Tuesday, May 14, 2024 At 2.30 P.m.

Thirteenth Parliament

Third Session (No. 044) (742)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

TUESDAY, MAY 14, 2024 AT 2.30 PM

PRAYER

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages
4. 4. Petitions (as listed in the Appendix)
5. 5. Papers (as listed in the Appendix)
6. 6. Notices of Motion
7. 7. Questions and Statements (as listed in the Appendix)
8. 8. *THE MATERNAL, NEWBORN AND CHILD HEALTH BILL (SENATE BILLS

NO. 17 OF 2023)

(Sen. Beatrice Ogolla, MP) (Second Reading)

(Resumption of debate interrupted on Wednesday, 8th May, 2024 – Afternoon Sitting)

1. 9. ***THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL

(NATIONAL ASSEMBLY BILLS NO. 44 OF 2023)

(The Senate Majority Leader)

(Second Reading) (Resumption of debate interrupted on Thursday, 9th May, 2024)

1. 10. **THE HERITAGE AND MUSEUMS BILL (SENATE BILLS NO. 8 OF 2023)

(The Chairperson, Standing Committee on Labour and Social Welfare)

(Second Reading)

1. 11. *THE AGRICULTURE AND FOOD AUTHORITY (AMENDMENT) BILL

(SENATE BILLS NO. 13 OF 2023)

(Sen. James Murango, MP)

(Second Reading) …………/Bills

(No. 044) TUESDAY, MAY 14, 2024 (743)

1. 12. *THE COUNTY HALL OF FAME BILL (SENATE BILLS NO. 18 OF 2023)

(Sen. Miraj Abdillahi Abdulrahman, MP)

(Second Reading)

1. 13. *THE RICE BILL (SENATE BILLS NO. 19 OF 2023)

(Sen. James Murango, MP)

(Second Reading)

1. 14. *THE PUBLIC HOLIDAYS (AMENDMENT) BILL, (SENATE BILLS NO. 31 OF

2023) (Sen. Karungo Thang’wa, MP)

(Second Reading)

1. 15. *THE COUNTY ASSEMBLY SERVICES (AMENDMENT) BILL (SENATE BILLS

NO. 34 OF 2023)

(Sen. Mohamed Chute, MP)

(Second Reading)

1. 16. *THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL (SENATE

BILLS NO. 38 OF 2023)

(Sen. (Dr.) Boni Khalwale, MP)

(Second Reading)

1. 17. 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 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)

…………/Motion

(No. 044) TUESDAY, MAY 14, 2024 (744)

1. 18. MOTION - DECLARATION OF CATTLE RUSTLING AND BANDITRY AS A

NATIONAL DISASTER AND ESTABLISHMENT OF A SPECIAL FUND FOR

VICTIMS

(Sen. William Cheptumo, MP)

THAT AWARE THAT, cattle rustling/banditry is a major menace and security threat in the South and North Rift regions and some other regions of the country;

CONCERNED THAT, the menace has since left irreparable and negative socio- economic impact which include but are not limited to increased number of widows, widowers, orphaned children, poverty, displacement of people leading to Internally Displaced Persons (IDPS), disruption of educational health programs and other economic activities owing to the destruction and/or closure of educational, health and other institutions;

FURTHER CONCERNED THAT, the people living in the affected regions have been denied the enjoyment of their social, economic and political rights as guaranteed to them under the Bill of Rights as enshrined in Chapter Four of the Constitution;

NOW THEREFORE, the Senate resolves that the National Government through the Ministry of Interior and National Administration and in collaboration with the Council of Governors:

1. 1. Declares cattle rustling a National Disaster;
2. 2. Establish a National Task force on cattle rustling/banditry to:

(i) Investigate the causes of the rampant cattle rustling and banditry in the said region and the Country at large;

(ii) Establishes the extent of suffering, loss and damage the cattle rustling/banditry has occasioned to the communities in all the affected Counties;

1. 3. Create a Special Fund for mitigating the losses suffered by and in

compensating all victims of cattle rustling/banditry and settle all internally displaced persons occasioned by the menace.

(Resumption of debate interrupted on Wednesday, 6th March, 2024 – Morning Sitting – Balance of time 56 minutes)

1. 19. MOTION - THE PROGRESS REPORT OF THE AD HOC COMMITTEE ON

THE COMPENSATION TO THE KENYAN VICTIMS OF THE 1998 BOMBING

OF THE UNITED STATES OF AMERICA EMBASSY IN NAIROBI

(The Chairperson, Ad Hoc Committee)

THAT, the Senate adopts the progress report of the Ad-Hoc Committee on the compensation to the Kenyan victims of the 1998 bombing of the United

…………/Motion

(No. 044) TUESDAY, MAY 14, 2024 (745)

States of America Embassy in Nairobi, laid on the Table of the Senate on Thursday, 2nd May, 2024.

1. 20. 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.

1. 21. 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.

--------------

…………../Notice

(No. 044) TUESDAY, MAY 14, 2024 (746)

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

-----------XXX--------

……………/Appendix

(No. 044) TUESDAY, MAY 14, 2024 (747)

APPENDIX

1. 1. PETITION

Petition to the Senate by Mr. Japheth J. Makokha on behalf of Triple the Impact Community Based Organization regarding amendment of Section 32 (3) of the County Governments Act.

(The Speaker of the Senate)

1. 2. PAPERS

i.) Report of the Auditor General on Financial Statements of the Nairobi City County Government - Revenue Fund for the year ended 30th June, 2023.

ii.) Report of the Auditor General on Financial Statements of the Nairobi City County Government – Receiver of Revenue for the year ended 30th June, 2023.

iii.) Report of the Auditor General on Financial Statements of Gatundu Water and Sanitation Company Limited for the year ended 30th June, 2023.

iv.) Report of the Auditor General on Financial Statement of Limuru Water and Sewerage Company Limited for the year ended 30th June, 2023.

v.) Report of the Auditor General on Financial Statements of Embe Water and Sanitation Company Limited for the year ended 30th June, 2023.

vi.) Report of the Auditor General on Financial Statements of the County Government of West Pokot - Revenue Fund for the year ended 30th June, 2023.

vii.) Report of the Auditor General on Financial Statements of West Pokot County Assembly Staff Car Loan and Mortgage Fund for the year ended 30th June, 2023.

viii.) Report of the Auditor General on Financial Statements of West Pokot County Car Loan and Mortgage Fund for the year ended 30th June, 2023.

ix.) Report of the Auditor General on Financial Statements of Kapenguria Water and Sewerage Services Company Limited for the year ended 30th June, 2023.

x.) Report of the Auditor General on Financial Statements of Lodwar Water and Sanitation Company Limited for the year ended 30th June, 2023.

(The Senate Majority Leader)

(No. 044) TUESDAY, MAY 14, 2024 (748)

xi.) Report of the Standing Committee on Justice, Legal Affairs and Human Rights on its consideration of the Houses of Parliament (Bicameral Relations) Bill (National Assembly Bill No. 44 of 2023).

(The Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights)

1. 3. QUESTIONS AND STATEMENTS

STATEMENTS

a) Pursuant to Standing Order 53(1)

i) The Senator for Kakamega County (Sen. (Dr.) Boni Khalwale, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding police harassment of Tuk- tuk and boda boda operators in Kakamega town.

ii) The Senator for Taita Taveta County (Sen. Johnes Mwaruma, MP) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the status of development projects in Taita Taveta County.

iii) The Senator for Machakos County (Sen. Agnes Kavindu, MP) to seek a Statement from the Standing Committee on Education regarding safety and hygiene measures put in place ahead of the re-opening of schools and other learning institutions in the country.

iv) The Senator for Embu County (Sen. Alexander Mundigi, MP) to seek a Statement from the Standing Committee on Energy regarding the conversion of the seven-forks hydro-electric power dams in Embu County from single-use to multi-purpose dams.

---------------

……………./Notice Paper I

(No. 044) TUESDAY, MAY 14, 2024 (749)

NOTICE PAPER I

Tentative Business for Wednesday, May 15, 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, May 15, 2024 (Morning Sitting).

A. QUESTIONS

QUESTION

NO.

SENATOR

SUBJECT

MINISTRY

019 Sen. Joyce Korir, MP Monitoring of the meat supply chain in Kenya Agriculture and Livestock Development 042 Sen. Danson Mungatana,

MGH, MP

Compensation of both crop and livestock farmers for the losses suffered after the recent heavy rainfall experienced in Tana River County Agriculture and Livestock Development

047 Sen. James Murango,

MP

Status of implementation of the European Union Deforestation Regulations (EUDR) by coffee farmers in Kenya Agriculture and Livestock Development 030

Sen. Mariam Sheikh, MP Completion of the Mandera Water and Sanitation project that was funded by the Africa Development Bank (AFDB) Water, Sanitation and Irrigation …………../Notice Paper I

(No. 044) TUESDAY, MAY 14, 2024 (750)

033

Sen. Abbas Mohamed,

MP

Water projects in Wajir County budgeted for by the National Government in the Financial Year 2023/2024 Water, Sanitation and Irrigation 029 Sen. Samson Cherarkey,

MP

Status of gold mining activities at Kerebe Gold Mine in Nandi County Mining, Blue Economy and Maritime Affairs 046 Sen. Miraj Abdulrahma n Development of Policy and legal framework for the Blue Economy in Kenya Mining, Blue Economy and Maritime Affairs

B. MOTIONS

i)

REPORT

OF

THE

66TH

COMMONWEALTH

PARLIAMENTARY

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

OCTOBER, 2023

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

ii)

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)

iii)

REPORT OF THE 63RD SESSION OF THE OACPS PARLIAMENTARY

ASSEMBLY AND 43RD SESSION OF THE ACP-EU JOINT PARLIAMENTARY

ASSEMBLY MEETINGS IN BRUSSELS, BELGIUM

(Sen. Kathuri Murungi, MP)

iv)

REPORT OF THE PARLIAMENT OF KENYA DELEGATION TO THE 13TH

PLENARY ASSEMBLY OF THE FORUM OF PARLIAMENTS OF THE

MEMBER STATES OF THE INTERNATIONAL CONFERENCE ON THE

GREAT LAKES REGION (FP-ICGLR), HELD IN JUBA, SOUTH SUDAN

(Sen. Ali Ibrahim Roba, MP)

v)

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)

……………./Notice Paper I

(No. 044) TUESDAY, MAY 14, 2024 (751)

vi)

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)

vii)

ESTABLISHMENT OF A MONTHLY CAR FREE DAY AND COUNTY CAR

FREE ZONES

(Sen. Crystal Asige, MP)

……………./Notice Paper II

(No. 044) TUESDAY, MAY 14, 2024 (752)

NOTICE PAPER II

Tentative Business for Wednesday, May 15, 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, May 15, 2024 (Afternoon Sitting).

A. BILLS AT COMMITTEE OF THE WHOLE STAGE

i)

***THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILLS NO.

12 OF 2023)

(The Senate Majority Leader)

ii)

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

(Sen. Wakili Hillary Sigei, MP)

iii)

***THE GAMBLING CONTROL BILL (NATIONAL ASSEMBLY BILLS NO. 70

OF 2023)

(The Senate Majority Leader)

B. BILLS AT THE SECOND READING STAGE

i)

*THE COUNTY PUBLIC FINANCE LAWS (AMENDMENT) BILL (SENATE

BILLS NO. 39 OF 2023)

(Sen. Kathuri Murungi, MP)

ii)

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

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

iii)

*THE ENERGY (AMENDMENT) BILL (SENATE BILLS NO. 42 OF 2023)

(Sen. Edwin Sifuna, MP)

iv)

***THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

v)

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

(The Senate Majority Leader)

vi)

***THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILLS NO. 2 OF 2023)

(The Senate Majority Leader)

…………./Notice Paper II

(No. 044) TUESDAY, MAY 14, 2024 (753)

vii)

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

viii)

*THE NUTS AND OIL CROPS DEVELOPMENT BILL (SENATE BILLS NO. 47

OF 2023)

(Sen. Hamida Kibwana, MP)

C. MOTIONS

i)

CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE

COUNTY LICENSING (UNIFORM PROCEDURES) BILL (SENATE BILL No. 9

OF 2022)

(The Senate Majority Leader)

ii)

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)

--------------