Thursday, November 17, 2022 At 9.30 A.m.

Thirteenth Parliament

First Session (No. 018) (162)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FIRST SESSION)

THE SENATE

ORDER PAPER

THURSDAY, NOVEMBER 17, 2022 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 (as listed in the Appendix)
6. 6. Notices of Motion (as listed in the Appendix)
7. 7. Statements (as listed in the Appendix)
8. 8. ELECTION OF MEMBERS TO THE EAST AFRICAN LEGISLATIVE

ASSEMBLY

1. 9. **THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS (NO. 2)

BILL (SENATE BILLS NO. 4 OF 2022)

(The Chairperson, Standing Committee on Finance and Budget)

(Second Reading)

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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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APPENDIX

1. 1. PAPERS

i.) Report of the Auditor General on the Financial Statement of Nairobi City Water & Sewerage Company Ltd for the year ended 30th June, 2021

ii.) Council of Governors Annual Statutory Report for Financial Year 2021/2022

(The Senate Majority Leader)

1. 2. NOTICE OF MOTIONS

i.) PLIGHT OF KENYAN DOMESTIC WORKERS IN THE MIDDLE

EAST

(Sen. Veronica Nduati, MP)

THAT, AWARE THAT foreign workers from developing countries make up a large majority of the Gulf's labour, a trend driven in Kenya by the high rate of youth unemployment which stands at 34.21%, forcing young Kenyans to continue to go beyond our borders in pursuit of lucrative employment opportunities;

FURTHER AWARE THAT the Kafala or sponsorship system found in the Gulf Cooperation Council (GCC) countries such as, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, Jordan and Lebanon, defines the relationship between foreign workers and their local sponsor, under which the state gives local individuals or companies, sponsorship permits to employ foreign labourers, and covers travel expenses and provides housing, in the case of domestic workers in the sponsor’s home;

APPRECIATING THAT the Kenyan recruitment process of domestic workers for Saudi Arabia involves a number of stakeholders including the Saudi employers, the Saudi Arabia Employment Agencies, Ministry of Labour (Labour Department), National Employment Authority (NEA), National Industrial Training Authority (NITA), prospective domestic workers, Kenya Private Employment Agencies (KPEA), Saudi Arabian Embassy and the immigration Department;

NOTING THAT numerous Kenyan migrant domestic workers in Saudi Arabia have documented various forms of abuses including passport confiscation, physical abuse, sexual abuse, sleep deprivation, food deprivation, labour exploitation, imprisonment prior to deportation, religious intolerance and psychological abuse leading to some of these workers losing their lives;

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COGNIZANT THAT Articles 10, 11, & 14 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families adopted on 18 December, 1990 espouses that no migrant worker shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, shall be held in slavery or servitude, or be subjected to arbitrary or unlawful interference with his or her privacy, family, correspondence or other communications, or to unlawful attacks on his or her honour and reputation, and the right to the protection of the law against such interference or attacks;

FURTHER APPRECIATING THAT staffing shortages and inadequate funding faced by the labour attaches in Saudi Arabia hinder the effective supervision of migrant workers in distress, lack of safe houses, lack of a comprehensive mechanism to handle labour disputes, and a lack of a legal framework defining the roles of migrant workers in order to adhere to the terms of their contracts, are some of the challenges that need to be overcome;

CONCERNED THAT under the Bilateral Labour Agreement (BLA) between the Government of Kenya (Gok) and the Government of the Kingdom of Saudi Arabia (KSA) on the recruitment of domestic workers that was developed and adopted in January 2016, Kenya was obligated to provide qualified and medically fit workers needed by Saudi Arabia according to the job specifications, and in turn Saudi Arabia was obligated to ensure that the welfare and rights of employers and domestic workers employed in the Kingdom are promoted and protected in accordance with the applicable rules and regulations which has not been the case, including the enforcement of rest hours and the identity and work permits remaining in the possession of the migrant worker;

NOW THEREFORE, the Senate resolves that the Ministries of Interior and National Administration, Labor and Social Protection, Foreign Affairs & Diaspora Affairs, Immigration Department, the National Employment Authority (NEA), the National Industrial Training Authority (NITA) and the Kenya Private Employment Agencies (KPEA) cease all travel by Kenyan migrant workers to the Gulf states with immediate effect until: -

1. 1. the Ministry of Labour and Social Protection amends the

national labour migration regulatory framework policy to address labour exportation management;

1. 2. the Ministry of Labour and Social Protection, and the

Ministry of Foreign Affairs & Diaspora Affairs adopt/ratify the multilateral declarations relating to the protection of

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workers such as the International Labour Organisation (ILO) Domestic Workers Convention, 2011 (No. 189) and the Private Employment Agencies Convention, 1997 (No. 181);

1. 3. the establishment of functional overseas labour offices for

the administration and enforcement of the Ministry of Labour and Social Protection policies for migrant workers;

1. 4. a review of the Bilateral Agreement between the

Government of Kenya, and the Kingdom of Saudi Arabia by the Ministry of Foreign Affairs & Diaspora Affairs to adequately address identified gaps and emerging issues;

1. 5. there are established safe houses to serve as central huts

of welfare and assistance to migrant workers and temporary shelters for overseas Kenyans in distress; and,

1. 6. any Kenyan in distress, and in particular, Hellen Kemunto,

is rescued and brought back to Kenya from Riyadh, Saudi Arabia.

ii.) DROUGHT AND HUNGER MITIGATION IN TURKANA COUNTY (Sen. James Lomenen Ekomwa, MP)

THAT, AWARE THAT Turkana County continues to experience extremely dry weather conditions with the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) reporting that the aggregate rainfall for the six-month period ending September 2022 represented only 21 percent of the normal rainfall;

FURTHER AWARE THAT the prevailing weather conditions have resulted in the drying up of wells, boreholes, loss of pasture, and crops, therefore rendering any form of farming impracticable;

ACKNOWLEDGING

THAT

the residents of the County are predominantly pastoralists who keep cattle, donkeys, camels, and goats for food and income, and that the loss of these livestock is a loss of livelihood for them;

NOTING THAT the prevailing drought has resulted in the death of more than half of the livestock in the County thereby pushing eight hundred thousand residents to the brink of starvation and resulting in the highest ever rate of acute malnutrition in the County at 33%;

FURTHER NOTING THAT residents have been forced into migration with their livestock in search of pasture and water which has exposed them to raids by bandits and resulting in children dropping out of school;

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CONCERNED THAT droughts have been recorded in the County since the 1960s and that the frequency of their occurrences has progressively increased with drought in the County becoming a yearly phenomenon;

COGNIZANT THAT Article 43 of the Constitution of Kenya, 2010, stipulates the rights of every person to be free from hunger, to have adequate food of acceptable quality, and to clean and safe water in adequate quantities, and obliges the State to provide social security to persons unable to support themselves and their dependants;

FURTHER COGNIZANT THAT Article 11 of the United Nation’s International Covenant on Economic, Social and Cultural Rights (ICESCR) places further emphasis on the fundamental right to food and obliges the State to take progressive steps towards achieving full realization of the right to adequate food;

NOW THEREFORE the Senate urges the Ministries of Agriculture and Livestock Development; Water, Sanitation, and Irrigation; Education, and the Ministry of East African Community (EAC), the ASALs and Regional Development through the National Drought Management Authority, to come up with a policy framework to address the perennial drought in the County and to come up with policy programs addressing the current needs of the County to include: -

i) a roll out of a Rapid Response Initiative (RRI) programme of providing foodstuffs to the affected residents of the County to address immediate critical needs;

ii) an introduction of feeding programme in schools across the County;

iii) the drilling of water boreholes; and

iv) an institution of a livestock off-take programme to buy weak livestock.

1. 3. STATEMENTS PURSUANT TO STANDING ORDER 53 (1)

i.) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the death of cage fish in Lake Victoria, Kisumu County.

ii.) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the challenges faced by sugarcane farmers and the decline of the sugar industry in Kisumu County. …..……../Appendix

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iii.) The Senator for Wajir County (Sen. Abbas Mohamed, MP) to seek a statement from the Standing Committee on Energy concerning the state of power supply in Wajir County.

iv.) The Senator for Vihiga County (Sen. Godfrey Osotsi, MP) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the drought situation and relief food distribution in Kenya.

v.) The Senator for Nandi County (Sen. Samson Cherarkey, MP) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the lack of A-Series passports at the department of immigration.

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NOTICE PAPER

Tentative Business for

Thursday, November 17, 2022 (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 Thursday, November 17, 2022 (Afternoon Sitting).

MOTIONS

i.) State of Food Security in Kenya (Sen. Mwenda Gataya Mo Fire, MP)

ii.) Plight of Kenyan Domestic Workers in the Middle East (Sen. Veronica Nduati, MP)

iii.) Drought and Hunger Mitigation in Turkana County (Sen. James Lomenen Ekomwa, MP)

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