April, 29, 2026 SENATE DEBATES 1

Wednesday, 29th April, 2026

Clerk, do we have quorum?

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

We have quorum now, we will start off. Clerk, you may read the first Order.

I have a Communication to make regarding the operationalisation of the Taiden Multimedia Congress System.

As you may recall, the Taiden Multimedia Congress System was installed during the recess between December, 2025 and February, 2026 to manage the various aspects of the Senate proceedings in plenary. The installation of the new Chamber system was necessitated by persistent system challenges experienced with the former Braehler Congress System, which had become obsolete after its use for over 10 years.

I have issued several communications since the operationalisation of the new system in February 2026, seeking to apprise the House of the status of installation and configuration of the system. You will also recall that, on Tuesday, 10th February, 2026,

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Honourable Senators, as you will recall, I issued a communication yesterday, Tuesday, 28th April, 2026, inviting you to attend the official launch of the first edition of the Annotated Senate Standing Orders and three other publications on the mediation process during the 11th and 12th Parliaments, the process of allocation of revenue to county governments between the financial years 2013/2014 and 2021/2022 and the impeachment processes in the Senate from 2013 to 2022.

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Honourable Senators, I wish to report to the Senate that, pursuant to Standing Order No.46

(3)

and

(4)

, I have received the following Message from the Speaker of the National Assembly regarding the decision of the National Assembly on the Senate amendments to the Public Service

(Amendment)

Bill

(National Assembly Bills No.46 of 2022)

.

The Message, dated Thursday, 23rd April, 2026 was received in the office of the Clerk of the Senate on Friday, 24th April, 2026.

Pursuant to Standing Order No.46 (5) , I now report the Message – PURSUANT to the provisions of Standing Order No.41 (1) and 148 (b) of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly -

WHEREAS, on Thursday, 26th October 2023, the National Assembly passed the Public Service

(Amendment)

Bill

(National Assembly Bill No.46 of 2022)

with amendments and thereafter referred the Bill to the Senate for consideration in accordance with the provisions of Article 110

(4)

of the Constitution;

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Mr. Speaker, Sir, I appreciate the very detailed communication that you have made that stems from Standing Order No.46. I just wanted to request the Speaker and the secretariat to ensure that those detailed communications from the Chair are also made available to Senators on these devices. This is because your detailed report to this House, coming from the National Assembly, indicates that there will be a time when there will be more Mediation Committees than Standing Committees in this House. From your communication, I think there will be about four or five Mediation Committees just in one day.

So probably this could be made available to us so that we can refer to them. They are a very important basis for bicameral relations. I believe that even though Senators have heard, it would be important for us to have that record for future reference. Thank you.

It is a valid concern. It is noted. Next Order.

April, 29, 2026 SENATE DEBATES 8 REPORT ON THE ELECTRONIC EQUIPMENT DISPOSAL, RECYCLING AND REUSABLE BILL (SENATE BILLS NO.5 OF 2025)

Mr. Speaker, Sir, I beg to lay the following Paper on the table of the Senate today, Wednesday, 29th April, 2026;

Report of the Standing Committee in Information, Communication and Technology on its consideration of the Electronic Equipment Disposal, Recycling and Reusable Bill (Senate Bills No. 5 of 2025) .

Next Order. The Vice Chairperson, Mediation Committee.

Thank you, Honourable Speaker. Allow me to give notice of the following Motion:

THAT, the Senate adopts the report of Mediation Committee on National Disaster Risk Management Bill (National Assembly Bill No. 24 of 2023) , laid on the table of the Senate on Tuesday, 28th April, 2026, and that pursuant to Article 113 (2) of the Constitution and Standing Order No.167 (3) of the Senate approves the mediated version of the Bill.

Thank you, Mr. Speaker, Sir.

Next Order.

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Thank you very much, Mr. Speaker, Sir, for giving me this opportunity to welcome students from KUSA to the Senate. This is the House that is tasked to oversee and protect the interest of the counties pursuant to Article 96 of the Constitution. I take this opportunity to welcome you as the Senator for Kiambu County and on behalf of the Senate.

During your time here, you will have the opportunity to learn both from our work in the Chamber and from what happens behind the scenes with our staff. We are not always as quiet as we are today, but the real action is yet to come, so, please, stick around. We have several Motions and Bills on the horizon that are sure to get everyone on their feet. So, do not go very fast. Welcome

Statement pursuant to Standing Order No.53 (1) . Senator from Busia County, Hon. Okiya Omtatah.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Education on a matter of national concern regarding the regulation and compliance of Technical and Vocational Education and Training (TVET) institutions in the country.

Mr. Speaker, Sir, there are growing concerns over the emergence of institutions offering uncredited programmes, misrepresenting certifications and international partnerships and making questionable employment guarantees, thereby exposing students and parents to potential exploitation and undermining the integrity of the TVET subsector. In the statement, the committee should address the following-

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Senator for Taita-Taveta County, Hon. Mwaruma.

Mr. Speaker, Sir, I rise to Standing Order No.53 (1) to seek a statement from the Standing Committee on Information, Communication and Technology on a matter of nation-wide concern regarding the concerns raised by Kenyan content creators on monetization practises and revenue sharing mechanism on X, particularly in relation to fairness, transparency and equitable participation in the digital economy.

The digital economy increasingly drives employment and income, especially among Kenyan youth engaged in content creation across global digital platforms. However, concerns have emerged from Kenyan creators about earnings on X and the transparency and structure of its monetization systems. This issue raises policy and regulatory questions within the Kenyan Information and Communication Act, 1998 and National Digital Economy Strategies. In the statement, the committee should address the following-

On a point of order, Mr. Speaker, Sir.

What is your point of order, Sen. Kinyua?

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Mr. Speaker, Sir, the Senator for Trans Nzoia County is the Chairman of the Standing Committee on ICT. He does not need to seek a statement. They can do that from their committee suo moto. I needed your clarification whether the committee can always get statements here for them to do their work.

Sen. Alan Chesang, proceed to conclude, please. Take your seat, Sen. Kinyua.

I just want your guidance, Chair.

Take your seat. That is my guidance.

Okay.

Thank you, Mr. Speaker, Sir. In the statement, the committee should address the following-

Next is the Senator for Kitui County, Hon. Enoch.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a statement from the Standing Committee on Land, Environment and Natural Resources on a matter of countywide concern regarding human-wildlife conflict in Kitui County.

Elephants have increasingly caused havoc and extensive destruction of crops, property and livelihoods in several areas in Kitui County. The most recent incident occurred on Saturday, 25th April, 2026, in Ngali Village in Ngalange Sub Location, Simisi Location, where a lady, Ms. Kaviti Maithya, was attacked by a stray elephant at around 7.00 p.m. at Ngali Shopping Centre where she operated a kiosk. She sustained

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Hon. Senators, I will allow comments on the Statement that have been sought for not more than 15 minutes. If you get an opportunity to comment, kindly keep it under three minutes.

The first one is Sen. Tabitha Mutinda.

Mr. Speaker, Sir, I rise to make comments on the Statement by Sen. Enock Wambua regarding the massacre happening in my mother’s county which is the great County of Kitui. It is sad that as a country, we are on the Floor of this House discussing such matters where our people are being killed. We are all Kenyans.

This is a matter that has been going on for years and the people of Kitui County have spoken. They have said that Ministry of Interior and National Administration should go down and ensure that they address the matters because they are happening and they are in the public domain.

It is so sad that we can have a community killing another community. The Kamba Community is among the humblest most courteous and hardworking communities in this country. It is a community that accommodates all across.

Even from political affiliations, we have cut across the board, both in government, in opposition, and we work very well. It is sad that today, as one of the most trusted communities, our people of Kitui County will be undergoing what they are undergoing. I heard a man ask a question to the Senator of Kitui County. When the Senator asked, “Why are you killing our people?” the gentleman said, “Just two people?”. Every life is important and it matters.

As I conclude so that I give my other colleagues to put in a word, we need the Cabinet Secretary for the Ministry of Interior and National Administration, none other than the Hon. Murkomen, to fasten and go down to this region and remove, and the key word is “to remove” what is causing this problem to the people and the great people of Kitui County.

I submit.

Sen. Muthama, please, proceed.

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Mr. Speaker, Sir, I thank you for this opportunity. I would like to comment on the three Statements, two from Sen. Wambua and the other from Sen. Omtatah.

Mr. Speaker, Sir, this issue of bandits in Kitui County has been on for so long. Since I joined the Senate last term, every other time, Sen. Wambua has a Statement on the issue of bandits, his people being killed or animals being stolen. It is high time for the Cabinet Secretary (CS) for Interior and National Administration and the Government of Kenya, to put a permanent solution to the issues of the bandits in Kitui County and that border. It is doable. We have the security and all what it takes for the people of Kitui County to live in peace. The Government has an obligation to protect every citizen of this country.

So, I would request the Senate Standing Committee on National Security, Defence and Foreign Relations to take action and go to Kitui County and do what is necessary for Kitui people to live in peace. They do not live peacefully because they fear that bandits might come the next minute.

Mr. Speaker, Sir, I would like to comment on the second statement on wildlife and human conflict. Wildlife conflicts and human conflict are too much and the government is taking too long to compensate the people after they have been killed.

Mr. Speaker, Sir, I keep on receiving phone calls from my people from Masinga, Machakos County. People are being terrorised by crocodiles, hippopotamus and other wildlife, with many of them having been killed. From 2014 to date, only 16 people have been compensated. We are talking about people who were killed from 2014, 2015, 2016 and have never been compensated.

So, we are asking for the Ministry concerned and the Kenya Wildlife Service (KWS) to take action, compensate and protect the people. I thank God for the Ministry of Tourism and Wildlife which has also put a fence at Ol Donyo Sabuk Game Reserve in Kilimambogo. However, they are leaving gaps where some animals are still going through to terrorize people.

I would like to ask the Ministry concerned to put that fence completely so that hyenas will not come down from the game reserve to terrorize my people.

Thank you, Mr. Speaker, Sir.

Sen. Methu, please proceed.

Mr. Speaker, Sir, thank you for giving me an opportunity to comment on the statements that have been sought.

Whatever is happening to our cousins from the lower eastern region in Kitui County is an extremely sad situation. I like what has been put in this statement by the Senator for Kitui County. I sympathise with you, Senator for Kitui County, because the way some people want to trivialize such a serious security situation, is an extremely sad thing.

Of the many things that Sen. Cherarkey has ever said on the Floor of this House, I now finally and formally agree with him when he says that the Cabinet Secretary for Ministry of Interior and National Administration has to be followed and is a testimony that incompetence cannot be substituted. He once said that incompetence was seen when he was in the Ministry of Roads and Transport, incompetency followed him when he was

April, 29, 2026 SENATE DEBATES 15

Sen. Ogola, please proceed.

Mr. Speaker, Sir, I thank you for giving me the opportunity. I feel for the people of Kitui and condole with our brother, Sen. Enock Wambua. We do not need to lose any life. It is unimaginable to say that eight people have been killed by bandits. Who are these bandits?

In this republic, we have an investigative arm that is able to detect issues before they happen. It is pathetic that the people of Kitui are mourning today over some loss.

April, 29, 2026 SENATE DEBATES 16

Thank you, Mr. Speaker, Sir. I want to support the Statement by Sen. Omtatah on Technical and Vocational Education and Training (TVET) Act and regulations. While I support accreditation and all that pertains having institutions which are qualified to conduct whatever training, I feel that there is a problem on the issue of the Kenya Institute of Management (KIM) . This is because it is has existed for almost 10 years. Where was TVET when the KIM was conducting training and awarding certificates to students? Where does the fate of the many staff members, graduates, learners lie at the moment?

Let the issue of KIM not be the eye-opener. We have so many other issues similar to this. For instance, the TVET authority came up and cancelled accreditation and the matter is lying down like it is a small matter.

So, I feel that the committee that is going to look into this matter needs to go down deeper so that we do not lose many students who acquired certificates, paid school fees and now their fate is just out there. So, Sen. Omtatah’s Statement is very serious which we need to look at it, especially when we are talking about education matters and acquisition of skills in this country.

Thank you, Mr. Speaker, Sir. I want to comment on the Statement by Sen. Allan Chesang on the monetization of content creators on X. I have read the Statement. I think this is the kind of statement that will just add pain to the content creators who are already paying taxes. We have the digital service tax, which is 1.5 per cent of the money that they get from content creation. There is also the Value Added Tax (VAT) for digital services of 16 per cent. So, the information that the Senator is seeking can easily lead to more taxation to content creators.

These content creators are young people who earn from online media because they cannot get jobs. So, I want to ask Sen. Chesang to be very careful with the kind of information he is asking us to get. This is because it is going to tighten Government control over use of digital media and therefore more pain to the jobless youth. In any case, this information is available. I think you can get it from X, YouTube or all the other

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Asante, Bw. Spika. Ninataka kuchangia kauli iliyoletwa na Seneta wa Kitui kuhusu uvamizi na kuuawa kwa wananchi wa Kitui.

Wakati tunaunda Serikali yoyote, jukumu lake kubwa ni kulinda mali na maisha ya wananchi. Ni jambo la kuvunja moyo sana kusikia ya kwamba katika sehemu ya Kwa Kamari, watu saba waliuwawa. Kabla yake, wiki kadhaa zilizopita kijana aliyekuwa malishoni aliuwawa. Ni jana tu, kijana anayeitwa Mutemi, alishambuliwa, kukatakatwa na kuuwawa.

Waziri wa Usalama alituambia ya kwamba yeye mwenyewe anajua mahali watu wamelala na vile wanavyoota lakini hawezi kuzuia wananchi hawa wa Kitui kushambuliwa na kuuwawa.Vijisababu ambavyo vinapeanwa ni kuwaambia watu wahame katika mbuga za wanyama.

Bw. Spika, tuna hofu na uchungu ikiwa wale ambao tunawakilisha watashambuliwa na kuuliwa. Hivi, mimi nakisia ya kwamba, huyu Waziri wa Usalama tuliye naye pengine ni kipofu, haoni yanayoendelea katika nchi ya Kenya au, pengine ni bubu, hasikiii yale ambayo yanatendeka katika Jamhuri ya Kenya.

Sen. Kinyua, bubu na kusikia zinahusiana vipi?

Bw. Spika, ukiongea na daktari, atakuambia kwamba, wengi wa mabubu vile vile ni viziwi. Kwa hivyo, nasema ni bubu kwa sababu hajaongea jambo lolote kuhusu yale yanayotendeka pale Kitui. Baada ya maafa hayo kutokea Kitui, juzi, nilimwona moja kwa moja pale Ravine kwa harambee akiimba “tutam”. Hilo sio jambo ambalo amechaguliwa kufanya, amechaguliwa kulinda maisha na mali ya wananchi wa Kenya.

Bw. Spika, Sen. Osotsi alichapwa kichapo cha mbwa kuingia msikitini na hakuna hata mmoja wa wale waliompiga ameshikwa.

Sen. Kajwang’, proceed.

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Mr. Speaker, Sir, allow me to comment on the very unfortunate statement by my Deputy Leader of Minority, Sen. Wambua.

Charity must begin at home. Yesterday, our very valiant policemen and women came back from Haiti where they went and contained gang violence. You cannot be fixing Haiti if we are not fixing problems back in Kenya. Seven lives are too many. In fact, there is an emerging theory in this country that if you want action from the national Government, kill a politician, beat up a politician or raid the property of a politician. The loss of seven lives is too much.

Not too far back in Todonyang’ in the county of my friend here, Senator from Turkana, 42 people were killed. Every time they are killed, it is referred to as tribal warfare and cultural practices; this is crime. The right to life that is enshrined in this Constitution must be guaranteed by the State, failure to which, Kenyans shall revert back to the right to self-defense.

Mr. Speaker, Sir, even though arrows are flying and spears are flying and machetes are being used, this country must know that a gun is not rocket science. Today, you can print a gun using a 3D printer, what stops the antagonist or the protagonists from printing or procuring guns? When that happens, we will move into anarchy and this state will fall.

I urge the national Government to take this matter seriously and avoid the knee- jerk reactions that give the impression that the political class is far more important than the people who have put us in these positions.

I send my condolences to the people who have been affected and urge for speedy reconciliations. I also urge the leadership to talk to the affected parties to ensure that we deescalate this conflict. However, the ultimate responsibility lies in the hands of the state.

Allow me to also comment on Sen. Omtatah’s Statement. In 2022, I sponsored the County Vocational Training and Education Bill. That Bill was supposed to do exactly what Sen. Omtatah is asking; provide a legal framework for regulation of technical and vocation training in this country. From 2022, that Bill has not made progress in the National Assembly.

Mr. Speaker, Sir, please, we also need to have some seriousness where we consider the Bill that we have send to the other House and take a position. This Order Paper is full of Bills from the National Assembly. We are doing well but the other House is not considering our Bills. Otherwise, the issues raised by Sen. Omtatah, issues affecting the Kenya Institute of Management (KIM) and various institutions would not arise if that Bill---

Sen. Cherarkey, proceed.

Mr. Speaker, Sir, from the onset, I send my deepest condolences to the people of Kitui. They are my in-laws and relatives.

Secondly, Article 26, right to life is very critical. It is very unfortunate that as we speak today---

What is your point of order, Sen. Methu?

Could you freeze my time, I was just taking off.

Mr. Speaker, Sir, thank you very much. I do not want to disrupt Sen. Cherarkey’s flow of thought, but there is a situation that you need to address

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Senator for Nandi County, proceed. We will deal with that administratively, Sen. Methu.

Thank you, Mr. Speaker, Sir. I hope my time was preserved. Secondly, Article 26 is very clear on the right to life. I assure Sen. Wambua that our prayers and thoughts are with him. It is very unfortunate that these killings are happening while our police were in Haiti. I am happy today that although I differ with Sen. Methu on many things, finally, I am being vindicated because this boils back to the incompetency, moribundness and ineffectiveness of the Cabinet Secretary for Interior and National Administration.

The more he stays in that Ministry, the more Kenyans will die and never, to be replaced. Over the weekend, I lost a young man called Sammy Kowendi; he was murdered in the Meru killings that were happening. In this town, when you remove your phone, it goes with the hand. We must address that. The buck stops with the Cabinet Secretary for Interior and National Administration. I remember when the Committee for National Security, Defence and Foreign Relations called him to appear before them, he failed to appear because we wanted to ask critical questions.

Finally, I call upon the Directorate of Criminal Investigations (DCI) ; I saw that they arrested a lady called Bare Sahara Ahmed who was inciting people digitally. Unfortunately, the DCI did not give us the mugshot of that young girl. We do now want to deal with the double standards of the DCI.

I do not know why my teacher, Sen. (Prof.) Ojienda, who is allegedly sponsoring goons in Kisumu is pointing at me.

What is your point of order, Sen. Karungo.

Mr. Speaker, Sir, I seek your guidance. Is the Senator for Nandi- --

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What is the Standing Order that you are invoking?

Standing order No. 101 and 105 on statement of fact. Is the Senator for Nandi County referring to the Senior Counsel, Sen. Ojienda, as a goon? He needs to substantiate because the other day, I remember the same Senator was fighting for the Senate when we were portrayed as such. Is he referring to Sen. Ojienda as a goon general?

Sen. Karungo, what I heard from Sen. Cherarkey is that he used the word “allegedly”. I do not think we need to---

Proceed and conclude your thoughts. Sen. Cherarkey, your time is up.

Mr. Speaker, Sir, I saw Sen. Karungo Thang’wa sitting next to somebody who was referred to us goons. So, he should have hit him with a ngumi in honour of this House.

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The Mover of this Motion, you may now proceed to reply.

Thank you, Mr. Speaker, Sir. I rise to reply to the Motion on the Report of the Standing Committee on Health on the petition to the Senate by the Kenya Union of Clinical Officers regarding alleged discrimination, interference and violation of the clinical officers' practice rights by the Ministry of Health, the Council of Governors and the Social Health Authority.

I thank the many Members who have contributed to this Motion. Healthcare is more of Human Resource. We have engaged so many stakeholders on this and we came up with almost four recommendations. I urge that these recommendations be taken seriously, so that at least these human resource issues are implemented.

There are 5,433 clinical officers in the country. If you go to each county, these clinical officers do almost everything doctors do. They are all multitasking in all other activities, but when it comes to human resource, deployment, internship, permanent and pensionable terms, transfers and absorption, they are not anywhere. These 5,433 are outside there; they are done with their education. They are supposed to be doing internships, but they have not been absorbed. On this, the Committee has made four recommendations.

The one which is more important and needs to be implemented effectively and quickly, is the recommendation on the standard human resource for health development, guidelines covering internship, permanent and pensionable, absorption and transfers. These recommendations address the structural gaps in the workforce plan, which should be reduced. If this is implemented, it will reduce the unfair practice across the country and counties.

With those remarks, I beg to reply. I thank you, Mr. Speaker, Sir.

Clerk, do we have the requisite quorum? Do we?

Good. Now, hon. Senators, I will proceed to put the question.

Sen. Kavindu Muthama, kindly take your seat.

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Now, at the rise of the House yesterday, Sen. Methu had the Floor and he had a balance of 10 minutes.

Sen. Methu, you may proceed with your contribution.

Thank you very much, Mr. Speaker, Sir. I am sure the students who are at the public gallery will be recognised at the appropriate time.

As the House was rising yesterday---

Hon. Sen. Methu, before you proceed, allow me to make this Communication because the students may want to leave to go back home.

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Mr. Speaker, Sir, thank you very much. I want to extend a warm welcome to the wonderful students from Ziwa. As the neighbor Senator, because I come from Nandi County, on behalf of Sen. Jackson Mandago, known as Jack Ma, I want to extend a warm welcome to the delegation.

Ziwa is a very good place. That is where we get a lot of maize. It is very critical place for food security. I wish them well as they go back to school. Learn what you can. We are proud of you. We love you and wish you the best. We are praying for you.

Thank you, Mr. Speaker, Sir, because they will be able to follow the proceedings with comments from Sen. Methu. However, do not take his advice not to shave. You should always be well-shaven like our Speaker, so that you can always look the part.

I welcome you and asanteni sana. Kongoi, Mr. Speaker, Sir.

Sen. Methu, you may proceed.

Mr. Speaker, Sir, I do not know what language Sen. Cherarkey spoke in as he wound up his welcoming, but I think I would be right, Sen. Cherarkey, to say Kongoi mising.

Mr. Speaker, Sir, I am also looking forward to a day when students who come from Nyandarua will be welcomed by Sen. Cherarkey as we try to build cohesion because they see Sen. Cherarkey quite often. They have seen his palatial home in Mosoriot. I have visited it. It is not very far from Eldoret.

Mr. Speaker, Sir, yesterday, as the House was rising, I was saying that as a people and as a House, our fingers shall never be pointed at this House as the people who ever made devolution not work. It is our work, regardless of the bad manners of the governors. Governors have tried to provoke us extensively. This baby of devolution shall never die in the hands of the Senate. Our work has been very consistent.

Number one, is trying to push for as much money as possible to go to our counties. We are always in the frontline. Number two, as the governors now try to speak to us very nicely, I saw the Senate Majority Leader saying that the stalemate has been now been resolved. This is because we have said that we are not passing DORB, they now say they will be accountable.

It cannot be, and I have said this countless times on the Floor of this House, that when we are in the forest, or when we are hunting for the money to go to counties, we work very closely with the governors, but once they get the money, they do not want to be accountable. There has to always be responsibility and accountability on the money that they receive.

One cannot be a governor--- We shall not be lectured. In fact, I do not know the members of the Committee on Finance and Budget that are here. The governors who are in the list of 29 should not appear to represent the CoG, when it is speaking about the money they want.

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Order, Sen. Cherarkey. How can you be pronouncing point of order to the Speaker who has removed the chair? Why are you disturbing the honourable Chair that you are on a point of order? What is your point of order?

Sen. Methu: I hope my time has been frozen. I am sure I have like nine minutes.

Can you tell Sen. Methu to sit? He is not somewhere in Ol Kalou.

I rise Under Standing Order 105 and 110, Responsibility for Statements. Did you hear the last comment when he was welcoming you warmly, saying you are related to Mr. Baite? It can send a wrong signal because the Baite is a media house and people might misinterpret that. What we speak here has weight with Kenyans. Can he either substantiate or withdraw?

The Baite we know is a television network that has its own director. Linking you might even be detrimental to your future political aspirations.

I hope my time has been frozen. I am sure I have like nine minutes.

Can you tell Sen. Methu to sit? He is not somewhere in Ol Kalou.

I rise Under Standing Order 105 and 110, Responsibility for Statements. Did you hear the last comment when he was welcoming you warmly, saying you are related to Mr. Baite? It can send a wrong signal because the Baite is a media house and people might misinterpret that. What we speak here has weight with Kenyans. Can he either substantiate or withdraw?

The Baite we know is a television network that has its own director. Linking you might even be detrimental to your future political aspirations.

Senator for Nyandarua, why are you standing up before he prosecutes his point of order? Just sit down, relax. Now, you can go back to your seat.

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Mr. Deputy Speaker, Sir, you are now exercising, you know--- Well, I comply. I do not even want to waste time responding to what Sen. Cherarkey has said. I always hope that people can follow and listen.

He has a point of order that you must prosecute.

I am speaking to it. One cannot speak and listen at the same time. I think he was speaking when I was speaking. I never mentioned Baite. You are my witness that I never mentioned Baite, even if you ask for the HANSARD of this House. I do not know when I will contribute. You are sure that I did not mention Baite?

I do not know where he is getting that from. Maybe there are goons that are in the head of Sen. Cherarkey. Why do you not allow me to contribute?

Sen. Methu is trying to prosecute your point of order, which I think he does not understand. I heard him when I was coming in. He did not mention Baite, but he mentioned the name of another gentleman.

At least, you heard that I never mentioned Baite.

What did you mention?

I said that the Senator for Meru is my friend, and a friend of Mr. Murega Baichu. Murega Baichu is not Baite.

Mr. Deputy Speaker, Sir, you are Mr. Baichu’s representative in this House. There is no way you can deny your people.

Sen. Cherarkey, if you are prosecuting on my behalf, where I come from, old men say that arrows aimed at the legs are less dangerous, but an arrow just shot on your heart is very dangerous and can kill you. We do not attend to arrows directed to a leg because you can still get amputated and live. The arrow by Sen. Methu was directed to the leg and not to the heart. So, proceed,

I do not know why Sen. Cherarkey wants to disrupt me. He is not a billionaire, neither is he anywhere close to being a billionaire.

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Order, Sen. Cherarkey. No point of order. I am asking you to be on order because you are interrupting the Senator.

It is a statement of fact that he is not a billionaire. We do not oversight the money that we take to the governors. However, we plead with them to ensure that the people of Nyandarua County relate and feel that indeed more money has been brought to their county by the Senate of the Republic of Kenya.

I thank you very much, Mr. Deputy Speaker, Sir.

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Thank you, Mr. Deputy Speaker, Sir. I rise to contribute on the Division of Revenue Bill.

This Bill is important because it shares the revenue between the national and the county governments. The Senate is here to defend devolution, ensure that devolution stands and that development goes to the grassroots. Before devolution, Kenyans had to beg the president for development but things changed with the new Constitution.

There are issues which have to be considered when one is dealing with the Division of Revenue Bill. One of those things is public debt. Public debt has been rising and it has to be balanced by the National Assembly. Public debt affects what happens in devolution.

There are duties or matters that have to be handled by the devolved governments such as health which is devolved. There has been a lot of push and pull-on matters health such that some health activities, which should be fully devolved, are still being handled by the national Government. A good example are the medical machines in the counties. Those machines serve the people in the counties, but they are managed by the national Government and it is the national Government that services them. When they break down, they never get fixed on time.

We need to have full devolution so that monies are allocated to functions. If it is health function, everything should be fully devolved so as to avoid an argument between the national Government and the county governments. We saw what happened between the Cabinet Secretary, Ministry of Health, Hon. Duale and the Governor of Nyamira County, Hon. Nyaribo. The Governor told him that the equipment that were taken to his county by the national Government were not working.

The debt and charge of those equipment keep going up daily because they are leased. They are like a new car without an engine and such a car will never serve its purposes. We have other devolved functions that are still being run by the national Government, like the Ministry of Agriculture and Livestock Development. We have national Government funded projects happening in the counties. Water sources, construction of dams and agriculture projects are being handled by the national Government. Those functions should be fully devolved to the counties but that is not happening.

The markets are fully under the county governments. County governments even have a County Executive Committee Member heading that aspect, but the national Government has grabbed the opportunity and are constructing markets in counties. They are running them and are demolishing existing markets. The President went and launched a market in Wote, Makueni County, but the construction stopped as soon as he left. Very little is happening in that place yet the traders have already been moved from the site where they were doing business. The construction of the markets should be undertaken by the governors.

We are asking for this money to be increased from Kshs415 billion to Kshs454 billion. The Commission on Revenue Allocation had proposed the money to be increased to Kshs448 billion. If money is to follow the functions, then the counties should have these monies allocated to them. The problem is that the national Government is still holding devolved functions and it has refused to let go of those functions.

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Very well. Sen. Abass, you are the next in line.

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Very well, Sen. Abass. Sen. Okiya Omtatah.

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Sen. Omtatah, would you like to be informed by Sen. Wambua?

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Proceed, Sen. Wambua.

Mr. Deputy Speaker, Sir, what Sen. Omtatah is saying is true. I would like to inform him that the process of drafting that Bill has reached an advanced stage. I think more than ever before, the need to separate the National Treasury from the Ministry of Finance has come and that time is now. That will ensure that sharing of revenue between the two levels of government does not favour one side at the expense of the other.

The drafting is at an advanced stage. I hope that the secretariat is hearing what I am saying. I hope in the next few weeks, we will be able to debate that Bill here.

Proceed, Sen. Omtatah.

Thank you my brother, Sen. Wambua, for those encouraging words. I am happy to hear that drafting of that Bill is at an advanced stage. I hope the drafters will take serious cognizance of Sections 11 and 12 of the Public Finance Management (PFM) Act which purports to create the Treasury as a Ministry in the national Government. I hope in that Bill, we shall seek to expunge or revoke those particular sections - that is 11 and 12 of the PFM Act - so that we restore control of public money back to the people of Kenya.

Over and above that, I hope that a mirror image of that particular separation of finances at the national level from the Executive will also take place at the county level, so that in every county government, money is not placed in the hands of the governor. Money should be held by an independent civil servant. For the governor or anybody to access that money, it must be in the budget and the CoB must have approved the expenditure.

Let us take control of our money and let us drain the swamp. I am happy that my brother, Sen. Wambua, has assured us that that work is ongoing. If we do not do that, the money that goes to the ground will be misappropriated because it is handled like money which belongs to an individual who can run around with it.

We have seen the President running around non-stop purporting to do projects. However, if you go and check in the budget, those projects are not there. It rubbishes the constitutional framework within which development in this country is supposed to be done.

You have heard this common phrase that people keep on expressing that we must be in the Government. That is not the design of democracy. The design of democracy is not that everybody should be on the Government’s side. Democracy walks on two legs; the Opposition and the Government, or the minority and the majority. We cannot all be on one side. That way, the country cannot stand.

We should distinguish between being in Government and accessing development. There should be no correlation between being in Government and accessing development. That is something we must phase clearly. This narrative that we must be in Government, whereby Government is understood as state capture and therefore we must

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Tuendelee na Sen. Karungo wa Thangw’a.

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Thank you very much, Mr. Deputy Speaker, Sir. Allow me to also weigh in on the debate of the Division of Revenue Bill.

For the benefit of our children who probably are watching us today as we debate this important Bill, it is good to explain why we are here today. The Division of Revenue Bill is a law that explains how the country shares its revenue or how the country shares its money between the national Government and the county governments. We do this every year.

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Sen. Madzayo, please proceed. The Senate Minority Leader (Sen. Madzayo) : Asante sana Bi. Spika wa Muda. Pia, nataka kujiunga na Maseneta wenzangu, ndugu zangu wote ambao wametoa maoni yao katika huu mjadala wa ugavi wa pesa zinazokwenda katika serikali zetu za mashinani.

Tunaweza kuona kwamba katika sheria zote ambazo zinaonyesha kazi ya Seneta ni nini, kazi ya Seneta ambayo ni muhimu imekadiriwa ndani ya Katiba ya Kenya na ni kipengele cha 96 katika sheria ya kwanza mpaka ya mwisho ambayo ni ya nne.

Katika sheria hizo, cha muhimu zaidi ambacho tunaweza kufananisha ni kwamba unaweza kuvaa koti, tai na shati vizuri na ukavaa soksi na viatu vizuri sana na ukakosa kuvaa suruali na ndani hukuvaa kitu, utakuwa unatembea tupu. Hiyo ndiyo kazi ambayo Maseneta wanafanya hapa ndani.

Hayo yote ni kwa sababu ya umuhimu wa hili Bunge la Seneti ambao ni kupigania kuona ya kwamba pesa zinapatikana kutoka Serikali kuu zikiletwa hapa ndani. Hapa ndani ndipo ugavi wa pesa zinazokwenda katika serikali zetu za mashinani, zote 47 katika Kenya. Ni ukweli kabisa ya kwamba kaunti zote 47 zinapata mgao wake kutoka hapa. Hakuna kaunti hata moja inayosema haipati pesa kutoka Bunge la Seneti.

Si uongo tukisema kwamba pesa zinatumika vibaya katika serikali zetu za ugatuzi. Jambo la kusikitisha ni kwamba Seneta anapotamka hivyo anaonekana anapinga ama hatetei gatuzi lake. Lakini hiyo sio sababu. Mimi nataka kusisitiza ya kwamba---

Order, Sen. Gataya. Please, you are getting out of order. Please do not speak loudly in the House while a Member is contributing.

The Senate Minority Leader (Sen. Madzayo) : Nataka kukubaliana ya kwamba katika muhula wetu wa 12, tuliweza kugoma kwa sababu kulikuwa na pesa kidogo sana. Hapa tuliweza kuvaa matai, kuweka vitambara vyeupe na kufanya fujo sana na ndio tukapitisha vile tulipitisha kwa sababu walikubaliana. Tuko na haki ya kusema pesa hizo za ugatuzi ni lazima zifike katika Serikali zetu ili zilete maendeleo.

Bi Spika wa Muda, Serikali zetu za ugatuzi ziongezwe pesa wakati huu ifikie Shilingi bilioni 454. Bunge la Kitaifa halielewi shida zinazokabili serikali za ugatuzi. Wao hawahusiki kabisa na mambo ya serikali za ugatuzi. Ukichunguza utagundua kuwa wabunge wana bidii na pesa ya National Governement Constituencies Development Fund (NG-CDF) ili wajenge mashule na vitu watakavyotumia kujitambulisha. Lakini sisi hapa tuna hamu ya kuona serikali za ugatuzi zimefaidika. Ndio sababu tukapendekeza Shilingi bilioni 454 zipelekwe katika serikali za ugatuzi kule mashinani. Kwa hivyo, tunawaarifu ndugu zetu kwamba hesabu waliyotufanyia ya kugawia kaunti Shilingi bilioni 424 hatuitaki. Sisi tunataka Shilingi bilioni 454. Hizo pesa walizopendekeza ni kidogo na tumezikataa.

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On a point of information, Madam Temporary Speaker.

Sen. Madzayo, would you like to be informed by Sen. Wambua?

The Senate Minority Leader (Sen. Madzayo) : Yes, he is at liberty to inform me. He is my Deputy, so he can inform me.

Asante sana Bi. Spika wa Muda. Pia, nataka kujiunga na Maseneta wenzangu, ndugu zangu wote ambao wametoa maoni yao katika huu mjadala wa ugavi wa pesa zinazokwenda katika serikali zetu za mashinani. Tunaweza kuona kwamba katika sheria zote ambazo zinaonyesha kazi ya Seneta ni nini, kazi ya Seneta ambayo ni muhimu imekadiriwa ndani ya Katiba ya Kenya na ni kipengele cha 96 katika sheria ya kwanza mpaka ya mwisho ambayo ni ya nne. Katika sheria hizo, cha muhimu zaidi ambacho tunaweza kufananisha ni kwamba unaweza kuvaa koti, tai na shati vizuri na ukavaa soksi na viatu vizuri sana na ukakosa kuvaa suruali na ndani hukuvaa kitu, utakuwa unatembea tupu. Hiyo ndiyo kazi ambayo Maseneta wanafanya hapa ndani. Hayo yote ni kwa sababu ya umuhimu wa hili Bunge la Seneti ambao ni kupigania kuona ya kwamba pesa zinapatikana kutoka Serikali kuu zikiletwa hapa ndani. Hapa ndani ndipo ugavi wa pesa zinazokwenda katika serikali zetu za mashinani, zote 47 katika Kenya. Ni ukweli kabisa ya kwamba kaunti zote 47 zinapata mgao wake kutoka hapa. Hakuna kaunti hata moja inayosema haipati pesa kutoka Bunge la Seneti. Si uongo tukisema kwamba pesa zinatumika vibaya katika serikali zetu za ugatuzi. Jambo la kusikitisha ni kwamba Seneta anapotamka hivyo anaonekana anapinga ama hatetei gatuzi lake. Lakini hiyo sio sababu. Mimi nataka kusisitiza ya kwamba--- (Sen. Gataya Mo Fire spoke off record)

Order, Sen. Gataya. Please, you are getting out of order. Please do not speak loudly in the House while a Member is contributing. The Senate Minority Leader (

Hon. Senator, you rose on a point of information and we have got it.

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Madam Temporary Speaker, it is only that that information is really heavy.

I thank you.

Proceed, Senator. The Senate Minority Leader (Sen. Madzayo) : Asante, Bi. Spika wa Muda, kwa kunipa nafasi hii tena. Vile vile ningependa kumshukuru Sen. Kiio kwa kunijulisha.

Sasa hivi damu inamwagika. Ikiwa damu inamwagika, tuna imani kwamba Serikali imepeleka msaada wa kutosha wa dawa katika hospitali na ulinzi katika maeneo ambayo watu wanapigana. Hayo yote yanaletwa kwa sababu ya baa la njaa. Ikiwa kuna njaa ilhali una mifugo, ni lazima uende kwa mwenzako ambaye ana mahindi ili mifugo yako isife lakini yeye akipata hasara, mtajua jinsi mtakavyoongea baadaye. Wengine hawawezi kukubali hivyo na ndio sababu kitendo hicho kinatendeka.

Hicho si kitendo kizuri. Kwa hivyo, Serikali lazima ichukue hatua ya kuona kwamba watu hawafi. Pia kunafaa kuwe na ulinzi wa kutosha. Hata hivyo, Kaunti ya Kitui inafaa kuhusika katika kutafuta amani. Ni jukumu la Serikali kuona kwamba wananchi hawapotezi maisha yao.

Bi. Spika wa Muda, nikiachana na hayo, yote tisa, la kumi ni kuhusu utumizi wa pesa zinazokwenda katika serikali zetu za ugatuzi. Pesa hizo zinafaa kutumiwa vizuri bila wizi. Sijui kama Kaiseru iko katika eneo hilo maanake kuna mkubwa anayeketi kule. Lazima Serikali ifike huko ili kuona kwamba maisha yake, nyumba na vitu anavyomiliki viko sawa.

Nikiangalia upande mwingine, ningependa kusema kuwa ugatuzi sio mahaba kwa sababu uko katika sheria hivi sasa. Tulipopitisha Katiba yetu mwaka 2010, tulisema kwamba kutakuwa na ugatuzi. Katika ugatuzi, maisha ya wananchi popote walipo na pesa zao lazima zilindwe. Hiyo ina maana kwamba hatupeleki pesa katika serikali zetu za ugatuzi ili zichukuliwe na watu na kuwekwa katika mifuko yao. Pesa hizo zikienda kule zinafaa kufanyia wananchi kazi.

Jambo lingine ni kuwa polisi wetu wanaokaa katika serikali zetu za ugatuzi, wapewe maisha ya kufaa. Utapata hali ya polisi ni ya kusikitisha. Hii ndiyo sababu leo kukiwa na fujo na unaona wanasiasa wako pale, unapiga mwanasiasa kwa hali mbaya sana. Unampiga kama umeona adui ambaye hakubeba silaha au chochote. Hii shida yote inaletwa na njaa.

Bi. Spika wa Muda, ya mwisho ambayo nataka kuongea ni kwamba serikali hizi zetu zinapoenda katika ugatuzi, ni lazima pesa hizi zijulikane wazi kwamba kazi ya Seneta ni kuleta pesa nyumbani. Kuona ya kwamba serikali yake ya ugatuzi imefaulu kutenda maendeleo kulingana na zile pesa anazopeleka nyumbani. Jambo la kusikitisha ni kwamba ukifika huko watu wengi watakuuliza mradi wa Seneta ni upi? Seneta amefanya nini katika maeneo haya anayowakilisha huko ndani ya Bunge la Seneti?

Baba akileta unga au nyama kwa nyumba, ni jukumu la bibi kupika chakula na kukitoa kikiwa sawa sawa, apatie watoto na baba, wale walale, halafu watengeneze watoto wengine, ikiwa itawazekana. Walakini, ikiwa umepatia bibi chakula, nyama, maji na kila kitu na anatoa chakula ambacho hakiwezi kulika, sima mbichi, utalaumu baba na alileta? Eh? Utamlaumu? Hauwezi kumlaumu. Kwa hivyo, sisi, saa zingine unapata kule unaambiwa mradi wa kugawanya dawa ama kama hospitali zetu hazina madawa,

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Yes, he is at liberty to inform me. He is my Deputy, so he can inform me.

Sen. Wambua, you may inform Sen. Madzayo.

Madam Temporay Speaker, I thank my leader for allowing me to inform him.

I wish to inform the Senator for Kilifi County and the House that the situation being described is not occurring in the entire Kitui County. It is happening in Mwingi Town.

You may recall that I had earlier raised a statement in this House regarding the conflict in that county. People have blocked the Mwingi-Garissa Road in Mwingi Town. I have received information that some shops belonging to Kenyans of Somali origin have been vandalised.

This information is so important to the Senator for Kilifi County, the House and to Kenyans at large. If you remember very well, in that statement, I highlighted the wrong impression being created that the Kamba and Somali communities are at war.

Madam Temporary Speaker, nothing could be further from the truth. The bitterness that the people of Kitui have is a legitimate one against camel herders and people who masquerade as livestock farmers keeping camels on their land by force and unleashing those animals on their crops, but when they, owners of the livestock or people herding those animals, turn violent and kill our people, that is where the bitterness is.

Madam Temporary Speaker, as I conclude, this may sound like a small issue now, but I say this as a Senator and a leader in this country, if the police do not handle this matter with the seriousness it deserves today, it may become too difficult for anyone to deal with it. All I am calling for is for restraint on the part of our people, but for action on the part of the police who know what they need to do; drive those camels and camel herders out of our land. We have no problem with the business people in Mwingi, Kitui or anywhere---

Hon. Senator, you rose on a point of information and we have got it.

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Madam Temporary Speaker, it is only that that information is really heavy.

I thank you.

Proceed, Senator. The Senate Minority Leader (

Sen. Chimera I do not know whether you finalised. You still have 10 minutes.

Sen. Chimera: Madam Temporary Speaker, I have finalised.

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Thank you very much, Madam Temporary Speaker. I want to join my colleagues in contributing to this very important Bill.

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Sen. Chimera, you have the Floor.

Asante sana, Bi. Spika wa Muda. Nilikuwa ninafikiria kuwa nitapata nafasi hii niweze kuzungumza na Kiongozi wa Walio Wachache, Mheshimiwa Sen. Madzayo kwa sababu, Waswahili husema “Unakumbuka mkeka wakati kumekucha.” Yale mambo ambayo yamezungumzwa na Kiongozi wetu kwa Bunge hili ni ishara tu ya kwamba joto la siasa limeanza kutokota katika eneo la pwani na zile kaunti zetu. Kwa mara ya kwanza, Maseneta wanawakumbusha wale ambao waliwatuma hapa Seneti kazi yao muhimu ni gani.

Ninakubaliana na Maseneta ambao wamezungumza kuhusu Mswada huu ya kwamba jukumu muhimu zaidi la Seneta yeyote ndani ya Seneti ni kuhakikisha ya kwamba kwanza, ameisoma sheria hii ya Ugavi wa Fedha ambayo inakwenda kwa serikali zetu za kaunti; pili, amefahamu sheria ile na tatu, amechangia katika mazungumzo ama changizo za kuifanya sheria ile iwe bora zaidi ndiposa kaunti zetu zipate nyongeza ya mgao wa fedha na vile vile fedha zifike kwa kaunti zetu kwa haraka iwezekananvyo.

Bi, Spika wa Muda, mimi nimeteuliwa tu kama wewe na chama tawala cha Kitaifa cha United Democratic Alliance (UDA) ili niwakilishe vijana nchi nzima lakini hususan, pia ninawakilisha watu wa Kwale ndani ya Seneti. Nikitembetembea kule nyanjani Kwale ambapo nilikuwa ninataka nipate nafasi nizungumze na Sen. Madzayo nimwambie kuwa kando na jukumu hili la Kipengele cha 96 (3) katika Katiba yetu ya Kenya, 2010, vile vile kiongozi yeyote awe ni Seneta, Mbunge au Mjumbe wa Kaunti (MCA) , au awe ni kiongozi wa nyumba kumi, yeye pia ana jukumu la kutangamana na wananchi wake kule nyanjani kuenda kusikiliza hoja zao na kuzileta hapa Bungeni.

Vile vile, kiongozi yule pia ana nafasi hata kama hana mfuko kuchangia katika maendeleo ya kijamii. Kwa hivyo, sio sawa kusema kwamba wewe kazi yako muhimu tu ni kupeleka fedha nyanjani. Lakini ninaelewa kwa sababu ndio Katiba na ninaweza kumruhusu kiongozi wangu aseme vile.

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Sen. Chimera I do not know whether you finalised. You still have 10 minutes.

Madam Temporary Speaker, I have finalised.

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Thursday, 30th April, 2026 at 2.30 p.m.

The Senate rose at 6.30 p.m.