Thursday, October 27, 2022 At 2.30 P.m.

Thirteenth Parliament

First Session (No. 012) (107)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FIRST SESSION)

THE SENATE

ORDER PAPER

THURSDAY, OCTOBER 27, 2022 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. Statements (as listed in the Appendix)
8. 8. MOTION - PROMOTION OF MENTAL HEALTH FACILITIES FOR

MOTHERS

(Sen. Hamida Kibwana, MP)

THAT, AWARE THAT according to the World Health Organization, globally 10% of pregnant women and 13% of women who have just given birth experience a mental condition, referred to as perinatal depression, which is higher in developing countries with 15.6% during pregnancy, and 19.8% after child birth;

FURTHER AWARE that women who go through still birth and those that lose their children during delivery are taken to the general maternity ward where other mothers with healthy babies are recovering, causing them mental anguish and adversely impacting their mental health;

NOTING THAT integrating mental health care into primary healthcare settings requires training in psychiatric care and providing consulting support to primary care providers, considering that there are not enough mental health care providers to meet the current and growing need for mental health services;

……………./Motions

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APPRECIATING THAT the Health Act under section 6 (1) (b) provides that every person has a right to reproductive health care which includes the right of access to appropriate health care services that will enable mothers go safely through pregnancy, childbirth, and the postpartum period which should include the integration of mental health in perinatal care as recommended by the National Mental Health Taskforce in its “Mental Health and Wellbeing towards Happiness and National Prosperity” report;

NOW THEREFORE, the Senate urges the Ministry of Health in collaboration with the Council of Governors to:

(i) ensure that all county health facilities with maternity wings, allocate a separate ward for recovery for the mothers who have gone through still birth or those that have lost their babies during delivery;

(ii) facilitate continuous mental health training and the provision of counselling support in the perinatal wards for all primary care providers in all counties;

(iii) establish counselling facilities at all county health facilities with maternity wings to provide counselling therapy to mothers who lose their children through a miscarriage, during delivery, or through still birth; and,

(iv) establish counselling facilities at all county health facilities with maternity wings to provide counselling therapy to mothers who are suffering from perinatal and postpartum depression.

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;

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

……………./Motions

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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 - EFFECTS OF UPSTREAM ACTIVITIES ON THE RIVER

TANA TO THE RESIDENTS OF TANA DELTA

(Sen. Danson Mungatana, MP)

THAT, AWARE THAT water is a fundamental resource to life, livelihood, food security and sustainable development and an economic good, which is critical for the sustainable development of the country;

FURTHER AWARE THAT the River Tana plays an important role in the lives of the communities living along its banks including Garissa and Tana River Counties whose main economic activities are livestock keeping, farming and fishing;

RECOGNIZING THAT Article 43 (1) (d) of the Constitution of Kenya, provides that every Kenyan has the right to clean and safe water in adequate quantities;

……………./Motions

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NOTING THAT the residents of Tana River County have perennially suffered from acute effects of flooding and inadequate supply of water to its residents and their livestock;

COGNIZANT THAT the challenge of flooding has predominantly been caused by KenGen’s release of huge amounts of water from the seven forks dams which combine with rain water from the highlands;

FURTHER COGNIZANT THAT the hoarding of water at the seven forks dams and other significant upstream activities such as irrigation and small scale dams limits the amount of water that flows downstream through River Tana significantly affecting agricultural activities in irrigation schemes such as Bura, Galole and other small scale irrigation schemes in the Tana Delta as a result of inadequate water supply to the canals that channel the water to the irrigation schemes;

CONCERNED THAT limited water supply to the hinterland and irrigation schemes cause severe hunger to the residents of Tana River, death of livestock and conflicts between farmers and herders, and that floods cause deaths, displacements and other challenges like waterborne diseases such as cholera downstream at Tana Delta;

NOW THEREFORE, the Senate urges the Ministry of Water, Sanitation and Irrigation in conjunction with the Water Resources Authority (WRA) to;

i) conduct stakeholder participation before undertaking any major upstream activity including construction of dams, before the release of water during rainy season and limiting flow of water to River Tana during the dry season;

ii) develop a policy in line with the Nile Treaty of 1959 to guarantee average annual flow of the River Tana; and

iii) come up with mitigation measures to the perennial floods and water scarcity to the residents of Tana Delta.

1. 11. MOTION – ADJOURNMENT OF THE SENATE

(The Senate Majority Leader)

THAT, pursuant to Standing Orders 31 (3) the Senate do adjourn until Tuesday, 8th November, 2022.

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………………./Notice

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NOTICE

The Senate resolved on 5th October, 2022 as follows:-

i.) 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.

ii.) THAT, notwithstanding the provisions of Standing Order 111 (4), the debate on any Motion for the adjournment of the Senate to a day other than the next normal sitting day in accordance with the calendar of the Senate shall be limited to a maximum of two hours with not more than fifteen minutes for each Senator speaking after which the Senate shall adjourn without question put;

Provided that when the period of recess proposed by any such Motion does not exceed nine calendar days, the debate shall be limited to a maximum of thirty (30) minutes, and shall be confined to the question of adjournment.

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APPENDIX

1. 1. PAPERS

i.) Report of the Auditor General on the Financial Statement of Lamu County Executive Staff Housing Fund for the year ended 30th June, 2021.

ii.) Report of the Auditor General on the Financial Statement of Lamu County Youth Development Fund for the year ended 30th June, 2021.

iii.) Report of the Auditor General on the Financial Statement of Lamu County Gender & Social Development Fund for the year ended 30th June, 2021.

iv.) Report of the Auditor General on the Financial Statement of Lamu Municipality Board for the year ended 30th June, 2021.

v.) Report of the Auditor General on the Financial Statement of Lamu County Disability Development Fund for the year ended 30th June, 2021.

vi.) Report of the Auditor General on the Financial Statement of Meru County Assembly Members Car Loan & Housing Fund for the year ended 30th June, 2021.

vii.) Report of the Auditor General on the Financial Statement of Meru County Revenue Board for the year ended 30th June, 2021.

viii.) Report of the Auditor General on the Financial Statement of Meru County Micro Finance Corporation for the year ended 30th June, 2021.

ix.) Report of the Auditor General on the financial statement of Meru County Investment & Development Corporation for the year ended 30th June, 2021.

x.) Report of the Auditor General on the Financial Statement of Meru Water & Sewerage Services Registered Trustees for the year ended 30th June, 2021.

xi.) Report of the Auditor General on the Financial Statement of Imetha Water & Sanitation Company Ltd for the year ended 30th June, 2021.

xii.) Report of the Auditor General on the Financial Statement of Uasin Gishu County Assembly for the year ended 30th June, 2021.

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xiii.) Report of the Auditor General on the Financial Statement of Uasin Gishu County Cooperative Enterprise Development Fund for the year ended 30th June, 2021.

xiv.) Report of the Auditor General on the Financial Statement of Uasin Gishu County Staff Mortgage & Car Loan Scheme Fund for the year ended 30th June, 2021.

xv.) Report of the Auditor General on the Financial Statement of Uasin Gishu County Inua Biashara Fund for the year ended 30th June, 2021.

xvi.) Report of the Auditor General on the Financial Statement of Uasin Gishu County Education Revolving Fund for the year ended 30th June, 2021.

xvii.) Report of the Auditor General on the Financial Statement of Uasin Gishu County Bursary & Skills Development Support Fund for the year ended 30th June, 2021.

xviii.) Report of the Auditor General on the Financial Statement of Uasin Gishu County Emergency Fund for the year ended 30th June, 2021.

xix.) Report of the Auditor General on the Financial Statement of Eldoret Water & Sanitation Company Ltd for the year ended 30th June, 2021.

xx.) Report of the Auditor General on the Financial Statement of Municipality of Eldoret for the year ended 30th June, 2021.

xxi.) Report of the Auditor General on the Financial Statement of Turkana County Executive State & Public Officers Car & Mortgage Fund for the year ended 30th June, 2021.

xxii.) Report of the Auditor General on the Financial Statement of Turkana County Assembly Car & Mortgage Fund (Members) for the year ended 30th June, 2021.

xxiii.) Report of the Auditor General on the Financial Statement of Turkana County Assembly Car & Mortgage Fund (Staff) for the year ended 30th June, 2021.

xxiv.) Report of the Auditor General on the Financial Statement of Turkana County Covid-19 Emergency Response Fund for the year ended 30th June, 2021.

xxv.) Report of the Auditor General on the Financial Statement of Turkana County Cooperative Enterprise Development Fund for the year ended 30th June, 2021 …..……../Appendix

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xxvi.) Report of the Auditor General on the Financial Statement of Turkana County Biashara Fund for the year ended 30th June, 2021.

xxvii.) Report of the Auditor General on the Financial Statement of Turkana County Education & Skills Development Fund for the year ended 30th June, 2021.

xxviii.) Report of the Auditor General on the Financial Statement of Turkana County Youth & Women Empowerment Fund for the year ended 30th June, 2021.

xxix.) Report of the Auditor General on the Financial Statement of Turkana County Emergency Fund for the year ended 30th June, 2021.

xxx.) Report of the Auditor General on the Financial Statement of Kiambu County Executive Staff Mortgage Scheme Fund for the year ended 30th June, 2021.

xxxi.) Report of the Auditor General on the Financial Statement of Kiambu County Executive Emergency Fund for the year ended 30th June, 2021.

xxxii.) Report of the Auditor General on the Financial Statement of Kiambu County Assembly Car Loan & Mortgage Scheme Fund for the year ended 30th June, 2021.

xxxiii.) Report of the Auditor General on the Financial Statement of Kiambu County Alcoholic Drinks Control Fund for the year ended 30th June, 2021.

xxxiv.) Report of the Auditor General on the Financial Statement of Kiambu County Education Bursary Fund for the year ended 30th June, 2021.

xxxv.) Report of the Auditor General on the Financial Statement of Kiambu County Jijenge Fund for the year ended 30th June, 2021.

xxxvi.) Report of the Auditor General on the Financial Statement of Githunguri Water & Sanitation Company Ltd for the year ended 30th June, 2021.

xxxvii.) Report of the Auditor General on the Financial Statement of Karuri Water & Sanitation Company Ltd for the year ended 30th June, 2021.

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xxxviii.) Report of the Auditor General on the Financial Statement of Thika Water & Sewerage Company Ltd for the year ended 30th June, 2021.

xxxix.) Report of the Auditor General on the Financial Statement of Limuru Water & Sewerage Company Ltd for the year ended 30th June, 2021.

xl.) Report of the Auditor General on the Financial Statement of Gatundu Water & Sanitation Company Ltd for the year ended 30th June, 2021. (The Senate Majority Leader)

1. 2. STATEMENTS

a) Pursuant to Standing Order 53 (1)

i.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee on Labour and Social Welfare concerning the onboarding process of employees in Marsabit County Government.

ii.) The Senator for Mombasa County (Sen. Mwinyihaji Faki, MP) to seek a statement from the Sessional Committee on Delegated Legislation regarding review of remuneration and benefits of state officers by the Salaries and Remuneration Commission (SRC).

iii.) The Senator for Kilifi County (Sen. Stewart Madzayo, MP) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations concerning the drought situation in Kilifi County.

iv.) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations concerning state of security situation in Kisumu County.

v.) Nominated Senator (Sen. Beatrice Oyomo, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources regarding the lack of title deeds due to non-completion of adjudication.

vi.) The Senator for Machakos County (Sen. Agnes Kavindu, , MP) to seek a statement from the Standing Committee on Tourism, Trade and Industrialization concerning the liquidation of Drumvale Farmers Cooperative Society Limited

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

The Chairperson, Standing Committee on Energy (Sen. Wamatinga Wahome, MP) to issue a statement on a matter to which the committee is responsible namely; the high cost of energy in the country.

c) Pursuant to Standing Order 57 (1)

The Senate Majority Leader to issue a statement on the business of the Senate for the week commencing Tuesday, 8th November, 2022.

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