Wednesday, November 23, 2022 At 2.30 P.m.

Thirteenth Parliament

First Session (No. 021) (193)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FIRST SESSION)

THE SENATE

ORDER PAPER

WEDNESDAY, NOVEMBER 23, 2022 AT 2.30 PM

PRAYER

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages (as listed in the Appendix)
4. 4. Petitions
5. 5. Papers (as listed in the Appendix)
6. 6. Notices of Motion
7. 7. Statements (as listed in the Appendix)
8. 8. MOTION - STATE OF FOOD SECURITY IN KENYA

(Sen. Mwenda Gataya Mo Fire, MP)

THAT, AWARE THAT Article 43 of the Constitution of Kenya, 2010, stipulates the rights of every person to be free from hunger, to have adequate food of acceptable quality, and to clean and safe water in adequate quantities;

FURTHER AWARE THAT there is a prevailing food shortage in Kenya which is as a result of among other factors, lack of and inadequate rainfall over the last two years, the consistent decline in the number of farmers and lands committed to farming, and the Russia-Ukraine war that has led to an increased cost of fertilizer and fuel products which are critical farm inputs, subjecting 4.1 million Kenyans in the Arid and Semi- Arid Lands (ASALs) to an acute food insecure situation and about 942,500 children under five years and 134,270 pregnant and lactating mothers to acute malnutrition according to the Kenya Food Security Steering Group (KFSSG) report;

……………../Motion

(No. 021) WEDNESDAY, NOVEMBER 23, 2022 (194)

NOTING THAT about 1.5 million deaths of livestock have so far been reported in the Arid and Semi-Arid Lands (ASALs) and that the situation is expected to be dire in light of expert projections that we may miss the normal cycle of rain expected in October, November, and December, 2022 and that this could be the worst drought we have experienced in 40 years;

CONCERNED THAT the country is recording incidences of conflict between crop farmers and pastoralists over the scarce resource of water and pasture which results in the destruction of crops and deaths of livestock further exacerbating the food crisis and that the challenge of food shortage is now spreading to areas previously presumed to be rain- rich such as Mt. Kenya whose residents are now relying on government emergency food supplies;

NOW THEREFORE the Senate urges the Ministry of Agriculture and Livestock Development to develop targeted policy programs aimed at addressing the food insecurity in the country including the following: -

1. 1. Coordinate with county governments to establish strategic grain

reserves across the country, with drought-stricken areas receiving priority;

1. 2. Develop livestock feeding programs in ASAL regions, providing

water and feeds to the livestock farmers;

1. 3. Coordinate with the National Drought Management Authority to do

quarterly reports to the Senate on the drought situation in the country;

1. 4. Subsidize agricultural production;
2. 5. Establish abattoirs in ASAL Counties; and further recommends

that the National Treasury and Economic Planning increases funding to the National drought disaster fund.

(Resumption of debate interrupted on Tuesday, 22nd November, 2022 – Balance of time 2hrs 34 Minutes)

1. 9. MOTION - INTEGRATING CLIMATE EDUCATION INTO NATIONAL

EDUCATION CURRICULUM

(Sen. Moses Kajwang’, MP)

AWARE THAT climate change is a complex social and scientific issue which is characterized by uncertain and context specific knowledge, demanding that educators engage in inquiry and co-learning with students, while noting the lack of time and curriculum opportunities to address climate change in the classroom;

COGNIZANT OF THE FACT that the Constitution of Kenya in Article 42 provides for the right to a clean and healthy environment for every Kenyan, which includes the right to have the environment protected for the benefit of the present and future generations; ……………../Motion

(No. 021) WEDNESDAY, NOVEMBER 23, 2022 (195)

NOTING THAT Climate change is a global nightmare with consequences that are already quite visible and should be a priority for the national education curriculum, in accordance to Article 12 of the Paris Agreement which espouses the enhancement of climate change education, training, public awareness, public participation and public access to information;

FURTHER NOTING THAT climate change education explores mitigation and adaptation at both local and global level, critical and creative thinking and capacity building that will enable youth to engage with the information, inquire, understand, ask critical questions and take what they determine are appropriate actions to respond to climate change;

ACKNOWLEDGING THAT the Climate Change Act 2016 addresses the integration of climate change into various disciplines and subjects of the national education curriculum at all levels, as well as requiring that the National Climate Council advises public agencies responsible for regulating universities and tertiary institutions curricula on integration of climate change into their curricula;

NOW THEREFORE the Senate calls upon the Ministry of Education in liaison with the Kenya Institute for Curriculum Development to:

1. 1. Mainstream

climate change education throughout formal education systems through integrating climate education in the school curriculum to creatively prepare children and young people for a rapidly changing, uncertain, risky and possibly dangerous future; and

1. 2. Train and equip teachers and school administrators with the

necessary information and skills to teach climate education and explore new approaches to learning that can contribute to the transformation of unsustainable climate systems, values and routines.

1. 10. MOTION - PLIGHT OF KENYAN DOMESTIC WORKERS IN THE

MIDDLE EAST

(Sen. Veronica Nduati, MP)

THAT, AWARE THAT foreign workers from developing countries make up a large majority of the Gulf's labour, a trend driven in Kenya by the high rate of youth unemployment which stands at 34.21%, forcing young Kenyans to continue to go beyond our borders in pursuit of lucrative employment opportunities;

FURTHER AWARE THAT the Kafala or sponsorship system found in the Gulf Cooperation Council (GCC) countries such as, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, Jordan and Lebanon, defines the relationship between foreign workers and their local sponsor, under which the state gives local individuals or companies, sponsorship

……………../Motion

(No. 021) WEDNESDAY, NOVEMBER 23, 2022 (196)

permits to employ foreign labourers, and covers travel expenses and provides housing, in the case of domestic workers in the sponsor’s home;

APPRECIATING THAT the Kenyan recruitment process of domestic workers for Saudi Arabia involves a number of stakeholders including the Saudi employers, the Saudi Arabia Employment Agencies, Ministry of Labour (Labour Department), National Employment Authority (NEA), National Industrial Training Authority (NITA), prospective domestic workers, Kenya Private Employment Agencies (KPEA), Saudi Arabian Embassy and the immigration Department;

NOTING THAT numerous Kenyan migrant domestic workers in Saudi Arabia have documented various forms of abuses including passport confiscation, physical abuse, sexual abuse, sleep deprivation, food deprivation, labour exploitation, imprisonment prior to deportation, religious intolerance and psychological abuse leading to some of these workers losing their lives;

COGNIZANT THAT Articles 10, 11, & 14 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families adopted on 18 December, 1990 espouses that no migrant worker shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, shall be held in slavery or servitude, or be subjected to arbitrary or unlawful interference with his or her privacy, family, correspondence or other communications, or to unlawful attacks on his or her honour and reputation, and the right to the protection of the law against such interference or attacks;

FURTHER APPRECIATING THAT staffing shortages and inadequate funding faced by the labour attaches in Saudi Arabia hinder the effective supervision of migrant workers in distress, lack of safe houses, lack of a comprehensive mechanism to handle labour disputes, and a lack of a legal framework defining the roles of migrant workers in order to adhere to the terms of their contracts, are some of the challenges that need to be overcome;

CONCERNED THAT under the Bilateral Labour Agreement (BLA) between the Government of Kenya (Gok) and the Government of the Kingdom of Saudi Arabia (KSA) on the recruitment of domestic workers that was developed and adopted in January 2016, Kenya was obligated to provide qualified and medically fit workers needed by Saudi Arabia according to the job specifications, and in turn Saudi Arabia was obligated to ensure that the welfare and rights of employers and domestic workers employed in the Kingdom are promoted and protected in accordance with the applicable rules and regulations which has not been the case, including the enforcement of rest hours and the identity and work permits remaining in the possession of the migrant worker;

……………../Motion

(No. 021) WEDNESDAY, NOVEMBER 23, 2022 (197)

NOW THEREFORE, the Senate resolves that the Ministries of Interior and National Administration, Labor and Social Protection, Foreign Affairs & Diaspora Affairs, Immigration Department, the National Employment the Kenya Private Employment Agencies (KPEA) cease all travel by Kenyan migrant workers to the Gulf states with immediate effect until: -

1. 1. the Ministry of Labour and Social Protection amends the national

labour migration regulatory framework policy to address labour exportation management;

1. 2. the Ministry of Labour and Social Protection, and the Ministry of

Foreign Affairs & Diaspora Affairs adopt/ratify the multilateral declarations relating to the protection of workers such as the International Labour Organisation

(ILO)

Domestic Workers Convention, 2011 (No. 189) and the Private Employment Agencies Convention, 1997 (No. 181);

1. 3. the establishment of functional overseas labour offices for the

administration and enforcement of the Ministry of Labour and Social Protection policies for migrant workers;

1. 4. a review of the Bilateral Agreement between the Government of

Kenya, and the Kingdom of Saudi Arabia by the Ministry of Foreign Affairs & Diaspora Affairs to adequately address identified gaps and emerging issues;

1. 5. there are established safe houses to serve as central huts of welfare

and assistance to migrant workers and temporary shelters for overseas Kenyans in distress; and,

1. 6. any Kenyan in distress, and in particular, Hellen Kemunto, is

rescued and brought back to Kenya from Riyadh, Saudi Arabia.

1. 11. MOTION - DROUGHT AND HUNGER MITIGATION IN TURKANA

COUNTY

(Sen. James Lomenen Ekomwa, MP)

THAT, AWARE THAT Turkana County continues to experience extremely dry weather conditions with the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) reporting that the aggregate rainfall for the six-month period ending September 2022 represented only 21 percent of the normal rainfall;

FURTHER AWARE THAT the prevailing weather conditions have resulted in the drying up of wells, boreholes, loss of pasture, and crops, therefore rendering any form of farming impracticable;

……………../Motion

(No. 021) WEDNESDAY, NOVEMBER 23, 2022 (198)

ACKNOWLEDGING THAT the residents of the County are predominantly pastoralists who keep cattle, donkeys, camels, and goats for food and income, and that the loss of these livestock is a loss of livelihood for them;

NOTING THAT the prevailing drought has resulted in the death of more than half of the livestock in the County thereby pushing eight hundred thousand residents to the brink of starvation and resulting in the highest ever rate of acute malnutrition in the County at 33%;

FURTHER NOTING THAT residents have been forced into migration with their livestock in search of pasture and water which has exposed them to raids by bandits and resulting in children dropping out of school;

CONCERNED THAT droughts have been recorded in the County since the 1960s and that the frequency of their occurrences has progressively increased with drought in the County becoming a yearly phenomenon;

COGNIZANT THAT Article 43 of the Constitution of Kenya, 2010, stipulates the rights of every person to be free from hunger, to have adequate food of acceptable quality, and to clean and safe water in adequate quantities, and obliges the State to provide social security to persons unable to support themselves and their dependants;

FURTHER COGNIZANT THAT Article 11 of the United Nation’s International Covenant on Economic, Social and Cultural Rights (ICESCR) places further emphasis on the fundamental right to food and obliges the State to take progressive steps towards achieving full realization of the right to adequate food;

NOW THEREFORE the Senate urges the Ministries of Agriculture and Livestock Development; Water, Sanitation, and Irrigation; Education, and the Ministry of East African Community (EAC), the ASALs and Regional Development through the National Drought Management Authority, to come up with a policy framework to address the perennial drought in the County and to come up with policy programs addressing the current needs of the County to include: -

i) a roll out of a Rapid Response Initiative (RRI) programme of providing foodstuffs to the affected residents of the County to address immediate critical needs;

ii) an introduction of feeding programme in schools across the County;

iii) the drilling of water boreholes; and

iv) an institution of a livestock off-take programme to buy weak livestock. --xx-- ………………./Notice

(No. 021) WEDNESDAY, NOVEMBER 23, 2022 (199)

NOTICE

The Senate resolved on 5th October, 2022 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.

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…..……../Appendix

(No. 021) WEDNESDAY, NOVEMBER 23, 2022 (200)

APPENDIX

1. 1. MESSAGE

Message from the Nyandarua County Assembly on the construction of Ihithe-Aberdare Forest-Kahuruko-Ndunyu Njeru road on consultation with the National Environmental Management Authorty (NEMA), the Kenya National Highways Authority (KENHA), the Kenya Forest Service (KFS) and the Kenya Wildlife Service (KWS).

(The Speaker of the Senate)

1. 2. PAPERS

i.) Report of the Auditor General on the Special Audit Report on the Public Participation in the county budget making process for the financial year 2021/2022.

ii.) Report of the East African Legislative Assembly, Committee on Accounts on the Audited East African Community (EAC) financial statements for the financial year ended 30th June, 2020.

iii.) Report of the East African Legislative Assembly, Committee on Legal, Rules and Privileges on the Assessment of the Status of Ratificaitons and Implementation of EAC Protocols and EAC Laws by the Partner States.

iv.) Report of the East African Legislative Assembly, Committee on General Purpose of the Oversight Activity to assess the progress made by the Inter-University Council of East Africa in the Harmonization of Education Systems in EAC.

v.) Report of the East African Legislative Assembly, Committee on Regional Affairs and Conflict Resolutions on Assessing the measures instituted by the Partner States for the Safety and Security of Movement of People and Goods on Lake Victoria and Lake Tanganyika.

vi.) The East African Community Supplementary Appropriation (No.3) Bill, 2022.

vii.) The East African Community Surveillance, Compliance and Enforcement Commission Bill, 2022.

viii.) Resolution of the East African Legislative Assembly to support the ongoing East African Crude Oil Pipeline Project (EACOP).

(The Senate Majority Leader)

…..……../Appendix

(No. 021) WEDNESDAY, NOVEMBER 23, 2022 (201)

1. 3. STATEMENTS

a) Pursuant to Standing Order 52 (1)

The Senator for West Pokot County (Sen. (Rev.) Julius Murgor, MP) to make a statement on the importance of establishing women self-help groups especially in conflict prone areas.

b) Pursuant to Standing Order 53 (1)

i.) The Senator for Taita Taveta County (Sen. Johnes Mwaruma, MP) to seek a statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the county boundary cutline between Taita Taveta County and the neighbouring counties.

ii.) 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 acquisition of land belonging to residents of Ikanga area in Mbololo Ward of Voi Sub-County in Taita Taveta County, by the Kenya Airports Authority (KAA).

iii.) The Senator for Meru County (Sen. Kathuri Murungi, MP) to seek a statement from the Standing Committee on Labour and Social Welfare regarding the establishment and management of sports training academies in the counties.

iv.) Nominated Senator (Sen. Crystal Asige, MP) to seek a statement from the Standing Committee on Health concerning the Ministry of Health Strategic Plan 2018 – 2023, specifically to persons with disabilities.

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