Thursday, December 05, 2024 At 2.30 P.m.
Thirteenth Parliament
Third Session (No.134) (3157)
REPUBLIC OF KENYA
THIRTEENTH PARLIAMENT – (THIRD SESSION)
THE SENATE
ORDER PAPER
THURSDAY, DECEMBER 05, 2024 AT 2.30 PM
PRAYER
- 1. Administration of Oath
- 2. Communication from the Chair
- 3. Messages
- 4. Petitions
- 5. Papers (as listed in the Appendix)
- 6. Notices of Motion (as listed in the Appendix)
- 7. Questions and Statements (as listed in the Appendix)
- 8. ***THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL
(NATIONAL ASSEMBLY BILLS NO. 44 OF 2023)
(The Senate Majority Leader)
(Third Reading)
- 9. COMMITTEE OF THE WHOLE
*THE FIRE AND RESCUE SERVICES PROFESSIONALS BILL (SENATE
BILLS NO. 55 OF 2023)
(Sen. Mohamed Abass Sheikh, MP)
(Resumption of debate interrupted on Thursday, 28th November, 2024) (Division)
- 10. COMMITTEE OF THE WHOLE
*THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL (SENATE
BILLS NO. 38 OF 2023)
(Sen. (Dr.) Boni Khalwale, MP)
(Resumption of debate interrupted on Thursday, 28th November, 2024) (Division)
- 11. COMMITTEE OF THE WHOLE
*THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE
BILLS NO. 40 OF 2023)
(Sen. Hamida Ali Kibwana, MP)
(Resumption of debate interrupted on Thursday, 28th November, 2024) (Division) ………../Bills
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- 12. COMMITTEE OF THE WHOLE
****THE
INTERGOVERNMENTAL
RELATIONS
(AMENDMENT)
BILL
(SENATE BILLS NO. 12 OF 2024)
(The Senate Majority Leader)
(Resumption of debate interrupted on Thursday, 28th November, 2024) (Division)
- 13. COMMITTEE OF THE WHOLE
****THE POLITICAL PARTIES (AMENDMENT) (NO. 2) BILL (SENATE
BILLS NO. 26 OF 2024)
(The Senate Majority Leader and the Senate Minority Leader)
(Resumption of debate interrupted on Thursday, 28th November, 2024) (Division)
- 14. COMMITTEE OF THE WHOLE
**** THE ELECTIONS (AMENDMENT) (NO. 2) BILL (SENATE BILLS NO. 29
OF 2024)
(The Senate Majority Leader and the Senate Minority Leader)
(Resumption of debate interrupted on Thursday, 28th November, 2024) (Division)
- 15. *THE ENVIRONMENT LAWS (AMENDMENT) BILL (SENATE BILLS NO. 23
OF 2024)
(Sen. Abdul Haji, MP)
(Second Reading)
(Resumption of debate interrupted on Thursday, 31st October, 2024)
- 16. 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;
………../Motions
(No.134) THURSDAY, DECEMBER 05, 2024 (3159)
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.
(Resumption of debate interrupted on Wednesday, 4th December, 2024 – Morning Sitting) (Balance of time – 45 mins)
- 17. MOTION - REPORT OF THE STANDING COMMITTEE ON EDUCATION ON
A PETITION TO THE SENATE REGARDING THE DISCRIMINATION BY
TEACHERS SERVICE COMMISSION (TSC) ON PAYMENT OF HARDSHIP
AND ENHANCED HOUSE ALLOWANCES TO SOME TEACHERS IN KILIFI
AND TAITA TAVETA COUNTIES
(The Chairperson, Standing Committee on Education)
THAT, the Senate adopts the Report of the Standing Committee on Education on a Petition to the Senate regarding the discrimination by Teachers Service Commission (TSC) on payment of hardship and enhanced house allowances to some teachers in Kilifi and Taita Taveta counties, laid on the Table of the Senate on Tuesday, 8th October, 2024.
………../Motions
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- 18. MOTION - REPORT OF THE SELECT COMMITTEE ON COUNTY PUBLIC
ACCOUNTS ON ITS CONSIDERATION OF THE REPORTS OF THE
AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF THARAKA
NITHI, HOMA BAY, KAKAMEGA, KIRINYAGA, MAKUENI, MERU, BOMET,
MURANG’A, NANDI, NYAMIRA, NYERI, SIAYA, VIHIGA, WAJIR AND
SAMBURU
COUNTY
EXECUTIVES
FOR
THE
FINANCIAL
YEAR
2019/2020 (The Chairperson, County Public Accounts Committee)
THAT, the Senate adopts the Report of the Select Committee on County Public Accounts on its consideration of the Reports of the Auditor General on the Financial Statements of Tharaka Nithi,Homa Bay, Kakamega, Kirinyaga, Makueni, Meru, Bomet, Murang’a, Nandi, Nyamira, Nyeri, Siaya, Vihiga, Wajir and Samburu County Executives for the Financial Year 2019/2020 laid on the table of the Senate on Tuesday, 5th March, 2024.
- 19. MOTION - REPORTS OF THE SELECT COMMITTEE ON COUNTY PUBLIC
INVESTMENTS AND SPECIAL FUNDS ON ITS CONSIDERATION OF THE
AUDIT REPORTS OF VARIOUS WATER SERVICE COMPANIES FOR THE
FINANCIAL YEARS 2018/2019, 2019/2020 AND 2020/2021
(The Chairperson, Committee on County Public Investments and Special Funds)
THAT, the Senate adopts the Reports of the Select Committee on County Public Investments and Special Funds on its consideration of the Audit Reports for the Financial Years 2018/2019 (Volume IV), 2019/2020 (Volume V) and 2020/2021(Volume VI), for the following Water Service Companies laid on the table of the Senate on Wednesday, 29th May, 2024;
i) Busia Water and Sewerage Services Company Limited; ii) Iten- Tambach Water and Sewerage Company Limited; iii) Kirinyaga Water and Sanitation Company Limited; iv) Malindi Water and Sewerage Company Limited; v) Mandera Water and Sewerage Company Limited; vi) Migori Water and Sanitation Company Limited; vii) Mombasa Water and Sanitation Company Limited; viii) Nanyuki Water and Sanitation Company Limited; and ix) Nithi Water and Sanitation Company Limited.
- 20. 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.
………../Motions
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- 21. MOTION - REPORTS OF THE SELECT COMMITTEE ON COUNTY PUBLIC
INVESTMENTS AND SPECIAL FUNDS ON ITS CONSIDERATION OF THE
AUDIT REPORTS OF VARIOUS WATER, SANITATION AND SEWERAGE
SERVICE COMPANIES FOR THE FINANCIAL YEARS 2018/2019
(VOLUME VI), 2019/2020 (VOLUME VII) AND 2020/2021 (VOLUME IX)
(The Chairperson, Committee on County Public Investments and Special Funds)
THAT, the Senate adopts the Reports of the Select Committee on County Public Investments and Special Funds on its consideration of the Audit Reports for the Financial Years 2018/2019 (Volume VI), 2019/2020 (Volume VII) and 2020/2021(Volume IX), for Eldama Ravine, Eldoret, Embu, Githunguri, Homabay, Kahuti, Kakamega Kapenguria, Kapsabet, Nandi, Karuri, Kericho, Kiambu, Kibwezi-Makindu, Kikuyu, Kitui, Lamu, Limuru, Mathira, Matungulu – Kangundo, Mbooni, Meru, Municipal Council of Machakos, Murangá, Murang’a South, Naivasha, Nakuru Rural, Nakuru, Narok, Olkalou, Olkejuado, Othaya Mukurweini, Ruiru-Juja, Sibo, Tavevo, Tetu Aberdare and Wote Water, Sanitation and Sewerage Service Companies laid on the table of the Senate on Wednesday, 2nd October, 2024.
- 22. MOTION - REPORT OF THE STANDING COMMITTEE ON LABOUR AND
SOCIAL WELFARE ON AN INQUIRY INTO THE WELFARE OF WORKERS
IN EXPORT PROCESSING ZONES (EPZS) IN MOMBASA AND KILIFI
COUNTIES
(The Chairperson, Standing Committee of Labour and Social Welfare)
THAT, the Senate adopts the Report of the Standing Committee on Labour and Social Welfare on an inquiry into the plight of workers in the Export Processing Zones (EPZs) in Mombasa and Kilifi Counties, laid on the Table of the Senate on Tuesday, 1st October, 2024.
- 23. *THE PUBLIC HOLIDAYS (AMENDMENT) BILL, (SENATE BILLS NO. 31 OF
2023) (Sen. Karungo Thang’wa, MP)
(Second Reading)
- 24. *THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)
(AMENDMENT) BILL (SENATE BILLS NO. 1 OF 2024)
(Sen. Kathuri Murungi, MP) (Second Reading)
- 25. *THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE BILLS
NO. 3 OF 2024)
(Sen. Ledama Olekina, MP and Sen. William Kisang, MP)
(Second Reading)
- 26. *THE COUNTY CIVIC EDUCATION BILL (SENATE BILLS NO. 4 OF 2024)
(Sen. Esther Okenyuri, MP)
(Second Reading)
………../Bills
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- 27. *THE COUNTY STATISTICS BILL (SENATE BILLS NO. 5 OF 2024)
(Sen. Ali Ibrahim Roba, MP)
(Second Reading)
- 28. ***THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (SENATE BILLS
NO. 10 OF 2024)
(The Senate Majority Leader)
(Second Reading)
- 29. *THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE
BILLS NO. 20 OF 2024)
(Sen. Karungo Thangwa, MP and Sen. Godfrey Osotsi, MP)
(Second Reading)
- 30. ****THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE
BILLS NO. 27 OF 2024)
(The Senate Majority Leader)
(Second Reading)
- 31. THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM
OFFICE) PROCEDURE BILL (SENATE BILLS NO. 34 OF 2024)
(Sen. Karungo Thang’wa, MP)
(Second Reading)
- 32. MOTION – ADJOURNMENT OF THE SENATE
(The Senate Majority Leader)
THAT, pursuant to Standing Order 31 (3), the Senate do adjourn until Tuesday, 11th February, 2025.
--------------
………../Notice
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NOTICE
The Senate resolved on 14th February, 2024 as follows: -
i. 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.
ii. THAT, notwithstanding the provisions of Standing Order 111(4), the debate on any Motion for the adjournment of the Senate to a day other than the next normal sitting day in accordance with the calendar of the Senate shall be limited to a maximum of two hours, with not more than fifteen minutes for each Senator speaking after which the Senate shall adjourn without question put;
Provided that when the period of recess proposed by any such Motion does not exceed nine calendar days, the debate shall be limited to a maximum of thirty (30) minutes, and shall be confined to the question of adjournment.
KEY
****- Denotes a Majority /Minority Party Bill
***- Denotes a National Assembly Bill
**- Denotes a Committee Bill
*- Denotes any other Bill
-----------XXX--------
……………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3164)
NOTICE OF AMENDMENTS
A. *THE FIRE AND RESCUE SERVICES PROFESSIONALS
BILL (SENATE BILLS NO. 55 OF 2023)
(Sen. Mohamed Abass Sheikh, MP)
I. NOTICE is given that the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations, intends to move the following amendments to the Fire and Rescue Services Professionals Bill 2023 (Senate Bills No. 55 of 2023) at the Committee Stage--
CLAUSE 3
THAT the Bill be amended by deleting clause 3 and substituting therefor the following new clause –
Objects of the Act
- 3. The objects of this Act are to –
(a) provide a framework for standards for professional practice and their enforcement;
(b) faciliate the delivery of quality fire and rescue professional services;
(c) promote the delivery of quality professional training and education for fire and rescue service professionals;
(d) protect the public from unethical professional practice in fire and rescue services; and
(e) promote realization of the right to the highest attainable standard of health for every person in relation to prevention, response and mitigation of unintentional injuries resulting from fire, accidents, emergencies, disasters and calamities.
CLAUSE 4
THAT the Bill be amended in clause 4 - (a) by deleting the heading to Part II and substituting therefor the following new heading—
…………./Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3165)
PART II – ADMINISTRATION
(b) in subclause (1) by inserting the word “professionals” immediately after the words “and rescue services”.
CLAUSE 5
THAT the Bill be amended by deleting clause 5 and substituting therefor the following new clause –
Composition of the Board
- 5. (1) The Board shall comprise
of -
(a) a non-executive chairperson appointed by the President;
(b) the Principal Secretary in the Ministry responsible for matters relating to fire and rescue services or their representative appointed in writing by the Principal Secretary;
(c) the Principal Secretary in the Ministry responsible for finance or their representative appointed in writing by the Principal Secretary;
(d) the Principal Secretary in the Ministry responsible for technical and vocational education and training or their representative appointed in writing by the Principal Secretary; …………./Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3166)
(e) three persons nominated by the Council of County Governors;
(f) two persons nominated by the association representing the largest number of professional firefighters in Kenya, one of whom shall be a representative of volunteer firefighters in Kenya;
(g) one person nominated by the umbrella body of emergency responders in Kenya;
(h) one person representing private sector organizations in Kenya; and
(i) the registrar who shall be an ex- officio member and who shall have no vote.
(2) The persons nominated under subsection (1) (e), (f), (g) and (h) above shall be appointed by the Cabinet Secretary by notice in the Gazette.
CLAUSE 6
THAT the Bill be amended in clause 6 by deleting the words “and it may establish branches in other counties” appearing immediately after the words “be in Nairobi”.
…………./Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3167)
CLAUSE 7
THAT the Bill be amended in clause 7 by –
(a) renumbering the existing introductory phrase as sub-clause (1); and
(a) insering the following new sub cause (2) immediately after paragraph (n) –
(2) collaborate with each county government in the performance of its functions.
CLAUSE 14
THAT clause 14 of the Bill be amended by deleting subclause (4) and substituting therefor the following subclause –
(4) A person shall not be appointed as a Registrar unless such person –
(a) is registered as a fire and rescue services professional under this Act;
(b) is in good professional standing;
(c) has at least a degree from a university recognized in Kenya in fire management or fire and rescue management, disaster management, engineering, operations, logistics, medicine, para-medicine, sociology, law, psychology, project management, safety and security, environment, health and safety, architecture, physical planning, or any other relevant qualification;
(d) has at least ten years’ experience in the field of fire and rescue;
(e) has at least five years’ experience in leadership in the public or private sector;
(f) has knowledge and experience in policy formulation;
(g) meets the requirements of Chapter Six of the Constitution
…………./Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3168)
CLAUSE 16
THAT clause 16 of the Bill be amended in subclause (1) by deleting the words “carrying on” appearing immediately after the words “the course of” and substituting thereof with words “carrying out”.
CLAUSE 17
THAT the Bill be amended by deleting clause 17 and substituting therefor the following new clause –
Registration of Fire and Rescue Services Professionals
- 17. (1) A person shall not practice as a
fire and rescue service professional, manage a fire and rescue services consulting firm or provide fire and rescue consultancy and advisory services unless they are registered in accordance with this Act.
(2) In this section, practice as a fire and rescue service professional includes –
(a) providing fire and rescue professional services such as fire prevention, operating fire equipment for purposes of extinguishing fire where such a process requires a rescue professional, fire investigation, fire risk assessment, audit and inspection or rescue operation;
(b) carrying out or holding oneself as a fire and rescue service professional; or
(c) certifying or authorizing any process where a fire and rescue service professional is required under any law or administrative procedure to certify or authorize.
CLAUSE 18
THAT clause 18 of the Bill be amended by deleting paragraph (b) and replacing it with the following -
(b) has undertaken and received practical and experiential learning in fire and rescue service practice for a period of at least one year in a recognized institution.
…………./Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3169)
CLAUSE 20
THAT the Bill be amended in clause 22 by inserting the following new proviso immediately after sub-clause (7) —
Provided that any person or entity that intends to carry on the business of a fire and rescue service consulting firm or fire brigade firm shall apply for and obtain a trade licence from the respective County Government.
CLAUSE 36
THAT clause 36 of the Bill be amended in subclause (2) by deleting paragraph (f) and substituting therefor the following new paragraph—
(f) the training of fire and rescue services professionals.
CLAUSE 37
THAT the Bill be amended by deleting Clause 37 and substituting therefor the following new clause—
Transitional provision.
- 37. (1) A person who prior to the
date of commencement of this Act was practicing as a fire and rescue service practitioner and does not hold the prescribed academic qualifications for registration under this Act shall, within one year of the commencement of the Act, comply with the requirements of this Act.
(2) A person who prior to the date of commencement of this Act was practicing as a fire and rescue service practitioner and holds the required academic qualifications under this Act shall apply for registration by the Board within one year of coming into force of this Act.
…………./Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3170)
CLAUSE 2
THAT the Bill be amended in clause 2 by - (a) deleting the definition of “fire and rescue services consulting firm” and substituting therefor the following new definition –
“fire and rescue services consulting firm” means a private organization or company registered by the Board and licensed by the County Governments to engage in the business of provision of consultancy and advisory services pertaining to fire and rescue services
(b) deleting the definition of the word “fire brigade”
(c) deleting the definition of the words “fire and rescue services professional” and substituting therefor the following new definition –
fire and rescue service professional” means a person registered under section 17.
(d) Inserting a new definition of the word “private fire brigade firm”
“private fire brigade firm” means a private organization or company registered by the Board and licensed by a County Government to put out fires and rescue people from fires.
LONG TITLE
THAT the Bill be amended by deleting the long title and substituting therefor the following new title –
AN ACT of Parliament to provide for the promotion, development and regulation of the fire and rescue service profession, to provide for the establishment of institutional and regulatory framework for representation, participation, training and regulation of fire and rescue service professional practice, and for connected purposes.
…………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3171)
II. NOTICE is given that the Senator for Wajir County (Sen. Abass Mohammed Sheikh, MP) intends to move the following amendments to the Fire and Rescue Services Professionals Bill (Senate Bills No. 55 of 2023) at the Committee Stage —
CLAUSE 29
THAT clause 29 of the Bill be amended –
(a) in subclause (1) by deleting the words “five hundred thousand shillings or to imprisonment for a term not exceeding five” appearing immediately after the words “not more than” and substituting therefor the words “two hundred thousand shilling or to imprisonment for a term not exceeding three”; (b) in subclause (2) by deleting the words “one million” appearing immediately after the words “not less than” and substituting therefor the words “five hundred thousand”.
CLAUSE 31
THAT clause 31 of the Bill be amended by deleting the words “two million shillings or to imprisonment for a term not exceeding five years” appearing immediately after the words “conviction to a fine of” and substituting therefor the words “one million shillings or to imprisonment for a term not exceeding three.”
…………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3172)
B. *THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL
(SENATE BILLS NO. 38 OF 2023)
(Sen. (Dr.) Boni Khalwale, MP)
I. NOTICE is given that the Chairperson, Standing Committee on Roads, Transportation and Housing, intends to move the following amendments to the Public Transport (Motorcycle Regulation) Bill (Senate Bills No. 38 of 2023), at the Committee Stage—
CLAUSE 4
THAT the Bill be amended— (a) by inserting the following new clause immediately before clause 4—
Roles of the County executive committee member. 3A. (1) The county executive committee member shall be responsible for the regulation, management, and coordination of all matters relating to the motorcycle transport sector within the county. (2) Without prejudice to the generality of sub-section (1), the county executive committee member shall— (a) develop policies, regulations, and guidelines on motorcycle transport and safety matters within the county; (b) manage and control motorcycle transport services within the county, including registration and licensing of motorcycle riders, designate parking and routes; (c) ensure compliance with the provisions of this Act and any other laws related to the transport sector within the county; (d) conduct research and collect data on transport and safety matters within the county; and (e) develop and implement programs to promote road safety, including training and civic education of riders and passengers. …………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3173)
(b) by deleting clause 4 and substituting therefor the following new clause— Appointment of Board
- 4. The County executive member
may delegate the functions under section 3A to a Board.
CLAUSE 5
THAT Clause 5 of the Bill be amended—
(a) by inserting the words “or their representative” immediately after the words “county attorney” in paragraph (d); (b) by deleting the word “four” and substituting therefor the word “two” in paragraph (f); (c) by deleting the word “two” and substituting therefor the word “four” in paragraph (g); (d) by renumbering the existing provision to subsection (1) and by inserting the following new subsection— (2) While making the appointments under subsection (5), the county executive committee member shall — (a) take in to consideration the one third gender rule and ensure that the youth and persons with disabilities are represented in the membership of the Board; (b) ensure that two out of the four people appointed under paragraph (g) are active motorcycle riders; and (c) consider the diversity in respect to the qualifications of the persons being appointed.
CLAUSE 6
THAT Bill be amended by deleting clause 6 and inserting therefor the following new clauses— Qualifications for appointment.
- 6. (1) A person qualifies to be
appointed as the Chairperson of the Board if that person— (a) holds a degree from a university recognized in Kenya; (b) has at least five years’ experience in matters relating to transport; (c) has resided in the county for a period of not less than five years.; and (d) meets the requirements of Chapter Six of the Constitution ………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3174)
(2) A person qualifies to be appointed as a member of the Board, if the person— (a) meets the requirements of Chapter Six of the Constitution; (b) has not been convicted of a criminal offence which attracts imprisonment for a term not exceeding six months; (c) has not been adjudged bankrupt or entered into a composition or arrangement with the creditors of the person; (d) is not disqualified under any other written law from appointment as such; and (e) in the case of a member under paragraph (f) has atleast a post-secondary education qualification; (f) in the case of a member under paragraph (g) has atleast a secondary school qualification.
Tenure of office. 6A. (1) The Chairperson and members of the Board, shall hold office for a term of three years and may be eligible for re-appointment for an additional final term of three years. (2) Notwithstanding the provisions of subsection (1), the Chairperson or a member of the Board may be removed from office if that person— (a) has been absent from three consecutive meetings of the Committee without justifiable cause or the written permission of the Chairperson;
…………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3175)
(b) is adjudged bankrupt or enters into a composition or arrangement with the creditors of the person (c) is convicted of an offence involving anti-economic crimes or corruption; (d) becomes incapable of carrying out the functions of their office due to an infirmity of mind or body; (e) violates Chapter Six of the Constitution; or (f) fails to disclose any interest in a matter under consideration by the Committee as provided for under this Act. Remuneration of the Board.
6B. The Chairperson and the members of the Board shall be paid such sitting allowances or other remuneration for expenses as recommended by the Salaries and Remuneration Commission. Vacancy. 6C. (1) The office of the Chairperson or a member of the Board shall become vacant if the holder— (a) dies; (b) resigns from office in writing addressed to the county executive committee member; (c) is absent from three consecutive meetings of the Board without good cause; or (d) is removed from office under subsection (2). (2) A person may be removed as a chairperson or member of the Board if that person— …………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3176)
(a) is absent without permission of the Chairperson or the county executive committee member from three consecutive meetings of the Board; (b) contravenes the provisions Chapter Six of the Constitution; (c) is incapacitated by prolonged physical or mental illness and is unable to discharge the duties of his or her office; (d) is convicted of an offence and imprisoned for a term of more than six months; (e) fails to comply with the provisions of the Act relating to disclosure of interest; or (f) is adjudged bankrupt or enters into a composition scheme or arrangement with his or her creditors. Committees of the Board. 6D. The Board may establish such committees as it may consider necessary for the performance of its functions and the exercise of its powers under the Act. Conduct of affairs and business of the County Committee. 6E. (1) The conduct of affairs and business of the Board shall be in accordance with the First Schedule of this Act. (2) Subject to subsection (1), the Board may amend its own procedures for the better carrying out of its functions.
………../Notice of Amendments
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CLAUSE 7
THAT clause 7 of the Bill be amended— (a) by deleting subclause (1); (b) in subclause (2) by deleting the words “ with the Board” and substituting therefor the words “ in accordance to the Act”; (c) in subclause (3) by deleting the word “Board” appearing immediately after the words “made to the” and substituting therefor the words “ the county executive committee member” (d) in subsection (4) by deleting the word “ Board” appearing immediately after the word “The” at the beginning of the subclause and substituting therefor the words “county executive committee member; (e) by inserting the following new subsection immediately after subsection (5)— (6) The county executive committee member shall submit a copy of the register to the Authority every three months. (f) by inserting the following new clause immediately after clause 7 – Power to suspend or revoke certificate of registration. 7A. (1) The county executive committee member may suspend or revoke any certificate of registration issued under this Act on the grounds that the owner of the motorcycle or the rider of the motorcycle has failed or neglected to comply with the provisions of the Act. (2) Prior to suspension of the certificate of registration under subsection (1) the county executive committee member shall— (a) inform the holder of a registration certificate of the reasons for the proposed suspension or revocation; and (b) give the holder of a registration certificate an opportunity to be heard in respect to the proposed suspension or revocation.
CLAUSE 8
THAT the Bill be amended by deleting clause 8.
………../Notice of Amendments
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CLAUSE 9
THAT the Bill be amended by deleting clause 9 and substituting therefor the following new clause—
Cooperative Societies Membership.
Cap. 490.
- 9. (1) A person who owns a
motorcycle for commercial purposes shall register with a Cooperative Society recognised under the Cooperative Societies Act. (2) Each Cooperative Society shall provide proof of registration of an owner confirming their membership at the request of the county executive committee member. (3) For purposes of this Act, the membership of an owner to a Cooperative Society shall not be for purposes of forming a gang or cartel by the owners or the riders who work for them.
CLAUSE 10
THAT clause 10 of the Bill be amended— (a) in subclause (1) by deleting the word “ Board” appearing immediately after the words “approved by the” and substituting therefor the word “Authority” (b) in subclause (2) by deleting the word “Board” appearing immediately after the word “The” and substituting therefor the word “Authority” (c) by inserting the following new subsection immediately after subsection (3)— (4) The county executive committee member may provide for the manner in which the training many be offered in the local languages in the county.
CLAUSE 11
THAT clause 11 of the Bill be amended by inserting the following new subclause immediately after subclause (2)— (3) Every owner shall ensure — (a) no structural modifications to the motorcycle are undertaken that may obstruct the visibility of the rear number plates; (b) no structural modifications to the motorcycle are undertaken that may affect the safe operation of the motorcycle; ………../Notice of Amendments
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(c) no modifications to the exhaust system or any other noise abatement device of a motorcycle are done so as to cause the noise emitted by the motorcycle to be above that emitted by the motorcycle as originally manufactured.
CLAUSE 12
THAT clause 12 of the Bill be amended (a) in subsection (1)— (i) by deleting the word “Board” appearing immediately after the words “issued by the” in paragraph (b) and substituting therefor the words “ county executive committee member”; (ii) by deleting the word “person” appearing immediately after the words “more than one” in paragraph (d) and substituting therefor the words “adult passenger”; (iii) by deleting the words “passengers are carried on a proper seat with foot rests securely fixed to the motorcycle behind the rider’s seat” appearing immediately after the words “ensure that” in paragraph (e) and substituting therefor the words “a passenger is carried on a proper seat with foot rests securely fixed to the motorcycle behind the seat of the rider”; and (iv) by deleting the words “loads exceeding fifty kilograms and passengers” appearing immediately after the words “ensure that” in paragraph (h) and substituting therefor the words “a load exceeding fifty kilograms and an adult passenger”. (b) in subsection (2) by deleting the words “unless that person has a valid certificate of registration issued by the Board” appearing immediately after the words “not ride a motorcycle” in paragraph (b) and substituting therefor the words “ that has not been duly registered under this Act”.
CLAUSE 13
THAT clause 13 of the Bill be amended in subclause in subsection (2)— (i) by deleting paragraph (a) and substituting therefor the following new paragraph— (a) a child who is less that thirteen years old may be carried together with an adult passenger provided the child is seated between the rider and the adult passenger. (ii) by deleting paragraph (b).
CLAUSE 14
THAT clause 14 of the Bill be amended in subclause (3) by deleting the word “Board” appearing immediately after the word “The” and substituting therefor the following new words “ county executive committee member”
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CLAUSE 15
THAT clause 15 of the Bill be amended by deleting the word “Board” appearing immediately after the words “authorised by the” and substituting therefor the following new words “ county executive committee member”
CLAUSE 16
THAT clause 16 (3) of the Bill be amended by deleting the word “nine” appearing immediately after the words “ is less than” and substituting therefor the word “thirteen”.
CLAUSE 17
THAT clause 17 of the Bill be amended in subclause (1) by deleting the word “thirty kilograms for a motorcycle whose carrying capacity does not exceed fifty cc and kilograms for a motorcycle whose carrying capacity does not exceed four hundred cc” appearing immediately after the words “is more than” in paragraph (c) and substituting therefor the word “fifty kilograms”.
CLAUSE 18
THAT clause 18 of the Bill be amended — (a) in subclause (1) by deleting the words “county transport and safety board” appearing immediately after the word “The” and substituting therefor the words “county executive committee member”; and (b) in subclause (6) “county transport and safety board” appearing immediately after the word “The” and substituting therefor the words “county executive committee member”
CLAUSE 19
THAT clause 19 of the Bill be amended — (a) in subclause (1) by deleting the word “Board” appearing immediately after the words “issued by the” and substituting therefor the words “county executive committee member”; (b) in subclause (2) “Board” appearing immediately after the word “The” and substituting therefor the words “county executive committee member”; and (c) in subclause (4) “Board” appearing at the beginning of the subclause and substituting therefor the words “The county executive committee member”.
CLAUSE 21
THAT the Bill be amended by deleting clause 21.
CLAUSE 23
THAT clause 23 of the Bill be amended — (a) in subclause (1) by deleting the word “Board” appearing immediately after the words “device approved by” and substituting therefor the words “the county executive committee member” ………../Notice of Amendments
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(b) in subsection (2) by inserting the word “(1)” immediately after the words “to in sub-section” (c) in subsection (3) by deleting the word “Board” appearing immediately after the words “The” and substituting therefor the words “the county executive committee member” (d) in subclause (4) by deleting the word “Board” appearing immediately after the words “device to the” and substituting therefor the words “the county executive committee member”
CLAUSE 26
THAT clause 26 of the Bill be amended by deleting the word “County Transport and Safety Board” appearing immediately after the word “The” and substituting therefor the words “county executive committee member”.
CLAUSE 27
THAT clause 27 of the Bill be amended by deleting the word “these” appearing immediately after the words “any provision of ” and substituting therefor the word “this”.
CLAUSE 28
THAT clause 28 of the Bill be amended by inserting the following new clause—
County legislation. 28A. Nothing in this Act shall preclude county governments from enacting legislation related to regulation of motorcycles within its county.
NEW CLAUSE 30
THAT the Bill be amended by inserting the following new clause immediately after clause 29 – Consequential amendments.
- 30. Section 21 and 22 of the National
Transport and Safety Act are repealed.
INSERTION OF SCHEDULE
SCHEDULE
s. 6E
CONDUCT OF BUSINESS AND
AFFAIRS OF BOARD
Meetings of the Board.
- 1. (1) The Board shall meet at least once
in every three months to conduct the business of the Board.
(2) The Chairperson shall convene the ordinary meetings of the Board.
(3) Despite the provisions of subparagraph (1), the Chairperson shall, upon a written request by at least five members, convene a special meeting of the Board at any time where the chairperson considers it expedient for the transaction of the business. …………../Notice of Amendments
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(4) Unless three quarters of the total number of the members of the Board otherwise agree, at least fourteen days written notice of every meeting shall be given to every by the respective Secretary.
(5) The quorum for the conduct of the business of the Board shall be five members.
(6) The chairperson shall preside at every meeting of the Board at which the Chairperson is present and in the Chairperson’s absence, the members present shall elect one person from their number to preside over the meeting and that person shall have all the powers of the Chairperson.
(7) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairperson or person presiding over the meeting shall have a casting vote.
(8) The proceedings of the Board shall not be invalidated by reason of a vacancy within its membership.
(9) Subject to provisions of this Schedule, the Board may determine its own procedure and for the attendance of other persons at its meetings thereof.
Disclosure of Interest.
- 2. (1) If a member of the Board is
directly or indirectly interested in any matter before the Council or the county e- waste committee and is present at the respective meeting at which the matter is the subject of consideration, that member shall, at the meeting and as soon as reasonably practicable after the commencement thereof, disclose the member’s interest in the matter and shall not take part in the deliberations relating to the matter, or vote on, the matter.
(2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.
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II.
NOTICE is given that the Senator for Vihiga County (Sen. Godfrey Osotsi, MP) intends to move the following amendments to the Public Transport (Motorcycle Regulation) Bill (Senate Bills No. 38 of 2023), at the Committee Stage —
CLAUSE 5
THAT clause 5 of the Bill be amended by –
(a) deleting paragraph (f);
(b) deleting paragraph (g) and substituting therefor the following new paragraph— (f) six persons appointed by the county executive committee member responsible for matters relating to transport as follows – (i) two persons representing bodaboda riders; (ii) two persons representing bodaboda owners; and (iii) two persons representing Savings and Cooperative Societies in the county.
CLAUSE 9
THAT clause 9 of the Bill be amended in subsection (1) by inserting the words “that relates to motorcycle riders and owners” immediately after the words “Savings and Cooperative Societies”.
CLAUSE 11
THAT clause 11 of the Bill be amended by inserting the following new subsection immediately after subsection (2)—
(3) The helmet and the reflector jacket provided in subsection (2) shall have the registration number of the motorcycle embossed on the helmet and jacket.
CLAUSE 14
THAT clause 14 of the Bill be amended—
(a) in subsection (1) by deleting the word “employment” appearing immediately after the words “enter into a written”;
(b) in subsection (2) – (i) by deleting the word “employment” appearing immediately after the word “The” in the introductory statement; and
(ii) in paragraph (a) by deleting the word “employment” appearing immediately after “terms and conditions of employment”; and
(c) in subsection (3) by deleting the word “employment” appearing immediately after the words “shall develop model”.
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CLAUSE 2
THAT clause 2 of the Bill is amended by deleting the definition of the term “employment contract” and substituting therefor the following new definition—
“contract” means a written or oral agreement between the owner of a motorcycle and a rider which provides the terms and conditions of engagement, including wages, working hours, duties and responsibilities and other relevant matters.
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C. ****THE POLITICAL PARTIES (AMENDMENT) (NO. 2) BILL (SENATE
BILLS NO. 26 OF 2024)
(The Senate Majority Leader and the Senate Minority Leader)
I. NOTICE is given that the Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights, intends to move the following amendments to the Political Parties (Amendment) (No. 2) Bill (Senate Bills No. 26 of 2024), at the Committee Stage —
CLAUSE 2
THAT clause 2 of the Bill be amended by deleting paragraph (a) and substituting therefor the following new paragraph – (a) deleting the definition of the word “Commission” and substituting therefor the following new definition - “Commission” means the Independent Political Parties Regulatory Commission established under section 33.
CLAUSE 5
THAT the Bill be amended by deleting clause 5 and substituting therefor the following new clause – Repeal and replacement of section 33 of Cap. 7D
- 5. The principal Act is amended by repealing section 33 and
substituting therefor the following new sections—
Establishment of the Independent Political Parties Regulatory Commission.
- 33. (1) There is established a Commission known as
the Independent Political Parties Regulatory Commission. (2) The Commission shall be a body corporate with perpetual succession and a seal, and shall be capable, in its own name of— (a) acquiring and disposing of property; (b) suing and being sued; and (c) doing or performing all such acts and things as a body corporate may by law do or perform.
Functions of the Commission. 33A. (1) The Commission is responsible for — (a) the registration of political parties and their office holders; (b) the management of the Political Parties’ Fund established under this Act; (c) ensuring the publication of audited annual accounts of political parties; (d) the verification and making publicly available the list of all members of political parties; (e) keeping and maintaining a register of members of registered political parties; (f) maintaining a register of political parties and the symbols of the political parties;
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(g) ensuring and verifying that no person is a member of more than one political party and notifying the Independent Electoral and Boundaries Commission of its findings; (h) certifying that an independent candidate in an election is not a member of any registered political party; (i) certifying that the symbol intended to be used by an independent candidate in an election does not resemble the symbol of a registered political party; (j) certifying that the names appearing in a party list are the names of members of the political party; presenting the party list; (k) regulating political party nominations in accordance with this Act; (l) training political party election agents upon the request and financing by the political party; (m) investigating complaints received under this Act; and (n) such other functions as may be conferred on the Commission by national legislation. (2) The Commission, in the performance of its functions, shall be independent and not subject to the direction or control of any person or authority.
Membership of the Commission. 33B. (1) The Commission shall comprise of five members nominated in accordance with subsection (2) and appointed by the President with the approval of Parliament. (2) The members of the Commission shall be nominated as follows — (a) two members, one man and one woman, nominated by the majority party or coalition of parties in Parliament; (b) two members, one man and one woman, nominated by the minority party or coalition of parties in Parliament; (c) one member nominated by the Parliamentary Service Commission being a representative of nonparliamentary registered political parties. (3) The members of the Commission shall elect a chairperson and vice chairperson from among themselves— (a) at the first sitting of the Commission; and (b) whenever it is necessary to fill a vacancy in the office of the chairperson and vice-chairperson. (4) The chairperson and vice chairperson of the Commission shall not be of the same gender.
Qualifications for appointment as member of 33C. (1) A person is qualified for appointment as member of the Commission if that person— (a) holds a degree from a university recognised in Kenya; …………../Notice of Amendments
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the Commission.
(b) has proven knowledge and experience in any of the following fields— (i) finance; (ii) management; (iii) political science; (iv) electoral matters (v) law; (vi) governance; or (vii) public administration; (c) has at least ten years post qualification experience in the relevant areas of expertise; and (d) meets the requirements of Chapter Six of the Constitution. (2) A person is not qualified for appointment as a member of the Commission if the person – (a) has, at any time within the preceding five years, held office or stood for election for any elective position in Kenya or as a member of a governing body of a political party; (b) is an undischarged bankrupt; or (c) has been removed from office for contravening the provisions of the Constitution or any other law. (3) A person who serves as a member of the Commission is not eligible to contest for any elective position or as a member of a governing body of a political party within five years of the person ceasing to be a member of the Commission.
Tenure of office. 33D. (1) The members of the Commission shall be appointed for a single term of six years and are not eligible for re-appointment. (2) The members of the Commission shall serve on a full-time basis.
Vacancy in the office of a member of the Commission. 33E. (1) The office of a member of the Commission shall become vacant if the holder—
(a) dies; (b) resigns from office by notice in writing addressed to the President; or (c) is removed from office in accordance with section 33F. (2) The President shall publish a notice of a vacancy in the Gazette within seven days of the occurrence of such vacancy.
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(3) Whenever a vacancy arises under subsection (1), the nominating body shall, within sixty days from the date of publication of the vacancy, competitively recruit and submit the name of the nominee to the President for appointment. (4) The members of the Commission shall, before assuming office, take and subscribe to the oath or affirmation prescribed in the Fourth Schedule.
Removal from office. 33F. (1) A member of the Commission may be removed from office only on grounds of—
(a) serious violation of the Constitution or of this Act; (b) gross misconduct whether in the performance of the member’s or office holder’s functions or otherwise; (c) physical or mental incapacity to perform the functions of office; (d) bankruptcy; or (e) incompetence. (2) A person desiring the removal of a member of the Commission shall present a petition to the Public Service Commission which shall be in writing, setting out the alleged facts constituting the grounds for the removal of the member. (3) The Public Service Commission shall consider the petition and, if it is satisfied that it discloses the existence of a ground under subsection (1), send the petition to the President. (4) On receipt and examination of the petition, the President shall— (a) suspend the member pending the outcome of the petition; and (b) appoint a tribunal in accordance with subsection (5). (5) The President shall appoint a tribunal consisting of— (a) a chairperson who shall be nominated by the Judicial Service Commission and who shall be a person who is qualified to hold office as a judge of a superior court; (b) two other persons, a man and a woman, who shall be nominated by the Law Society of Kenya and who shall be qualified to hold office as a judge of a superior court; and
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(c) two persons, a man and a woman, who shall be nominated by the Association of Professional Societies in East Africa and who have knowledge and experience in public affairs and are competent to assess the facts in respect of the particular ground for removal. (6) The tribunal shall, within thirty days, investigate the matter and report on the facts to the President who shall act in accordance with the recommendation. (7) A person who is suspended under this section shall continue, while on suspension, to receive one-half of the remuneration and benefits of the office.
Procedure of the Commission. 33G. (1) The business and affairs of the Commission shall be conducted in accordance with the Sixth Schedule. (2) Except as provided in the Sixth Schedule, the Commission may regulate its own procedure.
Terms and conditions of service. 33H. The salaries and allowances payable to, and other terms and conditions of service of the members of the Commission shall be determined by the Salaries and Remuneration Commission.
Appointment of the secretary. 33I. (1) There shall be a secretary to the Commission who shall be competitively recruited and appointed by the Commission. (2) The secretary shall be – (a) the chief executive officer of the Commission; and (b) the head of the secretariat and shall be responsible to the Commission. (3) A person is qualified for appointment as a secretary to the Commission if the person— (a) is a citizen of Kenya; (b) holds a degree from a university recognized in Kenya; (c) has had at least ten years proven experience at management level; (d) has extensive experience in public administration; and (e) meets the requirements of Chapter Six of the Constitution. (4) The secretary shall hold office for a term of five years and shall be eligible for re-appointment for a further term of five years.
Removal of the secretary. 33J. (1) The secretary may be removed from office by the Commission in accordance with the terms and conditions of service for— (a) inability to perform the functions of the office of secretary arising out of physical or mental incapacity; …………../Notice of Amendments
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(b) gross misconduct; (c) incompetence or neglect of duty; (d) violation of the Constitution; or (e) any other ground that would justify removal from office under the terms and conditions of service. (2) Before the secretary is removed under subsection (1), the Secretary shall be given— (a) sufficient notice of the allegations made against him or her; and (b) an opportunity to present his or her defence against the allegations.
Powers of the Commission to appoint staff. 33K. The Commission shall have the power to appoint such other staff as may be necessary for the proper discharge of its functions under this Act and on such terms and conditions of service as the Commission may determine in consultation with the Salaries and Remuneration Commission.
CLAUSE 7
THAT the Bill be amended by deleting clause 7 and substituting therefor the following new clause –
Amendment of section 34C of Cap 7D.
- 7. Section 34C of the principal Act is amended –
(a) in subsection (1) by deleting the words “or is deemed to have resigned from the political party and the Registrar has been notified of the resignation” appearing in paragraph (c); and (b) by deleting subsection (4) and substituting therefor the following new subsection – (4) A political party that is dissatisfied by the decision of the Commission under subsection (1) may appeal to the High Court.
CLAUSE 8
THAT the Bill be amended by deleting clause 8 and substituting therefor the following new clause –
Savings and transition.
- 8. On the commencement of this Act –
(a) all the funds, assets and other property movable and immovable which immediately before that day, were held in the name of the Office of the Registrar of Political Parties shall, without further assurance, vest in the Commission;
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(b) all rights, powers, liabilities and duties, whether arising under any written law or otherwise, which immediately before that day were vested in, imposed on or enforceable by or against the Office of the Registrar of Political Parties shall, be transferred to, vested in, imposed on or enforceable by or against the Commission; (c) all actions, suits or legal proceedings pending by, against or before the Office of the Registrar of Political Parties shall be carried on or prosecuted by, against or before the Commission; (d) all records kept, certificate issued, actions taken and decisions made by the Office of the Registrar of Political Parties shall, deemed to have been kept, issued or made by the Commission; (e) a person who immediately before that day was a member of staff of the Office of the Registrar of Political Parties shall be deemed to be a member of staff of the Commission and shall continue to serve under the same terms and conditions.
NEW CLAUSE 2A
THAT the Bill be amended by inserting the following new clause immediately after clause 2 – Amendment of section 21 of Cap. 7D. 2A. Section 21 of the principal Act is amended by deleting subsection (7) and substituting therefor the following new subsection –
(7) A political party which is dissatisfied with the decision of the Commission under subsections (1) or (2) may appeal to the High Court against the decision.
NEW CLAUSE 4A
THAT the Bill be amended by inserting the following new clause immediately after clause 4 – Amendment of section 32 of Cap. 7D. 4A. Section 32 of the principal Act is amended by – (a) deleting subsection (1) and substituting therefor the following new subsection – (1) The Commission shall keep proper books of account of the income, expenditure and assets of the Commission.
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(b) by deleting subsection (2) and substituting therefor the following new subsection – (2) Within a period of three months after the end of a financial year, the Commission shall submit to the Auditor-General, the accounts of the Commission together with— (a) a statement of the income and expenditure of the Commission during that year; and (b) a statement of the assets and liabilities of the Commission during that year.
NEW CLAUSE 6 A
THAT the Bill be amended by inserting the following new clause immediately after clause 6 – Repeal of section 34A of Cap. 7D. 6A. The principal Act is amended by repealing section 34A.
NEW CLAUSES
THAT the Bill be amended by inserting the following new clauses immediately after clause 7 –
Repeal of section 36 of Cap. 7D. 7A. The principal Act is amended by repealing section 36.
Repeal of section 37 of Cap 7D. 7B. The principal Act is amended by repealing section 37.
Amendment of section 38 of Cap 7D. 7C. Section 38 of the principal Act is amended in subsection (3) by inserting the words “Independent Electoral and Boundaries” immediately after the words “between the Registrar”.
Amendment of section 40 of Cap. 7D. 7D. Section 40 of the principal Act is amended in subsection (1) by deleting paragraph (f).
Repeal and substituting of the Sixth Schedule. 7E. The principal Act is amended by repealing the Sixth Schedule and substituting therefor the following new schedule –
SIXTH SCHEDULE (s. 33G)
MEETINGS AND PROCEDURE OF THE
COMMISSION
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- 1. Meetings
(1) The Commission shall decide when and where it meets and the meetings shall be convened by the chairperson. (2) The Commission shall have at least four meetings in every financial year and not more than four months shall elapse between one meeting and the next meeting. (3) Unless three members otherwise agree, at least seven days’ notice in writing of a meeting shall be given to every member. (4) A meeting shall be presided over by the chairperson or in the absence of the chairperson, by the vice-chairperson. (7) The Commission may invite any person to attend any of its meetings and to participate in its deliberations, but such person shall not have a vote in any decision of the Commission.
- 2. Committees of the Commission
(1) The Commission may, from time to time, establish committees for the better carrying out of its functions. (2) The Commission may— (a) co-opt into the membership of a committee established under subsection (1) other persons whose knowledge and skills are necessary for the functions of the Commission; (b) hire such experts or consultants as are necessary for the functions of the Commission.
- 3. Conflict of interest
(1) If any person has a personal or fiduciary interest in any matter before the Commission, and is present at a meeting of the Commission or any committee at which any such matter is the subject of consideration, that person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not take part in any consideration or discussion of, or vote on any question touching such matter. (2) A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made. (3) A person who contravenes subparagraph (1) commits an offence. (4) No member or staff of the Commission shall transact any business or trade with the Commission.
- 3. Quorum
Subject to subparagraph (2), the quorum of the meeting shall be three members.
- 4. Voting
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A question before the Commission shall be decided with a supporting vote majority of the members present.
- 5. Rules of procedure and minutes
The Commission shall— (a) determine rules of procedure for the conduct of its business; and (b) keep minutes of its proceedings and decisions.
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D. *THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE BILLS
NO. 40 OF 2023)
(Sen. Hamida Ali Kibwana, MP)
NOTICE is given that the Chairperson, Standing Committee on Finance and Budget, intends to move the following amendments to the Public Finance Management (Amendment) Bill (Senate Bills No. 40 of 2023), at the Committee Stage-
CLAUSE 2
THAT the Bill be amended by deleting clause 2 and substituting therefore the following new clause-
Insertion of new sections in Cap. 412A
- 2. The principal Act is amended by inserting the
following new sections immediately after section 160 —
Establishment of Committee. 160A. (1) There is established a Revenue Collection System Committee which shall consist of-
(a) the Cabinet Secretary or a person designated in writing;
(b) the Principal Secretary for matters related to Devolution;
(c) the Controller of Budget or a person designated in writing;
(d) the Commissioner General of the Kenya Revenue Authority or a person designated in writing; and
(e) two persons nominated by the Council of Governors.
(2) The Committee shall, within nine months of the coming into force of this Act, design, develop and coordinate integrated county revenue system which shall—
(a) be transparent, efficient, effective and verifiable;
(b) ensure data accuracy and protection;
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(c) respect and promote the distinctiveness of the national and county governments;
(d) be adequately secure to prevent any fraud, losses or leakages; and
(e) provide for separate accounting and reporting
(3) Within three months of the development of the system under subsection (3), each county government shall adopt and implement the integrated county revenue management system
Reports. 160B. (1) A county treasury shall prepare and submit a quarterly report on the status of the adoption and implementation of the integrated county revenue management system.
(2)A report under subsection (1) shall be submitted to the respective county assembly, the Senate and the Controller of Budget.
CLAUSE 3
THAT clause 3 of the Bill be amended in the proposed new section 191F (1) by inserting the words “in consultation with the respective county executive committee member” immediately after the words “Cabinet Secretary shall”.
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E. ****THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL (SENATE
BILLS NO. 12 OF 2024)
(The Senate Majority Leader)
I. NOTICE is given that the Chairperson Standing Committee on Devolution and Intergovernmental Relations intends to move the following amendments to the Intergovernmental Relations (Amendment) Bill (Senate Bills No. 12 of 2024) at the Committee Stage—
CLAUSE 3
THAT clause 3 of the Bill be amended—
(a) in paragraph (d) in the proposed new sub-section (4) (a) by inserting— i. the words “in law, humanities or social sciences” immediately after the words “a Master’s degree”; ii. the following new paragraph immediately after paragraph (c) (d) has at least 15 years working experience, ten of which should have been held in a managerial position; (b) in paragraph (e ) by deleting the proposed new section 5(b) and substituting therefor the following new paragraph –
(b) has knowledge and experience of at least ten years in matters relating to —
i. law; ii. public administration; iii. alternative Dispute Resolution; iv. economics; v. finance; vi. human rights; vii. management; or viii. social sciences;
CLAUSE 4
THAT clause 4 of the Bill be amended—
(a) by deleting paragraph (a) and substituting therefor the following new paragraph-
(a) The Agency shall be responsible for the day-to-day administration of the Summit and in particular— (i). facilitate the activities of the Summit; and (ii). implement the decisions of the Summit. (b) in paragraph (b) by inserting the following new paragraph immediately after paragraph (ci)— (cj) undertake research on intergovernmental matters.
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CLAUSE 6
THAT clause 6 of the Bill be deleted and substituted with the following new clause—
- 6. Section 13 of the principal Act, is amended-
(i). in subsection (1) by deleting the words “Technical Committee” appearing at the beginning of the subsection and substituting therefor the word “Agency”; (ii). by inserting the following new subsection immediately after sub section (1)—
1A. The Council of Governors may establish and convene sector forums on sectoral issues of common interest among county governments.
CLAUSE 12
THAT clause 12 of the Bill be amended in the proposed new Section 20A (1) by inserting the following new paragraph immediately after paragraph (a)—
(aa) Monies allocated annually by Parliament for the purposes of the Council.
CLAUSE 13
THAT clause 13 of the Bill be amended-
(a) in the new proposed new section 23C by deleting the words “the it can only be staff of the council secretariat” appearing in the marginal note; (b) by inserting a new Section immediately after the proposed new section 23C- 23CA. The staff serving in the Council shall at the commencement of this Act be deemed to be staff of the Council as provided for under section 23C; (c) in the proposed new section 23E (3)- (i). by inserting the following new paragraph immediately after paragraph (b)- (ba). a Secretary General who shall be a member of a County Assembly; (ii). by deleting the word “seven” appearing at the beginning of paragraph (c) and substituting therefor the word “Six” ; (d) in the proposed new section 23F(1) – (i). by inserting the word “resolution” immediately after the words “facilitating disputes” in paragraph (c); (ii). by inserting the following new paragraphs immediately after paragraph (e)-
(f). representing County Assemblies in all engagements with Intergovernmental Forums;
…………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3199)
(g). considering reports from other intergovernmental forums on matters affecting County Governments;
(e) in the proposed new Section 23G (1) by inserting the following new paragraph immediately after paragraph (a)— (aa) Monies allocated annually by Parliament for the purposes of the Forum. (f) In the proposed new Section 23K by deleting the words “for— - where has this entity come from?” appearing immediately after the words “conditions of service”.
CLAUSE 17
THAT clause 17 of the Bill be deleted.
II.
NOTICE is given that the Senator for Bomet County (Sen. Wakili Hillary Sigei, MP) intends to move the following amendments to the Intergovernmental Relations (Amendment) Bill (Senate Bills No. 12 of 2024) at the Committee Stage—
CLAUSE 2
THAT, the Principal Act be amended in Section 2 by inserting the following new definitions in their proper alphabetical order —
“agency” means the Intergovernmental Relations Agency established under section 11;
“Administrator” has the meaning assigned to it under the Retirement Benefits Act;
“Existing scheme” means a retirement benefit pension scheme which existed prior to the setting up of county governments and meets the criteria stipulated under Section 19A of this Act;
“liabilities” means pension debts owing to a retirement benefit scheme as a result of unremitted contributions, and may include principal debt, actuarial deficits, interests or penalties and profits;
“Pension Scheme” means a retirement benefit scheme for the payment of regular or periodical payments of benefits to the members or employees when they leave employment or to the dependants of members or employees on the death of those employees;
“Umbrella Scheme” means a retirement benefits scheme grouping with members employed by several employers, in which employees and employer's contributions are paid into the fund established for that purpose;
…………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3200)
“Scheme rules” means regulations made under section 19D providing for establishment of a pension scheme for county government employees and related purposes;
“Trustees” means the trustees of the Scheme;
NEW CLAUSES
THAT the Principal Act is amended by inserting the following new sections immediately after Section 19-
11A. Establishment of Pension Scheme
(1) Employees and staff of a county government shall subscribe to an existing pension scheme for officers and staff of county governments prescribed under this Act.
(2) The pension scheme shall be one which is–
(a) established under irrevocable trusts or under regulations made under section 19D; (b) registered under the Retirement Benefits Act prior to the Commencement of this Act; (c) a retirement benefit scheme which offers lifetime periodical pension; (d) a defined contribution (umbrella) pension scheme; (e) subscribed to by a majority of employees in all the county governments in Kenya as at the coming into force of this section; and (f) not a defined benefits pension scheme.
(3) The Scheme shall be one administered by an administrator of the Scheme appointed by the Trustees.
(4) The benefits entitlement shall not be less than those provided for under a Scheme existing at the commencement of this Act.
11B. Trustees of the Scheme.
(1) There shall be a Board of Trustees which shall be a body corporate registered as such under the Trustees (Perpetual Succession) Act. (2) The Scheme shall have at least four and not more than nine trustees. (3) The Council shall ensure that at least one of the nine trustees is an independent trustee who– (a) shall be sourced through a competitive recruitment process by the Council; and (b) possesses all relevant qualifications required of trustees under the Retirement Benefits Act.
…………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3201)
11C. The Schemes shall have reciprocal arrangements for purposes of portability of benefits with a contributory scheme for national government public service and any other registered pension scheme in Kenya and compatible schemes in any foreign country.
11D. Any law or regulation on retirement benefits for counties which existed at the commencement of this Act shall within one year be amended to conform to this Act.
NEW CLAUSE 11E
THAT the principal Act is amended in Section 20 subsection (1) by inserting the following new paragraphs immediately after paragraph (i) —
(j) coordinate the appointment of Trustees to the Schemes upon receipt of nomination by relevant stakeholders and appoint independent trustees in accordance with the Retirement Benefits Act;
(k) perform such other coordination functions as may be necessary for the efficient functioning of the Schemes; and
(l) ensure the respective counties perform their responsibilities as sponsors of the scheme effectively for the best interest of their employees and in accordance with the Retirement Benefits Act.
…………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3202)
F. **** THE ELECTIONS (AMENDMENT) (NO. 2) BILL (SENATE BILLS NO. 29 OF
2024) (The Senate Majority Leader and the Senate Minority Leader)
NOTICE is given that the Chairperson, Standing Committee on Justice Legal Affairs and Human Rights intends to move the following amendments to the Elections (Amendment) (No.2) Bill (Senate Bills No. 29 of 2024), at the Committee Stage—
CLAUSE 2
THAT clause 2 of the Bill be amended— (a) in paragraph (c) by deleting the proposed new definition of the word “political party” and substituting therefor the following definition—
“political party” has the meaning assigned to it under Article 260 of the Constitution; and (c) in paragraph (e) by inserting words “and is cleared by” immediately after the words “applies to”.
CLAUSE 3
THAT clause 3 of the Bill be amended by deleting paragraph (c)
CLAUSE 4
THAT clause 4 of the Bill be amended in paragraph (a) by— (a) deleting the introductory clause of the proposed new subsection 1A and substituting therefor the following new introductory clause – (1A) The Commission may revise the particulars of voters at any time except – (b) inserting the words “within the affected electoral area” immediately after the words “such by-election” in the proposed new subsection (1A)(b).
CLAUSE 14
THAT the Bill be amended by deleting clause 14 and substituting therefor the following new clause – Amendment of section 27 of No. 24 of 2011.
- 14. Section 27 of the principal Act is amended –
(a) by inserting the following new subsection immediately after subsection (1A)— (lB) Notwithstanding the provisions under subsection (1) a coalition political party shall, within fourteen days of registration, submit to the Commission a copy of the coalition political party’s nomination rules certified by the Registrar of Political Parties. (b) in subsection (2A) by deleting the words “from a political party under subsection (1)” appearing immediately after the words “the nomination rules” and substituting therefor the words “under subsection (1) and (1B)”.
…………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3203)
CLAUSE 15
THAT clause 15 of the Bill be amended by— (a) Deleting paragraph (b). (b) Deleting paragraph (c).
CLAUSE 16
THAT clause 16 of the Bill be amended by inserting the following new paragraph immediately after paragraph (b) – (c) in subsection (3) by deleting the word “candidate” appearing immediately after the words “the symbol of another” in paragraph (a) and substituting therefor the words “independent candidate within the same county”.
CLAUSE 21
THAT the Bill be amended by deleting clause 21 and substituting therefor the following new clause – Amendment of section 38A of Act No. 24 of 2011.
- 21. Section 38A of the principal Act be amended by –
(a) renumbering it 38B; and (b) by deleting the words “not exceed seven hundred” appearing immediately after the words “polling station shall not exceed” and substituting therefor the words “be between fifty and one thousand”.
CLAUSE 23
THAT clause 23 of the Bill be amended in the proposed new subsection (4A) by inserting the following new paragraph immediately after paragraph (iii)—
(iv) processing of data is only effected through a server or a data centre located in Kenya.
CLAUSE 25
THAT the Bill be amended by deleting clause 25 and substituting thereof the following new clause— Amendment of section 45 of Act No. 24 of 2011.
- 25. Section. 45 of the principal Act be amended by—
(a) deleting subsection (2) and substituting therefore the following new subsection— (2) A member may be recalled on the following grounds— (a) misconduct likely to bring hatred, ridicule, contempt or disrepute to the office; and, (b) persistent desertion of the electorate without reasonable cause. (b) deleting subsection (3); and (c) deleting subsection (6).
CLAUSE 30
THAT the Bill be amended by deleting clause 30.
…………../Notice of Amendments
(No.134) THURSDAY, DECEMBER 05, 2024 (3204)
CLAUSE 31
THAT clause 31 of the Bill be amended in the proposed new section 82A by inserting the following new subsection immediately after subsection (4) —
(5) The Commission shall, in ensuring access to information, ensure that the information is in accessible formats for persons with disability where such a request is made or where the information is required to be made available to the general public.
……………/Appendix
(No.134) THURSDAY, DECEMBER 05, 2024 (3205)
APPENDIX
- 1. PAPERS
i. Report of the Mediation Committee on the Conflict of Interest Bill (National Assembly Bills No. 12 of 2023).
(Co-Chairperson, Mediation Committee)
ii. Report of the Standing Committee on Agriculture, Livestock and Fisheries on a Petition to the Senate regarding the catastrophic maize diseases that famers in Bomet County have endured for the last twelve years.
iii. Report of the Standing Committee on Agriculture, Livestock and Fisheries on a Petition to the Senate regarding the EACC graft investigation on the West Kano irrigation scheme.
(The Chairperson, Standing Committee on Agriculture, Livestock and Fisheries)
iv. Report of the Standing Committee on Labour and Social Welfare on its consideration of the County Library Services Bill (Senate Bills No. 40 of 2024)
(The Chairperson, Standing Committee on Labour and Social Welfare)
v. Report of the Standing Committee on Roads, Transportation and Housing on its consideration of the National Construction Authority (Amendment) Bill (National Assembly Bills No. 59 of 2022)
(The Chairperson, Standing Committee on Roads, Transportation and Housing)
vi. Report of the Standing Committee on Health on the County Oversight and Networking Engagements to Taita Taveta, Mombasa and Kwale Counties.
vii. 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) viii. Report of the Auditor General on Bura Municipality, County Government of Garissa for the six months period ended 30th June, 2024.
(The Senate Majority Leader) ……………/Appendix
(No.134) THURSDAY, DECEMBER 05, 2024 (3206)
ix. Reports of the Select Committee on County Public Investments and Special Funds on the Consideration of the Audit Reports of the following County Bursary Funds for the Financial Year 2019/2020, 2020/2021 and 2021/2022:
i. Baringo County Education Bursary and Scholarship Fund; ii. Bomet County Bursary Fund; iii. Bomet County Education Revolving Fund; iv. Bungoma County Education Support Scheme; v. Elgeyo Marakwet County Education Fund; vi. Garissa County Scholarship Fund; vii. Homa Bay County Bursary Fund; viii. Kajiado County Bursary Grants and Scholarship Fund; ix. Kericho County Bursary Fund; x. Kiambu County Education Bursary Fund; xi. Kilifi Ward Scholarship Fund; xii. Kirinyaga County Education Bursary Fund; xiii. Kisii County Bursary Fund; xiv. Kwale County Bursary Fund; xv. Laikipia County Bursary Fund; xvi. Lamu County Bursary and Scholarship Fund; xvii. Machakos County Bursary Fund; xviii. Makueni County Bursary Fund; xix. Mandera County Education Bursary Fund; xx. Marsabit County Education Fund; xxi. Migori County Ward Development Fund; xxii. Mombasa County Elimu Fund; xxiii. Nakuru County Bursary Fund; xxiv. Nandi County Education Fund; xxv. Narok County Bursary Fund; xxvi. Nyamira County Education Bursary Fund; xxvii. Nyandarua County Bursary Fund; xxviii. Nyeri County Elimu Fund; xxix. Samburu County Bursary Fund;
xxx. Siaya County Education Bursary Fund; xxxi. Taita Taveta County Education Fund; xxxii. Tana River County Ward Bursary Fund; xxxiii. Tharaka Nithi County Bursary Development Fund; xxxiv. Trans Nzoia County Elimu Bursary Fund; xxxv. Turkana County Education and Skills Development Fund; xxxvi. Uasin Gishu County Bursary and Skills Development Support Fund; xxxvii. Uasin Gishu County Education Revolving Fund; xxxviii. Vihiga County Education Fund; xxxix. Wajir County Bursary Fund; and xl. West Pokot County Bursary Fund.
x. Report of the Select Committee on County Public Investments and Special Funds on the Consideration of the Audit Reports of the following County Hospitals for the Financial Year 2021/2022:
……………/Appendix
(No.134) THURSDAY, DECEMBER 05, 2024 (3207)
i. Kapsabet County Referral Hospital ii. Karatina Sub County Hospital iii. Kilifi Health Improvement Fund iv. Kinango Sub-County Hospital v. Kwale Sub County Hospital vi. Longisa County Referral Hospital vii. Lunga Lunga Sub County Hospital viii. Migori County Level 4 Hospital ix. Msambweni Sub-County Hospital x. Mt. Kenya Sub County Hospital xi. Mukurweini Sub County Hospital xii. Othaya Sub County Level 4 Hospital
xi. Reports of the Select Committee on County Public Investments and Special Funds on the Consideration of the Audit Reports of the following Municipalities for Financial Years 2020/2021, 2021/2022 and 2022/2023 –
a. Financial Year 2020/2021 i. Eldoret Municipality ii. Kisii Municipality iii. Kitale Municipality iv. Lamu Municipality v. Mwatate Municipality vi. Rumuruti Municipality
b. Financial Year 2021/2022 i. Eldoret Municipality ii. Kakamega Municipality iii. Kisii Municipality iv. Kitale Municipality v. Lamu Municipality vi. Migori Municipality vii. Mumias Municipality viii. Muranga Municipality ix. Mwatate Municipality x. Rongo Municipality xi. Rumuruti Municipality
c. Financial Year 2022/2023 i. Eldoret Municipality ii. Kakamega Municipality iii. Kitale Municipality iv. Migori Municipality v. Mumias Municipality vi. Muranga Municipality vii. Rongo Municipality viii. Rumuruti Municipality
(The Chairperson, Committee on County Public Investments and Special Funds) ……………/Appendix
(No.134) THURSDAY, DECEMBER 05, 2024 (3208)
- 2. NOTICES OF MOTION
i)
REPORT OF THE MEDIATION COMMITTEE ON THE CONFLICT
OF INTEREST BILL (NATIONAL ASSEMBLY BILLS NO. 12 OF
2023) (The Co -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.
ii)
REPORT OF THE STANDING COMMITTEE ON AGRICULTURE,
LIVESTOCK AND FISHERIES ON A PETITION TO THE SENATE
REGARDING THE CATASTROPHIC MAIZE DISEASES THAT
FAMERS IN BOMET COUNTY HAVE ENDURED FOR THE LAST
TWELVE YEARS
(The Chairperson, Standing Committee on Agriculture, Livestock and Fisheries)
THAT, the Senate adopts the Report of the Standing Committee on Agriculture, Livestock and Fisheries on a Petition to the Senate regarding the catastrophic maize diseases that famers in Bomet County have endured for the last twelve years, laid on the Table of the Senate on Thursday, 5th December, 2024.
iii)
REPORT OF THE STANDING COMMITTEE ON AGRICULTURE,
LIVESTOCK AND FISHERIES ON A PETITION TO THE SENATE
REGARDING THE EACC GRAFT INVESTIGATION ON THE WEST
KANO IRRIGATION SCHEME
(The Chairperson, Standing Committee on Agriculture, Livestock and Fisheries)
THAT, the Senate adopts the Report of the Standing Committee on Agriculture, Livestock and Fisheries on a Petition to the Senate regarding the EACC graft investigation on the West Kano irrigation scheme, laid on the Table of the Senate on Thursday, 5th December, 2024.
iv)
REPORTS OF THE SELECT COMMITTEE ON COUNTY PUBLIC
INVESTMENTS AND SPECIAL FUNDS ON THE CONSIDERATION
OF THE AUDIT REPORTS OF THE COUNTY BURSARY FUNDS
FOR THE FINANCIAL YEAR 2019/2020, 2020/2021 AND
2021/2022
THAT, the Senate adopts the Reports of the Select Committee on County Public Investments and Special Funds on The Consideration of the Audit Reports of the following County Bursary Funds for the Financial Year 2019/2020, 2020/2021 and 2021/2022: ……………/Appendix
(No.134) THURSDAY, DECEMBER 05, 2024 (3209)
i. Baringo County Education Bursary and Scholarship Fund; ii. Bomet County Bursary Fund; iii. Bomet County Education Revolving Fund; iv. Bungoma County Education Support Scheme; v. Elgeyo Marakwet County Education Fund; vi. Garissa County Scholarship Fund; vii. Homa Bay County Bursary Fund; viii. Kajiado County Bursary Grants and Scholarship Fund; ix. Kericho County Bursary Fund; x. Kiambu County Education Bursary Fund; xi. Kilifi Ward Scholarship Fund; xii. Kirinyaga County Education Bursary Fund; xiii. Kisii County Bursary Fund; xiv. Kwale County Bursary Fund; xv. Laikipia County Bursary Fund; xvi. Lamu County Bursary and Scholarship Fund; xvii. Machakos County Bursary Fund; xviii. Makueni County Bursary Fund; xix. Mandera County Education Bursary Fund; xx. Marsabit County Education Fund; xxi. Migori County Ward Development Fund; xxii. Mombasa County Elimu Fund; xxiii. Nakuru County Bursary Fund; xxiv. Nandi County Education Fund; xxv. Narok County Bursary Fund; xxvi. Nyamira County Education Bursary Fund; xxvii. Nyandarua County Bursary Fund; xxviii. Nyeri County Elimu Fund; xxix. Samburu County Bursary Fund;
xxx. Siaya County Education Bursary Fund; xxxi. Taita Taveta County Education Fund; xxxii. Tana River County Ward Bursary Fund; xxxiii. Tharaka Nithi County Bursary Development Fund; xxxiv. Trans Nzoia County Elimu Bursary Fund; xxxv. Turkana County Education and Skills Development Fund; xxxvi. Uasin Gishu County Bursary and Skills Development Support Fund; xxxvii. Uasin Gishu County Education Revolving Fund; xxxviii. Vihiga County Education Fund; xxxix. Wajir County Bursary Fund; and xl. West Pokot County Bursary Fund.
laid on the table of Senate on Thursday 5th December, 2024.
v)
REPORT OF THE SELECT COMMITTEE ON COUNTY PUBLIC
INVESTMENTS AND SPECIAL FUNDS ON THE CONSIDERATION
OF THE AUDIT REPORTS OF THE COUNTY HOSPITALS FOR
THE FINANCIAL YEAR 2021/2022
THAT, the Senate adopts the Report of the Select Committee on County Public Investments and Special Funds on the Consideration of the Audit Reports of the following County Hospitals for the Financial Year 2021/2022: ……………/Appendix
(No.134) THURSDAY, DECEMBER 05, 2024 (3210)
i. Kapsabet County Referral Hospital ii. Karatina Sub County Hospital iii. Kilifi Health Improvement Fund iv. Kinango Sub-County Hospital v. Kwale Sub County Hospital vi. Longisa County Referral Hospital vii. Lunga Lunga Sub County Hospital viii. Migori County Level 4 Hospital ix. Msambweni Sub-County Hospital x. Mt. Kenya Sub County Hospital xi. Mukurweini Sub County Hospital xii. Othaya Sub County Level 4 Hospital
laid on the table of Senate on Thursday 5th December, 2024.
vi)
REPORTS OF THE SELECT COMMITTEE ON COUNTY PUBLIC
INVESTMENTS AND SPECIAL FUNDS ON THE CONSIDERATION
OF THE AUDIT REPORTS OF THE MUNICIPALITIES FOR
FINANCIAL YEARS 2020/2021, 2021/2022 AND 2022/2023
THAT, the Senate adopts the Reports of the Select Committee on County Public Investments and Special Funds on the Consideration of the Audit Reports of the following Municipalities for Financial Years 2020/2021, 2021/2022 and 2022/2023 –
a. Financial Year 2020/2021 i. Eldoret Municipality ii. Kisii Municipality iii. Kitale Municipality iv. Lamu Municipality v. Mwatate Municipality vi. Rumuruti Municipality
b. Financial Year 2021/2022 i. Eldoret Municipality ii. Kakamega Municipality iii. Kisii Municipality iv. Kitale Municipality v. Lamu Municipality vi. Migori Municipality vii. Mumias Municipality viii. Muranga Municipality ix. Mwatate Municipality x. Rongo Municipality xi. Rumuruti Municipality
c. Financial Year 2022/2023 i. Eldoret Municipality ii. Kakamega Municipality iii. Kitale Municipality iv. Migori Municipality v. Mumias Municipality ……………/Appendix
(No.134) THURSDAY, DECEMBER 05, 2024 (3211)
vi. Muranga Municipality vii. Rongo Municipality viii. Rumuruti Municipality
laid on the table of Senate on Thursday 5th December, 2024.
(The Chairperson, Committee on County Public Investments and Special Funds)
- 3. QUESTIONS AND STATEMENTS
a) Statements Pursuant to Standing Order 53 (1)
i. Nominated Senator (Sen. Hamida Kibwana, MP) to seek a Statement from the Standing Committee on Health regarding the viability of agreements by the Ministry of Health and county governments for supply and lease of medical equipment to county public health facilities.
ii. Nominated Senator (Sen. Hamida Kibwana, MP) to seek a Statement from the Standing Committee on Health regarding the recent tragic death by suicide of Mr. Francis Njuki, a medical intern at Thika Level 5 Hospital.
iii. Seneta wa Kaunti ya Kirinyaga (Sen. James Murango, Mb) kuomba kauli kutoka kwa Kamati ya Kudumu ya barabara, Uchukuzi na Makao kuhusu urekebishaji wa Barabara za shambani katika mradi wa umwagiliaji maji wa Mwea.
b) Statement pursuant to Standing Order 57(2)
The Senate Majority Leader to issue a Statement on the business of the Senate.
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