Order Paper - Wednesday 11.10.2023 (afternoon Sitting)
Thirteenth Parliament
Second Session (No. 091) (1640)
REPUBLIC OF KENYA
THIRTEENTH PARLIAMENT – (SECOND SESSION)
THE SENATE
ORDER PAPER
AFTERNOON SITTING
WEDNESDAY, OCTOBER 11, 2023 AT 2.30 PM
PRAYER
- 1. Administration of Oath
- 2. Communication from the Chair
- 3. Messages
- 4. Petitions (as listed in the Appendix)
- 5. Papers (as listed in the Appendix)
- 6. Notices of Motion
- 7. Questions and Statements (as listed in the Appendix)
- 8. *THE PUBLIC TRANSPORT (MOTORCYLE REGULATION) BILL, (SENATE
BILLS NO. 38 OF 2023)
(Sen. (Dr.) Boni Khalwale, MP)
(First Reading)
- 9. *THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL, (SENATE
BILLS NO. 40 OF 2023)
(Sen. Hamida Kibwana, MP)
(First Reading)
- 10. *THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL, (SENATE
BILLS NO. 41 OF 2023)
(Sen. Esther Okenyuri, MP)
(First Reading)
……………/Bills
(No. 091) WEDNESDAY, OCTOBER 11, 2023 (AFTERNOON SITTING) (1641)
- 11. *THE ENERGY (AMENDMENT) BILL, (SENATE BILLS NO. 42 OF 2023)
(Sen. Edwin Sifuna, MP)
(First Reading)
- 12. MOTION – ADOPTION OF THE REPORT OF THE STANDING COMMITTEE
ON DEVOLUTION AND INTERGOVERNMENTAL RELATIONS ON THE
APPLICATION
FOR
CONFERMENT
OF
CITY
STATUS
TO
THE
MUNICIPALITY OF ELDORET
(The Chairperson, Standing Committee on Devolution and Intergovernmental Relations)
THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on the application for conferment of city status to the Municipality of Eldoret laid on the table of the Senate on Wednesday, September 20, 2023 and pursuant to Section 8(6) of the Urban Areas and Cities Act, 2011 the Senate approves the conferment of City status to the Municipality of Eldoret.
(Resumption of debate interrupted on Thursday 5th October, 2023)
- 13. ***THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL
(NATIONAL ASSEMBLY BILLS NO. 23 OF 2023)
(The Senate Majority Leader)
(Second Reading)
(Resumption of debate interrupted on Thursday, 5th October, 2023 – Afternoon Sitting) (Division)
- 14. COMMITTEE OF THE WHOLE
*THE LEARNERS WITH DISABILITIES BILL (SENATE BILLS NO. 4 OF
2023) (Sen. (Prof.) Margaret Kamar, MP and Sen. Crystal Asige, MP)
(Resumption of debate interrupted on 9th August, 2023) (Division)
- 15. COMMITTEE OF THE WHOLE
**THE EQUALIZATION FUND (ADMINISTRATION) BILL (SENATE BILLS
NO. 14 OF 2023)
(The Chairperson, Standing Committee on Finance and Budget)
- 16. COMMITTEE OF THE WHOLE
*THE COUNTY LICENSING (UNIFORM PROCEDURE) BILL (SENATE BILLS
NO. 9 OF 2022)
(Sen. Mariam Sheikh Omar, MP)
……………/Bills
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- 17. COMMITTEE OF THE WHOLE
*THE AGRICULTURAL AND LIVESTOCK EXTENSION SERVICES BILL
(SENATE BILLS NO. 12 OF 2022)
(Sen. Maureen Tabitha Mutinda, MP)
- 18. COMMITTEE OF THE WHOLE
*THE MUNG BEANS BILL (SENATE BILLS NO. 13 OF 2022)
(Sen. Enoch Wambua, MP)
- 19. COMMITTEE OF THE WHOLE
*THE START-UP BILL (SENATE BILLS NO. 14 OF 2022)
(Sen. Crystal Asige, MP)
- 20. COMMITTEE OF THE WHOLE
*THE PERSONS WITH DISABILITIES BILL (SENATE BILLS NO. 7 OF 2023)
(Sen. Crystal Asige, MP)
- 21. COMMITTEE OF THE WHOLE
*THE KENYAN SIGN LANGUAGE BILL (SENATE BILLS NO. 9 OF 2023)
(Sen. (Prof.) Margaret Kamar, MP and Sen. Crystal Asige, MP)
- 22. *THE TEA (AMENDMENT) BILL (SENATE BILLS NO. 1 OF 2023)
(Sen. Wakili Hillary Sigei, MP)
(Second Reading)
- 23. **THE HERITAGE AND MUSEUMS BILL (SENATE BILLS NO. 8 OF 2023)
(The Chairperson, Standing Committee on Labour and Social Welfare)
(Second Reading)
- 24. **THE COFFEE BILL (SENATE BILLS NO. 10 OF 2023)
(The Chairperson, Standing Committee on Agriculture, Livestock and Fisheries) (Second Reading)
- 25. *THE PREVENTION OF LIVESTOCK AND PRODUCE THEFT BILL (SENATE
BILLS NO. 12 OF 2023)
(Sen. Samson Cherarkey, MP)
(Second Reading)
- 26. MOTION - ADOPTION OF THE REPORT OF THE STANDING COMMITTEE
ON HEALTH ON THE DEATH OF THE LATE EDWARD OTIENO ONYANGO
DUE TO ALLEGED MEDICAL NEGLIGENCE
(The Chairperson, Standing Committee on Health)
THAT, the Senate adopts the Report of the Standing Committee on Health on inquiry into the death of Late Edward Otieno Onyango, due to alleged medical negligence, laid on the table of the Senate on Wednesday, 31st May, 2023. ……………/Motion
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- 27. MOTION- ADOPTION OF THE REPORT OF THE STANDING COMMITTEE
ON HEALTH ON THE DEATH OF THE LATE MAUREEN ANYANGO AT
MAMA
LUCY
KIBAKI
HOSPITAL
DUE
TO
ALLEGED
MEDICAL
NEGLIGENCE
(The Chairperson, Standing Committee on Health)
THAT, the Senate adopts the Report of the Standing Committee on Health on inquiry into the death of the late Maureen Anyango at Mama Lucy Kibaki Hospital due to alleged medical negligence, laid on the table of the Senate on Wednesday, 31st May, 2023.
- 28. MOTION- ADOPTION OF THE REPORT OF THE STANDING COMMITTEE
ON HEALTH ON THE CIRCUMSTANCES THAT LED TO THE DEATH OF
THE LATE MASTER TRAVIS MAINA AT KENYATTA NATIONAL HOSPITAL
(The Chairperson, Standing Committee on Health)
THAT, the Senate adopts the Report of the Standing Committee on Health on inquiry into the circumstances that led to the death of the late Master Travis Maina at Kenyatta National Hospital, laid on the table of the Senate on Wednesday, 31st May, 2023.
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……………/Notice
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NOTICE
The Senate resolved on 15th February, 2023 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--------
………………/Notice of Amendments
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NOTICE OF AMENDMENTS
A.
*THE LEARNERS WITH DISABILITIES BILL (SENATE BILLS NO. 4 OF
2023) (Sen. (Prof.) Margaret Kamar, MP and Sen. Crystal Asige, MP)
NOTICE is hereby given that the Chairperson, Standing Committee on Education, intends to move the following amendments to the Learners with Disabilities Bill (Senate Bills No. 4 of 2023), at the Committee Stage –
CLAUSE 3
THAT clause 3 of the Bill be amended in paragraph (a) by inserting the words “at all levels of education” immediately after the words “right to education”.
CLAUSE 4
THAT clause 4 be amended in paragraph (c) by deleting the words “cultural and” appearing immediately after the words “sensitive to the”.
CLAUSE 5
THAT clause 5 of the Bill be amended –
(a) by deleting paragraph (b);
(b) in paragraph (c) by inserting the words “augmentative and alternative communication” immediately after the words “Kenyan sign language”;
(c) in paragraph (e) by deleting the words “institution of learning” appearing immediately after the words “to any” and substituting therefor the words “educational institution”;
(d) in paragraph (f) by inserting the word “appropriate” immediately after the words “equal access to”; and
(e) inserting the following new paragraph immediately after paragraph (f) –
(fa) protection from any form of discrimination.
CLAUSE 6
THAT clause 6 of the Bill be amended –
(a) in subclause (1) by deleting paragraph (a) and substituting therefor the following new paragraph –
………………/Notice of Amendments
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(a) present their child for admission to a school as the case may be, for the purposes of completion of the child’s education; and
(b) in subclause (3) by –
(i) deleting the word “and” appearing immediately after the words “such parent” and substituting therefor the word “or”; and
(ii) deleting the words “a school or institution of basic education” appearing immediately after the words “absence of the learner” and substituting therefor the words “an educational institution”.
CLAUSE 7
THAT clause 7 of the Bill be amended in subclause (2) by –
(a) deleting the word “necessary” appearing immediately after the words “put in place the” in paragraph (c) and substituting therefor the words “appropriate and adequate”;
(b) deleting the word “learning” appearing immediately after the words “with disabilities in” in paragraph (c) and substituting therefor the words “educational”;
(c) deleting the words “at such intervals as may be necessary a” appearing immediately after the word “conduct” in paragraph (d) and substituting therefor the words “an annual”; and
(d) deleting paragraph (h) and substituting therefor the following new paragraph –
(h) ensure that educational institutions, parents and guardians have the necessary tools to support learners with disabilities.
CLAUSE 8
THAT clause 8 of the Bill be amended – (a) in subclause (1) by deleting the word “learning” appearing immediately after the words “with respect to the” and substituting therefor the word “educational;
(b) in subclause (2) by –
(i) deleting the words “learners with” appearing immediately after the words “the needs of” in paragraph (e);
………………/Notice of Amendments
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(ii) deleting the word “learning” appearing immediately after the words “existing public” and substituting therefor the word “educational” in paragraph (g); and
(iii) deleting the word “learning” appearing immediately after the words “them in the” and substituting therefor the word “educational” in paragraph (i).
CLAUSE 9
THAT clause 9 of the Bill be amended in subclause (1) by inserting the words “and private” immediately after the words “public” in paragraph (a).
CLAUSE 12
THAT clause 12 of the Bill be amended in subclause (1) by deleting the words “early childhood education or technical and vocational training centre” appearing immediately after the word “An” in the introductory clause and substituting therefor the words “educational or training institution”.
CLAUSE 13
THAT the Bill be amended by deleting clause 13.
CLAUSE 14
THAT the Bill be amended by deleting clause 14.
CLAUSE 15
THAT clause 15 of the Bill be amended in subclause (2) by –
(a) deleting the words “board of management” appearing immediately after the words “shall assist the” in the introductory clause and substituting therefor the words “governing body”; and (b) deleting the words “parent-child-teacher” appearing immediately after the words “positive approach in” in paragraph (b) and substituting therefor the words “parent-learner-teacher”.
CLAUSE 23
THAT the Bill be amended by deleting clause 23.
CLAUSE 24
THAT clause 24 of the Bill be amended in –
………………/Notice of Amendments
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(a) subclause (2) by deleting the words “shadow teachers” appearing immediately after the word “providing” in paragraph (c) and substituting therefor the words “learner support assistants”; and
(b) subclause (3) by deleting the words “disabled children” appearing immediately after the words “supportive services to” in paragraph (c) and substituting therefor the words “children with disabilities”.
CLAUSE 25
THAT clause 25 of the Bill be amended in –
(a) paragraph (b) by deleting the words “learning institutions in the country are friendly” appearing immediately after the words “amenities in” and substituting therefor the words “educational institutions in the country are accessible and appropriate”; and
(b) paragraph (c) by deleting the word “learning” appearing immediately after the words “amenities in” and substituting therefor the word “educational”.
CLAUSE 26
THAT clause 26 of the Bill be amended in subclause (1) by deleting the words “special equipment” appearing immediately after the words “and distribution of” and substituting therefor the words “assistive devices”.
CLAUSE 28
THAT the Bill be amended by deleting clause 28 and substituting therefor the following new clause –
Training of auxiliary staff.
- 28. Every special needs education institution shall
ensure that its auxiliary staff and any person providing special needs services within its premises are qualified in their special areas.
CLAUSE 29
THAT clause 29 of the Bill be amended in paragraph (a) by deleting the word “fast” appearing immediately after the words “the redress of” and substituting therefor the word “vast”.
………………/Notice of Amendments
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CLAUSE 30
THAT clause 30 of the Bill be amended in subclause (4) by deleting the words “The board of management of a special education” appearing at the beginning of the clause and substituting therefor the words “The governing body of a special needs educational institution”.
CLAUSE 35
THAT clause 35 of the Bill be amended in subclause (1) by deleting the word “education” appearing immediately after the words “of the special” in paragraph (c) and substituting therefor the words “needs educational”.
CLAUSE 39
THAT clause 39 of the Bill be amended in subclause (1) by deleting the word “education” appearing immediately after the words “public special” and substituting therefor the words “needs educational”.
CLAUSE 41
THAT clause 41 of the Bill be amended by –
(a) deleting the word “centre” appearing immediately after the words “research or training” in subclause (1) and substituting therefor the word “institution”; and
(b) deleting the word “education” appearing immediately after the words “to be a public special” and substituting therefor the words “needs educational”.
CLAUSE 42
THAT clause 42 of the Bill be amended –
(a) in subclause (2) by – (i) deleting the word “education” appearing immediately after the words “curriculum at special” in paragraph (b)(i) and substituting therefor the words “needs educational”; and
(ii) deleting the word “education” appearing immediately after the words “provided at special” in paragraph (b)(ii) and substituting therefor the words “needs educational”.
(b) by inserting the following new subclause immediately after subclause (2) –
(3) Any person authorized by the County Education Board shall be entitled to have access, at any reasonable time, to a home under this section in order to monitor the special educational provision made under subsection (1).
………………/Notice of Amendments
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CLAUSE 45
THAT clause 45 of the Bill be amended in subclause (1) by deleting the word “education” appearing immediately after the words “conducts a special” in paragraph (a) and substituting therefor the words “needs educational”.
CLAUSE 2
THAT clause 2 of the Bill be amended –
(a) by deleting the definition of the term “special needs education” and substituting therefor the following new definition —
“special needs education” includes education and training for gifted or talented learners as well as learners with disability and includes education which provides appropriate curriculum differentiation in terms of content, pedagogy, instructional materials, alternative media of communication or duration to address the special needs of learners and to eliminate social, mental, intellectual, physical or environmental barriers to learners;
(b) by deleting the definition of the term “special needs school”;
(c) by deleting the definition of the words “special service providers” and substituting therefor the following new definition —
“special service providers” means any person providing specialized, supplementary and related services to learners with special education needs and includes braille readers and technicians, sign language instructors and interpreters, orientation and mobility specialists, physiotherapists, occupational therapists, speech and language pathologists and therapists, counsellors, behaviour specialists, sensory integration therapists, psychologists, nutritionists, social workers and learner support assistants.
(d) by inserting the following new definitions in the proper alphabetical sequence – No. 3 of 2021. No. 14 of 2013. No. 29 of 2013. No. 42 of 2012. “special needs educational institution” means an institution that is specially organized to make special educational provision for learners with disabilities and is for the time being registered or accredited as an educational institution under the Early Childhood Education Act, the Basic Education Act, the Technical and Vocational Education and Training Act, the Universities Act or any other Act of Parliament; and
………………/Notice of Amendments
(No. 091) WEDNESDAY, OCTOBER 11, 2023 (AFTERNOON SITTING) (1651)
“reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure learners with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
B.
**THE EQUALIZATION FUND (ADMINISTRATION) BILL (SENATE BILLS
NO. 14 OF 2023)
(The Chairperson, Standing Committee on Finance and Budget)
NOTICE is given that the Chairperson, Standing Committee on Finance and Budget, intends to move the following amendments to the Equalisation Fund (Administration) Bill, (Senate Bills No. 14 of 2023), at the Committee Stage-
CLAUSE 3
THAT clause 3 of the Bill be amended by deleting paragraph (b) and substituting therefor the following new paragraph-
(b) provide for completion of projects under policies developed by the Commission on Revenue Allocation under Article 216(4) of the Constitution.
CLAUSE 6
THAT clause 6 of the Bill be amended by-
(a) in paragraph (f) by deleting the words “one person” appearing immediately before the words “nominated by the Council” and substituting therefor the words “two persons”;
(b) by deleting paragraph (h) and substituting therefor the following new paragraph-
(h) one person representing persons with disabilities appointed by the cabinet secretary;
(c) by deleting subclause (3) and substituting therefor the following new subclause-
(3) The persons appointed under subsection (1)(d),(e), (f) and (h) shall hold office for a term of three years and shall be eligible for reappointment for one further term of three years.
CLAUSE 8
THAT the Bill be amended by deleting clause 8.
………………/Notice of Amendments
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CLAUSE 10
THAT clause 10 of the Bill be amended in subclause (1) by deleting the words “these Guidelines” appearing immediately after the words “Revenue Allocation and” in paragraph (g) and substituting therefor the words “this Act”.
CLAUSE 11
THAT clause 11 of the Bill be amended by deleting the expression “CS” appearing immediately after the word “The” and substituting therefor the words “Cabinet Secretary”.
CLAUSE 12
THAT clause 12 of the Bill be amended-
(a) in paragraph (a) by deleting the words “these Guidelines” appearing immediately after the words “its power under” and substituting therefor the words “this Act”;
(b) in paragraph (c) by deleting the words “these Guidelines” appearing immediately after the words “the Board under” and substituting therefor the words “this Act”.
CLAUSE 13
THAT clause 13 of the Bill be amended by inserting the following new subclause immediately after subclause (3)-
(4) Subsection (3) shall come into force and be applicable with respect to the financial year in which this Act comes into force and shall not apply with respect to preceding financial years.
CLAUSE 14
THAT clause 14 of the Bill be amended in subclause (2) by deleting paragraph (b) and substituting therefor the following new paragraph-
(b) has at least ten years’ experience at a senior management level in financial management, business administration, economics or law.
CLAUSE 17
THAT clause 17 of the Bill be amended-
(a) in the introductory clause by deleting the words “Each County Commissioner of an eligible county shall” appearing immediately before the words “establish and convene” and substituting therefor the words “The Board shall, in every eligible county”;
(b) by deleting paragraph (a) and substituting therefor the following new paragraph-
………………/Notice of Amendments
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(a) the County Commissioner and the Governor who shall be co- chairpersons;
(c) by deleting paragraph (e) and substituting therefor the following new paragraph-
(e) a public officer employed in the respective county government with technical expertise in areas that the prioritized projects fall; and
(d) by deleting paragraph (f).
CLAUSE 19
THAT clause 19 of the Bill be amended –
(a) in the introductory clause by deleting the words ‘The County Commissioner of an eligible county shall” appearing immediately before the words “establish a sub-county” and substituting therefor the words “The Board shall, in every eligible county”;
(b) by deleting paragraph (a) and substituting therefor the following new paragraph-
(a) the deputy county commissioner and the sub-county administrator who shall be co-chairpersons;
(c) by deleting paragraph (b) and substituting therefor the following new paragraphs-
(b) not more than two public officers designated by the county executive committee member with technical expertise in the areas of the prioritized projects;
(ba) not more than two public officers appointed by the Cabinet Secretary with technical expertise in the areas of the prioritized projects;
CLAUSE 21
THAT clause 21 of the Bill be amended in the introductory clause by deleting the words “The County Commissioner of an eligible county shall” appearing immediately before the words “establish a Project Identification” and substituting therefor the words “The Board shall, in every eligible county”.
CLAUSE 25
THAT clause 25 of the Bill be amended by deleting subclause (4).
………………/Notice of Amendments
(No. 091) WEDNESDAY, OCTOBER 11, 2023 (AFTERNOON SITTING) (1654)
NEW CLAUSE 13A
THAT the Bill be amended by inserting the following new clause immediately after clause 13- Conduct of affairs of the Board. 13A. (1) The Board shall conduct its affairs in accor with the Schedule.
(2) Except as provided in the Schedule, the Board may regulate its own procedure.
SCHEDULE
THAT the Bill be amended by inserting the following new schedule
SCHEDULE (13A)
PROVISIONS RELATING TO MEETINGS OF THE ADVISORY
BOARD
- 1. The Board shall meet at least once in every three months to
conduct the business of the Board of Authority.
- 2. The chairperson may on his or her own motion, or upon request
by a member, call a special meeting of the Board at any time, where he or she considers it expedient for the transaction of the business of the Board.
- 3. Other than a special meeting, or unless three quarters of
members agree, at least fourteen days’ written notice of every meeting of the Board of the Authority shall be given to every member of the Board by the secretary.
- 4. The quorum at a meeting of the Board of the Authority shall be
half of the members.
- 5. The chairperson shall preside at the meetings of the Board of
the Authority and in the absence of the chairperson, the vice- chairperson or a member of the Board elected by the members present from among their number shall preside.
- 6. The matters of the Board shall be decided by a majority of the
members present and voting and in the event of equality of votes, the person presiding shall have a casting vote.
………………/Notice of Amendments
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- 7. The proceedings of the Board of the Authority shall not be
invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member.
- 8. At the first meeting of the Board, the members shall elect a vice-
chairperson, not being an ex-officio member, from among its members.
- 9. Subject to the provisions of this Schedule, the Board may
determine its own procedure and the procedure for any committee of the Board and for attendance of any other persons at the meetings of the Board.
CLAUSE 2
THAT clause 2 of the Bill be amended by-
(a) inserting the following new definition immediately after the definition of the word “eligible county”-
“First Policy” means the first policy determined by the Commission on Revenue Allocation under Article 216(4) of the Constitution in identifying marginalized areas for purposes of Article 204(2) of the Constitution;
(b) by deleting the definition of the word “revenue” and substituting therefor the following new definition-
“revenue” means the total revenue collected by the National Government including ordinary revenue and Appropriations in Aid.
C. *THE COUNTY LICENSING (UNIFORM PROCEDURE) BILL (SENATE BILLS
NO. 9 OF 2022)
(Sen. Mariam Sheikh Omar, MP)
NOTICE is given that the Chairperson, Standing Committee on Trade, Tourism and Industrialization, intends to move the following amendments to the County Licensing (Uniform Procedures) Bill, (Senate Bills No. 32 of 2020), at the Committee Stage-
CLAUSE 4
THAT clause 4 of the Bill be amended by inserting the following new paragraph immediately after paragraph (d)— (e) establishing and implementing a system that designates different codes for the different categories of licences issued by that authority.
………………/Notice of Amendments
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CLAUSE 6
THAT clause 6 of the Bill be amended by— (a) inserting the words “producers, suppliers and service providers” immediately after the words “rights of consumers” appearing in paragraph (a); and (b) inserting the following new paragraph immediately after paragraph (e)— (f) ensure that each category of the licences offered by the county government is designated a unique code.
CLAUSE 16
THAT clause 16 of the Bill be amended in subclause (3) by inserting the following new paragraph immediately after paragraph (a)— (aa) the code of the category of the licence.
CLAUSE 23
THAT clause 23 of the Bill be amended in subclause (3) by inserting the following new paragraph immediately after paragraph (b)—
(c) make the register accessible to the public online.
CLAUSE 24
THAT clause 24 of the Bill be amended by inserting the following new subclause immediately after subclause (5)— (6) Pursuant to section 20(1)(a) and (c) of the Intergovernmental Relations Act, the Council of County Governors shall provide a platform for consultation and collaboration by county governments in – (a) establishing a system to facilitate the effective implementation of this Act; and (b) establishing and implementing harmonised processes for issuance of licences and imposition of fees where goods are transported across different counties.
CLAUSE 28
THAT clause 28 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (c)— (ca) a coding system for all categories of licences issued by the county government.
………………/Notice of Amendments
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NEW CLAUSE
THAT the Bill be amended by inserting the following new clause immediately after clause 26— Breach of the Act. 26A. A person who contravenes a provision of this Act commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months or to both.
D.
*THE AGRICULTURAL AND LIVESTOCK EXTENSION SERVICES BILL
(SENATE BILLS NO. 12 OF 2022)
(Sen. Maureen Tabitha Mutinda, MP)
NOTICE is given that the Chairperson, Standing Committee on Agriculture, Livestock and Fisheries intends to move the following amendments to the Agricultural and Livestock Extension Services Bill, (Senate Bills No. 12 of 2022) at the Committee Stage—
CLAUSE 3
THAT clause 3 of the Bill be amended in paragraph (e) by deleting the words “services industry” appearing immediately after the words “in the extension” and substituting therefor the word “service”.
CLAUSE 4
THAT clause 4 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclause—
(2) In developing the National Extension Services Policy, the Cabinet Secretary shall have regard to—
(a) the need for an effective management and implementation structure at the national and county levels of government in order to ensure the effective development of the extension services; (b) adequate capacity development by imparting skills, knowledge and practices in support of players in the extension services sector; (c) the effective participation of stakeholders and communities at the national and county levels of government; (d) the development of appropriate strategies and mechanisms at the national and county levels of government necessary to support the development of extension services; (e) the need to have a mechanism to monitor and evaluate the implementation of the policy in the development and regulation of the extension services; (f) the resources required at the national and county levels of government for the effective implementation of the policy; and
………………/Notice of Amendments
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(g) the capacity building programmes and strategies needed to be carried out to ensure that extension services providers are able to respond to the needs identified for the implementation of the policy.
CLAUSE 5
THAT clause 5 of the Bill be amended by deleting subclause (1) and substituting therefor the following new subclauses —
(1) Each county executive committee member shall formulate and publish, in the Gazette, a county specific extension services strategy.
(2) in formulating the strategy take into account the national agricultural and livestock policy formulated by the Cabinet Secretary under section 4.
CLAUSE 8
THAT clause 8 of the Bill be deleted and substituted therefor with the following new clause—
Functions of the service.
- 8. (1) The functions of the Service shall be to—
(a) enhance the competitiveness of the agriculture and livestock industry in Kenya in an increasingly competitive environment; (b) increase the long-term productivity of agriculture and livestock industry in Kenya while maintaining and enhancing the natural resource base on which the national and county government’s agricultural economy depend on; (c) develop new uses and products for agricultural commodities and develop alternative production methods for the production of new crops; and (d) improve risk management in the agriculture and livestock industry in Kenya.
(2) In the performance of its functions under subsection (1), the Service shall—
(a) support the provision of agricultural research on extension services to promote economic opportunities in rural communities and meet the demand for information and technology transfer throughout the agriculture industry in Kenya;
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(b) collaborate with county governments in — (i) improving the coordination and planning of agricultural research, extension and training programs; (ii) identifying needs and establishing priorities for programs under subparagraph (i); (iii) realising the implementation of national agricultural research, extension and training objectives in the respective counties; and (iv) ensuring that the results of agricultural research are effectively communicated and demonstrated to users including farmers, processors, handlers, consumers who can benefit from them; (c) maintain and disseminate information on standards for the supply of nutritious and safe food by the county governments; (d) facilitate the transfer of technology; (e) encourage the use of information communication and technology by developing and packaging information in simple, easily accessible digital systems; (f) collaborate with international entities in order to leverage on resources, priority food and agricultural interests including addressing emerging plant and animal diseases, improving crop varieties and animal breeds and developing safe, efficient and nutritious food systems; (g) mobilise resources at the national level of government for investment in development and implementation of extension service programs in the counties; (h) develop and coordinate intergovernmental relation mechanisms in the delivery of services related to extension services; (i) provide technical assistance and capacity building to the county governments on matters relating to extension services; (j) approve institutions for the training of extension services; and (k) establish, approve and accredit programs for continuing professional development programs.
CLAUSE 10
THAT clause 10 of the Bill be amended —
(i) in subclause (2) by inserting the expression “(a)” immediately after the words “under subsection (1)”; and (ii) by renumbering subclause (4) as subclause (3).
………………/Notice of Amendments
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CLAUSE 11
THAT clause 11 of the Bill be amended in subclause (1) by—
(i) inserting the expression “(a)” immediately after the words “under section 10(1)” appearing in the introductory clause; and (ii) inserting the words “in agriculture or a related field” immediately after the words “holds a degree” appearing at the beginning of paragraph (b).
CLAUSE 14
THAT clause 14 of the Bill be amended in subclause (1)(i) by deleting the word “sector” appearing immediately after the words “players in the” and substituting therefor the word “industry”.
CLAUSE 26
THAT clause 26 of the Bill be amended in –
(a) subclause (1) by–
(i) deleting the word “sector” appearing immediately after the words “the extension services” in paragraph (a); (ii) deleting the word “industry” appearing immediately after the words “on extension services” in paragraph (c); (iii) deleting the word “sector” appearing immediately after the words “the extension services” in paragraph (e); and
(b) subclause (2) by deleting the words “the permits” appearing immediately after the words “applications for” in paragraph (b) and substituting therefor the word “registration”.
CLAUSE 30
THAT clause 30 of the Bill be amended in—
(a) subclause (1) by deleting the word “yearly” appearing immediately after the words “year and the” and substituting therefor the word “annual”; and (b) subclause (2) by deleting the words “to him” appearing immediately after the words “and statements submitted”.
CLAUSE 33
THAT clause 33 of the Bill be amended by—
(a) renumbering the existing provision as subclause (1); and (b) inserting the following new subclause immediately after subclause (1).
………………/Notice of Amendments
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(2) Without prejudice to the generality of subsection (1), the Cabinet Secretary may prescribe the minimum standards with regard to the — (a) training of extension services officers; (b) professional qualifications of extension services officers; (c) certification and registration with respect to extension services; and (d) remuneration of extension services officers.
NEW CLAUSES
THAT the Bill be amended by inserting the following new clauses immediately after clause 26—
CLAUSE 26A
26A. (1) A county public service board shall competitively recruit and appoint such extension services officers as it may consider necessary for the proper and efficient implementation of this Act. (2) In recruiting the extension services officers under subsection (1), the county service board shall ensure that sufficient officers are recruited and deployed at the grassroot level. (3) Each county government shall provide the necessary infrastructure and funds necessary for the implementation of extension services within the county. Recruitment of extension services officers
CLAUSE 26B
26B (1) A person is qualified for employment as an extension services officer if the person holds a certificate in an extension services related course from a tertiary institution recognized in Kenya. ( 2) A County government may through legislation, prescribe additional qualifications as it may deem necessary. Qualification for extension services officers.
CLAUSE 26C
26C. (1) An extension services officer or a private entity that intends to provide extension services, shall register with the respective county government in which they intend to provide the services. (2) An extension service officer or private entity shall furnish the officer appointed under section 26D(3) with change of details within seven days of the occurrence of the change. Registration of extension services officers.
………………/Notice of Amendments
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CLAUSE 26D
26D. (1) Each county executive committee member shall keep and maintain a register of —
(a) extension service officers registered in the respective county; and (b) private entities providing extension services in the respective county. (2) The register under subsection (1) shall include the following— (a) in the case of an extension service officer- (i) name (ii) identification details as per the identification document; (iii) contact details; (iv) qualifications; (v) information on current status of employment; and (vi) such other information as the county executive committee member shall prescribe in county legislation. (b) in the case of a private entity- (i) name of the entity; (ii) number and details of extension officers employed by the entity; (iii) area of specialty; and (iv) location of the office headquarters and branches if any. (3) The County executive committee member shall designate a public officer within the county public service as a registrar to keep and maintain the register under subsection (1).
Register of extension services providers.
CLAUSE 26E
26E. (1) Each county executive committee member shall publish on a website maintained by the county government and on such other platform as the committee member may consider appropriate, information on the —
(a) extension services available in the county; and (b) extension services officers delivering the services within the county. (2) The information published under subsection (1) shall include-
………………/Notice of Amendments Publicizing extension services.
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(a) emerging pest and diseases that may affect crops and livestock in the county; (b) the major challenges faced by farmers and the action required to prevent or mitigate such challenges; (c) the preventive and curative measures available to the farmers; (d) information about resources available to support farmers within the County; and (e) such other information relating to extension services that the county executive committee member may consider necessary. (3) The information under subsection (1) shall be accessible to the residents of the county and shall be published in a format that is easy to understand.
NEW CLAUSE 32A
THAT the Bill be amended by inserting the following new clause immediately after clause 32—
32A. A person offering extension services shall adhere to such procedures, standards, code of ethics and guidelines as may be prescribed under this Act or any other written law.
E.
*THE MUNG BEANS BILL (SENATE BILLS NO. 13 OF 2022)
(Sen. Enoch Wambua, MP)
NOTICE is given that the, Chairperson, Standing Committee on Agriculture, Livestock and Fisheries intends to move the following amendments to the Mung Beans Bill, (Senate Bills No. 13 of 2022) at the Committee Stage—
CLAUSE 7
THAT clause 7 of the Bill be amended in sub-clause (1) by inserting the words “in consultation with the Council of County Governors,” immediately after the words “Cabinet Secretary ”.
CLAUSE 10
THAT clause 10 of the Bill be deleted and substituted therefor with the following new clause—
………………/Notice of Amendments
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County licensing committee
- 10. (1) Each county executive committee member responsible for
matters relating to trade shall, for the effective performance of section 9, establish a county licensing committee. (2) A county licensing committee shall consist of — (a) a chairperson;
(b) one person representing growers of mung beans in the respective county;
(c) one public officer in the department responsible for agriculture with relevant experience in matters relating to agriculture; and
(d) two public officers in the department responsible for trade with relevant experience in matters relating to trade and finance.
(3) The chairperson and the member under subsection (2)(b) shall be competitively recruited by the county public service board and appointed by the county executive committee member.
(4) The county executive committee member shall appoint the persons in subsection (2) (a) and (b) by notice is the gazette.
CLAUSE 11
THAT clause 11 of the Bill be amended in paragraph (a) by inserting the words “in agriculture, trade or finance” immediately after the words “holds a degree”.
CLAUSE 13
THAT clause 13 of the Bill be amended in sub-clause (1) by inserting the words “responsible for matters relating to trade” immediately after the words “ committee member”.
CLAUSE 15
THAT clause 15 of the Bill be amended in sub-clause (3)(d) by inserting the words “responsible for matters relating to trade” immediately after the words “ committee member”.
………………/Notice of Amendments
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CLAUSE 16
THAT clause 16 of the Bill be amended- (a) by re-numbering the introductory clause as sub-clause (1); (b) by inserting the words “responsible for matters relating to trade” immediately after the words “ committee member” in the new re-numbered sub-clause (1). (c) in subclause (2) by inserting the words “responsible for matters relating to trade” immediately after the words “ committee member”. (d) in subclause (3) by inserting the words “responsible for matters relating to trade” immediately after the words “ committee member”. (e) in subclause (4) by inserting the words “responsible for matters relating to trade” immediately after the words “ committee member”.
CLAUSE 19
THAT clause 19 of the Bill be amended- (a) in sub-clause (2) by inserting the words “responsible for matters relating to trade” immediately after the words “ committee member”. (b) by deleting sub-clause (3) and substituting therefor the following new subclause- (3) A county executive committee member shall furnish the Authority with information on all growers registered in the county, on the fifth day of every month. (c) by inserting the following new sub-clause immediately after sub-clause (3) – (5) A county executive committee member responsible for matters relating to trade shall furnish the Authority with information on licences issued, cancelled or renewed in the county, on the fifth day of every month.
NEW CLAUSE 22A
THAT the Bill be amended by inserting the following new clause immediately after clause 22-
Safeguard measures 22A. (1) Subject to the regional and international trade agreements to which Kenya is a party, all mung beans imports into the country shall be subject to the prevailing import duties, taxes and other tariffs and such imports shall be controlled by the Authority. (2) The Cabinet Secretary shall implement such safeguard measures as may be necessary to protect the industry from unfair trade practices.
………………/Notice of Amendments
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F.
*THE START-UP BILL (SENATE BILLS NO. 14 OF 2022)
(Sen. Crystal Asige, MP)
NOTICE is given that the Chairperson, Standing Committee on Trade, Tourism and Industrialization intends to move the following amendments to the Startup Bill (Senate Bills No. 14 of 2022), at the Committee Stage—
CLAUSE 3
THAT clause 3 of the Bill be amended by inserting the following new paragraph immediately after paragraph (f) —
(g) to ensure that all persons, irrespective of their gender, status or ethnicity, are afforded an equal opportunity to establish and benefit from their innovations.
CLAUSE 4
THAT clause 4 of the Bill be amended —
(a) in subclause (1) by inserting the words “between entities registered under this Act to achieve increased innovation, economic growth and better access to new technologies” immediately after the words “of technology innovation” appearing in paragraph (b); (b) in subclause (2) by—
(i) deleting the words “incubators into the” appearing immediately after the words “and admission of” in paragraph (c) and substituting therefor the words “startups into”; and (ii) deleting the words “entities from” appearing immediately after the words “enable access to” in paragraph (h) and substituting therefor the words “incubation programmes by”.
CLAUSE 5
THAT Clause 5 of the Bill be amended in subclause (2) by deleting the word “entities,” appearing immediately after the words “the evaluation of” in paragraph (c) and substituting therefor the words “startups, incubation”.
CLAUSE 8
THAT clause 8 of the Bill be amended —
(a) in subclause (1) by — (i) deleting paragraph (b) and substituting therefor the following new paragraph —
………………/Notice of Amendments
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(b) is newly registered or has been in existence for a period of not more than five years from the date of its incorporation or registration; (ii) deleting the words “is wholly” appearing before the words “owned by one” in paragraph (g) and substituting therefor the words “has at least of ninety percent of its shares”; (iii) deleting paragraph (i); and
(b) by inserting the following new subclause immediately after subclause (2)—
(3) The registrar or county executive committee member, as the case may be, may waive the requirement for registration under subsection (1)(a) where — (a) that person has an innovative product or service; (b) that person exhibits that they do not have the financial capability to register an entity in compliance with subsection (1)(a); and (c) the registrar is satisfied that the innovation is suitable for registration as a startup and will benefit from admission into an incubation programme.
CLAUSE 9
That Clause 9 be amended by inserting the following new subclause after subclause (2)— (2A) A person eligible for admission into an incubation programme pursuant to section 8(3) shall not be required to provide the information under subsection (2)(a)(iv), (v), (vi) and (vii) and (2)(c).
CLAUSE 12
THAT clause 12 of the Bill be amended in subclause (1) by deleting the words “admission into an incubation programme” appearing immediately after the words “The certificate of” in the introductory clause and substituting therefor with the words “registration”.
CLAUSE 13
THAT clause 13 of the Bill be amended in subclause (1) by deleting the words “an unlawful purpose or used for a purpose incompatible with public interest” appearing immediately after the words “be pursued for” in paragraph (d) and substituting thereof with the words “a purpose contrary to any written law”.
CLAUSE 22
THAT clause 22 of the Bill be amended in paragraph (b) by— (a) deleting the word “accounting” appearing immediately after word “maintain” and substituting therefor the words “financial records”; and (b) inserting the words “annual financial records and” immediately after the words “and submit its”.
………………/Notice of Amendments
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CLAUSE 23
THAT clause 23 of the Bill be amended— (a) in paragraph (c) by inserting the words “physical and virtual” immediately before the words “facilities, suitable to” in subparagraph (i); and (b) by inserting the following new paragraphs immediately after paragraph (f)— (g) meets the prescribed occupational safety conditions under the Occupational Safety and Health Act; and (h) has no history of violation of human rights.
CLAUSE 24
THAT clause 24 of the Bill be amended in subclause (2) by inserting the words “owned by the incubator and the startups admitted to its incubation programme” immediately after the words “intellectual property rights” in paragraph (j)
CLAUSE 26
THAT clause 26 of the Bill be amended by— (a) deleting paragraph (a) and substituting therefor the following new paragraph— (a) support startups that are developing or delivering innovative products or services that solve a specific problem or fulfil a market need; (b) deleting paragraph (f) and substituting therefor the following new paragraph— (f) equip startups with skills in raising capital and marketing their products; (c) deleting paragraph (i) and substituting therefor the following new paragraph— (i) support and facilitate the transfer of technology from research institutions and to the relevant startups; (d) inserting the following new paragraph immediately after paragraph (i) — (ia) provide remote support services to startups.
CLAUSE 27
THAT clause 27 of the Bill be amended— (a) by renumbering the existing provision as subclause (1); (b) in the renumbered subclause (1) by inserting the following new paragraph immediately after paragraph (e)—
(f) implement fiscal and non-fiscal incentives that target women, persons with disability and marginalized groups; (c) by inserting the following new subclause immediately after the renumbered subclause (1)— (2) The Cabinet Secretary responsible for finance shall, in consultation with the Cabinet Secretary, prescribe a mechanism for the provision and administration of fiscal and non-fiscal incentives under subsection (1) within one year from the commencement of this Act.
CLAUSE 28
THAT clause 28 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (c)—
………………/Notice of Amendments
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(d) the prioritisation of women, marginalized groups and rural populations in the provision of financial support.
CLAUSE 30
THAT clause 30 of the Bill be amended in subclause (1) by inserting the words “relating to the startup’s product or service” immediately after the words “intellectual property rights”.
CLAUSE 32
THAT clause 32 of the Bill be amended by inserting the following new subclause immediately after subclause (2)—
(3) The Cabinet Secretary shall publish the regulations under subsection (1) within one year from the date of commencement of the Act.
CLAUSE 33
THAT clause 33 of the Bill be amended in sub-clause 2 by inserting the following new paragraph immediately after paragraph (k)—
(l) for registration of entities and admission into incubation programmes.
CLAUSE 2
THAT clause 2 of the Bill be amended—
(a) in the definition of the word “startup” by deleting the words “and a disruptive economic model” appearing immediately after the words “strong growth potential” and substituting therefor the words “intended to develop and deliver innovative products or services that solve a specific problem or fulfil a market need”;
(b) by deleting the definition of the word “startup incubator” appearing immediately after the definition of the word “cabinet secretary”; and
(c) by inserting the following new definition immediately after the definition of the word “non-governmental organization” –
“registrar” means a person appointed as a registrar under section 6(2) of this Act.
G.
THE PERSONS WITH DISABILITIES BILL (SENATE BILLS NO. 7 OF 2023)
(Sen. Crystal Asige, MP)
NOTICE is given that the Chairperson, Standing Committee on Labour and Social Welfare, intends to move the following amendments to the Persons with Disabilities Bill (Senate Bills No. 7 of 2023) at the Committee Stage—
………………/Notice of Amendments
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CLAUSE 4
THAT clause 4 of the Bill be amended by inserting the following paragraphs immediately after paragraph (m)—
(n) provide capacity building, funding and technical assistance to the county governments on all matters relating to persons with disabilities;
(o) consult county governments on any matter relating to persons with disabilities that affect the functions and powers of county governments; and
(p) develop programmes for care givers of persons with disabilities on specialised training, counselling and economic development.
CLAUSE 5
THAT clause 5 of the Bill be amended in subclause 2 (c) by deleting the word “establish” appearing in the introductory part of the subclause and substituting therefor the words “liaise with the Council to maintain”.
CLAUSE 14
THAT clause 14 of the Bill be amended in subclause (1) by inserting the words “free of charge” at the end of the subclause.
CLAUSE 20
THAT clause 20 (8) (c) of the Bill be amended by deleting subparagraph (vi) and substituting therefor the following paragraph—
(vi) introduction of Kenyan Sign language courses in all learning and training institutions.
CLAUSE 24
THAT clause 24 of the Bill be amended by— (a) deleting subclause (7) and substituting therefor the following — (7) The national and county governments shall ensure that all health institutions have an adequate number of Kenyan Sign language interpreters in their institutional structures; and (b) inserting the following new subclause immediately after subclause (7)—
(7A) Every person with a disability has the right to access health care on the basis of free and informed consent.
………………/Notice of Amendments
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CLAUSE 26
THAT clause 26 of the Bill be amended—
(a) in subclause (3) by inserting the words “and private” immediately after the word “Public”;
(b) in subclause (4) by inserting the words “and private” immediately after the word “public”; (c) in subclause (5) by inserting the words “and private” immediately after the word “public”; and (d) by deleting subclause (9) and substituting therefor the following subclause—
(9) All public and private institutions of higher learning shall have a common course in Kenyan Sign language.
CLAUSE 29
THAT clause 29 of the Bill be amended –
(a) in subclause (1) by inserting the words “at the” immediately after the words “cultural activities”; and
(b) by inserting the following new subclause immediately after subclause (1)— (1A) Every person with disability shall be entitled to use recreational or sports facilities owned or operated by the national and county governments, free of charge.
CLAUSE 31
THAT clause 31 of the Bill be amended by inserting the following new subclause immediately after subclause (5)—
(5A) The Council shall consult and collaborate with the county governments and other government regulatory agencies in exercise of its functions under this section.
CLAUSE 60
THAT clause 60 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (j)— (k) reasonable accommodation.
………………/Notice of Amendments
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CLAUSE 62
THAT clause 62 of the Bill be amended by deleting subclause (2).
NEW CLAUSES
NEW CLAUSE 78A
THAT the Bill be amended by inserting the following new clause immediately after clause 78 —
Consultation between the National and county governments. 78A. (1) The national and county governments shall perform their functions and powers under this Act on the basis of consultation and cooperation. (2) The Council shall, in carrying out its functions under this Act, consult the council of county governors on any matter that affects the functions and powers of county governments.
NEW CLAUSE 84A
THAT the Bill be amended by inserting the following new clause immediately after clause 84 —
Abolishment of the National Fund for the Disabled of Kenya. 84A. (1) The National Fund for the Disabled of Kenya established under the Trustees (Perpetual Succession) Act is hereby abolished.
(2) Notwithstanding subsection (1), the National Fund for the Disabled of Kenya shall be merged with the National Development Fund for Persons with Disabilities established under section 32 of the Persons with Disabilities Act, No. 14 of 2003.
(3) The National Fund for the Disabled in Kenya shall continue to be administered by the Board of Trustees of the National Development Fund for Persons with Disabilities until the National Development Fund for Persons with Disabilities is reestablished by the Cabinet Secretary responsible for matters relating to finance through regulations made under the Public Finance Management Act, No. 18 of 2012.
(4) The provisions of section 84 (1) shall, with modifications, apply to the abolished National Fund for the Disabled of Kenya.
………………/Notice of Amendments
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CLAUSE 2
THAT clause 2 of the Bill be amended by inserting the following definition immediately after definition of the term “assistive devices”—
"building" means any structure or erection and any part of any structure or erection of any kind whatsoever whether permanent, temporary or movable, and whether completed or uncompleted;
H.
*THE KENYAN SIGN LANGUAGE BILL (SENATE BILLS NO. 9 OF 2023)
(Sen. (Prof.) Margaret Kamar, MP and Sen. Crystal Asige, MP)
NOTICE is hereby given that the Chairperson of the Senate Standing Committee on Education, intends to move the following amendments to the Kenyan Sign Language Bill, (Senate Bills No. 9 of 2023) at the Committee Stage –
CLAUSE 4
THAT clause 4 of the Bill be amended in subclause (2) by deleting the words “The community of deaf persons” appearing at the beginning of the subclause and substituting therefor the words “The Deaf community”.
CLAUSE 6
THAT clause 6 of the Bill be amended –
(a) in subclause (1) by deleting the words “Signed English” appearing immediately after the words “to use Kenyan” in paragraph (d) and substituting therefor the words “Sign Language”; and
(b) in subclause (2) by deleting the words “signed English” appearing immediately after the words “to use Kenyan” and substituting therefor the words “Sign Language”.
CLAUSE 7
THAT clause 7 of the Bill be amended in –
(a) paragraph (f) by deleting the words “institutions of education for the deaf cater for” appearing at the beginning of the paragraph and substituting therefor the words “ensure that educational institutions for the Deaf provide”; and
(b) paragraph (h) by deleting the word “recognized” appearing immediately after the words “who are attending” and substituting therefor the word “public”.
………………/Notice of Amendments
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CLAUSE 9
THAT the Bill be amended by deleting clause 9.
CLAUSE 10
THAT clause 10 of the Bill be amended in subclause (1) by deleting the words “National Accreditation Agency” appearing immediately after the words “with the Kenya” and substituting therefor the word “Accreditation Service”.
CLAUSE 12
THAT the Bill be amended in clause 12 by deleting subclause (2) and substituting therefor the following new subclause –
(2) A person shall be nominated as a registrar under subsection (1) if that person – (a) is a citizen of Kenya; (b) holds a degree in social sciences or its equivalent from a university recognized in Kenya; (c) has at least five years experience in Kenyan sign language proficiency; and (d) meets the requirements of Chapter Six of the Constitution.
CLAUSE 19
THAT the Bill be amended by deleting clause 19 and substituting therefor the following new clause –
Action plan. 19. (1) The Cabinet Secretary shall, in consultation with the most representative registered association for the Deaf, National Council for Persons with Disabilities and the Council of County Governors develop a Kenyan Sign language action plan twelve months upon the commencement of this Act.
(2) A plan developed under subsection (1) shall include – (a) an assessment of the accessibility of National and county government services by members of the Deaf community; and (b) a statement on the actions proposed to be taken by National and county governments so as to take into consideration the needs of the Deaf community in delivery of services.
………………/Notice of Amendments
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CLAUSE 2
THAT clause 2 of the Bill be amended by deleting –
(e) the definition of the term “Kenya signed English”; and
(f) the definition of the term “Kenya sign language” and substituting therefor the following new definition —
“Kenyan Sign Language” means the sign language used by the Deaf community and includes other types of language like Kenyan Signed English, pidgin, cued speech, contact sign language for the Deaf blind and other sign language based medium of communication as may emerge from time to time to meet unique needs of the Deaf community.
…………./Appendix
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APPENDIX
- 1. PETITIONS
i.) Report of the Standing Committee on Labour and Social Welfare on a Petition to the Senate by Ms. Tarsila Mwashimba and others concerning unlawful salary deductions of female teachers by the Kenya Women Teachers Association (KEWOTA).
(The Chairperson, Standing Committee on Labour and Social Welfare)
ii.) Petition to the Senate by the residents of Changara in Teso North Sub- County, Busia County concerning the Changara Water Pan, a World Bank- funded project.
(Sen.Okoiti Andrew Omtatah, MP)
iii.) Petition to the Senate by residents of Turkana County concerning the state of insecurity in Turkana County.
(Sen. James Lomenen, MP)
- 2. PAPERS
i.) The National Treasury and Economic Planning Micro, Small and Medium Enterprises (MSMEs) Credit Guarantee Scheme Performance Report for the period 1st July 2022 to 30th June, 2023.
ii.) The National Treasury and Economic Planning, Annual Public Debt Management Report for Financial Year 2022/2023.
iii.) The Lake Ol Bolossat Catchment Protection Area Order, Legal Notice No. 116 of 20223.
iv.) The Karai Wetland Conservation Area Order, Legal Notice No. 117 of 2023.
v.) The Mwangea Hills Catchment Protection Area Order, Legal Notice No. 118 of 2023.
vi.) The Lari Swamp Catchment Protection Area Order, Legal Notice No. 119 of 2023. (The Senate Majority Leader)
vii.) Report of the Standing Committee on Labour and Social Welfare on its consideration of the Care and Protection of Child Parent Bill, (Senate Bills No. 29 of 2023)
(The Chairperson, Standing Committee on Labour and Social Welfare)
…………./Appendix
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viii.) Report of the Standing Committee on Labour and Social Welfare on its consideration of the County Hall of Fame Bill, (Senate Bills No. 18 of 2023)
(The Chairperson, Standing Committee on Labour and Social Welfare)
- 3. QUESTIONS AND STATEMENTS
STATEMENTS
a) Pursuant to Standing Order 53(1)
i.) The Senator for Bungoma County (Sen. David Wafula, MP) to seek a statement from the Standing Committee on Health regarding healthcare services to the beneficiaries of the National Health Insurance Fund (NHIF).
ii.) The Senator for Bungoma County (Sen. David Wafula, MP) to seek a statement from the Standing Committee on Labour and Social Welfare regarding the status of recent employment of senior management positions at the Kenya National Highways Authority (KeNHA).
iii.) The Senator for Migori County (Sen. Eddy Oketch, MP) to seek a statement from the Standing Committee on Health regarding the death of Ms. Maurine Achieng’ and her newborn baby at health care facilities in Nairobi County.
iv.) The Senator for Kiambu County (Sen. Karungo Thangwa, MP) to seek a statement from the Standing Committee on Roads, Transportation and Housing concerning the status of compensation of land owners along the Western bypass in Kabete by Kenya National Highways Authority (KeNHA).
v.) The Senator for Nandi County (Sen. Samson Cherarkey, MP) to seek a statement from the Standing Committee on Labour and Social Welfare regarding an attack on a Kenyan athlete by a stray dog in Buenos Aires in Argentina.
vi.) The Senator for Nandi County (Sen. Samson Cherarkey, MP) to seek a statement from the Standing Committee on Health regarding the medical insurance cover for Nandi County staff.
vii.) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, MP) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations concerning civilian deaths and injuries caused by the country wide demonstrations including cases in Kisumu County.
…………./Appendix
(No. 091) WEDNESDAY, OCTOBER 11, 2023 (AFTERNOON SITTING) (1678)
viii.) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, MP) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the promotion of fish farming in Kisumu County.
ix.) Nominated Senator (Sen. Veronica Maina, MP) to seek a statement from the Standing Committee on Labour and Social Welfare regarding the promotion of African attire.
x.) Nominated Senator (Sen. Veronica Maina, MP) to seek a statement from the Standing Committee on Labour and Social Welfare concerning allegations of politically-instigated harassment of employees in the counties.
xi.) Nominated Senator (Sen. Esther Okenyuri, MP) to seek a statement from the Standing Committee on Finance and Budget concerning the socio-economic impact of the Hustler Fund.
xii.) The Senator for Embu County (Sen. Alexander Mundigi, MP) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding stalled government irrigation projects in Embu County.
xiii.) The Senator for Taita Taveta County (Sen. Johnes Mwaruma, MP) to seek a statement from the Standing Committee on Finance and Budget regarding the underpayment of retirement benefits to former employees of Housing Finance Corporation of Kenya (HFCK).
xiv.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee on Health regarding the high prevalence of cancer in Marsabit County.
xv.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries concerning the existence of an Artificial Insemination (AI) goat centre in Ahiti Ndomba in Kirinyaga County.
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………………/Notice Paper
(No. 091) WEDNESDAY, OCTOBER 11, 2023 (AFTERNOON SITTING) (1679)
NOTICE PAPER
Tentative Business for
Thursday, October 12, 2023
(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, October 12, 2023.
A. BILLS AT THE SECOND READING STAGE
i.) *THE COUNTY BOUNDARIES BILL (SENATE BILLS NO. 6 OF 2023) (Sen. Moses Kajwang’ MP)
ii.) *THE MATERNAL, NEWBORN AND CHILD HEALTH BILL (SENATE BILLS
NO. 17 OF 2023)
(Sen. Beatrice Ogolla, MP)
iii.) *THE COUNTY HALL OF FAME BILL (SENATE BILLS NO. 18 OF 2023) (Sen. Miraj Abdillahi Abdulrahman, MP)
iv.) *THE RICE BILL (SENATE BILLS NO. 19 OF 2023) (Sen. James Kamau Murango, MP
v.) ****THE COUNTY GOVERNMENTS (REVENUE RAISING PROCESS) BILL
(SENATE BILLS NO. 22 OF 2023)
(The Senate Majority Leader)
vi.) *THE COMMUNITY HEALTH SERVICES BILL (SENATE BILLS NO. 24 OF 2023) (Sen. Moses Kajwang’, MP)
vii.) *THE CARE AND PROTECTION OF CHILD PARENTS BILL (SENATE
BILLS NO. 29 OF 2023)
(Sen. Miraj Abdillahi Abdulrahman, MP)
B. MOTION
DEVELOPMENT OF A POLICY AND LAW FOR SOCIAL RISK MANAGEMENT
IN INFRASTRUCTURE DEVELOPMENT PROJECTS IN KENYA
(Sen. Catherine Mumma, MP)
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Published by the Parliament of Kenya — original source. Text read from the retained document on 19 Aug 2026.