Wednesday, July 31, 2024 At 2.30 P.m.

Thirteenth Parliament

Third Session (No. 078) (1270)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

AFTERNOON SITTING

WEDNESDAY, JULY 31, 2024 AT 2.30 PM

PRAYER

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages
4. 4. Petitions
5. 5. Papers (as listed in the Appendix)
6. 6. Notices of Motion
7. 7. Questions and Statements (as listed in the Appendix)
8. 8. *THE CONSTITUTION OF KENYA (AMENDMENT) (NO. 2) BILL (SENATE

BILLS NO. 52 OF 2023)

(Sen. Raphael Chimera, MP)

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

1. 9. MOTION – REPORT OF THE STANDING COMMITTEE ON FINANCE AND

BUDGET ON THE SENATE NOMINEES, ON BEHALF OF THE COUNTY

GOVERNMENTS, TO THE POSITION OF MEMBER OF THE SALARIES

AND REMUNERATION COMMISSION (SRC)

(The Chairperson, Standing Committee on Finance and Budget)

THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the Senate nominees, on behalf of the county governments, to the position of Member of the Salaries and Remuneration Commission, laid on the Table of the Senate on Tuesday, 23rd July, 2024, and further pursuant to Article 230 (2) (b) (vii) of the Constitution and section 7 (2) of the Salaries and Remuneration Commission Act, recommends Ms.

…………/Motion

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1271)

Lynette Washiali Muganda and Mr. Mohamed Aden Abdi to the Cabinet Secretary for the National Treasury and Planning for transmission to His Excellency the President for consideration for appointment to the position of Member of the Salaries and Remuneration Commission.

1. 10. COMMITTEE OF THE WHOLE

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

70 OF 2023)

(The Senate Majority Leader)

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

1. 11. COMMITTEE OF THE WHOLE

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

(Sen. Wakili Hillary Sigei, MP)

1. 12. COMMITTEE OF THE WHOLE

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

NO. 17 OF 2023)

(Sen. Beatrice Ogolla, MP)

1. 13. COMMITTEE OF THE WHOLE

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

(The Senate Majority Leader)

1. 14. COMMITTEE OF THE WHOLE

***THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

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

(The Chairperson, Standing Committee on Energy)

(Second Reading) (Resumption of debate interrupted on Thursday, 25th July, 2024

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

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

(Second Reading)

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

BILL (SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

(Second Reading) …………/Bills

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1272)

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

NO. 53 OF 2023)

(Sen. Mariam Sheikh Omar, MP)

(Second Reading)

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

BILLS NO. 54 OF 2023)

(Sen. Eddy Oketch, MP)

(Second Reading)

1. 20. *THE

NARCOTIC

DRUGS

AND

PSYCHOTROPIC

SUBSTANCES

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

(Sen. Kathuri Murungi, MP)

(Second Reading)

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

OF 2022)

(The Senate Majority Leader)

(Second Reading)

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

ACCOUNTS ON ITS CONSIDERATION OF THE REPORTS OF THE

AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF THARAKA

NITHI, HOMA BAY, KAKAMEGA, KIRINYAGA, MAKUENI, MERU, BOMET,

MURANG’A, NANDI, NYAMIRA, NYERI, SIAYA, VIHIGA, WAJIR AND

SAMBURU

COUNTY

EXECUTIVES

FOR

THE

FINANCIAL

YEAR

2019/2020 (The Chairperson, County Public Accounts Committee)

THAT, the Senate adopts the Report of the Select Committee on County Public Accounts on its consideration of the Reports of the Auditor General on the Financial Statements of Tharaka Nithi,Homa Bay, Kakamega, Kirinyaga, Makueni, Meru, Bomet, Murang’a, Nandi, Nyamira, Nyeri, Siaya, Vihiga, Wajir and Samburu County Executives for the Financial Year 2019/2020 laid on the table of the Senate on Tuesday, 5th March, 2024.

1. 23. MOTION - REPORTS OF THE SELECT COMMITTEE ON COUNTY PUBLIC

INVESTMENTS AND SPECIAL FUNDS ON ITS CONSIDERATION OF THE

AUDIT REPORTS OF VARIOUS WATER SERVICE COMPANIES FOR THE

FINANCIAL YEARS 2018/2019, 2019/2020 AND 2020/2021

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

THAT, the Senate adopts the Reports of the Select Committee on County Public Investments and Special Funds on its consideration of the

……………/Motion

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1273)

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

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

----------

NOTICE

The Senate resolved on 14th February, 2024 as follows: -

THAT, pursuant to Standing Order 111 (1), the Senate resolves that debate on a Motion not sponsored by the Majority or Minority Party or a Committee shall be limited in the following manner: -

A maximum of three hours with not more than twenty minutes for the Mover, twenty minutes for the Majority Party Official Responder, twenty minutes for the Minority Party Official Responder and fifteen minutes for each other Senator speaking and that fifteen minutes before the time expires, the Mover shall be called upon to reply.

---------

KEY

****- Denotes a Majority /Minority Party Bill

***- Denotes a National Assembly Bill

**- Denotes a Committee Bill

*- Denotes any other Bill

-----------XXX--------

…………./Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1274)

NOTICE OF AMENDMENTS

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

OF 2023)

(The Senate Majority Leader)

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

CLAUSE 5

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

CLAUSE 7

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

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

………../Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1275)

CLAUSE 10

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

CLAUSE 66

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

CLAUSE 87

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

CLAUSE 119

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

CLAUSE 123

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

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

1. 7. The Gambling Control Act.

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

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

……………/Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1276)

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

NEW CLAUSE 117A

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

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

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

CLAUSE 69

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

1. 69. An online gambling transaction shall commence when

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

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

CLAUSE 28

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

……………/Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1277)

(b) by deleting subclause (4).

CLAUSE 31

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

CLAUSE 64

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

CLAUSE 71

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

THIRD SCHEDULE

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

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

CLAUSE 10

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

CLAUSE 87

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

……………/Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1278)

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

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

……………/Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1279)

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

(Sen. Wakili Hillary Sigei, MP)

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

CLAUSE 10

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

CLAUSE 11

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

CLAUSE 12

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

1. 12. Section 37 of the principal Act is

amended—

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

……………/Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1280)

CLAUSE 13

THAT clause 13 of the Bill be amended –

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

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

CLAUSE 15

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

NEW CLAUSE 2A

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

CLAUSE 2

THAT clause 2 of the Bill be amended –

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

(b) in paragraph (e) –

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

……………/Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1281)

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

BILLS NO. 17 OF 2023)

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

CLAUSE 6

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

CLAUSE 7

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

CLAUSE 8

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

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

………/Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1282)

CLAUSE 14

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

CLAUSE 15

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

CLAUSE 17

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

CLAUSE 2

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

…………./Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1283)

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

CLAUSE 8

THAT clause 8 of the Bill be amended by—

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

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

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

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

CLAUSE 11

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

…………./Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1284)

CLAUSE 12

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

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

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

CLAUSE 14

THAT clause 14 of the Bill be amended by—

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

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

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

CLAUSE 2

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

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1285)

NEW CLAUSE

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

Amendme nt to section 226 of Cap. 63.

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

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

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

…………./Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1286)

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

(The Senate Majority Leader)

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

CLAUSE 3

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

CLAUSE 7

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

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

CLAUSE 36

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

CLAUSE 37

THAT clause 37 of the Bill be amended by deleting—

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

…………./Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1287)

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

CLAUSE 40

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

SECOND SCHEDULE

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

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

NEW CLAUSES

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

Regulatory powers of Authority.

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

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

…………./Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1288)

Prohibition of meteorological activities.

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

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

…………./Notice of Amendments

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1289)

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

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

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

NEW CLAUSE 1A

Amendment of section 2 of Cap. 18.

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

----------

……………/Appendix

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1290)

APPENDIX

1. 1. PAPERS

i) The Pest Control Products (Labelling, Advertising and Packaging) Regulations, Legal Notice No. 99 of 2024.

ii) The Pest Control Products (Inspection and Certification) Regulations, Legal Notice No. 100 of 2024.

iii) The Pest Control Products (Importation and Exportation) Regulations, Legal Notice No. 101 of 2024.

iv) The Pest Control Products (Fees and other Charges) Regulations, Legal Notice No. 102 of 2024.

v) The Pest Control Products (Disposal) Regulations, Legal Notice No. 103 of 2024.

(The Senate Majority Leader)

vi) Report of the Standing Committee on Finance and Budget on its consideration of the National Assembly amendments to the Equalisation Fund Appropriation (No. 2) Bill (Senate Bills No. 30 of 2023).

(The Chairperson, Standing Committee on Finance and Budget)

1. 2. QUESTIONS AND STATEMENTS

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

i) The Senator for Turkana County (Sen. James Lomenen, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding unauthorized occupation of the Turkana South National Reserve by pastoralists from the neighbouring West Pokot County.

ii) The Senator for Turkana County (Sen. James Lomenen, MP) to seek a Statement from the Standing Committee on Roads, Transportation and Housing concerning the rehabilitation and grading of murram roads in banditry prone areas in Turkana East, Turkana South and Loima Constituencies in Turkana County.

iii) The Senator for Nyandarua County (Sen. John Methu, MP) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the status of insurance cover for motor vehicles belonging to the County Government of Nyandarua. ……………/Appendix

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1291)

iv) The Senator for Kisii County (Sen. Richard Onyonka, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the exploration of minerals in Kenya.

v) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the operations of the Northern Rangelands Trust (NRT) in Marsabit County.

vi) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism regarding the management of the operations of Kibuye Market in Kisumu County.

b) Statements pursuant to Standing Order 58

The Senator for Marsabit County (Sen. Mohamed Chute, MP) to make a statement regarding the false reports of his arrest by the Ethics and Anti-Corruption Commission (EACC) officers.

----------

……………./Notice Paper

(No. 078) WEDNESDAY, JULY 31, 2024 (AFTERNOON SITTING) (1292)

NOTICE PAPER

Tentative Business for Thursday, August 01, 2024 (Published pursuant to Standing Order 43 (1)

It is notified that the Senate Business Committee has approved the following tentative business to appear in the Order Paper for Thursday, August 01, 2024.

A. BILLS AT THE SECOND READING STAGE

i)

*THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE BILLS

NO. 3 OF 2024)

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

ii)

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

(Sen. Esther Okenyuri, MP)

iii)

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

(Sen. Ali Ibrahim Roba, MP)

iv)

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

NO. 10 OF 2024)

(The Senate Majority Leader)

v)

****THE

INTERGOVERNMENTAL

RELATIONS

(AMENDMENT)

BILL

(SENATE BILLS NO. 12 OF 2024)

(The Senate Majority Leader)

vi)

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

NO. 14 OF 2024)

(The Senate Majority Leader)

B. MOTIONS

i)

ESTABLISHMENT OF NATIONAL TEACHING AND REFERRAL HOSPITALS

IN KENYA

(Sen. Johnes Mwaruma, MP)

ii)

COUNTY GOVERNMENTS TO SET ASIDE LAND FOR THE PLANTING OF

INDIGENOUS TREES

(Sen. Richard Onyonka, MP)

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