THE PARLIAMENT OF KENYA
THE SENATE
THE HANSARD
THIRTEENTH PARLIAMENT
Fifth Session
Wednesday, 18th February, 2026 at 9.30 a.m.
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PARLIAMENT OF KENYA
Wednesday, 18th February, 2026
DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING
Clerk, do we have quorum?
Serjeant-at-Arms, ring the Quorum Bell for 10 minutes.
Serjeant-at-Arms, ring the Quorum Bell for a further10 minutes.
If we have quorum now, call out the first Order.
Majority Leader, you have a couple of papers to lay this morning. Yes, Deputy Majority Whip, proceed.
PAPERS LAID
REPORTS OF THE AUDITOR-GENERAL ON FINANCIAL STATEMENTS OF VARIOUS ENTITIES
Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday, 18th February, 2026-
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ADOPTION OF REPORT ON PETITION ON NON-PAYMENT OF OUTSTANDING TERMINAL BENEFITS AND MAZIWA SACCO DUES TO FORMER EMPLOYEES OF KCC LTD
Chairperson Standing Committee on Labour and Social Welfare. This business has been on the order for the last couple of days. I request that if there is any Member of that committee here, they move the Motion now.
Mr. Deputy Speaker Sir, I beg to move the following Motion:- THAT, the Senate adopts the Report of the Standing Committee on Labour and Social Welfare on a petition to the Senate by employees of the former Kenya Cooperative Creameries Limited (KCC) concerning non-payment of outstanding terminal benefits and Maziwa Savings and Credit Cooperative Organizations (SACCOs) dues to former employees of Kenya Cooperatives Creameries Ltd, laid on the Table of the Senate on Thursday, 27th November, 2025.
As the Committee on Labour and Social Protection of this honourable House, we were made aware of the employees who were laid off and the liability of their dues was said not to be part of the New KCC. We then called the relevant department in the
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Mheshimiwa Naibu Spika, asante kwa kunipa fursa hii. Sen. Miraj, kwa hakika, ameniita ghafla kuunga mkono ripoti hii. Hata hivyo, nilikuwa mwanakamati wa Leba na Ustawi wa Jamii mpaka mwaka jana nilipohamishwa kupelekwa katika Kamati ya Ardhi, Mazingira na Maliasili.
Masuala ya wafanyakazi wa KCC ni ya kusikitisha kwa sababu walifanya kazi kwa muda wa miaka mingi na shirika hilo. Baadaye shirikia lilifilisika na Serikali ikaanzisha shirika la New KCC ambalo mpaka sasa linaendelea kufanya kazi.
Jambo la kusikitisha pia ni kwamba rasilmali za KCC ndizo zilipelekwa katika shirika la New KCC lakini malimbikizi ya mishahara na pesa walizokuwa wamehifadhi pamoja na malipo ya uzeeni hazikupelekwa katika shirika lile jipya.
Wale wafanyakazi wa zamani wa KCC waliachwa nje na wengi wako katika hali ya uchochole hivi sasa. Hata fedha walizokuwa wameweka katika Sacco yao pia hazikulipwa. Ni dhahiri shahiri kuwa zile pesa za Sacco zilikuwa za wafanyikazi wale.
Suala lilipelekwa kwa Mwanasheria Mkuu na mahakamani ikaamua kuwa wanastahili kulipwa zile pesa ambazo walikuwa wanadai kama mishahara, pensheni na zile za Sacco.
Hawa wafanyakazi walipokuja mbele ya Kamati ya Leba na Ustawi wa Jamii, Serikali ilipewa fursa kuja kujitetea na hawakutoa mwongozo wowote ila kusema hakukuwa na fedha kama hizo. Hivi sasa, Shirika la New KCC ni katika mashirika ambayo yako mstari wa mbele kubinafsishwa. Serikali haijaona umuhimu wa kulipa wafanyikazi wale mishahara yao waliokuwa wameifanyia kazi kabla ya shirika kufilisika.
Ninaunga mkono Ripoti hii. Serikali katika mapendekezo, ipewe muda maalumu wa kuwalipa hawa malimbikizi ya mishahara yao na malipo mengine. Hakuna faida kwamba sasa shirika la New KCC linafanya kazi, Serikali imewekeza fedha nyingi, imenunua mitambo ya kisasa ya kuhifadhi maziwa. Vile vile wametoa pesa nyingi za kulipa wafugaji ili maziwa yaweze kupelekwa kwa wingi pale lakini kulipa wafanyikazi wa zamani limekuwa donda sugu kwa Serikali. Serikali iwalipe kwa haraka hawa wafanyikazi wa zamani wa KCC.
Kiwanda kimoja cha New KCC kiko katika Kaunti ya Mombasa eneo la Miritini karibu na stesheni ya Standard Gauge Railway (SGR) . Ni masikitiko kwamba wale wafanyikazi wa zamani wengi tunawaona kule wakiishi katika hali ya uchochole wakati Serikali inaendelea kuweka pesa katika shirika la New KCC lakini hawako tayari kulipa wafanyikazi wale.
Ninaunga mkono.
Sen. Mundigi Alexander, please proceed.
Asante, Bw. Naibu Spika, kwa kunipa nafasi niweze kuchangia huu mjadala kuhusu wafanyikazi wa KCC. Nashukuru wanakamati wa Kamati
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Sen. Maanzo Daniel, please proceed.
Thank you, Mr. Speaker, Sir. I rise to support this Motion. I had the benefit of working as a Cooperative Secretary in the Republic of Kenya, in the Ministry of Co-operatives and Micro, Small and Medium Enterprises (MSME) Development. The KCC, New KCC and Maziwa SACCO, fall under the Ministry of Co- operatives and Micro, Small and Medium Enterprises (MSME) Development, which has a very small budget every year.
This is a clear matter. When the KCC was sold, the New KCC did not take its liabilities. However, their liabilities were obvious and were stated before the sale. Therefore, just like many other institutions in the Republic, there is a clear law on this. Although the matter had been to the courts, it is clear that finally the courts ruled in the favour of the claimants. Once that decision has been made, the Ministry of Co-operatives
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Sen. Maanzo, there is a point of order from Sen. Munyi Mundigi.
Bw. Naibu Spika---
On a point of clarification, Mr. Deputy Speaker, Sir.
Sen. Mundigi, amemaliza. Maybe you are on a point of clarification. What do you want? You cannot prosecute a point of order now, unless it is a point of clarification or something else.
Bw. Naibu Spika, naomba nimuelezee kidogo.
Lakini hayuko kwa sakafu.
Bw. Naibu Spika, ukinipatia ruhusa hakuwa ameketi chini. Naomba nimfafanulie.
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Utaratibu hauruhusu ufungue hilo jambo tena.
Next is Sen. Karungo Thangw’a Paul. Yes, Senator. Just a minute, Sen. Karungo Thang’wa.
Mheshimiwa Naibu Spika, namuuliza Sen. Maanzo, je ni sawa kuwa na nyota bila ya mwezi?
Unamwuliza nini?
Amezungumzia mambo ya nyota, je, unaweza kuzungumzia nyota bila mwezi?
Sen. Maanzo.
Mr. Deputy Speaker, Sir, in the creation theory in the Quran and also the Bible, the stars existed even before the moon and the sun were created. All that I am saying is, the Constitution of the Republic of Kenya must be followed. The country must be run in a fair way. The Government must compensate these people. That is why they have come to the Standing Committee on Labour and Social Welfare. This committee must order the Ministry of Labour and Social Protection to budget and pay these people. Otherwise, there is no need to debate here if these people will never be compensated.
I thank you.
Sen. Mundigi, what is it? What clarification are you seeking?
Bw. Naibu Spika, umeruhusu Sen. Maanzo ajieleze. Naomba kumjibu kidogo tu. Kuna tofauti ya Nyota na mambo ya KCC. Watu walifanya kazi mbaya kwa kampuni ya KCC. Raisi wa Kenya ameona asaidie vijana wetu katika kaunti 47. Watu waliokuwa KCC walikuwa wezi. Huwezi kulinganisha KCC na mambo ya Nyota ya Serikali ya Kenya Kwanza.
Wewe ni mmoja wa wanachama wa Kamati ya Leba na Ustawi wa Jamii sio? Ripoti imeeleza kuwa hawa wafanyikazi walikuwa wezi ama umetoa ripoti hiyo wapi?
Bw. Naibu Spika, nilikuwa namjibu Sen. Maanzo kwa sababu alilinganisha KCC na Nyota. Hakuna mahali zinafanana kwa sababu zile pesa ziliporwa.
Sawa. Hapo ameelewa vizuri. Sen. Karungo, proceed.
Thank you very much, Mr. Deputy Speaker, Sir. As I rise to support the Motion and the Report by the Standing Committee on Labour and Social Welfare, even before I give my contribution, today is Ash Wednesday. I am a Catholic and today marks the beginning of the Lent period. For the first time in the history of Christianity and Islam, our Lent period has coincided with Ramadhan. You can imagine that both Christians and Muslims are fasting at the same time in this month of Ramadhan and Lent. This is the time that this country will receive many blessings because together we are doing one thing at the same time.
It is very sad for the ex-employees of KCC to fight for their dues, which are legally embedded in their job description. The Employment Act and the Transfer of Businesses Act have been speaking about their dues amounting to Kshs204 million. That
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Next is Sen. Wambua Enock, Deputy Minority Leader.
Thank you, Mr. Deputy Speaker, Sir, for this opportunity to make my comments regarding the Motion before us. I will begin by wishing our Catholic brothers and sisters and the Catholic faithful, a happy Ash Wednesday at the beginning of the month of Lent. To the Catholics in Kitui County led by our Bishop Joseph Mwongela and the Catholics in the country, I wish them a happy Ash Wednesday and prosperity in the month of Lent. At the same time, I also wish our brothers and sisters, the Muslim community, a happy Ramadan.
Having said that, I will say a few things about the Motion before us. I have had the opportunity to look at the reports of the committee. We must all be taken aback that 20 years down the line, we have former employees of an institution known by law and running legally that have been denied access to their benefits and dues. Some of these things can only happen in Kenya, honestly. Where people put in their labour, people are deducted money from their salaries for their final benefits, including deductions to their SACCO and someone just wakes up and says; we do not know who you are and we cannot pay you.
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The Chairperson of the Standing Committee on Labour and Social Welfare is in the House. I hope you are following up on the debate from the Senators and also taking notes.
Next is Sen. Methu John.
Thank you very much, Mr. Deputy Speaker, Sir, for this opportunity to rise and support this particular report and Motion by the Senate Standing Committee on Labour and Social Welfare. Please allow me to join my colleagues in wishing the Catholics a happy Ash Wednesday as they start their Lent season. I am not so sure, but I think Ramadan is also starting at the same time, so I also wish our brothers a happy Ramadan.
Mr. Deputy Speaker, Sir, just like Sen. Wambua, I am half-hearted of what to say about the recommendations in this particular Petition that had been sought by the former KCC employees. First, this is an extremely sad case and situation. I want to correct Sen. Wambua, who actually said that it was a 20-year wait. It is actually not a 20-year wait. This is the 22nd year since the assets of KCC were transferred to the New KCC.
Looking at the recommendations that have been made by the Standing Committee on Labour and Social Welfare, with tremendous respect to the Chairperson, the committee Members and every Senator who is in this House, I actually feel that the prayers that have been sought by the petitioners have honestly not been addressed by the recommendations that have been made by the committee.
They have made four recommendations and the only one which actually attempts to resolve and answer the prayer is recommendation A, and I will read-
“The Cabinet Secretary in the Ministry of Cooperative and Micro-, Small and Medium Enterprises (MSME) Development fast-tracks the workings of the inter-ministerial committee to validate the claims and develop a concrete, time- bound settlement plan for the former KCC employees and provide mandatory reports to the committee until the matter is resolved.”
This looks like the recommendations that were made by the Court of Appeal when they were overturning the decision of the lower court and the Committee on Labour and Social Welfare, which had actually granted the prayers of the petitioners, to pay the dues that were owed to the former employees of the KCC.
In the recommendations that were made by the Court of Appeal was that the Attorney-General should---
Majority Whip, you are intercepting the thinking of the hon. Senator for Nyandarua. His flow of thoughts is not commensurate to what he is trying to execute on the Floor.
Mr. Deputy Speaker, Sir, Sen. Lelegwe is my neighbour and leader. I always tell him that if I close the road to Ol Kalou, Sen. Lelegwe cannot get to Samburu because he has got only one route. Therefore, he must align---
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Hold on, Sen. Methu. I request the three Senators who are between me and the person contributing to take their seats. Sen. Lelegwe kindly; the Clerks will sort your issue.
I can see that Director Ruge is also almost out of order. Sen. Lelegwe, please, have your seat.
Proceed, Sen. Methu.
Mr. Deputy Speaker, Sir, I do not know whether it is correct. Okay, let me say it as a point of information. He does not like being referred to minus his title. He is Sen. (Dr.) Lelegwe. He keeps reminding me to always refer to him as Sen. (Dr.) Lelegwe.
Mr. Deputy Speaker, Sir, the recommendations of the Court of Appeal--- I am looking for them in this report because they have been referred to here. The recommendations were that the Attorney-General ought to advise the Government to honour its word and pay former employees who have suffered for a long time.
I am surprised that a three-Judge bench observed that these workers have suffered for a long time but they went ahead to make a recommendation which is not binding. I understand where Sen. Murgor and his committee were getting a handicap because you are overturning this decision without offering a solution.
The decision of the Court of Appeal was actually arrived at in 2018. To this date, that is a total of eight years but nothing has happened. Had those people been paid as the recommendation stated---
You know people go to court to get a determination. When we get these kinds of recommendations, they are ambiguous because they cannot be effected.
We are staring at an extremely precarious situation by the mere fact that since this particular regime came into power, the issue of privatization is a live matter. I am not sure if it is a privatization committee or commission but I think there is one. The Privatization Commission is supposed to look at Government parastatals that can be privatised.
Therefore, we are staring at a situation where workers have served, deductions have been made on their salaries and they have made contributions to their Savings and Credit Cooperative Organizations (SACCOs) . For example, assume that the Kenya International Convention Centre (KICC) is privatised so that it is under a new proprietor; the new proprietor will take all the other obligations apart from dues that are owed to workers and their personal contributions.
When the New Kenya Co-operative Creameries Limited (New KCC) was formed following the receivership under KCB, they paid farmers and all the monies that were owed to the banks and the suppliers. The only people who were not paid were former employees, which is an extremely sad situation because they had to wait for 22 years.
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Hon. Senators, you know, I have listened keenly to Members contributing to this Motion. It appears like Members are not happy with the recommendations. This Motion is a property of the Senate. Instead of lamenting and being so unhelpful to yourself and to these KCC workers, you can make recommendations. The committee will agree to the recommendations as long as they sit well with the deliberations. Give further recommendations because that is why we are here. Do not lament, cry or weep, but give solutions to Kenyans. The chairman is here recording your recommendations. You can provide further recommendations acceptable to the House.
Next is Sen. Gicheru Eddie.
Mr. Deputy Speaker, Sir, thank you for this opportunity. It is very important that today the Muslim faith is starting their Ramadhan. Therefore, it makes it a holy month for the majority of our people in the country. It is also the month of Lent for the Catholic faithful. Therefore, you get that most of our people in the country are in a very religious and spiritual mood this month. This is a month when you would expect good things to happen to good people, but they also happen to bad people, because God is a God of everyone. I wish the Christians of the Catholic faith the very best this month. I also wish my brothers in the Islamic faith the very best, as they say, Ramadhan Kareem.
Mr. Deputy Speaker, Sir, in that spirit, it is extremely sad that employees of the former KCC that worked up to 1997, have not been paid their dues up to date. Between 1997, when KCC became defunct, and then we had this new KCC, many things have happened in this country. In 1997, we had a general election and had a different president at that time, God rest his soul in peace; he has since died. In 2002, we had another
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[The Temporary Speaker (Sen. Abdul Haji) in the Chair]
Sen. Eddy, do you wish to be informed by the Senator for Kitui?
The Senator for Kitui County can always inform me because he is my leader in the House and I still respect him for that. The only thing I am not so sure of is whether he was working for New KCC. He should inform us whether he was around at that time.
Mr. Temporary Speaker, Sir, I am not sure whether the Senator for Migori County wants to be informed by a former employee of New KCC or his leader; I am informing him as a colleague.
Even if the money that the employees contributed to the SACCO was stolen, that money should have been insured. There is no question of any loss or any deductions by any employee. There can never be an escape route for the people that collected this money. No escape route at all, at all.
I thank you.
Mr. Temporary Speaker, Sir, this is why I am telling you that I like it when my leaders inform me because their wisdom surpasses some of us who just came to this House recently. He is a ranking Member who is going to be a governor in Kitui County and so, that information is in order. There should have been all possible
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Mr. Temporary Speaker, Sir, from the onset, as I support the Motion, allow me, with tremendous respect, to wish our brothers of Muslim faith all the best as they begin Ramadhan. This is a holy season. Coincidentally, today is Ash Wednesday for the Catholic faithful and the beginning of lent season. As a country, we are honoured to have a wonderful cohesive population living together as one nation; one people with different religious background. That interfaith cohesiveness is what makes Kenya unique and strong. I hope as we reflect on this season and many other things, we shall remain one.
We are normally told that almost 100 percent of Kenyans are religious. They are either Christian, Muslim or Hindu but there are many things that still face this country including corruption. This should be a session of reflection that will ensure all of us live according to our dictates of the religion. So, Ramadhan Kareem to all our Muslim brothers and sisters and also wonderful lent season to the Catholic faithful.
I have read the committee report. I thank the Chairperson of the Committee on Labour and Social Welfare, the distinguished Senator for West Pokot County on the issue of this payment to both Kenya Cooperative Creameries (KCC) and New KCC Limited. When this matter was filed between the Labour Court and the Court of Appeal, there was interlude of five years. We would have expected that the New KCC management and
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Sen. Olekina, please proceed.
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Thank you, Mr. Temporary Speaker, Sir. I will try to be as brief as possible as I critique this report.
I have listened to my colleagues' submissions with regards to the direction that the committee took while they were dealing with this petition. Petitions are a right for every Kenyan. However, the question that we never ask is: What happens after the petitioners come to petition Parliament for a matter to be heard? Parliament spends money, invites different bodies, who come here, we go through them and then ultimately the findings of the Petition are handed to the petitioner to pursue. Does that really help?
Mr. Temporary Speaker, Sir, I have listened to my colleagues make their submissions and what I deduce from reading the report and also from my colleagues' sentiments is that there is an over-reliance on the morality, humanitarian aspect of this Petition, forgetting the legal fundamentals of this Petition.
Mr. Temporary Speaker, Sir, we are in a country where one entity is done away with and a new entity is brought into place. KCC was restructured, or it collapsed, depending on how you want to put it, and then New KCC came in. There is a legal process that ought to be followed to ensure that when a new entity is coming in place, the liabilities of the previous entity are observed by the new entity.
Mr. Temporary Speaker, Sir, from the onset, I would like to recommend that this House does not adopt this report. It should recommit it back to the Senate Standing Committee on Labour and Social Welfare for them to analyse the consequences, intended and unintended, of adoption of this report.
Currently, we have staff who used to work with the National Hospital Insurance Fund (NHIF) , and now they have moved to SHA. Soon, you will hear people coming up and saying that their terminal dues or SACCO deductions were not remitted or transferred to the new entity. The courts have already pronounced themselves.
Mr. Temporary Speaker, Sir, I want to speak directly to the Petitioner, and tell him, you did a very good job. You did a noble thing, because most of the contributors of those SACCOs are aging. I can empathize on the situation, but the reality is this - I want to be practical on what is going to help you and what is not going to help you.
I have been in this Senate for quite some time and I have gone through Petitions that have been brought to this House. One of them, which was very emotional, is the one of former councilors, where, the National Treasury came here and said, they do not have a legal framework to compensate them. This one will fall in the same category.
That is why it is important that this report be recalled, not adopted, so that you can strike a balance between the legal challenges and the humanitarian morality. You have to strike a balance between the two. My view is, the staff benefits, provident funds and related dues, which are coming up to approximately Kshs204 million, without even calculating the issue of interest, the first thing to do is to go back to the law and say, what did the Court of Appeal say in terms of the legality? There are statutes that dictate on how entities are transferred from being one to another. I drafted them down here. Let me refer back to my notes.
In fact, when you look back at the Court of Appeal 2020 ruling on Civil Appeal number 191 of 2018, which, in its wisdom, the judge absolved new KCC of all KCC liabilities under section 3 (i) , (ii) , and (viii) of the Transfer of Business Act, Cap 99. The
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Thank you. Proceed, Sen. Danson Mungatana.
Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to comment on the Report by the Standing Committee on Labour and Social Welfare. May I start by commending the Chair of this committee, Hon. Murgor, for the good work they have done on this question that was referred to the committee for a solution.
I do not want to repeat what my colleagues have said except to concretise the fact that the KCC workers were not paid their dues. Their contributions were not paid to them. They sued the company and they were awarded their rights. Then, on appeal, they were told that the New KCC cannot bear that responsibility. On legality, I agree with the Court of Appeal judgment that made the final call. They are standing on proper legal principles that you cannot sue what is not liable.
When the Cabinet Secretaries came before the Senate committee, they confirmed these facts. They said that due to technicalities, they were not able to pay what was due to those workers.
Mr. Temporary Speaker, Sir, what the committee ought to have done, and this is where I will focus on--- The committee has power to note all these facts and still make a recommendation that ex-gratia payments can be made. Ex-gratia is also a legal principle. Insurance companies can make payments on the basis of ex-gratia. This is a legal wording from Latin, which means on-the-grace. That means by goodwill, which is morally right and it is justice to do that.
They did not need to accept the recommendations of the Cabinet Secretary for the National Treasury and Economic Planning by saying that the law has said this, the courts have said this, and leave it there. They ought to have gone one-step further and recommend that despite all this, these workers ought to be paid on ex-gratia basis.
Mr. Temporary Speaker, Sir, insurance companies make these kinds of payments. Labour courts can make orders for these payments. Even companies can make payments on the basis that we are not accepting legal liability, but on the basis of justice and humanitarian consideration, we will make this payment. We are talking about little money.
The Treasury could have been asked through a recommendation of the committee to make this ex-gratia payment. When the old men who worked for KCC came before this committee, they were aware that the Court of Appeal had made a ruling against them, but they came because they believed that this Senate would help them recover their rightful dues.
[The Temporary Speaker (Sen. Mumma) in the Chair]
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It is Madam Speaker, but it is fine. Sen. Richard Onyonka, you may proceed.
Madam Temporary Speaker, I am actually happy to be on this Floor to contribute to this important matter. The reason is that I think amongst the very many issues that are brought forth, either publicly or in the media or even in this House, is actually about this matter of payments, which, even currently, are supposed to be remitted to either employees, who worked for our Government, Government parastatals or private companies in our Republic.
Somehow, the trend that you look and observe is that there seems to be consistency in whether this money which was meant to be deductions, retirement benefits for our people, was going to be given as gratuity for our people or was actually supposed to be paid through the county governments, so that the workers who have worked in these institutions can receive their legitimate dues.
I have also been looking at why we treat our people so casually. I have always wondered. I really want to thank my brother, Hon. Sen. Mungatana and Sen. Olekina, for their very passionate plea on this matter. We seem to casually treat these monies that are owed to employees, whether they are, as I have said earlier, working for the national Government or not.
I do not have evidence of whether there were any who have worked for this Parliament. I know Parliament has been behaving reasonably well recently, but previously, these were issues where we had some of our colleagues coming to this Parliament for more than six or seven years, chasing after their retirement benefits.
The point I want to make is that even if you look at this money that we are talking about, which is supposed to be the deductions for our people, you can extrapolate it, and my colleagues, look at the other compensatory issues that have been raised in this House.
Number one, the ex-bomb blast people. We allow these people to go to court. They go there and, of course, given the statute under which this bomb blast took place
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Proceed, Sen. Wakili Sigei.
Thank you, Madam Temporary Speaker, for giving me the opportunity to also weigh in on the report by the committee. From the onset, I would like to appreciate the effort that the committee made to give us what we are discussing today.
I have gone through the recommendations. We appreciate the work that the committee did in establishing the historical background, where former employees of KCC having won in their first attempt before the High Court, the case to claim for their dues, they lost in the Court of Appeal. The Court of Appeal overturned the decision that had given them their entitlement. It stated that they were entitled to certain payments and directed the Office of the Attorney-General to establish mechanisms within which those former employees were to be paid.
A petition was filed before this House on the strength of the constitutional provisions of Article 119 that mandates this House to do what is within its powers; that is to legislate, amend or repeal any statute or law.
In this case, part of what we, as a House, have as a mandate is to find a solution to support such vulnerable former employees, who felt that coming to this House was giving them a recourse to get their entitlement. The assumption that those petitioners made when they were filing the petition before this House is that they were going to be paid.
Having heard them, because from the report, you will notice that the committee did engage the petitioners, the Office of the Attorney-General and many other stakeholders---
The report in terms of its recommendations, in my view, ought to have done better than it did by recommending certain policy statements. The recommendation that the Inter-Ministerial Committee (IMC) that was set up by the Cabinet Secretary of the relevant Ministry to report within six months does not give petitioners what they expected when they were filing the petition before this House.
Assuming that that IMC recommends that they are not entitled, their coming to this House was the last resort, knowing they will get their entitlement. They will not get if the IMC says, for example, unfortunately, the finding of the Court of Appeal was that the new entity that took over from KCC is not liable to pay.
Secondly, the policy framework which they gave out as their second recommendation is futuristic. That is supposed to be the way to go. What remedy are we giving these petitioners, as a House or Parliament, where petitioners came to seek for support?
In support of what the rest of the Members have said, the committee ought to have gone out of its way to facilitate an ex gratia payment or support to these former employees whose contributions and deductions were either remitted or not. I have not been in a position to read the facts in the matter that was before the court. The bottom line is that they were entitled to as former employees for whatever benefits they contributed through the scheme and the former employer to be paid upon retirement or dissolution of the former employer.
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Sen. Veronica Maina. Sen. Veronica Maina: Madam Speaker, thank you for the opportunity to rise and speak on this report that has been presented to this Senate by the committee. Let me
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Madam Temporary Speaker, I thank you for giving me this opportunity to add my voice to this Petition that was done by one, Mr. Bernard Kananda.
From the onset, I congratulate Mr. Bernard for having courage on behalf of the suffering former employees of KCC that have not received the benefits that were due to them at that time.
As I rise to make this presentation, I remind Kenyans that we have just begun the Lenten period; a time of forgiveness and giving. Giving is not limited to giving in kind, it is a time that we should reflect on a number of issues in our country and in the world. It is a time of watching what you say to others in the family, the community and in the spaces we are in. It is a time of thinking about the less fortunate in the society. We wish everybody well in the country and the world.
Madam Temporary Speaker, as I begin this presentation, I have a broken heart. Just last week in my village in Kanyamwa/Kosewe Ward, we lost one such retired personality, one Bonface Okeyo. This gentleman was a retired public officer who had not received his pension. My heart is broken because this gentleman had equally gone through the suffering that the former employees of KCC are going through. This gentleman did not even have fare to follow up on those dues in Nairobi. Finally, he got a lift in a lorry.
The operator of that lorry was gracious enough to grant him a lift to Nairobi. If he did not have fare, one wonders how he was going to operate when he would have arrived in Nairobi finally.
Madam Temporary Speaker, that is the story of most of the retired public servants because they have waited for their pension for so long. Boniface left his home with his bag. He did not arrive because that lorry got an accident and he lost his life somewhere around Nyansiongo. If he had gotten his benefits, he would probably have never gone through what he went through. Boniface was a fellow Catholic. I know today he would have attended Ash Wednesday at the Mirogi Parish Church. May his soul rest in peace.
I congratulate Mr. Bernard Kananda and I sympathise with the former employees that they have not gotten their benefits, even though the courts have stated so. However, the worst part of it is that they have not been able to get even their contributions that they made to Maziwa SACCO.
All of us here who work for the public, either as public officers, as state officers or as employees, we sacrifice to save some money with our SACCOs. I am a teacher by profession, and over the years, I have saved some money with Mwalimu SACCO, even before I joined Parliament, in the hope that once, when I need that money, I should be able to get it, to access it, in a timely manner, because it is monies that I have saved. It is monies that are due to me. That is the same story we want to hear; wherever other Kenyans are working, at whatever level, that what you save in a SACCO, you should have access to. Whatever benefits you have as employees, you must have access to.
I congratulate this committee for taking this matter head-on. In the Committee on Information, Communication and Technology, sometimes back, a predicament of the same nature was brought to our attention, of the POSTA employees, who had not gotten their salaries for months. Owing to the deliberation of the committee, we even had to
February, 18, 2026 SENATE DEBATES 40
February, 18, 2026 SENATE DEBATES 40
Thank you, honourable Speaker. Just to inform and contribute to add to the richness of the debate that, yes, those SACCOs are regulated. They have SASRA. So, there is no reason for any SACCO not to have the money firmly available for the workers.
I thank Sen. Maina and former SG for that information that the regulator is there, but the question I ask myself, even in the presence of the regulator is, what has the regulator done over this case? The regulator must stamp their feet and regulate all SACCOs.
Madam Temporary Speaker, I accept to be informed. It is only a fool that refuses to be informed.
Thank you, honourable Speaker. Just to inform and contribute to add to the richness of the debate that, yes, those SACCOs are regulated. They have SASRA. So, there is no reason for any SACCO not to have the money firmly available for the workers.
I thank Sen. Maina and former SG for that information that the regulator is there, but the question I ask myself, even in the presence of the regulator is, what has the regulator done over this case? The regulator must stamp their feet and regulate all SACCOs.
February, 18, 2026 SENATE DEBATES 41
Sen. Crystal Kegehi Asige, please, proceed.
Hon. Senators, it is now 1.00 p.m., time to adjourn the Senate. Sen. Asige, you will have another 15 minutes when we resume the contribution.
The Senate, therefore, stands adjourned until later today, Wednesday, 18th February, 2026, at 2.30 p.m.
The Senate rose at 1.00 p.m.
February, 18, 2026 SENATE DEBATES 42
ADJOURNMENT
Hon. Senators, it is now 1.00 p.m., time to adjourn the Senate. Sen. Asige, you will have another 15 minutes when we resume the contribution.
The Senate, therefore, stands adjourned until later today, Wednesday, 18th February, 2026, at 2.30 p.m.
The Senate rose at 1.00 p.m.