Tuesday, April 15, 2025 At 2.30 P.m.

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Tuesday, 15 April 2025 Senate

Thirteenth Parliament

Fourth Session (No. 035) (570)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FOURTH SESSION)

THE SENATE

ORDER PAPER

TUESDAY, APRIL 15, 2025 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
  6. 6. Notices of Motion
  7. 7. Questions and Statements (as listed in the Appendix)
  8. 8. MOTION - REPORT OF THE STANDING COMMITTEE ON DEVOLUTION

AND

INTERGOVERNMENTAL

RELATIONS

AND

THE

STANDING

COMMITTEE ON JUSTICE, LEGAL AFFAIRS AND HUMAN RIGHTS ON A

PETITION TO THE SENATE BY MR. LABAN OMUSUNDI CONCERNING

RESTRAINING COUNTY GOVERNMENTS FROM HIRING LAW FIRMS TO

REPRESENT THEM IN COURT CASES

(The Chairperson, Standing Committee on Devolution and Intergovernmental Relations and the Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights)

THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations and the Standing Committee on Justice, Legal Affairs and Human Rights on a Petition to the Senate by Mr. Laban Omusundi concerning restraining county governments from hiring law firms to represent them in court cases, laid on the Table of the Senate on Thursday, 3rd April, 2025.

(Resumption of debate interrupted on Wednesday, 9th April, 2025 – Afternoon Sitting) (Question to be put)

………../Motion

(No. 035) TUESDAY, APRIL 15, 2025 (571)

  1. 9. MOTION - REPORT OF THE STANDING COMMITTEE ON DEVOLUTION

AND

INTERGOVERNMENTAL

RELATIONS ON ITS INQUIRY INTO

PERSONAL SECURITY CONCERNS RAISED BY HON. PHILOMENA

KAPKORY, DEPUTY GOVERNOR, TRANS NZOIA COUNTY

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

THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on its inquiry into the allegations on personal security concerns raised by Hon. Philomena Kapkory, Deputy Governor, Trans Nzoia County laid on the Table of the Senate on Tuesday, 1st October, 2024.

(Resumption of debate interrupted on Thursday, 10th April, 2025) (Question to be put)

  1. 10. COMMITTEE OF THE WHOLE

***THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILLS NO. 24 OF 2023)

(The Senate Majority Leader)

(Resumption of debate interrupted on Tuesday, 8th April, 2025) (Division)

  1. 11. *THE ENERGY (AMENDMENT) BILL (SENATE BILLS NO. 42 OF 2023)

(Sen. Edwin Sifuna, MP)

(Third Reading)

(Resumption of debate interrupted on Wednesday, 9th April, 2025 – Afternoon Sitting) (Division)

  1. 12. *THE COUNTY PUBLIC FINANCE LAWS (AMENDMENT) BILL (SENATE

BILLS NO. 39 OF 2023)

(Sen. Kathuri Murungi, MP)

(Third Reading)

Resumption of debate interrupted on Wednesday, 9th April, 2025 – Afternoon Sitting) (Division)

  1. 13. *THE COUNTY ASSEMBLY SERVICES (AMENDMENT) BILL (SENATE BILLS

NO. 34 OF 2023)

(Sen. Mohamed Chute, MP)

(Third Reading)

Resumption of debate interrupted on Wednesday, 9th April, 2025 – Afternoon Sitting) (Division) ………../Bills

(No. 035) TUESDAY, APRIL 15, 2025 (572)

  1. 14. ****THE COUNTY ASSEMBLIES PENSIONS SCHEME BILL (SENATE BILLS

NO. 14 OF 2024)

(The Senate Majority Leader)

(Third Reading)

Resumption of debate interrupted on Wednesday, 9th April, 2025 – Afternoon Sitting) (Division)

  1. 15. **THE LAND (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 40 OF

2022) (The Senate Majority Leader)

(Third Reading)

Resumption of debate interrupted on Wednesday, 9th April, 2025 – Afternoon Sitting) (Division)

  1. 16. THE COUNTY HALL OF FAME BILL (SENATE BILLS NO. 18 OF 2023)

(Sen. Miraj Abdillahi Abdulrahman, MP)

(Second Reading)

  1. 17. *THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

(Second Reading)

  1. 18. *THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

(Second Reading)

  1. 19. *THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)

(AMENDMENT) BILL (SENATE BILLS NO. 1 OF 2024)

(Sen. Kathuri Murungi, MP)

(Second Reading)

  1. 20. *THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE BILLS

NO. 3 OF 2024)

(Sen. Ledama Olekina, MP and Sen. William Kisang, MP)

(Second Reading)

  1. 21. *THE COUNTY STATISTICS BILL (SENATE BILLS NO. 5 OF 2024)

(Sen. Ali Ibrahim Roba, MP)

(Second Reading) ………../Bills

(No. 035) TUESDAY, APRIL 15, 2025 (573)

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

2024) (Sen. Gloria Orwoba, MP) (Second Reading)

  1. 23. *THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE BILLS

NO. 20 OF 2024)

(Sen. Karungo Thangwa, MP and Sen. Godfrey Osotsi, MP)

(Second Reading)

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

(Sen. Edwin Sifuna, MP)

(Second Reading)

  1. 25. COMMITTEE OF THE WHOLE

*THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE

BILLS NO. 54 OF 2023)

(Sen. Eddy Oketch, MP)

  1. 26. COMMITTEE OF THE WHOLE

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

(The Chairperson, Standing Committee on Energy)

  1. 27. COMMITTEE OF THE WHOLE

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

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

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

KEY

****- Denotes a Majority /Minority Party Bill

***- Denotes a National Assembly Bill

**- Denotes a Committee Bill

*- Denotes any other Bill

-----------XXX----------

…………../Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (574)

NOTICE OF AMENDMENTS

A. ***THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILLS NO. 24 OF 2023)

(The Senate Majority Leader)

i. NOTICE is given that the Chairperson, Senate Standing Committee on National Security, Defence and Foreign Relations, intends to move the following amendments to the National Disaster Risk Management Bill (National Assembly Bills No. 24 of 2023), at the Committee Stage —

CLAUSE 6

THAT Clause 6 of the Bill be amended by deleting subclause (2) and substituting therefor, the following new subclause – (2) The Authority shall collaborate with the County Disaster Risk Management Committees in all counties in the discharge of its functions.

CLAUSE 7

THAT Clause 7 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (m) — (ma) develop climate change adaptation strategies to prevent, respond and mitigate the effects of disasters arising as a result of climate change; (mb) carry out and coordinate national damage and loss assessment in respect to disasters; (mc) carry out bi-annual national drill exercises as part of disaster risk management preparedness.

CLAUSE 9

THAT Clause 9(1) of the Bill be amended in paragraph (f) by deleting the word “Governors” appearing immediately after the words “Council of” and substituting therefor the words “County Governors or a representative designated in writing”.

CLAUSE 10

THAT clause 10 of the Bill be amended in subclause (2) by deleting paragraph (g).

……………/Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (575)

CLAUSE 27

THAT clause 27(1) of the Bill be amended in the introductory clause by inserting the words “in consultation with County Governments” immediately after the words “The Authority shall”.

CLAUSE 28

THAT clause 28 of the Bill be amended in subclause (1) by inserting the following new paragraph immediately after paragraph (d) — (c) develop a national multi-hazard early warning system and guidelines for its implementation.

CLAUSE 29

THAT clause 29 of the of the Bill be amended in subclause (8) by inserting the words “in consultation with the Council of County Governors” immediately after the words “Cabinet Secretary shall”.

CLAUSE 32

THAT clause 32(1) of the Bill be amended – (a) by deleting paragraph (b); (b) in paragraph (c) by inserting the words “in collaboration with the County Disaster Risk Management Centers,” immediately before the word “formulate”; (c) in paragraph (h) by inserting the words “in collaboration with the County Disaster Risk Management Centre and the Authority,” immediately after the word “oversee”; and (d) in paragraph (m) by inserting the words “and the respective county assembly” immediately after the words “to the Authority”.

NEW CLAUSES

THAT the Bill be amended by inserting the following new clauses immediately after clause 41— Establishment of the Disaster Management Fund. Cap 412A. 41A. (1) There is established the Disaster Risk Management Fund which shall be administered in accordance with section 24 of the Public Finance Management Act.

(2) The Director-General of the Authority shall be the administrator of the Fund. ………../Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (576)

Sources of the Fund 41B. The Fund shall consist of —

(a) such moneys as may be appropriated by the National Assembly;

(b) grants or donations for the purposes of the Fund;

(c) income generated from the proceeds of the Fund; and

(d) any moneys accruing to or received by the Fund from any other lawful source, as may be approved by the Cabinet Secretary for the time being responsible for finance.

Objects of the Fund 41C. The Fund shall — (a) be utilized towards the provision of funds for disaster prevention, preparedness, mitigation, response and recovery measures; (b) provide a common basket for receipt and disbursement of funds for disaster management; (c) support capacity development of county governments and other institutions mandated with disaster management; (d) support agencies dealing with early warning systems for disaster management; (e) support the implementation of programmes, projects or activities to further the objectives of this Act; and (f) support any other purpose approved by the Board that would enhance the development and promotion of prudent disaster management in the country.

Consolidation of Public funds related to disaster management 41D. All public funds established for the purpose of disaster management prior to the commencement of this Act shall be consolidated into the Fund, except funds —

(a) established to support institutions created under an Act of Parliament; or (b) established by county governments.

…………/Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (577)

Tax Exemptions on Disaster Management Assistance. 41E. The Cabinet Secretary responsible for finance may, by regulation, exempt all materials, articles, goods or equipment intended for the use of disaster management activities from import duty, value added tax, demurrage charges, port charges and any other tax as may be determined.

CLAUSE 2

THAT the Bill be amended in clause 2 by inserting the following new definition immediately after the definition of the words “climate change” —

“climate change adaptation” means adjustments to ecological, social or economic systems in response to actual or expected climatic impacts, in order to moderate potential damages or to benefit from opportunities associated with climate change.

ii. NOTICE is given that Sen. Mohammed Chute, intends to move the following amendments to the National Disaster Risk Management Bill (National Assembly Bills No. 24 of 2023), at the Committee Stage —

CLAUSE 3

THAT clause 3 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (b) –

(ba) provide for appropriate and dignified assistance and relief to victims and casualties of disasters;

(bb) promote inclusiveness and a multidisciplinary and multisectoral approach to disaster management.

CLAUSE 4

THAT clause 4 of the Bill be amended by deleting paragraph (e) and substituting therefor the following new paragraph —

(e) the national values and principles of governance under Article 10 of the Constitution.

…………../Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (578)

CLAUSE 52

THAT clause 52 of the Bill be amended –

(a) by deleting the heading to Part VII and substituting therefor the following new heading –

PART VII – MISCELLANEOUS PROVISIONS

(b) in subclause (2) by inserting the following new paragraph immediately after paragraph (h) —

(ha) protection of emergency responders during emergency and disaster response.

NEW CLAUSES

THAT the bill be amended by inserting the following new clauses immediately after clause 52—

Amendment to Cap. 412A. 52A. The Public Finance Management Act is amended –

(a) in section 2 by inserting the following new definitions in their proper alphabetical order –

“emergency” has the meaning assigned to it under section 2 of the National Disaster Risk Management Act; and

“Disaster” has the meaning assigned to it under section 2 of the National Disaster Risk Management Act;

(b) in section 110 by –

(i) deleting the word “may” appearing immediately after the words “Executive Committee” and substituting therefor the word “shall” in the marginal note; and

(ii) deleting the word “may” appearing immediately after the words “Executive Committee” and substituting therefor the word “shall” in subsection (1); …………../Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (579)

(c) in section 112 by deleting subsection (2) and substituting therefor the following new subsection –

(2) For the purposes of subsection (1), there is an urgent and unforeseen need for expenditure if –

(a) the expenditure is required to respond to an emergency or disaster in accordance with the National Disaster Risk Management Act;

(b) the emergency or disaster could not have been foreseen through the normal planning and budgeting process; and

(c) delay in making the expenditure would result in significant harm to life and property.

(d) in section 113 by –

(i) renumbering the existing provision as subsection (1); and

(ii) inserting the following new subsection immediately after subsection (1) –

(2) Notwithstanding subsection (1), the County Executive Committee member may, in order to effectively respond to an emergency or disaster and with the approval of the county assembly, exceed the limit prescribed under subsection (1) provided that —

(a) the total payment does not exceed five percent of the total county government revenue as shown in that county government’s audited financial statements for the previous financial year; and (b) the additional amount is used solely for emergency or disaster response and recovery.

…………../Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (580)

CLAUSE 2

THAT clause 2 of the Bill be amended by inserting the following definitions in their proper alphabetical order –

“emergency” means an actual or imminent situation that arises suddenly, poses immediate threat to life, health, property, environment, infrastructure, economic stability or public order and that – (a) requires prompt coordinated action to protect life and property and restore essential services; (b) may be caused by natural, technological, human-induced, health or industrial incidents; and (c) exceeds normal response capabilities requiring multi-agency intervention;

“emergency responder” refers to a person involved in an organized response to a potential, actual or impending emergency, including but not limited to firefighters, police officers, emergency medical personnel, county government emergency management personnel, national government emergency management personnel, military personnel or an officer of a recognized humanitarian organization dealing with disaster response.

…………../Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (581)

B. *THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE

BILLS NO. 54 OF 2023)

(Sen. Eddy Oketch, MP)

NOTICE is given that the Chairperson, Standing Committee on Education intends to move the following amendments to the Early Childhood Education Bill (Senate Bills No. 54 of 2023), at the Committee Stage—

CLAUSE 2

THAT clause 2 of the Bill be amended by deleting the proposed subsection (2A) and substituting therefor the following new subsection —

(2A) A County Government shall take into account the following factors when determining the remuneration payable to an early childhood education teacher — (a) the minimum rate advised by the Salaries and Remuneration Commission; (b) minimum wage; (c) the qualification of individual teachers; and (d) any other relevant factor.

…………../Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (582)

C. *THE LOCAL CONTENT (AMENDMENT) BILL, 2023 (SENATE BILL NO.

50 OF 2023)

(The Chairperson, Standing Committee on Energy)

NOTICE is given that the Chairperson, Standing Committee on Energy, intends to move the following amendments to the Local Content (Amendment) Bill (Senate Bill No. 50 of 2023), at the Committee Stage—

CLAUSE 7

THAT clause 7 of the Bill be amended in paragraph (b) by — (a) deleting subparagraph (iii); (b) deleting the words “and implementation” in subparagraph (iv) appearing immediately after the words “the development; and (c) deleting subparagraph (v) and substituting therefor the following new subparagraph— (v) provision of guidelines to ensure local content activities shall include the participation of local persons at a quota of not less than thirty percent.

CLAUSE 10

THAT clause 10 of the Bill be amended in subclause (1) by — (a) inserting the word “relevant” immediately after the words “advise the” in paragraph (b); and (b) inserting the word “relevant” immediately after the words “recommendations to the” in paragraph (c).

CLAUSE 11

THAT clause 11 of the Bill be amended in paragraph (a) by deleting the word “six” appearing immediately after the words “period of” and substituting therefor the word “twelve”.

CLAUSE 12

THAT clause 12 of the Bill be amended in subclause (1) by —

…………../Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (583)

(a) deleting paragraph (a) and substituting therefor the following new paragraph— (a) a chairperson who shall be competitively recruited by the Public Service Commission and appointed by the President by notice in the Gazette. (b) deleting paragraph (c) and substituting therefor the following new paragraph— (c) the Principal Secretary responsible for matters relating to mining or a representative designated in writing; (c) deleting paragraph (f) and substituting therefor the following new paragraphs— (f) one person nominated by players in the oil and gas industry in such a manner as the Cabinet Secretary responsible for matters related to oil and gas shall determine; (fa) one person nominated by players in the mining industry in such a manner as the Cabinet Secretary responsible for matters related to mining shall determine; (d) deleting subclause (2) and substituting therefor the following new subclause— (2) The persons nominated under subclause (1)(f) and (fa) shall be appointed by the relevant Cabinet Secretary by notice in the Gazette. (e) deleting subclause (3) and substituting therefor the following subclause— (1) There shall be paid to the members of the Committee such allowances as the Cabinet Secretaries responsible for matters related to petroleum, oil and mining may, in consultation with the Salaries and Remuneration Commission, determine.

CLAUSE 16

THAT clause 16 of the Bill be amended in subclause (1) by — (a) inserting the word “relevant” in paragraph (e) immediately after the words “addressed to the”; and

(b) inserting the word “relevant” in paragraph (f) immediately after the words “office by the”.

………../Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (584)

CLAUSE 19

THAT clause 19 of the Bill be amended by deleting clause 19 and substituting therefor the following new clause—

Secretariat. 19. (1) The relevant Cabinet Secretaries responsible for matters related to the extractive industry shall designate an appropriate administrative unit that includes representation from each of their respective Ministries to serve as the Secretariat of the Committee.

(2) The Secretariat shall consist of — (a) a director, who shall be competitively recruited and appointed by the Public Service Commission. (b) such other public officers from each relevant Ministry responsible for matters related to the extractive industry as the Cabinet Secretaries shall, in consultation with the Committee, designate for the proper performance of the functions of the Secretariat under this Act. (3) Without prejudice to subsection (2), a person is qualified to be appointed as a director, if that person— (a) is a citizen of Kenya;

(b) holds a degree in matters related to oil, gas and mining from a university recognized in Kenya; (c) has had at least ten years proven experience at management level; and (d) meets the requirements of Chapter Six of the Constitution.

(2) Director shall hold office for a term of four years, renewable for one further term.

CLAUSE 21

THAT clause 21 of the Bill be amended in subclause (1) by inserting the word “relevant” immediately before the words “Cabinet Secretary”.

CLAUSE 22

THAT clause 22 of the Bill be amended in subclause (5) by inserting the word “relevant” in paragraph (f) immediately after the words “plans as the”. ………../Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (585)

CLAUSE 24

THAT clause 24 of the Bill be amended by deleting the introductory clause of subclause (1) and substituting therefor the following new introductory clause— (1) The Committee shall prescribe rules on local content certification and in doing shall—

CLAUSE 28

THAT clause 28 of the Bill be amended in subclause (2) by inserting the word “relevant” in paragraph (c) immediately after the words “prescribed by the”.

CLAUSE 30

THAT clause 30 of the Bill be amended in — (a) subclause (1) by inserting the word “relevant” immediately before the words “Cabinet Secretary”; and (b) subclause (2) by inserting the word “relevant” immediately before the words “Cabinet Secretary”.

CLAUSE 31

THAT clause 31 of the Bill be amended in the introductory clause by inserting the word “relevant” immediately before the words “Cabinet Secretary shall”.

CLAUSE 37

THAT clause 37 of the Bill be amended in - (a) subclause (1) by inserting the word “relevant” immediately after the words “operator as the”; (b) subclause (3) by inserting the words “relevant” immediately after the words “in consultation with the”.

CLAUSE 43

THAT clause 43 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclause –

…………./Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (586)

(2) Despite subsection (1), where the goods or services required in relation to an extractive activity are not available locally, the relevant Cabinet Secretary may, subject to such conditions as the relevant Cabinet Secretary may impose, authorise the continued importation of the required goods or service.

CLAUSE 44

THAT clause 44 of the Bill be amended in — (a) subclause (2) by inserting the word “relevant” immediately after the words “consultation with the”; and (b) subclause (3) by inserting the word “relevant” immediately after the words “prescribed by the”.

CLAUSE 45

THAT clause 45 of the Bill be amended in subclause (1) by inserting the word “relevant” immediately after the words “provisions of this Act, the”.

CLAUSE 47

THAT clause 47 of the Bill be amended by — (a) deleting subclause (2) and substituting therefor the following new subclause— (2) An operator shall annually remit a tax-deductible training levy consisting of such percentage of its net revenues as the relevant Cabinet Secretary may, in consultation with the Committee, prescribe to the Fund in support of the objectives of this Act. (b) by deleting subclause (3) and substituting therefor the following new subclause— (3) The Cabinet Secretary responsible for matters relating to mining shall, in consultation with the Cabinet Secretary responsible for matters relating to oil, gas and other petroleum resources and the Committee, prescribe in regulations under the Act the manner in which the Fund shall be operated and applied.

CLAUSE 48

THAT clause 48 of the Bill be amended in subclause (5) by inserting the word “relevant” immediately after the words “approval of the”.

…………./Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (587)

CLAUSE 50

THAT clause 50 of the Bill be amended in — (a) subclause (2) by inserting the word “relevant” immediately after the words “submit to the”; (b) subclause (3) by inserting the word “relevant” immediately after the words “submit to the”.

CLAUSE 52

THAT clause 52 of the Bill be amended in clause (1) by inserting the word “relevant” immediately after the words “make recommendations”.

CLAUSE 53

THAT clause 53 of the Bill be amended in clause (1) by inserting the word “relevant” immediately before the words “Cabinet Secretary”.

CLAUSE 56

THAT clause 56 of the Bill be amended by inserting the word “relevant” immediately before the words “Cabinet Secretary”.

CLAUSE 57

THAT clause 57 of the Bill be amended — (a) by deleting subclause (1) and substituting therefor the following subclause— (1) The Cabinet Secretary responsible for matters relating to mining shall, in consultation with the Cabinet Secretary responsible for matters relating to oil, gas, and other petroleum resources and the Committee, make regulations generally for the better carrying out of the provisions of this Act. (b) in subclause (2) by deleting the word “Secretary” appearing immediately after the words “the Cabinet” and substituting therefor the word “Secretaries”.

…………./Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (588)

NEW CLAUSES

CLAUSES 20A TO 20C

THAT the Bill be amended by inserting the following clauses immediately after clause 20— General fund. 20A. (1) There shall be a general fund of the Committee which shall vest in the Committee. (2) There shall be paid into the general fund— (a) such monies or assets as may accrue to or vest in the Committee in the course of the exercise of its powers or the performance of its functions under this Act; (b) annual contributions from the ministries responsible for matters related to the extractive industry, (c) all monies from any other source provided for or donated or lent to the Committee.

Annual estimates. 20B (1) At least three months before the commencement of each financial year, the Committee shall cause to be prepared estimates of the revenue and expenditure of the Committee for that year. (2) The Committee shall approve the annual estimates before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary's approval, the Authority shall not increase the annual estimates without the consent of the Cabinet Secretary.

Accounts and audit.

20C (1) The Committee shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Committee.

…………./Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (589)

Cap. 412A. (2) Within a period of three months from the end of each financial year, the Committee shall submit to the Auditor-General the accounts of the Committee together with— (a) a statement of the income and expenditure of the Committee during that year; and (b) a statement of the assets and liabilities of the Committee on the last day of that year. (3) The annual accounts of the Committee shall be prepared, audited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Financial Management Act.

THAT the Bill is amended by inserting the following new clauses immediately after clause 58—

CLAUSE 59 TO 61

THAT the Bill is amended by inserting the following new clauses immediately after clause 58.

Amendment to Cap.306.

  1. 59. The Mining Act is amended by—

(a) repealing Section 46; (b) repealing Section 47; (c) repealing Section 49; and (d) repealing Section 50.

Amendment to Cap.308.

  1. 60. The Petroleum Act is amended by

deleting Part VI. Amendment to Cap.314.

  1. 61. The Energy Act is amended by—

(a) in Section 10 by repealing paragraph (ee); (b) repealing Section 206; and (c) repealing Section 207.

CLAUSE 2

THAT clause 2 of the Bill be amended by deleting the definition of the term “Cabinet Secretary” and substituting therefor the following new definition—

…………./Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (590)

“Cabinet Secretary means either the Cabinet Secretary responsible for matters relating to oil, gas and other petroleum resources or the Cabinet Secretary responsible for matters relating to mining as the case may be”

LONG TITLE

THAT the long title of the Bill be amended by deleting the long title and substituting therefor the following new long title –

A Bill for

AN ACT of Parliament to provide for a framework to facilitate the local ownership, control, and financing of activities connected with the exploitation of gas, oil, other petroleum resources, and mineral resources; to provide a framework to increase local value capture along the value chain in the exploration of gas, oil, other petroleum resources, and minerals; and for connected purposes.

…………./Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (591)

D. *THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL

(SENATE BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

NOTICE is given that the Chairperson Standing Committee on Trade, Industrialization and Tourism intends to move the following amendments to the Street Vendors (Protection of Livelihood) Bill (Senate Bills No. 41 of 2023) at the Committee Stage—

CLAUSE 4

THAT clause 4 of the Bill be amended —

(a) in subclause (1) by –

(i) deleting paragraph (a);

(ii) deleting the words “the minimum standards” appearing immediately after the words “relevant stakeholders, the” in paragraph (b) and substituting therefor the words “national guidelines”;

(iii) deleting paragraph (c);

(iv) deleting paragraph (d); and

(v) inserting the words “and taking into consideration universal design principles” immediately after the words “street vending” in paragraph (e).

(b) in subclause (2) by –

(i) inserting the word “and” immediately after the words “delegate to the unit;” in paragraph (a);

(ii) deleting the words “the unit and;” appearing immediately after the words “to serve in” and substituting therefor the words “the unit.” in paragraph (b); and

(iii)deleting paragraph (c).

CLAUSE

THAT clause 5 of the Bill be amended in subclause (1) by deleting the word “county” appearing immediately after the words “notice in the”.

…………./Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (592)

CLAUSE 7

THAT clause 7 of the Bill be amended in subclause (2) by deleting the word “county” appearing immediately after the words “in the”.

CLAUSE 8

THAT clause 8 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclause —

(2) The county executive committee member shall — (a) not designate a market as a no-vending zone; and (b) in designating a no-vending zone consider existing businesses in the zone.

CLAUSE 9

THAT clause 9 of the Bill be amended in the marginal note by inserting the word “vending” appearing immediately after word “unauthorised”.

CLAUSE 10

THAT clause 10 of the Bill be amended in subclause (2) by deleting paragraph (b) and substituting therefor the following new paragraph –

(b) maintain a register of vending zones within the county.

CLAUSE 12

THAT clause 12 of the Bill be amended in subclause (2) by deleting the word “security,” appearing immediately after the words “limited to”.

CLAUSE 13

THAT clause 13 of the Bill be amended in subclause (5) by deleting the words “including water, lighting, security and waste disposal facilities” appearing immediately after the words “essential facilities”.

CLAUSE 14

THAT clause 14 of the Bill be amended in paragraph (a) by deleting the word “enact” appearing at the beginning of the paragraph and substituting therefor the word “formulate”.

…………./Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (593)

CLAUSE 15

THAT clause 15 of the Bill be amended –

(a) in subclause (2) by inserting the words “including street vendors with disabilities” immediately after the words “vendors in the county” in paragraph (b);

(b) by deleting subclause (3);

(c) in subclause (4) by deleting the words “to regulate inter-county mobility trade” appearing immediately after the words “registration of foreigners”;

(d) by inserting the following new subclause immediately after subclause (4) —

(4A) The Cabinet Secretary shall in formulating regulations under subclause (4) adhere to treaties and conventions ratified by Kenya pursuant to Article 2(6) of the Constitution.

CLAUSE 16

THAT clause 16 of the Bill be amended in subclause (1) by deleting the words “with the respective county executive committee member” appearing immediately after the words “registered as a street vendor”.

CLAUSE 17

THAT clause 17 of the Bill be amended in subclause (5) by inserting the following new paragraph after paragraph (f) —

(fa) disability registration details for a street vendor with disability;

CLAUSE 21

THAT clause 21 of the Bill be amended –

(a) by inserting the following new subclause immediately after subclause (3);

(3A) A street vendor aggrieved by the decision of the county government in subclause (3) may apply to the county government for a review of the decision.

(b) in subclause (4) by deleting the words “relevant county tribunal” appearing immediately after the words “may appeal to the” and substituting therefor the words “appeals committee.”; and

…………./Notice of Amendments

(No. 035) TUESDAY, APRIL 15, 2025 (594)

(c) inserting the following new subclause immediately after subclause (4)—

(4A) A vendor who is further aggrieved by the decision of the county tribunal under this section may seek judicial review of the committee’s decision.

CLAUSE 22

THAT clause 22 of the Bill be amended in subclause (2) by inserting the words “responsible for public health” immediately after the words “county executive committee member”.

CLAUSE 24

THAT clause 24 be amended by deleting subclause (1) and substituting therefor the following subclause —

(1) Every street vendor has the right within a vending zone and adjacent areas as may be determined by the county executive member, to access essential facilities of reasonable quality including but not limited to lighting and accessible sanitation and parking facilities.

CLAUSE 31

THAT the Bill be amended in clause 31 by deleting the words “one hundred thousand shillings” appearing immediately after the words “fine not exceeding” and substituting therefor the words “fifty thousand shillings”.

SCHEDULE

THAT the Schedule be amended in paragraph (1) by inserting the following new sub-paragraph immediately after sub-paragraph (c);

(ca) be prepared pursuant to National and county planning laws;

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

………../Appendix

(No. 035) TUESDAY, APRIL 15, 2025 (595)

APPENDIX

QUESTIONS AND STATEMENTS

a) Statements Pursuant to Standing Order 53 (1)

i) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the status of infrastructure development along the Kisumu – Busia road corridor.

ii) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries concerning the status of market access for local farmers in Kisumu County.

iii) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Education regarding the elevation of Kisumu National Polytechnic to a Technical University.

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

……………./Notice Paper I

(No. 035) TUESDAY, APRIL 15, 2025 (596)

NOTICE PAPER I

Tentative Business for Wednesday, April 16, 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, April 16, 2025 (Morning Sitting).

A. QUESTIONS

055 Sen. James Lomenen, MP Deployment of communication masts and systems in high-risk areas in Turkana County Information, Communication and the Digital Economy 052 Sen. Catherine Mumma, MP Alignment of the curriculum and training in the County Vocational Training Centers (VTCs) with the standards in National Technical and Vocational Education and Training (TVET) institutions Education 058 Sen. Edwin Sifuna, CBS, MP Financial crisis at the Technical University of Kenya (TUK) Education 060 Sen. George Mbugua, MP Inclusion and support for learners with hearing impairment in pre- primary and lower primary school Education 061 Sen. Joyce Korir, CBS, MP Low absorption rate of teachers by the Teachers Service Commission

(TSC)

Education 064 Sen. (Dr.) Boni Khalwale, CBS, MP Review of the remuneration of primary school headteachers

…………/Notice Paper I

Education

(No. 035) TUESDAY, APRIL 15, 2025 (597)

013 Sen. James Murango, MP Establishment of the Intelligence Service Complaints Board Interior and National Administration 018 Sen. James Murango, MP Clashes in South Ngariama Ranching Scheme in Mwea Constituency Interior and National Administration 026 Sen. (Dr.) Boni Khalwale, CBS, MP Rising incidents of violence at public functions in Kakamega County attended by politicians Interior and National Administration 028 Sen. (Prof.) Tom Ojienda, SC, MP Operationalization of Kabonyo Kanyagwal Division, Kanyakwar Location and Obunga Sub-Location in Kisumu County Interior and National Administration 029 Sen. (Prof.) Tom Ojienda, SC, MP Account of civilian deaths, injuries and property loss reported during the Gen Z-led demonstrations in June, July and August 2024 Interior and National Administration 041 Sen. Daniel Maanzo, EBS, MP Increasing cases of abductions across the country Interior and National Administration 044 Sen. Edwin Sifuna, CBS, MP The National Police Service (NPS) Promotion Board interviews Interior and National Administration 049 Sen. Shakila Abdalla, MP Lifting of the ban on night travel for Public Service Vehicles (PSVs) along the Lamu-Witu- Garsen Road Interior and National Administration 051 Sen. Catherine Mumma, MP Gender parity among national government administrative officers and police officers

…………/Notice Paper I Interior and National Administration

(No. 035) TUESDAY, APRIL 15, 2025 (598)

054 Sen. James Lomenen, MP Establishment of an immigration post at the Kenya-Ethiopia border in Todonyang’ area Interior and National Administration 056 Sen. James Lomenen, MP Government initiatives to enhance security along the Kenya-Ethiopia border Interior and National Administration 059 Sen. James Lomenen, MP Promotion of local suppliers’ and contractors’ participation in procurement processes for security bases in Turkana County Interior and National Administration 062 Sen. Joyce Korir, CBS, MP Status of investigations into the fatal shooting of Mr. Victor Kipngeno Mutai Interior and National Administration

B. MOTIONS

i)

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

(Sen. Ali Ibrahim Roba, MP)

ii)

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)

iii)

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)

iv)

REPORT OF THE SENATE DELEGATION TO THE HIGH-LEVEL POLITICAL

FORUM (HLPF) 2024 ON SUSTAINABLE DEVELOPMENT

(Sen. Hamida Kibwana, MP)

-----------

……………./Notice Paper II

(No. 035) TUESDAY, APRIL 15, 2025 (599)

NOTICE PAPER II

Tentative Business for Wednesday, April 16, 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, April 16, 2025 (Afternoon Sitting).

A. BILLS AT THE SECOND READING STAGE

i)

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

2024) (Sen. Eddy Oketch, MP)

ii)

*THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM

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

(Sen. Karungo Thang’wa, MP)

iii)

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

39 OF 2024)

(Sen. George Mbugua, MP)

iv)

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

BILLS NO. 42 OF 2024)

(Sen. Tabitha Mutinda, MP)

v)

*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 CO-OPERATIVE SOCIETIES (AMENDMENT) BILL (SENATE BILLS

NO. 53 OF 2023)

(Sen. Mariam Sheikh Omar, MP)

ii.)

****THE PUBLIC FUNDRAISING APPEALS BILL (SENATE BILLS NO. 36 OF

2024) (The Senate Majority Leader)

iii.)

**THE HERITAGE AND MUSEUMS BILL (SENATE BILLS NO. 8 OF 2023)

(The Chairperson, Standing Committee on Labour and Social Welfare)

iv.)

*THE COUNTY LIBRARY SERVICES BILL (SENATE BILLS NO. 40 OF 2024)

(Sen. Joyce Korir, MP)

……………./Notice Paper II

(No. 035) TUESDAY, APRIL 15, 2025 (600)

v.)

****THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (SENATE BILLS

NO. 10 OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

C. MOTIONS

i)

ESTABLISHMENT OF NATIONAL TEACHING AND REFERRAL HOSPITALS IN

KENYA

(Sen. Johnes Mwaruma, MP)

ii)

CONSOLIDATION OF BURSARY FUNDS FOR EQUITABLE ACCESS TO

EDUCATION IN KENYA

(Sen. Karungo Thangwa, MP)

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