June, 10, 2026 SENATE DEBATES 1

Wednesday, 10th June, 2026 Morning Sitting

Clerk, do we have quorum?

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

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

We do have quorum. Clerk, kindly call the first Order.

Hon. Senators, we were expecting the Cabinet Secretary in charge of Lands, Public Works, Housing and Urban Development this morning for purposes of responding to three questions by the Senator for Marsabit, Sen. Hamida Kibwana and the Senator for Nairobi City County. However, last evening, we received a letter from the Cabinet Secretary indicating that she will not be able to attend plenary this morning for purposes of responding to those questions. Therefore, we will move to Order No.8.

June, 10, 2026 SENATE DEBATES 2

Clerk, do we have the requisite quorum? Hon. Senators, I will proceed to put the question on Order No. 8.

June, 10, 2026 SENATE DEBATES 3

Mr. Speaker, Sir, I remember when I used to be in the Senate Business Committee (SBC) , we had developed the practice of inviting a minimum of three cabinet secretaries, so that in the event one does not show up, at least another would. This increased the probability of us having those engagements. I do not know what has changed because I am no longer in the SBC that today we were expecting only one Cabinet Secretary.

That is true, hon. Senator. Nothing has changed. We expected three cabinet secretaries this morning, but sitting at the SBC yesterday, we looked at the two letters that had been sent by the two cabinet secretaries who were supposed to appear before the House today. We found the reasons indicated in those letters to be valid and therefore, we acceded to their requests not to appear.

However, the Cabinet Secretary for Lands, Public Works, Housing and Urban Development had not indicated to us that she will not be available. We only received the letter after the SBC meeting. In fact, the letter was received after 4.00 p.m. yesterday and that is why she is indicated to appear this morning. With that letter having been received after the SBC meeting, that is why you see her questions contained in the Order Paper. Had we received this letter before the SBC, it would have been processed just like the other two letters that were processed at the SBC. Otherwise, the practice of having three cabinet secretaries is very much in practice.

The Majority Senate Leader, proceed.

Mr. Speaker, Sir, this is a follow-up to what the Senator for Nairobi is inquiring. Remember, we had issued fresh guidelines on letters, such as the ones you are referring to, that come in hours before the plenary on what needs to happen. There were necessary sanctions that we said should follow, up to and including, if the House elects to do so, fining people that are misbehaving.

As a House, you signed a letter to the Prime Cabinet Secretary and to the rest of the coordinating departments and they know the procedures. We do not have a problem with the two cabinet secretaries that informed the House early in advance who said they shall not be present. However, the Cabinet Secretary for Lands, Public Works, Housing and Urban Development you are referring to is, first of all, a ranking Member. She served for three terms in Parliament.

While you may excuse others though no excuses are allowed, she probably knows the procedures for Parliament, but this is not the first time this is happening. I wanted to know from you, Mr. Speaker, Sir, whether the necessary sanctions you had enlisted in that letter have applied.

June, 10, 2026 SENATE DEBATES 4

Sanctions are handed down by the House and not by the Speaker. If indeed, it is the opinion of the House that you sanction the Cabinet Secretary, it is very much within your powers. It is true that we have communicated the procedure to the Prime Cabinet Secretary, but that procedure has been flouted by a number of cabinet secretaries.

We have a letter from the Cabinet Secretary for Lands, Public Works, Housing and Urban Development that was received after 4.00 p.m. yesterday. Last week, we had questions and there was no letter, no communication and no phone call. We sat here not knowing what to do. So, it is true that the procedure has been communicated and explained to the Prime Cabinet Secretary. They even have a desk that interlinks Parliament and the Executive. Despite implementing all these measures, we still experience these ugly incidents where a Cabinet Secretary decides to write a letter, either that morning or the evening before Wednesday. So, it is very unfortunate.

So, if the House deems it fit to impose sanctions, it is within your powers, hon. Senators, but this is not a good practice.

Yes, Sen. Sifuna.

Sorry, Mr. Speaker, Sir, to speak twice on the same issue. I have looked at the letter that she wrote. Other than the fact that it was received very late, I honestly do not believe that those reasons are sufficient because she says that---

There is no reason.

Mr. Speaker, Sir, she says due to prior, earlier plans, whatever yet, you know that, as a House, when we do these invitations, the invitations actually are sent out in 14 days so that if, for instance, that invitation falls on a day when you are planning to travel or something else, you should write immediately.

The Cabinet Secretary for Lands, Public Works, Housing and Urban Development just unfortunately or fortunately, happens to be one of my favourites in this Cabinet. There are only two of them. It is her and Hon. Chirchir. So, I might cut her some slack, but I think she needs to be told that we are not very happy as a House, for the reasons that we have advanced, and why she is not here.

I thank you, Mr. Speaker, Sir.

Yes, Sen. Veronica Maina, you may proceed.

Mr. Speaker, Sir, thank you for the opportunity. I want to also reassert that it is important for the Cabinet Secretaries to take this session very seriously as an accountability platform both to the Senate and to the public. However, I want to distinguish the Cabinet Secretary for Lands, Public Works, Housing and Urban Development as a top performer in Cabinet.

She has appeared before this House and has never spited Parliament. I want to believe the reason she has to be excused today, for which she could not come to Parliament, must have been very serious, because she has served in Parliament and, as the Senate Majority Leader has said, she has already done the communication.

Since a decision was arrived at yesterday at the Senate Business Committee (SBC) , I want to request that the Cabinet Secretary be excused and maybe communication has already been made. It will look like a mixed signal when an issue is determined and a resolution is done on the Floor of the House, especially on a top- performing Cabinet Secretary.

June, 10, 2026 SENATE DEBATES 5

So, we proceed to Order No. 9

June, 10, 2026 SENATE DEBATES 6

Sen. Hamida Kibwana, you may proceed.

That business is deferred. Next Order. Yes, Senate Majority Leader.

Mr. Speaker, Sir, I was listening to you. You said “deferred.” Previously, there was an SBC resolution on what happens to Motions when they are called on the Floor and the owner of the business is not present. I do not remember if we agreed to vacate that position.

It was on Questions and Statements.

No, Mr. Speaker, Sir, even Motions.

June, 10, 2026 SENATE DEBATES 7

You see, Senate Majority Leader, if we drop this Order and the hon. Member walks in, we may need to have it. If you look at the Order Paper, it is fairly short and, in the next 10 minutes, we may have to adjourn.

So, for today, allow me to hold that decision in abeyance because we will be looking for business. So, in the event that Sen. Hamida Kibwana walks in, we may need her to continue with her business, so that we can make the morning more productive. So, let us defer it instead of dropping it, so that in the event she walks in, then we have an opportunity to have it prosecuted.

Next Order.

June, 10, 2026 SENATE DEBATES 8

Hon. Sen. Andrew Okiya Omtatah, you have the Floor. Sen. Okiya Omtatah not in the Chamber? That Order is deferred. Next Order.

June, 10, 2026 SENATE DEBATES 9

June, 10, 2026 SENATE DEBATES 10

Hon. Sen. Karungo Thang’wa, you may proceed. Sen. Thang’wa not in the Chamber? That Motion is deferred. Yes, Senate Majority Leader, you may proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.38 on temporary suspension of a sitting. At the SBC yesterday – and it is good that I say this when the Vice-Chairperson is here – because the Standing Committee on Finance and Budget had proposed that they were likely to be through with the Mediation on the Division of Revenue Bill. We had said, because we knew we had one Cabinet Secretary, we knew that we were likely to process that business this morning. They had promised us that at the beginning of the session this morning, we would have that report.

I have since followed up. The Vice-Chairperson has come into the House panting, saying that she is trying to get the report and they have promised that by 10.30 a.m., that report will be in the House.

June, 10, 2026 SENATE DEBATES 11

Mr. Speaker, Sir, I second but just to say that the Senate Majority Leader, just the way we have rebuked the Cabinet Secretaries, it is also very unfair for colleagues to come to the House this morning and the owners of the business on the Order Paper are not here. I think it is also something that we have to note as a leadership and as part of the whips of this House, we are having difficulties. Our work is not supposed to be this hard. I mean, people kill each other to be in this House. I expected some of them---

I am an SG somewhere and we know how much they fight for these nominations and tickets. If your business is on the Order Paper, just to be fair to colleagues, please, show up to the House.

I thank you, Mr. Speaker, Sir.

All right, so then I will propose the question that the Senate do suspend its proceedings until 10.40 a.m., in order to receive a report from Mediation Committee on the Division of Revenue Bill. We are going to deal with the report on the Division of Revenue Bill.

Now, Hon. Senators, this is rather procedural. We need not debate it. With your concurrence, you may allow me to put the question. Do I proceed to put the question?

Chairperson, Standing Committee on Finance and Budget.

Thank you, Mr. Speaker, Sir. This morning, I beg to table the following Papers-

June, 10, 2026 SENATE DEBATES 12 MEDIATION COMMITTEE REPORT ON THE DIVISION OF REVENUE BILL, 2026

Next Order.

Chairperson, Standing Committee on Finance and Budget.

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

THAT the Senate adopts the report of the Mediation Committee on the Division of Revenue (National Assembly Bill No.2 of 2026) , laid on the Table of the Senate on Wednesday, 10th June, 2026, and that pursuant to Article 113 (2) of the Constitution and the Standing Orders 167 (3) of the Senate, approves the mediated version of the Bill.

Chairperson, Standing Committee on Finance and Budget.

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

THAT the Senate adopts report of the Mediation Committee on the Division of Revenue (National Assembly Bill No.2 of 2026) laid on the Table of the Senate on the 10th of June, 2026 and that pursuant to Article 113 (2) of the Constitution and the Standing Orders 167 (3) of the Senate approves the mediated version of the Bill.

June, 10, 2026 SENATE DEBATES 13

Sen. Tabitha, you had already given notice. You are supposed to move the motion.

My apologies. I think it has been a long week during the mediation. I beg to rephrase and request that I move the Motion the following Motion-

THAT the Senate adopts the report of the mediated version on Division of Revenue. Mr. Speaker, Sir, as a House and as a Committee, we started this process in accordance with the Constitution and our Standing Orders. The Senate Committee on Finance and Budget agreed on Kshs454 billion. The report was subsequently tabled and adopted by this House.

Sen. Tabitha, before you explain the Motion, just move it as it is contained in the text and then you can go to your notes.

Thank you, Mr. Speaker, Sir. I beg to move the following Motion-

THAT, the Senate adopts the Report of the Mediation Committee on the Division of Revenue Bill (National Assembly Bills No.2 of 2026) , laid on the table of the Senate on Wednesday, 10th June, 2026; and that, pursuant to Article 113 (2) of the Constitution and Standing Order 167 (3) of the Senate, approves the mediated version of the Bill. Mr. Speaker, as I mentioned earlier, it has been a very busy week, bearing in mind our timelines and the work of the Committee on Finance and Budget. I wish to appreciate the Members of Committee, led by our honourable Chairperson, together with all other Members. It has indeed been a journey.

At the beginning, we tabled before this House Kshs454 billion, which was adopted. However, the National Assembly had already undertaken its process and settled on Kshs420 billion. Through the leadership of the House, a Mediation Committee was formed. Together with my colleagues, we sat in this Committee representing the Senate, alongside Members of the National Assembly.

We started the mediation process last week and held intense deliberations with our counterparts from the Budget and Appropriations Committee of the National Assembly. We justified the need to allocate counties Kshs454 billion, bearing in mind that the proposal of the Commission on Revenue Allocation (CRA) was higher. The Commission had proposed Kshs459 billion. We gave many reasons as to why the Senate proposed Kshs454 billion.

One of the key reasons is inflation. There are also the circulars of the Salaries and Remuneration Commission (SRC) on annual increment of salaries, which we know very well. These are recurrent expenditures that counties must take care of. Development projects, such as the County Aggregated Industrial Parks (CAIPS) , the Community Health Promoters (CHPs) , the National Social Security Fund (NSSF) and other increments must also be considered.

We presented our case before our counterparts during the mediation process. For example, all counties have CHPs, which is a shared responsibility between the national Government and the county governments. Some county governments have adhered to payments for their CHPs, while others have not, citing financial challenges.

June, 10, 2026 SENATE DEBATES 14

Please, address me as, “Madam Speaker.”

June, 10, 2026 SENATE DEBATES 15

My sincere apologies, Madam Temporary Speaker. As I stated, it has been a very tough week.

We had to tell Members of the National Assembly who were our counterparts and good brothers and sisters that, that money is a constitutional right. It should not be that all the time the Senate has to beg for county governments to receive their allocations because it is a constitutional process. That is why today we are here looking at this issue of the division of revenue.

As I sum it up, Mr. Speaker, Sir---

Madam Temporary Speaker---

Sorry, Madam Temporary Speaker. Thank you, Senator for Kiambu. Today, I see you are keen on me and I appreciate.

By our seventh meeting, we had already come to a conclusion. At some point, we were stuck at Kshs430 billion. We said that if it was not Kshs430 billion, then there would be no appropriation, but where do we live? It is in our country. Where would we stand then? Why do we have to have a stalemate in this country? We had to offer leadership. I have served in the committee for the past four years. When we started appropriating money, we moved from Kshs387 billion to Kshs405 billion, then to Kshs405 billion last and we added Kshs10 billion to county governments. That took us to Kshs415 billion.

In our last meeting yesterday, we were able to get Kshs13 billion more, bringing the total to Kshs428 billion for county governments. Looking at the trend, it is the mediation process that has been taking us to figures that are higher compared to other mediation processes that we have had. Therefore, we added counties Kshs13 billion. Political questions arose. May the soul of Baba Raila Amolo Odinga rest in peace. We were challenged on the question of Kshs450 billion, but we did not dispute. Our wish is that the legacy be sustained.

As I conclude and as I said earlier, we firmly put our case. Members of the National Assembly also explained and did the cuts. That is how we achieved at least Kshs13 billion finally settling at Kshs428 billion.

I would also like to give my colleagues an opportunity because we are time-bound as far as this Bill is concerned. I urge, especially the 47 elected Senators across Kenya who will have the privilege to vote, to adopt this mediated version of the Bill, so that our counties can continue progressing, offering development and quality service delivery to people that we all serve in our different capacities.

I also appreciate the Mediation Committee led by Sen. Ali Roba, Sen. Faki, Sen. Eddy, Sen. Olekina and Sen. (Dr.) Lelegwe Ltumbesi and myself, who were appointed by this House. After your approval, we represented this House accordingly. This is the report showing what we have fought for and achieved. It is our request that the House adopts this mediated version of the Bill, so that we also move to other Bills that we normally have as a committee. As you all know, we also have the County Governments Additional Allocations Bill and we are time-bound.

Madam Temporary Speaker, with those few remarks, I submit---

Who is seconding?

June, 10, 2026 SENATE DEBATES 16

That is where I was moving to. It is my honour to request my colleague and counterpart in the same committee and also a Member of the Mediation Committee, none other than the Senator for Mombasa, Sen. Faki, to second.

I thank you.

Proceed, Sen. Faki.

Asante, Bi. Spika wa Muda, kwa kunipa fursa hii kuunga mkono ripoti ya Kamati ya Uwiano kuhusiana na Mswada wa Division of Revenue. Kwanza nachukua fursa hii kuipongeza kamati hiyo kwa kuketi kwa muda mrefu ili kujadiliana na wenzetu wa Bunge la Taifa mpaka tukaafikiana kiwango cha fedha ambazo ni Shilingi bilioni 428.

Kama alivyotangulia kusema Sen. Tabitha, ilikuwa si rahisi kwa sababu wenzetu wa Bunge la Taifa walikuwa wanaongeza Shilingi bilioni moja baada ya kila kikao. Baada ya kila kikao, walikuwa wanakuja na kutuambia kuwa wameongeza Shilingi bilioni moja. Walianza na Shilingi bilioni 420 wakasema wataongeza Shilingi bilioni moja. Tuliendelea kukaza kisha tukashuka kidogo hadi Shilingi bilioni 450 kutoka Shilingi bilioni 454. Baadaye walisema wataongeza Shilingi bilioni moja. Tuliendelea kukaza kisha tukashuka kidogo nao wakapanda kidogo. Kufikia jana jioni, tuliona kwamba kuendelea na mjadala huo itakuwa kama kukamua maziwa kutoka kwa jiwe.

Japokuwa maelewano hayo yalikuwa baina ya Bunge la Taifa na Seneti, wenzetu wa Bunge la Taifa walikuwa wanapokea maelezo kutoka kwa Hazina ya Kitaifa, yani National Treasury. Hicho ni kinyume kwa sababu Bunge limepewa fursa kikatiba kuamua pesa ngapi zitagawanywa baina ya Serikali ya Kitaifa na serikali za kaunti. Kwa hivyo, ni masikitiko kwamba wenzetu wa Bunge la Taifa walikuwa wanahujumu shughuli hiyo muhimu kwa kutegemea zaidi maelezo kutoka kwa Hazina ya Kitaifa.

Jambo la pili ambalo tulifaulu ni kuwa Kipengee cha 5 (1) ambacho kinasema kwamba iwapo kuna upungufu, basi fedha ambazo zitakwenda katika kaunti zetu pia zitapungua. Tulikataa hilo kwa sababu tangu kuanzishwa kwa ugatuzi, ilikubalika kwamba iwapo zitaongezeka kwa upande wa Serikali--- Kwa mfano, Serikali imepitisha kiwango cha pesa ambazo walitarajia kukusanya. Hatuwezi kusema kuwa serikali za kaunti pia ziongezwe. Pia, tulisema kuwa iwapo kutakuwa na upungufu, basi, Serikali ya Kitaifa ichukue upungufu huo. Kwa hivyo, Hazina ya Kitaifa inafaa kujipanga na kuona jinsi wataweza kuziba mapengo yaliyosababishwa na upungufu huo.

Hicho ni kipengee muhimu kwa sababu iwapo tungekubali kuwa wanaweza kubadilisha, ina maana kwamba pesa ambazo zinakwenda katika kaunti zetu zingekuwa hazina uhakika. Kwa mfano, tungekuwa tunatarajia Shilingi bilioni 428 ama zishuke kwa sababu hali ya uchumi kama tunavyoona haipendezi.

Jambo la mwisho ni kuwa Serikali ya Kitaifa ina nafasi ya kukopa na inakopa kila siku. Inapokopa na wakati wa kutengeneza bajeti tunaambiwa kuwa kuna malipo ya mikopo ambayo yanafaa kulipwa kwanza. Hata hivyo, mikopo hiyo haifaidi kaunti zetu kwa sababu inafaidi Serikali ya Kitaifa pekee. Kwa hivyo, tumesema kwamba suala hilo ni lazima tulichunguze katika mchakato wetu wa bajeti. Iwapo Serikali Kuu itaendelea kuchukua mikopo kiholela, basi itabidi pesa zake ndizo zitumike kulipa mikopo hiyo. Si sawa pesa zilizokusanywa zikitolewa kwanza kwa ajili ya mikopo, kisha zilizobaki zigawanywe. Tutasimamia kwamba pesa zigawanywe kwanza, kisha wenye mikopo walipie mikopo yao kulingana na sheria.

June, 10, 2026 SENATE DEBATES 17

I now open the Floor. Proceed, Sen. Mungatana.

Madam Temporary Speaker, I rise to support this Motion.

First, I thank the team from the Senate, led by the hon. Chairperson and the Vice- Chairperson, for the good work they have done.

We are grateful to hear that they have managed to push Kshs13 billion more, from what we had last year. So, congratulations to them, and thank you for representing us well. As we speak about this Division of Revenue Bill, there are fundamental questions that we need to raise. The first question is; as much as we celebrate the fact that we have now pushed to 22 per cent of the total revenue raised by the national Government, Article 203 of the Constitution on how we should deal with equitable share states in Clause (2) that the amount shared with county governments must not be less than 15 per cent.

June, 10, 2026 SENATE DEBATES 18

June, 10, 2026 SENATE DEBATES 19

June, 10, 2026 SENATE DEBATES 20

Sen. Veronica Maina, please proceed.

Thank you, Madam Temporary Speaker, for this opportunity that you have given me. I would like to also thank the Committee Members, the Senators who sat in this Mediation Committee to negotiate how much should be allocated to the county governments. I believe they were protecting the interests of the county governments when they went to the Mediation Committee.

It has now become a trend that many Bills that are forwarded from the Senate or amendments that are forwarded from Senate to the National Assembly most likely meet the same verdict. They are rejected. So, increasingly, we are ending up as Senators in mediation committees with the National Assembly. However, we are happy to note that they have come back with the revised version or an agreeable version of the Division of Revenue Bill (DORB) .

First, I commend them for getting an additional Kshs13 billion for the counties. Those who have doubted the purpose of the existence of the Senate need to know today that if the Senate was not there, counties would be less Kshs13 billion in this version of DORB.

I also note the inclusion of one Clause 5, which is a good introduction to this Bill. It reads as follows-

“If the actual revenue raised nationally in the financial year falls short of the expected revenue set out in the Schedule, the shortfall shall be borne by the national Government.”

So, the national Government gets to guarantee any shortfall that comes within the budget cycle.

“If the actual revenue raised nationally in the financial year exceeds the projected revenue set out in the Schedule, the excess revenue shall be accrued to the national Government and may be used to reduce borrowing or offset debts.”

It is important for us to know how to manage our debt.

June, 10, 2026 SENATE DEBATES 21

Order, Senator for Murang’a and Senator for Laikipia. You do not have to laugh loudly.

Thank you, Madam Temporary Speaker. I do not know why they are laughing loudly. Maybe it is because yesterday they were not laughing. They were very sad. I saw them in that press conference, they were holding, but we encourage them---

The Temporary Speaker (Sen. Mumma) : Order, Senator Veronica. Can you proceed?

Honourable Temporary Speaker, I withdraw that comment before you even intervene.

Order, Senator Veronica. Can you proceed?

Honourable Temporary Speaker, I withdraw that comment before you even intervene.

She has already withdrawn.

It is important to note that any excess revenue should be used to reduce borrowing and offset debts. I find this to be very optimistic of the Mediation Committee to have come up with that clause. It means they had an open mind that we may not only deal with a shortfall, but we could also deal with excess revenue. This is the mindset we need to have both at the national and the county level; that we should see our economy and our country going to a point where we have excess liquidity, which can then manage and offset the debt we have as a nation.

Indeed, if we had this kind of a mindset, we would see reduction of corruption even within the counties. Every county should be working towards ensuring that their allocation is expended in a proper manner, managed in a good, professional and ethical manner, devoid of any corruption that causes this nation to waste so much. We must be able to close out on all the gaps that we are having in our expenditure and start to see revenue coming in excess.

I like that mindset and I hope that the counties, as they take up this budget, will be more responsible on how they expend resources that are allocated to them from the annual budgets.

When I look at what has been allocated to the counties, Kshs428 billion, it is revenue that they should be able to expend in the right way. In the last two days in Murang’a, we have seen the Early Childhood Development Education (ECDE) teachers going on strike because some of them are earning below Kshs6,000. We saw the increment that Governor Kang’ata has given to these ECDE teachers caused them to march to the gates of Murang’a County. They did not even have the energy to demonstrate. The only energy they had was to kneel down at the gate of Murang’a County offices and start praying for that county and for the governor.

These are not the kinds of images we want for our counties and our governors. We want to see governors, at the level of Governor Irungu Kang’ata, not being schooled every day by ECDE teachers about what Permanent and Pensionable (PNP) means in contract terms for people who are working within the county. These are basic things that governors must be able to sort out.

June, 10, 2026 SENATE DEBATES 22

June, 10, 2026 SENATE DEBATES 23

Thank you, Madam Temporary Speaker, for granting me the opportunity to also add my voice to this debate.

I thank the Committee under the able leadership of the Senator of Mandera, Sen. Ali Roba, who is continuously the speaker and progressively distinguishing himself as a true defender of devolution.

As a Senator, having served as a governor, I think he understands the nuances that happen in that other space. Sen. Cherarkey keeps reminding me that is where I am headed and I have no problem with that.

Madam Temporary Speaker, I have around three things to say about this report. First of all, is to associate myself with the comments made by the Senator for Tana River County, my brother and neighbour, Sen. Mungatana. However, hasten to add something that the Constitution contemplates that the allocations that we give to county governments should not be less than 15 per cent of the nationally collected revenue.

My colleagues, if you look at that provision of the Constitution critically, you realise that there is no minimum allocation to the national government. By extension, it means we could reach a point where we allocate a lot more money to counties from the nationally collected revenue than we allocate to the national government, because there is no minimum to the national government.

So, I want to remind my colleagues, as we sit here, we are grateful for getting Kshs13 billion more to our counties. We are now at 22 per cent of the nationally collected revenue. However, my brother, Sen. Mungatana, we may also want to reflect on this. It is 22 per cent of which revenue and financial year? This is because perhaps, if we did 22 per cent of the current or last year's financial collections, then maybe, we will be talking about a lot more money going to the counties. In which case, we have to push through the Committee on Finance and Budget. We should have a collective responsibility to push our colleagues in the National Assembly to fast-track the audits of the collections from the national Government, so that we are up to date. We are now talking about collections for national revenue. We are perhaps not talking about audited accounts of the Financial Year 2025/2026.

The second thing that I want to add to this Motion is a situation where the National Treasury gives county governments with the right hand, but takes away from them with the left hand. I say this because through the back door, the national government is increasingly budgeting for county governments.

I will give two examples of the County Aggregation and Industrial Parks (CAIPs) where a determination is made at the national government level that every county government will have a CAIP. The national government will put in Kshs250 million and the county governments will put in Kshs250 million. That is a decision made at the national level. The county governments have no say. They just have to comply.

I have just done a very simple calculation. Yes, we have gotten Kshs13 billion more, but look at it this way. Out of the 47 county governments, each county government is supposed to give Kshs250 million for its own CAIP. If you multiply Kshs250 million by 47, you get Kshs11.75 billion. So, we have sent an additional Kshs13 billion to county governments, but the national government has decided that Kshs11.7 billion of this money that they have given is going to CAIPs and there is nothing the county governments can do about that.

June, 10, 2026 SENATE DEBATES 24

June, 10, 2026 SENATE DEBATES 25

Sen. Ledama, proceed.

Madam Temporary Speaker, let me begin by thanking my co- members of the Mediation Committee for the good work and the number of hours that each one of us dedicated to mediating to a compromised figure. I just want to state it clearly here that the compromise figure of Kshs418.28 billion was not really meant to come out as a defeat of the counties, but rather, a figure that can allow counties to work.

Having sat in that Committee, I will take a few minutes to demystify a few things and plead with both sides of the aisle to support this mediated version of the Division of Revenue Bill. I got an opportunity to interact with figures and be realistic on the current situation of finances in this country.

We have Article 223 of the Constitution of Kenya. If you look at the way the national government has been operating, just in the last year, there has been over reliance on Article 223. This is an article in the Constitution that allows supplementary budgets or other expenditures outside the budget. We realised that in the past, this country had a

June, 10, 2026 SENATE DEBATES 26

June, 10, 2026 SENATE DEBATES 27

June, 10, 2026 SENATE DEBATES 28

Thank you, Sen. Ledama Olekina.

June, 10, 2026 SENATE DEBATES 29

Sen. Tabitha and Sen. Mundigi, please, maintain order. Finalise, Sen. Consolata.

Sen. Tabitha and Sen. Mundigi, please, maintain order. Finalise, Sen. Consolata.

Thank you for the protection. I wish I had a cane, but then I do not have one.

So, I want to wish you well in your studies, and thank you, teachers and the stakeholders who have accompanied our dear students. With love, from the Senate. Thank you.

June, 10, 2026 SENATE DEBATES 30

Sen. Consolata, you sound like you are reintroducing the cane from the Floor of Senate. Thank you, Sen. Consolata.

Sen. Sifuna, please proceed.

We gave another reason of the joint funding of national government programmes that counties are expected to finance, as mandatory obligations, including CAIPs, CHPs, FLLoCA and food systems resilience projects. We thought it would find favour with

June, 10, 2026 SENATE DEBATES 31

We gave another reason of the joint funding of national government programmes that counties are expected to finance, as mandatory obligations, including CAIPs, CHPs, FLLoCA and food systems resilience projects. We thought it would find favour with

June, 10, 2026 SENATE DEBATES 33

June, 10, 2026 SENATE DEBATES 33

On a point of order, Madam Temporary Speaker.

What is your point of order, Sen. Abdul?

Thank you, Madam Temporary Speaker. My point of order is on the content of the speech by Sen. Sifuna. I was following his contribution, which was very good, until the point where he decided not to give us facts by stating that the roof of

June, 10, 2026 SENATE DEBATES 34

Thank you, Sen. Abdul. Sen. Sifuna, you have made a sweeping allegation of the roof being changed every two weeks. Could you substantiate?

Madam Temporary Speaker, I wanted it to sound ridiculous, so that it punches the conscience of Members of this House. It might not be every two weeks.

Sen. Sifuna, you may then proceed to withdraw that statement.

Let me not say every two weeks because I do not have that evidence.

Then withdraw that statement.

I have withdrawn.

Okay, proceed.

Madam Temporary Speaker, in the life of this Parliament, we have seen changes to the State House more than we have seen in the past 10 years. That is the point I was making. In fact, we were joking here in Parliament, but the Secretariat of the Senate do not like me talking about Parliament.

Since I came to this Parliament, that main door there has changed more times than I can remember. I mean, which Senator complained about the door? We even have a new desk. I do not know if it is the Serjeant-at-Arms who liked that new design. At the end of the day, Kenyans can see that there is a lot of wastage and unnecessary expenditure in the way we manage our finances. You will see somebody coming to say that we cannot deal with taxation because if we are not able to tax you more, then programmes will collapse. If we can reduce taxes and decide that we will go and get one mabati roof that can last 10 years---

I am sure there are mabatis that can last 10 years. We built my mum’s house I think 10 or 15 years ago, but we have never replaced the roof. I will go to that same supplier if indeed we need to buy a roof for State House.

Madam Temporary Speaker, let me conclude by discussing the question of---

I am being informed there is also the question of flowers, but I do not know if Sen. Cherarkey has details.

Let me address the issue of delays in exchequer releases. That is the other way they use to frustrate devolution. They know that we will sit here and make noise and there will be a lovely figure there. They are talking of Kshs428 billion that will go to the counties, but there is no way counties can predict when they are going to receive the money.

It is very difficult to run counties in an unpredictable fashion if you do not know. For instance, if Senators do not know when we are going to be paid, how do you tell when to settle your obligations for rent, school fees and other things? Therefore, it is

June, 10, 2026 SENATE DEBATES 35

Thank you, Sen. Sifuna. Now we can have Sen. Abass.

Madam Temporary Speaker, I also want to join my colleagues in discussing issues in this report. First and foremost, I thank Members of the Mediation Committee for the struggle they made, but I have a rider on that.

Allocation to counties, according to Article 203, is a constitutional right for counties to receive more than 15 per cent of revenue collected. However, we go for mediation every financial year, but I do not see why. The Commission on Revenue Allocation (CRA) is there to calculate what should go to the counties and what should go to the national government. Therefore, there is no need going for having mediation every time. The National Assembly assumes it has all the rights to allocate at its will and not do according to the Constitution. That should not be the case.

Another issue is that the audited accounts that we are using to allocate funds are for Financial Year 2021/2022. Again, the same National Assembly has failed to approve the latest audited report sent by the Office of the Auditor-General (OAG) . That should have been the case for money that we will appropriate to both levels of government.

The figure of Kshs428 billion is not enough for the counties. One thing is that counties have majority of Kenyans. Look at the services they are supposed to provide? I do not know what the national government wants to do with the eight per cent of the revenue that is allocated. I think Kenyans get services through the counties. That is why we have devolution. Therefore, we need to allocate them more money. If not all, then at

June, 10, 2026 SENATE DEBATES 36

June, 10, 2026 SENATE DEBATES 37

Sen. Maanzo, I am giving you the opportunity with the request that you share that time with one more Member from the other side.

Proceed and share with Sen. Sigei. Thank you.

I will be brief because most points have been made. This Division of Revenue Bill and the negotiated version still fall below the constitutional threshold for what should go to counties.

There have been serious challenges with delays in releasing money from the National Treasury, and counties cannot perform on time. There are also pending bills dating back to 2013 in all counties, including Makueni. New governors find it difficult to clear those pending bills.

There is also the issue of oversight by this House. Primary oversight is done by county assemblies, while secondary oversight is done by us through audited accounts. Whenever we summon governors, they appear. For example, today, we passed a report by the Committee on Health that visited some counties, including Makueni. We made recommendations on ambulances and other health issues in Makueni County. We will return to these counties, including Makueni, to verify implementation of the report, which will be shared with them.

June, 10, 2026 SENATE DEBATES 38

Thank you, Sen. Maanzo. Proceed, Sen. Sigei.

Madam Temporary Speaker, thank you for giving me the opportunity to add my comments on this important Bill. First, I thank the Committee led by the able Chairperson, Sen. Ali Roba, and the team of Senators who were part of the Mediation Committee.

When the Vice-Chairperson was moving this Motion, she took us through the experience they had with our counterparts in the National Assembly, the back-and-forth engagements aimed at enhancing allocation to counties, ultimately reaching Kshs428 billion. Although this is not what we asked for, and not what this House passed, which is Kshs454 billion, it is still an improvement on the previous allocation.

I wish they had stayed longer. From the moving notes, Sen. Faki said they had back- and-forth talks. If every break yielded a billion, we would have gotten more. Nonetheless, I appreciate them. They have done what the rest of us in this House would have wanted.

Madam Temporary Speaker, even as we debate this Bill today, we are doing so as angels because we seek to enhance resources allocated to our counties. Sen. Wambua, while contributing earlier on, made reference to the ugly scenes that we sometimes experience in the course of conducting our oversight mandate before the various committees or even sometimes when we appear physically in the various counties where we are undertaking our oversight role.

Madam Temporary Speaker, why am I saying that? I am saying it because we have put in a lot of energy, as a House, to push additional resources to be allocated to our counties. Of course, as protectors of devolution, under Article 96 of the Constitution, we definitely expect that accountability, which we have said is not an option and, in fact, is not available for any other governor or any other person who is running an institution at the county level, to make a choice whether to be accountable to the Senate or to the public in the positions that they are holding or otherwise.

However, we stand here to fight for additional resources to the counties. We definitely then expect that a similar responsibility goes out to the governors to make sure that whatever resources that we do take out there should be put into good use, so that even as we fight as a House, we know that the beneficiaries are the people who are sitting out there in the counties in terms of service allocations that they are getting.

In the report, I will just try to run specifically to a number of issues which I picked. I would like to deal with the inclusion of Clause 5 of this particular Bill, which cushions the House and also our respective county governments from any kind of

June, 10, 2026 SENATE DEBATES 39

June, 10, 2026 SENATE DEBATES 40

Thank you, Madam Temporary Speaker, I rise to support the report that has been brought by the Mediation Committee.

The Mediation Committee was established as an alternative dispute resolution method. It came in to bring in the interest of the Senate, which is primarily to protect the interests of our counties.

Two factors have been raised in this report. One is the idea of checking on the funding needs of both the counties and the national government, but for our reason, we are keen on the funding needs of the county governments. The Mediation Committee looked at the realities as they are. We want to tell even members of the National Assembly that all of us, as Kenyans, we live in some counties. Our families are members of some counties and so what affects those counties affects all of us as members, be it you in the Senate or whether you are a member of the National Assembly.

Look at the functions that counties undertake. In a key function such as health, all our families wherever they are you know back at home get services from the hospitals that we have in the counties. We all need to pay attention to counties whether you are in the National Assembly, county or the Senate. Look at the cost of the provision of health. Sometimes it is a pity and we have said it over and over again that most of these functions were never costed. A sector such as health should never be arbitrarily given resources without costing because it is so key to our people.

When you walk around in most of our hospitals, most of the time there are no provisions that should be there. An example is the sub-district hospital in my constituency Ndhiwa. It is a pity that there are complaints in our community now. Either there is no medicine or good attention given to the sick. It is even unfortunate that there are allegations of government hospitals referring patients to private hospitals.

Honourable Senators, it is now

Honourable Senators, it is now