Reading copy. Formatted from the official Hansard transcript for on-screen reading. The wording is the record’s; the layout is ours, and a speaker is linked to a profile only where that identity could be verified against the current Parliament roster — earlier sittings show names without links. Read the official PDF.

THIRTEENTH PARLIAMENT

Fifth Session

Thursday, 26th February, 2026 at 2.30 p.m.

PARLIAMENT OF KENYA

The House met at the Senate Chamber, Parliament Buildings at 2.32 p.m.

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

COMMUNICATIONS FROM THE CHAIR

VISITING DELEGATION FROM THE COUNTY ASSEMBLY OF BUNGOMA

Hon. Senators, I would like to acknowledge, in the Speaker’s Gallery this afternoon, the presence of a visiting delegation of members of staff from the County Assembly of Bungoma who are undertaking a training on Legislative Public Policy Analysis at the Centre for Parliamentary Studies and Training (CPST).

Hon. Senators, on behalf of the Senate and my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit.

I thank you.

Hon. Senators, I would like to acknowledge in the Speaker’s Gallery this afternoon, the presence of a visiting delegation from the County Assembly of Kwale comprising members of the Finance, Budget and Appropriation Committee and its secretariat. The delegation is undertaking a training programme at the CPST.

Hon. Senators, I request each member of the delegation to stand when called out, so that you are acknowledged in the Senate tradition-

1. Hon. Hanifa Mwajirani Majority Leader/Member
2. Hon. Manza Beja Chairperson
3. Hon. Teresia B. Muoki Member
4. Hon. Ali Bedzame Member
5. Hon. Yusuf Sengeza Member
6. Hon. Augustine Ndegwa Fredrick Member
7. Hon. Juma Maone Member
8. Hon. Hamisi Mkaha Member
9. Hon. Mulki Adan Member
10. Mr. Said Mwamazima Assistant Director, Hansard Services

1. Mr. Omari Juma Gambere Principal Finance Officer
2. Mr. Mrina M. Komboza Principal Clerk Assistant
3. Mr. Chimba Sindi Serjeant-At-Arms
4. Ms. Fatuma Kingi Legal Counsel There is no relationship.

1. Mr. Juma Hassan Zani Clerk Assistant

Hon. Senators, on behalf of the Senate and on my own behalf, I extend a warm welcome to the delegation and wish them a fruitful visit.

I will call upon the Senator for Bungoma, under one minute, to extend a word of welcome---

Have a seat Senator. You do not roam around when the Chair is on his feet.

I call upon the Senator for Bungoma, in under one minute, to extend a word of welcome to the delegation from Bungoma. I will also call upon Sen. Chimera, under one minute, to extend a word of welcome to the delegation from Kwale County.

You may proceed, Senator for Bungoma.

kibinafsi, nimefanya kazi nao. Mheshimiwa Hanifa Badi ni mkereketwa wa chama cha Orange Democratic Party (ODM). Tumepitia mengi akiwa kiongozi wa ODM katika County Assembly ya Kwale. Naweza kudhibitisha hapa kwa sasa ya kwamba anazo tende na haitaji tende za mheshimiwa Chimera. Nataka nitoe pole ya Mheshimiwa Issa Boy ambaye yuko njiani, anakuja hapa Bunge. Ndiye Seneta wa Kwale.

Nawashukuru kwa kufika Katika Bunge la Seneti. Tunawaheshimu sana. Mheshimiwa Hanifa Badi, unajuwa nakuheshimu sana kwa kazi nzuri unayofanya katika chama chetu, katika County Assembly ya Kwale. Tunakutambua. Wasiojuwa story yangu na Hanifa waende hadi wakati wa uchaguzi wa mwaka wa 2011 katika Eneo Bunge la Msambweni. Watajua ni kwa nini namheshimu huyu dada.

Bw. Spika, unajua kwamba wakati mwingine mambo huwa yanachemka. Wale foot soldiers wa chama, mimi kama katibu mkuu, nawatambua sana. Asanteni kwa kufika hapa Bunge.

PAPERS LAID

REPORT ON OVERSIGHT NETWORKING ENGAGEMENTS IN KITUI, MAKUENI AND MACHAKOS COUNTIES

MOTOR VEHICLE INSPECTION RULES

NOTICE OF MOTION

ADOPTION OF REPORT ON OVERSIGHT NETWORKING ENGAGEMENTS IN KITUI, MAKUENI AND MACHAKOS COUNTIES

QUESTIONS AND STATEMENTS

STATEMENTS

NON-CONSENSUAL RECORDING AND DISSEMINATION OF INTIMATE VIDEOS OF KENYA WOMEN BY RUSSIAN MAN

Mr. Speaker, Sir, beyond enforcement, the victims require protection and support. This matter calls for strengthened survivor-centered responses, including confidential reporting channels, psycho-social support, legal aid and public education on the criminality of recording, processing, sharing or recirculating intimate content without consent. It also calls for renewed national commitment to combating technology- facilitated gender-based violence through prevention, accountability and the promotion of responsible digital citizenship.

The dignity of Kenyan women is not negotiable. This House must send a clear message that exploitation, whether physical or digital, will not be tolerated, and that the rights of privacy and dignity guaranteed under our Constitution shall be protected without hesitation or exception.

Thank you.

SHOOTING OF MR. VINCENT AYOMO

1. The circumstances under which police officers were deployed to the rally in Kitengela, including the chain of command and the officers involved and their respective police stations.
2. The justification, if any, for the use of force and the specific circumstances that led to the shooting of Mr. Vincent Ayomo.
3. The action taken against the officers involved, including any investigations commenced and their current status.
4. The number of persons injured, arrested or otherwise affected and an assessment of damage to property.
5. The measures in place to compensate the family of Mr. Vincent Ayomo and other affected persons.

Mr. Speaker, Sir, with your permission, I have a second statement. I could take that as well.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on Justice, Legal Affairs and Human Rights (JLAHRC) on a matter of countywide concern regarding the implementation status of the World Intellectual Property Organization Performance and Phonograms Treaty, (WPPT), whose ratification was confirmed by a Cabinet dispatch dated Thursday, 12th May, 2022.

The treaty is intended to safeguard the rights of performers and producers of phonograms by ensuring fair remuneration, recognition and protection of their works, particularly in the digital environment. With the rapid growth of the creative economy and the increasing exploitation of digital platforms for the distribution of creative content, the effective domestication and enforcement of this treaty can no longer remain a peripheral issue in national discourse. There is an urgent need to clarify the extent to which Kenya has fulfilled its obligations under the treaty and the practical measures in place to secure the rights of creatives.

In the Statement, the Committee should address the following-

1. The current status of the World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty in terms of ratification, domestication, international law and implementation, including any legislative or regulatory amendments undertaken.
2. Detailed breakdown of the legal, administrative and policy measures currently in place to prevent and address violations, including the circumvention of technological protection measures and the unauthorised use of protected works.
3. The existing local, legal and institutional frameworks that complement the WIPO Performances and Phonograms Treaty in promoting, protecting and mainstreaming the rights and economic interests of creatives in the country. Thank you.

PILFERAGE OF NAIROBI WATER AND SEWERAGE COMPANY ASSETS

I rise pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on Devolution and Inter-Governmental Relations on a matter of country-wide concern regarding operations of the Nairobi Water and Sewerage Company and the welfare of citizens.

Mr. Speaker, Sir, recent revelations have exposed systemic theft and illegal sale of water infrastructure assets belonging to the Nairobi Water and Sewerage Company (NCWSC) The scheme has caused losses amounting to billions of shillings, weakening the company's capacity to maintain and expand its infrastructure. Residents of Nairobi ultimately bear the costs through higher tariffs, delayed repairs and poor service delivery. This development raises serious concerns about governance and oversight within The

NCWSC and demands urgent corrective action to protect public resources and restore confidence in the management of water services.

In the statement, the committee should address the following-

1. The audit and inventory control measures mechanisms currently in place within the Nairobi Water and Sewerage Company to safeguard water infrastructure assets and clearly state the extent to which these mechanisms are effective in preventing laws, theft or misappropriation.
2. An update and detailed inventory of all Nairobi Water and Sanitation Company assets and supplies specifying their quantities, location and corresponding monetary value to establish the true status of the company's asset base.
3. Measures in place to ensure the safety and integrity of the NCWSC assets, including any ongoing or proposed reforms such as digital asset tracking systems, CCTV surveillance, independent audits, staff rotation policies and internal controls designed to strengthen oversight and accountability.
4. Whether there have been any recent cases of asset loss, theft, or misappropriation within the NCWSC, and if so, detail the action taken to investigate such incidents, recover lost assets, hold responsible officers accountable and prevent any recurrence.
5. The accountability frameworks in place to guarantee transparency in the NCWSC procurement, staffing and asset management practices and specify the steps being taken to protect residents of Nairobi from the risk and dangers posed by the compromised or missing water infrastructure that will affect the issue of water provision.

Mr. Speaker, Sir, with your indulgence, let me move on to my second statement.

CLOSURE OF LESSOS NATIONAL POLYTECHNIC IN NANDI COUNTY

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on Education on a matter of national concern regarding the recent unrest at Lessos National Polytechnic.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on Education on a matter of national concern regarding the recent unrest at Olesos National Polytechnic in Nandi County and the subsequent indefinite closure of the institution following tensions arising from the vetting results of the Technical and Vocational Education and Training Authority (TVETA) Personnel Association Council elections held on 11th February, 2026.

The vetting exercise, which disqualified several aspirants, triggered dissatisfaction among students and escalated into protests that disrupted learning and led to property damage. The administration responded by closing the polytechnic indefinitely, leaving students stranded and raising concerns about the academic progress, welfare and the general running of the polytechnic.

In the statement, the committee should address the following-

1. The current status of inquiry into the agencies leading investigations into the matter and the conduct of both students and administrators during the incident.

1. he immediate actions taken by the Ministry of Education and the Polytechnic's management to restore calm, safeguard students and staff safety, and manage communication during the crisis.
2. The reasons that informed the indefinite closure of the institution and the measures, timelines and safeguards in place to reopen the institution and resume learning;
3. The steps taken to address students' concern over the TVEPTA Council election vetting process, measures to ensure transparency and fairness in future elections.
4. The current financial status of Lessos National Polytechnic, including government capitation, internally generated funds, accountability for expenditures, the role of the principal in financial oversight and findings of any recent audits, including the board.
5. The measures to rebuild the public trust in the institution of Lessos, strengthen accountability and governance structures, engage with stakeholders and prevent similar disruptions in technical training institutions.

Mr. Speaker, Sir, as you are aware, the Senator from Trans Nzoia County had requested that I read his statement on his behalf.

Thank you, Mr. Speaker, Sir, for your indulgence.

UNLAWFUL CLOSURE OF CPSB OFFICES AND TRANSFER OF BOARD STAFF IN TRANS NZOIA COUNTY

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1), to seek a statement from the Standing Committee on Devolution and Intergovernmental Relations on a matter of countywide concern regarding the unlawful closure of the County Public Service Board of Trans Nzoia County Government and the transfer of its staff.

The County Secretary of Trans Nzoia County Government, acting on instructions from the Governor of Trans Nzoia County, issued a statement on 16th February, 2026, directing the closure of the county public service board offices and the transfer of its staff.

This action is arbitrary and of grave concern, given that the county public service board is an independent institutional organ established under Article 235 of the Constitution of Kenya and operationalised by the County Governments Act of 2012. The board is not subordinate to the county executive and is insulated from executive administrative control, supervision, or interference.

Consequently, the county governor lacks legal authority to dissolve, suspend or otherwise paralyse the operations of a sitting board outside the procedure prescribed by law.

In the statement, the committee should address the following-

1. The circumstances under which the Governor of Trans Nzoia County directed the closure of the County Public Service Board offices and the transfer of its staff and the legal basis for the Governor's action.
2. Whether investigations into allegations of unlawful interference with the county public service board, statutory mandate, administrative overage, disruption of public service processes, including obstruction of the board's management of county

personnel, have been undertaken and if so, table the findings and recommendations for corrective action and accountability.

1. Measures in place to cause the immediate reopening of the Trans Nzoia County Public Service Board offices, the reversal of all directives transferring board staff, as well as measures to safeguard operational independence and compliance with the constitutional and statutory requirements relating to operations of the Trans Nzoia County Public Service Board.

Mr. Speaker, Sir, this is on behalf of Sen. Allan Chesang, the Distinguished Senator from Trans Nzoia County.

I thank you, Mr. Speaker, Sir.

ALLOCATION OF KISIMA LAND TO CIVIL SERVANTS IN NJORO SUB-COUNTY

DESTRUCTION OF CROPS AND PROPERTY BY BUFFALOES IN KARAI AREA, NAKURU COUNTY

1. The immediate and urgent strategies in place to control the stray buffaloes from further destruction of people's property; and,

1. The compensation plan by the Ministry of Tourism and Wildlife for the affected families as well as timelines for identification and documentation of the affected residents in order to facilitate such compensation. This Statement is read by Sen. Tabitha Keroche, Senator for Nakuru County.

GOVERNANCE, REGULATORY COMPLIANCE AND ACCOUNTABILITY AT CIC GROUP

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a statement from the Standing Committee on Trade, Industrialisation and Tourism on a matter of national concern regarding governance, regulatory compliance and accountability at the Co-operative Insurance Company (CIC) Group. The CIC Group is a major insurer serving millions of Kenyans, especially within the co-operative movement and its operations have significant national, economic and social implications.

Reports in the public domain allege systemic irregularities, including excessive commission payments allegedly above the Insurance Regulatory Authority (IRA) limits, conflicts of interest arrangements involving agencies or brokerages linked to senior leadership, weak internal controls and questionable procurement, asset disposal and related transactions. Further, there are concerns related to retaliation against staff who raise fraud or compliance issues, suppression of internal reports and failure to honour lawfully employment obligations and settlement agreements.

In the statement, the committee should address the following-

1. The extent of compliance with the IRA prescribed commission rates across CIC Group, particularly in respect of Savings and Credit Co-operative Organisation (SACCO) based and large scheme business portfolios.
2. Particulars of agencies, brokerages and intermediary arrangements, including linkages to persons in senior leadership positions within the CIC Group and recommend appropriate action.
3. The integrity of recruitment, procurement and asset acquisition and disposal process within the group, including evidence of undue influence or abuse office by senior officers.
4. The adequacy and independence of internal whistleblowing mechanisms, including how reports of fraud or regulatory breaches are handled and whether there have been instances of retaliation, victimization or obstruction of oversight processes from 2020 to date.
5. Circumstances surrounding the failure to honour settlement agreements and employment dues, including instances from non-compliance with statutory clearance procedures from 2020 to date and governance and accountability implications arising therefrom.
6. Measures recommended to safeguard the interest of co-operative members, policyholders and the wider public.

The Statement was signed by Sen. Andrew Omtatah, Senator from Busia County, on 20th February, 2026.

Mr. Speaker, Sir, allow me to read my second Statement.

PROCUREMENT AND CONCESSION IRREGULARITIES IN RIRONI-NAKURU-MAU SUMMIT ROAD PROJECT

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1), to seek a Statement from the Standing Committee on Finance and Budget on a matter of national concern regarding illegalities surrounding the procurement, restructuring and concessioning of the Rironi-Nakuru-Mau Summit Toll Road Project.

The Rironi-Nakuru-Mau Summit Corridor is among the country’s most critical transport arteries, linking Nairobi to Rift Valley and western region and it is central to the national economy, regional trade and public mobility. However, recent revelations concerning the procurement, restructuring and concessioning of this project indicate that the original Public-Private Partnership (PPP) contract which was initially awarded as a single concession, was subsequently split between two foreign contractors in a process intended to avoid prolonged external scrutiny.

In the statement, the committee should address the following-

1. The procurement and restructuring process of the Rironi-Nakuru-Mau Summit Toll Road Project, including compliance with the Constitution, the Public Procurement and Asset Disposal Act, the Public Finance Management (PFM) Act, the Access to Information Act and the Public Private Partnership Act.
2. Whether the PPP Committee approved the restructuring or splitting of the concession, including concession documents, financial models, the key terms and conditions of the restructured split contracts and documentary evidence of such approval, including the relevant minutes or resolutions.
3. The status of environmental and social approvals following the restructuring, including whether any variation required fresh or updated approvals and compliance measures.
4. The proposed tolling framework, including public participation undertaken, proposed toll rates, exemptions, if any, escalation or adjustment mechanisms and the concession duration.
5. Measures to ensure transparency, accountability, value for money and strict adherence to the law in the current and future PPP infrastructure projects, including safeguards on contract restructuring and disclosure of material variations. This statement was signed by Sen. Andrew Omtatah Okoiti, MP, Senator from Busia, on 20th February, 2026.

Now, hon. Senators, there is a statement that has been

sought by the Senator for Nandi County, which I committed to the Standing Committee on Devolution and Intergovernmental Relations. I now direct that, that particular Statement be directed to the Standing Committee on Land and Natural Resources.

Yes, Deputy Party Leader for ODM and the Senator for Vihiga County.

Order! Order! That is according to the papers that we have.

Now, hon. Senators, if you look at our Standing

Orders on the contents of a statement, you will see that you cannot seek a statement on a matter that is actively being pursued by another committee. In that case, I will stand down this statement until we receive the report from County Public Investments and Special Funds Committee (CPIC) because we will be investigating the same matters by two committees.

I will step it down to allow CPISFC to conclude its investigations. Once we receive the report from CPISFC, we will get to know the fate of this particular request.

Now, hon. Senators, allow me, pursuant to Standing Order No.45(2), to rearrange today's Order Paper.

Oh, yes. Immediately, the Majority Leader will have concluded his statement, I will rearrange today's Order Paper and move to Order Nos. 8, 9, 10, 12 and 14. Thereafter, we shall resume the normal flow as contained in today's Order Paper.

Majority Leader, you may proceed.

BUSINESS FOR THE WEEK COMMENCING TUESDAY, 3RD MARCH, 2026

Sen. Eddy is busy, not listening to what I am saying, while his committee has two petitions. Sen. Eddy Oketch, you have three petitions that are due for reporting. They are delayed in your Committee on Roads, Transportation and Housing. Please, expedite because that is business. You cannot just be dealing with those matters alone, you have other business.

I implore upon the stated Standing Committees to expedite consideration of these petitions and table reports therein.

On Tuesday, 3rd March, 2026, the Senate Business Committee will meet to consider the business for the week. The tentative business for that day will include business that will not have been concluded in today's Order Paper, as well as business indicated in the Notice Paper.

The tentative business for the morning sitting on Wednesday, 4th March, will include questions to the Cabinet Secretaries as approved by the Senate Business Committee as well as motions and questions.

The schedule of questions contains the Ministry of Agriculture and Livestock Development, and the Cabinet Secretary for Youth Affairs, Creative Economy and Sports by Prof. Tom Ojienda, the Senator for Kisumu. Those two Cabinet Secretaries are due to report to the House on their findings on those two statements sought by Sen. Ojienda.

Mr. Speaker, Sir, the business for that afternoon will be any business that will not have been concluded on Tuesday as well.

These are the Bills that are at the Second Reading stage:

1. The County Governments
2. The Environment Laws (Amendment) Bill (Senate Bill No. 23 of 2024);
3. The Sports (Amendment) Bill (Senate Bills No. 33 of 2024);
4. The Environment Laws (Amendment) Bill (Senate Bill No. 23 of 2024); (State Officers’ Removal from Office)

The projected business for Thursday, 5th March, 2026, will include business not concluded in the Order Paper for Wednesday, 4th March, 2026, and any other business scheduled by the Senate Business Committee.

I thank you Mr. Speaker, Sir, and do hereby lay the Statement on the Table of the Senate.

BILL

First Reading

THE MINING (AMENDMENT) BILL (SENATE BILLS NO.22 OF 2025)

(Order for First Reading read- Read the First Time and Ordered to be referred to the relevant Committee)

1. 00 a.m. So, please, purpose to spend the night in Naivasha, so that we start tomorrow in good time. Thank you.

COMMITTEE OF THE WHOLE

IN THE COMMITTEE

The Temporary Chairperson (Sen. Veronica Maina): Hon. Senators, you may resume your seats for the Committee of the Whole. We are proceeding on with the Committee of the Whole to consider ---

Could you take your seats, Sen. Seki and Sen. Abdul? Sen. Shakila and Minority Leader, please, resume your seats. We are starting with consideration of the President's Memorandum on the Cancer Prevention and Control (Amendment) Bill (National Assembly Bills No.45 of 2022).

THE CANCER PREVENTION AND CONTROL AMENDMENT BILL (NATIONAL ASSEMBLY BILLS NO.45 OF 2022)

(Consideration of His Excellency the President’s recommendations) The President’s Recommendation on Clause 2

The Temporary Chairperson (Sen. Veronica Maina): I invite the Chairperson Standing Committee on Health to move the proposed amendment to Clause 2 of the Bill and explain the meaning, purpose and effects of the recommendation sent to the Committee.

Chairperson, Standing Committee on Health, Sen. Mariam, are you the one taking up that?

I should be made aware. This is because the Committee on Health did not even invite me when they were considering the Presidenti’s recommendations.

Maybe you can guide. Thank you. The Temporary Chairperson (Sen. Veronica Maina): Sen. Cherarkey, that is a valid concern. I believe the Chairperson of the Standing Committee on Health should have invited you to get the feedback that was received from the President. In future, Chairperson of the Standing Committee on Health, you should be guided on how you should deal with Bills that are sponsored by Members in their private capacity as members. Invite then, let them be part of the process and understand the new recommendations.

So, let us proceed. The President's recommendations on clause 3. The President’s Recommendations on Clause 3

The Temporary Chairperson (Sen. Veronica Maina): I invite the Chairperson of the Committee on Health to move the proposed amendment to Clause 3 and explain the meaning, purpose and effect of the Committee's recommendation.

1. Parliament, after considering the President’s reservations, may pass the Bill a second time, without amendment, or with amendments that do not fully accommodate the President’s reservations, by a vote supported—
2. by two-thirds of members of the National Assembly; and,
3. two-thirds of the delegations in the Senate, if it is a Bill that requires the approval of the Senate What is the net effect in the deletion of clauses because I have just been shown the president’s reservations on the deletion of a number clauses? What will be the net effect and interpretation of Article 115, where we have considered the Bill? If we do not reach two-thirds of the Senate County delegations, does it mean the president’s reservations falls by the sword and, therefore, my amendments stand? What happens if two-thirds is met at the National Assembly, but not at the Senate? Does it mean my amendments will continue being alive because it would mean the president’s referral have not been acceded to as per Article 115? Maybe you could give a ruling now or I could wait for a well written ruling at any given opportunity. The Temporary Chairperson (Sen. Veronica Maina): I think as a basic rule, if two-thirds vote is not achieved, you know what will happen to the proposal ideally. I do not think that should serve to stop the process of the Committee of the Whole. We will proceed because the guidelines are well laid out under the Standing Orders and of course, the overarching principles in the constitution. I now invite the Mover to proceed to move this Bill.

CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE METEOROLOGY BILL (SENATE BILLS NO.45 OF 2023)

The Temporary Chairperson (Sen. Veronica Maina): Honourable Senators, we are now considering the National Assembly amendments to the Bill. Clause 7

1. inserting the words “Civil Aviation Act and the relevant regulations” immediately after of the word “Aviation” appearing in paragraph (d);

1. inserting the following new paragraph immediately after paragraph (f)— (fa) integrate traditional indigenous knowledge with modern science in weather forecasting through participatory scenario planning; and
2. inserting the following new paragraph immediately after paragraph (l)— (la) collaborate with the National Drought Management Authority in the development of drought early warning systems; (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 12 Sen. Faki: Madam Temporary Chairperson. I beg to move- THAT, clause 12 of the Bill be amended —
3. in sub-clause (1) by deleting the words “board of directors to be known as the Kenya Meteorological Service Authority Board” and substituting therefor the word “Board”;
4. in sub-clause (2)—
5. by deleting the words “in the ministry” appearing in paragraph
   1. and substituting therefor the words “for the time being”; (ii) by deleting the words “in the ministry” appearing in paragraph
   2. and substituting therefor the words “for the time being”; (iii) by deleting the words “in the ministry” appearing in paragraph
   3. and substituting therefor the words “for the time being”; (iv) by inserting the following new paragraph immediately after paragraph (d)— “(da) the Principal Secretary for the time being responsible for agriculture or his or her representative”;
6. by deleting the words “his representative” appearing in paragraph
   1. and substituting therefor the words “a representative”; and (vi) in paragraph
      1. by inserting the following new sub-paragraph immediately after sub-paragraph (v)— (vii) drought risk management. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 19

1. The Board may, where it deems appropriate, co-opt or invite any

1. An owner of land may consent in writing to the development of a meteorological observation station, upon agreement being reached with the Authority as to the amount of compensation payable, if any, and any consent so given shall be binding on all parties having an interest in the land.
   1. If any difficulty or question arises as to the amount, entitlement to compensation or person entitled to compensation payable under this Act, the determination shall be made in accordance with the provisions of the relevant written law. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 53

1. in sub-clause (3) by inserting the words “and non-technical” immediately after the word “technical”;
2. in sub-clause (5) by inserting the words “and non-technical” immediately after the word “technical”; and
3. by deleting sub-clause (6) and substituting therefor the following new sub- clause—

1. Despite subsection (3), a technical or non-technical member of staff shall upon the commencement of this Act, be given an option to elect to serve in the Authority or be redeployed in the civil service within a period of one year. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 43A

1. by inserting the words “the Kenya Meteorological Services Authority” immediately after the words “the Kenya Civil Aviation Authortiy

(Question, that the New Clause 43A be read a Second Time proposed) (Question, that the New Clause 43A be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 1

to the Meteorology Bill (Senate Bill No.45 of 2023) and seeks leave to sit again tomorrow.

The Temporary Chairperson (Sen. Veronica Maina): We are done with that Bill. We will proceed to the third Bill.

CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE ELECTION OFFENCES (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.28 OF 2024)

Clause 2

1. deleting paragraph (a) and substituting therefor the following new paragraph—
   1. in paragraph (h), by inserting the words "or unreasonably delays" immediately after the word "fails";
2. deleting paragraph (c) and substituting therefor the following new paragraph
3. by inserting the following new paragraphs immediately after paragraph

1. —
   1. conducts or holds an election in a polling station which has not been published in the Gazette and publicised through electronic and print media of national circulation and other easily accessible medium;
   2. knowingly or intentionally interferes or alters declared results or knowingly or intentionally causes another person to interfere or alter declared results. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 4

The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end.

THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) (NO.4) BILL (NATIONAL ASSEMBLY BILLS NO.45 OF 2024)

Clause 2

Clause 4

1. inserting the following new clauses immediately after clause 1 — Amendment of section 23 of Cap. 412A. 1A. The Public Finance Management Act, hereinafter referred to as the “principal Act”, is amended in section 23 by deleting the words “three months” appearing immediately after the words “not later than” in subsection (1) and substituting therefor the words “two months”.

(Question, that the New Clause 1A be read a Second Time proposed) (Question, that the New Clause 1A be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. New Clause 1B

1B.

The principal Act is amended in section 24 (10) by deleting the words “three months” appearing immediately after the words “not later than” in paragraph (b) and substituting therefor the words “two months”.

(Question, that the New Clause 1B be read a Second Time proposed) (Question, that the New Clause 1B be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. New Clause 3A

1. in subsection (2) by deleting the words “three months” appearing immediately after the words “year within” in paragraph (k) and substituting therefor the words “two months”;
2. in subsection (4) —
3. by inserting the words “or the Auditor-General under Article 229 of the Constitution” immediately after the words “of the Constitution” appearing in the introductory phrase; by inserting the words” Auditor-General” immediately after the words “National Treasury” in paragraph (b); and (ii) by inserting the following subsection immediately after sub-section
4. — “(4A) An accounting officer who does not implement the recommendations made under subsection (4) shall be liable to the penalty provided for under section 199.”

(Question, that the New Clause 3A be read a Second Time proposed) (Question, that the New Clause 3A be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end.

New Clause 3B

of section 82 of Cap 412A.

1. by deleting the words “three months” appearing immediately after the words “not later than” in subsection (3) and substituting therefor the words “two months”; and
2. by deleting the words “three months” appearing immediately after the words “not later than” in subsection (4) and substituting therefor the words “two months”.

(Question, that the New Clause 3D be read a Second Time proposed) (Question, that the New Clause 3D be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. New Clause 3E

1. (a) by inserting the following new subparagraph immediately after subparagraph (ii)–– (iia) has persistently delayed or failed to remit employee salaries, statutory deductions including taxes, pension, social health insurance or cooperative societies deductions;

(Question, that the New Clause 3E be read a Second Time proposed) (Question, that the New Clause 3E be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. New Clause 3F

of section 109 of Cap 412A. following new subsections immediately after subsection (7) –– (7A) A county shall, every quarter, submit the following additional documents to the Controller of Budget and the National Treasury––

1. a statement of statutory deductions status;
2. a statement on the county government’s progress in implementing the previous year’s plan for paying its outstanding statutory deductions;
3. a certification of payment of previous statutory deductions issued by the relevant statutory institutions; and
4. a statement of the county government’s plan for repaying the statutory deductions which shall be accompanied by an agreement signed by the relevant statutory institution accepting the repayment plan.

(Question, that the New Clause 3F be read a Second Time proposed) (Question, that the New Clause 3F be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. New Clause 3G

New Clause 3H

The Temporary Chairperson (Sen. Veronica Maina): I invite the mover, Sen. Tabitha.

1. in subsection (1) by deleting the expression “by the 28th February” appearing immediately after the words “county assembly,” and substituting therefor the expression “by the 7th March.”
2. in subsection (6) by deleting the word “fourteen” appearing immediately after the words “not later than” and substituting therefore the word “twenty–one.”

(Question, that the New Clause 3I be read a Second Time proposed) (Question, that the New Clause 3I be part of the Bill proposed)

The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 3J

1. by deleting subsection (2) and substituting therefor the following new subsection—
2. The County Executive Committee
3. by inserting the following new subsections immediately after
4. , the relevant committee of the County Assembly shall introduce member for finance shall

of Cap 412A.

(Question, that the New Clause 3L be read a Second Time proposed) (Question, that the New Clause 3L be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 3M

1. in subsection (2) by deleting the words “three months” appearing immediately after the words “not later than” in paragraph (k) and substituting therefor the words “two months”;
2. in subsection (3) by –
3. inserting the words “or the Auditor-General under Article 229(7) of the Constitution” immediately after the word “Constitution” appearing in the introductory phrase; (ii) inserting the words “Controller of Budget and Auditor-General” immediately after the words “County Treasury” appearing in paragraph
4. .
5. by inserting the following new subsection immediately after subsection (3)— (3A) An accounting officer who does not implement the recommendations made under subsection (3) shall be liable to the penalty provided for under section 199.

(Question, that the New Clause 3M be read a Second Time proposed)

(Question, that the New Clause 3M be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Sen. Tabitha, can you approach the Chair for a minute before we proceed.

New Clause 3N

1. The principal Act is amended in section 164 by deleting the words “three months” appearing immediately after the word “within” in the introductory phrase to subsection (4) and substituting therefor the words “two months”.

(Question, that the New Clause 30 be read a Second Time proposed)

(Question, that the New Clause 30 be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 3P

The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 3R

Part IVA - FINANCING OF TRANSFERRED FUNCTIONS

Interpretation of this Part.

186A. In this Part, unless the context otherwise

requires—

“transfer agreement” means the agreement on transfer or delegation of powers, functions or competencies as provided for under section 26 of the Intergovernmental Relations Act. Cap. 265F. Application of the Part to transfer of functions. 186B. This Part applies to transfer of functions as provided for under Article 187 of the Constitution and sections 24 to 28 of the Intergovernmental Relations Act. 186C. (1) Subject to the Constitution, this Act and any other Act of Parliament, and with the approval of the National Assembly and the respective county assembly, transferred functions shall continue to be funded from previous sources as contained in the approved budgets of the transferring level of government.

1. Where there is need for additional financial resources for a transferred function— (a)the parties shall consult and agree on the need for the additional financial resources; and
2. the parties shall consult and agree on the need for the additional financial resources; and
3. the transferring government shall provide the additional financial resources.
4. The process of approval and disbursement of the additional financial resources in subsection (2) shall be provided for in the transfer agreement between the two levels of government. Costing of transferred functions. 186D. (1) The cost of the transferred functions shall be based on the costing framework provided

in the national and county government budget manuals.

1. The cost of transferred functions as determined under subsection (1) shall form the basis for the additional financial resources for the transferred functions.
2. The additional financial resources for transferred functions—
3. in the case of a county government to the national government for a financial year, shall be provided as a separate schedule in the budget estimates, identifying allocations from the county government revenue and clearly specifying appropriations- in-aid, additional allocations and proceeds from loans and grants; and
4. in the case of the national government to a county government for a financial year, shall be provided as a separate schedule in the budget estimates, identifying allocations from the national government revenue and clearly specifying appropriations-in-aid, additional allocations and proceeds from loans and grants.
5. The allocations under subsection (3) shall be included in the budget estimates of both the county and national government and shall be submitted to Parliament and the respective county assembly for approval. Management of assets and liabilities. 186E. (1) A transfer agreement between the two levels of government shall, in addition to the requirements under section 26 of the Intergovernmental Relations Act, include a provision on acquisition, disposal and transfer of assets and liabilities.
6. Where assets are acquired and liabilities incurred in the duration of a transfer of a function to either level of government, the level of government receiving the functions shall—
7. keep, maintain and update the register of assets and liabilities in accordance with the applicable law and;
8. take appropriate measures to ensure that at the end of the transfer period, the assets and liabilities are transferred to the transferring level of government.
9. The process of transfer of assets and liabilities upon the expiry of the transfer period shall be in accordance with the transfer agreement or as may be prescribed by the Cabinet Secretary in regulations. Cash flow

projections in relation to the transferred functions.

186F. (1) The transferring level of government shall prepare cash flow projections based on revenue projections from various sources of revenue.

1. The transferring level of government shall publish and publicize the cash flow projections within fifteen days of the commencement of the transfer period. Quarterly and annual financial and non-financial reports. 186G. (1) The accounting officer in a county government, in case of a transfer of a function from the national government to a county government, shall prepare and submit quarterly and annual financial and non-financial reports to the Controller of Budget; the National Treasury and the responsible national government entity.

1. The accounting officer in the national government in case of a transfer of a function from a county government to the national government shall prepare and submit quarterly and annual financial and non-financial reports to the Controller of Budget; the County Treasury; and the responsible county government entity.

1. The copies of the reports prepared under subsections
   1. and

1. shall be submitted to the Senate, the National Assembly, the Auditor General and the respective county assembly in accordance with the Act.

(Question, that the New Clause 3R be read a Second Time proposed) (Question, that the New Clause 3R be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. The Title and Clause 1

The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end.

Sen. Wakoli, can you approach the Chair, please?

I now invite the Mover, Sen. Wafula Wakoli, to move the amendments to the Public Finance Management Amendment No.4 (National Assembly Bills No.45 of 2024). Sen. Wakoli, proceed.

I would like to request the loud consultations to be lowered.

Madam Temporary Chairperson, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate its Consideration of the Public Finance Management Amendment No.4 (National Assembly Bills No.45 of 2024), and seek to leave to sit again tomorrow.

THE LABOUR MIGRATION AND MANAGEMENT (NO.2) (SENATE BILLS NO.42 OF 2024)

The Temporary Chairperson (Sen. Veronica Maina): We are proceeding to the next Bill; the Labour Migration and Management No.2 (Senate Bills No.42 of 2024). I would like to invite the Clerk to read out the clauses. Clauses 3-10

(Question, that Clauses 3, 4, 5, 6, 7, 8, 9 and 10, be part of the Bill proposed) Division will be at the end.

Senators, please, consult in low tones. Clauses 11-17

(Question, that Clauses 11, 12, 13, 14, 15, 16

and 17 be part of the Bill, proposed) Division will be at the end. Clause 18

The Temporary Chairperson (Sen. Veronica Maina): The Chairperson, Standing Committee on Labor and Social Welfare, Sen. Crystal Asige, please, move this.

1. deleting (d) and substituting therefor the following new paragraph —
   1. market viability;
2. deleting paragraph (e). (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 19

1. deleting the word “and” appearing immediately after the words “certificate of registration in paragraph (a);”
2. inserting the following new paragraph immediately after paragraph (a)— (aa) in the name of the private employment agency and shall not be transferable to any other person or entity. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 20

1. A person who provides false or misleading information in relation to the matters specified in subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clauses 21-25

(Question, that Clauses 21, 22, 23, 24 and 25 be part of the Bill, proposed) Division will be at the end. Clause 26

(Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clauses 44-48

(Question, that, Clauses 44, 45, 46, 47 and 48 be part of the Bill, proposed) Division will be at the end. Clause 49

Sen. Tabitha Mutinda, please, approach the Chair.

THE TOBACCO CONTROL (AMENDMENT) BILL

The Temporary Chairperson (Sen. Veronica Maina): Hon. Senators, we are proceeding to the Committee of the Whole on the Tobacco Control (Amendment) Bill (Senate Bills No. 35 of 2024). I invite the Clerk to call out the clauses. Clause 3

The Temporary Chairperson (Sen. Veronica Maina): Hon. Senators, I will invite Sen. Catherine Mumma to move the amendment.

Amendment of section 5 of Cap 245A

1. The Principal Act is amended by deleting section 5 and substituting

Establishment of the Tobacco Control Advisory Committee

1. There is established the Tobacco Control Advisory Committee.

Membership of the Committee

5A. (1) The Committee shall comprise of – (a chairperson appointed by the Cabinet Secretary;

1. the Principal Secretary responsible for matters relating to public health or a designated representative;
2. the Principal Secretary for the National Treasury or a designated representative;
3. the Director-General for health or a designated representative;
4. the chairperson of the Council of County Governors health committee or a designated

representative;

1. one person with special expertise on matters relating to tobacco, nominated by the Council of County Governors;
2. one person representing the Kenya business community, nominated by the Kenya National Chamber of Commerce and Industry
3. one person nominated by the Kenya Medical Association;
4. one person representing non-governmental organizations involved in matters relating to tobacco control; and
5. the chief executive officer of Kenya National Youth Council or a designated representative.
6. The members of the Committee, other than ex- officio members, shall be appointed by the Cabinet Secretary, by notice in the Gazette.

5B. (1) A person shall not be appointed as a member of the Committee if that person—

1. is an employee, agent, or representative of a person, company, or association engaged in the manufacture, sale, or distribution of tobacco or tobacco products; or
2. has any direct or indirect pecuniary interest in the tobacco industry; or
3. has contravened the Conflict-of-Interest Act.
4. A member who fails to disclose his or her affiliation to the tobacco industry or its subsidiary commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or imprisonment for a period not exceeding five years or both.

Qualifications of a chairperson of the Committee

5C. A person is qualified for appointment as the Chairperson of the Committee, if the person has at least ten years of experience in public health, five of which shall be at a senior management level.

The office tenure of the chairperson and members

5D. (1) The Chairperson shall hold office for a term of three years and shall be eligible for re- appointment for one further term of five years.

1. The members of the committee appearing in subsection (1)(f) to (i), shall hold office for a term of three years and are eligible for re-appointment for one further term of three years.

Powers of the committee to invite a person to the committee

5E. The Committee may invite any person, who is not affiliated to the tobacco industry, to attend a meeting of the Committee for the purpose of assisting or advising the committee on any particular matter, but such person shall have no right to vote at the meeting.

5F. (1) Subject to this Act and to any general or special directions in writing by the Cabinet Secretary, the committee shall regulate its own procedures.

1. Subject to subsection (1), the Committee may amend its own procedures for the better carrying out of its functions

Committee expenses

5G. The expenses of the Committee shall be defrayed out of monies appropriated by the National Assembly for that purpose.

Remuneration of the Committee members

5H. The Chairperson and members of the Committee shall be paid by the Cabinet Secretary responsible for matters relating to Health, such allowances as shall be advised by the Salaries and Remuneration Commission.

Secretariat

5I. The secretariat of the Committee shall be provided by the unit responsible for tobacco control at the Ministry responsible for Health. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 4

THAT clause 4 of the Bill is amended by deleting paragraph (a) (ii) and substituting therefor the following new paragraph –

(ii) deleting paragraph (f) and substituting therefor the following new paragraph –

1. a solatium compensatory contribution payable by any licensed tobacco product manufacturers or importers in the country as may be determined by the Committee. The Temporary Chairperson (Sen. Veronica Maina): Hon. Senators, there is a further amendment by Sen. Mumma under Clause 4. Sen. Mumma, you may proceed.

1. Section 7 of the principal Act is amended –
2. in subsection (2) by deleting the word “cigarette” appearing immediately after the words “by any licensed” in paragraph (f) and inserting the words “tobacco product”; and
3. in subsection (4) by inserting the following new paragraph immediately after paragraph (a) – (aa) treatment of chronic illnesses caused by the use of tobacco products. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 5

The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 6

The Temporary Chairperson (Sen. Veronica Maina): Hon. Senators, there is a further proposal for amendment on the clause by the Chairperson, Standing Committee on Health. I am informed that you are withdrawing that proposal. Sen. Mariam Omar, can you proceed?

1. in the proposed section 14A by deleting the words “a disposable” appearing immediately after the words “ten milliliters, in” in paragraph (a) and substituting therefor the word “an”.
2. in the proposed section 14E by –
3. deleting the proposed subsection (2) and substituting therefor the following –

1. The Cabinet Secretary shall cause the samples submitted to be tested by the Kenya
1. for conformity with the requirements under the Act; and
2. to confirm the accuracy of the information submitted in the request for approval.

1. in the proposed section 14A –
2. by renumbering the existing section as sub-section 14A (1); (ii) paragraph (b) by deleting the words “ten milligramsper” appearing immediately after the words “nicotine exceeding” and substituting therefor the words “twenty milligrams per”; and (iii) inserting the following new sub section immediately after the proposed subsection 14A (1) —
3. A person who contravenes sub-section (1) commits an offence and is liable on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both.

1. in the proposed section 14B —
2. by renumbering the existing section as sub-section 14B (1); (ii) paragraph (c) by deleting the words “10 milligrams” appearing immediately after the words “does not exceed” and substituting therefor the words “twenty milligrams”; (iii) by deleting paragraph (d); (iv) by inserting the following provision immediately after the proposed subsection 14B (1) —
3. A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or both.
4. in the proposed section 14D by inserting a new paragraph (g) immediately after paragraph (f) as follows –
5. such other information as may be prescribed by the Cabinet Secretary.
6. in the proposed section 14J by deleting the introductory phrase and substituting therefor the following – A person shall not manufacture, sell, distribute, or import a tobacco product that contains — (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 8

THAT the Bill is amended by deleting clause 8 and substituting therefor the following new clauses —

Amendment of section 15 of Cap 245A

1. Section 15 of the principal Act is amended by deleting subsection (5) and substituting therefor the following new subsections —
   1. No person shall manufacture or sell —
   2. objects including sweets, snacks, toys, cartoon characters, popular youth motifs, or other similar objects that would reasonably appeal to persons under the age of eighteen years in designs that resemble tobacco products; or
   3. any tobacco product in designs that imitate sweets, snacks, toys, cartoon characters, popular youth motifs, or other similar objects that would reasonably appeal to persons under the age of eighteen years. (5A) A person shall not sell a tobacco product within a radius of one hundred meters from any place primarily serving persons under the age of eighteen years. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 9

The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 10

THAT Clause 10 of the Bill is amended in the proposed section 19A (1) by deleting the word “online” appearing immediately after the words “nicotine delivery systems” and substituting therefor the words “through an online platform or any form of e-commerce.”

(Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 11

Amendment of section 21 of Cap 245A

1. Section 21 of the Principal Act is amended by – ) deleting subsection (2) and substituting therefor the following new subsections –
2. Every package containing a tobacco product shall —
3. bear a health warning in English and Kiswahili covering seventy-five percent of the principal display areas on the front and back of the package;
4. have the warning printed in black text on a white background in a manner that contrasts with any other material on the package; and
5. bear a statement of the harmful constituents of the tobacco product in a conspicuous and prominent format on the right-hand side of the package. (2A) A person shall not —
6. dispense with or modify the requirements specified in subsection (2); or
7. manufacture, sell, distribute, or import a tobacco product unless it complies with plain packaging requirements prescribed by the Cabinet Secretary. (2B) The Cabinet Secretary shall not dispense with or modify any requirement under subsection (2) in favour of any tobacco product or a person dealing with tobacco products.

1. deleting the words “specified in the schedule” appearing immediately after the words “warning labels” and substituting therefor the words “prescribed by the Cabinet Secretary under section 53 through regulations” in subsection (3);
2. deleting the words “five hundred thousand shillings” appearing immediately after the words “fine not exceeding” and substituting therefor with the words “one million shillings” in subsection (6). (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 13 (Question, that Clause 13 be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 14

Amendment of section 33 of Cap 245A

1. Section 33 of the Principal Act is amended by – ) (a) deleting subsection (2) and substituting therefor the following new subsection (2) –
2. Without prejudice to the generality of subsection (1) —
3. smoking is permanently prohibited in the following areas —

1. institutions of basic education and training; ) (ii) places of worship; (iii) hospitals, clinics and other health institutions; (iv) children’s homes, child care facilities, children playgrounds;
2. residential houses and such other premises where children are cared for; (vi) public service vehicles, passenger vehicles, school buses and vans, commercial passenger aircrafts, commuter boats, ferries; and (vii) police cells; and
3. smoking is prohibited in the following areas except in designated smoking areas
4. offices and workplaces, including corridors, lounges, eating areas, reception areas, lifts, escalators, foyers, stairwells, toilets, laundries, amenity areas of such places; (ii) court buildings; (iii) factories; ) (iv) cinema halls, theatres, video houses, such other halls or places of performance, disco halls or any other entertainment facilities at any time during which it is open to the public;
5. restaurants, hotels, bars or other eating place; (vi) prisons; (vii) police stations; (viii) aircrafts, passenger ships, or any other public conveyance; (ix) education facilities other than institutions of basic education and training;
6. railway stations, airports, air fields, ports, and other public transport terminals; (xi) markets, shopping malls and retail and wholesale establishments; (xii) stadia, sports and recreational facilities; and (xiii) public buildings.
7. deleting the word “Board” appearing immediately after the words “conditions as the” and substituting therefor the word “Committee” in subsection (4). (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end.

Clause 16

(Question, that Clause 16 be part of the Bill proposed)

The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 17

1. by deleting paragraph (a) and substituting therefor the following new paragraph –
   1. by deleting the introductory phrase and substituting therefor the following new paragraph –
      1. The Cabinet Secretary
2. in paragraph (b) by inserting a new paragraph (g) immediately after may, on recommendation of the
1. prescribe health messages to be displayed on every package

1. by deleting the word “Board” appearing immediately after the words “recommendation of the” and substituting therefor the word “committee” in the introductory phrase; and
2. by deleting the word “Board” appearing immediately after the words “provide to the” and substituting therefor the word “committee” in paragraph (d). The Temporary Chairperson (Sen. Veronica Maina): I invite the Chairperson, Standing Committee on Health. Sen. Mariam, step in for the Chairperson and proceed.

(Question, that New Clause 2A be read a Second Time, proposed) (Question that New Clause 2A be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 3A

1. deleting the word “Board” appearing immediately after the words “Functions of the” and substituting therefor the word “Committee” in the section heading; and
2. deleting the word “Board” appearing immediately after the words “functions of the” and substituting therefor the word “Committee” in the introductory phrase.

(Question, that New Clause 3A be read a Second Time, proposed) (Question that New Clause 3A be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 6A

Amendment 6A. Section 14 of the Principal Act be amended in of Section 14 of Cap 245A

section (2) by inserting the word “product” immediately after the word “tobacco”.

(Question, that New Clause 6A be read a Second Time, proposed) (Question that New Clause 6A be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 8A

1. subsection (2) by — 16 of Cap 245A
   1. deleting the expression “12” by “8” appearing in paragraph (a) and substituting therefor the expression “20” by “12”; (ii) deleting the words “black on a white background or white on a black background” appearing in paragraph (b) and substituting therefor the words “red on a white background”;
2. subsection (3) by deleting the words “fifty thousand shillings, or to imprisonment for a term not exceeding six months” and substituting therefor the words “five hundred thousand shillings, or to imprisonment for a term not exceeding one year.”

(Question, that New Clause 8A be read a Second Time, proposed) (Question that New Clause 8A be part of the Bill proposed)

The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 12A

1. The Cabinet Secretary
2. Any registration fee levied under this
3. A person who contravenes this section may prescribe the

21B. (1) A

person shall not manufacture, sell, distribute, or import a tobacco product, its packaging, or a disposable electronic delivery system that uses single-use plastics.

1. A person who contravenes subsection (1) commits an offence and is liable on conviction, to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding five years, or to both.

(Question, that New Clause 12A be read a Second Time, proposed) (Question that New Clause 12A be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 16A

1. by deleting subsection (2) and substituting therefor the following new subsection –
   1. A designated smoking area shall be —
      1. a fully enclosed, separate room, isolated from non-smoking areas, with walls, a ceiling, and a self-closing door sealed to prevent air leakage;
      2. equipped with an independent ventilation system that —
      3. exhausts air directly to the outside without recirculation; (ii) maintains negative air pressure relative to adjacent areas; (iii) is certified by a qualified engineer to prevent smoke or aerosol drift to non-smoking areas; (iv) inaccessible to non-smokers for any purpose during smoking or use of an electronic delivery system;
      4. cleaned and maintained only when no smoking or use of an electronic delivery system is occurring, with measures to protect workers from residual contaminants; (vi) clearly marked with signs in English and Kiswahili indicating it is a designated smoking

area and warning of health risks, as prescribed by the Cabinet Secretary.

(Question, that New Clause 16A be read a Second Time, proposed) (Question that New Clause 16A be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 18

1. deleting the definition of the word “Board”;
2. deleting the definition of the word “cinema”;
3. deleting the definition of the word “ingredients” and substituting therefor the following new definition— “ingredients” means the substances added to tobacco products during the manufacturing process or arising from agricultural practices, including —
4. tobacco, nicotine and chemicals used in the creation of aerosol or vapour in electronic cigarettes and related products; (ii) components and materials used in the manufacture of those components; (iii) additives and processing aids; (iv) residual substances resulting from agricultural practices, storage and processing; and
5. substances that migrate from the packaging material into the product or are otherwise present in the product;

1. deleting the definition of the word “information advertising”
2. deleting the definition of the word “manager” and substituting therefor the following new definition – “manager” means “manager” means the owner, occupier, lessee, or a person in-charge or in control of the specified institution, place or premises.
3. deleting the definition of the term “specially designated smoking area”
4. deleting the definition of the word “smoking” and substituting therefor the following new definition — “smoking” means inhaling or exhaling the smoke or vapor of any tobacco product or any other substance delivered through electronic means, and includes the holding of, or control over, any ignited or activated tobacco product, device containing an ignited or activated tobacco product, or electronic delivery System or other substances via vaporising;
5. deleting the definition of the term “tobacco product” and substituting therefor the following – “tobacco product” means any product whether composed in whole or in part of —
   1. tobacco, including tobacco leaves and any extract of thereof;
   2. nicotine from any source, including synthetic nicotine formulations; or
   3. nicotine analogues; intended for use by smoking, inhalation, chewing, sniffing, vaping or sucking or to be consumed by any other means, and includes cigarette papers, tubes, filters, any electronic delivery systems, and the solutions or liquids intended for use in such devices;
6. inserting the following new definitions in their proper alphabetical sequence —

“additive” means a substance, other than tobacco, that is added to a tobacco product, unit pack or container pack during manufacturing process or through agricultural practices; “Advertisement” means the promotion of a tobacco product by means of its brand characteristics. “characterising flavour” means a smell or taste other than one of tobacco which —

1. is clearly noticeable before, during or after consumption of the product; and
2. results from an additive or a combination of additives, including fruit, spice, herbs, alcohol, candy, menthol or related flavours; “Committee” means the Tobacco Control Advisory Committee established under section 5 of the Act “electronic cigarette” means a product that —
   1. can be used for the consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges); and
   2. is not a medicinal substance or a medical device as defined in the Pharmacy and Poisons Act; “electronic nicotine delivery system” means an electronic device, and any associated accessories, components, or parts, that is designed, manufactured, or capable of being used to –
   3. aerosolize, vaporize, or otherwise convert a substance into an inhalable form; and
   4. deliver such aerosol, vapour, or other substance to a person through inhalation, whether or not the substance contains nicotine, and includes but is not limited to electronic cigarettes, electronic cigars, electronic cigarillos, electronic hookahs, vape pens, vape pods, and similar devices, regardless of their shape, size, or appearance; “institution of basic education and training” has the meaning assigned to it under the Basic Education Act (Cap 211); “nicotine pouch” means a prefilled packet containing powdered nicotine or nicotine analogues; “tobacco smoke” means—
   5. smoke, fumes, gases, or particulate matter produced by the burning, heating, or combustion of tobacco or any tobacco product; and
   6. aerosol, vapour, or emissions produced by the use of an electronic delivery system, and includes any combination thereof, whether visible or invisible, that is released into the air and capable of being inhaled by persons in the vicinity.

“unit pack” means the smallest individual packaging in which a tobacco product or related product is, or is intended to be, presented for retail sale. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 1A

THE COUNTY GOVERNMENTS ELECTION LAWS (AMENDMENT) BILL (SENATE BILLS NO.2 OF 2024)

I request the Clerk to call out the clauses. Amendments will be moved by the Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights.

Standing in for him is Sen. Maanzo. Sen. Maanzo, kindly approach the Chair.

Clause 2

1. in paragraph (a) by deleting the words “a marginalized group” appearing immediately after the words “two candidates representing” in the proposed new paragraph (f)(ii) and substituting therefor the words “minority groups within the county”; and
2. in paragraph (c) by deleting the words “are persons with disability” appearing immediately after the words “a county assembly” in the proposed new subsection (8) and substituting therefor the words “or two members, whichever is greater, are persons with disability”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end.

Clause 3

I propose the question that Clause 3 be part of the Bill and invite Sen. Maanzo to move this amendment.

1. in paragraph (a) by deleting the proposed new subsection (1) and substituting therefor the following—
   1. In addition to the members who are elected under Article 177(a) of the Constitution, the members who are nominated under Article 177(b) of the Constitution, and the speaker, a county assembly shall comprise—
   2. two nominated members, being one man and one woman, representing the youth;
   3. two nominated members, being one man and one woman, representing minority groups within the county; and
   4. five percent of the total number of members contemplated in Article 177(a) and 177(b) of the Constitution, and paragraphs (a) and (b) of this subsection or two members, whichever is greater, nominated to represent persons with disability.
2. in paragraph (b) by deleting the proposed new paragraph (aa) and substituting therefor the following new paragraphs — (aa) there is representation of the various categories of disability including permanent physical, mental, intellectual, neurodivergent, developmental or sensory impairments; ab) due consideration is given to intersecting forms of discrimination shaped by gender, age, ethnicity, geographical location, social economic status and disability.
3. by inserting the following new paragraph immediately after paragraph (b)—
4. by deleting subsection (3) and substituting therefor the following new subsection—
   1. The number of members nominated under subsection (1)(c) shall—
   2. be reviewed to accord with the number of wards determined by the Independent Electoral and Boundaries Commission under section 26(3)(a); and
   3. take into account members with disability elected under Article 177(1)(a) of the Constitution. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end.

The Title and Clause 1

Division will be at the end Thank you. I now call upon the Mover of this Bill, Sen. Crystal Asige, to move the Committee to report.

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION FROM MOMBASA YOUTH COUNCIL

elected youth Members of County Assemblies (MCAs) providing a unified and legitimate voice for youth in governance and development.

The Council promotes meaningful youth participation in decision-making while upholding leadership accountability and inclusivity. MYC operates under four key thematic areas; youth leadership and policy advocacy; education, arts and innovation; health and social well-being and climate and environmental action.

Through these pillars, the Council works closely with the county and national government, civil society and development partners to empower young people, strengthen social cohesion and advance sustainable youth-led solutions for Mombasa County.

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to the delegation and on behalf of the Senate and on my own behalf, wish them a fruitful visit. I thank them for their patience because we wanted them to sit into a session that does not usually seem attractive to the media, but when we are actually doing the making of the law. We are glad that you were able to sit in during this session. We thank you for your patience.

I would like to invite Sen. Miraj, Sen. Faki and Sen. Crystal Asige to welcome them in two minutes. The three Senators from Mombasa County to each have three minutes to welcome the delegation.

Thank you.

people sometimes maybe do not engage in this part of lawmaking. It needs a lot of patience, collaborative work, specificity and conciseness.

This is why we take our time to do what we do here in the Senate. You can rest assured that your representatives from Mombasa, who you have come to see here today alongside others, including Sen. Miraj, our elected Sen. Faki and I, are doing our very best to represent Mombasa in the best way possible for yourselves and also for our families that we are here to fight for in terms of the law.

I also want to, as the Speaker has said, emphasise that just like your pillars from innovation, art to digital technology, there is a space here for all of you. Everyone of you has a different passion that you can bring to the country at this national level and even at the county level, if you so wish to take that route. Know that in your diversity and with all of the skills that you are acquiring at the Mombasa Youth Council, please hold on to them, nurture them, grow them and bring them to the Senate in the future. We will be here to support in any way that we can.

I thank you very much, Madam Temporary Speaker.

PROGRESS REPORTED THE CANCER PREVENTION AND CONTROL (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 45 OF 2022

THE METEOROLOGICAL BILL (SENATE BILLS NO.45 OF 2023)

(Consideration of National Assembly amendments)

THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) (NO.4) BILL (NATIONAL ASSEMBLY BILLS NO.45 OF 2024)

THE LABOUR MIGRATION AND MANAGEMENT (NO.2) BILL (SENATE BILLS NO.42 OF 2024)

THE TOBACCO CONTROL (AMENDMENT) BILL (SENATE BILLS NO.35 OF 2024)

THE COUNTY GOVERNMENTS ELECTION LAWS (AMENDMENT) BILL (SENATE BILLS NO.2 OF 2024)

UNPLANNED URBAN DEVELOPMENT IN THE COUNTIES

Natural Resources on a matter of inter-county concern regarding the rampant and unplanned urban development in the counties.

Since 2013, counties have witnessed a surge in construction of residential and commercial properties. These developments have not been properly regulated and have brought about an urban planning and infrastructure crisis, particularly in Nairobi, Mombasa, Kiambu, Nakuru, Kisumu and Uasin Gishu counties. The existing emergency response facilities, road networks, water supply and sewerage systems are overstretched and unable to keep pace with the rising population.

In the statement, the committee should address the following-

1. The number of counties that have developed and gazetted up-to-date county spatial plans and local physical and land use development plans as required by law and the extent to which the plans are enforced in those counties.
2. The number of physical planners, engineers, environmental officers and building inspectors employed by the Nairobi, Mombasa, Kiambu, Nakuru, Kisumu and Uasin Gishu county governments and the measures in place to ensure progressive realization of the required staffing levels for effective service delivery.
3. The steps being taken by the specified county governments to accelerate development and expansion of emergency response facilities, road networks, water supply, sewage and other critical urban infrastructure systems to match the growing urban population.
4. The measures in place to address the increasing incidences of unregulated sinking of boreholes in urban centres, especially without prior geological hydrogeological assessments, which are necessary to ensure that the structural integrity of the surrounding ground and buildings is not compromised. Madam Temporary Speaker, the house in Mombasa, which was demolished sometime last year, collapsed as a result of a failure in the geological assessments by the county government.
5. The prevailing practice and procedures for approving change of user of parcels of land in the specified counties, including whether procedures comply with the statutory provisions in the change of user processes.
6. The steps taken by the national Government and the specified county governments to identify and reclaim land designated for road reserves, way leaves and service corridors, open spaces, parks and urban forests and green belts, as well as road and riparian reserves that have been encroached upon. Thank you, Madam Temporary Speaker. Mohamed Faki Mwinyihaji, Senator, Mombasa County.

INADEQUACY OF PUBLIC FACILITIES IN MUKOTHIMA SUB-COUNTY, THARAKA NITHI COUNTY

Article 43 (1)(a) of the Constitution of Kenya guarantees every citizen the right to the rest, sustainable standard of health, including reproductive health care. However, Mukothima Sub-County in Tharaka Nithi County continues to face serious challenges due to lack of adequate public facilities, with most residents relying on dispensaries that lack functional maternal and early child units. As a result, expectant mothers are forced to travel long distances to access comprehensive maternal health care services.

This limits their access to emergency obstetric care and skilled birth attendants and exposing mothers and newborns to preventable health risks, thereby contributing to increased maternal and infant mortality rates in the region.

In the statement, the committee should address the following-

1. The budgetary allocation for the establishment of a modern public facility in Mukothima Sub-County for the 2025/2026 Financial Year and the measures being undertaken to expedite the construction of the facility, including the projected outlines for commencement and completion of the projects.
2. Whether there are any plans to collaborate with the private sector partners and Non-Governmental Organisations (NGOs) in the construction and development of a modern public health facility in the said sub-county.
3. Look at the interim measures and alternative mechanisms currently in place to address the health care needs of expectant mothers and other vulnerable groups arising from the lack of adequate public facilities and whether there are plans to upgrade the existing dispensaries in the Tharaka Nithi County to enhance the quality, accessibility and scope of early care services available to local residents. Thank you.

PROPOSED CONSTRUCTION OF THE NAIROBI-THIKA EXPRESSWAY

THE UPGRADING OF NGANDI ROAD TO BITUMEN STANDARDS

MASS LAYOFF OF EMPLOYEES AT MUHORONI SUGAR COMPANY

We will now reorganise the order of business and move on to Order No.22.

BILL

Second Reading

THE AGRICULTURE PRODUCE (MINIMUM GUARANTEED RETURNS) BILL (SENATE BILLS NO.17 OF 2025)

There are also many other challenges such as low and undiversified productivity due to high cost of inputs, low availability of inputs in remote areas, lack of targeted subsidies, low quality inputs, declining soil fertility, inadequate use of modern technologies and pests and diseases.

To mitigate some of these factors, you are aware that when the Kenya Kwanza Government took power in 2022, one of the priorities of His Excellency the President (Dr.) William Ruto was to reduce the cost of fertilizer. At that time, a bag of fertilizer cost Kshs7,500. To intervene on behalf of farmers, the Government introduced a subsidy that reduced the cost to Kshs2,500 per bag. This was a commendable move. As a result, we have seen bounty harvests. Maize production has increased, coffee production has risen and farmers have benefited greatly.

We are happy to note that with the Kenya Kwanza Government, coffee prices have improved significantly. Farmers who previously earned Kshs40 per kilogramme are now earning over Kshs120 in counties such as Kirinyaga and over Kshs110 in Murang’a County. This improvement is supported by the coffee exchange platform where these prices are determined.

Other challenges include poor marketing, market uncertainties and low value addition, which adversely affect economic returns and lead to low sustainability of agricultural enterprises. That is why we have seen aggregation parks being introduced. The Government is setting up these facilities in different counties to ensure that bumper harvests can be aggregated.

We thank Makueni County for finding a way to deal with the plentiful harvest of mangoes. Farmers in Kenya have suffered high post-harvest losses due to inadequate technologies for product development and storage, poor infrastructure such as rural access roads and high energy costs for cooling and processing facilities. Advanced technology has now been offered to give cooling facilities in the new markets that are being built. Unpredictable weather patterns have also been a challenge and rainfall variability and as a result, we are having many more dams being constructed, low budgetary allocation to the agriculture sector and limited access to agriculture finances.

Madam Temporary Speaker, this Bill comes in to assist both the national Government and county governments to plan better in the agricultural sector. Any resources that are allocated to the agricultural sector with the legal framework that is going to be offered by this Bill on the Agriculture Produce (Minimum Guaranteed Returns) Bill, we can now have better utilization of resources that are allocated to the agriculture sector.

Do you remember the incident where one county in accounting for the resources disbursed towards agriculture could only bring accounting papers to the Public Accounts Committee (PAC) that they had bought fingerlings which were in the river and the river had swept away the fish? This Bill is going to curb such mischief from the counties.

With this Bill, a county is going to be accounting for any post-harvest losses because it is going to close out any mischief in the utilization of the funds that are due to agriculture and counties will be held to account. For instance, right now, Murang’a was blessed with a heavy produce of mangoes this season. Unfortunately, we were expecting the County Government, Governor Irungu Kang’ata, who has been buying those mangoes

from the farmers to consolidate and take them for storage and dispatch them to the market.

However, what happened was a shock to the farmers. They harvested the mangoes – I am sure you must have seen it on social media - and before we knew it, the mangoes were rotting in the farmers' barnyards. The mangoes were not collected or purchased and they were lost. If this legal framework was in place, Murang’a County would have asked the farmers; how many kilos of mangoes have you lost? If you have lost 100 kilos, you look at the market cost of a kilogram of each mango produce and compensate those farmers so that they are buffered from losses which are unnecessary.

Guaranteed minimum returns refer to the minimum amount of money guaranteed by the government to farmers. It could be in form of subsidies, loans or grants to the farmers. The history of guaranteed minimum returns can be traced back to the colonial times. As part of the war effort, the British Government promoted Kenyan agriculture, guaranteed prices and returns per acre, continued marketing control and other policies were introduced to assist settlers and to increase food production for the troops.

Madam Temporary Speaker, it is not the first time that minimum guaranteed returns are being mentioned in Kenya. The Agriculture Act, Chapter 318 Laws of Kenya, now repealed, unfortunately because some very good sections were repealed had extensive provision on guaranteed minimum returns. The repealed Act provided for declaration of essential crops which were necessary for the requirements of Kenya.

The Central Agriculture Board would then prepare a programme of production and production orders of essential crops and disseminate the same to registered owners or occupiers of large-scale farms. Section 10 of the repealed Act provided that every person upon whom a production order has been served would be guaranteed by the government a minimum return of the money for every acre of land appropriate for planting an essential crop.

That Act of Parliament rewarded effort and this Bill is about rewarding effort. It is not about rewarding a farmer who sits in their farm, produces nothing and then runs to the county government to say; how are you assuring my agriculture is working? It is not contemplative. It is going to reward production. So, it is a natural product that has been produced from the farm which then is ascertainable. It can be measured, it can be ascertained and the farmer can claim that I have produced a hundred kilogrammes of wheat.

Aside from guaranteed returns, the Government would also provide advances for the purpose of meeting expenditure incurred in preparing and fertilizing the land on which the essential crops were planted. The Agriculture Guaranteed Minimum Return Advance Rules 1977 provided for Kshs500 per acre of land on which essential crop was grown. This is going to encourage people. Instead of being in the cities, you go back to where you have a small parcel of land, you are guaranteed that any product you get from that land is covered or cushioned by the county government, resourced by the national Government. Then this becomes easier even for to ease joblessness.

There were also guaranteed minimum return loans which were advanced by the Government to farmers. For instance, the loans would finance the production of essential crops such as wheat and maize at cash Kshs180 per acre. This was then but now; the value would change. To qualify for the loan, the farmer would be required to own a

minimum of 15 acres. So, it had a standard. It could not just guarantee when you certainly do not have an assurance of a proper harvest or a proper crop.

If the application was approved by the Ministry of Agriculture, the Agricultural Finance Corporation (AFC) would issue the loan as approved. The farmer had to pay a premium of Kshs4 per acre in respect of wheat Kshs3 in respect of maize. The condition was imposed because the scheme incorporated an insurance policy element, in that the farmer was guaranteed a minimum of Kshs180 per acre should their crop fail due to bad weather or some other natural hazard.

Madam Temporary Speaker, there was a process of governance around farming and agriculture. They even made sure there was an insurance policy that would ensure that if a crop failed, just like it happens in the advanced jurisdictions, that insurance company would then revert and pay for the failed crop. On delivery of the produce to the marketing institution, AFC would recover the money advanced to the farmer. In the event of the farmer experiencing crop failure, the Corporation would inspect the farm and if satisfied that there was crop failure, pay the farmer the minimum price of Kshs180 per acre. The guaranteed minimum return program was however discontinued in 1978, following years of poor performance and unsustainable financial losses.

Madam Speaker, Sir, comparative jurisdictions show that provision of funding support in agriculture produce has helped the growth and stability of agriculture industry. The United States Federal Government---

The policy links subsidies directly to verified production. Milk delivered to cooperative societies and mangoes delivered to processors. In other words, Murang’a County will negotiate with Pick and Peel or with Kakuzi or Del Monte if they are producing any fruit juices and ensure that quality mangoes are delivered to the processors who then turn those mangoes into juice. That means the post-harvest losses are reduced. It is a sure bet for the county that they are working on a commercial agri-business enterprise that cannot fail. It also ensures that public support is rewarded, actual output and strengthened formal market participation.

To operationalize the policy, the county has enacted the public finance Murang’a County Agricultural Farms Input Subsidy and Incentive Fund Regulations, which has established a dedicated fund. What we are saying is, when a dedicated fund with a clear objective is established by each county, it means that disbursement on agriculture will no longer be used to just maybe distribute a few seedlings to farmers and purport to account for those seedlings in a manner that is so questionable and does not meet the proper accounting standards.

Madam Temporary Speaker, the Agriculture Produce Minimum Guaranteed Returns Bill now creates a county level framework to stabilize the farmer's income by guaranteeing this minimum return when the market prices fall below production costs. Its objective is to cushion farmers from price volatility, promote food security and support equitable agricultural development across the counties.

Counties are assigned the primary responsibility for implementation including budgeting, resource mobilization, timely disbursement and monitoring of programme impact as stated in section four, which requires counties to approve and integrate minimum guaranteed payment programmes within their annual county budget and ensure timely payments.

To operationalize the scheme, the Bill establishes a county minimum guarantee committee responsible for determining eligible crops and livestock, calculating average market prices and comprehensive production costs, setting acreage limits so it can even go to the limit of one acre or two acres, registering beneficiaries and approving payments.

The minimum guaranteed return is defined as an amount equivalent to 20 per cent of the difference between the average market price of a product and the comprehensive costs. That is in Clause 12. Payments are only made where the produce is largely consumed locally and not to those who are exporting because those who are exporting are big farmers and they are capable of taking care of their inputs and outputs and they have calculated their profits and are sure what they are engaging in is profitable.

The Bill also requires annual publication of comprehensive costs and market prices with revisions gazetted within 14 days. The Bill includes safeguards to ensure accountability, including provisions for suspension or recovery of payments obtained through fraud. So this Bill will not be used for people to commit fraud in the counties, pretending that produce has been brought to the county.

Fraud will be punished or with error or with overpayments. Those will be treated as debts recoverable with interest at the Central Bank rates if anybody purports to take advantage of this Bill. Offenses of providing false information or obstructing officials from attracting fines will also be punished with imprisonment.

The Cabinet Secretary is empowered to make regulations which county assemblies may enact legislation on how they will register the farmers to benefit, how the application procedures will be, evaluation criteria and disbursement processes. Overall, the Bill establishes a structured, data-driven, and county-anchored mechanism aimed at stabilizing farmers' incomes and strengthening agriculture resilience. I would say this Bill is a very big boost to what the government has been doing in affirming agriculture and ensuring that the fertilizer inputs are affordable by ordinary and small-scale farmers.

The Bill comes at a time when farmers across the country are grappling with unprecedented economic pressure, global fertilizer price shocks, climate-induced crop failures, and volatile commodity markets have eroded farm incomes and increased household vulnerabilities. Many counties continue to experience declining productivity due to high input costs, degraded soils and unpredictable rainfall patterns.

At the same time, the bottom-up economic transformation agenda identifies agriculture as a primary driver of rural incomes and national food security. It is therefore imperative that we adopt a modern, predictable, and physically-disciplined mechanism to stabilize farmers' earning and safeguard our food systems.

Madam Temporary Speaker, as I beg to move this Bill, and as I wait to call in the person to second the bill, I want to say that I am hoping and persuading my colleagues in this Senate to see the sense in this Bill and to offer a framework in an area where ambiguity and vagueness in the utilization of resources in the agriculture sector within counties has been used wrongly to the detriment of the farmers and that of big principles that we need to have developed to assure food security to our nation.

I am not seeing any Senator standing up to oppose this Bill because opposing this Bill is opposing food security. Opposing this Bill is opposing proper accountability mechanism for all the funds that are being sent to the counties and being misused in the name of purchasing seedlings. Some have seen Governors giving half a kilo of maize seeds to farmers.

Indeed, some have become such a scam because farmers are given in this station, and by the time the old people walk another 20, 50, 100 meters, there is a group of gangsters who take the seedlings from them and they are given in another station. I do not know how we would watch as a Senate to see mayhem in the agriculture sector when we can actually put a governance structure using this Bill; the Agriculture Produce Minimum Guaranteed Returns Bill, to ensure the same way coffee is being given the cherry fund, that is assuring the coffee farmers that when you are engaging in planting and farming of coffee, you are not going on a loss. You are assured of Kshs100 per kilo for each coffee farmer.

The Bill targets crops that have not been noticed before. There is no advocacy on those crops. Coffee and tea are important crops in the Republic of Kenya because they are deemed as cash crops. So, we have the farmers who are doing coffee and tea having a platform where they can advocate for their issues, even using legislation. However, we have other crops. We have crops that are in a lower cadre. We have food crops that are being farmed, and that is the one that assures the food security.

We want to assure the tomato farmers, the farmers in horticulture and in nuts that finally they can predict the price of their harvest. Minus predicting that price of their harvest, you will find investors in the agriculture sector will shy away because if I am not

sure whether if I invest Kshs2 million in agriculture I am going to get back my return, the natural thing is for me to go to an area where my risk is managed and contained.

I beg to move that this Bill do proceed on and I want to request Sen. Wafula Wakoli to second this Bill. Thank you very much.

Sen. (Prof.) Kamar, please proceed

1. m. and go home at 1.00 p.m. By noon, they are tired and sleeping in the room. So, for us to be able to have food, even for the same governors, because I am impressed that this is a law that is going to be implemented dominantly in the counties, the county governments should look at the food that they require for their children and implement a minimum guarantee return to the farmers that will produce. I am seeing Kitui County putting the mung beans in their minimum guaranteed return while Trans Nzoia, Bungoma, Nandi and Uasin Gishu counties put maize. The Bill has given the freedom and leeway to the governors to choose the crops that they are

going to give the guaranteed minimum return for production purposes. This guaranteed minimum return, may be different for different crops because of the production costs that are required. It is very important that that is captured, as was captured by the Mover in Clause 12. If we focus on the food security, then the minimum return will be as per that crop.

I want to persuade the Mover that it may not always be 20 percent. In our days, because I was an assessor, we used to assess and we had economists who would give the minimum production of Trans Nzoia, which was different from the minimum production of Elgeyo Marakwet and Bungoma and we would have to use our own to assess the production and losses.

It is also very important to note that not every year is a good year in agriculture. Due to climate change, we have erratic rainfall, sometimes there are droughts that just come midstream and crops are destroyed. This Minimum Guarantee Return (MGR) is going to take care of that. You have to prepare for calamities. Apart from the fact that if you do not earn your minimum income, it can put you at a loss, as without it, we will face insecurity.

Madam Temporary Speaker, there is something new that is coming in Western Kenya and the North Rift. We are discovering coffee for the first time in our lives and because of the discovery of coffee, there is a lot of shift towards producing cash crops. We never had cash crops and we do not know, but when the minimum returns were returned, when the subsidy became debatable, then it became very difficult. There is now a shift towards cash crops and if everybody goes cash crop, then there is going to be a major problem in food security.

I want to support and I believe that Senators will support this Bill. The only thing that I would like the mover to look at is to look at what 20 per cent is for mung beans, what is 20 per cent for maize, and what is 20 per cent for any other crop.

Alternatively, give the leeway to the counties so that any county can look at the crops that they are producing and come up with their percentage. We may not need to limit it here because if you limit it to 20 per cent of the difference between the average price of the product and the comprehensive costs and the costs again become variable because of different fertilizer and also regimes have different variabilities.

Also, the application of fertilizer, including top dressing, varies from farm to farm. Some people say split your top dressing. Others come in and say split, but also have another liquid fertilizer. So, you may not exactly get the cost if you go that direction.

What we also need is to work with the research institutions. Let Kenya Agricultural Research Institute (KARI) tell us what the actual optimum yield is of the different crops in the different regions of this country so that we actually base our minimum on what has been established by the research institutions. Otherwise, I am very delighted because I was involved in GMR before.

I was an assessor in GMR and I know it encouraged farmers, particularly in Trans Nzoia, where I worked, to actually farm. Everybody was ready to work because they knew if there is crop failure, they would get a minimum from the government, because you are guaranteed that you are going to get your minimum. So, we need to get the definition of minimum. If the minimum can be met so that you are given, then anybody can be able to produce food for this country.

Madam Temporary Speaker, with those remarks, I beg to support.

It has also been said by the Mover and this is also important. There was a time we used to have MGRs. We are not lost to the fact that global competition has become bigger but equally the population has increased across the globe. Therefore, if we use the right technology and enter into non-traditional markets, it will be in line with the Government policy to ensure that farmers get their returns. We must also ensure that our farmers produce the right quality and quantity and establish mechanisms of distribution of the same produce across the country.

We have seen cases where people in North Eastern Region and Turkana are starving while people in Nyandarua and Nyeri produce a lot of potatoes, carrots and tomatoes but they have nowhere to take them. With a good approach by county governments, a good communication platform, and good logistical arrangements, no Kenyan should starve because we produce enough. What we lack is the distribution network and information transparency in the market.

Madam Temporary Speaker, as I support this Bill, I request all Senators that it is high time we sat down and asked ourselves along which lines can we form economic blocs that will make it economically viable to establish aggregation centres because some counties could be too small to achieve economies of scale and therefore might need the input of neighbouring counties. They should establish aggregation centres that will ensure that the same produce is given the same treatment.

I support.

Hypothetically, if the budget is in four ports, with the way agriculture is big, it will only set up for one side. Meaning, if in that year there are no rains and the crops fail, I have to make sure that I compensate farmers with this amount of money. Setting up a fund will be very good for me as a farmer, but it will burden the county's budgets.

Madam Temporary Speaker, if you look at prices in terms of the stabilisation, we depend on bodies such as the Kenya National Bureau of Statistics (KNBS) or even the Kenya National Bureau of standards (KNBS) to see how prices are trading in the market. If we say that for now, we are going to put price controls and deal with producers, the best thing that this Bill must do is not leave that burden to individual counties. This Bill must be from the national perspective.

We are setting up so many funds. I am looking at Section 116 of the Public Finance Management (PFM) Act that guarantees setting up funds. This Senate did work on establishing funds to be used by all hospitals in the country. My approach on this one would be not to depend on county budgets but we find a way where we have a national fund that compensate farmers to a particular percentage, but setting up guarantee minimum returns, meaning profit of about at least 20 per cent, because that is what the Bill says. If we do not look for money elsewhere, we will kill our counties. I am concerned about that. I love the Bill. I love the way the Bill has been set out, but I am just wondering, how we will be practical? I am just being a realist.

If we leave this Bill the way it has been structured, it will benefit inefficient production. I would not care. Furthermore, there is a fund there that will be able to guarantee me that now that I have a cow and this cow produces 57 litres of milk, if there is a structure for me to record this cow which is giving me 57 litres of milk, and a litre of milk, I am selling it to a processor at a minimum of Khs40.

If it goes lower than that, the first question to be asked is that, have you reduced on the feed that you are feeding this cow, so that that cow is no longer giving you what it is supposed to give you? So, my view on this Bill; it is well intended, but I think we need to be able to make sure that it benefits both farmers and does not overburden counties. We are always talking here and fighting here for more monies to go to counties. Always. However, now, when this Bill becomes law, if we do not have any other source of income to be able to supplement the little resources that we are sending to our counties, we will overburden our counties. That is my concern.

I am happy that it will be focusing on produce which are sold locally to assist in food security, stabilising the economy and not export. I am very happy about that but I would persuade my sister to look at the following things. Number one, let us nationalise the fund. Number two, let us have a registry of all farmers.

Let us have an independent body but not a body set up by politicians. Let us have an independent body that all farmers will be able to register. There is one thing that is working very well with the distribution of fertilisers. I am very happy about it. I get an SMS, and I am told, Ledama Olekina, you have been allocated 460 bags of fertiliser. When I want to buy the fertiliser, I will share the text message.

If I can afford 100 bags now, they will send me another one telling me that it is 360 bags which is left. So, there is a structured way. That is an independent body that does not require me to know anybody. I can send somebody, they can take that text message, and it can work.

So, I know we are in a rush but I do not want to rush this thing because I am a farmer. Allow me to go through all my points without getting disrupted, because I think laws are better developed in a way that---

Madam Temporary Speaker, can you protect me from unnecessary---

1. To enhance accountability. To make sure that we enhance accountability, set up an independent committee that evaluates the losses. (ii) Demand that for every farmer who subscribes to this guarantee of minimum produce takes a crop insurance policy. So that you have got shock absorbers. You have got the insurance here taking care of a certain budget. What is left, the government can to absorb.

Instead of every county sort of like having all crops, I think my colleague who is a fantastic lawyer, can work with established bodies in this country to determine for example, what crop can the Bill guarantee minimum returns for Narok county.

In Narok County, we thrive in wheat production and are number one in the country. If you go to our neighboring county, they have corn or maize production. We have potatoes and milk. Let us look at the products we can use as a county so that we do not overburden.

County assemblies must put a ceiling on the budget that each county should allocate to compensate farmers. That is the only way that I foresee this Bill not rewarding inefficiency.

When we were growing up, we had agricultural extension officers. Let us introduce extension officers in this Bill such that today, if Sen. Olekina is planting corn and I want to make sure that I am guaranteeing my profit, I work with the county government and those extension officers---

ADJOURNMENT