Wednesday, April 16, 2025 At 9.30 A.m.

Thirteenth Parliament

Fourth Session (No. 036) (601)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FOURTH SESSION)

THE SENATE

ORDER PAPER

MORNING SITTING

WEDNESDAY, APRIL 16, 2025 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
6. 6. Notices of Motion
7. 7. Questions and Statements (as listed in the Appendix)
8. 8. MOTION - REPORT OF THE 14TH ORDINARY SESSION OF THE PLENARY

ASSEMBLY AND RELATED MEETINGS OF THE FORUM OF PARLIAMENTS

OF THE INTERNATIONAL CONFERENCE OF THE GREAT LAKES REGION,

HELD IN LIVINGSTONE, ZAMBIA, FROM 15TH TO 19TH APRIL, 2024

(Sen. Ali Ibrahim Roba, MP)

THAT, the Senate notes the report of the 14th Ordinary Session of the Plenary Assembly and Related Meetings of the Forum of Parliaments of the International Conference of the Great Lakes region, held in Livingstone, Zambia, from 15th to 19th April, 2024 laid on the Table of the Senate on Thursday, 30th May, 2024.

1. 9. MOTION - REPORT OF THE PROCEEDINGS OF THE PARLIAMENTARIANS’

DIALOGUE AT THE AFRICA CLIMATE SUMMIT, 2023 HELD IN THE

NATIONAL ASSEMBLY CHAMBER, PARLIAMENT BUILDINGS, NAIROBI ON

3RD – 6TH SEPTEMBER, 2023

(Sen. Moses Kajwang’, MP)

THAT, the Senate notes the Report of the Proceedings of the Parliamentarians’ Dialogue at the Africa Climate Summit, 2023 held in the National Assembly Chamber, Parliament Buildings, Nairobi, on 3rd – 6th September, 2023, laid on the Table of the Senate on Wednesday, 2nd October, 2024. …………../Motion

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1. 10. MOTION - REPORT OF THE SENATE DELEGATION TO THE HIGH-LEVEL

POLITICAL FORUM (HLPF) 2024 ON SUSTAINABLE DEVELOPMENT

(Sen. Hamida Kibwana, MP)

THAT the Senate notes the Report of the Senate delegation to the High- Level Political Forum (HLPF) 2024 on sustainable development, held in New York, United States of America (USA) from 8th – 17th July, 2024, laid on the Table of the Senate on Thursday, 20th February, 2025.

1. 11. MOTION - ESTABLISHMENT OF NATIONAL TEACHING AND REFERRAL

HOSPITALS IN KENYA

(Sen. Johnes Mwaruma, MP)

THAT, AWARE THAT Article 43 (1) (a) of the Constitution of Kenya provides that every person has the right to the highest attainable standard of health, including reproductive health care;

NOTING THAT in Kenya, we have five National Teaching and Referral hospitals with Kenyatta University Research and Teaching Hospital in Kiambu County and Moi Teaching and Referral Hospital in Eldoret, Uasin Gishu County being the only ones outside Nairobi County;

CONCERNED THAT the bed capacity, medical equipment and human capital in these National Teaching and Referral hospitals are not sufficient to absorb all the patients seeking specialized treatment;

FURTHER CONCERNED THAT many Kenyans with critical health conditions travel long distances in order to access specialized services in Moi Teaching and Referral Hospital in Eldoret or Nairobi where the other four National Teaching and Referral hospitals are located, leading to high cost of travel, augmented disease and in some cases deaths along the way;

NOW THEREFORE the Senate urges-

1. 1. The Ministry of Health to:

i. Establish National Teaching and Referral hospitals in the Coast, Eastern, North Eastern, Nyanza and Western regions; and

ii. Fully equip the National Teaching and Referral Hospitals with modern medical equipment, medical supplies and personnel; and

1. 2. The County Governments to allocate more funds to their

respective health dockets to adequately facilitate their County Level 5 and Level 6 hospitals in order to enhance provision of critical health services to reduce the demand for such services from the National Teaching and Referral Hospitals.

………../Motion

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1. 12. 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;

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.

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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.

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APPENDIX

QUESTIONS AND STATEMENTS

QUESTIONS

Question No. 055 The Senator for Turkana County (Sen. James Lomenen, MP) to ask the Cabinet Secretary for Information, Communication and Digital Economy:

a) Could the Cabinet Secretary state the strategies in place for the establishment of network connectivity in Todonyang’, Merikuka, Natete, Lopeimukat, Natiira and surrounding areas to facilitate real-time security response and support the Kenya Defence Forces (KDF), National Police Reservists (NPR) and local communities?

b) Has the Ministry engaged with telecommunication providers such as Safaricom and Airtel to fast-track the deployment of communication masts and systems in these high-risk locations and, if so, what are the timelines for completion?

c) What actions are being taken to ensure that security agencies, including KDF and NPR, have reliable and secure frequencies and communication channels to respond effectively to security threats in the region?

d) What immediate interventions will the Ministry take to bridge the communication gap before the full deployment of network infrastructure?

Question No. 013 The Senator for Kirinyaga County (Sen. James Murango, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) Could the Cabinet Secretary clarify why he has failed to appoint members of the Intelligence Service Complaints Board, in clear contravention of the Constitution and Section 66 of the National Intelligence Service Act, 2012?

b) Could the Cabinet Secretary provide a progress report on the establishment of the Intelligence Service Complaints Board, in view of the fact that there is a Court ruling directing the Cabinet Secretary and the Public Service Commission to establish the Board?

…………../Appendix

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c) What are the timelines within which the fully constituted Intelligence Service Complaints Board is expected to be in place in compliance with the court ruling, the Act of Parliament and the Constitution?

Question No. 018 The Senator for Kirinyaga County (Sen. James Murango, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) Could the Cabinet Secretary provide details on the number and identity of persons who have died as a result of clashes in South Ngariama Ranching Scheme in Mwea Constituency involving the residents and suspected members of an outlawed sect since December, 2024?

b) Did the National Government have prior information on the activities of the suspected members of the outlawed sect and attacks prior to the killings and, if so, what pre- emptive action did the National Government Administration and the National Police Service officers in Mwea East Sub-County take to avert the clashes?

c) What immediate and long-term measures has the Government put in place to address the current land and security-related tensions in the area and to avert an escalation of the security situation and recurrence of the same in the future?

Question No. 026 The Senator for Kakamega County (Sen. (Dr.) Boni Khalwale, CBS, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) What is the status of investigations into the –

(i) attack on Hon. Peter Salasya, MP, Member of Parliament for Mumias East Constituency, at Harambe Bukhaya Catholic Church in Mumias Town on 12th November, 2023;

(ii) violent altercation between rival groups at Bulimbo Primary School in Kholera Ward on 2nd December, 2023 during the burial of the late Sen. Godliver Nanjira Omondi, resulting in numerous injuries and significant damage to property;

…………../Appendix

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(iii) altercation between H. E. Hon. FCPA Fernandes Barasa, OGW, Governor of Kakamega County, and Hon. Elsie Muhanda, MP, Women Representative for Kakamega County, at a public function in Eregi area in Ikolomani Constituency on 17th November, 2024, which sparked tension among residents of the county; and

(iv) violent altercation between rival groups at Matungu Constituency on 8th February, 2025 during the burial of the late Chief Agostino Odongo, resulting in numerous injuries and significant damage to property?

b) Could the Cabinet Secretary disclose the identities of the perpetrators and financiers or sponsors of these acts of violence and explain why they have not yet been arrested and arraigned in court?

c) What is the Government doing to address the rise in such incidents of violence and to guarantee security at public functions, particularly those attended by politicians?

Question No. 028 The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) Could the Cabinet Secretary provide a status update on the operationalization of Kanyakwar Location in Kisumu East Constituency, Obunga Sub-Location in Kisumu Central Constituency and Kabonyo Kanyagwal Division in Nyando Constituency, all in Kisumu County, and provide timelines for the full operationalization of the said units?

b) Are there plans by the National Government to construct offices and other supporting infrastructure, deploy administrative officers and provide necessary equipment to the administrative units and, if so, could the Cabinet Secretary explain any specific measures put in place to fast-track the process and address any challenges faced so far?

…………../Appendix

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c) Has the Ministry engaged members of the local communities on their needs and concerns regarding the operationalization process, particularly relating to the location of the divisional headquarters of Kabonyo Kanyagwal?

d) Could the Cabinet Secretary also state all Government services that will be made available to residents of the said units upon full-operationalization?

Question No. 029 The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) Could the Cabinet Secretary provide a detailed account of civilian deaths, injuries, property destruction and vandalism/looting during the GenZ-led demonstrations in June, July and August 2024?

b) Could the Cabinet Secretary explain the reasons behind the protests, detailing the arrests made, any charges filed and the current status of these cases?

c) What security measures were in place to protect Parliament Buildings during the security breach on 25th June, 2024, and was there sufficient intelligence to anticipate the magnitude of the demonstrations?

d) What protocols and measures have been implemented to ensure law enforcement manages future demonstrations while respecting constitutional rights and freedoms while preventing further violence?

Question No. 041 The Senator for Makueni County (Sen. Daniel Maanzo, EBS, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) What measures is the Government implementing to address and reduce the increasing cases of abductions across the country?

b) Is the Government conducting investigations to establish who is involved in these abductions and, if so, have any individuals or groups been held accountable?

…………../Appendix

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c) Could the Cabinet Secretary provide data on the number of individuals reported missing, indicating those that have been found (alive or dead), and the number still unaccounted for?

d) What measures has the Government put in place to support the psychological and mental recovery of abduction victims, and has any financial compensation been provided to the victims or their families?

Question No. 044 The Senator for Nairobi City County (Sen. Edwin Sifuna, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) Could the Cabinet Secretary state why police officers travelling across the country to Nairobi County for the National Police Service Promotion Board interviews are never facilitated with transport and accommodation, despite the interviews being part of official duties?

b) Could the Cabinet Secretary explain the reasons for the delay in release of results of the National Police Service Promotion Board interviews conducted in Nairobi between 10th and 14th February, 2025?

c) Was ethnic balance and length of service considered during the promotion interviews held in February 2025, and could the Cabinet Secretary state all the measures taken to ensure the process is fair?

Question No. 049 Nominated Senator (Sen. Shakila Abdalla, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) When will the current ban on night travel for Public Service Vehicles (PSVs) along the Lamu-Witu-Garsen Road, which was imposed in July 2014 to curb terrorist attacks, be lifted?

b) What measures are in place to ensure a swift response to medical and security emergencies at night, once the ban is lifted?

c) Could the Cabinet Secretary explain how the Government has involved local communities and stakeholders in assessing the impact of the ban on the region's economy and transport sector?

…………../Appendix

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d) What immediate and long-term measures has the government implemented to prevent attacks, secure transport routes in Lamu County, and avoid future travel restrictions?

Question No. 051 Nominated Senator (Sen. Catherine Mumma, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) Could the Cabinet Secretary provide a breakdown of national government administrative officers serving in the various ranks, disaggregated by counties of birth, and indicate the male-to-female ratio for the officers in each rank?

b) Could the Cabinet Secretary provide similar information in respect of police officers?

c) What policies and internal operational frameworks has the Government put in place to ensure that gender considerations are integrated into its operations and to safeguard Government officers from all forms of Gender- Based Violence (GBV)?

d) Could the Cabinet Secretary also provide details on the scope and effectiveness of all Government programmes and initiatives to address Gender-Based Violence (GBV) and femicide generally, and explain the mechanisms in place for the successful implementation of the programmes and initiatives?

Question No. 054 The Senator for Turkana County (Sen. James Lomenen, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) Could the Cabinet Secretary provide an update on the progress made towards the establishment of an immigration post at the Kenya-Ethiopia border in Todonyang, for the enhancement of border control and the regulation of cross-border movements?

b) Could the Cabinet Secretary clarify whether the Government has allocated financial and human resources for the operationalization of the proposed immigration post and, if so, state the projected timeline for its completion and full functionality?

…………../Appendix

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c) What measures are in place to ensure the immigration post is adequately staffed, well-equipped and effectively coordinated with security agencies such as the Kenya Defence Forces (KDF) and the National Police Service (NPS), to enhance border security?

d) What strategies has the Government implemented to strengthen border surveillance and prevent cross-border security threats while the immigration post is being established?

Question No. 056 The Senator for Turkana County (Sen. James Lomenen, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) What is the status of deployment of additional coast guard personnel, armoured vehicles, sophisticated surveillance drones and other modern security technologies to security bases along the Kenya-Ethiopia border, in line with the commitment made by the Cabinet Secretary for Interior and National Administration during his visit to Todonyang area in border region on 24th February, 2025?

b) What other initiatives are being considered by the Government to enhance security and to bolster responses to emerging security threats in the border region, and could the Government consider recruiting and deploying additional National Police Reservists (NPRs)?

c) Could the Cabinet Secretary outline the measures in place to ensure that NPRs are adequately equipped to effectively undertake their duties, and provide details on the training programmes already conducted or planned for NPRs in Todonyang and other areas along the Kenya- Ethiopia border in the 2024/2025 financial year?

d) Are there plans to integrate NPRs into the broader security framework, and could the Cabinet Secretary outline other interventions being considered to improve coordination between NPRs and other security agencies and to reinforce local security structures, particularly in Turkana North Constituency?

…………../Appendix

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Question No. 059 The Senator for Turkana County (Sen. James Lomenen, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) What measures is the Ministry implementing to ensure that local suppliers and contractors from Turkana County are given priority in procurement processes for security bases, particularly at the border security stations in Todonyang, Nadapal, Lokiriama, Loturerei, Kainuk, Kapedo and Kibish, as envisioned under Section 53(6) of the Public Procurement and Disposal Act?

b) Could the Cabinet Secretary clarify why security personnel stationed in Todonyang and other border security posts receive fuel and supplies from Kitale, despite the presence of established fuel stations and suppliers in Lodwar and other nearby locations?

c) Has the Ministry developed a policy or framework to promote local participation in security-related procurement, ensuring that communities hosting security personnel benefit economically, in accordance with Section 53(6) of the Public Procurement and Disposal Act?

d) What steps is the Ministry taking to empower and engage local businesses in providing essential services such as food supplies, construction and logistical support for security bases in Turkana County?

e) Could the Cabinet Secretary provide a timeline for the implementation of a revised procurement strategy that incorporates Turkana-based suppliers, with the aim of fostering local economic growth and sustainability?

Question No. 062 Nominated Senator (Sen. Joyce Korir, MP) to ask the Cabinet Secretary for Interior and National Administration:

a) What is the current status of investigations into the death of Mr. Victor Kipngeno Mutai, who was fatally shot on 23rd July, 2024 during a security operation by police officers from Silibwet Police Station in Bomet County?

b) Could the Cabinet Secretary indicate whether the responsible police officer has been apprehended and, if not, outline the measures in place to facilitate the arrest and prosecution of the officer? …………../Appendix

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c) Could the Cabinet Secretary also explain the measures in place to prevent police officers accused of extra- judicial killings from interfering with investigations, and to ensure that those responsible are brought to book?

……………

………………/Notice Paper

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NOTICE PAPER

Tentative Business for

Wednesday, April 16, 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 Wednesday, April 16, 2025 (Afternoon Sitting).

A. BILLS AT THE SECOND READING STAGE

i)

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

2024) (Sen. Gloria Orwoba, MP)

ii)

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

(Sen. Edwin Sifuna, MP)

iii)

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

2024) (Sen. Eddy Oketch, MP)

iv)

*THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM

OFFICE) PROCEDURE BILL (SENATE BILLS NO. 34 OF 2024)

(Sen. Karungo Thang’wa, MP)

v)

*THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO. 39

OF 2024)

(Sen. George Mbugua, MP)

vi)

*THE LABOUR MIGRATION AND MANAGEMENT (NO. 2) BILL (SENATE

BILLS NO. 42 OF 2024)

(Sen. Tabitha Mutinda, MP)

vii)

*THE STREET NAMING AND PROPERTY ADDRESSING SYSTEM BILL

(SENATE BILLS NO. 43 OF 2024)

(Sen. Fatuma Dullo, MP)

B. BILLS AT COMMITTEE OF THE WHOLE STAGE

i)

*THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE

BILLS NO. 54 OF 2023)

(Sen. Eddy Oketch, MP)

ii)

**THE LOCAL CONTENT BILL (SENATE BILLS NO. 50 OF 2023)

(The Chairperson, Standing Committee on Energy) ………………/Notice Paper

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iii)

*THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL (SENATE

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

C. MOTIONS

i)

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)

ii)

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)

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