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THIRTEENTH PARLIAMENT

Fifth Session

Wednesday, 13th May, 2026 at 2.30 p.m.

PARLIAMENT OF KENYA

The House met at the Senate Chamber, Parliament Buildings, at 2.33 p.m.

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

STATEMENTS

NATIONAL TREASURY CURRENT FISCAL APPROACH ON PARLIAMENT’S FUNDING

Let us hear from Sen. Tabitha Mutinda.

disbursement, therefore, exposes the country to the risk of losing future compact support and falling behind comparable countries in the region.

In the view of the foregoing, I call upon-

1. The National Treasury
2. The Ministry to urgently disburse the outstanding Kshs250 million to in collaboration with the county governments, developed

NATIONAL TREASURY CURRENT FISCAL APPROACH ON PARLIAMENT’S FUNDING

Parliament is currently facing mounting pending bills and acute funding shortfalls that directly affect its ability to discharge its constitutional mandate. Essential activities, including committee work, legislative processes, oversight functions, and statutory engagements such as the Senate Mashinani and other outreach programmes, are being jeopardised due to inadequate and unpredictable funding.

Equally concerning is the persistent failure by the National Treasury to honour budgetary commitments. Promises of financial support, including allocations anticipated under the supplementary budget, have not materialised, leaving institutions to operate under a significant deficit.

This pattern erodes confidence in fiscal planning and creates operational uncertainty that is untenable for a critical institution such as Parliament. Continued reliance on Article 223 to authorise expenditures while Parliament struggles to meet its core obligations presents a contradiction that must be urgently addressed.

It is imperative that the National Treasury align its spending practices with the principles of accountability, transparency and equitable resource allocation across all arms of Government.

In light of the above, I urge the National Treasury to-

1. prioritise allocation of funding towards the settlement of Parliament’s pending bills;
2. ensure timely and full disbursement of approved budgetary allocations;
3. provide clarity and accountability regarding expenditures undertaken under Article 223; and,
4. adopt a more predictable and credible fiscal framework that supports the effective functioning of Parliament.

Mr. Speaker, Sir, Parliament cannot effectively perform its oversight role while constrained by financial uncertainty. Addressing this concern is not only a matter of institutional efficiency but also of upholding the constitutional balance of governance.

It is regrettable that Kenya had the opportunity to host the Fourth World Summit of the Committee of the Future Parliaments this October in Nairobi, but due to competing priorities within the National Treasury, Parliament was unable to allocate the required USD100,000 to support the event.

This decision is particularly disappointing given the significant economic and diplomatic benefits such a global summit would have brought to Nairobi. Hosting parliaments would have elevated Kenya’s international standing and generated substantial revenue for the city through tourism, hospitality, and related sectors.

Thank you.

STATE OF MUHORONI SUGAR COMPANY

I rise pursuant to Standing Order 53(1) to seek a statement from the Standing Committee on Agriculture, Livestock, and Fisheries on the state of Muhoroni Sugar Company.

Muhoroni Sugar Company remains a critical source of livelihood for thousands of households within the sugarbelt and continues to play an integral role in the local economy, serving as a pillar of hope for the people of Kisumu County and neighbouring regions.

Although the sugar production plant was officially leased to a private entity in 2025, residents continue to experience prolonged closures and unexplained plant failures.

These challenges raise serious concerns regarding the sustainability and intent of the lease agreement. As a key economic driver, the potential collapse of Muhoroni Sugar Company would have devastating consequences for the livelihoods and aspirations of the significant population dependent on the factory and its hinterland. The committee should address-

1. The current functional and operational status of Muhoroni Sugar Company, including daily cane crushing capacity and staffing levels.
2. The status of the company’s nuclear estate, specifying total acreage under its control, the portion under cane cultivation, and its capacity to sustainably supply raw materials.
3. Whether the lessee has fully taken over management and operations, including confirmation of consistency in factory operations and whether staff remuneration is up to date.
4. The long-term strategic plans to restore the plant to full operational capacity and reposition it as a viable and competitive regional economic hub. Thank you.

CONSTRUCTION STATUS OF BUKHUNGU STADIUM AND KAKAMEGA TEACHING AND REFERRAL HOSPITAL

Despite this intervention, the pace of implementation continues to raise concern among residents and stakeholders eager to see the projects completed and operational. In the Statement, the committee should address-

1. The initial approved project cost for the construction of Bukhungu Stadium and Kakamega Teaching and Referral Hospital.
2. What was the total amount of funds disbursed by the County Government of Kakamega to these projects respective contractors prior to the national Government’s takeover?
3. What is the budgetary allocation set aside by the national Government for completion of the two projects following the takeover for their implementation?
4. What are the projected timelines for completion and operationalisation of the projects? I thank you.

WELFARE OF PERSONNEL RETURNING FROM HAITI MISSION

1. A comprehensive and verified account of circumstances surrounding the death of Mr. Benedict Kabiru Kuria and ensure the immediate facilitation of repatriation of his remains to the family.
2. A report on the unresolved cases from the Haiti Mission and the current status of all deployed personnel.
3. The measures in place to provide psychological support to all returning officers and ensure that all affected families are accorded full support, transparency and dignity. I thank you, Mr. Speaker, Sir,

1. The initiative being undertaken by the Ministry of Agriculture and Livestock Development and the County Government of Embu to support bee farmers through the provision of modern equipment and technologies aimed at ensuring value addition and improving the quantity, quality of honey and related products.
2. The steps being taken by the ministry to identify and secure both the local and international market for honey and honey products from Embu County with the objective of increasing farmers' incomes.

ESCALATING CASES OF DIGITAL FRAUD ARISING FROM DATA BREACHES

1. The number of reported digital fraud and cybercrime cases for the years 2024 and 2025 disaggregated by type including SIM swap fraud, phishing, spoofing and other related offenses and the estimated financial losses arising therefrom.
2. The measures being implemented by the Government, telecommunications operators and the relevant regulators to prevent, detect and respond to telecommunications-assisted fraud.

1. The number of investigations, prosecutions and convictions under the Computer Misuse and Cybercrime Act and other related laws including the conviction rate for digital fraud cases and the challenges in having successful prosecution.
2. The status of investigations into the reported cyber-attacks on government websites including measures taken to strengthen the security and resilience of Government digital infrastructure.
3. The number of data access requests made by state agencies to Safaricom, Airtel and Telcom since 2020, the legal basis for such requests and measures taken by the Communications Authority of Kenya and the Office of the Data Protection Commissioner to investigate and penalise unlawful access to or sharing of subscriber data.
4. Finally, honourable Speaker, whether the Government has acquired, deployed spyware or other surveillance technologies and if so, the legal framework, approval processes and oversight mechanisms governing the acquisition and use. Thank you, honourable Speaker.

NON-REMITTANCE OF STAFF DEDUCTIONS BY THE COUNTY GOVERNMENT OF TAITA TAVETA

Is the Senator for Mandera County, Sen. Ali Roba not here? That statement is dropped.

ADMINISTRATION OF THE COUNTY PENSION FUND

There is another statement by the Senator for Taita Taveta County. That statement is also dropped.

Honourable Senators, I will allow comments for not more than 10 minutes. If you get an opportunity to speak, kindly, do so for not more than three minutes.

Proceed, Senator Maanzo.

also passed away in this mission. Another one was deported but we would like the committee to come with a full disclosure of activities. One of the issues and statements made while these officers were in Haiti was that they ended up using old unreliable vehicles and that would increase the attack.

Therefore, it is important that we have full disclosure of what exactly happened, what needed to happen so that in the future, before Kenya gets involved in such activities, we will be knowing exactly what is going to happen to officers.

Also, in this sort of activity - now that I am running out of time, I want also to comment on Sen. Kisang’s statement whereby a lot of people are being robbed. You know, the internet and the SIM swaps, and this money is being gotten out of banks and thereafter, investigations are landing nowhere. So many people have been conned. Sometimes, the money also ends up into M-Pesa agencies and M-Pesa accounts and the investigations still get to nowhere.

It is very sad that the family will never say goodbye to their son. I wonder, what will happen later when those who survive come back home. Will they end up being treated like soldiers who were once given land in the Narok, Sagamian area, and then left without recognition for the sacrifices they made for this country?

It is about time that we think twice about the welfare of our men and women in uniform. I met one police the other day who told me that he buys his own uniform. We no longer have money. If the police are buying their own uniforms and we are willing to send them to Haiti, why then can we not demand that those countries that were not willing to support our mission, support us and help these families? I wonder if there is even any psychosocial support being provided to the family.

Mr. Speaker, Sir, this is an important statement. I hope that the Standing Committee on Justice, Legal Affairs and Human Rights, headed by Sen. Wakili Sigei, can get to the bottom of this matter.

Thank you.

BILL

Second Reading

THE FOREST CONSERVATION AND MANAGEMENT (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO.38 OF 2025)

Sen. Faki, when the debate was interrupted, you had taken the floor and had a balance of 16 minutes. You may proceed.

Kwa hivyo, sheria hii ina mambo mengi mazuri. Naomba Maseneta waisome na waiunge mkono ili tupate sheria itakayotusaidia kulinda misitu ya nchi. Hii itapelekea misitu kuleta faida kwa jamii kupitia mapato mbalimbali. Tusitarajie misitu kutupa faida kupitia kuni ama makaa pekee. Tunataka kupata pesa nyingi za kisasa. Hiyo ndio njia pekee ya kulinda mazingira na kupunguza mabadiliko ya hewa tabianchi.

Naunga mkono Mswada huu na naomba Maseneta waunge mkono pia ili tuupistishe.

Asante.

kulinda misitu. Ni vizuri taasisi hiyo izingatie haki za kibinadamu kwa wale wanakaa karibu na misitu.

Jambo la tatu ni kuhakikisha pia kuwa wenyeji wanapewa nafasi katika misitu. Kuna Kauli iliyoletwa na Sen. Mundigi leo kuhusu wakulima wa nyuki wanaoweka mizinga ya nyuki. Kuna msemo kuwa kitamu kilambe. Msemo huo ulitokana na utamu wa asali. Wale wanaokaa karibu na misitu wanafaa kupewa nafasi kwa sababu nyuki hawaharibu bali husaidia sana katika ukulima. Uchavushaji ambao kwa Kimombo ni pollination unafanyika kwa sababu ya nyuki. Kwa hivyo, wananchi wanaokaa kando ya misitu wanafaa kupewa nafasi ya kuweka mizinga ya nyuki kule ili wafaidike kiuchumi. Vilevile kutakuwa na faida kutokana na mimea ambayo tunakuza kila siku.

Nikimalizia, kunafaa pia kuwe na uwazi. Wakati mwingi miti iliyokomaa inapovunwa, unapata kuwa wenyeji ambao hulinda misitu wanawekwa kando na wanaopewa nafasi na watu wengine. Taasisi hiyo inafaa kuhakikisha kwamba kuna usawa. Kuna misitu katika kaunti nyingi. Miti iliyokomaa inapouzwa, utapata kaunti zetu bado zinatumia pesa nyingi kununua samani zinazotumika katika shule nyingi za chekechea kwa bei ya juu ilhali kama kaunti zingeinunua, wangeweza kutengeneza samani kwa bei rahisi ili watoto wetu watumie. Kwa hivyo, tunataka taasisi ambayo itafanya kazi pamoja na kaunti zetu ili kuhakikisha kwamba faida za misitu si tu kupanda miti na kuilea, bali pia wanaoishi karibu na kutunza misitu wanapata faida yake.

La mwisho ni kuwa misitu huwa vyanzo vya maji. Ningependa tupitishe Mswada huu kwa sababu tumekuwa na matatizo kama haya. Wakati unataka kutoa maji kutoka kwenye vyanzo vya maji ili kupelekea wananchi, kupata cheti inakuwa safari ndefu sana. Unapokwenda kwa maafisa wanaolinda misitu, unapewa stori nyingi ama hekaya za abunuwasi ambazo huchukua muda mrefu.

Kwa mfano, kule kwetu kuna mradi wa maji ambao ulifadhiliwa na Serikali. Hata hivyo, kupewa cheti cha kuingia katika msitu huo inachukua miaka. Wanafaa kujua kuwa licha ya kuwa misitu ni mizuri, binadamu ni wazuri kuliko wanyama. Kwa hivyo, kunafaa kuwe na mipangilio mwafaka ya kulinda binadamu. Watu hawafai kungoja sana kwa sababu ngoja ngoja huumiza matumbo. Haki ikichelewa, basi hakuna haki.

Asante, Mstahiki Spika.

With FLLoCA projects, you will be surprised. They would have been successful if issues of water pans, boreholes and irrigation were geared towards growing seedlings for forests where local species can grow naturally. There are places where acacia grows naturally. We also have places where indigenous trees, which are not thorny and have many other uses, grow naturally, but that effort seems not to be there.

Mr. Speaker, Sir, when I was growing up, there was a natural forest on a hill near our home that was described as a hill tower. However, people started raiding it. The area started becoming a desert and erosion began taking place. When I was first elected in 2013, I hired a young person to be surveying and making sure that no one cuts trees there. Later, the county government also hired somebody who used to assist the employee I had hired as a Member of Parliament. Today, it has become a thick forest and you can see changes in rainfall patterns.

If this law is implemented and we grow trees to replace the ones which have already been cut and increase the greenery, not because of earning carbon credits, but to improve our environment and have it like it used to be probably 100 years ago, we will be helping the country and the world.

Still on the issue of carbon credits, Kenya is not a big polluter. When other countries pollute the atmosphere and encourage us to plant trees due to the polluter pays principle, these countries are supposed to pay us these carbon credits. However, if you look at it, it is so porous. Although we are making this law, I do not think this has been watertight enough to warrant a farmer who grows 1,000 acres of trees and increases the green coverage in the world to be compensated for the so-called carbon credits. It seems so porous that it is owned by international cartels. There is no proper formula on how a Kenyan or a common person in this country will ever be paid a shilling on the carbon credits.

Therefore, as much as we make this law, I think that the committee dealing with environment needs to look further. The theme nowadays is environment. We had a very good meeting here of the Inter-Parliamentary Union (IPU) on the issues of methane. Similarly, there was a follow-up in Naivasha with the environmental climate change caucus of the House. I have seen there will be further meeting between 15th and 17th of this month when we take a short break here in Nairobi. The meeting will attract quite a number of international partners.

In my opinion, however, as a country, we should really protect our own people and especially people who are doing investments in this area. I have seen proposals in Makueni County where a Russian company had sneaked into the country and was trying to negotiate with farmers to grow mangoes that grow naturally as forests, and subsequently earn carbon credits. However, without filtering this system through the national Government, it was very difficult for these people to access Makueni County directly. As much as the idea sounded very good, I still think of not only growing the mango forests because mangoes are part of food production. The tree coverage may be limited because of the space needed between mango trees, so that they can give the best.

As we plant trees, which are productive, from mango trees, mangrove trees to many others such as coffee trees, there seems to be conflict of the agriculture laws on some of these issues because some of them are scheduled crops. Therefore, as much as

we are enacting this law, there is need to amend more to make sure that other laws are taken care of.

I have seen quite a number of Acts, which are touched by this like the Pensions Act. I do not know what the difference is between the position of Secretary General that is being introduced and that of the Director General. In my opinion, it is just one and the same thing. I do not think much will change on that. Therefore, it is important that as we work on this, the experts in the House should look at it more keenly. I am sure there are serious experts in this House on matters environment and forests.

We have different forests in the country. The forest you find in Makueni County is not the forest in Nandi County. The forests you find in northern Kenya are so natural and amazing. I went there with Sen. Chute and a few Senators to deal with a cohesion issue in the north. You could see there are places with dense forests, where the tree cover can still be added even naturally and be more useful. However, conspicuously, there is lack of water supply. If you compare the desertification and the desert situation we have in this country with the desert in Israel, and how they use drip irrigation to grow forests and trees to beautify, we can borrow this and make sure that even in the worst desert situation, we grow the species of trees which grow there naturally. Most of them produce fruits. They are also beneficial commercially.

Therefore, I would like to support this great invention to amend this Act and make it better. Although many things have not been provided, and the reasons why we are doing this have not been aligned as usual when we are making a new Act or we are amending an Act of Parliament, this one particularly can become very useful to the country.

Generally, the practice we used to have during the Nyayo days of increasing forest cover was that we had laws such as if you have 10 acres, at least one acre should be covered by a forest. The farmers would not just farm. They could have trees on fence lines. If you visit the United States of America (USA), you find trees along the main highways. Although part of it is to stop snow from over accumulating on the roads, it breaks wind and beautifies the area. So, we need to capture quite a number of things, for instance, beautification in cities, towns, markets and more importantly, grow economically useful trees to increase the tree cover in the country, as well as increase the carbon credits likely to accrue to the benefit of farmers.

I support the Bill. During the committee stage, I look forward to a number of well researched amendments, to make sure this Act is better and improves the environment in our country.

I thank you, Mr. Speaker, Sir.

(SBC), we should be fair to this House. I can see that a number of Bills we schedule are from National Assembly. I know it is in the wisdom of the SBC. Perhaps in future, when some of us will be lucky to be members of the SBC, things will change.

Mr. Speaker, Sir, I have a few observations. While we appreciate that there is a whole chapter on the environment under Article 60, where even it proposes 10 per cent of forest cover, I think that is where the President’s policy of planting 15 billion trees---

Somebody has not moved beyond the village mentality and is casting aspersions on why President William Ruto was hosting the AFS, where resolutions will be made.

This is the person who has never outgrown his village mentality somewhere in Wamunyoro. He has not even had a meeting with the staff of an embassy. Some of us are better. I have personally sat with the ambassador of Brazil. You are saying you are an opposition leader, and you do not know international principles on---

to emphasise that we must own these forests. We must ensure that these forests are protected.

There is the issue of licensing, regulation, certification, compliance and regulation. During the era of His Excellency the late Kibaki, there was what we call the shamba system, where communities were allowed to farm as they protect trees. It is similar to saying adopt a tree.

I remember when the former Deputy Governor of Baringo passed on and we went to his home. I am failing to recall the name of where we were in Eldama Ravine. I can see the Senator of Baringo is around. The only argument was about whether people were allowed to do shamba system within Chemasusu Forest, so that they adopt and protect the forest. You cannot bring regulations, compliance, licensing and a regulatory regime through the Secretary of Forests without involving the community. The community must own the forest. That is the only way we can protect forests.

During the Nyayo era, there was what we call Nyayo Tea zones. When you drive all the way from Kakamega through Shinyalu to Kakamega Forest, all the areas around the forest--- I saw some people castigating Mzee Moi. They do not know what Moi did for this country. I saw somebody saying William Ruto is a reincarnation of Mzee Moi. Moi did his part during his time. Remember former President Moi--- We know where Kiptagich is. Former President Moi came up with the Nyayo Tea Zone and ensured there was a buffer zone. They ensured they grew tea around most of the forests to protect the “grabiosis” of land within our forest.

We celebrate Mzee Moi, one of the distinguished sons of Baringo and one of the great leaders. You will never erase the history of Mzee Moi. He ruled this country like a colossus for 24 years. People such as Sen. Chemitei grew and they were drinking milk from the Nyayo Era. That is why we have many strong young men.

That is what I wanted to say on the issue of Director General that we are introducing and the issue of ensuring regulations. We must encourage the shamba system, so that we can ensure we do not duplicate.

Fourth, is on the headquarters. Mr. Speaker, Sir, I know you are a well-travelled man. I think you have been to Brazil. There is Brasilia and Sao Paulo. You have been to Tanzania where there is Dar-es-Salaam and Dodoma. There have been arguments in this country that we need to move our headquarters to Isiolo, so that we decongest Nairobi. How can we say we are a House of devolution if we are saying this headquarters should be in Nairobi? These are forests. Do you see any forest in Nairobi apart from Kibiku or any other forest like here in Kiambu? We should even take the headquarters of this forest service to be in Mau. How do we decongest Nairobi?

I am happy that the party leader of the Orange Democratic Movement (ODM), one of the keys they called us in governance of this country is here. We should encourage devolution by all instances. That is why we are saying, if the forest matters, let us take the headquarters to Mau Forest. If it is tea, take it to Kericho. If it is maize, take it to the National Cereals and Produce Board (NCPB) headquarters in Uasin Gishu. If it is tourism, take it to Kilifi or Mombasa. If it is livestock, take it to Mandera. Maybe we can make Laikipia the headquarters of potatoes. The point I am trying to make is it is fallacious for us, as a House---

How do we decongest Nairobi which is clogging? The Governor of Nairobi City has always told us that Nairobi is built on a swamp. God forbid, if Nairobi sinks today, it will sink with the entire Government of this Republic. So, we must be careful. Let us make sure that it is the headquarters of the Republic of Kenya. Therefore, underscoring the principles in Article 60 of the Constitution, on the issue of forestry, we need to develop an---

Could you protect me from these hecklers? These Wamunyoros are now learning how to heckle. Maybe if it was Sen. M. Kajwang’, I would have agreed because he is the Chairperson of the Climate Caucus.

On the issue of qualifications, I have seen that they are saying people who should serve in the board should have a qualification of masters. That is unfair. Why not use the bare minimum of a degree? Why masters? Why are we unfair to Kenyans yet in Parliament, we have class three drop outs who have been elected? They do not know how to read, write or sign yet they are busy yelling and yapping all over the place. We need to be fair to Kenyans. We are not holier than thou.

Mr. Deputy Speaker, Sir, I want to focus a little bit on the cons in this Bill. I always look at a Bill with the evidence-based pros and cons approach, so that when we are doing this, we do not only think about our current generation, but future generations that will be subjected to this Bill. Most operational Bills in this country today were developed by our forefathers and the colonial masters, for example, the Penal Code, which we are always struggling to amend, so that it can fit into the current Constitution.

As we amend this Bill that has come from the National Assembly, I beseech all of us to take a toothpick and comb through every clause then ask ourselves, “what are the cons”? There is a risk of increased deforestation in this Bill. Amendment to Section 56 that allows easement to public roads, utilities and infrastructure in public forests, potentially accelerate forest clearance. This contradicts the 10 percent forest cover campaign in the country. That is an issue that we must be alive to and find a way to clearly gazette the easement into the forests. That is one issue that is a con in this Bill and we need to deal with it.

Number two is an issue that I have alluded to already and refused to entertain debate on it because of lack of proper understanding. It is a risk of carbon credit vulnerability. Section 47(A) and (B), which is being added in this Bill, enables carbon

projects under the Kenya Forest Services (KFS) resulting in fear of poor governance, benefit diversion and sidelining of local communities.

Communities should be able to own these projects. We have always supported the shamba system in the forest to enhance the forest cover. When decisions are now being made outside the community, that is a risk because we want our people to benefit. If there is any carbon credit benefit, it should benefit the local people who live there. That is an issue that I think we need to focus on.

Mr. Deputy Speaker, when I started my submissions, I spoke about the need to develop legislation for future generations and continue increasing learning opportunities for us to enhance and better legislation. One of the biggest problems in this Bill is the replacement of Section 17; elimination of training institutions. When you remove the forest college, where are you going to get fully trained people who can understand these issues? This potentially weakens experts for future generations. Everything we are doing today is for future generations.

I refuse to believe that I will live forever because I know my time is limited. So, whatever I put my pen and my two cents in, it has to be something that will better the future generations. This boils down to the two competing interests; the issue of commercial interest when it comes to carbon credit and genuine conservation.

When the late Wangari Mathai was still alive, Uhuru Park was complete. Today, it is only a small section that can be considered as Uhuru Park. A bus park was built on half of it while the other half is just there. That conservation effort that she fought so hard for is something that reminds me of her agility and dedication to the goodwill of this nation’s environment. Nairobi was once regarded a green city, but slowly by slowly, it is turning into a concrete jungle. We need to safeguard these interests and make sure that the experts continue being trained. This issue of a forest college must still be entrenched and brought back. We need to look at Section 17 that is being removed.

The other con in this Bill is the loophole for exploitation of our forest cover. When it comes to the issue of development, we have to be cognisant to the fact that the only time that we will have a clean environment is if forests remain forests. When there are small loopholes of allowing development in forests, it may enable some of us - I am not pointing at any person in particular - to have a desire to use corrupt means to cut a section of the forest and develop their own business empire.

I am happy that I can see young people in the public gallery. It is important that I reiterate this; every piece of legislation that we develop in this country has to take the interests of the young people at heart. It has to put their interests, first, to make sure that we still maintain a good environment for them. When I was growing up, we used to plant trees on a daily basis. Narok Town had a beautiful forest called the Olekoonyo. I am currently attempting to plant more trees to see whether we can save the environment.

The future generations; the Gen Zs and the Gen Alphas must be trained. In whatever we do, we must show them that we want to make this country a better place for them. We spend more time insulting each other left, right and centre, but when the chips finally fall, what should lead us is the development of a good environment that enables us to depend on ourselves as a nation first. We are going to look at Kenya first before we look at interests of other nations. Kenya must always be first.

Help me understand carbon credits. Help my people in the village understand carbon credits. Help these younger people, this generation understand carbon credits. They do not understand. If I do not understand, I am 100 per cent sure that the people I represent do not understand. When you want to amend legislation, ensure that you entrench their interests first. Make sure they are the ones who are leading that piece of legislation.

Mr. Deputy Speaker, Sir, this brings me to my last point on equity and oversight gaps. We are now decentralising these forest professional forums, but I see a lack of robust accountability. What do I mean by that? The only way that we can ensure that our forests are fully accounted for is by ensuring that the local indigenous communities---

The issue of Loita Forest is very emotive with a lot of significance to the Maasai Community, both in Kenya and Tanzania. Recently, there have been some discovery of minerals in that forest. There is particularly an interesting red stone in the forest. At first, people in the current Government and the former Government were leading in deforestation. I once stopped a former Cabinet Secretary’s truck that wase transporting many cedar trees from the forest to go and build a hotel somewhere. For this issue; if the community’s interest is taken into consideration, the first oversight body must be the local community.

If flooding happens in Embobut Forest and there is no protection of that forest by the local community, the landslide will affect the local people. If we cut the majority of trees to create an easement in the Mau Forest, the people who will suffer are the local Maasai and the Kalenjin people who live in that forest.

I beseech the Mover of this Motion, given that it is a Bill coming from the National Assembly, to consider at the Committee of the Whole, to introduce an amendment that deals with those cons and try to turn them into pros. There is absolutely no reason to develop legislation that has more cons than pros.

Let us apply an evidence-based analysis to the Bills that we bring into this House. Are they helping future generations? Are they helping us? Let us understand these Bills properly so as to proceed with them. Ultimately, all of us are interested in making a shilling or two. No one will be interested.

I am happy that this Bill recognizes those people who hold a licence for timber harvesting or grading of timber. When the responsibility switches to the Cabinet Secretary, they will still be grandfathered into the new regulations.

As I conclude, we must ensure that we promote a clear balance between genuine conservation and commercial interests.

With those few remarks, I support.

communication and to my utter surprise and disappointment, the National Assembly has refused to approve a Bill I drafted to take care of our senior citizens. We are facing a lot of discrimination from insurance companies when it comes to providing medical cover for Kenyans aged 70 and above.

Mr. Deputy Speaker, Sir, in line with Article 27 of our Constitution, which outlaw discrimination on account of race or age, and taking into account that health is a devolved function, I drafted a Bill that was approved by the office of the Speaker, to amend the Insurance Act to outlaw the practice by insurance companies of refusing to issue insurance cover for citizens aged 70 and above. I did this in recognition that there are a number of Kenyans who are lucky to live beyond 70 years.

I remember when we were burying the mother of the Speaker of our sister House, I was impressed to see his father at 94 years, speaking very fluently and with very clear thoughts.

I thought that the Bill would address and solve that problem to the benefit of many Kenyans, our senior citizens. However, I have received communication that the National Assembly has declined to process the Bill because it is not a devolved function. I do not know what reading of the Constitution could lead to that conclusion.

Mr. Deputy Speaker, Sir, I hope that your office will take the initiative to have a sitting with the Speaker of the other House so that you can have some consensus. Health is a devolved function. Seeking to extend that benefit to citizens who are above 70 is within that mandate. We are all heading there.

Just the other day, you saw the President signing into law a retirement package for judges. When I read through the new law, I noticed that the Government has now committed, and I fully support to treating our judges well when they retire. That law makes it compulsory, at the expense of the taxpayer, that retired judges above 70 years be given full medical cover by the Government. So, if we are doing that for people who are privileged to occupy positions at that level, we should also be doing the same for the poor Kenyans who do not occupy positions that guarantee them medical cover after retirement.

Going back to the Bill, I have since learned that there are two headquarters. I want to correct the impression I may have created that Sen. Cherarkey was wrong. I have seen that under Clause 4, the headquarters of the organisation will be in Nairobi. It is the research branch that will be in Kiambu. So, I want that to be corrected.

Mr. Deputy Speaker, Sir, we must agree that we have an obligation to protect the environment, our forests, for the benefit of future generations. When I served as the Chair of the Ethics and Anti-Corruption Commission (EACC), it was during that time that there was a sustained onslaught by a certain cabal in Government to grab Karura Forest. We worked very closely with the late Prof. Wangari Maathai and the EACC filed several cases in court to stop the grabbing.

I remember Wangari Maathai used to say that Karura Forest is what she called the lungs of Nairobi. It is the one that gives the people of Nairobi oxygen. If you deplete it, you may lack fresh air. So, we must support any initiative, like what I have seen in this Bill, to have a dedicated agency that will ensure that we protect our forests.

Our desire is to have 10 per cent forest cover, but we will never attain it if we allow people to continue grabbing parts of our national forest cover. Last week, I was reading a

decision where the Court of Appeal overturned a decision of the High Court that allowed a Kenyan to grab about 4,600 acres of the renowned Maasai Mara.

I want to laud the bench of judges, which included the newly appointed Judge of the Supreme Court, Justice Warsame, Justice Gachoka and Justice Mativo. That is a heroic decision. They have sent that matter back to the High Court. I hope the judge who will hear that matter will act in a manner that protects the Maasai Mara.

We have so many tourists who come to Kenya just to visit and bring foreign income to our country. If we finish the Mara, where will our tourists go? What we should be thinking about is how we can extend the railway network that goes through Narok to Sekenani Gate, so that there is easy access.

I hope now that we have this Bill, the agency that will be created can even take the extra step of joining interested parties in the many cases that have been filed in court either by EACC or any other public body, or any other interested Kenyan, to protect our forests.

We have placed the qualification of the head of this body as per Clause 29(2)(d). The person is to have experience of 15 years. We should allow our youths to thrive. We have many young Kenyans, who the experience of seven years, can serve very ably as Chief Executive Officers (CEO). I think Mr. Oigara was appointed as the CEO of Kenya Commercial Bank when he was 30-something years. He did not have 15 years’ experience, but look how he turned around the Kenya Commercial Bank to what it is today. When he left, he was poached by another bank.

So when we say 15 years, we are locking out the youth completely. I do not think we place the experience at 15 years for people applying to be judges of the High Court. What is needed is 10 years’ experience and one can pass a sentence to condemn someone to be hanged and bring their life to an end. It is a serious assignment. I propose that we consider, because of our youth, amending this clause to reduce the experience to at least 10 years. I would have preferred seven years but a middle ground can be 10 years. If we put 15 years, we will lock out so many of our youths yet we want them to get employment.

On Clause 29(h) on the headquarters, I think that it would be nice to say that the headquarters of the Kenya Forestry Research Institute (KEFRI) will be at the headquarters of any of our devolved entities. We have 46 counties other than Nairobi. I do not know why we have said that it has to specifically be in Kiambu. We should have said the headquarters of the institute shall be in one of our counties other than Nairobi.

Kisii or Nyamira can compete to be the headquarters of KEFRI. It can even be in Kericho or Nandi. I do not think that I have seen a law so prescriptive that it names a particular county as the headquarters of a body corporate like this. I am just curious, why say Kiambu? Why not Narok, for example? Why not Nyamira? To change these headquarters, you must amend the law again. We should leave it to be a bit open.

I have seen a number of cases where you appoint people to a board and the appointing authority is taken to court. Clause 29 of this particular law says that the chairperson will be appointed by the President. Why can we not say the Cabinet Secretary in consultation or on the advice of the President? If you have an issue with this appointment, do you sue the president? I propose that we do not give the President some

of these very small duties like appointing chairpersons. This is something that can be undertaken by the cabinet secretary. I hope the committee that will consider this Bill will put that into consideration.

I have no problem with the Salaries and Remuneration Commission (SRC) setting remuneration. I am wondering why we cannot have a generic salary structure for members who serve in our various boards. Why should you say that if you serve as the chair of Ethics and Anti-Corruption Commission (EACC), you should earn Kshs350,000, but if you are serving as a chair of the Kenya Conservation and Management Institute, you earn Kshs25. When you walk to a supermarket, the supermarket does not know that you are from EACC and that the other one is from KEFRI. We should promote parity and fairness. Everybody should earn the same salary.

You will get a police officer working at the Directorate of Criminal Investigations (DCI) who is supposed to arrest somebody who has committed a crime or somebody who has swindled public money. On the other hand, you have a police officer forwarded to the EACC who is also supposed to investigate that crime somewhere but the person at the EACC is paid more money than the police officer at the DCI who is doing investigation. What statement are we making? Are we saying that this police officer is not being well remunerated because he is going to get extra money from somewhere or what are we really saying?

If remuneration is meant to ensure that we adequately compensate members who are serving in public service, then the earning should be the same. Otherwise, the others who are earning less will say they have an excuse to look for other means of topping up so that they earn like people who are in those other bodies.

I participated when we were making comments on what Kenyans intended when they set up the Salaries and Remuneration Commission (SRC). The intention was to make sure that the remuneration that Kenyans are earning is uniform. We wanted to remove this idea of saying there is a special kind of Kenyans working somewhere who earn more and others who earn less. That is why the SRC was set up to equalize remuneration so that Kenyans can get what we see in other countries where if remuneration is set at USD20 per hour, then that is what everybody should earn.

In future, the SRC should tell us that the sitting allowance in one sitting is Kshs25,000 to a maximum of this and this if you are serving as a member of a board. If they do that, we will not keep legislating and saying in every law that the allowance will be in consultation with SRC.

In conclusion, I support this Bill. We need to conserve our forests and enhance the forest cover of this country. We also need to reduce our greed of wanting to grab our forests. We will not take all these things we are trying to accumulate when we die but the forests will serve the current generation and the future generations.

I support.

I am particularly interested in the national forest research institute that has been set up under this Bill. We have a very serious problem in Tana River County and this problem originates from a tree that is called the Mathenge tree. The scientific name for that tree is prosopis juliflora. This tree has had a major negative impact on the ecosystems in Tana River County. It has killed grazing lands and affected farmlands. Today, forests are dying because of the Mathenge tree.

The history of this tree is that it was introduced in the 1970s and 1980s with the idea that it would fight desertification. It was brought into our county those days because it is one of the semi-arid counties. When it came, it started growing with great force. It spread everywhere. Wild animals dispersed its seeds widely, and it grew so fast. The roots of that tree are very strong. Even if you cut it today, tomorrow, it grows again. Even in the dry season, if it rains a little, all the Mathenge trees will sprout again. It consumes a lot of water. It stresses other trees and prevents the regeneration of natural vegetation. It hinders the regeneration of forests within our area.

I am very pleased to learn that in this Bill, in proposed Section 291(g), one of the responsibilities of the institute is to assess, map, control, and develop procedures for the management of invasive species. The Mathenge tree has become a major invasive species. It does not die. It is so strong and destroys everything natural within the area. Even in large-scale irrigation schemes such as the Bura Irrigation Scheme, it clogs the canals. When farmers want to plant, they must spend a lot of money clearing Mathenge before they can sow seeds. Even the locals, when grazing their animals, face problems. If cows eat this tree out of hunger or any reason, they suffer serious digestive problems. This Bill, therefore, speaks directly to the people of Tana River.

I am glad that one of the reasons for establishing this Research Institute is to ensure control of invasive species. I have also noted that the Bill attempts to address the question of the spread of research institutions. The debate has been about the location of the headquarters, but I am not concerned with that. I want this Bill to recognise that the people who suffer are those in the counties. It should be specific about establishing research centres within counties. At present, it only mentions regional centres for research. When we were establishing judges under the new Constitution, I moved a clause that was very specific, requiring each county to have a judge. Progressively, the Judiciary has appointed judges in every county. At that time, Tana River County had no High Court, but because of that law, each Chief Justice has ensured that every county now has a judge. I am proud to say that Tana River County now has a High Court Judge. However, the wording on research centres in this Bill is not specific to counties. The language is not the one we would be using if this law is set up from the Senate and going to the other side.

I, therefore, urge, at the Third Reading, that there be a clear provision requiring research centres for forestry to be progressively established in all counties. Counties such as Tana River are often ignored when forests are mentioned, yet we have large forests in areas such as Kipini and Bangla, which are already under the Department of Forestry. It would be wise to establish forest research centres in every county of the Republic of Kenya.

I am pleased to note that in the proposed Clause 5, the national Government is required to provide technical assistance to counties. Every county is supposed to receive national Government support in agroforestry and commercial forestry on community land. Some of our community lands in Tana River County are registered, but others are not. Technical services in agroforestry and commercial forestry should cover both registered and non-registered community lands.

One of the most important provisions in this Amendment Bill is the establishment of the Forest Secretary. This is a very good innovation because until now, the Department of Forestry has operated almost like an outsider, only becoming relevant when there is political pressure to grow trees. Now, we are creating a full department headed by a secretary. This Directorate of Forestry will be a game-changer, with a secretary in charge of forests who will advise the Cabinet Secretary for Environment directly, develop policy, and ensure forestry in Kenya is fully exploited for the benefit of the people.

My concern with this proposed law lies in Clause 29(d). This one proposes the establishment of a register for all professionals in the forest sector. It suggests that the Secretary of Forests, whom we are now setting up, will issue certifications for professionals in forest management and related practices.

Mr. Deputy Speaker, Sir, we have various professional bodies within the Republic of Kenya. We have the Law Society of Kenya, the doctors, surveyors and many other professional institutions. You will remember that in this Parliament, we passed a law to create HR professionals in human resource management and created a law for them. The practice in Kenya has been that management or professional institutes and managing those institutions is done by professionals within that area. It is managed by professionals in that area. I am a lawyer by training, and the Law Society is managed by lawyers. We conduct our own elections. We carry out our own disciplinary actions. This is what we do. It is self-regulating. Now, that is the standard that goes across all professionals in Kenya.

How does it become that the secretary in charge of forests is the one that certifies professionals in this area of forestry? It cannot be that one person or one office is in charge of a whole profession. There are many people in the environmental sector. There are many people who are already practicing agroforestry, commercial forest growing. There are people who have been trained in these areas; on environmental management. How can it be that instead of us doing what is supposed to be done, setting up an institute for forestry professionals and having them manage their own issues, we are actually giving these powers to one office called the Secretary of the Directorate of Forestry?

I fault this law seriously on that matter. It is not a good thing to create an office and give it so much power. It does not make sense because the qualification we have put for the Secretary of Forest is a person who has a master’s degree. There are people who are professors in the area of environmental law and economic management of forestry. These professionals who are environmentalists are the ones who should be regulating the professionals within the area of forestry. It cannot be the secretary who just has a qualification of a master's degree.

There is a deficiency somewhere in this law that needs to be looked into again in the Committee of the Whole. We need to place amendments so that we can release the

professionals to do their thing. Somebody who has a master's degree cannot be the one certifying a professor in environmental law as a professional in forestry. That is a problem that I have noted with this particular Bill. I would really support this Bill.

For the first time now, we are seeing that forestry is being given its proper position within the Republic of Kenya. I see that for the first time, we are not treating them as just a force, a force that is not really defined, because it is not within even the structure of the Ministry of Interior and National Administration. It is somehow a force, but somehow it is not a force, and they do not have a very good structure. But now with the creation of the Office of the Secretary for Forests, and in the creation of this clear structure that is coming up now with this Bill, we are headed in the right direction.

Mr. Deputy Speaker, Sir, Kenya is known to be ahead in terms of making legislation. This is one of a demonstration of where we are going. We are moving away from what used to be just a small department of forests to a strong department that has policy direction and head of policy direction. We believe that it will spread across the counties. I have made a case for every station, every county to have its own station so that we can develop this sector.

Mr. Deputy Speaker, Sir, with those many remarks, I beg to support. Thank you.

BILL

Second Reading

THE ENVIRONMENTAL MANAGEMENT AND COORDINATION (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 66 OF 2023)

(Bill deferred) (The Clerk-at-the-Table consulted with the Deputy Speaker)

BILL

Second Reading

THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (SENATE BILLS NO.10 OF 2024)

(Bill deferred)

COMMITTEE OF THE WHOLE THE FOREST CONSERVATION AND MANAGEMENT (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 38 OF 2025)

COMMITTEE OF THE WHOLE THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (SENATE BILLS NO.10 OF 2024)

COMMITTEE OF THE WHOLE THE HERITAGE AND MUSEUMS BILL (SENATE BILLS NO.8 OF 2023)

COMMITTEE OF THE WHOLE THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (SENATE BILLS NO. 10 OF 2024)

COMMITTEE OF THE WHOLE THE COUNTY HALL OF FAME BILL (SENATE BILLS NO.18 OF 2023)

COMMITTEE OF THE WHOLE THE PUBLIC FUNDRAISING APPEALS BILL (SENATE BILLS NO.36 OF 2024)

COMMITTEE OF THE WHOLE THE ENVIRONMENT LAWS (AMENDMENT) BILL (SENATE BILLS NO.23 OF 2024)

COMMITTEE OF THE WHOLE THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE BILLS NO.3 OF 2024)

MOTION

ADOPTION OF MEDIATION COMMITTEE REPORT ON THE FOOD AND FEED SAFETY CONTROL CO-ORDINATION BILL (NATIONAL ASSEMBLY BILLS NO.21 OF 2023)

THAT, the Senate adopts the Report of the Mediation Committee on the Food and Feed Safety Control Coordination Bill (National Assembly Bills No.21 of 2023), laid on the table of the Senate on Tuesday, 28th April, 2026, 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.

(Motion deferred)

BILL

Seconding Reading

THE COUNTY GOVERNMENTS LAWS (AMENDMENT) BILL (SENATE BILLS NO. 52 OF 2024)

(Bill deferred)

BILL

Seconding Reading

THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM OFFICE) PROCEDURE BILL (SENATE BILLS NO. 34 OF 2024)

(Bill deferred)

BILL

Seconding Reading

THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO. 39 OF 2024)

(Bill deferred)

BILL

Seconding Reading

THE STREET NAMING AND PROPERTY ADDRESSING SYSTEM BILL (SENATE BILLS NO. 43 OF 2024)

(Bill deferred)

BILL

Second Reading

THE COUNTY GOVERNMENTS LAWS (AMENDMENT) BILL (SENATE BILLS NO. 14 OF 2025)

(Bill deferred)

BILL

Second Reading

THE AGRICULTURE AND FOOD AUTHORITY (AMENDMENT) BILL (SENATE BILLS NO. 13 OF 2023)

(Bill deferred)

BILL

Second Reading

THE AUTISM MANAGEMENT BILL (SENATE BILLS NO. 19 OF 2025)

(Bill deferred)

MOTION

ADOPTION OF REPORTS ON COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS IN KITUI, MAKUENI AND MACHAKOS COUNTIES

THAT, the Senate adopts the Report of the Standing Committee on Health on the County Oversight and Networking Engagements in Kitui, Makueni and Machakos Counties, laid on the Table of the Senate on Thursday, 26th February,

1. (Motion deferred)

MOTION

ADOPTION OF REPORTS ON COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS IN KIAMBU COUNTY

THAT, the Senate adopts the Report of the Standing Committee on Health on the County Oversight and Networking Engagements in Kiambu County, laid on the table of the Senate on Thursday, 19th March, 2026.

(Motion deferred)

MOTION

ADOPTION OF REPORTS ON COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS IN BUNGOMA AND KAKAMEGA COUNTIES

THAT, the Senate adopts the Report of the Standing Committee on Health on the County Oversight and Networking Engagements in Bungoma and Kakamega Counties, laid on the Table of the Senate on Tuesday, 21st April, 2026.

(Motion deferred)

MOTION

ADOPTION OF REPORT ON SESSIONAL PAPER NO.1 OF 2025 ON FOREIGN POLICY OF THE REPUBLIC OF KENYA

THAT, the Senate adopts the Report of the Standing Committee on National Security, Defence and Foreign Relations on Sessional Paper No.1 of 2025 on the foreign policy of the Republic of Kenya, laid on the table of the Senate, on Tuesday, 31st March, 2026.

(Motion deferred)

MOTION

NOTING OF REPORT OF SELECT COMMITTEES DURING THE THIRD SESSION (2024)

THAT, the Senate notes the Report of the Liaison Committee on the activities and operations of Select Committees during the Third Session (2024) pursuant to Standing Order No. 224 (2), laid on the Table of the Senate on Wednesday, 28th May, 2025.

(Motion deferred)

ADJOURNMENT