Wednesday, July 17, 2024 At 9.30 A.m.

Thirteenth Parliament

Third Session (No. 069) (1136)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

MORNING SITTING

WEDNESDAY, JULY 17, 2024 AT 9.30 AM

PRAYER

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages
4. 4. Petitions
5. 5. Papers
6. 6. Notices of Motion
7. 7. Questions and Statements
8. 8. MOTION - REPORT OF THE STANDING COMMITTEE ON FINANCE AND

BUDGET ON THE STATUS OF IMPLEMENTATION OF PROJECTS

FUNDED BY THE CONDITIONAL GRANT FOR THE CONSTRUCTION OF

COUNTY HEADQUARTERS

(The Chairperson, Standing Committee on Finance and Budget)

THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the status of implementation of projects funded by the Conditional Grant for the construction of County Headquarters laid on the Table of the Senate on Thursday, 28th March, 2024.

(Resumption of debate interrupted on Wednesday, 22nd May, 2024 – Afternoon Sitting)

1. 9. MOTION - REPORT OF THE SELECT COMMITTEE ON COUNTY PUBLIC

ACCOUNTS ON ITS CONSIDERATION OF THE REPORT OF THE

AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF WEST

POKOT COUNTY ASSEMBLY FOR THE FINANCIAL YEAR 2018/2019

……………/Motion

(No. 069) WEDNESDAY, JULY 17, 2024 (MORNING SITTING) (1137)

AND REPORTS OF THE AUDITOR GENERAL ON THE FINANCIAL

STATEMENTS OF ISIOLO, KIAMBU, KITUI, MARSABIT, NAROK,

NYAMIRA, TRANS NZOIA, WEST POKOT AND MURANG’A COUNTY

ASSEMBLIES FOR THE FINANCIAL YEAR 2019/2020

(The Chairperson, County Public Accounts Committee)

THAT, the Senate adopts the Report of the Select Committee on County Public Accounts on its consideration of the Report of the Auditor General on the financial statements of West Pokot County Assembly for the financial year 2018/2019 and Reports of the Auditor General on the financial statements of Isiolo, Kiambu, Kitui, Marsabit, Narok, Nyamira, Trans Nzoia, West Pokot and Murangá County Assemblies for the financial year 2019/2020 laid on the table of the Senate on Thursday, 7th March, 2024.

(Resumption of debate interrupted on Tuesday, 30th April, 2024)

1. 10. MOTION - REPORT OF THE SELECT COMMITTEE ON COUNTY PUBLIC

INVESTMENTS AND SPECIAL FUNDS ON ITS CONSIDERATION OF THE

AUDIT REPORTS OF THE WATER SERVICE PROVIDERS FOR THE YEAR

ENDED 30TH JUNE, 2019, 30TH JUNE, 2020 AND 30TH JUNE, 2021

(The Chairperson, Committee on County Public Investments and Special

Funds)

THAT, the Senate adopts the Reports of the Select Committee on County Public Investments and Special Funds on its consideration of the Audit Reports for the year ended, 30th June, 2019, 30th June, 2020 and 30th June, 2021 of the following Water Service Providers-

i.) Amatsi Water Services Company Limited - Vihiga County; ii.) Bomet Water Company Limited – Bomet County; iii.) Gusii Water and Sanitation Company Limited – Kisii/Nyamira Counties; iv.) Kisumu Water and Sanitation Company Limited –Kisumu County; v.) Kwale Water and Sewerage Company Limited – Kwale County; and vi.) Nyeri Water and Sanitation Company Limited – Nyeri County.

and the Audit Report of the Wajir Water and Sewerage Company Limited for the year ended 30th June, 2021, laid on the Table of the Senate on Thursday, 23rd November, 2023.

1. 11. MOTION - REPORT OF THE STANDING COMMITTEE ON HEALTH ON

THE INQUIRY INTO THE ALLEGED IRREGULARITIES IN THE

PROCUREMENT OF LONG-LASTING INSECTICIDE TREATED NETS AT

THE KENYA MEDICAL SUPPLIES AUTHORITY

(Chairperson, Standing Committee on Health)

THAT, the Senate adopts the report of the Standing on Health on the inquiry into alleged irregularities in the procurement of long-lasting insecticide treated nets at the Kenya Medical Supplies Authority (KEMSA), laid on the Table of the Senate on Wednesday, 8th May, 2024. ……………/Motion

(No. 069) WEDNESDAY, JULY 17, 2024 (MORNING SITTING) (1138)

1. 12. MOTION - REPORT OF THE 66TH COMMONWEALTH PARLIAMENTARY

CONFERENCE HELD IN ACCRA, GHANA FROM 30TH SEPTEMBER – 6TH

OCTOBER, 2023

(Sen. (Prof.) Margaret Kamar, MP)

THAT, the Senate notes the Report of the 66th Commonwealth Parliamentary Conference held in Accra, Ghana from 30th September – 6th October, 2023 laid on the Table of the Senate on 15th February, 2024.

1. 13. MOTION - REPORT OF THE 147TH ASSEMBLY OF THE INTER-

PARLIAMENTARY UNION (IPU) AND RELATED MEETINGS HELD IN

LUANDA, ANGOLA ON 23RD TO 27TH OCTOBER, 2023

(Sen. Catherine Mumma, MP)

THAT, the Senate notes the Report of 147th Assembly of the Inter- Parliamentary Union (IPU) and related meetings held in Luanda, Angola on 23rd to 27th October, 2023 laid on the Table of the Senate on Thursday 29th February, 2024.

1. 14. MOTION - REPORT OF THE 9TH INTER-PARLIAMENTARY UNION (IPU)

GLOBAL CONFERENCE OF YOUNG PARLIAMENTARIANS HELD IN

HANOI, VIETNAM FROM 15TH TO 17TH SEPTEMBER, 2023

(Sen. John Methu, MP)

THAT, the Senate notes Report of the 9th Inter-Parliamentary Union (IPU) Global Conference of Young Parliamentarians held in Hanoi, Vietnam from 15th to 17th September, 2023 laid on the table of Senate on Tuesday, 5th March, 2024.

1. 15. MOTION

-

REPORT

OF

THE

KENYA

DELEGATION

TO

THE

EXTRAORDINARY SESSION OF THE SIXTH PARLIAMENT OF THE PAN-

AFRICAN PARLIAMENT (PAP) HELD AT THE GALLAGHER CONVENTION

CENTRE, MIDRAND, SOUTH AFRICA, FROM 20TH TO 27TH MARCH, 2024

(Sen. Danson Mungatana, MP)

THAT, the Senate notes the Report of the Kenya Delegation to the Extraordinary Session of the Sixth Parliament of the Pan-African Parliament (PAP) held at the Gallagher Convention Centre, Midrand, South Africa, from 20th to 27th March, 2024, laid on the Table of the Senate on Wednesday, 24th April, 2024.

1. 16. MOTION - REPORT OF THE KENYA DELEGATION TO THE 148TH

ASSEMBLY OF THE INTER-PARLIAMENTARY UNION (IPU) AND

RELATED MEETINGS HELD IN GENEVA, SWITZERLAND FROM 23RD TO

27TH MARCH, 2024

(Sen. Catherine Mumma, MP)

THAT, the Senate Notes the Report of the Kenya Delegation to the 148th Assembly of the Inter-Parliamentary Union (IPU) and Related Meetings Held in Geneva, Switzerland from 23rd to 27th March, 2024 laid on the Table of the Senate on Thursday, 30th May, 2024. ……………/Motion

(No. 069) WEDNESDAY, JULY 17, 2024 (MORNING SITTING) (1139)

1. 17. MOTION – REPORT OF THE 14TH ORDINARY SESSION OF THE PLENARY

ASSEMBLY

AND

RELATED

MEETINGS

OF

THE

FORUM

OF

PARLIAMENTS OF THE INTERNATIONAL CONFERENCE OF THE GREAT

LAKES REGION, HELD IN LIVINGSTONE, ZAMBIA, FROM 15TH TO 19TH

APRIL, 2024

(Sen. Ali Ibrahim Roba, MP)

THAT, the Senate notes the report of the 14th Ordinary Session of the Plenary Assembly and Related Meetings of the Forum of Parliaments of the International Conference of the Great Lakes region, held in Livingstone, Zambia, from 15th to 19th April, 2024 laid on the Table of the Senate on Thursday, 30th May, 2024.

1. 18. MOTION - ESTABLISHMENT OF A MONTHLY CAR FREE DAY AND

COUNTY CAR FREE ZONES

(Sen. Crystal Asige, MP)

THAT, AWARE THAT Kenyans have a right to a clean and healthy environment pursuant to Article 42 of the Constitution;

NOTING THAT the National Climate Change Action Plan identifies transportation as the fourth largest contributor to greenhouse gas emissions, which if uncontrolled, will result to negative impact of climate change with adverse effect to millions of Kenyans;

CONCERNED THAT the number of private vehicles has significantly grown, leading to increased road accidents, carbon emission and vehicle congestion, costs of which are in excess of Kshs. 100 billion in GDP per year;

NOW THEREFORE the Senate urges the Ministry of Roads and Transport, Ministry of Environment, Climate Change and Forestry, in collaboration with the Council of Governors and the National Climate Change Council to –

i.) identify, publicize and execute suitable monthly car-free days and County car-free zones in urban areas across the country;

ii.) Identify and develop County car-free zones, also known as “pedestrians’ precincts”, in urbanized areas, where its infrastructure and activities are restricted to pedestrians alone;

iii.) provide affordable, safe and universally designed public transport access to and around these car-free zones, including, but not limited to, development of Bus Rapid Transport (BRT) in the urban areas;

……………/Motion

(No. 069) WEDNESDAY, JULY 17, 2024 (MORNING SITTING) (1140)

iv.) Design inclusive mobility infrastructure that supports non – motorized transport facilities, such as pedestrian spaces, bicycle lanes and green spaces, within the Central Business District of every County; and

v.) ensure inter-modal connectivity among the various transport modes.

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NOTICE

The Senate resolved on 14th February, 2024 as follows:-

THAT, pursuant to Standing Order 111 (1), the Senate resolves that debate on a Motion not sponsored by the Majority or Minority Party or a Committee shall be limited in the following manner:-

A maximum of three hours with not more than twenty minutes for the Mover, twenty minutes for the Majority Party Official Responder, twenty minutes for the Minority Party Official Responder and fifteen minutes for each other Senator speaking and that fifteen minutes before the time expires, the Mover shall be called upon to reply.

KEY

****- Denotes a Majority /Minority Party Bill

***- Denotes a National Assembly Bill

**- Denotes a Committee Bill

*- Denotes any other Bill

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……………./Notice Paper

(No. 069) WEDNESDAY, JULY 17, 2024 (MORNING SITTING) (1141)

NOTICE PAPER

Tentative Business for Wednesday, July 17, 2024 (Published pursuant to Standing Order 43 (1)

It is notified that the Senate Business Committee has approved the following tentative business to appear in the Order Paper for Wednesday, July 17, 2024 (Afternoon Sitting).

A. BILLS AT THE COMMITTEE OF THE WHOLE STAGE

i)

***THE GAMBLING CONTROL BILL (NATIONAL ASSEMBLY BILLS NO.

70 OF 2023)

(The Senate Majority Leader)

ii)

*THE TEA (AMENDMENT) BILL (SENATE BILLS NO. 1 OF 2023)

(Sen. Wakili Hillary Sigei, MP)

iii)

*THE MATERNAL, NEWBORN AND CHILD HEALTH BILL (SENATE BILLS

NO. 17 OF 2023)

(Sen. Beatrice Ogolla, MP)

iv)

****THE METEOROLOGY BILL (SENATE BILLS NO. 45 OF 2023)

(The Senate Majority Leader)

v)

***THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

B. BILLS AT THE SECOND READING STAGE

i)

***THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL

(NATIONAL ASSEMBLY BILLS NO. 44 OF 2023)

(The Senate Majority Leader)

ii)

*THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE

BILLS NO. 40 OF 2023)

(Sen. Hamida Ali Kibwana, MP)

iii)

*THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL (SENATE

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

iv)

*THE CONSTITUTION OF KENYA (AMENDMENT) (NO. 2) BILL (SENATE

BILLS NO. 52 OF 2023)

(Sen. Raphael Chimera, MP) ………../Notice Paper

(No. 069) WEDNESDAY, JULY 17, 2024 (MORNING SITTING) (1142)

v)

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

vi)

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

vii)

**THE LOCAL CONTENT BILL (SENATE BILLS NO. 50 OF 2023)

(The Chairperson, Standing Committee on Energy)

viii)

*THE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL (SENATE BILLS

NO. 53 OF 2023)

(Sen. Mariam Sheikh Omar, MP)

ix)

THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE

BILLS NO. 54 OF 2023)

(Sen. Eddy Oketch, MP)

x)

*THE FIRE AND RESCUE SERVICES PROFESSIONALS BILL (SENATE

BILLS NO. 55 OF 2023)

(Sen. Mohamed Abass Sheikh, MP)

C. MOTIONS

i)

THE CURRENT STATE OF THE NATION

(The Senate Majority Leader and the Senate Minority Leader)

ii)

REPORT OF THE SELECT COMMITTEE ON DELEGATED LEGISLATION

ON ITS CONSIDERATION OF THE SOCIAL HEALTH INSURANCE

(GENERAL) REGULATIONS, 2024 AND THE SOCIAL HEALTH INSURANCE

(TRIBUNAL PROCEDURE) RULES, 2024

(The Chairperson, Select Committee on Delegated Legislation)

iii)

MOTION - REPORT OF THE SELECT COMMITTEE ON COUNTY PUBLIC

ACCOUNTS ON ITS CONSIDERATION OF THE REPORTS OF THE

AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF THARAKA

NITHI, HOMA BAY, KAKAMEGA, KIRINYAGA, MAKUENI, MERU, BOMET,

MURANG’A, NANDI, NYAMIRA, NYERI, SIAYA, VIHIGA, WAJIR AND

SAMBURU COUNTY EXECUTIVES FOR THE FINANCIAL YEAR 2019/2020

(The Chairperson, County Public Accounts Committee)

iv)

MOTION - REPORTS OF THE SELECT COMMITTEE ON COUNTY PUBLIC

INVESTMENTS AND SPECIAL FUNDS ON ITS CONSIDERATION OF THE

AUDIT REPORTS OF VARIOUS WATER SERVICE COMPANIES FOR THE

FINANCIAL YEARS 2018/2019, 2019/2020 AND 2020/2021

(The Chairperson, Committee on County Public Investments and Special Funds) ………../Notice Paper

(No. 069) WEDNESDAY, JULY 17, 2024 (MORNING SITTING) (1143)

v)

MOTION - ADDRESSING THE CHALLENGE OF POWER PURCHASE

AGREEMENT RENEWALS AND ELECTRICITY SUPPLY IN KENYA

(Sen. Wahome Wamatinga, MP)

vi)

MOTION - STOPPAGE OF FUNDS TO ISIOLO COUNTY DUE TO THE

FAILURE BY THE GOVERNOR TO HONOUR SENATE SUMMONSES (Sen. Fatuma Dullo, MP)

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