Order Paper - Thursday 28.09.2023.pdf

Thirteenth Parliament

Second Session (No. 085) (1518)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE SENATE

ORDER PAPER

THURSDAY, SEPTEMBER 28, 2023 AT 2.30 PM

PRAYER

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

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

NO. 9 OF 2022)

(Sen. Mariam Sheikh Omar, MP)

1. 9. COMMITTEE OF THE WHOLE

****THE PRIMARY HEALTH CARE BILL (SENATE BILLS NO. 44 OF 2023)

(The Senate Majority Leader)

1. 10. ***THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL

(NATIONAL ASSEMBLY BILLS NO. 23 OF 2023)

(The Senate Majority Leader)

(Second Reading)

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

(Sen. Moses Kajwang’ MP)

(Second Reading)

…………./Bills

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

(SENATE BILLS NO. 13 OF 2023)

(Sen. James Murango, MP) (Second Reading)

1. 13. *THE COMMUNITY HEALTH SERVICES BILL (SENATE BILLS NO. 24 OF

2023) (Sen. Moses Kajwang’, MP)

(Second Reading)

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

(Sen. Miraj Abdillahi Abdulrahman, MP)

(Second Reading)

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……………/Key

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KEY

****- Denotes a Majority /Minority Party Bill

***- Denotes a National Assembly Bill

**- Denotes a Committee Bill

*- Denotes any other Bill

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………………/Notice of Amendments

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

NO. 9 OF 2022)

(Sen. Mariam Sheikh Omar, MP)

NOTICE is given that the Chairperson, Standing Committee on Trade, Tourism and Industrialization, intends to move the following amendments to the County Licensing (Uniform Procedures) Bill, (Senate Bills No. 32 of 2020), at the Committee Stage-

CLAUSE 4

THAT clause 4 of the Bill be amended by inserting the following new paragraph immediately after paragraph (d)— (e) establishing and implementing a system that designates different codes for the different categories of licences issued by that authority.

CLAUSE 6

THAT clause 6 of the Bill be amended by— (a) inserting the words “producers, suppliers and service providers” immediately after the words “rights of consumers” appearing in paragraph (a); and (b) inserting the following new paragraph immediately after paragraph (e)— (f) ensure that each category of the licences offered by the county government is designated a unique code.

CLAUSE 16

THAT clause 16 of the Bill be amended in subclause (3) by inserting the following new paragraph immediately after paragraph (a)— (aa) the code of the category of the licence.

CLAUSE 23

THAT clause 23 of the Bill be amended in subclause (3) by inserting the following new paragraph immediately after paragraph (b)— (c) make the register accessible to the public online.

CLAUSE 24

THAT clause 24 of the Bill be amended by inserting the following new subclause immediately after subclause (5)—

………………/Notice of Amendments

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(6) Pursuant to section 20(1)(a) and (c) of the Intergovernmental Relations Act, the Council of County Governors shall provide a platform for consultation and collaboration by county governments in – (a) establishing a system to facilitate the effective implementation of this Act; and (b) establishing and implementing harmonised processes for issuance of licences and imposition of fees where goods are transported across different counties.

CLAUSE 28

THAT clause 28 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (c)— (ca) a coding system for all categories of licences issued by the county government.

NEW CLAUSE

THAT the Bill be amended by inserting the following new clause immediately after clause 26— Breach of the Act. 26A. A person who contravenes a provision of this Act commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months or to both.

B. ****THE PRIMARY HEALTH CARE BILL (SENATE BILLS NO. 44 OF 2023)

(The Senate Majority Leader)

NOTICE is given that the Chairperson, Standing Committee on Health, intends to move the following amendments to the Primary Health Care Bill, 2023, (Senate Bills No. 44 of 2023), at the Committee Stage—

CLAUSE 5

THAT clause 5 of the Bill be amended in subclause (2) by deleting the word “and” appearing immediately after the words “of first aid” in paragraph (e) and substituting therefor the word “for”.

CLAUSE 13

THAT clause 13 of the Bill be amended by deleting the introductory clause and substituting therefor the following new introductory clause—

………………/Notice of Amendments

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The Cabinet Secretary Shall—

CLAUSE 14

THAT clause 14 of the Bill be amended in subclause (2) by-

(a) deleting paragraph (f) and substituting therefor the following paragraph—

(f) the Director of the Kenya Medical College or their representative;

(b) inserting the following new paragraph immediately after paragraph (g)—

(ga) the chief executive officer of the Kenya Health Professional Oversight Authority or their representative;

CLAUSE 15

THAT clause 15 of the Bill be amended in paragraph (c) by deleting the words “and remuneration” appearing immediately after the words “for the facilitation”.

CLAUSE 19

THAT clause 19 of the Bill be amended in subclause (1) by deleting the words “in accordance with the Kenya Community Health Policy” appearing at the end of the subclause.

CLAUSE 20

THAT clause 20 of the Bill be amended—

(a) in subclause (1) by deleting the words “special interest” appearing immediately after the words “a representative of” in paragraph (c) and substituting therefor the word “vulnerable”; and (b) in subclause (3) by inserting the words “renewable once” at the end of the subclause.

CLAUSE 21

THAT clause 21 of the Bill be amended by inserting the following new subclause immediately after subclause (2)—

………………/Notice of Amendments

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(3) Despite section 9, a person appointed as a community health volunteer at the commencement of this Act shall be deemed to be appointed as a community health promoter under this Act.

CLAUSE 23

THAT clause 23 of the Bill be amended by inserting the words “in consultation with county governments” immediately after the words “Cabinet Secretary shall”.

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…………./Appendix

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APPENDIX

1. 1. PETITIONS

i.) Petition to the Senate by the Cultural Environmental Care Society (CECARE) concerning the conversion of Land LR NO. 209/2378/1 Pumwani Majengo, from public to private land.

(The Speaker of the Senate)

ii.) Petition to the Senate by Muindi Mbingu Memorial Ngelani Association concerning historical injustices suffered by residents of Ngelani area in Machakos County during the colonial period.

(Sen. Agnes Kavindu, MP)

1. 2. QUESTIONS AND STATEMENTS

STATEMENTS

a) Pursuant to Standing Order 52 (1)

i.) The Senator for Bungoma County (Sen. David Wafula Wakoli, MP) to make a statement concerning the plight of Kenyans who are stranded in Malaysia.

ii.) The Senator for Turkana County (Sen. James Lomenen, MP) to make a statement concerning the untapped potential of Lake Turkana’s blue economy.

iii.) Nominated Senator (Sen. Catherine Mumma, MP) to make a statement concerning the sustainable exploitation of natural resources in Turkana County.

b) Pursuant to Standing Order 53(1)

i.) The Senator for Nyeri County (Sen. Wahome Wamatinga, MP) to seek a statement from the Standing Committee on Trade, Industrialization and Tourism concerning the regulation of the scrap metal industry in Kenya.

ii.) The Senator for Nyeri County (Sen. Wahome Wamatinga, MP) to seek a statement from the Standing Committee on Education concerning the circumstances leading to the death of Master Caleb Odanga while on a school trip.

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iii.) The Senator for Nyeri County (Sen. Wahome Wamatinga, MP) to seek a statement from the Standing Committee on Health regarding the institution of measures to safeguard families of patients suffering from brain stem death.

iv.) Nominated Senator (Sen. George Mbugua, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources regarding the leasing of idle public land to farmers.

v.) The Senator for Kiambu County (Sen. Karungo Thangwa, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources regarding the mitigation efforts by government to control the overflow of Karimenu II dam.

vi.) The Senator for Baringo County (Sen. William Cheptumo, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources regarding the settlement of outstanding compensation claims for deaths and injuries caused by snake bites.

vii.) Nominated Senator (Sen. Catherine Mumma, MP) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding measures put in place to address the state of insecurity in Turkana County.

viii.) The Senator for Turkana County (Sen. James Lomenen, MP) to seek a statement from the Standing Committee on Roads, Transportation and Housing concerning the status of construction of the Lodwar court building in Turkana County.

ix.) The Senator for Turkana County (Sen. James Lomenen, MP) to seek a statement from the Standing Committee on Education concerning the burning of schools in Turkana County by suspected armed bandits.

x.) The Senator for Turkana County (Sen. James Lomenen, MP) to seek a statement from the Standing Committee on Roads, Transportation and Housing concerning the state of rural roads in Turkana County.

c) 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, 3rd October, 2023.

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………………/Notice Paper

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NOTICE PAPER

Tentative Business for

Tuesday, October 03, 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 Tuesday, October 03, 2023

A. BILLS AT THE SECOND READING STAGE

i.) ****THE COUNTY GOVERNMENTS (REVENUE RAISING PROCESS)

BILL (SENATE BILLS NO. 22 OF 2023)

ii.) ***THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL

(NATIONAL ASSEMBLY BILLS NO. 23 OF 2023)

(The Senate Majority Leader)

iii.) **THE HERITAGE AND MUSEUMS BILL (SENATE BILLS NO. 8 OF 2023) (The Chairperson, Standing Committee on Labour and Social Welfare)

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

(SENATE BILLS NO.12 OF 2023)

(Sen. Samson Cherarkey, MP)

B. MOTION

DROUGHT MITIGATION PROGRAMME IN PUBLIC SCHOOLS

(Sen. Enoch Wambua, MP)

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