Wednesday, May 03, 2023 At 9.30 A.m.

Thirteenth Parliament

Second Session (No. 035) (488)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE SENATE

ORDER PAPER

MORNING SITTING

WEDNESDAY, MAY 03, 2023 AT 9.30 AM

PRAYER

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages
4. 4. Petitions
5. 5. Papers
6. 6. Notices of Motion
7. 7. Questions and Statements (as listed in the Appendix)
8. 8. MOTION – THE DOPING MENACE THREATENING KENYA’S

IMPECCABLE GLOBAL REPUTATION IN ATHLETICS

(Sen. Samson Cherarkey, MP)

THAT, AWARE THAT in 2018 Kenya was placed under Category A by the world Anti-Doping Agency and since then forty Kenyan athletes have been banned by either the Athletics Integrity Unit (AIU) or the Anti – Doping

Agency of Kenya (ADAK) and has led to a situation whereby the Kenyan athletes have to undergo intense testing before participating in major events and has immensely affected the reputation of the Kenyan athletes and the standing of Kenya in the international Sports arena where it currently ranks at number five;

CONCERNED THAT, despite the high number of alleged doping cases Kenya has only one World Anti- Doping Agency (WADA) approved blood testing

…………………/Motion

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laboratory forcing it to send urine tests to Qatar and South Africa for analysis and that the Anti- Doping Agency of Kenya (ADAK) is taking too long to address the doping menace which is likely to affect the state of preparedness for the athletes in the upcoming 2024 Olympic games in Paris;

NOW THEREFORE the Senate resolves that the Ministry of Youth, Sports and Arts:-

a. Come up with modalities that can help achieve increased testing, intelligence gathering on athletes and doping awareness programmes;

b. In collaboration with Athletics Kenya (AK) and National Olympic Committee of Kenya (NOCK) to vet all training camps, coaches, trainers and other athlete handlers;

c. Initiate investigations at Anti – Doping Agency Kenya (ADAK) to identify and sanction all responsible officers liable for the menace of doping;

d. In collaboration with the Directorate of Criminal Investigations and the Ethics and Anti – Corruption Commission finalize pending investigations and recommend prosecution of individuals involved in giving this banned substance to athletes; and

e. In collaboration with the Ministry of Health to identify and revoke licenses for medics, pharmacies and hospitals responsible for the prescription of the commonly abused drugs by the athletes.

(Resumption of debate interrupted on Tuesday 2nd May, 2023 – Balance of time – 2hrs 36mins)

1. 9. MOTION – PROVISION OF FREE SANITARY TOWELS TO END PERIOD

POVERTY

(Sen. Gloria Orwoba, MP)

THAT, AWARE THAT period poverty refers to the common challenge plaguing women globally wherein they are unable to attend schools or work as a cause of a lack of funds for sanitary products that is both a health risk and a signal of gender inequity;

FURTHER AWARE THAT in rural Kenya, 2 out of 3 pad users receive pads from sexual partners and 65 percent of women and girls can’t afford sanitary pads, forcing them to use alternative materials like grass, cotton wool and cloth which lack adequate absorbent qualities resulting in frequent leakage and hygiene issues;

…………………/Motion

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CONCERNED THAT period poverty also referred to as the “shadow pandemic” contributes to global and regional gender inequity, as women are forced to solicit help from men in order to satisfy a basic health need with 10% of 15-year-old girls having sex to pay for sanitary products;

FURTHER CONCERNED THAT, data from the Ministry of Education indicates that a girl that is absent from school for four days a month loses 13 learning days, equivalent to two weeks of learning in every school term, translating to 39 learning days or six weeks of learning time in a term and up to 18 of 108 weeks in primary and 24 weeks of 144 weeks of learning in secondary school;

NOTING THAT, while the Government, through the State Department for Gender Affairs was charged with the responsibility of procuring and distributing sanitary towels for 3.7 million girls in public primary schools, special primary and secondary schools in the country at a cost of Kshs. 470 million during the 2017/2018 Financial year, which amount needs to be increased in order to fully address and mitigate the problem;

NOW THEREFORE, the Senate resolves that the Ministry of Public Service, Gender and Affirmative Action in partnership with the Ministry of Education and the Council of Governors to: -

1. 1. facilitate provision of feminine hygiene products in all public schools;
2. 2. ensure that all schools that don’t have bathrooms that facilitate

privacy, cleanliness or proper disposal of hygiene products are properly equipped;

1. 3. create awareness and take advocacy measures on reproductive health

issues related to period poverty;

1. 4. include in the curriculum a dedicated lesson per week to teach girls

on menstrual hygiene; and

1. 5. ensure that sanitary products will be obtainable timely, consistently,

and in a way that respects the dignity of concerned persons.

(Resumption of debate interrupted on Tuesday 28th February, 2023 – Balance of time – 2hrs 41mins)

1. 10. MOTION - ENHANCING HIGHWAY SAFETY AND CONVENIENCE

(Sen. Wahome Wamatinga, MP and Sen. Mohamed Faki, MP)

THAT, AWARE THAT 67% of road crash fatalities and injuries in the country comprise of the economically productive age groups of 15 - 64 years,

…………………/Motion

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and that the importance of good post-crash care reduces deaths and disability and the suffering for road crash survivors creates the urgent need for effective emergency medical care system elements and processes on our highways;

FURTHER AWARE THAT lives and properties are lost or irreparably damaged daily on major highways in the country due to accidents and explosion of fuel tankers, and the lack of accessible roadside amenities such as medical clinics, rescue centers, fire engines and ambulances hamper efforts to mitigate the carnage caused by the accidents, rescue lives and put out fires;

COGNIZANT THAT setting up safe stopping points for road users at regular intervals with the necessary road-side amenities such as fuel stations, parking spaces, restaurants, telephone booths, minor repair shops, medical facilities, and toilets enhances total travel experience and the lack of these points make it impractical for drivers to stop as often as they would wish to resulting into driving-related fatigue, a significant contributor to accidents on the highways;

FURTHER COGNIZANT THAT provision of amenities such as ambulances, firetrucks and satellite medical clinics to provide emergency services to road accident victims would save lives lost daily on major roads;

ACKNOWLEDGING THAT governments across the world have taken on the task of setting up such amenities through incorporation of the basic provisions in their road transport infrastructure through different models of Public Private Partnership (PPP), lease, or ownership;

NOW THEREFORE the Senate resolves that: -

i) The Kenya National Highway Authority, in collaboration with the Council of Governors to come up with a policy framework on the incorporation of road reserves for road-side amenities in all highway designs;

ii) The Ministries of Health, Roads, Transport and Public Works in conjunction with the Council of Governors to undertake a survey to ascertain the specific amenities required but not available on the existing highways such as satellite medical clinics, firetrucks and ambulances, and identify the most convenient locations to develop them; and

iii) The Ministry of Roads and Transport in conjunction with the Council of Governors to develop Public Private Partnership guideline on leasing of the road reserves to developers, financing the construction of the amenities, and the packaging of incentives to attract investors. …………………/Motion

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1. 11. 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.

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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 further 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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………………/Appendix

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APPENDIX

QUESTIONS AND STATEMENTS

QUESTIONS

Question No. 002- The Senator for Tana River County (Sen. Danson

Mungatana, MP) to ask the Cabinet Secretary for

Roads and Transport: - (a) Could the Cabinet Secretary state the distance, in kilometers, of tarmac roads that the National Government has constructed in Kenya since independence?

(b) Could the Cabinet Secretary provide a list of roads in Tana River County that have been upgraded to bitumen standard?

(c) Why has Tana River County been marginalized in the National Government’s development plans and what steps is the government taking to rectify the situation?

Question No. 007- Nominated Senator (Sen. Veronica Maina, MP) to ask the Cabinet Secretary for Tourism, Wildlife and Heritage: -

(a) Could the Cabinet Secretary state the number of cruise ships that have docked in Kenya since January 2022 and also state the number of those scheduled to dock by June 2023?

(b) Could the Cabinet Secretary provide a schedule of cruise ships that were scheduled to dock in Kenya between January 2022 and June 2023 but canceled their voyage or changed their destination from Kenya, stating the reasons for the cancellation or change?

(c) What measures have been put in place to market Kenya as a cruise tourist destination and to address the cancellations of voyages or the change of destinations from Kenya by cruise ships?

………………./Appendix

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Question No. 008- Nominated Senator (Sen. Veronica Maina, MP) to ask the Cabinet Secretary for Mining, Blue Economy and Maritime Affairs -

(a) What was the rationale for and the impact of the detachment of Bandari College from the Kenya Ports Authority?

(b) Could the Cabinet Secretary provide the number of seafarers trained by Bandari College and deployed to the local and international markets?

(c) Could the Cabinet Secretary provide information as to the suitability and capacity of Bandari College to undertake the government’s commitment to train 250 seafarers annually?

Question No. 009- The Senator for Tharaka Nithi County (Sen. Mwenda Gataya Mo Fire, MP) to ask the Cabinet Secretary for Lands, Public Works, Housing and Urban Development:-

(a) What has caused the delay in demarcation, adjudication and issuing of titles to residents of Ntoroni, Thiiti, Mukothima and Turima Division, particularly parts of Ruung’u, Kibunga, Tombura, Mugwi, Tunya, Kathura and Kiagu areas, in Tharaka Nithi County?

(b) What measures have been put in place by the Government to expedite demarcation and titling of land in the affected areas?

Question No. 011- The Senator for Laikipia County (Sen. John Kinyua Nderitu, MP) to ask the Cabinet Secretary for Interior and National Administration: -

(a) Could the Cabinet Secretary apprise the Senate on the state of security in Laikipia County, and the wider North Rift region, and state the criteria used in the identification of areas to conduct the ongoing security operation?

(b) Could the Cabinet Secretary state the measures put in place to ensure the restoration and maintenance of peace in the region, and also provide information on the recruitment, deployment and remuneration of National Police Reservists (NPR) in the region? ………………/Appendix

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(c) What is the status of recovery of stolen livestock and arraignment of apprehended bandits in court since November 2022 and, could the government consider compensating persons affected by banditry?

………………/Notice Paper

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NOTICE PAPER

Tentative Business for

Wednesday, May 03, 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, May 03, 2023 (Afternoon Sitting)

A. BILLS AT COMMITTEE OF THE WHOLE STAGE

i.) *THE PARLIAMENTARY POWERS AND PRIVILEGES (AMENDMENT) BILL

(SENATE BILLS NO. 5 OF 2022)

(Sen. Danson Mungatana, MP)

ii.) *THE COUNTY VOCATIONAL EDUCATION AND TRAINING BILL (SENATE

BILLS NO. 3 OF 2022)

(Sen. Moses Kajwang’, MP)

B. BILLS AT THE SECOND READING STAGE

i.) **THE EQUALIZATION FUND APPROPRIATION BILL (SENATE BILLS NO. 3 OF 2023) (Division) (The Chairperson, Standing Committee on Finance and Budget)

ii.) *THE LEARNERS WITH DISABILITIES BILL (SENATE BILLS NO. 4 OF 2023) (Sen. (Prof.) Margaret Kamar, MP and Sen. Crystal Asige, MP)

iii.) *THE COTTON INDUSTRY DEVELOPMENT BILL (SENATE BILLS NO. 5 OF 2023) (Sen. Beth Syengo, MP)

iv.) *THE COUNTY BOUNDARIES BILL (SENATE BILLS NO. 6 OF 2023) (Sen. Moses Kajwang’ MP)

v.) *THE PERSONS WITH DISABILITIES BILL (SENATE BILLS NO. 7 OF 2023) (Sen. Crystal Asige, MP)

vi.) *THE HERITAGE AND MUSEUMS BILL (SENATE BILLS NO. 8 OF 2023) (The Chairperson, Standing Committee on Labour and Social Welfare)

………………/Notice Paper

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C. MOTIONS

i.) ADOPTION OF THE REPORT OF THE SELECT COMMITTEE ON

DELEGATED

LEGISLATION

ON

ITS

CONSIDERATION

OF

THE

STATUTORY INSTRUMENTS (EXEMPTION FROM EXPIRY) REGULATIONS,

2022. (Division) (The Chairperson, Select Committee on Delegated Legislation)

ii.) ADOPTION OF THE REPORT OF THE STANDING COMMITTEE ON

DEVOLUTION AND INTERGOVERNMENTAL RELATIONS ON A STATEMENT

SOUGHT

ON

THE

RELOCATION

OF

NATIONAL

GOVERNMENT

ADMINISTRATIVE SERVICES FROM CHUKA TOWN TO KATHWANA

COUNTY HEADQUARTERS, THARAKA NITHI COUNTY.

(The Chairperson, Standing Committee on Devolution and Intergovernmental Relations)

iii.) INSTITUTION OF MEASURES TO CURB INCESSANT HIGH ELECTRICITY

COSTS IN KENYA.

(Sen. Mohamed Chute, MP)

iv.) DROUGHT MITIGATION PROGRAMME IN PUBLIC SCHOOLS. (Sen. Enoch Wambua, MP)

v.) BAN ON THE CULTIVATION OF EUCALYPTUS TREES ON RIPARIAN

LANDS.

(Sen. James Kamau Murango, MP)

vi.) INCORPORATION OF INTELLIGENT WATER MANAGEMENT SYSTEMS IN

BUILDING PLANS FOR SUSTAINABLE LIVING.

(Sen. Wahome Wamatinga, MP)

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