Tuesday, May 07, 2024 At 2.30 P.m.

Thirteenth Parliament

Third Session (No. 040) (687)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

TUESDAY, MAY 07, 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 MATERNAL, NEWBORN AND CHILD HEALTH BILL (SENATE BILLS

NO. 17 OF 2023)

(Sen. Beatrice Ogolla, MP)

(Second Reading) (Resumption of debate interrupted on Thursday, 2nd May, 2024)

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

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

(Second Reading)

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

(SENATE BILLS NO. 13 OF 2023)

(Sen. James Murango, MP)

(Second Reading)

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

(Sen. Miraj Abdillahi Abdulrahman, MP)

(Second Reading)

…………./Bills

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

(Sen. James Murango, MP)

(Second Reading)

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

2023) (Sen. Karungo Thang’wa, MP)

(Second Reading)

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

NO. 34 OF 2023)

(Sen. Mohamed Chute, MP)

(Second Reading)

1. 15. *THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL (SENATE

BILLS NO. 38 OF 2023)

(Sen. (Dr.) Boni Khalwale, MP)

(Second Reading)

1. 16. MOTION – STATUS OF PENDING BILLS IN COUNTIES

(Sen. Ledama Olekina, MP)

AWARE THAT, as at 31st December, 2023, according to the County Governments Budget Implementation Review report for the first half of the financial year 2023/2024, County Governments had accumulated a total of Ksh.156.34 Billion shillings in pending bills with Nairobi City County accumulating the largest share of Ksh.107, 037,053,000 followed by Kiambu and Mombasa Counties at Kshs. 5,711,614,412 and Kshs. 3,922,131,877 respectively;

CONCERNED THAT, the accumulated pending bills in Counties have significantly affected service providers in the counties leading to closure of businesses, stalling of county projects, adversely affecting economic growth in counties, service delivery and ultimately slowing down the country’s economic growth;

FURTHER CONCERNED that most of the service providers in the counties are battling court cases lodged against them by their financiers and suppliers while others are languishing in poverty exacerbated by the increased cost of living, with increased mental health disease incidences and others dying as a result of the effects of colossal amounts of debt owed to them by county governments;

…………./Motion

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NOW THEREFORE, the Senate-

1. 1. recommends that all County Governments pay verified pending bills

amounting to less than Ksh. 1 Billion by the end of this financial year and those above Ksh.1 Billion by the end of the financial year 2024/2025; and

1. 2. Resolves that-

i. pursuant to the provisions of Regulation 41(2) & (3) of the Public Finance Management (County Governments) Regulations, 2015, County Governments prioritize payment of pending bills as a first charge on the County Revenue Fund failure to which the subsequent quotas budget releases will not be done; ii. County Governments shall only pay pending Bills contained in their respective procurement plans pursuant to Regulation 50 (2) & (3) of the Public Finance Management (County Governments) Regulations; iii. Supplementary budgets for county governments are prepared in the 3rd Quarter to curb instances of arbitrary re-allocations out of the approved budget estimates; and iv. County governments shall conduct public participation while formulating supplementary budgets, failure to which the Controller of Budget (CoB) shall not approve the supplementary budgets.

(Resumption of debate interrupted on Thursday, 2nd May, 2024) (Mover to reply)

1. 17. 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) …………./Motion

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1. 18. HOJA - KUIDHINISHWA KWA RUZUKU YA MASHARTI KWA UJENZI WA

UWANJA WA MANISPAA YA MOMBASA

(Seneta Mohamed Mwinyihaji Faki, Mbunge)

KUFAHAMU KWAMBA Sehemu ya 2 ya Ratiba ya Nne ya Katiba ya Kenya inazipa Serikali za Kaunti jukumu la kuendeleza, kuanzisha, kusimamia na kudumisha vifaa vya michezo na kitamaduni ambavyo ni pamoja na viwanja, viwanja vya michezo, vituo vya kitamaduni, na miundombinu mingine inayohusiana;

IKIKUMBUKWA KUWA ukanda mzima wa Pwani Nchini hauna uwanja wa kisasa uliojengwa kwa viwango vya kimataifa, hivyo kuwanyima wananchi manufaa yanayotokana na viwanja na vifaa vya michezo;

WASIWASI kwamba ujenzi wa uwanja wa michezo wa Manispaa ya Mombasa umekumbwa na ucheleweshaji na vikwazo tangu kuanzishwa kwa mradi huo mwaka wa 2019 kutokana na matatizo ya kifedha, ambayo yameathiri utekelezaji wa mradi na kunyima jamii eneo hilo uwanja unohitajika sana;

KWA HIVYO SASA Bunge la Seneti linaazimia kwamba Hazina ya Kitaifa na Wizara ya Masuala ya Vijana, Uchumi Ubunifu na Michezo itengee Serikali ya Kaunti ya Mombasa ruzuku ya masharti ya Shilingi bilioni 1.7 kwa ajili ya kukamilisha ujenzi wa Uwanja wa Manispaa ya Mombasa.

(Mjadala uliokatizwa Jumane, 23 Aprili, 2024 kuendelezwa – Muda uliosalia – Lisaa limoja na dakika hamsini na tisa)

1. 19. MOTION - DECLARATION OF CATTLE RUSTLING AND BANDITRY AS A

NATIONAL DISASTER AND ESTABLISHMENT OF A SPECIAL FUND FOR

VICTIMS

(Sen. William Cheptumo, MP)

THAT AWARE THAT, cattle rustling/banditry is a major menace and security threat in the South and North Rift regions and some other regions of the country;

CONCERNED THAT, the menace has since left irreparable and negative socio- economic impact which include but are not limited to increased number of widows, widowers, orphaned children, poverty, displacement of people leading to Internally Displaced Persons (IDPS), disruption of educational health programs and other economic activities owing to the destruction and/or closure of educational, health and other institutions;

FURTHER CONCERNED THAT, the people living in the affected regions have been denied the enjoyment of their social, economic and political rights as guaranteed to them under the Bill of Rights as enshrined in Chapter Four of the Constitution; …………./Motion

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NOW THEREFORE, the Senate resolves that the National Government through the Ministry of Interior and National Administration and in collaboration with the Council of Governors:

1. 1. Declares cattle rustling a National Disaster;
2. 2. Establish a National Task force on cattle rustling/banditry to:

(i) Investigate the causes of the rampant cattle rustling and banditry in the said region and the Country at large;

(ii) Establishes the extent of suffering, loss and damage the cattle rustling/banditry has occasioned to the communities in all the affected Counties;

1. 3. Create a Special Fund for mitigating the losses suffered by and in

compensating all victims of cattle rustling/banditry and settle all internally displaced persons occasioned by the menace.

(Resumption of debate interrupted on Wednesday, 6th March, 2024 – Morning Sitting – Balance of time 56 minutes)

1. 20. 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.

1. 21. 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; …………./Motion iii.) Gusii Water and Sanitation Company Limited – Kisii/Nyamira

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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.

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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

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……………/Appendix

APPENDIX

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1. 1. PAPER

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

(The Senate Majority Leader)

1. 2. QUESTIONS AND STATEMENTS

STATEMENTS

Pursuant to Standing Order 53(1)

i) The Senator for Bungoma County (Sen. David Wakoli, MP) to seek a Statement from the Standing Committee on Education regarding claims of irregular appointments of Vice-Chancellors in the public universities and colleges and irregularities in the recent promotion of teachers.

ii) Nominated Senator (Sen. Catherine Mumma, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the disaster responses undertaken by the Ministry of Interior and National Administration and the Nairobi City County Government to mitigate the effects of floods in Nairobi.

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……………/Notice Paper I

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NOTICE PAPER I

Tentative Business for Wednesday, May 08, 2024 (Morning Sitting)

(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, May 08, 2024 (Morning Sitting).

QUESTION

NO.

SENATOR

SUBJECT

MINISTRY

001 Sen. (Prof.) Tom Ojienda,

SC, MP

Inter-communal clashes that occurred in Sondu town during the demonstrations in June and July, 2023 Interior and National Administration 002 Sen. Mwenda Gataya Mo Fire, MP Non-operationalization of Chiakariga Sub-County in Tharaka-Nithi County

Interior and National Administration 038 Sen. Kathuri Murungi, MGH,

MP

Status of investigations into the abduction, torture and execution of Mr. Daniel Muthiani Bernard (deceased), alias Sniper Interior and National Administration 039 Sen. James Lomenen, MP Curfew imposed in major towns and centres in Turkana County Interior and National Administration 043 Sen. Danson Mungatana,

MGH, MP

Re-establishment of Wema General Service Unit (GSU) camp in Tana River County which was closed after it was marooned by floods. Interior and National Administration

……………/Notice Paper I

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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 43RD SESSION OF THE ACP-EU JOINT PARLIAMENTARY

ASSEMBLY MEETINGS IN BRUSSELS, BELGIUM

(Sen. Kathuri Murungi, MP)

iv.

REPORT OF THE PARLIAMENT OF KENYA DELEGATION TO THE 13TH

PLENARY ASSEMBLY OF THE FORUM OF PARLIAMENTS OF THE MEMBER

STATES OF THE INTERNATIONAL CONFERENCE ON THE GREAT LAKES

REGION (FP-ICGLR), HELD IN JUBA, SOUTH SUDAN

(Sen. Roba Ali Ibrahim, MP)

v.

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)

vi.

ESTABLISHING OF A MONTHLY CAR FREE DAY AND COUNTY CAR FREE

ZONES

(Sen. Crystal Asige, MP)

……………………Notice Paper II

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NOTICE PAPER II

Tentative Business for Wednesday, May 08, 2024 (Afternoon Sitting)

(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, May 08, 2024 (Afternoon Sitting).

A. BILLS AT THE COMMITTEE OF THE WHOLE

i)

***THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILLS

NO. 12 OF 2023)

(The Senate Majority Leader)

ii) **THE TEA (AMENDMENT) BILL (SENATE BILLS NO. 1 OF 2023) (Sen. Wakili Hillary Sigei, MP)

iii)

***THE NATIONAL RATING BILL (NATIONAL ASSEMBLY BILLS NO. 55

OF 2022)

(The Senate Majority Leader)

iv)

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

70 OF 2023)

(The Senate Majority Leader)

B. BILLS AT THE SECOND READING STAGE

i)

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

BILLS NO. 39 OF 2023)

(Sen. Kathuri Murungi, MP)

ii)

*THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL

(SENATE BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

iii)

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

(Sen. Edwin Sifuna, MP)

iv)

***THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

v)

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

(The Senate Majority Leader)

……………………Notice Paper II

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vi)

***THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILLS NO. 2 OF 2023)

(The Senate Majority Leader)

vii)

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

viii)

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

47 OF 2023)

(Sen. Hamida Kibwana, MP)

C. 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)

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