Clerk, do we have quorum?

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

Hon. Senators, we do have quorum now. So, we will start the afternoon's business. Clerk, proceed to call the first Order.

Hon. Senators, on Monday, 19th May, 2025, by a letter dated 19th May, 2025, Ref: UDA/1/SEN/05/2025, the Secretary-General of the United Democratic Alliance (UDA) Party wrote to the Speaker of the Senate, notifying the Speaker of the Senate that Nominated Sen. Gloria Orwoba has been expelled from the Party. By the same letter, the Secretary-General of UDA further notified the Speaker of the Senate that the said Nominated Senator ceased to be a UDA nominee to the Senate.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Hon. Senators, as you will recall, the Motion on the consideration of the Report of the Standing Committee on Finance and Budget on the Fourth Basis for allocating the share of national revenue among counties was scheduled for consideration on 8th May, 2025. However, before the Motion was moved, several Senators rose on points of order, highlighting the need for more time to interrogate the contents of the Report and gain a better understanding of the recommendation by the Committee. Consequently, following consultation with the Chairperson of the Standing Committee on Finance and Budget, it was agreed that the Motion be deferred and rescheduled for debate on Thursday, 22nd May, 2025, to provide Senators with sufficient time to familiarize themselves with the contents of the Report. Hon. Senators, in this regard, the Standing Committee on Finance and Budget has organized a breakfast meeting for Hon. Senators. The purpose of this meeting is to apprise Senators on the contents of the Report, facilitate consultation and consensus building on the way forward regarding the matter. The breakfast meeting is scheduled to

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Hon. Senators, as you are aware, the National Prayer Breakfast is an annual event in the Calendar of Parliament. It is an interdenominational prayer meeting sponsored by Members from both Houses of Parliament. The event is coordinated by an Organizing Committee which has been working closely with the Kenya National Prayer Breakfast Coordination Team. The Organizing Committee is co-chaired by Sen. Daniel Maanzo, MP and Hon. Samuel Chepkonga, MP, of the National Assembly. The National Prayer Breakfast has been instrumental in fostering national healing, reconciliation and understanding on the challenges that face our country. The event will undoubtedly continue to be a uniting forum for our national ethos. Hon. Senators, this year’s National Prayer Breakfast is scheduled to be held on Wednesday, 28th May, 2025 at the Safari Park Hotel in Nairobi, from 7.00 a.m. The theme for the event is “Rise and Rebuild.” I, therefore, take this opportunity to invite all Senators to the 22nd Edition of the National Prayer Breakfast. Further details relating to the event will be given through the Office of the Clerk of the Senate.

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon of visiting teachers and students from Kijabe Girls High School in Kiambu County. The delegation comprises six teachers and 126 students who are in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. I will call upon the Majority Leader to extend a word of welcome to the delegation under one minute. You may proceed, Majority Leader. Let the delegation be properly acknowledged and celebrated by the Majority Leader.

Mr. Speaker, Speaker, Sir, as a punishment for interrupting a very solemn moment when students visit our institution, I will be requesting that we move the House that Sen. (Dr.) Khalwale be compelled to meet with the students and buy them lunch. Otherwise, I welcome these students that have joined us this afternoon to follow proceedings here in the Senate. Welcome to the Senate of the Republic of Kenya. I hope that you have a full value for the time that you have taken.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

What is your point of clarification, Sen. (Dr.) Khalwale?

I sit on the Senate Committee on Finance and Budget and in our last sitting, the Vice Chairperson who was chairing then, advised us that during tomorrow's breakfast meeting, one of the leaders of the Republic will address the Senate. The clarification I seek is that in that meeting, I was in the minority. I would prefer that if such a thing should take place, it should be pursuant to Standing Order No.29. If it is indeed true, why are we not pursuing Standing Order No.29? Instead, we are allowing this dignitary to sneak into this very important meeting for discussing the formula for sharing revenue.

Sen. Boni, indeed, it has been indicated to me by both the Majority Leader and the Minority Leader that the former Hon. Prime Minister and Party Leader for the Orange Democratic Movement (ODM) will be coming for purposes of consulting with Members of the Senate on the Division Allocation Formula (DAF). He is not coming pursuant to the Standing Order that you have just invoked. He is coming in a consultative forum, where we will sit to hear his thoughts and thereafter, we will also put our heads together as the House behind a closed door to deliberate and try to see if we can hammer consensus on this formula. As and when he is coming to address the Senate in open plenary, then certainly that Standing Order will be invoked, but not for purposes of tomorrow's meeting. Proceed, Senator for Nandi.

Mr. Speaker, Sir, I need your guidance on further interpretation of Standing Order No.29. While I appreciate that we can caucus and that parliamentary caucuses and consultations are allowed, the interpretation of Standing Order No.29 says there can be modification. We want to know the modification that your Office and the Clerk’s Office will apply because this is a distinguished visiting dignitary. He is not an ordinary mortal, the hoi polloi of the street. This is one of the Prime Ministers of this Republic. He is one of the senior members of the Broad-based Government. He has the eye and ear of the President. We need to know how we can prepare to receive and engage him. Even as we sit, it is important to know what the agenda will be. Many Kenyans will want to know, noting that the former Prime Minister, as they say, ‘ Baba Pod Pek’ has always been for the agenda of having money devolved to counties and the removal of the National Government Constituencies Development Fund (NG-CDF). The modification of Standing Order No.29 is important as we go to consultation. I thank you.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Hon. Senators, our Standing Orders can only be invoked when the Senate is officially sitting. The meeting that will take place tomorrow is not an official sitting of the Senate, but a consultative forum. In fact, we had chosen some hotel somewhere in the outskirts of Nairobi to hold this meeting, but because of logistics challenges, we decided to have it within the precincts of Parliament. So, it is not a sitting for purposes of our Standing Orders. Let us go to the next Order. Sen. Boni, take your seat. I am just about to report a petition.

Mr. Speaker, Sir, I had requested to comment on that Petition. I do not know whether it is allowable.

Sen. Joe Nyutu, I called you so that you give notice.

Sorry. Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motions- THAT AWARE THAT a Certificate of Good Conduct is a major requirement for Kenyan citizens in accessing employment, business opportunities, and, in some instances, financial engagements with financial institutions in Kenya, with the certificate having a validity period of one year; CONCERNED THAT many Kenyans are compelled to travel long distances to access this service, both for the initial application and for any subsequent applications making the process tedious, time-consuming, and costly; FURTHER CONCERNED THAT the current manual application system is prone to delays and inconsistencies, which may compromise the authenticity and integrity of a Certificate of Good Conduct; COGNIZANT THAT the importance of introducing an automated Good Conduct Certification system, including the utilisation of biometric fingerprint verification through the deployment of biometric kits, will enhance accuracy, security, and expediency in verifying individual’s record;

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Sen. Nyutu, you were to give notice of the implementation of the automated and decentralised Certificate of Good Conduct.

Sorry; I went all the way to number---

You are reading the entire Order Paper.

Sorry, Mr. Speaker, Sir, for that particular mishap.

I beg to give Notice of that Motion that I had read before.

Thank you. Let us have Sen. Karungo Thangw’a.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Sorry for that, Mr. Speaker, Sir. I beg to give notice of the following Motion- THAT AWARE THAT a Certificate of Good Conduct is a major requirement for Kenyan citizens in accessing employment, business opportunities, and, in some instances, financial engagements with financial institutions in Kenya, with the certificate having a validity period of one year; CONCERNED THAT many Kenyans are compelled to travel long distances to access this service, both for the initial application and for any subsequent applications making the process tedious, time-consuming, and costly; FURTHER CONCERNED THAT the current manual application system is prone to delays and inconsistencies, which may compromise the authenticity and integrity of a Certificate of Good Conduct; COGNIZANT THAT the importance of introducing an automated Good Conduct Certification system, including the utilisation of biometric fingerprint verification through the deployment of biometric kits, will enhance accuracy, security, and expediency in verifying individual’s record; NOW THEREFORE, the Senate resolves that the National Police Service Commission, in collaboration with the Ministry of Interior and National Administration to: 1. develop and implement an automated good conduct certification system designed to streamline the issuance, renewal, and verification of certificates of good conduct; 2. incorporate advanced technologies such as biometric fingerprint recognition, data encryption, and secure communication protocols to ensure the accuracy of individuals' records; 3. establish decentralised service points and deploys mobile registration units across counties to enhance accessibility, especially in remote areas; and, 4. scale up public awareness initiatives in rural areas on the application and renewal process for the Certificate of Good Conduct. Thank you.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Since Sen. Karungo Thang’wa is not present, this Notice of Motion is deferred.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Labour and Social Welfare on a matter of national concern regarding the state of affairs at the Kenya Rugby Union (KRU). In the Statement, the Committee should address the following- (1) The operational and financial standing of the KRU, including details on the amount of sponsorship funds channeled to KRU by various corporate entities from 2022 to date, and the specific expenditures of the Union relating to the same period. (2) The current status of the report by the KRU chairman, Mr. Alexander Sasha Mutai, to the Directorate of Criminal Investigations (DCI) regarding alleged criminal and fraudulent activities within the Union. (3) Whether all serving KRU directors possess the necessary qualifications to hold their respective offices. (4) The actions being taken to address the governance and other challenges afflicting the Union to avert sanctions from the World Rugby. Thank you, Mr. Speaker, Sir.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Senator for Kajiado County, the Hon. Sen. Seki Lenku Olekana, you may have the Floor.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 53(1) to seek a Statement from the Standing Committee on Lands, Environment and Natural Resources on a matter of national concern regarding the ongoing construction of a hotel within Ngong Road Forest adjacent to the sanctuary area. Mr. Speaker, Sir, civil societies organisations including the Green Belt Movement and the general public have raised serious concerns over the construction of a hotel within the protected forest reserves. This development seriously breaches environmental protection laws, planning regulations and public trust. In the Statement, the Committee should address the following- (1) The identity of the developer currently constructing the hotel within the Ngong Road Forest. (2) The finding of the Environmental Impact Assessments (EIA) for the construction of projects and whether the public was informed and or involved in the assessments as contemplated by the Environmental Management and Coordination Act. (3) Whether the construction project was approved by the relevant authorities including the Kenya Forest Service (KFS), the relevant county governments and the National Environmental Management Authority. (4) If so, obtain information on the legal basis of such approval considering Ngong Forest status is a gazetted forest reserves. Thank you.

The Senator for Taita-Taveta County, the Hon. Sen. Mwaruma.

Thank you, Mr. Speaker, Sir, for this opportunity to request for a Statement on non-remittance of staff deductions by Taita-Taveta County Government. I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations on a matter of countywide concern, regarding the non-remittance of staff Savings and Credit Cooperative Organization (SACCO) deposits and loan repayment deductions to Kwetu SACCO and other financial institutions by the Taita-Taveta County Government. The Taita-Taveta County Government has been deducting funds from employees' salaries for SACCO deposits and loan repayment to Qwetu SACCO and other financial institutions. However, the County Government has failed to remit these deductions to the respective institutions as required by law and existing agreements.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Sen. Tabitha Mutinda, proceed. That Statement is dropped.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on a matter of countywide concern regarding the ongoing harassment, abuse and violent eviction of hawkers in the Nairobi Central Business District (CBD) by the Nairobi City County Enforcement Officers. Recent events in the CBD have brought to light troubling incidents involving County enforcement officers against hawkers. This includes physical assault, extortion and sexual abuse, particularly targeting female hawkers. Such acts are not only unethical and unlawful but also violate Articles 28 and 29 of the Constitution, as well as Statutes including the Sexual Offenses Act and the Code of Conduct for public officers. Mr. Speaker, Sir, the informal sector serves as a critical economic lifeline for many urban residents and should therefore be integrated into the urban economy. However, hawkers continue to face harassment and unlawful arrests, confiscation of their goods, and intimidation often by officers who are unidentifiable and operate with impunity. These actions have disproportionately affected vulnerable populations, including women, youth, and persons with disabilities, exacerbating the economic and personal insecurity In the Statement, the Committee should address the following-

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Sen. Hamida, please, proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53(1), to seek a Statement from the Standing Committee of Land, Environment, and Natural Resources on a matter of national concern, namely, the status of housing facilities for forest rangers under the Kenya Forest Service (KFS). Forest rangers play a vital role in protecting forests, which are essential for biodiversity, water catchment, climate regulation and the livelihoods of millions of people. Despite this, their welfare, especially housing, remains severely overlooked. Many rangers live in unsafe and unsanitary conditions without basic amenities. Some are even forced to stay in makeshift shelters or tents near forest outposts. Supporting forest conservation requires investing in decent, sustainable housing for rangers, as it is both a welfare issue and a matter of national and environmental security. In the Statement, the Committee should address the following- (i) the current state of the housing infrastructure for forest rangers at all Kenya Forest Service stations and outposts across the country; (ii) the measures that the Kenya Forest Service has taken to assess, maintain, or upgrade existing housing facilities for its personnel; (iii) plans for the Ministry of Environment, Climate Change, and Forestry to invest in sustainable, safe, and decent housing for forest rangers, including through public-private partnerships, and indicate any projected timelines for implementing these improvements; and, (iv) budgetary allocations and policy frameworks in place to support the long- term welfare of forest rangers, particularly in relation to their living conditions. I thank you.

Thank you. Hon. Hezena, you may proceed to make your Statement pursuant to Standing Order No.52. Thereafter, we will move to comments.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Mr. Speaker, Sir, I rise pursuant to the Standing Order No.52(1) to make a Statement on a matter of national concern on the Joint Bunge Youth Dialogue held on the 17th of March, 2025, co-hosted by the Kenya Young Parliamentarians Association (KYPA) and the Club de Madrid Women and Youth in Democracy (WYDE) Network of Young Decision Makers. The event took place within the precincts of Parliament at the Kenyatta International Conference Centre (KICC). Mr. Speaker, Sir, this dialogue was a deliberate and strategic intervention designed to bridge the persistent gap between youth-led civic action and formal policymaking, Members of County Assemblies, student leaders, and civil societies actors alongside international delegates from over 10 countries. I wish to specifically acknowledge the presence of distinguished young parliamentarians from across the globe who made significant contributions to the deliberations- (i) Hon. Augusta Nadi

Hon. Senators, we will have comments for half-an- hour. Therefore, if you get an opportunity to speak, kindly, keep it under three minutes. Proceed, Sen. Cheruiyot.

er (Sen. Cheruiyot): Mr. Speaker, Sir, I thank you. I rise to comment on the Statement by Sen. Edwine Sifuna on the operations of KRU. As a

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Mr. Speaker, Sir, allow me to make a comment on the Statement that was brought by the Senator for Kajiado County, Sen. Seki. Just a few weeks ago - I think it is not more than a month - the Cabinet Secretary responsible for the environment was here with us. Part of the problem we raised with the way that the Kenya Forest Service manages public relations is that they never tell the public when they are planning to do something or engage even the stakeholders in the community when they are developing plans for anything to do with our forests. You will wake up one day and the Karura Forest is trending, they are cutting trees, they have not told anybody, and then they come and tell you they were harvesting mature trees. Now, they have gone into Ngong Forest and out of the blue, somebody is building a hotel in the middle of the forest without telling anybody. It takes the locals there to raise an alarm and say there is something that is happening in the forest for them to come out, and then I saw the Chief Conservator of Forests coming there and saying that the project is above board.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Mr. Speaker, Sir, in 1989, Parliament kept quiet when Professor Wangari single-handedly fought the then-President of Kenya over the grabbing of Uhuru Park. They wanted to put up a hotel of 60 stories. I want to congratulate Sen. Seki that now you have allowed Parliament to speak to this attempt to grab the Ngong Road Forest. The Committee must clearly tell the country who the developer is. Secondly, does Ngong Road Forest still exist or these politicians have excised and shared it among themselves? I want to request members of the public to forgive some of the clean politicians. Not all politicians want to grab land or want to have land in the City. A green space in a city is a big thing. It must not take any effort to protect it. This is not an accident. This developer actually went there, received permits, he was given licenses, and has even cut trees in that place. It must concern this House that this attempt is a stone throwaway from Talanta City. So, these greedy, corrupt people are dying to have a hotel next to the new city, so that they can do business. All this is vanity. Why do they not ask God? God will tell them that whether they like it or not, the law will catch up with them, and death is going to catch up with them.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Mr. Speaker, Sir, I wanted to seek a clarification regarding the Communication that you had earlier made to the House touching on Sen. Gloria Orwoba. I wanted to bring it to the attention of your office---

Sen. Omogeni, we are now on comments on the statements that have been requested. If you do not have any comments, kindly yield.

Sorry, Mr. Speaker, Sir. On 11th May, 2021, precedence was set. A similar Communication was made to the House by Majority Leader---

Yes, but let us dispense with the comments first. Let us dispense with the comments first because we have limited time to do this.

Mr. Speaker, Sir, I abide.

Proceed, Sen. Osotsi.

No, Sen. Osotsi, you may proceed.

Thank you, Mr. Speaker, Sir. Allow me to comment on two statements. The first by Sen. Sifuna on the affairs of the Kenya Rugby Union. It is unfortunate that most of the sporting associations in Kenya are riddled with corruption and mismanagement. It is important that the committee that will be looking at this matter to go to the depth of the issues at the Kenya Rugby Union so that those officials who are involved in any kind of malpractice should be subjected to the law. It is unfortunate that our associations which are supposed to be managing the sports for the welfare of our youth are instead turning those associations into money- minting ventures. That is why this country, which has huge potential in sports, is lagging behind in sports because of the conduct of the very people who are supposed to be managing this association. I also want to comment on the statement by Sen. Mwaruma on the issue of non- remittance of statutory deductions by county governments. This problem is rampant in most counties. We continue to see queries around non-remittance of SACCO dues, non- remittance of NSSF, non-remittance of SHA and other important statutory deductions by county governments. One question that we must be asking ourselves what the role of the Controller of Budget is because she is the one who approves these requisitions. How does she approve requisition of salaries without checking on the status of statutory deduction? I think it is important that the Controller of Budget be summoned by this House to explain how he or she is able to approve salaries without the statutory deductions being included because that is where the problem is. Mr. Speaker, Sir, we have so many staff in our county governments who cannot access SACCO loans and yet they have been deducted SACCO amount from their salaries and they are suffering.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Senator for Nandi.

Thank you, Mr. Speaker, Sir. I rise to support the Statement by Sen. Edwine Watenya Sifuna on the affairs of the Kenya Rugby Union. Sports associations have turned into conclaves and enclaves of perpetuating corruption and they feel that they cannot be held accountable. As much as some of us are fans of sports, it does not give the license to officials in our sports federations to carry out the bad manners that we are seeing. I demand the following as a progress: That the Office of the Auditor General must forthwith do special and forensic audit against financial statements of the Kenya Rugby Union. Secondly, the Directorate of Criminal Investigations (DCI) must fast-track the investigations of fraudulent activities within Kenya Rugby Union and hold people accountable. I normally see DCI very efficient when it comes to arresting politicians. I want to test their efficiency in concluding this investigation into fraudulent activities in Kenya Rugby Union. The fourth point is the number of board members whose term has expired. we should follow the law in this country. I want to challenge officials of sports federation, basketball, athletics Kenya, Football Kenya federation (FKF), all federations, including Kenya Rugby Union Federation. Why do they fear elections? As politicians, do not fear elections. Mr. Speaker, Sir, Athletics Kenya have never held elections for almost 15 years. They are staying longer than the late President Mugabe. Why would people want to be Mugabes of this world? What is so special in clinging to power in our federations? I must say that the other day, FKF held elections and nothing has happened. What is it that Kenya Rugby Union fear in holding an election for part of transparency and accountability? I assure the Senator of Nairobi City County that we are in this together to the long haul. We must fix the mess in the Kenya Rugby Union. It cannot be business as usual. Finally, on Sen. Karen Nyamu's Statement on harassment, the current Governor Sakaja told us that lazima i-work . Unfortunately, it does not work. That is the position. I was embarrassed. I expected the women of this country to be demonstrating on streets for sexual harassment in the guise by these askaris. How can they harass the Persons Living with Disability, the mama mbogas, the boda boda and hustlers? We will not allow Sakaja to get away with this. He must be dealt with.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Thank you, Mr. Speaker, Sir. I begin by commenting on the Statement by Sen. Karen regarding hawkers. We must realize that hawking is a very important industry in any area or society because only in hawking that you need minimum capital to be able to engage and trade. With Kshs50, you can buy tomatoes and make Kshs100 at the end of the day. We only need to find a way of regulating this industry of quick wealth generation, so that young people can engage in it. Given the low capital requirement, sometimes it is the only area where people are disadvantaged and can engage in some form of enterprise to move forward. On the question of the Kenya Rugby Union, I think, generally, sports in this country have been taken for granted. Sports is no longer just an idle area, but a major industry. In a country that is grappling with employment challenges, very huge unemployment, I think if we gave it the attention it requires, sports should move forward. This culture of utado requires that we go back to law enforcement, which is heavily compromised. The Directorate of Criminal Investigations (DCI), the Ethics and Anti-Corruption Commission (EACC) and the police, are so compromised that you find people do what they want and dare you. The time is coming when we should have these organizations called to book. Where there is also this rampant misuse of public funds, we should also hold to account the organizations that are supposed to do the audit. There has been a trend to think that Parliament does audits; it does not. Parliament cannot even change a comma in a report of the Auditor General. The report is final; we can only act on it. Finally, on the question of the youth bulge and the youth challenges in this country, we cannot sweep them under the carpet. Young people have no jobs, no future and nowhere to face. It is time we stopped doing the nonsensical things we are good at doing and focus on changing this country; on making the taxes of this country work for the people. We should stop theft. There is too much theft in this country, right from the top of the Government going down. Everybody is stealing without any fear or shame as the “bull of Nandi” is telling me.

Sen. Kinyua.

Asante, Bw. Spika, kwa kunipa fursa hii kuchangia kauli hizi. Ni vizuri ijulikane ya kwamba watu wanaofanya biashara za rejareja wana haki, kwa sababu wanachangia kwa maendeleo ya nchi. Ikumbukwe sisi tukifanya siasa tulisema ya kwamba wale walala hoi, wanapaswa kuangaliwa. Haitakubalika na ni jambo la kuvunja moyo sana, ikiwa wale wanafanya biashara za rejareja hawapewi fursa, wanahangaishwa na kusumbuliwa. Hawawezi wakasimama mahali popote katika Jiji hili au sehemu zozote katika nchi ya Kenya. Kwa hivyo, sisi sote tuna haki ya kufanya biashara mahali popote. Kamati ambayo itashugulikia jambo hili, ijue watu wote wanafaa kupewa uhuru wa kufanya biashara. Iwe biashara kubwa, rejareja au yeyote ile, ikiwa mtu amefuata

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Sen. Wambua.

I thank you, Mr. Speaker, Sir. I will make a comment on the Statement by Sen. Karen Nyamu. Karen Nyamu, Senator, I am making a comment on your Statement. It would be important for you to listen, because it is an important statement. On 17th December, 2010, a vendor by the name Mohamed Bouazizi, in a small city in Sidi, Tunisia, set himself on fire outside the Office of the Governor; to the eyes of many people. It was just a vendor who was expressing frustration because of harassment by the city county government at that time. What followed that act led to what today is known as the Arab Spring, which brought down governments in that region. Street vendors are an important segment of any city, any society, anywhere. I do not understand the need for cities to be clean and for us to develop what we are calling smart cities. However, that must be balanced with the need to allow people to earn a living. When you chase street vendors and you get them out of the streets without providing them with alternatives, what exactly are you telling them to do? It is the responsibility of our governments; both local and national governments, to find ways and means of enabling people at the lower segments of the economic pyramid to earn a decent living. Mr. Speaker, Sir, last week, I was having a conversation with the Cabinet Secretary for Cooperatives and Micro, Small and Medium Enterprises (MSMEs) Development, hon. Wycliffe Oparanya, about the success of the Hustler Fund. I am wondering that on the one hand, the national Government is enabling access to funds for young people to start small little businesses. On the other hand, the City County Government of Nairobi is chasing those very young people from doing their businesses on the streets of Nairobi. What would have been better is for the County Government of Nairobi to provide premises and places where vendors can do decent business. I believe we are way, way past the era of charging young people and women with batons and beating them up to get them out of the streets. I, therefore, call upon our friend, Senator, Governor Sakaja, to rethink that strategy of getting vendors out of the streets. There are better ways of doing it than beating up people and chasing them from the streets.

Sen. Nyutu.

Asante, Bw. Spika. Nami nitasema moja au mawili kuhusu Kauli iliyotolewa na Seneta wa Kajiado, Seneta Seki, kuhusu ujenzi wa hoteli ndani ya msitu wa Ngong.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Sen. Beatrice Akinyi.

Thank you, Mr. Speaker, Sir. I rise to support the Statement by Sen. Hamida on the housing facilities for forest rangers.

Housing is a basic need for all of us. I am on record for raising complaint about the housing situation at Ndhiwa Police Station. As stated by Sen. Hamida, there are notorious organizations that house their officers in a pathetic way. We have officers serving the public, but the houses provided by the Government for those officers are pathetic. This ends up being reflected on the services that they give to Kenyans. Ndhiwa Police Station is an old station and it has over 100 police officer yet the houses there are pathetic. One can only sympathize with the officers. They live in shanties that one can see through. Some houses are shared amongst two or three families. What kind of indignity can that be? How can we subject our officers to such kind of

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Thank you very much, Mr. Speaker, Sir. I will touch on the Statement that was raised by Sen. Seki. I agree with a number of questions he has raised pertaining the approvals that were given to the developer who is constructing the hotel inside the forest. I know that one of the government’s agenda is to clean this country. It will, therefore, look so weird if we are to allow a few individuals to cut trees in the pretense of putting up a hotel yet we have a number of free land where they can develop the same. The culprit should be brought to book. We need to know the person who is giving these approvals. These are some of the mess that they are putting us in as a country. Some evictions done in the country are due the carelessness of people who are in offices. They give people approvals without following the due process. We need to get the details of this and action must be taken. Thank you.

Hon. Senators, the 30 minutes allocated to this session have since terminated. We now move to the next Order. Clerk, call the next Order.

At the interruption of debate on Wednesday, 21st May, 2025, during the morning session, Sen. Thang’wa had the Floor and had a balance

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Asante, Bw. Spika, kwa kunipa fursa hii ili niweze kuchangia Mswada wa Ugavi wa Fedha wa mwaka 2025/2026. Mswada huu ni muhimu katika nchi yetu kwa sababu ndio kinara ya miswada yote ambayo inahusiana na masuala ya fedha. Baada ya hii, tutakuwa na Mswada wa County Allocation of Revenue Bill (CARA) ambayo inagawanya fedha kati ya kaunti zetu. Baada ya hiyo, tutakuwa na Appropriations Bill ambayo inatoa pesa kutoka kwa hazina kuu.

Mwaka jana, kulikuwa na changamoto nyingi ambayo ilisababisha Mswada huu kupelekwa katika maelewano kisha ikarejea hapa. Hio ilitendeka kwa sababu Mswada wa fedha ya Serikali ilikuwa imeondolewa katika Bunge. Mwaka huu, tumeona kwamba Serikali---

Bw. Naibu Spika wa Muda, naomba nisikizwe kwa makini. Kuna Seneta hapa mbele yangu ambaye anatoka Kaunti ya Migori--- Mwaka huu, tumeona ya kwamba Serikali imejizatiti na kupendekeza ya kwamba Shilingi bilioni 405 iende katika kaunti zetu. Tutakumbuka ya kwamba mwaka jana, Bunge la Seneti lilipitisha ya kwamba Shilingi bilioni 415 ziende katika kaunti zetu. Tulipoenda katika maelewano, tulikubaliana na Mswada wa kupeleka Shilingi bilioni 335 katika kaunti zetu kwa mwaka wa 2024/2025. Kwa hivyo, ni makosa kwa Serikali Kuu kupendekeza pesa ambazo mwaka jana, sisi kama Bunge la Seneti, tulisema hazitoshi kaunti zetu. Bw. Naibu Spika, ukiangalia asilimia ya fedha ambazo zinakuja katika kaunti zetu kutoka mwaka wa 2013 mpaka sasa, utaona ya kwamba hiyo asilimia imekuwa ikipungua. Ijapokuwa tunaona ya kwamba pesa zinaongezeka, ukweli ni kwamba asilimia ya pesa inazidi kupungua. Kwa sasa, hiyo pesa ni chini ya asilimia 15 ya pesa ambazo zilikuwa zinaletwa katika kaunti zetu. Bw. Naibu Spika, changamoto ambazo Serikali kuu inapata kukusanya kodi katika nchi yetu ni zile zinazokumba kaunti zetu. Kwa mfano, kama ni hali ngumu ya biashara, nchi nzima inapitia hali hiyo. Kwa hiyo, yale yanayoathiri kaunti, yanaathiri Serikali kuu vile vile. Kwa mfano, magari yanayosafiri katika kaunti yananunua mafuta kwa bei ile inayouziwa Serikali kuu. Haiwezekani Serikali kuu ijiongezee hela katika mgao, ilhali serikali za kaunti zinaendelea kupata shida.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Asante. Next is Sen. Sifuna Edwin.

Thank you, Mr. Deputy Speaker, Sir. Over the weekend, we had an occasion with some of our colleagues from the National Assembly to attend a function in Migori. The Senate Majority Leader was there. Part of the conversation we had when we were having lunch with our colleagues from the National Assembly is that they thought that not everything between our two Houses has to come to a stalemate before it is addressed. It saddens me that for the third year straight that I have been a Senator of Nairobi City County, the National Assembly is again inviting us to a stalemate on this question of the division of revenue. I ask myself the question, why do we have to have a mediation every single year? I have never understood why our brothers in the National Assembly cannot just do what is right by devolution and what is right by the people. If indeed they know the recommendation that has been made by the Commission on Revenue Allocation (CRA), why can they not just give counties the Kshs450 billion that we have been asking for? We will do what we have to do and fight for the rights of

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

There was a fly.

I will proceed as if nothing has happened. If you look at the Committee's observations on Page 7, that the recommendation we have made as a Senate of Kshs465 billion has a science behind it, it is not just a figure that was plucked from the air. The Committee says that the recommendation was informed by the need for county governments to meet new non-discretionary financial Government imposition. Number two, contributions to the National Social Security Fund (NSSF). Number three, matching allocations for the county-integrated industrial parks, which is a programme that was initiated by the national Government, requiring county governments to match them. Lastly, matching allocations for CHPs programme. This responsibility calls upon us as a county government to make sure we pay these CHPs. On the procurement of new medical equipment, when we were in Mandera with Sen. Roba, we were informed that all those beautiful machines in that referral hospital have come to the end of their lease. We need these county hospitals and facilities to be able to acquire new ones. Lastly, meeting the outstanding obligation under Doctor's Collective Bargaining Agreements (CBAs) and Annual Wage Drift. Every single day, including yesterday,

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

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

Just a minute. Let me make my point. The SG is the custodian of all documents, including all agreements that the party signs.

Just a minute, Sen. Sifuna. What is out of order, Sen. Eddy?

Mr. Deputy Speaker, Sir, I am rising under Standing Order No.101. There are many issues about it, but generally, Standing Order No.101 is about contents of speeches that we make in this House. I respect the SG of ODM Party who is also my Deputy Whip in this House. He has brought an argument on the agreement that ODM had with the Kenya Kwanza Alliance. There is a substantive conversation around what we must have in this House when having a conversation like the one that we have.

That is something that I support. However, is it in order for that to be the basis for discussing the issue of division of revenue in this House, when that agreement has not been tabled in this House as required under our Standing Orders to the extent that there is a Motion that informs our debates here?

Mr. Deputy Speaker, Sir, if we revert to that as a substantive issue that informs one’s speech in this House, then we will be taking the role of this Parliament away from us and start having discussions outside the Senate. We are actually taking away our role as Senators to debate issues in this House and giving it to forces outside the Senate.

The reason I am saying this is because we have the issue of division of revenue. What happens for Senators in this House who are not party to that particular agreement? They need to participate in the conversation on the division of revenue. Is it in order for the Senator for Nairobi to bring that argument based on a document as a basis for us to discuss in this House?

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Sen. Oketch, I have looked at Standing Order No.101 on contents of speeches. That is from Standing Order No.101(1) to (6), but I cannot see any contravention from what Sen. Sifuna is addressing.

When you debate, you gather information from here and there as you put your points in order. We cannot limit debate in this House or require people to think in a certain way. That is why the Senate is respected because Senators can speak even for 20 minutes unlike the other House where they are given only two or three minutes to speak and sit down. So, let us not stifle debate, as long as he is not mentioning any names anyhow.

Sen. Sifuna, these Standing Orders can somehow accuse you. So, avoid mentioning names of people. You can mention the office, but do not use names of a Cabinet Secretary and others. It could be because they are no longer Cabinet Secretaries. So, use the office.

Well guided, Mr. Deputy Speaker, Sir. You can see that my point has been demonstrated that I encounter ignorance even from members of the ODM party. Therefore, it is my responsibility to teach, because that is what the constitution of the party requires me to do.

In fact, Mr. Deputy Speaker, Sir, I was coming to the point that we are discussing. Division of revenue is a matter that has been covered under this agreement which is not restricted to the parties that have signed it. Since it is my job to teach, allow me to read what this agreement establishes. The propaganda I was saying that we must combat is what this agreement is and what it is not. This agreement does not form a government. In fact, it sets up a platform for collaboration and cooperation between all political forces and other stakeholders in Kenyan society and not just ODM party and the UDA party. So, everybody is welcome to have this conversation. Mr. Deputy Speaker, Sir, allow me to conclude what I was saying, that as the SG, I am the custodian of this document. For those who were asking why Sifuna is the one who asked this question, Article 20 of the party’s constitution also confers on me the power to perform any other functions that have been allocated by an organ of the party. I want to confirm here that the central committee has charged me with the marking scheme for implementation of this document. So, when I ask questions, nobody should ask why Sifuna is asking them. When you look at Article 3(1) of this document, it talks about protecting and strengthening devolution.

Mr. Deputy Speaker, Sir, please, allow me to debate without all these interruptions. I do not know who I have offended.

Sen. Sifuna, unfortunately, it is not possible to deny Members to raise points of order when you are on the Floor. Maybe you should request them not to interrupt.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Mr. Deputy Speaker, Sir, under Standing Order No.121, you have powers to stop frivolous points of order. Please, allow me to debate because---

Sen. Sifuna, please, take your seat. I would like to listen to know if it is frivolous because I cannot determine before they speak.

Mr. Deputy Speaker, Sir, it is very rare to get a frivolous point of order from me. The only concern I have is that my friend Sen. Sifuna is extensively quoting a document that is not tabled. That is my only problem. It is like music to my ears. He should do the simple thing, which is to table the document, so that we can also have access to what is saying. That is my only issue, but what he is saying is music to my ears.

That is a relevant point of order. You are referring to a document that is not circulated so that other Senators can have a look at it and also follow your debate. If you want to do that, please table it so that they get copies.

Mr. Deputy Speaker, Sir, the only reason I am making reference to this document is because it ties up with what I want to say in terms of the position that I will take as a Senator from ODM party on the division of revenue. In the morning, I watched my colleagues debate this matter. In fact, there was reference to this document over and over, including by Sen. M. Kajwang’ and the others, but I did not see anybody rise up on a point of order. In this House, sometimes I feel that rules do not apply fairly to me. There is always an attempt to derail me when I am on the Floor. People spoke continuously for 20 minutes without any interruption. However, when Sifuna is on the Floor, suddenly people want to raise points of order. Another thing is that this is a public document that was signed in broad daylight. However, people want Sifuna to be the one to bring copies to them. That is ridiculous.

Mr. Deputy Speaker, Sir, let me conclude by saying that we should address the question of claw back on devolved functions. Now I am not even referencing any document. I will reference the positions that the party has taken on devolution. Firstly, devolution is something we should take pride in as having been part of the people who passed it and we want it to work for our people. We will resist any attempts to claw back on any devolved functions. That is why you did not see me yesterday during the handover of the housing project by the President because I strongly believe that housing is a devolved function. You will not see me at the President’s launch of markets because that is a claw back on devolution. There is a Senator who asked me yesterday why I was not at that place. It is because I believe in devolution and that is claw back to devolution.

Secondly, we must devolve all funds for the functions that are devolved. That is the reason my party and party leader have taken a position on the Road Maintenance Levy Fund (RMLF) and National Government-Constituencies Development Fund (NG- CDF). He said that as far as roads are concerned, the Fourth Schedule of the Constitution is clear. There are only two levels of roads. We have national and county roads. Every single shilling that is supposed to go to counties for maintenance or construction of roads has to be released to county governments.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Sen. Wambua Enoch, please proceed.

Thank you, Mr. Deputy Speaker, Sir. I like the parting shot by Sen. Sifuna. He is craving love from the Government so that he can love back. I am sure there is nothing out of order in that statement. Mr. Deputy Speaker, Sir, from the onset, I would like to declare that I fully support the recommendations by the Senate Committee on Finance and Budget on the Division of Revenue Bill, 2025. I would like to say a few things. One, the committee has given us a very elaborate and scientific account of why they are proposing Kshs465 billion as the allocation to counties in this coming financial year. I like the keenness of the Committee. Mr. Deputy Speaker, Sir, on page 8, paragraph (d) of their report, on the observations, they have captured it very well that the Bill is using the most recent audited and approved accounts of revenue for the financial year 2020/2021 which then amounted to Kshsh1.5 trillion. However, the same assembly on 15th April, later after doing their maths, approved the audited accounts of revenue of Kshs1.9 trillion for the financial year 2021/2022 which then makes that Kshs1.9 trillion the latest audited accounts and all calculations then should flow from financial year 2021/2022. Even without going to the science of this argument as captured by the report of our committee, it is very clear that the ordinary revenue is growing every year, but there is no proportionate growth in revenue allocated to county governments. When you look at the report, it captures the imagination of all Kenyans of goodwill that there are expenditures that are non-discretionary for county governments. These are expenditures like payments to the Social Health Insurance Fund (SHIF), the

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Thank you, Mr. Deputy Speaker, Sir, for this opportunity. I plead to switch languages, so that I communicate to Kenyans. Asante kwa nafasi hii ili nichangie kuhusiana na mapendekezo ya fedha ambazo zapaswa kwenda kwa kaunti. Seneti imejieleza wazi kwamba tunahitaji Shilingi bilioni 460 ili kugharamia changamoto na hali ya maisha katika kaunti zetu na bajeti ambazo kaunti zimewasilisha katika mabunge yao. Wiki iliyopita vikundi vya Maseneta vimekuwa vikizuru pembe mbalimbali za nchi ya Kenya kukagua miradi ya maendeleo na utekelezaji wa ugatuzi. Mimi ni mmoja wa Kamati ya Afya ambapo tulizuru kaunti ya Wajir, Marsabit na Mandera. Tuliyoyaona ni ya kusikitisha, kwamba baadhi ya kaunti ambazo tunazo hazina fedha za kutosha kununua mitambo ya kisasa ya matibabu na kuajiri matabibu ambao tumeona wakiandamana na wana ari ya kutoa huduma kwa Wakenya. Kamati ya Ardhi imezuru Kisii na Busia. Tunaona vile vile lazima sekta hiyo ipewe fedha za kutosha ili masuala ya ardhi katika kaunti yashughulikiwe. Iwapo hayo yote ni lazima yatekelezwe, ni lazima tuongeze kimo au fedha zinazoenda kwenye kaunti zetu. Bw. Naibu wa Spika, wiki iliyopita, nilikua na Kamati ya Ukulima, Uchumi Samawati na Ufugaji katika Kaunti ya Bungoma. Kulikuwa na ari au moyo kwa wakulima wa kahawa waweze kupata ardhi ya kuzindua taasisi ya utafiti au maabara ya kutafiti aina na ubora wa kahawa. Kama tunataka hivi vyote vitekelezwe, ni lazima bajeti zinazoenda katika kaunti zetu ziimarishwe. Kule kwetu, wakulima wa maziwa wanauza lita Shilingi 35, lakini kule maeneo mengine nchini, wanauza kwa Shilingi 50. Kile tunasema, ni lazima fedha ziongezwe katika makadirio ya bajeti ili magavana waweze kuajibika kwa fedha walizo nazo na Wakenya waandame fedha hizi kuhakikisha kwamba zinatekeleza majukumu yao. Kule Bungoma, Serikali imezindua baadhi ya soko pale Bukembe, ukija Misikhu, ukienda Webuye, Cheptonon na mji mkuu wa Bungoma. Serikali imeweka hizi soko kandarasi ili watu wachukue zabuni na kujenga. Lakini, itakuaje kwamba Serikali ya kitaifa inataka kufanya kazi ya kaunti ambazo zilipigiwa kura na magavana ambao wako na wajibu wa kujenga soko. Bw. Naibu wa Spika, tunashukuru Serikali kwa kuanzisha mchakato wa kujenga soko lakini tunaposonga mbele, bajeti ziwekwe kwenye kaunti zetu ili magavana na mawaziri wao wapange na viongozi wa wadi wadhibiti na kuchunga jinsi fedha hizi zinazotumika. Ndio sababu mimi nasema, Bunge la Taifa wana fedha wanataka zidhibitiwe katika mikoba yao lakini sisi kama Maseneta ni lazima tuhakikishe Wakenya ambao kila mara wanakamuliwa na ushuru, tuwafanyie kazi. Ukienda maeneo yaliyo na ukame, wana shida ya maji. Maji yamegatuliwa na ni lazima wawe na mitambo na mashine ya kuchimba maji ili kina mama wajinufaishe. Ukienda sekta ya vyuo anwai na shule za chekechea, utagundua baadhi ya maeneo ni vyumba peke yake vimejengwa na hakuna vifaa vya kutosha au vyakula virutubishi vya kuinua afya ya watoto. Pia hakuna walimu wa kutosha wa kufunza watoto hawa. Bw. Naibu wa Spika, itawezekanaje kaunti zitekeleze majukumu haya pasipo kua na pesa za kutosha ili kuhakikisha watoto wanapoenda shule, wanapata nafasi sawa na

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Ngojea, Seneta Wakoli. Kiongozi wa Wachache?

Asante, Bw. Naibu wa Spika. Sijui kama umesikia ndugu yetu Wakoli akisema ya kwamba, kuna wale ambao watoto wao wanakunywa maziwa na zile chupa za kawaida na kuna wale watoto wa mabwenyenye wanaokunywa na zile chupa zilizotengenezwa kisawasawa. Sijui kama kuna chupa aina hiyo za watoto wadogo za kunyonya. Labda atueleze zaidi.

Asante, Bw. Naibu wa Spika. Ninaheshimu uwezo na tajriba ya Seneta aliyeniuliza swali. Lakini, Wakenya wanaonitazama wanaelewa kwamba, kwa baadhi ya kaunti, watoto huona maziwa kwa vyombo vya habari. Watoto huona maziwa iwapo mwana wa mbuzi anapomnyonya mamake. Mambo ya chupa yasiwe ya muhimu sana. Cha muhimu ni mmoja anakunywa maziwa kwa chupa ya kawaida na mwingine anakunywa maziwa katika vijikombe vya mabati. Ninaomba nirejelee kwa Hoja. Ugatuzi uliletwa katika nchi ya Kenya kusawazisha maisha ya Wakenya na kuwaweka katika barasta iliyo sawa. Vyuo anwai na vyuo vya chekechea, ni lazima viwe na maabara, walimu wa kutosha na mashine na mitambo ya utafiti ya kutosha ili watoto wanapotoka Bungoma, Marsabit na Kisumu, wakikutana uwanja wa kutafuta kazi, wote wako sawa sababu ugatuzi uliwatendea wema wote, pasipo kunyimwa haki kikatiba. Ndio sababu ninaungana na Maseneta wengine na kusema kwamba, wakati umefika, magatuzi yapewe pesa za kutosha na tunapowapa pesa, tutawaandama kwa miradi ya maendeleo ili tuhakikishe fedha zinazoenda kwa miradi hii zinaenda sambamba na yale tunaona yakihadithiwa na macho mashinani. Nimegundua kwamba, ng’ombe wa kiuchumi ni miradi ghushi au miradi hewa. Yaani wanaweka mamilioni, lakini chini ya mamilioni haya, kuna wale wanakamulia chini kama wanakandarasi. Ni lazima Wakenya wawe macho kuhakikisha kwamba miradi inayotekelezwa, inaafiki matarajio yao na wanahusisha umma, kwa kimombo, public participation ili miradi iafiki matarajio ya wale wahusika ambao watanufaika na miradi hii. Bw. Naibu wa Spika, katika mapana na marefu, falsafa ya Serikali, ninaomba Jumba la Seneti lisimame wima, lisimame tisti, lisiumbishwe, lisipigiwe simu kutoka kwingine, tuamue jinsi tulivyoamua sasa na tutetee magatuzi yetu. Hizi pesa zinapoenda kule mashinani, vijana wengi mitandaoni hawana kazi. Ninaomba Seneti tuwachangamkie hao magavana. Kandarasi na pesa zinazopeanwa kule mashinani ni kwa baadhi ya makampuni zinazopewa ni makampuni yaliyoandaliwa kitaaluma ya watu fulani Nairobi, kunyima vijana wa mashinani kazi. Ni lazima tumulike hapo tujue. Asilimia 30 wanasema iwe ya watu wenyeji au 70 ya wenyeji. Lakini, ukimulika sana, baadhi ya wanakandarasi hawa si wenyeji na ni wale

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Salama. Seneta Beatrice Akinyi.

Mr. Deputy Speaker, Sir, I thank you for granting me this opportunity. From the onset, I support the Report on the Division of Revenue Bill, 2025. The Constitution talks about two levels of government; one, the national Government and 47 county governments. These county governments are referred to as distinct with constitutional mandates that must be carried out. From the word go, we would like to tell Kenyans and anyone else who cares to listen that Kenyans are one and there are no Kenyans that we can classify as belonging to the national Government and others belonging to county governments. That is why revenue that is shared between the two levels of government must be done in such a way that the other 47 levels of government are able to operate because they have functions provided to them by Kenyans. I laud one outstanding personality in this Republic; Hon. Raila Amolo Odinga. I am happy that the former Prime Minister will come to the Senate tomorrow to address the Senators. Sen. Nyamu looks surprised, but she should be prepared for tomorrow because the father of devolution will be at the Senate. We are ready to listen to his words of wisdom. He is a man who has a firm belief in devolution. He has supported devolution since then and continues to support it. The former Prime Minister stands with the tenets of devolution even when a number of people are not happy about it.

I rise to support the Report. It talks about the projected revenue collection for the Financial Year 2025/2026. There is a proposed county government equitable share of Kshs409 billion, which represents 14.28 per cent. That in itself is below the constitutional mandate that talks about not less than 15 per cent. Why would we be talking about 14.28 per cent? I support the few speakers who have been on the Floor. The Constitution talks of not less than, which means that the county governments can be given up to 35 per cent or even more. This what a number of us have been talking about. The county governments have constitutional mandates and our people are in dire need of some of these services. That is why I support this Report. The county governments should be given not less than Kshs465 billion for the Financial Year 2025/2026. I want us to refer to some of the functions that the county governments undertake. We have a key component of services in the roads department. We have classification of roads; county roads and national roads. How will the counties open up and make county roads motorable if they are not given adequate funding? I want us to reflect back to our counties. I come from a constituency called Ndhiwa in Homa Bay County. In that constituency, we have one tarmac road that goes through it. It comes from Rodi Kopany to Sori. Basically, we have no roads in that constituency. Part of our hope are roads that are classified as county roads. We pray that those roads will be opened up, murramed and made motorable.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Sen. Beatrice, your time is up. Thank you for your contribution. Sen. Okoiti Omtatah, proceed.

Mr. Temporary Speaker, Sir, thank you for the opportunity to address this august House. I support the Bill on the increased allocation of Kshs645 billion. I will also pick up from where the Senator has just left off on the issue of the water pan in Changara, which was fully funded by the World Bank, yet nothing happened. I took action. I brought the people together, and we managed to get the Senate Committee, of which Sen, Beatrice is a Member, to visit the site. They saw the situation first hand. If they had just crossed the boundary into Bungoma, they would have seen a similarly funded system that is functioning. In Busia, it never worked, so we hope to get to the root of the issue. Over and above that, the World Bank sent about Kshs200 million to Busia in the past two budgets. I have done a follow-up. In fact, the group I assigned to do some auditing just finished and gave me a report yesterday. None of them is functional, but all the money has been depleted. The money is not in the account. In short, I am just saying that Busia is an economic crime scene that needs serious attention from the Senate. It is a total crime scene. Now, going back to the Motion on the Floor on the question of division of revenue, I support the figure of Kshs465,001,459,673 that has been recommended. However, that is as far as I support, because it is an improvement on the last allocation. I

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Sen. Omtatah, your time is up. Being an astute public interest litigant, I propose that the proposals that you have made in your submissions go into proposals that will guide the eminent legal minds towards asking the House to seek for those proposals in amendments to the relevant law, so that we speak in one voice. Please, do not leave it to lawyers only. You are one such honorary practitioner by virtue of public litigation that you are doing.

Next is Sen. Peris Tobiko.

Thank you, Mr. Temporary Speaker, Sir. Let me take this opportunity to add my voice to the debate on the Division of Revenue Bill, 2025. Members have exhaustively addressed this Bill on the equitable share, that has been allocated to the counties in the Financial Year 2025/2026. I agree with Sen. Omtatah that there is an increment from last time’s figure, which was approximately Kshs387 billion to the current Kshs405.1 billion. The nominal

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Thank you, Sen. Peris. Sen. Maanzo, you can address the House from the Dispatch.

Thank you, Mr. Temporary Speaker, Sir. Since devolution started, I have debated this Bill every year. At first, it used to start at the National Assembly, but I have seen that this time round, it has been signed by the Chairperson in charge of the Liaison, Hon. Gladys Boss. After the National Assembly debates it, it comes to the Senate. However, in one way or another, a decision has already been made at the National Assembly and when it comes here, it is a debate where we might not change a lot. A lot of times we have tried to change or increase the revenue or monies going to the counties, but most of the time it is difficult. If you look at the current Division of Revenue Bill, 2024/2025 and the one we will do this year and next year, you will realize that money was reduced in last year’s one. What we were bargaining for last year is what has now been awarded - Kshs405 billion for the counties. Mr. Temporary Speaker, Sir, devolution is in our Constitution and is the sure tool to develop counties. It is the best way one can get to the grassroots. Our biggest role is to support devolution as the Senate and make sure that devolution works. There are national functions and county functions as Sen. Peris Tobiko, my neighbour, has said. The national functions have things we should really invest in. Kenyans waste a lot of time on the road and there are road accidents as well. By now, we should be having a dual carriage to Mombasa. At some point, the Americans were to do it and they had negotiated a very good deal. We also expect a dual carriage to Western Kenya, so that goods and services can move fast from our ports to the ports in Lake Victoria, Uganda and the other countries that are served by our port in Mombasa. There is also the proposed corridor through Isiolo as well as the Airport in Isiolo, which has become a white elephant; bearing that the construction had problems. We also never got value for money for that Airport. Mr. Temporary Speaker, Sir, when you look at the national functions vis-a-vis the counties; they are intertwined. It is therefore important that we develop the county and all the taxes that are collected from Kenyans go into good use. Then Kenyans will be more

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Thank you, Sen. Maanzo.

Hon. Members we do not seem to have any other Member interested in contributing to this particular Bill. In the circumstances therefore, we shall defer the reply to the next sitting of the House, which is tomorrow, noting that the Senate Majority Leader, who sponsored the Bill, is not in the House.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Hon. Members, this is resumption of debate that was interrupted on Thursday, 15th May, 2025. This Bill is sponsored by Sen. Eddy Oketch, who is not present in the House.

Hon. Members, equally, Order No.14 has no interested Members to contribute. Therefore, we shall defer the reply by the Mover to the next sitting of the House, which is tomorrow.

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Thursday, 22nd May, 2025, at 2.30 p.m.

The Senate rose at 6.30 p.m.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.