Wednesday, July 19, 2023 At 9.30 A.m.

Thirteenth Parliament

Second Session (No. 060) (1098)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE SENATE

ORDER PAPER

MORNING SITTING

WEDNESDAY, JULY 19, 2023 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 - INCORPORATION OF INTELLIGENT WATER MANAGEMENT

SYSTEMS IN BUILDING PLANS FOR SUSTAINABLE LIVING

(Sen. Wahome Wamatinga, MP)

THAT, AWARE THAT water is an essential yet scarce resource whose demand is increasing rapidly due to population growth, urbanization, and industrialization, and whose wastage has become an issue that needs to be addressed urgently owing to Kenya’s vulnerability to climate change;

NOTING THAT there is a growth in the number of buildings coming up to accommodate the rapidly growing population thereby posing a challenge to water management;

APPRECIATING THAT the incorporation of water management systems in building plans include a variety of techniques and technologies such as rainwater harvesting, waste water recycling, low-flow plumbing, and sensor systems that detect leaks and (de)activate water flow when necessary thereby optimizing the use of water by eliminating water overexploitation, waste water management, and pollution;

……………../Motion

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NOW THEREFORE the Senate urges the Ministry of Lands, Public Works, Housing and Urban Development in coordination with the Council of Governors and the National Environment Management Authority to:

i. incorporate into the building code and standards a requirement for intelligent water management systems in all building plans; and

ii. undertake a systematic nation-wide renovation to government- owned buildings to incorporate water management systems.

(Resumption of debate interrupted on Wednesday, 14th June, 2023 – morning sitting) (Balance of time 1hr 23mins)

1. 9. MOTION

-

INTEGRATION

OF

ETHNIC

MINORITIES

AND

MARGINALIZED COMMUNITIES IN KENYA

(Sen. William Cheptumo, MP)

AWARE THAT, Kenya is a multi-ethnic country with a rich diversity of cultures, languages and traditions;

FURTHER AWARE THAT, ethnic minorities and marginalized communities face significant social, economic and political challenges including discrimination, marginalization and exclusion;

ACKNOWLEDGING THAT Articles 10 (2)b, 21(3), 27, 56, 91(1)(e), 100, 174(e), 177(1) (c),204(3)(b),216(4) and the Fifth Schedule to the Constitution of Kenya obligate the state to promote and protect the welfare of ethnic minorities and marginalized communities;

APPRECIATING THAT, the Government has put in place policies, legal and institutional frameworks including affirmative action programs to address the needs of other special interest groups namely children, persons with disabilities (PWDS), youth, women and the elderly;

CONCERNED THAT, ethnic minorities and marginalized communities remain largely unaddressed through similar interventions due to lack of an existing national policy and legislative framework;

NOW THEREFORE the Senate resolves that the Ministry of Public Service, Gender and Affirmative Action, the National Gender and Equality Commission and any other relevant state departments in collaboration with the Council of Governors: -

……………../Motion

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i.) Initiate measures to identify and address the specific needs and challenges faced by ethnic minorities and marginalized communities in Kenya; and

ii.) Develop and implement national policy and legislative framework for the integration of ethnic minorities and marginalized communities in Kenya as envisaged in the Constitution of Kenya.

1. 10. MOTION - DECLARATION OF CATTLE RUSTLING AS A NATIONAL

DISASTER AND ESTABLISHMENT OF A SPECIAL FUND FOR VICTIMS

(Sen. William Cheptumo, MP)

THAT AWARE THAT, cattle rustling 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 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;

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 to:

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

(ii) Establishes extent of loss and damage the cattle rustling 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 and settle all internally displaced persons occasioned by the menace.

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………………/Notice

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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

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………………/Appendix

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QUESTIONS AND STATEMENTS

QUESTIONS

(i) Question No. 021

Nominated Senator (Sen. George Mbugua, MP) to ask the Cabinet Secretary for Education: -

(a) What are the reasons for the delay in reviewing the Basic Education Act, 2013 to align it with the Constitution and the Convention on the Rights of Persons with Disabilities (UNCRPD), to address the right to inclusive education for learners with disabilities and special needs?

(b) Could the Cabinet Secretary provide a status report on the operationalization of the National and County Education Boards, as stipulated in the Act?

(c) What specific policy guidelines are in place to ensure the implementation of the home-based education programme, as stipulated in the Sector Policy for Learners and Trainees with Disabilities (2018) and, could the Cabinet Secretary state the number of beneficiaries, teachers involved in the programme as well as the amount of funds utilized from 2020 to date?

(d) Could the Cabinet Secretary provide the reasons for non- implementation of the policy, and state the measures in place to ensure the full implementation of the policy during the 2023/2024 financial year?

(ii) Question No. 027

Nominated Senator (Sen. Joyce Korir, MP) to ask the Cabinet Secretary for Education: -

(a) Why has project W.P Item No-D106RV/BM/1502 Job No-101117A for the construction of a Library Block, hostels, a Multipurpose Hall and Lecture Halls at Bomet University stalled for almost a year?

(b) What measures is the Government taking to ensure the completion of the project?

(c) Could the Cabinet Secretary provide an update on the findings of the Task Force that was established to address the issue of tarmacking of the grounds adjacent to the Library Block, the hostels, the Multipurpose Hall and Lecture Halls at the institution? ………………/Appendix

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(iii) Question No. 034

Nominated Senator (Sen. Peris Tobiko, CBS, MP) to ask the Cabinet Secretary for Education: -

(a) Could the Cabinet Secretary state the purpose of the Grade Six (6) Kenya Primary School Education Assessment (KPSEA), providing a per-county breakdown of learners in both public and private schools that sat for the assessment in the 2022 academic year and indicating how many of them transitioned to Junior Secondary Schools?

(b) What criteria did the Ministry apply in the placement of learners in Junior Secondary Schools and when will the learners in Grade Seven (7) transition to the existing secondary schools?

(c) What is the status of implementation of the Competency Based Curriculum (CBC), particularly in Junior Secondary Schools, in view of the concerns that minimal to no learning is taking place?

(d) To what extent has the Ministry availed resources to facilitate proper learning in Junior Secondary Schools, and could the Cabinet Secretary provide per-county details of the implementation of CBC, including capitation for learners in the schools, distribution of learning materials, teacher to learner ratio as well as infrastructure put up so far?

(iv) Question No. 035

Nominated Senator (Sen. Mariam Omar Sheikh, MP) to ask the Cabinet Secretary for Education: -

(a) Is the Cabinet Secretary aware that Muslim students in some public schools are not allowed to wear Hijab and trousers, in addition to the prescribed school uniform, particularly at the Kenya High School and Alliance Girls’ High School, thereby forcing some of them to seek admission in other schools?

(b) Why are the students being discriminated against despite the clear provision in Article 32 (4) of the Constitution that “A person shall not be compelled to act, or engage in any act, that is contrary to the person’s belief or religion”?

(c) What action is the Government taking to ensure inclusivity in all public-funded schools and enjoyment of the Constitutional right by students who come from religious backgrounds that require additional attire meant to protect and safeguard their honour? ………………/Appendix

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(v) Question No. 037

The Senator for Nandi County (Sen. Samson Cherarkey, MP) to ask the Cabinet Secretary for Education: -

(a) Could the Cabinet Secretary state the amount of funds allocated as capitation to all public primary and secondary schools in the financial year 2022/2023, indicating the amount already disbursed as well as the amount outstanding?

(b) Could the Cabinet Secretary explain the procedure in the disbursement of the funds to the schools and indicate measures the Government has put in place to ensure timely disbursement of the funds?

(c) Why are parents with children in public schools required to buy learning materials, when such materials ought to be provided by the Government?

(d) Could the Cabinet Secretary provide a list of all pre-qualified suppliers of textbooks and other learning materials, indicating the total amount owed in pending bills to the suppliers and the respective schools and companies involved?

(vi) Question No. 038

The Senator for Nandi County (Sen. Samson Cherarkey, MP) to ask the Cabinet Secretary for Education: -

(a) Could the Cabinet Secretary provide an update on the status of the delocalization programme, that entails the transfer of teachers from their native place of birth to another locality?

(b) What are the reasons for the delayed reversal of the delocalization policy by the Teachers Service Commission (TSC), following TSC’s commitment to do so in January 2023?

(c) Could the Cabinet Secretary state the total number of teachers from Nandi County awaiting the reversal?

(vii) Question No. 039

The Senator for Nandi County (Sen. Samson Cherarkey, MP) to ask the Cabinet Secretary for Education: -

(a) Could the Cabinet Secretary indicate when a lifestyle audit was conducted last on senior officers at the Teachers Service Commission (TSC), including the Chief Executive Officer? ………………/Appendix

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(b) Are there plans by the Government to conduct further lifestyle audits on senior officers at the TSC, and if so, provide a timeline for this?

(viii) Question No. 040

The Senator for Nandi County (Sen. Samson Cherarkey, MP) to ask the Cabinet Secretary for Education: -

(a) Could the Cabinet Secretary state the total amount owed by the Teachers Service Commission (TSC) to teachers’ SACCOS and the two (2) trade unions namely, the Kenya Union of Post Primary Education Teachers (KUPPET) and the Kenya National Union of Teachers

(KNUT)?

(b) Why has TSC delayed the remittance of union and SACCO dues for teachers, and could the Cabinet Secretary provide a timeline for the remittance of the dues?

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………………/Notice Paper

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NOTICE PAPER

Tentative Business for

Wednesday, July 19, 2023 (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, July 19, 2023 (Afternoon Sitting).

A. BILLS AT COMMITTEE OF THE WHOLE

i.)

*THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE

BILLS NO. 6 OF 2022) (Division) (Sen. Danson Mungatana, MP)

ii.)

*THE COTTON INDUSTRY DEVELOPMENT BILL (SENATE BILLS

NO. 5 OF 2023) (Division)

(Sen. Beth Syengo, MP)

iii.)

*THE EMPLOYMENT (AMENDMENT) BILL (SENATE BILLS NO. 11 OF

2022) (Division)

(Sen. Samson Cherarkey, MP)

iv.)

*THE LEARNERS WITH DISABILITIES BILL (SENATE BILLS NO. 4 OF

2023) (Sen. (Prof.) Margaret Kamar, MP and Sen. Crystal Asige, MP)

B. BILLS AT THE FIRST READING STAGE

i.)

***THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 16 OF 2023)

(The Senate Majority Leader)

ii.)

***THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL

(NATIONAL ASSEMBLY BILLS NO. 23 OF 2023)

(The Senate Majority Leader)

C. BILLS AT THE SECOND READING STAGE

i.)

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

2023) (Sen. Crystal Asige, MP)

………………../Notice Paper

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ii.)

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

2023) (The Chairperson, Standing Committee on Labour and Social Welfare)

iii.)

*THE KENYAN SIGN LANGUAGE BILL (SENATE BILLS NO. 9 OF

2023) (Sen. (Prof.) Margaret Kamar, MP and Sen. Crystal Asige, MP)

iv.)

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

(Chairperson, Standing Committee on Agriculture, Livestock and Fisheries)

v.)

*THE PREVENTION OF LIVESTOCK AND PRODUCE THEFT BILL

(SENATE BILLS NO.12 OF 2023)

(Sen. Samson Cherarkey, MP)

D. MOTIONS

i.)

DESIGNATION OF A MONTHLY CAR FREE DAY AND COUNTY CAR

FREE ZONES

(Sen. Crystal Asige, MP)

ii.)

ADOPTION OF THE 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.)

ADOPTION OF THE 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.)

ADOPTION OF THE 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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