Tuesday, July 25, 2023 At 2.30 P.m.

Thirteenth Parliament

Second Session (No. 063) (1148)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE SENATE

ORDER PAPER

TUESDAY, JULY 25, 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
7. 7. Questions and Statements (as listed in the Appendix)
8. 8. *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. 9. *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. 10. COMMITTEE OF THE WHOLE

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

NO. 6 OF 2022)

(Sen. Danson Mungatana, MP)

……………./Bills

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

1. 11. 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. 12. 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. 13. *THE COUNTY LICENSING (UNIFORM PROCEDURE) BILL (SENATE

BILLS NO. 9 OF 2022)

(Sen. Mariam Sheikh Omar, MP)

(Second Reading)

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

(Sen. Wakili Hillary Sigei, MP)

(Second Reading)

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

(Sen. Moses Kajwang’ MP)

(Second Reading)

1. 16. 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. ……………./Motion

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1. 17. MOTION - INCORPORATION OF INTELLIGENT WATER MANAGEMENT

SYSTEMS IN BUILDING PLANS FOR SUSTAINABLE LIVING

(Sen. Wahome Wamatinga, MP)

THAT, AWARE THAT water is an essential yet scarce resource whose demand is increasing rapidly due to population growth, urbanization, and industrialization, and whose wastage has become an issue that needs to be addressed urgently owing to Kenya’s vulnerability to climate change;

NOTING THAT there is a growth in the number of buildings coming up to accommodate the rapidly growing population thereby posing a challenge to water management;

APPRECIATING THAT the incorporation of water management systems in building plans include a variety of techniques and technologies such as rainwater harvesting, waste water recycling, low-flow plumbing, and sensor systems that detect leaks and (de)activate water flow when necessary thereby optimizing the use of water by eliminating water overexploitation, waste water management, and pollution;

NOW THEREFORE the Senate urges the Ministry of Lands, Public Works, Housing and Urban Development in coordination with the Council of Governors and the National Environment Management Authority to:

i. incorporate into the building code and standards a requirement for intelligent water management systems in all building plans; and

ii. undertake a systematic nation-wide renovation to government- owned buildings to incorporate water management systems.

(Resumption of debate interrupted on Thursday, 20th July, 2023) (Mover to reply)

1. 18. 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; ……………./Motion

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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.

1. 19. MOTION - ARBITRARY ARRESTS OF KENYAN FISHERMEN BY

UGANDAN AUTHORITIES

(Sen. (Dr.) Oburu Oginga, MP)

THAT AWARE THAT the communities around the lake rely on fishing as their main economic activity, their source of food and employment;

CONCERNED THAT the fishermen have reported harassment from the Ugandan security personnel including arbitrary arrests and imposition of unreasonable fines;

FURTHER CONCERNED THAT in November, 2021 the Kenya International Boundaries office formed a Joint Committee with the Ugandan authorities that did not effectively delineate the boundaries that would have helped avoid conflict between the two Countries;

NOW THEREFORE the Senate resolves that-

a) the Ministry of Foreign and Diaspora Affairs in collaboration with the Ministry of East African Community (EAC), the ASALs and Regional Development engages the counterpart ministries in the Republic of Uganda to;

i) Fast-track the delineation of the Kenya-Uganda boundary;

ii) Develop measures to curb the arrests of Kenyan fishermen by Ugandan authorities;

iii) Institute a protocol for sustainable development of the Lake Victoria Basin on the sharing of resources between partner states; and

b) The Ministry of Interior and National Administration to deploy the Kenya Coast Guard in the territorial waters of Lake Victoria to enforce maritime security and safety.

……………./Motion

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1. 20. MOTION - REVIEW OF THE MINIMUM WAGE NECESSITATED BY HIGH

COST OF LIVING

(Sen. Karen Nyamu, MP)

THAT, AWARE THAT minimum wages in Kenya are specified as part of a national wage policy and guided by the Regulation of Wages and Conditions of Employment Act (CAP 229) aimed at reducing poverty as well as protecting and promoting the living standards of workers;

CONCERNED THAT, despite the increase in Kenya’s minimum wage in May 2022 by 12% to help workers cope with the surge in consumer prices, the current inflation rates have had a knock-on effect on the cost of living and doing business in the country with the prices of goods, household energy bills, and transport remaining stubbornly high;

NOW THEREFORE the Senate resolves that the Cabinet Secretary for Labour and Social Protection engages all stakeholders including the General Wages Advisory Board (GWAB) and the Agricultural Wages Advisory Board (AWAB) with a view of raising the minimum wage by at least 50% as from 1st 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

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………………/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.

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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

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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. 063) TUESDAY, JULY 25, 2023 (1171)

(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. 063) TUESDAY, JULY 25, 2023 (1172)

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

(No. 063) TUESDAY, JULY 25, 2023 (1173)

(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

(No. 063) TUESDAY, JULY 25, 2023 (1174)

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

(No. 063) TUESDAY, JULY 25, 2023 (1175)

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. 063) TUESDAY, JULY 25, 2023 (1176)

(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

(No. 063) TUESDAY, JULY 25, 2023 (1177)

(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. 063) TUESDAY, JULY 25, 2023 (1178)

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. 063) TUESDAY, JULY 25, 2023 (1179)

APPENDIX

1. 1. PAPER

Report of the Standing Committee on Finance and Budget on the Equalisation Fund (Administration) Bill (Senate Bills No. 14 of 2023).

(The Chairperson, Standing Committee on Finance and Budget)

1. 2. QUESTIONS AND STATEMENTS

STATEMENTS

a) Pursuant to Standing Order 52(1)

i.) Seneta wa Kaunti ya Mombasa (Sen. Mohammed Faki, MP) kutoa Kauli kuhusu siku ya Kimataifa ya Lugha ya Kiswahili duniani.

ii.) Seneta wa Kaunti ya Mombasa (Sen. Mohammed Faki, MP) kutoa Kauli kuhusu kuzorota kwa huduma za ‘Ferry’ katika Kivuko cha Likoni, Mombasa.

b) Pursuant to Standing Order 53(1)

i.) 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.

ii.) The Senator for Nandi County (Sen. Samson Cherarkey, MP) to seek a statement from the Standing Committee on Information, Communication and Technology concerning alleged breach of customer data at the Naivas Supermarket.

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

i.) The Chairperson, Standing Committee on Agriculture, Livestock and Fisheries to make a statement relating to the activities of the Committee for the period April to June, 2023.

ii.) The Chairperson, Standing Committee on Devolution and Intergovernmental Relations to make a statement relating to the activities of the Committee for the period April to June, 2023.

iii.) The Chairperson, Standing Committee on Education to make a statement relating to the activities of the Committee for the period April to June, 2023.

--------- ………………/Notice Paper I

(No. 063) TUESDAY, JULY 25, 2023 (1180)

NOTICE PAPER I

Tentative Business for

Wednesday, July 26, 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, July 26, 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, 26th July, 2023, at 9:30 am:-

QUESTION NO. SENATOR

SUBJECT

MINISTRY

018 Sen. James Lomenen, MP Inaction of the Kenyan Government to hasten the release of the Turkana pastoralists arrested in Uganda

Foreign and Diaspora Affairs 019 Sen. George Mbugua, MP Accessibility of health facilities and services to Persons With Disabilities (PWDs) Health 020 Sen. George Mbugua, MP Compliance with the Persons With Disabilities Act with regard to the reservation of employment to PWDs Labour and Social Protection

B. MOTIONS

i.)

ACCELERATING

THE

IMPLEMENTATION

OF

SUSTAINABLE

DEVELOPMENT GOALS (SDGs) (Sen. Catherine Mumma, MP)

ii.)

INTEGRATION OF ETHNIC MINORITIES AND MARGINALIZED

COMMUNITIES IN KENYA

(Sen. William Cheptumo, MP)

………………../Notice Paper I

(No. 063) TUESDAY, JULY 25, 2023 (1181)

iii.)

DECLARATION OF CATTLE RUSTLING AS A NATIONAL DISASTER

AND ESTABLISHMENT OF A SPECIAL FUND FOR VICTIMS

(Sen. William Cheptumo, MP)

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

………………../Notice Paper II

(No. 063) TUESDAY, JULY 25, 2023 (1182)

NOTICE PAPER II

Tentative Business for

Wednesday, July 26, 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, July 26, 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 HERITAGE AND MUSEUMS BILL (SENATE BILLS NO. 8 OF

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

ii.)

*THE KENYAN SIGN LANGUAGE BILL (SENATE BILLS NO. 9 OF

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

iii.)

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

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

iv.)

*THE PREVENTION OF LIVESTOCK AND PRODUCE THEFT BILL

(SENATE BILLS NO.12 OF 2023)

(Sen. Samson Cherarkey, MP)

………………../Notice Paper II

(No. 063) TUESDAY, JULY 25, 2023 (1183)

C. MOTIONS

i.)

DESIGNATION OF A MONTHLY CAR FREE DAY AND COUNTY CAR

FREE ZONES

(Sen. Crystal Asige, MP)

ii.)

DEVELOPMENT OF A POLICY AND LAW FOR SOCIAL RISK

MANAGEMENT IN INFRASTRUCTURE DEVELOPMENT PROJECTS

IN KENYA

(Sen. Catherine Mumma, MP)

iii.)

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)

iv.)

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)

v.)

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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