Wednesday, September 18, 2024 At 2.30 P.m.

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Wednesday, 18 September 2024 Senate

Thirteenth Parliament

Third Session (No. 091) (1571)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

AFTERNOON SITTING

WEDNESDAY, SEPTEMBER 18, 2024 AT 2.30 PM

PRAYER

  1. 1. Administration of Oath
  2. 2. Communication from the Chair
  3. 3. Messages
  4. 4. Petitions (as listed in the Appendix)
  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. *THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO.

39 OF 2024)

(Sen. George Mbugua, MP)

(First Reading)

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

BILLS NO.42 OF 2024)

(Sen. Tabitha Mutinda, MP)

(First Reading)

  1. 10. MOTION - ALTERATION OF THE SENATE CALENDAR FOR PART IV OF

THE THIRD SESSION

(The Senate Majority Leader)

THAT, notwithstanding the Resolutions of the Senate made on 15th February, 2024 (approval of the Senate Calendar) and 19th August, 2024, (alteration of the Senate Calendar), pursuant to Standing Order 32 (4), the Senate resolves to further alter its Calendar (Regular Sessions) for the Third Session, 2024, in respect of Part IV, to –

i. continue with regular sittings until Thursday, 31st October, 2024; ii. proceed for recess from 1st November, 2024; and iii. resume regular sittings on Tuesday, 12th November, 2024. ………./Motion

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1572)

  1. 11. MOTION - ALTERATION OF DATES FOR THE SITTINGS OF THE SENATE

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;

ACKNOWLEDGING THE the recommendation of the Senate Business Committee to alter the dates for holding of the sittings in Busia County, and the need to put in place the necessary measures for successful sittings;

NOW THEREFORE, the Senate resolves to alter the dates for the Senate Mashinani in Busia County from 23rd to 27th September, 2024, to 28th October to 1st November, 2024.

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

ACCOUNTS ON ITS CONSIDERATION OF THE REPORT OF THE

AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF WEST

POKOT COUNTY ASSEMBLY FOR THE FINANCIAL YEAR 2018/2019

AND REPORTS OF THE AUDITOR GENERAL ON THE FINANCIAL

STATEMENTS OF ISIOLO, KIAMBU, KITUI, MARSABIT, NAROK,

NYAMIRA, TRANS NZOIA, WEST POKOT AND MURANG’A COUNTY

ASSEMBLIES 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 Report of the Auditor General on the financial statements of West Pokot County Assembly for the financial year 2018/2019 and Reports of the Auditor General on the financial statements of Isiolo, Kiambu, Kitui, Marsabit, Narok, Nyamira, Trans Nzoia, West Pokot and Murangá County Assemblies for the financial year 2019/2020 laid on the table of the Senate on Thursday, 7th March, 2024.

(Resumption of debate interrupted on Wednesday, 7th August, 2024 – Afternoon Sitting (Division)

  1. 13. *THE CONSTITUTION OF KENYA (AMENDMENT) (NO. 2) BILL (SENATE

BILLS NO. 52 OF 2023)

(Sen. Raphael Chimera, MP)

(Second Reading) (Resumption of debate interrupted on Tuesday, 23rd July, 2024) (Division)

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

(The Chairperson, Standing Committee on Energy)

(Second Reading) (Resumption of debate interrupted on Thursday, 1st August, 2024) (Division) …………/Bills

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1573)

  1. 15. THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE

BILLS NO. 54 OF 2023)

(Sen. Eddy Oketch, MP) (Second Reading) (Resumption of debate interrupted on Wednesday, 7th August, 2024 – Afternoon Sitting) (Division)

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

OF 2022)

(The Senate Majority Leader)

(Second Reading) (Resumption of debate interrupted on Tuesday, 17th September, 2024) (Division)

  1. 17. ****THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL

(SENATE BILLS NO. 12 OF 2024)

(The Senate Majority Leader)

(Second Reading)

(Resumption of debate interrupted on Tuesday, 17th September, 2024) (Division)

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

(Sen. Edwin Sifuna, MP) (Second Reading)

(Resumption of debate interrupted on Tuesday 17th September, 2024) (Division)

  1. 19. 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. 20. COMMITTEE OF THE WHOLE

*THE TEA (AMENDMENT) BILL (SENATE BILLS NO. 1 OF 2023)

(Sen. Wakili Hillary Sigei, MP)

  1. 21. COMMITTEE OF THE WHOLE

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

NO. 17 OF 2023)

(Sen. Beatrice Ogolla, MP)

…………/Bills

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1574)

  1. 22. COMMITTEE OF THE WHOLE

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

(The Senate Majority Leader)

  1. 23. COMMITTEE OF THE WHOLE

***THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

  1. 24. 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. 25. COMMITTEE OF THE WHOLE

*THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE

BILLS NO. 40 OF 2023)

(Sen. Hamida Ali Kibwana, MP)

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

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

(Second Reading)

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

BILL (SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

(Second Reading)

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

NO. 53 OF 2023)

(Sen. Mariam Sheikh Omar, MP)

(Second Reading)

  1. 29. ***THE

NATIONAL

DISASTER

MANAGEMENT

BILL

(NATIONAL

ASSEMBLY BILLS NO. 24 OF 2023

(The Senate Majority Leader)

(Second Reading)

  1. 30. *THE

NARCOTIC

DRUGS

AND

PSYCHOTROPIC

SUBSTANCES

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

(Sen. Kathuri Murungi, MP)

(Second Reading)

…………/Bills

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1575)

  1. 31. * THE COUNTY GOVERNMENTS ELECTION LAWS (AMENDMENT) BILL

(SENATE BILLS NO. 2 OF 2024)

(Sen. Crystal Asige, MP)

(Second Reading)

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

NO. 3 OF 2024)

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

(Second Reading)

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

(Sen. Esther Okenyuri, MP)

(Second Reading)

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

(Sen. Ali Ibrahim Roba, MP)

(Second Reading)

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

OF 2024)

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

  1. 36. ***THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (SENATE BILLS

NO. 10 OF 2024)

(The Senate Majority Leader)

(Second Reading)

  1. 37. 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.

…………/Motion

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1576)

  1. 38. MOTION - 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)

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 Financial Years 2018/2019 (Volume IV), 2019/2020 (Volume V) and 2020/2021(Volume VI), for the following Water Service Companies laid on the table of the Senate on Wednesday, 29th May, 2024;

i) Busia Water and Sewerage Services Company Limited; ii) Iten- Tambach Water and Sewerage Company Limited; iii) Kirinyaga Water and Sanitation Company Limited; iv) Malindi Water and Sewerage Company Limited; v) Mandera Water and Sewerage Company Limited; vi) Migori Water and Sanitation Company Limited; vii) Mombasa Water and Sanitation Company Limited; viii) Nanyuki Water and Sanitation Company Limited; and ix) Nithi Water and Sanitation Company Limited.

  1. 39. MOTION - 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)

THAT, the Senate adopts the Report of the Standing Committee on Energy on its inquiry into the Liquefied Petroleum Gas (LPG) explosion in Mradi Area, Embakasi, Nairobi City County, laid on the Table of the Senate on Thursday, 8th August, 2024.

  1. 40. 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;

…………/Motion

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1577)

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.

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. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1578)

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

2023) (The Senate Majority Leader)

I. 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;

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)

………../Notice of Amendments

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1579)

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).

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.

……………/Notice of Amendments

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1580)

(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.

II. 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.

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.

III. 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

……………/Notice of Amendments

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1581)

(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”.

IV. 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

……………/Notice of Amendments

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1582)

(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. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1583)

B. *THE TEA (AMENDMENT) BILL (SENATE BILLS NO. 1 OF 2023)

(Sen. Wakili Hillary Sigei, MP)

NOTICE is given that the Chairperson, Standing Committee on Agriculture, Livestock and Fisheries intends to move the following amendments to the Tea Bill (Senate Bills No. 1 of 2023) at the Committee Stage—

CLAUSE 10

THAT clause 10 of the Bill be amended in paragraph (b) by deleting the words “in subsection (2) by deleting subsection (1)” appearing at the beginning of the paragraph and substituting therefor the words “by deleting subsection (2)”

CLAUSE 11

THAT clause 11 of the Bill be amended in the proposed new section 36A by inserting the words “an agent” immediately after the words “A licenced factory” in subclause (1).

CLAUSE 12

THAT Bill be amended by deleting clause 12 and substituting therefor the following new clause–

  1. 12. Section 37 of the principal Act is

amended—

(a) in subsection (1) by deleting the word “Board” appearing immediately after the words “register with the” and substituting therefor the words “respective county government”; and (b) by deleting subsection (3) and substituting therefore the following new subsection- (3) A county executive committee member responsible for matters relating to agriculture shall, in their respective county, prescribe in county legislation the procedure for registration of commercial green leaf transporters and the appeal process in case of denial of registration. Amendment of Section 37 of Cap 343

……………/Notice of Amendments

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1584)

CLAUSE 13

THAT clause 13 of the Bill be amended –

(a) in paragraph (a) in the proposed new subclause (2) by deleting the words “three shillings, eighty-five cents” appearing immediately after the words “ rate not exceeding” and substituting therefor the word “two shillings”

(b) in paragraph (c) in the proposed new subsection (5) by deleting paragraph (d) and substituting therefor the following new paragraph– (d) ten per centum shall be allocated on pro rata basis to tea growing counties to be utilized on infrastructure development.

CLAUSE 15

THAT clause 15 of the Bill be amended in paragraph (b) in the proposed new subsection (2) by deleting the word “immovable” appearing immediately after the word “All”

NEW CLAUSE 2A

THAT section 5 of the principal of the Act is amended in paragraph (e) by deleting the words “commercial green leaf transporters,” appearing immediately after the words “commercial tea nurseries”.

CLAUSE 2

THAT clause 2 of the Bill be amended –

(a) in paragraph (b) by deleting the word “enterprise” appearing immediately after the words “Special Economic Zone” in the definition of the term “import”;

(b) in paragraph (e) –

(i) in the definition of the term “direct sales” by inserting the words “or its agent” immediately after the words “between a factory” (ii) in the definition of the term “tea factory limited company” by inserting the words “or medium scale tea growers” appearing immediately after the words “scale tea growers”.

……………/Notice of Amendments

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1585)

C. *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. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1586)

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. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1587)

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

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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. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1589)

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. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1590)

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

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(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

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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

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(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

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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

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D. ****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

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(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

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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

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E. ***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

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F. ***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

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G. *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—

………./Notice of Amendments

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1601)

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

(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

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APPENDIX

  1. 1. PETITION

Petition to the Senate by Mr. Charles Ochola Osango seeking the introduction of the Hospitality Professionals Bill, 2023.

(The Speaker of the Senate)

  1. 2. PAPERS

i) The Salaries and Remuneration Commission (SRC) End of Term Report for financial years 2018/2019 – 2023/2024.

ii) Report of the Auditor General on Financial Statements of Ndithini Level 4 Hospital - County Government of Machakos for the year ended 30th June, 2022.

iii) Report of the Auditor General on Financial Statements of Kangundo Level 4 Hospital - County Government of Machakos for the year ended 30th June, 2022.

iv) Report of the Auditor General on Financial Statements of Sultan Hamud Sub County Level 4 Hospital - County Government of Makueni for the year ended 30th June, 2022.

v) Report of the Auditor General on Financial Statements of Kilungu Sub County Level 4 Hospital - County Government of Makueni for the year ended 30th June, 2022.

vi) Report of the Auditor General on Financial Statements of Mbooni Sub County Level 4 Hospital - County Government of Makueni for the year ended 30th June, 2022.

vii) Report of the Auditor General on Financial Statements of Migosi Sub County Hospital - County Government of Kisumu for the year ended 30th June, 2022.

viii) Report of the Auditor General on Financial Statements of Ober Kamoth Sub County Hospital Level 4 Hospital - County Government of Kisumu for the year ended 30th June, 2022.

ix) Report of the Auditor General on Financial Statements of Nyahera Sub County Level 4 Hospital - County Government of Kisumu for the year ended 30th June, 2022.

x) Report of the Auditor General on Financial Statements of Mandera North Sub County Level 4 Hospital - County Government of Mandera for the year ended 30th June, 2022. …………../Appendix

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xi) Report of the Auditor General on Financial Statements of Tabaka Sub County Referral Hospital - County Government of Mandera for the year ended 30th June, 2022.

xii) Report of the Auditor General on Financial Statements of Tabaka Sub County Referral Hospital - County Government of Mandera for the year ended 30th June, 2023.

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

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

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

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

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

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

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

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

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

xxii) Report of the Auditor General on Financial Statements of Mwala Level 4 Hospital - County Government of Machakos for the year ended 30th June, 2023. …………../Appendix

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

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

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

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

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

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

xxix) Report of the Auditor General on Financial Statements of Nyang’ande Sub County Level 4 Hospital - County Government of Kisumu for the year ended 30th June, 2023.

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

xxxi) Report of the Auditor General on Financial Statements of Jaramogi Oginga Odinga Teaching and Referral Hospital - County Government of Kisumu for the year ended 30th June, 2023.

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

  1. 3. NOTICES OF MOTION

i)

CONSOLIDATION OF BURSARY FUNDS FOR EQUITABLE

ACCESS TO EDUCATION IN KENYA

(Sen. Karungo Wa 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; …………../Appendix

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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;

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.

ii)

DEPLOYMENT OF SAFETY OFFICERS IN SCHOOLS FOR

ENHANCED SECURITY AND PREPAREDNESS

(Sen. Karen Nyamu, MP)

AWARE THAT schools play a crucial role in shaping the future of our children and providing a safe environment for learning; …………../Appendix

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CONSCIOUS THAT personal growth is vital, and that safety within schools is a fundamental right of every student, teacher, and other workers and that safety is critical in improving the overall quality of education;

FURTHER AWARE THAT many schools, particularly in rural and marginalized areas, lack the necessary resources and expertise to manage safety risks effectively, which exposes students and staff to potential harm;

NOTING THAT deploying dedicated safety officers in schools will significantly reduce risks, enhance preparedness, and provide immediate response capabilities during emergencies, and that these trained safety officers will oversee safety protocols, provide first aid, conduct safety drills, ensure fire preparedness, manage emergency evacuations, and assist in addressing violence or other threats within school environments;

CONCERNED THAT there have been increasing incidences of insecurity, violence, accidents, and other safety challenges in both primary and secondary schools across the country;

NOW THEREFORE, the Senate urges that the National Government, through the Ministry of Education to:

1) recruit and deploy dedicated safety officers in both primary and secondary schools nationwide; 2) implement comprehensive training in safety protocols, first aid, emergency response, and violence management; and 3) provide necessary resources and support to schools, particularly in rural and marginalized areas, to effectively deploy and utilize these safety officers.

  1. 4. QUESTIONS AND STATEMENTS

Request for Statements pursuant to Standing Order 53(1)

i) Nominated Senator (Sen. Joyce Korir, MP) to seek a Statement from the Standing Committee on Education regarding engagement of Upgrade Diploma in Primary Teacher Education holder (UDPTE) teachers, by the Teachers Service Commission.

ii) Nominated Senator (Sen. Gloria Orwoba, MP) to seek a Statement from the Standing Committee on Health regarding the operationalization of the Linda Mama Healthcare Programme.

…………../Appendix

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iii) Nominated Senator (Sen. Gloria Orwoba, MP) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the safety and welfare of employees of Moja Expressway Company who are stationed along the Nairobi Expressway.

iv) The Senator for Lamu County (Sen. Joseph Githuku, MP) to seek a Statement from the Standing Committee on Finance and Budget regarding the status of development projects in Lamu County.

v) The Senator for Nairobi City County (Sen. Edwin Sifuna, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations concerning alleged kidnapping of Ms. Florence Wanza Munyao, a Kenyan truck driver, in the Democratic Republic of the Congo.

vi) The Senator for Nandi County (Sen. Samson Cherarkey, MP) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding human resource audits by the Public Service Commission and payroll systems in government.

vii) The Senator for Kisii County (Sen. Richard Onyonka, MP) to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism regarding the state of measurement systems in the country.

viii) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the status of the Drought Resilience Programme in Northern Kenya

(DRPNK).

ix) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Education regarding the state of education in Kenya.

x) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Education regarding the safety of pupils and students in schools across the country.

xi) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Health regarding the state of maintenance and repair of medical equipment in health centres and hospitals in Kisumu County. …………../Appendix

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xii) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the operationalization of the municipalities of Maseno – Holo, Kombewa – Bodi, Ahero – Awasi, Muhoroni – Chemelil and Katito – Pap Onditi in Kisumu County.

----------

……………./Notice Paper

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NOTICE PAPER

Tentative Business for Thursday, September 19, 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 Thursday, September 19, 2024.

A. BILLS AT THE SECOND READING STAGE

i.

***THE DIVISION OF REVENUE (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILLS NO. 38 OF 2024)

(The Senate Majority Leader)

ii.

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

NO. 14 OF 2024)

(The Senate Majority Leader)

iii.

*THE CONSTITUTION OF KENYA (AMENDMENT) BILL (SENATE BILLS NO.

17 OF 2024)

(Sen. Crystal Asige, MP)

iv.

*THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE

BILLS NO. 20 OF 2024)

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

v.

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

NO. 26 OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

vi.

****THE ELECTION OFFENCES (AMENDMENT) (NO. 2) BILL (SENATE

BILLS NO. 28 OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

vii.

**** THE ELECTIONS (AMENDMENT) (NO. 2) BILL (SENATE BILLS NO. 29

OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

viii.

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

2024) (Sen. Eddy Oketch, MP)

ix.

*THE LIVESTOCK PROTECTION AND SUSTAINABILITY BILL (SENATE

BILLS NO. 32 OF 2024)

(Sen. (Dr.) Lelegwe ltumbesi, MP)

…………./Notice Paper

(No. 091) WEDNESDAY, SEPTEMBER 18, 2024 (AFTERNOON SITTING) (1610)

x.

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

(Sen. Edwin Sifuna, MP)

xi.

*THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM

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

(Sen. Karungo Thang’wa, MP)

xii.

*THE TOBACCO CONTROL (AMENDMENT) BILL (SENATE BILLS NO. 35

OF 2024)

(Sen. Catherine Mumma, MP)

B. MOTIONS

i.

ESTABLISHMENT OF NATIONAL TEACHING AND REFERRAL HOSPITALS

IN KENYA

(Sen. Johnes Mwaruma, MP)

ii.

COUNTY GOVERNMENTS TO SET ASIDE LAND FOR THE PLANTING OF

INDIGENOUS TREES

(Sen. Richard Onyonka, MP)

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

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