Thursday, May 08, 2025 At 2.30 P.m.

Thirteenth Parliament

Fourth Session (No. 042) (703)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FOURTH SESSION)

THE SENATE

ORDER PAPER

THURSDAY, MAY 08, 2025 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 (as listed in the Appendix)
5. 5. Papers
6. 6. Notices of Motion
7. 7. Questions and Statements (as listed in the Appendix)

8.

MOTION - CONSOLIDATION OF BURSARY FUNDS FOR EQUITABLE

ACCESS TO EDUCATION IN KENYA

(Sen. Karungo Thangwa, MP)

THAT AWARE THAT, Pursuant to Article 53 of the Constitution, every child in Kenya is entitled to free and compulsory basic education, and the Basic Education Act provides that, basic education should be guided by principles such as equitable access to all youth and equal access to education or institutions;

FURTHER AWARE THAT, many students in secondary schools and higher education institutions come from financially disadvantaged backgrounds, making it difficult for them to afford school fees and access education opportunities;

NOTING THAT, over the years, various interventions have been made, including the issuance of bursaries through the National Government Constituency Development Fund (NCDF), National Government Affirmative Action Fund (NGAAF), the Ministry of Education and county governments through various county bursary funds;

CONCERNED THAT, despite these efforts, schools fees remain unaffordable for many parents and the allocation of bursaries has been plagued by nepotism, favoritism, and political manipulation, lack of transparency and accountability;

………../Motion

(No. 042) THURSDAY, MAY 08, 2025 (704)

FURTHER CONCERNED THAT public learning institutions are primarily funded by the Government through the Ministry of Education, and in the financial year 2024/25, approximately Kshs. 656 billion was allocated to the education sector, making it difficult to ascertain the specific funds granted to each student and that the lack of transparency in the disbursement of bursaries from various agencies makes it difficult to determine the total amount allocated in a financial year, thus hindering efforts to ensure equitable access to education for financially disadvantaged students;

NOW THEREFORE, the Senate urges the Ministry of Education, to:

1) audit the funds allocated to bursaries by both the National Government and county governments;

2) consolidate the funds distributed by various government entities and agencies, with the aim of directing these funds directly to schools as supplementary capitation to facilitate the achievement of free secondary education; and

3) calculate the cost of education per learner and make this information public for primary, secondary, and tertiary institutions, including a detailed breakdown of the annual financial requirements for each student across the country.

(Resumption of debate interrupted on Wednesday, 7th May, 2025 – Morning Sitting) (Question to be proposed) (Balance of time – 2 hours 34 minutes)

9.

MOTION – REPORT OF THE STANDING COMMITTEE ON FINANCE AND

BUDGET ON THE FOURTH BASIS FOR ALLOCATING THE SHARE OF

NATIONAL REVENUE AMONG COUNTIES

(The Chairperson, Standing Committee on Finance and Budget)

THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the Fourth Basis for Allocating the Share of National Revenue Among the Counties, laid on the Table of the Senate on Thursday, 17th April, 2025, and that pursuant to Article 217(1) of the Constitution, approves the Fourth Basis for Allocating the Share of National Revenue Among the Counties for the Financial Years 2025/2026 to 2029/2030 as follows- County Allocation = (Baseline Allocation Ratio*Ksh.387.425 billion) + {[(0.45*Population Index) + (0.35*Equal Share Index) + (0.12*Poverty Index) + (0.08*Geographical Size Index)] *Additional County Equal Share above the baseline}.

………../Motion

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Where – i. Baseline =Ksh.387.425 billion being the equitable share for the Financial Year 2024/2025;

ii. Baseline Allocation Ratio = The allocation factor derived from each County’s allocation for the Financial Year 2024/2025;

iii. The Population Index is based on the 2019 Kenya Population and Housing Census (KPHC);

iv. The Poverty Index is based on the 2022 Kenya Poverty Report by the Kenya National Bureau of Statistics (KNBS);

v. Geographical Size is capped at 10%.

1. 10. *THE CREATIVE ECONOMY SUPPORT BILL (SENATE BILLS NO. 30 OF

2024) (Sen. Eddy Oketch, MP)

(Second Reading) (Resumption of debate interrupted on Wednesday, 7th May, 2025 – Afternoon Sitting)

1. 11. *THE PROVISION OF SANITARY TOWELS BILL (SENATE BILLS NO. 7 OF

2024) (Sen. Gloria Orwoba, MP)

(Second Reading) (Resumption of debate interrupted on Wednesday, 16th April, 2025 – Afternoon Sitting) (Division)

1. 12. *THE SPORTS (AMENDMENT) BILL (SENATE BILLS NO. 33 OF 2024)

(Sen. Edwin Sifuna, MP)

(Second Reading) (Resumption of debate interrupted on Thursday, 17th April, 2025) (Division)

1. 13. *THE SPORTS (AMENDMENT) (NO. 2) BILL (SENATE BILLS NO. 45 OF

2024) (Sen. (Prof.) Tom Ojienda, MP and Sen. Raphael Chimera, MP)

(Second Reading) (Resumption of debate interrupted on Wednesday, 7th May, 2025 – Afternoon Sitting) (Division)

………../Motions

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1. 14. MOTION - CONSIDERATION OF THE REPORT OF THE STANDING

COMMITTEE ON HEALTH ON A PETITION TO THE SENATE BY MS. MERCY

JEPCHIRCHIR REGARDING ALLEGED MEDICAL NEGLIGENCE AND STAFF

INCOMPETENCE WHICH LED TO THE DEATH OF MS. ANNITA JEPKORIR

AT THE MOI TEACHING AND REFERRAL HOSPITAL

(The Chairperson, Standing Committee on Health)

THAT, the Senate adopts the Report of the Standing Committee on Health on a Petition to the Senate by Ms. Mercy Jepchirchir regarding alleged medical negligence and staff incompetence which led to the death of Ms. Annita Jepkorir at the Moi Teaching and Referral Hospital, laid on the Table of the Senate on Wednesday, 7th May, 2025.

1. 15. MOTION - PROGRESS REPORT OF THE STANDING COMMITTEE ON

DEVOLUTION

AND

INTERGOVERNMENTAL

RELATIONS

ON

THE

OPERATIONAL AND LEADERSHIP CRISIS AFFECTING THE COUNTY

ASSEMBLY OF NYAMIRA

(The Chairperson, Standing Committee on Devolution and Intergovernmental Relations)

THAT, the Senate adopts the Progress Report of the Standing Committee on Devolution and Intergovernmental Relations on the operational and leadership crisis affecting the County Assembly of Nyamira, laid on the table of the Senate on Thursday, 17th April, 2025.

16.

MOTION - REPORTS OF THE STANDING COMMITTEE ON DEVOLUTION

AND INTERGOVERNMENTAL RELATIONS ON ITS INQUIRY INTO THE

STATE OF MARKETS IN VIHIGA AND BUNGOMA COUNTIES ARISING

FROM A STATEMENT SOUGHT BY SEN. GODFREY OSOTSI, MP AND SEN.

DAVID WAKOLI, MP

(The Chairperson, Standing Committee on Devolution and Intergovernmental Relations)

THAT, the Senate adopts Reports of the Standing Committee on Devolution and Intergovernmental Relations on its inquiry into the state of markets in Vihiga and Bungoma counties arising from statements sought by Sen. Godfrey Osotsi, MP, and Sen. David Wafula Wakoli, MP laid on the Table of the Senate on Tuesday, 1st October, 2024.

17.

MOTION - PROGRESS REPORT OF THE STANDING COMMITTEE ON

NATIONAL

COHESION,

EQUAL

OPPORTUNITY

AND

REGIONAL

INTEGRATION INTO AN INQUIRY ON THE DIVERSITY AND INCLUSIVITY

IN THE STAFF COMPOSITION OF STATE AGENCIES IN KENYA

(The Chairperson, Standing Committee on National Cohesion, Equal Opportunity and Regional Integration)

THAT, the Senate adopts Progress Report of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration into an inquiry on the diversity and inclusivity in the staff composition of state agencies in Kenya, laid on the Table of the Senate on Thursday, 3rd October, 2024. ………../Motions

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18.

MOTION - REPORT OF THE STANDING COMMITTEE ON HEALTH ON THE

COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS TO TAITA

TAVETA, MOMBASA AND KWALE COUNTIES.

(The Chairperson, Standing Committee on Health)

THAT, the Senate adopts the Report of the Standing Committee on Health on the County Oversight and Networking Engagements to Taita Taveta, Mombasa and Kwale Counties, laid on the Table of the Senate on Thursday, 5th December, 2024.

19.

MOTION - REPORT OF THE STANDING COMMITTEE ON HEALTH ON THE

INSPECTION TOUR OF HEALTH FACILITIES IN WEST POKOT, TRANS

NZOIA AND TURKANA COUNTIES.

(The Chairperson, Standing Committee on Health)

THAT, the Senate adopts the Report of the Standing Committee on Health on the inspection tour of health facilities in West Pokot, Trans Nzoia and Turkana Counties, laid on the Table of the Senate on Thursday, 5th December, 2024.

20.

MOTION - REPORT OF THE STANDING COMMITTEE ON ENERGY ON THE

COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS IN WAJIR

COUNTY

(The Chairperson, Standing Committee on Energy)

THAT, the Senate adopts the Report of the Standing Committee on Energy on the County Oversight and Networking Engagements in Wajir County laid on the table of the Senate on Thursday, 17th April, 2025.

21.

***THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) (NO. 4) BILL

(NATIONAL ASSEMBLY BILLS NO. 45 OF 2024)

(The Senate Majority Leader)

(Second Reading)

22.

*THE OFFICE OF THE COUNTY ATTORNEY (AMENDMENT) BILL (SENATE

BILLS NO. 47 OF 2024)

(Sen. David Wafula Wakoli, MP)

(Second Reading)

23.

*THE COUNTY GOVERNMENTS LAWS (AMENDMENT) BILL (SENATE BILLS

NO. 52 OF 2024)

(Sen. Kathuri Murungi, MP)

(Second Reading)

………../Bills

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24.

****THE BUSINESS LAWS (AMENDMENT) BILL (SENATE BILLS NO. 51 OF

2024) (The Senate Majority Leader) (Second Reading)

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NOTICE

The Senate resolved on 13th February, 2025 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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APPENDIX

1. 1. MESSAGE

Message from the National Assembly, on the passage, by the National Assembly of the Social Protection Bill (National Assembly Bills No. 12 of 2025).

(The Speaker of the Senate)

1. 2. PETITION

Petition to the Senate by the officials of the Kenya Union of Clinical Officers’ (KUCO) concerning discrimination, interference and violation of Clinical Officers’ practice rights by the Ministry of Health (MoH), the Council of Governors (CoG) and the Social Health Authority (SHA).

(Sen. Samson Cherarkey, MP)

1. 3. QUESTIONS AND STATEMENTS

a) Statement pursuant to Standing Order 53 (1)

The Senator for Busia County (Sen. Andrew Omtatah, MP) to seek a Statement from the Standing Committee on Finance and Budget regarding the government’s decision to lease out public sugar companies.

b) Statements pursuant to Standing Order 56 (1) (b)

i. The Chairperson, Standing Committee on Information, Communication and Technology to make a Statement relating to the activities of the Committee for the period, January to April, 2025.

ii. The Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights to make a Statement relating to the activities of the Committee for the period, January to April, 2025.

iii. The Chairperson, Standing Committee on Labour and Social Welfare to make a Statement relating to the activities of the Committee for the period, January to April, 2025.

c) Statement 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, 13th May, 2025.

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……………./Notice Paper

(No. 042) THURSDAY, MAY 08, 2025 (710)

NOTICE PAPER

Tentative Business for Tuesday, May 13, 2025 (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, May 13, 2025.

A. BILLS AT THE SECOND READING STAGE

i.)

*THE COUNTY HALL OF FAME BILL (SENATE BILLS NO. 18 OF 2023)

(Sen. Miraj Abdillahi Abdulrahman, MP)

ii.)

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

iii.)

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

iv.)

*THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)

(AMENDMENT) BILL (SENATE BILLS NO. 1 OF 2024)

(Sen. Kathuri Murungi, MP)

v.)

*THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE BILLS

NO. 3 OF 2024)

(Sen. Ledama Olekina, MP and Sen. William Kisang, MP)

vi.)

*THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE

BILLS NO. 20 OF 2024)

(Sen. Karungo Thangwa, MP and Sen. Godfrey Osotsi, MP)

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