February, 25, 2026 SENATE DEBATES 1

Wednesday, 25th February, 2026 Afternoon Sitting

Clerk, do we have quorum?

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

Order, hon. Senators. I am informed that we now have quorum. Clerk, you may proceed to call the first Order.

Sen. Mundigi, please, take your seat.

February, 25, 2026 SENATE DEBATES 2

Hon. Senators, as you are aware, the Senate has established a tradition of holding a retreat at the beginning of each session to review its performance in the preceding session, and to plan for the forthcoming session.

Consistent with this tradition, the Senate has organised an assessment and planning retreat for the Fifth Session, 2026 under the theme “Advancing the Senate's Agenda: Review, Strategy and Sustainable Progress”.

The event will provide a platform for reflection on the Senate's performance in the Fourth Session and for strategic planning to ensure focused and impactful delivery in the penultimate session of the 13th Parliament.

The areas of discussion will include, inter alia-

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Thank you, Mr. Speaker, Sir. I stand before you and the House, on behalf of our Chairperson, who is unwell and has a problem with his voice.

I beg to move the following Motion: THAT, the Senate, adopts the Report of the Standing Committee on Finance and Budget on the 2026 Budget Policy Statement (BPS) , laid on the Table of the Senate on Tuesday, 24th February, 2026, and pursuant to Section 25 (7) of the Public Finance Management (PFM) Act and Standing Order No.186 (8) , the Senate approves the 2026 Budget Policy Statement.

Mr. Speaker, Sir, Section 25 (2) of the PFM Act provides that the National Treasury shall submit to Parliament the BPS on or before the 15th February of each year. Pursuant to this provision, the National Treasury and Economic Planning submitted the 2026 BPS to Parliament on 11th February, 2026.

Subsequently, the 2026 BPS was tabled in the Senate at its plenary sitting held on 12th February, 2026. Thereafter, pursuant to Standing Order No.186 (4) of the Senate Standing Orders, the BPS was committed to its Standing Committee for consideration and subsequent submission recommendations.

Mr. Speaker, Sir, pursuant to the provisions of Standing Order No.186 (6) , the Senate Standing Committee held consultative meetings with various stakeholders. The Committee received memorandum and written and oral submissions on the BPS from about 18 stakeholders; I do not need to mention their names.

The theme of this year's BPS is “accelerating gains under the Bottom-up Economic Transformation Agenda (BETA) for inclusive and sustainable growth”. The BPS envisions the global economic growth to perform at 3.3 per cent in 2026, with projections of 3.2 per cent for 2027. Emerging markets and developing economic growth is projected to slow at 4.2 per cent in 2026, from 4.4 per cent in 2025, supported by continued policy stimulus, increased bank lending and lower effective United States (US) tariffs.

Mr. Speaker, Sir, by the end of December, 2025, total revenue collected, including Appropriations-in-Aid (A-in-A) , amounted to Kshs1.525 billion, against a target of Kshs1.636 billion. The revenue collection was below target by Kshs111 million, largely from ordinary revenue. The underperformance is attributed to slower-than-

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Thank you, Sen. Faki. Mr. Speaker, Sir, I will be very brief in the light of the fact of earlier discussions that we had at the Senate Business Committee (SBC) on how we transact business this afternoon, given that we have very serious legislative work this session, and I appreciate that it is not an easy time.

This morning, we had the Cabinet Secretary for the National Treasury and Economic Planning. He was before this House. In my final submissions to him, I made a presentation on behalf of the House that the National Treasury must, by obligation of law, respond to the recommendations of the BPS from the Senate and not just consider those from the National Assembly alone. Over the years, this has been the practice. We do not get any feedback on our recommendations despite the fact that every committee of the Senate gives their views on this very topic.

He promised that in furtherance of the good work that he has been doing, he will ensure that is done. I was only concerned a bit later when he called me minutes after 1.00

February, 25, 2026 SENATE DEBATES 8

Sen. Korir, take your seat please. Hon. Senators, I will now propose the question.

Now, the Floor is open for debate, but going by the sentiments from the Majority Leader, if you look at your Order Paper for the day, it is pretty heavy. We have to go through divisions and, thereafter, we go to the Committee of the Whole. I can see we have three honourable Senators wishing to contribute. Now, if we spend lots of time on this particular Order, get to know we may overrun the runway in terms of time to handle the--- Can the Majority Leader and the Minority side consult on this? I give you one minute to consult. In the meantime, I am going to give the opportunity to Sen. Maanzo.

Thank you Mr. Speaker, Sir. I will be very brief. The Budget Policy Statement (BPS) is very important for both Houses. Over the years, budgeting looks like an affair of the National Assembly. The fact that we end up doing appropriation also for the counties, I think it is better this time around and, in the future, our Budget Policy Statement and the ideas in there also be considered.

I support.

Having consulted the leadership of the House, we have agreed that we will take two Senators across the aisle. Now that Sen. Maanzo has already set the pace, we move to Sen. Boni.

Thank you, Mr. Speaker, Sir. I rise to support this Motion and I cannot help noting the fact that we have come a long way. I remember when I came to this Parliament in the year 2002, the total revenue collection by Kenya Revenue Authority (KRA) was Kshs201 billion only. Last year, it had risen to Kshs2.571 trillion.

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I support.

Thank you, Hon. Speaker. Every time this document comes before this House, my attention as a Senator is always drawn to what has been provided for in terms of the shareable revenue for county governments.

February, 25, 2026 SENATE DEBATES 10

On a point of order.

What is your point of order? What is so disorderly about Sen. Sifuna?

Mr. Speaker, Sir, under Standing Order No.105, the Senator of Nairobi City is referring to a document called MoU. That document has never been tabled in this House. Is it in order to refer serious agenda such as the BPS on some dog-eared document called MoU between the United Democratic Alliance (UDA) and Orange Democratic Movement (ODM) , where this Parliament was never informed of?

Sen. Sifuna, proceed with your thoughts.

Thank you, Hon. Speaker, for continuing to protect me from old men. I have been under siege.

The point that I am making is this; we agreed that the government that is led by UDA would at least show this goodwill by providing for Kshs450 billion in terms of shareable revenue for our counties.

I am happy to see that the Committee has recommended that the equitable share for Financial Year 2026/2027 be Kshs454 billion. That recommendation by the Committee of this House would be in accordance with that agreement that I have referenced, and it is a public document.

Secondly, the Committee has also pointed out that we need to limit the recurrent expenditure that the counties are incurring and try and push more money to development. We were convinced by our colleagues from the so-called smaller counties here to introduce an affirmative action tool for them to be able to receive some substantial amount in terms of shareable revenue.

I remember these Senator colleagues tried to persuade us by saying that they would ring-fence that money for development. I have only heard from one Governor of Nyandarua, who appeared before the Senate County Public Accounts Committee (CPAC) . He told us that in the next audit cycle, we will see, as a House, that the money we added to Nyandarua County, about Kshs300 million, will be demonstrated by showing which projects it went to.

Hon. Speaker, we need to do more. My argument against the much publicised cooperation agreement is that this House has been able to channel money that can be ring-fenced to specific purposes. These include the County Aggregated Industrial Parks (CAIPS) and construction of county headquarters. It was not necessary to enter into that misadventure. This House can recognise the special needs of Nairobi. For instance, when it comes to street lighting, we can give money specifically through the additional allocation. This allows us to take care of the special need for street lights in Nairobi.

Lastly, I can see the committee has addressed the question of non-remittance of pensions, which now stands at over Kshs115 billion. The Motion sponsored by the Senator for Narok County required county governments to clear their obligations within a certain period. We would want to we see the level of implementation of that Motion.

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Sen. Mandago.

Thank you very much, Mr. Speaker, Sir. I want to address three things mentioned in the Budget Policy Statement (BPS) . From the Standing Committee on Health, we noted an increase of community health workers to the tune of 12,000 additional Community Health Promoters (CHPs) . In that BPS, there were no accompanying resources for payment of the new CHPs. Resources must also be provided.

As we onboard new CHPs, there is a need to resource them with kits to enable them to work. County governments have failed to pay stipends for CHPs on time. Some counties have delayed payments for seven or eight months. We ask the Cabinet Secretary for Health and the Cabinet Secretary for the National Treasury and Economic Planning to consider a payroll payment system. When other workers receive their monthly pay, CHPs should also receive their monthly stipend.

The Kenya Medical Supplies Authority (KEMSA) , being the most critical logistical institution in terms of supply of drugs, non-pharmaceuticals and small medical equipment, is owed a total of Kshs6 billion. That debt is not only in counties, but also in national government institutions. The national government owes KEMSA Kshs3.5 billion. Counties owe KEMSA in excess of Kshs4 billion.

In the BPS, a mechanism should be established where the Social Health Authority (SHA) reimburses both national and county government facilities net of their dues to KEMSA. This will ensure our facilities have drugs supplied on time by KEMSA. It will also ensure that the fill rate for KEMSA moves from around 65-70 per cent to 90-95 percent, therefore availing necessary drugs and commodities to facilities. SHA must also address reimbursements to facilities, particularly giving priority to public facilities.

Finally, the BPS did not provide funds for operationalisation of the Emergency and Critical Care Fund. This fund is meant to address the most difficult and expensive diseases, such as cancer and emergency services. We expect the National Treasury to consider resourcing that fund, so that full implementation of SHA can be realised in the coming financial year.

I submit.

I now call upon the mover to reply. Sen. Faki.

Mr. Speaker, Sir, I thank Sen. Cheruiyot for seconding the Motion and everyone who has contributed to it.

I request that pursuant to Standing Order No.66 (3) , the putting of the question be deferred to a later time this afternoon.

It is so deferred.

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Chairperson, Standing Committee on Finance and Budget.

Thank you, Mr. Speaker, Sir. I stand before the House on behalf of Sen. Ali Roba, who is the Chairman of the Finance and Budget Committee, who is unwell. I beg to move the following Motion:

THAT, the Senate, adopts the Report of the Standing Committee on Finance and Budget on the 2026 Medium Term Debt Management Strategy, laid on the Table of the Senate on Tuesday, 24th February, 2026 and approves the 2026 Medium Term Debt Management Strategy.

The Medium-Term Debt Management Strategy (MTDS) provides a framework for informed decision-making on public borrowing and debt management. It guides the national government in structuring the public debt portfolio to minimise costs and risks, while ensuring sustainability and supporting the development of the domestic debt market.

The 2026 MTDS has been prepared and submitted pursuant to Section 33 of the Public Finance Management Act, Cap. 412, which mandates the Cabinet Secretary responsible for Finance to submit to Parliament a statement outlining the national government debt management strategy. Section 33 of the Act encompasses the following key elements-

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Mr. Speaker, Sir, I will be brief on this matter.

This is an important paper that the Senate has had an opportunity to put its voice to. Our debt management strategy continues to be an exercise that any administration, for the foreseeable future, will have to grapple with. As Parliament, we must continue to speak on these issues.

I have never forgotten how in the last Parliament, when we debated the debt ceiling, certain unpleasant things were said. In fact, to the best of my recollection, the most unpleasant things ever said to me on the Floor of Parliament were on that particular day. This was because I held the view that it was not possible to keep the country on the debt trajectory we were taking at that time.

I know that we have since shifted our debt measurement metrics by moving it from measuring it by a ceiling to now as a percentage of the GDP. Even from the anchor that we put here because we passed the law in 2023 that we need to put it at 55 per cent by 2028, which is barely two years away, if I hear what Sen. Faki is saying, we are still at 68 per cent. I do not know what miracle we will perform to get it to 55 per cent by 2028. However, I am proud that, as a House, we have continued to make it clear of where we stand on this issue of debt.

Mr. Speaker, Sir, it is not just about us, but about future generations. Therefore, I urge colleagues that we must remain and continue to be vigilant the way this Committee has been and share our concerns and thoughts.

With those remarks, I beg to second.

Sen. Shakila, kindly be orderly.

Sen. Omtatah.

Mr. Speaker, Sir, I thank you for the opportunity to address this House on the Debt Management Strategy which is also linked to the Budget Policy Statement (BPS) .

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Sen. Cherarkey.

Thank you, Mr. Speaker, Sir. I will make brief comments. I commend the committee for this report. The issue of public debt management strategy is key. It is a reality that as at 2026, public debt was at Kshs12.3 trillion. It is also a reality that for some time now, Kenya has had a deficit budget, where we are projecting to have a budget of Kshs4.7 trillion. The input or the extrapolation of that is that we will keep borrowing to finance our obligations under the public budget of Kshs4.7 trillion.

I am, therefore, happy that the committee has noted that, but it has not given us a way out because public debt is at 68 per cent of the GDP, going beyond the legal limit of 55 per cent. We hope the obligations will stabilise and I am happy that the Cabinet Secretary for the National Treasury and Economic Planning was with us in the morning. However, I believe that these issues must be resolved once and for all. The Constitution has provided in Article 214 on the issue of public debt on how it should be managed and guarantees. You have to remember that there are many guarantees that we give for the obligations or loans we get as a country.

Mr. Speaker Sir, my third point is on Article 202 which says that revenue raised nationally shall be shared equitably between the national and county governments. The question is, even as we discuss the BPS and allocation to counties as protectors of

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I will now call upon the Mover to reply.

Mr. Speaker, Sir, I want to thank the seconder and those who have contributed to the Motion, especially Sen. Cherarkey. The views or the issues that you have expressed were within our thinking when we came up with this report. In fact, it has been our insistence that the debt levels are unsustainable. Maybe in the next Budget Policy Statement and Medium-Term Debt Management Strategy, the National Treasury will address these concerns, especially on the issue of borrowing more from the domestic market, which is set at 78 per cent

Mr. Speaker, Sir, I beg to reply and under Standing Order No.66 (3) request that the putting of the question be deferred to a later time this afternoon.

I thank you, Mr. Speaker, Sir,

It is so deferred.

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Chairperson, Standing Committee on Energy, you have the Floor. You may proceed, Sen. Kisang.

Thank you, Mr. Speaker Sir. On behalf of the Chairperson, Senate Standing Committee on Energy, Sen. (Dr.) Oburu, I beg to move the following Motion:

THAT, the Senate adopts the Report of the Joint Sitting of the National Assembly Departmental Committee on Energy and the Senate Standing Committee on Energy on the consideration of the Field Development Plan (FDP) and the Production Sharing Contracts (PSCs) for Blocks T6 and T7 in the South Lokichar Basin, Turkana County, laid on the Table of the Senate on Tuesday, 24th February, 2026 and pursuant to Article 71 (1) of the Constitution and Section 31 (1) and (2) of the Petroleum Act, the Senate ratifies the Field Development Plan and the Production Sharing Contracts for Blocks T6 and T7 in the South Lokichar Basin, Turkana County.

Mr. Speaker, Sir, the South Lokichar Basin Field Development Plan together with the associated production sharing contracts for Blocks T6 and T7 was tabled in the Senate on Thursday, 27th November 2025, pursuant to Article 71 of the Constitution.

The Article requires that any grant of a right or concession for the exploitation of natural resources by or on behalf of the national Government be ratified by Parliament. Upon tabling, the FDP and PSCs were committed to the Committee on Energy for detailed consideration in accordance with Article 118 of the Constitution, which provides for public participation in the parliamentary process.

In a communication dated 4th December, 2025, the Speaker of the National Assembly encouraged the Departmental Committee on Energy of the National Assembly and the Standing Committee on Energy of the Senate to convene joint sittings for the examination of the contracts and conduct public participation. This was aimed at ensuring consistency, eliminating duplication, promoting a bicameral approach and expediting the consideration process.

Consequently, on 29th December, 2025, the Speaker of the Senate approved the formation of a joint committee comprising the two committees brought from the National Assembly and the Senate. The mandate of the joint committee was to consider the production sharing contracts and the field development plan in accordance with Article 71 of the Constitution and Section 31 of the Petroleum Act 2019, as I had said.

The PSCs and FDP outlined the proposed commercial development of six oil discoveries within South Lokichar Basin, Turkana County, and detailed the strategy for

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Hon. Senator, summarise.

Yes, Mr. Speaker, Sir, I am summarising, do not worry. The committee observed that the project is expected to generate over 3,000 direct and indirect jobs, and include the jobs over the life cycle of the project. The local content plan targets 100 per cent Kenyan, but special in unskilled labor and skilled works, and at least 50 per cent Kenyan, but special in specialised upstream operations.

The committee also noted the commitment by the contractor to reserve a portion of trucking contracts for enterprises based in Turkana. Out of about 600 trucks that will be moving daily, they have reserved 400 of them, basically close to 70 per cent, for the locals.

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Hon. Speaker, I rise as a very confident member of the Joint Committee to second the Motion for the adoption of the report of the Joint Committee of the Standing Committee of Energy of the Senate and the Departmental Committee on Energy of the National Assembly on the consideration of the field development plan for the South Lokichar Basin and the production sharing contract for block T6 and T7.

I want to start by commending the Joint Committee that was led by two ranking members of the two Houses; Sen. Dr. Oburu, who is the Chair of the Senate Committee on Energy and Hon. Gikaria, who is the Chair of the National Assembly Committee on Energy.

As we started on this assignment, there were concerns that were very generalised and that arose from the development plan and the contract that was before us. Two issues came up, the issue of tax exemptions and the recovery cost of 85 per cent. That concerned all of us, even as the Joint Committee. However, we held a robust public participation that took us across all the counties of Uasin Gishu, West Pokot, Trans Nzoia, Lamu and Mombasa. Finally, we were able to have a very robust public participation in Turkana County.

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Senator, you have five minutes. Can you conclude your thoughts?

Hon. Speaker, as I conclude my thoughts, I would like to urge Kenyans that we were to meet professionals and of particular interest were tax experts led by one Dr. Bruce Ogaga that thrashed a number of our concerns that we picked from the public.

As I wind up, I also want to say that the county governments along all the exploration rights have a role to play in this project. This is because the counties must also be able to plan themselves in advance for the urban issues that are going to emerge; issues of planning and traffic.

As I wind up my presentation, the benefits that this country and Turkana County will get from the exploration are massive.

I beg to second the Motion.

With the leadership intervention, we are going to have two Senators across the aisle, starting with the Senator for Turkana County.

Thank you for this opportunity. First and foremost, I want to support this report from the Joint Committee of the National Assembly and the Senate. I first want to thank God for this opportunity that made oil to be discovered in Turkana. The discovery of oil in Turkana has mitigated the historical injustices that were there in Sectional Paper of 1965, where people were claiming that that land in Turkana should not develop.

The benefits of the oil will develop Turkana County in the form of one, provision of transport; that is, roads. There will be provision of water. Water will be connected from the Turkwel Gorge right all the way to Turkana, and even the oil fields.

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Proceed, Sen. Murgor.

Thank you so much, Mr. Speaker, Sir, for giving me this opportunity. I support the report as moved by the Chairperson of the Committee on Energy.

We were there during the last public participation and the people from West Pokot agree with the report. The plan is to get water from Turkwel Dam in West Pokot to be used for cleaning the oil in Turkana.

While we are in agreement since we see it as a source of development for Turkana and West Pokot because the two counties border each other, water that is going to help in cleaning the crude oil is from West Pokot. However, according to the report that went to the Ministry of Water and Irrigation and aired later, the Pokot side is silent because there is nothing mentioned about it.

What the people of West Pokot expect mainly is irrigation as promised for many years, educational enhancement, roads for accessibility and health. Therefore, I am seeing a hitch from the Pokot side which is expected to provide the water. They will not allow water to be taken unless there is consideration of what they have expressed as being part of development that needs attention, as much as Turkana expects a lot in terms of education, health, roads and so on and so forth.

Mr. Speaker, Sir, when it comes to implementation, this report will probably face some hitches both from Turkana and West Pokot because Turkanas are expecting a lot and it is the same case with the Pokots. Otherwise, I support.

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Next is Sen. Edwin Sifuna.

Mr. Speaker, Sir, in the life of this Parliament, today will be remembered as perhaps the most historic afternoon. It actually breaks my heart that we are rushing through this matter that is one of the most important matters this Parliament will handle in its lifetime. I wish we had given Members enough time to read, internalise and understand what we are about to do this afternoon.

The Joint Committees on Energy of the National Assembly and the Senate have produced a report that is over 170 pages. How I wish this House, before giving consideration to this matter, allowed Members to go through what this report talks about.

I am surprised that the committee in which I sit in has recommended that we approve the Field Development Plan (FDP) . I have certain challenges and I think history will be very unkind on me if I do not bring this to the attention of the country.

When the FDP was tabled here and brought before our committee, we identified four red flags that we thought would first have to be addressed by the contractor; that is, Gulf Energy, before we could give a stamp of approval on this particular FDP. In very simple terms, an FDP sets out the obligations of the oil exploration company, what they are expected to do and the entire plan of bringing oil out of the ground.

Kenya has adopted a mechanism of oil production where we have something called a production sharing contract. What that essentially means is that the person who is given the contract to develop oil fields will put in their money in the initial stages or early days. Whatever comes out of the ground, there is a percentage that goes to the government and a percentage that goes to the contractor themselves.

The first red flag is that the initial FDP that we signed had set a capping of the recovery rate for what they call recoverable cost. The cost cannot be recovered at 100 per cent because it is recovered at a certain rate. The initial FDP had capped it at 55 per cent. Therefore, the contractor was going to recover 55 per cent from whatever oil that is produced in the first year and 45 per cent is what would be available for splitting between the Government and the contractor.

Mr. Speaker, Sir, on 24th November, 2025, that 55 per cent was moved to 85 per cent. What that tells you is that when the oil comes out, the contractor first of all takes 85 per cent of their costs from whatever is produced, leaving a paltry 15 per cent available for sharing between the national Government and the contractor.

Secondly, the definition of recoverable cost covers largely what I call capital expenditure. The definition of capital expenditure was altered in the initial FDP to include what we call recurrent expenditure where we have things like labour that are essentially not capital expenditure. That was the second red flag.

I want to talk about this question of recoverable cost a bit. There was a submission by the Office of the Auditor-General (OAG) dated 11th February, 2026. The Auditor-General addresses this question of audit of recoverable cost because recoverable cost cannot be left to the contractor to say, by the way, this is what I have spent this particular time. There has to be an objective way of ascertaining what those recoverable costs are.

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Sen. Cherarkey, please, proceed.

You knew you had five minutes, Hon. Senator.

Thank you, Mr. Speaker, Sir. I rise to support this report, under the able leadership of the Orange Democratic Movement (ODM) Party leader and the Chairperson, Sen. Oburu Odinga, who is our Gen Z leader. The other day, he was saying, “Weka mawe”. It is good to have him midwife his own report.

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I will now call upon the Mover to reply.

Thank you, Mr. Speaker, Sir. For the benefit of the Senate and the people of West Pokot and Turkana counties, as I reply, I would like to assure them that the Cabinet Secretary (CS) and Principal Secretary (PS) of the Ministry of Water, Sanitation and Irrigation promised us they are going to put resources in the budget, so that we will have three lines. There will be three lines from Turkwel. One line going all the way to---

Senate Majority Leader, surely, you cannot run a rally parallel to these proceedings.

Mr. Speaker, Sir, there will be three lines from Turkwel Dam. One going all the way to the oil fields, and then there will be one for clean water to both West Pokot and Turkana counties. Then there will be a line to do irrigation on both sides of the two counties. They said they will start initially at a minimum of 1,000 acres, going upwards to 10,000 acres, under irrigation. So, it is good for Sen. Murgor to note that.

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We will now go for Division. However, the Division will be for Order No.10 all the way to Order No.16. So, we will do Division for all those orders.

So, Serjeant-at-Arms, kindly ring that the Division Bell for five minutes.

Serjeant-at-Arms, you may now close the door and draw the bar.

Hon. Senators, voting shall be done electronically. Therefore, I will ask you to log out by pulling out all the delegate units.

Serjeant-at-Arms, kindly walk around and pick up any unattended delegate cards that are still held in the unit. Stay logged out as the Serjeant-at-Arms picks all the unattended cards.

Serjeant-at-Arms, are you done with that exercise?

Good! Hon. Senators, you may log back in as I put the question. We are on Order No.10. So, the question I will put relates to Order No.10. Sen. Haji, kindly take your seat. Has your card been collected?

Can you give Sen. Haji his card? I will now proceed to put the question on Order No.10, which is-

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Hon. Senators, the results of the Division on Order No.11 is as follows-

February, 25, 2026 SENATE DEBATES 27 NOES: Nil ABSTENTION: Nil

Sen. Osotsi, can you proceed to the Dipatch Box and vote?

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Hon. Senators, I will now put the Question, which is- THAT, The Kenya National Council for Population and Development Bill (National Assembly Bills No.72 of 2023) be now read a second time.

You may proceed to vote. Sen. Githuku, proceed to the Dispatch Box and cast your vote.

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Hon. Senators, I will put the Question, which is- THAT, the Senate adopts the report of the Mediation Committee on the Coffee Bill (Senate Bills No.10 of 2023) , laid on the table of the Senate on Thursday, 4th December, 2025, and that pursuant to Article 113 (2) of the Constitution and Standing Order No.167 (3) of the Senate, approves the mediated version of the Bill.

You may proceed to vote.

February, 25, 2026 SENATE DEBATES 30

Hon. Senators, I will put the Question, which is- That, The Electronic Equipment Disposal, Recycling and Reuse Bill (Senate Bills No.5 of 2025) , be now read a second time.

You may proceed to vote.

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Hon. Senators, the results of the division on Order No.15 are as follows-

Sen. Korir, this is the seventh time I am asking you to take your seat.

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Hon. Senators, the results of the Division on Order No.15 are as follows-

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Hon. Senators, we are compiling the results and we will get back to you shortly.

Hon. Senators, these are the results on deletion of clauses-

February, 25, 2026 SENATE DEBATES 35

Hon. Senators, these are the results on clauses with amendments-

Hon. Senators, these are the results on deletion clauses.

February, 25, 2026 SENATE DEBATES 36 NOES: Nil ABSENTIONS: Nil

Sen. Joyce Korir, I am calling you to report.

Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report its consideration of the County Library Services Bill (Senate Bills No.40 of 2024 and its approval thereof with amendments.

I request hon. Chute to second.

It is okay. It does not need a seconder.

Hon. Senators, the session has resumed. I want to invite the Chairperson to report. Sen. Abdul Haji, you may proceed.

Thank you, Madam Temporary Speaker. I beg to report that the Committee of the Whole has considered the County Library Services Bill (Senate Bills No.40 of 2024) and its approval thereof with amendments.

I thank you.

Thank you, Sen. Abdul. Now, I want to call the Mover of this Bill to proceed.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report.

Who is the seconder, Sen. Joyce?

I request Sen. Chute to second.

Madam Temporary Speaker, I beg to second.

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Madam Temporary Speaker. I beg to move that the County Library Services Bill (Senate Bills No.40 of 2024) be now read a Third Time

Who is the seconder?

Madam Temporary Speaker, I want to request Sen. Kinyua to second.

Madam Temporary Speaker, I second.

Thank you, Sen. Kinyua.

Hon. Senators, we are now proceeding to division. I request you to log out and log back in readiness to move to the division part. We are voting electronically.

Sen. Joyce Korir, can you approach the Clerk’s desk for assistance in voting? You are an assisted voter for Bomet County.

February, 25, 2026 SENATE DEBATES 38

Mr. Speaker, Sir,….. Sorry.

I hope I do not look like a “sir”.

No, you are too beautiful.

Thank you for the compliment. The Senate Majority Leader (Sen. Cheruiyot) : Madam Temporary Speaker, I beg to lay the following papers on the Table of the Senate today, Wednesday, 25th February, 2026-

February, 25, 2026 SENATE DEBATES 39 REPORTS OF THE AUDITOR-GENERAL ON FINANCIAL STATEMENTS OF VARIOUS ENTITIES

February, 25, 2026 SENATE DEBATES 40

February, 25, 2026 SENATE DEBATES 39 REPORTS OF THE AUDITOR-GENERAL ON FINANCIAL STATEMENTS OF VARIOUS ENTITIES

February, 25, 2026 SENATE DEBATES 40

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Thank you, Majority Leader. Next Order.

February, 25, 2026 SENATE DEBATES 44 INDEFINITE CLOSURE OF OLLESSOS NATIONAL POLYTECHNIC OPERATIONS OF NWSC AND WELFARE OF NAIROBI CITIZENS UNLAWFUL CLOSURE OF TRANS NZOIA CPSB AND STAFF TRANSFER ALLOCATION OF KISIMA LAND TO CIVIL SERVANTS IN NAKURU COUNTY PROCUREMENT AND CONCESSION IRREGULARITIES IN THE RIRONI-NAKURU-MAU SUMMIT ROAD PROJECT GOVERNANCE, REGULATORY COMPLIANCE AND ACCOUNTABILITY AT CIC GROUP PROPOSED CONSTRUCTION OF NAIROBI-THIKA EXPRESSWAY MASS LAYOFF AT MUHORONI SUGAR COMPANY

February, 25, 2026 SENATE DEBATES 44 INDEFINITE CLOSURE OF OLLESSOS NATIONAL POLYTECHNIC OPERATIONS OF NWSC AND WELFARE OF NAIROBI CITIZENS UNLAWFUL CLOSURE OF TRANS NZOIA CPSB AND STAFF TRANSFER ALLOCATION OF KISIMA LAND TO CIVIL SERVANTS IN NAKURU COUNTY PROCUREMENT AND CONCESSION IRREGULARITIES IN THE RIRONI-NAKURU-MAU SUMMIT ROAD PROJECT GOVERNANCE, REGULATORY COMPLIANCE AND ACCOUNTABILITY AT CIC GROUP PROPOSED CONSTRUCTION OF NAIROBI-THIKA EXPRESSWAY MASS LAYOFF AT MUHORONI SUGAR COMPANY

Senate Majority Leader, you had a remainder of 52 minutes. I hope you do not intend to use all of them. You can share them with the Seconder.

Madam Temporary Speaker, I had actually finished making my comments on this particular Bill. I said that any society

February, 25, 2026 SENATE DEBATES 45

Sen. Samson Cherarkey, you have earned yourself the title of indefatigable warrior. I hope it is warrior in a good sense.

I am the devolution warrior. As you can see, coming from the Senate Majority Leader, I might also be the Majority Leader or a bigger person in future.

Madam Temporary Speaker, as I second this Bill, there is no legal framework on culture that has been put in place. This is a straightforward Bill. We have an identity which is our culture. The culture defines who we are. It is a set of moral values. According to the definition, it includes, our lifestyle, social interactions, social groups, value systems, traditions, beliefs, language, ideas, customs, institutions, rituals and ceremonies.

I am happy that the distinguished Senator for Kakamega is here with us. When I was thinking of how I will second this Bill, I remembered that we lost the former MP for Lugari Constituency, the late Hon. Cyrus Jirongo. I followed it online and saw the distinguished Senator for Kakamega performing a serious ritual when he went to view the body of the late Hon. Cyrus Jirongo. I was amazed by the unique culture of the Luhya or Mulembe nation. I saw him taking bulls there and celebrating. I was amazed by how Sen. (Dr.) Khalwale did it.

Madam Temporary Speaker, I do not know whether you had an opportunity to watch. I had to watch the whole event. This is a doctor, but because of cultural beliefs, he was proud of it. There are people who when they become professors, they wear suits and nice clothes and behave like Europeans. I am happy that the culture that Sen. (Dr.) Khalwale displayed was very unique. It taught some of us the value and role of culture.

Under the Fourth Schedule of the Constitution, one of the roles of county governments is cultural activities. I hope when Sen. (Dr.) Khalwale becomes the Governor of Kakamega, he will anchor cultural activities in Mulembe nation because we do not want to see people---

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Madam Temporary Speaker, I never knew that there are indigenous people who had known a torch. That is the only thing I wanted to ask Sen. (Dr.) Khalwale only that I have not had time to sit with him. I thought that torch should be off by now.

Has it gone off with some individuals? Maybe he will tell us when he will be supporting the Bill because he carried the torch and said it will expose the killers or is it still on? I am told that by the time it goes off, it does so with individuals who might have committed that offence.

In my culture, we also have initiation ceremonies, weddings and other rituals. Whenever something is stolen or a person is killed, there are rituals that are performed. We also have an elaborate culture. I think all African cultures are elaborate. In my culture, to be a man, you must have gone to the “ceremony of the home” or traditional initiation ceremony. There are stages in the life of a man or woman. After being born, you are given a name and there are rituals that are performed. That is identity which is recognised by the Constitution.

We have mixed religion with culture. For example, my name Kiprotich means that I was born in the evening, like now, when cows were being returned home. The name Cherop, who is one of the Clerks there, means she was born when it was a rainy season like now. Therefore, a name has a particular meaning.All names

have meaning, including House of Mumbi, the famous Mount Kenya where you come from,

Madam Temporary Speaker, I never knew that there are indigenous people who had known a torch. That is the only thing I wanted to ask Sen. (Dr.) Khalwale only that I have not had time to sit with him. I thought that torch should be off by now.

Has it gone off with some individuals? Maybe he will tell us when he will be supporting the Bill because he carried the torch and said it will expose the killers or is it still on? I am told that by the time it goes off, it does so with individuals who might have committed that offence.

In my culture, we also have initiation ceremonies, weddings and other rituals. Whenever something is stolen or a person is killed, there are rituals that are performed. We also have an elaborate culture. I think all African cultures are elaborate. In my culture, to be a man, you must have gone to the “ceremony of the home” or traditional initiation ceremony. There are stages in the life of a man or woman. After being born, you are given a name and there are rituals that are performed. That is identity which is recognised by the Constitution.

We have mixed religion with culture. For example, my name Kiprotich means that I was born in the evening, like now, when cows were being returned home. The name Cherop, who is one of the Clerks there, means she was born when it was a rainy season like now. Therefore, a name has a particular meaning.All names

have meaning, including House of Mumbi, the famous Mount Kenya where you come from,

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Thank you, Sen. Cherarkey.

Hon. Senator, you can resume your seat. I am not sure we can grant that request of the torch being introduced into the Senate as it could quickly turn into a weapon of serious destruction within the Senate. Let me now take this chance to give Sen. Boni Khalwale to make his contribution on this Bill.

Madam Temporary Speaker, I take this to be a very big privilege, that the records of Parliament, the HANSARD, will show that when this Bill was being enacted into law, I made a contribution. I believe in culture and in the diversity of the cultures of the people of Kenya and because of that belief, many times I disagree with fellow professional colleagues and people of letters on how they become experts of explaining the culture of other communities.

Madam Temporary Speaker, you can see that for the 30 minutes that the Senator of Nandi has contributed, he has spent probably one third of that time only for his culture.

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Sen. Boni, when you are referring to the single mothers, it would be fair to just refer to them as single mothers, not as the “so-called”.

Apologies, I withdraw that word.

Let us protect them because they are with us in the community. Let us use dignified language with them.

I was using the word “so-called” with reference to the Luhya community which does not have single parents.

On a point of order, Madam Temporary Speaker.

What is your point of order, Sen. Mundigi?

Bi Spika wa Muda, namfahamisha Sen. Khwalale kwamba ni vizuri tuunge huu Mswada mkono kwa sababu utasaidia mtoto hata kama ni wa single mother, single father au yule ambaye ana wazazi wote wawili. Hii ni kwa sababu, wale watoto ambao wako na wazazi wawili ndio wabaya kuliko watoto wa single father and mother.

Sen. Mundigi, that would have been better as a point of information or intervention.

Proceed, Sen. Khalwale.

Thank you, Madam Temporary Speaker. Indeed, that is information and I know, the information my distinguished Senator from Embu County is giving me is in the meaning of the Embu and Mbeere community; it is not in the meaning of the Luhya community. We do not have those things amongst the Abaluhya at all.

I support this Bill very strongly because after birth, our culture then provides for how a child will grow through teenage hood until they come of age to start their own families. They provide for how the boy will be circumcised, who will circumcise him and the circumstances. If he is circumcised in the hospital, he is taken back home to be given an opportunity to receive herbal treatment of children who are circumcised in

February, 25, 2026 SENATE DEBATES 52

Thank you, Sen. Boni. You do not have powers to assign Sen. Chimera an opportunity to speak, but I now invite Sen. Raphael Chimera to make his contribution to this Bill.

Thank you, Madam Temporary Speaker for this opportunity. I listened to my good friend, he is like a father to me, Sen. Boni Khalwale from Kakamega, the bullfighter himself. I did not know this character of him, of having more than one wife is in the family, so to speak. Now, I am afraid I will not be sitting next to him. I might end up suffering from that habitual deficiency.

I rise in support of this Bill, being Bill No.12 of 2024, from the National Assembly. Let me begin by first appreciating and commending the National Assembly, most particularly the Mover and the sponsor of this Bill at the National Assembly level. That must be Hon. Kimani Ichung’wa. To my brother, may history judge you fairly. This is a very important Bill. I am very proud that I am alive and in the Senate when such a Bill came to the Floor of the House. It basically seeks our support as legislators.

Madam Temporary Speaker, the Maasai community is well-known for their rich and very deep-rooted cultural practices, beliefs and traditions. Every foreigner who seeks to come to this country, you will realise that the first port of call will be visiting the Maasai region. I wish Sen. Ledama Olekina from Narok was here and my good friend

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Sen. Dan Maanzo.

Thank you, Madam Temporary Speaker. I am pleased to contribute to this important Bill. In fact, I have waited for it for a long time. Culture is in the Constitution under Article 11. There is a misprint. They have written Article 11 (3) (a) , but it should be 11 (2) (a) . This Article promotes all forms of national and cultural expression. It includes literature, the arts, traditions, celebrations, science, communication, information, mass media, publications, libraries and other cultural heritage.

The cultural heritage of any nation is very important. When we went for the Olympics in China in 2008, the President of China addressed all foreigners in Chinese. You had to ask someone near you to interpret if you did not follow the speech. From China to Arabia, Israel, Europe and America, there are different cultures everywhere. Communities remain cultural. In South Africa, the Zulu are very cultural and have never abandoned their traditions. The Swahili saying goes, “Muacha mila ni mtumwa”. Therefore, this is very important.

I come from the Kamba community. We have the Kamba customary law. Almost every community has ways of dealing with many things. They have ways of dealing with marriage. There are cultural activities and laws associated with marriage and divorce.

In Kamba culture, when you marry, you go with three goats, two male and one female. On that day, you slaughter one male. You leave one male and one female. When you want to divorce, the goat you are supposed to return is impossible to find. This means marriage is presumed permanent. You may take such trouble looking for this goat that you give up and reconcile with your wife and in-laws. Marriage is communal. You belong to the clan you marry into and culture protects you. When asked to look for a black goat with a white patch on the stomach, you may search for years. That culture protects the community. The Kamba have many artefacts, traditional dances and guards. Protection of property in culture is important.

The Maasai culture is also amazing. People feed on meat. A few days ago, we went to Kamwaro’s home to visit him on his inauguration day as a politician. The Maasai eat meat, but the young men who danced there were not fat. Their culture allows them to eat meat and also other boiled foods. The Maasai interact with snakes as much as the Kamba do, but when Maasais get a snake bite, they have a way of treating it, which is amazing. Hardly do they die of snake bites. This culture has been kept alive and it exists.

Therefore, Madam Temporary Speaker, this Bill is very important. Just as Hon. Khalwale has said, I would have loved to contributed full time, but I can see my colleagues want it differently. This law should have been enacted in 2013. There are many cultures in the world. When you go to West Africa, you will find a different culture and religion. There were many practises that kept the society together and the morals of many African communities.

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What is your point of order, Sen. John Nderitu?

Bi. Spika wa Muda, nimesikia akisema kuhusu mbuzi walioibiwa na vile wangerudishwa. Ningetaka kujua sababu kuna kisiwa kilicho Ukambani ambapo kuna jambo hua nasikia na Wakamba. Pengine atatuelezea mambo ya kamuti na kiveti ndikaeke. Sijui hiyo inamaanisha nini.

Was it a point of information?

It was a point of clarification.

Let me say that the Kamba culture had its own of dealing with evil people. If you had killed someone, you would be excommunicated and that is common in many African cultures and you could not go back. You get to learn some of these things when you read Things Fall Apart.

There were many other practices which were feared. You never stole someone’s wife because there was the likelihood of getting stuck until the owner came although I have never verified that. However, I have heard that it has happened even in modern times and you have to pay a lot of money to be unlocked.

Madam Temporary Speaker, there are many other cultures, but I do not know whether that is what you call kamuti which was a way of prevention. It is something that was feared; that someone has protected their things, wives, animals and anything you would take from that home. They would call someone who would come and give threats by saying they were giving you two days to return what you had stolen, otherwise you would start eating grass. It has happened because some people have eaten grass, but I will elaborate the next time.

Hon. Senators, it is now 6.30

Hon. Senators, it is now 6.30