Tuesday, March 28, 2023 At 2.30 P.m.

Thirteenth Parliament

Second Session (No. 019) (210)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE SENATE

ORDER PAPER

TUESDAY, MARCH 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 (as listed in the Appendix)
7. 7. Statements (as listed in the Appendix)

8.

*THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE BILLS

NO. 6 OF 2022)

(Sen. Danson Mungatana, MP)

(Second Reading) (Resumption of debate interrupted on Thursday, 9th March, 2023) (Division)

9.

*THE COUNTY VOCATIONAL EDUCATION AND TRAINING BILL (SENATE

BILLS NO. 3 OF 2022)

(Sen. Moses Kajwang’, MP)

(Second Reading) (Resumption of debate interrupted on Thursday, 23rd March, 2023) (Mover to reply)

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1. 10. *THE PRESERVATION OF HUMAN DIGNITY AND ENFORCEMENT OF

ECONOMIC AND SOCIAL RIGHTS BILL (SENATE BILLS NO. 7 OF 2022)

(Sen. Danson Mungatana, MP)

(Second Reading) (Resumption of debate interrupted on Thursday, 23rd March, 2023)

1. 11. *THE PROMPT PAYMENT BILL (SENATE BILLS NO. 8 OF 2022)

(Sen. Mariam Sheikh Omar, MP)

(Second Reading)

1. 12. *THE COUNTY LICENSING (UNIFORM PROCEDURE) BILL (SENATE

BILLS NO. 9 OF 2022)

(Sen. Mariam Sheikh Omar, MP)

(Second Reading)

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

2022) (Sen. Samson Cherarkey, MP)

(Second Reading)

1. 14. *THE AGRICULTURAL AND LIVESTOCK EXTENSION SERVICES BILL

(SENATE BILLS NO. 12 OF 2022)

(Sen. Maureen Tabitha Mutinda, MP)

(Second Reading)

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

(Sen. Wakili Hillary Sigei, MP)

(Second Reading)

1. 16. *THE KONZA TECHNOPOLIS BILL (SENATE BILLS NO. 2 OF 2023)

(Sen. Gloria Orwoba, MP)

(Second Reading)

1. 17. MOTION – THE DOPING MENACE THREATENING KENYA’S IMPECCABLE

GLOBAL REPUTATION IN ATHLETICS

(Sen. Samson Cherarkey, MP)

THAT, AWARE THAT in 2018 Kenya was placed under Category A by the world Anti-Doping Agency and since then forty Kenyan athletes have been banned by either the Athletics Integrity Unit (AIU) or the Anti – Doping Agency

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of Kenya (ADAK) and has led to a situation whereby the Kenyan athletes have to undergo intense testing before participating in major events and has immensely affected the reputation of the Kenyan athletes and the standing of Kenya in the international Sports arena where it currently ranks at number five;

CONCERNED THAT, despite the high number of alleged doping cases Kenya has only one World Anti- Doping Agency (WADA) approved blood testing laboratory forcing it to send urine tests to Qatar and South Africa for analysis and that the Anti- Doping Agency of Kenya (ADAK) is taking too long to address the doping menace which is likely to affect the state of preparedness for the athletes in the upcoming 2024 Olympic games in Paris;

NOW THEREFORE the Senate resolves that the Ministry of Youth, Sports and Arts:-

a. Come up with modalities that can help achieve increased testing, intelligence gathering on athletes and doping awareness programmes;

b. In collaboration with Athletics Kenya (AK) and National Olympic Committee of Kenya (NOCK) to vet all training camps, coaches, trainers and other athlete handlers;

c. Initiate investigations at Anti – Doping Agency Kenya (ADAK) to identify and sanction all responsible officers liable for the menace of doping;

d. In collaboration with the Directorate of Criminal Investigations and the Ethics and Anti – Corruption Commission finalize pending investigations and recommend prosecution of individuals involved in giving this banned substance to athletes; and

e. In collaboration with the Ministry of Health to identify and revoke licenses for medics, pharmacies and hospitals responsible for the prescription of the commonly abused drugs by the athletes.

(Resumption of debate interrupted on Tuesday 14th March, 2023 – Balance of time – 2hrs 42mins)

1. 18. MOTION – PROVISION OF FREE SANITARY TOWELS TO END PERIOD

POVERTY

(Sen. Gloria Orwoba, MP)

THAT, AWARE THAT period poverty refers to the common challenge plaguing women globally wherein they are unable to attend schools or work as a cause of a lack of funds for sanitary products that is both a health risk and a signal of gender inequity; ………………../Motion

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FURTHER AWARE THAT in rural Kenya, 2 out of 3 pad users receive pads from sexual partners and 65 percent of women and girls can’t afford sanitary pads, forcing them to use alternative materials like grass, cotton wool and cloth which lack adequate absorbent qualities resulting in frequent leakage and hygiene issues;

CONCERNED THAT period poverty also referred to as the “shadow pandemic” contributes to global and regional gender inequity, as women are forced to solicit help from men in order to satisfy a basic health need with 10% of 15-year-old girls having sex to pay for sanitary products;

FURTHER CONCERNED THAT, data from the Ministry of Education indicates that a girl that is absent from school for four days a month loses 13 learning days, equivalent to two weeks of learning in every school term, translating to 39 learning days or six weeks of learning time in a term and up to 18 of 108 weeks in primary and 24 weeks of 144 weeks of learning in secondary school;

NOTING THAT, while the Government, through the State Department for Gender Affairs was charged with the responsibility of procuring and distributing sanitary towels for 3.7 million girls in public primary schools, special primary and secondary schools in the country at a cost of Kshs. 470 million during the 2017/2018 Financial year, which amount needs to be increased in order to fully address and mitigate the problem;

NOW THEREFORE, the Senate resolves that the Ministry of Public Service, Gender and Affirmative Action in partnership with the Ministry of Education and the Council of Governors to:-

1. 1. facilitate provision of feminine hygiene products in all public schools;
2. 2. ensure that all schools that don’t have bathrooms that facilitate

privacy, cleanliness or proper disposal of hygiene products are properly equipped;

1. 3. create awareness and take advocacy measures on reproductive health

issues related to period poverty;

1. 4. include in the curriculum a dedicated lesson per week to teach girls

on menstrual hygiene; and

1. 5. ensure that sanitary products will be obtainable timely, consistently,

and in a way that respects the dignity of concerned persons.

(Resumption of debate interrupted on Tuesday 28th February, 2023 – Balance of time – 2hrs 41mins)

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1. 19. 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 Thursday, 16th March, 2023 – Balance of time – 2hrs 53mins)

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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.

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

1. 1. PETITION

Petition to the Senate by Mrs. Zipporah C.K. Seroney concerning mistreatment, harassment, property loss and human rights violation meted on the family of the late Hon. Jean Marie Seroney.

(Sen. Samson Cherarkey, MP)

1. 2. NOTICES OF MOTION

i.)

AMENDMENT OF THE SENATE CALENDAR FOR THE SECOND

SESSION

(The Senate Majority Leader)

THAT, notwithstanding the Resolution of the Senate on the approval of the Senate Calendar made on 16th February, 2023 and noting the Resolution of the Senate made on Thursday, 23rd March, 2023, on the Fifth Report of the Procedure and Rules Committee (PRC) on the amendments to the Standing Orders of the Senate; and pursuant to Standing Order 32 (4), the Senate resolves to amend its Calendar (Regular Sessions) of the Senate for the Second Session, 2023 to provide for morning sittings on Wednesdays pursuant to Standing Order 34.

ii.)

ACCELERATING

THE

IMPLEMENTATION

OF

SUSTAINABLE

DEVELOPMENT GOALS (SDGs) (Sen. Catherine Mumma, MP)

AWARE THAT, the 2030 agenda for Sustainable Development adopted by all United Nations Member States in 2015 provides a shared global blueprint aimed at ending poverty , protecting the earth’s environment and climate and ensuring that people everywhere enjoy peace and prosperity;

APPRECIATING THAT, the implementation of the 2030 agenda for Sustainable Development in Kenya started by the official launch of the Sustainable Development Goals (SDGs) in Kenya in 2016 followed by the development of the Country SDGs roadmap to guide the transition from Millennium Development Goals to SDGs and the mainstreaming of the SDGs at both the National and County Governments;

CONCERNED THAT , the implementation of the 2030 agenda for sustainable Development in Kenya has been affected negatively by

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shocks such as continued drought since 2019 in Kenya and around the world, serious invasion by desert locusts, the COVID-19 pandemic and other public health calamities and the current strained state of the Kenyan economy;

NOW THEREFORE, the Senate resolves that the State Department for Economic Planning in consultation with the Council of Governors comes up with reviewed implementation roadmaps for the two levels of Government taking into account the shocks that have impeded or any other that are likely to impede the implementation of the 2030 agenda for Sustainable Development.

1. 3. STATEMENTS

a) Pursuant to Standing Order 52(1)

Nominated Senator (Sen. Hezena Lemaletian, MP) to make a statement concerning the water crisis in northern parts of Kenya.

b) Pursuant to Standing Order 53(1)

i) The Senator for Vihiga County (Sen. Godfrey Osotsi, MP) to seek a statement from the Standing Committee on Finance and Budget regarding the disbursement of funds to County Governments.

ii) The Senator for Nairobi City County (Sen. Edwin Sifuna, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources regarding illegal and irregular misallocation of public community land in Buruburu Phase 5.

iii) The Senator for Nairobi City County (Sen. Edwin Sifuna, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources regarding claims of illegal allocation of public utility plots and open spaces in Woodley Estate in Nairobi City County.

iv) The Senator for West Pokot County (Sen. Julius Murgor, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources concerning the grabbing of land belonging to Kanyarkwat Group Ranch in West Pokot County.

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v) The Senator for Embu County (Sen. Alexander Mundigi, MP) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the state of affairs at the Horticultural Crops Directorate under the Agriculture and Food Authority (AFA).

vi) The Senator for Embu County (Sen. Alexander Mundigi, MP) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries concerning the state of Macadamia nut production and marketing in Kenya.

vii) The Senator for Nandi County (Sen. Samson Cherarkey, MP) to seek a statement from the Standing Committee on Labour and Social Welfare regarding alleged mismanagement, irregular procurement and misuse of funds at the Sports, Arts and Social Development Fund (SASDEF).

viii) The Senator for Kirinyaga County (Sen. James Murango, MP) to seek a statement from the Standing Committee on Labour and Social Welfare concerning the state of labour export from Kenya.

ix) The Senator for Kirinyaga County (Sen. James Murango, MP) to seek a statement from the Standing Committee on Trade, Industrialization and Tourism regarding the marketing of Kenyan produce in foreign markets.

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NOTICE PAPER

Tentative Business for

Tuesday, March 28, 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, March 28, 2023.

1. 1. THE COMMITTEE OF THE WHOLE

*THE PARLIAMENTARY POWERS AND PRIVILEGES (AMENDMENT) BILL

(SENATE BILLS NO. 5 OF 2022)

(Sen. Danson Mungatana, MP)

1. 2. MOTIONS

i.)

INSTITUTION OF MEASURES TO CURB INCESSANT HIGH

ELECTRICITY COSTS IN KENYA

(Sen. Mohamed Chute, MP)

ii.)

ENHANCING HIGHWAY SAFETY AND CONVENIENCE

(Sen. Wahome Wamatinga, MP and Sen. Mohamed Faki, MP)

iii.)

DROUGHT MITIGATION PROGRAMME IN PUBLIC SCHOOLS

(Sen. Enoch Wambua, MP)

iv.)

REPORT OF THE 61ST SESSION OF THE ORGANISATION OF AFRICAN,

CARRIBEAN

AND

PACIFIC

STATES

(OACPS)

PARLIAMENTARY

ASSEMBLY AND THE 42ND SESSION OF THE OACPS -EU JOINT

PARLIAMENTARY ASSEMBLY HELD IN MAPUTO, MOZAMBIQUE ON

23RD OCTOBER TO 2ND NOVEMBER, 2022

(Sen. Tabitha Mutinda, MP)

v.)

RECORD OF THE PROCEEDINGS OF THE FIRST ORDINARY SESSION

OF THE SIXTH PARLIAMENT OF THE PAN-AFRICAN PARLIAMENT

(PAP) HELD IN GALLAGHER CONVENTION CENTRE, MIDRAND,

SOUTH AFRICA ON 23RD OCTOBER – 12TH NOVEMBER, 2022.

(Sen. Danson Mungatana, MP)

vi.)

BAN ON THE CULTIVATION OF EUCALYPTUS TREES ON RIPARIAN

LANDS

(Sen. James Kamau Murango, MP)

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