Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 30th March, 2022-

Report of the Standing Committee on Health on the Kenya Medical Supplies (Amendment) Bill, (Senate Bills No.53 of 2021) . I thank you.

Let us go to the next Order.

I want to invite Sen. Kibiru because he has a Statement to make.

Thank you, Mr. Speaker, Sir, for this opportunity to make a Statement. I would like to clarify an outstanding issue so as to allow the Senate to continue with its business.

Mr. Speaker, Sir, for two sessions, we have been debating about the County Governments Grants Bill. I would like to report to the House that we have had discussions since morning and we agreed to lobby. I was with the leadership of the House. We met the leadership of the other House and the Chairman concerned regarding the matters we are deliberating.

It is on record that it was unanimously agreed and communicated that the mediation team will meet tomorrow at 10.00 a.m. We agreed that it will be an annual Bill. The two Clerks have already started making the necessary arrangements for a meeting tomorrow.

I want to clarify to the House that we have it on record that we will have a report on the County Governments Grants Bill tomorrow afternoon conforming to what we proposed in the Bill.

Sen. Murkomen, proceed.

Mr. Speaker, Sir, I would like to get some clarification on what exactly was ---

Sen. Murkomen, proceed.

Mr. Speaker, Sir, I need to get clear clarification. What is the import of what Sen. Kibiru has reported to the House? First, the report he is giving us is under which Standing Order? Is it a Statement of a Chair, Personal Statement or Statement of comfort? I do not understand exactly what he is trying to communicate and how we can hold him to account as far as that Statement is concerned.

Secondly, I have been a Member of mediation committees and I also served in the leadership of this House. How shall we hold Sen. Kibiru, the Chairman of the Standing Committee on Finance and Budget, to account for the Statement he has made here, if there is no signed mediated version of the Bill because he might have been given a verbal promise by somebody somewhere? We have been given so many verbal promises.

Mr. Speaker Sir, senior leadership of this House has been to State House where we were told that this week you will get your money. I have also been in the presence of the President where we have been told “this week, the oversight fund will be in your accounts”.

That was like three years ago, and “this week” has never arrived. That promise was given by the highest office in the land. How shall we believe this one for Sen. Kibiru and how shall we hold him accountable?

Sen. Cheruiyot, you may have the floor.

Mr. Speaker, Sir, I wanted to protest while Sen. Murkomen was still on the Floor because he appears to be demeaning Sen. Kibiru, the indefatigable Chairman of the Senate Committee on Finance and Budget. When he says that they have received assurances from the highest office in the land, is he insinuating that Sen. Kibiru’s office is the lowest in the land and therefore, we should not in any way believe whatever he is saying? I am a Member of the Committee on Finance and Budget and I think that is unfair to my Chairman.

I may not necessarily support the Chairman in the statement he has made, because, even as a Committee, that is not our position. You remember that a deal was made here yesterday and that deal was made by somebody who holds a very high office in this Parliament. It was none other than a son of Kericho, who happens to be the Senator of Siaya.

He came, gave me the assurance and told me: “My brother, my Senator, please let us pass the Second Reading, but I assure you, in the interest of this House that I love so much, even though I may not be planning to make a comeback here, I want to leave a strong House that is dignified and respected”.

He assured me together with Sen. Dullo, the Deputy Majority Leader, that we shall not make any progress until Sen. Kibiru makes progress with the County Grants Bill. I believe that is the position.

As good gentlemen and ladies, please lead us in that direction. Anything else, you will be throwing this institution under the bus and you know the history too well

I plead with you.

Thank you, Mr. Speaker, Sir. I may not stand a chance when it comes to the verbal discussion with Sen. Murkomen because he has been practicing it for quite some time but I am a man of few words, I have made many promises in this House and I have never let this House down. After all, I am the one who even raised this issue and I promise the House that I will see to it that even if I am exiting the House, I will not be eroding the job description of the House.

Mr. Speaker Sir, for the comfort of Sen. Murkomen, I stood under standing Order No. 51 (a) and it says:

“A committee chairman may make a statement relating to a matter for which the committee is responsible”

Thank you.

What is your point of order Sen. Murkomen?

Mr. Speaker, Sir, I asked a very specific question. I know you are consulting my colleague Sen. Kavindu Muthama but there are two things.

One, Sen. Kibiru cannot claim to have made statements in the past that have come to be true. Sen. Kibiru came here with Building Bridges Initiative (BBI) , and told us he wants to give counties at least 35 per cent. Sen. Kibiru has come back with another Bill saying that we give counties the same amount we gave last year, which if calculated using the BBI standards, will be like 17 per cent of the revenue.

First, he has no credibility because the subject he is prosecuting on finance has not met the test of the promises he has made. However, that is beside the point. I asked

him a specific question: Is he laying a foundation for something else using this Statement he is giving? The statement on its own might be okay; it is a promise. He did not even need to make it because tomorrow we will come here in the afternoon to receive the report of the Mediation Committee. Why does he feel like he needs to make this communication?

I hope it is not tied to us being told: “On the promise of some people who are not in this House and a promise that we cannot rely on, let us do another business”. That is all. I just want that assurance from Sen. Kibiru. He can make his promise; 24 hours is a very short time. We will see tomorrow if his promise will come true. He should just not use it as a promissory note to withdraw anything from this House.

The Senate Minority Leader (Sen. Orengo): Mr. Speaker, Sir, I stand here first of all to congratulate Sen. Kibiru - not for what has happened today - that the issue that is of concern to the Senate, he was the first to raise it. Remember when we were discussing the Division of Revenue Bill, during the Second Reading, Sen. Kibiru, on account of making his contribution to that Bill, made a statement here which many of us were not conscious of.

He did say at that time in very clear terms that to proceed with the Division Revenue Bill, without resolution of the County Grants Bill would be a big mistake.

I am so happy because the other day when I was coming for the Second Reading, merely to come and cast my vote, I had the opportunity to read the HANSARD of what Sen. Kibiru raised on account of the necessity as a fundamental condition precedent to passing the Division of Revenue Bill that we must have a resolution of the County Grants Bill, which is a Bill that originated from this Chamber.

Yesterday the most radical statement that was made about the powers of the Senate being eroded on account of not passing the County Grants Bill in the format in which it was passed by the Senate. The person who said that we will be eroding the powers of the Senate if that happened was Sen. Kibiru.

I am very happy that his position has not shifted. I want to report that this morning, I was called into a meeting in which his counterpart in the National Assembly participated in. On that account, they agreed that tomorrow the Mediation Committee will sit to agree on the framework as proposed by the Senate. Not the five-year framework, but the one year, the annual legislation in terms of a Bill coming to this House.

Tomorrow, I am aware that there is a meeting which has been convened of his Committee to deliberate upon a report that is going to accept the Senate’s version of the Bill. That was a good report for him to give because yesterday, people were not quite excited about the proceedings and we had to go into a Kamukunji. Sen. Kibiru went to approach his people in the other House on the basis of what we agreed yesterday.

That Order now requires us to go into the Third Reading. That Bill is being piloted by the Senate Majority Leader and not Sen. Kibiru. So, this is the appropriate time for him to make the statement so that when we reach that Order, we will know that we have made some progress. Now it will be upon the House to determine whether we proceed further into the Third Reading or we wait until that Report is tabled tomorrow.

On my part, I am satisfied from what I saw today that the National Assembly is now committed to passing the Senate version of the Bill.

I do not know whether those assurances are enough for Sen. Murkomen. There was a time when he believed that Raila Amolo Odinga should be the President then he changed his mind.

I accept that he can change his mind any time including the fact that somebody in Elgeyo Marakwet County told me that their Senator has changed his mind about running for Governor because the possibility of Raila Amolo Odinga winning the election is so high that he has to retrace his steps.

I want to make sure that he is not going to come back to a weak Senate. He is going to come back to a very strong Senate, which Sen. Kibiru has ensured that that is what is going to happen.

For once, we are all Hon. Members when Sen. Kibiru who had made those statements yesterday, stands up here and say we now have a settlement, I think we should take him seriously.

What is your point of order, Sen. Murkomen?

On my part, I am satisfied from what I saw today that the National Assembly is now committed to passing the Senate version of the Bill.

I do not know whether those assurances are enough for Sen. Murkomen. There was a time when he believed that Raila Amolo Odinga should be the President then he changed his mind.

I accept that he can change his mind any time including the fact that somebody in Elgeyo Marakwet County told me that their Senator has changed his mind about running for Governor because the possibility of Raila Amolo Odinga winning the election is so high that he has to retrace his steps.

I want to make sure that he is not going to come back to a weak Senate. He is going to come back to a very strong Senate, which Sen. Kibiru has ensured that that is what is going to happen.

For once, we are all Hon. Members when Sen. Kibiru who had made those statements yesterday, stands up here and say we now have a settlement, I think we should take him seriously.

We will realise that even by tomorrow, the decision of the Supreme Court on Building Bridges Initiative (BBI) will have come out. We will realise that all these people who used to preach about BBI and tell us 35 per cent never believed in it because they brought us another Kshs370 billion. Be it as it may, let us at least take something, let us take this Grants Bill tomorrow.

The difference between today and tomorrow is 24 hours which is too short for us to be told to let the Chairman of the committee give us a report about mediation, a promissory note which comes from one Chairman who is a Member of Parliament of a Constituency then a whole Senate believes in his reported speech, it was not even written, passes a serious Bill then comes here tomorrow and regrets saying the Chairman says he received a phone call from somewhere and we are unable to pass that Bill. Let us be serious.

Sen. Wetangula, please proceed.

We will realise that even by tomorrow, the decision of the Supreme Court on Building Bridges Initiative (BBI) will have come out. We will realise that all these people who used to preach about BBI and tell us 35 per cent never believed in it because they brought us another Kshs370 billion. Be it as it may, let us at least take something, let us take this Grants Bill tomorrow.

The difference between today and tomorrow is 24 hours which is too short for us to be told to let the Chairman of the committee give us a report about mediation, a promissory note which comes from one Chairman who is a Member of Parliament of a Constituency then a whole Senate believes in his reported speech, it was not even written, passes a serious Bill then comes here tomorrow and regrets saying the Chairman says he received a phone call from somewhere and we are unable to pass that Bill. Let us be serious.

Sen. Wetangula, please proceed.

Mr. Speaker, I sat there listening and appreciating Sen. Orengos’ exuberant optimism about his party leader becoming the President. It is a far shot. Sen. Kibiru, my hardworking and bright Chairperson, we have come a long way between this House and the ‘Lower House’ and never trust any promise from them. I can assure you, you will be cornered into passing a Bill of such momentous importance and tomorrow you will be told ‘we have changed our minds.’

We have had so much altercation, mistrust and distrust with that House that some of us have graduated into Thomas from the Bible: That seeing is believing. I want to encourage you not to be too optimistic and too believing because it will not happen. If they will bring and send to you what you have promised tomorrow, we wait and see it. I am ready to be a Thomas on this particular matter. We should have a commitment in writing.

If what you are saying is true, what is so difficult for the Speaker of the National Assembly to write to our Speaker and say we have this matter and the progress in this end is this much, we will reach here, please proceed if you can, or even from Clerk to Clerk. My Chairman is still licking wounds from a recent debacle. When he was frightened from joining a party of his choice and he is now stuck with people he does not like.

Sen. Kibiru, what is your point of order?

Sen. Kibiru was under a lot of pressure from the side of this House that he belongs in to vote in a particular way that they were required to vote on that issue. However, he took a determined position to the end. If you look at the record, Sen. Wetangula and Sen. Kibiru did not vote at that time when it really mattered.

Fortunately, Sen. Wetangula and the Governor are now on the same side. When our issues came up, he voted the other side. That is not the important issue. What I am just trying to say is that I think give credit where it is due.

On this issue, I think Senator Kibiru has done a lot of work since last night. Not to do it for any purpose but to achieve what the House demanded yesterday. I am glad Senator Sakaja has arrived. Senator Sakaja you are much aware of what we agreed yesterday.

Sen. Wetangula, continue.

Before Senator Orengo jumped in, I had I had actually cast no aspersions on my good friend. The only thing I had said in jest is that he tried to join a Party he liked but he was frightened off and he moved elsewhere. He has given an unconvincing explanation on the issue.

All we are saying, Senator Orengo, is that we have history with the National Assembly. This Mediation Committee in which I am is a Committee of five- five

On a point of order, Mr. Speaker, Sir. The Senator for Bungoma County, I think your memory fails you tragically. Remember when the Waiguru matter came here, when everybody, including myself took the position that there was no sufficient evidence to impeach her.

Sen. Kibiru was under a lot of pressure from the side of this House that he belongs in to vote in a particular way that they were required to vote on that issue. However, he took a determined position to the end. If you look at the record, Sen. Wetangula and Sen. Kibiru did not vote at that time when it really mattered.

Fortunately, Sen. Wetangula and the Governor are now on the same side. When our issues came up, he voted the other side. That is not the important issue. What I am just trying to say is that I think give credit where it is due.

On this issue, I think Senator Kibiru has done a lot of work since last night. Not to do it for any purpose but to achieve what the House demanded yesterday. I am glad Senator Sakaja has arrived. Senator Sakaja you are much aware of what we agreed yesterday.

Sen. Wetangula, continue.

Before Senator Orengo jumped in, I had I had actually cast no aspersions on my good friend. The only thing I had said in jest is that he tried to join a Party he liked but he was frightened off and he moved elsewhere. He has given an unconvincing explanation on the issue.

All we are saying, Senator Orengo, is that we have history with the National Assembly. This Mediation Committee in which I am is a Committee of five- five

Sen. Wetangula, conclude.

I have never had any doubt that my distinguished Nephew will always be on the right side of history regardless of the weight of the moment. I want to end by urging him that we have something tangible before we make our next move.

Senators Orengo, Murkomen, others and I have battled for the last nine years to uphold the dignity of this House against an assault from the other House. That assault has not only been physical. It has also been in the form of fake and false promises that we receive and nothing happens.

None other than myself, Senator (Prof.) Lonyangapuo, Sen. Kiraitu Murungi, Sen. Muriuki Karue sat to prepare a document for the Oversight Fund. We finished and brought it to the House. The House looked at it and agreed. It is now gathering dust somewhere. It was frustrated by the same House that we are now supposed to believe on a verbal promise.

Senator Wambua, proceed.

Mr. Speaker Sir, thank Sen. Kibiru although he is walking out. It is important that you listen to this. Sen. Kibiru has reported a progress on the matter of the Grants Bill. If I sat in this House yesterday and I followed debate, what Members asked the Chairman of Finance and Budget Committee to do is not to come back and report progress or the restarting of a process.

I think that the Members were clear that what they expected the Chairman to do is that at the fulness of time he was going to table a report on an acceptable version of the Mediated Bill (National Assembly Bills No.8 of 2022) in this House so that the progress on the Division of the Revenue Bill could continue.

It is well that the Chairperson has met the other Chairperson and they have discussed. It is an indication of progress but that is not what we were waiting for. At the point that that discussion then yields some fruits, then we can restart the negotiations on Division of Revenue Bill (National Assembly Bills No.8 of 2022) .

Sen. Wetangula, conclude.

I have never had any doubt that my distinguished Nephew will always be on the right side of history regardless of the weight of the moment. I want to end by urging him that we have something tangible before we make our next move.

Senators Orengo, Murkomen, others and I have battled for the last nine years to uphold the dignity of this House against an assault from the other House. That assault has not only been physical. It has also been in the form of fake and false promises that we receive and nothing happens.

None other than myself, Senator (Prof.) Lonyangapuo, Sen. Kiraitu Murungi, Sen. Muriuki Karue sat to prepare a document for the Oversight Fund. We finished and brought it to the House. The House looked at it and agreed. It is now gathering dust somewhere. It was frustrated by the same House that we are now supposed to believe on a verbal promise.

Senator Wambua, proceed.

Mr. Speaker Sir, thank Sen. Kibiru although he is walking out. It is important that you listen to this. Sen. Kibiru has reported a progress on the matter of the Grants Bill. If I sat in this House yesterday and I followed debate, what Members asked the Chairman of Finance and Budget Committee to do is not to come back and report progress or the restarting of a process.

I think that the Members were clear that what they expected the Chairman to do is that at the fulness of time he was going to table a report on an acceptable version of the Mediated Bill (National Assembly Bills No.8 of 2022) in this House so that the progress on the Division of the Revenue Bill could continue.

It is well that the Chairperson has met the other Chairperson and they have discussed. It is an indication of progress but that is not what we were waiting for. At the point that that discussion then yields some fruits, then we can restart the negotiations on Division of Revenue Bill (National Assembly Bills No.8 of 2022) .

I encourage my friend Sen. Kibiru to move now beyond talks with other Chairman and make sure that the Committee sits, concludes this Bill, they bring a Report and we move to the substantive Division of Revenue Bill (National Assembly Bills No.8 of 2022).

Sen. Cheruiyot, proceed.

Mr. Speaker, I encourage my Chairman not to be a near do- good. Otherwise, he will set a very bad example that he nearly does the right thing every now and then especially in this season. You know, yesterday he gave a very good promise before this House and we respected him for that. That we have take this position because we firmly believe that this is an assault on our pivotal place as Senate. That if we are taken out of this budget making process, or we allow people outside this Chamber to determine for us that we can consider certain matters, then those of us that are pleading with electorate to allow us to come back to this, we will be coming back to a skeleton. Therefore, I plead with my colleagues especially those whose hearts are still here beyond August in spirit. My good neighbor and friend Sen. Rose Nyamunga, I plead with you. Do not allow those who have left this House in spirit already, and are only here in body to mislead us. It will be very unfair because we had a deal and a deal is a deal. The deal was to pass Second Reading and then consider the Counties Grants Bill, bring a Committee Mediation Report; we will pass The Division of Revenue Bill (National Assembly Bills No.8 of 2022) . The explanation by the Senate Minority Leader, Sen. Orengo makes perfect sense. The only question I have for him is why can they not wait, the same way they are asking us? They can also wait. Once the mediation report is brought before this House, I can assure you, nobody will raise a single question to that Bill. We will pass it in a record time. I plead with you that for the sake of your colleagues, whom you are leaving behind in this House as you go to do good service to the people of Siaya, allow us to hold. Tomorrow, the Mediation Committee on the County Governments Grants Bill, will happen. When we will are given the green light that they have agreed, we will come and receive the report here. By 3.45 p.m. at the very latest, we would have passed the Division of Revenue Bill. The Senate Minority Leader (

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

What is your point of order, Sen. Orengo? The Senate Minority Leader (

Mr. Speaker, Sir, I am grateful to Sen. Kibiru for raising this matter. The Committee on Finance and Budget has stood on its ground to make sure that before we deal with the Division of Revenue Bill, we address the County Government Grants Bill.

It is a very important issue. I prevail upon the leadership of the Senate Majority and Minority leaders. I am glad Sen. Orengo has spoken to balance the pressure which I am sure could be for the interest of the House.

We are talking of Kshs39 billion. I know for me, it is Kshs800 million, for Nairobi. As I said yesterday in the kamukunji, if we do not sort out this now, before the Third Stage and Division, we might as well just forget about it.

I am happy that the Mediation Committee on County Government Grants Bill is meeting tomorrow at 10.00 a.m.

Mr. Speaker, Sir, in fact, with your colleague on the other House, you have the authority to make them meet now and bring us the report. I am sure that we will have 47 Members voting, “Yes” with or without amendments.

Let us set a precedence the same way the Speaker of the National Assembly said that they will not deal with the budget estimates before the Division of Revenue Bill has gone there. Then the precedence the Senate would have set, is that before the Division of Revenue Bill is done, we sort out the County Governments Grants Bill.

The Director, Parliamentary Budget Office, told us very clearly yesterday that until that is done, the Division of Revenue Bill is hanging because we do not know how to apply that Kshs37 billion.

Mr. Speaker, Sir, we are grateful for the tremendous progress. Yesterday, we consulted with the Leadership. I am sure Sen. Kibiru has gone to consult further.

Once they meet by 10.00 a.m., we will be very ready to pass it. We should not vote today, before we see the mediation report. It is just 24 hours. It is just one sitting. It will not upset the calendar in a big way.

Mr. Speaker, Sir, I assure Members that if we pass the Division of Revenue Bill today, you will never see the County Governments Grants Bill. We want this money after August. You will need it in Siaya. I need some of it in Nairobi.

Remember, out of the Kshs39 billion, it is only Kshs7 billion that is from the national Government. The rest of this money is from donors. A lot of it is for the health sector which is suffering. Possibly, this money has been diverted or gone to other projects but what behooves us as a Senate is to protect it.

You can never give out your leverage before going to the table. There is no way we can vote, then go to mediation tomorrow. They will walk out. We have been in this mediation processes many times. Without leverage at mediation, we will look at each other in the eye, then they will say, we can go to hell and there is nothing we can do. The only leverage that we have is the Third Reading. So, let us wait for it. I am grateful and agree with Sen. Orengo.

Finally, the Senate Majority Leader.

Mr. Speaker, Sir, I thank you for the opportunity, to join colleagues in this Statement.

Mr. Speaker, Sir, we will probably say more as we get to the item on the Order Paper. There is a way in which Members are both grateful, praising Sen. Kibiru and at the same time, not believing or casting aspersions in what he has to say. It is a bit confusing.

Mr. Speaker, Sir, the kind of work that Sen. Kibiru and some of us have done since morning, is like moving mountains. Where we have reached so far, as it has been said, is a matter of the Mediation Committee to come together. Everything has been agreed as he reported.

Mr. Speaker, Sir, we must have a little faith in some of these things that we have decided to do. We must believe that it is going to happen. That is one thing that I want to say.

Mr. Speaker, Sir, Sen. Sakaja has said that if we do not pass it, then we should forget about the grants. How do we forget about grants? We should not lose monies and so do not worry. The Bill will be here tomorrow and we will finish with it---

On a point of order, Mr. Speaker, Sir. The Senate Majority Leader is putting words in my mouth. I did not say that we forget about grants because we need them. I said that once we lose our leverage, that Bill will not--- How long has it taken for the mediation to be done? It has not been done and it will not be done.

That is my opinion. He may not agree with it but I have not said forget about it. I have even said the exact amount of money I expect in Nairobi. I do not know how much West Pokot County was to get.

Mr. Speaker, Sir, actually, Kshs800 million is extremely important. So, we cannot forget about it. Since we cannot forget about it, we are waiting for it to come tomorrow, so that we vote on it first before the Committee of the Whole.

communication of the same stature as that of Sen. Kibiru or even higher, considering the position of Sen. Orengo as a Leader in this House?

Proceed, Sen. Sakaja.

Mr. Speaker, Sir, I am grateful to Sen. Kibiru for raising this matter. The Committee on Finance and Budget has stood on its ground to make sure that before we deal with the Division of Revenue Bill, we address the County Government Grants Bill.

It is a very important issue. I prevail upon the leadership of the Senate Majority and Minority leaders. I am glad Sen. Orengo has spoken to balance the pressure which I am sure could be for the interest of the House.

We are talking of Kshs39 billion. I know for me, it is Kshs800 million, for Nairobi. As I said yesterday in the kamukunji, if we do not sort out this now, before the Third Stage and Division, we might as well just forget about it.

I am happy that the Mediation Committee on County Government Grants Bill is meeting tomorrow at 10.00 a.m.

Mr. Speaker, Sir, in fact, with your colleague on the other House, you have the authority to make them meet now and bring us the report. I am sure that we will have 47 Members voting, “Yes” with or without amendments.

Let us set a precedence the same way the Speaker of the National Assembly said that they will not deal with the budget estimates before the Division of Revenue Bill has gone there. Then the precedence the Senate would have set, is that before the Division of Revenue Bill is done, we sort out the County Governments Grants Bill.

The Director, Parliamentary Budget Office, told us very clearly yesterday that until that is done, the Division of Revenue Bill is hanging because we do not know how to apply that Kshs37 billion.

Mr. Speaker, Sir, we are grateful for the tremendous progress. Yesterday, we consulted with the Leadership. I am sure Sen. Kibiru has gone to consult further.

Once they meet by 10.00 a.m., we will be very ready to pass it. We should not vote today, before we see the mediation report. It is just 24 hours. It is just one sitting. It will not upset the calendar in a big way.

Mr. Speaker, Sir, I assure Members that if we pass the Division of Revenue Bill today, you will never see the County Governments Grants Bill. We want this money after August. You will need it in Siaya. I need some of it in Nairobi.

Remember, out of the Kshs39 billion, it is only Kshs7 billion that is from the national Government. The rest of this money is from donors. A lot of it is for the health sector which is suffering. Possibly, this money has been diverted or gone to other projects but what behooves us as a Senate is to protect it.

You can never give out your leverage before going to the table. There is no way we can vote, then go to mediation tomorrow. They will walk out. We have been in this mediation processes many times. Without leverage at mediation, we will look at each other in the eye, then they will say, we can go to hell and there is nothing we can do. The only leverage that we have is the Third Reading. So, let us wait for it. I am grateful and agree with Sen. Orengo.

Finally, the Senate Majority Leader.

Thank you, Mr. Speaker, Sir, for the opportunity. I rise pursuant to Standing Order No.47 (1) to make Statement regarding the World Water Day.

World Water Day is held on 22nd March every year and raises awareness of two billion people living without access to safe water. The theme for World Water Day was, “Ground Water and Making the Invisible Visible”.

This day is commemorated to educate people about the importance of water to the whole world and to raise awareness about the water crisis. The day also highlights the necessary improvement for access to water, hygiene facilities and sanitations in all countries.

This day was first formally proposed in Agenda 21 of 1992 United Nations Conference on Environment and Development in Rio de Janeiro. In December 1992, the United Nations General Assembly adopted resolution A/RES/47/193 by which on the 22nd March of every year was declared World Water Day.

Water has a salient role to play as an economic as well as social resource. Economically, water resources are critical for irrigated agriculture and in many industries such as mining and hydroelectric energy. It is used in the production of almost all goods.

Socially, some of its main uses includes bathing, drinking or hydration where it energies the body and flushes out toxins and improves skin complexion and other household needs as well, recreation or sports purposes. This indicates that no household can survive without water. Its essential role makes it a mandatory commodity.

Natural sources of fresh water include surface water, under-river flow, ground water and frozen water; whereas artificial sources of fresh water include treated waste or reclaimed water and desalinated sea water.

Research reveals that of the earth’s water, only 3 per cent is fresh water. Most of it is in icecaps and glaciers at 69 per cent and ground water is only 30 per cent, while all lakes, rivers and swamps combined only account for a small fraction that is 0.3 per cent of the world’s fresh water reserves.

Water resources are under threat due to scarcity, pollution, water conflict and climate change. Fresh water is a renewable source yet the world supply of ground water is steadily decreasing.

As we commemorate the World Water Day, I urge both levels of Government to have sustainable mechanisms in place of ensuring that water supply is efficient and sufficient in all counties.

I wish all Kenyans a belated happy World Water Day.

Sen. Nyamunga you want to say something?

Mr. Speaker, Sir, I want to support the Statement by Sen. (Dr.) Musuruve. She is known for good things. Among them is coming up with topical issues that affect almost everybody in this country.

Mr. Speaker, Sir, that is a point of opinion or whatever it is called.

I want to emphasise the fact that there is goodwill. In fact, we had other leaders with us to make sure this is discussed. We must have some faith in the leadership and the process.

As we have said, this is going to be delivered. When we get to the Third Reading, then we can talk more about this. There is good faith, and there is no way any of us in the leadership would slacken or leave anything to chance when it comes to this particular issue.

It is important and we are not going to leave it to chance. That is why we are giving a review about it so often and giving Statements that are credible. Let us believe each other.

I think we have heard. We are all Senators and it is important that we protect the House. Where I come from, there is a saying that when you want to kill a fly, you wait for it on the wound. You can interpret what that means.

Let us go to the next Statement by Sen. (Dr.) Musuruve.

Thank you, Mr. Speaker, Sir, for the opportunity. I rise pursuant to Standing Order No.47 (1) to make Statement regarding the World Water Day.

World Water Day is held on 22nd March every year and raises awareness of two billion people living without access to safe water. The theme for World Water Day was, “Ground Water and Making the Invisible Visible”.

This day is commemorated to educate people about the importance of water to the whole world and to raise awareness about the water crisis. The day also highlights the necessary improvement for access to water, hygiene facilities and sanitations in all countries.

This day was first formally proposed in Agenda 21 of 1992 United Nations Conference on Environment and Development in Rio de Janeiro. In December 1992, the United Nations General Assembly adopted resolution A/RES/47/193 by which on the 22nd March of every year was declared World Water Day.

Water has a salient role to play as an economic as well as social resource. Economically, water resources are critical for irrigated agriculture and in many industries such as mining and hydroelectric energy. It is used in the production of almost all goods.

Socially, some of its main uses includes bathing, drinking or hydration where it energies the body and flushes out toxins and improves skin complexion and other household needs as well, recreation or sports purposes. This indicates that no household can survive without water. Its essential role makes it a mandatory commodity.

Natural sources of fresh water include surface water, under-river flow, ground water and frozen water; whereas artificial sources of fresh water include treated waste or reclaimed water and desalinated sea water.

Research reveals that of the earth’s water, only 3 per cent is fresh water. Most of it is in icecaps and glaciers at 69 per cent and ground water is only 30 per cent, while all lakes, rivers and swamps combined only account for a small fraction that is 0.3 per cent of the world’s fresh water reserves.

Water resources are under threat due to scarcity, pollution, water conflict and climate change. Fresh water is a renewable source yet the world supply of ground water is steadily decreasing.

As we commemorate the World Water Day, I urge both levels of Government to have sustainable mechanisms in place of ensuring that water supply is efficient and sufficient in all counties.

I wish all Kenyans a belated happy World Water Day.

Sen. Nyamunga you want to say something?

has been chosen for discussion, for member Parliaments to take necessary action to strengthen governance systems and processes, inter-state and regional cooperation.

Mr. Speaker, Sir, the Parliament of Kenya will be represented by the following Members of Parliament who sit in various Committees of the Forum:

a) Sen. Samuel Poghisio, EGH, MP; - President of the Executive Committee and Member of the Committee on Economic Development, Natural Resources and Regional Integration; b) Sen. Sylvia Kasanga, MP; - Member of the Committee on Women, Children and Vulnerable Persons; c) Hon. William Kamket, MP; - Member of the Committee on Humanitarian and Social Issues; d) Hon. (Col.) (Rtd) Geoffrey Muturi King’ang’i, MP; - Member of the Committee on Peace and Security; and e) Hon. Paul Otiende Amollo, EBS, SC, MP; - Member of the Committee on Democracy and Good Governance. I take this opportunity to welcome Member States of the Forum to Kenya and wish them fruitful deliberations in the 12th Ordinary Session of the Plenary Assembly.

I thank you.

It is unfortunate that even as I speak, I do not have water in my village. Water is only targeted at schools and Government institutions but there are many people who live very far from Government institutions, I included. That makes it difficult to have clean water.

Mr. Speaker, Sir, that brings me to the point of Koru-Soin Dam which is critical to me. The Government should fast-track that project because that water will serve almost three regions; Rift Valley, Nyanza and part of Western Kenya, depending on the distribution channels.

Water is critical. Women suffer because they spend a lot of time and money looking for water. In Nyando where I come from, water is still a big dream for many people. More so, during drought seasons, it is difficult for most families to access water.

So, as we commemorate this, we are still lagging behind as a nation. We should do our best because water is life. Therefore, as many Kenyans as possible should be able to access clean running water. With water, we can do agriculture and it will help us to avoid water borne diseases.

Water is required in every village. Imagine sitting in your house in Nairobi and there is no single drop of water from your tap. You can become sick because it is a difficult situation. What about our women in the rural areas who have never even seen a tap? To them, to have water in the house is a big dream.

Mr. Speaker, Sir, the Government should prioritise water because it is one of the devolved functions of our county governments. It may be difficult for all county governments to work on water. That is why the national Government should come in handy to ensure that Kenyans have access to clean water.

I thank you.

The next Statement is by the Senate Majority Leader. Sen. Poghisio, you have the Floor.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.47 (1) to make a Statement on an issue of general topical concern namely; the 12th Ordinary Session of the Plenary Assembly of the Forum of Parliaments of the International Conference of Great Lakes Region to be held from 2nd to 6th April, 2022, in Nairobi, Kenya.

Mr. Speaker, Sir, as you are aware, the Forum of Parliaments of Member States of the International Conference of the Great Lakes Region (FP-ICGLR) is an inter- parliamentary organization of 12 parliaments of member states of the International Conference of the Great Lakes Region namely; the Republic of Angola, the Republic of Burundi, the Central African Republic, the Republic of Congo, the Democratic Republic of the Congo, the Republic of Kenya, the Republic of Rwanda, the Republic of Sudan, the Republic of South Sudan, the United Republic of Tanzania, the Republic of Uganda, and the Republic of Zambia.

Of the Forum’s organs, the plenary assembly is the highest decision making body and is mandated to inter alia, approve the nomination of office bearers of the FP-ICGLR; adopt the Forum's budget; adopt the reports of committees; adopt the recommendations and resolutions to governments and parliaments of the member States of the ICGLR; and deliberate on all matters within the jurisdiction of the Forum. The plenary assembly meets on an annual basis and the venue of the event is held on a rotational basis between the member States.

The mission of the FP-ICGLR is to work for the prosperity and the stability of the ICGLR member States by the establishment and the entrenchment of democracy, good governance, the rule of law and the fight against poverty.

The Forum is chaired by a president drawn from the Speakers of parliaments of the member States and the president serves for a one-year term. The Speaker of the Senate of Kenya, the Rt. Hon. Kenneth Lusaka, EGH, MP, is the current sitting president of the Forum.

Mr. Speaker, Sir, the Parliament of Kenya has the singular honor of hosting the 12th Ordinary Session of the plenary assembly of the FP-ICGLR, in collaboration with the General Secretariat based in Kinshasa, DRC. The event is scheduled to take place from 2nd to 6th April, 2022, at the Nairobi Serena Hotel. This event will be the first one in two years following the disruptions and cancellations of in-person international events owing to the COVID-19 global pandemic.

A series of meetings will be held during the 12th Ordinary Session of the plenary assembly and will include: -

Mr. Speaker, Sir, on Order No.19 on the Second Reading of the Employment (Amendment) Bill (Senate Bills No.54 of 2021) , I will request Sen. Wambua to second this amendment.

This is a very straightforward amendment. The principle behind it is to ensure that we disconnect---

You need to move.

Hon. Senators, I wish to rearrange the Order Paper for the convenience of the House.

Let us go to Order No.19

Yes, Sen. Cherargei.

Mr. Speaker, Sir, on Order No.19 on the Second Reading of the Employment (Amendment) Bill (Senate Bills No.54 of 2021) , I will request Sen. Wambua to second this amendment.

This is a very straightforward amendment. The principle behind it is to ensure that we disconnect---

You need to move.

Mr. Speaker, I beg to move that the Employment (Amendment) Bill (Senate Bills No.54 of 2021) , be read a second time.

This is an Act of Parliament to amend the Employment Act to provide for the right to disconnect; the right of employees to have their personal time and privacy respected and for connected purposes.

COVID-19 introduced the concept of virtual meetings and engagements. With the onset of technology, nowadays, you will find that people suffer from fatigue and are spending less quality time with the family. Technology has led to employees being called late at midnight and yet some of them are non-essential staff. Most of these issues have led to break-down of families and lack of quality time. As we know, any serious foundation is built on protection of family values.

We appreciate what technology has done to revolutionize the work environment and that is why the Standing Orders in this House were amended to introduce hybrid sittings in the House. However, when your boss calls you at night - especially if it is of the opposite gender - you might need to give a proper explanation to your spouse as to who that person is.

Let us learn to disconnect from work after working hours. The bosses should not have a leeway after working hours unless it is essential. Sen. Wambua has worked in media while my brother, Sen. (Prof.) Ongeri, the next governor of Kisii County, has worked as a medic. Some people can argue that medics offer essential services so they may be on call. I do not know whether media or the fourth estate are also on call.

We need to disconnect after work, protect our families and ensure they get quality time. When you are on leave, you need to be protected from overzealous bosses. You are on leave in the village somewhere in Bungoma or Nandi taking care of cows, and your boss calls you back to work in Nairobi or Mombasa. The purpose and intention of this amendment is to ensure that you are protected from overzealous and overexcited bosses in our work place especially to Kenyan employees.

When this amendment was gazetted, some people were commenting on social media that I am proposing watu wapige sherehe bila kusumbuliwa. It was misconstrued. What I meant is that we need to disconnect. This law does not allow those on call or working in the emergency services to disconnect. The misinterpretation I saw on social media is that people offering essential services will be doing weekend getaways.

Mr. Speaker, Sir, I propose that the Employment Act be amended by inserting the following new section after Section 27 where we have been provided for the hours of

Senator, you know we have both but once you start in one language, you continue with that. If you want Kiswahili---

But you are even misleading this House further that now that we have Standing Orders for both languages, you can crisscross. That is not allowed.

My apologies, but this one I was trying to emphasis is not casual. I treat the Senate of the Republic of Kenya seriously. I always believe the consumers of what we debate here are ordinary Kenyans who would like to be on the same page. However, I would restrict myself to the language I started with. I hope Sen. Sakaja, will in future ensure how our primary consumers get that in a simpler version.

I was just asking what happens, for example, when you are working in a hardware in Kirinyaga Road and your boss says you shall work up to 9. 00pm. Or when you are working here in the Senate, with this our very good secretariat, we decide today there is no special sitting and go beyond 6:30pm. We just tell our secretariat and our Serjeant-at-Arms, that they would leave the Senate premises after 11.00pm. What happens?

Therefore, I have provided New Section 27 A (7) (a) and (b) that says - “Where an employer contacts an employee during the period when there is no mutually agreed out of work hours, the employee—

You know this is a very serious House and we have rules. You have repeatedly ignored the casual manner in which the Senator for Nandi is mixing languages. This is not a baraza in the street or a forum in Kapsabet. This is the Senate of the Republic of Kenya. When you start in English, you finish in English. You do not mix unless you have quotations. When you start in Swahili, you finish in Swahili.

The Senator is treating the House very casually. His off the cuff remarks are very interesting. There are reasons why we have rules. Kindly, rule him completely out of order and ask him to take this debate a bit seriously because we are following. This is a very important Bill that was brought to my Committee and we have things to say. Just guide the content of speeches.

Sen. Cherargei, apologize and please just have the seriousness with which this House is regarded.

You know, Madam Temporary Speaker, while I apologize, the reason is that since I saw that we have our Standing Orders in Kiswahili and English---

the Bill of Rights. Article 41 is about labour relations and Article 43 is on economic and social rights.

In seconding this Bill, I am drawn to the Bill of Rights in Chapter Four. It states categorically that the rights and fundamental freedoms in the Bill of Rights belong to each Kenyan and are not granted by the State. Therefore, by extension, these rights are not granted by employers. They are fundamental to every Kenyan and must be enjoyed by every Kenyan.

We all appreciate that times have changed and, as contemplated in Article 41 of the Constitution, the working space and environment is not necessarily the physical office block in this day and age. Many times, that work environment and office space has moved to the phone because a lot of work and business is being transacted through the phone.

Madam Temporary Speaker, the import of this Bill is to say that we appreciate the fact that with changing times and advancements in technology, the work environment and the working space has moved from the office block to the phone. However, that does not make my phone a public space because it is still private space and a private property.

What has happened with the advancement of technology--- I hope Sen. Cherargei will sit down and take notes as I second this Bill, and not to move along the corridors, so that he is properly briefed and takes advantage of the serious input to this Bill.

The phone still remains private property though there is official work being transacted on it. With advancement of technology, many employers are now buying airtime for their employees to facilitate work. I know that Parliamentary Service Commission (PSC) is doing that for Members. Therefore, the fact that an employer can buy airtime for an employee does not convert his phones into the employer’s property. This Bill seeks to ensure that work can be transacted outside the physical office space, but still respect the privacy of the individual employee.

Madam Temporary Speaker, I would like Sen. Cherargei to take note that in this Bill, there is need to define what essential services are. In most cases, that definition is left to the whims of the person making the definition, but that should not be the case. To suit the best interest of an employer, they may decide to put into the bracket of essential services which are not essential. Therefore, there is need for this Bill to go deep and define what essential services are.

Madam Temporary Speaker, we also have what is called ‘working time.’ What is the official working time? Is it between 8.00 a.m. and 5.00 p.m., or is it between 9 00

Sen. (Dr.) Musuruve, proceed.

Thank you, Madam Temporary Speaker, for giving me an opportunity to add my thoughts to this Bill. Sen. Cherargei, has come up with a Bill that really needs a lot of in-depth thinking in the sense that we have loyalty of employees that is commitment.

Commitment of employees can lead to productivity in an organization. Even an organization that was not doing very well can come up very strongly when employees are loyal. Loyalty and commitment of employees goes beyond what is expected of employees. Sometimes employees might even be expected to use some of their spare time to ensure that the operations of the organization run smoothly.

As we think of this Bill, there is need to put into consideration the issue of employee commitment because employers are naturally inclined towards employees who are committed to their task. They will even want to give them incentives and make their work conditions better and all that.

Madam Temporary Speaker, there is need to see that this Bill is not bringing friction with regard to the relationship between employers and employees. In as much as employees have rights, employers also have rights and expectations from their employees.

One of the things that most employers would like to see is that employees depicting a good image for the organization. An image in terms of productivity, discipline and working beyond the expected time. So, there is need to think through this Bill so that it does not bring conflict.

There are instances when employees are called upon just to show their loyalty to organisations. Let me give an example of a classroom situation where, for example, you are a lecturer in a university and there is delay in the printing of the exam papers while you are supervising the exam. If that exam delays and starts at 5.00 p.m. instead of 3.00

My apologies, but this one I was trying to emphasis is not casual. I treat the Senate of the Republic of Kenya seriously. I always believe the consumers of what we debate here are ordinary Kenyans who would like to be on the same page. However, I would restrict myself to the language I started with. I hope Sen. Sakaja, will in future ensure how our primary consumers get that in a simpler version.

I was just asking what happens, for example, when you are working in a hardware in Kirinyaga Road and your boss says you shall work up to 9. 00pm. Or when you are working here in the Senate, with this our very good secretariat, we decide today there is no special sitting and go beyond 6:30pm. We just tell our secretariat and our Serjeant-at-Arms, that they would leave the Senate premises after 11.00pm. What happens?

Therefore, I have provided New Section 27 A (7) (a) and (b) that says - “Where an employer contacts an employee during the period when there is no mutually agreed out of work hours, the employee—

Hon. Senators, I do not see more interest on that Bill. I now call upon the Mover to reply.

Madam Temporary Speaker, this is a very straightforward amendment. I have noted issues that Sen. Wambua raised on public space and whether the phone should be part of the public space and the right to privacy. Before we vote on the Bill, during the Committee of the Whole, I believe we will have an opportunity to make amendments. I agree with Sen. Wambua and all of us that our offices or workplaces have changed into phones. Phones have become virtual offices.

Madam Temporary Speaker, I have also noted the proposal raised by Sen. (Dr.) Musuruve on the amendment and introduction of Clause 27 (7)(a) on the issue where an employee is being called and not obliged to respond. I agree with her on her sentiments. I will be willing to make an introduction of amendments during the Committee of the Whole to make it better.

I thank colleagues and many people who have contributed. This is an aim to protect the employees, push for labour rights and ensure that an employee has a right to disconnect, enjoy their privacy and family time. We should ensure that we protect the social fabric and the fabric of our nation going into the future.

I am very grateful to all the Members of the Committee on Labour and Social Welfare. I thank the Committee Chairperson, Sen. Sakaja, for the report that they prepared. I am grateful to the Committee of Labour and Social Welfare for the good job that they did on this Bill. I have assured them that they can have amendments as long as it does not affect the soul, the heart and the mind of this Bill. For the employees and the employers, this is a win-win for all of them. To ensure we protect them when they are off or on leave, they are not called by their bosses.

As I conclude, in the spirit of what Sen. Wambua said, it is also in the interest of the employers, that the employees are well rested and energetic, so that they also maximize the output. When we say we disconnect, we do not want to disconnect for the sake of just disconnecting. We want employees to disconnect so that they reenergize, refresh and give the maximum output.

I, therefore, thank everyone and pray that when it comes to voting, we can support this amendment, allow it to go to the National Assembly and the employees can have an opportunity of enjoying the fruits of rights to disconnect, especially in this era of technology.

Madam Temporary Speaker, pursuant to Standing Order 61(3), I request that putting of the question be deferred to a later date.

Thank you, Madam Temporary Speaker.

Thank you, Senators. We defer the putting of the question on the Bill to a later date.

Hon. Senators, we cannot proceed with the divisions that are listed on Order Nos. 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 due to lack of quorum.

I, therefore, defer Order Nos. 8 to 17.

Thank you, Madam Temporary Speaker, for giving me an opportunity to add my thoughts to this Bill. Sen. Cherargei, has come up with a Bill that really needs a lot of in-depth thinking in the sense that we have loyalty of employees that is commitment.

Commitment of employees can lead to productivity in an organization. Even an organization that was not doing very well can come up very strongly when employees are loyal. Loyalty and commitment of employees goes beyond what is expected of employees. Sometimes employees might even be expected to use some of their spare time to ensure that the operations of the organization run smoothly.

As we think of this Bill, there is need to put into consideration the issue of employee commitment because employers are naturally inclined towards employees who are committed to their task. They will even want to give them incentives and make their work conditions better and all that.

Madam Temporary Speaker, there is need to see that this Bill is not bringing friction with regard to the relationship between employers and employees. In as much as employees have rights, employers also have rights and expectations from their employees.

One of the things that most employers would like to see is that employees depicting a good image for the organization. An image in terms of productivity, discipline and working beyond the expected time. So, there is need to think through this Bill so that it does not bring conflict.

There are instances when employees are called upon just to show their loyalty to organisations. Let me give an example of a classroom situation where, for example, you are a lecturer in a university and there is delay in the printing of the exam papers while you are supervising the exam. If that exam delays and starts at 5.00 p.m. instead of 3.00

(Bill deferred) Second Reading

Hon. Senators, I do not see more interest on that Bill. I now call upon the Mover to reply.

Madam Temporary Speaker, this is a very straightforward amendment. I have noted issues that Sen. Wambua raised on public space and whether the phone should be part of the public space and the right to privacy. Before we vote on the Bill, during the Committee of the Whole, I believe we will have an opportunity to make amendments. I agree with Sen. Wambua and all of us that our offices or workplaces have changed into phones. Phones have become virtual offices.

Madam Temporary Speaker, I have also noted the proposal raised by Sen. (Dr.) Musuruve on the amendment and introduction of Clause 27 (7)(a) on the issue where an employee is being called and not obliged to respond. I agree with her on her sentiments. I will be willing to make an introduction of amendments during the Committee of the Whole to make it better.

I thank colleagues and many people who have contributed. This is an aim to protect the employees, push for labour rights and ensure that an employee has a right to disconnect, enjoy their privacy and family time. We should ensure that we protect the social fabric and the fabric of our nation going into the future.

I am very grateful to all the Members of the Committee on Labour and Social Welfare. I thank the Committee Chairperson, Sen. Sakaja, for the report that they prepared. I am grateful to the Committee of Labour and Social Welfare for the good job that they did on this Bill. I have assured them that they can have amendments as long as it does not affect the soul, the heart and the mind of this Bill. For the employees and the employers, this is a win-win for all of them. To ensure we protect them when they are off or on leave, they are not called by their bosses.

As I conclude, in the spirit of what Sen. Wambua said, it is also in the interest of the employers, that the employees are well rested and energetic, so that they also maximize the output. When we say we disconnect, we do not want to disconnect for the sake of just disconnecting. We want employees to disconnect so that they reenergize, refresh and give the maximum output.

I, therefore, thank everyone and pray that when it comes to voting, we can support this amendment, allow it to go to the National Assembly and the employees can have an opportunity of enjoying the fruits of rights to disconnect, especially in this era of technology.

Madam Temporary Speaker, pursuant to Standing Order 61(3), I request that putting of the question be deferred to a later date.

Thank you, Madam Temporary Speaker.

Thank you, Senators. We defer the putting of the question on the Bill to a later date.

Hon. Senators, we cannot proceed with the divisions that are listed on Order Nos. 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 due to lack of quorum.

I, therefore, defer Order Nos. 8 to 17.

(Bill deferred) Second Reading

Hon. Senators, further, we are also unable to proceed with Order No.20 because the Senate Majority Leader is not in the Chamber.

I do not also see Sen. (Eng.) Maina to execute Order No. 21. I do not see Senate Majority Leader who is supposed to execute Order No. 22. The Chairperson of the Standing Committee on Tourism, Trade and Industrialization is also not in the House to execute Order No. 23. Lastly, Sen. Shiyonga is not in the House to execute Order No 24.

I, therefore, defer Order Nos. 20 to 24.

Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until Thursday, 31st March, 2022 at 2.30 p.m.

The Senate rose at 4.37 p.m.