Wednesday, May 24, 2023 At 9.30 A.m.

Thirteenth Parliament

Second Session (No. 039) (570)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE SENATE

ORDER PAPER

MORNING SITTING

WEDNESDAY, MAY 24, 2023 AT 9.30 A.M.

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 - ADOPTION OF THE REPORT OF THE STANDING COMMITTEE

ON DEVOLUTION AND INTERGOVERNMENTAL RELATIONS ON A

STATEMENT

SOUGHT

ON

THE

RELOCATION

OF

NATIONAL

GOVERNMENT ADMINISTRATIVE SERVICES FROM CHUKA TOWN TO

KATHWANA COUNTY HEADQUARTERS, THARAKA NITHI COUNTY.

(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 a Statement sought on the relocation of National Government administrative services from Chuka town to Kathwana County Headquarters, Tharaka Nithi County laid on the Table of the Senate, on Wednesday 19th April, 2023.

(Resumption of debate interrupted on Wednesday, 3rd May, 2023 – Afternoon Sitting)

…………………./Motion

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9.

MOTION - COMPENSATION TO THE KENYAN VICTIMS OF THE 1998

BOMBING OF THE UNITED STATES EMBASSY IN NAIROBI

(Sen. Agnes Kavindu Muthama, MP)

THAT, AWARE THAT, disaster is defined as an overwhelming event and circumstance that tests the adaptation of responses of a community or individuals beyond their capability and leads momentarily to massive disruption of function for a community or individual that often exceeds their capacity to cope using existing resources;

FURTHER AWARE THAT, such was the case with the 1998 US Embassy Bomb disaster in Nairobi in which many of the Kenyan casualties resulted from the collapse of adjacent buildings located within a two to three block radius, and with reverberations being felt in most parts of Nairobi that resulted in 213 Kenyans and 12 Americans killed and over 5000 citizens of both countries being seriously injured;

NOTING THAT, US Allies, including Kenya, have endured the great burden of death, and long-term and in many instances permanent, physical and psychological injury;

FURTHER NOTING THAT, the United States Government has since compensated some of the victims and families of US citizens, leaving the families of Kenyan citizens and certain other victims uncompensated;

NOW, THEREFORE, the Senate resolves that the Ministry of Foreign Affairs:

(i) Advances friendship and co-operation between the United States and Kenya by supporting the eligibility of Kenyan and American victims and their personal representatives, surviving spouses and next of kin in the Victim Compensation Fund pursuant to the Justice for United States Victims of State Sponsored Terrorism Act; and

(ii) Partners with the Ministry of Health to explore subsidized medical treatment for the surviving victims of the bomb blast.

(Resumption of debate interrupted on Tuesday, 2nd May, 2023 – Balance of time – 1hr 46mins)

………………./Motion

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1. 10. MOTION – INSTITUTION OF MEASURES TO CURB INCESSANT HIGH

ELECTRICITY COSTS IN KENYA

(Sen. Mohamed Chute, MP)

THAT, AWARE THAT energy is an essential factor of production and its total consumption is a major determinant of performance of the economy with its cost and reliability spurring or stifling economic growth;

FURTHER AWARE THAT there has been a significant growth in the demand for electricity in Kenya driven by economic growth and increased efforts towards rural electrification while the supply has been constrained due to, among other factors, the overreliance on hydro-electric power generating plants that have been negatively impacted by perennial drought experienced in the country;

NOTING THAT the imbalance in the demand and supply of power coupled with payments by the Kenya Power and Lighting Company (KPLC) for produced power not consumed and fluctuation in the foreign exchange rates contribute to the high cost of electricity;

APPRECIATING THAT Kenya has made strides in diversifying its power sources with geothermal plants, offering tremendous potential for zero- carbon source of power, already producing nearly one (1) Gigawatt (GW) of power;

CONCERNED THAT private power generating companies popularly referred to as Independent Power Producers (IPPs) only supply 28% of power to KPLC but account for 47% of power purchase costs calling for the need to enhance energy management in Kenya;

NOW THEREFORE the Senate resolves that the:

a) Standing Committee on Energy to undertake an inquiry into: -

i. Contracts signed by IPPs, detailing the cost, capacity and duration of the contractual agreements and their implications on affordability of electricity in the country;

ii. Discrepancy in the cost of electricity sold to Kenya Power by KenGen, imports from Ethiopia and IPPs; and

………………./Motion

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iii. The diversion of the electricity generated by Lake Turkana Wind Power to the national grid, bypassing the inadequately supplied northern frontier counties of Marsabit and Samburu.

b) Ministry of Energy to come up with a policy framework aimed at:-

i. Lowering the cost of electricity as a way of addressing the high cost of living; and

ii. Enhancing clean energy by switching to renewable sources of energy such as geothermal power, wind energy, among others as a way of reducing the carbon footprint.

1. 11. MOTION – BAN ON THE CULTIVATION OF EUCALYPTUS TREES ON

RIPARIAN LANDS

(Sen. James Kamau Murango, MP)

THAT, AWARE THAT the Constitution of Kenya acknowledges the Nation’s respect for the environment and obligates the State to eliminate processes and activities that are likely to endanger it;

FURTHER AWARE THAT there has been extensive cultivation of eucalyptus trees in Kenya owing to their rapid growth, high biomass yield, and adaptability to a wide range of climatic regimes and soil types;

CONCERNED THAT eucalyptus trees require high amounts of water through their growth, have deep root systems that extract water from the soil at a rapid rate and their cultivation on riparian land depletes the water in the riparian ecosystem, often resulting in the drying up of streams, aggravating the effects of climate change, particularly the infrequent and insufficient rainfall currently being experienced in the country;

NOW THEREFORE the Senate urges the Ministry of Environment, Climate Change and Forestry in coordination with the National Environment Management Authority to:

i. develop and implement a policy framework to guide the cultivation of eucalyptus trees with the aim of mitigating their adverse effect on the environment; and

ii. undertake a systematic nation-wide removal program for eucalyptus tree cultivations on riparian lands.

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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 further that fifteen minutes before the time expires, the Mover shall be called upon to reply.

………………/Appendix

(No. 039) WEDNESDAY, MAY 24, 2023 (MORNING SITTING) (575)

APPENDIX

QUESTIONS AND STATEMENTS

QUESTIONS

Question No. 015- The Senator for Marsabit County (Sen. Mohamed

Said Chute, MP) to ask the Cabinet Secretary for

Investments, Trade and Industry: - (a) Could the Cabinet Secretary state the type and quantity of goods being imported by corporations and individuals prequalified by the Kenya National Trading Corporation (KNTC)?

(b) What is the procedure used by KNTC to identify and prequalify companies which import the goods, and could the Cabinet Secretary state how many were awarded business, those currently importing goods, and indicate the type and packaging of these commodities being imported during FY 2021/2022 and

FY 2022/2023?

(c) Could the Cabinet Secretary disclose the financial state of KNTC, and also indicate how much has been paid to the respective suppliers and how much is outstanding?

Question No.017- The Senator for Turkana County (Sen. James Lomenen, MP) to ask the Cabinet Secretary for Energy and Petroleum: -

(a) What are the reasons for the Government’s delay in disbursing funds from the sale of crude oil in 2019 to Chem China International (UK) to the Turkana County Government and the local community, despite the enactment of the Petroleum Act No. 2 of 2019?

(b) What plans does the Government have to ensure the Turkana Community receive their fair share of the oil revenue, and could the Cabinet Secretary provide a timeline for this?

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………………/Notice Paper

(No. 039) WEDNESDAY, MAY 24, 2023 (MORNING SITTING) (576)

NOTICE PAPER

Tentative Business for

Wednesday, May 24, 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, May 24, 2023 (Afternoon Sitting)

A. BILLS AT THE SECOND READING STAGE

i.) *THE PROMPT PAYMENT BILL (SENATE BILLS NO. 8 OF 2022) (Sen. Mariam Sheikh Omar, MP)

ii.) *THE LEARNERS WITH DISABILITIES BILL (SENATE BILLS NO. 4 OF 2023) (Sen. (Prof.) Margaret Kamar, MP and Sen. Crystal Asige, MP)

iii.) *THE COTTON INDUSTRY DEVELOPMENT BILL (SENATE BILLS NO. 5

OF 2023)

(Sen. Beth Syengo, MP)

iv.) *THE COUNTY BOUNDARIES BILL (SENATE BILLS NO. 6 OF 2023) (Sen. Moses Kajwang’ MP)

v.) *THE PERSONS WITH DISABILITIES BILL (SENATE BILLS NO. 7 OF 2023) (Sen. Crystal Asige, MP)

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

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

B. BILLS AT COMMITTEE OF THE WHOLE

i.) **THE EQUALIZATION FUND APPROPRIATION BILL (SENATE BILLS NO.

3 OF 2023)

(The Chairperson, Standing Committee on Finance and Budget)

………………/Notice Paper

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ii.) *THE COUNTY VOCATIONAL EDUCATION AND TRAINING BILL (SENATE

BILLS NO. 3 OF 2022)

(Sen. Moses Kajwang’, MP)

C. MOTIONS

i.) INCORPORATION OF INTELLIGENT WATER MANAGEMENT SYSTEMS IN

BUILDING PLANS FOR SUSTAINABLE LIVING

(Sen. Wahome Wamatinga, MP)

ii.) REVIEW OF THE MINIMUM WAGE NECESSITATED BY HIGH COST OF

LIVING

(Sen. Karen Nyamu, MP)

iii.) ACCELERATING THE IMPLEMENTATION OF SUSTAINABLE DEVELOPMENT GOALS (SDGs) (Sen. Catherine Mumma, MP)

iv.) ARBITRARY ARRESTS OF KENYAN FISHERMEN BY UGANDAN

AUTHORITIES

(Sen. (Dr.) Oburu Oginga, MP)

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