Thursday, July 04, 2024 At 2.30 P.m.

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Thirteenth Parliament

Third Session (No. 063) (1062)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

THURSDAY, JULY 04, 2024 AT 2.30 PM

PRAYER

1. Administration of Oath
2. Communication from the Chair
3. Messages
4. Petitions (as listed in the Appendix)
5. Papers (as listed in the Appendix)
6. Notices of Motion
7. Questions and Statements (as listed in the Appendix)
8. MOTION – THE CURRENT STATE OF THE NATION

(The Senate Majority Leader and the Senate Minority Leader)

RECOGNIZING the State of the nation at this moment; the ongoing protests following the passing of the Finance Bill (National Assembly Bills No. 30 of 2024) on 25th June, 2024 by the National Assembly; the loss of lives, maiming and loss of property that has been occasioned following these protests;

COGNIZANT THAT pursuant to Article 115(1)(b) of the Constitution His Excellency the President of the Republic of Kenya declined to assent to the Bill and referred it back to the National Assembly with recommendations to delete all clauses of the Bill;

ACKNOWLEDGING THAT the conversation on the Finance Bill has triggered the broader important public conversation on the question of the high cost of living juxtaposed against the wasteful expenditure in all public institutions including Parliament;

FURTHER ACKNOWLEDGING the issues raised by the youth and other members of the public to do with corruption, impunity, incompetence within state and public appointments, opulent lifestyles of public officers, unemployment and high cost of living amongst other issues bedeviling the economy; ……………/Motion

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NOW THEREFORE, the Senate–

1. calls upon-

i) the National Assembly to expeditiously consider the presidential memorandum pursuant to Article 115(2)(a);

ii) all government ministries, departments and agencies, and constitutional commissions, including Parliament, to put in place austerity measures in undertaking their respective functions;

iii) the Ethics and Anti-Corruption Commission (EACC) and other government multi sector agencies in the governance, justice, law and order sector to upscale and make concerted efforts to fight corruption;

iv) the National Police Service to cease abductions, unlawful arrests, extra judicial killings and exercise restraint in dealing with peaceful and unarmed demonstrators;

v) release of all persons arrested for planning and participating in peaceful demonstrations relating to the enactment of the Finance Bill;

vi) the government to waive hospital bills for persons who have been injured and defray funeral expenses for those who lost their lives, during the demonstrations; and

vii) the Judiciary to prioritize and expedite all court cases relating to the enactment of the Finance Bill and the resultant demonstrations.

2. considers all the challenges facing the country and makes necessary

recommendations to address them.

(Resumption of debate interrupted on Wednesday, 3rd July, 2024 – Afternoon Sitting)

9. MOTION - REPORT OF THE SELECT COMMITTEE ON DELEGATED

LEGISLATION ON ITS CONSIDERATION OF THE SOCIAL HEALTH

INSURANCE (GENERAL) REGULATIONS, 2024 AND THE SOCIAL

HEALTH INSURANCE (TRIBUNAL PROCEDURE) RULES, 2024

(The Chairperson, Select Committee on Delegated Legislation)

THAT, the Senate adopts the Report of the Select Committee on Delegated Legislation on its consideration of the Social Health Insurance (General) Regulations, 2024 and the Social Health Insurance (Tribunal Procedure) Rules, 2024, laid on the Table of the Senate on Tuesday, 2nd July, 2024; and that pursuant to Section 18 of the Statutory Instruments Act, the Senate resolves to annul: -

……………/Motion

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i. the Social Health Insurance (General) Regulations, 2024 (Legal Notice No. 49 of 2024):and ii. the Social Health Insurance (Tribunal Procedure) Rules, 2024, (Legal Notice No. 48 of 2024).

10. MOTION - APPROVAL OF SITTINGS OF THE SENATE TO BE HELD IN

BUSIA COUNTY

(The Senate Majority Leader)

THAT, AWARE that the Senate of Kenya is established under Article 93 of the Constitution and its main role, as set out at Article 96 is to represent, serve and protect the interests of the counties and their governments;

FURTHER AWARE of the critical role that the Senate plays in the interlinkage between the National and County levels of government, and the need to enhance the interaction between the Senate and county governments, as a means of bringing the Senate closer to the counties and the general public;

ACKNOWLEDGING the successes made during the sittings of the Senate outside Nairobi held in Uasin Gishu, Kitui and Turkana Counties in September, 2018, 2019 and 2023, respectively;

FURTHER ACKNOWLEDGING the recommendation of the Senate Business Committee that a sitting of the Senate be held away from the traditional premises in Parliament Buildings, Nairobi, during the term of the 13th Parliament; and the subsequent resolution of the Senate made on 8th March, 2023, to hold plenary and committee sittings in the counties for a one-week period within the month of September in every Session of the 4th Senate, except during an election year with the objective to: -

1) promote the role and work of the Senate and enhance public awareness regarding the Business of the Senate and Parliament in general;

2) highlight existing and new opportunities for engagement in the legislative process;

3) develop and strengthen partnerships at the county level of government; and

4) provide an opportunity to members and staff of county assemblies to learn and share best practices with Senators and parliamentary officers;

NOW THEREFORE, pursuant to Article 126 (1) of the Constitution, the Senate resolves to hold its Plenary and Committee sittings in Busia County, from 23rd to 27th September 2024.

……………/Motion

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11. ***THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL

(NATIONAL ASSEMBLY BILLS NO. 44 OF 2023)

(The Senate Majority Leader)

(Second Reading) (Resumption of debate interrupted on Tuesday, 28th May, 2024) (Division)

12. *THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE

BILLS NO. 40 OF 2023)

(Sen. Hamida Ali Kibwana, MP)

(Second Reading) (Resumption of debate interrupted on Thursday, 30th May, 2024) (Division)

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

BILLS NO. 52 OF 2023)

(Sen. Raphael Chimera, MP)

(Second Reading) (Resumption of debate interrupted on Thursday, 30th May, 2024)

14. **THE HERITAGE AND MUSEUMS BILL (SENATE BILLS NO. 8 OF 2023)

(The Chairperson, Standing Committee on Labour and Social Welfare)

(Second Reading)

15. *THE AGRICULTURE AND FOOD AUTHORITY (AMENDMENT) BILL

(SENATE BILLS NO. 13 OF 2023)

(Sen. James Murango, MP)

(Second Reading)

16. *THE COUNTY HALL OF FAME BILL (SENATE BILLS NO. 18 OF 2023)

(Sen. Miraj Abdillahi Abdulrahman, MP)

(Second Reading)

17. *THE RICE BILL (SENATE BILLS NO. 19 OF 2023)

(Sen. James Murango, MP)

(Second Reading)

18. *THE LAW OF SUCCESSION (AMENDMENT) BILL (SENATE BILLS NO. 20

OF 2023)

(Sen. Veronica Maina, MP)

(Second Reading)

………../Bills

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19. *THE PUBLIC HOLIDAYS (AMENDMENT) BILL, (SENATE BILLS NO. 31

OF 2023)

(Sen. Karungo Thang’wa, MP)

(Second Reading)

20. *THE COUNTY ASSEMBLY SERVICES (AMENDMENT) BILL (SENATE

BILLS NO. 34 OF 2023)

(Sen. Mohamed Chute, MP)

(Second Reading)

21. *THE COUNTY PUBLIC FINANCE LAWS (AMENDMENT) BILL (SENATE

BILLS NO. 39 OF 2023)

(Sen. Kathuri Murungi, MP)

(Second Reading)

22. *THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL (SENATE

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

(Second Reading)

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

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

24. MOTION - REPORT OF THE STANDING COMMITTEE ON FINANCE AND

BUDGET ON THE STATUS OF IMPLEMENTATION OF PROJECTS

FUNDED BY THE CONDITIONAL GRANT FOR THE CONSTRUCTION OF

COUNTY HEADQUARTERS

(The Chairperson, Standing Committee on Finance and Budget)

THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the status of implementation of projects funded by the Conditional Grant for the construction of County Headquarters laid on the Table of the Senate on Thursday, 28th March, 2024.

(Resumption of debate interrupted on Wednesday, 22nd May, 2024 – Afternoon Sitting)

25. MOTION - REPORT OF THE SELECT COMMITTEE ON COUNTY PUBLIC

ACCOUNTS ON ITS CONSIDERATION OF THE REPORT OF THE

AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF WEST

POKOT COUNTY ASSEMBLY FOR THE FINANCIAL YEAR 2018/2019

AND REPORTS OF THE AUDITOR GENERAL ON THE FINANCIAL

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

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

ASSEMBLIES FOR THE FINANCIAL YEAR 2019/2020

(The Chairperson, County Public Accounts Committee)

………………/Motion

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

(Resumption of debate interrupted on Tuesday, 30th April, 2024)

26. MOTION - REPORT OF THE SELECT COMMITTEE ON COUNTY PUBLIC

INVESTMENTS AND SPECIAL FUNDS ON ITS CONSIDERATION OF THE

AUDIT REPORTS OF THE WATER SERVICE PROVIDERS FOR THE YEAR

ENDED 30TH JUNE, 2019, 30TH JUNE, 2020 AND 30TH JUNE, 2021

(The Chairperson, Committee on County Public Investments and Special

Funds)

THAT, the Senate adopts the Reports of the Select Committee on County Public Investments and Special Funds on its consideration of the Audit Reports for the year ended, 30th June, 2019, 30th June, 2020 and 30th June, 2021 of the following Water Service Providers-

i.) Amatsi Water Services Company Limited - Vihiga County; ii.) Bomet Water Company Limited – Bomet County; iii.) Gusii Water and Sanitation Company Limited – Kisii/Nyamira Counties; iv.) Kisumu Water and Sanitation Company Limited –Kisumu County; v.) Kwale Water and Sewerage Company Limited – Kwale County; and vi.) Nyeri Water and Sanitation Company Limited – Nyeri County.

and the Audit Report of the Wajir Water and Sewerage Company Limited for the year ended 30th June, 2021, laid on the Table of the Senate on Thursday, 23rd November, 2023.

27. MOTION - REPORT OF THE STANDING COMMITTEE ON HEALTH ON

THE INQUIRY INTO THE ALLEGED IRREGULARITIES IN THE

PROCUREMENT OF LONG-LASTING INSECTICIDE TREATED NETS AT

THE KENYA MEDICAL SUPPLIES AUTHORITY

(Chairperson, Standing Committee on Health)

THAT, the Senate adopts the report of the Standing on Health on the inquiry into alleged irregularities in the procurement of long-lasting insecticide treated nets at the Kenya Medical Supplies Authority (KEMSA), laid on the Table of the Senate on Wednesday, 8th May, 2024.

---------- …………. /Notice

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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--------

……………/Appendix

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APPENDIX

1. PETITION

Petition to the Senate by former employees of the Kenya Cooperative Creameries Limited (KCC) concerning nonpayment of outstanding terminal benefits and Maziwa Sacco dues.

(The Speaker of the Senate)

2. PAPERS

i) Report of the Auditor General on the Financial Statements of Nairobi City Water and Sewerage Company Limited for the year ended 30th June, 2023.

ii) Report of the Auditor General on the Financial Statements of Bomet County Financing Locally Led Climate Actions (FLLOCA) Fund for the year ended 30th June, 2023.

iii) Report of the Auditor General on the Financial Statements of Kisumu Lakefront Development Corporation for the year ended 30th June, 2023.

iv) Report of the Auditor General on the Financial Statements of Kikuyu Water Company Limited for the year ended 30th June, 2023.

v) Report of the Auditor General on the Financial Statements of Kabarnet Municipality – County Government of Baringo, for the year ended 30th June, 2023.

(The Senate Majority Leader)

vi) Report of the Standing Committee on Health on its consideration of the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bills No. 45 of 2022).

(The Chairperson, Standing Committee on Health)

3. QUESTIONS AND STATEMENTS

i.) Statements pursuant to Standing Order 52(1)

i.) Nominated Senator (Sen. Hamida Kibwana, MP) to make a Statement concerning men’s mental health.

ii.) Nominated Senator (Sen. Hamida Kibwana, MP) to make a Statement regarding the recognition of the late Ms. Njambi Koikai’s struggle with Endometriosis and her efforts in raising awareness of the disease. ……………/Appendix

(No. 063) THURSDAY, JULY 04, 2024 (1070)

ii.) Requests for Statement pursuant to Standing Order 53(1)

i.) Nominated Senator (Sen. Crystal Asige, MP) to seek a Statement from the Standing Committee on Finance and Budget regarding an allocation of Kshs.156 billion given by the World Bank, to the Kenya Government, for integration of 400,000 refugees.

ii.) The Senator for Mombasa County (Sen. Mwinyihaji Faki, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources concerning land issues in the coastal counties.

iii.) The Senator for Kakamega County (Sen. (Dr.) Boni Khalwale, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the harassment by police of residents of Ikolomani Constituency in Kakamega County over gold mining rights.

iv.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations concerning on-going illegal mining activities at Hillo Gold Mine in Moyale, Marsabit County.

v.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding attacks of Marsabit County residents by Ethiopian Government forces.

vi.) The Senator for Nyamira County (Sen. Okong’o Mogeni, SC, MP) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the postponement of elections for the position of director of the Kenya Tea Development Agency

(KTDA).

iii.) Statement pursuant to Standing Order 57(1)

The Senate Majority Leader to issue a Statement on the business of the Senate for the week commencing Tuesday, 9th July, 2024.

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

……………. /Notice Paper

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NOTICE PAPER

Tentative Business for Tuesday, July 09, 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 Tuesday, July 09, 2024.

A. BILLS AT COMMITTEE OF THE WHOLE STAGE

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

OF 2023)

(The Senate Majority Leader)

ii)

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

(Sen. Wakili Hillary Sigei, MP)

iii)

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

NO. 17 OF 2023)

iv)

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

(The Senate Majority Leader)

*THE NUTS AND OIL CROPS DEVELOPMENT BILL (SENATE BILLS NO. 47

OF 2023)

(Sen. Hamida Kibwana, MP)

vi)

***THE CANCER PREVENTION AND CONTROL (AMENDMENT) (NO. 2)

BILL (NATIONAL ASSEMBLY BILLS NO. 45 OF 2022)

(Sen. Samson Cherarkey, MP – Co- Sponsor)

vii)

***THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

B. BILLS AT THE SECOND READING STAGE

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

ii)

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

……………./Notice Paper

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iii)

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

(The Chairperson, Standing Committee on Energy)

iv)

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

NO. 53 OF 2023)

(Sen. Mariam Sheikh Omar, MP)

*THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE

BILLS NO. 54 OF 2023)

(Sen. Eddy Oketch, MP)

vi)

*THE FIRE AND RESCUE SERVICES PROFESSIONALS BILL (SENATE

BILLS NO. 55 OF 2023)

(Sen. Mohamed Abass Sheikh, MP)

C. MOTIONS

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)

ii)

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)

iii)

MOTION - ADDRESSING THE CHALLENGE OF POWER PURCHASE

AGREEMENT RENEWALS AND ELECTRICITY SUPPLY IN KENYA

(Sen. Wahome Wamatinga, MP)

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Published by the Parliament of Kenya — original source. Text read from the retained document on 19 Aug 2026.