PARLIAMENT OF KENYA

The House met at the Senate Chamber, Parliament Buildings, at 2.30 p.m.

PRAYER

PETITION

AGREEMENT BETWEEN ISIOLO COUNTY GOVERNMENT AND LIVING GOODS LIMITED

PAPERS LAID

THE SENATE CALENDAR FOR THE 2019 SESSION

The Senate Calendar (Regular Sessions) for the Year 2019 (Third Session, February to December, 2019).

REPORTS ON THE FINANCIAL STATEMENTS OF VARIOUS COUNTY FUNDS/BOARDS

Report of the Auditor-General on the Financial Statements of the County Assembly of Siaya Car Loan and Mortgage Fund for the Year ended 30 June, 2016.

Report of the Auditor-General on the Financial Statements of Makueni County Sand Conservation and Utilization Authority for the Year ended 30 June, 2016.

Report of the Auditor-General on the Financial Statements of Makueni County Sand Conservation and Utilization Authority for the Year ended 30 June, 2017.

Report of the Auditor-General on the Financial Statements of Makueni County Emergency Fund for the Year ended 30 June, 2017.

Report of the Auditor-General on the Financial Statements of the Makueni County Youth, Men, Women, Persons with Disabilities and Table- Banking Groups Empowerment Fund for the Year ended 30 June, 2017.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2005.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2006.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2007.

NOTICES OF MOTIONS

APPROVAL OF SENATORS TO SERVE IN SESSIONAL COMMITTEES

A. COMMITTEE ON COUNTY PUBLIC ACCOUNTS AND INVESTMENTS

1. Sen. Fatuma Dullo, CBS, MP;
2. Sen. Kimani Wamatangi, MP;
3. Sen. Mithika Linturi, MP;
4. Sen Kibiru Charles Reubenson
5. Sen. Omanga Millicent, MP;
6. Sen. Mohamed Faki, MP;
7. Sen. Ledama Olekina, MP;
8. Sen. Moses Kajwang’, MP; and,
9. Sen. (Prof.) Sam Ongeri, EGH, MP.

MP;

B. COMMITTEE ON DELEGATED LEGISLATION

1. Sen. Kang’ata Irungu, MP;
2. Sen. Prengei Victor, MP;
3. Sen. (CPA) Haji Farhiya Ali, MP;
4. Sen Poghisio Samuel Losuron
5. Sen. Omanga Millicent, MP;
6. Sen. Judith Pareno, MP;
7. Sen. Mutinda Kabaka, MP;
8. Sen. Okong’o Omogeni, MP; and
9. Sen. Mohamed Faki, MP.

EGH, MP;

APPROVAL OF THE SENATE CALENDAR FOR THE 2019 SESSION

THAT, pursuant to Standing Order 29 (1), this House approves the Senate Calendar (Regular Sessions) for the year 2019 (Third Session February to December, 2019), laid on the Table of the House today, Wednesday, 13th February, 2019.

I thank you.

STATEMENTS

TERRORIST ATTACK AT 14 RIVERSIDE DRIVE: DUSIT D2 COMPLEX

1. The development of a compensation structure for victims of terror attacks. For instance, up to date, victims of previous attacks have not been paid save for the assistance offered during burial.
2. Increase our border patrol and surveillance.
3. Demystify the notion that Islam is the same as terrorism and invite Muslims and Somali leaders to help in containing messages of extremism and radicalization.
4. We need to ensure that emergency drills are carried out by all institutions, including primary schools, and ensure that buildings have structural preventive mechanisms such as heavy glass doors that automatically resist access. This should not be a case where as a nation; we will have selective amnesia and bury this discussion for now. Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I was just concluding by giving the example of this young man called Mr. Emmanuel Omala, who was shot seven times while lying down. When I visited him the day before yesterday, he was very jovial with an undying spirit and very resilient. I told him that, indeed, God has a plan for his life and that is why he is still alive. The only unfortunate thing is that he had remained in hospital since then. There had been promises to deal with his hospital bill, but he had to get into an arrangement to pay Kshs3,000 a month for over 28 months. That was completely unfair and we have at least made sure that any other victim who had a hospital bill, that it must be sorted out by the Government.

Mr. Speaker, Sir, we will still be receiving a report. The security forces, this time round, were able to consult with us throughout the operation time. While representing the Committee on National Security, Defence and Foreign Relations, I sat at the command centre with the heads of our security forces together with the police, and I was able to see how swift that coordination was done.

May the Almighty Lord rest the souls of those who departed in eternal peace. Thank you.

The Senate Minority Leader (Sen. Orengo): Thank you, Mr. Speaker, Sir. Let me join those who have spoken, particularly Sen. Khaniri, who has made this Statement. This scourge of terrorism has hit Kenya many times. We sometimes forget that the first major terrorist hit happened in 1980, when the Norfolk Hotel was hit hard, and many people died. Since then, I think we have had several major terrorism incidents, particularly in Nairobi, Mombasa, Garissa and most of North Eastern.

Mr. Speaker, Sir, there is too much noise. I am unable to concentrate.

Finally, Sen. Malalah.

PROCEDURAL MOTIONS LIMITATION OF DEBATE ON MOTIONS

LIMITATION OF DEBATE ON ADJOURNMENT MOTION

LIMITATION OF DEBATE ON MOTION ON ADDRESS BY THE PRESIDENT

BILLS

First Reading

THE NATIONAL COHESION AND PEACE BUILDING BILL (SENATE BILLS NO.35 OF 2018)

THE ELECTION LAWS (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.37 OF 2018)

THE CONSTITUTION OF KENYA (AMENDMENT) BILL (SENATE BILLS NO.40 OF 2018)

THE GOVERNMENT CONTRACTS BILL (NATIONAL ASSEMBLY BILLS NO.9 OF 2018)

COMMITTEE OF THE WHOLE

IN THE COMMITTEE

THE PHYSICAL PLANNING BILL (NATIONAL ASSEMBLY BILLS NO.34 OF 2017)

The Temporary Chairperson (Sen. Nyamunga): Hon. Senators, kindly take your seats because we want to proceed with The Physical Planning Bill (National Assembly Bills No.34 of 2017). Clause 3

The Temporary Chairperson (Sen. Nyamunga): Could we have the Mover to move the amendment?

1. inserting the words “with respect to land use planning” immediately after the words “for dispute resolution” in paragraph (e); and
2. inserting the following new paragraphs immediately after paragraph (g)—
3. a robust, comprehensive and responsive system of land use planning and regulation; and
4. provide a framework to ensure that investments in property benefit local communities and their economies. (Question of the amendment proposed) Division will be at the end. Clause 4

PART II

THAT the title to PART II of the Bill be amended by deleting the word “PHYSICAL” and substituting therefor the words “LAND USE”.

So, I propose that Clause 4 be amendment as provided for in the Order Paper because all the amendments are there.

The Temporary Chairperson (Sen. Nyamunga): That is acceptable. We will go by the proposal of the Mover but should there be any Senator who needs some clarification, they can come forward or raise them while he is still on the Floor.

The Senate Minority Leader (Sen. Orengo): On a point of order, Madam Temporary Chairperson. Since we will vote at the end, it is not proper for the Chairman to just stand and propose that the Bill be amended as indicated in the Order Paper. I think some little explanation about the amendments is needed. Some of them are to bring them in line with the Act as it is today; for example, the use of the words “land use planning” as opposed to the use of the phrase “physical planning”. However, just to read through as a machine and you do not explain, would not be good.

PART II

THAT, the title to PART II of the Bill be amended by deleting the word “PHYSICAL” and substituting therefor the words “LAND USE”.

1. by deleting the word “Physical” appearing immediately after the words “established the National” in sub-clause (1) and substituting therefor the words “Land Use”. Madam Temporary Chairperson, again, this is to amend the Bill from Physical Planning Bill to Land Use Planning because of the purposes of the Bill.
2. in sub-clause (2) by-
   9. deleting the word “physical” appearing immediately after the words “matters related to” in paragraph (a) and substituting therefor the words “land use” Again, this is for the amendment of the title from “Physical Planning” to “Land Use Planning. The Bill is not just for the purposes of physical planning; it has other uses. (ii) deleting paragraph (b) and substituting therefor the following new paragraph—
      2. the Director General of land use planning; The Bill was talking of a national director. Now, we have created many directors in the Bill, particularly the ones in counties. This one now becomes the Director-General instead of just the national director. (iii)deleting paragraph (c) and substituting therefor the following new paragraph—
      3. three Governors appointed by the Council of Governors or their respective designated representatives; (iv) deleting paragraph (e);
   10. inserting the words “or a designated member of the Commission” immediately after the words “National Land Commission” in paragraph (d); This Committee had very few people. So, we were trying to enlarge it and that is the purpose of the amendment. (vi) inserting the words “or a designated principal secretary” immediately after the words “to economic planning” in paragraph (f); (vii) inserting the words “or a designated principal secretary” immediately after the words “to the environment” in paragraph (g); (viii) inserting the words “or a designated principal secretary” immediately after the words “roads and infrastructure” in paragraph (h); (ix) inserting the words “or a designated principal secretary” immediately after the words “and community development” in paragraph (i);
   11. inserting the words “or a designated principal secretary” immediately after the words “related to culture” in paragraph (j); (xi) inserting the words “or a designated principal secretary” immediately after the words “related to defence” in paragraph (k); (xii) deleting paragraph (o) and substituting therefor the following new paragraph—
       15. a person nominated by a registered association representing the largest number of entities in the private sector in Kenya; Madam Temporary Chairperson, this is for the same purpose of enlarging that body. Since there are so many amendments - and I am talking about 41 amendments - and we may take very long, I would rather go by what I had suggested; that I just say: “Be amended as contained in the Order Paper.” This is because all these amendments are in the Order Paper. The Temporary Chairpersons (Sen. Nyamunga): Hon. Senator, you can give us a general summary because I think basically the amendments are the same. Just give us a summary.

Where you need a clarification for any particular Clause, you can raise it.

1. deleting the word “Physical” appearing immediately after the words “of the National” in the introductory clause and substituting therefor the words “Land Use”;
2. deleting the word “physical” appearing immediately after the words “on the national” in paragraph (a) and substituting therefor the words “land use”;
3. deleting the word “physical” appearing immediately after the words “and integration of” in paragraph (b) and substituting therefor the words “land use”;
4. deleting the word “physical” appearing immediately after the words “and implementation of” in paragraph (c) and substituting therefor the words “land use”; and
5. deleting the word “Physical” appearing immediately after the words “of the National” in the marginal note and substituting therefor the words “Land Use”. (Question of amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 7

1. in sub-clause (1) by deleting the word “Physical” appearing immediately after the words “The National” and substituting therefor the words “Land Use”;
2. in sub-clause (2) by deleting the word “Physical” appearing immediately after the words “Act, the National” and substituting therefor the words “Land Use”;
3. in sub-clause (3) by deleting the word “Physical” appearing immediately after the words “The National” and substituting therefor the words “Land Use”; and
4. by deleting the word “Physical” appearing immediately after the word “National” in the marginal note and substituting therefor the words “Land Use”. This is the amendment of the title from physical planning to land use planning. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 8

1. in paragraph (a) by deleting the word “physical” appearing immediately after the words “national policy on” and substituting therefor the words “land use”;
2. in paragraph (b) by deleting the word “physical” appearing immediately after the words “specific aspects of” and substituting therefor the words “land use”;
3. by deleting paragraph (c) and substituting therefor the following new paragraph—
4. approval and oversight over the preparation of national land use
5. development plans;
6. by deleting paragraph (d); and
7. in paragraph (e) by inserting the words “land use” immediately after the words “county levels of”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 10

1. in sub-clause (1) by deleting the words “National Director of Physical” appearing immediately after the words “office of the” and substituting therefor the words “Director General of Land Use”;
2. in sub-clause (2) by deleting the words “National Director of Physical” appearing immediately after the word “The” and substituting therefor the words “Director General of Land Use”;
3. in sub-clause (3) by deleting words “National Director of Physical” appearing immediately after the word “The” and substituting therefor the words “Director General of Land Use”; and
4. by deleting the marginal note and substituting therefor the following new marginal note — Director General of Land Use Planning. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 11

1. in the introductory clause by deleting the words “National Director of Physical” appearing immediately after the words “appointment as the” and substituting therefor the words “Director General of Land Use”;
2. in paragraph (b) by deleting word “bachelor’s” appearing immediately after the words “holds a” and substituting therefore the word “master’s”;
3. by deleting paragraph (c) and substituting therefore the following new paragraph—
   3. is registered as a professional planner and is in good standing with the relevant professional body;
4. by deleting paragraph (d) and substituting therefor the following new paragraph—
   4. has the relevant post-qualification professional experience in land use planning; and
5. by deleting the marginal note and substituting therefor the following new marginal note — Qualifications of the Director General of Land Use Planning. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 12

1. in the introductory clause by deleting the words “National Director of Physical” appearing immediately after the word “The” and substituting therefore the words “Director General of Land Use”;
2. in paragraph (a) by —
   9. deleting the word “physical” appearing immediately after the words “government on strategic” and substituting therefor the words “land use”; and (ii) deleting the word “on” appearing immediately after the words “matters that impact”;
3. in paragraph (b) by deleting the word “physical” appearing immediately after the words “formulating national” and substituting therefor the words “land use”;
4. in paragraph (c) by deleting the word “physical” appearing immediately after the words “preparation of national” and substituting therefor the words “land use”;
5. in paragraph (d) by deleting the word “physical” appearing immediately after the words “preparation of inter-county” and substituting therefor the words “land use”;
6. by inserting the following new paragraphs immediately after paragraph (e) —
7. undertaking research related to land use planning and development and making appropriate recommendations to relevant bodies; and (g) the preparation of development plans for strategic national installations and projects; and
8. by deleting the marginal note and substituting therefor the following new marginal note — Responsibilities of the Director General of Land Use Planning. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 13

1. in the introductory clause by deleting the words “responsible for physical planning” appearing immediately after the words “executive committee member”;
2. in paragraph (a) by deleting the word “physical” appearing immediately after the words “county policy on” and substituting therefor the words “land use”;
3. by deleting paragraph (b);
4. in paragraph (c) by deleting the word “physical” appearing immediately after the words “integration of county” and substituting therefor the words “land use”;
5. by deleting the marginal note and substituting therefor the following new marginal note — Responsibilities of the County Executive Committee Member. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 14

1. in sub-clause (1) by deleting the word “Physical” appearing immediately after the words “County Director of” and substituting therefor the words “Land Use”;
2. by deleting sub-clause (2) and substituting therefor the following new Sub-clause— (2) The County Director of Land Use Planning shall advise and be responsible to the county executive committee member.
3. by deleting the marginal note and substituting therefor the following new marginal note — County Director of Land Use Planning. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Hon. Senator, I think we just need to make a small correction. You should say I beg to move, not I propose. Clause 15

1. in the introductory clause by deleting the word “Physical” appearing immediately after the words “County Director of” and substituting therefor the words “Land Use”;
2. by deleting paragraph (c) and substituting therefor the following new paragraph— (c) is registered as a professional planner and is in good standing with the relevant professional body;
3. by deleting paragraph (d) and substituting therefor the following new paragraph—
4. has the relevant post-qualification professional experience in land use planning; and

4. by deleting the marginal note and substituting therefor the following new marginal note — Qualifications of a County Director of Land Use Planning. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 16

1. in the introductory clause by deleting the word “Physical” appearing immediately after the words “County Director of” and substituting therefor the words “Land Use”;
2. by deleting paragraph (a) and substituting therefor the following new paragraph — (a) advising the county government on land use planning matters that impact the county; deleting the word “physical” appearing immediately after the words “County Government on” and substituting therefore the words “land use”; and deleting the words “on the whole Country” appearing immediately after the words “matters that impact” and substituting therefore the words “the county”;
3. in paragraph (b) by deleting the word “physical” appearing immediately after the words “formulating county” and substituting therefor the words “land use”;
4. in paragraph (c) by deleting the word “physical” appearing immediately after the words “preparation of county” and substituting therefor the words “land use”;
5. in paragraph (d) by deleting the word “physical” appearing immediately after the words “preparation of local” and substituting therefor the words “land use”;
6. in paragraph (e) by deleting the word “physical” appearing immediately after the words “preparation of inter-county” and substituting therefor the words “land use”;
7. in paragraph (f) by deleting the word “physical” appearing immediately after the words “matters relating to” and substituting therefor the words “land use”;
8. by inserting the following new paragraphs immediately after paragraph
   7. — (h) maintaining a land information system to guide land use planning; (i) communicating decisions of the county government on development applications; and (j) issuance of development permission and other development control instruments under this Act with the approval of the County Executive Committee member (CEC) responsible for land use planning;
9. by deleting the marginal note and substituting therefor the following new marginal note — Responsibilities of a County Director of Land Use Planning. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 17

1. by deleting sub-clause (1) and substituting therefor the following new Sub-clause—
   1. The Cabinet Secretary
2. in sub-clause (2) by deleting the word “Physical” appearing
3. by deleting the marginal note and substituting therefore the shall cause the National Land

1. by deleting subclause (1) and substituting therefor the following new subclause—
   1. The National Land Use Development Plan shall define strategic policies for the determination of the general direction and trends of land use development and sectoral development in Kenya and provide a framework for the use and development of land.
2. in subclause (2) by—
   9. deleting the word “Physical” appearing immediately after the words “The National” in the introductory clause and substituting therefor the words “Land Use”; (ii) deleting the word “physical” appearing immediately after the words “formulation of national” in paragraph (e) and substituting therefor the words “land use”; and
3. by deleting the marginal note and substituting therefor the following new marginal note— Purpose and objects of the National Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 19

1. in subclause (1) by—
2. deleting the in the introductory clause and substituting therefor the following new introductory clause—
   1. In preparing a National Land Use Development Plan, the Director General of Land Use Planning shall—; (ii) deleting the words “National Director of Physical” appearing immediately after the words “Development Plan the” in the introductory clause and substituting therefor the words “Director General of Land Use”; (iii) deleting paragraph (d) and substituting therefor the following new paragraph—
   2. consult the National Land Use Planning Consultative Forum prior to the initiation of the National Land Use Development Plan and submit the proposed plan to the National Land Use Planning Consultative Forum for consideration and input before its final approval;
3. in subclause (2) by—
   9. deleting the word “Physical” appearing immediately after the words “consult the National” and substituting therefor the words “Land Use”; (ii) deleting the word “Physical” appearing immediately after the words “prepare a National” and substituting therefor the words “Land Use”; and
4. by deleting subclause (3) and substituting therefor the following new subclause—
   1. A notice published in accordance with this section shall state the objectives of National Land Use Development Plan, the purpose of the National Land Use Development Plan, the information to be set out in the plan, and the places where members of the public may provide written comments on the National Land Use Development Plan;
5. by deleting the marginal note and substituting therefor the following new marginal note— Procedure for preparation of the National Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 20

1. in subclause (1) by—
   9. deleting the word “Physical” appearing immediately after the words “a National” in the introductory clause and substituting therefor the words “Land Use”; (ii) deleting the word “Physical” appearing immediately after the words “the state of” in paragraph (b)(i) and substituting therefor the words “land use”; (iii) deleting the word “physical” appearing immediately after the words “and reports concerning” in paragraph (b)(ii) and substituting therefor the words “land use”; (iii) deleting the word “physical” appearing immediately after the words “challenges relating to” in paragraph (c) and substituting therefor the words “land use”;
2. in subclause (2) by deleting the words “National Director of Physical” appearing immediately after the word “The” and substituting therefor the words “Director General of Land Use”;
3. in subclause (3) by deleting the word “Physical” appearing immediately after the words “of the National” and substituting therefor the words “Land Use”;
4. in subclause (4) by deleting the word “Physical” appearing immediately after the words “which a National” and substituting therefor the words “Land Use”; and
5. by deleting the marginal note and substituting therefor the following new marginal note— Content of National Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 21

1. by deleting subclause (1) and substituting therefor the following new subclause—
   1. Within thirty days of the preparation of the National Land Use Development Plan, the Cabinet Secretary shall publish a notice in the Gazette, in at least two newspapers of national circulation and through electronic media informing the public that the draft National Land Use Development Plan is available at the place and time specified in the notice for inspection and that any interested person may, within fourteen days, comment on the content of the draft National Land Use Development Plan.
2. by deleting subclause (2) and substituting therefor the following new subclause—
   1. The Cabinet Secretary
3. , consider the comments made on the National Land Use Development Plan
4. by inserting the following new subclause immediately after subclause
5. —
6. by inserting the words “within fourteen days of the publication of the
7. by deleting the marginal note and substituting therefor the following new shall, within twenty one days of the expiry of the

1. in subclause (1) by deleting the words “Physical Development Plan to the National Physical” appearing immediately after the words “the draft National” and substituting therefor the words “Land Use Development Plan to the National Land Use”;
2. in subclause (2) by deleting the word “Physical” appearing immediately after the word “The National” and substituting therefor the words “Land Use”;
3. in subclause (3) deleting the word “Physical” appearing immediately after the words “by the National” and substituting therefor the words “Land Use”; and
4. in subclause (5) deleting the word “Physical” appearing immediately after the words “of the National” and substituting therefor the words “Land Use”;
5. deleting the marginal note and substituting therefor the following new marginal note — Approval of the National Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 23

1. deleting subclause (1) and substituting therefor the following new subclause—
   1. Planning authorities shall base the preparation of inter-county land use development plans, integrated county land use development plans, city land use development plans, urban area land use development plans and sectoral plans on the National Land Use Development Plan.
2. deleting subclause (2) and substituting therefor the following new subclause—
   1. Notwithstanding the lack of a National Land Use Development Plan, planning authorities at the county level shall prepare County and Local Land Use Development Plans.
3. deleting the marginal note and substituting therefor the following new marginal note— Implementation of a National Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 24

1. in subclause (1) by deleting subclause (1) and substituting therefor the following new subclause—
2. At least three months before the end of the financial year, each public institution of a government that is responsible for the application or the implementation of a National Land Use Development Plan shall prepare and submit a status report on the implementation of the National Land Use Development Plan to the Cabinet Secretary or the county executive committee member and the Commission for their purposes.
3. in subclause (2) by inserting the word “be” immediately after the words “this section shall”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 25

1. (1) Two or more counties may, by mutual agreement or out of compelling necessity, formulate an inter-county land use development plan.
   1. In the preparation of a inter-county land use development plan, the counties shall form an inter- county land use planning joint committee.
   2. The inter-county land use planning joint committee shall consist of—
      1. the county executive committee member of the respective counties;
      2. two other relevant county executive committee members from the respective counties nominated by the relevant county governor; and
      3. the Director General of Land Use Planning who shall be an ex-officio member of the Committee;.
   3. The inter-county joint land use planning joint committee may co-opt such other persons as may be necessary to assist it in performance of its duties.
   4. The members of the inter-county joint land use planning joint committee appointed under subsection (3)(a) and (b) shall, during the first meeting of the Committee, elect from amongst themselves a chairperson and a vice chairperson provided that the chairperson and the vice chairperson shall not be county executive committee members from the same county.
   5. The Director General
   6. The Director General
   of Land Use Planning of Land Use Planning

1. in the introductory clause by deleting the word “Physical” appearing immediately after the words “An Inter- County” and substituting therefor the words “Land Use”; and
2. by deleting the marginal note and substituting therefor the following new marginal note— Scope of the Inter-County Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 27

1. in subclause (1) by deleting the words “Physical Planning Joint Committee preparing an Inter-County Physical” appearing immediately after the words “The Inter-County” and substituting therefor the words “Land Use Planning Joint Committee preparing an Inter-County Land Use”; and
2. in subclause (2) by deleting the word “Physical” appearing immediately after the words “of the Inter-County” and substituting therefor the words “Land Use”;
3. in subclause (3) by deleting the word “Physical” appearing immediately after the words “complete the Inter-County” and substituting therefor the words “Land Use”;
4. in subclause (4) by deleting the word “Physical” appearing immediately after the words “of the Inter-County” and substituting therefor the words “Land Use”; and
5. by deleting the marginal note and substituting therefor the following new marginal note— Commencement of Inter-County Land Use Planning Process. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 28

1. deleting subclause (1) and substituting therefor the following new subclause—
   1. Within thirty days of the completion of an Inter-County Physical Development Plan, the Inter-County Physical Planning Joint Committee shall publish a notice in the Gazette and in at least two newspapers of national circulation informing the public that the plan is available at the place and time specified in the notice for inspection and that any interested person may, within fourteen days, comment on the content of the plan.
2. deleting subclause (1) and substituting therefor the following new subclause—
   1. The Inter-County Land Use Planning Joint Committee shall, within twenty one days of the expiry of the period for making comments under subsection (1), consider the comments made about the plan and may or may not incorporate the comments in the plan.
3. inserting the following new subclause immediately after subclause (2)— (2A) Within seven days of making a decision under subclause (2), the Inter-County Physical Planning Joint Committee shall publish a notice in the Gazette and in at least two newspapers of national circulation informing the public that a decision on the comments received by the joint committee has been made and that the reviewed draft Inter-County Physical Development Plan is available for perusal at the place and time specified in the notice.
4. deleting subclause (3);
5. deleting subclause (4); and
6. deleting the marginal note and substituting therefor the following new marginal note— Notice of and objections to an Inter-County Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 29

1. in subclause (1) by—
   9. deleting the word “physical” appearing immediately after the words “in the Inter-County” and substituting therefor the words “land use”; and (ii) deleting the words “and thereafter submit the same to the National Director of Physical Planning for processing and certification” appearing immediately after the words “Assemblies for approval”;
2. by deleting subclause (2) and substituting therefor the following new subclause—
   1. Within thirty days of the completion of an Inter- County Land Use Development Plan or if comments on the plan have been heard and determined, the Inter-County Physical Planning Joint Committee shall publish a notice in the Gazette and in at least two newspapers of national circulation informing the public that the Inter-County Physical Development Plan is available for perusal at the place and time specified in the notice.
3. in subclause (3) by—
   9. deleting the word “Physical” appearing immediately after the words “Before the Inter-County” and substituting therefor the words “Land Use”; and (ii) deleting the word “Physical” appearing immediately after the words “by the Inter-County” and substituting therefor the words “Land Use”;
4. by deleting subclause (4) and substituting therefor the following new subclause—
   1. The approved Inter-County Land Use Development Plan shall be deposited with the relevant County Director of Land Use Planning who shall submit certified copies of the plan to the Director General of Land Use Planning and the National Land Commission.
5. by deleting the marginal note and substituting therefor the following new marginal note— Approval of an Inter-County Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 30

1. (1) In addition to the National Land Use Development Plan, the Inter-County Land Use Development Plan shall inform the preparation of a county land use development plan, a local land use development plan or an urban area land use development plan for the county governments within the planning area covered by the Inter- County Land Use Development Plan.
   1. Where a National Land Use Development Plan and an Inter-County Land Use Development Plan have not been prepared or approved, a county government may prepare other land use development plans which will be incorporated into the National Land Use Development Plan or the relevant Inter-County Land Use Development Plan after they have been prepared and approved in accordance with this Act. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 31

1. in subclause (1) by deleting the word “physical” appearing immediately after the words “ten years a” and substituting therefor the words “land use”;
2. by deleting subclause (2) and substituting therefor the following new subclause—
   1. Each county land use development plan shall be in conformity with the National Land Use Development Plan and any relevant Inter-County Land Use Development Plan.
3. in subclause (3) by—
   9. deleting the words “in charge of physical planning” appearing immediately after the words “executive committee member”; and (ii) deleting the word “physical” appearing immediately after the words “ensure the county” and substituting therefor the words “land use”;
4. by deleting subclause (4); and
5. by deleting the marginal note and substituting therefor the following new marginal note— County Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 33

9. in the introductory clause by deleting the word “physical” appearing immediately after the words “of a county” and substituting therefor the words “land use”; (ii) in paragraph (a) by deleting the word “physical” appearing immediately after the words “provide an overall” and substituting therefor the words “land use”; and (iii) by deleting the marginal note and substituting therefor the following new marginal note— Purpose and objects of a county land use development plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 34

1. by deleting subclause (2) and substituting therefor the following new subclause—
   1. At least twenty-one days before commencing the preparation of a county land use development plan, the county executive committee member shall publish a notice in the Gazette and the notice shall include the intention to prepare a county land use development plan, the objects of the plan and the matters to be considered in the plan and the address to which any views on the plan may be sent.
2. in subsclause (3) by deleting the word “physical” appearing immediately after the words “of the county” and substituting therefor the words “land use”;
3. by deleting the marginal note and substituting therefor the following new marginal note— Notice of intention to prepare a county land use development plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 35

9. in the introductory clause by deleting the word “physical” appearing immediately after the words “A county” and substituting therefor the words “land use”; (ii) by deleting the marginal note and substituting therefor the following new marginal note— Contents of a county land use development plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 36

1. in subclause (1) by—
   9. deleting the word “physical” appearing immediately after the words “of a county” and substituting therefor the words “land use”; and (ii) deleting the word “physical” appearing immediately after the words “the draft county” and substituting therefor the words “land use”;
2. in subclause (2) by deleting the words “in charge of physical planning” appearing immediately after the words “executive committee member”;
3. in subclause (3) by—
   9. deleting the words “in charge of physical planning” appearing immediately after the words “executive committee member”; and (ii) deleting the word “physical” appearing immediately after the words “the draft county” and substituting therefor the words “land use”;
4. in subclause (4) by—
   9. deleting the word “physical” appearing immediately after the words “concerning the county” and substituting therefor the words “land use”; and (ii) deleting the word “physical” appearing immediately after the words “to the county” and substituting therefor the words “land use”;
5. in subclause (5) by deleting the word “physical” appearing immediately after the words “(4) the county” and substituting therefor the words “land use”;
6. in subclause (6) by deleting the word “physical” appearing immediately after the words “by the county” and substituting therefor the words “land use”;
7. in subclause (7) by deleting the word “Physical” appearing immediately after the words “of the County” and substituting therefor the words “Land Use”; and
8. by deleting the marginal note and substituting therefor the following new marginal note— Public participation in the preparation of a county land use development plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 37

1. (1) If there are no applications for the review of a county land use development plan or if all applications for review have been heard and determined, the county executive committee member shall submit the draft county land use development plan to the County Land Use Planning Consultative Forum for comments.

1. The County Land Use
1. Upon incorporation of the proposed changes by the
2. On the approval of the county land use development
1. A county land use development plan shall be the basis

Planning Consultative Forum

1. in subclause (1) by—
   9. deleting the words “in charge of spatial planning” appearing immediately after the words “executive committee member” in the introductory clause; (ii) deleting the word “physical” appearing immediately after the words “of a county” in the introductory clause and substituting therefor the words “land use”; (iii) deleting the word “physical” appearing immediately after the words “of that county” in paragraph (a) and substituting therefor the words “land use”; and (iv) deleting the word “physical” appearing immediately after the words “since the county” in paragraph (b) and substituting therefor the words “land use”;
2. in subclause (2) by—
   9. deleting the words “in charge of physical planning” appearing immediately after the words “Executive Committee member”; and (ii) deleting the word “physical” appearing immediately after the words “to the county” and substituting therefor the words “land use”;
3. in subclause (3) by—
   9. deleting the word “physical” appearing immediately after the words “amending a county” in the introductory clause and substituting therefor the words “land use”; and (ii) deleting paragraph (c) and substituting therefor the following new paragraph—
      3. be in conformity with the National Land Use Development Plan and all relevant Inter-County Land Use Development Plans;
4. by deleting subclause (4) and substituting therefor the following new subclause—
   1. Where a county executive committee member determines that a proposed amendment to the county land use development plan shall affect other counties, the county executive committee member shall consult the county executive committee members in the counties that are likely to be affected and shall take into account their comments before incorporating the amendment to the county land use development plan.
5. in subclause (5) by deleting the word “physical” appearing immediately after the words “amending a county” and substituting therefor the words “land use”;
6. in subclause (6) by deleting the word “physical” appearing immediately after the words “The amended county” and substituting therefor the words “land use”;
7. in subclause (7) by deleting the word “physical” appearing immediately after the words “to the County” and substituting therefor the words “Land Use”; and
8. by deleting the marginal note and substituting therefor the following new marginal note— Modification of a County Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 39

1. in subclause (1) by—
   9. deleting the words “in charge of physical planning” appearing immediately after the words “executive committee member”; and (ii) deleting the word “physical” appearing immediately after the words “revising a county” and substituting therefor the words “land use”;
2. in subclause (2) by deleting the word “physical” appearing immediately after the words “of a county” and substituting therefor the words “land use”; and
3. by deleting the marginal note and substituting therefor the following new marginal note— Revision of a county land use development plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 40

1. deleting the word “Physical” appearing immediately after the words “and the County” and substituting therefor the words “Land Use”; and
2. deleting the marginal note and substituting therefor the following new marginal note— Contents of the National, Inter-County and County Land Use Development Plans. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 41

1. in subclause (1) by deleting the word “physical” appearing immediately after the words “prepare a local” and substituting therefor the words “land use”;
2. in subclause (2) by deleting the words “physical development plan may be for long-term physical development, short-term physical” appearing immediately after the words “A local” and substituting therefor the words “land use physical development plan may be for long-term land use development, short-term land use”.
3. by deleting subclause (3) and substituting therefor the following new subclause—
   1. A local land use development plan shall be consistent with an Integrated City or Urban Development Plan formulated under Part V of the Urban Areas and Cities Act.
      9. deleting the words “physical development plan shall be consistent with” appearing immediately after the words “A local” in the introductory phrase and substituting therefor the words “land use development plan shall not cover an area covered by”; and (ii) deleting the words “as contemplated” appearing immediately after the words “Urban Development Plan” and substituting therefor the word “formulated”; and
4. by deleting the marginal note and substituting therefor the following new marginal note— Local Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 42

1. in the introductory clause by deleting the word “physical” appearing immediately after the words “prepare a local” and substituting therefor the words “land use”;
2. by deleting paragraph (e); and
3. by deleting the marginal note and substituting therefor the following new marginal note— Purpose of a Local Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 43

1. deleting the words “in charge of physical planning” appearing immediately after the words “executive committee member”; and
2. deleting the marginal note and substituting therefor the following new marginal note— Initiation and preparation of a local land use development plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 44

1. in subclause (1) by deleting the word “physical” appearing immediately after the words “A local” and substituting therefor the words “land use”;
2. in subclause (2) by deleting the word “physical” appearing immediately after the words “in a local” and substituting therefor the words “land use”; and
3. by deleting the marginal note and substituting therefor the following new marginal note— Contents of a Local Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 45

1. in subclause (1) by deleting the word “physical” appearing immediately after the words “of a local” and substituting therefor the words “land use”;
2. in subclause (2) by—
   9. deleting the word “physical” appearing immediately after the words “to the county” and substituting therefor the words “land use”; and (ii) deleting the word “physical” appearing immediately after the words “committee concerning county” and substituting therefor the words “land use”;
3. in subclause (3) by—
   9. deleting the word “physical” appearing immediately after the words “of a local” and substituting therefor the words “land use”; and (ii) deleting the word “physical” appearing immediately after the words “of a local” and substituting therefor the words “land use”; and
4. by deleting the marginal note and substituting therefor the following new marginal note— Local Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 46

1. deleting the words “in charge of physical planning” appearing immediately after the words “executive committee member”;
2. deleting the word “physical” appearing immediately after the words “of a local” and substituting therefor the words “land use”; and
3. deleting the marginal note and substituting therefor the following new marginal note— Approval of local land use development plans. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 47

1. in subclause (1) by deleting the introductory clause and substituting therefor the following new introductory clause—
2. A county executive committee member may amend or revise a local land use development plan where—
3. in subclause (2) by—
   9. deleting the words “in charge of physical planning” appearing immediately after the words “executive committee member”; and (ii) deleting the word “physical” appearing immediately after the words “revise a local” and substituting therefor the words “land use”;
4. in subclause (3) by—
   9. deleting the words “in charge of physical planning” appearing immediately after the words “Executive Committee member”; and (ii) deleting the word “physical” appearing immediately after the words “of a local” and substituting therefor the words “land use”; and
5. by deleting the marginal note and substituting therefor the following new marginal note — Amendment or revision of a local land use development plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 48

1. in subclause (1) by—
2. deleting the word “Physical” appearing immediately after the words “or the National” in the introductory clause and substituting therefor the words “Land Use”; and (ii) deleting the word “and” appearing immediately after the words “has unique development” and substituting therefor the words “natural resource or”;
3. in subclause (2) by deleting the word “physical” appearing immediately after the words “area until a” and substituting therefor the words “land use”;
4. in subclause (6) by deleting the word “physical” appearing immediately after the word “A” and substituting therefor the words “land use”; and
5. by deleting the marginal note and substituting therefor the following new marginal note— Local Land Use Development Plan. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. (Consultations) Clause 49 The Temporary Chairperson (Sen. Nyamunga): This Clause has no amendment.

The Division will be at the end. Let us go to the next clause. Clause 50

1. deleting the word “physical development” appearing immediately after the words “to ensure orderly” in paragraph (a) and substituting therefor the words “development of land”;
2. deleting the word “physical” appearing immediately after the words “implementation of approved” in paragraph (c) and substituting therefor the words “land use”; and
3. deleting the word “physical” appearing immediately after the words “public participation in” in paragraph (f) and substituting therefor the words “land use”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 51

1. deleting the words “the planning authorities” appearing immediately after the words “Governments Act 2012” in the introductory clause and substituting therefor the words “county governments”;
2. deleting the word “physical” appearing immediately after the words “implementation of approved” in paragraph (d) and substituting therefor the words “land use”; and
3. deleting the word “physical” appearing immediately after the words “with the approved” in paragraph (f) and substituting therefor the words “land use”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 52

1. by deleting subclause (1) and substituting therefor the following new subclause—
2. A person shall not carry out development within a county without a development permission granted by the respective county executive committee member.
3. in subclause (3) by deleting the words “The planning authority” appearing in the introductory phrase and substituting therefor the words “A county executive committee member”;
4. in subclause (4) by—
5. deleting the words “planning authority” appearing immediately after the words “sub-section (3) the” and substituting therefor the words “relevant county executive committee member”; and (ii) deleting the word “may” appearing immediately after the words “as required and” and substituting therefor the word “shall”; and
6. in subclause (5) by deleting the words “The planning authority” appearing in the introductory phrase and substituting therefor the words “A county executive committee member”; and
7. in subclause (6) by deleting the words “The planning authority” appearing in the introductory phrase and substituting therefor the words “A county executive committee member”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 53

1. in subclause (1) by—
   9. deleting the words “a planning authority” appearing immediately after the words “development permission from” and substituting therefor the words “the respective county executive committee member”; and (ii) deleting the words “planning authority” appearing immediately after the words “permission from that” and substituting therefor the words “county executive committee member”;
2. in subclause (2) by deleting the words “planning authority” appearing immediately after the words “required by the” and substituting therefor the words “respective county executive committee member”;
3. in subclause (4) by deleting the words “planning authority” appearing immediately after the words “consent to the” and substituting therefor the words “respective county executive committee member”;
4. in subclause (5) by deleting the words “planning authorities” appearing immediately after the words “permission granted by” and substituting therefor the words “a county executive committee member”;
5. in subclause (8) by deleting the words “planning authorities” appearing Immediately after the words “to the relevant” and the words “county executive committee member”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 54

1. by deleting the words “planning authority” appearing immediately after the words “provided to the” in subclause (1) and substituting therefor the words “respective county executive committee member”;
2. in subclause (2) by—
   9. deleting the words “the planning authority” appearing immediately after the words “do so by” and substituting therefor the words “a county executive committee member”; and (ii) deleting the words “planning authority” appearing immediately after the words “provided to the” and substituting therefor the words “county executive committee member”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 55

1. in subclause (1) by—
2. deleting the words “a county government” appearing immediately after the words “for development permission,” and substituting therefor the words “the county executive committee member”; and (ii) inserting the following new paragraph immediately after paragraph (f)— (fa) urban development;
3. by deleting subclause (2) and substituting therefor the following new subclause—
4. Within fourteen days of receiving the copy of the application for development permission from a county executive committee member, the relevant authorities or agencies shall submit their comments to the respective county executive committee member within twenty one days. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 56

1. in subclause (1) by—
   9. deleting the words “planning authority” appearing immediately after the words “development permission a” in the introductory clause and substituting therefor the words “county executive committee member”; and (ii) deleting the word “physical development plan” appearing immediately after the words “the relevant approved” in paragraph
2. and substituting therefor the words “national, county, local, city, urban, town and special area plans”;
3. in subclause (2) by deleting the words “planning authority” appearing immediately after the words “for development permission” and substituting therefor the words “county executive committee member”;
4. in subclause (3) by—
   9. deleting the words “the planning authority” appearing immediately after the words “the decision of” and substituting therefor the words “a county executive committee member”; and (ii) deleting the word “authority” appearing immediately after the words “decision by the” and substituting therefor the word “county executive committee member”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 57

1. by deleting the words “A planning authority” appearing in the introductory phrase in subclause (1) and substituting therefor the words “Each county executive committee member”;
2. by deleting the words “A planning authority” appearing in the introductory phrase in subclause (2) and substituting therefor the words “Each county executive committee member”;
3. in subclause (3) by—
   9. deleting the words “the planning authority” appearing immediately after the words “register maintained by” and substituting therefor the words “a county executive committee member”; and (ii) deleting the words “planning authority” appearing immediately after the words “scrutiny and the” and substituting therefor the words “Cabinet Secretary”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 58

1. by deleting the words “planning authority” appearing immediately after the word “A” in the introductory phrase in subclause (1) and substituting therefor the words “county executive committee member”;and
2. by deleting the words “the planning authority” appearing immediately after the words “for development permission” in subclause (3) and substituting therefor the words “a county executive committee member”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 59

1. in subclause (2) by—
   9. deleting the words “the planning authority” appearing immediately after the words “despite sub-section (1)” and substituting therefor the words “a county executive committee member”; and (ii) deleting the words “planning authority” appearing immediately after the words “year if the” and substituting therefor the words “county executive committee member”;
2. in subclause (3) by deleting the words “the planning authority” appearing immediately after the word “Where” and substituting therefor the words “a county executive committee member”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 60

9. deleting the words “planning authority” appearing immediately after the words “imposed by a” in paragraph (a) and substituting therefor the words “county executive committee member”; (ii) deleting the words “planning authority” appearing immediately after the words “approved by the” in paragraph (b)(iii) and substituting therefor the words “county executive committee member”; (iii) deleting the words “planning authority” appearing immediately after the words “apply to the” in paragraph (c) and substituting therefor the words “county executive committee member”; and (iv) inserting the following new subclauses immediately after subclause (1) — (1A) A county government may require a person who commences, undertakes or carries out a development in contravention of this section to restore the land on which the development is taking place to its original condition or as near to its original condition as is possible and that such restoration shall take place within ninety days. (1B) Where a person who is required to do so fails to comply with the provisions of paragraph (d), the relevant county government may undertake to restore the land as required and shall recover the cost of the restoration from the person required to undertake the restoration. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. There is a further amendment to the Clause. Proceed, Mover. (Consultations) Sen. Mwangi, just a minute; that amendment was raised by Sen. Seneta. (Consultations) We have considered the first amendment on Clause 62 and now we are considering the second one.

1. in sub-clause (1) by inserting the following new paragraph immediately after paragraph (b) –
   3. being a public officer, grants development permission or comments on an application for development permission contrary to this Act or any other law.
2. deleting sub-clause (2) and substituting therefor the following new sub-clause –
   1. A person who commits an offence under this section is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding five years or to both. (Consultations) (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 63

1. in subclause (1)—
   9. by deleting the words “planning authority” appearing immediately after the word “A” in the introductory phrase and substituting therefor the words “county executive committee member”; and (ii) by deleting the word “physical” appearing immediately after the words “by the relevant” and substituting therefor the words “landuse”; and
2. in subclause (2) by deleting the words “planning authority” appearing immediately after the words “obtained by a” and substituting therefor the words “county executive committee member”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 64

The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 66

1. in subclause (1) by deleting the word “the” appearing immediately after the words “Heritage Act 2006” and substituting therefor the word “a”; and
2. in subclause (2) by deleting the word “physical” appearing immediately after the word “All” and substituting therefor the words “land use”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 67

1. in subclause (1) by—
   9. deleting the introductory clause and substituting therefor the following new introductory clause—
   10. A county executive committee member shall serve the owner, occupier, agent or developer of property or land with an enforcement notice if it comes to the notice of that county executive committee member that— (ii) deleting the words “without development permission” appearing immediately after the words “on any land” in paragraph (a);
2. in subclause (3) by deleting the word “Physical” appearing immediately after the words “the relevant County” and substituting therefor the words “Land Use”; and
3. in subclause (4) by deleting the word “physical” appearing immediately after the words “of the county” and substituting therefor the words “land use”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Let us go to the next clause. Clause 68

1. deleting the word “Physical” appearing immediately after the words “established the National” and substituting therefor the words “Land Use”; and
2. deleting the marginal note and substituting therefor the following new marginal note: Establishment of the National Land Use Planning Liaison Committee. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end Clause 69

1. in sub-clause (1) by—
2. deleting the word “Physical” appearing immediately after the words “The National” in the introductory Clause and substituting therefor the words “Land Use”; (ii) inserting the following new paragraph immediately after paragraph (f)— (fa) the National Director of Urban Development; (iii) deleting the words “a representative” appearing in paragraph (g) and substituting therefor the words “two representatives”; (iv) deleting paragraph (h) and substituting therefore the following new paragraph:
3. a person nominated by a registered association representing the largest number of entities in the private sector in Kenya and appointed by the Cabinet Secretary;
4. deleting the words “an association of architects in” appearing immediately after the words “architect nominated by” in paragraph (i) and substituting therefor the words “the Architectural Association of”; and (vi) deleting the word “physical” appearing immediately after the words “a registered” in paragraph (j);
5. in sub-clause (3) by deleting the word “Physical” appearing immediately after the words “of the National” and substituting therefor the words “Land Use”;
6. in sub-clause (5) by deleting the word “Physical” appearing immediately after the words “The National” and substituting therefor the words “Land Use”;
7. in sub-clause (6) by—
   9. deleting the word “Physical” appearing immediately after the words “members of the National” and substituting therefor the words “Land Use”; and (ii) deleting the word “Physical” appearing immediately after the words “quorum of the National” and substituting therefor the words “Land Use”; and
8. by deleting the marginal note and substituting therefor the following new marginal note: Composition of National Land Use Planning Liaison Committee. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end Clause 70

1. in sub-clause (1) by—
2. deleting the word “Physical” appearing immediately after the words “The National” in the introductory Clause and substituting therefor the words “Land Use”; and (ii) deleting the word “physical” appearing immediately after the words “Secretary on broad” in paragraph (a) and substituting therefor the words “land use”;
3. in sub-clause (2) by:
4. deleting the word “Physical” appearing immediately after the words “The National” in the introductory Clause and substituting therefor the words “Land Use”; and (ii) deleting the word “physical” appearing immediately after the words “national or inter-county” in paragraph (c) and substituting therefor the words “land use”; and
5. deleting the marginal note and substituting therefor the following new marginal note: Functions of the National Land Use Planning Liaison Committee. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end Clause 71

9. deleting the word “Physical” appearing immediately after the words “established a County” and substituting therefor the words “Land Use”; and (ii) deleting the marginal note and substituting therefor the following new marginal note: Establishment of County Land Use Planning Liaison Committees. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end Clause 72

1. in sub-clause (1) by—
2. deleting the word “Physical” appearing immediately after the words “The County” in the introductory Clause and substituting therefor the words “Land Use”; (ii) deleting the words “in charge of physical planning” appearing immediately after the words “Executive Committee member” in paragraph
3. ; (iii) inserting the following new paragraph immediately after paragraph (b)— (ba) a representative of the National Construction Authority; (iv) deleting the words “in charge of physical planning” appearing immediately after the words “Executive Committee member” in paragraph
4. ;
5. deleting the words “in charge of physical planning” appearing immediately after the words “Executive Committee member” in paragraph (ac); (vi) deleting paragraph (d) and substituting therefore the following new paragraph:
6. a registered architect with seven years’ post-qualification experience nominated by the Architectural Association of Kenya and appointed by the County Executive Committee member; (vii) deleting the words “in charge of physical planning” appearing immediately after the words “Executive Committee member” in paragraph
7. ; and (viii) deleting the words “in charge of physical planning” appearing immediately after the words “Executive Committee member” in paragraph
8. ;
9. in sub-clause (2) by deleting the word “physical” appearing immediately after the words “The county” and substituting therefor the words “land use”;
10. in sub-clause (3) by deleting the words “in charge of physical planning” appearing immediately after the words “Executive Committee member”;
11. in sub-clause (4) by deleting the word “Physical” appearing immediately after the words “of the County” and substituting therefor the words “Land Use”; and
12. by deleting the marginal note and substituting therefor the following new marginal note: Composition of the County Land Use Planning Liaison Committee. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end Clause 73

9. deleting the word “Physical” appearing immediately after the words “of the County” in the introductory Clause and substituting therefor the words “Land Use”; (ii) by deleting the word “physical” appearing immediately after the words “with respect to” in paragraph (b) and substituting therefor the words “land use”; and (iii) by deleting the word “physical” appearing immediately after the words “member on broad” in paragraph (c) and substituting therefor the words “land use”; and (iv) deleting the marginal note and substituting therefor the following new marginal note— Functions of the County Land Use Planning Liaison Committee. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end Clause 74

1. in sub-clause (1) by deleting the word “Physical” appearing immediately after the words “The County” and substituting therefor the words “Land Use”;
2. in sub-clause (2) by deleting the words “Physical” appearing immediately after the words “of the County” and substituting therefor the words “Land Use”;
3. in sub-clause (3) by deleting the words “Physical” appearing immediately after the words “of the County” and substituting therefor the words “Land Use”;
4. in sub-clause (4) by deleting the words “Physical” appearing immediately after the words “of a County” and substituting therefor the words “Land Use”;
5. in sub-clause (5) by deleting the word “Physical” appearing immediately after the words “of a County” and substituting therefor the words “Land Use”;
6. in sub-clause (6) by deleting the words “Physical” appearing immediately after the words “A County” and substituting therefor the words “Land Use”; and
7. by deleting the marginal note and substituting therefor the following new marginal note: Procedure of the County Land Use Planning Liaison Committees. Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end Clause 75

1. deleting the words “County Physical” appearing immediately after the words “who appeals to” in sub-clause (1) and substituting therefor the words “a County Land Use”;
2. deleting the word “Physical” appearing immediately after the words “A County” in the introductory phrase in sub-clause (2) and substituting therefor the words “Land Use”;
3. deleting the word “Physical” appearing immediately after the words “of a County” in sub-clause (3) and substituting therefor the words “Land Use”; and
4. deleting the marginal note and substituting therefor the following new marginal note: Appeal to a County Land Use Planning Liaison Committee. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end Clause 76

1. in sub-clause (1) by:
2. deleting the word “Physical” appearing immediately after the words “before a County” and substituting therefor the words “Land Use”; and (ii) deleting the word “or” appearing immediately after the words “Planning Liaison Committee”; and
3. by deleting the marginal note and substituting therefor the following new marginal note: Duty to appear before a County Land Use Planning Liaison Committee. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end Clause 77

1. in sub-clause (1) by deleting the word “Physical” appearing immediately after the words “before a County” and substituting therefor the words “Land Use”;
2. in sub-clause (2) by deleting the word “Physical” appearing immediately after the words “The County” and substituting therefor the words “Land Use”;
3. in sub-clause (3) by deleting the word “Physical” appearing immediately after the words “Where a County” and substituting therefor the words “Land Use”;
4. in sub-clause (4) by deleting the word “Physical” appearing immediately after the words “The County” and substituting therefor the words “Land Use”; and
5. in sub-clause (5) by deleting the word “Physical” appearing immediately after the words “Every County” and substituting therefor the words “Land Use”. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end. Clause 79

9. deleting the word “Physical” appearing immediately after the words “to the National” and substituting therefor the words “Land Use”; and (ii) deleting the marginal note and substituting therefor the following new marginal note: Appeals to National Land Use Planning Liaison Committee. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end. Clause 80

1. in sub-clause (1) by—
2. deleting the word “Physical” appearing immediately after the words “of the National” and substituting therefor the words “Land Use”; and (ii) deleting the word “Physical” appearing immediately after the words “or a County” and substituting therefor the words “Land Use”;
3. in sub-clause (2) by deleting the word “Physical” appearing immediately after the words “member of a” and substituting therefor the words “Land Use”; and
4. in sub-clause (3) by deleting the word “physical” appearing immediately after the words “member of a” and substituting therefor the words “land use”. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end. Clause 81

1. in sub-clause (1) by deleting the introductory Clause and substituting therefor the following new introductory Clause—
2. A person shall not disclose, without the consent of the National Land Use Planning Liaison Committee or a County Land Use Planning Liaison Committee, as the case may be:-
3. in sub-clause (3) by deleting the words “Physical Planning Liaison Committee or a County Physical” appearing immediately after the words “on the National” and substituting therefor the words “Land Use Planning Liaison Committee or a County Land Use”. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end. Clause 82

1. sub-clause (1) by deleting the word “Physical” appearing immediately after the word “Each” in the introductory phrase in and substituting therefor the words “Land Use”;
2. in sub-clause (2) by deleting the word “Physical” appearing immediately after the words “register maintained by” and substituting therefor the words “Land Use”;
3. in sub-clause (3) by deleting the word “Physical” appearing immediately after the words “apply to a” and substituting therefor the words “Land Use”; and
4. by deleting the marginal note and substituting therefor the following new marginal note: Land Use Planning Liaison Committees to keep registers. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end. Clause 83

9. deleting the word “physical” appearing immediately after the words “for delivery of” in paragraph (b) and substituting therefor the words “land use”; (ii) deleting the word “Physical” appearing immediately after the words “operations of Inter-County” in paragraph (c) and substituting therefor the words “Land Use”; and (iii) deleting the word “Physical” appearing immediately after the words “the conduct of” in paragraph (d) and substituting therefor the words “Land Use”. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end. Clauses 86 and 87 The Chairperson (Sen. Nyamunga): Clauses 86 and 87 do not have amendments. (Question that Clauses 86 and 87 be part of the Bill proposed) Division will be at the end. Clause 88

9. deleting the word “physical” appearing immediately after the words “disputes relating to” and substituting therefor the words “land use”; and (ii) deleting the word “physical” appearing immediately after the words “national and county” and substituting therefor the words “land use”. (Question of the amendment proposed) The Chairperson (Sen. Nyamunga): Division will be at the end. New Clause 4A

1. land use planning shall promote sustainable land use and liveable communities which integrates human needs in any locality.
2. development activities shall be planned in a manner that integrates economic, social and environmental needs of present and future generations;
3. land use planning shall be comprehensive, sustainable and integrated at all levels of government, taking into consideration the interests of all parties concerned;
4. land use planning shall take into consideration long-term optimum utilization of land and conservation of scarce land resource including preservation of land with important functions;
5. land use planning shall be inclusive and must take into consideration culture and heritage of people concerned; and
6. land use planning should take into account new approaches such as transit-oriented development, mixed land-uses, planning for public transport and non-motorized transport among others to achieve sustainable development and more efficient use of natural resources Use Planning Consultative Forum in each county.

(Question, that New Clause 4A be now read a Second Time proposed)

1. Each County Land Use Planning Consultative Forum shall comprise of—
2. the respective County Executive Committee Member responsible for matters related to land use, who shall be the chairperson and shall provide the secretariat;
3. the County Director of land use Planning;
4. the Chairperson of the committee responsible for matters related to land use in the respective county assembly;
5. the County Executive Committee Member responsible for matters related to economic planning;
6. the County Executive Committee Member responsible for matters related to the environment;
7. the County Executive Committee Member responsible for matters related to roads and infrastructure;
8. the County Executive Committee Member responsible for matters related to social and community development;
9. a person nominated by the Commission;
10. a person nominated by the Director General of Land Use Planning;
11. a person residing and working or conducting business in the respective county nominated by the Kenya Institute Planners; Functions of the County Land Use Planning Consultative Forum.
12. a person residing and working or conducting business in the respective county nominated by the Institution of Surveyors of Kenya;
13. a person residing and working or conducting business in the respective county nominated by the Architectural Association of Kenya;
14. a person residing and working or conducting business in the respective county nominated by a registered association representing the largest number of entities in the private sector in Kenya;
15. a person residing and working or conducting business in the respective county nominated by a registered national association representing the largest number of residents in Kenya;
16. a person residing and working or conducting business in the respective county nominated by the National Council for Persons with Disability; and
17. any person co-opted by the County Land Use Planning Consultative Forum for that person’s special skills, interest and knowledge.
18. The respective County Executive Committee Member responsible for matters related to land use shall appoint members nominated under subsection (2)(i), (k), (l), (m), (n), (o), (p) and (q) by notice in the Gazette.

(Question that New Clause 12A be now read a Second Time proposed) The Chairperson (Sen. Nyamunga): Division will be at the end. New Clause 12B

1. provide a forum for consultation on County and Inter-County Land Use Development Plans;
2. promote effective coordination and integration of land use development and sector planning; and,
3. advise on the mobilization of adequate resources for the preparation and implementation of land use development plans and strategies.

(Question, that the New Clause 12B be read a Second Time, proposed) (Question, that the New Clause 12B

1. Subject to this Act and any relevant county legislation, the County Land Use Planning Consultative Forum may regulate its procedure.
2. The County Land Use

Planning Consultative

(Question, that the New Clause 12C be read a Second Time, proposed) (Question, that the New Clause 12C be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. New Clause 49A

(Question, that the New Clause 49A be read a Second Time, proposed) (Question, that the New Clause 49A be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. New Clause 60A

1. A registration entered in contravention of sub-section (1) shall not be valid.

(Question, that the New Clause 60A be read a Second Time, proposed) (Question, that the New Clause 60A be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. First Schedule

1. in the title by deleting the word “PHYSICAL” appearing immediately after the words “INTER-COUNTY AND COUNTY” and substituting therefor the words “LAND USE”;
2. in paragraph 3 by—
   9. inserting the following new subparagraph immediately after subparagraph (1)— (1a) human rights, poverty eradication, gender and vulnerable groups; (ii) inserting the following new subparagraph immediately after subparagraph (10)— (10a) climate change;
3. in paragraph 12 by deleting the words “Executive Committee” appearing immediately after the words “report to the” in subparagraph (1) and substituting therefor the words “relevant county assembly”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Third Schedule

1. deleting the word “PHYSICAL” appearing immediately after the words “CONTENTS OF LOCAL” in the title to the Schedule and substituting therefor the words “LAND USE”;
2. by deleting the word “PHYSICAL” appearing immediately after the words “IN A LOCAL” in the title to the Part A of the Schedule and substituting therefor the words “LAND USE”; (c) in paragraph 3 by inserting the following new subparagraph immediately after subparagraph (2)—
3. addressing human rights challenges, poverty eradication, gender and vulnerable groups;
4. combating climate change;
5. in paragraph 5 by deleting the word “physical” appearing immediately after the words “analysis accompanied by” in the introductory clause in subparagraph (a) and substituting therefor the words “land use”; and in paragraph 7 by deleting the word “physical” appearing immediately after the words “maps of the” in subparagraph (b) and substituting therefor the words “land use”. (Question of the amendment proposed)) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Fourth Schedule

1. by deleting the words “MATTERS WHICH MAY BE DEALT WITH UNDER” in the title to the Schedule;
2. in paragraph 2 by—
   9. deleting the words “The Planning Authority” appearing in the introductory clause and substituting therefor the words “A county government”; (ii) deleting the word “physical” appearing immediately after the words “bound by approved” in subparagraph
      1. and substituting therefor the words “land use”;
3. in paragraph 3 by deleting the words “Planning Authority” appearing immediately after the words “agricultural land the” and substituting therefor the words “county government”;
4. by deleting paragraph 4 and substituting therefor the following new paragraph—
5. Planning authorities shall require applications for major developments to be subjected to environmental and social impact assessment
6. in paragraph 5 by deleting the word “physical” appearing immediately after the words “of an approved” in subparagraph (a) and substituting therefor the words “land use”;
7. in paragraph 6 by deleting the word “physical” appearing immediately after the words “of relevant approved” in subparagraph
8. and substituting therefor the words “land use”;
9. in paragraph 7 by deleting the word “physical” appearing immediately after the words “of relevant approved” in subparagraph
10. and substituting therefor the words “land use”.
11. in paragraph 8 by—
    9. deleting the words “the Planning authority” appearing in the introductory clause and substituting therefor the words “a county government”; (ii) deleting the words “planning authority” appearing immediately after the words “the required standard” in subparagraph (p) and substituting therefor the words “county government”; by deleting the words “the planning authority” appearing immediately after the words “the required standard” and substituting therefor the words “a county government”;
12. in paragraph 9 by deleting the words “the planning authority” appearing immediately after the words “the required standard” and substituting therefor the words “a county government”;
13. in paragraph 10 by deleting the words “planning authority” appearing immediately after the words “period as the” and substituting therefor the words “county government”;
14. by deleting paragraph 14; (l) in paragraph 16 by—
    9. deleting the words “the Planning authority” appearing immediately after the words “permission from the” in the introductory clause and substituting therefor the words “relevant county government”; (ii) deleting the words “Planning authority” appearing immediately after the words “factor that the” in subparagraph (9) and substituting therefor the words “county government”;
15. in paragraph 17 by deleting the words “Planning authority” appearing immediately after the word “A” in the introductory phrase and substituting therefor the words “county government”; and
16. in paragraph 18 by deleting the words “Planning authority” appearing immediately after the words “from the relevant” and substituting therefor the words “county government”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division at the end. Clause 2

1. deleting the word “planning” appearing immediately after the words “matter related to” in the definition of the term “Cabinet Secretary” and substituting therefor the words “land use”; and
2. deleting the definition of the term “land use planning” and substituting therefor the following new definition— “land use planning” refers to the interdisciplinary process of evaluating, organising and controlling the present and the future development and use of land and its resources to secure the physical, economic and social efficiency, health and well-being of urban and rural communities;
3. deleting the definition of the term “local physical planning development plan” and substituting therefor the following new definition— “local land use development plan” means a plan for the area or part thereof of a city, municipality, town or urban council and includes a plan with reference to any trading or marketing centre;
4. deleting the definition of the term “National Director of Physical Planning” and substituting therefor the following new definition in its proper alphabetical sequence— “Director General of Land Use Planning” means the Director General of Land Use Planning appointed under section 10 of this Act;
5. deleting the definition of the term “physical planning” and substituting therefor the following new definition— “physical planning” refers to a form of land use planning which attempts to achieve an optimal spatial coordination of different human activities for the enhancement of the quality of life;
6. deleting the words “responsible for matters relating to physical planning” appearing immediately after the words “Executive Committee Member” in paragraph (b) in the definition of the term “planning authority”;
7. deleting the definition of the term “Inter-County physical development plan” and substituting therefor the following new definition— “Inter-County Land Use Development Plan” means a plan for an area covering two or more counties or parts thereof;
8. deleting the definition of the term “spatial planning” and substituting therefor the following new definition— “spatial planning” means the methodology and approach used to influence the distribution of people and activities to achieve optimal utilisation of physical, economic and socio cultural resources;
   9. inserting the following new definitions in their proper alphabetical sequence— “county executive committee member” means the county executive committee member responsible for matters relating to land use planning in the respective county; “registrar” has the same meaning assigned it under section 2 of the Land Registration Act (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. The Title (Question, that the Title be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Clause 1

THE LAND VALUE INDEX LAWS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 3 OF 2018)

The Temporary Chairperson (Sen. Nyamunga): Hon. Senators, we are now proceeding to consider the amendments on the Land Value Index Laws (Amendment) Bill (National Assembly Bills No. 3 of 2018). Clause 2

1. deleting the proposed definition of the term “prompt” and substituting therefor the following new definition— “prompt” means within a reasonable time of, and in any case not more than one year after, the taking of possession of the land by the Commission;
2. deleting the proposed definition of the term “full” and substituting therefor the following new definition— “full” in relation to compensation for compulsorily acquired land or creation of wayleaves, easements and public rights of way means the restoration of the value of the land, including improvements thereon, as at the date of the notice of intention to acquire the land and any other matter provided for in this Act; (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 3

1. by deleting paragraph (a) and substituting therefor the following new paragraph—
   1. by inserting the following new subsection immediately after subsection (3)— (3A) Where the Commission rejects a request of an acquiring body in accordance with subsection (3), the Commission shall inform the relevant acquiring body within seven days of the decision to reject the request.;
2. in paragraph (b) by deleting the proposed new subsection (4)(b) and substituting therefor the following new paragraph—
   2. establish that the acquiring authority has identified the number and maintains a register of persons in actual occupation of the land, confirming for each such occupation how much time they have been in uninterrupted occupation or ownership of interest in the land prior to the date of the request for acquisition of the land, and the improvements thereon;
3. in paragraph (c) by deleting the word “body” appearing immediately after the words “in the acquiring” in the proposed subsection 107(5B) and substituting therefor the word “authority”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 6

1. in the proposed new section 107A—
   9. by deleting subsection (1) and substituting therefor the following new subsection—
      1. Valuation of freehold land and community land for purposes of compensation under this Act shall be based on the provisions of this Part and the land value index developed for that purpose by the Cabinet Secretary in consultation with county governments and approved by the National Assembly and the Senate; (ii) in subsection (4) by deleting the word “apparent” appearing immediately after the words “increase in the” in the introductory clause in paragraph (c); (iii) in subsection (4) by inserting the words “and are not capital improvements” immediately after the words “state of repair” in paragraph (c)(ii) (iv) in subsection (8) by deleting the word “twelve” appearing immediately after the words “uninterrupted period of” in paragraph (a) and substituting therefor the word “six”;
2. in the proposed new subsection 107B(2)—
   9. by deleting paragraph (a) and substituting therefor the following new paragraph—
      1. the value of the land based on the unexpired term of the lease calculated on the basis of a land value index developed for that purpose by the Cabinet Secretary in consultation with county governments and approved by the National Assembly and the Senate; (ii) by deleting the word “cost” appearing immediately after the word “the” in paragraph (b) and substituting therefor the word “value”; and (iii) by inserting the words “in consultation with the Cabinet Secretary and county governments and with the approval of the National Assembly and the Senate” immediately after the words “prescribe in Regulations” in paragraph (c). (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 7

1. in the proposed new subsection (1A) by inserting the following proviso immediately after paragraph (f)— Provided that regardless of the form of compensation under this section, where an acquisition process is not completed within twenty four months from the date of publication of the notice of intention to acquire, the acquisition shall lapse.;
2. by renumbering the existing clause as subclause (1) and inserting the following new subclause immediately after subclause
3. — (2) Section 111 of the Land Act is amended in subsection (1A) by deleting the word “body” appearing immediately after the words “The acquiring” and substituting therefor the word “authority”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clauses 8 - 11 (Question, that Clauses 8- 11 be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 12

1. deleting paragraph (a);
2. by deleting paragraph (b) and substituting therefor the following new paragraph— (b) by deleting subsection (1) and substituting therefor the following new subsection— (1) After an award has been made, the Commission may take possession of the respective land by serving on every person interested in the land a notice that on a specified day possession of the land and the title to the land will vest in the national or county government as the case may be, provided that such taking of possession will not result in persons being rendered homeless. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 13

1. The members of the Tribunal shall consist of —
   1. one person nominated by the Judicial Service Commission, who shall serve as the chairperson;
   2. one person nominated by the Cabinet Secretary; (c) one person nominated by the Valuers Registration Board
   3. one person nominated by Land Surveyors’ Board; and
   4. one person nominated by Attorney General. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clauses 18-21 (Question, that Clauses 18-21 be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Title

The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 1

THE KENYA ROADS BILL (NATIONAL ASSEMBLY BILLS NO. 47 OF 2017)

1. by deleting the word “and” appearing immediately after the words “research on roads”;
2. by inserting the word “and” immediately after the words “the National Transport and Safety Authority” and;
3. by inserting the following new paragraph— “(k) the Council of Governors.” (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will come at the end. Sen. Omogeni has an amendment to make.

1. in sub-clause (2)
   9. by deleting the word “and” appearing immediately after the word road in paragraph(a); (ii) by inserting the words “; and” immediately after the words “county road” (iii) by inserting the following paragraph immediately after paragraph (b)― ‘(c) there is uniformity in the classification of roads.’
2. in sub-clause (3) by inserting the words, “in consultation with the relevant county government” immediately after the words “Cabinet Secretary” in the introductory phrase. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division at the end. Clause 11 (Question, that Clause 11 be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): Division at the end. Clause 12

1. in sub-clause (3) by deleting the words “in each county” appearing immediately after the words “administrative offices”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division at the end. Clause 13 (Question, that Clause 13 be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): Division at the end. Clause14

1. An Authority may for its purposes and in consultation with the relevant county government, take water from any watercourse subject to the Water Act. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division at the end. Clause 48

1. in sub-clause (5) by inserting the words ‘or any court of law’ appearing immediately after the words ‘National Lands Commission’, and
2. by inserting the following new sub-clauses appearing immediately after sub-clause (12)—
   1. Roads referred to in sub-section (1) shall not be carried out where they may endanger any rare or threatened species, wildlife migration, water sources or springs or sites of cultural or natural importance
   2. All contemplated roads or road-works in sensitive areas of cultural or natural importance such as wetlands, indigenous forests and historic or prehistoric sites shall require approval from the National Environment Management Authority as per section 42 of the Environmental Management and Co- ordination Act, 1999.
   3. In the event that the proposed road works cannot avoid passing through a protected area, the Authority shall construct overpasses or underpasses to allow wildlife movement at frequent intervals.
   4. With reference to sub-section 15, where overpasses or underpasses cannot be constructed, the Authority shall ensure that fences are erected on both sides of the road. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division at the end. Clauses 49, 50 and 51 (Question that Clauses 49, 50 and 51 be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): Division at the end. Clause 52

1. by renumbering the existing clause as sub-clause (1), and;
2. by inserting the following new sub-clause under sub-clause

1. — ‘(2) In the exercise of the powers under subsection (1), each county government through their County Roads Agency shall classify and assign the roads under their jurisdiction and submit the proposed classification to the Cabinet Secretary for approval and inventory purposes.’ (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division at the end. Clause 102

1. in sub-clause (5) by deleting paragraph (a) and substituting therefor the following new paragraph: ‘(a) the former boards of the Kenya National Highways Authority, the Kenya Rural Roads Authority and the Kenya Urban Roads Authority shall remain in place following the commencement of this Act until the authorities contemplated under this Act are duly constituted.’ Clauses 103 and 104 (Question that Clauses 103 and104 be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): Division at the end. First Schedule (Question that the First Schedule be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): Division at the end. Second Schedule (Question that the Second Schedule be part of the Bill proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Third Schedule

1. in the marginal note by deleting the words ‘sec 6(2)(i)’ and substituting therefor with the numeration ‘Sec 6(2)(1)’. The Temporary Chairperson (Sen. Nyamunga): There is also other proposed amendments by Sen. Omogeni.

1. inserting the following amendment immediately after the proposed amendment to section 17 -
2. 17(2) Delete and substitute therefor the following new subsection –
   1. The Constituency Roads Committee
   2. two members from the respective Constituency Development Fund
   3. two officers serving in the office of the county Senator;
   4. the county Senator;
   5. the Member of Parliament for the Constituency;
   6. a representative of the Kenya National Secondary Roads Authority in
   7. a representative from the Ministry responsible for planning;
   8. the respective County Commissioner or his representative; and
   9. two members co-opted by the Committee to represent such special
3. deleting the proposed amendment to section 17(2)(c);
4. deleting the proposed amendment to section 17(2)(e);
5. deleting the proposed amendment to section 17(3) and (4) and substituting
6. 17(3) Delete and substitute therefor the following new subsection –
   1. The Constituency Roads Committee
7. 17(4) Delete the words “Kenya Rural Roads Authority” whenever it appears and
8. inserting the following amendment immediately after the proposed
9. 17A(2) Delete paragraph (a) and substitute therefor the following new shall comprise of — shall designate two of the
1. one representative of the Constituency Development Fund Committee

1. by deleting the definition of public roads and substituting therefor the new definition- “Public Road” means all roads falling under the classifications under Schedule I and any other subsequently classified roads”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Title and Clause 1 (Question, that the Title and Clause 1 be part of the Bill, proposed) Division will be at the end.

THE ENERGY BILL (NATIONAL ASSEMBLY BILLS NO. 50 OF 2017)

The Temporary Chairperson (Sen. Lelegwe): Hon. Senators, we are now on The Energy Bill (National Assembly Bills No. 50 of 2017). Clause 3

The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 4

1. by deleting sub-clause (1) and substituting therefor the following new sub- clause –
   1. There is established the Energy Regulatory Commission hereinafter referred to as the Commission.
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
3. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “this Act the” and substituting therefor the word “Commission” (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 10

1. regulate—
2. generation, importation, exportation, transmission, distribution, supply and use of electrical energy with the exception of licensing of nuclear facilities; (iii) production, conversion, distribution, supply, marketing and use of renewable energy; and (iv) exploration, extraction, production, processing, transportation, storage exportation, importation and sale of coal bed methane gas and other energy forms;
3. protect consumer, investor and other stakeholder interests;
4. provide such information and statistics to the Cabinet Secretary as the Cabinet Secretary may from time to time require;
5. collect and maintain energy data;
6. develop guidelines on applicable treaties, conventions and protocols affecting the energy sector in consultation with other statutory authorities except those relating to nuclear energy;

6. coordinate the development and implementation of a national energy efficiency and conservation action plan, in consultation with relevant statutory authorities and other stakeholders;
   7. develop testing and certification procedures, in conjunction with relevant statutory agencies, for certification and testing for energy consumption of equipment and appliances;
   8. ensure, in collaboration the Kenya Bureau of Standards, that only energy efficient and cost effective appliances and equipment are imported into the country;
   9. certify energy managers and license energy auditors;
   10. promote, in consultation with the Kenya National Accreditation Service, the establishment of accredited laboratories for energy efficiency; and
   11. perform any other function that is incidental or consequential to its functions under this Act or any other written law. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 11

1. deleting the introductory clause and substituting therefore the following new clause –
2. The Commission
3. deleting paragraph (m);
4. deleting paragraph (n);
5. deleting paragraph (o);
6. deleting paragraph (p); and
7. deleting paragraph (q). shall have all the powers necessary for the

1. deleting the introductory clause and substituting therefor the following new clause –
2. The management of the Commission shall vest in a Board of Directors of the Commission consisting of –

2. deleting paragraph (c); and
3. deleting paragraph (e) and substituting therefore the following new paragraph –
4. three county executive committee members responsible for energy nominated by the Council of County Governors;
5. deleting the word “five” appearing at the beginning of paragraph (g) and substituting therefore the word “three”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 13

1. deleting sub-clause (1) and substituting therefor the following new sub- clause –
2. The Board

2. by deleting sub-clause (5) and substituting the following new sub-clause –
   1. The Director General
   shall, subject to the approval of the Cabinet Secretary, shall be an ex-officio member of the

The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 15

1. The Commission may in consultation with

1. A matter or thing or an act done by a member of the Board or an officer, employee or agent of the Commission shall not, if the matter or thing is done bona fide for executing the functions, powers or duties of the Commission, render the members of the Board, officer, employee or agent or any person acting on lawful directions of the Commission personally liable to any action, claim or demand whatsoever. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 19

1. levies not exceeding one half of a percent on the sales of electricity products;
2. licence fees;
3. such monies or assets as may accrue to or vest in the Commission in the course of the exercise of its powers or the performance of its functions under this Act;
4. such monies as may be provided by Parliament for the purposes of the Commission;
5. any revenues generated from any proprietary interest held by the Commission whether movable or immovable;
6. interest from bank deposits; and
7. all monies from any other source provided for or donated or lent to the Commission:
8. Any monies collected by the Commission including levies, fines and penalties in exercise of its functions shall be paid into the Consolidated Fund.
9. Any funds retained by the Commission shall make part of the funds of the Commission by way of appropriation.
10. There shall be paid out of the funds of the Commission, all expenditure incurred by the Commission in the exercise of its powers or the performance of its functions under this Act. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 21

1. by deleting sub-clause (1) and substituting therefor the following new sub- clause –
   1. The Commission
2. in sub-clause (2) by deleting the word “Authority” appearing immediately
3. in sub-clause (3) by deleting the word “Authority” appearing immediately
4. in sub-clause (4) by deleting the word “Authority” appearing immediately
5. in sub-clause (5) by deleting the word “Authority” appearing immediately may, by resolution either generally or in any

The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 23

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “decision of the” and substituting therefor the word “Commission”;
3. in sub-clause (3) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
4. in sub-clause (4) by deleting the word “Authority” appearing immediately after the words “orders of the” and substituting therefor the word “Commission”;
5. in sub-clause (5) by deleting the word “Authority” appearing immediately after the words “Where the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 24

1. in sub-clause (1) by deleting the word “possessing” appearing immediately after the words “other persons” and substituting therefor the words “appointed by the Cabinet Secretary and who possess”;
2. in sub-clause (4) by deleting the words “Vice Chairperson” appearing immediately after the words “The Chairperson”;
3. by deleting sub-clause (11) and substituting therefor the following new sub clause –
   1. After carrying out the interviews, the selection panel shall select three persons qualified to be appointed as members of the Tribunal for each vacant position and shall –
      1. in the case of appointment to the position of chairperson, submit the names to the President; and
      2. in the case of appointment to the position of a member appointed under (1)(b), submit the names to the Cabinet Secretary.
4. in sub-clause (12) by deleting the words “The Cabinet Secretary” appearing at the beginning of the sub-clause and substituting therefor the words “The President or the Cabinet Secretary, as the case may be”;
5. in sub-clause (13) by deleting the words “the Cabinet Secretary” appearing immediately after the word “Where” and substituting therefor the words “The President or the Cabinet Secretary, as the case may be”;
6. in sub-clause (15) by deleting the words “the Cabinet Secretary” appearing immediately after the words “in this section” and substituting therefor the words “the President or the Cabinet Secretary, as the case may be” (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 27

1. The Tribunal shall have appellate jurisdiction over the decisions of the

1. deleting the words “not more than four other” appearing at the beginning of the introductory clause of paragraph (e) and substituting therefor the words “two”;
2. by inserting the following new paragraph immediately after paragraph (e) – (f) two persons with knowledge and experience in matters relating to energy nominated by the Council of Governors. (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clauses 59-74 (Question, that Clauses 59-74 be part of the Bill, proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 75

1. in sub-clause (1) by inserting the words “in collaboration with the Council of County Governors” immediately after the words “Cabinet Secretary shall”;
2. by inserting the following new sub-clause immediately after sub-clause (2) –
   1. The Cabinet Secretary
   shall, in the carrying out of the functions and

8. two persons with knowledge and experience in matter relating to renewable energy nominated by the Council of County Governors. (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clauses 77 and 78 (Question, that Clauses 77 and 78 be part of the Bill, proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 79

1. A person granted authority under subsection (1) shall –
   9. comply with the provisions of Part VII of this Act; and (ii) before commencing with the activities, hold an informational meeting with the local community to sensitize the community on the activities to be undertaken pursuant to the authorization. (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clauses 80 and 81 (Question, that Clauses 80 and 81 be part of the Bill, proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 82

1. by deleting sub-clause (3) and substituting therefor the following new sub- clause –
   1. Any royalty received by the National Government from geothermal energy produced under this section shall be paid into the Treasury of the national Government and apportioned between the National Government, county government and the local community as follows –
   2. the county government’s share shall be equivalent to 20 percent of the royalties;
   3. the local community’s share shall be equivalent 10 ten percent of the royalties and shall be payable through a trust fud managed by a board of trustees established by the local community in accordance with regulations under this Act; and
   4. the remaining seventy percent shall be treated as national revenue to be dealt with in accordance with Article 203 of the Constitution.
2. in sub-clause (4) by inserting the words “county governments in whose county the resource is to be exploited and” immediately after the words “consultation with the”;
3. in sub-clause (5) by inserting the words “upon consultation with the Council of County Governors and the Renewable Energy Resource Advisory Committee” immediately after the words “Cabinet Secretary shall”. (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clauses 86-88 (Question, that Clauses 86-88 be part of the Bill, proposed) Hon. Senators, Division will be at the end. Clause 89

1. by deleting sub-clause (1) and substituting therefor the following new sub- clause –
   1. A person who intends to obtain a licence or permit under this Act shall –
   2. make an application to the Commission in the prescribed form; and
   3. submit to the Commission an environmental impact assessment licence obtained under section 63 of the Environmental Management and Co-ordination Act.
2. in sub-clause (2) by –
   9. deleting the word “Authority” appearing immediately after the word “The” in the introductory clause and substituting therefor the word “Commission”; (ii) deleting the word “Authority” appearing immediately after the words “conditions as the” in paragraph (a) and substituting therefor the word “Commission”;
3. in sub-clause (2) by –
   9. deleting the word “Authority” appearing immediately after the words “Where the” in the introductory clause and substituting therefor the word “Commission”; (ii) deleting the word “Authority” appearing immediately after the words “or permit the” in paragraph (b) and substituting therefor the word “Commission”;
4. by deleting sub-clause (5) and substituting therefor the following new sub- clause –
   1. If the Commission is satisfied that the applicant continues to meet the requirements for the issue of the licence or permit, the Commission shall renew the licence or permit.
5. in sub-clause (6) deleting the word “Authority” appearing immediately after the words “with by the” and substituting therefor the word “Commission”; (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 96

8. in sub-clause (1) by –
9. deleting the word “Authority” appearing immediately after the words “The” in the introductory clause and substituting therefor the word “Commission”; (ii) deleting the word “Authority” appearing immediately after the words “recommended by the” in paragraph (c) and substituting therefor the word “Commission”; (iii) inserting the following new paragraph immediately after paragraph (d) – (da) the need and level of public participation undertaken by an applicant for a licence to generate electricity using coal under section 94(2)(a); (ii) deleting the word “Authority” appearing immediately after the words “opinion of the” in paragraph (e) and substituting therefor the word “Commission”;
10. by inserting the following new sub-clause immediately after sub-clause (1) – (1A) The Commission shall not grant a licence or permit to an applicant unless the applicant has applied for, and obtained, an environmental impact assessment licence in accordance with section 63 of the Environmental Management and Co-ordination Act.
11. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “conditions as the” in introductory clause and substituting therefor the word “Commission”;
12. by deleting sub-clause (3) and substituting therefor the following new sub- clause –
    1. Where a permit contains conditions prescribed in subsection (2) (d), no person shall, before the conditions are satisfied, use any works the execution of which was authorised by the permit, except to the extent specified in a notice given by the Commission to the licensee specifying the extent to which the works may be used, notwithstanding that some of the conditions have not been satisfied and such permit may, at any time, be revoked by the Commission in a subsequent notice in the Gazette.
13. in sub-clause (4) by deleting the word “Authority” appearing immediately after the words “given by the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 97

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “permit and the” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “Where the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 98

1. in the introductory clause by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word Commission”;
2. in paragraph (b) by deleting the word “Authority” appearing immediately after the words “developed by the” and substituting therefor the word “Commission”;
3. in paragraph (c) by deleting the word “Authority” appearing immediately after the words “recommended by the” and substituting therefor the word “Commission”;
4. in paragraph (d) by deleting the word “Authority” appearing immediately after the words “recommended by the” and substituting therefor the word “Commission”;
5. in paragraph (j) by deleting the word “Authority” appearing immediately after the words “matter that the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 99 (Question, that Clause 99 be part of the Bill, proposed) Hon. Senators, Division will be at the end. Clause 100

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “form as the” in the introductory clause and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the word “issued by the” in the introductory clause and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 101

1. in sub-clause (1) by –
   9. deleting the word “Authority” appearing immediately after the word “The” in the introductory clause and substituting therefor the word “Commission”; (ii) deleting the word “Authority” appearing immediately after the words “period which the” in paragraph (a) and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “or permit the” and substituting therefor the word “Commission”;
3. in sub-clause (3) by deleting paragraph (b) and substituting therefor the following new paragraph –
   2. specify the acts, omissions or other facts which, in the opinion of the Commission or the licensing agent, constitute a contravention of the conditions of the licence or permit or requirements of the Act, and the reasons why the Commission is of the opinion that any of the circumstances mentioned under subsection (1) have occurred or arisen; and
4. in sub-clause (4) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”; (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 103

1. Where, upon application, it is shown to the satisfaction of the Commission that a licence or permit has been lost, destroyed or defaced, the Commission shall, upon payment of the prescribed fee, issue a duplicate licence or permit to the licensee. (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 104

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “consent of the” in the introductory clause and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the word “The” in the introductory clause and substituting therefor the word “Commission”;
3. in sub-clause (3) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
4. in sub-clause (5) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”; (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 105

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “The” in the introductory clause and substituting therefor the word “Commission”;
2. in sub-clause (3) by deleting paragraph (b) and substituting therefor the following new paragraph –
   2. an employee of the Commission or person authorised in writing by the Commission; (Question of the amendment proposed) The Temporary Chairpersons (Sen. Lelegwe): Division will be at the end. Clause 106

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “writing to the” and substituting therefor the word “Commission”;
2. in sub-clause (3) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
3. in sub-clause (5) by deleting the word “Authority” appearing immediately after the words “Where the” and substituting therefor the word “Commission”; (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will be at the end. Clause 108

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “to subsection (2) the” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “Where the” and substituting therefor the word “Commission”;
3. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “the” and substituting therefor the word “Commission”; (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will be at the end. Clause 109

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “a permit the” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “the works the” and substituting therefor the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will be at the end. Clause 111

1. Where any licensee willfully delays to comply with the terms of the contract pursuant to sub-section (1), the Commission may compel the licensee to evacuate the coal products when appropriate and in the event of the licensee failing to comply with such direction the Commission may order disposal of such products held by a common user logistic facility and impose such penalties and fines as may be prescribed in regulations. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will be at the end. Clause 112

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “approved by the” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “under subsection (1) the” in the introductory clause and substituting therefor the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 113

Hon. Senators, the Division will be at the end. Clause 114

1. by deleting sub-clause (2) and substituting therefore the following new sub-clause –
   1. In the event of a fire, explosion, injury or fatality occurring in the course of operating a facility for energy production using coal, either by accident or through negligence, the operator of the facility shall forthwith clean up the polluted or damaged environment, at the operator’s own expense, to the satisfaction of Commission and the National Environment Management Authority established under section 7 of the Environmental Management and Co-ordination Act.
2. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “in subsection (2) the” and substituting therefor the word “Commission”;
3. in sub-clause (5) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 115

Hon. Senators, Division will be at the end. Clause 116

1. Without limiting the generality of section 208, the Cabinet Secretary in consultation with the Council of County Governors may, on the recommendation of the Commission, make regulations for the use of coal for energy production relating to— (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 117

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “made to the” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
3. in sub-clause (4) by deleting the word “Authority” appearing immediately after the words “addressed to the” in the introductory clause and substituting therefore the word “Commission”;
4. in sub-clause (5) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 120

1. The Commission may hear any objections in public, at a time

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “The” in the introductory clause and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
3. in sub-clause (3) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
4. in sub-clause (4) by deleting the word “Authority” appearing immediately after the words “decision of the” in the introductory clause and substituting therefore the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 122

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “form as the” in the introductory clause and substituting therefore the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “issued by the” in the introductory clause and substituting therefore the word “Commission”;
3. in sub-clause (4) by
   9. deleting the word “Authority” appearing immediately after the words “approved by the” in in paragraph (a) and substituting therefor the word “Commission”; (ii) deleting the word “Authority” appearing immediately after the words “specified by the” in paragraph (b) and substituting therefor the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 123

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “consent of the” in the introductory clause and substituting therefore the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “action as the” and substituting therefor the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 124

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “consent of the” in the introductory clause and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the word “The” in the introductory clause and substituting therefor the word “Commission”;
3. in sub-clause (3) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
4. in sub-clause (5) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 125

1. by deleting sub-clause (1) and substituting therefor the following new sub-clause–
   1. If a licensee fails to meet his obligations under this Act, the Commission shall serve upon him a notice in writing to meet those obligations within fourteen days or such longer period but not exceeding sixty days as the Commission may determine.
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “the notice the” in the introductory clause and substituting therefore the word “Commission”;
3. by deleting sub-clause (3) and substituting therefor the following new sub-clause–
   1. The appointment of a statutory manager under subsection (2) shall be for such period, not exceeding twelve months, as the Commission may specify in the instrument of appointment and may be extended upon the application of the Commission if such extension appears to the court to be justified and such extension shall be notified to all interested parties.
4. in sub-clause (4) by deleting the word “Authority” appearing immediately after the words “subsection (2) the” and substituting therefor the word “Commission”;
5. in subsection (5) by deleting the word “Authority” appearing immediately after the words “consultation with the” in paragraph (b) and substituting therefore the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 126

1. in sub-clause (1) by –
   9. deleting the word “Authority” appearing immediately after the word “The”in the introductory clause and substituting therefor the word “Commission”; (ii) deleting the word “Authority” appearing immediately after the words “period which the” in paragraph (a) and substituting therefor the word “Commission”; (iii) deleting the word “Authority” appearing immediately after the words“upon inquiry the” in paragraph (d) and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “this section the” and substituting therefor the word “Commission”;
3. in sub-clause (3) by deleting paragraph (b) and substituting therefor the following new paragraph –(b) specify the acts, omissions or other facts which, in the opinion of the Commission, constitute a contravention of the conditions or the Act, and the reasons why the Commission is of the opinion that any of the circumstances mentioned under subsection (1) have occurred or arisen; and
4. in sub-clause (4) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
5. in sub-clause (5) by deleting the word “Authority” appearing immediately after the words “or revoked the” and substituting therefor the word “Commission”. (Question of amendment proposed) Clause 127

1. Where, upon application, it is shown to the satisfaction of the Commission that a license has been lost, destroyed or defaced; the Commission shall issue a duplicate license. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 128

1. in sub-clause (1) by –
   9. deleting the word “Authority” appearing immediately after the word “The” in the introductory clause and substituting therefor the word “Commission”; (ii) deleting the word “Authority” appearing immediately after the words “information as the” in paragraph (e) and substituting therefor the word “Commission”;
2. by deleting sub-clause (2) and substituting therefor the following new sub-clause–(2) In entering any provision in the register, the Commission shall have regard to the need for excluding, so far as is practicable any matter which relates to the affairs of any person, where publication of that matter would or might, in the opinion of the Commission, be prejudicial to the interests of that person or the public interest.
3. By deleting sub-clause (3) and substituting therefor the following new sub-clause–
   1. The contents of the register shall be published on the website of the Commission and shall be available for inspection by the public, during such hours and subject to the payment of such fee as may be prescribed by the Commission.
4. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “prescribed by the” and substituting therefor the word “Commission”;
5. by deleting sub-clause (4) and substituting therefor the following new sub-clause– (4) A person may, on the payment of such fee as may be prescribed, require the Commission to supply him with a copy of, or extract of, any part of the register, being a copy or extract which is certified by the Commission to be a true copy or extract. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 129

9. deleting the introductory clause and substituting therefor the following new clause –
10. For the purposes of this Act, where a person holds a license or licenses, the accounts of each undertaking under each license shall, unless specifically exempted by the Commission, be subject to the provisions of this Act, and be kept separate and distinct and in the manner and form prescribed by the Commission: (ii) in paragraph (a) of the proviso by deleting the word “Authority” appearing immediately after the word “the” and substituting therefor the word “Commission”’
11. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “accounts to the” and substituting therefor the word “Commission”;
12. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “request of the” and substituting therefor the word “Commission”;
13. in sub-clause (4) by deleting the word “Authority” appearing immediately after the word “The” in the introductory clause and substituting therefor the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 130

1. in sub-clause (1) by –
   9. deleting the word “Authority” appearing immediately after the word “The”in the introductory clause and substituting therefor the word “Commission”; (ii) deleting paragraph (b) and substituting therefor the following new paragraph -(b) require a licensee to furnish to the Commission, books, accounts, records and other documents in such form as the Commission may demand.
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
3. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “authorized by the” and substituting therefor the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 131

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “recommendation of the” and substituting therefor the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 132

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “proposal to the” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the word “The” in the introductory clause and substituting therefore the word “Commission”. (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clauses 133-135 (Question, that Clauses 133-135 be part of the Bill, proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 136

1. in sub-clause (1) by deleting the word “Authority” appearing Immediately after the word “The” and substituting therefor the word “Commission”;
2. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “recommendation of the” in the introductory clause and substituting therefor the word “Commission”;
3. in sub-clause (7) by –
4. deleting the word “Authority” appearing immediately after the words “referred to the” in the introductory clause and substituting therefor the word “Commission”; (ii) deleting the word “Authority” appearing immediately after the words “decision of the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clauses 139 and 140

Clause 141

Clause 145

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
2. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “specified by the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 146

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “approved by the” and substitute therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “under subsection (1) the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 147

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “application to the” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the word “The” in the introductory clause and substituting therefor the word“ Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 150

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “application to the” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 151

1. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “referred to the” and substituting therefor the word “Commission”;
2. in sub-clause (4) by deleting the word “Authority” appearing immediately after the words “referred to the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 160

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “approved by the” in the proviso and substituting therefor the word “Commission”;
2. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “referred to the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 161

1. renumbering the existing provision as sub-clause (1);
2. inserting the following new sub-clause immediately after the new sub-clause (1)–
   1. Parliament may, as a condition for, or in addition to any appropriation it may make under subsection (1), impose such conditions as it may consider necessary to avoid the recurrence of the default. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 162

The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 163

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “submitted to the” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “submitted to the” and substituting therefor the word “Commission”;
3. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “under subsection (1) the” in the introductory clause and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 164

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “prescribed by the” and substituting therefor the word “Commission”;
2. in sub-clause (3) by –
   9. deleting the word “Authority” appearing immediately after the words “filed with the” in the introductory clause and substituting therefor the word “Commission”; (ii) deleting the word “Authority” appearing immediately after the words “Provided that the” in the proviso and substituting therefor the word “Commission”;
3. in sub-clause (4) by deleting the word “Authority” appearing immediately after the words “filed with the” and substituting therefor the word “Commission”;

4. in sub-clause (7) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 166

1. The Cabinet Secretary shall –

1. sensitize consumers on the compensation mechanism provided under this section; and
2. make regulations to give effect to this section within six months of the coming into force of this Act. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 167

1. by deleting the word “Authority” appearing immediately after the words “recommendation of the” in the introductory clause and substituting therefor the word “Commission”;
2. by deleting the word “Authority” appearing immediately after the words “proceedings before the” in paragraph (m) and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 168

1. in sub-clause (1) by deleting the proviso; and
2. inserting the following new sub-clause immediately after sub-clause

1. – (1A) Where the owner of a property cannot be traced, the applicant shall –
2. carry out a search in the Ministry responsible for matters relating to land with respect to the land in order to determine the name of the person in whom the land is registered;
3. send a notice by registered post to the last known address of the said person; and
4. issue a thirty notice in the Gazette and through an advertisement in at least two newspapers of nationwide circulation and an announcement in a vernacular radio station of local coverage for a period of two weeks. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clauses 172-177 (Question, that Clauses 172-177 be part of the Bill, proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 178

1. deleting the phrase “Authority for determination and the Authority” appearing immediately after the words “referred to the” and substituting therefor the phrase “Commission for determination and the Commission”;
2. deleting the word “Authority” appearing immediately after the words “decision of the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Let us move on to the next clause. Clauses 181-186 (Question, that Clauses 181-186 be part of the Bill, proposed) Hon. Senators, Division will be at the end. Let us move on to the next clause. Clause 187

1. in sub-clause (1) by deleting the word “Authority” appearing at the beginning of the sub-clause and substituting therefor the word “Commission”;
2. by deleting sub-clause (4) and substituting therefor the following new sub-clause –
   1. If the Commission determines that the owner of the building is not able to comply without financial or technical assistance and that the activities required to be in compliance may be eligible for assistance from an identified source, the Commission may decide to give additional grace period to allow the owner to access assistance from the identified source. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Let us go to the next clause. Clause 189 (Question, that Clause 189 be part of the Bill, proposed) Clause 190

1. by deleting the word “Authority” appearing immediately after the words “recommendation by the” in the introductory clause and substituting therefor the word “Commission”;

2. in paragraph (f) by deleting the word “Authority” appearing immediately after the words “recommendation by the” in the proviso and substituting therefor the word “Commission”;
3. in paragraph (i) by deleting the word “Authority” appearing immediately after the words “furnish to the” and substituting therefor the word “Commission’;
4. in paragraph (j) by deleting the word “Authority” appearing immediately after the words “year to the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Let us go to the next clause. Clause 191

1. in paragraph (a) by deleting the word “Authority” appearing immediately after the words “approval of the” and substituting therefor the word “Commission”;
2. in paragraph (g) by deleting the word “Authority” appearing immediately after the words “furnish to the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Let us go to the next clauses. Clauses 194-197 (Question, that Clauses 194-197 be part of the Bill, proposed) Hon. Senators, Division will be at the end. Let us go to the next clause. Clause 198

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “recommendation by the” and substituting therefor the phrase “Commission and in consultation with the Council of County Governors”;

2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “imposed by the” in paragraph (y) and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Let us go to the next clause. Clause 199

The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Let us go to the next clause. Clause 200

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “under subsection (1) the” in the introductory clause and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Let us go to the next clause. Clause 201

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “complied with the” in the introductory clause and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Let us go to the next clause. Clause 202

1. by deleting sub-clause (1) and substituting therefor the following new sub-clause -

1. Where the Commission is of the view that any person including any public body is consuming unacceptable levels of energy in their respective premises or installations, over and above the benchmarks established by the Commission under this Act, such person shall be called upon to submit to the Commission a detailed audit report compiled by an accredited energy auditor and a detailed remedial plan of action proposing measures to be taken by such person to reduce the energy consumption to acceptable levels.

2. by deleting sub-clause (2) and substituting therefor the following new sub- clause -
   1. The failure to submit a detailed audit report and a detailed remedial plan of action when called upon to do so by the Commission under subsection (1) and the failure to implement such plan on approval by the Commission shall be an offence under this Act. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Let us go to the next clause. Clause 203

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
2. by deleting sub-clause (2) and substituting therefor the following new sub-clause:–
3. Every person who is issued with a certificate under subsection (1) shall be required to sit for such examinations at such periods as the Commission may prescribe and where the Commission so requests, submit performance reviews at such intervals as specified by the Commission.
4. in sub-clause (3) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Chairperson (Sen. Lelegwe): The Division will be at the end. Clause 204

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “report to the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Chairperson (Sen. Lelegwe): The Division will be at the end. Clause 205

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “under subsection (1) the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Chairperson (Sen. Lelegwe): The Division will be at the end. Clause 206

1. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “program to the” and substituting therefor the word “Commission”;
2. in sub-clause (3) by deleting the word “Authority” appearing immediately after the words “submitted to the” in the introductory clause and substituting therefor the word “Commission”. (Question of the amendment proposed) The Chairperson (Sen. Lelegwe): Division will be at the end. Clause 207

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”;
2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “of subsection (1) the” in the introductory clause and substituting therefor the word “Commission”. (Question of the amendment proposed) The Chairperson (Sen. Lelegwe): The Division will be at the end. Clause 208

1. in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “recommendation of the” and substituting therefor the word “Commission”;
2. by deleting sub-clause (2) and substituting therefor the following new sub-clause–
3. The regulations to be made under this Act may be formulated by the Commission on its own motion or may be proposed to the Commission by any licensee or person.
4. in sub-clause (4) by deleting the word “Authority” appearing immediately after the words “satisfaction of the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Chairperson (Sen. Lelegwe): The Division will be at the end. Clause 209

Hon. Senators, the Division will be at the end. Clause 210

1. by deleting sub-clause (1) and substituting therefor the following new sub-clause:–

1. A person engaged in any undertaking or activity pursuant to a licence under this Act shall notify the respective licensing authority and the Commission within forty eight hours in writing, in the form and manner prescribed by the Commission, of any accident or incident causing loss of life, personal injury, explosion, oil spill, fire or any other accident or incident causing harm or damage to the environment or property which has arisen in Kenya or within Kenya’s Exclusive Economic Zone or Outer Continental Shelf.

2. in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “authority or the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Chairperson (Sen. Lelegwe): The Division will be at the end. Clause 215 (Question, that Clause 215 be part of the Bill, proposed) Hon. Senators, Division will be at the end. Clause 216

1. in paragraph 1 by deleting the word “Authority” appearing immediately after the words “member of the” in sub-paragraph (1) and substituting therefor the word “Commission”;
2. in paragraph 2 by deleting the word “Authority” appearing immediately after the words “composition of the” and substituting therefor the word “Commission”;
3. in paragraph 4 by –
   9. by deleting the word “Authority” appearing immediately after the words “meetings of the” in sub-paragraph (1)(d) and substituting therefor the word “Commission”; (ii) deleting sub-paragraph (1)(e) and substituting therefor the following new sub-paragraph –
      5. failure to disclose to the Commission, Tribunal or Board any interest in any contract or matter before the Commission, Tribunal or Board;
   10. in paragraph 5 by deleting the word “Authority” appearing immediately after the words “Managing Director the” in the introductory clause to sub-paragraph (1) and substituting therefor the word “Commission”;
4. in paragraph 7 by –
   9. deleting sub-paragraph (1) and substituting therefor the following new subparagraph –
5. At least three months before the commencement of each financial year, the Commission, Tribunal, Corporation or Agency, as the case may be, shall cause to be prepared estimates of the revenue and expenditure of the Commission, the Tribunal or the Agency for that year. (ii) in sub-paragraph (2) by –
   1. deleting the word “Authority” appearing immediately after the words “expenditure of the” in the introductory clause and substituting therefor the word “Commission”;
   2. deleting the word “Authority” appearing immediately after the words “staff of the” in sub- sub-paragraph (a) and substituting therefor the word “Commission”; (iii) in sub-paragraph (3) by deleting the word “Authority” appearing immediately after the words “approved by the” and substituting therefor the word “Commission”; (iv) in sub-paragraph (4) by deleting the word “Authority” appearing immediately after the words “Secretary’s approval the” and substituting therefor the word “Commission”.
6. in paragraph 8 by –
   9. deleting sub-paragraph (1) and substituting therefor the following new subparagraph –
      1. The Commission Tribunal Corporation
   10. deleting the word “Authority” appearing immediately after the
   1. Within a period of six months after the end of

7. by deleting paragraph 9 and substituting therefor the following new paragraph or
1. (1) The common seal of the Commission, Tribunal,
1. The common seal of the Commission, Tribunal, Corporation or
2. The affixing of the common seal of the Commission, Tribunal,

1. Energy Regulatory Commission (Question of amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division at the end. Fourth Schedule

1. deleting sub-paragraph (a) and substituting therefor the following new subparagraph –
   1. The Energy Regulatory Commission
2. deleting the word “Authority” appearing immediately after the words
3. deleting the words “and Petroleum Regulatory Authority” appearing established undersection 9

Order, hon. Members! There is an interjection by Sen. (Eng.) Maina.

THE PETROLEUM BILL (NATIONAL ASSEMBLY BILLS NO. 48 OF 2017)

The Temporary Chairperson (Sen. Lelegwe): Hon. Senators, we are still in the Committee of the Whole to consider the Petroleum Bill (National Assembly Bills No. 48 of 2017). Clauses 3 and 4

The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 5

1. and substituting therefor the following new sub-clause –

1. The Cabinet Secretary consult with the Council of County Governors and shall ensure

1. The licensing authority may, by notice in the Gazette, suspend or revoke the license issued to a person who if found liable for an offence under subsection (2).
2. Where the licensing authority intends to revoke or suspend a permit under this section, it may, at least twenty-one days before the date of the intended revocation or suspension, notify the holder of the permit of such intention, specifying the reasons thereof, and shall take every precaution to ensure fairness in the exercise of this power. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will come at the end. Clauses 93-124 (Question, that Clauses 93-124 be part of the Bill, proposed) Hon. Senators, Division will be at the end. Let us go to the next clause. Clause 125

1. in paragraph (a) by inserting the words “including the use of local radio stations” immediately after the words “communication strategy”;
2. by inserting the following new paragraph immediately after paragraph (f) – (fa) where compensation is payable, to immediate payment of the compensation when such compensation falls due; (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Clause 126

1. deleting the definition of the term “Authority” and substituting therefor the following new definition – “Authority” means Petroleum Regulatory Authority established under section 13A of this Act; New Clauses

1. The Authority
1. suing and being sued;
2. taking, purchasing or otherwise acquiring,
3. borrowing and lending money; and
4. doing or performing all other things or acts for
1. Except as otherwise provided in this Act, the Authority
2. provide such information and statistics in relation to petroleum
3. regulate the importation, refining, exportation, transportation,
4. collect, maintain and manage petroleum data;
5. receive and review an application for a nonexclusive
6. co-ordinate the development of petroleum infrastructure and
7. enter any area, structure, vehicle, vessel, aircraft or building
8. inspect and test any machinery or equipment that has been
9. take or remove, for analysis, testing or for use in evidence in
10. inspect, take extracts from, or make copies of any document
11. assess field development plans and make recommendations to
12. assess tail-end production and cessation of upstream petroleum
13. verify the measurements of petroleum production to allow for
14. verify the recoverable cost of oil and gas due to the parties to a
15. audit contractors for cost recovery;
16. monitor in consultation with the Competition Authority
17. provide information to the relevant authority for the collection
18. set, review and approve contracts, tariffs and charges for
19. make proposals to the Cabinet Secretary in relation to
20. work with the relevant statutory authorities to formulate,
21. develop guidelines, in consultation with other statutory
22. regulate contracts on upstream petroleum operations not
23. advice the Cabinet Secretary in the evaluation of the bids and
24. perform any other function that may be conferred on it under
1. ensure that contractors uphold the relevant laws,
2. ensure optimal levels of recovery of petroleum
3. promote well planned, executed and cost-efficient
4. ensure optimal utilization of existing and planned
5. ensure the establishment of a central database of
6. manage upstream petroleum data and provide periodic
7. take such action as is necessary to enforce the
8. ensure and facilitate competition, access and
9. prescribe the form and manner in which any application
10. investigate complaints or disputes arising from upstream
11. enter, inspect and search any premises at which any
12. issue orders either requiring acts or things to be
13. impose such sanctions and civil fines not exceeding
14. enforce local content requirements;
15. issue operational permits and non-exclusive exploration
16. ensure enforcement and compliance with the national
25. The Director Public Prosecutions
26. a chairperson appointed by the President;
27. the Principal Secretary in the Ministry for the time being
28. the Principal Secretary in the National Treasury or his or her
29. three county executive committee members responsible for
30. the Director-General appointed under section 23 of this Act;
31. one person shall be nominated by the Kenya Private Sector
32. one person with knowledge and experience in matters relating

1. A person shall be qualified for appointment as a chairperson under
2. is a citizen of Kenya;
3. holds a degree from a university recognized in Kenya in any of the
9. engineering;
4. economics; or
5. has had at least seven years relevant professional and managerial
6. is a member in good standing of the relevant professional association;
7. meets the requirements set out in Chapter Six of the Constitution.
1. A member of the Board appointed under section 13D(1)(f) and
2. shall hold office for a period of three years and shall be eligible
3. The chairperson and members of the Board shall be appointed
4. The chairperson and the members appointed in accordance with
1. Subject to the provisions of the First
1. dies;
2. by notice in writing addressed to the President or the
3. is removed from office under any of the circumstances
4. The President
1. any violation of
2. gross misconduct, whether in the
3. physical or mental incapacity to perform
4. being absent from three consecutive
5. a failure to disclose to the Board of
6. being convicted of a criminal offence;
7. incompetence; or
8. bankruptcy.
5. The Cabinet Secretary
6. A person shall be qualified for appointment as the Director-
1. is a citizen of Kenya;
2. holds a degree from a university recognized in Kenya in
3. petroleum geosciences;
4. petroleum law.
5. has at least seven years relevant professional
6. is a member in good standing of the relevant
7. meets the requirements set out in Chapter Six of the
7. The Director-General shall hold office for a term of three years
8. The Director-General shall be the secretary to the Board of
1. inability to perform the functions of office due
2. gross misconduct or misbehaviour;
3. incompetence or neglect of duty;
4. violation of the Constitution or any other law;
5. bankruptcy; or
6. any other ground that would justify removal
7. Before the Cabinet Secretary removes the
8. sufficient notice of the allegations made against
9. an opportunity to present his defence against the
1. The provisions of subsection (1) shall not relieve the
2. such moneys as may, from time to time, be appropriated
3. levies, not exceeding one half of a percent on the sales
4. such other moneys or assets as may accrue to or vest in
5. any revenues generated from any proprietary interest
6. interest from bank deposits; and
7. any revenue from other sources including loans, grants,
9. All revenues generated by the Authority including levies shall
10. Any funds retained by the Authority shall make part of the
11. Penalties are excluded from the funds of the Authority.
12. The Cabinet Secretary
1. the amount in Kenya Shillings payable per cubic metre
2. the amount of Kenya Shillings payable per one
3. when the relevant levy may be applied; and any other
13. There shall be paid out of the funds of the Authority, all

1. The Authority is a body corporate with perpetual succession may, on the request of the or the Cabinet Secretary, as the case may shall appoint the Director General from responsible for matters relating to may place on deposit with such a bank as it may determine, any shall ensure that all moneys received are shall prepare the financial statements in a shall pay such allowances and fees to the and Director-General shall authenticate the and Director-General may authenticate, by
1. The annual estimates shall make provision for all estimated
2. The annual estimates shall be approved by the Board before the
3. to the Auditor-General, the accounts of the Authority in respect
9. a statement of the income and expenditure of the
4. to the Cabinet Secretary, an annual report in respect of that year
9. the accounts of the Authority and statements referred to
10. The Authority
11. Within a period of three months after the end of each
12. Within a period of six months after the end of the
13. Notwithstanding anything in this Act, the Auditor-
14. The fee for an auditor, other than the Auditor-General,
15. The Authority
16. A committee, officer, employee or agent of the
17. Any instrument issued by the Authority under
18. The Authority
5. enter upon any premises at which any undertaking is carried out
6. inspect and test any process, installation, works or other
7. be accompanied by a police officer if there is a reason to
8. require from any person the production of any book, notice,
9. examine and copy any part of any book, notice, record, list or
10. require information relevant to the committee, officer,
11. exercise such other powers as may be necessary in connection
12. A member of a committee of the Authority, officer, employee
13. Where—
14. the premises to which this section relates are unoccupied;
15. the owner, occupier or person in charge thereof is temporarily
16. entry thereon is refused or obstructed, the member of the
9. reasonable steps shall be taken prior to entry by the
17. Where it is suspected that an undertaking is being carried
18. any building, room, place, receptacle or item of plant;
19. any goods or materials in a factory; and
20. aircraft, vessels, vehicles or containers.
21. A person who, unless authorized by the Authority or any other
22. A person who resists, hinders or obstructs any committee,
1. promote efficiency, economy and safety in the conduct
2. ensure that contractors carry out the upstream petroleum
3. promote competition in upstream petroleum operations
4. advocate and ensure transparency between upstream
5. ensure fair balance in the interests of the National
1. Where the Authority fails to make a decision
2. The decision of the Authority shall be in writing
3. A decision of the Authority shall be served upon
4. Where a decision of the Authority requires a
23. The common seal of the Authority when affixed on a document
24. The Chairperson
25. The Chairperson
1. any document not required by law to be made under
2. all decisions of the Board.

The Temporary Chairperson (Sen. Lelegwe): Division will be at the end. Hon. Senators, we cannot adjourn on the Committee of the Whole. I, therefore, call upon the Mover to report progress only for this Bill.

PROGRESS REPORTED THE PHYSICAL PLANNING BILL (NATIONAL ASSEMBLY BILLS NO. 34 OF 2017)

THE LAND VALUE INDEX LAWS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO.3 OF 2018)

THE KENYA ROADS BILL (NATIONAL ASSEMBLY BILLS NO. 47 OF 2017)

THE ENERGY BILL (NATIONAL ASSEMBLY BILLS NO.50 OF 2017)

THE PETROLEUM BILL (NATIONAL ASSEMBLY BILLS NO. 48 OF 2017)

ADJOURNMENT