Wednesday, October 19, 2022 At 2.30 P.m.

Thirteenth Parliament

First Session (No. 009) (075)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FIRST SESSION)

THE SENATE

ORDER PAPER

WEDNESDAY, OCTOBER 19, 2022 AT 2.30 PM

PRAYER

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages (as listed in the Appendix)
4. 4. Petitions
5. 5. Papers (as listed in the Appendix)
6. 6. Notices of Motion
7. 7. Statements (as listed in the Appendix)
8. 8. MOTION - APPROVAL OF SENATORS TO SERVE IN THE COUNTY PUBLIC

ACCOUNTS COMMITTEE; COUNTY PUBLIC INVESTMENTS AND SPECIAL

FUNDS

COMMITTEE;

AND

THE

COMMITTEE

ON

DELEGATED

LEGISLATION

(The Senate Majority Leader)

THAT, pursuant to Standing Order Nos.193, 194, 195, and 199 the Senate approves the following Senators nominated by the Senate Business Committee to serve in Select Committees of the Senate as follows –

A. County Public Accounts Committee

1. 1. Sen. Samson Kiprotich Cherarkey, MP
2. 2. Sen. John Muhia Methu, MP
3. 3. Sen. Mariam Sheikh Omar, MP
4. 4. Sen. Mwenda Gataya Mo Fire, MP
5. 5. Sen. Moses Otieno Kajwang’, MP
6. 6. Sen. Fatuma Adan Dullo, CBS, MP
7. 7. Sen. Richard Momoima Onyonka, MP
8. 8. Sen. Edwine Watenya Sifuna, MP
9. 9. Sen. Andrew Omtatah Okoiti, MP

……………./Motions

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B. County Public Investments and Special Funds Committee

1. 1. Sen. Onesimus Kipchumba Murkomen, EGH, MP
2. 2. Sen. Paul Karungo Thangwa, MP
3. 3. Sen. Maureen Tabitha Mutinda, MP
4. 4. Sen. Miraj Abdullahi Abdulrahman, MP
5. 5. Sen. Eddy Gicheru Oketch, MP
6. 6. Sen. Ledama Olekina, MP
7. 7. Sen. Hamida, Kibwana MP
8. 8. Sen. (Prof.) Tom Odhiambo Ojienda, SC, MP
9. 9. Sen. Godrey Atieno Osotsi, MP

C. Committee on Delegated Legislation

1. 1. Sen. Mwenda Gataya Mo Fire, MP
2. 2. Sen. Danson Buya Mungatana, MP
3. 3. Sen. Gloria Magoma Orwoba, MP
4. 4. Sen. Joyce Chepkoech Korir, MP
5. 5. Sen. Julius Murgor Recha, MP
6. 6. Sen. Daniel Kitonga Maanzo, MP
7. 7. Sen. Mohamed Faki Mwinyihaji, MP
8. 8. Sen. Betty Batuli Montet, MP
9. 9. Sen. Agnes Kavindu Muthama, MP

(Resumption of debate interrupted on Tuesday 18th October, 2022)

1. 9. MOTION - PARKING CHARGES IN INSTITUTIONS OFFERING ESSENTIAL

SERVICES TO THE PUBLIC

(Sen. Edwine Sifuna, MP)

THAT, AWARE THAT, many urban areas and towns in Kenya lack designated car parking areas as a result of imbalance between parking supply and demand mainly due to ineffective land use planning and miscalculations of space requirements, thereby leading to exorbitant parking fees;

NOTING THAT, most essential services offered in hospitals, educational institutions, airports, shopping malls and other public utilities are offered in urban centers, and other designated areas that charge parking fees to access;

ACKNOWLEDGING, that whether they are delivered by public or private providers, essential services such as health, banking, education, shopping and other utilities are considered to be public services because they are public goods that sustain the well-being of every citizen and help in the development of the society as a whole;

CONCERNED, that access to hospitals, educational institutions, airports, shopping malls and other places offering essential services might be hindered due to exorbitant parking fees levied on motorists accessing these services;

……………./Motions

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FURTHER CONCERNED, that charging entry fees amount to double taxation as the motorists who would have paid the parking fees will still pay for the services they seek;

NOW THEREFORE, the Senate urges the Cabinet Secretary for Lands, Housing and Physical Planning together with the Council of Governors to come up with a policy framework to create an enabling environment for protection of motorists accessing essential services from paying exorbitant parking fees.

1. 10. MOTION - PROMOTION OF MENTAL HEALTH FACILITIES FOR MOTHERS

(Sen. Hamida Kibwana, MP)

THAT, AWARE THAT according to the World Health Organization, globally 10% of pregnant women and 13% of women who have just given birth experience a mental condition, referred to as perinatal depression, which is higher in developing countries with 15.6% during pregnancy, and 19.8% after child birth;

FURTHER AWARE that women who go through still birth and those that lose their children during delivery are taken to the general maternity ward where other mothers with healthy babies are recovering, causing them mental anguish and adversely impacting their mental health;

NOTING THAT integrating mental health care into primary healthcare settings requires training in psychiatric care and providing consulting support to primary care providers, considering that there are not enough mental health care providers to meet the current and growing need for mental health services;

APPRECIATING THAT the Health Act under section 6 (1) (b) provides that every person has a right to reproductive health care which includes the right of access to appropriate health care services that will enable mothers go safely through pregnancy, childbirth, and the postpartum period which should include the integration of mental health in perinatal care as recommended by the National Mental Health Taskforce in its “Mental Health and Wellbeing towards Happiness and National Prosperity” report;

NOW THEREFORE, the Senate urges the Ministry of Health in collaboration with the Council of Governors to:

(i) ensure that all county health facilities with maternity wings, allocate a separate ward for recovery for the mothers who have gone through still birth or those that have lost their babies during delivery;

(ii) facilitate continuous mental health training and the provision of counselling support in the perinatal wards for all primary care providers in all counties; ……………./Motions

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(iii) establish counselling facilities at all county health facilities with maternity wings to provide counselling therapy to mothers who lose their children through a miscarriage, during delivery, or through still birth; and,

(iv) establish counselling facilities at all county health facilities with maternity wings to provide counselling therapy to mothers who are suffering from perinatal and postpartum depression.

--xx--

………………./Notice

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NOTICE

The Senate resolved on 5th October, 2022 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.

--xx--

…..……../Appendix

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APPENDIX

1. 1. MESSAGE

Message from the National Assembly on the appointment of members to the Joint Committee on election of members to the East African Legislative Assembly (EALA). (The Speaker of the Senate)

1. 2. PAPERS

i.) Report of the Auditor General on the Financial Statements of County Executive of Nyandarua for the year ended 30th June, 2021.

ii.) Report of the Auditor General on the Financial Statements of Maasai Mara Community Support Fund for the year ended 30th June, 2021.

iii.) Report of the Auditor General on the Financial Statements of Turkana County Executive for the year ended 30th June, 2021.

iv.) Report of the Auditor General on the Financial Statements of Turkana County Assembly for the year ended 30th June, 2021.

v.) Report of the Auditor General on the Financial Statements of Lamu County Executive for the year ended 30th June, 2021. . vi.) Report of the Auditor General on the Financial Statements of Lamu County Assembly for the year ended 30th June, 2021.

vii.) Report of the Auditor General on the Financial Statements of Lamu County Fisheries Revolving Fund for the year ended 30th June, 2021.

viii.) Report of the Auditor General on the Financial Statements of Lamu County Bursary & Scholarship Fund for the year ended 30th June, 2021.

ix.) Report of the Auditor General on the Financial Statements of Lamu County Emergency Fund for the year ended 30th June, 2021.

x.) Report of the Auditor General on the Financial Statements of Kericho County Executive for the year ended 30th June, 2021.

xi.) Report of the Auditor General on the Financial Statements of Kericho County Assembly for the year ended 30th June, 2021.

…..……../Appendix

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xii.) Report of the Auditor General on the Financial Statements of Garissa County Executive for the year ended 30th June, 2021.

xiii.) Report of the Auditor General on the Financial Statements of Garissa County Assembly for the year ended 30th June, 2021.

xiv.) Report of the Auditor General on the Financial Statements of Garissa County Scholarship Fund for the year ended 30th June, 2021.

xv.) Report of the Auditor General on the Financial Statements of Garissa County Investment Development Authority for the year ended 30th June, 2021.

xvi.) Report of the Auditor General on the Financial Statements of Garissa County Emergency Fund for the year ended 30th June, 2021.

xvii.) Report of the Auditor General on the Financial Statements of Gatamathi Water & Sanitation Company Ltd for the year ended 30th June, 2021.

xviii.) Report of the Auditor General on the Financial Statements of Gatanga Community Water Scheme for the year ended 30th June, 2021.

xix.) Report of the Auditor General on the Financial Statements of Murang’a South Water & Sanitation Company Ltd for the year ended 30th June, 2021.

xx.) Report of the Auditor General on the Financial Statements of Kahuti Water & Sanitation Company Ltd (Murang’a) for the year ended 30th June, 2021.

xxi.) Report of the Auditor General on the Financial Statements of Elgeyo Marakwet County Executive for the year ended 30th June, 2021.

xxii.) Report of the Auditor General on the Financial Statements of Elgeyo Marakwet County Assembly for the year ended 30th June, 2021.

xxiii.) Report of the Auditor General on the Financial Statements of Bungoma County Executive for the year ended 30th June, 2021.

xxiv.) Report of the Auditor General on the Financial Statements of Bungoma County Assembly for the year ended 30th June, 2021.

xxv.) Report of the Auditor General on the Financial Statements of Nandi County Executive for the year ended 30th June, 2021.

…..……../Appendix

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xxvi.) Report of the Auditor General on the Financial Statements of Nandi County Assembly for the year ended 30th June, 2021.

xxvii.) Report of the Auditor General on the Financial Statement of Kiambu County Executive for the year ended 30th June, 2021.

xxviii.) Report of the Auditor General on the Financial Statements of Kiambu County Assembly for the year ended 30th June, 2021.

xxix.) Report of the Auditor General on the Financial Statements of Kiambu County Assembly Staff Mortgage Scheme Fund for the year ended 30th June, 2021.

xxx.) Report of the Auditor General on the Financial Statements of Ruiru- Juja Water & Sewerage Company Ltd for the year ended 30th June, 2021.

xxxi.) Report of the Auditor General on the Financial Statements of Kikuyu Water Company Ltd for the year ended 30th June, 2021.

xxxii.) Report of the Auditor General on the Financial Statements of County Executive of Nairobi City for the year ended 30th June, 2021.

xxxiii.) Report of the Auditor General on the Financial Statements of County Assembly of Nairobi City for the year ended 30th June, 2021.

xxxiv.) Report of the Auditor General on the Financial Statements of Wajir County Executive for the year ended 30th June, 2021.

xxxv.) Report of the Auditor General on the Financial Statements of Wajir County Assembly for the year ended 30th June, 2021.

xxxvi.) Report of the Auditor General on the Financial Statements of Kisumu County Executive for the year ended 30th June, 2021.

xxxvii.) Report of the Auditor General on the Financial Statements of Kisumu County Assembly for the year ended 30th June, 2021.

xxxviii.) Report of the Auditor General on the Financial Statements of Busia County Assembly for the year ended 30th June, 2021.

xxxix.) Report of the Auditor General on the Financial Statements of Kwale County Executive for the year ended 30th June, 2021.

xl.) Report of the Auditor General on the Financial Statements of Kwale County Assembly for the year ended 30th June, 2021.

…..……../Appendix

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xli.) Report of the Auditor General on the Financial Statements of Kwale County Trade Revolving Fund for the year ended 30th June, 2021.

xlii.) Report of the Auditor General on the Financial Statements of Kwale County Youth, Women & Persons with Disability Revolving Fund for the year ended 30th June, 2021.

xliii.) Report of the Auditor General on the Financial Statements of Kwale County Disaster Management Fund for the year ended 30th June, 2021.

xliv.) Report of the Auditor General on the Financial Statements of Kwale County Bursary Fund for the year ended 30th June, 2021.

(The Senate Majority Leader)

1. 3. STATEMENTS

a) Pursuant to Standing Order 53 (1)

i.) The Senator for Taita Taveta County (Sen. Johnes Mwaruma, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources concerning the incessant human-wildlife conflict in Taita Taveta County.

ii.) The Senator for Vihiga County (Sen. Godfrey Osotsi, MP) to seek a statement from the Standing Committee on Health regarding the state of healthcare service provision at the Vihiga County Hospital.

iii.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee on Energy regarding the status of viability of the Lake Turkana Wind Power project.

iv.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the process of acquisition and distribution of relief supplies to Marsabit County.

v.) The Senator for Samburu County (Sen. (Dr.) Lelegwe Ltumbesi, MP) to seek a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the drought and famine crisis in the Arid and Semi-Arid areas (ASAL).

vi.) Nominated Senator (Sen. Hamida Kibwana, MP) to seek a statement from the Standing Committee on Health concerning circumstances that led to the death of Master Travis Maina at the Kenyatta National Hospital.

…..……../Appendix

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vii.) The Senator for Narok County (Sen. Ledama Olekina, MP) to seek a statement from the Standing Committee on Finance and Budget regarding own source revenue collected on behalf of the Narok County Government by the Kenya Airports Parking Services (KAPS), Regional Business Connection Limited (RBC) and any other designated revenue collector.

viii.) The Senator for Tharaka Nithi County (Sen. Mwenda Gataya Mo Fire, MP) to seek a statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the relocation of government/administration services from Chuka Town to Kathwana Town Headquarters in Tharaka Nithi County.

ix.) The Senator for Tharaka Nithi County (Sen. Mwenda Gataya Mo Fire, MP) to seek a statement from the Standing Committee on Land, Environment and Natural Resources concerning the diversion of rivers originating from Nyambene Hills and Mount Kenya by the locals in the neighbouring Meru County.

x.) Nominated Senator (Sen. Gloria Orwoba, MP) to seek a statement from the Standing Committee on Information, Communication and Technology concerning allegations of data protection in the Sim Card registration process.

b) 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, 25th October, 2022.

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