SENATE

Monday, The Senate

February 19, 2024 - Sunday, Weekly
February
  25, 20241


The

SENATE

     
Weekly


Issue No. 0022

Issue No.001

TheJustice
Committee proposes change
in MCA nomination criteria
The Committee says a nominated

county
   MCA

Weekly
should be a registered voter in any of the wards in that
or a resident of that county or demonstrate interest in the affairs of that county.
Issue No.001

Senator Wakili Hillary Sigei, the chairman of the Committee on Justice, Legal Affairs and Human Rights, with other members of the during the past sitting
of the committee. Senator Hamida Kibwana (second left), Raphael Chimera and Fatuma Dullo (right).

T
he Justice, Legal Affairs and of the Assembly and in representation of County Assemblies Forum. every Kenyan to be a candidate for public
Human Rights Committee has the interests for which they have been so IEBC opposed the petition arguing office without unreasonable restrictions.
proposed amendments to the laws nominated.” that it will be a problematic regulation “The unreasonableness may include
governing the nomination of Members The report contains findings of to implement as the registration officers setting different parameters for party
of the County Assembly. investigation on the petition submitted often had a difficult time establishing list election, yet Article 193 of the
The Committee says the current to the Senate by Mr Laban Omusundi what would suffice as proof of residence. Constitution does not dictate any
system allows political parties to which had proposed the enactment of The Commission said the requirement conditions,” ORPP submitted.
nominate MCAs without considering a clause in the electoral laws to ensure of residence for special seat nomination The Registrar observed that the
their relationship with the counties in that all nominated MCAs are voters and would pose a similar challenge. requirement for a candidate to be a
which they are elected to serve. residents of the respective counties. Highlighting the objects of devolution registered voter is not qualified to
A report tabled in the House last The petition was filed in the House on as set out in the Constitution, IEBC noted whether one is registered in a particular
December by the Committee has October 4, 2023, and was committed to that the Constitution envisions that the ward or county.
proposed that candidates who seek the Committee for consideration. communities in a county manage their The Constitution does not provide
nomination to serve as MCAs must be Mr Omusundi argues in his petition own affairs and that the marginalised for separate qualifications for persons
registered voters in any of the wards in that some nominated MCAs are serving groups are protected. who are elected to a county assembly
the county in which they seek serve as in counties where they are not registered “The amendments proposed in the either through gender top-up list or
ward representatives. as voters and, therefore, are unaware petition may be deemed unconstitutional marginalised groups list.
The report further adds that such of the challenges and needs in those for want of adhering to previous The ORPP further argued that
a candidate must be a resident of the counties. court judgments and the letter of the residency in an electoral area is neither
county or, in the very least, demonstrate “This practice denies the indigenous Constitution,” said the Commission in a ground to register as a voter nor to vie
interest in the affairs of that county. people who are the voters and who meet the submission. for an elective seat.
“It will not be appropriate to place all requirements to be given nomination Instead IEBC said there is need “This could be attributed to various
requirements that would be deemed too opportunities to serve the people for development of a comprehensive reasons including change of job
restrictive and which would run counter effectively,” Mr Omusundi says in the legal framework on the representation location, loss of jobs hence changes in
to the principles in the Constitution and petition. of ethnic and other minorities and residency, historical reasons as to why
electoral laws,” the committee observes Among the stakeholders the Committee marginalised groups to realise the some Kenyans reside in urban areas but
in the report which was tabled before the invited to give submissions are the intention of Articles 90, 97, 98, 100, 174 registered as voters in their rural are,
lawmakers went for recess. Independent Electoral and Boundaries and 177 of the Constitution. as well as freedom of movement,” the
“But it is equally important that Commission, the Office of the Registrar The ORPP also argued that the prayer Registrar submitted.
nominated MCAs have a level of of Political Parties, Political Parties in the Petition would not stand the On the effect of the proposed
connection with the concerned county, so Liaison Committee, Kenya Law Reform test of limitation of Article 38 of the amendment on political parties, ORPP
as to effectively participate in the work Commission, Council of Governors, and Constitution, with regard to the right of submitted that proposal would offer ‘big
PAGE 2
2 The Senate Weekly

KLRC submitted that electoral laws CoG Submitted.

and provisions must be consistent with The County Assemblies Forum
constitutional principles and must not opposed the petition saying it could
infringe upon fundamental rights. introduce complexities in practice, as
“Adopting the proposal contained in defining residency and verifying it for
the petition could result in constitutional all candidates could pose administrative
or legal challenges such as potential and logistical challenges, potentially
violations of the freedom of movement, slowing down the selection process.
association, and non-discrimination,” In its report, the Committee admits
said KLRC. that introducing a mandatory residency
PPLC to the committee that the requirement for one to be nominated as a
modern nature of residency and ethnicity member of county assembly would pose
Senator Wakili Sigei and Senator Veronica Maina with Mr Musundi, the petition- currently would make it challenging to administrative and logistical challenges
er, and his colleague when they appeared before the Committee to prosecute the ascertain the grounds with which to in its implementation.
petition. validate the suitability of candidates. “It would be discriminatory to impose
“The Committee should not grant separate eligibility requirements for
parties’ undue advantage over ‘small on principles related to representation, the prayers sought in the Petition, as elected and nominated members of
parties’ as the former may have party accountability, connection to the this would be counterproductive to a county assembly, noting that, once
members who are registered as voters community, preventing outside influence the initiatives of political parties in elected, both are considered equal
across the 47 counties therefore, they and legitimacy and trust,” noted KLRC promoting national cohesion,” it noted. and perform similar functions in the
would be the only parties compliant in its presentation. The Council of Governors supported assembly,” the committee says in the
with such party list requirements. Thus, There is therefore a need to balance the petition and urged the Committee report.
it would have a negative systemic effect the principles of representation and to accede to the prayers and, further, to But members of the committee insisted
on political parties. accountability with the need for diversity amend the law to require that, for one to there is need to ensure that nominated
While KLRC said there is merit for and expertise. be nominated as a MCA, then that person members of county assembly have a
the requirement of residency and voter KLRC noted that, while the must be a registered voter in that county; demonstrable connection to the county
registration for a nominated MCA in Constitution does not speak to residency and must be a resident of the county for in which they seek to be nominated as
the respective county of nomination, the in clauses relating to nomination of the at least five years immediately preceding members.
cons on the requirement of residency MCAs or Governor, the Commission the date of elections. “This may be achieved by providing
and the proposal for ethnic consideration leaned towards an adoption of the “MCAs should be persons who are several avenues through which one
in the nomination of MCAs would lead proposal based on the social, economic, not only voters in the county but are also may qualify for nomination, including
to Constitutional infringement. and political reasons already enumerated. residents on that county. This is the only registration as a voter in the concerned
“The requirement that elected or On the question whether reflection way that the community and cultural county, residency within that county, or
nominated individuals to political of the ethnic communities in respective diversity of the county and adequate a demonstrable interest in the affairs of
offices should be residents or registered counties was necessary in determining representation to protect minorities that county.”
voters in areas they represent was based who can be nominated as an MCA, within the county may be achieved,”

Guard against political partisanship, Senators warn parliamentary staff

Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo speak to staff in the Directorate of Speaker’s Office during the meeting. On the right, is a sec-
tion of the staff who attended the meeting.

T
he Senate leadership has cautioned Senator Cheruiyot said during a retreat the Public Communications Department. “It is you who knows your Senator.
the staff of Parliament against for staff working in the Directorate of The meeting was designed to bring You know why he contested and was
political partisanship and instead the Senate Speaker’s Office. together the staff and Senate Leadership, elected. There must be purpose and as
urged them to focus on facilitating the The Directorate mainly brings build synergy as a dress rehearsal for an individual you must help the senators
lawmakers deliver on their constitutional together staff on contract serving the Third Session that will run from achieve their dreams.”
mandate. Senators holding leadership positions. February 13 into December 2024. Senator Madzayo spoke in the same
Majority Leader Aaron Cheruiyot They include officers serving in the The meeting was convened by Mr vein, advising the officers to adequately
and Minority Leader Stewart Madzayo Office of the Speaker, Deputy Speaker, Ben Furaha, who is the head of the prepare and facilitate their clients.
advised the staff to reflect on their work Majority and Minority leaders and their Directorate. “To do that you need to fully
and explore ways in which they can make deputies; Majority and Minority Whips “This is not about the position you understand the law-making process,” he
Senators deliver on their core mandate and their deputies and the Members in hold in the office you are serving. Do said.
especially during this Third Session. the Speaker’s Panel. your best and help your senator deliver He added: “It is you who should
“Take it is a challenge and think The Directorate also includes on his constitutional mandate. And stabilise us and ensure that the laws
through ways in which you can make Parliamentary staff serving in the Media please don’t be caught in the coalition we make matter and are relevant to the
your Senator become a good leader,” Relations Department and those from politics,” said the Majority Leader. citizenry.”
 SPEAKER’S DIARY The Senate Weekly 3

Change strategy for effective delivery of your

constitutional mandate, Speaker Kingi urges Senators

S
peaker Amason Kingi has told
Senators that there is need to
change the strategy to ensure that
legislative business is expedited during
the Third Session of the 13th Parliament.
A total of 44 Bills are pending in the
Senate, out of which nine are National
Assembly Bills and 35 are Senate Bills.
“This illustrates the work cut out
for the Senate in this session,” said the
Speaker in the communication to the
House when he welcomed Members
from the December recess on Tuesday
last week.
“We must change the strategy to
ensure that legislative business is
expedited in the Third Session. I call Speaker Kingi marches to the Chamber on the first day of the Third Session on Tuesday, 13, 2024.
upon the Senate leadership to lead us in
this respect.” The First was the Biannual Devolution introspection in relation to the lessons County and play a pro-active role in
He directed the Chairpersons of Conference that took place in Eldoret, learnt and devise strategies, including the opportunities available and finding
Committees to hasten consideration Uasin-Gishu County and the Senate legislative interventions, to address solutions to the challenges observed.
of pending business in their respective Mashinani held in Lodwar, Turkana pertinent issues that arose from the two “This is an important Session
committees and table the reports for County. events,” he told the House. which will offer you an opportunity to
consideration by the lawmakers. Speaker Kingi told the House that He also directed the Standing demonstrate your commitment; fulfilling
During the Second Session, the the lessons learnt from these two events Committees to critically interrogate the responsibilities bestowed upon you
Senate participated in two critical events continue to shape the discourse on how the communique from the Devolution by the Constitution. This will call for
that play an immense role in protecting the Senate undertakes its mandate. Conference and experiences picked Senators to prioritise attendance and
and upholding the devolved governance “The Senate must undertake an from the Senate Mashinani in Turkana active participation in the Chamber.”
structure.

Speaker Kingi plea to Parliaments for collaboration

on Climate Action and conflicts in Global South
S
peaker Amason Kingi has urged The session focused on the role of
Parliaments in the global South to Parliaments in Conflict Resolution and
actively take part in conversations Climate Change mitigation, as a way
meant to drive the development agenda in of creating and enhancing opportunities
the countries in the southern hemisphere. for sustainable development in Southern
The Speaker called on the legislatures hemisphere countries.
to immediately take a leading role The forum, attended by leaderships
in resolving conflicts and addressing of Parliaments and Parliamentary Unions
impacts of climate change if sustainable from Africa, the Arab World and Latin
development is to be achieved. America, provided an ideal platform for
“If unchecked, the impacts of formulation of strategies and mechanism
perennial conflicts and climate change for addressing these challenges to foster
will continue to undermine aspirations of development.
the countries in the south to catch up with “Parliamentary engagements
countries in the north on development,” should constitute part and parcel of the
observed Speaker Kingi. South-South collaborations meant to
He made the remarks at the prioritise improvement of livelihoods
Parliamentary Conference on South- in the southern hemisphere nations,” the
South Cooperation in Rabat, Morocco speaker explained.
on Friday, February 16, 2024. He emphasised that Parliaments
The conference was organised by should be at the heart of interventions
the Association of Senates, Shoora, and meant to improve the lives of populations Speaker Kingi makes his address during the conference of the Association
Equivalent Councils in Africa and the through effective representation, prudent of Senates, Shoora, and Equivalent Councils in Africa and the Arab World
Arab World (ASSECAA). legislation and diligent oversight. (ASSECAA) in Rabat, Morocco.
4 The Senate Weekly KURUNZI BUNGENI

Wakazi wa Muthanthara Kaunti ya Embu

walilia Bunge la Seneti kuhusu hati miliki
W
enyeji wa Kata Ndogo ya ya Ardhi, Nyumba na Ujenzi wa Miji, “Serikali ya Kenya ina wajibu
Muthanthara Kaunti ya Embu Tume ya Kitaifa ya Ardhi na Msajili wa kuwapa hati miliki raia, unaweza
wamelitaka Bunge la Seneti wa Ardhi katika sehemu ya Siakago kufikiria suala hili la utoaji wa hati miliki
kuangazia kwa kina tatizo la ukosefu wa ingawa hakuwa hatua yoyote ambayo za ardhi ambalo daima tunalizungumzia
utoaji wa hati miliki wakisema hali hiyo imechukuliwa kufikia sasa. ni hatua kutoka mbinguni,” alisema
imewasababishia changamoto si haba. Wenyeji hao sasa wanalitaka Bunge la Seneta Wambua.
Kupitia ombi lililowasilishwa Seneti kufanya uchunguzi kuhusiana na “Wale watu walio kwenye Kaunti
kwenye Seneti na Peter Kangwaru kwa suala hilo kwa dhamira itakayohakikisha ya Embu ambao wanadai kihalali ardhi
niaba yao, wenyeji hao walifafanua wakazi wa Muthanthara wanapewa hati wanapaswa kupewa hati miliki za
masuala mbali mbali yanayohusiana na miliki za ardhi wanayomiliki baada ya ardhi ili waweke makazi ya kudumu
hali wanayoipitia kwa sasa wakiitaka shughuli ya kuiainisha mipaka. na kuendesha shughuli zao,” alikariri
Seneti kufanya hima kuyashughulikia Seneta Munyi Mundigi aliunga Seneta huyo.
masaibu yao. mkono ombi hilo akitoa wito kwa Seneti Maseneta wengine waliochangia
Walalamishi hao walifichua kuwa kulitathmini kwa kina suala hilo na kutoa kwenye ombi hilo walisisitiza umuhimu
wao na jamii ya Kata Ndogo ya suluhu kwa wenyeji wa Muthanthara. wa Bunge la Seneti kujitolea kikamilifu
Muthanthara kwa upana wameishi bila Aidha aliwaomba viongozi kuungana kuangazia matatizo ya umiliki wa ardhi
hati miliki za ardhi wanayomiliki tangu na kuyaangazia kikamilifu matatizo yanayowaandama wengi wa Wakenya
uhuru. yanayokumba umiliki wa ardhi. Seneta Mundigi hususan utoaji wa hati miliki.
Walielezea hofu kufuatia kile “Viongozi wanafaa kuketi chini na Spika wa Muda wakati kakao hicho,
walikitaja kuwa kuondolewa kwa nguvu kuelewana kuhusu mambo ya mashamba, sugu la umiliki wa ardhi kwenye Kaunti Seneta wa Bomet Wakili Hillary Sigei
kwa wenyeji wanaoishi upande wa kuna watu wamejenga nyumba za mawe, ya Embu akiliomba Bunge la Seneti aliwasilisha ombi hilo kwa Kamati
Mbeere wakisema hatua hiyo imewatia vile vile, kuna kanisa na shule, sehemu kulichukulia suala la ardhi nchini kwa ya Kudumu ya Ardhi, Mazingira na
kiwewe na kuwafanya kuishi kwa hofu itakayobakia, watu wapewe kidogo umakini na umuhimu wa hali ya juu. Maliasili kulingana na Kanuni za Bunge
ya kufurushwa wakati wowote. kidogo ili kila mtu apate,” alisema Aliwahimiza wenyeji kutoishi kwa la Seneti Nambari 238 ibara ya kwanza.
Walisema masuala yaliyojumuishwa Seneta Mundigi. hofu akikariri kuwa kila Mkenya ana Kamati hiyo inapaswa kutoa majibu
kwenye ombi lililowasilishwa kwenye Akichangia kwenye ombi hilo, haki kufungamana na Katiba kumiliki kwa walalamishi kupitia kwenye ripoti
Bunge la Seneti yaliwasilishwa tayari Seneta wa Kaunti ya Kitui Enoch ardhi na mali katika sehemu yoyote ya itakayowasilishwa katika muda usiozidi
kwa mamlaka husika ikiwemo Wizara Wambua alifichua kuwepo kwa tatizo Kenya. siku 60.

Afisa wa zamani wa KDF aliomba Bunge la

Seneti kumsaidia kupata haki
A
fisa wa zamani wa Kikosi ya kuacha kazi kutokana na changamoto
cha Jeshi la Ulinzi cha Kenya za kiafya zilizosababishwa na majereha
amewasilisha ombi kwenye hayo.
Bunge la Seneti akilitaka Bunge hilo Hata hivyo licha ya afisa huyo za
kuingilia kati na kushinikiza alipwe fidia zamani kukamilisha na kuweka sawa
kutokana na majereha aliyoyapata akiwa stakabadhi zake za kuondoka kazini,
kazini. hakulipwa chochote hatua iliyomsukuma
Isaiah Oduor Ochanda ameliambia kuwasilisha kesi kwenye Mahakama
Bunge la Seneti kuwa licha ya mahakama Kuu mnamo mwaka 1996 uamuzi
kutoa uamuzi wa kulipwa fidia mnamo ukifanywa mwezi Machi 2011.
mwaka 1996, mamlaka husika imedinda Mahakama Kuu iliipata na hatia
kutekeleza uamuzi huo. Wizara ya Ulinzi na Afisi ya Mwanasheria
Akiweka wazi ombi hilo kwenye Mkuu kwa kukosa kuiheshimu amri ya
Bunge la Seneti, Spika Amason Jeffah mahakama licha ya mlalamishi kufuatilia
Kingi aliwakumbusha Maseneta kuhusu utekelezaji wa amri hiyo akihusisha
hitaji la Kifungu cha 119 ibara ya 1 cha afisi mbali mbali ikiwemo ya Tume ya
Katiba kinachompa Mkenya yeyote Utawala wenye Haki na Tume ya Kitaifa Seneta Cheptumo, Mwenyekiti, Kamati ya Usalama wa Kitaifa, Ulinzi na Mashauri
uhuru wa kuwasilisha ombi lolote ya Haki za Kibinadamu nchini Kenya. ya Kigeni.
kwenye Bunge kwalo kulitathmini na Mahakama iliamrisha mlalamishi
kutoa mwelekeo kabambe. alipwe fidia japo kufikia sasa amri hiyo Spika Kingi aliliwasilisha ombi hilo Seneta wa Kaunti ya Baringo William
Mnamo mwaka 1987, mlalamishi haijatekelezwa. kwenye Kamati ya Kudumu ya Usalama Cheptumo itahitajika kuandaa kikao na
alipata majereha kwenye uti wa mgongo Mahakama Kuu ilitoa hati ya kutiwa wa Kitaifa, Ulinzi na Mashauri ya Kigeni mlalamishi na mamlaka inayohusishwa
akitekeleza majukumu yake, majeraha nguvuni baada ya wahusika kudinda kufungamana na Kanuni za Bunge la na lalama hizo kabla ya kuandaa na
yaliomsababishia ulemavu. kutekeleza amri ya mahakama japo Seneti Nambari 238. kuwasilisha majibu kwa mlalamishi.
Baadaye mwaka 1995, alipewa barua hamna aliyetiwa nguvuni hadi sasa. Kamati hiyo inayoongozwa na
 COMMITTEES ROUND-UP The Senate Weekly 5

Speaker Kingi urges Senators to prioritise consideration

of the BPS with special focus on the Senate’s mandate
T
he next 14 days will be busy Senator Catherine Mumma, a member have regarding the BPS, Division of
for the House as Senators get of the Speaker’s Panel. Revenue Bill, the County Allocation of
down to consider the Budget Other tools that were tabled in the Revenue Bill, the County Governments
Policy Statement (BPS) for the 2024/25 House by the Leader of Majority are Additional Allocation Bill, 2024 and the
financial year. the Medium-Term Revenue Strategy for financing structure thereof, among other
The BPS, and other key tools of the 2024/25 to 2026/27 financial years and recommendations, should be canvassed
Budget cycle, were tabled in the House the Medium-Term Debt Management and forwarded to the Cabinet Secretary
on Thursdays in line with the legal Strategy, 2024. for the National Treasury and Economic
requirement and the Speaker directed Others are the Draft Division of Planning for consideration when
all Standing Committees to consider Revenue Bill, 2024, the Draft County finalising the budget for the relevant
the BPS, with each concentrating on its Allocation of Revenue Bill, 2024 and the financial year,” Speaker Kingi directed
mandate, highlighting any policy and Draft County Government’s Additional in his communication.
financial recommendations. Allocations Bill, 2024. The Committee on Finance and
In the Communication to the Section 25 of the Public Finance Budget will be required to consider the
House, Speaker Amason Kingi urged Management Act and Standing Order recommendations from the Standing
the lawmakers to prioritise the scrutiny No.186 of the Senate requires the Committees as well as consult the key
of the BPS, with special focus of their National Treasury to prepare and economic and budget institutions in
most important function, which is, submit the Budget Policy Statement to finalising its report on the BPS.
safeguarding devolution. Parliament by February 15, each year. The Finance Committee will be
“Recommendations of the Standing To assist the Standing Committee required to table its reports on or before
Senator Mumma, a member of the Committees must be forwarded to the to unpack the contents of the BPS, the Wednesday, February 28, 2024 for the
Speaker’s Panel, who delivered the Committee on Finance and Budget on Finance and Budget Committee has Senate to consider and decide on the
Communication on behalf of Speak- or before Thursday, February 22, 2024,” organised a breakfast meeting for all Report by Thursday, February 29, 2024.
er Kingi. directed the Speaker in a communication Senators on Tuesday, February, 20 2024.
that was delivered to the House by “Any proposal that Senators

Femicide is national disaster says Senator Asige

T
he spate of femicide incidences At the courts, she said, it was taking
that have rocked the country in over five years to prosecute the cases and
the recent past have attracted fury hand justice to the victims.
from Parliament with Senators calling She recalled that Kenya has vowed
for stern action to tame the growing to end GBV by 2026, some two years
cases of Gender Based Violence (GBV). away, even as the State looked helpless
The Senate is now indicting the in tackling the vice.
State following its failure to implement She complained that the government
measures to help protect women who are has failed to implement measures to end
losing their lives in the hands of their the vice through establishment of a GBV
perceived lovers. Fund, GBV shelters in every county
Through an adjournment motion, and enforcing GBV laws for the sake of
Senator Crystal Asige, Senators femicide victims.
expressed concerns that at least 17 “The government is dragging about
women have been killed in the country Senator Asige, the mover of the Senator Orwoba, the seconder. in implementing these commitments,”
in the past one month through femicide motion said Senator Asige.
incidences with no active state action. Seconding the motion, Senator
sharply reducing love into femicide,” She named some of the women who
While moving the motion, Senator Orwoba the debate by the House will
said Senator Asige. have fallen to femicide, among them Ivy
Asige said the vice has been turned into be the start in shaping the narrative by
The lawmaker said murders of Wangevi, a doctor who was axed by her
a sheer sport with many of the murders those who think it is in order to continue
women has been a norm that begun in lover in Eldoret.
going unraveled by the authorities killing women.
ancient days to the time when the famous Others on her list was Sharon
despite necessary measures that have “We need to start talking about the
Valentine’s Day was established. Atieno - a university student in Migori,
been put in place to tame such incidents. things we need to do to end this vice and
Valentine’s Day is famously known Elizabeth Ekoru - a State Commendation
Terming the vice as barbaric, Sen other GBV cases. Each life we have lost
for celebration of love but Sen Asige holder and Agnes Wanjiru, who was
Asige said the recent murders - many of to femicide is equal to a life lost through
said Kenya is today struggling with GBV killed by a US military officer.
which have been reported in Air BnBs war. This (motion) therefore is not just
cases against women, a clear depiction The murders, she protested,
- should be called out for what it is; a about issues of women but everyone and
of the ancient practices that led to loss of remained unresolved many years later,
national emergency. livelihoods because women, just like
lives for the female gender. noting that the few she had mentioned
“From January, at least 17 cases men, have equal rights. They are our
Senator Asige said over 40 per cent is a fractional representative of many
have been reported and this is a threat mothers, sisters and daughters,” she said.
of women experience cases of intimate who have fallen to the brutal hands of
that has gone too far. Brutal killings are
violence from their partners. femicide as the country watched.
6 The Senate Weekly KIPTUM’S FAREWELL

Senators eulogise the late Kiptum, term his

demise great loss to the country

S
enators have eulogised the fallen given a heroic sendoff.
marathon world record holder He called for VIP protection for
Kelvin Kiptum who died through athletes going into the future.
a tragic road accident with the House Senator Margaret Kamar said it was
terming his demise as a great loss to the extremely sad for her because Kiptum
country. comes from her village of birth.
The House adjourned its afternoon “When I saw the people mourning, I
sitting on February 15, 2024 to allow could recognise 70 per cent of them. It is
Senators eulogise a man most said he extremely sad. It hurt everybody because
had done a lot to market Kenya across this is something that was least expected.
the world. I pass my condolences to the whole
The adjournment motion was moved village of Chepsamo and Chepkorio; our
by Nandi Senator Samson Cherarkey. village and to wish them God’s comfort
The Senator said the demise of the at this very difficult time,” she said.
marathoner is an issue of a national She said the fallen hero is a man from
definite importance, noting that the a very humble background. “We have
fallen hero was an important asset to the seen very humble people grow because
country. of sports, especially athletics. It is very
“Like many boys who are growing unfortunate that we have continued
up, he used to run every morning and to lose some of them through road
evening like some of us used to when we accidents.”
were young,” said Senator Cherarkey She said it is a wake-up call to the
when he moved the motion. country to ensure that promising athletes
Kelvin came into athletics stardom are taken care of.
when only at 18 years at the Eldoret Half This, she said, should include being
Marathon. He finished first in the 21 given at least a driver and a bodyguard
kilometre race in Eldoret in 2018. even as she urged the Ministry of Youth
A year later, he also finished first in Affairs, Sports and Arts to pay more
21-kilometre marathon in France. Senator Cherarkey, the mover of the motion. attention to young athletes.
“It has to be noted by many Kenyans She also challenged the Senate to
that Kelvin Kiptum was self-coached. look at sports because it is a devolved
Most of the professional athletes have function and see what we can do about it.
coaches who give them technical advice “The stadia are under the counties.
and support. However, Kelvin was self- The sportsmen and women are also
coached until 2021 when the Rwandese in the counties. Let us have a way of
coach, Gervais Hakizimana came on protecting these people so that they do
board,” added the Senator. not die careless deaths,” she said.
Hakizimana also perished together Elgeyo Marakwet Senator William
with Kiptum in the accident with Senators Kisang, from whose county the fallen
expressing condolences, empathies and athlete hailed, said he grew up from a
sympathies to his family in Rwanda. very humble background in Kipsamol
The late Kiptum was due to race in Village of Kaptarakwa Ward.
Rotterdam Marathon on April 14, a run “That was a man who struggled. We
that may have further cemented his first heard the father saying that he was the
rise in marathon. only child. The mother had problems
Kiptum’s personal best was in 10,000 when she gave birth to him and as an
meters where he ran 28:27 at Stockholm honourable man, he accepted just to
in 2021. have one child,” said Sen Kisang.
In road races, Kiptum ran 10 He said Kiptum did not know that he
kilometres under 28:17 in Utrecht in was going to be a great runner and he
2019. trained as an electrician but along the
He also participated in a half marathon way discovered that he had the talent and
of 58:42 in Valencia in 2020 and the started practicing on his own, running
London Marathon of 2023 that lasted without wearing shoes.
2:2:25, becoming the third fastest of all Margret Kamar. Cabinet Secretary for Youth Affairs,
time. Sports, and Arts Ababu Namwamba has
During the Chicago 2023 race, he beat week before he perished through that “I am happy four people presented advertised for a tender for that stadium
the greatest of all times, Eliud Kipchoge tragic road accident. themselves to Iten Police Station and to be completed.
by running for 2:00:35, a world record Senator Cherarkey urged the police to have recorded statements with relevant
that was ratified by World Athletics a conclude investigations into the accident. agencies. We want our athlete to be
 BILLS The Senate Weekly 7

The Nuts and Oil Crops Development Bill, 2023 goes

through First Reading

T
he Nuts and Oil Crops pertaining to the development of the
Development Bill, 2023 has crops.
finally been introduced in the It will also be expected to collect,
House, offering nuts and oil crops collate and disseminate information on
farmers hope of a better future. the nut and oil crop industry including
The Bill, sponsored by Senator the appropriate technology and practices
Hamida Kibwana, is proposing to to ensure maximisation of yields by
provide an avenue for appreciating farmers.
the medicinal, aesthetic, touristic and The board shall regulate the marketing
artistic value of various nuts and oil and the exportation of nuts and oil crop
crops by encouraging value addition in products and by-products to conform to
the processing of nuts and its products. the quality or food standards recognised
The Bill establishes the Nuts and Oil in the international market.
Crops Development Board which will Under the Bill, county governments
have the power to regulate and promote will implement the national government
the development of the nuts and oil crop policy relating to the nuts and oil crop
industry. Senator Hamida Kibwana. sector and maintain a register of nuts
Besides regulating the sector, the and oil crop growers, nursery operators,
“It also provides for research and Reading on Wednesday, February 15,
Board is expected to promote the processors, cooperatives and other
development to cultivate a culture of 2024.
marketing of nuts and oil crops products associations in that county.
scientific excellence and professionalism Nuts and oil crops include coconut,
and by-products in both local and foreign The counties shall also licence nuts
in nuts and oil crops farming and cashew nut, macadamia nut, groundnuts,
markets. and oil processors, implement national
industrial development,” Senator castor beans, sunflower and oil seed
The board shall preserve the and county legislation on nuts and oil
Kibwana says in the memorandum and jojoba.
competitiveness and reliability of the and facilitate the production of nuts and
objects of the Bill. Others are safflower, sesame, linseed,
country as a producer and supplier of oil crop in the respective county.
The board shall make oil palm and bambara nut and such other
nuts and oil crop products by establishing A county that produces, processes,
recommendations to the Cabinet crops as may be gazetted by Agriculture
national standards acceptable in the distributes or markets nuts and oil crop
Secretary, and oversee the Cabinet Secretary.
international markets. or products may enact county specific
implementation of strategies, plans and The board is empowered to establish
The board shall also promote the legislation.
policy relating to the nut and oil crop linkages with local and international
diversification of nuts and oil crop
sector. research institutions to conduct scientific
products and by-products.
The Bill went through the First research and investigations in all areas

This Week in History

Statutory deductions in this country is be- Optimisation and evaluation of processes The Bible says, children honor their fathers While I agree that it is important to mould
coming a very serious issue and a death is only possible if a feedback mechanism is and fathers do not embitter or make your and correct children, whether at home or in
sentence to many Kenyans. If one is able to created. For any efficient system to run, it children angry. In this whole situation, there school, to ensure they grow knowing what is
work very hard over the course of a month is important to set a 360 degrees feedback is what has brought these hiccups. If the right and wrong as they are being brought
to serve their county in different capacities mechanism. As has been ably prosecuted communication was done the way it should up, this correction should not be punitive,
and is paid a salary at the end of the month, before this House, there comes a time when have been done, we would not be where we embarrassing or inflicting pain and or to
why does a simple issue of a county mak- one feels like most of the resolutions and are now. some extent, cause grievous bodily harm.
ing statutory deductions and remitting the Bills that are passed in this House, there is
same to various organs become so difficult no laid down mechanism to have a follow
and take many years? up on where they are and at what stage. Senator Agnes Kavindu on a Point of Order Senator Peris Tobiko contributing to the
Therefore, putting in place a mechanism where she wanted the Deputy Speaker to debate on the statement on unacceptable
that will ensure that the resolutions. step down Communication on Minority disciplinary measures meted against chil-
Senator Oketch Gicheru contributing to
debate on the statement on the status of leadership and rescind his order on dren by uncouth individuals on February
implementation of the Legal Aid Act on Senator Wahome Wamatinga contributing suspension of senators on February 22, 21, 2023.
February 23, 2023. to the debate on the Parliamentary Pow- 2023.
ers and Privileges Bill, 2022 on February
23, 2023.
8 The Senate Weekly BILLS

Senators riled by the Water Bill, vow to shoot it down,

they argue it claws back on devolution
Government can only give basic princi-
ples of the policy on which of these will
be implemented.
“In this amendment, we have cos-
metic public participation, just for the
records, so that it can come to the House,
receive a rubberstamp and then proceed
to the Executive for another signature.
We have to take these regulations seri-
ously. On this particular one, a proper
job has not been done,” he added.
“This amendment should be thor-
oughly looked into, failure of which,
we should send it back to be redone. It
does not seek to achieve the purpose of
making sure water is supplied to every
household in this country.”
Senators follow proceedings during debate on the Water (Amendments) Bill, 2023. Deputy Minority Leader Enoch
Wambua warned it should concern the
House that the amendment came from
the National Executive.
The Council of Governors should be
at the forefront in pushing for legislation
to address issues related to water service
providers, he said.
“It should not be the function of the
National Executive to try and cure mis-
chief found in the water service provid-
ers. I do not know how the national Gov-
ernment agencies will resolve disputes
within and amongst water providers in
counties without involving the service
providers in those counties.”
Senator Godfrey Osotsi consults with Senator Ledama ole Kina during the Senator Oketch. Unless you are telling us that you are
sitting of the County Public Investments and Special Funds Committee. going to amend or throw this Constitu-
tion out of the way,

S
enators have expressed reserva- Act. the rejection of the Bill arguing that wa- Senator Ledama ole Kina warned
tions with the objects of the Water Section 30 of the Bill establishes a ter is one of the functions that devolved that the amendments will not hold.
(Amendment) Bill 2023 and chal- water regulatory authority, at the na- units have and the House must give them “If we are pushed to pass these
lenged the Leader of Majority to with- tional level. Senators argue that the en- full power to control the sector. amendments, someone will go to court
draw it for more consultations, failure to visioned body has been vested with so “Every suggestion I am seeing in and ask the same question that I am ask-
which they will shoot it down. much power at the expense of counties. this Bill is reversing the powers of the ing here today;”
A majority of Senators who contrib- Section 31 also introduces another county in managing water to the national Senator Edwin Sifuna said despite
uted to the debate on the Bill on Wednes- water regulatory board, whose mem- Government and making it impossible Water being a devolved function, the
day morning, described the amendments bership and composition the lawmakers for county governments to take control national government is attempting to
as an affront to the Constitution and a argue negate the idea of devolution and of water service provision,” Senator overreach in its attempt to manage the
claw-back on devolution as it is meant the management of water resources as Oketch told the House. water sector, despite the provisions of
to return the management of water sector envisioned in the Constitution. Senator Dan Maanzo said the Bill is the Fourth Schedule of the Constitution
to the national government through the Section 65 gives Water Work Agen- poorly drafted as most of amendments specifies water and water services as a
backdoor. cies are given more power when dealing are mangled up and pleaded with Sena- devolved function.
The principal objective of the Bill is with bulk water. tors to look at each Section with a keen But Senators Wahome Wamatinga
to amend the Water Act to create room The Senators argue that the Water interest because there are likely to be is- and Samson Cherarkey supported the
for Public-Private Partnerships in the Work Agencies have been at the core of sues with the practicality of the imple- Bill saying its enactment is for the bet-
water sector. making Water Service Providers (WSPs) mentation. terment of devolution.
The Bill, which originated in the ineffective. “There are many introductions into “It does not in any way undermine
National Assembly, proposes that au- Section 119 establishes the Water this law, which reverse the gains of devo- devolution. We want to enrich all the
thorities may engage in public-private Tribunal whose membership Senators lution to the national government,” said laws. There is a catalogue of laws that
partnership agreements in terms of water are concerned does not in any way em- Senator Maanzo of Makueni County. are very critical in development,” said
management, aiming to align the Water power counties. The Constitution directs that water Senator Chararkey.
Act with the Public Private Partnerships Senator Eddy Oketch set the tone on services are devolved and the national
 ON THE FLOOR The Senate Weekly 9

Senators push to protect integrity of House during

amendments to the Powers and Privileges Act debate
ends that will ensure that we are able
to do our jobs effectively,” said Senator
Sifuna.
The Bill imposes a specific
obligation on officials of the Executive,
constitutional commissions and
independent offices to comply with
the requirement to give feedback to
Parliament’s resolutions which has
been difficult to achieve through the
Standing Orders.
Article 125 of the Constitution gives
the House and its Committees powers
equivalent to that of the High Court.
Senator Dan Maanzo argued that
the difficulty Parliament is confronted
with is one where the National Police
Service is not willing to do their job or
are unable to present them before the
House when directed.
“Even if they find them, Parliament
does not have enough teeth to bite. The
enhancement of the fines is good, but
we need to have more teeth than just
fines, now that we are equivalent to the
High Court in terms of the powers the
committees of this House exercise,”
said Senator Maanzo.
Senator Samson Cherarkey called
Senator Godfrey Osotsi (left), the sponsor of the Bill with Senator Mariam Omar. for a collaboration between the National
Police Service Commission (NPSC)
to create a Parliamentary Police Unit

T
(PPU), such that the Clerk and the
he House has started debate on summons to Sh2 million from the the police, and they will never come. Speaker will have the power to direct
the Parliamentary Powers and current maximum of Sh500,000. That has happened before in this House. arrest.
Privileges (Amendment) Bill, The Bill gives the Inspector General We will be a toothless House that cannot “What we are proposing is that let us
2023 with a call for lawmakers to protect of Police the power to help in the arrest. bite. This Bill gives us more teeth have a police unit that is only domiciled
the integrity of the Houses of Parliament It further proposes that a member of to follow the law, together with our within the Parliament.”
and their committees. staff dully authorised by the Speaker or Standing Orders, and arrest the people This was supported by Senator
The Bill, sponsored by Senator the Clerk can do the arrest. who do not appear.” Enoch Wambua who argued the power
Godfrey Osotsi, seeks to cure one The legislators who contributed to Senator Sifuna said Parliament has to arrest and present the arrested persons
of the most serious problems House the debate on Wednesday supported the struggled with the question of arrests of before committees of Parliament or in
Committees have been going though: Bill, firing a warning shot that the sort of those who defy summons adding that for plenary should rest with a service that
having challenges compelling contempt the House has been subjected as long as the institution of Parliament is answerable to Parliament, not the
appearances of witnesses before to in the committees can only stop if the relies on any other government agency or executive.
Committees. amendments are adopted. institution to make sure that its business He also promised to bring
The Bill is proposing to amend “This amendment is important goes on, it will never happen. amendments that will see the security
Sections 19 and 33 of the Parliamentary because, if we do not do what we are “We need this institution to have of lawmakers provided for by officers
Powers and Privileges Act, to provide a proposing we will reach a point where the powers to arrest people and present from the Parliamentary Police Service
mechanism by which an order of arrest people will not come to our committees,” witnesses before the committees. There arguing that it is no longer tenable to
may be executed by Parliament itself. said Senator, while moving the Bill. is no other way to give this House teeth beg the Executive, the National Police
It also proposes to enhance the fine for “We will issue summons and they and ensure that we are able to execute Service, to provide Members with
those who refuse to honour Committee will not come. They will collude with our mandate and to tie up these loose security.
10 The Senate Weekly PICTORIAL

1 52

3 44

6
5

1. Deputy Speaker Kathuri Murungi receives the Deputy Speaker of the Indian
Parliament Hon. Narhari Zirwali when a delegation from Indian Parliament
paid a courtesy call to Kenyan Parliament.
2. Deputy Speaker Kathuri Murungi poses for a photo with the delegation from
the parliament of India which was in the country to acquaint itself with the
operations of Kenyan parliament and other economic sectors.
3. Mr Zakayo Mogere, the Deputy Director Legislative and Procedural Ser-
vices, Senate, speaks during a retreat of the staff working in the Directorate of
Speaker’s office.
4. Students from Giaki Girls Secondary School, North Imenti, Meru County fol-
low Senate proceedings during their educational tour of Parliament.
5. Picture 6 caption: Students from Umoja Secondary School, Limuru, Kiambu
County follow Senate proceedings during their tour of Parliament on Wednes-
day, February 14.
6. Speaker Kingi chairs a meeting of the Senate Business Committee (SBC) on
7 Tuesday, February 20. SBC is the committee that sets the agenda by schedul-
ing business for the House.
7. The Speaker also chaired a meeting of the Speaker’s Panel. The Panel
consists of four Senators who serve as Speaker in the absence of both
the Speaker and Deputy Speaker.
 The Senate Weekly 11

A PUBLICATION OF THE SENATE

© Copyright 2023 • Juliet Masinde Designed by:

Email: [Link]@[Link] • Violet Nalianya
• Lemeteki Lorinyu KENYA LITERATURE BUREAU
Editor: Ibrahim Oruko Publishers and Printers
Team Leader: Lucianne Limo Belle-Vue Area, KLB Road, Off Popo Road
Hansard: Erick Kipkoech
Writers P. O. Box 30022-00100, GPO Nairobi,
• Otiato Andayi Telephone: +254 (20) 3541196/7,
Photographers:
• Njeri Manga Mobile: +254 711 318 188/ +254 732 344 599
James Kimiti Nyambura
• Josphat Ngeno Email: info@[Link]
Job Owaga
• Felistus Mutune Website: [Link]
Russells Kipngetich
• Stanley Gikore
• Nandemu Barasa