Wednesday, April 24, 2024 At 2.30 P.m.

Thirteenth Parliament

Third Session (No. 036) (628)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

AFTERNOON SITTING

WEDNESDAY, APRIL 24, 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 (as listed in the Appendix)
7. 7. Questions and Statements (as listed in the Appendix)
8. 8. COMMITTEE OF THE WHOLE

*THE COUNTY BOUNDARIES BILL (SENATE BILLS NO. 6 OF 2023)

(Sen. Moses Kajwang’, MP)

1. 9. COMMITTEE OF THE WHOLE

***THE SUGAR BILL (NATIONAL ASSEMBLY BILLS NO. 34 OF 2022)

(Sen. David W. Wafula, MP – Co-sponsor)

1. 10. COMMITTEE OF THE WHOLE

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

12 OF 2023)

(The Senate Majority Leader)

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

NO. 17 OF 2023)

(Sen. Beatrice Ogolla, MP)

(Second Reading) (Resumption of debate interrupted on Tuesday 16th April, 2024)

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

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

(Second Reading) …………/Bills

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1. 13. *THE COUNTY PUBLIC FINANCE LAWS (AMENDMENT) BILL (SENATE

BILLS NO. 39 OF 2023)

(Sen. Kathuri Murungi, MP)

(Second Reading)

1. 14. *THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL (SENATE

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

(Second Reading)

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

(Sen. Edwin Sifuna, MP)

(Second Reading)

1. 16. ***THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

(Second Reading)

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

(The Senate Majority Leader)

(Second Reading)

1. 18. ***THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILLS NO. 2 OF 2023)

(The Senate Majority Leader)

(Second Reading)

1. 19. *THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

(Second Reading)

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

47 OF 2023)

(Sen. Hamida Kibwana, MP)

(Second Reading)

…………/Motion

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1. 21. 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.

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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 of Amendments

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NOTICE OF AMENDMENTS

A. *THE COUNTY BOUNDARIES BILL (SENATE BILLS NO. 6 OF 2023)

(Sen. Moses Kajwang’, MP)

NOTICE is given that the, Chairperson, Standing Committee on Devolution and Intergovernmental Relations intends to move the following amendments to the County Boundaries Bill (Senate Bills No. 6 of 2023), at the Committee Stage—

CLAUSE 4

THAT clause 4 of the Bill be amended—

(a) in sub-clause (1) by deleting the word “ electronic” appearing immediately after the words “an up- to- date” and substituting therefor the words “digital and manual”; (b) in sub-clause (2) by deleting the words “utilise the appropriate technology to ensure” appearing immediately after the words “Cabinet Secretary shall” and substituting therefor the words “ensure appropriate technology is utilized for”.

CLAUSE 5

THAT clause 5 of the Bill be amended in sub-clause (2)(a) by inserting the word “committee” immediately after the words “County Executive”

CLAUSE 7

THAT clause 7 of the Bill be amended in sub-clause (1) by —

(a) deleting the words “experience in alternative dispute resolution” appearing at the end of paragraph (a) and substituting therefor the words ‘‘post-admission experience and an accredited mediator” ; (b) inserting the following new paragraph immediately after paragraph (d)— (da) a commissioner of the National Cohesion and Integration Commission nominated from amongst its membership;

CLAUSE 10

THAT clause 10 of the Bill be amended in the proviso to sub-clause (1) by deleting the words “Physical planning or” appearing immediately after the words “experience in” and substituting therefor the words “ mapping or ”.

……………./Notice of Amendments

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CLAUSE 23

THAT clause 23 of the Bill be amended by deleting the word “nominate” appearing immediately after the words “receipt of the petition,” and substituting therefor the word “appoint”.

CLAUSE 24

THAT clause 24 of the Bill be amended in sub-clause (1) by—

(a) deleting the words “and physical planning” appearing immediately after the words “related to land” and substituting therefor the words “ survey and mapping” in paragraph (d); (b) deleting the words “nominated by the Council of County Governors” appearing immediately after the words “the affected counties,” and substituting therefor the words “ each of whom shall be nominated by the Council of Governors and the entity responsible for coordinating the County Assemblies” in paragraph (e).

CLAUSE 25

THAT clause 25 of the Bill be amended in sub-clause (2)(c) by inserting the following new sub- paragraph immediately after sub-paragraph (ii)—

(iii) land survey and physical planning;

CLAUSE 41

THAT clause 41 of the Bill be amended in sub-clause (4)(b)(ii) by deleting the word “commission’s” and substituting therefor the word “ministry’s”.

CLAUSE 42

THAT clause 42 of the Bill be amended—

(a) by re -numbering the existing sub- clause (6) as sub-clause (2); (b) in the re-numbered sub-clause (2) by deleting the words “the specific geographical” appearing immediately after the words “under subsection (1),” and substituting therefor the words “a comprehensive description of boundaries with adequately enlarged scaled map”.

CLAUSE 45

THAT clause 45 of the Bill be amended—

(a) in sub-clause (1) by deleting the word “may” appearing immediately after the word “Cabinet Secretary” and substituting therefor the words “shall within two years of coming into force of this Act”;

……………./Notice of Amendments

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(b) by re- numbering the existing sub- clause (14) as sub- clause (2); and (c) by inserting the words “and the Council of County Governors.” immediately after the words “Boundaries Commission” in the re- numbered sub- clause (2).

CLAUSE 2

THAT clause 2 of the Bill be amended—

(a) by deleting the words “and physical planning” appearing immediately after the words “related to land” and substituting therefor the words “surveying and mapping” in the definition of the word “Cabinet Secretary”; (b) by deleting the words ‘‘and physical planning’’ appearing immediately after the words ‘‘related to land’’ and substituting therefor the words ‘‘surveying and mapping’’ in the definition of the term “County executive committee member”;

B. ***THE SUGAR BILL (NATIONAL ASSEMBLY BILLS NO. 34 OF 2022)

(Sen. David W. Wafula, MP – Co-sponsor)

i) NOTICE is given that the, Chairperson, Standing Committee on Agriculture, Livestock and Fisheries intends to move the following amendments to the Sugar Bill, National Assembly Bills No. 34 of 2022, at the Committee Stage—

CLAUSE 6

THAT Clause 6 of the Bill be amended in–

(a) subclause (1) by inserting the following new paragraph immediately after paragraph (e) – (ea) one person of the gender that is least represented in the composition of the Board who has knowledge and experience in matters relating to the sugar industry appointed by Cabinet Secretary; and (eb) one person representing persons living with the disabilities or youth appointed by the council of county governors; (b) subclause (2) by deleting the expression “and (e)” and substituting therefor the expression “(e), (ea) and (eb)”.

CLAUSE 17

THAT the Bill be amended by inserting the following new heading immediately after clause 17.

……………./Notice of Amendments

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PART III –LICENSING AND REGISTRATION

CLAUSE 19

THAT Clause 19 of the Bill be amended by –

(a) deleting subclause (1) and substituting therefor the following new subclause — (1) A miller shall not purchase sugar crop from, or accept, sugar crop delivered by a grower and a grower shall not sell or deliver sugar crop to a miller, unless the — (a) grower is registered with, and has in force a valid supply agreement with the miller; (b) factory of the miller is situated within the grower’s catchment area;or (c) grower is exempted from the requirement by the Board under section 19A. (b) deleting the heading appearing immediately after the subclause (3).

CLAUSE 29

THAT clause 29 of the Bill be amended —

(a) in subclause (1) by —

(i) deleting paragraph (d) and substituting therefor the following new paragraph— (d) one person with knowledge of and experience in the operation of sugar industry nominated by the Council of County Governors; (ii) deleting the words “ nominated by universities” appearing immediately after the words “one person” in paragraph (e) and substituting therefor the words “representing the universities nominated by the Commission on University Education”; (b) by inserting the following new subclause immediately after subclause (1) — (1A) The Cabinet Secretary shall appoint the members under subsection (1), (a), (b)(c) (d) and (e) by notice in the Gazette.

CLAUSE 38

THAT clause 38(6) be amended in—

(a) paragraph (b) by inserting the words “allocated to the Kenya Sugar Research and Training Institute ” immediately after the words “ research and training”; and

……………./Notice of Amendments

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(b) paragraph (d) by deleting the words “and shall be managed by Kenya Rural Road Authority of the catchment area” appearing immediately after the words “development and mantainance” and substituting therefor the words “of county roads and shall be allocated to county governments as a conditional grant on a pro rata basis”.

CLAUSE 43

THAT clause 43 be amended in subclause (2) by inserting the words “and the Senate” immediately after the words “ the National Assembly”.

CLAUSE 59

THAT the Bill be amended by deleting clause 59.

CLAUSE 60

THAT clause 60 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (k) — (ka) the procedure for election of farmers and millers representatives to the Board and the pricing committee.

NEW CLAUSES

THAT the Bill be amended by inserting the following new clauses immediately after clause 19—

19A. (1) The Board may exempt a commercial cane grower from the restriction on supply of cane within a catchment area, provided that— (a) the grower demonstrates that the supply of cane to a miller within the catchment area is detrimental to their commercial interest; (b) the grower is not indebted to any miller or outgrower institution within the catchment area; and (c) no supply agreement exists between the grower and any miller within the catchment area. (2) A commercial cane grower who intends to supply cane outside their catchment area shall submit to the Board, an application for exemption in the prescribed form.

……………./Notice of Amendments Exemption from cane supply restriction.

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(3) The Cabinet Secretary shall prescribe regulations for the consideration of an application for exemption under this section. 19B. A miller may enter into a contract of cane supply with another miller if — (a) the millers factory is temporally broken down; or (b) there is an over supply of cane to the miller; and (c) the mill is located within the same catchment area. Intermiller agreements.

CLAUSE 2

THAT clause 2 of the Bill be amended by deleting the definition of the term “sugar catchment area” and substituting therefore the following new definition — “sugar catchment area” means a geographical area as set out in the First Schedule where —

(a) growers are clustered for purposes of election to the Board; and (b) growers and millers are restricted to deliver and receive cane respectively.

ii) NOTICE is given that Sen. Edwin Sifuna intends to move the following amendment to the Sugar Bill, National Assembly Bills No. 34 of 2022, at the Committee Stage—

CLAUSE 38

THAT Clause 38 of the Bill be amended by inserting the following new subclause immediately after subclause (1) –

(1A) Despite the provisions of subsection (1), the levy imposed on imported industrial sugar shall not exceeed one per centum of its CIF value.

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

12 OF 2023)

(The Senate Majority Leader)

NOTICE is given that, the Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights, intends to move the following amendments to the Conflict of Interest Bill, National Assembly Bills No. 12 of 2023 —

……………./Notice of Amendments

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CLAUSE 3

THAT clause 3 of the Bill be amended in subclause (1) deleting paragraph (c) and substituting therefor the following new paragraph –

(c) enhance public confidence in the integrity of public office and delivery of public services.

CLAUSE 13

THAT clause 13 of the Bill be amended in subclause (1) by deleting the words “interest of the officer or the interests” appearing immediately after the word “to further the” and substituting therefor the words “private interest of the officer or”.

CLAUSE 15

THAT clause 15 of the Bill be amended in subclause (1)(b) by deleting the word “offer” appearing immediately after the words “reporting authority any” and substituting therefor the word “acceptance”.

CLAUSE 19

THAT clause 19 of the Bill be amended – (a) in subclause (1) by deleting the words “or beneficiary of” appearing immediately after the words “be a party to”; and (b) in subclause (2) by deleting the words “or beneficiary of” appearing immediately after the words “be a party to”.

CLAUSE 27

THAT clause 27 of the Bill be amended in subclause (1) by deleting paragraph (a) and substituting therefor the following new paragraph –

(a) act for or on behalf of any person in connection with any specific proceeding, transaction, negotiation or case in which a reporting authority is a party and with respect to which the former public officer had acted for, or provided advice to the reporting authority;

CLAUSE 29

THAT clause 29 of the Bill be amended by inserting the following new subclause immediately after subclause (2) –

(3) The provisions of this section and sections 27 and 28, shall not apply to a former public officer representing another person in any proceedings before a court of law or tribunal established by law including as a witness.

……………./Notice of Amendments

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CLAUSE 34

THAT clause 34 of the Bill be amended in subsection (2) by deleting the words “after due process” appearing immediately after the words “agency shall” and substituting therefor the words “subject to the right to privacy as provided for under the Constitution and pursuant to a court order or the Access to Information Act”.

CLAUSE 41

THAT clause 41 of the Bill be amended by inserting the following new clause immediately after subclause (2) –

(3) If the Commission or a reporting entity fails to conclude the investigations within ninety days, the investigations shall be deemed to have been concluded at the expiry of the ninety days and the officer shall resume his or her duties.

CLAUSE 42

THAT clause 42 of the Bill be amended in subsection (1) by inserting the words “or a reporting authority” immediately after the words “the Commission”.

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…………../Appendix

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APPENDIX

1. 1. PETITION

Report of the Standing Committee on Energy on a Petition to the Senate by residents of Uyomo village in Kilifi County, concerning the protection of the right to life, health and a clean environment and other constitutionally protected rights and fundamental freedoms.

(The Chairperson, Standing Committee on Energy)

1. 2. PAPERS

i) First Half National Government Budget Implementation Review Report for Financial Year 2023/2024.

ii) First Half County Governments Budget Implementation Review Report for Financial Year 2023/2024.

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

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

v) Report of the Auditor General on Financial Statements of Kericho County Executive Staff Car Loan Fund for the year ended 30th June, 2023.

vi) Report of the Auditor General on Financial Statements of Nyamira County Education Support Fund for the year ended 30th June, 2023.

vii) Report of the Auditor General on Financial Statements of Municipality of Nyamira for the year ended 30th June, 2023.

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

(The Senate Majority Leader)

ix) 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)

…………../Appendix

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1. 3. NOTICE OF 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. 4. QUESTIONS AND STATEMENTS

a) Request for Statements pursuant to Standing Order 53(1)

i) The Senator for Nandi County (Sen. Samson Cherarkey, MP) to seek a Statement from the Standing Committee on Roads, Transportation and Housing concerning financial accountability in the construction and approval for occupation of Bunge Tower.

ii) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the status of projects under the Parliamentary Service Commission.

iii) The Senator for Turkana County (Sen. James Lomenen, MP) to seek a Statement from the Standing Committee on Roads, Transportation and Housing concerning the status of construction of the County Executive Office Block and Speaker’s residence in Turkana County.

iv) The Senator for Turkana County (Sen. James Lomenen, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the safety of chiefs serving in counties plagued by insecurity.

v) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the legitimacy of the Kisumu County Draft Valuation Roll – 2017.

vi) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the state of sugarcane farming in Kisumu County.

…………../Appendix

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vii) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Finance and Budget regarding measures in place to address and curb the wastage of public resources in Kisumu County.

b) Statements pursuant to Standing Order 56(1) (b)

i.) The Chairperson, Standing Committee on Trade, Industrialization and Tourism to make a Statement relating to the activities of the Committee for the period, January to March, 2024.

ii.) The Chairperson, Standing Committee on Roads, Transportation and Housing to make a Statement relating to the activities of the Committee for the period, January to March, 2024.

iii.) The Chairperson, County Public Accounts Committee to make a Statement relating to the activities of the Committee for the period, January to March, 2024.

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……………/Notice Paper

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NOTICE PAPER

Tentative Business for

Thursday, April 25, 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 Thursday, April 25, 2024.

A. BILLS AT THE SECOND READING STAGE

i)

***THE DIVISION OF REVENUE BILL (NATIONAL ASSEMBLY BILLS NO.

14 OF 2024)

(The Senate Majority Leader)

ii)

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

NO. 53 OF 2023)

(Sen. Omar Mariam Sheikh, MP)

iii)

*THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE

BILLS NO. 54 OF 2023)

(Sen. Eddy Oketch, MP)

iv)

*THE FIRE AND RESCUE SERVICES PROFESSIONALS BILL (SENATE

BILLS NO. 55 OF 2023)

(Sen. Mohamed Abass Sheikh, MP)

v)

*THE

NARCOTIC

DRUGS

AND

PSYCHOTROPIC

SUBSTANCES

(CONTROL) (AMENDMENT) BILL (SENATE BILLS NO. 1 OF 2024)

Sen. Kathuri Murungi, 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)

B. MOTIONS

i)

ESTABLISHMENT OF NATIONAL TEACHING AND REFERRAL HOSPITALS

IN KENYA

(Sen. Johnes Mwaruma, MP)

……………/Notice Paper

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ii)

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)

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