THIRTEENTH PARLIAMENT

Fourth Session

Thursday, 2nd October, 2025 at 2.30 p.m.

PARLIAMENT OF KENYA

The House met at the Senate Chamber, Parliament Buildings at 2.33 p.m.

PRAYER

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

PAPERS LAID

ANNUAL REPORT OF THE IEBC

ANNUAL REPORT AND FINANCIAL STATEMENTS OF THE NATIONAL POLICE SERVICE

Annual report and financial statements of the National Police Service (NPS) for the Financial Year 2024/2025.

REPORT ON ALL NEW LOANS CONTRACTED BY THE GOVERNMENT OF KENYA FROM 1ST MAY TO 31ST AUGUST, 2025

The National Treasury and Economic Planning report on all new loans contracted by the Government of Kenya from 1st May, 2025 to 31st August, 2025.

I beg to lay.

Proceed, Sen. Wafula.

REPORT ON THE COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS TO MANDERA, WAJIR AND MARSABIT COUNTIES

NOTICE OF MOTION

ADOPTION OF REPORT ON THE COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS TO MANDERA, WAJIR AND MARSABIT COUNTIES

QUESTIONS AND STATEMENTS

STATEMENTS

HUMANITARIAN AND ENVIRONMENTAL IMPACT OF RISING WATERS AT LAKE NAIVASHA IN NAKURU COUNTY

1. Investigate the report on the humanitarian impact of the flooding, including the exact number of households displaced, livelihoods lost and the adequacy of the ongoing response by both levels of government.
2. Immediate steps being taken to protect the dignity, safety and welfare of the displaced families, especially children, women, the elderly and Persons with Disabilities (PwDs).
3. Legislative and policy measures aimed at protecting the riparian land around the lakes, enforcing environmental regulations and creating a clear framework for the settlement and compensation of the affected families.
4. Long-term strategies in helping communities living near lakes adapt to the effects of climate change, ensuring that no Kenyan family is left behind.

DEATH OF MR. SIMON WARUI WHILE IN CUSTODY AT THE MOMBASA CENTRAL POLICE STATION

1. The circumstances surrounding Mr. Warui's arrest, detention and death, including the timeline and actions taken by the police officers at the Central Police Station in Mombasa.
2. The legal basis for his detention, including compliance with Section 37 of the Criminal Procedure Code, the filing of an apprehension report with a magistrate and whether his family was duly notified.
3. The status and findings of any investigations into the cause of death, including whether an independent post-mortem was conducted and whether the IPOA has initiated inquiries as required by law.
4. The accountability measures in place for custodial deaths, including whether any officers involved have been suspended or subjected to disciplinary or criminal investigation under the Sixth Schedule of the National Police Service Act.
5. The records of apprehension and incident reports submitted to IPOA between January, 2024 and July, 2025 with specific reference to Nairobi Central, Kamukunji, Eldoret Central, Nakuru Central, Rongai and Mombasa Central Police stations, including cases of non-compliance.
6. The steps being taken by the National Police Service (NPS) and IPOA to safeguard the rights, dignity and safety of persons in custody and to prevent recurrence of such incidences.

REVOCATION OF TITLE DEEDS AND DEMOLITIONS AT IMANI ESTATE/KANGAITA FARM LAND IN KIAMBU COUNTY

The Senator from Busia County, Sen. Andrew Omtatah.

FAILURE TO OPERATIONALISE TRAILER PARK INFRASTRUCTURE IN BUSIA COUNTY

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Roads and Transportation on a matter of county-wide concern regarding the continued failure to operationalise trailer park infrastructure in Busia County. Despite repeated allocations in county development plans, the Mundika and Malaba trailer parks remain stalled with little progress and no clear completion timelines. The situation worsened after the Kenya National Highways Authority (KeNHA) took over the only functioning park during the one-stop border post construction but failed to provide a replacement.

Meanwhile, a 200-acre public parcel at Ngelechom, strategically positioned between Busia and Malaba and right on the border with Uganda, remains idle. Despite its potential to host a regional trailer hub that could ease congestion, enhance safety and generate up to Kshs720 million annually for the county, the facility lies idle. The continued inaction undermines transport efficiency, public safety and Kenya's commitments under regional trade corridors.

In the Statement, the Committee should address the following-

1. Establish the total cumulative budget allocation for the Mundika and Malaba trailer park projects since inception, broken down by financial year and verify how much has been disbursed and spent, including specific activities.
2. Obtain and review procurement records, contracts, variation orders and payment vouchers related to the stalled projects.
3. Report on the actual physical works completed, supported by the latest engineers' progress reports and dated photographic evidence.
4. The rationale for pursuing the construction of two separate trailer parks and whether a feasibility or cost-benefit analysis was conducted comparing this approach to a single regional facility.
5. The impact of stalled implementation on Kenya's obligations under the East African Community (EAC) Transport Corridor Agreements.
6. The viable financial options, including county budget, Public-Private Partnerships (PPPs) or donor support for establishing a regional trailer park at Ng’elechom.
7. Whether an environmental and social impact assessment has been conducted for the Ngelechom site and provide an estimate of the capital cost required.

1. The reasons why KeNHA has not fulfilled its commitment to construct a replacement trailer park for the one it took over.

STALLED DAIRY PARKS PROGRAMME IN BUSIA COUNTY

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53(1), to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries on a matter of county-wide concern regarding the Stalled Dairy Parks programme in Busia County.

The Dairy Parks programme was launched in the Financial Year (FY) 2018/2019 with technical and financial support from the World Bank under the Kenya Devolution Support Programme (KDSP). It was envisioned to transform the county's dairy sector by increasing annual milk production from approximately 30,000 litres to 400,000 litres by the year 2025, distributing over 300 improved dairy heifers and establishing modern milk processing and value-addition facilities.

The programme further aimed to generate employment and raise household incomes through a robust dairy value chain. However, despite repeated budgetary allocations and its inclusion in successive county-integrated development plans, the programme remains stalled with no operational facility, iterating infrastructure and unmet expectations for farmers and stakeholders.

In the Statement, the Committee should address the following-

1. Whether feasibility studies or baseline surveys were conducted before the programme's launch and whether performance indicators were established and subsequently reviewed.
2. Itemised annual allocations and expenditures for Achit, Budokoma, Budumba and Nambale dairy parks from FY2018/2019 to date and reasons for the recurrence of these parks in multiple budget cycles and sub-county budget lines.
3. The identity and role of the project manager or implementing officer responsible for procurement, construction and operationalisation of the parks.
4. Details of contracts signed for infrastructure development, equipment supply and heifer distribution and whether these contracts were subjected to audit.
5. The current condition of physical structures and donor funded assets at the three sites, including any existing inventory and its status; and,
6. A comprehensive account of how the 300 dairy heifers were distributed, the criteria used, their current status and any breeding or veterinary support provided.

STALLED OPERATIONALISATION OF SIMBACHAI CASSAVA PROCESSING PLANT IN BUSIA COUNTY

My third request for a statement is on the stalled operationalisation of the Simbachai Cassava Processing Plant in Busia County.

Mr. Speaker, sir, I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries on a matter of nationwide concern regarding the decade-long delay in the operationalisation of the Simbachai Cassava Processing Plant in Busia County.

The Simbachai Cassava Processing Plant was initiated in the FY2012/2013 under the East African Agricultural Productivity Programme (EAAPP), in partnership with the County Government of Busia. Its core objectives were to enhance cassava value addition through

industrial-scale processing, increase smallholder farmers' earnings, create agribusiness jobs through cassava products and reduce post-harvest losses by absorbing excess cassava into processing.

Mr. Speaker, Sir, despite the various repeated allocations in different budgets of different financial years, the automated processing machine, though delivered and tested, remains idle. The solarised water system with a 10,000 cubic metre tank is still unused. Factory infrastructure is deteriorating, risking equipment obsolescence. Further, the local farmers still sell raw cassava at low prices, losing value addition opportunities.

In the Statement, the Committee should address the following-

1. When the original feasibility study for the Simbachai Cassava Processing Plant was conducted and whether there were clear project milestones and completion timelines agreed upon at initiation and include the project documentation detailing the contractors, procurement processes and whether the tender award was done fairly.
2. The current condition of the installed machinery and specific technical or regulatory obstacles preventing operationalisation, stating the viability or otherwise of the project.
3. The public funds allocated disbursed and actually spent on this project to date.
4. The number of farmers who are targeted as beneficiaries and the economic impact of the decade-long delay.

STALLED CONSTRUCTION AND MODERNISATION OF BUSIA STADIUM

Mr. Speaker, Sir, I request for a Statement on the stalled construction and modernisation of Busia Stadium.

I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Labour and Social Welfare on a matter of county-wide concern regarding the stalled construction and modernisation of Busia Stadium in Busia County.

The Busia Stadium was earmarked as the sole flagship project under the Department of Sports, Culture and Social Services in the County Integrated Development Plan (CIDP) 2023/2027, with a budget of Kshs600 million. The project stalled after

1. How the Kshs600 million budgeted for the project was allocated and released, indicating the specific financial years and obtain a detailed expenditure breakdown supported by certified payment certificates or audited statements.
2. The current financial liability tied to the project, including any cost variations, reallocations or supplemental budgets and identify the approving authorities and their stated justifications.
3. Obtain documentation on all contractors, consultants and project managers engaged, including signed contracts, performance bonds, insurance details and verify whether the procurement process complied with the Public Procurement and Asset Disposal Act (PPADA).
4. The percentage of work completed, whether an independent technical audit or an engineer's assessment has been conducted to ascertain the same and identify the factors that led to the project stalling.
5. Why subsequent annual development plans failed to allocate funds or report progress on the project, despite the project's flagship status and establish whether the county assembly conducted site visits or demanded implementation reports.
6. Identify any legal or disciplinary actions taken against non-performing contractors or negligent officials and obtain relevant documentation to support such actions.
7. Confirm whether a revised completion plan exists, including updated timelines, budget allocations and funding sources and assess its feasibility. Thank you, Mr. Speaker, Sir.

DEATH OF ERNESTINE DZIDZA OF GONGONI PRIMARY SCHOOL, KILIFI COUNTY

The Senate Minority Leader (Sen. Madzayo): Asante, Bwana Speaker. I rise pursuant to Standing Order No.53(1), to seek a Statement from the Standing Committee on Education regarding the death of a pupil named Ernestine Dzidza of Gongoni Primary School within Kilifi County, as a result of corporal punishment. I would like the Committee to state the following-

1. The circumstances under which Ernestine Dzidza was subjected to corporal punishment and provide a detailed account of the events leading to her death.
2. Explain how such violence, which is a violation of the law, could occur despite the clear prohibition of the corporal punishment in schools.
3. Outline what enforcement, monitoring and sensitisation measures are in place to ensure strict compliance with the ban on corporal punishment in schools and other educational institutions dealing with children.
4. What steps have been taken by law enforcement agencies to investigate, arrest and prosecute one Mr. Ian Tembo Mwavuna, who was a teacher and who is responsible for this heinous incident which led to the death of Ernestine Dzidza, a young girl from Gongoni Township within Kilifi County.
5. Provide data on the reported cases of corporal punishment and sexual assault of girls in school within Kilifi County and nationally in the past five years, indicating how many have been investigated and how many have been prosecuted.
6. Outline the systematic measures that the Government is putting in place to promote non-violent disciplinary methods in schools to strengthen the child protection framework in Kenya. I thank you, Mr. Speaker, Sir.

BUSINESS FOR THE WEEK COMMENCING TUESDAY, 7TH OCTOBER, 2025

9. The County Wards (Equitable Development) Bill (Senate Bills No.20 of 2024); and, (ii) The County Governments (Amendment) Bill (Senate Bills No.39 of 2024). We will discuss both the Bills while in Busia County Assembly. These are Bills that touch on the very work of county assemblies. There are also various Bills at the Committee of the Whole stage. There is also a Motion on Provision of Integrated Financial Management Information System (IFMIS) Reports for County Governments to the Senate. That includes some of the issues that I heard Members canvass during discussions in the course of this week, including but not limited to the very sticky issue of electronic procurement system (EPS). I heard the Council of Governors (CoG) saying a few things about it. I hope the Senate will also say one or two things about it while in Busia, especially after interacting with members of the public and those who serve in Busia County Government. The business for Thursday next week will include whatever we will not have concluded on Tuesday and Wednesday. I thank you, Mr. Speaker, Sir, and do hereby lay this Statement on the Table of the Senate.

ACTIVITIES OF THE COUNTY PUBLIC INVESTMENTS AND SPECIAL FUNDS COMMITTEE FOR MAY TO AUGUST, 2025

1. Most Level
2. Concerning municipalities and cities, counties have failed to grant cities and
3. Regarding Funds
4. To address the matter of audit queries of county governments funding national
5. On revolving funds such as Car Loan and Mortgage Funds, Youth Funds,

4 and 5 hospitals in the counties had challenges in meeting the

counties have established more than 300 Funds where in

Mr. Speaker, Sir, I have submitted this on behalf of the Chairperson, Sen. Osotsi, the Senator for Vihiga County.

I thank you.

ACTIVITIES OF THE COMMITTEE ON DELEGATED LEGISLATION FOR APRIL TO JULY 2025

1. Environmental Management
2. Environmental Management
3. Environmental Management and Coordination Deposit Bonds, Regulations
4. The Graphic Health Warning for Tobacco Products, Legal Notice No. 107 of
5. The Affordable Housing Regulations Legal Notice No.114 of 2025. and Coordination-controlled Substances, and Coordination, Access to biological

Mr. Speaker, the Committee annulled the Environmental Management and Coordination (Strategic and Integrated Environmental Assessment and Environmental Audits) Regulations, Legal Notice No.2 and Legal Notice No.71 of 2025. The Committee tabled its report on the annulment of regulations on 7th August, 2025 and the Senate passed a resolution annulling the same on 8th August 2025.

The Committee is in the process of completing its consideration of two statutory instruments, including the following-

1. The County Licensing Uniform Procedure Regulation, Legal Notice No.91 of 2024; and,
2. The Sugar Development Levy Order, Legal Notice No.112 of 2025. On county visits, the Committee met with the counterpart committee of the County Assembly of Kajiado on Friday, 13th June, 2025, to share experiences in the execution of their respective mandates. On parliamentary diplomacy, the Committee undertook a working visit to the East African Legislative Assembly (EALA) and the Eastern African and South African Management Institute (ESAMI), in Arusha, Tanzania, in June, 2025. These visits were undertaken in an effort to enhance regional integration of the Eastern African community. The Committee also hosted the Committee on County Delegated Legislation of the County Assembly of Embu on a benchmarking visit to the Senate on Thursday, 16th June 2025. I thank you, Mr. Speaker, Sir.

COMMUNICATION FROM THE CHAIR

CONSIDERATION OF REPORT ON ALL LOANS CONTRACTED BY THE GOVERNMENT OF KENYA FROM 1ST MAY TO 31ST AUGUST, 2025

Hon. Senators, as you will note, the Senate Majority Leader has laid a paper on the table of the Senate this afternoon, a report by the National Treasury and Economic Planning on all loans contracted by the Government of Kenya from 1st May, 2025 to 31st August, 2025. The report contains details on all the new loans signed between the national Government and various creditors for the stated period.

Now, Section 31(1) of the Public Finance Management Act states as follows- “The Cabinet Secretary shall submit to Parliament every four months a report of all loans made to the National Government, National Government entities and County Governments in accordance with Article 211(2) of the Constitution.”

Now, pursuant to Section 31(3) of the Public Finance Management Act, the report submitted to Parliament contains the following-

The names of the parties to the loan, the amount of the loan and the currency in which it is expressed and in which it is repayable, the terms and conditions of the loan, including interest and other charges payable, the terms of repayment, the amount of the loan advanced at the time the report is submitted, the purpose for which the loan was used and the perceived benefits of the loan and such other information as the Cabinet Secretary may consider appropriate.

Now, hon. Senators, given the significance of the national debt in our Public Finance Management Framework, I hereby commit the report by the National Treasury and Economic Planning on all new loans contracted by the Government of Kenya from

Now, I will allow 15 minutes for comments on the statements that have been sought, starting with the Senator for Nairobi City County.

Ripoti hiyo ililetwa katika Bunge hili, ikajadiliwa na ikawa iwasilishwe kwa Inspekta Mkuu wa Polisi ili kuweza kuitekeleza pamoja na Serikali. Lakini ni masikitiko kwamba bado vijana na wananchi wanauawa mikononi mwa polisi. Ni jambo la kusikitisha. Zamani tuliona mauaji, kwa mfano, yale ya Sheikh Aboud Rogo, Sheikh Abubakar Makaburi na wengine wengi ambao walipigwa risasi kiholela na polisi. Tuliona ni kama yalikuwa mambo ya kupita tu lakini inaonekana kwamba kila Serikali inayochaguliwa katika nchi yetu ni lazima kwanza itoe kafara wananchi wa Kenya kwa kupitia kwa polisi.

Mheshimiwa Spika, kesho kutwa tutakuwa Busia na moja kati ya zile harakati ambazo hufanywa katika Senate Mashinani ni kwamba tunazuru zile taasisi za jela; kwa mfano, tulipokuwa Kitui, tulizuru Gereza la Kitui na tukaweza kutoa zaidi ya wafungwa 200, ambao walikuwa wamefungwa makosa madogo ambao walikuwa hawajaweza kulipa faini na baada ya hapo, jaji wa mahakama kuu katika eneo la Kitui, binafsi alizuru Gereza lile na aka-bail watu wengi ili waweze kutoka kutokana na ule mfano ambao tulikuwa tumefanya kama Seneti. Natarajia kwamba Kamati ya Sheria na Haki, tutakapo kuwa Busia tutapata fursa pia ya kuzuru Gereza la Busia ili kuona kwamba wananchi na wale wafungwa ambao wako katika Gereza hili, wanapata haki zao kikamilifu.

Asante Mheshimiwa Spika kwa kunipa fursa hii.

BILL

First Reading

THE CONSTITUTION OF KENYA (AMENDMENT) NO.2 BILL (SENATE BILLS NO.16 OF 2025)

(Order for First Reading read - Read the First time and referred to the relevant Senate Committee) Next Order.

MOTION

ADOPTION OF REPORT OF PETITION ON AMENDMENT TO THE COUNTY GOVERNMENTS ACT, 2012

THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on a Petition to the Senate by Mr. Japheth Makokha, the Executive Director of Tripple the Impact CBO to amend the County Governments Act, 2012, on the mandate of the County Governors assigning Portfolio of a County Executive Committee Member (CECM) to the

MOTION

ADOPTION OF REPORT OF THE STANDING COMMITTEE ON FINANCE AND BUDGET ON THE COUNTY GOVERNMENTS (EQUITABLE SHARE) CASH DISBURSEMENT SCHEDULE FOR FY2025/2026

THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the County Governments (Equitable Share) Cash Disbursement Schedule for Financial Year 2025/2026, laid on the Table of the Senate on Wednesday, 24th September, 2025 and that, pursuant to Section 17 (7) of the Public Finance Management Act and Standing Order 189(3), the Senate approves the County Governments (Equitable Share) Cash Disbursement Schedule for Financial Year 2025/2026.

(Motion deferred)

BILL

Second Reading

THE OFFICE OF THE COUNTY ATTORNEY (AMENDMENT) BILL (SENATE BILL NO. 47 OF 2024)

(Bill deferred)

BILL

Second Reading

THE SEEDS AND PLANT VARIETIES (AMENDMENT) BILL (SENATE BILL NO. 4 OF 2025)

(Bill deferred)

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

COMMITTEE OF THE WHOLE THE TECHNOPOLIS BILL (NATIONAL ASSEMBLY BILL NO. 6 OF 2024)

COMMITTEE OF THE WHOLE THE COOPERATIVES BILL (NATIONAL ASSEMBLY BILLS NO.7 OF 2024)

IN THE COMMITTEE

1. (1) This Act shall apply to all cooperatives in Kenya.
   1. The Office
2. an intercounty primary cooperative;
3. an intercounty secondary cooperative;
4. a Cooperative Federation; and
5. an Apex Cooperative.
   1. The office of the county commissioner for cooperatives
6. an intracounty primary cooperative; and
7. an intracounty secondary cooperative.
   1. A cooperative that is registered under the Sacco
8. comply with subsection (2) of (3) respectively; and
9. conduct business, be licensed, be regulated and be supervised of the Commissioner established under shall apply in any case where there is any
1. This Act

The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 7

The Temporary Chairperson (Sen. Veronica Maina): I invite the Chairperson Standing Committee on Trade, Industrialization and Tourism to proceed and move this amendment.

1. The technical officers appointed under subsection (1) shall have relevant academic qualifications in cooperative management and practice and comply with Chapter Six of the Constitution. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 8 The Temporary Chairperson (Sen. Veronica Maina): I invite the Mover to move this amendment. The Chairperson Standing Committee on Trade, Industrialization and Tourism, please proceed.

1. deleting subclause (1) and substituting therefor the following new subclauses—
2. Three months prior to a vacancy arising in the office of the Commissioner, the Public Service Commission shall invite applications from persons who qualify for appointment to the office of the Commissioner for Cooperative Development through advertisement in at least two daily newspapers of nationwide circulation. (1A) The Public Service Commission shall, within six months of a vacancy arising in the position of the Commissioner, fill the vacancy through a competitive recruitment process.
3. deleting subclause (2) and substituting therefor the following new subclause—
4. A person is not qualified for appointment as a Commissioner, unless the person has—
5. a bachelor’s degree in cooperative management, cooperative business or other related fields;
6. a minimum of twenty years’ experience in senior management in the Public Service, ten of which should be in the cooperative sector in a position not lower than county commissioner for cooperatives; and
7. meets the requirements of Chapter six of the Constitution. (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): I invite Sen. Mbugua, standing in for the Chairperson Standing Committee on Trade, Industrialization and Tourism, to move this amendment.

9. by deleting the words “register all cooperatives in Kenya, and” appearing at the beginning of paragraph (c); (ii) by inserting the words “intercounty primary cooperatives, intercounty secondary cooperatives” immediately after the words “registration of” appearing in paragraph (d); (iii) by deleting paragraph (e) and substituting therefor the following new paragraph—
10. establish an integrated cooperatives management information system; (iv) in paragraph (f)—
11. by deleting the word “federations” appearing immediately after the words inserting the words “affairs of” appearing in paragraph (f)” and substituting therefor the words “an intercounty primary cooperative, an intercounty secondary cooperative, a cooperative federation”; (ii) by inserting the following new paragraphs immediately after paragraph (f)— (fa) enforce remedial measures against non-compliant intercounty primary cooperative, intercounty secondary cooperative, cooperative federations and the Apex Cooperatives and, where necessary, recommend inquiries into the affairs of the cooperatives; (fb) where appropriate, petition the High Court for the liquidation of intercounty primary, intercounty secondary, cooperative federations and the Apex Cooperatives in accordance to the provisions of this Act;
12. by deleting the words “governments” appearing immediately after the words “building for cooperatives” appearing in paragraph (g) and substituting therefor the words “Commissioners of Cooperatives, relevant board of directors and relevant chief executive officers”; (vi) by deleting paragraph (i); (vii) in paragraph (j) by inserting the words “verified and certified by the National Audit Director or the County Audit Director as the case may be” appearing immediately after the words “audited financial statements”; (viii) by inserting the following paragraphs immediately after paragraph (n)— (na) in collaboration with county commissioners for cooperatives conduct public awareness campaigns on cooperatives; (nb) supervise the elections of an intercounty primary cooperative, intercounty secondary cooperative, cooperative federation and the apex cooperative; (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 10 The Temporary Chairperson (Sen. Veronica Maina): I invite Sen. Mbugua, standing in for the Chairperson, Standing Committee on Trade, Industrialization and Tourism, to proceed.

1. The Commissioner
2. The report shall contain the following information—
3. the number if any of cooperatives registered and deregistered;
4. the number if any of inspections and inquiries carried out;
5. the number if any of board of directors found liable under the Act;
6. the number if any of cooperatives that are at risk of liquidation or have been shall prepare and submit an annual report on the

1. in the marginal note by deleting the word “Director” appearing immediately after the word “Office of the County” and substituting therefor the word “Commissioner”;
2. in subclause (1) by deleting the word “Director” appearing immediately after the word “Office of the County” and substituting therefor the word “Commissioner”;
3. in subclause (2) by deleting the word “Director” appearing immediately after the word “Office of the County” and substituting therefor the word “Commissioner”; (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 12 The Temporary Chairperson (Sen. Veronica Maina): I invite the Mover, Sen. Mbugua, to move this amendment.

1. in the marginal note by deleting the word “Director” appearing immediately after the word “Office of the County” and substituting therefor the word “Commissioner”;
2. in subclause (1) by deleting the word “Director” appearing immediately after the word “Office of County” and substituting therefor the word “Commissioner”;
3. in subclause (2) by inserting the words “and shall comply with Chapter Six of the Constitution” immediately after the words “in cooperative management and practice,” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 13 The Temporary Chairperson (Sen. Veronica Maina): I invite Sen. Mbugua, Standing for the Chairperson, Standing Committee on Trade, Industrialization and Tourism, to proceed.

1. deleting the word “Director” appearing after the words “Office of County” in the marginal note and substituting therefor the word “Commissioner”;
2. deleting subclause (1) and substituting therefor the following new subclauses—
3. Three months prior to a vacancy arising in the position of the County Commissioner for Cooperatives, the County Public Service Board shall invite applications from persons who qualify for appointment to the office of the County Commissioner for Cooperatives through advertisement in at least two daily newspapers of nationwide circulation. (1A) The County Public Service Board shall, within six months of a vacancy arising in the position of the County Commissioner for Cooperatives, fill the vacancy through a competitive recruitment process.
4. deleting subclause (2) and substituting therefor the following new clause—
5. A person is qualified for appointment as a County commissioner for cooperatives, if the person has—
6. a bachelor’s degree in cooperative management or cooperative business;
7. a minimum of ten years’ experience in cooperative management and practice; and
8. meets the requirements of Chapter Six of the Constitution. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 14 The Temporary Chairperson (Sen. Veronica Maina): I invite Sen. Mbugua to move the amendment.

1. deleting the word “Director” appearing after the words “of the County” in the marginal note and substituting therefor the word “Commissioner”;
2. by renumbering the current paragraph (a) as (b) and inserting the following new paragraph (a)—
3. advice the County Executive Committee Member on the growth and development of cooperatives in the county;
4. by inserting the following new paragraphs immediately after paragraph (a)— (aa) register intracounty primary and intracounty secondary cooperatives; (ab) maintain a county cooperatives register; (ac) implement national integrated systems for the registration and management of cooperatives and submit county annual returns to the Commissioner; (ad) enforce remedial measures against non-compliant intracounty primary and intracounty secondary cooperatives and, where necessary, recommend inquiries into their affairs; (af) petition the High Court for the liquidation of intracounty primary and intracounty secondary cooperative where appropriate in accordance to the provisions of this Act; (ag) register audited financial statements certified by the county audit director; (ah) promote alternative dispute resolution mechanisms for disputes relating to intracounty primary and intracounty secondary cooperatives and their members;
5. by renumbering the current paragraph (b) as (ba) and inserting the words “intracounty primary and intracounty secondary cooperatives” immediately after the words “affairs of”
6. in paragraph (c) by inserting the words “intracounty primary and intracounty secondary” immediately after the words “supervise the elections of”
7. by deleting paragraph (e);
8. in paragraph (f) by deleting the word “cooperatives in the counties” appearing immediately after the words “capacity building of” and substituting therefor the words “the board of directors and chief executive officers of cooperatives in the county”
9. by deleting paragraph (i) and substituting therefor the following new paragraph–
10. promote partnerships between intracounty primary and intracounty secondary cooperatives and relevant stakeholders, including financial institutions, government agencies, and private sector players, to enhance cooperative development; (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 15

1. by deleting the word “Director” appearing after the words “by the County” in the marginal note and substituting therefor the word “Commissioner”;
2. by renumbering the existing provision as subclause (1) and inserting the following new subclauses—
3. The County
4. The report shall contain the following information—
5. the number if any of intracounty primary and intracounty secondary

2. the number if any of inspections and inquiries carried out;
3. the number if any of board of directors found liable under the Act; and
   4. the number if any of intracounty primary and intracounty secondary
   commissioner for cooperatives shall prepare and submit an annual

1. deleting the word “directors” appearing immediately after the words “forty- seven county” and substituting therefor the word “Commissioners”
2. inserting the following new subclause immediately after subclause (1)— (1A) In the absence of the Commissioner, the county commissioners for cooperatives shall nominate one of their own to chair the meeting of the Forum. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 17 and 18

1. by deleting paragraph (a) and substituting therefor the following new paragraph—
2. intracounty and intercounty primary cooperatives;
3. by deleting paragraph (b) and substituting therefor the following new paragraph—

2. intracounty and intercounty secondary cooperatives; (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 20

1. by deleting subclause (3) and substituting therefore the following new subclause—
2. A primary Cooperative may be formed by at least twenty persons.
3. in subclause (4) by deleting the words “that do not share the same objectives or proposes” appearing immediately after the words “two or more cooperatives”
4. by deleting subclause (5) and substituting therefor the following new subclauses—
5. A person intending to join two or more cooperatives under subsection (4) shall disclose their membership in any other cooperative they are already a member to the additional cooperative they seek to join. (5A) A person who is a member of multiple cooperatives, shall before applying for a loan in any cooperative, submit a letter from each cooperative they are a member confirming the nature and extent of financial liability of the person. (5B) Despite the provisions of this Act or any other written law, cooperatives may in such manner and to such extent as the Cabinet Secretary may, in regulations prescribe, exchange information on the non-performing loans of their members. (5C) Without prejudice to subsection (5B) and the regulations made their under, the information may be shared through the credit reference bureaus established under section 31 of the Banking Act.
6. by deleting subclause (6). (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 21

1. in subclause (1) by inserting the following words “or the county commissioner for cooperatives, as the case may be” immediately after the words “The Commissioner”.
2. in subclause (2) by inserting the words “or the county commissioner for cooperatives, as the case may be” immediately after the words “to the Commissioner” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 22

1. in subclause (2) by deleting the words “A secondary Cooperative shall comprise of membership from at least five primary” appearing immediately after the word “A” and substituting therefor the words “An intracounty secondary Cooperative shall comprise of membership from at least five intraprimary”
2. by inserting the following new subclause immediately after subclause (2)—
3. An intercounty secondary cooperative shall comprise of membership from at least five intercounty primary cooperatives. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end Clause 23

1. in subclause (1)—
   9. by deleting paragraph (a) and substituting therefor the following new paragraph–
   10. by the chief executive officer of the intracounty primary cooperative in case of registration of an intercounty primary Cooperative; (ii) by deleting paragraph (b) and substituting therefor the following new paragraph—
   11. by at least five intercounty primary Cooperatives in case of registration of an intercounty secondary Cooperative; (iii) by inserting the words “and one primary cooperative” appearing immediately after the words “two secondary cooperatives” in paragraph (c)
   12. in subclause (3)–
   13. by deleting paragraph (a) and substituting therefor the following new paragraph—
   14. in the case of registration of an intercounty primary cooperative under subsection (1) (a) a letter of no objection to the registration of the intercounty primary cooperative, issued by the county commissioner for cooperatives of the county where the intracounty cooperative is registered; (ii) by deleting paragraph (b); (iii) by deleting the words “and duly approved by the County Director for Cooperatives, amongst other things providing” appearing in paragraph (c) and substituting therefor the words “providing for amongst other things” (iv) by deleting the words “County Director for Cooperatives” appearing immediately after the words “certified by the” in paragraph (d) and substituting therefor the word “Commissioner”
   15. in subclause (4) by deleting the words “county director of cooperatives or the appointed representative in the case of a primary or secondary cooperative” appearing immediately after the words “presided over by the” in paragraph (a) and substituting therefor the words “Commissioner or the appointed representative in the case of an intercounty primary, an intercounty secondary cooperative, cooperative federation”
   16. by deleting subclause (5). (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 30

1. in subclause (1) by deleting the words “The Commissioner may not register a Cooperative under this Act where in the opinion of the Commissioner” appearing in the beginning of the subclause and substituting therefor the words “The Commissioner or county commissioner for cooperatives, as the case may be, may not register a Cooperative under this Act where in their opinion”
2. in subclause (2) by inserting the words “or county commissioner for cooperatives as the case may be” immediately after the words “to the Commissioner” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 31

1. in paragraph (d) by inserting the words “or county commissioner for cooperatives as the case may be” immediately after the words “by the Commissioner”
2. in paragraph (g) by inserting the words “or county commissioner for cooperatives as the case may be” immediately after the words “The Commissioner” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 32

32.

If the Commissioner or county commissioner for cooperatives, as the case may be, is satisfied that a relevant Cooperative has complied with the provisions of this Act and any Regulations made thereunder and that its proposed by-laws are not contrary to this Act or any Regulations made thereunder, the Commissioner or county commissioner for cooperatives, as the case may be, shall register the Cooperative and its by-laws under this Act within a period not exceeding thirty days from the date of verification. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 33

1. inserting the words “or county commissioner for cooperatives, as the case may be,” immediately after the words “name, the Commissioner” appearing in subclause (1);
2. inserting the words “or county commissioner for cooperatives, as the case may be,” immediately after the words “to the Commissioner” appearing in subclause (2). (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 36 (Question, that Clause 36 be part of the Bill, proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 37

1. in subclause (2) by inserting the words “or county commissioner for cooperatives, as the case may be,” immediately after the words “to the Commissioner”.
2. deleting subclause (3) and substituting therefor the following subclause—
3. If the Commissioner or county commissioner for cooperatives, as the case may be, is satisfied that any amendment of the by-laws of the Cooperative is not contrary to this Act, the Regulations made hereunder and any other written law, they may register the amendment.
4. deleting subclause (4) and substituting therefor the following subclause—
5. The Commissioner
6. deleting subclause (6) and substituting therefor the following subclause—
7. Upon registering an amendment of the by-laws of a Cooperative, the
8. in subclause (8).by inserting the words “or county commissioner for or county commissioner for cooperatives, as the case may

1. A party aggrieved by the decision of the Commissioner or county commissioner for cooperatives, not to register the Cooperative and its by-laws or any amendments of its by- laws may within thirty days appeal against the decision to the Cooperative Tribunal. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 40

Division at the end. Clause 43

1. in subclause (1) by inserting the following new paragraph immediately after paragraph (b)— (ba)is a diaspora based member;

2. by deleting subclause (2). (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 45 and 46

1. by inserting the following new subclauses immediately after subclause (1)— (1A) The board of directors of a cooperative shall provide for electronic voting by members of the cooperative. (1B) The board of directors of a cooperative shall ensure that the members are facilitated to vote by secret ballot in the case of any matter requiring a special resolution of two thirds of the members under this Act.
2. in subclause (2) by deleting the word “shall” appearing immediately after the words “A cooperative” and substituting therefor the word “may” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clauses 48-50

Division at the end. Clause 51

1. in subclause (2) by deleting the words “fifteen days” appearing immediately after the words “provided to members” in subclause and substituting therefor the words “twenty-one days”
2. in subclause (3) by deleting the word “Director” appearing immediately after the words “or the County” and substituting therefor the word “Commissioner” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 54

1. in subclause (1) (c)by inserting the following new subparagraphs after paragraph (iii)— (iv) the trial balance;
   22. the cash flow statement; (vi) the management accounts detailing revenue, expenses, and surplus distribution; (vii) the reports on member contributions, withdrawals, and refunds; or (viii) any other financial information prescribed in the regulations based on the size and complexity of the cooperative.
   23. by inserting the following new subclauses immediately after subclause (1)— (1A) In respect to Savings and Credit Cooperatives (SACCOs) and financial services cooperatives, the Cooperative shall in addition to the books under subsection (1) include—
   24. loan performance report, including the -classification of loans (performing and non-performing loans).
   25. loan provisioning and write-offs;
   26. delinquency ratio and credit risk assessment.
   27. liquidity and capital adequacy report
   28. investment cooperative portfolio statement investments, detailing including all securities, deposits, and real estate. (1B) In respect to member produce cooperatives, the Cooperative shall in addition to the books under subsection (1) include—
   29. production and inventory report on products and inputs.
   30. status of equipment and machinery, including operational efficiency.
   31. status of infrastructure. storage facilities and logistics
   32. list of cooperative-owned agricultural land and its utilisation status. (1C) In respect to Transport Cooperatives (TransCoops), the Cooperative shall in addition to the books under subsection (1) include—
       1. list of fleet assets, including vehicles, maintenance schedules, and depreciation status.
       2. operational income and expenditure report, including fuel costs, repairs, and insurance expenses.
       3. loan and lease obligations for fleet expansion and renewal.
       4. compliance status with transport regulatory requirements. (1D) In respect to Housing Cooperatives, the Cooperative shall in addition to the books under subsection (1) include—
       5. property ownership report, including details of cooperative-owned land, buildings, and ongoing construction projects.
       6. membership subscription payments towards housing projects.
       7. loan obligations related to real estate development.
       8. occupancy and tenancy reports for rental cooperative properties. (1E) In respect to Investment Cooperatives, the Cooperative shall in addition to the books under subsection (1) include—
       9. breakdown of cooperative investments, including equity holdings in listed and unlisted companies; bonds, treasury bills, and other financial instruments, real estate assets and returns on investment;
       10. valuation report on investment properties and other assets;
       11. risk exposure analysis related to investments;
2. by inserting the following subclause immediately after subclause (2)— (2A) A board of directors that fails to comply with sub-section (1) shall be deemed to have committed an offence. (2B) The Commissioner or the county commissioner for cooperatives as the case may be may impose a penalty on the board of directors, jointly and severally, as prescribed in the regulations, for each month the cooperative fails to file the required returns.
   4. in subclause (4) by deleting the words “approved by the Commissioner” appearing immediately after the words “list of auditors” and substituting therefor the words “proposed by the board of directors”;
   5. in subclause (5) by inserting the words “or county commissioner for cooperatives, as the case may be,” immediately after the words “appointed the Commissioner”;
   6. in subclause (6)(d) by inserting the words “chief executive officer” immediately after the words “authenticated by the chairperson”
   7. in subclause (7) (a) by deleting the words “approved by the Commissioner” appearing immediately after the words “accounts have been” and substituting therefor the words “certified by the National Audit Director of Cooperatives or the County Audit Director of Cooperatives as the case may be and approved by the Commissioner or county commissioner for cooperatives, as the case may be, to be”
   8. by inserting new sub-clauses immediately after subclause 8— (8A) The Auditor shall, in the audit report recommend measures to be adopted by the cooperative to improve performance. (8B) The Auditor shall, as part of the audit report submit a risk report.
   9. in subclause (11) by deleting the words “at such time and in such form as may be prescribed, file with the Commissioner” appearing immediately after the words “Cooperative shall” and substituting therefor the words “within ten days after the general meeting under subclause (8) and in such form as may be prescribed, file with the National Audit Director of Cooperatives or the County Audit Director of Cooperatives as the case may be”
   10. by inserting the following new subclause immediately after subclause (11)— (11A) The National Audit Director of Cooperatives or the County Audit Director of Cooperatives, as the case may be, shall authenticate the documents submitted under subsection (11) and submit them to the Commissioner or county commissioner for cooperative, as the case may be, for registration within a period of one month after receipt of the documents.
   11. in subclause (12) by inserting the words “or county commissioner for cooperatives, as the case may be,” immediately after the words “unless the Commissioner”
   12. by inserting the following new paragraphs after subclause (12)— (12A) The Commissioner or the county commissioner for cooperatives as the case may be, may in addition to the power under subsection (12), have the power to—
   13. dissolve the board of directors and appoint an interim board, which shall serve for three months or until a general meeting is convened to elect a new board whichever is earlier;
   14. direct the freezing of capital expenditure until compliance with the audit requirements has been met;
   15. place the cooperative under enhanced supervisory and regulatory oversight, until the cooperative complies with the audit requirements;
   16. institute recovery measures against members of the board of directors who were in office at the time of non-compliance, where such non compliance resulted in financial loss, fraud, misappropriation, or misuse of cooperative funds. (12B) All members of the Board of Directors of a cooperative that fail to cause an audit of its financial statements within the prescribed period commit an offence and shall is liable upon conviction to imprisonment for three years or a fine not exceeding five hundred thousand or both. (12C) An auditor who falsifies the audited financial statements under subclause
3. shall commit an offence and shall be liable upon conviction to imprisonment for three years or a fine not exceeding five hundred thousand or both.
   13. in subclause (13) by deleting the words “Director for Cooperatives shall ensure that all primary and secondary cooperatives” and substituting therefor “Commissioner for Cooperatives shall ensure that all intracounty primary and intracounty secondary cooperatives”
   14. in subclause (15) by inserting the words “or county commissioner for cooperatives, as the case may be,” immediately after the words “The Commissioner” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Clause 55

1. in sub clause (3) by deleting the words “director of cooperatives” appearing immediately after the words “commissioner or county” and substituting therefor the words “commissioner for cooperatives as the case may be”.
2. by inserting the following new sub clause immediately after sub clause

1. — (5A) The board of directors shall ensure that the notice issued under subsection (5) shall be shared to members both through their physical addresses and through the official virtual platforms of the respective cooperative.
   3. in sub clause (6) –
      9. by inserting the following new paragraph immediately after paragraph (d)— (da) determine the percentage of the surplus that is to be deposited in the reserve fund of the cooperative; (ii) by inserting the words “consider any reports on debt to equity ratio of the cooperative and” immediately before the words “determine where necessary” appearing in paragraph (f); (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 57

1. in subclause (2)-
2. by deleting the words “director of cooperatives” and substituting therefor the words “commissioner for cooperatives as the case may be”, immediately after the words “Commissioner or county” (ii) by inserting the following subclause immediately after subclause (2)— (2A) The members demanding the special meeting shall ensure that the notice issued to other members in subsection (2) shall be shared to members both through their physical addresses and through the official virtual platforms of the respective cooperative.
3. by deleting subclause (3) and substituting therefor the following new subclause—
4. The Commissioner
5. by deleting subclause (4). or county commissioner for cooperatives, as the case

1. Despite the generality of subsection (1), the Commissioner or the County Commissioner for Cooperatives may preside at any meeting of a Cooperative convened pursuant to a directive of the Commissioner or the County Commissioner for Cooperatives. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 59

1. by deleting subclause (1) and substituting therefor the following subclause—
2. A Cooperative
3. by deleting subclause (2). shall hold its general meetings physically, virtually, or

1. by deleting the word “physical” appearing immediately after the words “exclusively discussed at a” in the introductory clause;
2. by inserting the following new paragraphs immediately after paragraph (d)— (da) borrowing by the cooperative; (db) investment in non-core activities by the cooperative; (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 61

1. by inserting the following new subclause immediately after subclause (1)— (1A) Despite subsection (1), the Commissioner, may in the case of an Apex Cooperative approve the increased membership of the Board of Directors up to a maximum of fifteen members based on the different sectors represented in the Apex cooperative. (1B) The following cooperatives shall be represented in the membership of the Board of Directors in an Apex Cooperative—
   9. producer cooperatives; (ii) housing cooperatives; (iii) savings and credit cooperatives; (iv) savings and investment cooperatives;
   10. transport cooperatives; (vi) worker cooperatives; and (vii) consumer cooperatives.
2. in subclause (2) by deleting the words “for one term of three years” appearing immediately after the words “eligible for re-election and shall be eligible for re-election for one term of three years” and substituting therefor the words “by rotation provided the directors retiring by rotation and eligible for reelection shall only constitute one third of the directors who are longest serving in office since the last election”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 62 (Question, that Clause 62 be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 63

1. by deleting paragraph (b) and substituting therefor the following new paragraph—
   2. does not have a minimum of a post- secondary level of education certificate in cooperative management and practice from a university recognised in Kenya, unless exempted by the Cabinet Secretary or by the County Executive Committee member as the case may be in accordance with the regulations: Provided that this subparagraph shall not apply to Cooperatives in respect of which the Sacco Societies Act apply;
2. by deleting paragraph (h) and substituting therefor the following new paragraph—
   8. has been removed by the Commissioner or County commissioner for cooperatives as the case may be, after being adversely mentioned in an inquiry report or any inspection report for mismanagement or corrupt practices;
3. by deleting the word “charged” appearing in paragraph (i) immediately after the words “has been” and substituting therefor the word “convicted”.
4. by deleting the word “three” appearing immediately after the words “a term exceeding” and substituting therefor the word “six”;
5. by inserting the words “or any other written law” immediately after the words “Regulations made thereunder” appearing paragraph (k);
6. by inserting the following new paragraphs immediately after paragraph

14. — (na) has been convicted of an offence financial misconduct; (nb) has been found guilty of professional or ethical misconduct; (nc) has been found liable for mismanagement or gross misconduct; (nd) lacks fiduciary indemnity cover or bond; (ne) failed the prescribed professional and moral suitability test; or (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 64

1. in subclause (1) by inserting the words “crisis management plan, development and implementation of the data protection policy, policy for protection and reward of whistle blowers, annual member surveys” immediately after the words “internal controls”.
2. in subclause (2) (a) by deleting the word “appoint” appearing immediately after the word “shall” and substituting therefor the words “competitively recruit”.
3. in subclause (5) (b) by deleting the word “by-laws” appearing immediately after the words “prescribed in the” and substituting therefor the words “board charter”; (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 65

1. by deleting paragraph (a) and substituting therefor the following new paragraph-
2. County Commissioner
3. by inserting the words “intercounty primary cooperative, intercounty for Cooperatives in case of intercounty

1. by inserting the following new subclauses immediately after subclause (2)— (2A) The Board of Directors shall cause to be advertised in one newspaper of nationwide circulation, the website and social media platforms of the cooperative, the vacancy for the persons in subclause (3) (c). (2B) A person shall not be qualified for appointment as a member of the nomination committee if the person—

9. is a member of the Cooperative; (ii) has been a member of the supervisory board or the nomination committee or other management offices of the Cooperative; (iii) is an undischarged bankrupt; (iv) is of unsound mind;
10. has been removed by the Commissioner or County commissioner for cooperatives as the case may be, after being adversely mentioned in an inquiry report or any inspection report for mismanagement or corrupt practices; (vi) has been convicted in a court of law with an offence relating to a breach of fiduciary duty; (vii) has been convicted of any offence involving dishonesty or an offence under any other written law or has been sentenced to imprisonment for a term exceeding six months; (viii) has been convicted of an offence under this Act or Regulations made thereunder.
    2. by deleting subclause (3) (a) and substituting therefor the following new paragraph—
    3. The Commissioner
    or their representative or the county commissioner

1. in subclause (7) (c) by inserting the words “county commissioner for cooperatives, as the case may be” immediately after the words “by the Commissioner”
2. by deleting subclause (9) and substituting therefor the following new subclause-
3. If, the Commissioner or the county commissioner for cooperatives as the case may be, is satisfied that the secondary resolutions of each of the Cooperatives amalgamating comply with the provision of this section, they may register the amalgamated Cooperative and its by-laws and thereupon—
4. each of the amalgamating Cooperative shall stand dissolved and its registration cancelled except for amalgamation by absorption;
5. the registration of the amalgamated Cooperative shall be a sufficient conveyance to vest the assets and liabilities of the amalgamating Cooperatives in the amalgamated Cooperative;
6. the remaining members of the amalgamating Cooperatives shall become members of the amalgamated Cooperative and will be subjected to its by- laws; and
7. any shareholders of the amalgamating Cooperatives or any other persons who have claims against the amalgamating Cooperatives and whose claims were not satisfied in accordance with the secondary resolution, may pursue such claims against the amalgamated Cooperative.
   3. in subclause (10) by inserting the words “or county commissioner for cooperatives, as the case may be” immediately after the words “the Commissioner”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 68

1. in subclause (8) (c) by inserting the words “or county commissioner for cooperatives, as the case may be” immediately after the words “the Commissioner”
2. by deleting subclause (9) and substituting therefor the following new subclause —
   1. The Cooperative
3. by deleting the introductory section of subclause (10) and substituting
4. If the Commissioner or county commissioner for cooperatives, as
5. in subclause (11) by inserting the words “or county commissioner may, by further resolution passed by a two- thirds

1. by deleting subclause (1) and substituting therefor the following new subclauses—
2. A Cooperative
3. bind the member to produce the quantities of the member’s
4. provide for payment of a specific sum per unit of weight or other
5. by inserting the following paragraph immediately after paragraph

1. —
   1. It shall be the duty of every person applying for membership of a
   which has as one of its objects the disposal of any

1. in subclause (1) by deleting the words “but no such fine shall be imposed upon any member until written notice of intention to impose the fine and the reason therefore has been served on the member and the member has had an opportunity of showing cause why the fine should not be imposed and, if the member so desires, of being heard with or without witnesses.” appearing immediately after the words “its by-laws,”
2. by inserting the following new subclause immediately after subclause

1. — (1A) A fine shall not be imposed upon any member until written notice of intention to impose the fine and the reason therefore has been served on the member and the member has had an opportunity of showing cause why the fine should not be imposed and, if the member so desires, of being heard with or without witnesses.
   3. in subclause (2) by deleting the words “Any such fine” appearing at the beginning of the clause and substituting therefor “A fine under this section”
   4. in subclause (4) by deleting the words “subsection (5)” appearing immediately after the words “in accordance with” and substituting therefor “section 69 (5)”
   5. by deleting subclause (5). (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 71 (Question, that Clause 71 be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 72 (Question, that Clause 72 be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 73

1. by inserting the following new subclause immediately after subclause (1)— (1A) A Commissioner or a county commissioner for cooperatives as the case may be, shall issue written notice to an employer who fails to remit the sum owing to a cooperative under subsection (1) within seven days of receipt of a notification by a cooperative.
2. in subclause (2) by inserting the words “or county commissioner for cooperatives as the case may be” immediately after the word “Commissioner”.
3. by deleting subclause (3).
4. by deleting subclause (4).
5. by deleting subclause (5).
6. by deleting subclause
   1. and substituting therefor the following new subclause—
7. The Commissioner
8. in subclause (8) by deleting the phrase “subsection (3)” appearing
9. by
1. and
10. Where an agent claims to be unable to comply with subsection (7)
11. accept the notification and cancel or amend the notice
12. if not satisfied with the reasons, reject the notification in
13. in subclause (9) by deleting the words “Where an agent fails to notify
14. by deleting subclause (12) and substituting therefor the following
15. Failure to comply with this section shall constitute an offence by or county commissioner for cooperatives as the

1. by re-numbering the existing provision as subclause (1)
2. by inserting the following new subclauses immediately after the re-numbered subclause (1)—
3. An employee or a member of the board of directors of a cooperative shall not act as a guarantor of any person with respect to a loan or credit facility advanced to a person by that cooperative.
4. Despite the provisions of subsection (1), a Cooperative may grant loans or credit facility to an employee or a member of its board of directors which amounts in the aggregate do not exceed ten percent of its gross loan portfolio.
5. The conditions for the grant of a loan or credit facility to an employee or a member of the board of directors shall comply with all requirements under this Act with respect to grant of loans to other members of the cooperative and shall not be made on terms more favourable than those extended to members of the cooperative.
6. An employee or a member of the board of directors who has applied for a loan or credit facility under subsection (3) shall not be present while their application is being considered.
7. The Board
8. Where the Commissioner or county commissioner for cooperatives establishes
9. In addition to the provision under subsection (7), the Commissioner or the
10. This section shall apply despite the act or default by the employee constituting of Directors of a Cooperative shall on or before the fifteenth of

1. (1) Subject to the approval of two thirds of its members at a general meeting, a Cooperative may receive loans of up to thirty percent of its equity from persons who are not members of the cooperative.
2. The resolution of the Cooperative in subsection
3. shall be submitted to the Commissioner or the county commissioner for cooperatives, as the case may be.
4. In this section a deposit of money under a hire-purchase agreement shall be deemed to be a loan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. I invite Sen. Mbugua to move the next amendment. Clause 83

1. in the introductory phrase by inserting the words “of two thirds of its members” immediately after the words “to the approval of”;
2. by inserting the following new paragraph immediately after paragraph (e)— (ea) in real estate, provided the Cooperative shall not invest in a real estate investment which is not for its own accommodation more than twenty-five percentum of its share capital or hold more than twenty-five percentum of equity in the real estate investment;
3. by re-numbering the existing provision as subclause (1) and inserting the following new subclause immediately after the re-numbered sub clause (1)—
4. The limitation on investment in real estate shall not apply to a housing cooperative. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. I invite Sen. Mbugua to move the next amendment. Clause 84

1. (1) A Cooperative shall not invest more than twenty-five percentum of its funds or members’ deposits in non-core activities; Restriction on borrowing
   1. A Cooperative
   2. The limitation on investment in real estate shall not apply to a
   shall not invest in a real estate investment which is

9. paragraph (a), by deleting the words “of members” appearing immediately after the words “a special resolution” and substituting therefor the words “is passed by two thirds of the members of the cooperative” (ii) by inserting the words “or county commissioner for cooperatives, as the case may be” immediately after the words “by the Commissioner” appearing in paragraph (b) (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Let us move to Clause 86. Clause 86

The Division will be at the end. Clause 87

The Temporary Chairperson (Sen. Veronica Maina): I invite Sen. Mbugua to move the amendment.

1. by deleting subclause (2) and substituting therefor the following new subclause— Investment in non-core activities
2. The members of the cooperative shall upon recommendation by the board of directors, and upon consideration of the liabilities of the cooperative for that year, determine the percentage of the net surplus in each year to be deposited in to the reserve fund.
3. by inserting the following new subclause immediately after subclause (2)- (2A) Despite subsection (2), the sum of the reserve fund shall not exceed one point zero five times the liabilities of the Cooperative as at the time of the general meeting. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 88-90

The Division will be at the end. Clause 91

The Temporary Chairperson (Sen. Veronica Maina): I invite Sen. Mbugua to move the amendment.

1. in subclause (1) by inserting the words—
2. “or county commissioner for cooperatives, as the case may be” immediately after the words “with the Commissioner” appearing in the introductory phrase; (ii) “or county commissioner for cooperatives, as the case may be” immediately after the words “to the Commissioner” appearing in paragraph (b)
3. in subclause (2) by inserting the words “or county commissioner for cooperatives, as the case may be” immediately after the words “to the Commissioner” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. I invite Sen. Mbugua to move the next amendment. Clause 92

1. in subclause (1) by inserting the words “or county commissioner for cooperatives, as the case may be” immediately after the words “The Commissioner” appearing in the introductory phrase;
2. by inserting the following new subclause immediately after subclause (1)— (1A) A county commissioner for cooperatives shall submit a copy of their respective register to the Commissioner every quarter.
3. in subclause (2) by inserting the words “or county commissioner for cooperatives, as the case may be” immediately after the words “The Commissioner”
4. in subclause (4) by inserting the words “or county commissioner for cooperatives, as the case may be” immediately after the words “The Commissioner” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. I invite Sen. Mbugua to move the next amendment. Clause 93

1. by deleting subclause (1) and substituting therefor the following new subclause—
2. If any person obtains an order for the appointment of receiver or manager of the property of a Cooperative, or if the High Court appoints such a receiver or manager pursuant to a petition made by the Commissioner or county commissioner for cooperatives pursuant to the provisions of this Act, they shall, within seven days from the date of the order of the appointment under the said powers, give written notice of the fact to the Commissioner or county commissioner for cooperatives, as the case may be, and the Commissioner or county commissioner for cooperatives, shall enter the notice in the register of charges.
3. in subclause (2) by deleting the words “he shall, on so ceasing, give written notice of the fact to the Commissioner and the Commissioner” and substituting therefor the words “they shall, on so ceasing, give written notice of the fact to the Commissioner or county commissioner for cooperatives, as the case may be, and the High Court and the Commissioner or county commissioner for cooperatives” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Let us move to clauses without amendment. Clauses 95-97

The Division will be at the end. I invite Sen. Mbugua to move the next amendment. Clause 98

1. in the marginal note by inserting the following words “county commissioner for cooperatives” immediately after the word “Commissioner”
2. by deleting subclause (1) and substituting therefor the following new sub clause—
3. The National Audit Director
4. in subclause (3) –
5. by deleting the word “Commissioner” appearing in the introductory phrase and
6. provide a copy of the report to the Commissioner or the relevant county
7. by deleting the introductory phrase in subclause (4) and substituting therefor
8. Where the Commissioner or a county commissioner for cooperatives, as the
9. by deleting subclause (6) and substituting therefor the following new
10. Despite subsection (5), where an officer or member of a Cooperative fails to or the county audit director, as the case may be,

1. by deleting subclause (1) and substituting therefor the following new subclause—
2. Where it is established in an inquiry held under section 98 that any person who has taken part in the organisation or management of a Cooperative, or any past or present officer or member of the Cooperative –
3. has misapplied, retained or become liable or accountable for any money or property of the Cooperative; or
4. has committed the offence of misfeasance or breach of trust in relation to the Cooperative, and is liable upon conviction to imprisonment for a term of five years or a fine not exceeding one million shillings or the amount of the value of the property of the offence, whichever is higher, or to both the fine and imprisonment; the Commissioner or the county commissioner for cooperatives may, if he or she considers it appropriate, make an order requiring the person to repay or restore the money or property or any part thereof to the Cooperative together with interest at such rate as the Commissioner or the county commissioner for cooperatives thinks just or to contribute such sum to the assets of the Cooperative by way of compensation as they deem fit.
5. by inserting the following new subclause immediately after subclause (1)— (1A) An order under subsection (1) shall be made within twentyone days from the day the inquiry ends. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Let us move to the next amendment. Sen. Mbugua, proceed. Clause 100

1. in subclause (1) by deleting the words “Subject to section 99,” appearing at the beginning of the subclause.
2. in subclause (2) by deleting the words “98, the Commissioner,” appearing immediately after the words “surcharge under section” and substituting therefor “99, the Commissioner or the county commissioner for cooperatives, as the case may be”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Let us move to the next amendment. Sen. Mbugua, proceed. Clause 102

1. by deleting subclause (1) and substituting therefor the following new subclause—
2. The Commissioner
3. the creditor satisfies the Commissioner or the county commissioner for
4. the applicant deposits with the Commissioner or county commissioner for
5. in subclause (2) by deleting the word “director” appearing immediately after
6. in subclause (3)—
7. in paragraph (b) by inserting the words “intercounty primary cooperatives, or the county commissioner for cooperatives, may, if they

1. by deleting words “inquiry and” appearing in the marginal note;
2. by deleting subclause (1) and substituting therefor the following new subclause-
3. Where an inspection is held or made under this Act, the Commissioner or the County Commissioner for Cooperatives as the case may be, may, by a certificate under their hand, make an order apportioning the expenses, or such part of the expenses as the Commissioner or the county commissioner for cooperatives considers proper, between the Cooperative, the members or creditor demanding the inquiry or inspection, and the officers or former officers of the Cooperative and the decision of the Commissioner or the county commissioner for cooperatives thereon shall be final. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Let us move to the next amendment. Proceed, Sen. Mbugua. Clause 104

1. in subclause (1) by deleting the words “sections 98 and 102, the Commissioner or County Director” appearing immediately at the beginning of the subclause and substituting therefor the words “section 102, the Commissioner or County Commissioner”
2. by deleting subclause (2) and substituting therefor the following new subclause—
3. The inspection reports prepared pursuant to subsection (1) shall be presented to—
4. a joint meeting of the board of directors and supervisory board of the Cooperative for deliberation and implementation; and
5. the general meeting of the cooperative. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Let us move to the next amendment. Clause 105

1. deleting subclause (1) and substituting therefor the following new subclause—
2. If the National Audit Director or the County Director of Audit as the case may be, after holding an inquiry under section 98 or receiving an application made by at least three fourths of the members of a Cooperative or receiving recommendations from the Authority are of the opinion that the Cooperative ought to be dissolved, the National Audit Director or the County Director of Audit as the case may be, may, recommend the dissolution of the Cooperative and subsequent cancellation of registration.
3. By inserting the following new subclauses immediately after subclause (1) — (1A) Upon receipt of the Report of the National Audit Director or the County Director of Audit the Commissioner or the county commissioner for cooperatives as the case may be may—
4. recommend a remedial action that may be undertaken by the cooperative within six months; or
5. within one month, file a petition for liquidation of the cooperative with the High Court upon failure by the cooperative to fulfil the requirements prescribed under paragraph (a). (1B) If the High Court resolves that the cooperative should be liquidated, the High Court shall appoint a liquidator from the pool of authorised liquidators. (1C) Upon the resolution of the High Court to liquidate the cooperative, the appointed liquidator shall notify the Commissioner or county commissioner for cooperatives of their appointment and commence liquidation of the cooperative in accordance with section 108 and the First Schedule.
6. in subclause (2) by deleting the words “Cooperative Tribunal with further appeal to the High Court” appearing at the end of the subclause and substituting therefore the words “High Court with further appeal to the Court of Appeal”
7. in subclause (3) by deleting the words “Commissioner unless the High Court directs otherwise,” appearing immediately after the words “decision of the” and substituting therefor the word “High court”
8. in subclause (4) by deleting the words “Commissioner makes an order under subsection (1), he” appearing immediately after the words “Where the” and substituting therefor the words “High Court makes an order under subsection (1), the Commissioner or County Commissioner for Cooperatives as the case may be,”
9. in subclause (5) by inserting the words “or county commissioner for cooperatives, as the case may be,” immediately after the words “of the Commissioner”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Let us go to the next amendment. Clause 106

1. by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “The Commissioner” in the introductory phrase;
2. by deleting the word “Director” appearing immediately after the words “or the County” in paragraph (b) and substituting therefor the word “commissioner” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Let us proceed to clauses without amendment. Clause 107-108

The Division will be at the end.

1. Subject to section 109, a person shall be qualified to serve as a liquidator if that person has—

1. atleast five years’ experience in cooperative management and practice; and
2. been prequalified by the Official Receiver as a liquidator for cooperatives. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Let us go to the next clause. I invite Sen. Mbugua to move the amendment. Clause 111

1. in paragraph (l) by inserting the words “or county commissioner for cooperatives, as the case may be,” immediately after the words “by the Commissioner”
2. in paragraph (n) by inserting the words “or county commissioner for cooperatives, as the case may be,” immediately after the words “of the Commissioner”
3. in paragraph (o) by deleting the word “Commissioner” appearing immediately after the words “apply to the” and substituting therefor the word “High Court” (Question of the amendment proposed) Qualifications of a liquidator The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Let us go to the next Clause. I invite Sen. Mbugua to move the amendment. Clause 112

1. in subclause (1)—
2. by deleting the words “and to any limitations imposed by the Commissioner and the Commissioner” appearing immediately after the words “the Commissioner” in the introductory phrase and substituting therefor the words “or the county commissioner for cooperatives as the case may be and to any limitations imposed by the Commissioner or county commissioner for cooperatives, and the Commissioner or county commissioner for cooperatives”; (ii) by deleting paragraph (a); (iii) by deleting paragraph (b) and substituting therefor the following new paragraph-
   2. apply to the High Court for the replacement of a liquidator; (iv) by deleting paragraph (d);
3. by inserting the words “or the county commissioner for cooperatives “immediately after the words “the Commissioner” in paragraph (e); (vi) by deleting the words “grant a discharge to” appearing in paragraph (h) and substituting therefor the words “apply to the High Court for a discharge of”; (vii) by inserting the words “or county commissioner for cooperatives as the case may be” immediately after the words “as the Commissioner” appearing in paragraph (i).
   2. in subclause (2) by deleting the words “and shall be exercisable similar to an order made by the Commissioner under subsection (1)(a)” appearing at the end of the subclause. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Let us proceed to the next clause. I invite Sen. Mbugua to move the amendment. Clause 114

1. in subclause (2) by inserting the words “or county commissioner for cooperatives as the case may be” immediately after the words “to the Commissioner”
2. in subclause (3) by deleting the words “the Commissioner shall take such action as the Commissioner considers” appearing immediately after the words “with subsection (2)” and substituting therefor the words “the Commissioner or county commissioner for cooperatives, as the case may be shall take such action as the Commissioner or county commissioner for cooperatives, consider” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Let us move to the next clause. Clause 117

Division at the end. I invite Sen. Mbugua to move the next amendment.

1. by deleting the introductory phrase in subclause (2) and substituting therefor the following introductory phrase—
2. The Commissioner
3. in subclause (3)—
4. by inserting the words “or county commissioner for cooperatives, as the case or county commissioner for cooperatives, as the case may

1. deleting paragraph (b) and substituting therefor the following new paragraph—
2. a deputy chairperson;
3. by deleting the word “six” appearing immediately after the words “less than” in paragraph (c) and substituting therefor the word “seven”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. I invite Sen. Mbugua to move the next amendment. Clause 124

1. by inserting the following new subclause immediately after subclause (1)— (1A) The Chairperson of the Tribunal shall be an advocate of the High Court of Kenya of not less than seven years standing.
2. in subclause (2) by deleting the words “appointed by the Judicial Service Commission from a list of persons nominated for such appointment by the Cabinet Secretary” appearing at the end of the subclause and substituting therefor the words “competitively recruited by the Judicial Service Commission.”
3. in subclause (3)—
4. in paragraph (a) by inserting the words “finance or dispute resolution” immediately after the words “law or practice” (ii) in paragraph (b) by inserting the words “or relevant professional body” immediately after the words “cooperative professionals” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. I invite Sen. Mbugua to move the next amendment. Clause 125

Division will be at the end. Clause 127

The Temporary Chairperson (Sen. Veronica Maina): I propose the question that Clause 127 be part of the Bill and invite Sen. Mbugua to move these amendments.

4. dies; or
5. resigns in writing to the Judicial Service Commission. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 128 The Temporary Chairperson (Sen. Veronica Maina): I propose the question that Clause 128 be part of the Bill and invite Sen. Mbugua to move these amendments.

1. in subclause (1) –
2. by inserting the words “or county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner” in paragraph (a); (ii) by inserting the words “or county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner” in paragraph (b); (iii) by deleting paragraph (c); and (iv) by deleting paragraph (d).
3. in subclause (2) by—
4. deleting the word “Director” appearing immediately after the words “Commissioner or county” in paragraph (c) and substituting therefor the word “Commissioner”; (ii) deleting the word “Director” appearing immediately after the words “Commissioner or the county” in paragraph (e) and substituting therefor the word “Commissioner”
5. by inserting the following new subclause immediately after subclause (2)—
6. The Tribunal shall determine a dispute referred to it under this section within

Division will be at the end. Clause 130

The Temporary Chairperson (Sen. Veronica Maina): I propose the question that Clause 130 be part of the Bill.

I invite Sen. Mbugua to move these amendments.

1. In clause (1) by deleting the introductory phrase and substituting therefor the following new introductory phrase—
2. Subject to the provisions of this Act and any other written law, the intercounty primary, the intercounty secondary, the Apex Cooperative or the Cooperative federations may, with approval of the Commissioner, develop and implement –
3. by inserting the following subclause immediately after subclause (1)— (1A) Subject to the provisions of this Act and any other written law, the intracounty primary or the intracounty secondary, with approval of the respective county commissioner for cooperatives, may develop and implement –
4. a procedure and appropriate system or mechanism of exercising self-regulation over its members or affiliates;
5. a code of conduct for its members;
6. procedure for alternative dispute resolution in Cooperatives;
7. mechanism for sector shared common services; and
8. guidelines on provision of services through virtual platforms. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 149 has no amendment. Clauses 149

Division at the end. Clause 150

The Temporary Chairperson (Sen. Veronica Maina): I propose the question that Clause 150 be part of the Bill and invite Sen. Mbugua move the amendment. Give him the microphone.

1. in subclause (2) by deleting the word “Director” appearing immediately after the words “the Commissioner, county” in paragraph (c) and substituting therefor the word “Commissioner”
2. in subclause (3) by deleting the word “Director” appearing immediately after the words “The Commissioner, county” in the introductory phrase and substituting therefor the word “Commissioner”
3. in subclause (4) by deleting the words “the Authority as the case may be, the Apex Cooperative or a Cooperative federation or a secondary Cooperative” appearing immediately after the words “by the Commissioner” and substituting therefor the words “the county commissioner for cooperatives or the Authority as the case may be, the primary, the secondary, the Cooperative federation or the Apex cooperative” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clauses 151

Division at the end. Clause 152

The Temporary Chairperson (Sen. Veronica Maina): I propose the question that Clause 152 be part of the Bill and invite Sen. Mbugua to move these amendments.

1. in subclause (3) by deleting the words “and shall, if the offence is the contravention of subsection (1) of this section, be ordered to repay the amount of the remuneration, salary, commission or other payment received from the Cooperative in addition to or in lieu of any other punishment, and default in such payment shall be dealt with in the same manner as default in paying a fine imposed by a Tribunal” appearing immediately after the words “and such imprisonment”;
2. by inserting the following new subclause immediately after subclause (3)— (3A) If the offence in subsection (3) is in contravention of subsection (1), the person shall be ordered to repay the amount of the remuneration, salary, commission or other payment received from the Cooperative in addition to or in lieu of any other punishment, and default in such payment shall be dealt with in the same manner as default in paying a fine imposed by a Tribunal. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 153 The Temporary Chairperson (Sen. Veronica Maina): I propose the question that Clause 153 be part of the Bill and invite the Chairperson of the Committee of Trade, Industrialisation and Tourism to move these amendments.

1. (1) There is established the National Co- operative Development Fund.
2. The National Co-operative Development Fund shall consist of – ) (a) sum of money received from the levy paid by intercounty primary cooperatives, intercounty secondary cooperatives, the federative cooperatives and the Apex cooperative in the sums and rate as the Cabinet Secretary may prescribe; and

2. such gifts, donations or grants as may be donated to the Fund. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 154 The Temporary Chairperson (Sen. Veronica Maina): I propose the question that Clause 154 be part of the Bill and invite the Chairperson of the Committee of Trade, Industrialisation and Tourism to move the amendment.

1. by inserting the following paragraph immediately after paragraph (a)— (Aa) subject to consultations with the council of county governors prescribe the certificate of registration to be issued by the Commissioner or the county commissioner for cooperatives;
2. by deleting paragraph (g);
3. by inserting the following paragraph immediately after paragraph (h)— (ha) provide for the guidelines for the implementation of electronic voting in both annual general meetings and special general meetings of cooperatives.
4. in paragraph (m) by inserting the words “intercountry primary, intercounty secondary” immediately after the words “compliance certificate to”
5. in paragraph (n) by deleting the words “primary and secondary cooperatives by the county director” appearing immediately after the words “compliance certificate to” and substituting therefor the words “intracounty primary cooperatives, and intracounty secondary cooperatives by the county commissioner”
6. in paragraph (q) by deleting the word “director” appearing immediately after the words “Commissioner and county” and substituting therefor the word “commissioner”
7. in paragraph (v) by deleting the words “Executive Committee Members, with a copy to” appearing immediately after the words “Cooperative to the County” and substituting therefor the words “Director of county cooperatives or”
8. in paragraph (w) by inserting the words “or county commissioner for cooperatives, as the case may be” immediately after the words “by the Commissioner”;
9. by inserting the following new paragraph immediately after paragraph (ll)— (lla)gazette the standard certificate and a common seal for the Commissioner or county commissioner for cooperatives as the case may be”; (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 155 (Question, that Clause 155 be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 156

1. in subclause (1)—
2. by inserting the words “or county commissioner for cooperatives, as the case may be,” immediately after the words “Act the Commissioner” in the introductory phrase; (ii) by deleting the words “the Commissioner” appearing immediately after the words “to send to” in paragraph (b) and substituting therefor the word “them”;
3. in subclause (2) by deleting the words “may in writing delegate any of his powers conferred upon him to an” appearing immediately after the words “The Commissioner” and substituting therefor the words “or county commissioner for cooperatives as the case may be, may delegate in writing any of the powers conferred upon them to a relevant”; (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 158

1. in paragraph (a) by inserting the words “provided they meet the qualifications for appointment under this Act” immediately after the words “purposes of this Act”;
2. by deleting paragraph (b) and substituting therefor the following new paragraph –
3. the person appointed by a County Public Service Board to serve within a county as the County Director for Cooperatives or as the technical head of Cooperative affairs within the county or by any other name called, shall be deemed to be the county commissioner for cooperatives for purposes of this Act.
4. by inserting the following new paragraph immediately after paragraph

2. —
   3. the technical officers appointed to serve in the office of the Commissioner for Cooperative Development and County Director for cooperatives or the office of the technical head of cooperative affairs within the county or by any other name called shall be deemed to be technical officers in the office or the Commissioner or the County Commissioner for cooperatives for purposes of this Act and will be required to comply with the necessary academic qualification within three years. (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 165

1. in paragraph 3 by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner”
2. in paragraph 6 by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner”
3. in paragraph 7 (6) by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner”
4. in paragraph 8 (1) by deleting the words “be punished accordingly (in addition to any other punishment to which the person may be subject)” immediately after the words “is liable to” and substituting therefor the words “a fine not exceeding two hundred thousand shillings or to imprisonment in civil jail for a term not exceeding six months, or to both.”
5. in paragraph 9 (1) by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner”
6. in paragraph 11—
7. by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner” appearing in subparagraph (1) (ii) by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner” appearing in subparagraph (2)
8. in paragraph 12 –
9. by deleting the words inserting the words “This paragraph does not limit the effect of paragraph 4” immediately after the words “surrender or payment” appearing in subparagraph (5) (ii) by deleting subparagraph (6)
10. in paragraph 26 (1) by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner”
11. in paragraph 29 (1) (b) by deleting the words “of any” appearing immediately after the words “before any” (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Second Schedule (Question, that the Second Schedule be part of the Bill proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Third Schedule

1. in paragraph 8 (2) “(directly or indirectly) in a business of the Cooperative with the knowledge that it was being carried on in the manner referred to in subparagraph

1. (a), it may order those persons (or any of them)” and substituting therefor the words “directly or indirectly in a business of the Cooperative with the knowledge that it was being carried on in the manner referred to in subparagraph (1)(a), it may order those persons either jointly or severally”;
   2. in paragraph 13—
   3. by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner” appearing in subparagraph (2); (ii) by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner” appearing in subparagraph (3); (iii) by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner” appearing in the introductory clause of subparagraph (4); (iv) by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner” appearing in subparagraph
2. (b); and
   22. by inserting the words “county commissioner for cooperatives as the case may be” immediately after the words “the Commissioner” appearing in subparagraph (5). (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 2

1. in the definition of the word “agricultural produce” by deleting the word “agricultural” appearing at the beginning of the definition and substituting therefor the word “members”;
2. by deleting the definition of the word “annual delegates meeting”;
3. in the definition of the word “Commissioner” by deleting the phrase “section 5” appearing immediately after the words “under” and substituting therefor the phrase “section 8”
4. by deleting the definition of the word “County Director for Cooperatives” and substituting therefor the following new definition— “County Commissioner for Cooperatives” means the County Commissioner for Cooperatives appointed under section 11;
5. by deleting the definition of the word “primary Cooperative”;
6. by deleting the definition of the word “secondary Cooperative”;
7. by deleting the definition of the word “special delegate meeting”;

8. by inserting the following new definitions in their proper alphabetical sequence— “diaspora-based member” means a member who is a Kenyan citizen but is not resident in Kenya; “intracounty primary cooperative” means a cooperative formed by individual persons and located in one county for purposes of promoting members’ common socio- economic needs and aspirations; “intercounty primary cooperative” means a primary cooperative formed for the purposes of promoting members’ common socio-economic needs and aspirations which —
   1. was initially registered as an intracounty primary cooperative; and
   2. has additional membership of at least five hundred individual persons per county from more than two counties that are not the original county of registration of the intracounty primary cooperative; “intracounty secondary cooperative” means a cooperative whose membership is of five or more intracounty primary cooperatives; “intercounty secondary cooperative” means a cooperative whose membership is of five or more intercounty primary cooperatives; “levy” means the payment made by cooperatives under section 153; “reserve fund” means assets set aside from net surplus of a cooperative for investment in fixed assets and liquid assets, shares, supporting working capital and settlement of liabilities; “subsidiary” means any company that is wholly or partially owned by a cooperative; (Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Long Title

PROGRESS REPORTED THE COOPERATIVES BILL (NATIONAL ASSEMBLY BILLS NO.7 OF 2024)

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

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

BILL

Second Reading

THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL (SENATE BILLS NO. 46 OF 2023)

BILL

Second Reading

THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL (SENATE BILLS NO.49 OF 2023)

BILL

Second Reading

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL) (AMENDMENT) BILL (SENATE BILLS NO.1 OF 2024)

BILL

Second Reading

THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM OFFICE) PROCEDURE BILL (SENATE BILLS NO. 34 OF 2024)

BILL

Second Reading

THE STREET NAMING AND PROPERTY ADDRESSING SYSTEM BILL (SENATE BILL NO. 43 OF 2024)

MOTION

WELFARE OF INTERNS WORKING UNDER THE PUBLIC SERVICE COMMISSION

THAT, AWARE THAT, the Public Service Commission has provided internship opportunity to many youths in various government Departments and Agencies for a period not exceeding one year pursuant to Guidelines on Management of the Public Service Internship Programme of October, 2019;

APPRECIATING THAT, since its inception, the internship programme in Kenya has been instrumental in providing practical experience to graduates, enhanced employability, offered networking opportunities and has on a number of occasions led to full-time jobs to graduates;

CONCERNED THAT, internship opportunities are limited in number, skewed in distribution across government Departments and Agencies, lack clear pathway to permanent employment, have inadequate opportunities for skill development due to the short duration that they are offered and that the stipend offered to PSC interns is insufficient with an average stipend ranging from Ksh. 15,000 to Ksh. 30,000 per month which is not sustainable especially to interns

1. increase the stipend offered to interns to cushion them against the high cost of living;
2. put in place mechanisms to promote and reward innovation by interns.

MOTION

NOTING OF THE REPORT OF THE ACTIVITIES AND OPERATIONS OF SELECT COMMITTEES DURING THE THIRD SESSION (2024)

THAT, the Senate notes the Report of the Liaison Committee on the activities and operations of Select Committees during the Third Session (2024) pursuant to Standing Order 224 (2), laid on the Table of the Senate on Wednesday, 28th May,

MOTION

INSTALLATION OF CCTV CAMERAS IN ALL POLICE STATIONS, CELLS AND POLICE REPORTING DESKS

AWARE THAT Article 51 provides that a person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned;

FURTHER AWARE THAT the National taskforce on improvement of the terms and conditions of service and other reforms for members of the National Police Service and Kenya Prison Service recommended adequate Government funding for the National Police Service to modernize its facilities, equipment and gear, and enhance its logistical and technological capabilities for

1. installs functional and tamper-proof CCTV cameras in all police stations, cells and police reporting desks across the country;
2. ensures that all CCTV systems are monitored in real-time and that footage is securely stored and made accessible during investigations, judicial processes;
3. provides the necessary resources, technical support, and training to law enforcement officers for the effective operation and maintenance of CCTV systems and continuous digitization of Occurrence Book platforms.

MOTION

MAINSTREAMING GENDER PERSPECTIVES IN LEGISLATIVE AND POLICY PROCESSES

THAT AWARE THAT, Article 27 of the Constitution of Kenya guarantees the right to equality and freedom from discrimination, with Article 27(3) providing that women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres;

FURTHER AWARE that Article 27(8) obligates the State to take legislative and other measures to redress any disadvantage suffered by individuals or groups as a result of past discrimination, and to ensure that not more than two-thirds of members of elective or appointive bodies shall be of the same gender;

COGNIZANT THAT mainstreaming gender perspectives in all aspects of governance is essential to achieving inclusive development and safeguarding the

MOTION

PROMOTION OF ARTIFICIAL INTELLIGENCE AND INNOVATION POLICY IN KENYA

THAT AWARE THAT, the Fourth Industrial Revolution is redefining economies globally through emerging technologies such as Artificial Intelligence (AI), blockchain, and financial technology (Fintech);

FURTHER AWARE THAT Kenya has made commendable strides in digital infrastructure and mobile innovation, positioning itself as a potential leader in Africa’s tech-driven future;

NOTING THAT in a landmark decision, the African Union Executive Council endorsed the Continental AI Strategy during its 45th Ordinary Session in Accra, Ghana, on July 18-19, 2024 to underscore Africa’s commitment to an

ADJOURNMENT