February, 11, 2026 SENATE DEBATES 1

Wednesday, 11th February, 2026

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 a further 10 minutes.

Order, hon. Senators. We now have quorum. We will proceed with the afternoon's business.

Clerk, kindly call the first Order.

Sen. Munyi Mundigi, kindly take your seat.

February, 11, 2026 SENATE DEBATES 2 MESSAGES FROM THE NATIONAL ASSEMBLY PASSAGE BY THE NATIONAL ASSEMBLY OF THE BASIC EDUCATION (AMENDMENT) BILL, (NATIONAL ASSEMBLY BILLS NO.59 OF 2023)

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46 (3) , I received the following Message from the Speaker of the National Assembly regarding the passage, by the National Assembly, of The Basic Education (Amendment) Bill (National Assembly Bills No.59 of 2023) .

The Message dated Friday, 19th December, 2025 was received in the Office of the Clerk of the Senate on Monday, 5th January, 2026. Pursuant to Standing Order No.46 (4) , I now report the Message-

PURSUANT to Article 110 (4) of the Constitution and the provisions of Standing Order No.41 (1) of the Senate and No.142 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly-

WHEREAS The Basic Education (Amendment) Bill (National Assembly Bills No.59 of 2023) was published vide Kenya Gazette Supplement No.166 of 13th September, 2023, as a Bill seeking to provide for the establishment of sub-county education boards in every sub-county;

AND WHEREAS, the National Assembly considered and passed the Bill with amendments on Wednesday, 19th November, 2025 in the form attached hereto;

NOW THEREFORE, in accordance with the provisions of Article 110 of the Constitution and Standing Orders No.41 (1) of the Senate and No.142 of the National Assembly Standing Orders, I hereby convey the said decision of the National Assembly and seek concurrence of the Senate on the said Bill.

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

Accordingly, I direct that The Basic Education (Amendment) Bill (National Assembly Bills No.59 of 2023) be listed in the Order Paper for the First Reading at the appropriate time.

Thank you. I have another Message to pass.

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The Senate Majority Whip.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, 11th February, 2026.

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Proceed, Vice-Chairperson, Mediation Committee on The Coffee Bill.

Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the Report of the Mediation Committee on the Coffee Bill (Senate Bills No.10 of 2023) , laid on the table of the Senate on Thursday, 4th December, 2025, and that pursuant to Article 113 (2) of the Constitution and Standing Order No.167 (3) of the Senate, approves the mediated version of the Bill.

Thank you.

The Chairperson, Standing Committee on Labour and Social Welfare. You have two Papers to lay.

Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Labour and Social Welfare on a petition to the Senate by employees of the former Kenya Cooperative Creameries Limited (KCC) concerning non-payment of outstanding terminal benefits and Maziwa Sacco dues to former employees of Kenya Cooperatives Creameries Ltd, laid on the Table of the Senate on Thursday, 27th November, 2025.

February, 11, 2026 SENATE DEBATES 7 ADOPTION OF REPORT ON PETITION BY MR. TITUS NJOROGE ON HIS DISMISSAL BY AIC AND NON-PAYMENT OF ARREARS OWED TO HIM

Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Labour and Social Welfare on a petition to the Senate by Mr. Titus Njoroge concerning his dismissal by the African Inland Church (AIC) of Kenya and non-payment of arrears owed to him, laid on the Table of the Senate on Thursday, 27th November, 2025.

The Chairperson, Standing Committee on Health.

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

THAT, the Senate adopts the Report of the Standing Committee on Health regarding the County Oversight and Networking engagements to Mandera, Wajir and Marsabit Counties, laid on the Table of the Senate on Thursday, 2nd October,

Next Order.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 to make a Statement on a matter of general topical concern regarding the 16 days of activism campaign against Gender Based Violence (GBV) , including femicide, which was observed in the country from 25th November, 2025 to 10th December, 2025 as a build up towards the International Human Rights Day commemorated annually on 10th December, 2025.

Mr. Speaker, Sir, the 16 Days of Activism is an international movement widely acknowledged as a means to raise awareness, strengthen advocacy and promote action to prevent all forms of gender-based violence. Last year's programme offered an opportunity to reflect on the forms of violence against women, girls, men and boys in Kenya.

While physical and sexual violence are the most visible forms of GBV in Kenya, other manifestations often remain overlooked and underreported and socially accepted. These include economic violence, psychological abuse, digital and cyber violence and harmful cultural practices such as forced and child marriage, Female Genital Mutilation (FGM) and widow disinheritance.

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Statement pursuant to Standing Order No.53 (1) , the hon. Senator for Kisii County, Sen. Richard Onyonka.

That Statement is dropped.

Thank you, Mr. Speaker. I have two statements and I request to read them consecutively.

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Senator for Tharaka-Nithi County, the Hon. Sen. Mwenda Gataya.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the standing Committee on Education on a matter of national concern regarding the plight of Grade 10 learners across Kenya.

Mr. Speaker, Sir, the transition of learners into Grade 10 has exposed significant challenges within the education sector, including financial barriers, preventing some students from reporting to school, inadequate capitation for senior secondary schools, shortage of teachers and strained infrastructure, particularly rural and semi-arid lands (ASALs) areas. The situation has raised widespread concern among parents, learners and stakeholders, as it directly affects equitable access to quality education and successful implementation of the Competency-Based Curriculum (CBC) .

In the Statement, the Committee should address the following-

Senator for Kisumu County, the Hon. Sen. (Prof.) Tom Ojienda, please proceed.

Is Sen. (Prof.) Tom Ojienda not in the Chamber? He has three Statements. Those Statements are dropped.

February, 11, 2026 SENATE DEBATES 12 STAFFING GAPS IN CRITICAL HEALTHCARE FACILITIES IN KISUMU COUNTY

Thank you, Mr. Speaker, Sir. Allow me to make some comments on the statement that has been sought by the Senator for Nandi County, regarding the assault on young people who were playing pool in Nandi Hills.

The entire country was in shock when those videos came out. That young people would just be hanging out, not breaking any law, within the confines and protection of the law, seemingly, and then police officers would come in and without any explanation or provocation, start physically assaulting those young people. What is most heartbreaking, as far as I know, up to today, the National Police Service (NPS) has not told us whether those officers who were involved in that particular incident have been arrested.

Mr. Speaker, Sir, we have come to a place where we are having certain conversations in this country and we must remind ourselves of the sort of society that we wanted to be when we passed this Constitution. This Constitution guarantees certain things for all of us. We expected that we would be a country governed by rule of law, that we would have freedom, democracy, equality and social justice here, as stated in the preamble of our Constitution.

Mr. Speaker, Sir, this House, following the Gen Z uprising, passed a certain Motion, calling on the National Police Service to review their operating procedures. Up to today, nothing has been done to address the concerns that Kenyans have with the way the police conduct themselves. We cannot live in a country like this. Sen. Cherarkey, you have to agree with me that we have to build a society where people are free.

People think that the Memorandum of Understanding (MoU) that we signed was between the Orange Democratic Movement (ODM) and United Democratic Alliance (UDA) . On the contrary, it was an MoU to actually resolve the challenges of this country. One of the things that we provided for was to solve the question of youth unemployment, sort out the question of officers who misbehave and to protect and promote the livelihoods of young people. We have programmes, for instance, that are going on to give young people seed capital to essentially do business. Some of the business these young people do is opening pool stations. So, you have a situation where the Government will give you money to start a business, but because all these things are not being done within a framework of democracy and freedom, the police can have the audacity to come to that business and do what they did in Nandi Hills. We must cure this.

Kenya has a software problem. It is not just about roads and beautiful stadia. By the way, everybody should know that President Moi built stadia also, but no one wants to go back to the life that we used to live under President Moi. That is just a fact, and because of the software, we have to go back to a country that is ruled by law, a democratic state where people are free to live their lives and to better themselves.

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Sen. Essy, please proceed and keep it under three minutes.

Thank you, Mr. Speaker, Sir. I would like to support the statement by Sen. Cherarkey. If you watch those clips online, it is really sad. I pause to wonder whether we have a law which requires innocent members of the public to walk with identification cards, or is it a way the police are using to extort money from already poor young people who have nothing to put on the table? Sad enough, no arrests have been done yet. So, I really feel we do not need to put a blind eye to this matter, because when you keenly watch the video, the National Police Service should by now be informing members of the public what transpired and any actions which have been taken.

Finally, Mr. Speaker, Sir, I would like to support the Statement by the Senator for Tharaka-Nithi. It is not just on Grade 10 learners. Just the other day, on Monday, I was admitting a student, a young girl with disability, to a technical training institute in Keroka, Kisii County. I realized that these people still undergo several challenges. Why would a person living with disability have to pay total school and examination fees upon admission? I thought it needs to be easier for them than the other students who can do that without any trouble.

So, apart from the Grade 10 learners, the Ministry needs to give special consideration to students who want to learn, but are orphans and abled differently, so that they do not have to undergo the hustle that I witnessed just the other day when I was admitting that student. I was doing that as a Member of Parliament; imagine any other ordinary parent who is seeking to admit their students. So, let the Committee get down to the real issues, and the Ministry comes to recommend on how best we accommodate such cases.

Thank you.

Sen. Joe Nyutu, please, proceed

Thank you, Mr. Speaker, Sir, for this opportunity. I also rise to support Sen. Cherarkey’s Statement regarding police brutality against some young men who were playing pool game. This must be condemned by any Kenyan who values the freedoms we enjoy; the freedom to assemble and play whichever game at whichever hour, as long as it is within the licensed time of the facility. If anyone commits a crime, the police are trained to arrest and charge such individuals in accordance with the law. I do not think we have provision in our laws that allows the police to clobber people without a good reason.

Not long ago, police officers were reported to have accompanied goons who disrupted a service at Witima Anglican Church of Kenya (ACK) in Othaya, Nyeri County. This matter must be addressed. The Police Commissioner must be held accountable. From this statement, it seems that the perpetrators of this crime have not been arrested or charged. The same is true of those who attacked Witima ACK Church in Nyeri. To date, none has even been called to record a statement, despite their names and contacts having been provided. The police have taken no action against these lawbreakers.

Kenya cannot be allowed to slide into a police state. The Committee on National Security, Defence and Foreign Relations must deal with this matter decisively. They must

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Sen. Karungo.

Thank you very much, Mr. Speaker, Sir. I also support the statement by Sen. Cherarkey because nobody deserves police brutality. Police brutality against a citizen is police brutality; police brutality against a politician is still police brutality. We have spoken about this before.

I want to support it further by reminding the Senator for Nandi County that after World War II, a German pastor named Martin Niemöller spoke about the dangers of remaining silent when others are persecuted. He said-

“First, they came for the socialists, but I did not speak out because I was not a socialist. Then they came for the trade unionists, but I did not speak out because I was not a trade unionist.”

Then they came for the Wamunyoro and his people, but I did not speak out because I was not among a Wamunyoro adherent. Now they have come to Nandi Hills, where the Senator comes from, to his people. I will not keep quiet because police brutality is unacceptable. I will speak together with him to call out rogue police officers and demand that the IG of NPS takes action.

I also remind the House that the Cabinet Secretary responsible for the police comes from that region. He should act because if citizens are being assaulted while simply playing a pool game and posing no threat to anyone, then both the Cabinet Secretary and the IG must be called to order. Nobody deserves to be assaulted by the police.

On the issue of education raised by Sen. Mwenda Gataya of Tharaka-Nithi County, I wish to assure him that he should not worry. The President, together with the Deputy President, have publicly stated that education is free. I do not understand why we are discussing statements suggesting that children cannot attend school without fees. The President and Deputy President have already announced that if you do not have school fees, you should still go to school. That is a declaration of free education. Many families do not have money, so this assurance is important. However, we are being vindicated because what is said on the podium is different from what is happening on the ground.

Therefore, Sen. Mwenda, just tell your people to go to school. Education is free. Thank you.

Sen. Wakoli.

Thank you, Hon. Speaker, for the opportunity to weigh in on the matter of police brutality and the arbitrary arrest of young people. We are enjoying the fruits of freedom fighters, the labour and sweat of serious leaders. Not long ago, we buried our enigma, Hon. Raila Amolo Odinga, Mhe. Wamalwa Kijana and my good friend, Lawrence Sifuna, from Bungoma. These are people who fought for freedom of speech, freedom of association and freedom of movement.

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Sen. Omogeni.

Mr. Speaker, Sir, I join my colleague Senators in condemning police brutality. We enacted a new Constitution in 2010 and the aspirations and spirit of Kenyans were to create a free and democratic society. That Constitution enshrines fundamental rights, including the protection of our youth from inhuman treatment. How can police officers, who should be civilians in uniform, harass youths simply for playing pool?

As a student of Constitutional Law, I note that Article 240 of the Constitution of Kenya, 2010 establishes the National Security Council (NSC) . The NSC is chaired by none other than the President of the Republic of Kenya. The NSC has supervisory powers over the national security organs. Why can we not see internal disciplinary action against those police officers or investigations that lead to prosecution? Kwani in this country has our Constitution taken a tea break?

Anytime Kenyans see policemen, they have to become athletic. That is why they are even going to Nandi to see if those youths are athletic enough. We cannot live in such a society. That is why this afternoon we should all speak in one voice and tell our police officers that we want to live in a society that is more free. We do not want to be brutalized by our police officers.

The question I am asking is: Honestly, if a crime has been committed like what we saw, how long does it take before we see action? Is it after one, two or three years? By now, heads should have rolled. What can we explain to this country if the same police officer repeated the same crime tomorrow in Nairobi? Transferring is not disciplinary action.

Mr. Speaker, Sir, those who cannot live up with the freedoms that are guaranteed to Kenyans in our Constitution can quit. They can also go and sell mandazi elsewhere.

I support.

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Sen. Onyonka, you have the Floor.

Mr. Speaker, Sir, I am happy to be back in this House. I am also happy to see you and my colleagues back in this House.

I would like to contribute to the Statement that my leader, Sen. Cherarkey, brought. I listened to Sen. Karungo and I wish he were still in the Chamber. Any time we are at an advantaged position, particularly in the Government, and see people being violated, we clap and laugh about it.

I remember before Sen. Karungo and “Wamunyoro” had disagreed with the President, that is the time we were talking about very painful things about our country and how our behaviour was. Any violation, minimum or otherwise, against an individual who is either next or very far from you, there is a possibility that that violation will come back to you.

The truth about the security situation in our country is that there should be reason, fairness, no bias and no weaponisation of security in the Republic of Kenya. Whether the young men were actually playing pool and they were from some place called Kebirigo in Kisii Region or Nandi, that was a sad picture because the optics of it was not good.

Because of this Statement, I hope that we will summon the Inspector General of Police soon and get an opportunity to interrogate the matter. If there is anything, maybe we should advise what he should and what he should not do.

Mr. Speaker, Sir, these issues are related. The event where we saw individuals with guns shooting bullets outside a church was because Hon. Gachagua was in that church. The truth is that Hon. Gachagua disagreed with the President and the Government.

As leadership, we should be magnanimous enough to agree that we in the opposition should be allowed to say whatever we say, so long as it is within the law and so long as I do not violate anybody’s dignity and respect. So long as I am not petty, I should be allowed because---

Next is Sen. Wamatinga.

Mr. Speaker, Sir, let me also add my voice in supporting the Statement by the Senator for Nandi, Sen. Cherarkey. Indeed, it is very sad to see police brutality meted on young people. We are living at a time where we should have utmost tolerance.

I concur with Sen. Cherarkey that indeed with the kind of police force that we have, there are some who have become rogue. For that matter, they are spoiling the name of some good servicemen and women that we have in this country. Therefore, it is imperative that we, as a House, stand and condemn whichever form of brutality that comes from the police because that is the organ that we have entrusted with the security, and to safeguard our national interest.

Mr. Speaker, Sir, allow me also to weigh in on the matter of attacking worshippers. It is sad that it is happening in the 21st Century. It does not matter which side of the political divide you are. You should not subject members of our families

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Proceed, Sen. Mwinyihaji Faki.

Asante, Mhe. Spika, kwa kunipa fursa hii kuchangia Taarifa iliyoletwa Bungeni na Seneta wa Nandi, Sen. Cherarkey.

Ukatili wa polisi umekuwa ni jambo la kawaida katika nchi yetu. Mwaka huu kumekuwa na matukio mawili ambayo yanaonyesha kwamba ukatili unaendelea katika nchi yetu licha ya kwamba tuna Katiba mpya, taasisi huru ya kusimamia mambo ya polisi na kwamba nchi tayari ilikuwa imekemea suala hili hapo nyuma.

Mheshimiwa Spika, kitendo kilichotokea kule Nandi ambapo vijana waliokuwa wanacheza mchezo wa pool ni cha kinyama sana. Kutaka mtu atembee na kitambulisho ni jambo lililopitwa na wakati. Kabla ya Uhuru, watu walikuwa wanatembea na kibali ama kipande. Ukiulizwa na polisi, unaonyesha kipande chako.

Ipo haja ya Waziri mhusika kuja katika Bunge hili ili kueleza kwa nini unyama ama ukatili wa polisi unaendelea katika nchi yetu wakati tuna Katiba ambayo inatoa uhuru kwa wananchi na watu wengine humu nchini kufanya mambo yao bila matatizo yoyote. Masuala mengine kama yaliyotokea kule Nyeri ama Othaya ambapo vitoamachozi vilitupwa katika kanisa ni mambo ya kusikitisha kwa wakati huu.

Licha ya kwamba wana mtaala mpya wanafundishwa sheria mpya, bado polisi wetu wana fikira za kikoloni kwamba polisi lazima akufanyie unyama wewe kama raia. Mengi yanatendeka sehemu nyingi ambayo hayatolewi katika vyombo vya habari wala hayaelezwi katika social media.

Kwa hivyo, Mheshimiwa Spika, naunga mkono Taarifa hii. Kamati husika lazima ilivalie njuga jambo hili ili wahakikishe kwamba wanapata ukweli wa mambo haya. Wale ambao walidhulumiwa wanafaa kupewa ridhaa na polisi ambao walitenda kitendo hicho cha kinyama wachukuliwe hatua kisheria.

Proceed, Sen. Abass.

Mr. Speaker, Sir, I would also like to join my colleagues in supporting the Statement by the Senator for Nandi.

Mr. Speaker, Sir, I am not surprised because I come from a "police state" and police harassment is the order of the day. However, it is good to hear that today, the same thing is happening in Nandi Hills. The behaviour of the Kenyan police officers is very unfortunate. They are supposed to be friendly, so that Kenyans with problems can run towards them and not run away from them.

I came from Wajir County and every time I travel to Nairobi, all vehicles travelling are stopped at every stage for inspection. The passengers are told to drop their

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Sen. Seki, proceed.

Thank you, Mr. Speaker, Sir. I also join my colleagues in commenting on this Statement from Sen. Cherarkey on police brutality and harassment of Kenyans. Just recently, there was an incident in my county where a police officer killed a citizen in Kajiado and put another young man in the Intensive Care Unit (ICU) .

This is a big issue that has been a problem in the whole country. Therefore, I join my colleagues to condemn it and even see how Kenyans can be saved from this police brutality. I do not know how we can really bring this to an end because, it seems like the Kenya Police have directives. Their Inspector General (IG) seems not to be very cognisant of what is happening to Kenyans; we are losing young people in this Republic without anything happening.

Mr. Speaker, Sir, I do not know if it will be enough for the Committee to sit down with the IG, the Directorate of Criminal Investigations (DCI) , the National Intelligence Service (NIS) and all the national security personnel because this is something that has been a big problem. I do not know if there is a directive from a higher office than that of the IG to kill Kenyans.

It is a problem and a nuisance that we cannot understand. There was another incident in Kitengela, Kajiado County, where police officers just started shooting young men in a restaurant during their leisure time without any provocation and up to now, none of them has been arrested. It is the same scenario we saw when Hon. Gachagua attended a church service.

There are a lot of problems and I think much will be done by the Committee.

Sen. Omtatah, proceed.

Thank you, Mr. Speaker, Sir. I rise to support both Statements. On the first Statement by Sen. Cherarkey, I think we should look at the entire architecture of militarisation of the Kenyan police.

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Sen. Osotsi, proceed.

Thank you, Mr. Speaker, Sir, for the opportunity to also raise my concern about the harassment of youth by police officers in Nandi Hills. It is so unfortunate that this police force that Kenyans have tried their best with all the investment through the Constitution of Kenya 2010 to make it a reformed service is getting worse and worse.

A situation where police officers can enter a private club and beat up the youth or do all manner of things is not something that should be happening in this country. These are things that happen in failed states, not in a democratic state like Kenya. Maybe, we need to go back and ask ourselves if this is the police force that we wanted and even, put it in the Constitution that the Police Service Commission should be independent.

We even put there the Independent Police Oversight Authority (IPOA) , which is supposed to oversight the National Police Service Commission and nothing seems to be working. We must ask ourselves why? Why is the police not able to serve Kenyans well

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Next Order, Clerk.

Hon. Speaker, I beg to move the following Motion- THAT, pursuant to Standing Order No.111 (1) , the Senate resolves that debate on a Motion not sponsored by the Majority or Minority Party or a Committee shall be limited in the following manner-

A maximum of three hours with not more than twenty minutes for the Mover, twenty minutes for the Majority Party official responder, twenty minutes for the Minority Party official responder and fifteen minutes for each other Senator speaking; and further that fifteen minutes before the time expires, the Mover shall be called upon to reply.

I beg to move.

Mr. Speaker, Sir, I second the Motion. While I second the Motion, I wish to appreciate the limitation of time to the extent of Members being allowed to take certain timeline because of the business that is existing in the House and for purposes of ensuring that we are also able to transact whatever businesses that are placed in the Order Paper or which are placed before the House within a reasonable timeline.

Mr. Speaker, Sir, I beg to second.

I will now propose the question.

Now, hon. Senators, this is a Procedural Motion. With your concurrence, I may proceed to put the question, so that you can vote on the statement. Do I have your concurrence?

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We do not have a quorum in the House, Mr. Speaker, Sir.

Clerk, do you have quorum? So, Serjeant-at-Arms, ring the Quorum Bell for 10 minutes.

Clerk, please, continue ringing the Quorum Bell for another five minutes.

Order, Hon. Senators. Sen.

Clerk, we may now move to the next Order.

Senate Majority Leader, you may proceed.

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

THAT, notwithstanding the provisions of Standing Order No.111 (4) , the debate on any Motion for the adjournment of the Senate to a day other than the next normal sitting day in accordance with the calendar of the Senate shall be limited to a maximum of two hours, with not more than fifteen minutes for each Senator

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Mr. Temporary Speaker, Sir, I second since this is a Procedural Motion and for colleagues to have time to vote on it, so that we can dispose of it and proceed to other matters on the Order Paper. I think that this is important and it is a procedural matter as per our Standing Orders.

With those few remarks, I beg to second. I thank you.

The Senate Majority Leader and Sen. Olekina, please, take your seats.

Hon. Senators, this being also a procedural Motion, I will proceed to propose the question.

As I have alluded, Hon. Senators, with your concurrence, I will proceed to put the question because this is another procedural motion just like the previous one we dealt with. I believe we are in concurrence.

Hon. Speaker, I beg to move the following Motion- THAT, pursuant to Standing Order No.27 (6) , the Senate resolves that the debate on the motion on the President's address to Parliament shall be limited to a maximum of three sitting days with not more than 15 minutes for each Senator speaking, excluding the mover in moving and replying, who shall be limited to 30 minutes in either case and that the Senate Majority Leader and Senate Minority Leader shall be limited to 30 minutes each.

I beg to move and request Sen. Cherarkey to second.

Mr. Temporary Speaker, Sir, this is another straightforward Motion. As per our Standing Orders, this will increase efficiency and effectiveness of the House to be able to transact most of these motions in good time and in line with our Standing Orders, as anchored in Article 123 of the Constitution of Kenya.

I beg to second.

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I request

Mr. Temporary Speaker, Sir, as I second, I am impressed with the efficiency of the Senate Majority Whip. I saw even on the weekend when they were burying Prof. Siamba that although he was being intimidated, he stood his ground. We are proud of what you are doing.

Hon. Members, similarly, this is also a statutory motion, a procedural motion, and with your concurrence, and having also determined that this matter does not affect counties, I will proceed to put the question.

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The Senate Majority Leader, please proceed.

I thank you, Mr. Temporary Speaker, Sir.

I beg to move that The Kenya National Council for Population and Development Bill (National Assembly Bills No.72 of 2023) , be now read a Second Time.

Mr. Temporary Speaker, Sir, this is a very important Bill. It is actually a National Assembly Bill No.72 of 2023, which our colleagues in the National Assembly have considered and duly now forwarded here to the Senate for consideration. This Bill, in a nutshell, seeks to establish properly this state corporation in statute.

As it is today, this Government agency is set up only under legal notice, Legal Notice No.120 of 2004. It is a very important Government agency. As you know, population is not a small matter in this country. There has been controversy. Even as we speak today, you know that the last census of 2019, certain sections of it were successfully challenged in court.

Today, even as we do division of revenue and government planning, many of those issues, in my opinion, are just being guided by guesswork. What do you do in the sense that a population census has been carried out and challenged in court? I am disappointed that there were no sanctions to the particular officers. If the court was convinced that either figures were inflated or the census was not carried out accordingly, then there should have been sanctions on the duty-bound officers or the people who undertook that exercise.

The problem in this country is that there are never sanctions for individuals who bungle public exercises. You will cancel an election, a title that was allotted, a certain transaction, but there has never been a decision. I wish that we had more bold judges in our judiciary who will look at civil servants who participate in such exercises that end up costing taxpayers money and send them to jail, so that people begin to appreciate that when you are charged with the responsibility of being a public officer, you take it seriously and do justice in the interest of the people.

Mr. Temporary Speaker, Sir, that was just a small deviation because I thought about the people that come specifically from those counties that are affected by the ruling on the population census of 2019, and the anxiety and injustice that they continue to suffer today, so long as the Government has never provided remedial measures on how to resolve that particular matter. The courts, in their wisdom or lack of it, as they say, never give direction on how that matter needs to be handled, or at least, none that I am aware

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Senate Majority Leader, as Sen. Cherarkey takes the microphone, I take comfort in the assurance you gave regarding those doing the drafting from the Office of the Attorney-General (AG) and their responsibility to ensure they do the right thing. I am sure the AG is listening and will take responsibility in future legislation that comes to this House.

Senator for Nandi, proceed.

Thank you, Mr. Temporary Speaker, Sir. As I rise to second this critical Bill, I want to pick up from where the Senate Majority Leader has left. I will make a few observations because the rest of the Bill is more of a cleanup. What is happening in the State Law Office is simply resetting the old way of doing things into new recognition.

Senate Majority Leader, it is important to note that most Bills, over the years we have worked together, always exclude the role of devolution. I do not think this is the first Bill. I hope you can escalate it to the Committee on Devolution and Intergovernmental Relations and other engagements through the Senate Business Committee (SBC) and the leadership of the House. I confirm to you that this is the only engagement we will allow you to do. Any other engagement extended by the Council of Governors (CoG) , who are a professional gossip club, should not be given similar courtesy. However, we are with you on this matter.

Mr. Temporary Speaker, Sir, population and development are very key. The biggest fight is the fight for resources. I am happy the President is in Northern Kenya for a few days. The reason that part of the country, especially Northern Kenya, has become the critical focus of topical discourse is because there is an agenda between population and area size.

There are people who feel that more resources should be taken to Vihiga as opposed to Mandera because of the population density. We also have people who believe that it does not make sense to do a road from Wajir passing through Mandera and Isiolo all the way to Nairobi, yet the traffic is not like the one experienced on Mau Summit- Rironi Road. The conversation surrounds population and development only.

Under Article 215, the role of the Commission on Revenue Allocation (CRA) has always been based on the population. The Fourth Basis for Revenue Sharing formula that we passed puts emphasis on population, land size and poverty index. That is why population is very important. It is the reason for anchoring the Kenya National Council for Population and Development (NCPD) Bill 2023 that was processed by the National Assembly is critical.

As the Senate Majority Leader put it, the population census was contested in court. According to the World Bank records, the population of Kenya is estimated to be between 50 to 56 million. The projection by the World Bank is that by 2050, Kenya will have a population of between 85 to 97 million. That indicates that 44 to 50 per cent of Kenyans will live in urban areas.

That is the foresight that President William Ruto had when he started doing affordable housing in major centres especially in our counties. However, many people are myopic in their thinking. According to the projection, almost a half of this country’s

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Wait, I have not given you the microphone. You have not caught the Speaker’s eye. I am sure you have noted that the new system does not have a button for intervention. The only way you can catch the eye of the Speaker is probably by raising up your hand or by shouting.

Sen. M. Kajwang’, I noted that you were not at ease when Sen. Cherarkey was contributing. What is your intervention?

Mr. Temporary Speaker, Sir, I have sat in this Chamber for 10 years, but we seem to be regressing as far as technology is concerned.

My point of order is this. As Sen. Cherarkey seconds this particular Bill, is he in order to celebrate Sen. Danson Mungatana for having upwards of six? I think even my Deputy Party Leader Sen. Osotsi, when we went for his celebration, he introduced his children and put a rider that; “those are the ones I know for now.”

Therefore, is he in order to celebrate people like Sen. Mungatana and Sen. Osotsi for having many children when Kenya’s population policy aims at reducing the fertility to 2.6 births by 2030 and increase contraceptive usage to 70 per cent? How can Sen. Cherarkey celebrate a population policy of that nature? That population policy should be shredded!

Sen. M. Kajwang’, please take your seat. Sen. Cherarkey’s celebration was to the extent of the number of children that Sen. Mungatana had on that particular day they met in the streets. He did not speak to the policy.

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You know my Chair has been in the storm this week and it is understandable.

Mr. Temporary Speaker, Sir, on a light note, you cannot disclose children of a Luhya man because they are never known. They are all over like the Abraham season. At least for Sen. Mungatana---

The Deputy Party Leader is my neighbour. When we went for his celebration, we saw quite a number.

Nigeria is doing well at 359 million. What I was referring to is the analysis by the Kenya National Bureau of Statistics (KNBS) . They established that in the northern part of Kenya, a family has an average of six children. That population density should go hand in hand with development. For example, if you take a square kilometre for Marsabit and that of Ruiru, the population density is totally different. Within a square kilometre, you can get a population of up to 12 households. That is my argument. There is also the issue of human capital development. I am happy that the World Bank has recognised that human capital development is important.

To inform my Chair of the County Public Accounts Committee (CPAC) , China is giving out incentives to encourage people to have more children, so that the population stops declining.

I met a French friend who told me that the more you give birth the more you get incentives. However, I would like to discourage the Government of Kenya to have people like Sen. Osotsi, Sen. Mungatana and Sen. Okiya Omtatah. If you give them incentives, they might get up to 100 children, which will strain our hard-earned resources in this country.

Finally, Mr. Temporary Speaker, Sir, since this is a straightforward matter--- Through the Chair, I do not know whether ‘Akuku Danger’ was a voter in Sen. M. Kajwang’s county. You should see the value of ‘Akuku Danger’ because he had more than 100 children.

The issue of poverty index goes hand in hand with population. The council is critical because they will assist the CRA in terms of projections and mid-term plans both by the national and the county governments.

During the Third Reading, we will amend Clause 8 to ensure that counties are part and parcel of this board because we want them to have a fair share and not the Council of Governors (CoG) .

Mr. Temporary Speaker, Sir, as lawyers, you and I know that the CoG is not anchored in law. It is basically a club of professional gossip members that need to transform. I think those are policy issues that we should sit down and discuss.

They should anchor the County Assemblies Forum (CAF) , the Society of Clerks- at-the-Table (SOCATT) , Association of Members of County Assemblies (AMCA) and also the Council of Governors (CoG) .

Mr. Temporary Speaker, Sir, with the ongoing debate of population and development, I want to inform the Senate Majority Leader that some governors are

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Sen. Cherarkey, on a number of occasions, the Speaker was tempted to remind you of the provisions of Standing Order No.120. As you submitted, you made several detours under the rule of relevance, however, you managed to bring yourself back on track. It is important, though, to be reminded of that particular Standing Order.

Hon. Senators, this Bill is now available for debate. From my request list, Sen. Mungatana is up next.

Thank you, Mr. Temporary Speaker, for giving me the opportunity to debate the Kenya National Council for Population and Development Bill, (National Assembly Bills No. 72 of 2023) . I rise to support that this Bill be read a Second Time.

When we say that through this Bill, we now want to anchor the gazetted institution - the Population Council - in law, some people think that it is just another thing we are doing.

I have a practical example. Many years ago, when we were under the Kibaki Administration, I personally pushed for the establishment of the Coconut Board. The

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Sen. Osotsi, you may proceed. Sen. Osotsi. Thank you, Mr. Temporary Speaker, for the opportunity to contribute to this Bill, the Kenyan National Council for Population and Development Bill (National Assembly Bills No.72 of 2023) .

I understand that this Bill is supposed to enact into law an existing body called the NCPD which is existing based on the state corporation, the NCPD Order, 2004. This means that this body has actually been in existence. However, this Bill aims at putting this as a statutory body in law.

I appreciate the need to do this, because population data is very important for this country. Population is central to our planning and development. Basically, every aspect of our development is based on population. For example, when we talk about sharing revenues in our counties, the formula that we passed a few months back, population was a very important variable in that formula. So, population helps us to determine how much each county should get.

Population is also key in the delimitation of our electoral areas in this country, and is provided for in the Constitution. Population is also key in our budgeting to determine how resources will be shared across the country. So, population is a very important variable in this country. However, as has been said by the Senate Majority Leader, the population data that we are relying on is incorrect, and this was confirmed via the court ruling that; the population census data that this country is relying on is inaccurate.

Mr. Temporary Speaker, Sir, you know that a lot of government resources were used to come up with that census, and the census is done every 10 years. It is quite surprising that a country can spend billions of monies to carry out a census only for the results of that census to be declared incorrect and invalid. I think someone should have been responsible for that mess. However, this being Kenya that we know, everything that is done in this country is never taken seriously and people go scot-free, even where mistakes and violations of the law are clearly evident.

I was reading through this Bill and I thought I was actually in those earlier ages of life, many hundreds or thousands of years ago. In the modern world of data and technology, we should not be struggling to know what our population is. You can imagine that this country takes 10 years to conduct a survey called a census, which does not give good results, and then 20 years later, they discover that they have been relying on wrong data for their population.

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Sen. Osotsi, unfortunately, your time is up and the Chair will not allow you to extend. You have made your point. Take your seat.

Sen. Wafula Wakoli, please proceed.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity, and Members for your contribution.

I would like to pick up from what my brother from Vihiga County has said. That, whenever we are discussing issues of revenue allocation, and all of us senators are up in arms that our population is rising, the pressure on the exchequer is rising, and many other parameters that we apply to distribute the resources, that is the time our good friends, the Council of Governors, will be nice, gentlemen and ladies, courteous, religious, African in nature, just because the coin is dangling and the coin must be delivered to them.

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Thank you, Sen. Wakoli. I have no other Member requesting to contribute to this Bill. In the absence of the Senate Leader of

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This is a Bill by Sen. Johnes Mwaruma, MP, who is also not in the House. Therefore, that Order is deferred. Let us proceed to the next Order.

Sen. Seki is not present in the Chamber. Therefore, that Bill is also deferred to the next Sitting. Next Order.

Equally, Sen. Kathuri is not present in the Chamber. The Order is, therefore, deferred to the next Sitting.

We call the next Order.

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The Senate Leader of the Majority, who is supposed to move this is not present. Therefore, the Bill is deferred.

Let us proceed to the next Order.

Sen. Karungo Thang’wa was here but has just moved out of the Chamber. In his absence, the Bill is deferred from today’s business. Next Order, please.

Sen. (Dr.) Lelegwe is absent. That Order is deferred.

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