Wednesday, May 08, 2024 At 9.30 A.m.

Thirteenth Parliament

Third Session (No. 041) (700)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

MORNING SITTING

WEDNESDAY, MAY 08, 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 (as listed in the Appendix)
8. 8. MOTION - ADOPTION OF 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 States of America Embassy in Nairobi, laid on the Table of the Senate on Thursday, 2nd May, 2024.

1. 9. 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. …………../Motion

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1. 10. MOTION

-

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)

THAT, the Senate notes the Report of the 63rd Session of the OACPS Parliamentary Assembly and 43rd Session of the ACP-EU Joint Parliamentary Assembly Meetings in Brussels, Belgium laid on the table of Senate on Wednesday, 6th December, 2023.

1. 11. MOTION - 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)

THAT, the Senate notes 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, laid on the table of Senate on Thursday, 7th December, 2023.

1. 12. 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. 13. 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;

…………../Motion

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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;

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.

…………/Appendix

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APPENDIX

1. 1. QUESTIONS AND STATEMENTS

QUESTIONS

Question No. 001 The Senator for Kisumu County [Sen. (Prof.) Tom

Ojienda, SC, MP] to ask the Cabinet Secretary for

Interior and National Administration: -

a) Could the Cabinet Secretary provide a status update on investigations into the inter-communal clashes that occurred in Sondu town, which lies in the border region of Kericho and Kisumu counties, during the demonstrations in June and July, 2023?

b) What progress has the Government made in the disarmament of armed groups in the town?

c) What measures has the Government put in place to promote peaceful coexistence and prevent a recurrence of inter-communal clashes in the town?

Question No. 002 The Senator for Tharaka-Nithi County (Sen.

Mwenda Gataya Mo Fire, MP) to ask the Cabinet

Secretary for Interior and National

Administration: -

a) Are there plans by the National Government to construct offices, deploy administrative officers and provide necessary equipment to Chiakariga Sub-County in Tharaka-Nithi County, which was established in 2022 but remains non-functional and, if so, could the Cabinet Secretary provide timelines for the same?

b) What specific measures has the Ministry also undertaken to fast-track the establishment of offices for other Government institutions, including the National Treasury Office, within the Sub-County?

c) Could the Cabinet Secretary provide a status update on the construction of a Divisional Police Headquarters as well as required police stations in the Sub-County? ………../Appendix

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d) What other specific measures has the Government taken to enhance access to National Government services by residents of the Sub-County?

Question No. 038 The Senator for Meru County (Sen. Kathuri

Murungi, MGH, MP) to ask the Cabinet Secretary

for Interior and National Administration: -

a) What is the status of investigations into the abduction, torture and execution of Mr. Daniel Muthiani Bernard (deceased), alias Sniper, who went missing on 2nd December, 2023 and whose mutilated body was found dumped in River Mutonga in Tharaka Nithi County on 16th December, 2023?

b) Could the Cabinet Secretary explain the inordinate delay in conclusion of the said investigations?

c) Why has there not been regular communication on the status of the investigations, in light of the public interest in the matter?

Question No. 039 The Senator for Turkana County (Sen. James

Lomenen, MP) to ask the Cabinet Secretary for

Interior and National Administration: -

a) Has the Ministry undertaken an impact assessment of the curfew imposed in major towns and centers in Turkana County, particularly Lokichar, Nakabosan, Kekunyuk, Kalemngorok, Kaputir, Kakongu and Kainuk areas and, if so, could the Cabinet Secretary indicate the extent to which the curfew has achieved its intended purpose?

b) Could the Cabinet Secretary explain the higher prevalence of crime during curfew hours compared to non-curfew hours and clarify whether this is attributable to security personnel allowing unauthorized vehicles and individuals to move around during curfew hours?

c) Are there plans to lift the curfew, in light of the negative impact it has had on the livelihoods of the residents and, if so, could the Cabinet Secretary indicate the timelines for the same? …………./Appendix

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d) What alternative measures has the Ministry taken to effectively tackle insecurity in the region, and could the Cabinet Secretary also indicate any initiative by the Government to strengthen community policing, which is a more sustainable approach?

Question No. 043 The Senator for Tana River County (Sen. Danson

Mungatana, MGH, MP) to ask the Cabinet

Secretary for Interior and National

Administration: -

Are there plans to re-establish the Wema General Service Unit (GSU) camp in Tana River County, which was closed after it was marooned by floods during the heavy rains experienced across the country in December, 2023 and if so, could the Cabinet Secretary provide the timelines for the same?

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……………./Notice Paper

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NOTICE PAPER

Tentative Business for Wednesday, May 08, 2024 (Afternoon Sitting) (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 08, 2024 (Afternoon Sitting).

A. BILLS AT THE COMMITTEE OF THE WHOLE

i)

***THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILLS

NO. 12 OF 2023)

(The Senate Majority Leader)

ii)

***THE NATIONAL RATING BILL (NATIONAL ASSEMBLY BILLS NO. 55

OF 2022)

(The Senate Majority Leader)

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)

……………………Notice Paper II

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vi)

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

ASSEMBLY BILLS NO. 2 OF 2023)

(The Senate Majority Leader)

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)

STATUS OF PENDING BILLS IN COUNTIES

(Sen. Ledama Olekina, MP)

ii)

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)

iii)

KUIDHINISHWA KWA RUZUKU YA MASHARTI KWA UJENZI WA

UWANJA WA MANISPAA YA MOMBASA

(Seneta Mohamed Mwinyihaji Faki, Mbunge)

iv)

DECLARATION OF CATTLE RUSTLING AND BANDITRY AS A NATIONAL

DISASTER AND ESTABLISHMENT OF A SPECIAL FUND FOR VICTIMS

(Sen. William Cheptumo, MP)

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