Wednesday, 17th June, 2026 Afternoon Sitting

Clerk, do we have quorum?

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

Hon. Senators, kindly, settle down. Senator for Lamu County.

We have quorum now, so we will start the afternoon's business. Clerk, you may proceed to call the first Order.

The Chairperson Standing Committee on Health or a Member of that Committee for that matter.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table, today, Wednesday, 17th June, 2026- UFJ8B8J1GZ

Report of the Standing Committee on Health on a petition to the Senate by Mr. Patrick

Musilu and others concerning protection and propagation of the commercialisation of the New Generation Muthea Anti-venom in Kenya.

Next Order, Clerk. The Chairperson Standing Committee on Health.

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

THAT, the Senate adopts the Report of the Standing Committee on Health on a Petition to the Senate by Mr. Patrick Musilu and others concerning the protection and propagation of the commercialization of the New Generation (Muthea) Anti-venom in Kenya, laid on the Table of the Senate on Wednesday, 17th June, 2026.

Sen. Catherine Mumma.

Thank you, Hon. Speaker. I beg to give Notice of the following Motion on behalf of Sen. Veronica Maina and on my own behalf-

THAT, AWARE THAT Articles 43 (1) (f) and 53 of the Constitution of Kenya guarantee every child the right to education, protection, safety and welfare; COGNIZANT THAT the Basic Education Act, 2013, the Children Act, 2022, the Occupational Safety and Health Act and the Safety Standards Manual for Schools in Kenya require learning institutions to provide safe and secure environments for learners; CONCERNED THAT Kenya continues to witness recurrent cases of student unrest, school strikes and arson attacks in schools, leading to loss of lives, destruction of property, disruption of learning and psychological trauma among learners and their families; ACKNOWLEDGING the findings of the National Crime Research Centre (NCRC) , the Auditor-General’s performance audit report on Fire

Safety Preparedness in Secondary Schools (2020), and the Claire Omolo Task Force Report (2016); NOW THEREFORE, the Senate resolves that: -

Next Order. Hon. Senators, allow me to invoke Standing Orders No.45 (2) to rearrange today's Order Paper. We need to conclude Order No.10 before we embark on our recess, and we only have today and tomorrow. Therefore, we will deal with Orders No.8, 9 and 10 and thereafter, come back to the statements.

Clerk, you may proceed.

Next Order. The Majority Leader?

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

THAT, NOTWITHSTANDING the resolution of the Senate made on 12th February, 2025 on the approval of Senators to serve in various standing committees of the Senate and pursuant to Standing Orders No.197, 199, 228 and the Fourth Schedule to the Standing Orders; the Senate approves the following Senators nominated by the Senate Business Committee (SBC) to serve in the standing committees of the Senate as follows-

Majority Leader, you come to my office.

Mr. Speaker, Sir, I am wondering whether Sen. Khalwale has visited you of late. You have become very tough on me for no apparent reason.

Anyway, these are very routine matters. I do not want to waste the House's time. That is the procedure.

I beg to move and request the Minority Leader, Sen. Stewart Madzayo, whose business ideally this is, to second.

The Senate Minority Leader (Sen. Madzayo) : Thank you, Mr. Speaker, Sir. I second.

Just like the Majority Leader has indicated, this is a procedural Motion. The Floor is open for debate. However, with your concurrence, I may proceed to put the question.

I will proceed to put the question.

Next Order.

Thank you, Mr. Speaker, Sir. I second. (Question proposed)

Just like the Majority Leader has indicated, this is a procedural Motion. The Floor is open for debate. However, with your concurrence, I may proceed to put the question.

I will proceed to put the question.

Next Order.

is the answer to development in the counties, there have been challenges since the advent of the new Constitution.

First of all, low allocations. Secondly, accountability has been an issue, and despite all these challenges, you will find that counties are also raising their own revenue. Before this House is a request for a statement, now that there is a new system in the counties where the Senate can also access and know the payments being made. One of the biggest challenges is that we are still dealing with pending bills since devolution started in many counties, and this has hindered development. There are a lot of pending bills which have not yet been sorted for one reason or another.

Mr. Speaker, Sir, we also had an issue with the headquarters of Tharaka Nithi, which was delayed by investigations. I believe by now, every county should be having its headquarters completed and functioning. We still find challenges in many counties and when you move by, you are surprised that despite the devolution and governors being at work, you still find many towns and cities in the counties still with uncollected garbage, which should be a thing of the past. There should be the minimum that the counties can do.

There are many county roads which have not been done. It was hoped that the roads which are devolved should have been devolved.

Some of these organizations which are handling roads at the national level, other than the Kenya Rural Roads Authority (KeRRA) and Kenya National Highways Authority (KeNHA), the rest should be functioning at the counties. If those monies were to be sent to the counties, then the county allocations will increase. Roads are a challenge in many counties up to today, including in my county, Makueni. We still have a lot of undone roads despite the challenges which are there and the rains which swept most roads recently.

Mr. Speaker, Sir, with this sort of allocation, you are still going to expect challenges in terms of development in the counties. There are devolved functions. Agriculture and health should be fully devolved. When the report of the Committee on Health came to this House, we had visited Makueni. One of the biggest challenge was on how to deal with the refuse from the hospital. This is also a challenge in many other parts of the country.

The government mortuaries where the dead are preserved still have a lower capacity and the others which would have been developed are not yet developed. We could associate this with the failure of fully devolving the health department. There are a lot of machines which are still being run and bought by the national government on contract. If these monies were devolved, the county allocations would still be bigger.

Mr. Speaker, Sir, when it comes to the building of markets, this is a function of the counties, but the national Government has taken it. It is the one building markets in different parts of the country and most of them have stalled. They were commenced but work has stopped. Very little activity is happening.

The other issue is the environment, which is still devolved like the case of the Kenya Wildlife Services (KWS) and the elephants. The elephants are still roaming at the counties and quite a number of requests for statements have been brought to this Floor,

including one from Makueni by me. Even up to this week, a young child was killed by an elephant somewhere around Kiboko in Makueni and a mother injured.

Mr. Speaker, Sir, when you want to sort this out, it is torn between the national government and the counties. When the residents ask who should be dealing with the payments, they say there is the role of the county and there is the role of the national government. These are some of the things which should be sorted out, so that there is a clear way on the monies associated with the counties dealing with wild animals and how KWS is going to operate within those areas. It is not clear and people are suffering from wild animals.

I have heard a number of Senators here raise issues from different counties, especially on people being killed by wild animals and yet, we have a Bill pending in this House. I had processed one at the National Assembly about snake bites. When I came to this House, I found that the Senator for Taita Taveta had brought that Bill here. A number of Kenyans are being killed by snakes and we are yet to process that Bill here so that we can have snakes as one of the animals when they injure somebody, there is compensation.

Mr. Speaker, Sir, the challenges are many. I do not want to repeat what my colleagues have already said on this Floor. I am also aware that we need to process this Bill as quickly as possible so that monies can go to the counties. A number of governors have appeared before our Committee and I believe those who had issues not appearing have no issue anymore and should be appearing so that there could be accountability.

The Senate works with audited accounts. That is how we oversight but a number of people still think we should be doing the work of county assemblies. The law is clear and our role is clear. We support devolution. We want it to succeed. We are going to work harder to make sure more resources go to the counties. This must begin with the devolving the Fourth Schedule fully so that agriculture, health and issues related to environment and water could fully be devolved to the counties and that governors can take full charge of those activities so that counties can develop.

Mr. Speaker, Sir, I do support and I thank you for the opportunity to contribute to this very important Bill.

including one from Makueni by me. Even up to this week, a young child was killed by an elephant somewhere around Kiboko in Makueni and a mother injured.

Mr. Speaker, Sir, when you want to sort this out, it is torn between the national government and the counties. When the residents ask who should be dealing with the payments, they say there is the role of the county and there is the role of the national government. These are some of the things which should be sorted out, so that there is a clear way on the monies associated with the counties dealing with wild animals and how KWS is going to operate within those areas. It is not clear and people are suffering from wild animals.

I have heard a number of Senators here raise issues from different counties, especially on people being killed by wild animals and yet, we have a Bill pending in this House. I had processed one at the National Assembly about snake bites. When I came to this House, I found that the Senator for Taita Taveta had brought that Bill here. A number of Kenyans are being killed by snakes and we are yet to process that Bill here so that we can have snakes as one of the animals when they injure somebody, there is compensation.

Mr. Speaker, Sir, the challenges are many. I do not want to repeat what my colleagues have already said on this Floor. I am also aware that we need to process this Bill as quickly as possible so that monies can go to the counties. A number of governors have appeared before our Committee and I believe those who had issues not appearing have no issue anymore and should be appearing so that there could be accountability.

The Senate works with audited accounts. That is how we oversight but a number of people still think we should be doing the work of county assemblies. The law is clear and our role is clear. We support devolution. We want it to succeed. We are going to work harder to make sure more resources go to the counties. This must begin with the devolving the Fourth Schedule fully so that agriculture, health and issues related to environment and water could fully be devolved to the counties and that governors can take full charge of those activities so that counties can develop.

Mr. Speaker, Sir, I do support and I thank you for the opportunity to contribute to this very important Bill.

Before I call Sen. Okoiti to make his comments, allow me to make this Communication.

Sen. Korir, kindly take your seat.

Hon. Senators, I would like to acknowledge the presence of a visiting delegation of seven teachers and 84 students from Kivulini School in Kiambu County, who are seated in the public gallery this afternoon. The delegation is visiting the Senate for an academic exposition.

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

I thought Sen. Karungo was in the House. Well, the immediate neighbour should be Nairobi. I will call upon the Senator for Nairobi City County to extend a warm welcome in under one minute.

Thank you, Mr. Speaker, Sir. You may remember that I was in Kivulini Grounds on Sunday. We had a very good time there as the Linda Mwananchi Brigade.

I take this opportunity on behalf of your Senator, Sen. Karungo Thang’wa, who has just stepped out, to welcome you to the Senate this afternoon.

I hope that you get to follow the proceedings of the House and learn a few things here and there and we pray that you are successful in your education and that some of you will find yourselves in these seats because we were where you are a few years ago. You will find yourselves in these leadership positions in this country because the future belongs to you. Do not let anyone tell you anything else.

With those remarks, Mr. Speaker, Sir, I thank you.

Sen. Okoiti Omtatah.

article, there is a requirement for legislation to provide for the control and use of public funds. That article clearly anticipates two laws.

We have ended up with one law called The Public Finance Management Act. In the process, we have lost a very big aspect of the nature and character of the Treasury at the national level and the treasury at the county level. At the national level, the Treasury for all practical purposes is the President.

Section 11 of the Public Finance Management (PFM) Act clearly states that- “(1) There is established, pursuant to Article 225 of the Constitution, an entity of the national government to be known as the National Treasury.

article, there is a requirement for legislation to provide for the control and use of public funds. That article clearly anticipates two laws.

We have ended up with one law called The Public Finance Management Act. In the process, we have lost a very big aspect of the nature and character of the Treasury at the national level and the treasury at the county level. At the national level, the Treasury for all practical purposes is the President.

Section 11 of the Public Finance Management (PFM) Act clearly states that- “(1) There is established, pursuant to Article 225 of the Constitution, an entity of the national government to be known as the National Treasury.

Sen. Omtatah, why do you want to build your house on sinking sand? Abandon that line and proceed to make comments necessary and relevant to this debate.

Mr. Speaker, Sir, I apologise and withdraw, but the point has been made.

Mr. Speaker, Sir, what I am trying to say is that at that meeting where you were, you began making a mini-budget with the President by telling him what you need. The Senate Minority Leader was also there. He also said where he needs to see a road and what else needs to be done.

I was asking myself, this is the Speaker and a Member of the Senate and Members of Parliament (MPs) in the National Assembly---

I am guided, Mr. Speaker, Sir. I apologise and withdraw.

The Senate Minority Leader was there.

In this country, we have a presidential system but we cannot shut down the Government of Kenya like it happens in the United States (US) where the government can be shut down because the budget has not been passed. We cannot do that here.

Again, I want to invoke and harass my brother bishop. There is a Bill he was supposed to bring on separating the National Treasury---

Okay, the hon. Member from Kitui County.

Bishop simply means “elder” in Greek. It does not mean anything because it is not a title of pastor. It just means an elder and this is an elder from Kitui.

Sen. Omtatah, you should not refer to your colleague as a gentleman from Kitui.

Mr. Speaker, Sir, I will differ with you there strongly because he is a gentleman from Kitui. Let us get the right terminologies to be used in this House. I understand my English. Even if you go to the Senate of the US, where we borrowed from, they refer to each other as gentleman or lady from here or there.

Sen. Omtatah, please, take your seat.

Sen. Omtatah, this is a House of rules and procedure. In this term, we are now four years down the line. By now, you must be versed with the provisions of our Standing Orders, especially the Standing Order that demands that you refer to your colleagues as hon. Senator so-and-so. It is not a directive from the Chair, but a demand by our Standing Orders. Kindly proceed to refer to the hon. Member from Kitui as hon. Sen. Enoch Wambua. Leave the issue of ladies and gentlemen to other jurisdictions.

Okay, the honourable gentleman from Kitui.

Sen. Omtatah, I have directed you.

But you have also referred to him as a man from Kitui?

Mr. Speaker, Sir, maybe I need some guidance. What is dishonourable in referring to somebody as a gentleman?

Mr. Speaker, Sir, maybe I need some guidance. What is dishonourable in referring to somebody as a gentleman?

You may proceed, Sen. Omtatah.

Thank you, Mr. Speaker, Sir. I will proceed. There was a proposal to move a Bill to help us separate the treasuries at both the national and county levels from the Executive, so that we can restore control of money through the elected assemblies and with the use of independent civil servants who enjoy security of tenure as custodians of the public purse. The only way money can be moved from the Treasury is through the budget and it must have been approved by the Controller of Budget.

Today, money is being moved from the Treasury in a manner you do not understand. If you look at the Statement of Actual Revenue and Net Exchequer Issues that is published, which is by law required to be published within 21 days of the end of each month, you will find movements of money - gazillions of monies - being moved that are not in the budget. They will do things that are not in the budget.

I have never seen domestic borrowing in any budget I have examined since 2010, yet we borrow more than a trillion shillings domestically without the approval of Parliament. Let us restore control of money. Let us drain the swamp.

The other day, I saw Senators, and all of us fought very hard to add about Kshs5 billion to the allocation to our county governments. I am doing an audit of the budget right now. I am almost halfway done and I have identified Kshs90 billion in ghost allocations. The ghost allocations are called Other Operating Expenses. In the Ministry of Interior and National Administration, Kshs14 billion is allocated. The largest allocation is for other expenses that are not defined, yet we are here struggling over Kshs5 billion or Kshs10 billion. Already Kshs90 billion, if you read through the budget, is being misallocated through something called Other Operating Expenses.

What are these other operating expenses that have no name? We require votes for everything. If you look at the ministry, you find they have covered everything that is to be covered. What are these expenses? So, we have a lot of money being stolen on the revenue side of things, forget about theft through expenditure, which in comparative terms is negligible. The theft that is happening on the revenue side is scary. This House must come up with a mechanism.

What is your point of order?

there is borrowing by the national Government without approval of Parliament, quoting Kshs1 trillion plus? Is it in order, yet the Constitution under Article 211, states that Parliament shall approve? Can he substantiate the allegation?

there is borrowing by the national Government without approval of Parliament, quoting Kshs1 trillion plus? Is it in order, yet the Constitution under Article 211, states that Parliament shall approve? Can he substantiate the allegation?

Order! Order, hon. Senators. The Member has just stated he has never withdrawn anything in his life. Allow him to stand by his assertion.

Proceed.

Order, Hon. Omtatah. You have just indicated that you are unable to substantiate instantly, and therefore, you are requesting to do so tomorrow. Very well. You may proceed to conclude your comments.

Order, Hon. Omtatah. You have just indicated that you are unable to substantiate instantly, and therefore, you are requesting to do so tomorrow. Very well. You may proceed to conclude your comments.

But the request is that I be allowed to---

Let the gadgets be actualised, the country be hooked on and I do the substantiation online for everybody to see. I will leave you to decide whether I have substantiated or not.

Let the gadgets be actualised, the country be hooked on and I do the substantiation online for everybody to see. I will leave you to decide whether I have substantiated or not.

Sen. Omtatah, you cannot dictate how this House proceeds on this matter.

I am an elected representative. I represent taxpayers and the only reason I am here is that people pay taxes. Everything else is irrelevant. When it comes to public money, I will dictate how that public money is to be used. I would rather be thrown out of this House than be part of the scam. I achieve nothing sitting in this House if it cannot control public money. I would rather be thrown out and never be a Senator in my life than be part of the scam.

That is why I am saying---

Sen. Omtatah, order! If I were you, I would have saved that energy for tomorrow when you are substantiating. You said you are unable to do so right now. Can you save that energy for tomorrow with all the gadgets? You may now proceed.

I only requested that the matter of substantiation should not be a case where I hand you a flash disk, then you come and tell us whether I have substantiated or not. I want to do it in the open, on the screens, so that every person in this country can see that I have substantiated. Our Government is engaging us in odious debt, which has not been approved by Parliament. The only reason I am here ---

Sen. Omtatah, we have concluded that matter.

Proceed to conclude your comments.

Thank you, Mr. Speaker, Sir. I am well guided. I would like to be informed by the Whip.

I have not given any permission for any information. Proceed to conclude your comments.

process, or not. He knows himself. I do not know how to refer to him, but that should be able to help us.

process, or not. He knows himself. I do not know how to refer to him, but that should be able to help us.

Proceed, Sen. Omtatah, to conclude.

He had requested to inform me. So, through the Speaker, I request that Sen. Wambua informs me.

Sen. Omtatah, you need to acquaint yourself with our Standing Orders. You are a very good debater, but you seem not to have a good grasp of our Standing Orders. Proceed with your comments and conclude.

Sen. Wambua, what is your point of information?

Thank you, Mr. Speaker, Sir. I take the Floor to inform the Senator from Busia County that---

Sen. Wambua, I have not granted you permission, neither have I posed the question to the Hon. Senator whether he is amenable to your request to inform him.

Mr. Speaker, Sir, you called me.

Yes and what you were supposed to do was to indicate that you wish to inform the Hon. Senator.

Yes.

In which case, then, I will ask him if he is amenable to your request.

He had requested it earlier, but we will be guided by you.

We have procedures.

All right, thank you.

Sen. Wambua, are you serving your third term?

Second term.

You may proceed, Senator.

You may proceed, Senator.

on how far the secretariat has gone in drafting that Bill to permanently separate the National Treasury from the National Treasury and Economic Planning, so that the National Treasury equally serves both levels of government; that, it does not serve the national Government at the expense of county governments.

I have been waiting for that Bill to be drafted for such a long time, and I hope that this time around, the Senator from Busia County will not remind us about that intention to bring that Bill to the Floor another time.

I thank you, Mr. Speaker, Sir.

on how far the secretariat has gone in drafting that Bill to permanently separate the National Treasury from the National Treasury and Economic Planning, so that the National Treasury equally serves both levels of government; that, it does not serve the national Government at the expense of county governments.

I have been waiting for that Bill to be drafted for such a long time, and I hope that this time around, the Senator from Busia County will not remind us about that intention to bring that Bill to the Floor another time.

I thank you, Mr. Speaker, Sir.

Sen. Omtatah, you may proceed.

Thank you, Mr. Speaker, Sir. Yesterday, Sen. Cherarkey referred to a very important aspect of Article 219 of the Constitution, which requires that funds be given to counties in good time. That cannot happen as long as the National Treasury is part of the national Government. The National Treasury was supposed not to be part of any government. It was supposed to be autonomous and to serve all the governments equally. The delay is caused because the national Government demands on having a full belly and a leftover before it thinks of the county governments.

A statement like the one that sometimes the President uses, that, “I have given counties money”, is not part of our anticipated constitutional framework. It is not supposed to be the President who gives money to counties. It is supposed to be the independent Treasury, which upon receiving the budget, makes sure that by the 15th of every month, the county governments are served.

So, Mr. Speaker, Sir, this is a good Bill. The efforts have been made in the Houses, here and in the National Assembly. We have this Bill and we are going to pass the money. However, we are going to lose control of the money that is going to the county governments to the governors because they are the treasurers. Consequently, the governors will use that money to do as they wish. At the end of the day, they will come here before our committees, and when they are asked the tough questions, they will say they are being extorted. So, I really pray that we drain the swamp.

Thank you, Mr. Speaker, Sir. I support this Bill.

The Mover of this Bill was the Chairperson of the Senate Standing Committee on Budget and Finance. You may now move to reply.

yet UHC workers are not the same in numbers Mandera, Kisii or Kilifi counties. It was supposed to be specific to different county governments. As such, the best place it would have served would have been under the County Government Additional Allocation Bill, 2026, where the schedule will specify the number of UHC workers in each specific county.

Subsequently, then the county governments can absorb UHC workers this year using the funds allocated in the County Government Additional Allocation Bill, 2026, but then, DORB is enhanced in subsequent year, in order to make sure that absorption is properly taken care of.

Mr. Speaker, Sir, since the matter is pretty straightforward, it covered the horizontal share of revenue and the schedules that relate to various counties and what they have benefited from, the Kshs428 billion that was the equitable share to county governments.

I beg to reply.

yet UHC workers are not the same in numbers Mandera, Kisii or Kilifi counties. It was supposed to be specific to different county governments. As such, the best place it would have served would have been under the County Government Additional Allocation Bill, 2026, where the schedule will specify the number of UHC workers in each specific county.

Subsequently, then the county governments can absorb UHC workers this year using the funds allocated in the County Government Additional Allocation Bill, 2026, but then, DORB is enhanced in subsequent year, in order to make sure that absorption is properly taken care of.

Mr. Speaker, Sir, since the matter is pretty straightforward, it covered the horizontal share of revenue and the schedules that relate to various counties and what they have benefited from, the Kshs428 billion that was the equitable share to county governments.

I beg to reply.

Before I ask the Serjeant-at-Arms to close the door, we will ring the quorum bell for two minutes.

Serjeant-at-arms, you may lock the door and draw the bar.

Clerk, kindly confirm that the system is ready, so that I put the question for voting.

Before I put the question, let me remind the nominated Senators again. I am told you are well advised.

Sen. Joyce Korir, on behalf of Bomet County, kindly proceed and cast your vote.

AYES: 27 NOES: Nil. ABSTENTION: Nil.

Order, hon. Senators, we have the division result and it is as follows-

AYES: 27 NOES: Nil. ABSTENTION: Nil.

their homes. Others are in Dubai and South Africa. I am told when Dubai was bombed, they shifted their base to South Africa, to gallivant and perambulate. They should look for those governors wherever they are. My governor has also been absent forever. Nowadays, he is an errand boy of the Cabinet Secretary of Interior and National Administration, just attending funerals.”

It was at this point that the Senator for Mandera County, the hon. Sen. Ali Roba MP, rose on a point of order pursuant to Standing Order No.105, challenging Sen. Cherarkey to substantiate his allegations that most governors reside in Dubai and South Africa and that the Governor of Nandi County has become an errand boy.

I, therefore, directed Sen. Cherarkey to substantiate his remarks as required under Standing Order No.105 (1).

Hon. Senators, as you are aware, Standing Order No. 105 (1) states as follows- “A Senator shall be responsible for the accuracy of any facts that the Senator alleges to be true and may be required to substantiate any such facts instantly”.

their homes. Others are in Dubai and South Africa. I am told when Dubai was bombed, they shifted their base to South Africa, to gallivant and perambulate. They should look for those governors wherever they are. My governor has also been absent forever. Nowadays, he is an errand boy of the Cabinet Secretary of Interior and National Administration, just attending funerals.”

It was at this point that the Senator for Mandera County, the hon. Sen. Ali Roba MP, rose on a point of order pursuant to Standing Order No.105, challenging Sen. Cherarkey to substantiate his allegations that most governors reside in Dubai and South Africa and that the Governor of Nandi County has become an errand boy.

I, therefore, directed Sen. Cherarkey to substantiate his remarks as required under Standing Order No.105 (1).

Hon. Senators, as you are aware, Standing Order No. 105 (1) states as follows- “A Senator shall be responsible for the accuracy of any facts that the Senator alleges to be true and may be required to substantiate any such facts instantly”.

Mr. Speaker, Sir, as per Standing Order No. 105 (2) , I now want to table documentation and the link that will go a long way to substantiate my assertions. If your office will need further evidence, I am willing to provide.

I beg to table.

Mr. Speaker, Sir, with my little experience in the House, Sen. Cherarkey should say verbatim what he is tabling. This is because you do not just table papers without even explaining what you are tabling.

So, I think he should be able to tell the House what he is tabling. He cannot just give you documents which, may be, are not right for your perusal

You are my good friend, Sen. Cherarkey, but I am trying to teach you how to go about the procedure.

Mr. Speaker, Sir, with my little experience in the House, Sen. Cherarkey should say verbatim what he is tabling. This is because you do not just table papers without even explaining what you are tabling.

So, I think he should be able to tell the House what he is tabling. He cannot just give you documents which, may be, are not right for your perusal

You are my good friend, Sen. Cherarkey, but I am trying to teach you how to go about the procedure.

Senator for Meru, what has just been tabled are photocopied documents. They are extracts from something I believe should be an Instagram page of Stephen Sang. This is the same governor we are talking about or it is Stephen Sang that has no relationship with this debate? I also have a link https//www//standardmedia.co.ke/https/www/standardmedia.co.ke/politics/articles/20154 1307/governorswhy north eastern-countychiefs-are facing public wrath.

That is what has been tabled. I need to look at them and make a further Communication on whether they, indeed, substantiate the allegations that have been made. Let us not waste time on this. We have better business.

Yes, Senator for Nairobi City County.

Mr. Speaker, Sir, I have also been waiting for Communication from your office about material that I submitted upon request that I substantiate. I wanted to get your direction because if you remember, I had requested the National Assembly to provide me with copies of the HANSARD of the proceedings of 3rd June, 2026. I now have extracts of that HANSARD.

I wanted your direction whether I can also table it so that my matter can also be resolved. It is like a sword of Damocles hanging over my neck. I do not know whether you will throw me out today or tomorrow. The anxiety is getting to me. I also need my case to be decided.

Thank you, Mr. Speaker, Sir. You did very well earlier when you guided me on a point of information. What Sen. Cherarkey has done, and you can guide us on this as well, is that he has tabled documents to substantiate. Compare and contrast that with what Sen. Sifuna has just said, that he has copies of the HANSARD from the National Assembly, specific documents to address a specific issue. What exactly is it that Senator for Nandi has tabled? What document is it? It is not for the Speaker to tell us what he has tabled. It is for him to say what he has tabled. The Speaker will make a determination as to whether what has been tabled is admissible or not.

To start with the matter raised by the Nairobi City County Senator, you may proceed to table the extract of the HANSARD from the National Assembly.

Now, moving on to the issue pertaining to the Senator for Nandi County; hon. Senators, I have just told you exactly what had been tabled. The honorouble Senator has decided not to tell his colleagues exactly what he is tabling. However, I have taken the liberty to tell you what he has tabled. If in his opinion what is tabled will amount to substantiation, then so be it.

As the Chair, I will rule based purely on what has been tabled, which I have told you are extracts from the Instagram page of a Stephen Sang.

The honourable Minority Leader and Sen. Cherarkey, could we settle down, please? Sen. Abass, Sen. Haji and Sen. Khalwale, please, settle down.

Honorouble Senators, we are now in the Committee of the Whole to consider the County Governments Additional Allocation Bill (Senate Bills No.8 of 2026).

Clerk, call out the clause. Clause 3

Madam Temporary Chairperson, I beg to move- THAT Clause 3 of the Bill be amended in paragraph (a) by deleting the word “Article” appearing immediately after the words “pursuant to” and substituting therefor the expression “Articles 190 and 202 (2) ”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 4

Madam Temporary Chairperson, I beg to move- THAT Clause 4 of the Bill be amended by deleting subclause (3) . (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 5

Madam Temporary Chairperson, I beg to move- Exemption.

Cap. 412A.

The Temporary Chairperson (

N

Total unconditional Additional Allocations to County Governments Allocation s for Court Fines Allocations for 20% Share of Mineral Royalties Total Unconditional Allocations Column A Column B Column C Column D

Division will be at the end. New Clause 9

Madam Temporary Chairperson, I beg to move- Exemption.

Cap. 412A.

can be

First Schedule (s. 5)

can be Conditional Additional Allocations to County Governments from the National Government's Share of Revenue for the Financial Year 2026/27 (Kenya Shillings) N County

FY 2025/26

can be Conditional Additional Allocations to County Governments from the National Government's Share of Revenue for the Financial Year 2026/27 (Kenya Shillings) N County

FY 2025/26

can be

can be Conditional Additional Allocations to County Governments from the National Government's Share of Revenue for the Financial Year 2026/27 (Kenya Shillings) N County

FY 2025/26

can be

The Temporary Chairperson (Sen. Mumma): Division will be at the end. The Third Schedule

can be Conditional Additional Allocations to County Governments from the National Government's Share of Revenue for the Financial Year 2026/27 (Kenya Shillings) N County

FY 2025/26

can be

Conditional Additional Allocations from Proceeds of Loans or Grants from Development Partners for Financial Year 2026/27 (Kenya Shillings) N County

FY 2025/26

can beThe Temporary Chairperson (

Division will be at the end. The Third Schedule

Madam Temporary Chairperson, I beg to move – THAT the Bill be amended by deleting the Third Schedule and substituting therefor the following new schedule-

can be

Conditional Additional Allocations from Proceeds of Loans or Grants from Development Partners for Financial Year 2026/27 (Kenya Shillings) N County

FY 2025/26

can be

* IDA-FLLoCA -CCRI, KUSP-UIG, KUSP-UDG, KDSP Level 1& 2, and K-WASH grants are to be allocated among county governments on the basis of the criteria set out in Section 5(2)(b) (f) (k) (m) (r),(t) and (v) of the County Government Additional Allocations Act, 2026 respectively.

Madam Chairperson, I beg to move- THAT, Clause 4 of the Bill be amended by deleting subclause

(3)

.

Division will be at the end.

can be

Conditional Additional Allocations from Proceeds of Loans or Grants from Development Partners for Financial Year 2026/27 (Kenya Shillings) N County

FY 2025/26

can be

* IDA-FLLoCA -CCRI, KUSP-UIG, KUSP-UDG, KDSP Level 1& 2, and K-WASH grants are to be allocated among county governments on the basis of the criteria set out in Section 5(2)(b) (f) (k) (m) (r),(t) and (v) of the County Government Additional Allocations Act, 2026 respectively.

(Question of the amendment proposed) The Temporary Chairperson (

The Second Schedule

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting the Second Schedule and substituting therefor the following new Schedule-

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting the First Schedule and substituting therefor the following new Schedule-

can be

FIRST SCHEDULE (s. 4)

The Second Schedule

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting the Second Schedule and substituting therefor the following new Schedule-

You may now vote.

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the County Allocation of Revenue Bill (Senate Bills No.10 of 2026) and its approval thereof with amendments.

Hon. Senators, kindly stay on for a short while because we have another vote to take when the House resumes.

Serjeant-at-Arms, you may withdraw the Bar and open the doors.

Mr. Deputy Speaker, Sir, I second.

Mr. Deputy Speaker, Sir, I beg to move that the County Governments Additional Allocations Bill, (Senate Bills No.8 of 2026) , be now read a Third Time. I request Sen. Sifuna to second.

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the County Allocation of Revenue Bill (Senate Bills No.10 of 2026) and its approval thereof with amendments.

Hon. Senators, kindly stay on for a short while because we have another vote to take when the House resumes.

Serjeant-at-Arms, you may withdraw the Bar and open the doors.

Order, Majority Leader. What were you demonstrating?

Hon. Senators, we are now reporting progress on the County Governments Additional Allocations Bill, (Senate Bills No.8 of 2026) . Proceed, Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Governments Additional Allocations Bill, (Senate Bills No. 8 of 2026) , and its approval thereof with amendments.

Mover?

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Sen. Wambua to second.

Mr. Deputy Speaker, Sir, I second.

Mr. Deputy Speaker, Sir, I beg to move that the County Governments Additional Allocations Bill, (Senate Bills No.8 of 2026) , be now read a Third Time. I request Sen. Sifuna to second.

I second.

Hon. Senators, when the Chair puts the question for Third Reading, there is a window to contribute. That is why the Chair usually pauses to see whether any Member wishes to contribute. That is from experience.

We are now reporting on the County Allocation of Revenue Bill, (Senate Bills No.10 of 2026) . Then we can do the two divisions together. Proceed, Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Allocation of Revenue Bill (Senate Bills No.10 of 2026) , and its approval thereof with amendments.

I beg to move that the House do agree with the Committee in the said report. I request Sen. Madzayo to second.

Sen. Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’ Homa Bay County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Oburu, Siaya County; Sen. Omtatah, Busia County; Sen, Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wafula, Bungoma County; and, Sen. Wambua, Kitui County.

NOES: Nil. ABSTENTIONS: Nil

Mr. Deputy Speaker, Sir, I beg to move that the County Allocation of Revenue Bill, (Senate Bills No.10 of 2026) , be now read a Third Time. I request Sen. Dullo to second.

Mr. Deputy Speaker, Sir, I second.

Hon. Senators, we are going to the two divisions. If you have the numbers, we can proceed. If not, I will ring the Division Bell for five minutes.

Serjeant-at-Arms, close the doors and roll the Bar.

NOES: Nil. ABSTENTIONS: Nil

Honourable Senators these are results of the division-

Let us go to the next Division. We are now voting on the County Allocation of Revenue Bills, (Senate Bills No. 10 of 2026) .

Proceed and vote.

Sen. Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang, Elgeyo Marakwet County; Sen. Korir, Bomet County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’ Homa Bay County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Oburu, Siaya County; Sen. Omtatah, Busia County; Sen, Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wafula, Bungoma County; and, Sen. Wambua, Kitui County.

NOES: Nil. ABSTENTIONS: Nil

Honourable Senators these are results of the division-

Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Oburu, Siaya County; Sen. Omtatah, Busia County; Sen, Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wafula, Bungoma County; and, Sen. Wambua, Kitui County.

NOES: Nil. ABSTENTIONS: Nil

Honourable Senators these are results of the division-

potential. Further, the institutions do not have adequate numbers of instructors for the effective delivery and implementation of the curriculum.

In the statement, the committee should address the following-

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries on a matter of countywide concern regarding the unlawful appointment and prolonged tenure of the resident director, Chief Executive Officer (CEO) of Agro Chemical and Food Company (ACFC) Limited in Muhoroni- Kisumu County.

The current resident director and CEO, a citizen of India, took office in October, 2011 and is currently above the mandatory retirement age of 60 years. This constitutes unlawful occupation of office for approximately 15 years against the prescribed maximum tenure of six years.

The prolonged engagement of a non-citizen is contrary to the Public Service Commission's (PSC) regulations and portrays failure of oversight by the ACFC Board, the Ministry of Agriculture and Livestock Development and other institutions in enforcing compliance with the law.

In the statement, the committee should address the following-

Mr. Deputy Speaker, Sir, I rise pursuant to standing Order No.53 (1) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries on a matter of national concern regarding the shortage of top-dressing fertiliser particularly Calcium Ammonium Nitrate (CAN) at the National Cereals and Produce Board (NCPB) depots across the country during the ongoing 2026 planting season.

Despite assurance by the Ministry of Agriculture and Livestock Development under Government subsidised fertiliser programme, farmers in key producing regions are unable to access fertiliser at a critical stage of crop development, raising concerns about

Hon. Senators, you know you are supposed to read exactly what is in your statement. You do not need to romanticise your name because we know you, Sen. Godfrey Osotsi. When reading your Statement, why should you say you are the one reading yet everybody in the country knows you? Why should you sign and you are the one reading, not on behalf?

Sen. Joe Nyutu, proceed.

Next is Sen. Shakila Abdalla.

Last but not least, Sen. Hamida Kibwana, on behalf of Sen. Edwin Sifuna.

Thank you, Mr. Deputy Speaker, Sir. I will read this statement on behalf of Sen. Edwin Sifuna.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Land, Environment, and Natural Resources on a matter of national concern regarding the current state of gazetted forests, national parks and other conservation areas in the country.

Kenya's forests and conservation areas are critical to climate resilience, biodiversity protection, water security and the general ecological well-being of the country. However, the continued loss of forest cover through deforestation, excision, and degazetment of protected areas poses a serious threat to environmental sustainability, livelihoods, and the rights of present and future generations.

The matter is further aggravated where protected areas are excised or degazetted to pave way for developments that do not serve conservation purposes, including safe lodges, convention centres and other infrastructure.

In the statement, the committee should address the following-

Sen. Omtatah, you can read the two statements one after the other.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries on a matter of countywide concern regarding the unlawful appointment and prolonged tenure of the resident director, Chief Executive Officer (CEO) of Agro Chemical and Food Company (ACFC) Limited in Muhoroni- Kisumu County.

The current resident director and CEO, a citizen of India, took office in October, 2011 and is currently above the mandatory retirement age of 60 years. This constitutes unlawful occupation of office for approximately 15 years against the prescribed maximum tenure of six years.

The prolonged engagement of a non-citizen is contrary to the Public Service Commission's (PSC) regulations and portrays failure of oversight by the ACFC Board, the Ministry of Agriculture and Livestock Development and other institutions in enforcing compliance with the law.

In the statement, the committee should address the following-

Next is Sen. Godfrey Osotsi.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Roads, Transportation and Housing on a matter of countywide concern regarding the status of the proposed construction of the Standard Gauge Railway (SGR) from Maai Mahiu to Malaba, which is expected to pass through Vihiga County.

The extension of the SGR to Malaba is a major national infrastructure project with a significant implication for transport, trade, land use, settlement patterns, livelihoods and local economic development in the counties through which it will pass.

In Vihiga County particularly, in Luanda Sub-county, residents and stakeholders have raised concerns regarding the proposed route, land acquisition, compensation, public participation and the reported exclusion of Luanda from plans for railway station development.

In the statement, the committee should address the following-

Hon. Senators, you know you are supposed to read exactly what is in your statement. You do not need to romanticise your name because we know you, Sen. Godfrey Osotsi. When reading your Statement, why should you say you are the one reading yet everybody in the country knows you? Why should you sign and you are the one reading, not on behalf?

Sen. Joe Nyutu, proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Land, Environment and Natural Resources on a matter of country-wide concern regarding the indiscriminate dumping of untreated waste by avocado processing factories operating within Kandara and Maragua sub-counties in Murang’a County.

The disposal of large quantities of sludge and waste in open sites near schools, homes, farms and water sources, particularly at Bloom's Wempa, adjacent to Peter Kariuki Primary and Secondary Schools, and at a former quarry near AAA Growers in Maragua Sub-county, poses grave environmental, public health and safety risks to residents, school-going children and surrounding communities.

In the statement, the committee should address the following-

Last but not least, Sen. Hamida Kibwana, on behalf of Sen. Edwin Sifuna.

Thank you, Mr. Deputy Speaker, Sir. I will read this statement on behalf of Sen. Edwin Sifuna.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Land, Environment, and Natural Resources on a matter of national concern regarding the current state of gazetted forests, national parks and other conservation areas in the country.

Kenya's forests and conservation areas are critical to climate resilience, biodiversity protection, water security and the general ecological well-being of the country. However, the continued loss of forest cover through deforestation, excision, and degazetment of protected areas poses a serious threat to environmental sustainability, livelihoods, and the rights of present and future generations.

The matter is further aggravated where protected areas are excised or degazetted to pave way for developments that do not serve conservation purposes, including safe lodges, convention centres and other infrastructure.

In the statement, the committee should address the following-

Thank you. Hon. Senators, I will now rearrange the sequence of the Order Paper. I defer Order Nos. 11 to 27 and ask the Clerk to call the next Order. My apologies.

uko sehemu za nyanja ya juu. Watu wanaambiwa stori nyingi. Wengine wanatumia hela nyingi.

Wengine wanapelekwa mahali ambapo hapana huduma za kiafya zinazofaa kusimamia na kutibu shida kama hizi. Hii imekuwa ni shida kwa wananchi wetu wa hapa Kenya na watu wa Tana River wenye matatizo ya kukosa mtoto kwa sababu ya udhaifu wa kuzalisha ama kubeba mimba.

Sheria hii ninayosimama kuiunga mkono kwa dhati imekuja ili tuhakikishe ya kwamba wananchi walio na shida kama hizi wanapata suluhisho bila kushindwa, kuteswa au kutumiwa vibaya. Teknolojia iliyopo Kenya, Afrika Mashariki na hata Afrika nzima sasa inaweza kusaidia wananchi. Watu wamesomea udaktari na teknolojia ya hali ja juu na watu wameweza kupata usaidizi.

Thank you, Sen, Eddy. I have heard you, but unfortunately, you were not in the House when the Speaker made a ruling that he was rearranging the Order Paper, that Statements will be read at this time and there will be no contributions to the Statements. So, that ruling has already been made, unfortunately. So, we will go to the next order.

Proceed, Sen. Mumma.

nafasi ya kujisaidia. Vilevile itazuia mambo mengine ambayo watu wabaya wanaweza kutumia kufanya kutokana na shida ambazo wananchi wanapitia.

Kwa hivyo, Bw. Spika wa Muda, nawasihi wenzangu tupitishe Mswada huu. Naomba sana wenzangu katika Seneti tupitishe Mswada huu kwa sababu kuna kitengo cha wananchi ambao wanasumbuka. Kuna walaghai ambao wameingia katika kitendo hicho na kujaribu kupata pesa kutumia shida za wananchi hao. Sasa tutakuwa na mwelekeo wa kisawasawa.

Ukienda hospitalini, utaelezewa jinsi utakavyofanya. Sheria ambayo itatumika itaenda hadi kwenye hospitali za wananchi wa kawaida. Kwa mfano, ukienda katika hospitali kubwa zaidi kule Hola katika Kaunti ya Tana River, ikiwa huwezi kupata watoto, sheria hii itasaidia watu kwenda kule na kusaidika bila kutoa pesa nyingi. Sisi tunataka sana sheria hii iwasaidie watu wetu.

Kabla sijaketi, ningependa kusihi Wabunge wenzangu kuunga mkono Mswada huu. Pengine mimi na wewe hatuna shida lakini kuna baadhi yetu wana shida. Kazi tutakayoifanya leo ya kupitisha Mswada huu huenda itatuongezea alama mbele ya Mwenyezi Mungu. Ukiulizwa ulipokuwa katika Seneti ni kitu gani kingine ulifanya---

Mr. Temporary Speaker, Sir, I do not understand why we are being hurried to finish this process. I will spend a few minutes, but I really do not understand why that limitation should be there because this is a Bill that seeks to address serious challenges.

Mr. Temporary Speaker, Sir, are you aware that there are women who have been sent out of their marriages because they cannot conceive? That is a discussion that we would have had adequate time to contribute to and support this Bill. While that may be, let me commend Sen. Catherine Mumma, the co-sponsor, and the sponsor from the National Assembly, Hon. Millie Odhiambo, a legislator I admire.

Yesterday, I had the opportunity to interact with her and share her book, "Rig or be Rigged." Therefore, I had to support this Bill because it addresses a challenge that people do not want to discuss, yet it is very prevalent in our communities. We have people who are practising assisted reproduction and we are not talking about it.

Just communicate to the Chair. Do not mind the other ---

Hon. Deputy Speaker, it is because Hon. Eddy is interfering with Sen. Mungatana whom I would like to second this Bill.

Just pronounce yourself that you want Sen. Mungatana to second the Bill.

As I finalise, the Bill prohibits certain activities that would actually violate rights. It protects rights for those who would be vulnerable and need protection, for instance, parents, surrogates, donors and children. It also facilitates issues relating to access to information while also providing for confidentiality. It also brings a regulatory framework on licensing for those who would practise in relation to these technologies.

Therefore, with all of that, I wish to call upon Sen. Mungatana to second. I thank you.

wenzao, wanaitwa wababaz, ili apate watoto. Walakini, katika teknolojia hii, hata kama huwezi kupata mtoto, hutakuja kwa mzee kama mimi ili nikupatie mbegu. Unaweza kutafuta mtu wako upate mbegu na kupandikiziwa mtoto.

Sitaki kuendelea zaidi ya hapo kwa sababu muda umeisha. Asante, Mhe. Spika wa Muda.

uko sehemu za nyanja ya juu. Watu wanaambiwa stori nyingi. Wengine wanatumia hela nyingi.

Wengine wanapelekwa mahali ambapo hapana huduma za kiafya zinazofaa kusimamia na kutibu shida kama hizi. Hii imekuwa ni shida kwa wananchi wetu wa hapa Kenya na watu wa Tana River wenye matatizo ya kukosa mtoto kwa sababu ya udhaifu wa kuzalisha ama kubeba mimba.

Sheria hii ninayosimama kuiunga mkono kwa dhati imekuja ili tuhakikishe ya kwamba wananchi walio na shida kama hizi wanapata suluhisho bila kushindwa, kuteswa au kutumiwa vibaya. Teknolojia iliyopo Kenya, Afrika Mashariki na hata Afrika nzima sasa inaweza kusaidia wananchi. Watu wamesomea udaktari na teknolojia ya hali ja juu na watu wameweza kupata usaidizi.

Hon. Senators, we are rearranging the sequence and moving on to Order No.28.

Mr. Temporary Speaker, Sir, I do not understand why we are being hurried to finish this process. I will spend a few minutes, but I really do not understand why that limitation should be there because this is a Bill that seeks to address serious challenges.

Mr. Temporary Speaker, Sir, are you aware that there are women who have been sent out of their marriages because they cannot conceive? That is a discussion that we would have had adequate time to contribute to and support this Bill. While that may be, let me commend Sen. Catherine Mumma, the co-sponsor, and the sponsor from the National Assembly, Hon. Millie Odhiambo, a legislator I admire.

Yesterday, I had the opportunity to interact with her and share her book, "Rig or be Rigged." Therefore, I had to support this Bill because it addresses a challenge that people do not want to discuss, yet it is very prevalent in our communities. We have people who are practising assisted reproduction and we are not talking about it.

It is time that this conversation be opened, so that we assist people who want to conceive and bring children to life, so that their homes are not broken and they are not sent out of their marriages, because having children is a blessing. It is very unfortunate when someone is unable to have children and they are segregated from others because of that. The reason I had to speak about this is that it provides a solution to the challenge I have just mentioned.

Since we have limited time, allow me to say I support the Bill on that basis, that we will assist several families out there. People want to protect certain attributes they love. The moment you advance in age, you face certain challenges. I might not mention them at this time, but I support this, Bill.

Thank you.

Thank you. Proceed, Sen. Mwaruma.

Madam Temporary Speaker, this Bill seeks to amend the County Governments Act, Cap 26 of the Laws of Kenya and the Public Appointments County Assembly's Approval Act, Cap 265(b). The amendments aim to enhance the legislative process at the county level by ensuring timely assent and publication of Bills mandating governors to deliver state of the county addresses before assemblies, establishing clear timelines for the nomination and approval of County Executives Committee Members (CECMs) and Chief Officers, aligning County Public Service Board (CPSB) terms with electoral cycles, restricting pre-election appointments, introducing periodic county public service audits and deeming nominations approved if assemblies fail to act within the specified period. These proposed changes are intended to promote efficiency, accountability and better governance in county administration.

The intention of amending the County Governments Laws (Amendment) Bill was brought about by a problem that we faced this term in the Senate when certain governors, after the election, took almost two years to appoint Chief Officers. In some of the defenses, they kept telling the Senate that they were having problems with the County Public Service Board (CPSB).

I do not want to take much time and I will ask Senators to read this Bill. In amending this Bill, we will be able to bring efficiency in the county governments and task governors in following the law because the laws as it is now, is silent on some of these matters.

The County Governments Act as it is right now, provides the framework for the establishment functions and operations of county governments. The key sections which the Bill seeks to amend include Section 24, which outlines the process of assent to Bills passed by county assemblies. We have seen and we have heard from the county assemblies that they have been passing Bills at the assemblies and the governors are sitting on the Bills, and they do not see the light of day.

There is also Section 25, which requires that legislation passed by the county assembly is amended for the governor to publish in both the County Gazette and the Kenya Gazette.

Section 30 requires governors to deliver annual state of the county address, but does not specify the forum. I remember hearing on this Floor of the House we have had governors addressing the county assembly under a tree in some counties. We have also seen some county assemblies holding two forums one at the county assembly and another one outside the assembly. This law will regularise that.

Section 35 provides for the appointment of County Executive Committee Members (CECMs) without explicit timelines for nomination and approval post swearing-in or after the elections. Section 42 requires the constitution of a new county executive committee after an election to be finalised within 21 days of the swearing-in of the Members County Assembly (MCAs), a timeline that is inconsistent with the Public Appointments Approval Act and has been found to be insufficient.

Section 45, which deals with the county chief officers lacks caps on their numbers and approved timelines. In this Bill, we have amended and proposed that the number of county officers be pegged at 20.

During the public participation when the county the Council of Governors (CoG) appeared, they said for some counties which is understandable, the number 20 or 14 will be very small. Nairobi City County, for example, which is quite a big with a huge budget might require a bit more. That is something open for discussion with the Senators and during amendments we can see if we can we can increase the number of chief officers.

Section 58 sets a six-year non-renewable term for county public service boards without alignment to electoral cycles. In the amendment, we noted that the office of the governor is a political office. We understand that governors go through an election cycle and when they campaign, they make promises, a major one being employment of youths and residents at the county government.

We have seen that after every election, there seems to be a disconnect between the CPSB and the governor because the CPSB was appointed by the previous governor. So, we thought that we should put a clause to enable a newly elected governor to appoint a new County Public Service Board (CPSB), but within a period of time. We have allowed that he or she can keep the board for a period of six months after the elections. Section 58A provides for the governor to nominate members to a selection panel for selecting suitable candidates as members of the CPSB only when a vacancy arises. However, it does not require such nominations after a general election. Section 63 restricts certain appointments during election periods but allows exceptions for continuity.

Madam Temporary Speaker, Sir, the other thing that we have noticed in the period of time that we have been in the Senate is that towards the election, governors tend to break the laws by hiring a lot of people as a promise for them to be re-elect again. We have realised that this usually affects the ceiling. When a new governor comes in the next election, he or she finds a bloated human resource at the county level.

Currently, Section 86 does not mandate periodic audits of the CPSBs. We have also included a clause to allow the National Public Service Board to conduct an audit of all the 47 counties to ensure that the people who have been employed as civil servants in the county governments meet the requirements and the set laws. Therefore, by aligning public service board terms with the---

My apologies. I believe that the amendments will enhance the legislative process at the county level.

I ask Senators to support this Bill. I also believe that probably, Senators have different experiences from the different counties they come from. Therefore, they will be able to provide further amendments to this Bill. This is so that we can improve it further and ensure that we take care of any loopholes that are there those governors or executives take advantage of.

With those few remarks, I ask Sen. Eddy Oketch to second this Bill.

Madam Temporary Speaker, it is a privilege to second this Bill. This is because governors have struggled with the concept of service to the extent that the relationship between them, Members of the County Assemblies (MCAs) and the CPSBs has been very adversarial and dictatorial. In most cases, the governors will must always happen to the extent that the legislative process and accountability framework that should be done by county assemblies has not taken root.

Thank you, Mr. Temporary Speaker, Sir. I am moving to reply, just to thank all the Senators who have contributed positively to this Bill, and who acknowledge that we will be doing ourselves as a nation a big favour if we pass this law, so that the science, technologies and advancements in matters relating to fertility can benefit Kenyan men and women, and that this is within our culture. Surrogacy existed in some of our cultures and it is something we need to embrace and support as a country. I expect when we reach to move to the next stage of this Bill, that every Senator will see the value of this Bill and embrace it.

I therefore reply, and wish to request the Hon. Speaker that the putting of the question be deferred.

Thank you, Mr. Temporary Speaker, Sir.

The putting of the question is hereby deferred.

Thank you, Madam Temporary Speaker and Sen. Oketch for seconding the Bill.

County governments play a pivotal role in devolved governance. This Senate should act to regularise the laws which have already been passed in order to cover the loopholes which the governors have been taking advantage of since 2013 when we passed the new Constitution.

Laws are there to be amended over time. It is time that we amended several laws, including the Public Finance Management (PFM) Act. There seems to be many loopholes that the governors are taking advantage of. We have also seen a lot of loopholes in the employment of county staff. The law does not state the number of advisors a county governor can have. We have seen some governors in counties having four advisors while others have up to 30. This is actually an abuse of the mandate that they have been given by the people.

For us as a Senate, the purpose of amending the laws as we move forward is to ensure that county governors are held to account for the mandate given to them after elections.

Sen. Haji, please proceed.

Thank you, Madam Temporary Speaker. Madam Temporary Speaker, I beg to move that the County Governments Laws (Amendment) Bill (Senate Bills No.14 of 2025) and request for it to be read now a Second Time pursuant to Standing Order No.146 of the Senate Standing Orders.

Madam Temporary Speaker, this Bill seeks to amend the County Governments Act, Cap 26 of the Laws of Kenya and the Public Appointments County Assembly's Approval Act, Cap 265(b). The amendments aim to enhance the legislative process at the county level by ensuring timely assent and publication of Bills mandating governors to deliver state of the county addresses before assemblies, establishing clear timelines for the nomination and approval of County Executives Committee Members (CECMs) and Chief Officers, aligning County Public Service Board (CPSB) terms with electoral cycles, restricting pre-election appointments, introducing periodic county public service audits and deeming nominations approved if assemblies fail to act within the specified period. These proposed changes are intended to promote efficiency, accountability and better governance in county administration.

The intention of amending the County Governments Laws (Amendment) Bill was brought about by a problem that we faced this term in the Senate when certain governors, after the election, took almost two years to appoint Chief Officers. In some of the defenses, they kept telling the Senate that they were having problems with the County Public Service Board (CPSB).

I do not want to take much time and I will ask Senators to read this Bill. In amending this Bill, we will be able to bring efficiency in the county governments and task governors in following the law because the laws as it is now, is silent on some of these matters.

The County Governments Act as it is right now, provides the framework for the establishment functions and operations of county governments. The key sections which the Bill seeks to amend include Section 24, which outlines the process of assent to Bills passed by county assemblies. We have seen and we have heard from the county assemblies that they have been passing Bills at the assemblies and the governors are sitting on the Bills, and they do not see the light of day.

There is also Section 25, which requires that legislation passed by the county assembly is amended for the governor to publish in both the County Gazette and the Kenya Gazette.

Section 30 requires governors to deliver annual state of the county address, but does not specify the forum. I remember hearing on this Floor of the House we have had governors addressing the county assembly under a tree in some counties. We have also seen some county assemblies holding two forums one at the county assembly and another one outside the assembly. This law will regularise that.

Section 35 provides for the appointment of County Executive Committee Members (CECMs) without explicit timelines for nomination and approval post swearing-in or after the elections. Section 42 requires the constitution of a new county executive committee after an election to be finalised within 21 days of the swearing-in of the Members County Assembly (MCAs), a timeline that is inconsistent with the Public Appointments Approval Act and has been found to be insufficient.

Section 45, which deals with the county chief officers lacks caps on their numbers and approved timelines. In this Bill, we have amended and proposed that the number of county officers be pegged at 20.

During the public participation when the county the Council of Governors (CoG) appeared, they said for some counties which is understandable, the number 20 or 14 will be very small. Nairobi City County, for example, which is quite a big with a huge budget might require a bit more. That is something open for discussion with the Senators and during amendments we can see if we can we can increase the number of chief officers.

Section 58 sets a six-year non-renewable term for county public service boards without alignment to electoral cycles. In the amendment, we noted that the office of the governor is a political office. We understand that governors go through an election cycle and when they campaign, they make promises, a major one being employment of youths and residents at the county government.

We have seen that after every election, there seems to be a disconnect between the CPSB and the governor because the CPSB was appointed by the previous governor. So, we thought that we should put a clause to enable a newly elected governor to appoint a new County Public Service Board (CPSB), but within a period of time. We have allowed that he or she can keep the board for a period of six months after the elections. Section 58A provides for the governor to nominate members to a selection panel for selecting suitable candidates as members of the CPSB only when a vacancy arises. However, it does not require such nominations after a general election. Section 63 restricts certain appointments during election periods but allows exceptions for continuity.

Madam Temporary Speaker, Sir, the other thing that we have noticed in the period of time that we have been in the Senate is that towards the election, governors tend to break the laws by hiring a lot of people as a promise for them to be re-elect again. We have realised that this usually affects the ceiling. When a new governor comes in the next election, he or she finds a bloated human resource at the county level.

Currently, Section 86 does not mandate periodic audits of the CPSBs. We have also included a clause to allow the National Public Service Board to conduct an audit of all the 47 counties to ensure that the people who have been employed as civil servants in the county governments meet the requirements and the set laws. Therefore, by aligning public service board terms with the---

My apologies. I believe that the amendments will enhance the legislative process at the county level.

I ask Senators to support this Bill. I also believe that probably, Senators have different experiences from the different counties they come from. Therefore, they will be able to provide further amendments to this Bill. This is so that we can improve it further and ensure that we take care of any loopholes that are there those governors or executives take advantage of.

With those few remarks, I ask Sen. Eddy Oketch to second this Bill.

Madam Temporary Speaker, it is a privilege to second this Bill. This is because governors have struggled with the concept of service to the extent that the relationship between them, Members of the County Assemblies (MCAs) and the CPSBs has been very adversarial and dictatorial. In most cases, the governors will must always happen to the extent that the legislative process and accountability framework that should be done by county assemblies has not taken root.

In fact, in our counties, MCAs only play a representative role. If you look at the legislative process, a simple issue like MCAs being able to figure out different laws that will run the county efficiently does not get publicised or take root.

The worst part is that there is no predictable way which they can pass these laws. They know that governors would assent to them and make them laws in most cases, where they have personal interests with the legislative process. For example, when they want a fund created or give land to different people in the private sector, they will listen to MCAs and pass those laws.

This is a very important piece of legislation that will make sure legislation takes root in the county. Most importantly, even on the issue of the public service boards in the county, you will find that where this law does not exist, the sitting governor will always have problems and victimisation against anybody they do not like in these boards.

It does not make sense for an overlap. It is important that we ensure that the public service board aligns with the needs of the county going forward. It should make it easy for the governor to operate and have an amicably relationship.

Madam Temporary Speaker, I know that time is stretched and we are going on recess. We should ensure that we pass this Bill before going on recess, so that we can make counties efficient.

Therefore, I second this Bill in totality. Thank you. (The Clerk-at-the-Table consulted with the Temporary Speaker)

There is no one to contribute so I will call upon the Mover to reply.

Thank you, Madam Temporary Speaker and Sen. Oketch for seconding the Bill.

County governments play a pivotal role in devolved governance. This Senate should act to regularise the laws which have already been passed in order to cover the loopholes which the governors have been taking advantage of since 2013 when we passed the new Constitution.

Laws are there to be amended over time. It is time that we amended several laws, including the Public Finance Management (PFM) Act. There seems to be many loopholes that the governors are taking advantage of. We have also seen a lot of loopholes in the employment of county staff. The law does not state the number of advisors a county governor can have. We have seen some governors in counties having four advisors while others have up to 30. This is actually an abuse of the mandate that they have been given by the people.

For us as a Senate, the purpose of amending the laws as we move forward is to ensure that county governors are held to account for the mandate given to them after elections.

Madam Temporary Speaker, I thank Sen. Eddy and seek to move to reply, and request that we defer putting of the question to a later day.

Thank you.

It is so deferred.

Hon. Senators, it is now 6.30 p.m. time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Thursday, 18th June, 2026 at 2.30 p.m.

The Senate rose at 6.30 p.m.