March, 11, 2026 SENATE DEBATES 1

Wednesday, 11th March, 2026

Clerk, do we have quorum?

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

Order, hon. Senators, we have quorum now. Clerk, kindly call the first Order.

Hon. Senators, we have five questions that are due for response today. One is directed to the Cabinet Secretary for Mining and Blue Economy. The other one is directed to the Cabinet Secretary in charge of East African Community Affairs and Arid and Semi-Arid Lands (ASALs) . Three questions are directed to the Cabinet Secretary in charge of Education.

I am informed that the Cabinet Secretary in charge of East African Community Affairs is present. Therefore, we will start with Question No.017.

Clerk, kindly usher in the Cabinet Secretary in charge of East African Community Affairs.

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I thank you, Mr. Speaker, Sir. I will need your guidance on this Question and maybe even the concurrence of our members, because it is a matter that we raised when we were experiencing serious drought in the country. Now, the situation has completely changed from drought to floods.

I guess there are some regions in the country that are still experiencing drought, maybe Samburu, Wajir and other parts. So, we will put the question the way it is. The Cabinet Secretary will contextualise the response.

Hon. Cabinet Secretary, you may now respond. The Cabinet Secretary for East African Community, Arid and Semi-Arid Lands and Regional Development

: Thank you, hon. Speaker. I will respond to the concerns that were raised by Sen. Wambua, strictly on those five concerns although I also heard him speak about the floods.

The Executive Order that was there in 2025 redirected much of what would have fallen under current situation of floods to the Special Programmes, which is under the Ministry of Public Service and State Department of Special Programmes. I will concentrate basically on the five concerns.

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Hon. Cabinet Secretary, you have supplied the written response. All the Members have copies of your written response. If you can just summarise it so that we do not spend so much time on this.

The Cabinet Secretary for East African Community, Arid and Semi-Arid Lands and Regional Development

: Okay, let me now tackle the last question on the long-term climate adaptation strategies that the Government is implementing to enhance drought preparedness and resilience and the current planned investment climate smart agriculture initiatives.

The Ministry is implementing a range of long-term resilience-building initiatives aimed at reducing vulnerability to recurrent droughts. The following are the ongoing and planned drought resilience projects across the Ministry. Through the NDMA, the Ministry is implementing 35 projects across multiple ASAL counties designed to strengthen drought preparedness, enhance climate resilience and reduce the long-term humanitarian and fiscal costs associated with the current drought.

The investment includes, water infrastructure including dams, water pans, boreholes, pipe systems, irrigation, water supply, systems to support sustainable agricultural production, livestock interventions such as livestock breed improvement, camel restocking, integrated livelihood systems including value chains that incorporate processing facilities.

On regional authorities that also fall under my Ministry, the regional development agencies under the Ministry have undertaken the following climate adaptation initiatives-

The Government, through the Lake Basin Development Authority (LBDA) continues to strengthen drought preparedness and resilience through investment in climate, agriculture and water infrastructure, including the Kimira-Oluch Smallholder Farm Improvement Project in the current financial year. The authority has implemented 15 water projects across the Lake Basin region and rehabilitated 15 kms of irrigation canal in Kimira and improved water distribution for smallholder farmers. These initiatives enhance reliable irrigation, promote climate resilience farming practice and support increased agricultural productivity and food security in the face of climate variability.

Through the Coast Development Authority (CDA) , we have rehabilitated 95 hectares of mangrove agro-system, coral fields, coral reefs and seagrass ecosystems in the Kwale resulting to the improved biodiversity and enhanced adaptation to climate change through the Kenya Climate Change and Adaptation Programme (KCCAP) . In Garsen, Tana and Athi Rivers, the development authority is training farmers on climate-smart agriculture, providing certified seeds and supporting sustainable land management.

The Ewaso Ng’iro Tannery in Narok provides a crucial market for hides and skins from livestock that might otherwise perish or be wasted during the drought, allowing pastoralists to turn losses into income. The Kerio Valley Development (KVDA) Authority has been promoting drought-resistant crops such as sorghum, grafted mangoes

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Thank you, Hon. Cabinet Secretary. Sen. Enock, you may ask your supplementary question.

I see excitement from Sen. Mutinda and I do not know why. First things first and the leader of Government business in the House must listen to this.

When Cabinet Secretaries appear before the Senate, they must be properly guided that they are not appearing before a committee. They are appearing before the plenary. It is embarrassing to the Government for a Cabinet Secretary to go on record and reads a response addressed to a committee of the House and a chairperson of a committee. That shows lack of seriousness because from that point, you really wonder whether you want to engage or not.

Mr. Speaker, Sir, through you, the leader of Government business in the House, Sen. Cheruiyot, must have a session with these Cabinet Secretaries and tell them that they need to take the business of the House seriously.

Sen. Mwenda Gataya. Hon. Cabinet Secretary, take note of the questions.

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Madam Waziri, one would be interested to know the very specific measures you are implementing to ensure transparency and accountability in the allocation of drought response funds in other areas, including Tharaka, where I come from and how you track the flow of these funds to verify their effective use?

In a rejoinder---

You are only allowed one question.

It is one question, Mr. Speaker, Sir.

No. Sen. Maanzo, proceed.

Thank you, Mr. Speaker, Sir. Kitui and Makueni counties are described as stable, yet Kithuki-Kitise Ward, Kalawa Ward and Mavindini Ward, which border Kitui are very saline and in a very difficult situation. Why would you describe them as stable?

Sen. Mungatana.

Mr. Speaker, Sir, I thank the Cabinet Secretary because she has come to Tana River when we were having a very serious drought situation and we appreciate that. We have not forgotten when you came to help us.

Is there a national Government policy on how to treat low-lying counties such as Tana River, Garissa and Lamu during drought and flooding? I say this because every time we see rains up there in the mountain and Aberdare area, we know that in a few days, we will have flooding although we do not have rains. We would like to know if there is proper preparation or a policy of intervention for these low-lying counties because it is no longer an emergency; it is a cycle.

Sen. Olekina.

Thank you, Mr. Speaker, Sir. I appreciate the Cabinet Secretary. However, one question baffles me and I need clarity on it. The Cabinet Secretary’s responses to the long-term strategy to Narok County appears to be a post-mortem. She says the Ewaso Ng’iro tannery provides a market for hides and skins from livestock that might otherwise perish or be wasted during drought, allowing pastoralists to turn losses into income. That is not turning pastoralist losses into income. It is sentencing them to poverty. What is the long-term strategy that the Government is putting in place to deal with drought, not post-mortem response?

Sen. Mbugua.

Thank you, Mr. Speaker, Sir. Madam Cabinet Secretary, I would like you to tell this House what warning systems your Ministry has put in place and how effective they have been in mitigating this menace.

Sen. Onyonka Richard. Sen. Eddy Oketch.

Thank you, Mr. Speaker, Sir. In most of the responses by the Cabinet Secretary, I have seen interventions such as cash transfers, food items and other measures that address basic needs. However, I am concerned about Migori County, particularly school-going children. As I speak, in Kabuto and Angugo Primary School, children cannot attend school during this season.

From the Cabinet Secretary, I want to understand what intervention is being put in place for Migori County and counties similar to Migori, to ensure school-going children do not face delayed schooling in the midst of floods. What measures are you taking to

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Sen. Tabitha Mutinda.

Asante, Bw. Spika. Nampongeza Waziri kwa kufika na kuweka wazi ripoti yake. Swali langu ni kuhusu Shilingi bilioni moja na laki nane ulizoelezea Seneti kwamba ndizo zilizofikia wananchi. Ningependa kujua ni kiasi gani kiliweza kumfikia mwananchi na ni mikakati ipi muliyoweka kuhakikisha kwamba kiasi hicho kinafikia mwananchi.

Sen. Beatrice Akinyi.

Thank you, Hon. Speaker. To the Cabinet Secretary, you noted in your list, some isolated pockets of non ASAL counties. In particular, in Homa Bay County, you mentioned North Kabuoch Ward, which is in my constituency. I want to know what specific intervention you have for North Kabuoch Ward beyond the general interventions. I also expected that Homa Bay County, the Karachuonyo area and Suba North would be part of your list.

Sen. Cherarkey.

Thank you, Mr. Speaker, Sir. Through you, Cabinet Secretary, on 28th December, 2020, the Office of the Auditor-General did a performance audit on management of drought in Kenya through the NDMA. One of the recommendations was on the status of the National Drought and Emergency Fund Regulations and the implementation of early warning systems. Are those recommendations by the office of the Attorney-General being implemented? This is important because drought is a cyclical issue that affects 3.3 million Kenyans. Are those recommendations being implemented by the Ministry?

Sen. Abass.

Thank you, Hon. Speaker. I want to ask Waziri about drought, which is a cyclic phenomenon that occurs almost every two years. What other plans does the Ministry have? We have many pans and small dams that dry within two or three months. What plans exist for water harvesting, especially given the large runoff from rivers such as the Tana and Ewaso Nyiro that drain into the arid lands? What major water harvesting strategy does the Ministry have? Other countries like Egypt use the River Nile and have never gone hungry. We need a bigger plan.

Sen. Methu.

Thank you, Mr. Speaker, Sir. It is my first time to meet the Cabinet Secretary. In the responses to drought that the Ministry has prioritised, one of them is cash transfer and food support.

My question is on the strategy used for zoning. Some counties are regarded as food secure, for example, Nyandarua, yet some parts of that county experience severe drought. The upper parts of Nyandarua, such as Ndaragua, experience severe drought. I want to know the strategy used for zoning to identify specific areas that are suffering from severe drought.

Sen. Seki.

Thank you, Hon. Speaker. I want to ask the Cabinet Secretary about drought, particularly in areas of Loitoktok in Kajiado South Sub-County. There is a project under your Ministry, through the Ewaso Ng’iro South Development Authority

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Sen. Munyi Mundigi.

Asante, Bw. Spika. Kulingana na takwimu inaonekana Mbeere, Kaunti ya Embu, kuna watu elfu 14,800 wanaoathirika na janga la njaa. Ni mbinu gani alitumia kupata watu hawa kwani idadi hiyo ni ndogo sana? Kaunti ya Embu ina sub-county nne lakini hata maeneo yaliyo na chakula cha kutosha bado kuna maeneo mengine kame. Kwa hiyo, kama Seneta wa Kaunti ya Embu, napinga takwimu hii.

Sen. Kisang.

Thank you,

Soy North, Soy South, Lower Tambach, Lower Emsoo, Arror, Lower Sambirir and Endo Ward. The Cabinet Secretary has been there several times and knows the challenges we face.

Sen. Nderitu.

Thank you, Mr. Speaker, Sir. As we know, the smallest administrative unit in this country is the sub-location. So, for this classification to be brought to county level, it does not capture well what is happening in our counties. For instance, in Laikipia North, we have drought and many people hardly have any food. Therefore, this classification is misleading the Republic of Kenya. We need the smallest administrative unit in this republic, which is sub-location, because it would capture what is happening in the country very well.

Thank you, Mr. Speaker, Sir.

Sen. Hezena, please proceed.

Thank you, Mr. Speaker, Sir. I would like to thank the Cabinet Secretary and her Ministry for the cash transfers to Samburu County, despite our very marginalised condition compared to Kitui County. We appreciate it. However, I would like to know if there are contingent measures to ensure long-term sustainable solutions, for example, provision of water as an alternative means for livelihood, for pastoralists to venture into agriculture.

Thank you.

Sen. Kathuri, please proceed.

Mr. Speaker, Sir, I am trying to get that report through this machine, but I am getting some challenges.

Hon. Cabinet Secretary, you may now proceed to respond.

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Hon. CS, so that we make progress, just capture a Senator and their Question and respond. That way we will move and flow with ease. Do not be so general.

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Mr. Speaker, Sir, mine was not answered.

Which one?

I asked but I think the Cabinet Secretary did not capture my question. I wanted to know the strategy they use to zone drought-prone areas. I gave an example of Nyandarua North. There are two wards there that suffer from severe drought.

The Cabinet Secretary for East African Community, Arid and Semi-Arid Lands and Regional Development

: Thank you, Senator for asking about the strategy used for zoning especially around Nyandarua North. The classification process is done by Kenya Agricultural and Livestock Research Organization

(KALRO)

and the data that we consume basically comes from them.

Are you done, Hon. Cabinet Secretary? The Cabinet Secretary for East African Community, Arid and Semi-Arid Lands and Regional Development

: Yes, I have answered the question the Senator had asked.

Thank you. Hon. Senators, I hope those responses have been helpful to you. Certainly, they have not been helpful to me but again these are you questions.

We have spent one hour on these questions.

Yes, Sen. Enock Wambua.

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Mr. Speaker, Sir, it is not my business to read the mood of the House because that is your work but clearly these questions have not been properly responded to.

Mr. Speaker, Sir, is it possible for you to direct that the Cabinet Secretary goes and prepares herself properly before she comes and responds to these questions? They are important questions because the issue recurs. It happened this year and it will happen next year. We need to have a proper conversation based on real data from the Ministry.

I thank you.

Yes, Sen. Cherarkey.

Mr. Speaker, Sir, I think the answers by the Cabinet Secretary are totally unsatisfactory. I asked a question about whether the 2017 Regulations on NDEF have been enacted. The answer should have been yes or no or it is still in progress.

Mr. Speaker, Sir, as per Standing Order No.1, could you direct that the Cabinet Secretary provides this House with comprehensive answers because drought is a serious matter? It is not an emergency because it happens every year. Could the Cabinet Secretary go back and bring substantive and serious answers to the House?

Yes, Sen. Kathuri.

Mr. Speaker, Sir, I agree with my colleagues that the data provided in these responses does not meet the threshold of drought-prone areas in this country. Looking at the drought phase classification, the Cabinet Secretary has said that Meru County still remains in the normal phase. Others are Makueni, Nyeri and Embu.

Please note that Meru County is 65 per cent ASAL. When you have that percentage, it means that when there is drought, the same proportion of that county is affected. Therefore, I am not comfortable because there are benefits that come with this data. That means resources follow this data.

Mr. Speaker, Sir, I am happy that a lady Cabinet Secretary from Turkana found herself in the Cabinet. With that honour that Turkana County was given, let the Cabinet Secretary come back with clear data on drought. Nimempongeza because Turkana County having a woman in the Cabinet is a big plus.

Thank you. Hon. Cabinet Secretary, listening to the concerns raised by Hon. Senators, clearly your responses to their questions remain unsatisfactory. Therefore, the Senate will

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Thank you, Hon. Cabinet Secretary. You are now free to leave.

Now, we move to Question No. 010, directed to the Cabinet Secretary for Mining, Blue Economy and Maritime Affairs.

That question is deferred. Question No.010

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Cabinet Secretary, welcome to this session of the Senate. However, before we start giving responses, let me make the following communication.

Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this morning, of a visiting delegation from Mama Ngina University College in Gatundu, Kiambu County. The delegation comprises 10 students and one staff who are visiting the Senate for an academic exposition.

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

Thank you. As per our tradition, maybe the Majority Leader or the---

Thank you, Mr. Deputy Speaker, Sir. I take this opportunity to join you and on behalf of my colleagues, welcome the students from Mama Ngina University College in Gatundu to the Senate of the Republic of Kenya. They have made the right choice to visit the “Upper” House, especially at a time when, the Cabinet Secretary in charge of education is appearing before the Senate to respond to issues on education. It will be an interesting time for them to interact with the Session and learn as much as they can.

With those remarks, I welcome them.

Very well. Cabinet Secretary, we have three questions; one from Sen. Wambua, Question No.006 and two from Senior Counsel (SC) , Sen. (Prof.) Tom Ojienda, Questions No.007 and No.008.

Let us start with the question from the Senator for Nairobi City County, Sen. Edwin Sifuna. That question will be asked by his colleague, Sen. Wambua from Kitui County.

Proceed.

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I thank you once again, Mr. Deputy Speaker, Sir. I am asking this question on behalf of my colleague, Sen. Edwin Sifuna. I guess it is now the right time to say that for this purpose, mimi ndiye Sifuna.

Why are Junior Secondary Schools (JSS) not autonomous and distinct from primary schools, despite JSS boards of management operating separate accounts for JSS functions?

Why are heads of primary schools, who are neither trained nor legally mandated to supervise graduate JSS teachers, being tasked with managing JSS alongside their primary school duties, despite concerns over management conflicts and calls for administrative independence?

Could the Cabinet Secretary also explain the Career Progression Guidelines (CPGs) applicable to all teachers, including those serving in the Junior Secondary Schools?

I thank you, Mr. Deputy Speaker, Sir.

Hon. Cabinet Secretary, proceed and give the response.

The Cabinet Secretary for Education

: Thank you, Mr. Deputy Speaker, Sir, and Members for the invitation to respond to these questions.

I beg to respond to the three aspects of that question as follows; The matter of the domicile of junior schools was considered by the Presidential Working Party on education reform. The Presidential Working Party engaged various stakeholders and sought their submissions. The stakeholders engaged included teachers' unions, such as the Kenya Union of Post-Primary Education Teachers (KUPPET) , the Kenya National Union of Teachers (KNUT) , the Kenya Union of Special Needs Education (KUSNE) , and members of the public in general.

Mr. Deputy Speaker, Sir, 93 per cent of the submissions received by the Working Party recommended that junior schools be hosted in existing primary schools. Only 5 per cent of the submissions recommended the hosting of junior schools in existing secondary schools while 2 per cent suggested new schools for junior school.

The working party analysed the merits of hosting junior school in existing primary schools as opposed to secondary schools or having them as autonomous institutions. It was noted that junior school learners would experience psychosocial challenges in settling down and integrating with secondary school learners who are relatively older.

Cost considerations were also a justification since standard 7 or grade 7 and standard 8 classrooms would be unoccupied. Thus, it was considered most cost effective that constructing new classrooms would not be a prudent way of spending Government money. The Government sought to maximise the use of available classrooms and facilities in primary schools instead of building entirely new secondary school complexes across the country. Resources would only then be needed to construct specific additional spaces such as laboratories in existing primary schools.

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Sen. Wambua, since wewe ndiye Sifuna, do you have any supplementary questions?

Mr. Deputy Speaker, Sir, we will ignore the remarks being made from across the aisle and I will proceed to do as directed by the chair. Yes, I have two supplementary questions. One is on the issue of the retooling of the heads of institutions, being called comprehensive primary schools.

Mr. Deputy Speaker, Sir, the truth of the matter is that the head teachers in these primary schools are being called upon to carry out governance and administrative duties of three segments of very important levels of education. We have Early Childhood Development Education (ECDE) teachers or classrooms in those primary schools. We have primary schools and JSS in the same institutions, being headed by a single teacher who initially had been recruited as a primary school head teacher. What kind of retooling would equip that officer to discharge the mandate of those three levels effectively? Would retooling be the right thing to do or real serious training through a curriculum developed by maybe the relevant authority?

The second question is also about the JSS. Just recently, there was a ruling by the court on the matter of the absorption of intern JSS teachers in our institutions of learning. The court was unequivocal that the recruitment of those teachers who are trained, have TSC numbers and are being absorbed as interns was illegal and discriminatory. What is the Ministry doing to ensure that those JSS teachers are absorbed on a permanent and pensionable basis?

Thank you.

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Hon. Cabinet Secretary, you could first answer those two supplementary questions.

The Cabinet Secretary for Education

: Thank you, Mr. Deputy Speaker, Sir.

The retooling that is being undertaken by the head teachers of these institutions is a curriculum that has been developed by the Kenya Education Management Institute (KEMI) , which is of a diploma level and which these heads of institutions are undertaking to offer effective governance in these particular institutions. It is continuously being done to improve their capacity so that they can able to manage the institutions accordingly.

On the second issue, the Court of Appeal has, indeed, determined that the policy on internship for teachers is null and void. This ruling was rendered recently. As we speak, the TSC and the Ministry are studying this ruling and are in the process of coming up with the steps that need to be undertaken to ensure that we abide by that court ruling. There might be some financial and budgetary implication on obeying it and once we determine the extent of the legal and financial implication, we will then move as required to ensure that we obey that court ruling.

Thank you.

This House would like to know the exact numbers that are in the internship programme, the exact figure.

The Cabinet Secretary for Education

: Yes, the exact number of the interns that are affected by this ruling are 44,000.

Now let us get a round of supplementary questions. We start with Sen. Wakili Sigei.

Thank you, Mr. Deputy Speaker, Sir. Partly the question that has just been answered by the Cabinet Secretary was the one I needed to ask. I am happy that he has given us the statistics in terms of the number of the internship teachers who will be affected by the decision of the Court of Appeal.

Hon. Cabinet Secretary, with regard to the career progression guidelines, you have run us through the policy direction the Commission has taken, because when you were explaining the effects of retooling under the domiciled JSS teachers in a primary school, the career progression guidelines - I participated in crafting them in 2015-2018, CBA. How is it applicable? I recall that there was a problem with regard to the cost implication and now in the change in the model of the career path that our teachers vis-à- vis of course the education from 8-4-4 to where we have transitioned to, how is it then that we are still applying?

In your response, you indicated that the Commission and the Ministry are seeking to rework on the policy. Before that CBA was signed, Salaries and Remuneration Commission (SRC) and the Ministry was applying the policy guidelines of 2018, I believe 2018/2020, if I am not wrong. In your explanation you did not highlight that, that is the one that is still applicable or we have since fully transitioned to a new Career Progression Guidelines (CPGs) on the career progression of the teachers. I would be glad to hear from you on that aspect.

Thank you.

Let me get two more then you can answer.

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Thank you, Mr. Deputy Speaker, Sir. Now that the Cabinet Secretary is a lawyer and he has agreed totally with the guidance of the Court of Appeal, that is why they have not given notice of appeal, does he agree with me that the JSS curriculum is unconstitutional in the sense that it has caused discrimination in the country in terms of the facilities needed to take a child through school, things like computers, availability of electricity and the extracurricular activities where many children in the rural schools are totally unable to match with the ones in the developed areas of the city schools? Does that, indeed, then mean that the Ministry must do something with this unconstitutional situation?

I thank you, Mr. Deputy Speaker, Sir.

I hope you are noting the questions. Sen. Cherarkey.

Thank you, Mr. Deputy Speaker, Sir. Although you have been asked the question, let me re-emphasise. In addition, the Cabinet Secretary has said that there are 44,000 teachers on internship. He should disclose the financial and budgetary implication because he cannot tell us he wants to comply with the court ruling without telling whether they have requested for a supplementary budget in the National Assembly to cater this internship and how the transition from internship to permanent and pensionable. This is because we know some interns might be politically correct to be transited while discriminating others.

On this issue of career progression, have they been retooling interns or teachers on permanent and pensionable? Mr. Deputy Speaker, Sir, with your indulgence, what is the status? This is because I have seen teachers complaining about provision of medical cover, especially under Social Health Authority (SHA) .

Sen. Cherarkey, you have only one supplementary question.

Mr. Deputy Speaker, Sir, just with your indulgence under Standing Order No.1 because teachers have been calling me ---

You have asked five questions in one ---

No, Mr. Deputy Speaker, Sir, I beg to ask, with your indulgence under Standing Order No.1. Many teachers have been calling me to find out what is the status of the medical cover to teachers, especially under SHA. The Cabinet Secretary can comment on it.

I thank you, Mr. Deputy Speaker, Sir, for the indulgence.

The Honourable Cabinet Secretary can answer those three supplementary questions, then we can get another round.

The Cabinet Secretary for Education

: Thank you, Mr. Deputy Speaker, Sir. The Career Progression Guidelines are the ones that were developed in 2018 and under the CBA of 2017-2021, they were incorporated. As I indicated, the career progression for junior school teachers is that of the secondary school teachers. So, they are taken as secondary school teachers, although they are domiciled in primary schools because of their qualifications, skills and competencies.

On the question of the CBC being unconstitutional, it is not. Ninety percent of the schools already have sufficient facilities. In fact, as we speak to date, the Ministry is

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Let us get another round.

Thank you, honourable Speaker. Cabinet Secretary, on the computation which you mentioned earlier, it is a new year and schools are uploading details of learners into National Education Management Information System (NEMIS) which has been changed to Kenya Education Management Information System (KEMIS) , which in itself is not accessible. Will this not make other learners miss out on computation? I say this because Grade 7 have just been admitted into junior secondary schools and their details cannot be entered into KEMIS, the new system.

I can see Sen. Betty Montet but I want you to first listen to Members because you Chair the Committee on Education, then you can come later.

Proceed, Sen. Joe Nyutu.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity. I rise because I feel that the Cabinet Secretary has not responded adequately on question “B”. The question was about administrative independence of JSS. The answer that we have received here is that the former primary school head teachers are being retooled but there is a reason why - I do not know whether it is still there - we had a Bachelor of Education, primary option.

It is important for the Cabinet Secretary to clarify exactly what the Ministry is doing to see to it that there is no conflict because a teacher who is trained to teach in a secondary school has a very different type of training from a teacher trained to handle primary school learners.

When you are managing an institution, you are also managing teachers. The issue of independence of JSSs would be very important so that the head of a junior school is also trained as a secondary school teacher to be able to assess the workings of these teachers and the management in general. Exactly what, apart from retooling, is the Ministry doing to see to it that there is that independence of junior school from primary school?

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A teacher by training and practice.

And an educator.

Thank you, Mr. Deputy Speaker, Sir. First of all, I appreciate the effort that the Cabinet Secretary has made in trying to clarify the three items. One being that it is true, as we have been saying that there has been an issue with SHA when it comes to matters teachers. Secondly, the JSS issue, as we are aware has been a very, passionate issue, an injustice and a matter that we have been talking.

I am happy that finally the Government has agreed to look into the ruling which came from the courts. I wish the Government had sorted out this issue without us going to courts. I have heard the Cabinet Secretary say that the intervention intends to bring forth includes the possibility of having a supplementary budget. Indeed, as right now we are sitting and discussing on the Budget Policy Statement (BPS) .

I see some of my colleagues in the committee on Finance and Budget. Let us make sure that money is allocated because we know the ruling has been made and we are aware that the teachers are suffering. You can only receive a product depending on what the input is. If the input is lackluster; if the teachers feel that they are being violated, we will not receive the best. I thank the Cabinet Secretary for insisting on this. Please let us make sure that this matter of the JSS teachers is sorted out as soon as possible.

Finally, Mr. Deputy Speaker, Sir, on the same tangent, I plead with you to allow me to ask the Cabinet Secretary.

Cabinet Secretary, I believe in the institutions that we have been talking about. Could we please have your Ministry conduct a Human Resource audit on the total number of teachers that are employed in the Republic of Kenya; both in private, public schools and institutions including the current teachers under JSS so that as the House we are able to now talk when we know what the exact data is.

Hon. Senators, you know a supplementary question is not a debate or a congratulatory message. It should be a supplementary question because you have two more questions. I can see time is not on our side and these questions are almost related. Let us give the next two questions then the Cabinet Secretary can answer them because they are almost related to JSS.

Sen. Mungatana, MGH: Thank you, Mr. Deputy Speaker, Sir. I wanted to congratulate the Cabinet Secretary because I have seen him use the national broadcaster to explain a lot of the issues that are bothering Kenyans. I think he should keep it up together with the visits that he makes to various counties.

My question is; how does he balance his visits to various counties? I have never seen him in Tana River County. Secondly, there is Hola Boys Secondary School, the only

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Thank you, Mr. Deputy Speaker, Sir. I agree with the Senator of Tana River that, indeed, the Cabinet Secretary has quite forgotten some parts of this country. I have never seen him in Samburu, yet there is a lot of disparity happening in the education sector as far as public schools are concerned.

I would like to know the measures the Cabinet Secretary has put in place to ensure that the systemic inequality in public schools and as far as education is concerned at large in the marginalised areas of Kenya such as Samburu County are addressed?

Cabinet Secretary, you can answer now all those interventions.

Cabinet Secretary of Education

: Thank you, Mr. Deputy Speaker, Sir. On the question of capitation and institutions uploading, we have for the first time were able to release capitation this time before the schools opened. We have had the new system called Kenya Education Management Information System

(KEMIS)

coming into play and we are training all our head teachers on how to utilise that system so that they do not have the similar problems they had with National Education Management Information System

(NEMIS)

.

We are training their teachers and we are training three champion teachers in each institution so that we have enough capacity of all our teachers to input the data of the students on time for us to be able to release capitation to the schools on time.

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An.

What are the timelines? The Cabinet Secretary for Education (Hon. Julius Migos Ogamba): As I said, it is going through the process and I will bring it here. When we have a problem in this particular Ministry, we face it, where we need support, we come, get the support and resolve it. This is because we all want an education system that works.

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Thank you, Mr. Deputy Speaker, Sir. Allow me to first thank the Cabinet Secretary for the responses he brought to the House and also the satisfactory responses on the supplementary questions that have been asked by hon. Senators.

Could the Cabinet Secretary confirm to this House whether it is true that national schools were allowed to admit double streams or more in Grade 10 because of the space created by the one-year gap before grade 10’s were admitted and for this matter, other schools have no students and the Ministry is looking at closing them? Also, how will the Ministry treat this situation next year in 2027?

I submit.

Thank you, Mr. Deputy Speaker, Sir. I want to ask whether the Ministry keeps the standard on ECDE teachers and who does the inspection? This is because if you go to the counties, most of ECDE teachers are demoralised as far as salaries are concerned. These are the teachers who build the foundation of our children at that younger level. Therefore, if they are demoralised, they are not be able to assist the children.

I believe even if the work is left to the county governments, the standard should be left with the Ministry. I am sure most of the counties might not have the qualification as far as the standard is concerned. However, I want to know who does the inspection of what is happening in the counties as far as ECDE is concerned. If I may give an example of Isiolo, you can imagine some of those children are actually learning under trees. If a child is learning under a tree, at the end of the day, you do not expect much from them.

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Prof. Margaret Kamar, Senator, please proceed.

Thank you, Mr. Deputy Speaker, Sir and Waziri, for the responses. I just wanted to ask a question on the actual teaching of the Grade 10s because this is a pioneer class. What is the situation as far as the technical courses are concerned? What timelines do we have for appointing technical teachers in these schools? When do we expect to have them fully taught the courses that are in their curriculum?

CS, proceed. The Cabinet Secretary for Education

: Thank you, Mr. Deputy Speaker, Sir. I can confirm that a number of C1 and C2 schools, in fact, all the schools admitted more students than the placement that they had indicated because they did not have Form two’s in place.

As a matter of fact, we had 2.4 million vacancies available, but we only had 1.13 million Grade 9 students. So, it was possible that most of the schools admitted slightly more students than what they are normally used to. This is because the policy in admission and placement is that the students select the schools that they want to go to.

This brought about the fact that a good number of schools did not get any Grade 10 students. To be exact, 330 secondary schools did not get Grade 10 students and 2,400 schools got less than 20 students. We have just received the exit report and we want to form a technical team to discuss how we will handle these schools if this is a trend that is likely to continue. That will inform other policy changes with respect to the schools that are admitting more students or the schools that many people want to be enrolled in.

This is a conversation that is in progress and will probably involve all of us, including Members of Parliament, the public and all education stakeholders. Eventually, this will ensure that we have the right number of schools to support our students. In 2005, I think we had only 2,500 secondary schools. When the free primary education came about, it exploded to the current 9,540.

Now, with 330 not having students, because they are form three and form four, and the 2,400 that have less than 20, it means we have 7,000 or so schools that are now being sought after. What we are likely to see is a situation where the system recalibrates itself, so that we have the right numbers for the number of students that we have in the country.

With respect to the ECDE, the counties have quality assurance officers who inspect those schools, although the standards and policies are from the Ministry of Education. I think this month there is a meeting of stakeholders between counties, the Ministry and the TSC to work on this issue of ECDE, so that we can align and harmonise, because those are the students that we receive to primary school. The foundation has to be right.

We have agreed to have a meeting with the county officers through the Council of Governors (CoG) , so that we work out a structure and harmonise how we handle ECDE. We should ensure there is no discrimination or there are no standards that are applied differently to the teachers that are in our schools or the teachers that are in ECDEs and the counties.

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Yes, Sen. (Prof.) Kamar.

Sorry, Mr. Deputy Speaker. I was waiting for the second part of the question from the Cabinet Secretary on what happens next year. This is because if these big schools decided because of space to take the students, what happens next year? If they offload them, where will those children go? If we start thinking about the school that does not have children, because it is not that the children do not exist, but by allowing the big schools to use their space, we will have created empty classrooms in almost all day schools. I want the Cabinet Secretary to tell us what is going to happen next year.

Next year these schools will be full anyway, so they will not be interested in additional students. If we allow that kind of yo-yo policy, it will kill the system.

Just one minute kindly, then we move on to the next question. Also, you are doing your second supplementary on the same question.

Mr. Deputy Speaker, this is a very important matter. Thank you for being gracious to Prof. Kamar and the others, and allowing us to seek clarification on this matter. What is happening is that most schools are basically dying. We are faced with a situation of the big schools operating. I do not want to accuse the Cabinet Secretary of telling falsehoods, but it is not very true that these big schools have that capacity. I am glad the chairperson raised the issue.

Mr. Deputy Speaker, Sir, in some of the schools, students are sleeping in dining halls. This is a matter that needs clarity because we either close all the schools that have a small number of students and decide that in this country we just want to operate big schools or have the big schools operating within their capacity, and allow small schools to also admit students. We just have to make a decision. The other day, I heard the Cabinet Secretary saying that he is considering merging some small schools. It is important that we get that clarification. Thank you for indulging me because this is an important matter of national interest.

Cabinet Secretary, make clear those clarifications.

The Cabinet Secretary for Education

: Yes, thank you, Mr. Deputy Speaker, Sir. As I said, we have just received the exit reports, so we have not made a decision on what we will do with those schools, and what policy we will come up with. We want to make policy decisions that are based on data and evidence. We do not want to say, for example, because we want to support small schools that they should be allowed to remain. We also do not want to say that because we want to support

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Let us now go to the next question by Sen. (Prof.) Tom Ojienda. I am told Sen. Beatrice Ogola will ask on his behalf.

Before you do that, let me make this communication.

Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this morning, of visiting teachers and students from Vyulya Girls Secondary School in Mwala Constituency, Machakos County. The delegation comprises two teachers and 49 students who are visiting the Senate for an academic exposition.

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

Under one minute, we can have one of the Senators welcome them to the Senate. Sen. Tabitha Mutinda, I can see you have a lot of interest in this school.

Thank you, Mr. Deputy Speaker, Sir. Yes, I have some interest. You know, when you mentioned Vyulya Girls. That is where my elder sister studied and I used to go and visit her. I got keen, saw the uniform and that is the same uniform my big sister used to wear.

I take this opportunity to welcome Vyulya Girls from Machakos County to the Senate. Also, on behalf of your Senator, Sen. Agnes Kavindu, who is on other engagements and on behalf of the Senate, I encourage you, beautiful young girls, that education is the only weapon that no one can take away from you. Enjoy your studies and follow the rules and regulations. As you can see here, we also have a Speaker and we have to adhere to what he communicates.

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Very well. Sen. Beatrice Ogola.

Thank you, Mr. Deputy Speaker, Sir. As I rise to ask the question on behalf of Senator (Prof.) Tom Ojienda, Senior Counsel and MP, the Senator of Kisumu County, I also want to comment on the proposal that had been alleged to be made about merging of schools by the Cabinet Secretary. That must be considered widely against access to basic education and the fact that we have emerging issues, especially the violation of girls as they walk to schools.

Sen. Beatrice, I want to give you advice. Next time, you get to the question.

Question No.007

Mr. Deputy Speaker, Sir, you know I always do that. I beg to ask the following question-

Hon. Cabinet Secretary, proceed. The Cabinet Secretary for Education

: Thank you, Mr. Deputy Speaker, Sir. I beg to reply as follows to the four aspects of the question.

At the onset, I wish to confirm that the Ministry is not aware of any cases of misreporting or manipulation of the 2025 Kenya Junior Secondary School Education Assessment (KJSEA) results. The results, as released by the Kenya National Examinations Council (KNEC) , were accurate and have been used to place the learners to Grade 10 with a 99 per cent transition rate.

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Hon. Cabinet Secretary, thank you for your response to Question No.007, which was asked by Sen. Beatrice on behalf of Sen. (Prof.) Tom Ojienda. I will allow Sen. Beatrice to ask any supplementary question.

Thank you, Mr. Temporary Speaker, Sir. Hon. Cabinet Secretary, we appreciate the effort you continue to make. However, most teachers still carry out assessment like the 8-4-4 system. The JSS teachers still need serious retooling to cope with CBE.

My supplementary question to the Hon. Cabinet Secretary is this: there were learning areas in JSS that were not taught because there were no instructors for certain subjects over a period of time. What measures is the Ministry putting in place to address this challenge during the transition to senior school?

Hon. Cabinet Secretary, I ask you to take note of the questions. I have only two requests here. I believe Sen. Nyutu and Sen. Onyonka have supplementary questions to the Cabinet Secretary. I will take all of them, so that you respond once to all the supplementary questions.

Sen. Nyutu, proceed.

Thank you, Mr. Temporary Speaker, Sir. The reason CBE was conceived was to identify the competencies of learners. It was meant to give us an education system that departs from assessing learners only through examinations. I have followed the response by the Hon. Cabinet Secretary and have not seen any explanation on how we onboard the parent or caregiver in identifying the competency of a child. He has spoken about symposiums, but do we have symposiums for parents? Are we sensitising parents more? Are we involving them in identifying the competencies? If we place a learner in a pathway where they do not have competency in, we shall lose that learner.

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Thank you, Sen. Joe. Lastly, Sen. Onyonka, the Floor is yours.

Thank you Mr. Temporary Speaker, Sir. With regard to the KJSEA, there is a supplementary question that I had asked on the question of the Human Resources audit of the number of teachers that we have in the republic. You say the process is taking place right now and I was going to ask whether you had prepared yourself to make sure that we cascade it down to all the county governments and all the wards. You understand that what I am looking at is inclusivity. Is there a possibility that we can have a record to know which areas have more teachers that they do not need and those areas that have less, so that we can begin to balance out the numbers?

Hon. CS, check the three questions.

The Cabinet Secretary for Education

: Mr. Temporary Speaker, Sir, this is just to confirm that the KNEC has free online training programmes for all the teachers. The curriculum design for Competency-Based Education

(CBE)

was done in 2018 and in that curriculum design the teachers were given the document that has a curriculum, the assessments and what they are supposed to do in each subject. So, the subjects that were in junior school were actually taught and assessed. There were no subjects that were not taught and there were no subjects that were not assessed if they were taught. There were no subjects that were left out. In fact, after the presidential working party, there was harmonisation of the subjects from 14 to nine to ensure that there is no overload of our learners.

Parents are involved in this particular exercise of the CBE. It is not just examinations because there is a 20 per cent mark class-based assessment that you get when you are doing your projects. Some include the participation of parents. There are parents who are saying this exercise is too expensive because they are being told to do work with their children.

That is the involvement of the parents in order for them to participate in the children's activities. Parents are invited to the stakeholder engagements that we normally have. Parents associations come on board and we have discussions with them. We take into account whatever they raise, make the necessary adjustments and give them the support that they require.

The schools are also required to engage with the parents as they progress with the children. In fact, the design of CBE is such that there are two reports that are given to each school. One is a school report that would say the subjects that you are dealing with require this kind of adjustment and also individual students’ reports to indicate where the strengths or weaknesses are and what adjustments need to be done.

In order for a child to be placed in a particular pathway it is a continuous process from Grade 1 all the way to Grade 9, and that building will have indicated where the

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Sen. Nyutu, what is it that you want to say? The Hon. CS has responded.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. The matter that we are discussing in this particular session is of great national importance. The Cabinet Secretary has responded to my question and said that the matter of identifying a child's potential, strengths and weaknesses is a continuous matter right from Grade 1 to Grade 9. If it is a continuous matter, are we able to say in which particular pathway we will place a student even before the summative assessment at Grade 9? If you have been doing it properly, then we should be able to place a learner even without having any regard to the summative assessment.

Thank you, Mr. Temporary Speaker, Sir.

Hon. Cabinet Secretary, is that something that you can comment on? I know you had run us through the process of identification of a child's pathway from Grade 1 to Grade 9, but just in a quick response to what Sen. Joe Nyutu is seeking your clarification on, if you may say something.

The Cabinet Secretary for Education

: Yes, thank you for that Mr. Temporary Speaker, Sir.

Yes, you would get an indication of where the child's pathway or interest is. However, there are children sometimes who cut across and have shown competencies across the board. So, the weight that I indicated about, that is between zero and 75 that has been building, is what actually tilts the balance and the child chooses where to go. However, as a school and as a parent, with the continuous assessment that is taking place, you would see where the child is likely to go to. CBE is designed in a way that there is not going to be a child who does not excel in something.

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Thank you Hon. Cabinet Secretary.

Hon. Members, I take note of the time. We still have one last question. Sen. (Prof.) Tom Ojienda, now that you are present in the Chamber, I invite you to ask Question No.008.

Thank you Mr. Temporary Speaker, Sir.

Question No:008

Thank you Professor. Hon. Cabinet Secretary, it is your turn to respond to the questions.

The Cabinet Secretary for Education

: Mr. Temporary Speaker, Sir, I beg to reply to the four aspects of the Question as follows-

The Government is committed to promoting extracurricular and talent development programmes as an integral pillar of holistic education and learner

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Thank you, Hon. Cabinet Secretary for that particular response.

Sen. (Prof.) Tom Ojienda, you have an opportunity to ask two supplementary questions. If you must, they should be related to the primary question.

Yes, thank you, Mr. Temporary Speaker, Sir. I have no doubt that Cabinet Secretary Ogamba is one of the best performing Cabinet Secretaries. Since his tenure, we have seen a lot of improvement in the educational sector.

I have two interconnected questions; Cabinet Secretary Ogamba, when are you releasing the capitation that was promised to Nyakach Girls High School? You can just tell us the timelines; I have no problem with that.

Secondly, what is the capitation due to Kisumu Boys High School? I do not know whether you are able to indicate precisely when this will be released.

Thank you, Cabinet Secretary. The Temporary Speaker

: Thank you, Hon. Cabinet Secretary. If it is in order, I have quite a number of requests here. Take note of the

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Thank you, Hon. Cabinet Secretary. If it is in order, I have quite a number of requests here. Take note of the

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Thank you, Mr. Temporary Speaker, Sir. Cabinet Secretary, so far, you are doing so well. However, talents are not well nurtured due to the limited resources given to schools. For example, it is given Kshs100 per student and yet, it is the same 100 that the schools use to support the county and sub-county offices in the co-curriculum activities. It then means that the schools remain with nothing to use to nurture activities in their schools and zones. As a Ministry, what do you intend to do to get the schools out of this quagmire?

Sen. Mungatana Dunson, proceed.

Thank you, Mr. Temporary Speaker, Sir. The Cabinet Secretary should tell the nation the official policy on resourcing of extracurricular activities. I am asking because every time we have school drama festivals, athletics or football competitions in Tana River County, we, without fail, get requests for fundraising for things such as fuel. What is the official policy on this? Is there resourcing for it and if not, what is the way forward?

I thank you.

Sen. Onyonka Richard, proceed.

Thank you, Mr. Temporary Speaker, Sir. I would like, first of all, to laugh at myself because initially, I thought that if I was to say how my brother, the Cabinet Secretary for Education has actually meticulously answered these questions, he has done well, somebody might wonder whether I am biased because I come from the same County as him. I believe and I am proud of the excellence of the Cabinet Secretary. Sir, I think you have done quite well.

The only thing that I would like to make a follow-up on is the issue of the capitation. Cabinet Secretary, we are constantly receiving information in the background of how some schools receive their capitation and others do not. Again, my genuine and honest concern has always been that I think it is because of the system that you are using either, the financial platform or how this money is released. Of course, I also sit in the Budget and Finance Committee and so, I am aware that funds are always late in release from the Exchequer.

Since you are having Cabinet meetings with the President and your fellow colleagues, is this a matter that you as a Cabinet Secretary think that maybe you could come and sit with the Budget and Finance Committee where I sit, so that we can come up with a solution on how capitation money can be released on time and to the right schools, so that our students can go to school and achieve what the targeted agenda is?

Mr. Temporary Speaker, Sir, I wish the Cabinet Secretary good luck. Keep doing the good work.

Thank you. Lastly, let us have Sen. Mutinda Maurine.

Thank you, Mr. Temporary Speaker, Sir. I still appreciate the Waziri for this detailed report regarding Kisumu County. However, I have concerns about other counties. If I could narrow it down to even Nairobi City County,

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Hon. Cabinet Secretary, before you respond, Prof. Tom Ojienda needs to correct the question in terms of reference to competition rather than infrastructure, so that you respond appropriately.

Take note of the time, Prof. Tom Ojienda.

Thank you, Mr. Temporary Speaker, Sir. I was referring to the infrastructure support that the Cabinet Secretary promised Nyakach Girls High School. Cabinet Secretary, the second question was whether you have any plans to support Kisumu Boys High School that has a high population of students with infrastructure needs.

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Hon. Cabinet Secretary, thank you for your response.

Hon. Members, I have got prior commitments by the Hon. Cabinet Secretary, and in terms of time, in the event that it spills over to one o'clock, I will extend the House for five minutes, so that the Cabinet Secretary can also give a commitment on when he will submit.

Hon. Cabinet Secretary, these are your prior commitments on the questions that you have previously appeared before the plenary. This House directed that for purposes

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The Temporary Speaker (

Hon. Senators, having concluded the business for which I extended the House sitting pursuant to Standing Order No.34 (2) A, the Senate stands adjourned until later today, Wednesday, 11th March, 2026 at 2.30 p.m.

The House rose at 1.06 p.m.

Hon. Senators, having concluded the business for which I extended the House sitting pursuant to Standing Order No.34 (2) A, the Senate stands adjourned until later today, Wednesday, 11th March, 2026 at 2.30 p.m.

The House rose at 1.06 p.m.