Tuesday, October 25, 2022 At 2.30 P.m.

Thirteenth Parliament

First Session (No. 010) (085)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FIRST SESSION)

THE SENATE

ORDER PAPER

TUESDAY, OCTOBER 25, 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 (as listed in the Appendix)
7. 7. Statements (as listed in the Appendix)
8. 8. MOTION - PARKING CHARGES IN INSTITUTIONS OFFERING

ESSENTIAL SERVICES TO THE PUBLIC

(Sen. Edwine Sifuna, MP)

THAT, AWARE THAT, many urban areas and towns in Kenya lack designated car parking areas as a result of imbalance between parking supply and demand mainly due to ineffective land use planning and miscalculations of space requirements, thereby leading to exorbitant parking fees;

NOTING THAT, most essential services offered in hospitals, educational institutions, airports, shopping malls and other public utilities are offered in urban centers, and other designated areas that charge parking fees to access;

ACKNOWLEDGING, that whether they are delivered by public or private providers, essential services such as health, banking, education, shopping and other utilities are considered to be public services because they are public goods that sustain the well-being of every citizen and help in the development of the society as a whole;

……………./Motions

(No. 010)

TUESDAY, OCTOBER 25, 2022

(086)

CONCERNED, that access to hospitals, educational institutions, airports, shopping malls and other places offering essential services might be hindered due to exorbitant parking fees levied on motorists accessing these services;

FURTHER CONCERNED, that charging entry fees amount to double taxation as the motorists who would have paid the parking fees will still pay for the services they seek;

NOW THEREFORE, the Senate urges the Cabinet Secretary for Lands, Housing and Physical Planning together with the Council of Governors to come up with a policy framework to create an enabling environment for protection of motorists accessing essential services from paying exorbitant parking fees.

(Resumption of debate interrupted on Wednesday, 19th October, 2022 – balance of time – 2hrs 58mins)

1. 9. 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;

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:

……………./Motions

(No. 010)

TUESDAY, OCTOBER 25, 2022

(087)

(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.

--xx--

………………./Notice

(No. 010)

TUESDAY, OCTOBER 25, 2022

(088)

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.

--xx--

…..……../Appendix

(No. 010)

TUESDAY, OCTOBER 25, 2022

(089)

APPENDIX

1. 1. PAPERS

i.) Report of the Auditor General on the Financial Statements of Mandera County Executive for the year ended 30th June, 2021.

ii.) Report of the Auditor General on the Financial Statements of Mandera County Assembly for the year ended 30th June, 2021.

iii.) Report of the Auditor General on the Financial Statements of Mandera Municipality for the year ended 30th June, 2021.

iv.) Report of the Auditor General on the Financial Statements of Vihiga County Executive for the year ended 30th June, 2021.

v.) Report of the Auditor General on the Financial Statements of Vihiga County Assembly for the year ended 30th June, 2021.

vi.) Report of the Auditor General on the Financial Statements of West Pokot County Executive for the year ended 30th June, 2021.

vii.) Report of the Auditor General on the Financial Statements of West Pokot County Assembly for the year ended 30th June, 2021.

viii.) Report of the Auditor General on the Financial Statements of Siaya County Executive for the year ended 30th June, 2021.

ix.) Report of the Auditor General on the Financial Statements of Siaya County Assembly for the year ended 30th June, 2021.

x.) Report of the Auditor General on the Financial Statements of Samburu County Executive Staff Mortgage (Members) Scheme Fund for the year ended 30th June, 2021.

xi.) Report of the Auditor General on the Financial Statements of Samburu County Assembly Staff Mortgage (Members) Scheme Fund for the year ended 30th June, 2021.

xii.) Report of the Auditor General on the Financial Statements of Samburu County Bursary Fund for the year ended 30th June, 2021.

xiii.) Report of the Auditor General on the Financial Statements of Samburu County Youth & Women Enterprise Development Fund for the year ended 30th June, 2021.

xiv.) Report of the Auditor General on the Financial Statements of Samburu County Persons Living with Disability Fund for the year ended 30th June, 2021.

…..……../Appendix

(No. 010)

TUESDAY, OCTOBER 25, 2022

(090)

xv.) Report of the Auditor General on the Financial Statements of Kilifi County Health Services Improvement Fund for the year ended 30th June, 2021.

xvi.) Report of the Auditor General on the Financial Statements of Kilifi County Micro Finance (Mbegu) Fund for the year ended 30th June, 2021.

xvii.) Report of the Auditor General on the Financial Statements of Kilifi County Emergency Fund for the year ended 30th June, 2021.

xviii.) Report of the Auditor General on the Financial Statements of Taita Taveta County Executive Car Loan & Mortgage Revolving Fund for the year ended 30th June, 2021.

xix.) Report of the Auditor General on the Financial Statements of Taita Taveta County Emergency Fund for the year ended 30th June, 2021.

xx.) Report of the Auditor General on the Financial Statements of Mombasa County Assembly Car Loan & Mortgage Fund for the year ended 30th June, 2021.

xxi.) Report of the Auditor General on the Financial Statements of Mombasa County Elimu Fund for the year ended 30th June, 2021.

xxii.) Report of the Auditor General on the Financial Statements of Tana River County Executive for the year ended 30th June, 2021.

xxiii.) Report of the Auditor General on the Financial Statements of Tana River County Assembly for the year ended 30th June, 2021.

xxiv.) Report of the Auditor General on the Financial Statements of Tana River County Car Loan Mortgage Scheme Fund for the year ended 30th June, 2021.

xxv.) Report of the Auditor General on the Financial Statements of Tana River County Assembly Car Loan Mortgage Scheme Fund for the year ended 30th June, 2021.

xxvi.) Report of the Auditor General on the Financial Statements of Tana River County Ward Bursary Fund for the year ended 30th June, 2021.

xxvii.) Report of the Auditor General on the Financial Statements of Embu County Executive Car Loan & Mortgage (Committee Members) Scheme Fund for the year ended 30th June, 2021.

…..……../Appendix

(No. 010)

TUESDAY, OCTOBER 25, 2022

(091)

xxviii.) Report of the Auditor General on the Financial Statements of Embu County Emergency Fund for the year ended 30th June, 2021

xxix.) Report of the Auditor General on the Financial Statements of Embu County Education Support Fund for the year ended 30th June, 2021

xxx.) Report of the Auditor General on the Financial Statements of Municipality of Kathwana for the year ended 30th June, 2021

xxxi.) Report of the Auditor General on the Financial Statements of Embe Water & Sanitation Company Ltd for the year ended 30th June, 2021

xxxii.) Report of the Auditor General on the Financial Statements of Embu Water & Sanitation Company Ltd for the year ended 30th June, 2021

xxxiii.) Report of the Auditor General on the Financial Statements of Ngagaka Water & Sanitation Company Ltd for the year ended 30th June, 2021

xxxiv.) Report of the Auditor General on the Financial Statements of Elwak Municipality for the year ended 30th June, 2021

xxxv.) Report of the Auditor General on the Financial Statements of Vihiga County Executive Car Loan & Mortgage Scheme Fund for the year ended 30th June, 2021

xxxvi.) Report of the Auditor General on the Financial Statements of Vihiga Municipal Board for the year ended 30th June, 2021

xxxvii.) Report of the Auditor General on the Financial Statements of Kericho County Executive Staff Car Loan Fund for the year ended 30th June, 2021

xxxviii.) Report of the Auditor General on the Financial Statements of Kericho County Assembly Staff Car & Mortgage Scheme Fund for the year ended 30th June, 2021

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

xl.) Report of the Auditor General on the Financial Statements of Laikipia County Co-operative Development Fund for the year ended 30th June, 2021

(The Senate Majority Leader)

…..……../Appendix

(No. 010)

TUESDAY, OCTOBER 25, 2022

(092)

1. 2. NOTICE OF 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 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.

…..……../Appendix

(No. 010)

TUESDAY, OCTOBER 25, 2022

(093)

1. 3. STATEMENTS

a) Pursuant to Standing Order 52 (1)

i.) The Senator for Kisumu County (Sen. (Prof.) Tom Odhiambo Ojienda, SC, MP) to make a statement concerning border dispute between Kisumu, Nandi and Kericho Counties.

ii.) Nominated Senator (Sen. Hezena Lemaletian, MP) to make a statement concerning the insecurity situation in Samburu county.

b) Pursuant to Standing Order 53 (1)

i.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee Health regarding the operationalization of the NHIF cover in Marsabit County.

ii.) 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.

iii.) Seneta wa Kaunti ya Mombasa (Sen. Mohamed Faki, MP) kuomba kauli kutoka kwa Kamati ya Kudumu ya Usalama wa Taifa, Ulinzi na Uhusiano wa Kimataifa kuhusu kuvunjiliwa mbali kwa Kitengo cha Upepelezi wa Jinai.

iv.) The Senator for Vihiga County (Sen. Godfrey Osotsi, MP) to seek a statement from the Standing Committee on Finance and Budget concerning the alleged Kshs.1.31billion fine imposed by the Chinese Bank on the Government of Kenya for defaulting on the Standard Gauge Railway (SGR) loan.

v.) The Senator for Tana River County (Sen. Danson Mungatana, MP) to seek a statement from the Standing Committee on Finance and Budget concerning the release of the National Government Constituency Fund (NG-CDF) funds by the National Treasury and Ministry of Economic Planning directly to schools in Tana River County.

vi.) The Senator for Tana River County (Sen. Danson Mungatana, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources regarding the diversion of River Tana in the Tana Delta Region of Tana River County.

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

…..……../Notice Paper

(No. 010)

TUESDAY, OCTOBER 25, 2022

(094)

NOTICE PAPER

Tentative Business for

Wednesday, October 26, 2022 (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, October 26, 2022.

MOTION

INTEGRATING

CLIMATE

EDUCATION

INTO

NATIONAL

EDUCATION

CURRICULUM

(Sen. Moses Kajwang’, MP)

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