Tuesday, October 01, 2024 At 2.30 P.m. - Supplementary

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Tuesday, 1 October 2024 Senate Supplementary

Thirteenth Parliament

Third Session (No. Supp. 097) (1730)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

SUPPLEMENTARY ORDER PAPER

TUESDAY, OCTOBER 01, 2024 AT 2.30 PM

PRAYER

  1. 1. Administration of Oath
  2. 2. Communication from the Chair
  3. 3. Messages
  4. 4. Petitions
  5. 5. Papers (as listed in the Appendix)
  6. 6. Notices of Motion (as listed in the Appendix)
  7. 7. Questions and Statements (as listed in the Appendix)
  8. 8. MOTION - REPORT OF THE STANDING COMMITTEE ON NATIONAL

SECURITY, DEFENCE AND FOREIGN RELATIONS ON A PETITION TO

THE SENATE BY MR. SAMUEL ESAPAR ON BEHALF OF RESIDENTS OF

TURKANA COUNTY, CONCERNING THE STATE OF INSECURITY IN

TURKANA COUNTY

(The Chairperson, Standing Committee on National Security, Defence and Foreign Relations)

THAT, the Senate adopts the Report of the Standing Committee on National Security, Defence and Foreign Relations on a Petition to the Senate by Mr. Samuel Esapar on behalf of residents of Turkana County, concerning the state of insecurity in Turkana County, laid on the Table of the Senate on Wednesday, 7th August, 2024.

(Resumption of debate interrupted on Thursday, 26th September, 2024) (Question to be put)

  1. 9. ***THE DIVISION OF REVENUE (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILLS NO. 38 OF 2024)

(The Senate Majority Leader)

(Second Reading) …………/Bills

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1731)

(Resumption of debate interrupted on Wednesday, 25th September, 2024 – Afternoon Sitting) (Division)

  1. 10. *THE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL (SENATE BILLS

NO. 53 OF 2023)

(Sen. Mariam Sheikh Omar, MP)

(Second Reading)

(Resumption of debate interrupted on Thursday, 26th September, 2024) (Division)

  1. 11. MOTION - REPORT OF THE JOINT SITTINGS OF THE DEPARTMENTAL

COMMITTEE ON FINANCE AND NATIONAL PLANNING OF THE

NATIONAL ASSEMBLY, AND THE STANDING COMMITTEE ON FINANCE

AND BUDGET OF THE SENATE, ON APPROVAL HEARING OF MR. DAVID

KIBET KEMEI, NOMINEE FOR APPOINTMENT TO THE POSITION OF

DIRECTOR-GENERAL OF THE COMPETITION AUTHORITY

(Chairperson, Standing Committee on Finance and Budget – Co Chairperson)

THAT, the Senate adopts the Report of the Joint Sittings of the Departmental Committee on Finance and National Planning of the National Assembly and the Standing Committee on Finance and Budget of the Senate, on the approval hearing of Mr. David Kibet Kemei, nominee for appointment as the Director-General of the Competition Authority, laid on the Table of the Senate on Thursday, 26th September 2024; and that pursuant to Section 12(1) of the Competition Act and Sections 3 and 8 of the Public Appointments (Parliamentary Approval) Act, the Senate approves the nomination of Mr. David Kibet Kemei for appointment as the Director-General of the Competition Authority.

  1. 12. COMMITTEE OF THE WHOLE

***THE GAMBLING CONTROL BILL (NATIONAL ASSEMBLY BILLS NO.

70 OF 2023)

(The Senate Majority Leader)

(Resumption of debate interrupted on Wednesday, 15th May, 2024 – Afternoon Sitting) (Division)

  1. 13. COMMITTEE OF THE WHOLE

*THE MATERNAL, NEWBORN AND CHILD HEALTH BILL (SENATE BILLS

NO. 17 OF 2023)

(Sen. Beatrice Ogolla, MP)

…………/Bills

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1732)

  1. 14. COMMITTEE OF THE WHOLE

****THE METEOROLOGY BILL (SENATE BILLS NO. 45 OF 2023)

(The Senate Majority Leader)

  1. 15. COMMITTEE OF THE WHOLE

***THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

  1. 16. COMMITTEE OF THE WHOLE

***THE CANCER PREVENTION AND CONTROL (AMENDMENT) (NO. 2)

BILL (NATIONAL ASSEMBLY BILLS NO. 45 OF 2022)

(Sen. Samson Cherarkey, MP – Co- Sponsor)

  1. 17. COMMITTEE OF THE WHOLE

*THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE

BILLS NO. 40 OF 2023)

(Sen. Hamida Ali Kibwana, MP)

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

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

(Second Reading)

  1. 19. *THE CONSTITUTION OF KENYA (AMENDMENT) BILL (SENATE BILLS

NO. 15 OF 2023)

(Sen. Beth Syengo, MP) (Second Reading)

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

(Sen. Miraj Abdillahi Abdulrahman, MP)

(Second Reading)

  1. 21. *THE PUBLIC HOLIDAYS (AMENDMENT) BILL, (SENATE BILLS NO. 31

OF 2023)

(Sen. Karungo Thang’wa, MP)

(Second Reading)

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

BILLS NO. 39 OF 2023)

(Sen. Kathuri Murungi, MP)

(Second Reading)

…………/Bills

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1733)

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

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

(Second Reading)

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

BILL (SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

(Second Reading)

  1. 25. MOTION - REPORT OF THE SELECT COMMITTEE ON COUNTY PUBLIC

INVESTMENTS AND SPECIAL FUNDS ON ITS CONSIDERATION OF THE

AUDIT REPORTS OF THE WATER SERVICE PROVIDERS FOR THE YEAR

ENDED 30TH JUNE, 2019, 30TH JUNE, 2020 AND 30TH JUNE, 2021

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

THAT, the Senate adopts the Reports of the Select Committee on County Public Investments and Special Funds on its consideration of the Audit Reports for the year ended, 30th June, 2019, 30th June, 2020 and 30th June, 2021 of the following Water Service Providers-

i.) Amatsi Water Services Company Limited - Vihiga County; ii.) Bomet Water Company Limited – Bomet County; iii.) Gusii Water and Sanitation Company Limited – Kisii/Nyamira Counties; iv.) Kisumu Water and Sanitation Company Limited –Kisumu County; v.) Kwale Water and Sewerage Company Limited – Kwale County; and vi.) Nyeri Water and Sanitation Company Limited – Nyeri County.

and the Audit Report of the Wajir Water and Sewerage Company Limited for the year ended 30th June, 2021, laid on the Table of the Senate on Thursday, 23rd November, 2023.

  1. 26. MOTION - 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)

THAT, the Senate adopts the Report of the Select Committee on County Public Accounts on its consideration of the Reports of the Auditor

…………/Motion

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1734)

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 laid on the table of the Senate on Tuesday, 5th March, 2024.

  1. 27. MOTION - ADDRESSING THE CHALLENGE OF POWER PURCHASE

AGREEMENT RENEWALS AND ELECTRICITY SUPPLY IN KENYA

(The Chairperson, Standing Committee on Energy)

THAT, AWARE THAT on 29th March 2021, a presidential taskforce was formed to review power purchase agreements between the Government and Independent Power Producers, during which a moratorium was imposed on Kenya Power and Lighting Company (KPLC), preventing KPLC from signing new agreements or renewing existing ones with Independent Power Producers, which moratorium was lifted by the Cabinet in March 2023;

FURTHER AWARE THAT the National Assembly, vide a Motion adopted on 19th April, 2023 placed a moratorium, restricting KPLC from signing and renewing power purchase agreements (PPAs) with Independent Power Producers (IPPs) pending a report of inquiry by the Departmental Committee on Energy and the consequent House resolution on the report;

CONCERNED THAT Kenya imports 17% of its electricity from neighboring countries and faces a challenge as the growing demand for electricity is conflicted with the lengthy process of developing power plants, which usually takes 6-10 years from conception to generation, leading to electricity shortage and load shedding which impedes economic growth;

COGNIZANT of the Senate resolution of 28th February, 2024 on a Motion by the Standing Committee on Energy on inquiry into the high cost of electricity in the country calling upon the Ministry of Energy to, among others, create a one stop IPP office that comprises all the stakeholders required for approval of power plants and that the Ministry, through KPLC and Independent Power Producers renegotiate the current power purchase agreements within 12 months of adoption of the report;

NOW THEREFORE notwithstanding the resolution of the National Assembly that imposed a moratorium on Kenya Power whose timeline has lapsed, the Senate, in order to cushion Kenyans from the high cost of electricity, resolves:

i. that the Ministry of Energy and Petroleum and Kenya Power and Lighting Company be allowed to enter into new power purchase agreements or renew existing power purchase agreements with Independent Power Producers; and

…………/Motion

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1735)

ii. that the Energy and Petroleum Regulatory Authority (EPRA) fast tracks the acquisition of necessary licenses required by Independent Power Producers with valid power purchase agreements for setting up power plants.

----------

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.

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. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1736)

NOTICE OF AMENDMENTS

A.

***THE GAMBLING CONTROL BILL (NATIONAL ASSEMBLY BILLS NO. 70

OF

2023) (The Senate Majority Leader)

I. NOTICE is given that the Senate Majority Leader intends to move the following amendments to the Gambling Control Bill (National Assembly Bills No. 70 of 2023) at the Committee Stage—

CLAUSE 123

THAT clause 123 of the Bill be amended by renumbering the current clause as subclause (1) and inserting the following new subclauses—

(2) The Excise Duty Act, Cap. 472, is amended in the First Schedule, Part II, by deleting paragraphs 4A, 4B, 4C and 4D. (3) The Income Tax Act, Cap. 470, is amended— (a) by deleting section 10 (1) (g); and (b) in the Third Schedule, Head B, by deleting— (i) paragraph 3 (i); and (ii) paragraph 5 (i).

II. NOTICE is given that the Chairperson, Standing Committee on Labour and Social Welfare, intends to move the following amendments to the Gambling Control Bill (National Assembly Bills No. 70 of 2023), at the Committee Stage—

CLAUSE 5

THAT clause 5 of the Bill is amended by inserting the following new paragraphs immediately after paragraph (e)— (ea) develop and implement county legislation on betting and other forms of gambling; (eb) license prize competitions within a county; (ec) license amusement machines; (ed) issue trade permits for betting premises; (ee) license and issue pool table permits within the county; (ef) license and supervise county lotteries; (eg) issue trade permits for premises for totalisators; ………../Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1737)

CLAUSE 7

THAT clause 7 (1) of the Bill be amended by- (a) deleting paragraph (d) and substituting therefor the following new paragraph—; (d) three persons, not being public officers, appointed by the Cabinet Secretary, being persons with a background in finance, law, betting and lotteries or business management, provided that— (i). one shall represent persons with disabilities; (ii). one shall represent the youth; and (iii). one shall represent faith-based organisations;

(b) deleting paragraph (e) and substituting therefor the following new paragraph—; (e) three persons nominated by the Council of Governors and appointed by the Cabinet Secretary; and (c) deleting paragraph (f)

CLAUSE 10

THAT clause 10 of the Bill be amended— (a) by deleting paragraph (c); (b) in paragraph (f) by inserting the words “in consultation with county governments” immediately after the word “maintain” and (c) in paragraph (g) by inserting the words “beneficial owners” immediately after the word “directors” .

CLAUSE 66

THAT clause 66 of the Bill be amended by deleting the words “shall ensure that its” appearing immediately after the word “Authority” and substituting therefor the words “and county governments shall ensure that their”.

CLAUSE 87

THAT clause 87 (2) of the Bill be amended in paragraph (e) by deleting the word “six” appearing immediately after the words “ radio between” and substituting therefor the word “five”.

CLAUSE 119

THAT clause 119 (2) be amended by deleting- (a) paragraph (d); and (b) paragraph (g).

……………/Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1738)

CLAUSE 123

THAT clause 123 of the Bill be amended by renumbering the current provision as sub clause (1) and inserting therefor the following new sub clauses immediately after the new clause (1)—

Cap 269 (2) The Kenya Revenue Authority Act, is amended in Part II of the First Schedule, by deleting paragraph 7 and substituting therefor the following new paragraph—

  1. 7. The Gambling Control Act.

No. 20 of 2023 (3) The National Lottery Act, is amended by inserting the following new clause immediately after clause 52—

Regulations 53. (1) The Cabinet Secretary may in consultation with the Board, make regulations generally for the better carrying into effect of any provisions under this Act.

(2) Without prejudice to the foregoing, regulations made under this section may provide for— (a) the procedure to be followed by the Board in exercising any powers conferred upon it by this Act; (b) the conduct of a national lottery; (c) apportionment of the proceeds of the national lottery; (d) procedure for the sale of tickets, prizes of tickets and payment of prizes; (e) announcement and protection of winners of the national lottery; (f) the circumstances under which the national lottery may be advertised; and (g) the places where, circumstances or manner in which signs relating to a national lottery may be displayed.

NEW CLAUSE 117A

THAT the Bill be amended by inserting the following new clause immediately after clause 117—

Operating hours 117A. A licensed betting, gambling, lottery or gaming premise shall operate between ten o’ clock in the evening and five o’ clock in the morning.

III. NOTICE is given that the Senator for Nairobi City County (Sen. Edwin Sifuna, MP) intends to move the following amendments to the Gambling Control Bill (National Assembly Bills No. 70 of 2023), at the Committee Stage. ……………/Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1739)

CLAUSE 69

THAT Bill be amended by deleting clause 69 and substituting therefor the following new clause— Online gambling transaction.

  1. 69. An online gambling transaction shall commence when

a player deposits money into his or her gaming account and shall conclude when a player withdraws money from his or her gaming account.

IV. NOTICE is given that the Senator for Nandi County (Sen. Samson Cherarkey, MP) intends to move the following amendments to the Gambling Control Bill (National Assembly Bills No. 70 of 2023), at the Committee Stage –

CLAUSE 28

THAT clause 28 of the Bill be amended— (a) in subclause (2) by deleting paragraphs (o), (p) and (q); and

(b) by deleting subclause (4).

CLAUSE 31

THAT clause 31 of the Bill be amended in subclause (3) by deleting the word “twelve” appearing immediately after the words “a period of” and substituting therefor the word “thirty six”.

CLAUSE 64

THAT clause 64 of the Bill be amended in subclause (5) by deleting the word “twenty shillings” appearing at the end of the subclause and substituting therefor the words “one shilling”.

CLAUSE 71

THAT clause 71 of the Bill be amended in subclause (3) by deleting the words “five million” appearing immediately after the words “not less than” and substituting therefor the words “fifty thousand”.

THIRD SCHEDULE

THAT the Third Schedule of the Bill be amended in— (a) paragraph (b) by deleting the amount “200, 000, 000” and substituting therefor the amount “20,000, 000”; and (b) paragraph (c) by deleting the amount “200, 000, 000” and substituting therefor the amount “20,000, 000”. ……………/Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1740)

V. NOTICE is given that the Senator for Bomet County (Sen. Wakili Hillary Sigei, MP) intends to move the following amendments to the Gambling Control Bill (National Assembly Bills No. 70 of 2023) at the Committee Stage—

CLAUSE 10

THAT clause 10 of the Bill be amended by inserting the following new paragraph immediately after paragraph (n)— (na) collaborate with the Kenya Revenue Authority, established under section 3 of the Kenya Revenue Authority Act, to establish a monitoring system for tax compliance under this Act.

CLAUSE 87

THAT clause 87 of the Bill be amended— (a) in subclause (2) by deleting paragraph (e); and

(b) by deleting subclause (4) and substituting therefor the following subclause—

(4) A person who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both.

……………/Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1741)

B. *THE MATERNAL, NEWBORN AND CHILD HEALTH BILL (SENATE

BILLS NO. 17 OF 2023)

(Sen. Beatrice Ogolla, MP) I. NOTICE is given that the Chairperson, Standing Committee on Health, intends to move the following amendments to the Maternal, Newborn and Child Health Bill (Senate Bills No. 17 of 2023), at the Committee Stage—

CLAUSE 6

THAT clause 6 of the Bill be amended in subclause (1) by deleting the word “agencies” appearing immediately after the words “to adoption services” in paragraph (e) and substituting therefor the words “that comply with Part XIV of the Children Act”.

CLAUSE 7

THAT 7 of the Bill be amended in subclause (2) by— a) deleting the words “licensed agencies if indicated” appearing immediately after the words “adoption services at” in paragraph (d) and substituting therefor the words “an adoption society registered under section 208 of the Children Act”; and b) inserting the following new paragraph immediately after paragraph (f)— (fa) mental health care services from prenatal to twelve months after birth.

CLAUSE 8

THAT clause 8 of the Bill be amended by inserting the following new subclause immediately after subclause (2)—

(2A) Where the child under subsection (1) is an intersex child, the health care provider shall provide the appropriate specialised medical treatment and care to that child.

………/Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1742)

CLAUSE 14

THAT clause 14 of the Bill be amended by inserting the words “and traditional” immediately after the words “programmes for skilled” appearing in paragraph (h).

CLAUSE 15

THAT clause 15 of the Bill be amended— a) deleting the words “who serve pregnant women” appearing immediately after the words “health care providers” in paragraph (a); and b) by deleting the word “workers” appearing immediately after the words “community health” in paragraph (c) and substituting therefor the word “promoters”.

CLAUSE 17

THAT clause 17 of the Bill be amended in subclause (3) by inserting the words “and published in an accessible format” immediately after the words “easily accessible” appearing in paragraph (a).

CLAUSE 2

THAT clause 2 of the Bill be amended— a) in the definition of the term “maternal” by deleting the words “morbidity” means illness” appearing immediately after the words “days after childbirth”; b) by deleting the definition of the term “unborn child”; and c) by inserting the following new definitions in the proper alphabetical sequence— “community health promoter” has the meaning assigned to it under section 2 of the Primary Health Care Act; and “intersex child” means a child with a congenital condition in which the biological sex characteristics cannot be exclusively categorised in the common binary of female or male due to inherent and mixed anatomical patterns, which could be apparent prior to, at birth, or in childhood.

…………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1743)

II. NOTICE is given that (Sen. Hamida Kibwana, MP) intends to move the following amendments to the Maternal, Newborn and Child Health Bill, 2023, Senate Bills No. 17 of 2023, at the Committee Stage—

CLAUSE 8

THAT clause 8 of the Bill be amended by—

(a) inserting the following new subclause immediately after subclause (2)— (2A) Where the child under subsection (1) has special needs, the health care provider shall ensure that the child receives— (a) health care services, as may be prescribed, that are responsive to the needs of a child with the relevant special needs; and (b) respectful and dignified care.

(b) deleting subclause (4) and substituting therefor the following new subclause—

(4) The Cabinet Secretary shall— (a) prescribe standards for the delivery of the neonatal and child care services to the various categories of children up to the age of twelve years; and (b) prescribe guidelines and standards for the provision of the highest available standards of health services that are responsive to the needs of children with special needs.

(c) inserting the following new subclause immediately after subclause (5)— (6) For purposes of this Act, a child with special needs includes a child with disability, a child with mental illness and a child in a marginalized area.

CLAUSE 11

THAT clause 11 of the Bill be amended in the introductory clause by inserting the words “physical and mental” immediately after the words “maternal, neonatal and”.

…………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1744)

CLAUSE 12

THAT clause 12 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (d)—

(da) ensure that all national referral health facilities that offer maternal healthcare designate resources within the respective facility for provision of physical and mental healthcare to women who have lost children through stillbirth or during delivery;

(db) facilitate the provision of mental healthcare to maternal women in national referral health facilities.

CLAUSE 14

THAT clause 14 of the Bill be amended by—

(a) inserting the following new paragraph immediately after paragraph (h)— (ha) put in place measures to facilitate training of health care providers in the provision of physical and mental health care services;

(b) inserting the following new paragraph immediately after paragraph (i)— (ia) ensure that all county health facilities that offer maternal healthcare designate resources within the respective facilities for the provision of physical and mental healthcare to women who have lost children through stillbirth or during delivery; (ib) put in place measure to facilitate the provision of mental healthcare to maternal women in county health facilities;

(c) inserting the words “in the provision physical and mental health care services” immediately after the words “in the county” appearing in paragraph (m);

CLAUSE 2

THAT clause 2 of the Bill be amended by inserting the following new definitions in the proper alphabetical sequence— “community health promoter” has the meaning assigned to it under section 2 of the Primary Health Care Act. …………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1745)

NEW CLAUSE

THAT the Bill be amended by inserting the following new clause immediately after clause 25—

Amendment to section 226 of Cap. 63.

  1. 26. Section 226 of the Penal Code is amended by

renumbering the existing provision as subsection (1) and inserting the following new subsection after the renumbered subsection (1)—

(2) Subsection (1) shall not apply to a woman undergoing postpartum care under the Maternal, Newborn and Child Health Act.

III. NOTICE is given that (Sen. (Dr.) Boni Khalwale, MP), intends to move the following amendments to the Maternal, Newborn and Child Health Bill, (Senate Bills No. 17 of 2023), at the Committee Stage—

CLAUSE 6

THAT clause 6 of the Bill be amended in subclause (1) by deleting the words “planning services” appearing after the word “family” in paragraph (a) and substituting therefor the words “health education”.

CLAUSE 9

THAT clause 9 of the Bill be amended by inserting the following new subclause immediately after subclause (2)—

(2A) The Cabinet Secretary shall put in place mechanisms to ensure that adolescents undergoing postpartum care receive counselling services to encourage them to maintain and care for their children.

CLAUSE 11

THAT clause 11 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (c)—

(ca) counselling services for pregnant women who intend or are considering not carrying their pregnancies to term; (cb) post abortion health care services; and (cc) counselling services for adolescents undergoing postpartum care to encourage them to maintain and care for their children.

…………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1746)

CLAUSE 13

THAT clause 13 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (b)—

(ba) maternal and neonatal deaths recorded in each county.

CLAUSE 14

THAT clause 14 of the Bill be amended in paragraph (h) by inserting the words “and traditional” immediately after the words “programmes for skilled”;

NEW CLAUSE

THAT the Bill be amended by inserting the following new clauses immediately after clause 25—

Amendme nt to section 17 of Cap. 258A.

  1. 26. Section 2 of the Social Assistance Act is amen

in the definition of the term “social assistance inserting the following new paragraph immedia after paragraph (d)— (da) care and welfare of children;

  1. 27. Section 17 care and welfare of children of

Social Assistance Act is amended in subsection (3 inserting the following new paragraph immediately a paragraph (b)— (ba) poor women caring for their children.

IV. NOTICE is given that (Sen. Andrew Omtatah Okoiti, MP) intends to move the following amendments to the Maternal, Newborn and Child Health Bill (Senate Bills No. 17 of 2023, at the Committee Stage—

CLAUSE 5

THAT clause 5 of the Bill be amended— (a) in subclause (1) by inserting the following new paragraph immediately after paragraph (a)— (aa) reasonable and affordable fee, if any, for health services and which does not impede access to health care; (b) in subclause (3) by—

…………/Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1747)

(i) inserting the words “including in remote areas and” immediately after the words “child health services” appearing in paragraph (e); and (ii) inserting the following new paragraph immediately after paragraph (f)— (fa) train traditional birth attendants and integrate them in the delivery of prenatal, postpartum and neonatal health care.

CLAUSE 6

THAT clause 6 of the Bill be amended in subclause (1) by— (a) inserting the words “including hormonal profiling and the provision of prenatal vitamins” immediately after the words “preconception care services” appearing in paragraph (b); and (b) inserting the words “as may be prescribed by the Cabinet Secretary” immediately after the words “appropriate counselling services” appearing in paragraph (c).

CLAUSE 7

THAT clause 7 of the Bill be amended in subclause (2)(b) by inserting the words “as may be prescribed by the Cabinet Secretary” immediately after the words “free prenatal care”.

CLAUSE 8

THAT clause 8 of the Bill be amended by inserting the following new subclause immediately after subclause (3)— (3A) The consent under subsection (3) shall not be required where— (c) there is a documented report of child abuse by the parent or guardian who is required to provide consent; (d) the parent or guardian required to provide consent practises religious or cultural practices that risk the health of the child; or (e) the parent or guardian required to provide consent has been diagnosed with mental incapacity.

…………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1748)

CLAUSE 9

THAT clause 9 of the Bill be amended by deleting subclause (4).

CLAUSE 13

THAT clause 13 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (b)— (ba) maternal and neonatal deaths recorded in each county with an analysis of root causes and recommended interventions to address the causes.

CLAUSE 14

THAT clause 14 of the Bill be amended— (a) in paragraph (h) by inserting the words “and traditional” immediately after the words “programmes for skilled”; and (b) by inserting the following new paragraph immediately after paragraph (i)— (ia) ensure that there are sufficient ambulances to provide emergency prenatal, postpartum and neonatal evacuation services within the county.

CLAUSE 15

THAT clause 15 of the Bill be amended by inserting the following new paragraph immediately after paragraph (d)— (e) religious organisations.

CLAUSE 17

THAT clause 17 of the Bill be amended in subclause (3)(d) by deleting the words “translated to the local language and disseminated” appearing immediately after the words “where necessary” and substituting therefor the words “be translated to the respective local languages and disseminated to media outlets and”.

CLAUSE 19

THAT clause 19 of the Bill be amended— (d) by deleting the marginal note and substituting therefor the following new marginal note— Annual reporting by the county executive committee member.

…………/Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1749)

(e) in subclause (2) by— (i) inserting the words “medications and supplements” immediately after the words “of health facilities” appearing in paragraph (b); (ii) deleting paragraph (c) and substituting therefor the following new paragraph (c)— (c) the number of health care providers in respective health facilities within the county and measures taken to enhance their number; (iii) inserting the following new paragraph immediately after paragraph (c)— (ca) maternal and neonatal deaths recorded in each county facility with an analysis of root causes and recommended interventions to address the causes; (f) by inserting the following new subclause immediately after subclause (5)— (6) The county executive member shall submit the report under subsection (1) to the Cabinet Secretary within three months of the close of every financial year.

CLAUSE 21

THAT clause 21 of the Bill be amended in subclause (2) by— (a) deleting the word “periodic” appearing at the beginning of paragraph (a) and substituting therefor the words “a quarterly”; (b) deleting the words “regularly undertake” appearing at the beginning of paragraph (b) and substituting therefor the word “quarterly”; and (c) deleting the words “regularly collect and analyse” appearing at the beginning of paragraph (c) and substituting therefor the words “in each quarter, the collection and analysis of”; (d) deleting the word “undertake” appearing at the beginning of paragraph (d); and (e) deleting the word “identify” appearing at the beginning of paragraph (e) and substituting therefor the words “the identification of”.

……………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1750)

CLAUSE 25

THAT clause 25 of the Bill be amended in subclause (2) by— (a) inserting the words “and neonatal” immediately after the words “reporting of maternal” appearing in paragraph (b); and (b) inserting the following new paragraphs immediately after paragraph (e)— (ea) prenatal health services; (eb) prenatal, postpartum and neonatal counselling health services; (ec) prenatal, postpartum and neonatal check-ups and follow-ups; and (ed) referral of persons in prenatal, postpartum and neonatal care to referral health facilities.

CLAUSE 2

THAT clause 2 of the Bill be amended in the definition of the word “person with special needs” by— (a) inserting the words “and financial” immediately after the words “medical, mental, psychological”; and (b) inserting the words “registered refugees and internally displaced persons” immediately after the words “a marginalised area”.

…………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1751)

C. ****THE METEOROLOGY BILL (SENATE BILLS NO. 45 OF 2023)

(The Senate Majority Leader)

NOTICE is given that the Chairperson, Standing Committee on Land, Environment and Natural Resources, intends to move the following amendments to the Meteorology Bill, 2023 (Senate Bills No. 45 of 2023), at the Committee Stage—

CLAUSE 3

THAT clause 3 of the Bill be amended by numbering the introductory paragraph as sub clause (1) and inserting the following new subclause immediately after the proposed subclause (1): (2) For purposes of this section— “commercial purposes” means the use of meteorological information acquired from the Authority for the purpose of generating income;

CLAUSE 7

THAT clause 7 of the Bill be amended in subclause (2) by deleting paragraph (j) and substituting therefor the following new paragraph —

(j) set standards, develop curricula, provide training in meteorology, operational hydrology and related sciences, examine and award diploma and certification in line with the World Meteorological Organization and other standards.

CLAUSE 36

THAT clause 36 of the Bill be amended in subclause (1) by deleting the words “any person” appearing immediately after the words “designate and appoint” and substituting therefor the words “an employee of the authority”.

CLAUSE 37

THAT clause 37 of the Bill be amended by deleting—

(a) subclause (1) and substituting therefor the following new subclause — (1) The Authority shall retain the intellectual property rights on any meteorology data and advisory services, computer programs, inventions, discoveries and improvements generated by the Authority.

…………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1752)

(b) subclause (2) and substituting therefor the following new subclause — (2) A person who obtains any meteorological data, information and other meteorological services from the Authority as a private good shall not, without the consent of the Authority, provide the same to a third party or cause it to be distributed.

CLAUSE 40

THAT clause 40 of the Bill be amended in subclause (2) by deleting paragraph (g).

SECOND SCHEDULE

THAT the Second Schedule of the Bill be amended by inserting the following new paragraph immediately after paragraph (5)—

(5A) The provision of meteorological services and information to the general public upon request.

NEW CLAUSES

That the Bill be amended by inserting the following new clauses immediately after clause 8—

Regulatory powers of Authority.

8A. (1) The Authority shall regulate meteorological services in Kenya. (2) Without prejudice to the generality of subsection (1) the Authority shall— (a) ensure compliance with— (i) international standards and practices in meteorological services; and (ii) standards in installation and maintenance of meteorological instruments; (b) approve and register meteorological stations; and (c) monitor and supervise functions of meteorological operators. Permit.

8B. Any person who intends to undertake meteorological observations, weather forecasting activities or weather modification activities shall apply to the Authority for a permit as provided in the Regulations.

…………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1753)

Prohibition of meteorological activities.

8C. (1) No person shall engage in any meteorological observations, weather forecasting activities or weather modification activities unless that person obtains a permit from the Authority.

(2) A person who engages in any meteorological observations, weather forecasting activities or weather modification activities without a permit commits an offence and shall be liable upon conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years or both such fine and imprisonment.

…………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1754)

D. ***THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

NOTICE is hereby given that the Chairperson, Standing Committee on Roads, Housing and Transportation, intends to move the following amendment to the National Construction Authority (Amendment) Bill (National Assembly Bills No. 59 of 2022) at the Committee Stage –

NEW CLAUSE 1A

Amendment of section 2 of Cap. 18.

THAT the National Construction Authority Act be amended in Section 2 by inserting the following new definition immediately after the definition “Registrar” – “start up” means an entity seeking to be registered under section 17 in the category NCA 6, NCA 7 or NCA 8;

…………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1755)

E. ***THE CANCER PREVENTION AND CONTROL (AMENDMENT) (NO.

2) BILL (NATIONAL ASSEMBLY BILLS NO. 45 OF 2022)

(Sen. Samson Cherarkey, MP – Co- Sponsor)

NOTICE is given that the Chairperson, Standing Committee on Health, intends to move the following amendment to the Cancer Prevention and Control (Amendment) (No. 2) Bill (National Assembly Bills No. 45 of 2022), at the Committee Stage—

CLAUSE 2

THAT clause 2 of the Bill be amended in the proposed new definition of the word “e-health” by inserting the words “including telemedicine” immediately after the words “and information technology”.

----------

…………../Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1756)

F. *THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL

(SENATE BILLS NO. 40 OF 2023)

(Sen. Hamida Ali Kibwana, MP)

NOTICE is given that the Chairperson, Standing Committee on Finance and Budget, intends to move the following amendments to the Public Finance Management (Amendment) Bill (Senate Bills No. 40 of 2023), at the Committee Stage-

CLAUSE 2

THAT the Bill be amended by deleting clause 2 and substituting therefore the following new clause-

Insertion of new sections in Cap. 412A

  1. 2. The principal Act is amended by inserting the

following new sections immediately after section 160 —

Establish ment of Committe e. 160A. (1) There is established a Revenue Collection System Committee which shall consist of-

(a) the Cabinet Secretary or a person designated in writing;

(b) the Principal Secretary for matters related to Devolution;

(c) the Controller of Budget or a person designated in writing;

(d) the Commissioner General of the Kenya Revenue Authority or a person designated in writing; and

(e) two persons nominated by the Council of Governors.

(2) The Committee shall, within nine months of the coming into force of this Act, design, develop and coordinate integrated county revenue system which shall—

(a) be transparent, efficient, effective and verifiable;

………./Notice of Amendments

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1757)

(b) ensure data accuracy and protection;

(c) respect and promote the distinctiveness of the national and county governments;

(d) be adequately secure to prevent any fraud, losses or leakages; and

(e) provide for separate accounting and reporting

(3) Within three months of the development of the system under subsection (3), each county government shall adopt and implement the integrated county revenue management system

Reports. 160B. (1) A county treasury shall prepare and submit a quarterly report on the status of the adoption and implementation of the integrated county revenue management system.

(2)A report under subsection (1) shall be submitted to the respective county assembly, the Senate and the Controller of Budget.

CLAUSE 3

THAT clause 3 of the Bill be amended in the proposed new section 191F (1) by inserting the words “in consultation with the respective county executive committee member” immediately after the words “Cabinet Secretary shall”.

……………/Appendix

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1758)

APPENDIX

  1. 1. PAPERS

i.) Report of the Auditor General on Financial Statements of Rabai Sub-County Level 4 Hospital - County Government of Kilifi for the nine (9) months period ended 30th June, 2023.

ii.) Report of the Auditor General on Financial Statements of Mariakani Sub-County Level 4 Hospital - County Government of Kilifi for the year ended 30th June, 2023.

iii.) Report of the Auditor General on Financial Statements of Bamba Sub-County Level 4 Hospital - County Government of Kilifi for the year ended 30th June, 2023.

iv.) Report of the Auditor General on Financial Statements of Isebania Sub-County Hospital - County Government of Migori for the year ended 30th June, 2023.

v.) Report of the Auditor General on Financial Statements of Uriri Hospital - County Government of Migori for the year ended 30th June, 2023.

vi.) Report of the Auditor General on Financial Statements of Macalder Sub-County Hospital - County Government of Migori for the year ended 30th June, 2023.

vii.) Report of the Auditor General on Financial Statements of Kehancha Sub-County Hospital - County Government of Migori for the year ended 30th June, 2023.

viii.) Report of the Auditor General on Financial Statements of Migori County Referral Hospital - County Government of Migori for the year ended 30th June, 2023.

ix.) Report of the Auditor General on Financial Statements of Ntimaru Sub-County Hospital - County Government of Migori for the year ended 30th June, 2023.

x.) Report of the Auditor General on Financial Statements of Karungu Sub-County Hospital - County Government of Migori for the year ended 30th June, 2023.

xi.) Report of the Auditor General on Financial Statements of Nyamaraga Level 4 Hospital - County Government of Migori for the year ended 30th June, 2023.

……………/Appendix

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1759)

xii.) Report of the Auditor General on Financial Statements of Bondo Level 4 Hospital - County Government of Siaya for the year ended 30th June, 2023.

xiii.) Report of the Auditor General on Financial Statements of Longisa County Referral Level 4 Hospital - County Government of Bomet for the year ended 30th June, 2023.

xiv.) Report of the Auditor General on Financial Statements of Marigat Sub-County Level 4 Hospital - County Government of Baringo for the year ended 30th June, 2023.

xv.) Report of the Auditor General on Financial Statements of Kabartonjo Level 4 Hospital - County Government of Baringo for the year ended 30th June, 2023.

xvi.) Report of the Auditor General on Financial Statements of Chemolingot Sub-County Level 4 Hospital - County Government of Baringo for the year ended 30th June, 2023.

xvii.) Report of the Auditor General on Financial Statements of Fort Ternan Sub-County Level 4 Hospital - County Government of Kericho for the year ended 30th June, 2023.

xviii.) Report of the Auditor General on Financial Statements of Kipkelion Sub-County Level 4 Hospital - County Government of Kericho for the year ended 30th June, 2023.

xix.) Report of the Auditor General on Financial Statements of Kapsabet County Referral Hospital - County Government of Nandi for the year ended 30th June, 2023.

xx.) Report of the Auditor General on Financial Statements of Vihiga County Referral Hospital - County Government of Vihiga for the year ended 30th June, 2023.

xxi.) Report of the Auditor General on Financial Statements of Kacheliba Sub-County Level 4 Hospital - County Government of West Pokot for the year ended 30th June, 2023.

xxii.) Report of the Auditor General on Financial Statements of Kapenguria County Referral Hospital - County Government of West Pokot for the year ended 30th June, 2023.

xxiii.) Report of the Auditor General on Financial Statements of Cheptais Level 4 Hospital - County Government of Bungoma for the year ended 30th June, 2023.

……………/Appendix

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1760)

xxiv.) Report of the Auditor General on Financial Statements of Banisa Sub-County Level 4 Hospital - County Government of Mandera for the year ended 30th June, 2023.

xxv.) Report of the Auditor General on Financial Statements of Elwak Sub-County Level 4 Hospital - County Government of Mandera for the year ended 30th June, 2023.

xxvi.) Report of the Auditor General on Financial Statements of Kutulo Sub-County Level 4 Hospital - County Government of Mandera for the year ended 30th June, 2023.

xxvii.) Report of the Auditor General on Financial Statements of Garissa County Level 5 Referral and Teaching Hospital - County Government of Garissa for the year ended 30th June, 2023.

xxviii.) Report of the Auditor General on Financial Statements of Murang’a Level 5 Hospital - County Government of Murang’a for the year ended 30th June, 2023.

xxix.) Report of the Auditor General on Financial Statements of Homa Bay County Teaching and Referral Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

xxx.) Report of the Auditor General on Financial Statements of Ndhiwa Level 4 Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

xxxi.) Report of the Auditor General on Financial Statements of Ogongo Level 4 Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

xxxii.) Report of the Auditor General on Financial Statements of Mbita Level 4 Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

xxxiii.) Report of the Auditor General on Financial Statements of Kendu Bay Sub-County Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

xxxiv.) Report of the Auditor General on Financial Statements of Magunga Level 4 Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

xxxv.) Report of the Auditor General on Financial Statements of Kitui County Referral Level 4 Hospital - County Government of Kitui for the year ended 30th June, 2023.

……………/Appendix

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1761)

xxxvi.) Report of the Auditor General on Financial Statements of Gatundu Level 5 Hospital - County Government of Kiambu for the year ended 30th June, 2023.

xxxvii.) Report of the Auditor General on Financial Statements of Keringet Level 4 Sub County Hospital - County Government of Nakuru for the year ended 30th June, 2023.

xxxviii.) Report of the Auditor General on Financial Statements of Kabazi Sub-County Hospital - County Government of Nakuru for the year ended 30th June, 2023.

xxxix.) Report of the Auditor General on Financial Statements of Esani Sub-County Hospital - County Government of Nyamira for the year ended 30th June, 2023.

xl.) Report of the Auditor General on Financial Statements of Ekerenyo Sub-County Level 4 Hospital - County Government of Nyamira for the year ended 30th June, 2023.

xli.) Report of the Auditor General on Financial Statements of Kijauri Sub-County Level 4 Hospital - County Government of Nyamira for the year ended 30th June, 2023.

xlii.) Report of the Auditor General on Financial Statements of Nyamira County Referral Hospital - County Government of Nyamira for the year ended 30th June, 2023.

xliii.) Report of the Auditor General on Financial Statements of Nyamusi Sub-County Level 4 Hospital - County Government of Nyamira for the year ended 30th June, 2023.

(The Senate Majority Leader)

xliv.) Report of the Standing Committee on Labour and Social Welfare on its consideration of the County Assemblies Pensions Scheme Bill (Senate Bills No. 14 of 2024).

xlv.) Report of the Standing Committee on Labour and Social Welfare on the inquiry on the welfare of workers in the Export Processing Zones (EPZs) in Mombasa and Kilifi Counties.

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

xlvi.) Report of the Standing Committee on Devolution and Intergovernmental Relations on a Statement sought by Sen. David Wakoli, MP, regarding the state of markets in Bungoma County.

……………/Appendix

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1762)

xlvii.) Report of the Standing Committee on Devolution and Intergovernmental Relations on a Statement sought by Sen. Godfrey Osotsi, MP, regarding the state of markets in Vihiga County.

xlviii.) Report of the Standing Committee on Devolution and Intergovernmental Relations on an inquiry into alleged security concerns raised by Hon. Philomenah Kapkory, the Deputy Governor of Trans Nzoia County.

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

  1. 2. NOTICES OF MOTION

i)

SENATE SITTINGS IN BUSIA COUNTY

(The Senate Majority Leader)

THAT, AWARE that on 11th July, 2024, pursuant to Article 126 (1) of the Constitution, the Senate resolved to hold its Plenary and Committee sittings in Busia County, from 23rd to 27th September 2024;

FURTHER AWARE THAT on 18th September, 2024 the Senate resolved to alter the dates for the Senate Mashinani in Busia County from 23rd to 27th September, 2024, to 28th October to 1st November, 2024;

ACKNOWLEDGING THE recommendation of the Senate Business Committee to defer the holding of the sittings in Busia County;

NOW THEREFORE, the Senate resolves to defer its plenary and committee sittings (Senate Mashinani) in the counties until the Fourth Session in 2025.

ii)

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)

THAT, the Senate adopts the Report of the Standing Committee on Labour and Social Welfare on an inquiry into the plight of workers in the Export Processing Zones (EPZs) in Mombasa and Kilifi Counties, laid on the Table of the Senate on Tuesday, 1st October, 2024.

……………/Appendix

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1763)

iii)

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.

iv)

REPORTS OF THE STANDING COMMITTEE ON DEVOLUTION

AND INTERGOVERNMENTAL RELATIONS ON ITS INQUIRY

INTO THE STATE OF MARKETS IN VIHIGA AND BUNGOMA

COUNTIES ARISING FROM A STATEMENT SOUGHT BY SEN.

GODFREY OSOTSI, MP AND SEN. DAVID WAKOLI, MP

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

THAT, the Senate adopts Reports of the Standing Committee on Devolution and Intergovernmental Relations on its inquiry into the state of markets in Vihiga and Bungoma counties arising from statements sought by Sen. Godfrey Osotsi, MP, and Sen. David Wafula Wakoli, MP laid on the Table of the Senate on Tuesday, 1st October, 2024.

  1. 3. QUESTIONS AND STATEMENTS

a) Request for Statements pursuant to Standing Order 53(1)

i) The Senator for Nandi County (Sen. Samson Cherarkey, MP) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding claims of mismanagement of employment, human resource and payroll matters in Nandi County.

ii) The Senator for Nairobi City County (Sen. Edwin Sifuna, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding alleged grabbing of public utility and private lands in parts of Nairobi City County.

iii) The Senator for Kirinyaga County (Sen. James Murango, MP) to seek a Statement from the Standing Committee on Education concerning the ongoing industrial action by the academic and non-academic members of staff in public universities in Kenya. ……………/Appendix

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1764)

iv) The Senator for Nyandarua County (Sen. John Methu, MP) to seek a Statement from the Standing Committee on Energy regarding the change of location of power lines and poles along the Njabini – Olkalou road during the upgrading of the road to bitumen standards .

v) The Senator for Kisii County (Sen. Richard Onyonka, MP) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries concerning the status and management of the Agricultural Development Corporation (ADC) farms in Kenya.

b) Statements pursuant to Standing Order 56 (1) (b)

i) The Chairperson, Standing Committee on Land, Environment and Natural Resources to make a Statement relating to the activities of the Committee for the period, April to August, 2024.

ii) The Chairperson, Standing Committee on National Cohesion, Equal Opportunity and Regional Integration to make a Statement relating to the activities of the Committee for the period, April to August, 2024.

iii) The Chairperson, Standing Committee on National Security, Defence and Foreign Relations to make a Statement relating to the activities of the Committee for the period, April to August, 2024.

----------

……………./Notice Paper I

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1765)

NOTICE PAPER I

Tentative Business for Wednesday, October 02, 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, October 02, 2024 (Morning Sitting).

A. QUESTIONS

QUESTION

NO.

SENATOR

SUBJECT

MINISTRY

091 Sen. Julius Murgor, MP Socio-economic activities carried out by the Kerio Valley Development Authority (KVDA) in West Pokot County East African Community (EAC), the ASALS and Regional Development 021 Sen. Edwin Sifuna, MP Failure by the E-Citizen Digital Platform to process payments made to some Government institutions The National Treasury and Economic Planning 060 Sen. Catherine Mumma, MP Financing and utilization of the National Government development budget for the FY 2022/2023 The National Treasury and Economic Planning 088 Sen. Joyce Korir, MP Delayed processing of pension benefits to retired civil servants The National Treasury and Economic Planning 096 Sen. (Prof.) Tom Ojienda,

SC, MP

Economic impact of the demonstrations witnessed in June, July and August 2024

……./Notice Paper I The National Treasury and Economic Planning

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1766)

070 Sen. James Murango, MP Interventions by Government agencies to address the April/ May 2024 flooding in Kirinyaga County Interior and National Administration 073 Sen. James Murango, MP Insecurity in Ndia Constituency, Kirinyaga County Interior and National Administration 077 Sen. Daniel Maanzo, EBS,

MP

Assault of persons during the protests over high cost of living in June and July, 2023 Interior and National Administration 079 Sen. Joe Nyutu, MP Irregular dismissal of Mr. Joseph Odhiambo Ochoro from the Kenya Prisons Service Interior and National Administration 084 Sen. Agnes Kavindu, MP Operationalization of a framework for compensation of surviving Kenyan Victims of the 1998 bombing of the United States of America Embassy in Nairobi Interior and National Administration 092 Sen. Kathuri Murungi,

MGH, MP

Recurring banditry attacks in Igembe North Constituency in Meru County Interior and National Administration 093 Sen. (Prof.) Tom Ojienda,

SC, MP

Operationalization of Kabonyo Kanyagwal Division in Kisumu County Interior and National Administration 097 Sen. (Prof.) Tom Ojienda,

SC, MP

State of security, civilian protection, and law enforcement during demonstrations witnessed in June, July and August 2024 Interior and National Administration

……/Notice Paper I

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1767)

B. MOTIONS

i)

REPORT

OF

THE

66TH

COMMONWEALTH

PARLIAMENTARY

CONFERENCE HELD IN ACCRA, GHANA FROM 30TH SEPTEMBER – 6TH

OCTOBER, 2023

(Sen. (Prof.) Margaret Kamar, MP)

ii)

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

iii)

REPORT OF THE 147TH ASSEMBLY OF THE INTER-PARLIAMENTARY

UNION (IPU) AND RELATED MEETINGS HELD IN LUANDA, ANGOLA ON

23RD TO 27TH OCTOBER, 2023

(Sen. Catherine Mumma, MP)

iv)

REPORT OF THE KENYA DELEGATION TO THE 148TH ASSEMBLY OF THE

INTER-PARLIAMENTARY UNION (IPU) AND RELATED MEETINGS HELD IN

GENEVA, SWITZERLAND FROM 23RD TO 27TH MARCH, 2024

(Sen. Catherine Mumma, MP)

v)

REPORT OF THE KENYA DELEGATION TO THE EXTRAORDINARY

SESSION

OF

THE

SIXTH

PARLIAMENT

OF

THE

PAN-AFRICAN

PARLIAMENT (PAP) HELD AT THE GALLAGHER CONVENTION CENTRE,

MIDRAND, SOUTH AFRICA, FROM 20TH TO 27TH MARCH, 2024

(Sen. Danson Mungatana, MP)

vi)

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)

vii)

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)

viii)

ESTABLISHMENT OF A MONTHLY CAR FREE DAY AND COUNTY CAR

FREE ZONES

(Sen. Crystal Asige, MP)

ix)

STOPPAGE OF FUNDS TO ISIOLO COUNTY DUE TO THE FAILURE BY THE

GOVERNOR TO HONOUR SENATE SUMMONSES

(Sen. Fatuma Dullo, MP)

--------

……………./Notice Paper II

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1768)

NOTICE PAPER II

Tentative Business for Wednesday, October 02, 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, October 02, 2024 (Afternoon Sitting).

A. BILLS AT COMMITTEE OF THE WHOLE STAGE

i)

***THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL

(NATIONAL ASSEMBLY BILLS NO. 44 OF 2023)

(The Senate Majority Leader)

ii)

*THE NUTS AND OIL CROPS DEVELOPMENT BILL (SENATE BILLS NO. 47

OF 2023)

(Sen. Hamida Kibwana, MP)

iii)

*THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL (SENATE

BILLS NO. 38 OF 2023)

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

iv)

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

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

v)

*THE FIRE AND RESCUE SERVICES PROFESSIONALS BILL (SENATE

BILLS NO. 55 OF 2023)

(Sen. Mohamed Abass Sheikh, MP)

vi)

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

(The Chairperson, Standing Committee on Energy)

vii)

*THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE

BILLS NO. 54 OF 2023)

(Sen. Eddy Oketch, MP)

viii)

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

OF 2022)

(The Senate Majority Leader)

ix)

****THE

INTERGOVERNMENTAL

RELATIONS

(AMENDMENT)

BILL

(SENATE BILLS NO. 12 OF 2024)

(The Senate Majority Leader)

…………../Notice Paper II

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1769)

x)

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

(Sen. Edwin Sifuna, MP)

xi)

***THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILLS NO. 24 OF 2023)

(The Senate Majority Leader)

B. BILLS AT THE SECOND READING STAGE

i)

*THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)

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

(Sen. Kathuri Murungi, MP)

ii)

*THE COUNTY GOVERNMENTS ELECTION LAWS (AMENDMENT) BILL

(SENATE BILLS NO. 2 OF 2024)

(Sen. Crystal Asige, MP)

iii)

*THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE BILLS

NO. 3 OF 2024)

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

iv)

*THE COUNTY CIVIC EDUCATION BILL (SENATE BILLS NO. 4 OF 2024)

(Sen. Esther Okenyuri, MP)

v)

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

(Sen. Ali Ibrahim Roba, MP)

vi)

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

2024) (Sen. Gloria Orwoba, MP)

vii)

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

NO. 10 OF 2024)

(The Senate Majority Leader)

C. MOTIONS

i)

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)

ii)

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) ……………/Notice Paper II

(No. Supp. 097) TUESDAY, OCTOBER 01, 2024 (1770)

iii)

REPORT OF THE STANDING COMMITTEE ON LABOUR AND SOCIAL

WELFARE ON THE INQUIRY ON THE WELFARE OF WORKERS IN THE

EXPORT PROCESSING ZONES (EPZS) IN MOMBASA AND KILIFI

COUNTIES.

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

iv)

DEVELOPMENT

OF

A

POLICY

AND

LAW

FOR

SOCIAL

RISK

MANAGEMENT IN INFRASTRUCTURE DEVELOPMENT PROJECTS IN

KENYA

(Sen. Catherine Mumma, MP)

v)

CONSOLIDATION OF BURSARY FUNDS FOR EQUITABLE ACCESS TO

EDUCATION IN KENYA

(Sen. Karungo Thangwa, MP)

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Published by the Parliament of Kenya — original source. Text read from the retained document on 19 Aug 2026.