Tuesday, November 14, 2023 At 2.30 P.m.

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Thirteenth Parliament

Second Session (No. 105) (1909)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE SENATE

ORDER PAPER

TUESDAY, NOVEMBER 14, 2023 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 (as listed in the Appendix)
7. Questions and Statements (as listed in the Appendix)
8. *THE COUNTY PUBLIC FINANCE LAWS (AMENDMENT) BILL (SENATE

BILLS NO. 39 OF 2023)

(Sen. Kathuri Murungi,MP)

(First Reading)

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

(The Senate Majority Leader)

(First Reading)

10. MOTION - DEBATE ON THE PRESIDENT’S ADDRESS TO PARLIAMENT –

(1ST DAY)

(The Senate Majority Leader)

THAT, pursuant to Standing Order 25 (1), the Thanks of the Senate be recorded for the exposition of public policy contained in the Address of His Excellency the President, delivered on Thursday, 9th November, 2023 and further that the Senate notes the following Reports submitted by H.E. the President in fulfillment of Articles 132 (1) (c) and 240 (7) of the Constitution, laid on the Table of the Senate on Tuesday, 14th November, 2023 –

i.) The Tenth (10th) State of the Nation Address by His Excellency the President delivered at a Joint Sitting of Parliament on Thursday, 9th November, 2023;

………………./Motion

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1910)

ii.) The Tenth (10th) Annual Report (2022/2023), on the Measures Taken and Progress Achieved in the Realization of National Values and Principles of Governance; and

iii.) The Annual Report to Parliament on the State of National Security, November 2023.

11. MOTION – REPORT OF THE STANDING COMMITTEE ON DEVOLUTION

AND INTERGOVERNMENTAL RELATIONS ON THE APPLICATION FOR

CONFERMENT OF CITY STATUS TO THE MUNICIPALITY OF ELDORET

(The Chairperson, Standing Committee on Devolution and Intergovernmental Relations)

THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on the application for conferment of city status to the Municipality of Eldoret laid on the table of the Senate on Wednesday, September 20, 2023 and pursuant to Section 8(6) of the Urban Areas and Cities Act, 2011 the Senate approves the conferment of City status to the Municipality of Eldoret.

(Resumption of debate interrupted on Thursday 19th October, 2023) (Mover to Reply)

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

NO. 29 OF 2023)

(Sen. Miraj Abdillahi Abdulrahman, MP)

(Second Reading)

(Resumption of debate interrupted on Wednesday, 1st November, 2023 – Afternoon Sitting) (Mover to Reply)

13. **THE EQUALIZATION FUND APPROPRIATION BILL, (SENATE BILLS NO.

30 OF 2023)

(The Chairperson, Standing Committee on Finance and Budget)

(Second Reading)

(Resumption of debate interrupted on Wednesday 18th October, 2023 – Afternoon Sitting) (Division)

14. *THE PREVENTION OF LIVESTOCK AND PRODUCE THEFT BILL (SENATE

BILLS NO. 12 OF 2023)

(Sen. Samson Cherarkey, MP) (Second Reading)

(Resumption of debate interrupted on Thursday 2nd November, 2023)

………………./Bills

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1911)

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

(Sen. Wakili Hillary Sigei, MP)

(Second Reading)

16. *THE COUNTY BOUNDARIES BILL (SENATE BILLS NO. 6 OF 2023)

(Sen. Moses Kajwang’ MP)

(Second Reading)

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

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

(Second Reading)

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

(The Chairperson, Standing Committee on Agriculture, Livestock and

Fisheries)

(Second Reading)

19. MOTION - REPORT OF THE AD-HOC COMMITTEE TO INVESTIGATE THE

PROLIFERATION

OF

RELIGIOUS

ORGANISATIONS

AND

CIRCUMSTANCES LEADING TO MORE THAN 95 DEATHS IN SHAKAHOLA,

KILIFI COUNTY.

(Chairperson of the Ad-Hoc Committee)

THAT, the Senate adopts the Report of the Ad-Hoc Committee to investigate the proliferation of religious organisations and circumstances leading to more than 95 deaths in Shakahola, Kilifi County laid on the Table of the Senate on Thursday, 19th October, 2023.

20. MOTION - REPORT OF THE 146TH ASSEMBLY OF THE INTER –

PARLIAMENTARY UNION (IPU) AND RELATED MEETINGS HELD IN

MANAMA, KINGDOM OF BAHRAIN FROM 11TH TO 15TH MARCH, 2023.

(Sen. Kathuri Murungi, MP)

THAT, the Senate notes the Report of the 146th Assembly of the Inter- Parliamentary Union (IPU) and Related Meetings, held in Manama, Kingdom of Bahrain, from 11th to 15th March, 2023, laid on the Table of the Senate on Tuesday 2nd May, 2023.

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……………/Notice

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1912)

NOTICE

The Senate resolved on 15th February, 2023 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. 105) TUESDAY, NOVEMBER 14, 2023 (1913)

APPENDIX

1. PETITIONS

i.) Report of the Standing Committee on Land, Environment and Natural Resources on a Petition to the Senate by residents of Chokaa Mihangó in Nairobi County regarding illegal demolition at Mihangó, Njiru Chokaa.

ii.) Report of the Standing Committee on Land, Environment and Natural Resources on a Petition to the Senate by three petitioners from the Lugari East Africa Tanning Extract Company, on behalf of the residents of the Mautuma Settlement Scheme concerning the degazettement of 1577.86 hectares of Lugari/Turbo forest in Kakamega County.

iii.) Report of the Standing Committee on Land, Environment and Natural Resources on a Petition to the Senate by Mr. Charles Waikwa on behalf of residents of Laikipia West Constituency regarding degazettement of Land Reference No. 12493 situated west of Rumuruti township in Laikipia County.

(The Chairperson, Standing Committee on Land, Environment and Natural Resources)

iv.) Report of the Standing Committee on Labour and Social Welfare on a Petition to the Senate by Mr. Elijah Mathungii on behalf of Supply Chain Management Assistants concerning discrimination against other health workers in the Ministry of Health.

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

2. PAPERS

i.) The Tenth (10th) State of the Nation Address by His Excellency the President delivered at a Joint Sitting of Parliament on Thursday, 9th November, 2023;

ii.) The Tenth (10th) Annual Report (2022/2023), on the Measures Taken and Progress Achieved in the Realization of National Values and Principles of Governance; and

iii.) The Annual Report to Parliament on the State of National Security, November 2023.

iv.) The 2023 Budget Review and Outlook Paper for the Financial Year 2024/2025 and Medium-Term Budget.

…………./Appendix

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1914)

v.) Report of the Auditor General on the financial statements of the Ikanga Level 4 Hospital, County Government of Kitui for the year ended 30th June, 2022.

vi.) Report of the Auditor General on the financial statements of the Kauwi Level 4 Hospital, County Government of Kitui for the year ended 30th June, 2022.

vii.) Report of the Auditor General on the financial statements of the Migwani Level 4 Hospital, County Government of Kitui for the year ended 30th June, 2022.

viii.) Report of the Auditor General on the financial statements of the Lumumba Sub-County Hospital, County Government of Kisumu for the year ended 30th June, 2022.

ix.) Report of the Auditor General on the financial statements of the Kisumu County Referral Hospital, County Government of Kisumu for the year ended 30th June, 2022.

x.) Report of the Auditor General on the financial statements of the Kericho County Referral Hospital, County Government of Kericho for the year ended 30th June, 2022.

xi.) Report of the Auditor General on the financial statements of the Londiani Sub-County Level 4 Hospital, County Government of Kericho for the year ended 30th June, 2022.

xii.) Report of the Auditor General on the financial statements of the Kwale Sub-County Level 4 Hospital, County Government of Kwale for the year ended 30th June, 2022.

xiii.) Report of the Auditor General on the financial statements of the Lungalunga Sub-County Hospital, County Government of Kwale for the year ended 30th June, 2022.

xiv.) Report of the Auditor General on the financial statements of the Msambweni County Referral Hospital, County Government of Kwale for the year ended 30th June, 2022.

(The Senate Majority Leader)

3. NOTICE OF MOTION - DEBATE ON THE PRESIDENT’S ADDRESS TO

PARLIAMENT

(The Senate Majority Leader)

…………./Appendix

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1915)

further that the Senate notes the following Reports submitted by His Excellency the President in fulfillment of Articles 132 (1) (c) and 240 (7) of the Constitution, laid on the Table of the Senate on Tuesday, 14th November, 2023 – i.) The Tenth (10th) State of the Nation Address by His Excellency the President delivered at a Joint Sitting of Parliament on Thursday, 9th November, 2023;

ii.) The Tenth (10th) Annual Report (2022/2023), on the Measures Taken and Progress Achieved in the Realization of National Values and Principles of Governance; and

iii.) The Annual Report to Parliament on the State of National Security, November 2023.

(The Senate Majority Leader)

4. QUESTIONS AND STATEMENTS

STATEMENTS

a) Pursuant to Standing Order 52(1)

Nominated Senator (Sen. Hamida Kibwana, MP) to make a statement concerning the launch of the Time Use Survey Report.

b) Pursuant to Standing Order 53(1)

i.) Nominated Senator (Sen. Esther Okenyuri, MP) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding theft and snatching of mobile phones and other electronic gadgets from unsuspecting Kenyans.

ii.) Seneta wa Kaunti ya Mombasa (Sen. Mohammed Mwinyihaji, Mb) kuomba kauli kutoka kwa Kamati ya Fedha na Bajeti kuhusu shirika la Kenya National Assurance (KNAC) ambalo liko katika hali ya upokeaji.

iii.) The Senator for Migori County (Sen. Eddy Oketch, MP) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the Kenya Defence Forces (KDF) recruitment exercises for years 2022 and 2023.

iv.) The Senator for Bungoma County (Sen. David Wakoli, MP) to seek a statement from the Standing Committee on Labour and Social Welfare concerning the delayed payment to agripreneurs engaged in data collection for the farmer registration exercise in Bungoma County.

…………./Appendix

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1916)

v.) The Senator for Bungoma County (Sen. David Wakoli, MP) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations concerning the shortage of birth certificate registration papers in Bungoma County.

vi.) The Senator for Bungoma County (Sen. David Wakoli, MP) to seek a statement from the Standing Committee on Labour and Social Welfare concerning policies governing appointment of persons in acting capacity in the public service sector.

vii.) Nominated Senator (Sen. Gloria Orwoba, MP) to seek a statement from the Standing Committee on Health regarding the mysterious disappearance of a child at Kayole II Level Four Sub-County Hospital.

viii.) The Senator for Taita Taveta County (Sen. Johnes Mwaruma, MP) to seek a statement from the Standing Committee on Education concerning the implementation of the presidential directive on lowering of entry requirements for diploma teacher training programmes.

ix.) The Senator for Taita Taveta County (Sen. Johnes Mwaruma, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources concerning the disregard of the conditions of allotment of Msambweni community land to Bata Shoe Company Limited.

x.) The Senator for Taita Taveta County (Sen. Johnes Mwaruma, MP) to seek a statement from the Standing Committee on Education concerning the completion status of Voi Girls School in Taita Taveta County.

xi.) The Senator for Taita Taveta County (Sen. Johnes Mwaruma, MP) to seek a statement from the Standing Committee on Finance and Budget regarding the status of pending bills in Taita Taveta County.

xii.) Nominated Senator (Sen. Hamida Kibwana, MP) to seek a statement from the Standing Committee on Health regarding the establishment of mental health unit desks in all institutions in Kenya.

xiii.) Nominated Senator (Sen. Crystal Asige, MP) to seek a statement from the Standing Committee on Education regarding the prevalence of corporal punishment in education institutions in the country.

xiv.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee on Roads, Transportation and Housing concerning the financial status of the Kenya Railways Corporation (KRC). …………./Appendix

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1917)

xv.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding the status of court construction projects in Kenya.

xvi.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee on Trade, Industrialization and Tourism regarding the financial status of the East African Portland Cement Company (EAPCC).

xvii.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources concerning unauthorized occupation and encroachment of land belonging to the Kenya National Trading Corporation (KNTC).

xviii.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee on Trade, Industrialization and Tourism regarding the financial status of the Kenyatta International Convention Centre (KICC).

c) Pursuant to Standing Order 56(1) (aa)

The Chairperson, Standing Committee on Roads, Transportation and Housing to make a statement on the progress made on the consideration of the following six Statements-

i. Statement by (Sen. Crystal Asige, MP) regarding retesting of drivers of Public Service Vehicle (PSV) upon expiry of their driving licenses;

ii. Statement sought by (Sen. Joseph Kamau, MP) regarding the construction status of the road connecting Lake Kenyatta Primary School to Uziwa Junction, Lamu County;

iii. Statement sought by (Sen. Kathuri Murungi. MP) on the progress of the evaluation of tenders and the commencement of dualling works of Meru Town Roads B66/A9 project Phase One;

iv. Supplementary information to a Statement by (Sen. Mohamed Faki, MP) on the illegal diversion of staff training funds from the accounts of the Kenya Maritime Authority;

v. Statement by (Sen. James Kamau Murango, MP) regarding speeding by drivers transporting miraa in parts of Kirinyaga County, and

…………./Appendix

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1918)

vi. Supplementary information to a Statement by Sen. Beatrice Ogolla, MP regarding death of boda boda riders and their passengers caused by sugarcane trailers of a local sugar miller (Sukari Industry) in Ndhiwa Constituency.

--------

………………/Notice Paper I

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1919)

NOTICE PAPER I

Tentative Business for

Wednesday, November 15, 2023

(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, November 15, 2023 (Morning Sitting)

A. QUESTIONS

QUESTION

NO.

SENATOR

SUBJECT

MINISTRY

018 Sen. James Lomenen, MP Inaction of the Kenyan Government to hasten the release of the Turkana pastoralists arrested in Uganda Foreign and Diaspora Affairs 030 Sen. Mwenda Gataya Mo Fire, MP Status of completion of stalled Project No. RWC 150/D474 for the construction of a road in Tharaka Nithi County Roads and Transport 047 Sen. Peris Tobiko,

CBS, MP

Absence of speed bumps along Imaroro- Isara route in Kajiado County

Roads and Transport 048 Sen. Peris Tobiko,

MP

Upgrading of Isinya- Konza road to bitumen standard

Roads and Transport 056 Sen. James Murango, MP CSR activities done by contractors undertaking road construction in Kirinyaga County Roads and Transport ………………./Notice Paper I

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1920)

060 Sen. James Murango, MP Status of completion of the stalled project of upgrading to bitumen standard of a road in Mwea Constituency, Kirinyaga County Roads and Transport 065 Sen. (Dr.) Boni Khalwale, MP Upgrade of Kakamega Airstrip to an international airport Roads and Transport 057 Sen. James Murango, MP Cases of human- wildlife conflict in Kirinyaga County Tourism and Wildlife 067 Sen. Kathuri Murungi, MP Delay in the disbursement of funds to the National Health Insurance Fund (NHIF) The National Treasury and Economic Planning

B. MOTIONS

i.)

DEBATE ON THE PRESIDENT’S ADDRESS TO PARLIAMENT – (2ND DAY)

(The Senate Majority Leader)

ii.)

DECLARATION OF CATTLE RUSTLING AS A NATIONAL DISASTER AND

ESTABLISHMENT OF A SPECIAL FUND FOR VICTIMS

(Sen. William Cheptumo, MP)

iii.)

REPOSSESSION OF MOVABLE ASSETS BY LENDING INSTITUTIONS DUE TO

NON-PERFORMING LOANS

(Sen. Wahome Wamatinga, MP)

iv.)

DESIGNATION OF A MONTHLY CAR FREE DAY AND COUNTY CAR FREE

ZONES

(Sen. Crystal Asige, MP)

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

………………/Notice Paper II

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1921)

NOTICE PAPER II

Tentative Business for

Wednesday, November 15, 2023

(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, November 15, 2023 (Afternoon Sitting)

A. BILLS AT THE COMMITTEE OF THE WHOLE

i.)

*THE COUNTY LICENSING (UNIFORM PROCEDURE) BILL (SENATE BILLS

NO. 9 OF 2022)

(Sen. Mariam Sheikh Omar, MP)

ii.) *THE AGRICULTURAL AND LIVESTOCK EXTENSION SERVICES BILL

(SENATE BILLS NO. 12 OF 2022)

(Sen. Maureen Tabitha Mutinda, MP)

iii.) *THE MUNG BEANS BILL (SENATE BILLS NO. 13 OF 2022) (Sen. Enoch Wambua, MP)

iv.) *THE START-UP BILL (SENATE BILLS NO. 14 OF 2022) (Sen. Crystal Asige, MP)

v.)

*THE PERSONS WITH DISABILITIES BILL (SENATE BILLS NO. 7 OF 2023)

(Sen. Crystal Asige, MP)

vi.) *THE KENYAN SIGN LANGUAGE BILL (SENATE BILLS NO. 9 OF 2023) (Sen. (Prof.) Margaret Kamar, MP and Sen. Crystal Asige, MP)

B. BILLS AT THE SECOND READING STAGE

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

NO. 17 OF 2023)

(Sen. Beatrice Ogolla, MP)

ii.) *THE COUNTY HALL OF FAME BILL (SENATE BILLS NO. 18 OF 2023) (Sen. Miraj Abdillahi Abdulrahman, MP)

iii.) *THE RICE BILL (SENATE BILLS NO. 19 OF 2023) (Sen. James Kamau Murango, MP)

………………/Notice Paper II

(No. 105) TUESDAY, NOVEMBER 14, 2023 (1922)

C. MOTIONS

i.) DEBATE ON THE PRESIDENT’S ADDRESS TO PARLIAMENT – (3RD AND

FINAL DAY)

(The Senate Majority Leader)

ii.) REPORT OF THE STANDING COMMITTEE ON HEALTH ON THE DEATH

OF THE LATE EDWARD OTIENO ONYANGO DUE TO ALLEGED MEDICAL

NEGLIGENCE

(The Chairperson, Standing Committee on Health)

iii.) REPORT OF THE STANDING COMMITTEE ON HEALTH ON THE DEATH

OF THE LATE MAUREEN ANYANGO AT MAMA LUCY KIBAKI HOSPITAL

DUE TO ALLEGED MEDICAL NEGLIGENCE

(The Chairperson, Standing Committee on Health)

iv.) REPORT OF THE STANDING COMMITTEE ON HEALTH ON THE

CIRCUMSTANCES THAT LED TO THE DEATH OF THE LATE MASTER

TRAVIS MAINA AT KENYATTA NATIONAL HOSPITAL

(The Chairperson, Standing Committee on Health)

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