Tuesday, October 15, 2024 At 2.30 P.m.

Thirteenth Parliament

Third Session (No. 107) (2071)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

AFTERNOON SITTING

TUESDAY, OCTOBER 15, 2024 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 (as listed in the Appendix)
6. 6. Notices of Motion
7. 7. Questions and Statements (as listed in the Appendix)
8. 8. MOTION - REPORTS OF THE KENYA DELEGATION TO THE 147TH

AND 148TH ASSEMBLIES OF THE INTER-PARLIAMENTARY UNION

(IPU) AND RELATED MEETINGS HELD IN LUANDA, ANGOLA FROM

23RD TO 27TH OCTOBER, 2023 AND IN GENEVA, SWITZERLAND

FROM 23RD TO 27TH MARCH, 2024

(Sen. Catherine Mumma, MP)

THAT, the Senate notes the Reports of the Kenya Delegations to the 147th and 148th Assemblies of the Inter-Parliamentary Union (IPU) and related meetings held in –

i. Luanda, Angola from 23rd to 27th October, 2023 laid on the

Table of the Senate on Thursday, 29th February, 2024; and ii. Geneva, Switzerland from 23rd to 27th March, 2024 laid on

the Table of the Senate on Thursday, 30th May, 2024.

(Resumption of Debate interrupted on Wednesday, 9th October, 2024 – Morning Sitting) (Question to be Put)

1. 9. ****THE POLITICAL PARTIES (AMENDMENT) (NO. 2) BILL (SENATE

BILLS NO. 26 OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

(Second Reading) (Resumption of debate interrupted on Tuesday, 8th October, 2024) (Division) …………./Bills

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2072)

1. 10. ****THE ELECTION OFFENCES (AMENDMENT) (NO. 2) BILL

(SENATE BILLS NO. 28 OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

(Second Reading) (Resumption of debate interrupted on Wednesday, 9th October, 2024 – Afternoon Sitting) (Division)

1. 11. MOTION – CONSIDERATION OF THE NATIONAL ASSEMBLY

AMENDMENTS TO THE COUNTY GOVERNMENTS ADDITIONAL

ALLOCATIONS BILL (SENATE BILLS NO. 19 OF 2024)

(The Chairperson, Standing Committee on Finance and Budget)

THAT, the National Assembly amendments to the County Governments Additional Allocations Bill (Senate Bills No. 19 of 2024) be now considered.

1. 12. **** THE ELECTIONS (AMENDMENT) (NO. 2) BILL (SENATE BILLS

NO. 29 OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

(Second Reading)

1. 13. 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.

1. 14. MOTION - REPORT OF THE SELECT COMMITTEE ON COUNTY

PUBLIC

INVESTMENTS

AND

SPECIAL

FUNDS

ON

ITS

CONSIDERATION OF THE AUDIT REPORTS OF THE WATER

SERVICE PROVIDERS FOR THE YEAR ENDED 30TH JUNE, 2019,

30TH JUNE, 2020 AND 30TH JUNE, 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 year ended, 30th June, 2019, 30th June, 2020 and 30th June, 2021 of the following Water Service Providers-

i.) Amatsi Water Services Company Limited - Vihiga County; ii.) Bomet Water Company Limited – Bomet County;

………./Motion

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2073)

iii.) Gusii Water and Sanitation Company Limited – Kisii/Nyamira Counties; iv.) Kisumu Water and Sanitation Company Limited – Kisumu County; v.) Kwale Water and Sewerage Company Limited – Kwale County; and vi.) Nyeri Water and Sanitation Company Limited – Nyeri County.

and the Audit Report of the Wajir Water and Sewerage Company Limited for the year ended 30th June, 2021, laid on the Table of the Senate on Thursday, 23rd November, 2023.

1. 15. 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.

1. 16. 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 ………../Motion

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2074)

ix) Nithi Water and Sanitation Company Limited.

1. 17. MOTION - ADDRESSING THE CHALLENGE OF POWER PURCHASE

AGREEMENT RENEWALS AND ELECTRICITY SUPPLY IN KENYA

(The Chairperson, Standing Committee on Energy)

THAT, AWARE THAT on 29th March 2021, a presidential taskforce was formed to review power purchase agreements between the Government and Independent Power Producers, during which a moratorium was imposed on Kenya Power and Lighting Company (KPLC), preventing KPLC from signing new agreements or renewing existing ones with Independent Power Producers, which moratorium was lifted by the Cabinet in March 2023; FURTHER AWARE THAT the National Assembly, vide a Motion adopted on 19th April, 2023 placed a moratorium, restricting KPLC from signing and renewing power purchase agreements (PPAs) with Independent Power Producers (IPPs) pending a report of inquiry by the Departmental Committee on Energy and the consequent House resolution on the report;

CONCERNED THAT Kenya imports 17% of its electricity from neighboring countries and faces a challenge as the growing demand for electricity is conflicted with the lengthy process of developing power plants, which usually takes 6-10 years from conception to generation, leading to electricity shortage and load shedding which impedes economic growth;

COGNIZANT of the Senate resolution of 28th February, 2024 on a Motion by the Standing Committee on Energy on inquiry into the high cost of electricity in the country calling upon the Ministry of Energy to, among others, create a one stop IPP office that comprises all the stakeholders required for approval of power plants and that the Ministry, through KPLC and Independent Power Producers renegotiate the current power purchase agreements within 12 months of adoption of the report;

NOW THEREFORE notwithstanding the resolution of the National Assembly that imposed a moratorium on Kenya Power whose timeline has lapsed, the Senate, in order to cushion Kenyans from the high cost of electricity, resolves:

i. that the Ministry of Energy and Petroleum and Kenya Power and Lighting Company be allowed to enter into new power purchase agreements or renew existing power purchase agreements with Independent Power Producers; and ii. that the Energy and Petroleum Regulatory Authority (EPRA) fast tracks the acquisition of necessary licenses required by Independent Power Producers with valid power purchase agreements for setting up power plants.

………../Motion

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2075)

1. 18. 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.

1. 19. 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.

1. 20. MOTION - REPORT OF THE STANDING COMMITTEE ON

DEVOLUTION AND INTERGOVERNMENTAL RELATIONS ON ITS

INQUIRY INTO PERSONAL SECURITY CONCERNS RAISED BY

HON. PHILOMENA KAPKORY, DEPUTY GOVERNOR, TRANS NZOIA

COUNTY

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

THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on its inquiry into the allegations on personal security concerns raised by Hon. Philomena Kapkory, Deputy Governor, Trans Nzoia County laid on the Table of the Senate on Tuesday, 1st October, 2024.

1. 21. MOTION - REPORTS OF THE STANDING COMMITTEE ON

DEVOLUTION AND INTERGOVERNMENTAL RELATIONS ON ITS

INQUIRY INTO THE STATE OF MARKETS IN VIHIGA AND

BUNGOMA COUNTIES ARISING FROM A STATEMENT SOUGHT BY

SEN. GODFREY OSOTSI, MP AND SEN. DAVID WAKOLI, MP

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

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

………../Motion

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2076)

1. 22. 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.

1. 23. MOTION - PROGRESS REPORT OF THE STANDING COMMITTEE

ON NATIONAL COHESION, EQUAL OPPORTUNITY AND REGIONAL

INTEGRATION INTO AN INQUIRY ON THE DIVERSITY AND

INCLUSIVITY IN THE STAFF COMPOSITION OF STATE AGENCIES

IN KENYA

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

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

-----------

………./Notice

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2077)

NOTICE

The Senate resolved on 14th February, 2024 as follows: -

THAT, pursuant to Standing Order 111 (1), the Senate resolves that debate on a Motion not sponsored by the Majority or Minority Party or a Committee shall be limited in the following manner: -

A maximum of three hours with not more than twenty minutes for the Mover, twenty minutes for the Majority Party Official Responder, twenty minutes for the Minority Party Official Responder and fifteen minutes for each other Senator speaking and that fifteen minutes before the time expires, the Mover shall be called upon to reply.

KEY

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

***- Denotes a National Assembly Bill

**- Denotes a Committee Bill

*- Denotes any other Bill

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

…………./Notice of Amendments

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2078)

NOTICE OF AMENDMENTS

****THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL

(SENATE BILLS NO. 19 OF 2024)

(The Chairperson, Standing Committee on Finance and Budget)

(NATIONAL ASSEMBLY AMENDMENTS)

NOTICE is given that the National Assembly made the following amendments to the County Governments Additional Allocations Bill (Senate Bills No. 19 Of 2024)

CLAUSE 5

THAT, Clause 5 of the Bill be amended—

(a) in sub-clause (1) by—

(i) deleting the words “Column F” appearing in the opening statement and substituting therefor the words “Column D”; (ii) deleting paragraph (a); (iii) deleting the words “Column C” appearing in paragraph (b) and substituting therefor the words “Column B”; (iv) deleting the words “Column D” appearing in paragraph (c) and substituting therefor the words “Column C”; (v) deleting paragraph (d); (b) by deleting sub-clause (2); and (c) by deleting sub-clause (3).

FIRST SCHEDULE

THAT, the Bill be amended by deleting the First Schedule and replacing therefor the following new Schedule—

FIRST SCHEDULE

Conditional Additional Allocations to County Governments from National Government’s Share of Revenue in FY 2024/25 (Kenya Shillings

FY 2023/24

FY 2024/25

SN

COUNTY

Total Conditional Additional Allocations County Aggregation and Industrial Parks (CAIP) Programme Community Health Promoters (CHPs) Project Total Conditional Additional Allocations

Column A Column B Column C Column D 1 Baringo 92,926,764

50,970,203

50,970,203 2 Bomet 132,634,641

59,165,694

59,165,694 3 Bungoma 492,962,800

105,555,556 85,789,059

191,344,614

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2079)

Conditional Additional Allocations to County Governments from National Government’s Share of Revenue in FY 2024/25 (Kenya Shillings

FY 2023/24

FY 2024/25

SN

COUNTY

Total Conditional Additional Allocations County Aggregation and Industrial Parks (CAIP) Programme Community Health Promoters (CHPs) Project Total Conditional Additional Allocations

Column A Column B Column C Column D 4 Busia 376,591,665

105,555,556 53,031,058

158,586,613 5 Elgeyo/Ma rakwet 64,400,155

29,714,646

29,714,646 6 Embu 363,131,838

105,555,556 48,166,483

153,722,038 7 Garissa 264,807,925

105,555,556 59,525,146

165,080,701 8 Homa Bay 415,917,803

105,555,556 70,787,955

176,343,511 9 Isiolo 64,333,234

17,277,629

17,277,629 10 Kajiado 41,355,485

39,994,955

39,994,955 11 Kakamega 294,386,469

101,844,553

101,844,553 12 Kericho 140,552,947

36,496,295

36,496,295 13 Kiambu 409,665,074

105,555,556 75,628,567

181,184,122 14 Kilifi 138,924,099

92,738,452

92,738,452 15 Kirinyaga 367,510,449

105,555,556 29,283,304

134,838,860 16 Kisii 186,645,942

70,452,467

70,452,467 17 Kisumu 130,537,637

71,842,346

71,842,346 18 Kitui 179,499,580

59,189,658

59,189,658 19 Kwale 90,011,220

41,648,431

41,648,431 20 Laikipia 76,547,852

20,153,240

20,153,240 21 Lamu 62,515,370

11,598,297

11,598,297 22 Machakos 445,350,986

105,555,556 66,498,502

172,054,058 23 Makueni 173,836,213

90,821,378

90,821,378 24 Mandera 13,777,962

14,809,396

14,809,396

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2080)

Conditional Additional Allocations to County Governments from National Government’s Share of Revenue in FY 2024/25 (Kenya Shillings

FY 2023/24

FY 2024/25

SN

COUNTY

Total Conditional Additional Allocations County Aggregation and Industrial Parks (CAIP) Programme Community Health Promoters (CHPs) Project Total Conditional Additional Allocations

Column A Column B Column C Column D 25 Marsabit 2,389,320

47,998,739

47,998,739 26 Meru 488,329,627

105,555,556 89,048,085

194,603,640 27 Migori 394,621,807

105,555,556 70,596,248

176,151,803 28 Mombasa 262,131,098

105,555,556 57,200,694

162,756,249 29 Murang'a 452,896,800

105,555,556 36,783,856

142,339,412 30 Nairobi 14,721,991

178,934,889

178,934,889 31 Nakuru 484,883,209

105,555,556 79,390,825

184,946,380 32 Nandi 378,705,606

105,555,556 77,210,153

182,765,708 33 Narok 139,655,079

39,779,284

39,779,284 34 Nyamira 342,563,428

105,555,556 35,441,904

140,997,460 35 Nyandarua 242,624,039

33,237,269

33,237,269 36 Nyeri 156,487,648

59,309,475

59,309,475 37 Samburu 12,431,664

36,855,746

36,855,746 38 Siaya 423,929,548

105,555,556 50,970,203

156,525,759 39 Taita Taveta 50,418,729

32,805,928

32,805,928 40 Tana River 136,049,566

23,076,778

23,076,778 41 Tharaka Nithi 174,459,830

30,313,732

30,313,732 42 Trans Nzoia 366,941,692

105,555,556 53,678,070

159,233,626 43 Turkana 12,815,035

59,309,475

59,309,475 44 Uasin Gishu 379,487,557

105,555,556 49,508,434

155,063,990 45 Vihiga 97,662,444

34,651,111

34,651,111

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2081)

Conditional Additional Allocations to County Governments from National Government’s Share of Revenue in FY 2024/25 (Kenya Shillings

FY 2023/24

FY 2024/25

SN

COUNTY

Total Conditional Additional Allocations County Aggregation and Industrial Parks (CAIP) Programme Community Health Promoters (CHPs) Project Total Conditional Additional Allocations

Column A Column B Column C Column D 46 Wajir 11,656,907

48,573,861

48,573,861 47 West Pokot 72,161,965

61,897,525

61,897,525

GRAND

TOTAL

10,116,848,690 1,900,000,000 2,584,000,000 4,484,000,000

SECOND SCHEDULE

THAT, the Bill be amended by deleting the Second Schedule.

THIRD SCHEDULE

THAT, the Bill be amended by deleting the Third Schedule.

……………/Appendix

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2082)

APPENDIX

1. 1. PAPER

Office of the Auditor General Annual Corporate Report for financial year 2023 -2024.

(The Senate Majority Leader)

1. 2. QUESTIONS AND STATEMENTS

a) Request for Statement pursuant to Standing Order 53(1)

Nominated Senator (Sen. Crystal Asige, MP) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding recognition of and respect for white cane users on Kenyan roads.

----------

……………/Notice Paper I

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2083)

NOTICE PAPER I

Hearing Programme for

Wednesday, October 16, 2024

(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, 16th October, 2024 (Morning Sitting).

1. 1. READING OF THE CHARGES ON THE PROPOSED REMOVAL FROM

OFFICE,

BY

IMPEACHMENT,

OF

HIS

EXCELLENCY

RIGATHI

GACHAGUA, EGH, DEPUTY PRESIDENT OF THE REPUBLIC OF KENYA.

1. 2. HEARING AND DETERMINATION ON THE PROPOSED REMOVAL FROM

OFFICE,

BY

IMPEACHMENT,

OF

HIS

EXCELLENCY

RIGATHI

GACHAGUA, EGH, DEPUTY PRESIDENT OF THE REPUBLIC OF KENYA.

……………/Notice Paper II

(No.107) TUESDAY, OCTOBER 15, 2024 (AFTERNOON SITTING) (2084)

NOTICE PAPER II

Hearing Programme for

Wednesday, October 16, 2024

(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, 16th October, 2024 (Afternoon Sitting).

HEARING AND DETERMINATION ON THE PROPOSED REMOVAL FROM

OFFICE, BY IMPEACHMENT, OF HIS EXCELLENCY RIGATHI GACHAGUA,

EGH, DEPUTY PRESIDENT OF THE REPUBLIC OF KENYA.