Wednesday, 28th May, 2025 Afternoon Sitting

Clerk, do we have quorum?

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

Hon. Senators, we now have quorum. Clerk, you may proceed to call the first Order.

The Chairperson Liaison Committee to lay their Paper. The Chairperson is normally the Deputy Speaker or any other Chairperson of a Standing Committee.

Mr. Speaker, Sir, on behalf of the Chairperson of the Senate Liaison Committee, I beg to lay the following Paper on the Table of the Senate today, 28th May, 2025-

Report of the Liaison Committee on the activities and operations of Select Committees during Third Session of 2024.

Proceed, Chairperson Standing Committee on Justice, Legal Affairs and Human Rights Committee (JLAHRC) . Any Member of JLAHRC present?

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, being the 28th May, 2025-

Report of the Standing Committee on Justice, Legal Affairs and Human Rights on its consideration of the County Governments Election Laws (Amendment) (Senate Bills No. 2 of 2024) .

The Chairperson, Standing Committee on Devolution and Intergovernmental Relations, proceed.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 28th May, 2025-

Report of the Standing Committee on Devolution and Intergovernmental Relations on its inquiry on the state of governance in the County Government of Garissa arising from the Statement sought by Sen. Abdul Haji, MP.

Thank you, Mr. Speaker, Sir.

Next Order.

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, the Senate notes the Report of the Liaison Committee on the activities and operations of Select Committees during the Third Session (2024) pursuant to Standing Order 224 (2) , laid on the Table of the Senate on Wednesday, 28th May,

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Justice, Legal Affairs and Human Rights on its consideration of a Petition to the Senate by Mr. Bakari Halifan Munge and three other residents of Kwale County regarding the implementation of an award by the Environment and Land Court for compensation to and resettlement of the owners of Ramisi Phase 1 Block 5056 in Kwale County, laid on the Table of the Senate on Wednesday, 28th May, 2025.

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Justice, Legal Affairs and Human Rights on its consideration of a Petition to the Senate by Mr. Laban Omusundi regarding the introduction of a framework for recalling Nominated Members of the County Assemblies (MCAs) , laid on the Table of the Senate on Wednesday, 28th May, 2025.

I thank you.

Proceed, Chairperson, Standing Committee on Devolution and Intergovernmental Relations.

Mr. Speaker, Sir, I request the Senate to adopt the Report of the Standing Committee on Devolution and Intergovernmental Relations on its inquiry into the state of governance in the county---

Sen. Abass, you are giving notice.

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on its inquiry into the state of governance in the County Government of Garissa arising from a Statement sought by Sen. Abdul Haji, MP, laid on the Table of the Senate on Wednesday, 28th May, 2025.

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, AWARE THAT, the PSC has provided internship opportunity to many youths in various Government departments and agencies for a period not exceeding one year pursuant to Guidelines on Management of the Public Service Internship Programme of October, 2019;

APPRECIATING THAT, since its inception, the internship programme in Kenya has been instrumental in providing practical experience to graduates, enhanced employability, offered networking opportunities and has on a number of occasions led to full-time jobs to graduates;

CONCERNED THAT, internship opportunities are limited in number, skewed in distribution across Government departments and agencies, lack clear pathway to permanent employment, have inadequate opportunities for skill development due to the short duration that they are offered and that the stipend offered to PSC interns is

insufficient with an average stipend ranging from Kshs15,000 to Kshs30,000 per month which is not sustainable, especially to interns living in major cities like Nairobi where the cost of living is too high.

NOW THEREFORE, the Senate resolves that the Cabinet Secretary for Public Service and Human Capital Development in consultation with the Public Service Commission (PSC), review the guidelines for the Public Service Internship Programme of October 2019, with a view to:

Hon. Senators, before the Clerk calls the next Order, allow me to make this communication. Rev. Murgor, kindly take your seat.

He is a man of God, nevertheless.

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon, of visiting teachers and students from Frithjolf Eugene Byes Academy in Kajiado County. The delegation comprises 25 teachers and 73 students who are in the Senate for a one-day academic exposition.

Hon. Senators, in our usual tradition of receiving and welcoming guests to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish them a fruitful visit.

Extend your welcome, Sen. Seki, the Senator who was elected by many people if I can recall.

Thank you, Mr. Speaker, Sir. I also join you in congratulating and welcoming the students from Kajiado.

I wish you well and welcome you to the Senate of Kenya. I believe that you will learn more by the time you leave this place. Otherwise, thank you very much for coming to take notes on issues being debated in this Senate. I believe that as you go back home, you will have a story to tell your fellow students and pupils.

We will definitely join hands and greet each other when we go back to Kajiado and outside here. It is good that you came. There are three Senators here in the Senate from Kajiado County that is, Hon. Montet, Hon. Peris Tobiko and myself, the elected Senator for the people of Kajiado.

Thank you very much.

Next Order.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Trade, Industrialisation and Tourism on a matter of national concern on the implementation of a new ticketing and queuing system by the Kenya Wildlife Service (KWS) at Nairobi National Park rolled out on 5th February, 2025.

Mr. Speaker, Sir, although introduced as a pilot initiative to improve efficiency and streamline visitor access, the system has resulted in prolonged delays, visitor dissatisfaction and concerns over possible misconduct by staff. If these challenges are not addressed, they may negatively affect our tourism revenue and Kenya's image as a preferred tourism destination.

In the Statement, the committee should address the following-

Proceed, Sen. Richard Onyonka.

Mr. Speaker, Sir, thank you for your indulgence. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee of Justice, Legal Affairs and Human Rights (JLAHRC) on a matter of international concern regarding the criteria used in the designation of polling stations outside our country, Kenya.

The Independent Electoral Boundaries Commission (IEBC) by Article 88 (4) of the Constitution and Regulation 34 of the Election Voters Registration Regulation, which was done in 2012, is responsible for ensuring continuous registration of Kenyan citizens locally and abroad.

In the Statement, the Committee should address the following-

Hon. Senators, if you look at your Order Paper, Order Nos.8 to 13 are up for Division. Therefore, we will call them at once.

Clerk, call those Orders.

Serjeant-At-Arms, kindly ring the Division Bell for five minutes.

Serjeant-At-Arms, you may now close the Doors and draw the Bar.

Hon. Senators, before we do the actual voting, kindly log out. Pull out your cards from the delegates unit. Serjeant-At-Arms, go around and pick the unattended cards and let me know when ready.

Are we ready? Thank you. Hon. Senators, you may now log back into the delegate units. Before you vote, allow me to put the question on Order No.8.

Sen. Onyonka and Sen. Wafula, kindly proceed to the Clerk’s Table and cast your vote.

(Sen. Onyonka and Sen. Wafula approached the Clerks-at-the-Table and registered their votes) Hon. Senators, we are now moving to Order No.12 and I will put the question. You may proceed to vote.

Sen. (Dr.) Oburu, Sen. Abass and Sen. Wafula, proceed to dispatch desk and cast your vote.

Order, Sen. Mundigi and Senator for Nandi County. The results for the Divisions are as follows-

Cash Disbursement Schedule for Financial Year 2024/2025, put and the Senate proceeded to vote by county delegations) AYES: Sen. Abass, Wajir County; Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Mandago, Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County

Hon. Senators, the results of the Division are as follows-

Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Mandago, Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wambua, Kitui County

Hon. Senators, the results of the Division are as follows-

Murango, Kirinyaga County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wambua, Kitui County

Hon. Senators, the results of the Division are as follows: -

Hon. Senators, the results of the Division are as follows-

Hon. Senators, the results of the Division are as follows: -

Hon. Senators, the results of the Division are as follows-

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

Next Order.

Order, hon. Members. Please, do not leave the Chamber. Let us take our seats.

The Senate Majority Whip and Sen. Sifuna, let us resume our seats.

Clause 3

The Temporary Chairperson (Sen. Wakili Sigei): I will ask the Chairperson, Standing Committee on Finance and Budget, Sen. (Dr.) Khalwale, to proceed.

Mr. Temporary Chairperson, I beg to move- THAT Clause 3 of the Bill be amended by deleting the expression “203

(2)

” appearing immediately after the words “accordance with Article” and substituting therefor the expression “202

(1)

”.

The Temporary Chairperson

: Division will be at the end. Clauses 4 and 5

The Temporary Chairperson

: Division will be at the end. The Schedule

I will ask the Chairperson, Standing Committee on Finance and Budget, Sen. (Dr.) Khalwale, to proceed.

SCHEDULE (s. 4) ALLOCATION OF REVENUE RAISED NATIONALLY BETWEEN THE NATIONAL GOVERNMENT AND COUNTY GOVERNMENTS FOR THE 2025/26 FINANCIAL YEAR Type/ level of allocation Amount in Ksh.

Division will be at the end. Clauses 4 and 5 (Question, that Clauses 4 and 5 be part of the Bill, proposed) The Temporary Chairperson (

Arrears 2,736,739,351

Division will be at the end. The Schedule

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

SCHEDULE (s. 4) ALLOCATION OF REVENUE RAISED NATIONALLY BETWEEN THE NATIONAL GOVERNMENT AND COUNTY GOVERNMENTS FOR THE 2025/26 FINANCIAL YEAR Type/ level of allocation Amount in Ksh.

Arrears 2,736,739,351

Sen. Methu, Nyandarua County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Mwaruma, Taita Taveta County; Sen. Onyonka, Kisii County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wambua, Kitui County.

The results of the Division are as follows-

Hon. Members, we are now proceeding to the next clause.

Sen. Chesang’, take your seat and vote. Sen. Joe Nyutu, approach the desk to vote.

The results of the Division are as follows-

The results of the Division are as follows-

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Division of Revenue Bill (National Assembly Bills No.10 of 2025) and its approval thereof with amendments.

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the Division of Revenue Bill (National Assembly Bills No. 10 of 2025) and its approval thereof with amendments.

Thank you.

I beg your pardon? What did you say?

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Division of Revenue Bill (National Assembly Bills No.10 of 2025) and its approval thereof with amendments.

Now, let the Senate Majority Leader move because you are misleading us with your doth.

Mr. Deputy Speaker, Sir---

The Mover is the Senate Majority Leader. Let him do his work.

Mr. Deputy Speaker, Sir, the correct reading is doth and not do. It is doth. The House is so informed.

Hon. 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.

Proceed to your seat.

Can we hear from the Mover?

Hon. 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.

Proceed to your seat.

Can we hear from the Mover?

Mr. Deputy Speaker, Sir, I beg to move that the Division of Revenue Bill (National Assembly Bills No.10 of 2025) be now read a Third time.

I request Sen. Githuku to second.

Thank you, Mr. Deputy Speaker, Sir. I second.

You can now open the doors and bars drawn.

Hon. Senators, these are the results of the Division-

Sen. Cherarkey Samson, proceed.

Sen. Cherarkey Samson, proceed.

The Kenya Medical Practitioners and Dentists Council (KMPDC) did not even order for remedial courses. I expected the Senate Standing Committee on Health to recommend remedial courses. God forbid, how many patients have gone through their hands and had negligence as this? They were even supposed to suspend the license of these doctors and medical team, including the nurses. They should have even given penalties and fines. Under Section 20 of Medical Practitioners and Dentists Act, Cap. 253, which was revised in 2019, there must be a proper penalty. I know, Sen. (Dr.) Boni Khalwale understands this. We should have had a fine against this medical team.

One is caution and another one is reprimand. I expected a probation. They should have done a probation, for this medical team, including the team leader, Dr. Ondigo and company. They should have been taken for probation for six months, for remedial courses, also be supervised by the KMPDC, so that we are certain. If today this Report is public, if today a patient is supposed to go through a procedure of by a team led by Dr. Ondigo, do you still have the confidence that the procedure will be successful?

So, the reading of Section 20 of the Medical Practitioners and Dentists Act, Cap. 253, is clear on disciplinary. I would have expected that this should have been done.

Mr. Deputy Speaker, Sir, the third recommendation speaks to establishing clear protocols of surgical procedure. I agree that they must be clear. I am told in the second operation, there was no consent from the family or guardian. They did the second operation without the consent of the family. This is a clear violation and medical negligence. How can you perform a procedure without the consent of the guardian or the family? The law is clear. That is why I am saying Section 20 of the Medical Practitioners and Dentists Act, Cap. 253, should have come heavy and ensure that there was at least proper punishment. However, by saying disciplinary procedures to be reviewed, investigate professional conduct, it means that after the disciplinary action, the only recourse is that after 30 days you can appeal at the High Court, as per the law.

On issues of surgical medical procedure, therefore, it must be followed, so that we ensure that critical medical procedures are all taken care of. This medical negligence of Annita should be the last one. You saw Dr. Chacha who was a doctor at the Kenyatta National Hospital, but he could not be treated because he did not have money, yet he was a doctor working in the same hospital.

When you look at patient advocacy, I disagree with this recommendation. You cannot tell us that in regards to the patient advocacy, Moi Teaching and Referral Hospital (MTRH) should have been the one to advocate for the rights of the victim, yet we know this is a conflict of interest. How do you expect patient advocacy within to support?

Mr. Deputy Speaker, Sir, I agree with the recommendations of this Motion and report. However, in the future, I would like to appeal to the KMPDC to come back and ensure that they arrest the rising cases of criminal medical negligence in our facilities. We are losing many mothers during Caesarean Section (C-section) procedures in most of our facilities. When a mother goes to give birth, you are told she underwent a C-section then complications arose, and she died. It cannot be. The KMPDC must come to the rescue of Kenyans.

I know in every profession, there are crooks within the profession, including my own profession of law, engineers, medical practitioners or even structural engineers. However, we must punish, so that we do not lose lives.

Mr. Deputy Speaker, Sir, as I have been saying, when you are handling human life, it is so sensitive because when you lose somebody, you never recover them. Other things can be recovered. For instance, when a building collapses, you can rebuild and when a road stalls, you can rebuild.

As we pray for this nation in the national prayer breakfast, we must confront serious challenges that are facing us, including medical negligence, corruption, bad governance and poor development. That is why the Governor of Trans Nzoia County was charged the other day. One of the court orders say you cannot access the office. Today, he was in office. So, there is impunity in this country. He was in the huduma mashinani office, yet the courts ruled in the court order that he should not step in the Office of the Governor until the corruption allegation of Kshs1.2 billion is cleared or upheld. This is a country of impunity.

I would like to thank the President because he was gracious today. I would have expected the Senate Majority Whip would do that, but let me do the honors. I thank the President for asking for forgiveness from our neighbours, Tanzania and Uganda, and also from Gen-Zs. It takes a real leader to seek for forgiveness. Now that the President has requested and prayed that we forgive each other, as a nation, we should forgive each other and move forward, so that we can have one nation.

I would like to appeal to Tanzania's Members of Parliament that, even if English is not their priority, they should not insult us in Kiswahili. We are also telling them, let us have one united East African Community (EAC), which we are proud of. That is my appeal as we go into the future. With this Motion, let us ensure that we finish issues of medical negligence in this country.

I support this Motion. Thank you.

When you read the report, Dr. Ondigo and company--- After the young girl was released, no one referred to the team that did surgery. They did not even do a Computerized Tomography (CT) scan after the surgery, yet a foreign substance was still inside her body that later caused pneumonia, which killed the young girl who was only six years old. As we empathise and sympathise with the family, it should not happen in the modern-day Kenya. Today, we had the National Prayer Breakfast. We can only do some things after praying. This report by the Committee on Health should be amended to ensure that MTRH comes up with a proper way of keeping records.

Mr. Deputy Speaker, Sir, quickly so that I cede ground for my colleagues, under the Constitution, human rights are basic rights. The pleas by the mother called Mercy Kipchirchir were ignored. MTRH has a Public Relations (PR) Department. The complaints by the complainant were ignored until she sought assistance from the Senate. In this Report, the Committee on Health should have recommended administrative action against the PR Department of MTRH in Eldoret to explain why.

Most of us here are parents. I do not know about Sen. Methu and Sen. Eddy, unless they tell us if they are parents. We know the pain of losing a child. Imagine she went to complain, but there was no one to listen to her and she lost her child. I expected the Committee on Health to recommend administrative action to be taken against PR officers at MTRH. That is the least thing we can do. If that can happen at the MTRH, how many people have lost their lives in other hospitals?

There is a girl who delivered well in Kabiyet Sub-County Hospital. She was later transferred to Mosoriot Sub-County Hospital where she bled to death, but the County Government of Nandi did nothing. They did not even give counseling or a listening ear to the complaint of negligence where she had gone to deliver through caesarian section. We must be empathetic. I hope there are Members of the Committee on Health here. In this Report, they have not even recommended socio-psychological support to the parent. After losing a child, one is stressed and they could even have suicidal thoughts.

Mr. Deputy Speaker, Sir, you are one of the longest serving MPs in this House. Parliament enjoys a High Court status. Therefore, we can make recommendations like a High Court.

Let me quickly look at the recommendations by the Committee. I am happy, but equally sad. What the Committee has recommended is both sweet and sour, like a Chinese dish, trying to run away from responsibility, but at the same time, apportioning blame. The reading of Section 20 of the Medical Practitioners and Dentists Act, Cap. 253, as revised in 2012 and 2019, is very clear on disciplinary procedures. You can issue caution or reprimand. You can also order for remedial courses for doctors or medical practitioners.

Two procedures were done. There was trichotomy and another one known as tracheostomy. Two procedures were done, but they never removed the foreign object. Dr. Ondigo and his team must be ordered to go back for remedial courses because after performing two procedures, they could not trace the foreign object inside that young girl. You can imagine the pain she underwent during that surgical process.

The Kenya Medical Practitioners and Dentists Council (KMPDC) did not even order for remedial courses. I expected the Senate Standing Committee on Health to recommend remedial courses. God forbid, how many patients have gone through their hands and had negligence as this? They were even supposed to suspend the license of these doctors and medical team, including the nurses. They should have even given penalties and fines. Under Section 20 of Medical Practitioners and Dentists Act, Cap. 253, which was revised in 2019, there must be a proper penalty. I know, Sen. (Dr.) Boni Khalwale understands this. We should have had a fine against this medical team.

One is caution and another one is reprimand. I expected a probation. They should have done a probation, for this medical team, including the team leader, Dr. Ondigo and company. They should have been taken for probation for six months, for remedial courses, also be supervised by the KMPDC, so that we are certain. If today this Report is public, if today a patient is supposed to go through a procedure of by a team led by Dr. Ondigo, do you still have the confidence that the procedure will be successful?

So, the reading of Section 20 of the Medical Practitioners and Dentists Act, Cap. 253, is clear on disciplinary. I would have expected that this should have been done.

Mr. Deputy Speaker, Sir, the third recommendation speaks to establishing clear protocols of surgical procedure. I agree that they must be clear. I am told in the second operation, there was no consent from the family or guardian. They did the second operation without the consent of the family. This is a clear violation and medical negligence. How can you perform a procedure without the consent of the guardian or the family? The law is clear. That is why I am saying Section 20 of the Medical Practitioners and Dentists Act, Cap. 253, should have come heavy and ensure that there was at least proper punishment. However, by saying disciplinary procedures to be reviewed, investigate professional conduct, it means that after the disciplinary action, the only recourse is that after 30 days you can appeal at the High Court, as per the law.

On issues of surgical medical procedure, therefore, it must be followed, so that we ensure that critical medical procedures are all taken care of. This medical negligence of Annita should be the last one. You saw Dr. Chacha who was a doctor at the Kenyatta National Hospital, but he could not be treated because he did not have money, yet he was a doctor working in the same hospital.

When you look at patient advocacy, I disagree with this recommendation. You cannot tell us that in regards to the patient advocacy, Moi Teaching and Referral Hospital (MTRH) should have been the one to advocate for the rights of the victim, yet we know this is a conflict of interest. How do you expect patient advocacy within to support?

Mr. Deputy Speaker, Sir, I agree with the recommendations of this Motion and report. However, in the future, I would like to appeal to the KMPDC to come back and ensure that they arrest the rising cases of criminal medical negligence in our facilities. We are losing many mothers during Caesarean Section (C-section) procedures in most of our facilities. When a mother goes to give birth, you are told she underwent a C-section then complications arose, and she died. It cannot be. The KMPDC must come to the rescue of Kenyans.

I know in every profession, there are crooks within the profession, including my own profession of law, engineers, medical practitioners or even structural engineers. However, we must punish, so that we do not lose lives.

Mr. Deputy Speaker, Sir, as I have been saying, when you are handling human life, it is so sensitive because when you lose somebody, you never recover them. Other things can be recovered. For instance, when a building collapses, you can rebuild and when a road stalls, you can rebuild.

As we pray for this nation in the national prayer breakfast, we must confront serious challenges that are facing us, including medical negligence, corruption, bad governance and poor development. That is why the Governor of Trans Nzoia County was charged the other day. One of the court orders say you cannot access the office. Today, he was in office. So, there is impunity in this country. He was in the huduma mashinani office, yet the courts ruled in the court order that he should not step in the Office of the Governor until the corruption allegation of Kshs1.2 billion is cleared or upheld. This is a country of impunity.

I would like to thank the President because he was gracious today. I would have expected the Senate Majority Whip would do that, but let me do the honors. I thank the President for asking for forgiveness from our neighbours, Tanzania and Uganda, and also from Gen-Zs. It takes a real leader to seek for forgiveness. Now that the President has requested and prayed that we forgive each other, as a nation, we should forgive each other and move forward, so that we can have one nation.

I would like to appeal to Tanzania's Members of Parliament that, even if English is not their priority, they should not insult us in Kiswahili. We are also telling them, let us have one united East African Community (EAC), which we are proud of. That is my appeal as we go into the future. With this Motion, let us ensure that we finish issues of medical negligence in this country.

I support this Motion. Thank you.

Next is Sen. Oketch Eddy.

Saying that is very simple, but have we ever taken just a pause to think about any level of hospital in our communities whether a dispensary or a Level 1, Level 2 or Level

Mr. Deputy Speaker, Sir, I am drawn to the attention of this Petition by virtue of it not being a random Petition. It was sent to this House by one Ms. Mercy Jepchirchir, who reported to the Senate of Kenya on this issue on 10th July, 2024. That was last year. First, I want to thank her because without her, we would not have been able to know what happened to this promising soul of Ms. Annita, who unfortunately lost her life in the course of getting attention at the Moi Teaching and Referral Hospital (MTRH).

What is even wanting that I would like to talk about today, is how many people and cases are unreported. How many deaths could we be having in our different medical facilities that are not reported? I had the advantage of studying in the United States of America (USA). In the USA, every year, on average, about 600,000 cases of deaths are reported in hospitals. The USA is one of the countries that has made strides in medical advancement. However, at any given time, you will find that the third-largest cause of death in the USA is always medical errors. Those medical errors in a world-leading economy have become a public health problem.

When this petition was brought to us, I wondered, if in the USA we can end up having this issue of medical errors in facilities of medical attention becoming a third- leading cause of death, what about in our borders where, if it were not for somebody like Ms. Mercy Cherono bringing this to the attention of the Senate? I will not belabour the point. I strongly believe that even though the recommendations here have called for compensation of Ms. Jepkorir’s family, the compensation cannot be enough for this family. Compensation cannot be enough to bring back this life that was very important and promising. However, more can be done in terms of ensuring that there is transparency and accountability in terms of being able to arrest the number of deaths that could be happening in our medical facilities without our watch and knowledge as lawmakers and as citizens of this country.

That is why I wanted to spend a little bit of time on this. I hope that this Committee will hold the MTRH to account. I hope that they will not just be dealing with this one case that might easily pass as an isolated case after our debates have subsided and we have adopted this Report. The investigations that were done professionally here will have tried to hold MTRH to account.

The question that we would be asking is: How can we make sure that we have a more comprehensive risk analysis of what is going on within our borders with regards to this kind of medical errors and gross negligence that happens in our medical institutions? I wish that this Report could have forced the institution in question, the MTRH, to further provide the different medical errors and medical negligence cases that might have occurred in the past and make sure that we, as a country, juxtapose this with the kind of impact it might have had in this hospital in terms of patient care. Whatever happened at the MTRH should be a case study for any other hospital in the country, not only referral hospitals and Level 6 hospitals, but even the lower cadre hospitals. They should be able to glean some morals, if there is any moral to glean in the first place.

Secondly, what happened that got the attention of the Senate on this one case should be an issue that we must look at in terms of the loss we have in this country. We can get from this Report and figure out how we arrest reporting systems by clinical

providers on the medical errors in our hospitals. The senior, Sen. (Dr.) Boni Khalwale, who was once a very good doctor, will tell you that this idea of getting these reports involves a strategy that is informed by law. It is very important that we do not just have our sight in dealing with one institution and holding that one institution to account, but also hold ourselves to account as lawmakers. For the first time, we can put in place laws that are implementable in terms of putting up strategies that will ensure that when medical errors arise in hospitals, they are dealt with.

This is a question where a medical error happens, then a misdiagnosis follows and then the handling of the patient continues. The patient then suffers subsequent errors until she meets her death. It means that there is a very serious substantive problem of recording and reporting of a medical error from the first instance to the last not only by the doctors in question, but also the clinical providers. That is something that we must examine as a House from this case study and ensure that we can put serious laws that will ensure that when a medical error occurs, it is properly recorded and addressed before subsequent handling of a patient. This should not only happen in MTRH, but across all our hospitals in the country.

I am worried because this is an adverse event. The medics in the House will understand that there is always a difference between adverse events in terms of medical errors, sentinel events, active events as well as just latent errors that sometimes happen. The reason I bring this up is because if we do not put up proper laws that can arrest all these kinds of events that happen in our hospitals, some might not lead to death, but lead to patients getting into a serious problem in their lives.

Sometimes those issues can go unattended in a hospital and then they develop complications later in life. This includes things like infections that can occur because of negligence and medical errors while handling a simple medical procedure. If all these are not captured, then we have a sick nation; a sick nation in that, if it is not an adverse event that can led to death, then any other complication does not matter. It should matter that when you leave a medical institution, you should have a better life than when you went there.

Mr. Deputy Speaker, Sir, my worry here is that if we do not have a proper legal framework that allows for reporting then if there is no situation whereby somebody has died, any other complication will not matter. It is important that this recommendation from the Committee on Health informs our action as policymakers, to ensure that we arrest other forms of medical errors that could lead to other complications that are not only death scenarios. This also calls on us as policymakers, legislatures and Government to rethink the kind of collaborative platform that we try to put for inter-professional teams in our entire medicare.

This is where I passionately come again on this Floor to talk about the issue of the Universal Health Coverage (UHC) workers. Sometimes, it is very easy for political leaders to just make reckless statements that we do not have money to take care of UHC workers, mainstream them into permanent and pensionable contracts or put them into the payroll of counties and follow that with money.

Saying that is very simple, but have we ever taken just a pause to think about any level of hospital in our communities whether a dispensary or a Level 1, Level 2 or Level

Nikitoa ushuhuda, sisi Maseneta na wanasiasa, miezi mitatu iliyopita, tumekuwa na harambee nyingi lakini kwa sasa, hiyo imepungua. Ningewaomba watu wetu wajiandikishe kwa SHA kwa sababu inafanya ya kazi ili tulainishe mambo ya afya ile kusiwe na malipo yeyote.

Ningeomba Serikali iangalie magonjwa ya saratani, kifua kikuu na pia ugonjwa wa sukari ili matibabu yawe free and fair na hakuna kitu mtu atakuwa analipa. Ninapea serikali ya Kenya Kwanza heko.

Asante, Bw. Naibu wa Spika.

lazima nisaidiwe na daktari.Tunajiuliza, kama mambo haya yanatendeka katika hospitali kubwa, je, mashinani kwa mwananchi, ni wangapi wameteseka na kuumia? Tunajua wakati huu kuna shida za fedha na hospitali zinahitaji fedha. Jana tulilkuwa tunajaribu kupitisha hela za malipo ya madaktari yaliyochelewa.

Ni mpaka tuwe na utu kwa madaktari kwa sababu tunapoomba tunaamini daktari ni kama Mungu wa pili. Hata kama kuna dawa, huwa tunaomba Mungu asaidie na pia aongoze daktari ili ajue mtu ameugua wapi au atapewa dawa zipi. Naomba tuangalie ili uchunguzi ulete mwelekeo na ukweli. Pia, familia hii ihudumiwe kwa njia ifaayo. Huenda ikawa familia itapata fidia ya pesa lakini uhai ulioondoka hautarudi ulimwenguni. Yafaa tujiangalie tukiwa human beings, awe ni daktari ama mtu yeyote.

Daktari ni mtu muhimu sana. Kwa muda wa miezi miwili sasa, madaktari wamekuwa wakija katika lango la Seneti na tumekuwa tukiongea nao. Hata kama kuna shida ya hela, tunaomba madaktari muwe mkiangalia binadamu kwa sababu pesa haziwezi kulinganishwa na kazi mnayofanya. Ni mpaka muwe na roho ya Mungu na muwe mkisaidia binadamu.

Bw. Naibu Spika, kuna magonjwa mengi katika ulimwengu. Binadamu ana shida nyingi na stress. Hata kama familia hii itapata fidia ya pesa haiwezi kuridhika. Madaktari hata kama wako na shida waangaliwe ili hospitali zetu za kaunti zipate dawa na pia ziwe na vifaa vya kazi na vile vitu vingine vinahitajika.

Bw. Naibu wa Spika, kule mashinani, kuna shida nyingi. Magavana wako na shida na wizara pia ziko na shida. Miezi miwili iliyopita, Serikali ya Kenya Kwanza iliweka Waziri wa Afya na tunaona vile anajaribu kulainisha maneno ya afya. Karibu wiki mbili zimezipita, ninakumbuka kuna Director General aliyeajiriwa kwa hiyo Wizara. Kwa hivyo, ni mambo mengi yanayofa kuangaliwa. Hata kama pesa si nyingi, ningeomba daktari yeyote ule, awe mkubwa au mdogo, aliye kazi usiku au mchana, waangalie mambo ya binadamu. Kulikuwa na kisanga kule kaunti ya Embu Hospitali ya Level 3 miezi miwili iliyopita.

Pia, miezi minne iliyopita, kulikuwa na kisanga kingine katika hospitali ya Kiritiri Level 3 ingawaje, huyo mtoto hakufariki. Huo wakati, mama alikuwa karibu kupata mtoto na hakuna daktari alikuwa karibu. Hakuna askari alikuwa karibu na hakukuwa na stima pia. Mambo ya ajabu ni kuwa yule mama alijifungua lakini watu wengi na familia nyingi zimeteseka. Huenda ikawa hawa watakuwa na fikira ya kushtaki kitendo kama hiki lakini vitendo vingi vimefanyika.

Bw. Naibu wa Spika, jana nikiangalia kwa mitandao, kuna kisanga kingine kilifanyika. Kuna mama alikuwa anapata mtoto na kwa bahati nzuri, kulikuwa kina mama wanampeleka hospitali. Alilemewa kwa njia na kulikuwa na kijana, mwenyewe hiyo familia. Alipoonyeshwa kwa runinga, alisema alikuwa anapeleka bibi yake hospitali kupata mtoto na kufanyiwa upasuaji. Huyo kijana alikimbia, mambo ya ajabu lakini sikuangalia ile video vizuri. Alisema alikimbilia kule hospitali na daktari akamwambia ana kazi nyingi. Lakini baadaye, yule kijana akapewa vifaa vyote vya kuzalisha. Wale kina mama walikuwa karibu, walitoroka na yule kijana alisaidia yule mama kupata mtoto.

Bw. Naibu wa Spika, akina mama wengi wajawazito wameteseka. Kwa hicho kitendo cha jana, watu wengi hawajahudhuria vile madaktari wanafanya kazi. Wanaume

Sen. Veronica, they should know that you are one of the Speakers who chairs this Session.

Sen. Kavindu, you are out of order.

Nikitoa ushuhuda, sisi Maseneta na wanasiasa, miezi mitatu iliyopita, tumekuwa na harambee nyingi lakini kwa sasa, hiyo imepungua. Ningewaomba watu wetu wajiandikishe kwa SHA kwa sababu inafanya ya kazi ili tulainishe mambo ya afya ile kusiwe na malipo yeyote.

Ningeomba Serikali iangalie magonjwa ya saratani, kifua kikuu na pia ugonjwa wa sukari ili matibabu yawe free and fair na hakuna kitu mtu atakuwa analipa. Ninapea serikali ya Kenya Kwanza heko.

Asante, Bw. Naibu wa Spika.

Kenya is known to supply doctors and nurses to South Sudan, the United Kingdom and the United States of America. So, to whom much is given much, much is expected.

This Report should be studied by the Kenya Medical Practitioners and Dentists Council, the Kenya Medical Association and associations that bring doctors, nurses, laboratory technicians and all health service providers together. It should not be looked so much with a critical eye, but they should reflect on the service that they offer. If they are the lead in the region and get to serve in the international level, then much more will be demanded of them. When they do that, we can fly our flag high and say that both our legislation and the practice they are doing in Kenya and outside is acceptable and meets the international standards.

I once again want to recount the provisions of Article 43 of the Constitution of Kenya that provides that every person has the right to the highest attainable standard of health. This includes right to health care services and reproductive health care. I also want to note that in the Republic of Kenya, we have a national patient's rights charter that holds that all people have the right to good health and quality health care. This includes right to access health care, right to receive emergency treatment in any health facility, right to be informed of all the provisions of one’s medical scheme or health insurance policy like Social Health Authority (SHA). That is why the public has been informed about the services provided under SHA or TAIFA Care.

They also have the right to choose a health care provider and right to the highest attainable quality health care products and services. The last right I have mentioned talks to the quality of drugs we should have in the country. They also have the right to refuse treatment though I do not know how far that right can be pushed because one must caution themselves. One can probably refuse treatment because they do not believe in it.

They have a right to confidentiality, right to informed consent to treatment, right to information concerning one's health and health care and right to be treated with respect and dignity. At this point, I am thinking of women who give birth in hospitals. Many women complain of being mistreated or not being handled properly in labour wards. Some even say that they do not feel fully supported during the process of childbirth.

They have a right to be treated with respect and dignity, right to second medical opinion, right to complain about health care, right to have their complaint investigated and to receive a full response thereafter, right to insurance coverage without discrimination and right to donate their organ or other arrangement they would wish to have upon their demise. There are people who will that on their demise, their bodies can be used for research or anything else and that is noted under the National Patients' Right Charter.

I have seen the investigation that was carried out by the Committee on Health and it has laid out a very sad story of how the young Annita was handled. We have seen how she went through different processes, procedures, tests and scans. On 9th January, 2021 a bronchoscopy was done to remove the seed that was stuck on her airways. They apparently did not find it and she was adjudged as not having anything blocking her airways. As a result, she was discharged but quickly readmitted on the same day.

Thank you, Mr. Deputy Speaker, Sir, for protecting me and giving me an opportunity to address the House.

There is something the Senators need to know that the Speaker could be nearing the moment when he needs support and leave the Chair. That is why he has fast-tracked my request.

Sen. Veronica, they should know that you are one of the Speakers who chairs this Session.

Sen. Kavindu, you are out of order.

compensated, not because it will bring her back, but as a way for the institution to acknowledge and show remorse for the negligence.

To the Kenya Medical Practitioners and Dentists Council (KMPDC), if you truly want to support the medical profession, do not cover up cases. Instead, help those working in theatres and hospitals improve their practices. There should also be an emphasis on seeking second opinions for patients with complex or technical ailments. Why is there no second opinion? If one doctor makes a serious mistake, why they do not involve another doctor to provide oversight? Have senior doctors taken the responsibility of instructing younger doctors?

We urge the KMPDC and the supreme committee from the Senate to wake up and refine their skills. You are relied upon not only by our country but also by neighboring nations. Many people depend on the Kenya Medical Association, its personnel, doctors, nurses, and all those trained within the Republic of Kenya.

Otherwise, I want to say pole sana to Annita’s family. I pray that justice will be served, not just for the doctor responsible for this incident but for all doctors who have acted negligently toward patients. It is time to acknowledge our mistakes, correct them, and improve our medical institutions to ensure every patient receives the best possible care. Show me a nation with bad doctors, and I will show you a nation whose future is in jeopardy. Doctors, you have done a lot, but continue refining your skills. Reduce the incidences of negligence and do not cover them up.

In my practice as a legal practitioner, one of the hardest cases to prove is one that involves medical negligence. Finding one doctor to testify against another doctor is usually very difficult because they do not want to put their colleagues in trouble. That is understandable because those are their colleagues. Sometimes they say there was no intention of being negligent.

The point is, to improve the skills, let doctors be more careful and seek for medical opinions even from their colleagues. There is no shame in asking your colleague what their opinion is on a case which appears complicated. Let us safeguard life and ensure dignity of patients.

For mothers who have suffered in labour wards while giving birth and those who have had sad medical incidences with medical support around them, that should never happen. It is unfortunate because when mothers walk out of labour wards, they usually speak about very bad experiences they had.

Mr. Deputy Speaker, Sir, since I am a mother and I have also been to labour wards several times, there is nothing as bad for a woman in that moment tutting between life and death for a health practitioner, who is supposed to assist and make it easy, to harass a mother who is delivering, whether in a private or public hospital. That is sadistic and very wrong. It is a gross abuse of human rights. Let us safeguard life. Let us have dignity for patients who walk through the doors seeking for treatment and support.

Thank you, Mr. Deputy Speaker, Sir. I support this report.

Kenya is known to supply doctors and nurses to South Sudan, the United Kingdom and the United States of America. So, to whom much is given much, much is expected.

This Report should be studied by the Kenya Medical Practitioners and Dentists Council, the Kenya Medical Association and associations that bring doctors, nurses, laboratory technicians and all health service providers together. It should not be looked so much with a critical eye, but they should reflect on the service that they offer. If they are the lead in the region and get to serve in the international level, then much more will be demanded of them. When they do that, we can fly our flag high and say that both our legislation and the practice they are doing in Kenya and outside is acceptable and meets the international standards.

I once again want to recount the provisions of Article 43 of the Constitution of Kenya that provides that every person has the right to the highest attainable standard of health. This includes right to health care services and reproductive health care. I also want to note that in the Republic of Kenya, we have a national patient's rights charter that holds that all people have the right to good health and quality health care. This includes right to access health care, right to receive emergency treatment in any health facility, right to be informed of all the provisions of one’s medical scheme or health insurance policy like Social Health Authority (SHA). That is why the public has been informed about the services provided under SHA or TAIFA Care.

They also have the right to choose a health care provider and right to the highest attainable quality health care products and services. The last right I have mentioned talks to the quality of drugs we should have in the country. They also have the right to refuse treatment though I do not know how far that right can be pushed because one must caution themselves. One can probably refuse treatment because they do not believe in it.

They have a right to confidentiality, right to informed consent to treatment, right to information concerning one's health and health care and right to be treated with respect and dignity. At this point, I am thinking of women who give birth in hospitals. Many women complain of being mistreated or not being handled properly in labour wards. Some even say that they do not feel fully supported during the process of childbirth.

They have a right to be treated with respect and dignity, right to second medical opinion, right to complain about health care, right to have their complaint investigated and to receive a full response thereafter, right to insurance coverage without discrimination and right to donate their organ or other arrangement they would wish to have upon their demise. There are people who will that on their demise, their bodies can be used for research or anything else and that is noted under the National Patients' Right Charter.

I have seen the investigation that was carried out by the Committee on Health and it has laid out a very sad story of how the young Annita was handled. We have seen how she went through different processes, procedures, tests and scans. On 9th January, 2021 a bronchoscopy was done to remove the seed that was stuck on her airways. They apparently did not find it and she was adjudged as not having anything blocking her airways. As a result, she was discharged but quickly readmitted on the same day.

When she was returned back to hospital, there was now some tooth that had been swallowed and was to be removed from the system. The whole thing looked untidy. If you look at page 8 of that Report, it appears that Annita lost two of her upper incisor teeth while in theatre. Upon inquiry, Dr. Nishon confided to them that he removed the two teeth because they were wobbly during bronchoscopy procedure. In total, they removed three teeth, including the one from the lung yet the hospital could not account for those teeth. When they were asked by Annita's mum where those teeth went to, they only produced one or two. They could not account for the teeth that were removed from the child in the theatre yet the child had gone to theater to be removed a black seed that was stuck in hear airway.

It is sad that when this matter was finally brought to the Kenya Medical Practitioners and Dentists Council, it took so long for a determination to be done. It look long for them to determine whether the hospital and the doctors were negligent or not. This thing was so dramatic. After a long process and a long wait, they finally found that Dr. Stephen Odingo and Moi Teaching and Referral Hospital were negligent and each was fined Kshs200,000 and Kshs350,000 respectively. I do not know if that money was paid but it is what I would call peppercorn. We had needless loss of life.

Our Government spends quite a substantial amount of money to take us through university education. Most doctors in Kenya have been trained in our public institutions, just like many of us who have gone through public institutions at the university level. Our doctors are well trained. Many sick people have gone to hospital and have recovered fully after five or six operations. We appreciate the doctors for the successful procedures they have done.

We have delivered in those hospitals, and the babies were okay. There are many good things in our hospitals, but we only focus on what has not gone well. Why? This is because medicine is not like engineering, where a mistake can be corrected or a house can be demolished, and rebuilt. Medical negligence, once committed, is often irreversible. It destroys the patient, the family and many others along the line.

That is why we insist that the findings of this Report must mark the end of the widespread negligence we see in hospitals. Hospitals must conduct self-inspections and doctors must take responsibility for managing medical negligence in Kenya. Annita is not the only one who has suffered. There are many people who do not know what to do, how to petition Parliament, or where to seek help. If there were proper self-governance within the doctors' boards and medical boards, it would be much easier to manage cases of negligence.

I also recognize that doctors and hospitals are overwhelmed. Doctors are overworked. It calls for an integrated, thorough and multifaceted approach to ensure we have doctors who are not only well-remunerated, but also not overworked. When they are in the theatre, their decisions should not be compromised by exhaustion or long working hours.

We urge the Standing Committee on Health not to let this Report gather dust on the shelves of the Senate. It must be reviewed by the Cabinet Secretary for Health, and all hospitals to help reduce instances of negligence. Of course, Annita’s family should be

compensated, not because it will bring her back, but as a way for the institution to acknowledge and show remorse for the negligence.

To the Kenya Medical Practitioners and Dentists Council (KMPDC), if you truly want to support the medical profession, do not cover up cases. Instead, help those working in theatres and hospitals improve their practices. There should also be an emphasis on seeking second opinions for patients with complex or technical ailments. Why is there no second opinion? If one doctor makes a serious mistake, why they do not involve another doctor to provide oversight? Have senior doctors taken the responsibility of instructing younger doctors?

We urge the KMPDC and the supreme committee from the Senate to wake up and refine their skills. You are relied upon not only by our country but also by neighboring nations. Many people depend on the Kenya Medical Association, its personnel, doctors, nurses, and all those trained within the Republic of Kenya.

Otherwise, I want to say pole sana to Annita’s family. I pray that justice will be served, not just for the doctor responsible for this incident but for all doctors who have acted negligently toward patients. It is time to acknowledge our mistakes, correct them, and improve our medical institutions to ensure every patient receives the best possible care. Show me a nation with bad doctors, and I will show you a nation whose future is in jeopardy. Doctors, you have done a lot, but continue refining your skills. Reduce the incidences of negligence and do not cover them up.

In my practice as a legal practitioner, one of the hardest cases to prove is one that involves medical negligence. Finding one doctor to testify against another doctor is usually very difficult because they do not want to put their colleagues in trouble. That is understandable because those are their colleagues. Sometimes they say there was no intention of being negligent.

The point is, to improve the skills, let doctors be more careful and seek for medical opinions even from their colleagues. There is no shame in asking your colleague what their opinion is on a case which appears complicated. Let us safeguard life and ensure dignity of patients.

For mothers who have suffered in labour wards while giving birth and those who have had sad medical incidences with medical support around them, that should never happen. It is unfortunate because when mothers walk out of labour wards, they usually speak about very bad experiences they had.

Mr. Deputy Speaker, Sir, since I am a mother and I have also been to labour wards several times, there is nothing as bad for a woman in that moment tutting between life and death for a health practitioner, who is supposed to assist and make it easy, to harass a mother who is delivering, whether in a private or public hospital. That is sadistic and very wrong. It is a gross abuse of human rights. Let us safeguard life. Let us have dignity for patients who walk through the doors seeking for treatment and support.

Thank you, Mr. Deputy Speaker, Sir. I support this report.

though we are debating this, and yes, it is our job to stand as legislators to represent and oversight matters of the sort, it does not take away from the results that we are staring at, which is that a young girl has gone because of gross negligence. Just like it was said by a good man of God this morning at the prayer breakfast, we must apologise if we are to seek any kind of freedom or forgiveness for transgressions.

Let me be clear. Leaders in this country, including doctors in this facility that handled Annita, have not only sinned against God, but they have sinned against man. Even if today's prayer breakfast convicted some of us and their grievous transgressions, as I said, and they felt led to come into agreement with the different prayers prayed, remember, we have not only sinned against God, but we have also sinned against man. This is greater than an Act of Parliament. It is greater than this Report and the Constitution that we serve. This is God's law. As lawmakers, we ought to be the ones to understand more than most, the importance of following the letter of the law.

Mr. Temporary Speaker, Sir, I would like to also, apart from giving my condolences---

Sen. Crystal, it is Madam Speaker now.

It is always painful to read these kinds of reports and hear about these kinds of accounts. This one here is not different; a devastatingly painful narrative of a young girl called Annita who needlessly lost her life in the care of a facility that is supposed to safeguard life. It must have been very difficult for Members of the Committee on Health to go over the harrowing story and account that they have put down in this report. However, I thank them for their effort in the recommendations and findings therein. Death need not be this way. The young girl called Annita was just a little baby.

We had a few students today in the Public Gallery, I think of that age group as the chosen generation who are here to live out their purpose and assignment. Therefore, their lives like that of Annita being cut short is unforgivable under any circumstance. As a young person who deals with many young people and the youth by listening to their goals and dreams, I am just beside myself having to read this Report, especially when it is under the circumstance of gross negligence by MTRH.

Though it is painful to read through and debate this evening, I am happy to at least hear colleague Senators empathise with the narrative in this Report. They have empathised the pain and grueling experience Annita must have gone through before succumbing to her unfortunate death in that medical facility. That was flagged off by Sen. Cherarkey who made the first submissions.

I was surprised to hear him speak so passionately about human rights, compassion, empathy and matters of safe guarding life because the tone from him last week, and the HANSARD will bear me witness, did not track with what was said here today.

Thank you, Sen. Crystal Asige. For those who missed the prayer breakfast, I think you can already hear it has changed people. We hope next year, you will not miss the prayer breakfast.

Proceed, Sen. John Methu.

Thank you very much, Madam Temporary Speaker. I am one of those who missed the prayer breakfast. I am very happy to hear that those who attended are changing. I hope they will really change because they really require that change. I specifically think that the people who attended, were required to attend; not those of us who did not attend. The change is needed by those who attended.

I first want to thank the Standing Committee on Health. I think they have done a very good job. This is a good report, considering that the tools of trade they were working with in terms of their recommendations were not very broad. The spectrum upon which action can be taken on such a difficult and sad case, I have seen that the tools that they were using, the rules that they were depending on, I really do not think that those were the tools that they would require.

May I say this; this is an extremely painful and difficult petition that has come to the Senate. I do not think it can be more painful. I do not think the Senate can debate a more painful petition than this. I agree with Sen. Asige that baby Annita Jepkorir needed not go through such a difficult and painful ordeal, especially the people whom she and her parents sought help from, the ones who were supposed to help her after this very unfortunate incident.

Thank you. I thought I just said Speaker, I do not think that I said Madam or Mr., but I will continue.

Madam Temporary Speaker, we have this Report that we are debating on, and I think we have all concluded that it is a good report, and the Committee has done a good job. I do think that there needs to be more stringent recommendations. A fine is not enough. In my opinion, disciplinary action should be to the highest degree for the result that we are seeing here today, which is loss of life.

Madam Temporary Speaker, it is not enough for a Kshs200,000 or Kshs350,000 fine to be set upon a doctor. The entire facility should pay on account for this negligence, because Annita was so brave. I can only imagine she was so brave, being taken from medical room to medical room, doctor to doctor, test to test with no answers. She even left the facility and came back later that day, still in pain and agony. She must have been so brave, trying to hold on to her life, but doctors did not try as hard as she was trying, because when it comes to the relationship between doctor and patient, it has to be a mutual collaborative relationship. The patient has to try just as hard as the doctor has to try to preserve life. In this case - and according to this report - the doctors did not do their part in preserving life.

Annita was left alone for all those hours, through all those tests, through all that waiting; she was left alone, just like many young children and many young youths in this country have been left alone by the people who are supposed to serve and protect them. Young people are going through far too much.

This morning when we had the national prayer breakfast, I was so happy to hear young people being affirmed and validated and being seen and being given a voice. It is comforting and reassuring that at least one or two people understand the importance of youth, the promise that young people have. Unfortunately, Annita will not get to see

another day to fulfill her promise as a young person because of the negligence that we are seeing here.

As I close, I also want to take the opportunity to convey my condolences to her family, friends and community. It is heartbreaking and it was needless, like I said, preventable under every single circumstance, according to this Report. So many things went wrong and it was not just one action; it was a slew of different failures by this particular facility.

I hope that the Kenya Medical Practitioners and Dentists Council (KMPDC) will do their job, as well as our Senate Standing Committee on Health, to continue to pursue this, not just let this Report be tabled and then have it as done and dusted. We need to do far more to ensure that this does not continue because youth are relying on us on all fronts, whether it is in education, healthcare, governance, in the judicial system, even here in Parliament, to be represented fully and to be safeguarded without fear or favour of any kind of failure from us.

We are the head and not the tail, as youth. We are a holy nation, as the youth. Like I said, we are the chosen generation as the youth. We are lenders and not the borrowers. These are the things that were talked about and are continuing to be talked about in the wake of this morning's National Prayer Breakfast.

I want young people and even the precious memory of Annita to take comfort in that; that we will continue whatever work she was assigned to do here on this earth.

I thank you.

Thank you, Sen. Crystal Asige. For those who missed the prayer breakfast, I think you can already hear it has changed people. We hope next year, you will not miss the prayer breakfast.

Proceed, Sen. John Methu.

that doctor that a person died, the only thing we can do is reprimand or caution. If we are to take adverse step in punishing this doctor, then he should be asked to go back to school. It should not about taking account of what they have done already. The other thing that we can do which Sen. Cherarkey has talked about is to ask that doctor go back to school.

So, what is the fate of the people who have suffered in the hands of this particular person? We must make it stringent. Think of the parents of Annita Jepkorir and the kind of suffering they underwent. They really suffered when that baby was alive. A foreign object was in their daughter's respiratory system and it was not removed. To conceal the negligence of the doctor, they removed the teeth of the girl. When they asked for the teeth, it was not available and they were not allowed to insist on asking.

Those parents have also suffered after the death of their daughter. Do we really appreciate that this girl died three years ago yet justice has not been served to these parents? They had to come to the Senate because nothing has happened in the last three years. When they sought for information to lodge this complaint, the Moi Teaching and Referral Hospital did not come through for them.

The Moi Teaching and Referral Hospital, Kenyatta National Hospital and Kenyatta University Teaching and Referral Hospital are at the top in terms of the health facilities that we have in the Republic. Sen. (Dr.) Khalwale, imagine what would happen in a hospital like J.M Kariuki, which is not even a teaching and referral hospital, if people can suffer like this in the Moi Teaching and Referral Hospital. We usually expect the best of the best to be found in the level six hospitals. But what do we get? This kind of a problem.

I feel that in our recommendations, we apportioned the bigger blame of the death of baby Annita Jepkorir to the legal department of Moi Teaching and Referral Hospital more than the person who was negligent. The recommendations require that disciplinary action and administrative action should be taken on the staff of the legal department of Moi Teaching and Referral Hospital. However, there is nothing like disciplinary or administrative action on the doctor who caused this death.

My question is: who should be apportioned more blame? We have the people who tried to conceal evidence and the person who caused the sin. I am confused. Who should carry the bigger burden of the death of baby Annita Jepkorir? In our recommendation, we have asked for that disciplinary and administrative action be taken upon the legal department because they were supposed to help the parents of baby Annita to the bottom of this. I agree that this is good. However, I believe the bigger blame is on Dr. Ondigo and the team of doctors who were working on this baby.

There is another good recommendation, and I hope that it will be implemented. Recommendation No.4 states that there should be a creation of a formal patient’s advocacy within healthcare facilities to assist families in navigating complaints. Imagine people who are languishing in the villages and they do not even know that they can petition the Senate. We have people who have suffered in the hands of doctors, but they cannot get justice. This is because the framework upon which they can seek for this

justice has not been established. We now have a case of the Moi Teaching and Referral Hospital.

What happens to people who have gone through such an experience or have a complaint against a doctor or a health facility? The complaint could be on any type of health facility. It could be a Level 5 or Level 3 health facility, a dispensary or a health centre.

Madam Temporary Speaker, there are many cases of misdiagnosis. Many people have been misdiagnosed and suffered at the hands of doctors. There are many individuals who have been told they have a certain disease, only for it to be later established that they do not have it. The trauma of such experiences is why patients are advised to seek second, third, or even fourth opinions, only to find each diagnosis differing from the initial one.

I wonder, Dr. Boni, as a doctor, do you follow a different syllabus? How is it that one doctor diagnoses a patient with one condition while another gives a completely different diagnosis? In one hospital, a patient is told they have H. Pylori; in the next, they are diagnosed with stomach cancer; and in another, they are simply advised to drink more water. This incompetence must be addressed.

As I see the light beaming, I want to consolidate and conclude. Number five: we need to develop standardised protocols and mechanisms for investigating reported medical negligence cases. Do you see that after the Kenya Medical Practitioners and Dentists Council (KMPDC) found this doctor culpable, they were simply told to negotiate with the family on the action to be taken? Do you see ---

By the way, I also wanted to ask, since these doctors were fined, with one fined Kshs250,000 and another Kshs300,000, who was receiving this money? Was it going to the parents, the hospital, the council itself or someone else? Why do we not have a prescribed list of measures to be taken once someone is found culpable? It should not be left to negotiation with the affected family.

In the hospital’s submissions, they are even asking the family to appreciate the many hours worked. They say, “You must appreciate that we worked on your daughter for so long”. However, you worked on her like someone heading to Nyandarua but taking the road to Mombasa, driving at full speed and expecting appreciation for how fast you are going. If you are moving in the wrong direction, you will never reach your destination.

Similarly, once a misdiagnosis has occurred, it does not matter how long a doctor works on the baby, the damage has already been done. In fact, the parents of this baby have argued that the prolonged treatment resulted from an initial mistake. Had the doctor correctly identified that the foreign object was merely a swallowed seed, they would not have worked on her for such a long time.

We need to encourage hospitals to engage in mediation with patients' families. However, this mediation must be structured. It cannot simply be a matter of telling the family to negotiate with the hospital. There must be a clear, well-defined mediation mechanism in place. Even in court, there must be mediation. One must meet a mediator to settle matters out of court, not simply be forced to agree with the hospital.

Every time patients and their families are told to negotiate directly with the hospital, they are the ones who often lose, not the hospital. The hospital will argue that they did their best, that they provided the highest standard of medical care, that they gave the best surgeon. However, the issue is not about having the best surgeon. It is about having done the wrong thing.

Finally, as I conclude, I want to express my appreciation to the Senate. I am truly proud to be a member of this Senate because of the critical issues we address that profoundly affect the people of Kenya. I never hear the Hon. Speaker call for adjournment to discuss individuals; that is simply not how the Senate operates. I am proud that in this Senate, we always focus on meaningful issues. We may not always agree. We may hold divergent opinions time and again. However, even at the height of the Gen Z protests in June, 2024, when others chose to step away, the Senate remained steadfast. We were here addressing the real issues that affect the people of Kenya. I believe that is the Senate I have always aspired to be part of, and I am always proud to be a Member of this institution.

Thank you very much.

that doctor that a person died, the only thing we can do is reprimand or caution. If we are to take adverse step in punishing this doctor, then he should be asked to go back to school. It should not about taking account of what they have done already. The other thing that we can do which Sen. Cherarkey has talked about is to ask that doctor go back to school.

So, what is the fate of the people who have suffered in the hands of this particular person? We must make it stringent. Think of the parents of Annita Jepkorir and the kind of suffering they underwent. They really suffered when that baby was alive. A foreign object was in their daughter's respiratory system and it was not removed. To conceal the negligence of the doctor, they removed the teeth of the girl. When they asked for the teeth, it was not available and they were not allowed to insist on asking.

Those parents have also suffered after the death of their daughter. Do we really appreciate that this girl died three years ago yet justice has not been served to these parents? They had to come to the Senate because nothing has happened in the last three years. When they sought for information to lodge this complaint, the Moi Teaching and Referral Hospital did not come through for them.

The Moi Teaching and Referral Hospital, Kenyatta National Hospital and Kenyatta University Teaching and Referral Hospital are at the top in terms of the health facilities that we have in the Republic. Sen. (Dr.) Khalwale, imagine what would happen in a hospital like J.M Kariuki, which is not even a teaching and referral hospital, if people can suffer like this in the Moi Teaching and Referral Hospital. We usually expect the best of the best to be found in the level six hospitals. But what do we get? This kind of a problem.

I feel that in our recommendations, we apportioned the bigger blame of the death of baby Annita Jepkorir to the legal department of Moi Teaching and Referral Hospital more than the person who was negligent. The recommendations require that disciplinary action and administrative action should be taken on the staff of the legal department of Moi Teaching and Referral Hospital. However, there is nothing like disciplinary or administrative action on the doctor who caused this death.

My question is: who should be apportioned more blame? We have the people who tried to conceal evidence and the person who caused the sin. I am confused. Who should carry the bigger burden of the death of baby Annita Jepkorir? In our recommendation, we have asked for that disciplinary and administrative action be taken upon the legal department because they were supposed to help the parents of baby Annita to the bottom of this. I agree that this is good. However, I believe the bigger blame is on Dr. Ondigo and the team of doctors who were working on this baby.

There is another good recommendation, and I hope that it will be implemented. Recommendation No.4 states that there should be a creation of a formal patient’s advocacy within healthcare facilities to assist families in navigating complaints. Imagine people who are languishing in the villages and they do not even know that they can petition the Senate. We have people who have suffered in the hands of doctors, but they cannot get justice. This is because the framework upon which they can seek for this

justice has not been established. We now have a case of the Moi Teaching and Referral Hospital.

What happens to people who have gone through such an experience or have a complaint against a doctor or a health facility? The complaint could be on any type of health facility. It could be a Level 5 or Level 3 health facility, a dispensary or a health centre.

Madam Temporary Speaker, there are many cases of misdiagnosis. Many people have been misdiagnosed and suffered at the hands of doctors. There are many individuals who have been told they have a certain disease, only for it to be later established that they do not have it. The trauma of such experiences is why patients are advised to seek second, third, or even fourth opinions, only to find each diagnosis differing from the initial one.

I wonder, Dr. Boni, as a doctor, do you follow a different syllabus? How is it that one doctor diagnoses a patient with one condition while another gives a completely different diagnosis? In one hospital, a patient is told they have H. Pylori; in the next, they are diagnosed with stomach cancer; and in another, they are simply advised to drink more water. This incompetence must be addressed.

As I see the light beaming, I want to consolidate and conclude. Number five: we need to develop standardised protocols and mechanisms for investigating reported medical negligence cases. Do you see that after the Kenya Medical Practitioners and Dentists Council (KMPDC) found this doctor culpable, they were simply told to negotiate with the family on the action to be taken? Do you see ---

By the way, I also wanted to ask, since these doctors were fined, with one fined Kshs250,000 and another Kshs300,000, who was receiving this money? Was it going to the parents, the hospital, the council itself or someone else? Why do we not have a prescribed list of measures to be taken once someone is found culpable? It should not be left to negotiation with the affected family.

In the hospital’s submissions, they are even asking the family to appreciate the many hours worked. They say, “You must appreciate that we worked on your daughter for so long”. However, you worked on her like someone heading to Nyandarua but taking the road to Mombasa, driving at full speed and expecting appreciation for how fast you are going. If you are moving in the wrong direction, you will never reach your destination.

Similarly, once a misdiagnosis has occurred, it does not matter how long a doctor works on the baby, the damage has already been done. In fact, the parents of this baby have argued that the prolonged treatment resulted from an initial mistake. Had the doctor correctly identified that the foreign object was merely a swallowed seed, they would not have worked on her for such a long time.

We need to encourage hospitals to engage in mediation with patients' families. However, this mediation must be structured. It cannot simply be a matter of telling the family to negotiate with the hospital. There must be a clear, well-defined mediation mechanism in place. Even in court, there must be mediation. One must meet a mediator to settle matters out of court, not simply be forced to agree with the hospital.

Every time patients and their families are told to negotiate directly with the hospital, they are the ones who often lose, not the hospital. The hospital will argue that they did their best, that they provided the highest standard of medical care, that they gave the best surgeon. However, the issue is not about having the best surgeon. It is about having done the wrong thing.

Finally, as I conclude, I want to express my appreciation to the Senate. I am truly proud to be a member of this Senate because of the critical issues we address that profoundly affect the people of Kenya. I never hear the Hon. Speaker call for adjournment to discuss individuals; that is simply not how the Senate operates. I am proud that in this Senate, we always focus on meaningful issues. We may not always agree. We may hold divergent opinions time and again. However, even at the height of the Gen Z protests in June, 2024, when others chose to step away, the Senate remained steadfast. We were here addressing the real issues that affect the people of Kenya. I believe that is the Senate I have always aspired to be part of, and I am always proud to be a Member of this institution.

Thank you very much.

Thank you, Sen. Methu. Let us now have Sen. Hamida. I hope you are not seated in that seat. Serjeant-at-Arms, you noticed that her seat malfunctioned and made her fall. You should have reacted faster. If that happens next time, the response time should reduce. She was down for a half a minute. She should not be down for over five seconds before you move in.

Proceed, Sen. Hamida.

Madam Temporary Speaker, the Senate Minority Leader is insisting that I should go to the Dispatch Box. Thank you for your concern. Amen!

Madam Temporary Speaker, today, I feel honoured by this Petition and how my colleagues have contributed. This is a Petition that I read here and it was directed to the Committee on Health where I am Member to investigate. My colleagues have spoken with so much passion about it such that I feel overwhelmed. I could feel the pain. You can imagine what I went through when I was talking to Mama Annita.

Mama Annita came to me crying. It is like she had lost all the hope. Of course, she had lost Annita, but she had also lost the hope of getting justice. It was in that breath that I decided that I needed to follow it up.

Madam Temporary Speaker, you, Sen. Asige, and Sen. Methu among others contributed passionately. I was only waiting for Sen. Khalwale who is a medical doctor to add the flavour.

I really do not have much to add because I am the one who brought this Petition here. This is not the first time I am bringing an issue on medical negligence. I have brought here other Petitions to do with medical negligence, such as the case of that baby whom I cannot remember the name that occurred at the KNH. We also had an issue at Mama Lucy Kibaki Hospital (MLKH) where a mother lost her life after delivering twins.

There were two issues there. I do not know whether there was failure of medical equipment. The report indicated that there was an issue in bronchoscopy and

thoracotomy. Forgive my pronunciation because those are foreign words to me. I know Dr. Khalwale understands them well. Those procedures performed to remove the injected foreign bodies were not done properly. It could be that that mess was messy such that the medical equipment was non-functional.

There is a time I went to the KNH. Out of about 45 dialysis machines, only 20 were working but about 25 were not. They told us that all of them were not working, yet people are being paid for medical equipment.

Madam Temporary Speaker, I brought a Statement here on medical equipment but until now, I am still complaining because nothing has been discussed. That Statement has remained pending to date. We have not gone there for some time. It is now two years down the line but that Statement has not been dealt with. It could have been done intentionally by the Committee on Health where I sit but I am not sure. I feel sad about that.

It could have been because of medical equipment or negligence by one of the doctors, especially Dr. Ondigo and his team, who revisited the CT scan results to confirm retrieval of the foreign object. Imagine the pain that girl was in when they plucked her two teeth out of nothing. Since they did not see a black seed, they had to give an excuse that it was either one tooth that went in; that, she consumed the tooth and that is why she had the failure. However, the post-operative briefings were not done by the medical practitioners and the surgeons who violated the good medical practice by not giving the proper documentation, information shared during different briefings with the patient.

The family members were all frustrated. Nothing was coming forthright, the attendance on the post-discharge complications were managed without consulting cardiothoracic surgeons, which coupled with poor record-keeping procedures, that violated the mis-disciplinary care.

Madam Temporary Speaker, the Petitioner, was denied fair hearing. Mama Annita was denied fair hearing of the death of her child. The dispute resolution of the Moi Teaching & Referral Hospital (MTRH) and Kenya Medical Practitioners and Dentists Council (KMPDC) delayed in addressing the concerns raised in the matters as characters by the extent and the delay between the case and what was filed with the decision and what was rendered.

Madam Temporary Speaker, when we talk about negligence of the doctors, I talk about it in pain, because, I also lost our first-born sister at the Kenyatta National Hospital, through medical negligence. She was given wrong medicine, the steroids, and she had to lose her life. So, I felt for Mama Annita. That is why I had to bring forth the Petition.

Madam Temporary Speaker, our prayers and recommendations in the Committee was that disciplinary action should be taken to ensure full compliance with Section 26(g) of the Medical Practitioners and Dentists Act, which requires fines to be imposed in addition to other appropriate disciplinary measures. However, I feel strongly that, after losing life, paying fines is just not enough. These doctors have to pay for it. We need to create a form of patient-advocacy, a programme where the healthcare facilities can assist families in navigating complaints and grievances related to such cases. This right should be available in of such negligence.

Sen. (Dr.) Khalwale, when we resume, you will have a balance of 13 minutes, and this debate will continue tomorrow.

Thank you, Senator, for your contribution and for bringing the petition.

Sen. (Dr.) Boni Khalwale, you may proceed.

Madam Temporary Speaker, I want to thank you for this chance. I want to confess from the beginning that this is not an easy debate. It is extremely complex because anything resulting in death is final. It marks the cessation of life that expresses itself through cessation of breathing, cessation of the heartbeat, and death of the brain.

To debate this difficult subject, we must understand, as Parliament, what medical negligence is, because we are about to pass a serious verdict that Dr. Ondigo and the MTRH were negligent. Negligence involves a case where a healthcare provider fails to follow standard methods of providing care ending up causing preventable harm to a patient. This harm to the extreme can be death or various levels of injury. This is where we are that poor little Annita died and the Senate is investigating. Did Dr. Ondigo fail to

provide medical care using standard medical methods? That is what you should respond to. To do this, dear colleagues, to my professional mind, we must stick against six boxes.

The first box is, was there misdiagnosis? Was Dr. Ondigo unable to establish the medical problem of the little girl? In this case, from this Report, no. Dr. Ondigo made the proper diagnosis of a foreign object in the pulmonary system. So, you cannot indict him on that score.

The second one is, was there failure to treat? In this report, I have read it carefully, there was a lot of time spent on attempting to treat this patient so as to prevent this unfortunate outcome. Treatment is not defined as having been done only when the patient has recovered. Even where a patient dies, treatment may have been given. Again, you cannot indict Dr. Ondigo.

The third question is, was there surgical or anesthetic error? Here, you cannot tick it off because we do not know what happened in theatre, whether it is the doctor who got it wrong or the anesthetist who did not give the proper anaesthesia.

The fourth question which we must ask, was the surgery that was given necessary or it was unnecessary? As a medical expert, I can confirm that based on the diagnosis, the surgery which was given in this case was the correct one. So, you cannot indict Dr. Ondigo on this particular score.

The fifth question we must answer is, were there medical errors? On this one, both the hospital and Dr. Ondigo cannot run away. From what we have heard, it looks as if either during theatre, immediately after or the long-term post-operative care, there must have been errors. Here, it is difficult to vouch for the innocence of Dr. Ondigo.

The last one is the timing of the surgery. In this case, was surgery delayed? From the reports I am reading here, it is not too clear the timings of both bronchoscopy and thoracotomy.

Let me spend some time on this one. Sen. Hamida, this big word in English, bronchoscopy, is a simple procedure where using a medical equipment called a bronchoscope, you approach the pulmonary system of the patient, shine the light inside, and view whether you can pick any foreign object---

Sen. (Dr.) Khalwale, when we resume, you will have a balance of 13 minutes, and this debate will continue tomorrow.

Hon. Senators, it is now