Serjeant-at-Arms, ring the Quorum Bell.

We now have Quorum.

Hon. Speaker, thank you for allowing me to welcome one of my best-performing schools, the Aga Khan School. This is one of the oldest schools in my constituency. The students are here on a study trip. I welcome them and I advise the students that this is the best place to learn how laws are made. Welcome to this House.

Member for Chepalungu.

Thank you very much, Hon. Speaker for granting me the opportunity to welcome St. Mary's Junior and Primary School from Chepalungu Constituency. This school is located within my constituency and is known for its excellent performance. It is the school that my children attend. I wish to recognise the pupils as they visit Parliament to observe our proceedings. I encourage them to work hard, so that in the future, they may become great leaders. All the best to all the schools that have come to see what we do here in Parliament. Welcome, St. Mary's and all other schools.

Thank you. To complete the cycle, Hon. Karemba.

Thank you, Hon. Speaker for this opportunity. I wish to welcome the students from St. Mary's Mixed Day Kigaa Secondary School from my constituency, alongside the other visiting students. This school has an enormous potential and is among the best-performing schools in my area. I wish the students all the best as they pursue knowledge and aspire to become great individuals in this republic. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

I assure them of my continued support in their education so that they may grow to become better citizens of this country.

Thank you. On behalf of the Speaker and the House, we welcome all the schools, the students, and their teachers to the House of Parliament. Next Order.

Yes, we have two Petitions. The first one is from the Member for Taveta, Hon. John Bwire. Is he in the House? He seems not. His Petition is, therefore, deferred to Thursday.

Hon. Speaker, I rise to present a Public Petition on unfair labour practices by Sukari Industries Limited in Homa Bay County. I, the undersigned, on behalf of the workers of Sukari Industries Limited in Homa Bay County, draw the attention of the House to the following: THAT, on 8th February 2024, workers at Sukari Industries Limited in Ndhiwa Constituency staged a protest against discrimination, unfair labour practices, and unfavourable working conditions imposed by their employer, which violate Article 27 of the Constitution; THAT, while some of the workers are directly employed by the company, a majority of them are engaged through outsourced firms. This has resulted in significant disparities in employment terms, benefits, compensation, and other entitlements; THAT, there is alleged discrimination between foreign and local workers, including differences in pay for equal work, separate meetings for the different groups, unfair allocation of field and airtime allowances, and the withdrawal of salary advances, overtime, and lunch allowances; THAT, the workers employed through outsourcing firms are not provided with personal protective equipment (PPEs) and lack any policy for compensation in case of work-related injuries or fatalities. Additionally, ambulance services are unreliable and often unavailable during emergencies; THAT, the company's management is largely unapproachable, particularly to local workers, and often terminates their employment arbitrarily without due process. Furthermore, workers are prohibited from joining or forming labour unions; THAT, tractor drivers do not have formal contracts with the company, and their salaries and other payments are made through mobile money transfers instead of structured payroll systems; THAT, since October 2023, contractual workers' contributions to the National Social Security Fund (NSSF) have been halted, and service gratuity is not provided; The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

THAT, all efforts to address these concerns through dialogue and engagement have been unsuccessful; and, THAT, the issues raised in this Petition are not pending before any tribunal, court of law, or any constitutional or legal body. Therefore, your humble petitioners pray that the National Assembly, through the Public Petitions Committee; 1. Inquiries into the alleged discrimination, unfavourable working conditions and unfair treatment of both outsourced and directly employed workers, whether local or foreign. 2. Recommends that Sukari Industries Limited allow its workers, including those hired through outsourcing firms, to join or form labour unions to safeguard their rights, particularly their right to fair remuneration and reasonable working conditions, as guaranteed under Article 41 of the Constitution. 3. Makes any other recommendation(s) that it may deem appropriate to address the grievances of the Petitioners. And your petitioners will forever pray. Thank you, Hon. Speaker. If I may just add one statement, I, as the area Member of Parliament, has engaged with the top management, but there has been no solutions.

You should have included that in the Petition.

Hon. Speaker, I hope the Public Petitions Committee will take this matter seriously.

Hon. Sunkuli.

If I may join in, Hon. Speaker, I would like to urge the Public Petitions Committee to thoroughly,investigate Sukari Industries. Those of us with sugar industries in our constituencies are concerned, and would like to see broader investigations carried out in the interest of our local industries. However, Sukari Industries appear to be encroaching even into our sugar zone in Trans Mara. As you know, the sugar cane industry contributes to local infrastructure, including roads. When our sugar cane is poached by another industry that does not contribute to local development, it is quite problematic. In addition to the poor human resource practices associated with Sukari Industries, we request that this issue of cane poaching also be investigated thoroughly. It is leading to a shortage of cane in our Trans Mara industries.

Mhe. Zamzam, would you like to joyride on this?

Mhe. Spika nikimuunga mkono ndugu yangu, Mhe. Martin, ningependa kusema kuwa kama vile kampuni za sukari, imekuwa dhahiri kuwa Wakenya wengi wanaofanya kazi katika hizi kampuni wanadhalilishwa sana haswa katika suala la kujiunga na labour unions . Haya ni mambo yametokea mahali kwingi kama vile Mombasa na EPZ. Viza kama hivi tumekumbana navyo. Kwa mfano, wafanyikazi hao wanapotaka kujiunga na unions, wanazuiliwa ilhali hii ndio njia pekee watakaotumia kutatua hayo matatizo. Mshahara wao ni duni kabisa sio vile sheria ya labour ilivyo. Pia, hawapewi vifaa au zana za kuwawezesha kukabiliana na changamoto zilizopo kazini mwao. Wengine, kama ulivyosikia, wanalipwa kupitia M-Pesa. Sasa mfanyi kazi atajiuliza hatma yake iko wapi? Mtu anapopata tatizo kubwa, anashindwa atasaidika vipi ilihali hana union . Shirika la NSSF pia limeondolewa, hawalipiwi. Kwa hivyo, kwa maoni yangu, ijapokuwa hao wafanyakazi walishiriki kwenye maandamano, wamedhulumiwa sana na wanastahili kupata haki kupitia hili Bunge na haswa, kamati inayohusika na maswala haya. Tunaomba kamati husika iangalie kwa kina na kuhakikisha The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

kuwa wafanyikazi nchini wanaangaliwa vizuri, hasa, wale wanaofanya kazi za mkono maana wananyanyaswa sana. Asante sana, Mhe. Spika.

The Petition is committed to the Committee on Public Petitions. Report back within 60 days. Is the Chairman here?

Yes, Hon. Speaker.

Hon. Kagesi, report back within 60 days. Next Order.

Leader of the Majority Party.

Hon. Speaker, I beg to lay the following Papers on the Table: 1. Report on performance of the special groups (Youth, Women and Persons with disability) from the Public Procurement Regulatory Authority. 2. Report of the Auditor-General on Forensic Audit on the Kenya Airports Authority and Adani Airport Holdings Limited – Jomo Kenyatta International Airport Leasing Plan. 3. Reports of the Auditor-General and Financial Statements for the year ended 30th June 2024 and the certificates therein – (a) Affordable Housing Board -The Three (3) Months’ Period. (b) Agricultural Information Resource Centre Revolving Fund. (c) Athi Water Works Development Agency. (d) Energy and Petroleum Regulatory Authority. (e) Gatitu Tea Factory. (f) Kenya Fisheries Service. (g) Kenya Forest Service. (h) Kenya Institute of Curriculum Development. (i) Kenya Institute of Mass Communication Car Loan and Mortgage Fund. (j) Kenya Maritime Authority Staff Mortgage and Car Loan Scheme. (k) Kenya National Public Health Institute. (l) Kenya National Trading Corporation Limited. (m) Lapsset Corridor Development Authority. (n) Micro and Small Enterprises Authority. (o) Miwani Sugar Company (1989) Limited (in Receivership). (p) Mt. Elgon Lodge Limited. (q) National Assistance Trust Fund for Victims of Trafficking in Persons. (r) National Police Service Commission Staff Car Loan and Mortgage Scheme Fund. (s) National Police Service. (t) National Syndemic Diseases Control Council. (u) Nzoia Sugar Company. (v) Office of the Director of Public Prosecutions. (w) President’s Award Kenya. (x) Public Trustee of Kenya. (y) Receiver of Revenue Statements -The Judiciary. (z) School Equipment Production Unit. (aa) Scrap Metal Council. (bb) State Department for Livestock Development. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

(cc) State Department for Micro, Small and Medium Enterprises (MSMED) Development. (dd) Sunset Hotel Limited. (ee) The Horn of Africa Ground Water for Resilience Project (IDA Credit NO.70820-KE and Grant NO. P174867)-Water Resources Authority. (ff) The Senate. (gg) Unclaimed Financial Assets Authority-Staff House and Car Loan Scheme. (hh) Warehouse Receipt System Council.

Chairperson, Committee on National Government Constituencies Development Fund.

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Committee on National Government Constituencies Development Fund on the Nominees to the National Government Constituencies Development Fund Committees for 37 Constituencies.

The Chairperson of the Departmental Committee on Finance and National Planning.

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Finance and National Planning on its consideration of the Excise Duty (Amendment) Bill (National Assembly Bill No.7 of 2025).

Chairperson, Departmental Committee on Justice and Legal Affairs.

Hon Speaker, I beg to lay the following Papers on the Table: Reports of the Departmental Committee on Justice and Legal Affairs on its consideration of: 1. The Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill (National Assembly Bill No.5 of 2025). 2. The approval hearing of Hon. Judith Nayiai Ramaita Pareno for appointment as Principal Secretary, State Department for Justice, Human Rights and Constitutional Affairs.

Thank you. Next Order.

Chairperson, Public Petitions Committee.

Hon. Speaker, I beg to give notices of the following Motions:

What have you moved, Hon. Kagesi? I thought you were giving notices of Motions.

Sorry, Hon. Speaker. They are notices of Motions.

Okay. Chairperson, Departmental Committee on Justice and Legal Affairs.

Hon. Speaker, I beg to give notice of the following Motion: THAT, taking into consideration the findings of the Departmental Committee on Justice and Legal Affairs in its Report on the vetting of a nominee for appointment as Principal Secretary laid on the Table of the House today, Tuesday, 8th April 2025, and pursuant to the provisions of Article 155(3)(b) of the Constitution, approves the appointment of Hon. Judith Nayiai Ramaita Pareno as the Principal Secretary, State Department for Justice, Human Rights and Constitutional Affairs.

Thank you, Hon. Murugara. Chairperson, Public Investments Committee on Social Services, Administration and Agriculture, Hon. Wangwe.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the fourth Report of the Public Investments Committee on Social Services, Administration and Agriculture on its consideration of the Report of the Auditor-General on the financial statements of The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

the following State corporations, laid on the Table of the House on Thursday, 17th October 2024: 1. The National Social Security Fund for Financial Year 2019/2020. 2. Communications Authority of Kenya for Financial Years 2017/2018 and 2018/2019. 3. Child Welfare Society of Kenya for Financial Year 2014/2015. 4. SACCO Societies Regulatory Authority for Financial Years 2017/2018, 2018/2019, and 2019/2020. 5. Kenya Institute for Public Policy Research and Analysis for Financial Years 2014/2015, 2015/2016, 2016/2017 and 2017/2018.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Public Investments Committee on Social Services, Administration and Agriculture on its consideration of the performance audit report of the provision of services to persons with disabilities by the National Council for Persons with Disabilities, laid on the Table of the House on Tuesday, 30th July 2024.

Hon. Members, before we go to the Statements,, I direct the re- organisation of the Order Paper so that we go to Order 8, and then we put the Question. I will allow the County Woman Representative for Kajiado to make a Statement about a departed colleague, and then we will go back to Statements. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Clerk-at-the-Table.

Members on their feet, take your seats. Member for Garissa, take your seat.

We will start with Hon. Sankaire.

Hon. Speaker, pursuant to the provisions of Standing Order 259D(2)(a), I rise to pay tribute to the former Kajiado County Woman Representative, the late Hon. Janet Marania Teyiaa. The late Hon. Janet Teyiaa passed on, on Monday 7th April 2025. The late Hon. Teyiaa was born on 28th September 1980 at Ilkilorit, Kajiado County. She began her education at the Africa Inland Church Kajiado School in 1987 and sat for her Kenya Certificate of Primary Education in 1995. She later joined Enoomatasiani Secondary School and completed her Kenya Certificate of Secondary Education in 1999. She proceeded to pursue a certificate in Accountancy Technicians in 2022 at the Maasai Technical Training Institute. Noting that she lost her ability to walk at the age of five, she bravely surmounted the obstacles that hinder persons living with disabilities (PWD) becoming a role model to many in her community. The late Hon. Teyiaa built on her success by working on uplifting the status of women and PWDs upon graduation. The late Teyiaa joined politics upon nomination by the National Alliance Party (TNA) to represent the interests of PWDs in the 11th Parliament. She beat all odds and was elected as the County Woman Representative for Kajiado County in 2017. During her tenure in the 12th Parliament, she dedicatedly served in the departmental committees on Labour and Social Welfare and Regional Integration. She was an epitome of resilience and advocated for PWDs in the country, specifically Kajiado County. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

After exiting politics, she joined the National Government Constituencies Development Fund (NG-CDF) as a board manager where she served until her untimely death. On behalf of Kajiado County and the women leadership of this House, I extend our deepest condolences to the family of the late Hon. Janet Teyiaa, people of Kajiado County and the nation at large. I pray that the soul of our departed colleague rests in eternal peace. Thank you, Hon. Speaker.

Thank you, Hon. Sankaire. Hon. Musa Sirma.

Hon. Speaker, I join the Member for Kajiado County in condolence for the passing on of Hon. Janet Teyiaa who was a Board Member of the National Government Constituencies Development Fund (NG-CDF) Board. The late appeared before our Committee for vetting after her appointment by the Cabinet Secretary, Ministry of National Treasury and Economic Planning. Hon. Teyiaa was a very hard-working lady who did all she could to make sure that she attended all meetings and functions of the NG-CDF Board. We met in several meetings and she had a lot of passion in serving the Board. Therefore, on behalf of my Committee, I wish to pass our sincere condolences to the family of Hon. Janet Teyiaa.

Hon. Dorothy.

Thank you, Hon. Speaker. I, too, wish to join my Chairperson, Hon. Leah, and the entire County of Kajiado in mourning the loss of this great lady. It is important to note that this lady defied all odds to do what she could despite the condition she lived with. This is great encouragement that shows that disability is not inability.

to the family and may God comfort them during this very difficult time as they mourn their loved one.

Hon. Pukose.

Hon. Speaker…

Take one minute. I see a few more Member wish to contribute.

Hon. Speaker, I join my colleagues in mourning the passing away of Hon. Teyiaa. She was nominated as a Member of Parliament in the 11th Parliament and elected in the 12th Parliament as the County Woman Representative for Kajiado County. She was a very hard-working and humble lady. She used to sit there at the back. May her soul rest in eternal peace.

Hon. Donya.

Thank you, Hon. Speaker. From Kisii County, I also rise to send my message of condolence to the people of Kajiado County. In most cases when Members introduce themselves and say they are doing their third term as nominated Members, it does not sync well with our ears. If one goes through the history of Hon. Janet, you will find that she was nominated only once. On her second term, she decided to fight for an elective seat and that is good news. We tell the entire Kajiado County that may God be with the family and entire county.

Hon. Milemba.

Thank you, Hon. Speaker. On behalf of the people of Emuhaya Constituency, myself and the Departmental Committee on Labour and Social Welfare of the 12th Parliament, I convey my condolences to the family of Hon. Teyiaa. Hon. K’Oyoo, I and other Members worked in the Departmental Committee on Labour for five years during the 12th Parliament. Despite the challenges she had as a PWD, she was so determined and attended all meetings in Mombasa and all over the country. I pray that God gives the family strength to go through this as we send her off. Thank you, Hon. Speaker. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Naomi.

Thank you Hon. Speaker for allowing me to contribute. On my own behalf, people of Marsabit County and my family, I send my condolences to the people of the entire Kajiado County, leadership and family. I interacted with the late Hon. Janet Marania in the 12th Parliament. She was very passionate especially on matters to do with PWDs and the minorities. It is my prayer that the family will be comforted and that her soul rests in peace.

Hon. Korere.

Thank you, Hon. Speaker. I also take this opportunity to condole with the people of Kajiado County. Hon. Teyiaa was a true description of the strength of a woman despite being abled differently. We were nominated at the same time in 2013 and served for five years. In 2017, she ran in Kajiado and was elected. She had the strength and passion to serve the people of Kajiado. She is what we can describe as a true powerhouse. May her soul rest in peace and perpetual light shine upon her.

Hon. Ferdinand.

Hon. Speaker, thank you for giving me the chance to say pole to the people of Kajiado County. Hon. Janet and I were in the 12th Parliament. She was a very active Member of this House. On my behalf and that of the people of Kwanza and Trans Nzoia County, I take this opportunity to say pole to the family. May her soul rest in peace.

Keynan.

Thank you, Hon. Speaker. Hon. Janet was a very strong, resilient, and pragmatic leader. She was born to a pastoralist family. You understand the challenges she faced going to school at that time and providing leadership later on. It is a clear demonstration that disability is not inability. I join her family in saying pole . I hope many ladies from the pastoralist community, led by the Chairlady of the Kenya Women Parliamentary Association (KEWOPA) will emulate what Hon. Janet did and ensure that many of our girls go to school and demonstrate this hidden God- given leadership. May her soul rest in peace.

Member for Embu County, Double N. Give Double N the microphone.

Thank you, Hon. Speaker. I take this opportunity to mourn with the people of Kajiado County for the loss of their loved one. On behalf of Embu County, I send my sincere condolences to the family and the entire county of Kajiado. Above all, against all odds, I recognise the great lady who made good leadership in what she did in the Parliament. We are as Parliament praying that we, indeed, emulate what she used to do and what she was able to achieve. Above all, I want to say that disability is not inability. She was able to do great things that we can recognise today. On my behalf and that of Embu County, my sincere condolences go to the entire Kajiado community.

The Woman Representative for Trans Nzoia.

Thank you, Hon. Speaker, for also giving me this chance to eulogise with my colleagues and the family of Hon. Teyiaa. I did not know her in person, but I must say that I am proud of her because of what my colleagues have said - being nominated for the first time and thinking of going for an elective seat thereafter. That is an encouragement. That is what we are looking into - any other nominated Member of Parliament making an effort to vie for those seats so that we also encourage others to continue competing in elective seats. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

With that, may her soul rest in peace.

Ruweida.

Asante bwana Spika. Kwa niaba yangu, familia yangu, na watu wangu wa Lamu Mashariki ninaowakilisha, natoa rambirambi zangu kwa familia ya Mhe. Teiyaa. Tulikuwa naye katika Bunga la Kumi na Mbili. Tulikuwa kwa kamati moja. Alikuwa mtu mzuri. Natoa pole kwa familia. Mungu aiwezeshe kujaza pengo aliloacha. Asante bwana Spika.

Makali Mulu.

Thank you so much, Hon. Speaker. On my behalf and that of the good people of Kitui Central, I also join my colleagues in sending my sincere condolences to the family of Mheshimiwa and the people of Kajiado County. I served with her in the 11th Parliament when she was a nominated Member of Parliament and in the 12th Parliament when she was an elected Member of Parliament. Just as colleagues are saying, the commitment the late Mheshimiwa demonstrated when she was a Member here is not expected of somebody living with disability. She went out of her way to show commitment and serve the people of Kajiado County faithfully. I encourage the people living with disability to learn that disability is not inability. They can do much more for this country. With those remarks, may her soul rest in eternal peace. Amen.

Thank you, Hon. Members. We will end there. Those who knew the late Hon. Teyiaa, as I did, agree she was the true embodiment of the spirit of the strength of a woman. We campaigned with her. Even with her physical challenge, she was in every single political spot in Kajiado campaigning with everybody else. Shall we be upstanding to give her a minute of silence?

May her soul rest in eternal peace.

Amen.

Amen. Before the next Order, allow me to acknowledge, in the Public Gallery, students from the Little Lambs School from Ainabkoi in Uasin Gishu. On my behalf and the House, we welcome the Little Lambs School to the House of Parliament. We will go on with the Statements. Hon. Kakai Bisau.

Hon. Speaker, pursuant to Standing Order 44(2)(c), I rise to seek a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the disappearance and subsequent death of Ms Lydia Tokeshi Bukhala. On 7th January 2025, Ms Lydia Tokeshi Bukhala of ID No.34613679 was reported missing in Nairobi only for her body to be found dumped in Gataka Forest in Rongai. On 9th January 2025, her vehicle was discovered abandoned in Riruta. It was with visible bloodstains and vomit inside, raising concerns about the circumstances of her disappearance and subsequent death. This necessitated forensic analysis of the evidence found in the vehicle in relation to her disappearance and subsequent death. The matter was recorded at Riruta Police The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Station under OB No.34/07/1/2025. Officers from Kilimani Police Station and Kabete Police Station made an initial response. Ms Bukhala’s family is concerned about timeliness and the effectiveness of police actions in addressing this distressing case. Additionally, they are concerned by reports from authorities that Mr Joseph Philip Orwa, identified as a person of interest in connection with the disappearance and tragic death of their kin, has been missing from his Nairobi residence. This has raised questions on his whereabouts and whether law enforcement agencies have taken sufficient action to locate and arrest him to assist investigations. It is against this background I seek a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security on the following: 1. The steps taken by security agencies on the matter of the disappearance of Ms Lydia Tokeshi Bukhala on 7th January 2025, including actions taken by the Kilimani Police Station and Kabete Police Station to investigate the case. 2. The progress of investigation into the circumstances surrounding Ms Bukhala’s disappearance and abandonment of her vehicle in Riruta with bloodstains and vomit inside, and whether forensic analysis was conducted on the scenes. 3. A report on the whereabouts of Mr Joseph Philip Orwa who is a person of interest identified by the family of Ms Bukhala as a key suspect in the matter and the findings of the police on his connection with the disappearance and subsequent death of Ms Bukhala. 4. Measures in place to support families of missing persons during investigations, including coordination between different police stations and the role of forensic technology in identifying and tracking movements of potential suspects. I thank you, Hon. Speaker.

Chairman of the Departmental Committee on Administration and Internal Affairs. Hon. Kahangara, are you holding brief for your Chairman?

Yes, Hon. Speaker.

Bring a response in two weeks.

Member for Funyula, Hon. (Dr) Ojiambo Oundo.

Thank you, Hon. Speaker. Pursuant to Standing Order 44(2)(c), I rise to request for a Statement from the Chairperson of the Departmental Committee on Energy regarding the operations of Kudura Power East Africa in western Kenya. It is a Kenyan enterprise specialising in development and operation of renewable energy mini-grid in western Kenya. Its primary focus is providing live and affordable electricity and clean power to rural communities. However, despite such a commendable initiative, residents of Sidonge A, Diraho, Rukada, Mahurisi, Mudoriko, Wiri A and Wiri B, Namagumba, Mugonga and Muhondo in Funyula Constituency have raised concerns on the contributions of the project to enhancing growth in the local communities. It is observed that the power supplied by Kudura is unreliable during rainy seasons and insufficient for heavy-duty appliances. In addition, a tariff of Ksh83.33 charged per unit is significantly high compared to the rate of Ksh25 per unit charged by Kenya Power. Sadly, Kudura has barred residents connected to their power supply from subscribing to alternative power providers to meet their electricity needs. It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Energy on the following: 1. A report on the regulatory framework under which Kudura Power is operating, generating and supplying power in western Kenya. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

2. The agreement on leases granted to Kudura Power to impose tariffs on power supplied and steps being taken to regulate such charges. 3. Timelines within which Kudura Power will upgrade their infrastructure and ensure continuous uninterrupted supply of power to homesteads. 4. A report on the terms of agreement between Kudura Power and the Government, including whether the terms are subject to review to allow alternative service providers to supply power alongside Kudura Power.

Chairman of the Departmental Committee on Energy. Where is Hon. Gikaria or any Member of the Committee? Majority Leader, I direct the Chairman to bring a response in two weeks.

Most obliged.

Hon. Donya, what is it?

I do not think he can give an answer in two weeks.

Why?

I made a Request for Statement before we went for recess, and he said he was going to give a response in two weeks, which ends today yet he is not even in the House. I doubt he will give that feedback in two weeks.

I direct him to do so in two weeks. Is the Vice-Chair of the Committee here?

Yes.

Hon. Aramat, you can hear those aspersions against your Committee on your inability to bring a response to a Request for a Statement in accordance with your promise to the House. Bring a response to the request by Hon. Donya on Thursday and a response to this request in two weeks.

No problem, Hon. Speaker.

Next is Hon. Kakuta Maimai, Member for Kajiado East.

Hon. Speaker, pursuant to the provision of Standing Order 44(2)(c), I rise to request for a Statement from the Chairperson of the Departmental Committee on Lands regarding the alleged fraudulent and irregular transfer of public land No.67, Isinya MRTC Demonstration Farm. Members of the Emboliei Group Ranch community have raised concerns over the illegal and fraudulent alienation of this public land within Isinya Town. It is alleged that this public asset has been unlawfully transferred to a Mr Sironga Olelemitei of ID No.0790473. Official records indicate that Mr Olelemitei, listed as member No.197 in the Emboliei Group Ranch register, was allocated land during the official subdivision of the 60,000-acre ranch and was issued parcel No.KAJ/Kaputei North/712, measuring 158 acres. It is reported that he later willingly sold the land to multiple individuals. During a meeting convened by the Isinya Sub-County Security Committee, it is said Mr Olelemitei confirmed that the land in question had changed ownership with the knowledge and assistance of key public officials, including the former Olkejuado County Council and the Kajiado County Executive Committee Member for Lands. This raises serious concerns about potential abuse of office and collusion in illegal misappropriation of community land, calling for justice and protection of ancestral land of members of the Emboliei Group Ranch. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Lands on the following: 1. A report on the steps the Ministry of Lands, Public Works, Housing and Urban Development is taking to investigate the fraudulent transfer of parcel No.67 in Kajiado County (Isinya MRTC Demonstration Farm). 2. Measures being put in place by the Ministry to reverse the illegal transaction and restore the land to its rightful public status. 3. Actions being taken to bring to account public officers involved in facilitating illegal transfer of public land to prevent similar cases.

Chairman of the Departmental Committee on Lands, Hon. Nyamoko. Any member of that Committee? Majority Leader, inform them to bring a response in two weeks.

It is sad if this land in Isinya can be transferred fraudulently, Hon. Speaker. I will ask the Chair or Vice-Chair to bring the response in exactly two weeks.

Thank you.

There is a response to a Statement requested by Hon. Joseph Munyoro, Member for Kigumo. Hon. Kahangara, you said you are holding brief for your Chairman?

Yes, Hon. Speaker.

Go ahead and respond.

Thank you, Hon. Speaker. I wish to respond to a request for a Statement regarding disappearance of persons. The Member for Kigumo, Hon. Joseph Munyoro, particularly sought to be informed of: 1. 1. The whereabouts of Mr David Gitau Maina, Mr David Njihia Macharia, Mr James Mburu Kariuki and Mr Patrick Karanja Gitau, and the status of investigations by police on their disappearances as reported under OB Nos.10/01/01/2025, 10/29/12/2024, 29/8/01/2025 and 14/01/2025, respectively. 2. 2. The action being taken by the Ministry of Interior and National Administration to ensure that the said persons are expeditiously traced and reunited with their families and perpetrators of the disappearances are brought to book. 3. The measures put in place by the Ministry of Interior and National Administration to ensure the safety of residents of Mareira Sub-location in Kigumo Constituency. 4. The plans put in place by the Ministry to provide more vehicles to Kigumo Police Station to facilitate security. On 5th January 2025, Stephen Maina Gitau reported the disappearance of his father, David Gitau Maina, at Kigumo Police Station under OB No.10/01/01225. The report was officially circulated via signal TAPO Kigumo Ref.No.KPS/KGM/KGMS/C3/81 dated 2nd January 2025. He reported the matter the following day to the Office of the Directorate of Criminal Investigations (DCI) in Kangare seeking assistance in tracing his father. Efforts to contact Mr David Gitau through his mobile phone numbers were unsuccessful as all had been switched off since the day he disappeared. The numbers were forwarded to Safaricom and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Airtel service providers for tracking via the County Security Investigation Bureau Office in Murang’a on 5th January 2025. While Airtel's report yielded minimal leads, Safaricom's report indicated that Gitau's phone had been inactive since 29th December 2024.

The DCI officers from Kangare alongside the complainant visited Mareira Shopping Centre where Gitau resided. His house was found locked from the outside. Enquiries with residents including business owners at Mareira and Gakira shopping centres confirmed that he was last seen on 27th December 2024.

On 18th February 2025, officers from the DCI office in Kigumo led by Inspector Kathurima arrested Brian Mwangi in Kirinyaga County after forensic analysis linked his Safaricom line 0705331598 to David Gitau's phone through IMEI 353541094001100. He was arraigned in court on 20th February 2025 as a prime suspect in the disappearance of David Gitau and remains in custody. Notably, Gitau's motorcycle was not circulated in police records as the family failed to provide its registration number. Additionally, an Enquiry File No.002/2025 has been opened and family members continue to receive updates on the progress of the investigations. The case is pending before court.

On the disappearance of Daniel Njihia Macharia, on 29th December 2024, Jane Nyambura, accompanied by her relative Julius Njuguna, reported the disappearance of her husband, Daniel Njihia Macharia at Kigumo Police Station through OB No.10/29/12/224. They stated that he had left home for work on 27th December 2024 and had not returned. The report was circulated as TAPO Kigumo Ref.No.KPS/KG/KGM/KGMS/S85C/3/80 dated 31st December 2024 and later lodged with DCI office in Kangare. Investigations revealed that his mobile phone numbers had been switched off. Requests for M-Pesa and Airtel money statements were submitted through Kigumo Law Court Miscellaneous Application No.A/001/225. Safaricom's report showed that his last M-Pesa transaction was on 25th December 2024 while no transaction had been reported on his Airtel line. The DCI officers visited Greenview Bar in Ikombe where Macharia was last seen. Statements from bar attendants confirmed his presence on 27th December 2024 consistent with the family's report on when he went missing. Statements from family members have been recorded and an Enquiry File No.003/2025 has been opened with updates provided to relatives accordingly. The case is pending under investigation.

On the disappearance of James Mburu Kariuki, on 8th January 2025, Ditex Ngure and John Kihara, residents of Irima Village, reported the disappearance of their brother, James Mburu Kariuki at Kangare Police Station through OB No.29/8/01/2025. He was last seen at home on the evening of 1st January 2025. The case was circulated via TAPO Kangare Ref. No.KPS/KGM/KGR/SNC/7/2225 dated 11th January 2025 and escalated to the DCI office in Kangare. His mobile phone numbers had been switched off prompting an official tracking request through Safaricom. The report indicated that his primary line was switched off on 26th January 2025 while the second was deactivated on 1st February 2025.

A search mission in Kamukabi area led by officers of the Murang'a County Security Investigation Bureau Office yielded no conclusive findings. Statements from family members have been recorded and an Enquiry File No.004/2025 has been opened as investigations continue. The case is pending under investigation. On the disappearance of Patrick Karanja Gitau, on 14th January 2025, Grace Kwamboka Karanja reported the disappearance of her husband, Patrick Karanja Gitau, at Gakira Police Post under OB No.04/14/01225. She stated that her husband, a retired army officer, had left home on 7th January 2025 and never returned. The case was formally circulated via TAPO Kigumo Ref. No.KPS/KGM/KGMS/S85C/3/80 dated 15th January 2025 and was later reported to the DCI office in Kangare. His three mobile phone numbers were all switched off. Forensic tracking requests were submitted to Safaricom and Airtel with reports confirming that two of his numbers were last active on 6th January 2025. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

On 29th January 2025, DCI officers of the Kangare Sub-County Criminal Investigations Office visited Patrick's home and conducted a thorough search, but no significant findings emerged. Statements from family members have been recorded and an Enquiry File No.005/2025 opened. The case is still pending under investigation.

On actions being taken by the Ministry of Interior and National Administration to ensure that the said persons are expeditiously traced and reunited with their families, and perpetrators of their disappearances are brought to book, investigations into all four missing persons’ cases are ongoing, with efforts focused on forensic analysis, witness statements and other leads. Arrests have already been made in connection with the disappearance of David Gitau Maina while the other cases remain under active enquiry. The police remain committed to resolving these matters and providing regular updates to the concerned families.

On measures put in place by the Cabinet Secretary for Interior and National Administration to ensure the safety of residents of Mareira Sub-location in Kigumo Constituency, the Government has employed the following measures to enhance security across the country: 1. Increased police patrol and presence, strengthening both foot and mobile patrols to prevent crime while enforcing police visibility in key areas such as residential neighbourhoods, marketplaces and transport hubs. 2. Establishment of an anti-abduction squad. A dedicated response team has been formed which will be domiciled at the DCI Headquarters to swiftly handle reported abduction cases.

On expedited investigations, the police will swiftly handle all reported cases ensuring prompt arraignment in courts of law of those found culpable to deter future criminal activities. On enhanced crime reporting channels, the public is encouraged to anonymously share crucial intelligence through the Fichua Kwa DCI toll-free hotline 0800722203 ensuring confidentiality in reporting crimes and the safety of whistleblowers.

On revitalising community policing initiatives, the Government should reactivate inactive community policing committees to improve collaboration between the police and the community, fostering information sharing and early identification of security threats. On plans put in place by the Ministry to provide more vehicles to Kigumo Police Station to facilitate security, the Government is procuring more vehicles to enhance operation efficiency, effectiveness and mobility within Kigumo Sub-county. The planned allocations are as follows. I hope the Member is listening. The sub-county headquarters will be allocated one motor vehicle, and Kigumo, Kangare, Ngonda and Githembe police stations will each be allocated one motor vehicle.

Is the Member for Kigumo in the House? Yes, Hon. Munyoro.

Thank you, Hon. Speaker. Thank you for the response. One of the strangest things about these cases is that they have all happened in one sub-location. The responses by the Committee are only talking about pending investigations. In the case of David Gitau, the Committee said that the police have arrested someone who had his phone through a copy of the IMEI number. It would help us to know what he has been charged with, whether he has confessed to being one of the people who caused the disappearance of Gitau, and whether he is connected to the other disappearances. Hon. Speaker, they have talked about increased patrols in the region. I would have liked to hear about the frequency and whether they have increased the number of police officers. We are told about forensics. It is unfortunate that in the case of James Mburu Kariuki, his disappearance was reported on 8th January. The report from Safaricom says that his phones were switched off on 26th January, which is 18 days later. There is a lot of information that is not there and I would like to get some clarity from the Committee. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Lastly, on the motor vehicles, we have been promised many times. I would like to know the timelines because buying motor vehicles is about budgeting and making sure it is done. So, could the Committee tell us when we will get the motor vehicles? I am happy they have said they will give us five vehicles for patrols. I thank you, Hon. Speaker.

Hon. Kahangara, do you have any response to those clarifications?

Hon. Speaker, as the Member has said, all these incidences come from the same sub-location. On issues of disappearance, it is always advisable to give the police time. When people disappear, sometimes you do not even know whether they have disappeared willingly or anything could have happened to them. I believe we should give the police more time to carry out investigations. As we have seen in the case of David Gitau, an arrest has already been made. The police were able to arrest the suspect through the IMEI number. That indicates that, indeed, the police are working. They have indicated that they will continue looking for the other persons through forensic ways. The issue of increased patrols depends very much on the strength of police officers in that particular area. I can tell this House that, now that we are going to do budgeting as a Committee, we are requesting for additional funding so as to recruit more police officers. That will help us to increase the strength of officers in particular areas. On the issue of motor vehicles, as we are aware, initially the Government had entered into some contract for hiring vehicles. Because of some issues, the Government now plans to buy motor vehicles. I assure the Member that this problem of motor vehicles affects the entire country. However, as stated by the Cabinet Secretary for Interior and National Administration, they will get the vehicles that have been promised for their particular area.

Thank you. Next Order.

On a point of order, Hon. Speaker.

Hold on. Yes, Hon. Bowen.

Thank you, Hon. Speaker. Sometime last year, around November, I drafted a Question concerning the Parliamentary Service Commission regarding its oversight role. Hon. Speaker, I ask for your indulgence and advice on this. Give us direction because it is a constitutional Question. Article 95(5)(b) of the Constitution provides that the National Assembly shall exercise the function of oversight.

Hon. Bowen, you have said you already requested for a Statement?

I am saying that I drafted a Statement at the Table Office and signed it. However, up to now, I have not seen it. I am seeking your direction because it is also a constitutional question.

Drop a copy of your Statement at the Office of the Clerk. It will be dealt with and processed accordingly.

That is okay, Hon. Speaker. It was to do with the oversight of Parliamentary Service Commission because we have concerns as Members. When we talked with our colleague, the Chairman of the Members Welfare Committee…

Take your seat, Hon. Bowen

Yes, Hon. Speaker.

Thank you, Hon. Bowen. Next Order.

Hon. Musa Sirma.

Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of section 43(4) of the National Government Constituency Development Fund Act, 2015 and Paragraphs 5(2) and (10) of the National Government Constituencies Development Fund Regulations, 2016, this House approves the list of nominees for appointment to the following thirty seven (37) Constituency Committees of the National Government Constituency Development Fund –

Hon. Sirma, you end by saying “I beg to move” and request whichever Member you want to second.

Hon. Speaker, I beg to move that these names be approved and ask Hon. Wamboka to second.

Thank you. Hon Wanami Wamboka.

Thank you, Hon. Speaker. I rise to second the move by Hon. Musa Sirma, that, indeed, the National Government Constituencies Development Fund (NG-CDF) needs to...

Hon. Wanami Wamboka, for the record, you are seconding a Motion, not a move.

Thank you, Hon. Speaker. You have been here longer. I rise to second the Motion by Hon. Sirma. We need to operationalise our NG-CDF offices by ensuring that legally certified people are in these offices. Once these names are approved, I call upon the Attorney-General to gazette them so that they can start working.

On NG-CDF, the National Treasury has, for some time now, been playing with this House. As the National Assembly, we must be firm. It is even worse when they use you as a shield. Every time Members are aggressive and want the National Treasury to deliver on their The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

timelines, they come and plead with you to talk to us, which we accept. However, they do not live up to their part of the bargain. As we speak, most students in our universities are starting exams this week yet we do not have money for bursaries. It is a crisis. The National Treasury is not responding. They have given us promissory notes that have expired, and they now do not have a face. I call upon Members of this House to freeze any operations and business of this House until the Cabinet Secretary for the National Treasury comes to give us the NG-CDF money in full. We cannot even go to our constituencies because we do not have answers to the questions being asked. The Cabinet Secretary was once one of us. However, I do not know what happens once Members of this House cross to the other side; they completely forget the problems facing wananchi on the ground. I appeal to the Members of this House to freeze its business for the sake of the children of Kenya. We cannot continue transacting business while people want to lynch Hon. Musa Sirma. He has no answers and is suffering just as we are.

Hon. Members, I urge that we suspend this sitting until Hon. John Mbadi comes to give us the NG-CDF money in full. Hon. Speaker, we appeal to you to remove the shield they have been using. They know we respect you and they plead with us through you. You should ask Hon. John Mbadi to come and tell us where the money is. Hon. Members, as I second, I request that we freeze today’s business and resume only after Hon. John Mbadi has given us money.

Hon. Speaker, I beg to second.

Hon. Members, before I propose the Question, since last week’s mention of a similar issue and the concern that the distinguished Member for Bumula is raising, I directed the Clerk to get in touch with the Principal Secretary for the National Treasury. I also directed the Leader of the Majority Party to get in touch with the National Treasury. As I propose and subsequently put the Question, I direct the Leader of the Majority Party to bring a statement to the House tomorrow at 2.30 p.m. to assure the House on the levels of disbursement of NG-CDF, so that your constituencies can continue functioning. Paralysing the House may be too drastic and may not necessarily solve the problem. Hon. Wanami Wamboka, hold your horses until tomorrow at 2.30 p.m.

Can we just have the Cabinet Secretary here instead of a response for the sake of this House, because they have also put your name in disrepute? If we did not know you as Members, we would be having problems with you. However, we know you, and they have been using you as a shield. Can we have Hon. John Mbadi here tomorrow, with due respect?

I direct the Leader of the Majority Party to look for Hon. John Mbadi and deliver him to the House at 2.30 p.m. tomorrow.

Next Order.

Hon. Members, as we move to Order No.12, how we dispose of it will determine the fate of Order No.13. After that, we will have Order No.14, which I am told is a very short Order. Afterwards, I will direct that we reorganise the Order Paper to move Order No.17 to precede Order No.15. We will then move sequentially as listed on the Order Paper. Hon. Samwel Chepkonga.

Hon. Speaker, I beg to move the following Motion:

THAT, the Senate amendments to the Houses of Parliament (Bicameral Relations) Bill (National Assembly Bill No.44 of 2023) be now considered. This Bill, which originated from this House, contains a raft of proposals to guide bicameral relations between the two Houses. I will be requesting the House to agree with the Departmental Committee on Justice and Legal Affairs to reject the proposed amendments from the Senate because they water down the Bill and seek to amend the Constitution through the back door. I would like to recast some of the issues that were contained in the Bill that we passed in this House. This Bill was first published in 2023.

It sought to give effect to Articles 109, 110, 113, 114 and 118 of the Constitution to foster the bicameral relations by prescribing procedures for ensuring seamless consideration of the legislative business of both Houses of Parliament. It sought to outline a framework to implement Article 110 of the Constitution which has been a basis of disputes between the two Houses. As you know, this particular Article has been of serious and tremendous contention between the two Houses as to the manner in which we should consider various Bills, in light of Article 110(3) of the Constitution. Hon. Temporary Speaker, secondly, the Bill that was sent to the Senate proposed parameters for the Speakers of Parliament to consider when determining whether a Bill concerns county governments. Thirdly, it sought to encourage collaboration by permitting co- sponsorship of Bills between Members of the National Assembly and the Senate. It also outlined procedures for joint proceedings, mediation and joint committees of Parliament. As you are aware, there has not been a procedure in the Standing Orders of both Houses, the National Assembly and the Senate, that allows Members of both Houses to co-sponsor a Bill. For instance, we were seeking to co-sponsor the constitutional amendment on the entrenchment of various funds in the Constitution, but the Standing Orders do not allow Members of the other House to co-sponsor that Bill with us. Fourthly, the Bill was passed and sent to the other House for joint public participation. As you are aware, the various committees of this House conduct public participation on a raft of Bills. The Senate also considers Bills that touch on the counties that are sent there. They restart the process of Article 118 of the Constitution which wastes public funds. This Bill seeks to introduce a procedure for ensuring that we do not duplicate public participation in an effort to pass a number of Bills. Finally, the Bill also requires both Houses to adopt alternative dispute resolution. There has been a rush by the other House, in many instances, to seek the courts’ interpretation on a number of issues that this House has passed. This House has never taken the Senate to the Judiciary or through a judicial process. Instead of sitting down and agreeing on our issues, the Senate rushes to the courts of law to seek protection from the Judiciary, which is another arm The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

of Government. We should resolve our issues that are of interest to Kenyans. This is completely out of order. This Bill seeks to resolve these issues. The Departmental Committee on Justice and Legal Affairs considered the Senate amendments, and proposed to reject them. I will request Hon. Murugara to second this particular Motion. He will give the reasons for proposing the rejection. I have gone through the Report which is very succinct and cogent in the reasons they have provided for the rejection of the proposed amendments to the Bill that was approved by the House. I am in complete agreement with that Report. So that we do not spend a lot of time, I will truncate to what I consider to be very important. There is a recent decision by the Supreme Court, arising from an appeal from the Court of Appeal by the Senate. The Senate had sued the National Assembly on a number of Bills that had been passed by this House, without referring them to the Senate. We considered that they were Bills that had nothing to do with the county governments. They took us to the High Court in the first instance which invalidated 23 Acts of Parliament that had been passed by this House. The Court of Appeal similarly attempted to invalidate those legislations. However, when the appeal was taken to the Supreme Court, in its decision and finding, it found that 21 Acts of Parliament had nothing to do with the Senate, including the National Government Constituencies Development Fund (NG-CDF). They found these particular legislations to be within the remit of the National Assembly. The various orders that were sought by the Senate were all summarily dismissed. For the avoidance of doubt, the orders that were sought by the Senate were dismissed by the Supreme Court. The Senate sought that a mandatory injunction be issued against the National Assembly from considering Bills that touch on counties and have not been referred to the National Assembly. Secondly, they sought to invalidate 21 Acts of Parliament to be unconstitutional. The Supreme Court found that 21 Acts of Parliament were indeed constitutional. They rejected that particular request by the Senate. The Supreme Court also found that the Senate had no role in the origination, consideration and enactment of money Bills as per Article 110 of the Constitution. They also found that the National Assembly has the exclusive role in the origination, consideration and enactment of money Bills. Finally, this was the order of the Supreme Court: the constitutionality of the Parliamentary Service Act was not an issue and could not, therefore, be considered by the Supreme Court. That was left for determination by the High Court. The findings of the Supreme Court, which I have just mentioned, are, therefore, critical to the consideration of the Senate amendments that have been proposed to this House. They run afoul and are completely in contravention of the finding and decision of the Supreme Court. I wish to laud the Supreme Court for the stoic decision and guidance that they have given in finality, and setting the record straight in ensuring that there is harmonious relationship between the two Houses. In conclusion, recently, we passed a request from the Independent Electoral and Boundaries Commission (IEBC) selection panel where they had sought for an extension of 14 days. This House passed that request. When it was taken to the Senate, they questioned the manner in which that proposal was sent to this House. In fact, they said that the Speaker of this House ought not to have received it, and forwarded it to the House. This request was made to the Speaker in his capacity as the Chairman of the Parliamentary Service Commission. To question the law which both Houses passed is a zero-sum game and argument by the Senate. It seeks to impede the character of the Speaker. In fact, I am seeking to impeach the character of the Speaker. I found it to be completely out of tune by throwing tantrums that are completely unnecessary. In fact, the Mover of that particular request, my very good friend Sen. Khalwale, said he did not even know why he was The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

moving it, yet he moved it. I thought it was a joke of the century that someone moves a request and says that he does not know why he is moving it. And they eventually passed it. Some of the things this Bill seeks to bring to rest are completely contradictory. So, I request this House to completely agree with the proposals of the Departmental Committee on Justice and Legal Affairs and reject the proposed amendments by the Senate. They seek to amend the Constitution through the back door. They seek to amend Articles 109(3), 114 and 110 of the Constitution that give power to this House. We did not propose this Bicameral Relations Bill so that the Senate proposes amendments that will water down the constitutional provisions without amending the Constitution. If they want to amend the Constitution, let them bring the proposed amendment to the Constitution and they must comply with the requirements of amending the Constitution. With those remarks, I beg to move and request Hon. Murugara to second.

Proceed, Hon. Murugara.

Hon. Temporary Speaker, I beg to second this Motion. I advise the House that when the vote is called, we will be rejecting the Motion that the proposed amendments by the Senate should not be considered such that those amendments will actually be lost and the Motion will also be lost. I must start by stating that I have read the judgement of the Supreme Court delivered on 21st March 2025 while we were away on a short recess. Allow me, Hon. Temporary Speaker, to laud the Supreme Court for having resolved a dispute that had dragged for six years between the two Houses of Parliament. This was an excellent piece of work from the Supreme Court and they deserve a pat on the back for having resolved this and having clearly stated what should go to the Senate and what should not go to the Senate. It is unfortunate that for six years, there was a duel in the courts between the National Assembly and the Senate on the interpretation of Article 110(3) of the Constitution which requires the two Houses to resolve any question whether a Bill concerns county governments or not. From this particular decision, it was most bizarre that the interpretation by the Senate was that all Bills have to be taken to the Senate even Bills that have nothing to do and have no single provision concerning county governments. This is what they are trying to do again. We will show with the intended proposed amendments by the Senate that they are actually going on the wrong tangent. This interpretation by the Senate was not only erroneous, but also ignored the existence of Article 109 of the Constitution which provides that Bills that do not concern county governments need not be considered by the Senate, but have to be considered only by this House. Therefore, this judgement is commendable in that it has settled the long dispute of six years and has clearly expressly provided what falls under Article 110(3) of the Constitution that it is only Bills that concern counties that possibly have questions arising to be determined by the two Speakers. Article 96 of the Constitution clearly states the mandate of the Senate, which is to represent and protect the interests of the counties especially in the matters legislation and matters Parliament. The legislative mandate of the Senate is limited to Bills concerning county governments and not all Bills as the Senate has tried to make us believe and was trying to make the courts to believe which was rejected by the courts. There are obvious Bills which must be taken to the Senate including money Bills. What we have in mind includes the Division of Revenue and County Allocation of Revenue Bills. Without saying, those ones go to the Senate. Where a question arises, the two Speakers have to resolve it. The Departmental Committee on Justice and Legal Affairs keenly scrutinised the amendments proposed by the Senate and having carefully looked at them, we call for their rejection. The reason is that the Senate indirectly tries to perpetuate an unconstitutional practise The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

and misconceived arguments which they made in court and which were lost. When the drafters of the Constitution came up with what we have, and which we passed in 2010, they had in mind a bicameral Parliament that was to work seamlessly and was to be guided by distinct mandates of each House. This is why it took time to make provisions on what the National Assembly would do and what the Senate would do in turn. We also have the Fourth Schedule where it is clearly defined what which House is supposed to do the functions are clearly demarcated between the national Government and those of county governments. Therefore, I wonder why anyone would ignore these very well thought out constitutional provisions and waste six years in courts battling what should go to the Senate and what should not go to there. Having carefully read the judgement of the Supreme Court and having looked at Paragraph 95, which is in black and white, it now goes unquestioned where the concurrence process should be sought. Having looked at this and the proposed amendments, we are left with no option, but to urge this House to reject them. We oppose this Motion and let everything from the Senate fall by the wayside. We will go for mediation after that and we will demonstrate to the Senate what exactly the Constitution says and what exactly we painstakingly went through when we were coming up with the report on the Bicameral Relations Bill which Hon. Chepkonga had taken pain to draft and urge it through this House to success. As I conclude, let me take the House through what the Senate is proposing. As regards Clause 6, the Senate proposes the following: To delete the entire Clause 6 and substitute therefor the following new clause: Clause 6 (i) says that before a Bill is Read for the First Time in the House originating the Bill, the Speaker of that House shall, pursuant to Article 110(3) of the Constitution, invite the Speaker of the other House to jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill. What the Senate is proposing is that before any Bill is read in this House, first and foremost, the two Speakers must burn the midnight oil, spend time and expend national resources to sort out whether a Bill concerns counties or not. It is clear to this House that there are Bills which have nothing to do with counties and the Senate. Therefore, the Senate should not call us to waste our time, resources and energy debating on whether a Bill concerns a county or not. This is a bad proposal which must be rejected. If I had more time, I would have gone through the entire proposed amendments from the Senate on this Bill. None of them qualifies to be considered by this House. With those very many remarks, I beg to second the rejection of the amendments from the Senate, and the rejection of this Motion.

Hon. Pukose.

Thank you, Hon. Temporary Speaker. I stand to support the position taken by the Committee on the consideration of the Senate amendments to the Houses of Parliament (Bicameral Relations) Bill (National Assembly Bill No.44 of 2023). I also want to make my contributions on the Supreme Court judgment. Apart from the determination of the issues of application of Article 110(3) of the Constitution and Article 114 of the Constitution on money Bills, the Senate also sought the invalidation of 23 Acts of Parliament which had been enacted by this House, as stated by Hon. Chepkonga. The Senate sought the invalidation of the Acts of Parliament on the ground that they were enacted without the Senate’s participation. They include several Appropriation Acts that have already authorised expenditures of funds for provision of public services to the people of Kenya. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

The Senate also sought to invalidate the National Youth Service Act, the Kenya Coast Guard Act, and several Statute Law (Miscellaneous Amendment) Acts for several years. I am giving these examples to illustrate how far the dispute of the legislative mandate of the Senate had gone. It has reached the extent of throwing the country into a crisis by seeking invalidation of key Acts of Parliament that touch on critical sectors of the country. I am, therefore, pleased to note that the Supreme Court judgment has averted a definite crisis by upholding the constitutionality of the 21 Acts of Parliament although it has taken six years. I hope in the future, the courts will move with speed because justice delayed is justice denied. The Senate amendments as explained by the Chair of the Justice and Legal Affairs Committee (JLAC), Hon. Murugara, do not align with the Supreme Court’s guidance. The proposed amendment of the two Speakers spending time to determine whether a Bill concerns counties or not is something that the drafters of a Bill will indicate. Therefore, spending time to decide whether a Bill concerns counties or not is a waste of time. That is not the direction we should take. The Senate and the National Assembly arguing between themselves wastes time that eats into the expectations of many Kenyans. Ordinarily, the country waits Parliament to enact laws that will give service to the people. Therefore, any delay through arguing to determine whether a Bill should have originated from the Senate or the National Assembly, denies service to the people. With those few remarks, I support the Committee's position and oppose the proposed Senate amendments.

We shall have the Leader of the Majority Party, who will be followed by Hon. David Ochieng’.

Thank you, Hon. Temporary Speaker. I also rise to support the Committee's position on the Consideration of the Senate Amendments to the Houses of Parliament Bill. As the Mover, Hon. Chepkonga, said when he was moving the Bill, many of the amendments of the Consideration of the Senate Amendments to the Houses of Parliament (Bicameral Relations) Bill that have been proposed by the Senate have been overtaken by time. It is important to note that as the House considers the amendments passed by the Senate, at the time the Committee was considering the Bill, the Supreme Court's ruling had not come out. However, now the Supreme Court ruling is out. I take this opportunity to note with great appreciation, the great work that has been done by the judges of the Supreme Court in arbitrating on a matter that should never have ended up in court in the first place, leave alone finding its way up to the Supreme Court of the Republic of Kenya. These are issues that the two Houses should have resolved between them. In Chinua Achebe’s book of Things Fall Apart, Okonkwo noted the desire to celebrate all our achievements, irrespective of whether other people are celebrating them or not. He said that the lizard that jumped from the tall Iroko tree to the ground has to celebrate and praise itself if no one else does. We are at such a point as the National Assembly. Having jumped from our big Iroko tree - we must celebrate, whether anybody else praises and celebrates us or not - our fortitude and commitment to the spirit and letter of the Constitution of the Republic of Kenya that was promulgated by Kenyans in 2010. We have been vindicated by the Supreme Court.

The Constitution of the Republic of Kenya that was passed resoundingly by Kenyans in 2010, appreciating that we are now in a bicameral system of Parliament, gave specific functions and duties to each of the two Houses. That is why I am saying that we have gone The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

through a painful six-year period. Many of us have agonised over those years on why we fight in court with the Senate. We have had many court cases, even in the last Parliament. I am lucky that when the 23 Acts of Parliament were passed, I was a Member of this House. Through the agonising six years, many Members of this House almost gave up. Members often questioned the House leadership and the Speaker of the House on the need to keep fighting in court. Some Members suggested that we re-enact the laws and send them to the Senate. However, many of us believe in the position espoused in our Constitution, that, as much as we have a bicameral Parliament, there are specific functions and responsibilities for each House. The Constitution is clear on which Bills should go to the Senate and which ones need not go. That is why I take this opportunity to celebrate the Supreme Court judges and this House for staying true to the provisions of our Constitution. We refer Bills to the other House not out of benevolence or pity in order to please people in the other House, or because we are unable to enact laws. We refer Bills that ought to be referred to the other House because these are the dictates of the Constitution. We do not refer to the other House Bills that should not because the Constitution dictates. For instance, I must mention matters that touch on money Bills because I know we are in a mediation process over the National Lottery Bill. I saw the Senate attempting to bring in amendments that touch on taxation. Those matters are clearly not under the purview of the Senate, as provided for in our Constitution. I take this opportunity to remind the Chair of the Departmental Committee on Finance and National Planning and the Chair of the Departmental Committee on Sports and Culture, who are leading the Mediation Committee between us and the Senate, that nothing touching taxation and administration of tax should be considered in the Senate amendments. That was a disingenuous way of the Senate trying to participate in tax matters by introducing amendments to a National Assembly Bill. The Senate is introducing amendments that touch on tax administration matters so that we go into mediation and start haggling over those matters. The Supreme Court has set the record straight. Many Members despaired along the way over the past six years. As painful as it has been, we have learnt our lesson regarding how not to resolve bicameral disputes. For six years, immense public resources have been spent on paying lawyers. Immense time of our officers in the National Assembly and the Senate has been spent. That is at a time when our internal lawyers and public officers who work in Parliament would have been doing other meaningful things. They spent time fighting disputes in court over a matter that would have been resolved within Parliament without ever having to go to court. Let me conclude by saying that the Supreme Court ruling is a win-win situation. It is a win for Parliament as a whole. Both Houses have now been reminded of their constitutional responsibilities and the limits of their respective mandates. It is now clear where our mandates begin and end. It is now time for both Houses to discharge their responsibilities and observe their constitutional limits diligently without haggling or throwing words at each other. When I began, I said this is a win-win situation for Parliament and a win for the Constitution of Kenya that created all public institutions, the Supreme Court and the two Houses of Parliament included. Many of the amendments that the Senate proposed to this Bill have been spent because the Supreme Court judgment has dealt with them in great detail. Those who have taken time to read the judgment will see that the Supreme Court judges took much of their time considering all the issues. Therefore, time events that include the judgment overtake many amendments. We should not be taken back to Egypt. Let us get out of Egypt and cross the Mediterranean Sea by agreeing with the Committee to reject all those amendments, as the Chairperson said.

Hon. David Ochieng’, before you contribute, I want to recognise in the Public Gallery the presence of students from P.C.E.A The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Chogoria Town Church in Thigaa of Maara Constituency in Tharaka-Nithi County. I think we have the Member for Tharaka in the House. He will represent the Member for Maara Constituency.

Hon. Murugara, look this side. This is the Public Gallery. The other side is the Speaker’s Gallery. Go that way if you want to get closer so that they can see you.

Thank you very much, Hon. Temporary Speaker, for giving me this chance to welcome the team from Maara Constituency. This is on behalf of my good friend, Hon. Kareke Mbiuki, who is not here. I sincerely welcome them to observe the proceedings and see what happens in the august House, where elected leaders represent the interests of the various communities in the country.

Yes, Hon. Ichung’wah. Proceed.

Thank you, Hon. Temporary Speaker. Let me also take this opportunity to welcome the group from Chogoria in Tharaka-Nithi County. I hear the Member for Buuri saying it is PCEA. I wanted to say these are very good people from Chogoria. As he says, it is the second home of the Scottish missionaries who established the Presbyterian Church of East Africa. They first arrived in Kibwezi before they moved to the cooler areas of Kikuyu. Chogoria is the only other place they found as cool and good as Kikuyu. I take this opportunity to welcome the visitors to the House. The people of Tharaka-Nithi, otherwise known as ‘the stronghold’, are very good people. I was in Chogoria last week, accompanying the President on a tour of the mountain. The people of Tharaka-Nithi and Chogoria can tell you that, indeed, the mountain is intact. The people who claimed to have written a will on behalf of the people of Mt. Kenya are wrong. Even the visitors here today will tell you that they have the capacity to decide whom to vote for, including their Member of Parliament and other leaders, without having to look at wills written by individuals. When we went to Chogoria last week, the people there told us that anybody who wants to do a will should do so for their wife, their two boys, or any other persons they may have out there. He should not do so for the people of Kenya, Chogoria or the people of Mount Kenya region.

Hon. David Ochieng’, can I give an opportunity to the Leader of the Minority Party before you proceed? You had caught the Speaker's eye, but I am sure you respect your Leader of the Minority Party.

I yield the Floor to him, Hon. Temporary Speaker.

Thank you. You may proceed, Leader of the Minority Party.

Thank you, Hon. Temporary Speaker. I thank Hon. Ochieng’ for ceding his time to me. Hon. Ochieng’ is a potential presidential candidate from my area. We are looking at him with good eyes. I told him he has to wait for some time. It is not long now. He is almost there.

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I stand to oppose this Motion. Why do I say so? The issues we are canvassing here this afternoon have been longstanding since 2013 when we became a bicameral Parliament. We have been having these issues. I remember I was in the Parliament that was grappling with the idea of whether to seek opinion from the Attorney-General or scholars on what the mandate of the two Houses were. I am now very happy because the Supreme Court of Kenya has pronounced itself on this matter. These matters have been very clear from the word go. Anybody who could read the Constitution could understand Articles 94, 95 and 96. That is why, under the initiative of Hon. Chepkonga, this House decided to initiate a Bill that can at least demarcate the functions of the two Houses. However, apparently, the Senate, in their own wisdom or lack of it, decided to return the Bill with outrageous amendments that negate the whole purpose of the Bill. I remember vividly one time when Senators moved to court, dancing on the road. We were sitting here watching them on television. They were literally dancing. Hon. Naomi Waqo, the Deputy Whip of the Majority Party, says she was a Member of that Senate. They took 24 Bills that we passed in this House, danced on the road like people who had won an election or something, and went to court with the sole purpose and intention of demonising, intimidating and making the National Assembly look bad. Yet we knew very well, and we had clarity of mind, that the Senate had no role in those Bills. In the end, we got vindicated the other week when the Supreme Court made their ruling. Public resources were wasted in the litigation process. The functions of each Houses are now very clear, like the difference between day and night. Debate on the functions of the Senate and the National Assembly must end this afternoon. Going forward, the Senate must know that the Supreme Court has clarified what they are supposed to do. We had reached a level in this bicameral Parliament where the Senate was demanding that taxation, budgetary and money Bills must be referred to the Senate before they become Acts of Parliament. The Supreme Court has ruled with clarity that the Senate of the Republic of Kenya has completely no role in money Bills. They can only deal with the money county governments share among themselves through the County Revenue Allocation Bill. Anybody who read the Constitution properly knew very well that the Senate had no role at all in money Bills. However, they decided on their own volition to take the matter to court. First, they took it to the High Court, they lost. They went to the Court of Appeal, they lost. They went to the Supreme Court, and it has concluded the matter with finality. The Senate is supposed to deal with matters concerning counties while the National Assembly is supposed to deal with issues that concern constituencies. When the Constitution is very clear and you have been told you are supposed to deal with matters concerning counties, why do you want to infringe on other people’s work? If you feel that the Senate has no much work to do, in the next election contest in a constituency and come to the National Assembly to do a lot of work. Oversight of national organs is the mandate of the National Assembly. I see the Senate summoning the Kenya Pipeline Company and the Kenya Power Company. If I was the Chief Executive Officer (CEO) of that organisation, I would not appear before the Senate. You can send me as many summons as you want. We have to adhere to the Constitution. The Constitution has demarcated the boundaries. The Senate is supposed to deal with matters concerning the counties. Now that we have a Supreme Court judgment, I do not know what they are going to do. Whether the Senate has powers to annul the judgment of the Supreme Court, we will wait to see. It looks like the Senate has powers to do anything. They can even annul a judgment of a court.

I know our colleagues feel that they are supposed to do everything that the National Assembly does. Unfortunately, the Constitution is what guides us as a nation. Why are they shying away from dealing with issues concerning counties? We have 47 counties. The main The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

benefit Kenyans got from the current Constitution is devolution. If I was a Senator, I would be preoccupied with how to fortify and make devolution work. That is where the rubber meets the road. That is where Kenyans are supposed to be served. It looks like it is more lucrative to deal with national issues. You saw what happened last year: Every small national issue that came up and needed to be dealt with by the National Assembly was taken up by the Senate. It made the National Assembly look like it did not know what it was doing. We have been waiting for the Supreme Court judgment. That is why we were quiet. We were saying: Let the Supreme Court rule so that we know where our beacons are and how far we can go. We must have clarity in this country. Otherwise, even county assemblies will soon demand the work of the National Assembly or that of the Senate. Senators should do what they are supposed to do and confine themselves to the work they have been given.

Look at what they have done to this Bill. Hon. Chepkonga and company brought a Bill on bicameral relations to help in the smooth running of the business of Parliament. What have they done? Because they thought they were going to get a favourable judgment from the Supreme Court, they amended the whole thing in a manner that it becomes useless. I am very happy today because in my lifetime, before I leave this House, we know the functions of the National Assembly and the functions of the Senate. I want to read out verbatim what the Supreme Court: ‘The exclusion of the Senate from participating in the enactment of money Bills is not an anomaly but deliberate as it aligns with established legislative practices in other asymmetrical bicameral systems.’ That is the Supreme Court talking, not me. It has recognised the critical role of financial legislation in ensuring the smooth functioning of the State and the effective delivery of public services. Many constitutions prescribe specific legislative procedures for money Bills. These provisions are designed to avoid conflicts between the chambers of the bicameral Parliament and to prevent prolonged deadlocks over financial matters that could hinder governance and economic stability. What the Senate was trying to do was to hinder economic stability in this country by usurping the power of the National Assembly. In the last 10 years, what the Senate has been trying to do is what I would describe as a power grab. They wanted to grab the powers of the National Assembly. The power of the purse is with the National Assembly. I would have gone further to recommend that the Division of Revenue Bill does not need to go to the Senate. It is a money Bill by all intents and purposes. The National Assembly has been given powers by the Constitution to initiate all Bills, including money Bills and Bills concerning counties. Our brothers in the Senate cannot initiate money Bills anymore. They can only initiate Bills that concern counties. We can initiate Bills that concern counties and money Bills. We can originate Bills on taxation, appropriation and budgetary matters. All that belongs to the National Assembly. We are going to perform our duties professionally and diligently for the good of the country. We got to an extent where the Senate described us as the lower House. The Constitution prescribes our functions and it makes this House the upper House. When you do not have the power of the purse, how can you call yourself the upper House? In my view, to reduce the wage bill of the country, the Senate should meet quarterly to look at county issues. Four sittings in a year is enough for the Senate. You can sit three times every week, but there is no business to conduct. That then forces you to infringe on other people’s constitutional functions. Why can they not just sit once in three months to look into issues affecting the counties, audit their books, then go home and rest? Four times in a year is good enough for the Senate to sit. I am not saying that in a derogatory manner. I really mean it. That is how we will reduce our wage bill as a country. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

I never thought that such a day would come in this country. The Senate took 24 Bills that were passed by this House to court. The court only agreed with them on two Bills while the rest were declared constitutional. How much money do you think the Senate and the National Assembly have spent on litigation? A lot of money has been spent. Whose money is that? It is the taxpayers’ money. There was no need of taking those Bills to court. There should have been an amicable way to solve that problem. The two Houses could have sat and solved the issue. The court even stated that the concurrence that is required on Bills by the two Speakers should only happen when somebody raises it. If nobody raises it, there is no need for concurrence and the Bills can proceed. I know there are age differences in the memberships of the two Houses of Parliament. Senators may be older than us, but the Senate is not an African organisation. The Senate is a constitutional organ that performs its functions in accordance with the Constitution. Therefore, we should not bring in issues of African customs that demand we respect people who are older than us. Some Senators are young.

Give him additional two minutes.

Hon. Temporary Speaker, some of our colleagues in the Senate are young and vibrant. I beseech and advise them to vie for seats in the constituencies in the coming election. That is where work is. Hii nyumba ya wazee, achiawazee.

Order, Leader of the Minority Party. You cannot mix two languages in one contribution. You either use Kiswahili or English. You started in English, finish in English.

Hon. Temporary Speaker, I am using the term ‘ nyumba ya wazee ’ because I do not know how to describe ‘ nyumba ya wazee’ in English. What is it called? Is it the house of old men or the house of lords? There is no much work being done there.

The young Senators who are my agemates and contemporaries should vie to be governors or Members of the National Assembly in the next election, so that they do not feel bad and misused, or that their energy is not being utilised in their prime. Come to the National Assembly, where you will deal with budgetary issues including taxation, appropriation and issues that concern constituencies as well as issues of national concern, not just issues that concern counties. Issues that concern counties include burial permits, how to bury pets when they die, sewage and water issues. Those are the issues that concern the counties. Let us stick to our lanes. With those few remarks, I oppose this Motion.

Hon. David Ochieng’.

Hon. Temporary Speaker, this is the longest I have had to wait to speak. I agree with Hon. Junet, who is my friend, on all he has said. The Senate amendments to the Houses of Parliament (Bicameral Relations) Bill are all in bad faith and must be rejected. I have said it before, and I will repeat that in 236 years, the Senate in the United States of America (USA) has never sued the House of Representatives and vice versa. Whenever a citizen has gone to court to get those two Houses to fight, the courts have declined and stated that it is not their province or jurisdiction. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

The first sin in this case was when the High Court in 2013 adjudicated what the National Assembly and the Senate would each handle. It was wrong and I am happy that the Supreme Court has now set the record straight. Good practice, neatness and cordiality require that the two Houses should never have to sue each other. They should never have to take each other to court because we are adults. These are the highest law-making bodies in the country. We form the most powerful arm of the Government because we can impeach a president. We impeached a deputy president just the other day. We cannot demonstrate bad manners by suing each other in court. I agree with what the Supreme Court decided. I also believe that there was a misunderstanding when we started implementing devolution. Some people gave themselves the job of ‘protecting devolution’ or ‘protecting counties.’ If you look at how much money the counties spend on legal fees, how much money the Council of Governors spends on legal fees, and how much money Parliament has spent on legal fees, you realise that there is so much smoke and no heat. That causes confusion, creating a situation where people think that we are fighting and yet there is nothing to fight about. As we move forward, I want to challenge the Senate that 13 years since the implementation of devolution, there is no county which has running water in every homestead. There is no county where you will find uniform service in every dispensary. There is none. There is no county where agriculture is being run well. We have allowed the county governments to replicate the structures of the national Government. They have cabinet secretaries, principal secretaries and directors. They then come crying to us about how they have no money to spend. Why would the county governments have structures similar to those of the national Government? There is so much that the Senate could make laws on. I hear the Senate talk about our military and foreign relations, yet there is a lot that does not work in the counties. As Hon. Junet has just said, the Senate has so much power, but they do not use it, yet they want to amass more. It is not their province. I am happy with what has been said this afternoon. Devolution is meant to help people make decisions at the grassroot level. I am certain that three-quarters of the 47 governors in Kenya live in Nairobi. You will meet them in Nairobi almost every week, either at the Senate or just loitering around Nairobi.

The National Assembly must descend into that arena. We cannot close our eyes anymore and leave it to the Senate. This Assembly must discipline how counties work. In fact, I want to request the leaders of the Majority and Minority parties to start doing the work of the Senate since the Senate has been taking over the responsibilities of the National Assembly. We should start overseeing the work of the counties and ensure that the Senate is doing its work. If not, we will start summoning the governors. The governors should appear before the Departmental Committee on Justice and Legal Affairs to answer questions on legal affairs. If they cannot answer questions on how they use their money, the Parliamentary Service Commission (PSC) should summon them because the Senate has refused to do its work. The Supreme Court has done something commendable. I hope their ruling will end this cat and mouse drama. I hope it will end the catfights because as you may be aware, we just finished the process of unbundling the functions of the National Assembly and the Senate last month. How I wish the Senate could push for the costing of those functions and ensure that funds are allocated towards their implementation. We have seven commissioners in the Commission on Revenue Allocation (CRA), whose only job is to work on a formula of distributing money between the national Government and the county governments. It is their only job, and they are full-time commissioners. The Senate is just watching. The work of entrenching devolution in this country requires forethought and deep understanding of the work The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

that is needed. It also requires a Senator to sit back and know what they can do to ensure that the county governments work well. When teachers are being employed, Senators want to get involved. When we are doing housing policy, they want to get involved. When we are sending police to Haiti, they want to get involved. There is so much to be done in the counties. Sports are almost dead. Our industries will be mounted. This country will grow on the back of industrial development in the counties. I request the Senate and my friend Senators that they will do well in having a model law on health for the counties to follow. They will do well in having a model law on agriculture for the counties to follow. They will do well in having proper sports law for the counties to emulate so that they can develop sports and work with sports. They will do well in having a proper law to guide Early Childhood Development (ECD) and early childhood learning. They will do well in ensuring that the county governments they have today are planning their counties well. The county governments require guidance. It is the role of the Senate to ensure guidance is given. I request the Senate to read the Constitution and get to know what their functions are. Can they, for a single moment, work on their functions so that the county governments can work well? As I yield the Floor, I want to request the two Speakers of our Houses not to get distracted on the journey they have started to ensure that we are not going to court again. Do not get distracted by cordiality. Finally, I also request the management of Parliament to ensure that we do not spend any more cent and time in supporting any court cases between these Houses of Parliament. I yield. Thank you.

Member of Parliament for Kajiado Central.

Thank you, Hon. Temporary Speaker, for giving me this opportunity. Before I delve on the matter of the Supreme Court, allow me to pass my condolences to the passing of...

On a point of order.

Are you on a point of order, Hon. Atandi? Ordinarily, I am used to you sitting on this side of the Aisle, but now I can see you. Proceed, Hon. Atandi. What is your point of order?

Hon. Temporary Speaker, I rise on Standing Order 95. I have read the mood of the House and seen that Members are in agreement that we reject all the amendments from the Senate. Therefore, I would like to suggest that we call the Mover to reply. Thank you.

Order! Hon. Members. Is that Hon. Member of Parliament for West Mugirango?

Okay, fair enough. Hon. Atandi, the Chair has a responsibility to protect the minority in the House. I know the Standing Order. I also know another Standing Order that says the Speaker should allow people to say what they want. Hon. Memusi, proceed. I will also give a chance to one or two Members. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Thank you very much, Hon. Temporary Speaker. As I was saying, allow me, first of all, to give my condolences to the family of the late Hon. Teiyiaa, who was the immediate outgoing Woman Representative for Kajiado County.

Order! Listen to Hon. Memusi. He is giving condolences on an old colleague who has since passed on. You should be quiet and listen. Proceed.

Thank you, Hon. Temporary Speaker. Colleagues should have some respect for their own. Allow me to give condolences to the family of the late Hon. Teiyiaa, who was the immediate outgoing Woman Representative for Kajiado County. I know a lot has been said about Hon. Teiyiaa. We served with her in the 11th and the 12th Parliament. She was an exceptional lady who scaled up despite all odds. Despite being differently abled, she became an outstanding leader. Today, Kajiado County mourns an exceptional lady. She was not deterred by her disability. Despite Kajiado County being extremely vast, she tried to traverse the entire county. She even went to rural places. I remember one meeting that really touched the hearts of women in my constituency where she showed up even though it had rained heavily where even some people who did not have any physical challenges would not dare use the bad roads to reach the venue. She made an effort and got there. She was an exceptional lady. I pass my condolences to her family, especially her children. Having said that, allow me to also contribute my voice to the ruling of the Supreme Court. Let me start by saying that the Judiciary, through the Supreme Court, has done a great thing for this country.

Hon. Memusi, the matter before the House is not the ruling of the Supreme Court; the matter before the House is the Senate Bill. So, you either oppose that Bill or you support it, but you can use the Supreme Court in collaboration.

Yes, in collaboration. Thank you, Hon. Temporary Speaker, for the guidance. The work of the Judiciary is the interpretation of the laws. Through the Supreme Court, the Judiciary has interpreted an area that we willingly allowed to become a grey area. The Constitution is very clear about the functions of the two Houses. The drafters of our Constitution envisaged a great country when they came up with devolution. When they came up with devolution, they looked for a House that would oversight counties. The main reason for Kenya's agitation for devolution was for services and resources to go down to them. It was for the people to rule themselves and make decisions directly that affect them. The Senate was supposed to make devolution work. It was supposed to make Kenyans feel the importance of devolution. Unfortunately, the Senate has failed in its role. In every county in this republic, you find very junior officers, so-called “revenue officers” moving around collecting money from poor Kenyans, not for the money to go to the taxpayers' kitty, but for that money to go into people's pockets. You would find revenue officers moving around markets, Ksh50 or Ksh100 from very poor woman who is struggling. You would find very junior officers taking money from sand harvesters and very odd businesses that Kenyans are trying to make ends meet. All this money is going to waste yet Senators are busy running around, crisscrossing on the functions of the national Government. You find the Senate summoning the Cabinet Secretary for the Ministry of Defence. What business does The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Senate have with the defence of this country? Despite the Constitution having been very clear on the mandate of the two Houses, that ruling puts the Senate in its place.

Hon. Temporary Speaker, with those few remarks, I submit.

Hon. Sunkuiya, followed by Member of Parliament from West Mugirango Constituency.

Thank you, Hon. Temporary Speaker. Before I contribute to the ruling, allow me to convey my condolences to the family of Hon. Janet Teiyiaa.

Hon. Oundo, let us hear the Member of Parliament for Kajiado West Constituency in silence.

Thank you, Hon. Temporary Speaker. I want to convey my condolences to the family of the late Hon. Janet Teiyiaa, who was the Woman Representative for Kajiado County from 2017 to 2022, and a nominated Member of Parliament from 2013 to 2017. Despite her condition, she was able to vie and lead the people of Kajiado after defeating a number of leaders who competed with her in the 2017 General Election. She is a person who came from an interior area and has done a lot for the people of Kajiado. She was a leader who demonstrated good leadership to her people. Therefore, I want to say pole to the people of Kajiado and the family. Before I end, let me contribute to the Motion and what the Senate is doing. They are Hon. Members who are loitering around Parliament, but do not understand their function and oversight role. When they come to Parliament, instead of offering oversight to their counties, they go around the counties taking lot of money in collaboration with governors without offering a single project to the people. If it happens again that we go for a referendum, we need to change this Constitution and do away with the Senate. Therefore, I submit. We are tired of the Senators and the country is also tired of them.

Hon. Mogaka, followed by Hon. Waluke.

Thank you, Hon. Temporary Speaker, for this opportunity to also oppose this Motion. Before I do so, may I join my fellow residents of Kajiado in mourning Hon. Janet. I live in Kajiado where she once represented us. I pray that the almighty God rests her soul in eternal peace. Coming back to the Senate Amendments, as a Member of the Departmental Committee on Justice and Legal Affairs (JLAC), I had an experience engaging with the Senate Committee on Justice, Legal Affairs and Human Rights. As parliamentarians, we sought to have joint sittings and engage, since we are rich in legal minds. We were to come up with a piece of legislation that was to be as progressive as the 2010 Constitution. Shock on me, the Senate JLAC stayed away. We soldiered on and presented a master piece of legislation which upon presentation to them they described it, to say the least, as ignominious. I propose that my colleagues join JLAC in rejecting those amendments in totality because they do not deserve to see the light of day. In doing so, it is clear that the Senate is trying to carve its way to waters that the Constitution of Kenya 2010 does not permit them to navigate into. Money matters are matters of the National Assembly and must be so protected. I also want to hail the determination by the Supreme Court of Kenya, the apex court, for pronouncing itself and stating the obvious. The Constitution of Kenya has outlined functions for the two legislative Houses. The Bill that was to deal with the behaviour and engagement of The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Parliament was merely going a step further, as lawyers say, so that we have no avoidance of doubt that there is no conflict in the functions of the National Assembly and the Senate. Hon. Temporary Speaker, I want to share with you that I have never had an occasion, again, to share a forum with any committee of the Senate. I just tried to attend a Senate committee sitting this afternoon that had invited my county, Nyamira County. Believe you me, Senate is presiding over the strangulation of Nyamira County. That is their core business. When you hear that there is a county in this country with two county assemblies and speakers with clear illegalities, and yet the Senate is sitting there struggling to be given legislative authority over money matters, it is a shame. I want to agree with my brother from Kajiado Constituency, that this Senate is not the kind that our Constitution contemplated. We contemplated a Senate that would be hands on to have our health facilities function. We also contemplated a Senate that would ensure that early childhood education is provided with infrastructure and permanent and pensionable teachers. We foresaw a Senate that would functionalise our agricultural sector so that we are food secure and become an exporting country. We contemplated a Senate that would stick to its lane and remunerate people who work for them. However, we have a Senate where pilferage occurs from January to January and every other time. I am so disturbed that the Senate had the audacity to recommend that these amendments be brought before us. Let us put it where it belongs. Let us assert our legislative authority and keep the Senate to their tuff. With that, I yield after vehemently opposing and calling out the management and dysfunction in Nyamira County to quickly come to an end because I host the county. They are in my constituency. The theft is going on in my constituency. Let there be rule of law. I cannot stay in a constituency that has no lights when the county is collecting revenue, but not paying bills to the Kenya Power Company (KPC). This shame must be brought to an end. The Governor of Nyamira County and other governors, please, wake up! The Senator of Nyamira County and other Senators, please, functionalise our counties. We meant well for devolution, but you have brought shame to this republic. Keep off legislation on money matters. I yield.

Hon. Waluke.

Thank you very much, Hon. Temporary Speaker, for giving me a chance to also contribute to this Motion.

On a point of order, Hon. Temporary Speaker.

What is your point of order, Hon. Atandi?

Hon. Temporary Speaker, I again rise under Standing Order 95 to plead that this matter has been extensively discussed, and we agree that this amendment should be rejected. Therefore, I request that the Mover be asked to reply.

Fair enough. Under the circumstances, since there is a lot of persistence and the Chair is supposed to look at both sides, I will put the Question that the Mover be called upon to reply.

Mover, please, proceed and reply.

Thank you very much, Hon. Temporary Speaker. Sometimes, our proceedings can be very interesting, as is the case today. I wish to sincerely thank all the Members. As Hon. Atandi, the Chairman of the Budget and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Appropriations Committee, has just said, we have flogged the horse too much, and we are all in agreement that the amendments proposed by the Senate ought to be rejected. As you know, many people in this country love to swim in the sea of uncertainty, chaos, and confusion. The Supreme Court has put brakes to this and, as you are aware, the Constitution provides that there must be clarity in everything. The Supreme Court, as Members have contributed, has, indeed, clarified the position on a number of those issues and has put them to rest. With those remarks, I want to thank the Members for supporting the rejection of this Motion. I want to bring to the attention of the Members that when the Question is put, we will not say, ‘‘Yes’’. We are going to say, ‘‘No’’ to reject the amendments from the Senate. I beg to reply.

Hon. Members, I have a small communication to make. In view of the fact that Order No.12 has been rejected, ipso facto, Order No.13(ii) is also not there. It is completely voided. Let us move to the next Order.

Hon. Members, we may resume our seats. This is a short Bill with a couple of clauses. I will just beg for your attention. As you would know from the Order Paper, there is no amendment to this Bill. Recognising the fact that this is the Chairperson’s first Division of Revenue Bill, we will give him all the support and indulgence required to make this run smoothly. I recognise the Vice-Chairman, Hon. Pukose of Endebess, who is also in the House.

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Hon. Members, I now call upon the Mover of this Bill, the Chairperson of the Budget and Appropriations Committee, to move for reporting.

Hon. Temporary Chairman, I beg to move that the Committee do report to the House its consideration of the Division of Revenue Bill (National Assembly Bill No.10 of 2025) and its approval thereof without amendments.

I now call upon the Chairperson to report to the House.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Division of Revenue Bill (National Assembly Bill No.10 of 2025) and approved the same without amendments.

Thank you. Mover, Hon. Atandi.

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said Report. I also request Hon. (Dr) Pukose to second the Motion for agreement with the Report of the Committee of the whole House.

Hon. Pukose.

Hon. Temporary Speaker, I second.

Hon. Members, for obvious reasons, we will defer the putting of the Question to the next time the House sits.

Next Order.

Hon. Members, we will defer this Bill to the next time it will be on the Order Paper.

Hon. Members, we will move to the next Order.

On a point of order, Hon. Temporary Speaker.

Hon. Oundo, what is out of order?

Hon. Temporary Speaker, this is the National Assembly that makes laws for Kenyans and prosperity of this country. Looking around the chamber, I hardly see more than five Members. I draw your attention to the fact that there is no quorum in the House to transact business. This is the National Assembly that transacts and makes laws in the interest and benefit of Kenyans.

Hon. Members, I have listened to the Member for Funyula. Therefore, I order the Quorum Bell to be rung for 10 minutes.

I order the Bell to be stopped.

Hon. Members, the time being 5.55 p.m., the House stands adjourned until 9th April 2025 at 9.30 a.m.

The House rose at 5.55 p.m.

The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.