Tuesday, June 25, 2024 At 2.30 P.m.

Thirteenth Parliament

Third Session (No. 057) (995)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

TUESDAY, JUNE 25, 2024 AT 2.30 PM

PRAYER

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages (as listed in the Appendix)
4. 4. Petitions
5. 5. Papers (as listed in the Appendix)
6. 6. Notices of Motion (as listed in the Appendix)
7. 7. Questions and Statements
8. 8. ***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)

1. 9. *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)

1. 10. *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)

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

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

(Second Reading) …………. /Bills

(No. 057) TUESDAY, JUNE 25, 2024 (996)

1. 12. *THE AGRICULTURE AND FOOD AUTHORITY (AMENDMENT) BILL

(SENATE BILLS NO. 13 OF 2023)

(Sen. James Murango, MP)

(Second Reading)

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

(Sen. Miraj Abdillahi Abdulrahman, MP)

(Second Reading)

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

(Sen. James Murango, MP)

(Second Reading)

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

OF 2023)

(Sen. Veronica Maina, MP)

(Second Reading)

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

OF 2023)

(Sen. Karungo Thang’wa, MP) (Second Reading)

1. 17. *THE COUNTY ASSEMBLY SERVICES (AMENDMENT) BILL (SENATE

BILLS NO. 34 OF 2023)

(Sen. Mohamed Chute, MP) (Second Reading)

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

BILLS NO. 39 OF 2023)

(Sen. Kathuri Murungi, MP)

(Second Reading)

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

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

(Second Reading)

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

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

………. /Motions

(No. 057) TUESDAY, JUNE 25, 2024 (997)

1. 21. 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)

1. 22. 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)

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)

1. 23. 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; …………. /Motions

(No. 057) TUESDAY, JUNE 25, 2024 (998)

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.

1. 24. 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

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

(No. 057) TUESDAY, JUNE 25, 2024 (999)

APPENDIX

1. 1. MESSAGES

i) Message from the National Assembly on the passage, by the National Assembly, of the mediated version of the Division of Revenue Bill (National Assembly Bills No. 14 of 2024).

ii) Message from the National Assembly on the passage (with amendments), by the National Assembly, of the Equalisation Fund Appropriation (No. 2) Bill (Senate Bills No. 30 of 2023).

iii) Message from the National Assembly on the passage, by the National Assembly, of the National Disaster Management Bill (National Assembly Bills No. 24 of 2023).

(The Speaker of the Senate)

1. 2. PAPERS

i) Report of the Commission on Administrative Justice on the Status of Administrative Justice and Access to Information in Kenya from the year 2012 to 2023.

ii) Annual Statutory Report of the Council of Governors for the period 2022/ 2023.

iii) Report of the Office of the Controller of Budget on County Governments Budget Implementation Review for the first nine months of financial year 2023/ 2024.

iv) Report of the Office of the Controller of Budget on National Government Budget Implementation Review for the first nine months of financial year 2023/ 2024.

v) The Annual Report of the Commission on Revenue Allocation and Financial Statements for the financial year 2022/2023.

vi) Report of the Commission on Revenue Allocation on Own Source Revenue Potential and Tax Gap Study of County Governments.

vii) The Commission on Revenue Allocation Recommendation on the Basis for Equitable Sharing of Revenue between the National and County Governments for the financial year 2024/ 2025.

viii) Report of the Auditor General on the Financial Statements of the Kakamega County Rural Water and Sanitation Company Limited for the year ended 30th June, 2022.

……………/Appendix

(No. 057) TUESDAY, JUNE 25, 2024 (1000)

ix) Report of the Auditor General on the Financial Statements of the Kakamega County Rural Water and Sanitation Company Limited for the year ended 30th June, 2023.

x) Report of the Auditor General on the Financial Statements of the Cherang’any Marakwet Water and Sanitation Company Limited for the year ended 30th June, 2023.

xi) Report of the Auditor General on the Financial Statements of the Ruiru – Juja Water and Sewerage Company Limited for the year ended 30th June, 2023.

xii) Report of the Auditor General on the Financial Statements of Bungoma Municipality for the year ended 30th June, 2023.

(The Senate Majority Leader)

1. 3. NOTICE OF 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; ……………. /Appendix

(No. 057) TUESDAY, JUNE 25, 2024 (1001)

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.

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

……………. /Notice Paper I

(No. 057) TUESDAY, JUNE 25, 2024 (1002)

NOTICE PAPER I

Tentative Business for Wednesday, June 26, 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 Wednesday, June 26, 2024 (Morning Sitting).

A. QUESTIONS

QUESTION

NO.

SENATOR

SUBJECT

MINISTRY

037 Sen. (Dr.) Boni Khalwale,

CBS, MP)

Welfare of Kenyans working in the Gulf States Foreign and Diaspora Affairs 040 Sen. (Prof.) Tom Ojienda,

SC, MP

Obligations of the Government to Kenyans in the diaspora who face arrest, detention and deportation Foreign and Diaspora Affairs 021 Sen. Edwin Sifuna, MP Failure by the e-Citizen digital platform to process payments made to some Government institutions The National Treasury and Economic Planning 060 Sen. Catherine Mumma, MP Financing and utilization of the National Government development budget for the FY 2022/2023 The National Treasury and Economic Planning 057 Sen. (Prof.) Tom Ojienda,

SC, MP

Climate change initiatives implemented in the country, and their tailoring to the specific needs of each county Environment, Climate Change and Forestry 072 Sen. James Murango, MP Discharge of effluent and other pollutants into rivers in Kirinyaga County Environment, Climate Change and Forestry

………../Notice Paper I

(No. 057) TUESDAY, JUNE 25, 2024 (1003)

B. MOTIONS

i)

REPORT

OF

THE

66TH

COMMONWEALTH

PARLIAMENTARY

CONFERENCE HELD IN ACCRA, GHANA FROM 30TH SEPTEMBER – 6TH

OCTOBER, 2023

(Sen. (Prof.) Margaret Kamar, MP)

ii)

REPORT OF THE 147TH ASSEMBLY OF THE INTER-PARLIAMENTARY

UNION (IPU) AND RELATED MEETINGS HELD IN LUANDA, ANGOLA ON

23RD TO 27TH OCTOBER, 2023

(Sen. Catherine Mumma, MP)

iii)

REPORT OF THE 63RD SESSION OF THE OACPS PARLIAMENTARY

ASSEMBLY AND THE 43RD SESSION OF THE ACP-EU JOINT

PARLIAMENTARY ASSEMBLY MEETINGS HELD IN BRUSSELS, BELGIUM

(Sen. Kathuri Murungi, MP)

iv)

REPORT OF THE 9TH INTER-PARLIAMENTARY UNION (IPU) GLOBAL

CONFERENCE OF YOUNG PARLIAMENTARIANS HELD IN HANOI,

VIETNAM FROM 15TH TO 17TH SEPTEMBER, 2023

(Sen. John Methu, MP)

v)

REPORT OF THE KENYA DELEGATION TO THE EXTRAORDINARY

SESSION

OF

THE

SIXTH

PARLIAMENT

OF

THE

PAN-AFRICAN

PARLIAMENT (PAP) HELD AT THE GALLAGHER CONVENTION CENTRE,

MIDRAND, SOUTH AFRICA, FROM 20TH TO 27TH MARCH, 2024

(Sen. Danson Mungatana, MP)

vi)

REPORT OF THE KENYA DELEGATION TO THE 148TH ASSEMBLY OF THE

INTER-PARLIAMENTARY UNION (IPU) AND RELATED MEETINGS HELD IN

GENEVA, SWITZERLAND FROM 23RD TO 27TH MARCH, 2024

(Sen. Catherine Mumma, MP)

vii)

REPORT OF THE 14TH ORDINARY SESSION OF THE PLENARY ASSEMBLY

AND RELATED MEETINGS OF THE FORUM OF PARLIAMENTS OF THE

INTERNATIONAL CONFERENCE OF THE GREAT LAKES REGION, HELD

IN LIVINGSTONE, ZAMBIA, FROM 15TH TO 19TH APRIL, 2024

(Sen. Ali Ibrahim Roba, MP)

viii)

ESTABLISHMENT OF A MONTHLY CAR FREE DAY AND COUNTY CAR

FREE ZONES

(Sen. Crystal Asige, MP)

----------

……………./Notice Paper II

(No. 057) TUESDAY, JUNE 25, 2024 (1004)

NOTICE PAPER II

Tentative Business for Wednesday, June 26, 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 Wednesday, June 26, 2024 (Afternoon Sitting).

A. BILL AT FIRST READING

***THE NATIONAL DISASTER MANAGEMENT BILL (NATIONAL ASSEMBLY

BILLS NO. 24 OF 2023)

(The Senate Majority Leader)

B. BILLS AT COMMITTEE OF THE WHOLE STAGE

i)

***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)

v)

*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)

C. BILLS AT THE SECOND READING STAGE

i)

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP) ……………./Notice Paper II

(No. 057) TUESDAY, JUNE 25, 2024 (1005)

ii)

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

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)

v)

*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)

D. MOTIONS

i)

APPROVAL OF SITTINGS OF THE SENATE TO BE HELD IN BUSIA

COUNTY

(The Senate Majority Leader)

ii)

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)

iii)

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)

iv)

MOTION - ADDRESSING THE CHALLENGE OF POWER PURCHASE

AGREEMENT RENEWALS AND ELECTRICITY SUPPLY IN KENYA

(Sen. Wahome Wamatinga, MP)

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