Hon. Senators, it is my pleasure and privilege to welcome you to the Sixth Session of the Senate. It is my hope that you are well rested and looking forward to the last Session of the 12th Parliament and arguably, one of the most critical before the next General Election. Hon. Senators, one of the key highlights at the commencement of every Session is consideration of financial matters. Ordinarily, the Budget Policy Statement; the Medium Term Debt Management Strategy; the Draft Division of Revenue Bill; and the Draft County Allocation of Revenue Bill, are submitted to Parliament by 15th of February of each year. You will recall that in this particular case, these documents were submitted to Parliament on 30th November, 2021, as per the National Treasury Circular No. 8/2021 on the preparation of the 2022/2023 to 2024/2025 medium term budget, owing to the fact that 2022 is a General Election year. On our part, the Senate approved the Budget Policy Statement, 2022 on 22nd December, 2021. It is now expected that the National Assembly will introduce the Division of Revenue Bill, 2022 and refer it to the Senate for consideration and subsequent introduction of the County Allocation of Revenue Bill. The timeous conclusion of these two Bills and the Cash Disbursement Schedule will ensure that the budget instruments for the next financial year are passed before the Houses of Parliament is adjourned and will facilitate a smooth transition for the incoming administrations at both the national and county levels of government, after the General
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Elections. In this respect, all Hon. Senators are urged to be available to consider the aforesaid instruments. Hon. Senators, you will recall that during the Fifth Session, Senators went above and beyond the call of duty in discharging their constitutional mandate and, considered and passed 26 Bills, three of which have since been assented to and are now law. The other 23 Bills referred to the National Assembly are at various stages of consideration. A total of 26 Senate Bills and three National Assembly Bills are pending conclusion in the Senate, while one Bill is at the Mediation stage. A further 20 Bills are undergoing the concurrence process pursuant to Article 110(3) of the Constitution. Additionally, there are 46 petitions which are yet to be reported on by the respective Standing Committees alongside Statements pursuant to Standing Order 47 and 48. From the aforementioned, the Senate begins the Sixth Session with an already full plate. As you are aware, hon. Senators, at the beginning of each new Session, the Sessional Committee on County Public Accounts and Investments and the Committee on Delegated Legislation are re-constituted. Similarly, the Senate Business Committee is also reconstituted. At the appropriate time as indicated on today’s Order Paper, the Senate Majority Leader will Move a Motion for constitution of the Senate Business Committee. If the Motion is carried, the Committee will meet at the rise of the Senate to consider and schedule the business of the Senate. The Committee will also deliberate on the matter of Sessional Committees and submit names for approval, after consultations with the Majority and Minority Parties, in line with Standing Order No.189. As we begin the new Session, hon. Senators, we are all alive to the fact that this is an election year. I am certain that navigating the Senate through this period will certainly present its fair share of challenges. However, I urge all of us to debate passionately while upholding decorum and dignity of the Senate. This way, we will remain a beacon of hope and maintain our dignity as a House and as a people. We will also pass the business before us quicker. In conclusion, I take this opportunity to remind each of you that we are not yet out of the woods as regards the COVID-19 pandemic. We must exercise caution and strictly adhere to the guidelines for social distancing and keeping safe in our interactions within the precincts of Parliament and our individual day-to-day engagements including Committee sittings. As always, my Office and that of the Clerk are always at your disposal to facilitate you to undertake the constitutional mandate of the Senate. I wish you all a fruitful Sixth Session. Thank you.
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Hon. Lusaka): Senate Majority Leader, proceed.
(Sen. Poghisio)
Next Order!
(Sen. Poghisio)
Mr. Speaker, Sir, I beg to second and beg that, unless there are very serious concerns about the proposed names, without that committee, it will be difficult to start business commencing tomorrow. In the other House, when they could not agree on the names, they had to adjourn the House until another House had to be convened. Therefore, I second and hope that at the rise of the House, the House Business Committee will be able to sit and determine the business that will come to the House tomorrow going forward. As we said, this is a very important period. In the next three or four months, we are going to be so busy because there is a lot of pending legislation and matters that need to be resolved by both Houses of Parliament. I beg to second.
Proceed, Sen. Khaniri.
Mr. Speaker, Sir, allow me to support the Motion as moved by the Senate Majority Leader and seconded by the Leader of Minority. This is a procedural Motion as it was said. We really need to approve this list so that this team can retreat and generate business for the House. I was just observing and sharing with my leader, Sen. Orengo. The Standing Orders that provides for the formation of this Committee is very explicit. The only mandatory people to sit in this Committee is yourself, the Speaker as the Chairman, the Senate Majority Leader, Senate Minority Leader and the two whips. Those are provided
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for in the Standing Orders. It is for the leadership to decide who the additional Members will be. Mr. Speaker, Sir, every Session when we begin, you see the same names being recycled. I wonder why they should not give an opportunity to other Members to have that privilege to serve on this very high standing Committee. I was asking Sen. Orengo, why he would sit there as the Senate Minority Leader with Sen. Madzayo who is his deputy. For you, the Senate Minority Leader, it is mandatory but your deputy should cede way so that other Members who are not in leadership can also get the opportunity to serve on this Committee. I have no problem with any Member that has been proposed. I support. I know they are all capable. In future, it is extremely important that we give the opportunity to other Members to have that experience of serving on this Committee I have served in the Houses of Parliament for six terms; four terms in the National Assembly and two terms in the Senate but I have never had an opportunity to sit on the House Business Committee. In the olden days; during the days of the late President Moi and Kibaki, it used to be the Vice President chairing and Ministers together with the whips. Some of us could never move near there because we were not Cabinet Ministers. Assistant Ministers were not allowed to sit in that Committee. The House business Committee was majorly the Cabinet Ministers and the Vice President chairing.
Mr. Speaker, Sir, going forward, Sen. (Dr.) Musuruve, Sen. Agnes Muthama and Sen. (Eng.) Hargura wants to have that experience. Some of us will not come back to this House. Therefore, I wish that those who will come back will be given an opportunity to serve in this Committee.
On a point of information. Mr. Speaker, Sir.
Yes, Sen. Orengo. Sen. Khaniri, do you want to be informed?
Yes, Mr. Speaker, Sir.
I want to inform Sen. Khaniri. He is quite justified in giving those comments. However, we have had an experience where if we do not have the Whips in the Senate Business Committee (SBC). It is very difficult to whip up Members for business which has already been decided upon by the SBC. For that reason, the Minority Side has their Whip, Sen. Mutula Kilonzo Jnr., who is from the Wiper Party. We also need to whip the other section of Members of Parliament (MPs) and so we have Sen. Kwamboka. In terms of leadership, in my absence, if my deputy is not in the SBC, then there is a very big problem. I had asked Sen. Khaniri to look at the constitution of the similar Committee in the House of Commons or the Committees that Nancy Pelosi chairs in the House of Representatives. In Parliament, the Minority and the Majority are based on political parties. So, essentially, parties drive the business. That is why party Motions are given priority against those of individual Members. What he has said is quite right.
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Sen. Olekina was not there previously. So, in order to make sure that we change, he was brought on board. Sen. Sakaja also never used to be there but he came in. Sen. (Dr.) Langat was there. I was listening to him knowing that he has been there. He did not want to be heard to be saying it is not representative. Mr. Speaker, Sir, I ask Sen. Khaniri to look at it more critically. I know you may regret never having served in this Committee. Similarly, I used to be in the National Assembly and I was never a Member of the Public Accounts Committee (PAC) at all. This is because my party at that time, Kenya African Union (KANU), thought that I might not drive their agenda in the PAC. So, I beg you that you have to live up with some of things. I remember one time, I thought I was going to be in the Committee of Defence and Foreign Affairs for the first time However, because my name and Koigi’s were in the Committee, a session of Parliament was called to dissolve that Committee during those KANU bad days.
Sen. Khaniri, what is your point of intervention?
Mr. Speaker, Sir, I am informed by my elder brother and my Leader, Sen. Orengo. However, I still insist. It is true that our system is based on the Westminster Model. We borrowed so much from the practise there. So, I agree with him on that but that does not mean that we must just continue copying and pasting. I mean we can improve on what suits this House and our country better. Mr. Speaker, Sir, the drafters of the Standing Orders in their wisdom decided who should be the permanent Members on that Committee. Now a Whip is a Whip while a Deputy Whip is a Deputy Whip. They can do their meetings of whipping in their offices. They do not do their meetings of whipping in the SBC. This is a Committee that decides what business this House will undertake. Now whether you sit in that Committee as a Deputy Whip or not, it is the duty of your boss to tell you what to whip. You do not have to sit there as a Deputy Whip so, that you understand you have to whip. Mr. Speaker, Sir, we have to be pragmatic and improve on this. I still insist, Sen. Orengo’s arguments are convincing. However, going forward, Members should be given an opportunity to serve on that Committee.
Thank you, Mr. Speaker, Sir. I rise to support this list of Members to the SBC. I am surprised that Sen. Khaniri has served six terms and then on his last year, he has recognised he needs to be in the SBC as he leaves to go to become a Governor. That is on a light note but he raises a good point. In other words, I am saying that you are leaving the Legislature and you are going to be a Governor, God willing. Mr. Speaker, Sir, this is a Committee which is, basically, a House keeping Committee. I have heard Sen. (Dr.) Lang’at asking about parties which do not exist. In our Standing Orders, there is no party like Tanga tanga. Mr. Speaker, Sir, this is a House Keeping Committee where Members despite, political leaning, are supposed to be objective in deliberating matters of business of the House. That is why some of us still find our names in there. Sen. Poghisio and Sen.
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Orengo will attest, if I am not blowing a trumpet, that I am very objective when it comes to matters of the House. Mr. Speaker, Sir, as we improve upon our Standing Orders, I have learnt one thing. This is because I was in the House Business Committee (HBC) in the National Assembly from 2013 and in the Senate until Sen. Murkomen de-whipped me when he was the Senate Majority Leader.
Mr. Speaker, Sir, I have learnt something that is of benefit moving forward for those who intend to come back to the Senate. This is because a number of us do not intend to come back. When you have Chairpersons of Committee as part of SBC, it adds some value. This is because they know the urgent business that is from their Committees. Of course, there is Liaison Committee which does not sit every week. That addition would be quite useful to SBC. Mr. Speaker, Sir, I am sure you have noticed because you chair both. Many times, a decision by the Liaison Committee is thereafter countermanded by SBC or that the SBC makes a decision but the Liaison Committee is not for it. This is because most of our business apart from the Plenary is in Standing Committees. That would be an improvement of some sort as we move forward. Mr. Speaker, Sir, having said that, I thank the Senate Majority and Minority Leaders for giving us this list. Sen. Omogeni asked me, what is the American term? They say “if it is not broken, do not fix it”. This Committee has worked very hard. As I conclude, I know we will discuss it at the SBC but given our Calendar, is it possible for the next one or two months to load a lot of the heavier business, for example, the Bills and maybe add morning sittings just for this February? This is because after that, I do not know how our score card as a Senate will rate in terms of the Bills we have processed and passed because we are getting into a political season. That is something that can be considered. Having said that, I support.
Proceed, Sen. (Dr.) Musuruve.
Thank you, Mr. Speaker, Sir, for giving me this opportunity to congratulate my colleagues for being appointed to the SBC. This will will fast track what we have on our menu. We have a lot in our in-tray and bringing Members on board will help. Mr. Speaker, Sir, let me also comment on the issue of experience that Sen. Khaniri has just mentioned. I urge that other Members who have not had an opportunity to serve in key positions in the Senate be allowed to do so in future, so that they gain the necessary experience. I hope that in the next Parliament, an opportunity will be availed all Members to serve in those key positions. Some of us work very hard in this House, but we have never served in such positions. We need to be incentivized because most of the time we are overlooked when it comes to such appointments and even national recognition. It is only God who recognizes those of us work hard in this House. I hope there will be an improvement on this. I support.
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Mr. Speaker, Sir, I would like to support this Motion. We are now in the last session of this Twelfth Parliament which I believe will be the shortest. The SBC should focus on the outstanding businesses. The earlier the Committee is approved, the better for us. I was also looking at Standing Order No.184(1) which talks about the membership. It does not say clearly about the Whips, but in 184(4), parties are supposed to include their Whips in the list of nine and I think it is in order. I also agree with my colleagues that it is better when seven are selected then others are given a chance for getting the experience to make sure that Members participate in the business of this House. With that, I support so that we get moving in this shortest session of this Parliament.
Mr. Speaker, Sir, I rise to support the Motion which proposes that Senators should sit in the SBC. I have looked at the names that have been proposed and I have no doubt that these are Members who can ably serve this House as we gear towards the end of our term. The concerns raised by Sen. Khaniri may be credible, but because these Members have served as well, I think it is good that we proceed and approve them, so that they can embark on the serious business that is awaiting us as we gear towards the end of our term. I support.
Thank you, Mr. Speaker, Sir, for this opportunity. Looking at Standing Order No.184, I agree with the sentiments that have been made by a colleague who is my neighbour that we should have a way of ensuring that colleagues serve in several Committees, so that we expose them to the workings of Parliament. Looking at the names proposed here, I would have expected the Senate Majority Leader and the Senate Minority Leader to have a kamukunji for consultation considering that this is the last session of this Senate before we go to the general elections. I do not have a problem with colleagues who have been nominated, but we must allow all Senators to serve in various committees, so that they get the exposure. That is the only way we can be fair. Standing Order No.184(7) states as follows- “If, for any reason, a member of the Committee is unable to attend, the whip of the nominating party may appoint another Senator in that Senator’s place for the period for which the Senator is unable to attend.” My advice to the leadership is that if there are Members who want to serve in the SBC, Standing Order No.184(7) should be used at some point. The SBC is important. We have issues of Statements, generating business of the House and pending legislative work. There is a lot that should be done. We expect the SBC to hit the ground running and ensure that they give us agendas, considering that most of the Members are headed to nominations and many other commitments as we approach the general elections. In my opinion, the composition of this Committee should be relooked, so that Members are given an opportunity to serve based on our political divide. I expect Sen.
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Poghisio who is the Senate Majority Leader to know what is happening, so that our interests are catered for. As a Member of this House, I should also be comfortable with what the SBC generates. I know Sen. Sakaja is one of the key players in the Kenya Kwanza Movement. Therefore, we should have a more diverse SBC. I request the Senate Majority Leader to step down the names in this Motion, so that we go back and---
On a point of order, Mr. Speaker, Sir. Is Sen. Cherargei doubting the extent of my Kenya Kwanzaness or my competency because he has mentioned me? As I said earlier, this is not a partisan Committee. He is trying to introduce factions that do not exist in our Standing Orders and the law as of today. Those groupings he is talking about like the Kenya Kwanza Movement shall find expressions after the elections when, in the next Senate, there will be a majority and a minority side.
Sen. Cherargei, do not drug those ‘baraza’ things to this House.
Mr. Speaker, Sir, I do not know why Sen. Sakaja is uncomfortable. The Bible says that no one knows the intention of man, even the devil himself. Mr. Speaker, Sir, there is a book for law that says that you need to transplant. I agree that we should follow the Westminster type of Parliament, but we should reflect the workings of Kenya. Finally, in all honesty, I request the Senate Majority Leader, Sen. Samuel Poghisio, and the Senate Minority Leader, Sen. James Orengo, to step down this Motion, so that we relook at the names. We cannot escape from the reality. Let these names be stepped down. We do not need to be acrimonious like the National Assembly. You will remember that when we were debating the Political Parties (Amendment) Bill, we did it with a lot of sobriety. We do not want to go the route of our sister House. Let the Senate Majority Leader, Sen. Poghisio and the rest of the leadership step down this Motion, so that we relook at the names because there is no hurry. We should live in the reality. Personally, I have several pending legislative work. However, it appears that the SBC is stifling me from shining in my legislative work. I urge the Senate Majority Leader to step down the names, so that we consult before moving forward. We do not need to be acrimonious. We should even have a
so that we agree because this is a House of union. I oppose.
I hope you are not apportioning your non- performance to other places. Let us listen to Sen. Kinyua.
Asante, Bw. Spika, kwa kunipa fursa hii. Kwanza kabisa, naunga mkono Hoja hii inayopendekeza kuteuliwa kwa Kamati itakayoongoza shughuli za Bunge la Seneti. Jambo linalonikanganya kidogo ni kuwa inaonekana kwamba kuna Maseneta fulani ambao huwa katika Kamati hii kila wakati.
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Nakubaliana na baadhi ya Maseneta wenzangu. Ni vizuri Maseneta wengine wajumuishwe ili wajue jinsi Kamati hii inavyoendesha shughuli zake. Tunafaa kuendelea mbele na shughuli zetu. Ni Kamati hii ambayo inahusika pakubwa katika shughuli zetu za Bunge. Bw. Spika, ninaunga mkono Hoja hii na kuwasihi wale ambao watateuliwa mwakani kuja hapa Bungeni, pengine mpangilio huo utazingatiwa ili kila mtu ajumuishwe katika Kamati mbalimbali. Hii ndio njia pekee ambapo wengi wetu watapata uzoefu na tajiriba jinsi Kamati zetu zinaendesha shughuli zao hapa Bungeni. Ninaunga mkono Hoja hii na nawapongeza wale walioteuliwa kwa sababu najua ni watu waliobombea na watu ambao wanaweza---
Sen. Orengo angependa kukupasha habari.
Bw. Spika, ndugu yangu anasema kuwa ni wale ambao walikuwa pale mbeleni ndio wameendelea kuwa katika hii Kamati. Lakini nataka ajue ya kuwa Sen. Madzayo aliteuliwa juzi kuwa mwanachama wa Kamati hii wakati ambao tulianza kipindi hiki . Hakuwa mwanachama hapo zamani. Sen. Kwamboka pia alikuja juzi kama yule Seneta ambaye aliteuliwa na African National Congress (ANC). Sen. Moi amekuwa mwanachama wa Kamati hii muda wa miezi sita iliyopita. Pia Sen. Sakaja na Sen. Kibiru waliteuliwa hivi majuzi. Sen. Olekina amekuwa katika Kamati hii kwa muda wa mwaka mmoja lakini amefanya kazi nzuri sana. Sijui kama Seneta anadhani kuwa hawajafanya kazi kikamilifu. Kama kuna mambo mengine, basi ayaseme. Juzijuzi tulikuweka kitini, hata hakuna kurudisha asante. Kweli asante ya punda ni mateke.
Hata Sen. Cheruiyot hawezi kusema ya kwamba wewe na yeye mko katika mrengo mmoja lakini hata mmekaa karibu na tukamweka katika kiti cha ufalme pale juu. Ukikaa pale huwezi kutangatanga.
Hon. Lusaka): Endelea, Sen. Kinyua.
Bw. Spika, Sen. Orengo ananikanganya kwa sababu nimemsikia akitaja kiti cha ufalme. Sikujua tuna kiti cha ufalme katika Bunge hili. Ni mara yangu ya kwanza kusikia juu ya kiti hicho, lakini ni vizuri vile ambavyo ameniarifu. Vile nilikuwa nikimaanisha ni vizuri kujumuisha Maseneta wale wengine ili waweze kuwa na uzoefu wa kuendesha shughuli za Bunge. Mimi sipingi Hoja hii. Sisemi ya kuwa Sen. Olekina si mjuzi, si mtu aliyebombea katika kazi yake; si mtu ambaye haelewi kazi yake; ni mtu ambaye anaifahamu kazi yake vilivyo. Nilisema ni vizuri wengine wahusishwe, sisemi wale walioko hawafanyi kazi yao vizuri. Ninaunga mkono. Asante, Bw. Spika.
Thank you, Mr. Speaker, Sir. First, I want to thank the Mover of this Motion. I want to say from the onset that I support this Motion.
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The people who have been nominated to serve in this Committee are all very competent Senators and I believe they will carry out their functions to the expectation of the House. This is a very difficult period for this House. This is the last quarter of this term and already those of us who are heading Committees are noticing that we are permanently struggling with the quorum. We expect that it will be so even for the House. There is a lot of pending business in the Committees which needs to be fast tracked to hit the Floor of this House. Given the fact that we expect Members to be busy in the next two months with the business outside this House, I do expect that this Committee will fast track prioritization of important business so that we deal with it before we are hit by quorum hitch of this House. I beg to support.
Thank you, Mr. Speaker, Sir, for this opportunity to support this Motion. Looking at the names of the people who have been nominated to serve as Members of the SBC are competent. However, like the rest of the Senators have said, maybe in the incoming Senate, others should also be given an opportunity to learn what goes on in this Committee. I support.
(Sen. (Prof.) Kamar): Thank you, Mr. Speaker, Sir, for giving me this opportunity to support this Motion and to support the list in totality. I have had an opportunity to seat on your Chair - Today I have heard it being referred as the “king’s chair” - and I have had the opportunity to sometimes chair this HBC. I want to thank the Members. They have been extremely diligent in their work and they have been very considerate in looking at Motions and Bills that come to this House. Even when COVID-19 pandemic hit us and we changed the system to be virtual, they did not miss their meetings. I want to assure the House that we have some of the most brilliant Members of this House in this Committee. I am saying so because we are going to the last session of the House when we need a lot of sacrifice. We have seen these Members sacrifice from wherever they were. Some of them have had to switch from meetings that they were in just to attend HBC then go back. For that, I want to thank them on your behalf because maybe you will not have the time to debate and thank them. I also want to encourage them to be diligent seeing as this is the last session. We have a lot of Bills and Motions that are pending that need to be cleared. Please come out straight and guide the House because this is a very important Committee, especially now that we do not want to hand over a full tray to the incoming Senate. Mr. Speaker, Sir, with those remarks, I truly support this composition of these Members. They have worked diligently. I have no doubt that they will move this House and end our term on a very high note. I thank you and I support.
May I call upon the Mover to reply.
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Mr. Speaker, Sir, I beg to reply. You can see the interest that this Motion has attracted. All Members have spoken, everybody who needed to speak has spoken. So, I want to ask them to now exercise their voting rights to vote and pass this Motion so that we can have business for tomorrow. We have a lot of work to do to complete this Sixth Session and also the Twelfth Parliament. I do appreciate the people who have been nominated. The names that were nominated have been approved here as people who are competent. So let us move with speed and allow them to work. These are going to be your servants. These people are called to serve and ensure that there is order, business and that the process is free and fair. Allow them to go and work now. I ask Members to vote in support of the Motion. I beg to reply.
Hon. Senators, following the approval of the Motion on Senators to serve in the SBC, I direct that the SBC meets in five minutes from now in Committee Room No.4 on the first floor of the Main Parliament Buildings. I thank you.
Hon. Senators, there being no other business, it is now time to adjourn the House. The Senate, therefore, stands adjourned until Wednesday, 9th February, 2022, at 2.30 p.m.
The Senate rose at 3.21 p.m.
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