UPDATE: August 17,2020 5:50pm: Senate Speaker Ken Lusaka ruled that the motion to adjorn debate about the controversial revenue sharing formula was dropped.
The senators' votes on the adjornment motion tied 29-29 and according to Senate Standing Orders, the house business would proceed.
The motion had been supported by Senator Kipchumba Murkomen, Mutula Kilonzo Junior after being moved by Nandi Senator Samson Cherargei.
During the voting, there was drama following claims that the electronic voting machine was compromised.
Senator Johnson Sakaja stated that before proceeding to vote on the revenue sharing formula, the house should be told who would representing the missing senators.
UPDATE: August 17,2020 3:30pm: Emotions ran high in the Senate after the house resumed at 2.30pm when Senator Kipchumba Murkomen stated that the house should adjorn yet again until three of his arrested colleges were freed. He claimed that other than the lives of the senators being at risk, their arrest was meant to skew the vote on the Third Generation Formula by keeping them out of the proceedings.
"The desire was to reduce us from 25 to 23 and tranfer their votes to people who would support their formula.
"We cannot be forced to take the position of the minority. Mr speaker, Senator Malala was one of the opposition senators who voted for you to get that seat . Mr. Speaker you sacrificed me, you sacrificed Susan Kihika. Don't sacrifice Kenya," he emotionally roared as he banged the table.
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UPDATE: August 17,2020 12:00pm: Speaker Ken Lusaka adjourned the debate on the Third Basis Revenue formula after senators raised concerns about their colleagues' whereabouts following arrests.
He ordered the Senate Security Committee to convene immediately and establish the status of the three arrested senators.
The house will reconvene at 2.30pm where the team will report back after establishing contact with the legislators in police custody.
UPDATE: August 17,2020 11:30am: Senator James Orengo called on Speaker Ken Lusaka to summon Interior CS Fred Matiang'i, PS Karanja Kibicho, IG Mutyambai and Attorney General Kihara Kariuki to appear at the Senate in one hour.
He asked the Senate Security Committee to grill the said officers over the controversial arrest of three senators.
Orengo stated that the committee should table report when the house resumes at 2.30pm.
Senator Mutula Kilonzo Junior on Monday, August 17, 2020, made a passionate submission while suporting a motion to adjourn the Senate special sitting on revenue allocation until three senators under arrest were released.
Mutula vowed to rally senators to disrupt the debate on the Third Basis Formula unless Bomet Senator Christopher Langat, his Kakamega counterpart Cleophas Malala and Samburu Senator Ltumbesi Lelegwe were presented to the Senate.
"Mr Speaker, we will not proceed today unless we have those three senators. If we have to seat on this table, we will sit on it," the Makueni Senator stated to the applause of his colleagues.
Explaining what he feared could happen to the legislators, he claimed that the police could be used to torture or kill them, revisiting what he believed happened to his father, the late Makueni Senator Mutula Kilonzo Snr.
"I was elected in this Senate because one person who was a member of this house was found dead on his bed - Senator Mutula Kilonzo, my father," he added.
He stated that just as Senator James Orengo was allowed to tell the late former President Daniel Moi that he was misleading the country, the Senate needed to tell President Uhuru Kenyatta that "we will not allow this sort of thing to happen in Kenya".
Mutula called on the Speaker to adjorn the motion which had already started and summon Inspector General of Police Hillary Mutyambai to the Senate.
He demanded that the three senators be freed on bail unless they had committed treason which is not bailable.
"You have to switch off your phone so that you are not followed by the police. When did this become a police state?
"When one member of this house is in trouble Mr Speaker, it doesn't matter what agenda it is, it doesn;t matter who is winning. What matters is that we are together in this house to conduct the business of the country.
"Who knows what could be happening to Senator Lelegwe as we are conducting business, he could be found in Ngong Forest. They could inject him withng something to kill him slowly. I have seen the pain of death, I have smelt death. I have seen what happens when someone gives you poison. You bleed so much, just like my father did," he recalled.
At the time of his submission, police officers were still camping outside the homes of Senators Cleophas Malala (Kakamega) and Christopher Langat (Bomet).
Elgeyo-Marakwet Senator Kipchumba Murkomen had earlier claimed that Samburu Senator Ltumbesi Lelegwe was arrested on his way to the Senate at Riverside area of Nairobi and taken to an undisclosed location.
Many senators joined the call for adjournment but Senator Moses Kajwang' explained that the debate should be resumed in the afternoon after verifying the status of the arrested colleagues.
The legislators stated that Speaker Lusaka had the power to implore IG Mutyambai to present the arrested senators to the Senate.
