Wednesday, 3rd June, 2026

Clerk, do we have quorum?

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

Hon. Senators, we now have quorum. We will now proceed with the business of the day. Clerk, kindly, call the first Order.

Senate Majority Leader.

Thank you, Mr. Speaker, Sir. On behalf of the Senate Majority Leader, I beg to lay the following Paper on the Table of the Senate today, Wednesday, 3rd June, 2026-

The Equalisation Fund Third Quarter Report for Financial Year 2025/2026 on the implementation of the Equalisation Fund.

Thank you.

Next Order.

Mr. Speaker, thank you once again. On behalf of the Senate Majority Leader, I beg to give notice of the following Motion-

Notwithstanding the resolution of the Senate made on 17th February, 2026 regarding the approval of the Senate Calendar and pursuant to Standing Order No.32 (4) , the Senate resolves to alter its Calendar for the Fifth Session, 2026, in respect of Part III, to proceed on recess from Friday, 19th June, 2026, and to resume regular sittings on Tuesday, 14th July, 2026.

Statement pursuant to Standing Order No.53 (1) ; the Senator for Bungoma County, Sen. David Wafula Wakoli. That Statement is dropped.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare on a matter of national concern regarding the alarming rise in cases of missing children in the country.

Mr. Speaker, Sir, in the recent past, Kenya has witnessed a disturbing rise in cases of missing children, many of who have tragically ended in death, while the whereabouts of others remain unknown. Recent heartbreaking cases, such as those of five-year-old Travis Wanjohi and one-year-old Mary Wanjiru from Nyeri County, who were found dead on 30th March, 2026 and 10th April, 2026 respectively, have shaken the conscience of the nation and exposed glaring gaps in our child protection systems, investigative processes and community-level responses.

Equally of concern are the many reported cases that remain unresolved. Luther Mwangi, a five-year-old autistic child from Dandora, Nairobi, went missing on 15th

April, 2026 and is yet to be found. Neville Kibui from Kangemi, Nairobi, and Precious Jepchirchir from Kamoiywo Village, Nandi County, who went missing on 29th August, 2025 and 4th March, 2025 respectively, also constitute part of the statistics of missing children who have never been found. The pain endured by families searching for their loved ones is immeasurable and the urgency to act cannot be overstated. This matter is not only about statistics, but about the lives of innocent children whose future have been cut short or remain uncertain.

In the statement, the committee should address the following-

Senator for Kilifi County, Hon. Stewart Madzayo.

Asante, Mstahiki Spika. Nasimama, kwa mujibu wa Kanuni ya Kudumu ya 53 (1) ya Seneti, kuomba kauli kwa Kamati ya Kudumu ya Barabara, uchukuzi na Makazi kuhusu ucheleweshaji mkubwa wa ujenzi na ukarabati wa Barabara Kuu ya Mombasa-Malindi. Hususan, unaonzia sehemu za Shimo la Tewa hatimaye kuvuka daraja na kuingia maeneo ya Mtwapa, Mzambarauni hadi mbele ya Majengo Kanamayi na hatimaye kuishia sehemu ya Kikambala.

Barabara hii ndiyo uti wa mgongo wa uchumi wa eneo la Pwani nchini Kenya. Inaunganisha jamii mbalimbali, inachochea sekta ya utalii, inawezesha biashara na inasaidia maelfu ya wananchi kujipatia riziki. Hata hivyo, licha ya ahadi za mara kwa mara na uwekezaji mkubwa wa fedha za umma, mradi huu umeendelea kucheleweshwa kwa miaka mingi, hali ambayo imewaacha wakazi na watumiaji wa barabara wakikumbwa na msongamano mkubwa wa magari, uharibifu wa magari, ongezeko la gharama za usafiri, hatari za kiusalama, pamoja na kupotea kwa fursa za kiuchumi.

Mheshimiwa Spika, ucheleweshaji huu kwa muda mrefu umegeuka kuwa chanzo cha malalamiko na mateso kwa wananchi, wafanyibiashara, wawekezaji na wageni wanaotembelea maeneo hayo ya pwani. Kile ambacho kinapaswa kuwa alama ya

maendeleo, sasa kimekuwa ishara ya kutotekelezwa kwa ahadi na kushindwa kufika makataa yaliyowekwa.

Katika kauli hiyo, Kamati inapaswa kujibu masuala yafuatayo-

I thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations on a matter of countywide concern regarding the decade-long ban on night-time travel for public service vehicles along the Malindi- Garsen-Lamu Highway, specifically the Lamu-Witu-Garsen stretch.

Mr. Speaker, Sir, this prolonged curfew, active since 19th July, 2014, has severely crippled the local economy, causing public transport operators to lose an estimated Kshs2.95 billion in direct gross ticket revenue, alongside severe capital stagnation from underutilised vehicle assets. Despite a late May, 2026 High Court ruling in Garsen suspending the night-travel curfew, local police commanders have maintained the roadblocks, citing a legal standstill and a lack of explicit counter-directives from the Inspector General of Police and the Ministry of Interior and National Administration. This operational gridlock has triggered massive friction, culminating in three separate strikes where frustrated transport operators blocked the highway with long-distance buses.

In the statement, the committee should address the following-

Let us move to statements pursuant to Standing Order No.56 (1) (b) . The Chairperson of the Standing Committee on Land, Environment and Natural Resources, proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a statement relating to the activities of the Standing Committee on Land, Environment and Natural Resources during the period between January, 2026 and April, 2026.

Honourable Speaker, the Senate Standing Committee on Land, Environment and Natural Resources is established under Standing Order No.228 (4) of the Senate Standing Orders and is mandated to consider all matters relating to lands and settlement, environment, forestry, wildlife, mining, water resource management and development and the climate change.

During the period under review, the committee held a total of 23 sittings during which it considered three Bills, seven Petitions and 17 statements. The committee is in the process of finalising the following seven petitions, namely-

The Chairperson, Standing Committee on National Cohesion, Equal Opportunity and Regional Integration or any member of that Committee.

Thank you, Mr. Speaker, Sir, for this opportunity. I wish to comment on the statement by Sen. Hamida Kibwana about the alarming rise of cases of disappearing and missing children. Our children are important. I do not know what we should do as a government to protect them.

When I was growing, children belonged to everyone. Anyone that met a child on the road cared and protected that child. If the child was misbehaving, they could even be punished by anybody who is not their parent. However, these days, the society no longer cares about our children. We are never concerned about them. If you meet them on the streets, you cannot stop them and ask where they are going or where their home is. Children must be protected.

I agree with Sen. Hamida that the committee concerned should go far and above to ensure our children are protected. Parents go through a lot of pain, especially those whose children go missing and they are never found, whether dead or alive. They live with an unending pain since they lost a child and never buried them. That remains a great pain.

I, therefore, support this statement. Something must be done about our children. Thank you.

Sen. Tabitha Mutinda.

Mr. Speaker, Sir, I rise to support the statement on missing children in this country. I first convey my sincere condolences to the families of those who have lost their young ones. I also condemn the rising cases of our young children disappearing.

As Sen. Kavindu has mentioned, years ago, children used to belong to the community. If a neighbour saw me misbehaving, which I did not, they were entitled to take a whip and cane me. That made one adhere to good morals. However, today, things have changed. You cannot touch someone's child because it becomes chaotic.

Teachers are also becoming afraid of disciplining our children as the children we are raising today are different. Things have changed. I have seen head teachers sending students home. If a student raises an issue, they have made a decision to send the children home. This is because they have the responsibility of answering to the authorities what happened or how a fire started. Therefore, everyone is fearing. However, is this where we need to be?

We ask our young ones to give room for talks and communication because there is a big disconnect. Truth be told, our children have their own ways of doing things. Guardians, parents, the community that is vested with this responsibility and everyone is running away. It is a very sad situation.

As I conclude, imagine in this time and era, it is young children of age 10 being used to abduct little ones. I saw a case in Dandora, Nairobi, where a young girl had coordinated an abduction of a child within the neighbourhood. She was so comfortable like an innocent person.

We need to have proper engagements with our young ones. Can you tell us what to do because this country cannot go on like this? Every life is important. Every child deserves a better life. I ask our little ones to kindly let us see how to better the environment that we live in.

Thank you, Mr. Speaker, Sir.

The Senator for Nairobi City County, Hon. Sifuna.

Mr. Speaker, Sir, I will take a very different trajectory. The Constitution of this country guarantees every person the rights to life and to equal

protection of the law. The responsibility to protect life and property in this country will never shift from the state.

I disagree with my two sisters who have spoken before me that Kenyans have somehow stopped caring about the children. It cannot be true. It is the responsibility of the government to make sure that our children are safe. We used to be taken care of by both the state and the people.

Over the weekend, Sen. Kavindu knows that I was at the African Inland Church (AIC) Siandai, Machakos. The person who gave us a sermon that day read to us Proverbs 29: 2, which says that when the righteous are in power, the people rejoice, but when the wicked rule, the people mourn.

Mr. Speaker, Sir, sometimes my faith is tested. I had to ask the reverend if really God listens to the tears of Kenyans. People are crying all over this country. If it is not missing children, it is murdered children. If it is not murdered children, it is children being burnt in dormitories in our schools. If it is not that, it is Ebola. The country is mourning all over the place.

By the way, I have listened to the people who have been charged with securing us, the Cabinet Secretary for Interior and National Administration. First, everyone saw how he arrived at the school on the morning of the fire at Utumishi Girls Secondary School. We were embarrassed for the leadership of this country. He is on record and we will never tire reminding Hon. Murkomen. He says that the entire state surveillance has been tied to political leaders in this country. That he knows where Sifuna sleeps and what time I go to sleep. That surveillance should be dealing with these criminals. How is it possible that they follow us around, but cannot track and find the children that have been taken away before they are murdered?

I saw a documentary from Aljazeera the other day confirming what Hon. Murkomen was telling us; that the state surveillance with the connivance of some of the mobile service providers in this country are the ones giving away locations of people who they disagree with politically, so that they can be abducted. We have to be honest. It is the responsibility of the state to protect these children. They have failed in that particular responsibility.

Lastly, I have heard Sen. Mungatana also cry that the people of Tana River County are also crying. Despite a court order lifting or suspending that curfew, nobody is respecting court orders. Sen. Mungatana, that is why, we, in Linda Mwananchi, want to revert to the values in our Constitution. The rule of law starts with respect for court orders.

Recently on this question of Ebola, even after our courts put a halt to that project until we give proper answers to Kenyans, our government does not care. They are going on with the project. Reports show that activities are going on there and nobody is bothered that our own courts in this country stopped that particular project until we give answers to Kenyans.

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

What is your point of order, Senator for Nandi?

Mr. Speaker, Sir, I rise under Standing Order No.105. While I agree with the other part of what he has said, is it in order for the Senator for Nairobi City

County to allege that operations at Laikipia Air Base, which is a protected area, are ongoing? Could he table evidence on his allegations that construction of a quarantine facility at Laikipia Air Base is ongoing? We know he is not even a watchman, leave alone a military officer. Could he table the evidence?

Hon. Senator for Nairobi City County, you have indicated and alleged that a court order was obtained regarding the issue of Ebola. You have gone ahead to say that despite that court order, work is still being undertaken at Laikipia Air Base. Could you substantiate those allegations?

Mr. Speaker, Sir, first of all, I am happy that the Senator for Nandi agrees with me that the wicked are in power in this country. That was the first part. Secondly, it is a fact that there is a court order. It is also a fact that activities have been reported, including military aircrafts from the United States (US) having landed at the facility and I can bring those videos.

Mr. Speaker, Sir, I want to beseech this House, just the way we play videos during impeachment of governors, you allow us to play those videos here, so that it is not just one person sitting in an office and saying that I was unable to substantiate.

Hon. Senator, do you wish to have time to substantiate?

Yes, because I do not think that anyone here was going to challenge on matters that are known to everyone.

Sen. Sifuna, I will give you up to tomorrow. You may now proceed to conclude your remarks.

Make arrangements for me to play videos of American aircraft landing at Laikipia Air Base.

Hon. Senator, how you are going to substantiate will remain in your hands. I have given you up to tomorrow to come and substantiate those allegations. For now, just conclude your thoughts.

Mr. Speaker, Sir, for clarity, previously when colleagues in this House have brought materials that needed to be played for the House, arrangements were not made, the way we make arrangements during impeachment proceedings for that media to be played.

Mr. Speaker, Sir, I want to say it here. If tomorrow I am not allowed to play my videos here, then we will have a problem. As a Member of this House, we are tired of frivolous points of order yet he knows what the situation in this country is.

I thank you.

Proceed, Sen. Cherarkey.

Mr. Speaker, Sir, I rise to support the statement regarding the Mombasa-Malindi Road where you come from. That is your county and we are proud of you as the fourth Speaker of the Senate.

Mr. Speaker, Sir, allow me to congratulate you for the successful presidential visit which you and other colleagues in that region did well on. I know the future is bright.

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

What is your point of order, Sen. Sifuna?

But I am just congratulating the Speaker?

Mr. Speaker, Sir, I rise pursuant to Standing Order No.120 on relevance. I do not see any relevance of your weekend tours to the statement that has been brought forward by the Senator for Tana River, that is Sen. Mungatana. Please, keep stories of the tours that have been done by the outgoing regime out of this House because we are not interested with those things. Let us address issues that have been brought to the Floor of the House. He needs to demonstrate how relevant it is to the statement by Sen. Mungatana.

Hon. Cherarkey, you may proceed.

Mr. Speaker, Sir, in fact, I wanted to tie it up. The Senator for Nairobi City County should learn to listen because he always talks. I said that courtesy of the leadership tour that was led by you and His Excellency the President, these are some of the issues that should be discussed. They include infrastructure within Kilifi and the larger coast region. That was the nexus. My brother, this is not the Wangamati funeral where you spoke down on everybody.

I agree with Sen. Madzayo who is a ranking Member of this House. I want to confirm to the House this. Even in the budget, these are some of the engagements we are doing within the Broad Based Government to take care of our infrastructure.

Mr. Speaker, Sir, as part of the leadership of this country, you are aware that courtesy of the National Infrastructure Fund (NIF) of Kshs5 trillion, some of the roads will benefit from that. We hope when we visit you in Kilifi, which we have done on several occasions, those are some of infrastructural developments that will take place in this country.

I thank the Senate Minority Leader for bringing up this issue. We will work together. I know that the Cabinet Secretary for Roads and Transport, Hon. Davis Chirchir, who normally works in silence, will ensure that section of the Mombasa- Malindi Road is fixed. He is also doing something in Nandi. Most roads including Chavakali-Kapsabet, Nandi Hills-Simaki and Selia-Kaiboi-Kapkatembu are being fixed. The one from Timboroa all the way to Mamboleo in Kisumu is also being fixed. Even in Vihiga, there are a number of roads that we are fixing courtesy of the Prime Cabinet Secretary. We are doing the same in Mombasa.

We must ensure that the road to Singapore remains unstoppable. The airport in Narok is also being worked on. We must ensure roads are fixed even in this city. There is one in Northern Kenya all the way from Wajir, Kotulo, Tarbaj, Isiolo and Nairobi that is being fixed. The same is happening in Embu.

No one should say that this is the outgoing regime because this is the regime that will take Kenya to Singapore. The fact that you have many people attending your rallies over the weekend does not translate to votes. Ask some of us. The fact that you are on TikTok videos, those are not votes. The journey to Singapore will remain unstoppable. We need roads that will ensure---

Mr. Speaker, Sir, I know that under your leadership and that of the President, Dr. William Ruto, we will go far. People like Sen. Sifuna wanaweza osha mikono lakini hawatakula nyama. Watanusa harufu tu.

Mr. Speaker, Sir, with those many remarks, I support these statements.

Next is Sen. Mwinyihaji.

Asante, Bw. Spika, kwa kunipa fursa hii kuchangia kauli kutoka kwa Sen. Madzayo na vilevile Sen. Mungatana. Barabara ya Mombasa-Kilifi-Malindi ni muhimu sana katika usafiri na miundombinu katika kaunti za pwani. Nafikiri barabara hiyo ilianza kutengenezwa kabla ya mwaka 2020. Hata hivyo, mpaka sasa ambapo ni miaka mitano baadaye, barabara hiyo haijakamilika. Wenye magari wanaotumia barabara hiyo wanapata gharama kubwa za kurekebisha magari yao kwa sababu kuna kipande kuanzia Mzambarauni mpaka Sun N Sand kule Kikambala ambapo barabara ni mbovu.

Barabara hiyo ina umuhimu sana kwa watu wa Kilifi na Mombasa kwa sababu mazao mengi kutoka Kilifi kwenda Mombasa yanapitia pale. Vilevile usafiri wa watu wanaokwenda Malindi na Garissa unategemea barabara hiyo. Kwa hivyo, ni makosa kwamba barabara hiyo imekaa bila kukamilishwa kwa muda huo wote.

Kwenye barabara ya kwenda Nakuru, kuna karibu wanakandarasi 10 katika sehemu tofauti tofauti. Mwanakandarasi yule amekuwa akijenga daraja ya Mtwapa kwa muda. Amezika mbuzi mzima na hadi leo hajafanya chochote. Ni masikitiko kwamba kuna mwanakandarasi ambaye anaendelea kupoteza wakati kwa sababu barabara hiyo ingekuwa imekamilika kufikia sasa.

Kuhusiana na curfew ilioko Lamu, tangu itangazwe hadi sasa ni zaidi ya miaka 12 na inaendelea kila mwaka. Sisi tunajua kisheria kwamba curfew ina muda maalum. Gazette Notice ambayo inatangaza curfew lazima iletwe katika Bunge, aidha Bunge la Kitaifa au Seneti, kwa sababu tuliona wakati wa COVID-19, Gazette Notice zote ambazo zililetwa kuhusu vizuizi vilivyokuwa vimewekwa kwa wananchi kutembea au kuzuru maeneo tofauti. Zilikuwa zinaletwa Bunge tunaziangalia katika Kamati ya Delegated Legislation, pamoja na Kamati ya Kudumu ya Seneti ya Usalama wa Taifa, Ulinzi na Uhusiano wa Kigeni na baadaye wanawapa nafasi ya kuendelea ama kuzikataa. Walakini, curfew hii imekuwepo kwa kipindi cha miaka kumi na miwili. Nimekuwa katika Bunge hili kwa zaidi ya miaka minane. Mpaka leo, hatujaona hiyo curfew ya Lamu ikiletwa hapa ili ijadiliwe na kuonekana kama je, inafaa au haifai.

Mhe. Spika, kuna maeneo mengine ambayo yana changamoto nyingi za kiusalama lakini hatuoni curfew huko wala curfew ikiwekwa, sio ya miaka kumi na mbili. Inakuwa ya miezi miwili au tatu au ikienda sana miezi sita na baadaye watu wanaruhusiwa kuendelea na biashara zao bila matatizo.

Asante, Mhe. Spika, kwa kunipa fursa hii.

Sen. Mundigi, please proceed.

Asante, Bw. Spika, kwa kunipa nafasi kuchangia mjadala ambao unaendelea wa the Senate Minority Leader kuhusu barabara ya Mombasa-Kilifi- Malindi. Ningependa kusema kwamba, Serikali ya Kenya Kwanza imejaribu kwa sababu kama tunavyojua, kwa kipindi cha takriban mwezi mmoja, contractor wengi wamelipwa pesa lakini wengine wamezembea kazini. Ningeomba watu wote ambao wamelipwa pesa warudi kazini. Vile vile, Wizara ya Barabara na Uchukuzi inafaa kuangalia contractors ambao wamezembea kazini. Baadhi ya barabara zimekwama. Ningeomba warudi ili mwananchi asherekee hii serikali.

Vile vile, tunaomba dual carriage kutoka hapa Nairobi hadi Kenol na pia expressway corner zote, kutoka Makutano hadi Meru. Hii ni kwa sababu, ikiwa hawa

contractors watafanya kazi haraka, ndivyo ushuru utapatikana ili kusiwe na upungufu wa pesa. Pesa zitakuwa mingi na wizara zote zitafaidika.

Bw. Spika, pia naunga mkono Kauli ya Sen. Hamida Kibwana kuhusu wizi wa watoto. Ningetaka kufahamisha Senator wa Nairobi City County, Sen. Sifuna, na ambaye pia atakuwa the Senate Minority Leader wa 2032, katika serikali itakayokuja, kuwa serikali ni mimi na wewe. Ikiwa sisi tunaona watoto wanaibiwa na huwezi kusema, kwani itakuwa ni Rais ameiba watoto ama ni mimi au ni mkubwa wa security? Haitawezekana. Ningeomba mimi, wewe na yule mwingine tuwe na utu. Tukiona kitu chochote kimefanyika, tuseme.

Vile vile, serikali inafaa kujaribu kuleta vifaa vya kusaida watoto wakipotea waweze kuonekana.

Walakini---

Sen. Madzayo, please, proceed. The Senate Minority Leader (Sen. Madzayo) :

Sen. Mungatana, please proceed.

Asante Bw. Spika. Ningependa kuongea kuhusu barabara kuu kutoka Mombasa-Kilifi-Malindi. Sisi watu wa Tana River County huwa tunakuza maembe mengi sana. Soko letu kubwa la haya maembe liko Mombasa. Imekuwa mtihani kubeba maembe kutoka Tana River ufike Malindi. Kutoka Malindi, ilikuwa barabara ni nzuri. Sasa mwanakandarasi aliyeingia, imekuwa miaka na mikaka, hamalizi kazi. Imekuwa mtihani sasa. Wakulima wetu wa maembe wanapata shida. Malori yanaharibika njiani. Kwa hivyo, nasimama kabisa kuunga mkono hili wazo la kuwa kamati ya Bunge husika wachunguze wapate kisa

Asante Bw. Spika. Ningependa kuongea kuhusu barabara kuu kutoka Mombasa-Kilifi-Malindi. Sisi watu wa Tana River County huwa tunakuza maembe mengi sana. Soko letu kubwa la haya maembe liko Mombasa. Imekuwa mtihani kubeba maembe kutoka Tana River ufike Malindi. Kutoka Malindi, ilikuwa barabara ni nzuri. Sasa mwanakandarasi aliyeingia, imekuwa miaka na mikaka, hamalizi kazi. Imekuwa mtihani sasa. Wakulima wetu wa maembe wanapata shida. Malori yanaharibika njiani. Kwa hivyo, nasimama kabisa kuunga mkono hili wazo la kuwa kamati ya Bunge husika wachunguze wapate kisa

Hon. Senators, we have spent more than the 15 minutes that I had allocated to this comments session. We will therefore move to the next Order.

Clerk, please proceed to call the next Order.

Hon. Senators, we have spent more than the 15 minutes that I had allocated to this comments session. We will therefore move to the next Order.

Clerk, please proceed to call the next Order.

Mr. Speaker, Sir, I beg to move- THAT, notwithstanding the resolution of the Senate made on 17th February, 2026

, and pursuant to Standing Order 32

(4)

, the Senate resolves to alter its Calendar for the Fifth Session, 2026, in respect of Part III, so as to proceed on recess from Friday, 19th June, 2026 and to resume regular sittings on Tuesday, 14th July, 2026. Mr. Speaker, Sir, this has come as a request from the Senate Liaison Committee, on a number of committees that have backlog in works that are pending before them and are relying on this system of meeting only once, twice or at most, three times in a week. It is actually twice at most, for most committees and as we are drawing near the end of this term of Parliament, many of them will complete the term without returning valuable work, some of which is very crucial for the records of this House.

Therefore, the Senate Business Committee (SBC) acceded to the request of the Senate Liaison Committee to take time. Many of them will be retreating to the usual places that they normally do to conclude on Bills, Petitions and Statements. So, basically, it is a variation of the slated recess, which was supposed to be two weeks to make it three weeks. This is a fairly straightforward matter.

I do not know if the Minority Leader is listening to conclude on it. Mr. Speaker, Sir, I beg to move and request that he seconds. The Senate Minority Leader (Sen. Madzayo) :

Asante Mstahiki Spika. Ninaunga

Mr. Speaker, Sir, I beg to move- THAT, notwithstanding the resolution of the Senate made on 17th February, 2026 (approval of the Senate Calendar) , and pursuant to Standing Order 32 (4) , the Senate resolves to alter its Calendar for the Fifth Session, 2026, in respect of Part III, so as to proceed on recess from Friday, 19th June, 2026 and to resume regular sittings on Tuesday, 14th July, 2026. Mr. Speaker, Sir, this has come as a request from the Senate Liaison Committee, on a number of committees that have backlog in works that are pending before them and are relying on this system of meeting only once, twice or at most, three times in a week. It is actually twice at most, for most committees and as we are drawing near the end of this term of Parliament, many of them will complete the term without returning valuable work, some of which is very crucial for the records of this House. Therefore, the Senate Business Committee (SBC) acceded to the request of the Senate Liaison Committee to take time. Many of them will be retreating to the usual places that they normally do to conclude on Bills, Petitions and Statements. So, basically, it is a variation of the slated recess, which was supposed to be two weeks to make it three weeks. This is a fairly straightforward matter. I do not know if the Minority Leader is listening to conclude on it. Mr. Speaker, Sir, I beg to move and request that he seconds. The Senate Minority Leader (

Asante Mstahiki Spika. Ninaunga

Senator for Nandi take your seat.

Thank you, Mr. Speaker, Sir. I beg to move that the Statutory Instruments (Amendment) Bill (National Assembly Bills No.3 of 2024) be now read a second time. This is the third or fourth Statutory Instruments amendment Bill that we are moving this cycle. It is a bit untidy, but, unfortunately, work has to be done.

You will recall that as part of the National Dialogue Committee (NADCO) , we came up with a very comprehensive amendment to various sections of our statutory instruments amendment Bill. Subsequent to that, I think there was a high court decision on certain elements of the Statutory Instruments Act, which our counterpart House had included in an omnibus amendment Bill. The courts held that it was illegal and, therefore, as a consequence of that, they began another Bill which we concluded on and was assented to sometimes last year.

There is a Statutory Instruments (Amendment) Bill that is before the Committee of the Whole of this House separate to this. This space is getting a bit more crowded. I wish we could do better and amalgamate them. It is something which I hope that our Justice, Legal Affairs and Human Rights Committee because they have interacted and I have seen their report on No.2 and No.3 because this is No.3. Number 1 is the one that is before a Committee of the Whole. I think we have done amendments and reported progress. We need to vote on it.

There is No.3 of 2024, which I have equally seen what the Committee on Justice, Legal Affairs and Human Rights is proposing to the House. There are certain things they disagree with in principle and how they wish this be pursued. There is a neater way to deal with this because we have had in the past instances where a Bill that speaks to the same topic comes in quick succession to the House for amendments. It can even confuse stakeholders because somebody may end up reading and thinking, “Ah, we gave our

submissions just the other day” and they miss the fine print of determining whether it is Number 1 or 2.

This Bill seeks to achieve my proposal, which after moving this Bill, I will be making to the Justice, Legal Affairs and Human Rights Committee, which is is to find ways in which we can collapse perhaps through the amendment at the Committee of the Whole stage, so that we have one Bill to carry all the proposed amendments instead of carrying it as two Bills.

I know the challenge is that the one that is in No.2 is a Senate Bill and this is a National Assembly Bill. In fact, if you asked me whichever carries the favour of the House would still be fine because either way, the Bill must go through both Houses of Parliament.

What is contained in the Statutory Instruments Amendment Bill No.3 of 2024? This Bill was published in the Kenya Gazette Supplement No.27 of 2024. The principal object is to amend the provisions of the Statutory Instruments Act of 2013. This is part of the Acts that were quickly rushed at the rise of the 11th Parliament, the first term of the Bicameral Parliament where many Bills were being passed to try and conform the country to the demands and spirit of the Constitution of Kenya, 2010.

Many afternoons, if you listen, we move Bills to amend those that were enacted as early as 2013. Subsequently people discovered they were going to present challenges. That process of cleaning up will take a while. I do not think even in the life of this Parliament or the next, we will have concluded because the law is a living thing. Some things obtaining today in subsequent days new information will come in or people will perceive things differently. That is why it is our duty as Parliament. We must always be alive, willing and ready, as a House, to rise to the demands of our population in terms of conforming our laws to the dictates of what the situation is in the country.

Significant provisions of this Bill particularly those contained in clauses 4, 5 and 7 were carried and incorporated in the Bill No.1 of 2023 which I had mentioned earlier that is already assented to. There are certain provisions in the present Bill that were not carried in particular clauses 6 and 8, which address the lapse and continued operation of statutory instruments and provisions as follows.

This is where it gets interesting. If one reads the report of the Justice, Legal Affairs and Human Rights Committee, which is in our tablets, they particularly take great exception to clause 6 which calls for a repeal of Section 21 of the Act, which provides for automatic revocation of statutory instruments 10 after the instrument was made and the manner and duration for which the life of a statutory instrument maybe extended.

This is a very complicated matter because we are talking about matters that are in the thousands because statutory instruments contain regulations governing so many things. Basically, these are the nuts and bolts of Government. They dictate how this or the other item is handled, how this office operates, including us here in Parliament. We have our own instruments which we must adhere to.

The Justice, Legal Affairs and Human Rights Committee argues, and I am sure there are Members of that committee who are in the House - I hope they will be patient enough to contribute, so that we benefit from their perspective on this matter. They argue that a blanket revocation goes against the spirit and letter of our Constitution. Even if it

was a proposal to carry out department by another, then they would consider because there are certain State Departments that have these statutory instruments in their thousands while others have maybe one or two. If we pass a law that wholly revokes the 10-year rule on all the statutory instruments, it will create some legal problems or perhaps, even create room for abuse. In that report, they have gone on to explain how as a committee we can treat this issue, something that is up for debate.

Clause 8 amends also Section 27. It is inserting a new Subsection 3 which provides that a statutory instrument that will otherwise stand automatically revoked on any date before the day of commencement of this provision shall continue to operate and to have effect as if the instrument has not been automatically revoked on that particular date. This seeks to address the legal uncertainty arising from statutory instruments that have already been deemed to have expired under the 10-year automatic revocation regime which is a current obtaining legal framework.

Mr. Speaker, Sir, this introduces a saving and validating provision to ensure that any statutory instrument that would otherwise have stood automatically revoked before the commencement of this amendment continues in operation and has effect as if it had not been automatically revoked. I have seen this done with regulations. Sometimes even Members of Sen. Mwenda Gataya’s Committee, on Delegated Legislation, come before us. You know that by operation of law, when the Cabinet Secretary submits regulations before us, we have a 30-day period within which to consider, to either accept or reject and make a determination on that matter. However, many times, I have seen the Committee come and request us by way of Motion because that is the only way provided for in law, if the House can extend time for itself. This is because, that 30-day period is the time we set for ourselves as a House. They request that matter to be considered for another 21 days. I saw such a request last week, but I do not know on which regulations. Clause 8 seeks to provide that kind of arrangement for this item.

It is, therefore, necessary for Parliament to consider these two clauses so as to provide clear provisions on when and how statutory instruments lapse and the circumstances under which they may continue. I do not believe that the converse is true because there are people who argue that we should leave the law as is; that it does not matter, once it lapses, it does. There are situations, like times of epidemics when we had this challenge. Those of you who were here during the COVID period, we had such a challenge where it became difficult for the Houses of Parliament to physically convene and we had to do certain extensions such as this on regulations and many other things.

Therefore, Mr. Speaker, Sir, even though you may not agree with the way in which this amendment proposes extension of life of statutory instruments, it is not right to say that we leave it as an open-shut case such that, once the 10-year regime period lapses as is the case right now, then it stands revoked. There may be better ways of doing it, which is what I want to hear people say. That is why we are lawmakers and we convince each other by way of reason. I am not seeing the Chairperson of the Committee of Justice, Legal Affairs and Human Rights (JLAC) but I am sure there are Members of that committee who are here and they will guide us in their perspective.

We will also listen to the opinion of the rest of the Members. I am willing to be persuaded on how to better handle this situation because while I see what the drafters and

the originators of this Bill wish to cure, I am not very comfortable with the way in which it is proposed to be cured. That is why we exist as a House because lawmaking is like sausage making. It is not necessarily beautiful, but the product is nice and tasty at the end of it. Therefore, we have to push and haggle around until we figure out a way of how to handle the situation.

Mr. Speaker, Sir, with these remarks, I beg to move and request the Senator for Nandi, Sen. Samson Cherarkey, to second. I thank you.

Thank you, Majority Leader, for ably moving the Statutory Instruments (Amendment) Bill (National Assembly's Bill No. 3 of 2024) . The Senate is a good House. Although we are bicameral, all the laws that we have received from the National Assembly are always given priority. I hope our brothers, in the principle of reciprocity, will also fast-track some of our Bills. We would not want to make the National Assembly a graveyard of Senate Bills. I hope that under your leadership and the Senate Business Committee (SBC) , it should come to their attention because one of my Bills has stayed in the National Assembly for quite some time.

Mr. Speaker, Sir, the definition of a statutory instrument is that it is an order or a rule of any decision-making entity that we have given powers. In Articles 93, 94 and 96 which define Parliament as both the Senate and the National Assembly, one of our cardinal roles or the important critical role of Parliament is the law-making. Therefore, we must guard it jealously because the moment we lose touch with the law-making process, we are no longer Parliament.

In the principle of Thomas Aquinas and J.J. Rousseau, the power we enjoy is donated and delegated. Therefore, when we pass a law in this House, the Statutory Act demands that the Cabinet Secretary or the entity given power must give rules and regulations through the power of statutory. It is therefore important that as a House, we guard this.

I am expecting to listen to the Committee on Delegated Legislation. I am also told the Attorney General appeared on a number of occasions before the Senate and they tried to insist that upon expiry of some rules and regulations or statutory instruments under the Act, they wanted a blanket cheque. If there are rules and regulations that were gazetted 10 years ago, for example, why would the Ministry or any entity want to continue to perpetuate them?

Even with the Acts of Parliament, and I agree with the exiting remarks of the Majority Leader, where he said that we are not comfortable on how this was arrived at because even an Act of Parliament is subjected to a flexion of time or even an amendment. It cannot be the rules and regulations that were passed 10 years ago are given a blanket cheque. You will be overtaking the cardinal rules of national values and principles of good governance, which include public participation and parliamentary scrutiny. This is one of the objects in Section 4 of the Statutory Instruments Act of the Parliament of the Republic of Kenya. There is the public participation and the explanatory memorandum, which, for example, 10 years ago in 2015, might not have been given by Cabinet Secretary at that given point in time.

Mr. Speaker, Sir, the Committees on Delegated Legislation and JLAHC, and it has to go on record that during my time when I was the Chairperson of JLAHC, I was the

top, followed by Sen. Moses Kajwang’, when he was chairing the County Public Accounts Committee (CPAC) and as Sen. Sifuna said in the morning, I should also be given flowers. Sen. Faki was my member and we should not allow that. The process of lawmaking should be guarded.

The other day, there were regulations on the cost of water. We must review them from time to time. It is not fair to the Ministry. For example, if we were charging Kshs2 per litre or water tracking in estates 10 years ago, it would then be in the interest of the Cabinet Secretary for Water, Sanitation and Irrigation to bring those rules and regulations for review with the prevailing circumstances that have changed over time.

Mr. Speaker, Sir, looking at the introduction, I will only comment because this is a very brief Bill so as to allow my colleagues to also comment.

There is an amendment of Section 11, where it says that when it comes to the attention of the Cabinet Secretary, in accordance with Subsection (6), it must be gazetted within seven days through the Kenya Gazette. How many Kenyans can access the Kenya Gazette? I visited the Government Printer and it does not look good. I hope in the budget, they can allocate more funds to ensure the efficiency of the Kenya Gazette because you and I, Mr. Speaker, Sir, apart from being keen sometimes, you might not see some of these regulations. The Constitution provides that after adequate public participation, we must ensure that all Kenyans have access, that there is a nullity to submit notice to Parliament on publication and even put it in Parliament’s website. The drafters of this amendment know that Parliament is mostly watched, is mostly looked at and is most assessed. If there is any institution in this country that is properly assessed, it is Parliament. Therefore, in this proposal, it should be in the Parliament’s website that the statutory instrument is a nullity because there exists bad manners with some of the civil servants in this country.

I know in law they say la ignorancia en su máxima where ignorance of the law is no excuse. Some of the overzealous civil servants and the corrupt who are a few in the civil service, can take advantage and use expired rules and regulations against wananchi. I, therefore, appeal that in the interest of the country, we must ensure that in the Parliament website, the statutory instrument is a nullity. We owe that to the country and I have said that as a Parliament, we interact with our people on a daily basis. I wish that even in our meetings, our political rallies and engagements, we could take the time to be fair. I listen to our colleagues explaining that we have approved more money to counties, yet, it is our obligation as Members of Parliament.

Mr. Speaker, Sir, there is the report on resolution. Parliament shall stand on that nullity. We have had cases when expiry of rules and regulations has been done. It has a nullity. It is null and void. This annulment must be published in public and I have given the reason as to why. Therefore, I will convey to the House the regulatory making authority.

So, we must be notified that Parliament has annulled regulations and rules under the Statutory Amendment Act. This is a good proposal which Sen. Mungatana and colleagues in the Committee on Delegated Legislation must and should look into. Even Members of Parliament should be aware that there are many regulations that are usually passed without the notice of Parliament. That is why I was raising the issue of the

Ministry when we are on recess. Through your Solomonic guidance and support, you have been able to allow committees to function automatically.

With those many remarks, allow me to second this Bill.

Thank you, Mr. Speaker, Sir, for this opportunity to make my remarks on the Statutory Instruments (Amendment) Bill, 2024.

As has been explained by the Majority Leader, these proposed amendments are supposed to clean up the existing Statutory Instruments Act, so that a number of provisions in that law are aligned with the Constitution of Kenya. They should also provide a framework for better application of the provisions in the current Act.

From the onset, I want to agree with Members who have spoken earlier that the power to make laws is the responsibility of Parliament. It is not the responsibility of any other person or body. That clarity is very important. This is because we have seen so many instances where you see people coming up with regulations and rules, which they start implementing without the input of this House.

Just about two weeks ago, in my own county, the police, the Officer Commanding Police Division (OCPD) and the county commander came up with some regulations to stop processions. In my county, when the boda boda youth lose one of their own, they mourn them in a very celebratory manner. They will hold processions on the road and carry the body and celebrate. The police have stopped that. They are arresting the youth for participating in that yet, those rules or regulations have not been processed by this House.

We have a lot of such incidences happening all over the country. Government officers have made themselves small parliaments, where they make regulations and rules and they do not refer to this House. I think it is time we enforce the provisions of the Statutory Instruments Act, so that it is only this House that has the powers to make law. Any other person who has the responsibility to come up with delegated law has to be approved by this House.

We have seen many cases, even within our Ministries, where Cabinet Secretaries have come up with regulations, which are not approved by this House. I think the Committee on Delegated Legislation should identify such regulations and annul them because this law is very clear on the process of how to handle delegated legislation.

I also want to agree with Sen. Cherarkey that there should not be any situation that calls for automatic renewal of regulations. When regulations expire and need to be renewed, they have to come to this House for input before they become law because scenarios and conditions change. I support these amendments.

Sen. Olekina, kindly take your seat.

The Floor is now open for debate.

Thank you, Mr. Speaker, Sir, for this opportunity to make my remarks on the Statutory Instruments (Amendment) Bill, 2024.

As has been explained by the Majority Leader, these proposed amendments are supposed to clean up the existing Statutory Instruments Act, so that a number of provisions in that law are aligned with the Constitution of Kenya. They should also provide a framework for better application of the provisions in the current Act.

From the onset, I want to agree with Members who have spoken earlier that the power to make laws is the responsibility of Parliament. It is not the responsibility of any other person or body. That clarity is very important. This is because we have seen so many instances where you see people coming up with regulations and rules, which they start implementing without the input of this House.

Just about two weeks ago, in my own county, the police, the Officer Commanding Police Division (OCPD) and the county commander came up with some regulations to stop processions. In my county, when the boda boda youth lose one of their own, they mourn them in a very celebratory manner. They will hold processions on the road and carry the body and celebrate. The police have stopped that. They are arresting the youth for participating in that yet, those rules or regulations have not been processed by this House.

We have a lot of such incidences happening all over the country. Government officers have made themselves small parliaments, where they make regulations and rules and they do not refer to this House. I think it is time we enforce the provisions of the Statutory Instruments Act, so that it is only this House that has the powers to make law. Any other person who has the responsibility to come up with delegated law has to be approved by this House.

We have seen many cases, even within our Ministries, where Cabinet Secretaries have come up with regulations, which are not approved by this House. I think the Committee on Delegated Legislation should identify such regulations and annul them because this law is very clear on the process of how to handle delegated legislation.

I also want to agree with Sen. Cherarkey that there should not be any situation that calls for automatic renewal of regulations. When regulations expire and need to be renewed, they have to come to this House for input before they become law because scenarios and conditions change. I support these amendments.

Just a minute Sen. Osotsi. Sen. Cherarkey: Mr. Deputy Speaker, Sir, in the first instance, there is no frivolous point of order in this House under Standing Order No.98. I think he might not understand since he was in the Lower House.

Secondly; under Standing Order No.105---

Mr. Deputy Speaker, Sir, I tried to raise a point of order when he was speaking and I was not given a chance. He should allow me to finish my statement before he brings his frivolous point of orders.

The Deputy Speaker is a respected Njuri Njeke Elder. He is beyond Parliament, he is on another level; he talks with the higher beings.

Under Standing Order No.105, is it in order for the distinguished Senator for Vihiga County and one of the removed Orange Democratic Movement (ODM) deputy party leaders to allege in the House that the biosecurity agreement that was signed in 2015 should have been brought in the House yet, that biosecurity agreement that was signed between Kenya and America was done under President Uhuru Kenyatta? Is it in order to allege that it was done the other day?

Could he table evidence of such or he withdraws and apologises because the biosecurity agreement is guarded under Article 2(6) of the Constitution? When international treaties and other instruments are signed, they become part of the law. Is he aware? I am worried that if he is not aware, he might mislead the public when he appears in other Linda Mwananchi rallies.

What is your point of order?

Mr. Deputy Speaker, Sir, in the first instance, there is no frivolous point of order in this House under Standing Order No.98. I think he might not understand since he was in the Lower House. Secondly; under Standing Order No.105---

The Deputy Speaker is a respected Njuri Njeke Elder. He is beyond Parliament, he is on another level; he talks with the higher beings.

Under Standing Order No.105, is it in order for the distinguished Senator for Vihiga County and one of the removed Orange Democratic Movement (ODM) deputy party leaders to allege in the House that the biosecurity agreement that was signed in 2015 should have been brought in the House yet, that biosecurity agreement that was signed between Kenya and America was done under President Uhuru Kenyatta? Is it in order to allege that it was done the other day?

Could he table evidence of such or he withdraws and apologises because the biosecurity agreement is guarded under Article 2(6) of the Constitution? When international treaties and other instruments are signed, they become part of the law. Is he aware? I am worried that if he is not aware, he might mislead the public when he appears in other Linda Mwananchi rallies.

What is your point of order?

My only concern is whether it is in order for him to mislead the House that the biosecurity agreement was signed the other day? It was signed in 2015. Could he look for President Uhuru Kenyatta to raise that document?

Sen. Osotsi, you have heard his point of order, please, clarify.

Mr. Deputy Speaker, Sir, Government is a going concern. I did not specifically refer to the Kenya-Kwanza Government. I said “government”. Number two; we are specifically referring to the Ebola isolation centre issue. When you talk about by safety, there are many aspects of it in that agreement. Could you refer to that specific Ebola isolation centre? Is there a specific agreement that was passed by this House?

Mr. Deputy Speaker, Sir, if you allow Sen. Cherarkey---

Sen. Osotsi, why are you addressing Sen. Cherarkey?

No, I just want to bring to your attention that sometimes, you should not allow him to bring frivolous point of orders because Sen. Cherarkey is a chief government propagandist. He comes to speak propaganda on the Floor of the House and you allow him. Allow me to finish my presentation.

House. Could you also refrain from doing that? I do not think it is good for you or your colleague to use unpalatable language.

Sen. Osotsi, conclude.

Thank you, Mr. Deputy Speaker, Sir---

You are a good debater, but today, Sen. Cherarkey has diverted your mind. Focus and make your point.

House. Could you also refrain from doing that? I do not think it is good for you or your colleague to use unpalatable language.

Sen. Osotsi, conclude.

Thank you, Mr. Deputy Speaker, Sir---

You are a good debater, but today, Sen. Cherarkey has diverted your mind. Focus and make your point.

Senate and from the National Assembly. I am even surprised that this Bill is emanating from the National Assembly. How can you take away the power that was given to you by the Constitution and by the people of Kenya, that you will be the only person to make laws and then you donate this power and say it is permanent to the Cabinet Secretary who is proposing a regulation or a rule?

Maybe I want to give a background. In the Senate Committee on Delegated Legislation, the then Attorney General, Hon. J.B. Muturi, sent one of his officers and he sought to extend about 10,000 regulations which had already lapsed after the mandatory statutory period of 10 years. So---

On a point of information, Mr. Deputy Speaker, Sir.

Mr. Deputy Speaker, Sir, yes, I will yield because he is a Member of the committee.

Senate and from the National Assembly. I am even surprised that this Bill is emanating from the National Assembly. How can you take away the power that was given to you by the Constitution and by the people of Kenya, that you will be the only person to make laws and then you donate this power and say it is permanent to the Cabinet Secretary who is proposing a regulation or a rule?

Maybe I want to give a background. In the Senate Committee on Delegated Legislation, the then Attorney General, Hon. J.B. Muturi, sent one of his officers and he sought to extend about 10,000 regulations which had already lapsed after the mandatory statutory period of 10 years. So---

On a point of information, Mr. Deputy Speaker, Sir.

Mr. Deputy Speaker, Sir, yes, I will yield because he is a Member of the committee.

Mr. Deputy Speaker, Sir, the number of regulations was 1,764 or 1,735, not 10,000. There were 1,760 or thereabouts, but not 10,000.

On a point of information, Mr. Deputy Speaker, Sir.

Yes, you can also inform. Also if Sen. Mungatana ---

keep up with even the current state of technology. How can a Cabinet Secretary just say that the regulation he set up 10 years ago should automatically start again?

Mr. Deputy Speaker, Sir, this automatic renewal is what we are against and we are urging this Senate to reject this proposed amendment. We must stand firm. We must not yield this power and I will give you a reason. We go through a very long process in this House to make a law. We go through the First Reading, Second Reading and we debate to persuade each other in the Second Reading Stage. Then we go to the Committee of the Whole Stage. In committee, we also debate those amendments. We approve or refuse those amendments. Then we go to the Third Reading, where there is also another opportunity to debate.

After that, the process takes us to the National Assembly and the National Assembly goes through the same process before it goes to the President. Can you imagine a situation where we now create space for the Cabinet Secretary to make regulations? The Cabinet Secretary comes with these regulations before our committee. When they come before the Senate committee, they have not followed the steps. They have not followed public participation. They have not advertised in the newspapers. Some of those regulations have not even complied with the provisions of the Constitution.

So, we look at those regulations and we tell them, look, in the parent Act that gave you this power, you are supposed to follow these steps. Some of the cabinet secretaries are notorious. They just do not follow the law as it is required. Therefore, we send them back, we tell them we cannot approve this. Some of them are very good. I do not want to mention names here, but some cabinet secretaries who have been members of this House, whenever they appear before the Senate Committee on Delegated Legislation, they have performed, but some of them are not performing.

Imagine this situation, these people who have been given this authority by this House are not following what is required. Then the same people, maybe that regulation was passed because maybe the committee at that time was not keen enough, 10 years ago, two parliaments away, two Senates away. Now, the same regulation automatically becomes renewed. That is not acceptable.

So, I am urging the House to totally reject this amendment that is proposed here under Clause 8. I am urging colleagues to refuse completely. Let us be keen because I have already seen here that the Majority Leader has written proposed amendments at the committee stage. Those amendments will have the effect of giving Clause 8 power. It will give it effect. So let us be vigilant. When we come to Committee of the Whole, let us reject these amendments.

In fact, let us file our own amendments to those amendments, deleting those proposed amendments. We must reject because we cannot give this power to a regulation making authority. Why? Some of the regulations are very punitive. Our people are being told to pay some charges, for example, you want to extract water, you pay this amount. So, imagine if after 10 years, without justification, those regulations are renewed.

I am only debating this clause and I am saying again and again, it must sink in the Senate; those who are following online and those who are in the House, that we must reject Clause 8 and we must file amendments to the proposed amendments that will give effect to Clause 8 of this Bill. We must unite for the sake of our people because this one

So, which is which? You may proceed, Sen. (Dr.) Mungatana.

Mr. Deputy Sir, either way, they were about 1,000. In my mind, they were about 10,000, but we were sitting in that committee, and the Attorney General wanted over 1,000 regulations to be extended from different ministries.

If you look at how this works, those Cabinet Secretaries did not come before the Senate Committee on Delegated Legislation to ask for the extension. Those Cabinet Secretaries did not come to give justifications for why they want those regulations that are 10 years old to be extended. Those Cabinet Secretaries were hiding behind the Attorney General and saying that because the Attorney General is the lawyer for the government, he can represent us.

We took a very firm stand as the Senate Committee on Delegated Legislation that the Attorney General cannot purport to come and seek an extension for over 1,000 regulations without the regulation-making authority itself presenting itself before the committee and justify why they needed those extensions. We rejected. So, what did they do? They went back. The Attorney General of Kenya went back because it is an office that is in succession. The current Attorney General now thinks that the only way to deal with this problem, instead of the Cabinet Secretaries presenting themselves before the committee of the Senate, is to make the extension automatic because we rejected it at that time.

If our colleagues in this Senate can see what we are seeing, some of these regulations were very oppressive. Some of these regulations were outdated. They cannot

keep up with even the current state of technology. How can a Cabinet Secretary just say that the regulation he set up 10 years ago should automatically start again?

Mr. Deputy Speaker, Sir, this automatic renewal is what we are against and we are urging this Senate to reject this proposed amendment. We must stand firm. We must not yield this power and I will give you a reason. We go through a very long process in this House to make a law. We go through the First Reading, Second Reading and we debate to persuade each other in the Second Reading Stage. Then we go to the Committee of the Whole Stage. In committee, we also debate those amendments. We approve or refuse those amendments. Then we go to the Third Reading, where there is also another opportunity to debate.

After that, the process takes us to the National Assembly and the National Assembly goes through the same process before it goes to the President. Can you imagine a situation where we now create space for the Cabinet Secretary to make regulations? The Cabinet Secretary comes with these regulations before our committee. When they come before the Senate committee, they have not followed the steps. They have not followed public participation. They have not advertised in the newspapers. Some of those regulations have not even complied with the provisions of the Constitution.

So, we look at those regulations and we tell them, look, in the parent Act that gave you this power, you are supposed to follow these steps. Some of the cabinet secretaries are notorious. They just do not follow the law as it is required. Therefore, we send them back, we tell them we cannot approve this. Some of them are very good. I do not want to mention names here, but some cabinet secretaries who have been members of this House, whenever they appear before the Senate Committee on Delegated Legislation, they have performed, but some of them are not performing.

Imagine this situation, these people who have been given this authority by this House are not following what is required. Then the same people, maybe that regulation was passed because maybe the committee at that time was not keen enough, 10 years ago, two parliaments away, two Senates away. Now, the same regulation automatically becomes renewed. That is not acceptable.

So, I am urging the House to totally reject this amendment that is proposed here under Clause 8. I am urging colleagues to refuse completely. Let us be keen because I have already seen here that the Majority Leader has written proposed amendments at the committee stage. Those amendments will have the effect of giving Clause 8 power. It will give it effect. So let us be vigilant. When we come to Committee of the Whole, let us reject these amendments.

In fact, let us file our own amendments to those amendments, deleting those proposed amendments. We must reject because we cannot give this power to a regulation making authority. Why? Some of the regulations are very punitive. Our people are being told to pay some charges, for example, you want to extract water, you pay this amount. So, imagine if after 10 years, without justification, those regulations are renewed.

I am only debating this clause and I am saying again and again, it must sink in the Senate; those who are following online and those who are in the House, that we must reject Clause 8 and we must file amendments to the proposed amendments that will give effect to Clause 8 of this Bill. We must unite for the sake of our people because this one

Sen. Faki.

Asante Mheshimiwa Spika, kwa kunipa fursa hii.

in this Senate and pass a law which is going to see Kenyans taxed more than they are being taxed today.

I thank you, Mr. Deputy Speaker, Sir. I reject.

Sen. Faki.

Asante Mheshimiwa Spika, kwa kunipa fursa hii.

Asante, Mheshimiwa Naibu Spika, kwa kunipa fursa hii kuchangia Mswada wa marekebisho ya sheria ya kanuni za kisheria, yaani, statutory instruments. Kwanza kabisa, najiunga na Maseneta wenzangu ambao wamechangia Mswada huu hapo awali.

Pili, sina pingamizi za kimsingi kwa kifungu cha kwanza, cha pili, cha nne na cha tano. Nina pingamizi sana kwa kifungu cha nane ambacho kinaipa wizara ama shirika linalotengeneza kanuni hizi kuendelea baada ya miaka 10, kinyume na sheria iliyopo sasa. Kanuni zile zinafaa kuisha baada ya miaka 10.

Lengo na madhumuni ya kanuni ni kusaidia kuendeleza sheria. Sehemu zingine zinaitwa, “sheria endelevu”, kwa sababu zinatumika kutia nguvu sheria zinazopitishwa na Bunge. Sheria hizi mara nyingi zinatengenezwa na wizara ama shirika linalohusika na taasisi ama huduma fulani kama huduma za maji, afya na kadhalika. Kwa vile Bunge halina wakati wa kuangalia mambo madogo madogo, wizara au shirika huachiwa jukumu la kutengeneza kanuni ambazo huletwa hapa bungeni baadaye kuthibitishwa.

Katika kudhibitisha kanuni hizi, tunakagua mambo kadhaa. Kwanza tunaangalia, je, zinakinzana na Katiba ama sheria iliyoziunda? Je, wamehusisha umma, yaani, public participation? Je, sheria hizi zinakinzana na haki za binadamu na sheria zingine? Tukichunguza vitu hivyo vyote na kuhakikisha kwamba sheria zile ziko sawa, ndipo tunapopitisha sheria zile na zinatumika kwa mda wa miaka kumi.

Hii haifanyiki Kenya pekee. Nchi zingine kama Uingereza na Australia ambazo tumekopa sheria nyingi kwao pia zina maisha ya miaka 10. Baada ya miaka 10, sheria inakufa na kuna fursa ya wizara ama shirika kuomba kuongezewa mwaka mmoja ili wajipange kutengeneza sheria mpya.

Hii ni muhimu kwa sababu inatoa fursa kwa wizara kuziangalia sheria upya baada ya miaka kumi. Hili ni jambo nzuri kuwepo katika sheria hii, lakini linataka kuondolewa ili sheria zile zitumike miaka nenda, miaka rudi, bila ya kuwa na nafasi yoyote ya kuziangalia upya. Kwa mfano, mwaka 2023 kama alivyosema Sen. Mungatana, Mkuu wa Sheria aliandika barua kutaka kuzifufua sheria 1,760. Baadhi ya sheria hizi zinahusiana na mambo ambayo hayamo tena katika nchi yetu. Kwa mfano, kuna moja inayo unganisha benki mbili; enki ya Greenrise International na benki nyengine.

Sheria kama hizo zilikuwa zimetumiwa na wakati wake umeisha kwa hiyo hakuna haja ya kuzirejesha. Lakini kwa sababu kulikuwa na utepetevu katika ofisi ya mkuu wa sheria, hawakuweza kuziangalia kwa undani. Walitaka sheria zote ziekwe kwa basi moja na kupitishwa bila ya kufuata kanuni.

Kwa hivyo, marekebisho ya kutaka kuondoa hili pendekezo la muda wa miaka 10 yatakuwa yamerejesha Seneti mambo mengi. Hii inamaanisha sheria zote 1,760 tulizozikataa zitarejea tena na kuwa sheria katika nchi yetu. Sheria nyingine zilifanywa kabla ya ugatuzi. Sheria ya Statutory Instruments Act ilipitishwa 2013. Hii inamaanisha sheria zote zilizopitishwa nyuma ya sheria hii zitapata uhai mpya na kuweza kutumika.

Baadhi ya mambo tuliyoshuhudia ni kwamba ijapokuwa kuna huduma zimegatuliwa, baadhi ya wizara hupuuza Bunge hili katika kuleta kanuni bungeni. Hivi majuzi, tumeona baadhi ya sheria zilizopitishwa katika wizara ya uchukuzi hazijafikishwa Seneti. Sheria zingine za mambo ya ardhi pia hazijafikishwa Seneti.

Thank you very much, Mr. Deputy Speaker, Sir. From the onset, I have captured quite a number of presentations made by members of this House, especially members of the Committee on Delegated Legislation. We have had a very rough time, especially in this committee, where I remember in one particular case, we received some regulations which were effected way back in 1968 on the National Construction Authority (NCA) . Those regulations came to this Committee almost 50 years later, around 2024. One would imagine the number of changes that have taken place, yet quite a number of agencies do not adhere to the provisions, including those on disability, firefighting equipment, fire exits and others. Many changes have been effected since 1963.

I oppose this arrangement, especially Clause 8, which Sen. Mungatana has strongly prosecuted. It proposes to expunge the provision requiring regulations to expire after 10 years. This would be detrimental because within 10 years, we expect many changes, especially on regulations touching on taxation and other issues on statutory instruments.

We have seen cases where regulatory bodies in ministries, departments and counties make their own regulations without adhering to checklists. These include regulations on public participation and impact assessments. We have even questioned the new arrangement where entities go through My Gov, a Kenyan Gazzette that is not widely circulated.

Some ministries do publications without engaging committees, making it difficult to engage those bodies. When we travel domestically to counties, we educate Members of County Assemblies (MCAs) on how to check regulations that do not adhere to the parent Act. This would be detrimental to the House. Regulatory registration means we donate powers to regulation-making authorities; the ministries, departments and even the counties.

I urge the House to ensure that this clause is deleted. Otherwise, ministries could bring regulations that remain for more than 10 or even 20 years, which is such a long time. That is why we have the provision to donate these powers to ministries, departments and even counties, through county assemblies. We cannot allow regulations to exist for such periods without review. That is why we have the provision requiring regulations to expire after 10 years, so they return to the House for moderation and ensure they align with the parent Acts.

Hon. Deputy Speaker, I support this arrangement. However, we must allow the expiry provision of 10 years to be considered. I support.

Sen. Faki.

Mr. Deputy Speaker, Sir, I rise to comment on the Statutory Instruments (Amendment) Bill. It is just that Members of the committee are the ones who have contributed to it largely. They would have also benefited from views of those who do not sit there on a regular basis.

The role of Parliament is clearly defined in the Constitution. The Constitution says in Article 94 (5) that-

“No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.”

The primary body to which legislation and law-making has been delegated by the people is Parliament. Over the years, and this is a problem that applies across the Commonwealth, a lot parliaments have become lazy and opted for skeleton legislation. To fill the gaps, they have resorted to subsidiary legislation or statutory instruments.

Statutory instruments have a place in terms of efficiency and providing further details on matters that cannot be captured in the Constitution and statutes, but over the years, it has been abused. That problem is in Kenya and many parliaments across the Commonwealth.

Ultimately, Article 94 (5) vests that responsibility to Parliament and not the Executive. We have created a system where most of the times Parliament legislates only one-third and the other two-thirds is done by the Executive through statutory instruments.

Mr. Deputy Speaker, Sir, I share the concern raised by the Chairperson and other Members of the Committee on Delegated Legislation with regards to statutory

instruments that were in operation on or before 21st January, 2024. I find this to be a curious way of legislating, that we are amending Section 27 of the Statutory Instruments Act to say that any statutory instrument that was in operation on or before 21st January, 2024, shall continue to operate and to have effect as if the instruments had not been automatically revoked on that date.

The instruments that were in operation on or before 21st January, 2024, perhaps could have been 10 years old as compared to the Constitution that we currently have. There should not be any difficulty for the Executive to re-subject those statutory instruments to public participation and Parliament and get parliamentary approval for them to continue being in force.

Mr. Deputy Speaker, Sir, not too long ago, we had a meeting with the Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs. I believe you must have chaired that meeting where Madam Aurelia Rono, who is the Principal Secretary (PS) in the Office of the Prime Cabinet Secretary, appeared before the Liaison Committee. I am convinced that the Executive has the capacity to re-subject all these statutory instruments to public participation and adhere to the provisions of the Statutory Instruments Act. Therefore, I join my colleagues in saying that amendment of Section 27 is mischievous and this House must vote against it.

If we wanted to do a proper amendment to the Statutory Instruments Act, there are a few issues that have been of concern over the years which must be dealt with. I can see that this particular amendment was to deal with that Section 27, so as to allow the Attorney-General and the Executive to have a free ride. There are a few things I would have wanted that we look at when it comes to statutory instruments and amendment of this particular Act. Firstly, if law-making is the exclusive domain of the Legislature or Parliament and if statutory instruments still form part of our laws and regulations, should Parliament concern itself with substance or form when considering statutory instruments?

Right now, the Statutory Instruments Act requires of Parliament that when a statutory instrument is laid on the Table, the relevant committee shall consider it and only bring back a report if it wants that statutory instrument annulled. It does not have to report back on its approval or observations. In fact, sometimes committees do nothing. I am not talking about this particular committee because it has been industrious.

We have seen delegated legislation committees that decide to do nothing on statutory instruments that are presented to them, then they become law after 28 days because that is the provision. There is an automatic effectiveness after 28 days if the committee does nothing.

At the tail end of the last Parliament, regulations on the Equalisation Fund were brought to this House. Every Member who debated on the Floor of this House agreed that they were bad. The problem was that those regulations had been pending for a very long time and counties that had been marginalised for a long time felt that the Senate was holding on to money that should have gone to them.

I wish Sen. Faki was here because he was then the Chairperson of the Committee on Delegated Legislation. A promise was conveyed to this House from the National Treasury that we pass those regulations to allow money to trickle to the counties. They gave an undertaking that they would bring amendments to the regulations, but we refused

Next is Sen. M. Kajwang’.

Mr. Deputy Speaker, Sir, I rise to comment on the Statutory Instruments (Amendment) Bill. It is just that Members of the committee are the ones who have contributed to it largely. They would have also benefited from views of those who do not sit there on a regular basis.

The role of Parliament is clearly defined in the Constitution. The Constitution says in Article 94 (5) that-

“No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.”

The primary body to which legislation and law-making has been delegated by the people is Parliament. Over the years, and this is a problem that applies across the Commonwealth, a lot parliaments have become lazy and opted for skeleton legislation. To fill the gaps, they have resorted to subsidiary legislation or statutory instruments.

Statutory instruments have a place in terms of efficiency and providing further details on matters that cannot be captured in the Constitution and statutes, but over the years, it has been abused. That problem is in Kenya and many parliaments across the Commonwealth.

Ultimately, Article 94 (5) vests that responsibility to Parliament and not the Executive. We have created a system where most of the times Parliament legislates only one-third and the other two-thirds is done by the Executive through statutory instruments.

Mr. Deputy Speaker, Sir, I share the concern raised by the Chairperson and other Members of the Committee on Delegated Legislation with regards to statutory

instruments that were in operation on or before 21st January, 2024. I find this to be a curious way of legislating, that we are amending Section 27 of the Statutory Instruments Act to say that any statutory instrument that was in operation on or before 21st January, 2024, shall continue to operate and to have effect as if the instruments had not been automatically revoked on that date.

The instruments that were in operation on or before 21st January, 2024, perhaps could have been 10 years old as compared to the Constitution that we currently have. There should not be any difficulty for the Executive to re-subject those statutory instruments to public participation and Parliament and get parliamentary approval for them to continue being in force.

Mr. Deputy Speaker, Sir, not too long ago, we had a meeting with the Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs. I believe you must have chaired that meeting where Madam Aurelia Rono, who is the Principal Secretary (PS) in the Office of the Prime Cabinet Secretary, appeared before the Liaison Committee. I am convinced that the Executive has the capacity to re-subject all these statutory instruments to public participation and adhere to the provisions of the Statutory Instruments Act. Therefore, I join my colleagues in saying that amendment of Section 27 is mischievous and this House must vote against it.

If we wanted to do a proper amendment to the Statutory Instruments Act, there are a few issues that have been of concern over the years which must be dealt with. I can see that this particular amendment was to deal with that Section 27, so as to allow the Attorney-General and the Executive to have a free ride. There are a few things I would have wanted that we look at when it comes to statutory instruments and amendment of this particular Act. Firstly, if law-making is the exclusive domain of the Legislature or Parliament and if statutory instruments still form part of our laws and regulations, should Parliament concern itself with substance or form when considering statutory instruments?

Right now, the Statutory Instruments Act requires of Parliament that when a statutory instrument is laid on the Table, the relevant committee shall consider it and only bring back a report if it wants that statutory instrument annulled. It does not have to report back on its approval or observations. In fact, sometimes committees do nothing. I am not talking about this particular committee because it has been industrious.

We have seen delegated legislation committees that decide to do nothing on statutory instruments that are presented to them, then they become law after 28 days because that is the provision. There is an automatic effectiveness after 28 days if the committee does nothing.

At the tail end of the last Parliament, regulations on the Equalisation Fund were brought to this House. Every Member who debated on the Floor of this House agreed that they were bad. The problem was that those regulations had been pending for a very long time and counties that had been marginalised for a long time felt that the Senate was holding on to money that should have gone to them.

I wish Sen. Faki was here because he was then the Chairperson of the Committee on Delegated Legislation. A promise was conveyed to this House from the National Treasury that we pass those regulations to allow money to trickle to the counties. They gave an undertaking that they would bring amendments to the regulations, but we refused

to cede to that request. What happened is that the committee failed to report back to the House. Therefore, the regulations took effect automatically.

Could the Committee on Delegated Legislation scrutinise the substance of regulations? Right now, what the Committee on Delegated Legislation is required to do is to look at the regulations to confirm whether it is in accordance with the Constitution of Kenya; whether it infringes on the rights of freedoms of citizens; whether it infringes on the rule of law; whether the matters there cannot be better taken care of by statutes and that it is not to impose taxation but it does not go into minute details.

The other day, I saw it published in the newspapers draft regulations to do with renewable energy particularly on solar water heating systems. The proposal was that in every plan approval across the country, there must be provision for a solar water heating facility or solution.

As good as that is, in Nairobi in this month of June, when it is extremely cold, it might not be practical in Mombasa, Turkana and certain parts of Nyanza. So, if you get regulations of that nature, that make it mandatory to have a solar water heating solution in every corner of the country, you are opening the door for rent-seeking. Someone will come to your little shack in the village and tell you that we shall not approve until we see solar water heating in it.

If such regulations came to the House, are the hands of Parliament bound that they cannot get into the substance? If public participation was done, and if it ticked all the other boxes, can Parliament say that this is an impractical regulation? I would like that if we want to give good effect to the Statutory Instruments Act, we look at that aspect.

Secondly is on the issue of mediation. We have situations where the National Assembly has considered regulations concurrently with the Senate, and arrived at different results. That came out clearly in the first, in the 11th Parliament. The then- Senator for Meru County, Sen. Kiraitu Murungi, proposed some amendments to the Parliamentary Service Commission Act. In those amendments, he proposed that the Commission could set up a sub-committee to look at the affairs of the Senate, because the Act was written with a unicameral Parliament in mind.

Mr. Deputy Speaker, Sir, many of us supported the amendment, and we thought that it was a good idea, so that there is focus. We were not splitting the Commission, we were just bringing focus on matters to do with the Senate, so that there is also focus on matters to do with the National Assembly. Afterwards, we were required to come up with regulations to give effect to the thinking, and to give effect to some of the things that nowadays we enjoy, like the oversight funds.

We were taken round and round in circles. We came up with draft regulations, the other House rejected those regulations, and that was the end of it. We do not have a procedure for mediation when the two Houses fail to agree. That, in my view, should have been the urgency that the Hon. Kimani Ichung’wa, who is the promoter of this Bill from the National Assembly, should have looked at.

We had put in law the issue of expiry of Statutory Instruments that they shall expire in 10 years. I agree with my colleagues who say that we will not support that inclusion of the amendment of Section 27 that wants to revive, exhume and bring back to life regulations that expired on the 24th of January, 2024.

The other one is on the date on which statutory instruments take effect. There are certain statutory instruments that have been crafted in such a way that the effective date is clear. However, there are those that require publication in the Gazette for them to take effect. Sometimes you find very funny games being played at the government publisher that it takes forever for regulations to be published in the Gazette, and therefore even when people have gone through all the processes, those regulations cannot be effected. One of the cases that we have had in the past was the Public Benefit Organizations Regulations, 2025. They took forever for them to be published, and it threw that sector in a limbo.

Mr. Deputy Speaker, Sir, can Parliament consider having the power to review or nullify regulations suo moto without being prompted or even on the basis of a petition? Regulations originate from the Executive. They are drafted by the Executive, and once we approve them, they take effect. What is the process of annulling a regulation that perhaps was approved by Parliament, but which has turned out to be a national pain, impractical and inconsistent with the policy and the aspirations of the people? Can we grant ourselves that power? Yes, we have the power to amend legislation. We have the power to amend statute. Do we have the power to propose an amendment to a regulation once it is in force? Perhaps Sen. Mungatana will educate us on that. However, it is extremely dangerous. If Parliament has the power to amend the parent Act, but then the regulations that give effect to it, then it seems to be something that we cannot touch unless it originates from the Executive. Those are some of the things that we need to look at to amend in the Statutory Instruments Act.

Mr. Deputy Speaker, Sir, we must address the failure to bring regulations. In the climate change space, we came up with the Climate Change Act. We established a Climate Change Fund way back in 2016. To date, the Climate Change Fund has not been established. Why? Because the regulations have never been brought to Parliament, and that is 10 years. No one wants to do it because they want the money to remain in the parent ministry, because they know that the minute you establish a Fund, it is ring-fenced and there is greater scrutiny.

Mr. Deputy Speaker, Sir, as someone within that space, it would be my desire for us to push for the actualisation of the Climate Change Fund. There is a lot of money this country is committing to climate change adaptation and mitigation, and that is why we are a leader in Africa. Whenever we go for those meetings out there, Kenya has a lot of case studies and good examples. If you look at Financing Locally-Led Climate Action (FLLoCA), it is a model that is being studied by many other countries. If you look at our 47 counties, each county has got a Climate Change Fund. Each county has a climate change fund regulation, but we have failed to come up with a national climate change fund regulation. As a result, some of the climate change money is at the National Treasury, some in the relevant ministry, and some of it is in the Presidency. It is scattered all over the place.

I believe that if we were able to consolidate and provide good clarity, it would even be possible that out of this Climate Change Fund, we can come up with a green bank, which can be the prime sponsor or financier of climate adaptation and climate mitigation efforts in this country. However, what do we do with the Cabinet Secretaries

Mr. Deputy Speaker, Sir, the level of Njuri Ncheke that I have been introduced to, with your wisdom, anytime I come to your office, the generosity to take tea, is the level of Njuri Ncheke in terms of wisdom, not age. I have drunk a lot from your wisdom, time without number. Perhaps the guests should know that I have been involved in the cases of Meru the entire time I have been in this Parliament.

When Meru was facing a lot of tides, I entered this Parliament and this House to be particular, and in the first impeachment of the Governor of Meru, it is you, Mr. Deputy Speaker, who made sure that the wise people could be put in that committee, and I think we did a fantastic job.

Honourable Senators, before we proceed with other Senators wishing to contribute, allow me to make this communication.

Mr. Deputy Speaker, Sir, I rise to make a brief comment on the Statutory Instruments (Amendment Bill) (National Assembly Bill No.3 of 2024) .

My colleagues have already highlighted the dangers of allowing the Executive to control legislation. Parliament has been given the power of the purse. When it comes to the issue of the power of the purse, Parliament is the one that drafts legislation. In fact, in this Senate, we pronounce ourselves through Motions and Bills. We are also guided by the Constitution, that is set there to be able to provide a neater way of ensuring equity.

There are so many things that we talked about grandfathering of provisions that existed in the past. One of the things that I have looked at in this Bill is that the draft of the Bill introduces discipline and makes sure that there are timelines, deadlines of the regulatory making body to be able to set up those regulations, but mischievously now introduces Section 27.

When I was consulting with my colleagues, particularly those who are in the National Assembly, they made me aware of this mischief, which really does not help us in any way, because the needs of Kenya in 2013 were completely different from the needs of Kenya today.

Today, we have Mr. Gen Zs, whose needs are completely different. We have the Gen Alphas, whose language some of us may not even understand. It is imperative, and I think the framers of the Constitution, if you look at Article 94, were quite clear in terms of trying to accommodate the change that will come in future.

When the National Assembly introduces this section, which I am going to read for people to be able to understand and to demystify further, to say that-

“Section 27 of the principal Act is amended by inserting the following new subsection immediately after subsection 2.

“Any statutory instrument that was in operation and that would have otherwise stand automatically revoked on any day before the commencement of this provision shall continue to operate and have effect as if the instrument had not been automatically revoked on the date.”

That is the issue of contention. Why do you set a sunset clause? I want to demystify further to go to the Constitution. When it comes to the issue of the Equalisation Fund, there is a sunset clause which had already been put there of 10 years or something like that.

If we now go back and do that, we have to amend the Constitution to check how the people who live in Narok are. Have they been able to have some form of equity with the people who live in Meru? Things are different. So, I think for neatness sake, discipline is welcome. It is important to make sure that the Bill, whenever there is any delay on implementing any laws that are passed Parliament, is made aware.

There are consequences because you are told that you must set up regulations. There is nothing wrong with rigidity and accountability. Laws must be rigid for us to have some form of development. However, when we continue with the laws or regulations that were pre the new Constitution that lapsed, that is a shortcut. Bring them back to Parliament. Let us have a conversation and subject them to public participation. Where we see that the needs have already changed in terms of those regulations, we adopt the current changes.

If you look at what is happening now, a good example with the laws on motor vehicles, there are clear regulations which are being introduced by the National Transport and Safety Authority (NTSA). They state that everyone who drives a car will now be required to have an inspection sticker annually. That is something completely different and new. We are copying other nations. There is also an economic aspect in it. There is an economic cycle which is being introduced. One, that says private entities can have inspection centres. It is either you share the cake or you make it easy for everyone to access it. What we were yesterday is not what we are today. Our circumstances of yesteryears are different from that of today. So, I think this clause is mischievous.

It is important that all of us are aware that these regulations will determine how investments come into this country. If there are particular or certain regulations, for example, with the Central Bank of Kenya (CBK), or by different pieces of laws that

Thank you, for the kind words. I think you are the best choice for that work.

Mr. Deputy Speaker, Sir, I rise to make a brief comment on the Statutory Instruments (Amendment Bill) (National Assembly Bill No.3 of 2024) .

My colleagues have already highlighted the dangers of allowing the Executive to control legislation. Parliament has been given the power of the purse. When it comes to the issue of the power of the purse, Parliament is the one that drafts legislation. In fact, in this Senate, we pronounce ourselves through Motions and Bills. We are also guided by the Constitution, that is set there to be able to provide a neater way of ensuring equity.

There are so many things that we talked about grandfathering of provisions that existed in the past. One of the things that I have looked at in this Bill is that the draft of the Bill introduces discipline and makes sure that there are timelines, deadlines of the regulatory making body to be able to set up those regulations, but mischievously now introduces Section 27.

I would love to be informed.

would otherwise require investment to be done in a different way now, but were much friendlier before, when we introduce this clause, we then go to the previous prerequisites. Most of them may not even be very difficult to achieve than the ones of today.

We all know that we are living on borrowed times. Therefore, we should be aware that any piece of legislation that we draft has got consequences; those which are directly intended or otherwise. The intended consequences in this amendment is to bring in discipline, rigidity and accountability, when it comes to the issue of enacting legislations and regulations. However, there are unintended consequences which are being mischievously introduced in amending Section 27 of the principal Act.

Leave Section 27 of the principal Act intact. Bring all those regulations that have lapsed back here. We have the Committee on Delegated Legislation. Let it go through them and see whether the circumstances have changed. By doing so, also subject it to public participation, let Kenyans be aware.

There is this debate that people talk about Kenyans objecting to everything, but it is because we are much wiser than we were yesterday. It makes us question everything.

Today is a Wednesday. For whisky drinkers, the ones who drink whisky on a Wednesday, they are the real whisky drinkers. This is because they have a conversation with that drink. Those who drink on Saturday, drink either to celebrate the achievement of the week or a game that has been won or lost. Those who sit down on a Wednesday, still have two more days of the week. That whisky is asking them what they are running away from this time. They are still trying to figure out how they are going to solve the challenges of Thursday and Friday. You cannot compare a whisky drinker on a Wednesday and that of Saturday. Saturday is celebratory. It is a day to rest. Wednesday is a day to think and reflect how to carry out duties on Thursday or Friday; two more days of work.

Today is a Wednesday. So, whisky drinkers go reflect on what this Senate is talking about when it comes to the issue of legislation. I know we have a lot of them in the Lower House. So, today ask yourself why is it that Sen. Mungatana took time and said, no, this is mischievous? Why is it that Sen. M. Kajwang’ took time and said, no, Sen. Olekina, we should object to this amendment? Why is it that when it comes to discipline, everyone is applauding the drafters of this amendment?

So, I, definitely, support my colleagues who have taken their time to educate us. Here, we consult and have a conversation. I think I will be joining you this evening for a glass of whisky. We can have a conversation with it and then maybe, it will guide us.

On a point of information.

I would love to be informed.

does not matter how many haters you have or how many people vote for you because they think you are a saint.

I talked about a conversation. I think everything that is happening now, our forefathers and parents went through the same thing in stages. They had those conversations. Sometimes, to borrow from one of my favourite artists, being a witness is more than enough. So, we are now witnesses of what is happening in this country; some of the things we like and some we do not.

They always say the majority will always have their way, the minority will have their say. When we come here, we highlight challenges that we are facing. In this lifetime, we will be vindicated if we are not listened to. We are living on borrowed times. Therefore, when we sleep or have a conversation with a glass of whisky in the dark, we can stand firm and say we stand by what we did.

Currently, the entire country is in a mood that I cannot even explain. All of us are campaigning left, right and centre. In fact, if you look at the Senate, it is empty. Why? Everybody is trying to seek their votes to get back here next year or become a governor or whatever. We tend to forget what brought us here, which is to work for our people and there are dangers to that.

Mr. Deputy Speaker, Sir, right now, very few of us are aware that in the next few months, we are about to experience something that has not been experienced on earth in 150 years; a super El Nino and we are not prepared. I have a statement to that effect, hopefully, I will read it tomorrow. Hypothetically speaking, there should have been a regulation that guides counties on how to prepare for an El Nino.

Our forest cover was almost 30 per cent 10 years ago. Now, due to deforestation, we have mudslides which we never used to have 20 years ago in some parts of Kenya. It is a common factor now because we have destroyed our forests and thus, circumstances of yesteryears and today are not the same.

Mr. Deputy Speaker, Sir, to conclude, I plead with my colleagues that we take time to understand the consequences intended and unintended of any piece of legislation that we pass in this House.

I support with amendments.

Sen. Eddy Oketch, proceed.

Thank you, Mr. Deputy Speaker, Sir for this opportunity to also put my thoughts on this amendment Bill.

If you read our Constitution, the one that the people are keen on the most is Article one of the Constitution, which talks about the power of the people and the sovereignty that comes with it. That sovereignty must always belong to the people by all means possible who then, have donated it to their elected leaders. Those elected leaders, in one way or another, might find themselves in a situation where the Constitution enables them to delegate those powers given to them by the people.

If not checked or if left to be delegated in perpetuity, a delegated power can be abused. That is the sense of why we always have the Statutory Instruments Act. The ultimate House that has the power given to them directly by the people, is the House of Parliament. Therefore, that House of Parliament goes ahead and makes laws. The ministerial agencies and departments can vary them in terms of regulations or any

form of rules that they might generate because of this particular Act of Parliament; the Statutory Instruments Act.

Regardless of whatever powers that are given to this ministerial organisation, this mother Act does not allow them to be overbearing. That is why, in the wisdom of all the parent Acts that you will see in any jurisdiction, you will not find a statutory instrument given to ministerial departments and agencies or otherwise, delegated institutions in perpetuity. The parent Act can be there in perpetuity, but those who have delegated power cannot have these regulations in perpetuity.

The wisdom is because, the environment in which our laws work and are implemented keep on changing. It is always in the wisdom of the Constitution that the people must always be consulted.

Mr. Deputy Speaker, Sir, when I read this amendment Bill, its every other section is a decoration, apart from Clause 8. This House, which has demonstrated to be a solid and sober House, must interrogate Clause 8 of this amendment which says that-

“Section 27 of the principle Act be amended by inserting the following new subsection immediately after Section 2”.

That will be Section 3 that says- “Any statutory instrument that was in operation and that would otherwise stand automatically revoked on any day before the commencement of this provision shall continue to operate and to have effect as if the instruments had not been automatically revoked on that date.”

If you look at that recommendation, it means that the thousands of regulations that were there prior to the Constitution, 2010 and not reviewed, would stay as they are. That allows the rules and regulations to continue in perpetuity and become law in and out of themselves without a people review process. For that people review process, we have the Committee on Delegated Legislation that is supposed to review anything that comes from the ministries.

I think this will be so dangerous for the country and the people that, we need to ignore everything else, but scrap off this entire section of the law. Why am I saying this? I have served in three committees in this House and every single time I interact with rules and regulations that have been there prior to the Constitution, 2010 and some that came after the Constitution, 2010. Remember, these rules and regulations should ordinarily not take more than a decade because if they take more than a decade, they start becoming law in and out of themselves.

I have interacted with laws and regulations in different departments that make it totally impossible to operate in the current constitutional order in a way that can empower people. I will give you examples, so that you see why this could become very dangerous. I serve in the County Public Investments and Special Funds Committee (CPISFC) together with Sen. Osotsi, who is my Chairperson and I am his Vice-Chairperson in the Committee.

If you read the Public Finance Management (PFM) Act that was developed after the new Constitution was promulgated, Sections 182 and 184, for instance, empower counties to own entities that can run some of the basic services in our counties such as water provision. Do you know that despite the fact that we have allowed these counties

Sen. Eddy Oketch, proceed.

Thank you, Mr. Deputy Speaker, Sir for this opportunity to also put my thoughts on this amendment Bill.

If you read our Constitution, the one that the people are keen on the most is Article one of the Constitution, which talks about the power of the people and the sovereignty that comes with it. That sovereignty must always belong to the people by all means possible who then, have donated it to their elected leaders. Those elected leaders, in one way or another, might find themselves in a situation where the Constitution enables them to delegate those powers given to them by the people.

If not checked or if left to be delegated in perpetuity, a delegated power can be abused. That is the sense of why we always have the Statutory Instruments Act. The ultimate House that has the power given to them directly by the people, is the House of Parliament. Therefore, that House of Parliament goes ahead and makes laws. The ministerial agencies and departments can vary them in terms of regulations or any

form of rules that they might generate because of this particular Act of Parliament; the Statutory Instruments Act.

Regardless of whatever powers that are given to this ministerial organisation, this mother Act does not allow them to be overbearing. That is why, in the wisdom of all the parent Acts that you will see in any jurisdiction, you will not find a statutory instrument given to ministerial departments and agencies or otherwise, delegated institutions in perpetuity. The parent Act can be there in perpetuity, but those who have delegated power cannot have these regulations in perpetuity.

The wisdom is because, the environment in which our laws work and are implemented keep on changing. It is always in the wisdom of the Constitution that the people must always be consulted.

Mr. Deputy Speaker, Sir, when I read this amendment Bill, its every other section is a decoration, apart from Clause 8. This House, which has demonstrated to be a solid and sober House, must interrogate Clause 8 of this amendment which says that-

“Section 27 of the principle Act be amended by inserting the following new subsection immediately after Section 2”.

That will be Section 3 that says- “Any statutory instrument that was in operation and that would otherwise stand automatically revoked on any day before the commencement of this provision shall continue to operate and to have effect as if the instruments had not been automatically revoked on that date.”

If you look at that recommendation, it means that the thousands of regulations that were there prior to the Constitution, 2010 and not reviewed, would stay as they are. That allows the rules and regulations to continue in perpetuity and become law in and out of themselves without a people review process. For that people review process, we have the Committee on Delegated Legislation that is supposed to review anything that comes from the ministries.

I think this will be so dangerous for the country and the people that, we need to ignore everything else, but scrap off this entire section of the law. Why am I saying this? I have served in three committees in this House and every single time I interact with rules and regulations that have been there prior to the Constitution, 2010 and some that came after the Constitution, 2010. Remember, these rules and regulations should ordinarily not take more than a decade because if they take more than a decade, they start becoming law in and out of themselves.

I have interacted with laws and regulations in different departments that make it totally impossible to operate in the current constitutional order in a way that can empower people. I will give you examples, so that you see why this could become very dangerous. I serve in the County Public Investments and Special Funds Committee (CPISFC) together with Sen. Osotsi, who is my Chairperson and I am his Vice-Chairperson in the Committee.

If you read the Public Finance Management (PFM) Act that was developed after the new Constitution was promulgated, Sections 182 and 184, for instance, empower counties to own entities that can run some of the basic services in our counties such as water provision. Do you know that despite the fact that we have allowed these counties

to own things such as the water companies, the adjunct local authorities have not been able to transfer some assets to county entities so that they can run the water companies autonomously?

The regulations that run things like the asset books for counties are impossible to implement to the extent that these Water Service Providers (WSPs) are forever struggling. They are struggling with loans they cannot pay because the existing regulations have made it impossible for WSPs to own the loan books that we have in counties. Now they are sitting with water work agencies that continue to take loans on the backdrop of WSPs and give these WSPs a lot of burden.

Mr. Deputy Speaker, Sir, if you look at things like material, plant and equipment in counties, vehicles and all the instruments of production that were owned by the adjunct county councils, previously municipalities and local authorities that now do not exist in our structures that can make water service provision in our counties work properly, they are impossible to take from those water agencies to WSPs because of regulations that cannot be reviewed. You can imagine if they become law in themselves and sometimes they make the operations of the county entities extremely expensive.

I will give you an example. If today the County Government of Migori or the County Government of Siaya or the County Government of Wajir--- Let me even take those Nordic counties that experience extreme weather conditions. If they were to, for instance, drill a borehole, do you know that the regulations for drilling boreholes alone, the county government must go through almost seven regulations and all of these regulations are compliance regulations that are tied to a fee.

You find that for you to do one borehole, a county government probably will just need to hire a rig and then do a proper borehole at about Kshs1 million, but because they have to go through steps of different kinds of compliance regulations that have a fee tied to them, then they need to incur an extra cost of about Kshs200,000 to Kshs300,000. In some cases, like in the northern counties, they end up paying up to Kshs400,000 in compliance regulations. You have to pay the National Environment Management Authority (NEMA) some money; you have to pay the Water Service Regulatory Board (WASREB) some money; you have to pay all these different agencies that have been put under regulations that do not exist and want to squeeze money from all these counties just to dig a borehole.

So, a borehole that could have been dug at Kshs900,000 to Kshs1 million, ends up costing Kshs1.5 million. If you were to compute that amount to, say, a county that needs even twenty boreholes at Kshs500,000 extra cost, that means that this county is going to lose a cost of almost another 10 boreholes that they could have done without these regulations. This is the kind of environment that we are operating in.

If you leave this kind of Bill to pass in the Senate and allow it to go with those kinds of existing regulations that are going to continue in perpetuity without that review, I think it will be a disservice to the intent that the Constitution wanted when it allowed us to create the mother or the parent Act for which there has to be a review and going back to the people after every decade.

It is not only in the areas that I have talked about in the devolution family. Of course, the devolution family suffers the most. However, if you look at simple things

Very well. Honourable Senators, having no other Senator willing to contribute, I call upon the Mover to reply. Since the mover is not around, I defer the reply of the Bill.

element in such a sector that it is so difficult for them to get some subsidies that you qualify for. For instance, why should AFA allow for coffee and maize to be subsidised and not miraa, or sugarcane, because of special classification of these crops? Why would those regulations exist when if you go to Nyanza today, if somebody is not in the fish industry, they are in the sugarcane industry? So, it means that whatever coffee and tea farmers are benefiting from, whether they are classified as high-end cash crops or otherwise, miraa should get the same kind of treatment. Why should that regulation pass because it is being bypassed with this particular section of the law?

So, I have a problem with this section of the law. Let all the regulations that have been there, that have passed 10 years, be brought back to the Committee on Delegated Legislation of Parliament. Let them go back to the people. Let them have public participation. Let this committee of this House approve of them continuing to work. Otherwise, the ministry is trying to have a serious back channel of just creating laws on its own. If we are not careful with these kinds of laws, they will seriously affect different sectors. Right now, do you know there is a regulation that requires that all the companies that are in the Nairobi Security Exchange must be able to do something they call ESG, which is Environmental and Social Governance instrument under something they call IFGR, so that that compliance can be able to create a cost division in all these particular companies?

The cost of implementation is not talked about. Its impact on service, for instance, banking, where compliance is, is a big issue. Compliance in the banking sector will affect Absa, Equity Bank and the different bank departments, and make it almost impossible to provide services. So, we must look at this in totality. I wanted to request fellow Senators that this particular Clause 8, we must not allow it. So, while I do support this---

(Sen. Oketch Gicheru’s microphone was switched off)

Give him one minute.

Thank you, Mr. Deputy Speaker, Sir. While I support this Bill, in the other sectors that it has been put, I wanted to draw the attention of this House and all Senators to this particular Clause 8, that I think we should amend by deleting it in entirety for us to be able to pass this Bill. Otherwise, we will leave ministries to start their own ways of making laws without allowing Parliament to go through a process of consulting the people who are supreme in the lawmaking. We must go back to public participation. The 1,000 regulations that we have seen in this country must be reviewed in the context of the law and allow the House of Parliament to do its work by making laws. Therefore, I support with amendments, a specific amendment, of deleting Clause 8 in its entirety. I thank you, Mr. Deputy Speaker, Sir.

Very well. Honourable Senators, having no other Senator willing to contribute, I call upon the Mover to reply. Since the mover is not around, I defer the reply of the Bill.

Madam Temporary Speaker, I hope as we go for Division after Members’ debate, we will enrich the Bill further. The whole point is to ensure that the children feel included, cared for and families do not feel left alone. Autism is a huge burden, as it came out during the pre-publication scrutiny stage in the committee. We were lucky to have one Senator in the Committee on Health who is raising a seven-year-old son who is autistic and had a wealth of contribution towards this Bill. Many changes were brought forward.

Madam Temporary Speaker, pursuant to Standing Order No.66(3), having no requisite quorum, I request that we defer the putting of the question.

Thank you.

Next Order.

Thank you, Mr. Deputy Speaker, for this opportunity. The Autism Management Bill (Senate Bills No.19 of 2025) is highly anticipated by families and Kenyans living with autism and parents who have been raising autistic children on their own without any support from the state.

The proposals in this Bill include autism being covered under the Social Health Authority (SHA) , structured diagnosis, structured therapy and support for families. It also has a human right approach for adults who are living with autism. We look forward to having these families recognised and accommodated in the society.

They should also get support from the Government, through the Ministry of Education and the Ministry of Health, so that these families do not have to struggle with this condition without any aid from the state. From the public participation we held, there was a concern on the other many neurodivergent conditions, not just autism. There are other conditions as well that needed to be included in this Bill.

Madam Temporary Speaker, I hope as we go for Division after Members’ debate, we will enrich the Bill further. The whole point is to ensure that the children feel included, cared for and families do not feel left alone. Autism is a huge burden, as it came out during the pre-publication scrutiny stage in the committee. We were lucky to have one Senator in the Committee on Health who is raising a seven-year-old son who is autistic and had a wealth of contribution towards this Bill. Many changes were brought forward.

Madam Temporary Speaker, pursuant to Standing Order No.66(3), having no requisite quorum, I request that we defer the putting of the question.

Thank you.

Thank you, Sen. Karen Nyamu. The putting of the question is now deferred.

Next Order.

The Mover of this Motion is the Vice-Chairperson of the Mediation Committee, but he is not here. I believe Sen. Wakoli is the one who was supposed to move this Motion, but he is not in the House. Therefore, the Motion is deferred. Let us move on to the next Order.

Sen. Mbugua is not in the House. Therefore, that Bill is also deferred. Let us move on to the next Order.

Sen. Fatuma Dullo, MP, is not in the House. The Bill is also deferred. Let us move on to the next Order.

The Mover is Sen. Abdul Haji, but he is not in the House. Therefore, the Bill is deferred. Let us move on to the next Order.

Sen. James Murango is also not in the House. That Bill is also deferred. Let us go to the next Order.

Hon. Senators, that brings us to the end. There being no other business on the Order Paper, the Senate stands adjourned until tomorrow, Thursday, 4th June, 2026 at 2.30 p.m.

The Senate rose at 5.58 p.m.