Wednesday, February 28, 2024 At 9.30 A.m.

Thirteenth Parliament

Third Session (No. 010) (240)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

MORNING SITTING

WEDNESDAY, FEBRUARY 28, 2024 AT 9.30 AM

PRAYER

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages
4. 4. Petitions
5. 5. Papers
6. 6. Notices of Motion
7. 7. Questions and Statements (as listed in the Appendix)
8. 8. MOTION - REPORT OF THE 66TH COMMONWEALTH PARLIAMENTARY

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

OCTOBER, 2023

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

THAT, the Senate notes the Report of the 66th Commonwealth Parliamentary Conference held in Accra, Ghana from 30th September – 6th October, 2023.

1. 9. 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; …………../Motion

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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;

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.

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…………/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

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…………../Appendix

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APPENDIX

QUESTIONS AND STATEMENTS

QUESTIONS

Question No. 001 The Senator for Kisumu County [Sen. (Prof.) Tom Ojienda, SC, MP] to ask the Cabinet Secretary for Interior and National Administration:-

a) Could the Cabinet Secretary provide a status update on investigations into the inter-communal clashes that occurred in Sondu town, which lies in the border region of Kericho and Kisumu counties, during the demonstrations in June and July, 2023?

b) What progress has the Government made in the disarmament of armed groups in the town?

c) What measures has the Government put in place to promote peaceful coexistence and prevent a recurrence of inter-communal clashes in the town?

Question No. 002 The Senator for Tharaka-Nithi County (Sen. Mwenda Gataya Mo Fire, MP) to ask the Cabinet Secretary for Interior and National Administration:-

a) Are there plans by the National Government to construct offices, deploy administrative officers and provide necessary equipment to Chiakariga Sub-County in Tharaka-Nithi County, which was established in 2022 but remains non-functional and, if so, could the Cabinet Secretary provide timelines for the same?

b) What specific measures has the Ministry also undertaken to fast-track the establishment of offices for other Government institutions, including the National Treasury Office, within the Sub-County?

c) Could the Cabinet Secretary provide a status update on the construction of a Divisional Police Headquarters as well as required police stations in the Sub-County?

…………../Appendix

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d) What other specific measures has the Government taken to enhance access to National Government services by residents of the Sub-County?

Question No. 003 The Senator for Kisumu County [Sen. (Prof.) Tom Ojienda, SC, MP] to ask the Cabinet Secretary for Agriculture and Livestock Development:-

a) Could the Cabinet Secretary confirm the presence of syndicates engaged in the theft of cane at weighbridges while in transit to sugar factories and indicate the impact of such activities on sugarcane farmers?

b) What actions is the Government taking to address the issue and, could the Cabinet Secretary state plans to compensate sugarcane farmers and to hold accountable the persons involved?

Question No. 004 The Senator for Kisumu County [Sen. (Prof.) Tom Ojienda, SC, MP] to ask the Cabinet Secretary for Agriculture and Livestock Development:-

a) What criteria is used in the appointment and dismissal of Directors and Managing Directors/ Chief Executive Officers in state-owned sugar companies in Kenya, and could the Cabinet Secretary outline the requisite qualifications for appointment?

b) Could the Cabinet Secretary state the contractual terms and conditions for appointment of Managing Directors in state-owned sugar companies and also clarify whether they are uniform across all the companies?

c) How many recruitment exercises for Managing Directors in state-owned sugar companies have been conducted since 2021, and could the Cabinet Secretary provide the longlist, shortlist and interview schedule, with corresponding scores in respect of each of the exercises, and disclose the respective reasons for disqualification of candidates?

…………../Appendix

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d) What measures has the Government put in place to ensure effective oversight of Boards of Directors of state-owned sugar companies, particularly with regard to the appointment and dismissal of Managing Directors, to ensure that they adhere to the principles of good governance, transparency and accountability?

Question No. 005 The Senator for Kirinyaga County (Sen. James Murango, MP) to ask the Cabinet Secretary for Water, Sanitation and Irrigation:-

a) Could the Cabinet Secretary provide details of all water projects budgeted for by the National Government in Kirinyaga County in the Financial Year 2023/2024?

b) Are there plans to supply water to residents of Muratiri area in Gichugu Constituency through the Kerugoya-Kutus water supply project by installing additional water distribution pipes and, if so, could the Cabinet Secretary indicate the timelines?

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…………../Notice Paper

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NOTICE PAPER

Tentative Business for

Wednesday, February 28, 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, February 28, 2024 (Afternoon Sitting)

A. BILLS AT THE COMMITTEE OF THE WHOLE

i.)

**THE COFFEE BILL (SENATE BILLS NO. 10 OF 2023)

(The Chairperson, Standing Committee on Agriculture, Livestock and

Fisheries)

ii.) *THE PREVENTION OF LIVESTOCK AND PRODUCE THEFT BILL

(SENATE BILLS NO. 12 OF 2023)

(Sen. Samson Cherarkey, MP)

iii.) ***THE FOOD AND FEED SAFETY CONTROL CO-ORDINATION BILL

(NATIONAL ASSEMBLY BILLS NO. 21 OF 2023)

(The Senate Majority Leader)

iv.) *THE CARE AND PROTECTION OF CHILD PARENTS BILL (SENATE BILLS

NO. 29 OF 2023)

(Sen. Miraj Abdillahi Abdulrahman, MP)

B. BILLS AT THE SECOND READING STAGE

i.) ***THE WATER (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 33 OF 2023) (Division) (The Senate Majority Leader)

ii.) *THE PARLIAMENTARY POWERS AND PRIVILEGES (AMENDMENT) BILL (SENATE BILLS NO. 37 OF 2023) (Division) (Sen. Godfrey Osotsi, MP)

iii.) ***THE PUBLIC SERVICE (VALUES AND PRINCIPLES) (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 46 OF 2022)

(Sen. Samson Cherarkey, MP)

iv.) *THE REAL ESTATE REGULATION BILL (SENATE BILLS NO. 35 OF 2023) (Sen. Allan Kiprotich Chesang, MP)

v.) *THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL (SENATE

BILLS NO. 38 OF 2023)

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

…………../Notice Paper

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

BILLS NO. 39 OF 2023)

(Sen. Kathuri Murungi, MP)

C. MOTIONS

i)

REPORT OF THE STANDING COMMITTEE ON ENERGY ON THE

INQUIRY INTO THE HIGH COST OF ELECTRICITY IN THE COUNTRY

(The Chairperson, Standing Committee on Energy)

ii)

REPORT OF THE SELECT COMMITTEE ON COUNTY PUBLIC

INVESTMENTS AND SPECIAL FUNDS ON NON-REMITTANCE OF

PENSION DEDUCTIONS TO THE PENSION SCHEMES BY COUNTY

GOVERNMENT ENTITIES.

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

iii)

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)

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