Tuesday, April 08, 2025 At 2.30 P.m.

Thirteenth Parliament

Fourth Session (No.031) (489)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FOURTH SESSION)

THE SENATE

ORDER PAPER

TUESDAY, APRIL 08, 2025 AT 2.30 PM

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 STANDING COMMITTEE ON ENERGY ON ITS

INQUIRY INTO THE LIQUEFIED PETROLEUM GAS (LPG) EXPLOSION IN

MRADI AREA, EMBAKASI, NAIROBI CITY COUNTY

(The Chairperson, Standing Committee on Energy)

THAT, the Senate adopts the Report of the Standing Committee on Energy on its inquiry into the Liquefied Petroleum Gas (LPG) explosion in Mradi Area, Embakasi, Nairobi City County, laid on the Table of the Senate on Thursday, 8th August, 2024.

(Resumption of debate interrupted on Thursday, 3rd April, 2025) (Question to be put)

1. 9. ****THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (SENATE BILLS

NO. 10 OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

(Second Reading) (Resumption of debate interrupted on Tuesday, 1st April, 2025) (Division)

............./Motion

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1. 10. MOTION - REPORT OF THE MEDIATION COMMITTEE ON THE CONFLICT

OF INTEREST BILL (NATIONAL ASSEMBLY BILLS NO. 12 OF 2023)

(Vice- Chairperson, Mediation Committee)

THAT, the Senate adopts the Report of the Mediation Committee on the Conflict of Interest Bill (National Assembly Bills No. 12 of 2023), laid on the table of the Senate on Thursday, 5th December, 2024 and further that pursuant to Article 113 (2) of the Constitution and Standing Order 167 (3) of the Senate, approves the mediated version of the Bill.

(Resumption of debate interrupted on Thursday, 27th February, 2025) (Division)

1. 11. COMMITTEE OF THE WHOLE

*THE ENERGY (AMENDMENT) BILL (SENATE BILLS NO. 42 OF 2023)

(Sen. Edwin Sifuna, MP)

(Resumption of debate interrupted on Wednesday, 2nd April, 2025 - Afternoon Sitting) (Division)

1. 12. COMMITTEE OF THE WHOLE

CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE

PERSONS WITH DISABILITIES BILL (SENATE BILLS NO. 7 OF 2023)

(Sen. Crystal Asige, MP)

1. 13. MOTION - REPORT OF THE STANDING COMMITTEE ON DEVOLUTION AND

INTERGOVERNMENTAL RELATIONS AND THE STANDING COMMITTEE ON

JUSTICE, LEGAL AFFAIRS AND HUMAN RIGHTS ON A PETITION TO THE

SENATE BY MR. LABAN OMUSUNDI CONCERNING RESTRAINING COUNTY

GOVERNMENTS FROM HIRING LAW FIRMS TO REPRESENT THEM IN

COURT CASES

(The Chairperson, Standing Committee on Devolution and Intergovernmental Relations and the Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights)

THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations and the Standing Committee on Justice, Legal Affairs and Human Rights on a Petition to the Senate by Mr. Laban Omusundi concerning restraining county governments from hiring law firms to represent them in court cases, laid on the Table of the Senate on Thursday, 3rd April, 2025.

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

(Sen. Miraj Abdillahi Abdulrahman, MP)

(Second Reading)

…………/Bills

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1. 15. *THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL

(SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

(Second Reading)

1. 16. *THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL

(SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

(Second Reading)

1. 17. *THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)

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

(Sen. Kathuri Murungi, MP)

(Second Reading)

1. 18. *THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE BILLS

NO. 3 OF 2024)

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

(Second Reading)

1. 19. *THE COUNTY STATISTICS BILL (SENATE BILLS NO. 5 OF 2024)

(Sen. Ali Ibrahim Roba, MP)

(Second Reading)

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

2024) (Sen. Gloria Orwoba, MP) (Second Reading)

1. 21. *THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE BILLS

NO. 20 OF 2024)

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

(Second Reading)

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

(Sen. Edwin Sifuna, MP)

(Second Reading)

------------------

…………/Key

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KEY

****- Denotes a Majority /Minority Party Bill

***- Denotes a National Assembly Bill

**- Denotes a Committee Bill

*- Denotes any other Bill

-----------XXX----------

…………../Notice of Amendments

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NOTICE OF AMENDMENTS

A. THE PERSONS WITH DISABILITIES BILL (SENATE BILL NO. 7 OF 2023)

(Sen. Crystal Asige, MP)

NATIONAL ASSEMBLY AMENDMENTS

NOTICE is given that the National Assembly made the following amendments to the Persons with Disabilities Bill (Senate Bills No. 7 of 2023).

CLAUSE 4

THAT clause 4 of the Bill be amended— (a) in paragraph (a), by deleting the word “welfare” and substituting therefor the word “rights”; (b) in paragraph (e), by inserting the words “inclusion and” and immediately after the words “promote the”; (c) in paragraph (i), by inserting the words “and compulsory” immediately after the word “free”; (d) by inserting the following new paragraph immediately after paragraph (p)— “(q)ensure inclusion of persons with disabilities in all mainstream programs and interventions”.

CLAUSE 5

THAT clause 5 of the Bill be amended— (a) in sub-clause (1)— (i) in paragraph (a), by deleting the word “welfare” and substituting therefor the word “rights”; (ii) in paragraph (c), by inserting the words “and compulsory” immediately after the word “free”; (iii) by inserting the following new paragraph immediately after paragraph (f)— “(g)ensure inclusion of persons with disabilities in all mainstream programs and interventions”. (b) in sub-clause (2), by inserting the words “responsible for matters relating to persons with disabilities” immediately after the words “committee member” appearing in the opening statement; and …………../Notice of Amendments

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(c) in sub-clause (4), by deleting paragraph (a) and substituting therefor the following new paragraph— (a) a person with disabilities, who reside within the respective county;

CLAUSE 6

THAT clause 6(1) of the Bill be amended by deleting the words “protection, benefit” appearing in paragraph (a) and substitute therefor the words “equal protection, equal benefit”.

CLAUSE 8

THAT clause 8 of the Bill be amended — (a) in sub-clause (1), by deleting the words “on free consent” and substituting therefor the words “on free and full consent”; and (b) in sub-clause (2), by deleting the word “sexuality” and substituting therefor the word “sexual”.

CLAUSE 11

THAT clause 11(1)(f) of the Bill be amended by inserting the word “and inclusive” immediately after the word “quality”.

CLAUSE 20

THAT clause 20(8) of the Bill be amended by deleting the word “adoptive” appearing in paragraph (b) and substituting therefor the word “adaptive”.

CLAUSE 21

THAT clause 21 of the Bill be amended— (a) in sub-clause (2), by inserting the words “where an employer has at least twenty employees,” immediately before the word “reserve” in paragraph (a); and (b) in sub-clause (5)(e), by deleting the word “solely”.

CLAUSE 25

THAT clause 25(e) of the Bill be amended by inserting the words “putting in place mechanisms for” immediately before the words “prompt attendance”.

CLAUSE 26

THAT clause 26 of the Bill be amended – (a) by deleting sub-clause (1) and substituting therefor the following new sub- clause – …………../Notice of Amendments

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(1) Every person with disability has the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas, and the right to access information, on an equal basis with others, in a timely manner and without additional cost”; (b) in sub-clause (2), by inserting the words “forms of” immediately after the words “and other”; (c) in sub-clause (7), by deleting the words "Media Council of Kenya” and substituting therefor the words "Communication Authority of Kenya in consultation with the Council”; (d) in sub-clause (8), by deleting the words “sub-titles” and substituting therefor the words “closed captioning”; and (e) in sub-clause (10), by inserting the words “and private” immediately after the word “public”.

CLAUSE 28

THAT clause 28(2) of the Bill be amended by deleting the word “Kenya” appearing in paragraph (b) and substituting therefor the word “Kenyan”.

CLAUSE 29

THAT clause 29(4) of the Bill be amended by deleting the word “Kenya” and substituting therefor the word “Kenyan”.

CLAUSE 45

THAT clause 45(4) of the Bill be amended by deleting the word “five” and substituting therefor the word “three”.

CLAUSE 50

THAT clause 50 of the Bill be amended— (a) in sub-clause (1), by inserting the words “upon request by a member of the public or” immediately before the words “where it considers” appearing in paragraph (a); (b) in sub-clause (3), by inserting the words “or a member of the public” immediately after the words “regulatory body”.

CLAUSE 56

THAT clause 56 of the Bill be amended— (a) in sub-clause (1), by deleting the expression “Kshs. 150,000/=” and substituting therefor the words “of such amount as may be prescribed by the Cabinet Secretary”; and …………../Notice of Amendments

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(b) in sub-clause (2), by deleting the expression “Kshs. 10,000/=” and substituting therefor the words “such amount as may be prescribed by the Cabinet Secretary”

CLAUSE 62

THAT clause 62 of the Bill be amended by deleting the words “one million” and substituting therefor the words “two million”.

CLAUSE 63

THAT clause 63 of the Bill be amended— (a) by renumbering the existing clause as sub-clause (1); (b) by inserting the following new sub-clause immediately after sub-clause (1)— “ (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both”.

CLAUSE 65

THAT clause 65 of the Bill be amended by deleting the words “two hundred thousand shillings” and substituting therefore the words “two million shillings”.

CLAUSE 66

THAT clause 66 of the Bill be amended by deleting the words “two hundred thousand shillings” and substituting therefore the words “one million shillings”.

CLAUSE 72

THAT clause 72 of the Bill be amended by inserting the following new paragraph immediately after paragraph (b)— “(c) ensuring that bus-stops are barrier-free”.

CLAUSE 74

THAT clause 74 of the Bill be amended— (a) in sub-clause (1) by deleting the word “alone” appearing in the opening statement; and (b) in sub-clause (2) by deleting the word “alone”.

NEW CLAUSE 36A

THAT the Bill be amended by inserting the following new clause immediately after clause 36— …………../Notice of Amendments

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Headquarters and other offices of the Council. 36A.(1) The headquarters of the Council shall be in Nairobi.

(2) The Council shall establish other offices and decentralize its services to such other parts of the country as it considers necessary in accordance with Article 6(3) of the Constitution.

NEW CLAUSE 66A

THAT the Bill be amended by inserting the following new clause immediately after clause 66—

Begging and receiving alms. 66A. A person who causes, procures, encourages or solicits a child or an adult with disabilities to engage in begging or receiving alms commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or imprisonment for a term not exceeding two years, or to both.

NEW CLAUSE 73A

THAT the Bill be amended by inserting the following new clause immediately after clause 73— Housin g. 73A. Every Government agency putting up residential and commercial buildings shall reserve at least five percent of the said residential and commercial buildings for acquisition by persons with disabilities and the terms and conditions of such acquisition to persons with disabilities shall include interest free and longer periods of repayment.

----------------

…………../Appendix

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APPENDIX

1. 1. QUESTIONS AND STATEMENTS

a) 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 Health regarding the response to the recent outbreaks of malaria and other diseases in Kisumu County.

ii) The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to seek a Statement from the Standing Committee on Health regarding the state of blood storage infrastructure in Kenya.

iii) The Senator for Nandi County (Sen. Samson Cherarkey, MP) to seek a Statement from the Standing Committee on Tourism, Trade, and Industrialization regarding the demolitions of structures and stalls belonging to small-scale traders in Kapsabet town, Nandi County.

iv) The Senator for Nandi County (Sen. Samson Cherarkey, MP) to seek a Statement from the Standing Committee on Education regarding discriminative practices in sports for school-going children.

v) The Senator for Kisii County (Sen. Richard Onyonka, MP) to seek a Statement from the Standing Committee on Roads, Transportation, and Housing regarding the proposed establishment of the Riruta–Ngong Commuter Railway Line.

vi) The Senator for Nyeri County (Sen. Wahome Wamatinga, MP) to seek a Statement from the Standing Committee on Land, Environment, and Natural Resources regarding alleged transfer of parcels of land belonging to the Kenya Veterinary Vaccine Production Institute (KEVEVAPI) to private entities in Nairobi City and Kiambu Counties.

vii) The Senator for Wajir County (Sen. Abass Mohamed, MP) to seek a Statement from the Standing Committee on Health regarding the alarming increase in cancer cases in Wajir County and its possible link to allegations of nuclear waste dumping in north eastern parts of Kenya.

viii) The Senator for Isiolo County (Sen. Fatuma Dullo, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations concerning increasing cases of insecurity in Isiolo County.

ix) Nominated Senator (Sen. Hamida Kibwana, MP) to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism regarding the state of Kenya’s local textile industry. --------------- ……………./Notice Paper I

(No.031) TUESDAY, APRIL O8, 2025 (499)

NOTICE PAPER I

Tentative Business for Wednesday, April 09, 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 09, 2025 (Morning Sitting).

A. QUESTIONS

037 Sen. James Murango, MP Ongoing tree harvesting in Kamuruana Hill Forest in Kirinyaga Central Constituency Environment, Climate Change and Forestry

034 Sen. Enoch Wambua, CBS,

MP

Pension disbursements to former Members of Parliament, who served between 1979 and 1992 The National Treasury and Economic Planning 035 Sen. James Murango, MP Taxes and levies imposed throughout the entire tea supply chain The National Treasury and Economic Planning

048 Sen. (Prof.) Tom Ojienda, SC, MP Delays in processing pension claims of retired civil servants The National Treasury and Economic Planning 004 Sen. Mohamed Chute, MP Operation status of airstrips in Marsabit County. Roads and Transportation 017 Sen. James Murango, MP Speeding and reckless driving by vehicles transporting miraa along the Mwea-Embu highway Roads and Transportation

023 Sen. (Prof.) Tom Ojienda, SC, MP Budgetary allocation for road construction projects by KURA and KeRRA in Kisumu County. Roads and Transportation

…./Notice Paper I

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040 Sen. Daniel Maanzo, EBS, MP Delay in completion of the construction of the Namanga-Kajiado- Loitoktok-Emali-Ukia- Itangini-Tawa-Masii-Mwala- Kithimani road.

Roads and Transportation

045 Sen. Fatuma Dullo, CBS, MP Completion of road projects being undertaken by KURA and KeRRA in Isiolo County Roads and Transportation

046 Sen. Fatuma Dullo, CBS, MP Status of modernisation and rehabilitation of the Isiolo Airport. Roads and Transportation

B. MOTIONS

i)

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)

ii)

REPORT OF THE PARLIAMENTARY DELEGATION TO THE 2024 JOINT

UNITED NATIONS – INTER-PARLIAMENTARY UNION PARLIAMENTARY

HEARING HELD AT THE UNITED NATIONS HEADQUARTERS IN NEW YORK,

UNITED STATES OF AMERICA FROM 8TH TO 9TH FEBRUARY, 2024

(Sen. Veronica Maina, MP)

iii)

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)

iv)

REPORT OF THE SENATE DELEGATION TO THE HIGH-LEVEL POLITICAL

FORUM (HLPF) 2024 ON SUSTAINABLE DEVELOPMENT

(Sen. Hamida Kibwana, MP)

-------

……………./Notice Paper II

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NOTICE PAPER II

Tentative Business for Wednesday, April 09, 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 09, 2025 (Afternoon Sitting).

A. 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 COUNTY ASSEMBLY SERVICES (AMENDMENT) BILL (SENATE BILLS

NO. 34 OF 2023)

(Sen. Mohamed Chute, MP)

iii.)

****THE COUNTY ASSEMBLIES PENSIONS SCHEME BILL (SENATE BILLS

NO. 14 OF 2024)

(The Senate Majority Leader)

iv.)

***THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILLS NO. 24 OF 2023)

(The Senate Majority Leader)

v.)

***THE LAND (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO. 40 OF

2022) (The Senate Majority Leader)

vi.)

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

(The Chairperson, Standing Committee on Energy)

vii.)

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

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

viii.)

*THE COUNTY PUBLIC FINANCE LAWS (AMENDMENT) BILL (SENATE BILLS

NO. 39 OF 2023)

(Sen. Kathuri Murungi, MP)

ix.)

*THE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL (SENATE BILLS NO.

53 OF 2023)

(Sen. Mariam Sheikh Omar, MP) ……………./Notice Paper II

(No.031) TUESDAY, APRIL O8, 2025 (502)

x.)

****THE PUBLIC FUNDRAISING APPEALS BILL (SENATE BILLS NO. 36 OF

2024) (The Senate Majority Leader)

xi.)

**THE HERITAGE AND MUSEUMS BILL (SENATE BILLS NO. 8 OF 2023)

(The Chairperson, Standing Committee on Labour and Social Welfare)

xii.)

*THE COUNTY LIBRARY SERVICES BILL (SENATE BILLS NO. 40 OF 2024)

(Sen. Joyce Korir, MP)

B. BILLS AT THE SECOND READING STAGE

i)

*THE CREATIVE ECONOMY SUPPORT BILL (SENATE BILLS NO. 30 OF 2024)

(Sen. Eddy Oketch, MP)

ii)

*THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM OFFICE)

PROCEDURE BILL (SENATE BILLS NO. 34 OF 2024)

(Sen. Karungo Thang’wa, MP)

iii)

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

OF 2024)

(Sen. George Mbugua, MP)

iv)

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

NO. 42 OF 2024)

(Sen. Tabitha Mutinda, MP)

v)

*THE STREET NAMING AND PROPERTY ADDRESSING SYSTEM BILL

(SENATE BILLS NO. 43 OF 2024)

(Sen. Fatuma Dullo, MP)

C. MOTIONS

i)

ESTABLISHMENT OF NATIONAL TEACHING AND REFERRAL HOSPITALS IN

KENYA

(Sen. Johnes Mwaruma, MP)

ii)

CONSOLIDATION OF BURSARY FUNDS FOR EQUITABLE ACCESS TO

EDUCATION IN KENYA

(Sen. Karungo Thangwa, MP)

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