Wednesday, May 07, 2025 At 9.30 A.m.

Thirteenth Parliament

Fourth Session (No. 040) (670)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FOURTH SESSION)

THE SENATE

ORDER PAPER

MORNING SITTING

WEDNESDAY, MAY 07, 2025 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 - CONSOLIDATION OF BURSARY FUNDS FOR EQUITABLE

ACCESS TO EDUCATION IN KENYA

(Sen. Karungo Thangwa, MP)

THAT AWARE THAT, Pursuant to Article 53 of the Constitution, every child in Kenya is entitled to free and compulsory basic education, and the Basic Education Act provides that, basic education should be guided by principles such as equitable access to all youth and equal access to education or institutions;

FURTHER AWARE THAT, many students in secondary schools and higher education institutions come from financially disadvantaged backgrounds, making it difficult for them to afford school fees and access education opportunities;

NOTING THAT, over the years, various interventions have been made, including the issuance of bursaries through the National Government Constituency Development Fund (NCDF), National Government Affirmative Action Fund (NGAAF), the Ministry of Education and county governments through various county bursary funds;

CONCERNED THAT, despite these efforts, schools fees remain unaffordable for many parents and the allocation of bursaries has been plagued by nepotism, favoritism, and political manipulation, lack of transparency and accountability; …………../Motion

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FURTHER CONCERNED THAT public learning institutions are primarily funded by the Government through the Ministry of Education, and in the financial year 2024/25, approximately Kshs. 656 billion was allocated to the education sector, making it difficult to ascertain the specific funds granted to each student and that the lack of transparency in the disbursement of bursaries from various agencies makes it difficult to determine the total amount allocated in a financial year, thus hindering efforts to ensure equitable access to education for financially disadvantaged students;

NOW THEREFORE, the Senate urges the Ministry of Education, to:

1) audit the funds allocated to bursaries by both the National Government and county governments;

2) consolidate the funds distributed by various government entities and agencies, with the aim of directing these funds directly to schools as supplementary capitation to facilitate the achievement of free secondary education; and

3) calculate the cost of education per learner and make this information public for primary, secondary, and tertiary institutions, including a detailed breakdown of the annual financial requirements for each student across the country.

1. 9. MOTION - REPORT OF THE PARLIAMENTARY DELEGATION TO THE 2024

JOINT

UNITED

NATIONS

–

INTER-PARLIAMENTARY

UNION

PARLIAMENTARY

HEARING

HELD

AT

THE

UNITED

NATIONS

HEADQUARTERS IN NEW YORK, UNITED STATES OF AMERICA FROM 8TH

TO 9TH FEBRUARY, 2024

(Sen. Veronica Maina, MP)

THAT, the Senate notes the Report of the Parliamentary Delegation to the 2024 Joint United Nations – Inter-Parliamentary Union Parliamentary Hearing held at the United Nations headquarters in New York, United States of America from 8th to 9th February, 2024 laid on the Table of the Senate on Tuesday, 17th September, 2024.

1. 10. MOTION - REPORT OF THE PROCEEDINGS OF THE PARLIAMENTARIANS’

DIALOGUE AT THE AFRICA CLIMATE SUMMIT, 2023 HELD IN THE

NATIONAL ASSEMBLY CHAMBER, PARLIAMENT BUILDINGS, NAIROBI ON

3RD – 6TH SEPTEMBER, 2023

(Sen. Moses Kajwang’, MP)

THAT, the Senate notes the Report of the Proceedings of the Parliamentarians’ Dialogue at the Africa Climate Summit, 2023 held in the National Assembly Chamber, Parliament Buildings, Nairobi, on 3rd – 6th September, 2023, laid on the Table of the Senate on Wednesday, 2nd October, 2024. …………../Motion

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1. 11. MOTION - ESTABLISHMENT OF NATIONAL TEACHING AND REFERRAL

HOSPITALS IN KENYA

(Sen. Johnes Mwaruma, MP)

THAT, AWARE THAT Article 43 (1) (a) of the Constitution of Kenya provides that every person has the right to the highest attainable standard of health, including reproductive health care;

NOTING THAT in Kenya, we have five National Teaching and Referral hospitals with Kenyatta University Research and Teaching Hospital in Kiambu County and Moi Teaching and Referral Hospital in Eldoret, Uasin Gishu County being the only ones outside Nairobi County;

CONCERNED THAT the bed capacity, medical equipment and human capital in these National Teaching and Referral hospitals are not sufficient to absorb all the patients seeking specialized treatment;

FURTHER CONCERNED THAT many Kenyans with critical health conditions travel long distances in order to access specialized services in Moi Teaching and Referral Hospital in Eldoret or Nairobi where the other four National Teaching and Referral hospitals are located, leading to high cost of travel, augmented disease and in some cases deaths along the way;

NOW THEREFORE the Senate urges-

1. 1. The Ministry of Health to:

i. Establish National Teaching and Referral hospitals in the Coast, Eastern, North Eastern, Nyanza and Western regions; and

ii. Fully equip the National Teaching and Referral Hospitals with modern medical equipment, medical supplies and personnel; and

1. 2. The County Governments to allocate more funds to their

respective health dockets to adequately facilitate their County Level 5 and Level 6 hospitals in order to enhance provision of critical health services to reduce the demand for such services from the National Teaching and Referral Hospitals.

1. 12. MOTION - REPORT OF THE STANDING COMMITTEE ON HEALTH ON THE

COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS TO TAITA

TAVETA, MOMBASA AND KWALE COUNTIES

(The Chairperson, Standing Committee on Health)

THAT, the Senate adopts the Report of the Standing Committee on Health on the County Oversight and Networking Engagements to Taita Taveta, Mombasa and Kwale Counties, laid on the Table of the Senate on Thursday, 5th December, 2024. …………../Motion

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1. 13. MOTION - REPORT OF THE STANDING COMMITTEE ON HEALTH ON THE

INSPECTION TOUR OF HEALTH FACILITIES IN WEST POKOT, TRANS

NZOIA AND TURKANA COUNTIES

(The Chairperson, Standing Committee on Health)

THAT, the Senate adopts the Report of the Standing Committee on Health on the inspection tour of health facilities in West Pokot, Trans Nzoia and Turkana Counties, laid on the Table of the Senate on Thursday, 5th December, 2024.

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NOTICE

The Senate resolved on 13th February, 2025 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

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APPENDIX

QUESTIONS AND STATEMENTS

QUESTIONS

Question No. 034 The Senator for Kitui County (Sen. Enoch Wambua, CBS, MP) to ask the Cabinet Secretary for the National Treasury and Economic Planning:

a) What is the current status of pension disbursements to former Members of Parliament, who served between 1979 and 1992?

b) Has National Treasury undertaken any review or adjustment of these pensions to ensure they remain fair and sustainable, considering the rising cost of living and inflation over the years?

c) What policy measures has the Government put in place to ensure pensions align with prevailing economic conditions?

Question No. 035 The Senator for Kirinyaga County (Sen. James Murango, MP) to ask the Cabinet Secretary for the National Treasury and Economic Planning:

a) Could the Cabinet Secretary provide a breakdown of all taxes and levies imposed throughout the entire tea supply chain?

b) What specific taxation measures is the Ministry planning to implement in the Financial Year 2025/2026 to eliminate double taxation and other unnecessary taxes that overburden farmers and stakeholders in the tea industry?

c) Could the Cabinet Secretary outline the challenges faced in previous attempts to eliminate some of these excessive taxes and levies on tea, and explain actions taken to address them?

Question No. 048 The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to ask the Cabinet Secretary for the National Treasury and Economic Planning:

a) What immediate measures are being implemented by the Government to address the extensive delays in

…………../Appendix

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processing pension claims of retired civil servants, and could the Cabinet Secretary provide a timeline for full digitization of pension records and transition to an end- to-end Enterprise Resource Planning (ERP) system for a more streamlined process?

b) How is the Ministry addressing the pervasive corruption and bribery within the Pensions Department, including claims of pension payments to non-existent/ “ghost” pensioners?

c) What is being done to ensure that pension funds, which have persistently faced significant carryovers due to underfunding and liquidity challenges, are prioritized and allocated adequate funding in future budgets?

d) Could the Cabinet Secretary also explain any proposed regulatory reforms aimed at harmonizing outdated pension laws with contemporary digital financial management practices?

Question No. 052 Nominated Senator (Sen. Catherine Mumma, MP) to ask the Cabinet Secretary for Education:

a) Do the National Government and county governments engage in any intergovernmental collaboration to align the curriculum and training in the county-managed Vocational Training Centers (VTCs) with the standards in the nationally-managed Technical and Vocational Education and Training (TVET) institutions and, if so, could the Cabinet Secretary explain the outcomes of the engagements in respective counties?

b) Could the Cabinet Secretary also outline steps being taken to encourage private investments in infrastructural development around VTCs,

TVET

institutions and universities to address the shortage of student accommodation facilities?

c) Could the National Government consider advancing conditional grants to county governments to support urban planning and development of basic infrastructure, such as water supply and sewerage systems, in areas around tertiary institutions to further attract private investment?

…………../Appendix

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Question No. 058 The Senator for Nairobi City County (Sen. Edwin Sifuna, CBS, MP) to ask the Cabinet Secretary for Education:

a) What has the Government done to permanently address the root causes of the prolonged industrial action by lecturers at the Technical University of Kenya (TUK) which led to the closure of the university between 3rd February and 18th March, 2025?

b) Could the Government consider apportioning budgetary allocation to bail out TUK from the prevailing financial crisis, as it did for Moi University, to forestall a collapse of the institution?

c) Could the Cabinet Secretary also outline Government's strategy to generally address the challenges currently afflicting public universities, which include inadequate infrastructure, perennial strikes by academic staff and financial instability?

Question No. 060 Nominated Senator (Sen. George Mbugua, MP) to ask the Cabinet Secretary for Education:

a) Could the Cabinet Secretary provide data on the enrolment of children with hearing impairment in pre- primary, and in grades 1, 2 and 3 of lower primary, across special schools, integrated special units and regular mainstream schools from 2022 to date?

b) Could the Cabinet Secretary provide an overview of the Government’s policy on integration of learners with hearing impairment in pre-primary and lower primary education, including details on the measures in place to ensure that the learners receive adequate support and consideration in the mainstream education setting?

c) What is the Ministry’s position on the placement of these learners in pre-primary and lower-primary boarding schools, and could the Cabinet Secretary outline any specific guidelines or recommendations from the Ministry addressing the matter?

d) What provisions and resources does the Government provide to support the education of these learners in pre- primary and lower primary without necessitating their placement in boarding schools, and could the Cabinet Secretary also state the actions being taken to assure parents that boarding schools are not the only viable option for these learners? …………../Appendix

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Question No. 061 Nominated Senator (Sen. Joyce Korir, CBS, MP) to ask the Cabinet Secretary for Education:

a) Could the Cabinet Secretary provide data on the number of unemployed teachers who are yet to be absorbed by the Teachers Service Commission (TSC) across all counties, categorized by their year of graduation, and indicate the current employment cap in each county?

b) What measures has the Ministry put in place to address TSC’s low absorption rate of teachers, particularly those who have remained jobless since 2010?

c) Could the Cabinet Secretary outline any collaborative efforts between the Ministry of Education and TSC to ensure teacher employment across all regions, particularly addressing disparities where some counties have higher numbers of unemployed teachers, and to promote fairness and equity in recruitment?

Question No. 064 The Senator for Kakamega County (Sen. (Dr.) Boni Khalwale, CBS, MP) to ask the Cabinet Secretary for Education:

a) When will the Government review the remuneration of primary school headteachers to reflect their expanded responsibilities under the Competency Based Curriculum (CBC), which now include overseeing pre- primary, primary and junior secondary schools?

b) Could the Cabinet Secretary also state whether workload assessment and job evaluation have been done to inform such review and, if so, provide details on the same?

Question No. 071 The Senator for Makueni County (Sen. Daniel Maanzo, EBS, MP) to ask the Cabinet Secretary for Education:

a) What measures are in place to ensure equitable access to free and quality education for children in marginalized and other underserved areas?

b) How is the Government addressing the shortage of qualified teachers and supporting infrastructure development in schools in Makueni County and in other underserved areas generally?

…………../Appendix

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c) Could the Ministry consider implementing the school feeding programme across Makueni County, which is drought-affected and food insecure, to improve school attendance and address undernutrition among children in the county?

……………

………………/Notice Paper

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NOTICE PAPER

Tentative Business for

Wednesday, May 07, 2025

(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 07, 2025 (Afternoon Sitting).

A. BILLS AT THE SECOND READING STAGE

i)

*THE PROVISION OF SANITARY TOWELS BILL (SENATE BILLS NO. 7 OF

2024) (Division) (Sen. Gloria Orwoba, MP)

ii)

*THE SPORTS (AMENDMENT) BILL (SENATE BILLS NO. 33 OF 2024)

(Division) (Sen. Edwin Sifuna, MP)

iii)

*THE SPORTS (AMENDMENT) (NO. 2) BILL (SENATE BILLS NO. 45 OF 2024)

(Sen. (Prof.) Tom Ojienda, MP and Sen. Raphael Chimera, MP)

iv)

*THE CREATIVE ECONOMY SUPPORT BILL (SENATE BILLS NO. 30 OF

2024) (Sen. Eddy Oketch, MP)

v)

*THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM

OFFICE) PROCEDURE BILL (SENATE BILLS NO. 34 OF 2024)

(Sen. Karungo Thang’wa, MP)

vi)

*THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO. 39

OF 2024)

(Sen. George Mbugua, MP)

vii)

*THE LABOUR MIGRATION AND MANAGEMENT (NO. 2) BILL (SENATE

BILLS NO. 42 OF 2024)

(Sen. Tabitha Mutinda, MP)

viii)

*THE STREET NAMING AND PROPERTY ADDRESSING SYSTEM BILL

(SENATE BILLS NO. 43 OF 2024)

(Sen. Fatuma Dullo, MP)

B. BILLS AT COMMITTEE OF THE WHOLE STAGE

i)

*THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE

BILLS NO. 54 OF 2023)

(Sen. Eddy Oketch, MP) ………………/Notice Paper

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ii)

**THE LOCAL CONTENT BILL (SENATE BILLS NO. 50 OF 2023)

(The Chairperson, Standing Committee on Energy)

iii)

*THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL (SENATE

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

C. MOTIONS

i)

REPORT OF THE JOINT SITTING OF THE NATIONAL ASSEMBLY

DEPARTMENTAL COMMITTEE ON FINANCE AND NATIONAL PLANNING

AND THE SENATE STANDING COMMITTEE ON FINANCE AND BUDGET

ON THE APPROVAL HEARING OF THE NOMINEES FOR APPOINTMENT TO

THE BOARD OF CENTRAL BANK OF KENYA (Question to be put) (The Chairperson, Standing Committee on Finance and Budget)

ii)

REPORT OF THE 14TH ORDINARY SESSION OF THE PLENARY ASSEMBLY

AND RELATED MEETINGS OF THE FORUM OF PARLIAMENTS OF THE

INTERNATIONAL CONFERENCE OF THE GREAT LAKES REGION, HELD

IN LIVINGSTONE, ZAMBIA, FROM 15TH TO 19TH APRIL, 2024(Question to be put) (Sen. Ali Ibrahim Roba, MP)

iii)

REPORT OF THE SENATE DELEGATION TO THE HIGH-LEVEL POLITICAL

FORUM (HLPF) 2024 ON SUSTAINABLE DEVELOPMENT (Question to be put) (Sen. Hamida Kibwana, MP)

iv)

REPORT OF THE STANDING COMMITTEE ON FINANCE AND BUDGET ON

THE FOURTH BASIS FOR ALLOCATING THE SHARE OF NATIONAL

REVENUE AMONG COUNTIES

(The Chairperson, Standing Committee on Finance and Budget)

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