Senators elect to stay in session despite motion of adjournment

Senate Speaker Amason Kingi during Senate plenary at the Senate Chambers, Parliament buildings, Nairobi. [Elvis Ogina, Standard]

The Senate will continue with its sittings after a motion to adjourn the house for three weeks moved by the Senate Majority Leader Aaron Cheruiyot was defeated after 19 Senators voted against with only 9 Senators voting in support of the motion.

The Senate had resumed on Tuesday after a month long recess but did not transact business after Generation Z protesters agitating against the passing of the Finance Bill 2024 forcefully  stormed parliament paralyzing business for the two houses.

Senate Speaker Amason Kingi in a communication to the house said the Senate Business Committee had met and after deliberations over the happenings in parliament buildings  mandated the Senate Majority Leader to give notice of the alteration of the Senate Calendar.

“While the Senate acknowledges and upholds the right of every citizen to peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions to public authorities, as enshrined in Article 37 of the Constitution, it is important to observe that this must be done within the confines of the Constitution and the law,” said Kingi.

The Senate Majority Leader in moving the motion to adjourn the house said that Tuesday was a difficult day for this country because of the protests.

Cheruiyot said things took a turn for the worse where there were incidences of breaking the rule of law and that under very difficult circumstances, Senators had to be evacuated with some of them being at Protection House while others in the main parliament building including the members of staff had to find their way out of Parliament. 

“In the ensuing battle, lives were lost. I do not know the names or identities of people who lost their lives, but one is already too many. I do not intend to speak much on this topic because I am still reflecting and thinking hard about perhaps what needs to happen in our country.

"We can say what we want to say but at the end of the day, it will be remembered that we were in the leadership at" this particular time. Therefore, this is to provide for that opportunity to pose and perhaps mourn,” said Cheruiyot.

Senate Minority Leader Stewart Madzayo seconded the motion supporting the adjournment of the Senate session saying that it was sad that Kenyans were killed inside the precincts of parliament and that this will give investigators an opportunity to establish how the killings happened, especially with the protestors having been peaceful all along.

Madzayo said that it was important for it to be established how the security personnel who had cordoned off parliament buildings allowed the demonstrators to access the compound wondering whether it was a ploy in order to cover up their excuse for having killed innocent Kenyans who were exercising their democratic rights to protest outside the buildings.

“We all know that Parliament is a protected area with Kenyans who are not Members of Parliament entering this premises doing so after the getting the requisite permission, we want to know how a breach of security happened since there were police officers with lorries deployed on all entrances, we want to know what the gates were opened deliberately to cover up for the killings committed,” said Madzayo.

Nyamira Senator Okongo Omogeni, however, opposed the adjournment motion arguing  this was the time that, as elected leaders, the people they represent are looking up to provide solutions and that by adjourning, they will be running away from their responsibility as leaders that Kenyans look up to.

Okongo said that for many years the Senate had witnessed the mutilation of the Constitution of Kenya 2010 on passage of legislation and that having gone through the Finance Bill 2024/2025, the Constitution was very clear that if there is any legislation that touches on functions of counties, such must be considered by the National Assembly and the Senate.

He pointed out that Section 54 was introduced to the Affordable Housing Act by an amendment introduced in the Senate and was sent to the National Assembly which concurred and it was enacted into the Affordable Housing Act and that the Finance Bill of 2024 has purported to amend that particular section of the Affordable Housing Act by proposing a deletion without the involvement of the Senate.

“By adjourning this House, we are running away from confronting the challenges and the problems that are facing us as a country.  If you adjourn this House and I retreat to the village, how am I going to address the issues that are on the table? This is a time that we need as a House to have a bipartisan approach on how we resolve the issues that are facing us as a country,” said Omogeni.

Nandi Senator Samson Cherarkey opposed the adjournment motion saying that this is the right time as a country to engage and that politicians should stop name calling, call for peace, resolve and ensure they remain focused going into the future.

Cherarkey argued that this country belongs to all of us and that when it goes down, it does not matter whether Senators were seated on the Minority or Majority side and that as a country we must all come together and resolve the crisis that is currently being witnessed.

Narok Senator Ledama ole Kina supported the adjournment motion saying that the government and parliament had failed in their mandate and that the country was currently being led by citizens’ assemblies and that recently there was a citizen assembly on X that brought together 1.2 million Kenyans who were actively listening to the ongoing conversation.

“The only thing that makes sense today is for us to be with our citizens and demystify what is happening in this country. My colleagues have spoken and pointed out the lack of respect for the rule of law by this Parliament. The National Assembly is part of this House. However, it is amending three pieces of legislation that are supposed to be considered by both Houses and nobody gives a hoot in hell about the consequences,” said Ole Kina.