Tuesday, August 01, 2023 At 2.30 P.m.

Thirteenth Parliament

Second Session (No. 067) (1268)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE SENATE

ORDER PAPER

TUESDAY, AUGUST 01, 2023 AT 2.30 PM

PRAYER

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages
4. 4. Petitions
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. MOTION - EXTENSION OF MANDATE OF THE AD HOC COMMITTEE TO

INVESTIGATE THE PROLIFERATION OF RELIGIOUS ORGANIZATIONS

AND THE CIRCUMSTANCES LEADING TO THE DEATHS OF MORE

THAN 95 PEOPLE IN SHAKAHOLA, KILIFI COUNTY

(The Chairperson, Ad-Hoc Committee)

THAT, AWARE that at the sitting of the Senate held on Thursday, 27th April, 2023, the Senate, by Resolution, established an Ad Hoc Committee to investigate the proliferation of religious organizations and the circumstances leading to the deaths of more than 95 people in Shakahola, Kilifi county;

APPRECIATING that the mandate of the Select Committee is due to lapse on Wednesday, 26th July, 2023;

ACKNOWLEDGING that the Committee has undertaken a tremendous amount of work in the execution of its mandate;

NOTING that the events of the Shakahola in the country continues to evolve with the discovery of more bodies in the Shakahola mass graves, and that the Committee is yet to visit the new gravesites; ……………/Motion

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NOW THEREFORE, the Senate resolves to renew the mandate of the Ad Hoc Committee by a further period not exceeding thirty (30) days of this resolution, and to table its final report in the Senate on or before 5th September, 2023.

1. 9. MOTION

-

ADOPTION

OF

THE

REPORT

OF

THE

STANDING

COMMITTEE

ON

FINANCE

AND

BUDGET

ON

THE

COUNTY

GOVERNMENTS

(EQUITABLE

SHARE)

CASH

DISBURSEMENT

SCHEDULE FOR THE FINANCIAL YEAR 2023/2024 AND APPROVAL OF

THE COUNTY GOVERNMENT CASH DISBURSEMENT (EQUITABLE

SHARE) SCHEDULE FOR THE FINANCIAL YEAR 2023/2024.

(The Chairperson, Standing Committee on Finance and Budget)

THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the County Governments (Equitable Share) Cash Disbursement Schedule for Financial year 2023/2024, laid on the Table of the Senate on Thursday, 27th July, 2023 and that pursuant to Section 17 (7) of the Public Finance Management Act and Standing Order 189 (3), the Senate approves the County Governments (Equitable Share) Cash Disbursement Schedule for Financial year 2023/2024.

1. 10. *THE KONZA TECHNOPOLIS BILL (SENATE BILLS NO. 2 OF 2023)

(Sen. Gloria Orwoba, MP)

(Second Reading)

(Resumption of debate interrupted on Thursday, 20th July, 2023) (Division)

1. 11. *THE PERSONS WITH DISABILITIES BILL (SENATE BILLS NO. 7 OF

2023)

(Sen. Crystal Asige, MP) (Second Reading)

(Resumption of debate interrupted on Thursday, 20th July, 2023) (Division)

1. 12. *THE COUNTY LICENSING (UNIFORM PROCEDURE) BILL (SENATE

BILLS NO. 9 OF 2022)

(Sen. Mariam Sheikh Omar, MP)

(Second Reading)

(Resumption of debate interrupted on Wednesday, 26th July, 2023 – Afternoon Sitting) (Division)

……………/Bills

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1. 13. COMMITTEE OF THE WHOLE

*THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE BILLS

NO. 6 OF 2022)

(Sen. Danson Mungatana, MP)

(Resumption of debate interrupted on Wednesday, 7th June, 2023 – Afternoon Sitting) (Division)

1. 14. COMMITTEE OF THE WHOLE

*THE COTTON INDUSTRY DEVELOPMENT BILL (SENATE BILLS

NO. 5 OF 2023)

(Sen. Beth Syengo, MP)

(Resumption of debate interrupted on Wednesday, 21st June, 2023 – Afternoon Sitting) (Division)

1. 15. COMMITTEE OF THE WHOLE

*THE EMPLOYMENT (AMENDMENT) BILL (SENATE BILLS NO. 11 OF

2022) (Sen. Samson Cherarkey, MP)

(Resumption of debate interrupted on Wednesday, 21st June, 2023 – Afternoon Sitting) (Division)

1. 16. **THE EQUALIZATION FUND (ADMINISTRATION) BILL (SENATE BILLS

NO. 14 OF 2023)

(The Chairperson, Standing Committee on Finance and Budget)

(Second Reading) (Resumption of debate interrupted on Thursday, 27th July, 2023)

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

(Sen. Wakili Hillary Sigei, MP)

(Second Reading)

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

(Sen. Moses Kajwang’ MP)

(Second Reading)

……………/Bills

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1. 19. **THE HERITAGE AND MUSEUMS BILL (SENATE BILLS NO. 8 OF

2023) (The Chairperson, Standing Committee on Labour and Social Welfare)

(Second Reading)

1. 20. *THE KENYAN SIGN LANGUAGE BILL (SENATE BILLS NO. 9 OF 2023)

(Sen. (Prof.) Margaret Kamar, MP and Sen. Crystal Asige, MP)

(Second Reading)

1. 21. MOTION - REPORT OF THE 146TH ASSEMBLY OF THE INTER –

PARLIAMENTARY UNION (IPU) AND RELATED MEETINGS HELD IN

MANAMA, KINGDOM OF BAHRAIN FROM 11TH TO 15TH MARCH,

2023. (Sen. Kathuri Murungi, MP)

THAT, the Senate notes the Report of the 146th Assembly of the Inter-Parliamentary Union (IPU) and Related Meetings, held in Manama, Kingdom of Bahrain, from 11th to 15th March, 2023, laid on the Table of the Senate on Tuesday 2nd May, 2023.

1. 22. MOTION - REPOSSESSION OF MOVABLE ASSETS BY LENDING

INSTITUTIONS DUE TO NON-PERFORMING LOANS

(Sen. Wahome Wamatinga, MP)

THAT AWARE THAT the high unemployment rate in Kenya has pushed many Kenyans to seek loans from Saccos, Microfinance Institutions and Banks to start Small and Medium Enterprises (SMEs) to sustain their livelihoods;

NOTING THAT the youth in particular have invested in movable assets, including vehicles and motorcycles, to start business in the transport industry and most of them have signed up to the ride hailing apps including but not limited to Uber, Taxify, Bolt and Little cab;

COGNIZANT THAT the Banking Act 2015 CAP 488 does not provide for renegotiation on the loan repayment agreement whenever the business environment becomes unfavorable as a result of the high cost of living, lowered earnings from the App providers and high interest rates;

NOW THEREFORE the Senate urges the National Treasury and Economic Planning to come up with a policy framework to review the Banking Act in order to renegotiate the repayment terms of the loans and provide cushion for Kenyans with non-performing loans and prevent the loss of their movable assets. ……………/Motion

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1. 23. MOTION

-

INTEGRATION

OF

ETHNIC

MINORITIES

AND

MARGINALIZED COMMUNITIES IN KENYA

(Sen. William Cheptumo, MP)

AWARE THAT, Kenya is a multi-ethnic country with a rich diversity of cultures, languages and traditions;

FURTHER AWARE THAT, ethnic minorities and marginalized communities face significant social, economic and political challenges including discrimination, marginalization and exclusion;

ACKNOWLEDGING THAT Articles 10 (2)b, 21(3), 27, 56, 91(1)(e), 100, 174(e), 177(1) (c),204(3)(b),216(4) and the Fifth Schedule to the Constitution of Kenya obligate the state to promote and protect the welfare of ethnic minorities and marginalized communities;

APPRECIATING THAT, the Government has put in place policies, legal and institutional frameworks including affirmative action programs to address the needs of other special interest groups namely children, persons with disabilities (PWDS), youth, women and the elderly;

CONCERNED THAT, ethnic minorities and marginalized communities remain largely unaddressed through similar interventions due to lack of an existing national policy and legislative framework;

NOW THEREFORE the Senate resolves that the Ministry of Public Service, Gender and Affirmative Action, the National Gender and Equality Commission and any other relevant state departments in collaboration with the Council of Governors:-

i.) Initiate measures to identify and address the specific needs and challenges faced by ethnic minorities and marginalized communities in Kenya; and

ii.) Develop and implement national policy and legislative framework for the integration of ethnic minorities and marginalized communities in Kenya as envisaged in the Constitution of Kenya.

----------

………………/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 NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE BILLS NO.

6 OF 2022)

(Sen. Danson Mungatana, MP)

NOTICE is given that the Chairperson to the Standing Committee on Land, Environment and Natural Resources, intends to move the following amendments to the Natural Resources (Benefit Sharing) Bill 2022, (Senate Bills No. 6 of 2022), at the Committee Stage—

CLAUSE 3

THAT clause 3 of the Bill be amended by— (a) deleting paragraph (b) and substituting therefor the following new paragraph (b) — (b) surface and underground water; (b) inserting the following new paragraphs immediately after paragraph (f) — (g) geothermal resources; (h) minerals; and (i) petroleum.

CLAUSE 4

THAT clause 4 of the Bill be amended by inserting the following new paragraph immediately after paragraph (f)— (g) environmental protection and restoration.

CLAUSE 5

THAT the Bill be amended by deleting clause 5 and substituting therefore the following New Clause-

PART II – ESTABLISHMENT AND MANAGEMENT OF THE BENEFIT

SHARING AUTHORITY

Establishment of the Benefit Sharing Authority.

1. 5. (1) There is established the Benefit Sharing

Authority. (2) The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of— ………………/Notice of Amendments

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(a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; (c) borrowing or lending money; and (d) doing or performing such other things or acts for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate.

CLAUSE 6

THAT clause 6 of the Bill be amended— (a) in subclause (1) by— (i) deleting the word “Commission” appearing immediately after the word “The” and substituting therefor the word “Authority”; and (ii) inserting the words “and upon conducting public participation” immediately after the words “national government entities”; (b) in subclause (3) by deleting the words “payments or benefit sharing” appearing immediately after the words “the royalty, fees,” and substituting therefor the words “or payments”; and (c) in subclause (4) by— (i) deleting the word “Commission” appearing immediately after the word “The” and substituting therefor the word “Authority”; and (ii) deleting the words “or any other written law” appearing immediately after the words “to this Act”.

CLAUSE 7

THAT clause 7 of the Bill be amended— (a) deleting subclause (2) and substituting therefor the following new subclause—

………………/Notice of Amendments

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(2) The Kenya Revenue Authority shall declare and pay monies collected under subclause (1) to the Consolidated Fund by the fifth day of every month. (b) in subclause (4) by deleting the word “Commission” appearing immediately after the words “account to the” and substituting therefor the word “Authority”; and (c) inserting the following new subclauses immediately after subclause (4)— (5) The Authority shall submit to the respective county government declarations received from the Kenya Revenue Authority under subsection (4) at least once every quarter. (6) The county executive committee member in the respective county shall submit to the respective local community declarations received from the Authority under subsection (5) within twenty one days of receipt.

CLAUSE 8

THAT clause 8 of the Bill be amended— (a) by deleting subclause (1) and substituting therefor the following new subclause — (1) The revenue collected under this Act shall, subject to subsection (3), be shared between the National Government and respective county governments in the ratio of sixty per cent to the National Government and forty per cent to the county governments. (b) by deleting subclause (2); (c) in subclause (3) by— (i) deleting the word “forty” appearing immediately after the words “At least” and substituting therefor the word “sixty”; and (ii) deleting the word “sixty” appearing immediately after the words “community projects and” and substituting therefor the word “forty”; (d) in subclause (4) by deleting the word “Commission” appearing immediately after the words “more counties the” and substituting therefor the word “Authority”;

………………/Notice of Amendments

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(e) in subclause (5) by deleting the word “Commission” appearing immediately after the words “subsection (4) the” in the introductory clause and substituting therefor the word “Authority; and (f) in subclause (6) by deleting the word “Commission” appearing immediately after the word “The” and substituting therefor the word “Authority”.

CLAUSE 10

THAT clause 10 of the Bill be amended— (a) in subclause (2) by deleting paragraph (b) and substituting therefor the following new paragraph (b)— (b) the county executive committee member responsible for matters relating to natural resources; (b) in subclause (3) by inserting the words “be appointed by the county governor and” immediately after the words “subsection (2)(d) shall”; and (c) by inserting the following new subclause immediately after subclause (5)— (5A) The county chief officer responsible for matters relating natural resources shall serve as the secretary to the County Benefit Sharing Committee.

CLAUSE 11

THAT clause 11 of the Bill be amended in paragraph (a) by inserting the words “in consultation with the respective local community and upon conducting public participation” before the words “negotiate the terms”.

CLAUSE 12

THAT clause 12 of the Bill be amended in subclause (2) by deleting the word “Commission” appearing immediately after the words “deposited with the” and substituting therefor the word “Authority”.

CLAUSE 13

THAT clause 13 of the Bill be amended in subclause (3) by inserting the words “be appointed by the respective county executive committee member responsible for matters relating to natural resources and” immediately after the words “sharing forum shall”. ………………/Notice of Amendments

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CLAUSE 14

THAT the Bill be amended by deleting clause 14 and substituting therefor the following new clause—

Funds of the Authority.

1. 14. The funds of the Authority shall consist of—

(a) such monies or assets as may accrue to or vest in the Authority in the course of the exercise of its powers or the performance of its functions under this Act; (b) such money as may be provided by the National Assembly for defraying expenses incurred in the implementation of this Act; (c) all monies from any other source provided for or donated or lent to the Authority; and (d) such other monies that may lawfully accrue in the discharge of functions of the Authority under this Act.

CLAUSE 16

THAT clause 16 of the Bill be amended in subclause (1) by deleting the word “Commission” appearing immediately after the words “furnished to the” in paragraph (a) and substituting therefor the word “Authority”.

CLAUSE 17

THAT the Bill be amended by deleting clause 17 and substituting therefor the following new clause 17— Transitional provisions.

1. 17. (1) An affected entity that, immediately before

the commencement of this Act, was lawfully authorised to exploit a natural resource under this Act shall be deemed to be authorised to conduct such exploitation under this Act. (2) Despite subsection (1), an affected entity shall comply with the provisions of this Act within two years of the commencement of the Act.

CLAUSE 18

THAT clause 18 of the Bill be amended in subclause (1) by inserting the words “in consultation with the Authority and the Council of County Governors” immediately after the words “Cabinet Secretary may”.

………………/Notice of Amendments

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CLAUSE 19

THAT the Bill be amended by deleting clause 19 and substituting therefor the following new clause 19— Amendment to section 183 of Act No. 12 of 2016.

1. 19. Section 183 of the Mining Act is amended by

deleting subsection (5) and substituting therefor the following new subsection (5)— (5) The royalty received by the State under this section shall be paid into the Consolidated Fund and apportioned in accordance with section 8 of the Natural Resources (Benefit Sharing) Act.

NEW CLAUSES

THAT the Bill be amended by inserting the following New Clauses immediately after clause 5—

Functions of the Authority. 5A. (1) The functions of the Authority shall be to to— (a) coordinate the preparation of benefit sharing agreements between an affected county and an affected entity; (b) review, and where appropriate, determine the royalties payable by an affected entity engaged in natural resource exploitation; (c) identify counties that are required to enter into a benefit sharing agreement under this Act in consultation with the respective county governments; (d) oversee the administration of funds set aside for community projects to be implemented under a benefit sharing agreement; (e) facilitate and monitor the implementation of a benefit sharing agreement entered into between a county government and an affected entity; ………………/Notice of Amendments

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(f) conduct research regarding the exploitation and development of natural resource and benefit sharing in Kenya; (g) determine appeals arising out of conflicts regarding the preparation and implementation of benefit sharing agreements; (h) advise the national government on policy and the enactment of legislation relating to benefit sharing in resource exploitation; (i) oversee the establishment of benefit sharing committees and forums established under this Act; (j) ensure the proper and timely payment of funds to counties and local communities as provided under this Act; (k) build the capacity of local communities in negotiations for benefit sharing and implementation of related projects; (l) prepare national guidelines on benefit sharing in consultation with the relevant stakeholders; (m) identify, in consultation with sector specific organizations, incentives and benefits to promote the conservation of natural resources; (n) promote value addition in natural resources; (o) promote local content initiatives on the exploration and exploitation of natural resources under this Act; and (p) promote the restoration of the environment after the exploitation of a natural resource in an affected county. (2) The Authority may, in furtherance of its functions, collaborate with such other bodies or organizations within or outside Kenya as it may consider necessary for the better performance of its functions under this Act. ………………/Notice of Amendments

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(3) The Authority shall have regard to the following in the performance of its functions— (a) all existing law regulating the natural resources sector in Kenya; (b) all existing arrangements for benefit sharing between local communities and an affected entity under any law in Kenya; and (c) obligations imposed on Kenya under any international treaty or agreement relating to the exploitation of natural resources.

Board of the Authority. 5B. (1) The management of the Authority shall vest in a Board which shall consist of— (a) a chairperson appointed by the President with the approval of Parliament; (b) the Principal Secretary responsible for finance or a designated representative; (c) the Principal Secretary responsible for mining or a designated representative; (d) the Principal Secretary responsible for petroleum or a designated representative; (e) the Principal Secretary responsible for energy or a designated representative; (f) two persons of opposite gender nominated by the Council of County Governors to represent such communities as the council shall determine; (g) one person nominated by a registered association representing a majority of members of county assemblies to represent local communities; (h) one person nominated by an umbrella body representing the interests of the private sector in Kenya; and

………………/Notice of Amendments

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(i) the Director-General appointed by the Board in accordance with section 5K. (2) The chairperson shall be competitively recruited by the Public Service Commission and appointed by the President by notice in the Gazette. (3) The Cabinet Secretary shall, with the approval of Parliament, appoint the persons nominated under subsection (1)(f), (g) and (h) by notice in the Gazette. (4) In nominating and appointing persons as members of the Board, the nominating authorities and the Cabinet Secretary shall— (a) have regard to— (i) the principles of non- discrimination on the basis of gender, disability, youth and marginalized persons under the Constitution; and (ii) the requirements of chapter six of the Constitution; and (b) ensure that the nominations reflect the regional diversity of the people of Kenya.

Tenure of office. 5C. (1) The members of the Board other than the Director-General shall— (a) hold office for a term of three years and shall be eligible for reappointment for one further term; and (b) serve on a part-time basis. (2) Paragraph (1)(a) shall not apply to principal secretaries who serve as members of the board.

Qualifications for appointment. 5D. A person is qualified for appointment as the chairperson or a member of the Board under section 5B(1) (f), (g) and (h) if that person— (a) holds a degree from a university recognised in Kenya; and ………………/Notice of Amendments

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(b) has knowledge and at least seven years’ experience in— (i) law; (ii) environmental management; (iii) economics; (iv) public finance; (v) mining; (vi) community development; or (vii) any other related field.

Vacation of office. 5E. The office of the chairperson or a member of the Board appointed under section 5B(1)(f), (g) and (h) shall become vacant if the chairperson or member— (a) is unable to perform the functions of the office by reason of mental or physical incapacity; (b) is otherwise unable or unfit to continue serving as the chairperson or member of the Board; (c) is adjudged bankrupt; (d) is convicted of a criminal offence and sentenced to a term of imprisonment of not less than six months; (e) is absent, without reasonable cause, from three consecutive meetings of the Board; (f) resigns in writing addressed, in the case of the chairperson, to the President and in the case of a member appointed under section 5B(1) (f), (g) or (h), to the Cabinet Secretary; (g) fails to declare their interest in any matter being considered by the Board; or (h) dies

………………/Notice of Amendments

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Powers of the Board. 5F. (1) The Board shall have all the powers necessary for the performance of the functions of the Authority under this Act and in particular, but without prejudice to the generality of the foregoing, the Board shall have the power to— (a) enter into contracts; (b) manage, control and administer the assets of the Authority in such manner and for such purposes as best promote the purposes for which the Authority is established; (c) receive any gifts, grants, donations or endowments made to the Authority or any other monies in respect of the Authority and make disbursements therefrom in accordance with the provisions of this Act; (d) require from any person such information as it considers necessary for the performance of its functions under this Act; and (e) open and operate a bank account for the funds of the Authority into which all moneys received by the Authority shall be paid in the first instance and out of which all payments made by the Authority shall be made.

(2) The Board shall consult the respective Cabinet Secretary responsible for an affected natural resource in carrying out its functions under this Act.

Committees of the Board. 5G. (1) The Board may establish such committees as it may consider necessary for the performance of its functions and the exercise of its powers under this Act.

(2) The Board may invite any person whose knowledge and skills are found necessary for the performance of its functions to sit in any committee established under subsection (1).

………………/Notice of Amendments

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Power to delegate. 5H. The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Authority the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

Remuneration and allowances. 5I. The remuneration, allowances, expenses and other emoluments of members and staff of the Authority shall be determined by the Salaries and Remuneration Commission.

Conduct of business and affairs of the Board. 5J. The Board shall conduct its affairs in accordance with the provisions of the Schedule.

Director- General. 5K. (1) There shall be a Director-General of the Authority who shall be competitively recruited and appointed by the Board on such terms and conditions as the Board shall determine.

(2) A person qualifies for appointment as a Director–General under subsection (1) if such person — (a) holds a degree from a university recognized in Kenya; and (b) has knowledge and at least ten years’ experience in — (i) law; (ii) environmental management; (iii) economics; (iv) public finance; (v) mining; (vi) community development; or (vii) in any other related field.

(1) The Director-General shall be an ex-officio member of the Board and shall have no right to vote at any meeting of the Board.

………………/Notice of Amendments

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Tenure of office of the Director- General. 5L. The Director-General shall be appointed for a term of four years and shall be eligible for reappointment for one further term.

Functions of the Director- General. 5M. (1) The Director-General shall be the chief executive officer of the Authority and secretary to the Board.

(2) The Director-General shall, for the effective performance of the functions under this Act and subject to the direction of the Board, — (a) be responsible for the day-to-day management of the Authority; (b) manage the funds, property and affairs of the Authority; (c) be responsible for the management of the staff of the Authority; (d) cause to be prepared for the approval of the Board— (i) the strategic plan and annual plan of the Authority; and (ii) the annual budget and audited accounts of the Authority; and (e) perform such other duties as may be assigned by the Board.

Tenure of office of the Director- General. 5N. The Board may terminate the appointment of the Director-General in accordance with the terms and conditions of service for— (a) inability to perform the functions of the office arising out of physical or mental incapacity; (b) gross misconduct or misbehaviour; (c) incompetence or neglect of duty; or (d) any other ground that would justify removal from office under the terms and conditions of service

………………/Notice of Amendments

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Common seal of the Authority. 5O. (1) The common seal of the Authority shall be kept in the custody of the Director-General or such other person as the Board may direct and shall not be used except with the express authority and direction of the Board.

(2) The common seal of the Authority shall be authenticated by the signature of the chairperson and the Director-General of the Board or in the absence of either person, such other member of the Board who shall be designated by the Board for that purpose.

(3) The common seal of the Authority shall, when affixed to a document and authenticated, be judicially and officially noticed and unless the contrary is proved, any order or authorization by the Board under this section shall be presumed to have been duly given.

Staff of the Authority. 5P. (1) The Board may employ such officers, agents and staff as are necessary for the proper and efficient discharge of the functions of the Authority under this Act.

(2) The staff employed under subsection (1) shall serve on such terms and conditions as the Board may, subject to section 5I, determine.

Protection from personal liability. 5Q. No matter or thing done by a member of the Board or by any officer, employee or agent of the Authority shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Authority under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand.

Liability of the Authority to damages. 5R. Section 5Q shall not relieve the Authority of liability to pay compensation or damages to any person for any injury to them, their property or any of their interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, whether wholly or partially, of any works.

………………/Notice of Amendments

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NEW CLAUSES

THAT the Bill be amended by inserting the following clauses immediately after clause 14—

Financial year. 14A. The financial year of the Authority shall be the period of twelve months ending on thirtieth June in each year.

Accounts.

No. 34 of 2015. 14B. (1) The Authority shall cause to be kept all proper books and records of account of the income, expenditure and assets of the Authority.

(2) Within three months of the end of each financial year, the Authority shall submit to the Auditor-General, the accounts of the Authority together with— (a) a statement of the income and expenditure of the Authority during that financial year; and (b) a statement of the assets and liabilities of the Authority as at the last day of that year.

(3) The accounts of the Authority shall be audited and reported upon in accordance with the Public Audit Act.

(4) The Authority may establish, control, manage, maintain and contribute to pension and provident funds for the benefit of employees of the Authority and may grant pensions and gratuities from any such fund to the said employees upon their resignation, retirement or separation from the service of the Authority or, as the case may be, to the dependants of any such employee upon such employee’s death.

Annual Report. 14C. (1) Within three months of the end of each financial year, the Authority shall submit— (a) to the Auditor-General, the accounts of the Authority in respect of that year together with— (i) a statement of the income and expenditure of the Authority during that year; and

………………/Notice of Amendments

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(ii) a statement of the assets and liabilities of the Authority as at the last day of that financial year; and (b) to the President and Parliament, an annual report in respect of that year containing— (i) the financial statements of the Authority including— (A) a statement of the income and expenditure of the Authority during that year; and (B) a statement of the assets and liabilities of the Authority as at the last day of that financial year; (ii) a list of institutions contributing to benefit sharing under this Act, the proportion of benefit and the local community that benefited; (iii)the total sums contributed towards benefit sharing and its distribution; (iv) the progress made in the implementation of the Authority’s functions; and (v) any other information that the Authority may consider necessary.

(2) The Authority shall publish the annual report in the Gazette and in at least one newspaper of national circulation.

NEW CLAUSES

THAT the Bill be amended by inserting the following new clauses immediately after clause 19— Amendment to section 7 of Act No. 47 of 2013.

1. 20. Section 76 of the Wildlife Conservation and

Management Act is amended by— (a) deleting subsection (1) and substituting therefor the following new subsection — (1) The revenue received by the National Government under this Act shall be paid into the National Treasury and apportioned in accordance with section 8 of the Natural Resources (Benefit Sharing) Act. ………………/Notice of Amendments

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(b) deleting subsection (2); (c) deleting subsection (3); and (d) deleting subsection (4).

Amendment to section 85 of Act No. 1 of 2019.

1. 21. Section 85 of the Energy Act is amended by—

(a) deleting subsection (3) and substituting therefor the following new subsection (3)— (3) The royalty received by the National Government under this section shall be paid into the National Treasury and apportioned in accordance with section 8 of the Natural Resources (Benefit Sharing) Act.

(b) deleting subsection (4).

Amendment to section 58 of Act No. 2 of 2019.

1. 22. The Petroleum Act is amended by deleting

section 58 and substituting therefor the following new section 58—

Sharing o petroleum resource

1. 58. The National Government’s share of the

profits derived from upstream petroleum under section 57 shall be apportioned in accordance with section 8 of the Natural Resources (Benefit Sharing) Act.

NEW SCHEDULE

THAT the Bill be amended by inserting the following new Schedule—

SCHEDULE

(s.5J)

PROVISIONS AS TO THE CONDUCT OF BUSINESS AND

AFFAIRS OF THE BOARD OF THE BENEFIT SHARING

AUTHORITY

Meetings of the Board.

1. 1. (1) The Board shall meet at least once in every

three months to conduct the business of the Board of the Authority. ………………/Notice of Amendments

(No. 067) TUESDAY, AUGUST 01, 2023 (1291)

(2) The first meeting of the Board shall be convened by the chairperson and the Board shall meet subsequently at such a time and place as it shall determine. (3) Notwithstanding the provisions of subparagraph (1), the chairperson shall, upon a written request by at least five members of the Board or at any time where he or she considers it expedient for the transaction of the business of the Authority, convene a special meeting of the Board. (4) The members of the Board shall elect a vice- chairperson from among themselves— (a) at the first sitting of the Board; and (b) whenever it is necessary to fill the vacancy in the office of the vice-chairperson. (5) A meeting shall be presided over by the chairperson or in her or his absence by the vice- chairperson. (6) Unless three quarters of the total number of the members of the Board otherwise agree, at least five days written notice of every meeting of the Board shall be given to every member of the Board by the Director-General. (7) The Board may invite any person to attend any of its meetings and to participate in its deliberations, but such person shall not have a vote in any decision of the Board.

(8) The proceedings of the Board shall not be invalidated by reason of a vacancy within its membership.

Quorum.

1. 2. (1) Subject to subparagraph (2), the quorum of

a meeting of the Board shall be not less than half of the appointed members. (2) Where there is a vacancy in the Board, the quorum of the meeting shall be not less than three appointed members.

………………/Notice of Amendments

(No. 067) TUESDAY, AUGUST 01, 2023 (1292)

Voting.

1. 3. Unless a unanimous decision is reached, a

decision on any matter before the Board shall be by a simple majority of the votes of the members present and voting and in the case of an equality of votes, the chairperson or person presiding over the meeting shall have a casting vote.

Conflict of interest.

1. 4. (1) A member of the Board who has a direct or

indirect personal interest in any matter being considered or to be considered by the Board shall, upon the relevant facts concerning the matter having come to their knowledge, disclose the nature of their interest to the Board. (2) A disclosure of interest made by a member of the Board under subparagraph (1) shall be recorded in the minutes of the meeting of the Board and the member shall not, unless the Board otherwise determines— (a) be present during the deliberation on the matter by the Board; or (b) take part in the decision of the Board on the matter. (3) A member of the Board who makes a disclosure under subparagraph (1) shall not— (a) be present in the meeting of the Board held to determine whether or not the member should take part in the deliberations or decision of the Board in relation to the matter; or

(b) influence any other member of the Board in arriving at a particular decision in relation to the matter. (4) A member or staff of the Authority shall not transact any business or trade with the Authority.

Rules of Procedure and minutes.

1. 1. (1) Subject to provisions of this Schedule, the

Board may determine its own procedure and the procedure for any committee of the Board.

………………/Notice of Amendments

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(2) The Board shall cause the minutes of all proceedings of its meetings to be recorded and kept, and the minutes of each meeting shall be confirmed by the Board at the next meeting of the Board and signed by the chairperson or the person presiding at the meeting.

CLAUSE 2

THAT clause 2 of the Bill be amended by— a) deleting the definitions of the terms— (i) Commission; (ii) fund; (iii) futures fund; (iv) natural resources fund; and (v) sovereign wealth fund; b) inserting the following new definitions in the proper alphabetical sequence— “Authority” means the Benefit Sharing Authority established under section 5; “Board” means Board of the Benefit Sharing Authority constituted under section 5B; and “Director-General” means Director-General of the Benefit Sharing Authority appointed under section 5K(1).

………………/Notice of Amendments

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B. *THE COTTON INDUSTRY DEVELOPMENT BILL (SENATE BILLS NO.

5 OF 2023)

(Sen. Beth Syengo, MP) NOTICE is given that the Chairperson, Standing Committee on Agriculture, Livestock and Fisheries intends to move the following amendments to the Cotton Industry Development Bill (Senate Bills No. 5 of 2023) at the Committee Stage—

CLAUSE 7

THAT clause 7 of the Bill be amended—

a) in subclause (1) by—

i. inserting the following new paragraph immediately after paragraph (b)—

(ba) the Principal Secretary responsible for matters relating to trade.

ii. deleting paragraph (d) and substituting therefor the following new paragraph— (d) one person with knowledge of the cotton industry nominated by the Council of County governors; iii. inserting the following new paragraph immediately after paragraph (d) — (da) one person representing ginners nominated by the apex association of ginners;

CLAUSE 11

THAT clause 11 of the Bill be amended in subclause (1) by inserting the following new paragraphs immediately after paragraph (n)—

(na) carry out periodic research to determine and make recommendation on fair prices for cotton; (nb) undertake research and develop suitable affordable cotton seeds in consultation with the National Biosafety Authority and other research institutions; (nc) in collaboration with the Agricultural Development Corporation and other relevant government agencies — (i). provide affordable equipment, farm inputs including seeds, fertilizers and pesticides to the growers; and (ii). design affordable crop insurance models.

………………/Notice of Amendments

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CLAUSE 23

THAT clause 23 of the Bill be amended — a) in subclause (1) by deleting paragraph (d); b) in subclause (2) by inserting the following new paragraphs immediately after paragraph (k) — (ka) monitor and provide technical support for the eradication of noxious and invasive weeds and report any incidences to the Board.; (kb) establish cotton aggregation centres in collaboration with the national government; (kc) establish cotton collection centres and storage facilities; (kd) put in place programs for provision of farm machinery; and (ke) provide affordable farm-inputs including quality seeds, fertilizer and other planting materials.

c) by inserting the following subclause immediately after subclause (2) — (3) The county executive committee member responsible for finance may from time to time implement such measures, including incentives in order to promote the development of the cotton industry.

CLAUSE 24

THAT clause 24 of the Bill be amended by inserting the following new subclauses immediately after subclause (1) —

(1A) Notwithstanding subsection (1), a grower who is a registered member of a cooperative society or cotton association which is registered by a county government, shall be exempted from registration by that county government. (1B)Subsection (1A) shall apply to a grower on condition that the cooperative society or cotton association is registered in the same county as that which the grower is carrying out business. (1C) A registered cooperative society or cotton association shall- (a) submit a register of its members to the respective county government at the beginning of each calendar year; and

………………/Notice of Amendments

(No. 067) TUESDAY, AUGUST 01, 2023 (1296)

(b) furnish the county government with information on any change of membership within 14 days of a change of membership.

CLAUSE 25

THAT clause 25 of the Bill be amended in—

a) subclause (1) by deleting the words “manufacture or processing of cotton products” appearing immediately after the words “engage in the “and substituting therefor the word “business of cotton ginning, spinning or value addition” b) Subclause (2) by deleting the words “manufacture or process cotton products” appearing immediately after the words “who intends to” and substituting therefor the words “engage in the business of cotton ginning, spinning or value addition”.

CLAUSE 32

THAT clause 32 of the Bill be amended in i. subclause (1) by deleting the word “products” appearing immediately after the words “seed or cotton “and substituting therefor the words “or cotton by-products”; ii. subclause (2) by deleting the word “products” appearing immediately after the words “or process cotton “and substituting therefor the words “ or cotton by-products”;

NEW CLAUSE 23A

THAT the Bill be amended by inserting the following new clause immediately after clause 23—

County Cotton Development Committee 23A. (1) Each county executive committee member in the cotton growing counties listed in the Second Schedule shall establish a Cotton Development Committee for the better carrying out of the functions under this Act. (2) The committee shall comprise representatives of the county government, growers, ginners and any other relevant stakeholder from the county that the county executive committee member shall deem fit. (3) The function of the committee shall be to advise the county executive committee member on matters affecting the cotton industry. ………………/Notice of Amendments

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(4) The committee shall comprise of not more than nine (9) members. (5) The respective county executive committee member shall appoint chairperson and members to the board. (6) The term of service of the members shall be 3 years renewable once. (7) The respective county executive committee member shall prescribe, in regulations, the conduct of business and affairs of the committee.

NEW HEADING

THAT the Bill be amended by inserting the following new heading immediately after clause 48—

PART VII— TRANSITIONAL PROVISIONS.

NEW CLAUSES

That the Bill be amended by inserting the following new clauses immediately after clause 48—

Interpretation. 49. In this Part— “appointed day” means the day this Act comes into force. Rights and obligations. 50. On the appointed day, all rights, obligations and contracts which, immediately before the coming into operation of this Act, were vested in or imposed on the Agriculture and Food Authority with respect to the cotton sector shall by virtue of this section, be deemed to be the rights, obligations and contracts of the Board as the case may be. Assets. 51. On the appointed day, all funds, assets, and other property, moveable and immovable which were immediately before the appointed day vested in Agriculture and Food Authority for the carrying out of functions relating to cotton, shall vest in the Board.

………………/Notice of Amendments

(No. 067) TUESDAY, AUGUST 01, 2023 (1298)

Legal proceedings

1. 52. On the appointed day, all actions, suits or

legal proceedings pending by or against the Agriculture and Food Authority in relation to the cotton sector shall be carried on or prosecuted by or against the Board, and no action, suit or legal proceedings shall in any manner abate or be prejudicially affected by the enactment of this Act. Reference to written laws.

1. 53. Any reference to the Agriculture and Food

Authority in any written law or in any contract, document or instrument of whatever nature, in relation to cotton, shall, on the appointed day, be read and construed as a reference to the Board. Previous authorizations.

1. 54. All directions, orders and authorizations

given, or licenses or permits issued, or registrations made by the Agriculture and Food Authority in relation to cotton, and subsisting or valid immediately before the appointed day, shall be deemed to have been given, issued or made by the Authority as the case may be, under this Act.

Staff.

1. 55. Any person who, at the commencement of this

Act, is a member of staff of the Agriculture and Food Authority dealing with the cotton sector shall, on the appointed day, become a member of staff of the Board.

………………/Appendix

CLAUSE 2

THAT clause 2 of the Bill be amended by inserting the following definitions immediately after — a) the definition of “chief executive officer” — “Cotton industry” includes growers, ginners, spinners and cotton value addition industries.

b) the definition of “cotton seed” “Council of County Governors” means the Council of County Governors established under section 19 of the Intergovernmental Relations Act.

(No. 067) TUESDAY, AUGUST 01, 2023 (1299)

APPENDIX

1. 1. PAPER

Report of the Second Ordinary Session of the 6th Pan-African Parliament (PAP) held in Midrand South Africa from 15th May to 2nd June, 2023.

(Sen. Danson Mungatana, MP)

1. 2. NOTICE OF MOTION – REPORT OF THE SECOND ORDINARY SESSION

OF THE 6TH PAN-AFRICAN PARLIAMENT (PAP) HELD IN MIDRAND

SOUTH AFRICA FROM 15TH MAY TO 2ND JUNE, 2023

(Sen. Danson Mungatana, MP)

THAT, the Senate adopts the Report of the Second Ordinary Session of the 6th Pan-African Parliament (PAP) held in Midrand South Africa from 15th May to 2nd June, 2023 laid on the Table of the Senate, today, Tuesday, 1st August, 2023.

1. 3. QUESTIONS AND STATEMENTS

STATEMENTS

a) Statements pursuant to Standing Order 52(1)

Nominated Senator (Sen. Hezena Lemaletian, MP) to make a statement regarding the incessant suppression and clawback of democracy in Kenya.

b) Statements pursuant to Standing Order 53(1)

i.) Nominated Senator (Sen. Hamida Kibwana, MP) to seek a statement from the Standing Committee on Health concerning the status of the Universal Health Coverage (UHC) rollout in the country.

ii.) Seneta wa Kaunti ya Mombasa (Sen. Mohammed Faki, MP) kuomba Kauli kutoka kwa Kamati ya Kudumu ya Barabara, Uchukuzi na Makao kuhusu kuzorota kwa miundombinu na huduma katika jengo la ‘Bima Towers’ katika Kaunti ya Mombasa.

iii.) The Senator for Taita Taveta County (Sen. Johnes Mwaruma, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources concerning mining in Kishushe area of Taita Taveta County. ………………/Appendix

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iv.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee on Energy concerning the status of electricity connection in Marsabit County.

v.) 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 provision of agricultural extension services in Kisumu County.

vi.) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, MP) to seek a statement from the Standing Committee on Education concerning Early Childhood Development Education (ECDE) in Kisumu County.

vii.) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, MP) to seek a statement from the Standing Committee on Finance and Budget concerning pending bills accrued by the county government of Kisumu.

viii.) Nominated Senator (Sen. Beatrice Ogola, MP) to seek a statement from the Standing Committee on Education concerning high rate of teenage pregnancies in Homa Bay County.

c) Pursuant to Standing Order 56(1) (b)

i.) The Chairperson, Standing Committee on Information, Communication and Technology to make a statement relating to the activities of the Committee for the period April to June, 2023.

ii.) The Chairperson, Standing Committee on Land, Environment and Natural Resources to make a statement relating to the activities of the Committee for the period April to June, 2023.

iii.) The Chairperson, Standing Committee on National Cohesion, Equal Opportunity and Regional Integration to make a statement relating to the activities of the Committee for the period April to June, 2023.

iv.) The Chairperson, Standing Committee on National Security, Defence and Foreign Relations to make a statement relating to the activities of the Committee for the period April to June, 2023. ---------

………………/Notice Paper I

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NOTICE PAPER I

Tentative Business for

Wednesday, August 02, 2023 (Morning 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, August 02, 2023 (Morning Sitting).

A. QUESTIONS

The following Parliamentary Questions have been scheduled by the Senate Business Committee for reply by the relevant Cabinet Secretaries on Wednesday, 2nd August, 2023, at 9:30 am:-

QUESTION NO. SENATOR

SUBJECT

MINISTRY

031 Sen. James Murango, MP Status of construction of canals and drains in Kirinyaga County

Water, Sanitation and Irrigation 042 Sen. James Murango, MP Delayed implementation of the Gakuyuini Irrigation Water Project Water, Sanitation and Irrigation 033 Sen. James Murango, MP Approval of land in Njukiini forest for wayleave and right-of-way for Ngariama- Njukiini Water projects Environment, Climate Change and Forestry 041 Sen. James Murango, MP Categorization of Mwea Constituency as a hardship area Public Service, Gender and Affirmative Action

B. MOTIONS

i.)

DECLARATION OF CATTLE RUSTLING AS A NATIONAL DISASTER

AND ESTABLISHMENT OF A SPECIAL FUND FOR VICTIMS

(Sen. William Cheptumo, MP)

………………/Notice Paper I

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ii.)

DESIGNATION OF A MONTHLY CAR FREE DAY AND COUNTY CAR

FREE ZONES

(Sen. Crystal Asige, MP)

iii.)

DEVELOPMENT OF A POLICY AND LAW FOR SOCIAL RISK

MANAGEMENT IN INFRASTRUCTURE DEVELOPMENT PROJECTS

IN KENYA

(Sen. Catherine Mumma, MP)

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………………../Notice Paper II

(No. 067) TUESDAY, AUGUST 01, 2023 (1303)

NOTICE PAPER II

Tentative Business for

Wednesday, August 02, 2023 (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, August 02, 2023 (Afternoon Sitting).

A. BILLS AT COMMITTEE OF THE WHOLE

i.)

*THE LEARNERS WITH DISABILITIES BILL (SENATE BILLS NO. 4 OF

2023) (Sen. (Prof.) Margaret Kamar, MP and Sen. Crystal Asige, MP)

ii.)

*THE AGRICULTURAL AND LIVESTOCK EXTENSION SERVICES

BILL (SENATE BILLS NO. 12 OF 2022)

(Sen. Maureen Tabitha Mutinda, MP)

iii.)

*THE START-UP BILL (SENATE BILLS NO. 14 OF 2022)

(Sen. Crystal Asige, MP)

iv.)

*THE MUNG BEANS BILL (SENATE BILLS NO. 13 OF 2022)

(Sen. Enoch Wambua, MP)

B. BILLS AT THE SECOND READING STAGE

i.)

*THE PROMPT PAYMENT BILL (SENATE BILLS NO. 8 OF 2022)

(Division)

ii.)

**THE COFFEE BILL (SENATE BILLS NO. 10 OF 2023)

(Chairperson, Standing Committee on Agriculture, Livestock and Fisheries)

iii.)

*THE PREVENTION OF LIVESTOCK AND PRODUCE THEFT BILL

(SENATE BILLS NO.12 OF 2023)

(Sen. Samson Cherarkey, MP)

C. MOTIONS

i.)

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)

………………../Notice Paper II

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ii.)

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)

iii.)

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)

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