Wednesday, November 27, 2024 At 9.30 A.m.

Thirteenth Parliament

Third Session (No. 128) (2799)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

MORNING SITTING

WEDNESDAY, NOVEMBER 27, 2024 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 (as listed in the Appendix)
6. 6. Notices of Motion
7. 7. Questions and Statements
8. 8. MOTION - DEBATE ON THE PRESIDENT’S ADDRESS TO PARLIAMENT

– (2ND DAY)

(The Senate Majority Leader)

THAT, pursuant to Standing Order 27 (6), the Senate -

a) records its thanks for the exposition of public policy contained in the Address of His Excellency the President, delivered on Thursday, 21st November, 2024 and laid on the Table of the Senate on Tuesday, 26th November, 2024; and

b) notes the following Reports submitted by His Excellency the President in fulfilment of Articles 132 (1) (c) (1) and 240 (7) of the Constitution, laid on the Table of the Senate on Tuesday, 26th November, 2024 –

i.) The Eleventh (11th) Annual Report (2023/2024), on the Measures Taken and Progress Achieved in the Realization of National Values and Principles of Governance; and

………../Motions

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2800)

ii.) The Annual Report on the State of National Security for the period 1st September, 2023 – 31st August, 2024.

(Resumption of debate interrupted on Tuesday, 26th November, 2024) (Question to be put)

1. 9. MOTION - REPORT OF THE MEDIATION COMMITTEE ON THE DIVISION

OF REVENUE (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 38

OF 2024)

(The Vice-Chairperson, Mediation Committee)

THAT, the Senate adopts the Report of the Mediation Committee on the Division of Revenue (Amendment) Bill (National Assembly Bills No. 38 of 2024), laid on the table of the Senate on Tuesday, 26th November, 2024 and further that pursuant to Article 113 (2) of the Constitution and Standing Order 167 (3) of the Senate, approves the mediated version of the Bill.

1. 10. MOTION

–

CONSIDERATION

OF

THE

NATIONAL

ASSEMBLY

AMENDMENTS TO THE COTTON INDUSTRY DEVELOPMENT BILL

(SENATE BILLS NO. 5 OF 2023)

(The Chairperson, Standing Committee on Agriculture, Livestock and Fisheries)

THAT, the National Assembly amendments to the Cotton Industry Development Bill (Senate Bills No. 5 of 2023) be now considered.

1. 11. 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; ………./Motions

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2801)

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.

(Resumption of debate interrupted on Tuesday, 12th November, 2024) (Balance of time – 1 hr 51mins)

1. 12. MOTION - REPORT OF THE 9TH INTER-PARLIAMENTARY UNION (IPU)

GLOBAL CONFERENCE OF YOUNG PARLIAMENTARIANS HELD IN

HANOI, VIETNAM FROM 15TH TO 17TH SEPTEMBER, 2023

(Sen. John Methu, MP)

THAT, the Senate notes the Report of the 9th Inter-Parliamentary Union (IPU) Global Conference of Young Parliamentarians held in Hanoi, Vietnam from 15th to 17th September, 2023 laid on the table of Senate on Tuesday, 5th March, 2024.

1. 13. 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.

………./Motions

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1. 14. MOTION – 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)

THAT, the Senate notes the 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 laid on the Table of the Senate on Thursday, 30th May, 2024.

1. 15. MOTION - REPORTS OF THE 63RD AND 64TH SESSIONS OF THE OACPS

PARLIAMENTARY ASSEMBLY AND THE 43RD AND 1ST SESSIONS OF

THE ACP-EU JOINT PARLIAMENTARY ASSEMBLY MEETINGS HELD

IN BRUSSELS, BELGIUM AND LUANDA, ANGOLA RESPECTIVELY

(Sen. Kathuri Murungi, MP)

THAT, the Senate notes the Reports of the-

(i) 63rd Session of the Organization of African, Caribbean and Pacific States (OACPS) Parliamentary Assembly and the 43rd Session of the African, Caribbean and Pacific -European Union (ACP-EU) Joint Parliamentary Assembly meetings in held Brussels, Belgium from 19th to 28th June, 2023; and

(ii) 64th Session of the Organization of African, Caribbean and Pacific States (OACPS) Parliamentary Assembly and the 1st Session of the African, Caribbean and Pacific -European Union (ACP-EU) Joint Parliamentary Assembly meetings in held in Luanda, Angola from 17th to 21st February, 2024,

laid on the table of Senate on Wednesday, 6th December, 2023 and Wednesday, 2nd October, 2024 respectively.

1. 16. 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.

………./Motions

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1. 17. MOTION - ESTABLISHMENT OF A MONTHLY CAR FREE DAY AND

COUNTY CAR FREE ZONES

(Sen. Crystal Asige, MP)

THAT, AWARE THAT Kenyans have a right to a clean and healthy environment pursuant to Article 42 of the Constitution;

NOTING THAT the National Climate Change Action Plan identifies transportation as the fourth largest contributor to greenhouse gas emissions, which if uncontrolled, will result to negative impact of climate change with adverse effect to millions of Kenyans;

CONCERNED THAT the number of private vehicles has significantly grown, leading to increased road accidents, carbon emission and vehicle congestion, costs of which are in excess of Kshs. 100 billion in GDP per year;

NOW THEREFORE the Senate urges the Ministry of Roads and Transport, Ministry of Environment, Climate Change and Forestry, in collaboration with the Council of Governors and the National Climate Change Council to –

i.) identify, publicize and execute suitable monthly car-free days and County car-free zones in urban areas across the country;

ii.) Identify and develop County car-free zones, also known as “pedestrians’ precincts”, in urbanized areas, where its infrastructure and activities are restricted to pedestrians alone;

iii.) provide affordable, safe and universally designed public transport access to and around these car-free zones, including, but not limited to, development of Bus Rapid Transport (BRT) in the urban areas;

iv.) Design inclusive mobility infrastructure that supports non – motorized transport facilities, such as pedestrian spaces, bicycle lanes and green spaces, within the Central Business District of every County; and

v.) ensure inter-modal connectivity among the various transport modes.

1. 18. MOTION - DEVELOPMENT OF A POLICY AND LAW FOR SOCIAL RISK

MANAGEMENT IN INFRASTRUCTURE DEVELOPMENT PROJECTS IN

KENYA

(Sen. Catherine Mumma, MP)

AWARE THAT the Constitution has entrenched a strong Bill of Rights in Chapter 4, which recognizes human rights including socio-economic rights and the principle of equality and non-discrimination;

FURTHER AWARE THAT Kenya lacks a policy for guiding the management of these Social Risks in the design and implementation of infrastructure projects;

………./Motions

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2804)

CONCERNED THAT inadequate attention to social risks in the planning and implementation of development projects at both national and county levels makes them unacceptable and end up costing the taxpayer colossal sums of money in suits filed before the courts and tribunals by local communities and affected interest groups seeking protection from such social risks;

NOW, THEREFORE, the Senate resolves that:

1. 1. The National and County Governments develop a Social Risk

Management Policy that outlines the standards, guidelines and procedures for guiding infrastructure and other development projects both at the national and county governments; and

1. 2. The national executive establishes an independent multi-sectoral

agency under the authority of the Cabinet secretary in charge of Social Security and Protection to design a mechanism that can factor in the inclusion of Social Impact Assessments standards and monitor their implementation in infrastructure and other development projects in Kenya.

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

NOTICE

The Senate resolved on 14th February, 2024 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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…………/Notice of Amendments

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2805)

AMENDMENTS

*THE COTTON INDUSTRY DEVELOPMENT BILL (SENATE BILLS NO. 5 OF

2023) (Sen. Beth Syengo, MP)

(NATIONAL ASSEMBLY AMENDMENTS)

NOTICE is given that the National Assembly made the following amendments to the Cotton Industry Development Bill (Senate Bills No. 5 of 2023).

LONG TITLE

THAT, the Bill be amended by deleting the long title and substituting therefor the following new long title—

“AN ACT of Parliament to provide for the regulation, production, value addition, marketing and distribution of cotton in Kenya and its products; establish the Cotton Industry Development Board, provide a framework for cotton farming; ensure value addition to cotton and its related products; and for connected purposes”.

CLAUSE 2

THAT, Clause 2 of the Bill be amended—

(a) by inserting the following new definitions in their proper alphabetical sequence— “collection centre” meanscentres designated by county governments to serve as buying stations for cotton;

“cotton plant” means Gossypium ssp and its varieties;

“ginning” means the process of removing cotton seed from the cotton balls;

“processing” means the process of value addition to cotton, cotton seed or cotton by-products and includes cleaning, grading, spinning, weaving or knitting; and

“spinning” means the process of producing yarns from extracted cotton fibre;

(b) by deleting the definition of “Cotton industry” and substituting therefor the following new definition— “Cotton industry” includes growers, ginners, spinners, cotton value addition industries and marketers;

…………../Notice of Amendments

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CLAUSE 3

THAT, Clause 3 of the Bill be amended by deleting paragraph (a) and substituting therefor the following new paragraph― “(a)to promote a globally competitive cotton industry through regulation in collaboration with the County Governments;”.

CLAUSE 7

THAT, Clause 7 of the Bill be amended—

(a) in subclause (1)— (i) by deleting paragraph (c) and substituting therefore the following new paragraph— “(c) The Principal Secretary responsible for matter relating to Industrialization” (ii) by inserting a new paragraph immediately after paragraph (c)— “(ca) the Principal Secretary responsible for National Treasury” (b) by inserting the following new subclause immediately after subclause (3)— “(4) In making appointments of members to the Board, the appointing authority shall observe the principle of gender balance.”

CLAUSE 11

THAT, Clause 11 of the Bill be amended in sub clause (1)—

(a) by deleting paragraph (a) and substituting therefor the following new paragraph— “(a)regulate and promote the development of the cotton industry;” (b) by deleting paragraph (e) and substituting therefor the following new paragraph— “(e) regulate and promote import and export of cotton products and by- products;”

(c) by deleting paragraph (g) and substituting therefor the following new paragraph— “(g) in consultation with the Kenya Bureau of Standards and other relevant institutions, formulate standards and code of practice acceptable in international markets to ensure the competitiveness and reliability of the country as a producer of cotton products.” (d) by deleting paragraph (n); (e) by deleting paragraph (o) and substituting therefor the following new paragraph— “(o) establish linkages with other government agencies and research institutions to enhance quality assurance and research and facilitate flow of research findings to the interested parties;” (f) by deleting paragraph (p) and substituting therefor the following new paragraph— “(p) liaise with the national agricultural research systems to develop suitable and affordable cotton seeds;”

…………../Notice of Amendments

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2807)

CLAUSE 14

THAT, Clause 14 of the Bill be amended by deleting the words “fees or allowance” appearing immediately after the word “remuneration”.

CLAUSE 17

THAT, Clause 17 of the Bill be amended in paragraph (c) by inserting the word “of” immediately after the word “contravention”.

CLAUSE 23

THAT, Clause 23 of the Bill be amended—

(a) in subclause (1)— (i) by deleting paragraph (b); (ii) by deleting paragraph (c); (iii) by deleting paragraph (d); and (iv) by deleting paragraph (e) and substituting therefor the following new paragraph— “(e) promote the organisation of cotton farmers cooperatives, associations and link them with credit and financing support;” (b) in subclause (2)— (i) by deleting paragraph (b); (ii) by deleting paragraph (c) and substituting therefor the following new paragraph— “(c) promote production and productivity of cotton in the respective county;” (iii) by deleting paragraph (d) and substituting therefor the following new paragraph— “(d) offer extension services on cotton production and processing;” (iv) by deleting paragraph (e); (v) by deleting paragraph (f) and substituting therefor the following new paragraph— “(f) provide training and dissemination of information to cotton farmers and processors on technologies, innovations and management practices” (vi) by deleting paragraph (g); (vii) by deleting paragraph (h) and substituting therefor the following new paragraph— “(h) promote farm productivity through suitable seed varieties and integrated cotton farming systems;” (viii) by deleting paragraph (i); (ix) by deleting paragraph (j); (x) by deleting paragraph (m) and substituting therefor the following new paragraph— “(m) establish cotton collection aggregation centres in collaboration with the national government;” (xi) by deleting paragraph (n);

…………../Notice of Amendments

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2808)

(xii) by deleting paragraph (o) and substituting therefor the following new paragraph— “(o) link cotton farmers with agricultural mechanization centres for affordable machinery;” (xiii) by deleting paragraph (p) and substituting therefor the following new paragraph— “(p) link the farmers with affordable farm inputs. (xiv) by deleting paragraph (q) and substituting therefor the following new paragraph— “(q) carry out other functions as may be conferred upon by this law or any other written law.” (c) by deleting subclause (3).

CLAUSE 24

THAT, Clause 24 of the Bill be amended—

(a) in subclause (1), by deleting the words “for the better carrying out of the functions under this Act,” appearing immediately before the word “committee”; (b) in subclause (2), by deleting the words “that the county executive committee member shall deem fit” appearing immediately after the word “county”; (c) in subclause (3), by deleting the words “executive committee member” appearing immediately after the word “county”; (d) by deleting subclause (4); (e) by deleting subclause (5); (f) by deleting subclause (6); and (g) by deleting subclause (7).

CLAUSE 25

THAT, Clause 25 of the Bill be amended—

(a) by deleting subclause (3); (b) by deleting subclause (4), and substituting therefor the following new sub- clause— “(4) A registered cooperative society or cotton association shall submit a register of its members to the respective county government and shall furnish the county government with information on any changes of its membership within thirty(30) days of a change in membership”; (c) in subclause (5), by deleting the words “under subsection (1)” appearing immediately after the word “applicant” and substituting therefor the words “underthis section”; (d) in subclause (6), by deleting the words “subsection (1)” appearing immediately after the word “under” and substituting therefor the words “this section”;

…………../Notice of Amendments

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2809)

(e) in subclause (7)— (i) by deleting the words “subsection (6)” appearing in the opening statement and substituting therefor the words “ this section”; and (ii) by deleting the words “or that” appearing immediately after the word “business” in paragraph (b); (f) in subclause (8), by deleting the words “under subsection (6)” appearing immediately after the word “register”; (g) in subclause (10), by deleting the words “subsection (1)” appearing immediately after the word “under” and substituting therefor the words “this section”;

CLAUSE 26

THAT, Clause 26 of the Bill be amended—

(a) by deleting the marginal note and substituting the following new marginal note— “Licensing of ginners, spinners and processors.” (b) in sub-clause (1) by inserting the word “processing” immediately after the word “spinning”; (c) by deleting subclause (2) and substituting the following new subclause— “(2) A person who intends to engage in the business of cotton ginning, spinning, processing or value addition and has been registered by the respective County Government for that purpose shall submit an application in the prescribed form to the Board together with— (a) such documents and information as the Board may prescribe; and (b) the prescribed fees;” (d) in sub-clause (3) by deleting the words “a county executive committee member” and substituting therefore the word “The Board”; (e) by deleting subclause (5) and substituting therefor the following new subclause — “(5) Where the Board refuses to grant an application for a licence, the Board shall specify the reasons for the refusal” (f) by deleting sub-clause (6) and substituting therefor the following new subclause– “(6) The Board shall, at least thirty days before granting a new licence under this Act, publish a notice of the proposed grant by notice in the gazette and in such other manner as the Board may determine.” (g) in subclause (7), by deleting the words “county executive committee member” and substituting therefor the word “Board”; (h) by deleting subclause (8) and substituting therefor the following new subclause— “(8)The Board shall consider any objection and may grant the licence applied for subject to such terms and conditions as the Board may consider appropriate.”; and (i) in subclause (10), by deleting the words “of subsection (1)” appearing immediately before the word “commits” and replacing therefor the word “this section”.

…………../Notice of Amendments

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2810)

CLAUSE 27

THAT, Clause 27 of the Bill be amended—

(a) by deleting subclause (1) and substituting therefor the following new subclause— “(1) The Board may refuse to grant a licence where the application does not comply with the requirements imposed under this Act.”; and (b) by deleting sub-clause (2) and substituting therefor the following new subclause— “(2) The Board shall notify the applicant of the decision within fourteen days of such refusal.”

CLAUSE 28

THAT, Clause 28 of the Bill be amended—

(a) by deleting the opening statement in subclause (1) and substituting therefor the following new opening statement— “(1) The Board may revoke license under this Act if the licensee—”; and (b) by deleting the opening statement in subclause (2) and substituting therefor the following new opening statement— “The Board shall not revoke a licence unless the Board—“

CLAUSE 29

THAT, clause 29 of the Bill be amended—

(a) by deleting the opening statement in subclause (1) and substituting therefor the following new opening statement— “(1) A compliance notice issued under subsection 28(2)(b) shall—”

(b) by deleting subclause (2) and substituting therefor the following new subclause— “(2) The Board may, upon request by the licensee and, where there are sufficient grounds shown by the licensee, extend the period of compliance for such period as the Board may consider necessary to ensure compliance”

CLAUSE 30

THAT, Clause 30 of the Bill be amended—

(a) by deleting the opening statement in subclause (1) and substituting therefor the following new opening statement— “(1) Where a person who receives compliance notice under section 29 fails to comply with such notice, the Board may—”

(b) by deleting subclause (2) and substituting therefor the following new subclause— “(2) For purposes of this Act, a revocation of licence takes effect on the date on which the licence is revoked by the Board.”

…………../Notice of Amendments

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2811)

CLAUSE 32

THAT, Clause 32 of the Bill be amended—

(a) by deleting subclause (1) and substituting therefor the following new subclause;

“(1) The county government shall designate collection centres in consultation with cotton growers and other stakeholders.” (b) in subclause (2)— (i) by deleting the words “county executive committee member” and substituting therefor the words “county government;” appearing in the opening statement ; and (ii) in paragraph (a) by deleting the words “Cabinet Secretary” and substituting therefor the word “Board”.

CLAUSE 33

THAT, Clause 33 of the Bill be amended—

(a) by deleting sub-clause (3); (b) by deleting sub-clause (4); (c) by deleting sub-clause (5); (d) in sub-clause (6) by deleting the word “subsection (2)” appearing immediately after the word “under” and substituting therefor the words “subsection (6)"; (e) by deleting sub-clause (7); (f) in clause (9) by deleting the words “subsection (4)” appearing immediately after the word “under” and substituting therefore the words “subsection (6)”; (g) by deleting subclause (10) and substituting therefore the following new subclause—

“(10) A person who is not satisfied with the decision of the Board may appeal to the Cabinet Secretary; and where such a person is not satisfied with the decision of the Cabinet Secretary, shall appeal to the High Court.

CLAUSE 34

THAT, Clause 34 of the Bill be amended—

(a) by deleting subclause (1) and substituting therefor the following new subclause— “(1) A license issued under this Act shall be valid for a period of one year from the date it was issued.”; (b) by deleting subclause (2) and substituting therefor the following new subclause— “(2)A person who intends to renew a license under sub-section (1) shall submit an application to the Board in the prescribed form at least thirty days before the date of expiry of the current license”. (c) in subclause (3) by deleting the words “section 32” and substituting therefor the words “section 33” .

…………../Notice of Amendments

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2812)

CLAUSE 35

THAT clause 35 of the Bill be amended—

(a) in subclause (1) by deleting the opening statement and substituting therefor the following new opening statement— “(1) The Board may revoke a licence issued or renewed under this Act if the licensee—” (b) in sub-clause (2) by deleting the opening statement and substituting therefor the following new opening statement— “(2) The Board may revoke a licence issued under subsection (1) unless the Board—“.

CLAUSE 36

THAT Clause 36 of the Bill be amended in subclause (1) by deleting the words “section 34(2)” appearing immediately after the word “under” and substituting therefor the words “section 35(2)(b)”

CLAUSE 37

THAT, Clause 37 of the Bill be amended—

(a) in subclause (1) by deleting the words “section 34” appearing immediately after the word “under” and substituting therefor the words “section 36”; (b) by deleting subclause (2) and substituting therefor the following new subclause— “(2) For purposes of this Act, a revocation of licence takes effect on the date on which the licence is revoked by the Board.”

CLAUSE 38

THAT, Clause 38 of the Bill be amended by inserting the following a new subclause immediately after subclause (1)—

“(2) The Board shall apply the money received under this section for the furtherance of the objects and performance of the functions of the Board.”

CLAUSE 39

THAT, Clause 39 of the Bill be amended by deleting the words “the county government” appearing immediately after the word “Board’.

CLAUSE 42

THAT, Clause 42 of the Bill be amended in subclause (3), by deleting the words “the National Assembly and the Senate” appearing before the word “to” and substituting therefor the word “Parliament”.

…………../Notice of Amendments

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CLAUSE 45

THAT, Clause 45 of be Bill be deleted.

CLAUSE 46

THAT, Clause 46 of the Bill be amended in subclause (1) by deleting the words “twenty thousand” and substituting therefor the words “one hundred thousand”.

CLAUSE 47

THAT, Clause 47 of the Bill be amended in subclause (2) by deleting the words “under section 7(1)(c)” appearing in paragraph (a).

CLAUSE 49

THAT, Clause 49 of the Bill be amended by deleting the word “Gossypium aap” appearing and substituting therefor the words“Gossypium ssp”.

CLAUSE 55

THAT, Clause 55 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “made by the” and substituting therefor the word “Board”.

FIRST SCHEDULE

THAT, the First Schedule to the Bill be amended—

(a) in paragraph 1 (1)— (i) by deleting the word “ten” appearing immediately after the word “least” and substituting therefor the word “four”; (ii) by deleting the word “two” appearing immediately after the word “than” and substituting therefor the word “four” (b) in sub-paragraph (2), by deleting the words “and such places” appearing immediately before the word “as” and substituting therefor the words “at the headquarters or elsewhere in Kenya”.

(c) in paragraph (5) by deleting the word “subsection” wherever it occurs and substituting therefor the word “sub-paragraph”

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………../Appendix

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2814)

APPENDIX

PAPER

The Bi-Annual Report of the Commission on Administrative Justice (CAJ) for the period January – June, 2024.

(The Senate Majority Leader)

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…………/Notice Paper

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NOTICE PAPER

Tentative Business for Wednesday, November 27, 2024 (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, November 27, 2024 (Afternoon Sitting).

A. BILLS AT COMMITTEE OF THE WHOLE STAGE

i.)

*THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL

(SENATE BILLS NO. 38 OF 2023)

(Sen. (Dr.) Boni Khalwale, MP)

ii.)

*THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE

BILLS NO. 40 OF 2023)

(Sen. Hamida Ali Kibwana, MP)

iii.)

****THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL

(SENATE BILLS NO. 12 OF 2024)

(The Senate Majority Leader)

iv.)

****THE POLITICAL PARTIES (AMENDMENT) (NO. 2) BILL (SENATE

BILLS NO. 26 OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

v.)

**** THE ELECTIONS (AMENDMENT) (NO. 2) BILL (SENATE BILLS NO.

29 OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

B. BILL AT THE SECOND READING STAGE

****THE COUNTY ASSEMBLIES PENSIONS SCHEME BILL (SENATE BILLS

NO. 14 OF 2024)

(The Senate Majority Leader)

C. MOTIONS

i)

REPORT OF THE MEDIATION COMMITTEE ON THE DIVISION OF

REVENUE (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 38

OF 2024)

(The Vice-Chairperson, Mediation Committee)

ii)

CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO

THE COTTON INDUSTRY DEVELOPMENT BILL (SENATE BILLS NO. 5

OF 2023)

(The Chairperson, Standing Committee on Agriculture, Livestock and Fisheries) …………/Notice Paper iii)

REPORT OF THE STANDING COMMITTEE ON EDUCATION ON A

PETITION TO THE SENATE REGARDING THE DISCRIMINATION BY

TEACHERS SERVICE COMMISSION (TSC) ON PAYMENT OF HARDSHIP

(No.128) WEDNESDAY, NOVEMBER 27, 2024 (MORNING SITTING) (2816)

AND ENHANCED HOUSE ALLOWANCES TO SOME TEACHERS IN

KILIFI AND TAITA TAVETA COUNTIES

(The Chairperson, Standing Committee on Education)

iv)

REPORT OF THE SELECT COMMITTEE ON COUNTY PUBLIC

ACCOUNTS ON ITS CONSIDERATION OF THE REPORTS OF THE

AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF THARAKA

NITHI, HOMA BAY, KAKAMEGA, KIRINYAGA, MAKUENI, MERU,

BOMET, MURANG’A, NANDI, NYAMIRA, NYERI, SIAYA, VIHIGA, WAJIR

AND SAMBURU COUNTY EXECUTIVES FOR THE FINANCIAL YEAR

2019/2020 (The Chairperson, County Public Accounts Committee)

v)

REPORTS OF THE SELECT COMMITTEE ON COUNTY PUBLIC

INVESTMENTS AND SPECIAL FUNDS ON ITS CONSIDERATION OF THE

AUDIT REPORTS OF VARIOUS WATER SERVICE COMPANIES FOR THE

FINANCIAL YEARS 2018/2019, 2019/2020 AND 2020/2021

(The Chairperson, Committee on County Public Investments and Special Funds)

vi)

REPORT OF THE STANDING COMMITTEE ON ENERGY ON ITS

INQUIRY INTO THE LIQUEFIED PETROLEUM GAS (LPG) EXPLOSION

IN MRADI AREA, EMBAKASI, NAIROBI CITY COUNTY

(The Chairperson, Standing Committee on Energy)

vii)

REPORTS OF THE SELECT COMMITTEE ON COUNTY PUBLIC

INVESTMENTS AND SPECIAL FUNDS ON ITS CONSIDERATION OF

THE AUDIT REPORTS OF VARIOUS WATER, SANITATION AND

SEWERAGE SERVICE COMPANIES FOR THE FINANCIAL YEARS

2018/2019 (VOLUME VI), 2019/2020 (VOLUME VII)

AND 2020/2021 (VOLUME IX)

(The Chairperson, Committee on County Public Investments and Special Funds)

viii)

REPORT OF THE STANDING COMMITTEE ON LABOUR AND SOCIAL

WELFARE ON AN INQUIRY INTO THE WELFARE OF WORKERS IN

EXPORT PROCESSING ZONES (EPZS) IN MOMBASA AND KILIFI

COUNTIES

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

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