Wednesday, October 02, 2024 At 2.30 P.m.

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Thirteenth Parliament

Third Session (No. 099) (1787)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

ORDER PAPER

AFTERNOON SITTING

WEDNESDAY, OCTOBER 02, 2024 AT 2.30 PM

PRAYER

1. Administration of Oath
2. Communication from the Chair
3. Messages
4. Petitions (as listed in the Appendix)
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 DIVISION OF REVENUE (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILLS NO. 38 OF 2024)

(The Senate Majority Leader)

(Second Reading) (Resumption of debate interrupted on Wednesday, 25th September, 2024 – Afternoon Sitting) (Division)

9. *THE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL (SENATE BILLS

NO. 53 OF 2023)

(Sen. Mariam Sheikh Omar, MP)

(Second Reading)

(Resumption of debate interrupted on Thursday, 26th September, 2024) (Division)

…………/Bills

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1788)

10. MOTION - REPORT OF THE JOINT SITTINGS OF THE DEPARTMENTAL

COMMITTEE ON FINANCE AND NATIONAL PLANNING OF THE

NATIONAL ASSEMBLY, AND THE STANDING COMMITTEE ON FINANCE

AND BUDGET OF THE SENATE, ON APPROVAL HEARING OF MR. DAVID

KIBET KEMEI, NOMINEE FOR APPOINTMENT TO THE POSITION OF

DIRECTOR-GENERAL OF THE COMPETITION AUTHORITY

(Chairperson, Standing Committee on Finance and Budget – Co Chairperson)

THAT, the Senate adopts the Report of the Joint Sittings of the Departmental Committee on Finance and National Planning of the National Assembly and the Standing Committee on Finance and Budget of the Senate, on the approval hearing of Mr. David Kibet Kemei, nominee for appointment as the Director-General of the Competition Authority, laid on the Table of the Senate on Thursday, 26th September 2024; and that pursuant to Section 12(1) of the Competition Act and Sections 3 and 8 of the Public Appointments (Parliamentary Approval) Act, the Senate approves the nomination of Mr. David Kibet Kemei for appointment as the Director-General of the Competition Authority.

(Resumption of debate interrupted on Tuesday, 1st October, 2024)

11. COMMITTEE OF THE WHOLE

***THE GAMBLING CONTROL BILL (NATIONAL ASSEMBLY BILLS NO.

70 OF 2023)

(The Senate Majority Leader)

(Resumption of debate interrupted on Wednesday, 15th May, 2024 – Afternoon Sitting) (Division)

12. COMMITTEE OF THE WHOLE

*THE MATERNAL, NEWBORN AND CHILD HEALTH BILL (SENATE BILLS

NO. 17 OF 2023)

(Sen. Beatrice Ogolla, MP)

13. COMMITTEE OF THE WHOLE

****THE METEOROLOGY BILL (SENATE BILLS NO. 45 OF 2023)

(The Senate Majority Leader)

14. COMMITTEE OF THE WHOLE

***THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

15. COMMITTEE OF THE WHOLE

***THE CANCER PREVENTION AND CONTROL (AMENDMENT) (NO. 2)

BILL (NATIONAL ASSEMBLY BILLS NO. 45 OF 2022)

(Sen. Samson Cherarkey, MP – Co- Sponsor) …………./Bills

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16. COMMITTEE OF THE WHOLE

*THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE

BILLS NO. 40 OF 2023)

(Sen. Hamida Ali Kibwana, MP)

17. *THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

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

(Sen. Kathuri Murungi, MP)

(Second Reading)

18. * THE COUNTY GOVERNMENTS ELECTION LAWS (AMENDMENT) BILL

(SENATE BILLS NO. 2 OF 2024)

(Sen. Crystal Asige, MP)

(Second Reading)

19. *THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE

BILLS NO. 3 OF 2024)

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

(Second Reading)

20. *THE COUNTY CIVIC EDUCATION BILL (SENATE BILLS NO. 4 OF 2024)

(Sen. Esther Okenyuri, MP)

(Second Reading)

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

(Sen. Ali Ibrahim Roba, MP) (Second Reading)

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

OF 2024)

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

23. ***THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (SENATE

BILLS NO. 10 OF 2024)

(The Senate Majority Leader)

(Second Reading)

………../Motion

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1790)

24. 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.

25. 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.

26. MOTION - DEVELOPMENT OF A POLICY AND LAW FOR SOCIAL RISK

MANAGEMENT IN INFRASTRUCTURE DEVELOPMENT PROJECTS IN

KENYA

(Sen. Catherine Mumma, MP)

AWARE THAT the Constitution has entrenched a strong Bill of Rights in Chapter 4, which recognizes human rights including socio-economic rights and the principle of equality and non-discrimination;

FURTHER AWARE THAT Kenya lacks a policy for guiding the management of these Social Risks in the design and implementation of infrastructure projects;

………../Motion

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1791)

CONCERNED THAT inadequate attention to social risks in the planning and implementation of development projects at both national and county levels makes them unacceptable and end up costing the taxpayer colossal sums of money in suits filed before the courts and tribunals by local communities and affected interest groups seeking protection from such social risks;

NOW, THEREFORE, the Senate resolves that:

1. The National and County Governments develop a Social Risk

Management Policy that outlines the standards, guidelines and procedures for guiding infrastructure and other development projects both at the national and county governments; and

2. The national executive establishes an independent multi-sectoral

agency under the authority of the Cabinet secretary in charge of Social Security and Protection to design a mechanism that can factor in the inclusion of Social Impact Assessments standards and monitor their implementation in infrastructure and other development projects in Kenya.

27. MOTION - CONSOLIDATION OF BURSARY FUNDS FOR EQUITABLE

ACCESS TO EDUCATION IN KENYA

(Sen. Karungo Thangwa, MP)

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

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

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

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

…………../Motion

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1792)

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 assupplementary 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.

----------

…………./Notice

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1793)

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

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NOTICE OF AMENDMENTS

***THE GAMBLING CONTROL BILL (NATIONAL ASSEMBLY BILLS NO. 70

OF

2023) (The Senate Majority Leader)

I. NOTICE is given that the Senate Majority Leader intends to move the following amendments to the Gambling Control Bill (National Assembly Bills No. 70 of 2023) at the Committee Stage—

CLAUSE 123

THAT clause 123 of the Bill be amended by renumbering the current clause as subclause (1) and inserting the following new subclauses—

(2) The Excise Duty Act, Cap. 472, is amended in the First Schedule, Part II, by deleting paragraphs 4A, 4B, 4C and 4D. (3) The Income Tax Act, Cap. 470, is amended— (a) by deleting section 10 (1) (g); and (b) in the Third Schedule, Head B, by deleting— (i) paragraph 3 (i); and (ii) paragraph 5 (i).

II. NOTICE is given that the Chairperson, Standing Committee on Labour and Social Welfare, intends to move the following amendments to the Gambling Control Bill (National Assembly Bills No. 70 of 2023), at the Committee Stage—

CLAUSE 5

THAT clause 5 of the Bill is amended by inserting the following new paragraphs immediately after paragraph (e)— (ea) develop and implement county legislation on betting and other forms of gambling; (eb) license prize competitions within a county; (ec) license amusement machines; (ed) issue trade permits for betting premises; (ee) license and issue pool table permits within the county; (ef) license and supervise county lotteries; (eg) issue trade permits for premises for totalisators; ………../Notice of Amendments

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CLAUSE 7

THAT clause 7 (1) of the Bill be amended by- (a) deleting paragraph (d) and substituting therefor the following new paragraph—; (d) three persons, not being public officers, appointed by the Cabinet Secretary, being persons with a background in finance, law, betting and lotteries or business management, provided that— (i). one shall represent persons with disabilities; (ii). one shall represent the youth; and (iii). one shall represent faith-based organisations;

(b) deleting paragraph (e) and substituting therefor the following new paragraph—; (e) three persons nominated by the Council of Governors and appointed by the Cabinet Secretary; and (c) deleting paragraph (f)

CLAUSE 10

THAT clause 10 of the Bill be amended— (a) by deleting paragraph (c); (b) in paragraph (f) by inserting the words “in consultation with county governments” immediately after the word “maintain” and (c) in paragraph (g) by inserting the words “beneficial owners” immediately after the word “directors” .

CLAUSE 66

THAT clause 66 of the Bill be amended by deleting the words “shall ensure that its” appearing immediately after the word “Authority” and substituting therefor the words “and county governments shall ensure that their”.

CLAUSE 87

THAT clause 87 (2) of the Bill be amended in paragraph (e) by deleting the word “six” appearing immediately after the words “ radio between” and substituting therefor the word “five”.

CLAUSE 119

THAT clause 119 (2) be amended by deleting- (a) paragraph (d); and (b) paragraph (g).

……………/Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1796)

CLAUSE 123

THAT clause 123 of the Bill be amended by renumbering the current provision as sub clause (1) and inserting therefor the following new sub clauses immediately after the new clause (1)—

Cap 269 (2) The Kenya Revenue Authority Act, is amended in Part II of the First Schedule, by deleting paragraph 7 and substituting therefor the following new paragraph—

7. The Gambling Control Act.

No. 20 of 2023 (3) The National Lottery Act, is amended by inserting the following new clause immediately after clause 52—

Regulations 53. (1) The Cabinet Secretary may in consultation with the Board, make regulations generally for the better carrying into effect of any provisions under this Act.

(2) Without prejudice to the foregoing, regulations made under this section may provide for— (a) the procedure to be followed by the Board in exercising any powers conferred upon it by this Act; (b) the conduct of a national lottery; (c) apportionment of the proceeds of the national lottery; (d) procedure for the sale of tickets, prizes of tickets and payment of prizes; (e) announcement and protection of winners of the national lottery; (f) the circumstances under which the national lottery may be advertised; and (g) the places where, circumstances or manner in which signs relating to a national lottery may be displayed.

NEW CLAUSE 117A

THAT the Bill be amended by inserting the following new clause immediately after clause 117—

Operating hours 117A. A licensed betting, gambling, lottery or gaming premise shall operate between ten o’ clock in the evening and five o’ clock in the morning.

III. NOTICE is given that the Senator for Nairobi City County (Sen. Edwin Sifuna, MP) intends to move the following amendments to the Gambling Control Bill (National Assembly Bills No. 70 of 2023), at the Committee Stage. ……………/Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1797)

CLAUSE 69

THAT Bill be amended by deleting clause 69 and substituting therefor the following new clause— Online gambling transaction.

69. An online gambling transaction shall commence when

a player deposits money into his or her gaming account and shall conclude when a player withdraws money from his or her gaming account.

IV. NOTICE is given that the Senator for Nandi County (Sen. Samson Cherarkey, MP) intends to move the following amendments to the Gambling Control Bill (National Assembly Bills No. 70 of 2023), at the Committee Stage –

CLAUSE 28

THAT clause 28 of the Bill be amended— (a) in subclause (2) by deleting paragraphs (o), (p) and (q); and

(b) by deleting subclause (4).

CLAUSE 31

THAT clause 31 of the Bill be amended in subclause (3) by deleting the word “twelve” appearing immediately after the words “a period of” and substituting therefor the word “thirty six”.

CLAUSE 64

THAT clause 64 of the Bill be amended in subclause (5) by deleting the word “twenty shillings” appearing at the end of the subclause and substituting therefor the words “one shilling”.

CLAUSE 71

THAT clause 71 of the Bill be amended in subclause (3) by deleting the words “five million” appearing immediately after the words “not less than” and substituting therefor the words “fifty thousand”.

THIRD SCHEDULE

THAT the Third Schedule of the Bill be amended in— (a) paragraph (b) by deleting the amount “200, 000, 000” and substituting therefor the amount “20,000, 000”; and (b) paragraph (c) by deleting the amount “200, 000, 000” and substituting therefor the amount “20,000, 000”. ……………/Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1798)

V. NOTICE is given that the Senator for Bomet County (Sen. Wakili Hillary Sigei, MP) intends to move the following amendments to the Gambling Control Bill (National Assembly Bills No. 70 of 2023) at the Committee Stage—

CLAUSE 10

THAT clause 10 of the Bill be amended by inserting the following new paragraph immediately after paragraph (n)— (na) collaborate with the Kenya Revenue Authority, established under section 3 of the Kenya Revenue Authority Act, to establish a monitoring system for tax compliance under this Act.

CLAUSE 87

THAT clause 87 of the Bill be amended— (a) in subclause (2) by deleting paragraph (e); and

(b) by deleting subclause (4) and substituting therefor the following subclause—

(4) A person who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both.

……………/Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1799)

B. *THE MATERNAL, NEWBORN AND CHILD HEALTH BILL (SENATE BILLS

NO. 17 OF 2023)

(Sen. Beatrice Ogolla, MP) I. NOTICE is given that the Chairperson, Standing Committee on Health, intends to move the following amendments to the Maternal, Newborn and Child Health Bill (Senate Bills No. 17 of 2023), at the Committee Stage—

CLAUSE 6

THAT clause 6 of the Bill be amended in subclause (1) by deleting the word “agencies” appearing immediately after the words “to adoption services” in paragraph (e) and substituting therefor the words “that comply with Part XIV of the Children Act”.

CLAUSE 7

THAT 7 of the Bill be amended in subclause (2) by— a) deleting the words “licensed agencies if indicated” appearing immediately after the words “adoption services at” in paragraph (d) and substituting therefor the words “an adoption society registered under section 208 of the Children Act”; and b) inserting the following new paragraph immediately after paragraph (f)— (fa) mental health care services from prenatal to twelve months after birth.

CLAUSE 8

THAT clause 8 of the Bill be amended by inserting the following new subclause immediately after subclause (2)—

(2A) Where the child under subsection (1) is an intersex child, the health care provider shall provide the appropriate specialised medical treatment and care to that child.

CLAUSE 14

THAT clause 14 of the Bill be amended by inserting the words “and traditional” immediately after the words “programmes for skilled” appearing in paragraph (h).

………/Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1800)

CLAUSE 15

THAT clause 15 of the Bill be amended— a) deleting the words “who serve pregnant women” appearing immediately after the words “health care providers” in paragraph (a); and b) by deleting the word “workers” appearing immediately after the words “community health” in paragraph (c) and substituting therefor the word “promoters”.

CLAUSE 17

THAT clause 17 of the Bill be amended in subclause (3) by inserting the words “and published in an accessible format” immediately after the words “easily accessible” appearing in paragraph (a).

CLAUSE 2

THAT clause 2 of the Bill be amended— a) in the definition of the term “maternal” by deleting the words “morbidity” means illness” appearing immediately after the words “days after childbirth”; b) by deleting the definition of the term “unborn child”; and c) by inserting the following new definitions in the proper alphabetical sequence— “community health promoter” has the meaning assigned to it under section 2 of the Primary Health Care Act; and “intersex child” means a child with a congenital condition in which the biological sex characteristics cannot be exclusively categorised in the common binary of female or male due to inherent and mixed anatomical patterns, which could be apparent prior to, at birth, or in childhood.

…………./Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1801)

II. NOTICE is given that (Sen. Hamida Kibwana, MP) intends to move the following amendments to the Maternal, Newborn and Child Health Bill, 2023, Senate Bills No. 17 of 2023, at the Committee Stage—

CLAUSE 8

THAT clause 8 of the Bill be amended by—

(a) inserting the following new subclause immediately after subclause (2)— (2A) Where the child under subsection (1) has special needs, the health care provider shall ensure that the child receives— (a) health care services, as may be prescribed, that are responsive to the needs of a child with the relevant special needs; and (b) respectful and dignified care.

(b) deleting subclause (4) and substituting therefor the following new subclause—

(4) The Cabinet Secretary shall— (a) prescribe standards for the delivery of the neonatal and child care services to the various categories of children up to the age of twelve years; and (b) prescribe guidelines and standards for the provision of the highest available standards of health services that are responsive to the needs of children with special needs.

(c) inserting the following new subclause immediately after subclause (5)— (6) For purposes of this Act, a child with special needs includes a child with disability, a child with mental illness and a child in a marginalized area.

CLAUSE 11

THAT clause 11 of the Bill be amended in the introductory clause by inserting the words “physical and mental” immediately after the words “maternal, neonatal and”.

CLAUSE 12

THAT clause 12 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (d)—

………/Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1802)

(da) ensure that all national referral health facilities that offer maternal healthcare designate resources within the respective facility for provision of physical and mental healthcare to women who have lost children through stillbirth or during delivery;

(db) facilitate the provision of mental healthcare to maternal women in national referral health facilities.

CLAUSE 14

THAT clause 14 of the Bill be amended by—

(a) inserting the following new paragraph immediately after paragraph (h)— (ha) put in place measures to facilitate training of health care providers in the provision of physical and mental health care services;

(b) inserting the following new paragraph immediately after paragraph (i)— (ia) ensure that all county health facilities that offer maternal healthcare designate resources within the respective facilities for the provision of physical and mental healthcare to women who have lost children through stillbirth or during delivery; (ib) put in place measure to facilitate the provision of mental healthcare to maternal women in county health facilities;

(c) inserting the words “in the provision physical and mental health care services” immediately after the words “in the county” appearing in paragraph (m);

CLAUSE 2

THAT clause 2 of the Bill be amended by inserting the following new definitions in the proper alphabetical sequence— “community health promoter” has the meaning assigned to it under section 2 of the Primary Health Care Act.

NEW CLAUSE

THAT the Bill be amended by inserting the following new clause immediately after clause 25—

………/Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1803)

Amendment to section 226 of Cap. 63.

26. Section 226 of the Penal Code is amended by

renumbering the existing provision as subsection (1) and inserting the following new subsection after the renumbered subsection (1)—

(2) Subsection (1) shall not apply to a woman undergoing postpartum care under the Maternal, Newborn and Child Health Act.

III. NOTICE is given that (Sen. (Dr.) Boni Khalwale, MP), intends to move the following amendments to the Maternal, Newborn and Child Health Bill, (Senate Bills No. 17 of 2023), at the Committee Stage—

CLAUSE 6

THAT clause 6 of the Bill be amended in subclause (1) by deleting the words “planning services” appearing after the word “family” in paragraph (a) and substituting therefor the words “health education”.

CLAUSE 9

THAT clause 9 of the Bill be amended by inserting the following new subclause immediately after subclause (2)—

(2A) The Cabinet Secretary shall put in place mechanisms to ensure that adolescents undergoing postpartum care receive counselling services to encourage them to maintain and care for their children.

CLAUSE 11

THAT clause 11 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (c)—

(ca) counselling services for pregnant women who intend or are considering not carrying their pregnancies to term; (cb) post abortion health care services; and (cc) counselling services for adolescents undergoing postpartum care to encourage them to maintain and care for their children.

CLAUSE 13

THAT clause 13 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (b)—

(ba) maternal and neonatal deaths recorded in each county.

…………./Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1804)

CLAUSE 14

THAT clause 14 of the Bill be amended in paragraph (h) by inserting the words “and traditional” immediately after the words “programmes for skilled”;

NEW CLAUSE

THAT the Bill be amended by inserting the following new clauses immediately after clause 25—

Amendment to section 17 of Cap. 258A.

26. Section 2 of the Social Assistance

Act is amended in the definition of the term “social assistance” by inserting the following new paragraph immediately after paragraph (d)— (da) care and welfare of children;

27. Section 17 care and welfare of

children of the Social Assistance Act is amended in subsection (3) by inserting the following new paragraph immediately after paragraph (b)— (ba) poor women caring for their children.

IV. NOTICE is given that (Sen. Andrew Omtatah Okoiti, MP) intends to move the following amendments to the Maternal, Newborn and Child Health Bill (Senate Bills No. 17 of 2023, at the Committee Stage—

CLAUSE 5

THAT clause 5 of the Bill be amended— (a) in subclause (1) by— (i) inserting the following new paragraph immediately after paragraph (a)— (aa) reasonable and affordable fee, if any, for health services and which does not impede access to health care; (ii) inserting the following new paragraph immediately after paragraph (c)— (ca) treatment with respect and the provision of information necessary to make informed decisions; …………./Notice of Amendments

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(b) in subclause (3) by— (i) inserting the words “including in remote areas and” immediately after the words “child health services” appearing in paragraph (e); (ii) inserting the following new paragraph immediately after paragraph (e)— (ea) ensure provision of specialized services and facilities for persons with special needs; and (iii) inserting the following new paragraph immediately after paragraph (f)— (fa) train traditional birth attendants and integrate them in the delivery of prenatal, postpartum and neonatal health care.

CLAUSE 6

THAT clause 6 of the Bill be amended in subclause (1) by— (a) inserting the words “including hormonal profiling and the provision of prenatal vitamins” immediately after the words “preconception care services” appearing in paragraph (b); and (b) inserting the words “as may be prescribed by the Cabinet Secretary” immediately after the words “appropriate counselling services” appearing in paragraph (c).

CLAUSE 7

THAT clause 7 of the Bill be amended in subclause (2)(b) by inserting the words “as may be prescribed by the Cabinet Secretary” immediately after the words “free prenatal care”.

CLAUSE 8

THAT clause 8 of the Bill be amended by inserting the following new subclause immediately after subclause (3)— (3A) The consent under subsection (3) shall not be required where— (c) there is a documented report of child abuse by the parent or guardian who is required to provide consent; (d) the parent or guardian required to provide consent practises religious or cultural practices that risk the health of the child; or (e) the parent or guardian required to provide consent has been diagnosed with mental incapacity.

…………./Notice of Amendments

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CLAUSE 9

THAT clause 9 of the Bill be amended— (a) in subclause (2) by inserting the following new paragraph immediately after paragraph (b)— (ba) ensure that persons with special needs have access to specialized facilities that accommodate their needs (b) by deleting subclause (4).

CLAUSE 12

THAT clause 12 of the Bill be amended in subclause (1) by inserting the following new paragraph immediately after paragraph (b)— (ba) develop standards and guidelines for the effective delivery of specialised maternal, newborn and child health services to persons with special needs.

CLAUSE 13

THAT clause 13 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (b)— (ba) maternal and neonatal deaths recorded in each county with an analysis of root causes and recommended interventions to address the causes.

CLAUSE 14

THAT clause 14 of the Bill be amended— (a) in paragraph (h) by inserting the words “and traditional” immediately after the words “programmes for skilled”; (b) by inserting the following new paragraph immediately after paragraph (h)— (ha) develop and implement training programmes for the care of women with special needs for skilled and traditional birth attendants; and (c) by inserting the following new paragraphs immediately after paragraph (i)— (ia) ensure that there are sufficient ambulances to provide emergency prenatal, postpartum and neonatal evacuation services within the county; (ib) ensure that respective health facilities are accessible and can provide specialised care to persons with special needs

…………./Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1807)

CLAUSE 15

THAT clause 15 of the Bill be amended by inserting the following new paragraph immediately after paragraph (d)— (e) religious organisations.

CLAUSE 16

THAT clause 16 of the Bill be amended in subclause (2) by inserting the following new paragraphs immediately after paragraph (b)— (ba) develop and implement public awareness and community participation campaigns targeting persons with special needs and informing them of their rights under the Act; (bb) promote awareness of the rights under this Act and the bodies responsible for effecting and protecting the rights.

CLAUSE 17

THAT clause 17 of the Bill be amended in subclause (3)(d) by deleting the words “translated to the local language and disseminated” appearing immediately after the words “where necessary” and substituting therefor the words “be translated to the respective local languages and disseminated to media outlets and”.

CLAUSE 19

THAT clause 19 of the Bill be amended— (d) by deleting the marginal note and substituting therefor the following new marginal note— Annual reporting by the county executive committee member. (e) in subclause (2) by— (i) inserting the words “medications and supplements” immediately after the words “of health facilities” appearing in paragraph (b); (ii) deleting paragraph (c) and substituting therefor the following new paragraph (c)— (c) the number of health care providers in respective health facilities within the county and measures taken to enhance their number; (iii) inserting the following new paragraph immediately after paragraph (c)— …………./Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1808)

(ca) maternal and neonatal deaths recorded in each county facility with an analysis of root causes and recommended interventions to address the causes; (f) by inserting the following new subclause immediately after subclause (5)— (6) The county executive member shall submit the report under subsection (1) to the Cabinet Secretary within three months of the close of every financial year.

CLAUSE 21

THAT clause 21 of the Bill be amended in subclause (2) by— (a) deleting the word “periodic” appearing at the beginning of paragraph (a) and substituting therefor the words “a quarterly”; (b) deleting the words “regularly undertake” appearing at the beginning of paragraph (b) and substituting therefor the word “quarterly”; and (c) deleting the words “regularly collect and analyse” appearing at the beginning of paragraph (c) and substituting therefor the words “in each quarter, the collection and analysis of”; (d) deleting the word “undertake” appearing at the beginning of paragraph (d); and (e) deleting the word “identify” appearing at the beginning of paragraph (e) and substituting therefor the words “the identification of”.

CLAUSE 24

THAT clause 24 of the Bill be amended by inserting the following new subclause immediately after subclause (2)— (2A) The county executive committee member, the Kenya Medical Practitioners and Dentists Council, the Clinical Officers Council, the Nursing Council of Kenya and the Kenya Health Professions Oversight Authority shall, where they suspect a person to have committed an offence under subsection (2), refer the matter to the Directorate of Criminal Investigations for investigation.

CLAUSE 25

THAT clause 25 of the Bill be amended in subclause (2) by— (a) inserting the words “and neonatal” immediately after the words “reporting of maternal” appearing in paragraph (b); and (b) inserting the following new paragraphs immediately after paragraph (e)— …………./Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1809)

(ea) prenatal health services; (eb) prenatal, postpartum and neonatal counselling health services; (ec) prenatal, postpartum and neonatal check-ups and follow-ups; and (ed) referral of persons in prenatal, postpartum and neonatal care to referral health facilities.

CLAUSE 2

THAT clause 2 of the Bill be amended by— (a) deleting the definition of the word “person with special needs” and substituting therefor the following new definition— “person with special needs” means an individual with additional health needs and requires assistance above the regular health needs of the general population, occasioned by physical, medical, mental, psychological or financial challenges and includes a person from a marginalised area, registered refugee and internally displaced person; and (b) inserting the following new definition immediately after the definition of the term “Cabinet Secretary”— “consent” means the voluntary agreement by a patient to undergo a specific medical procedure or treatment after being fully informed of the risks, benefits, alternatives and potential outcomes.

…………./Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1810)

C. ****THE METEOROLOGY BILL (SENATE BILLS NO. 45 OF 2023)

(The Senate Majority Leader)

NOTICE is given that the Chairperson, Standing Committee on Land, Environment and Natural Resources, intends to move the following amendments to the Meteorology Bill, 2023 (Senate Bills No. 45 of 2023), at the Committee Stage—

CLAUSE 3

THAT clause 3 of the Bill be amended by numbering the introductory paragraph as sub clause (1) and inserting the following new subclause immediately after the proposed subclause (1): (2) For purposes of this section— “commercial purposes” means the use of meteorological information acquired from the Authority for the purpose of generating income;

…………./Notice of Amendments

CLAUSE 7

THAT clause 7 of the Bill be amended in subclause (2) by deleting paragraph (j) and substituting therefor the following new paragraph —

(j) set standards, develop curricula, provide training in meteorology, operational hydrology and related sciences, examine and award diploma and certification in line with the World Meteorological Organization and other standards.

CLAUSE 36

THAT clause 36 of the Bill be amended in subclause (1) by deleting the words “any person” appearing immediately after the words “designate and appoint” and substituting therefor the words “an employee of the authority”.

CLAUSE 37

THAT clause 37 of the Bill be amended by deleting—

(a) subclause (1) and substituting therefor the following new subclause — (1) The Authority shall retain the intellectual property rights on any meteorology data and advisory services, computer programs, inventions, discoveries and improvements generated by the Authority.

…………./Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1811)

(b) subclause (2) and substituting therefor the following new subclause — (2) A person who obtains any meteorological data, information and other meteorological services from the Authority as a private good shall not, without the consent of the Authority, provide the same to a third party or cause it to be distributed.

CLAUSE 40

THAT clause 40 of the Bill be amended in subclause (2) by deleting paragraph (g).

SECOND SCHEDULE

THAT the Second Schedule of the Bill be amended by inserting the following new paragraph immediately after paragraph (5)—

(5A) The provision of meteorological services and information to the general public upon request.

NEW CLAUSES

That the Bill be amended by inserting the following new clauses immediately after clause 8—

Regulatory powers of Authority.

8A. (1) The Authority shall regulate meteorological services in Kenya. (2) Without prejudice to the generality of subsection (1) the Authority shall— (a) ensure compliance with— (i) international standards and practices in meteorological services; and (ii) standards in installation and maintenance of meteorological instruments; (b) approve and register meteorological stations; and (c) monitor and supervise functions of meteorological operators. Permit.

8B. Any person who intends to undertake meteorological observations, weather forecasting activities or weather modification activities shall apply to the Authority for a permit as provided in the Regulations.

…………./Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1812)

Prohibition of meteorological activities.

8C. (1) No person shall engage in any meteorological observations, weather forecasting activities or weather modification activities unless that person obtains a permit from the Authority.

(2) A person who engages in any meteorological observations, weather forecasting activities or weather modification activities without a permit commits an offence and shall be liable upon conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years or both such fine and imprisonment.

…………./Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1813)

D. ***THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 59 OF 2022)

(The Senate Majority Leader)

NOTICE is hereby given that the Chairperson, Standing Committee on Roads, Housing and Transportation, intends to move the following amendment to the National Construction Authority (Amendment) Bill (National Assembly Bills No. 59 of 2022) at the Committee Stage –

NEW CLAUSE 1A

Amendment of section 2 of Cap. 18.

THAT the National Construction Authority Act be amended in Section 2 by inserting the following new definition immediately after the definition “Registrar” – “start up” means an entity seeking to be registered under section 17 in the category NCA 6, NCA 7 or NCA 8;

…………./Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1814)

E. ***THE CANCER PREVENTION AND CONTROL (AMENDMENT) (NO.

2) BILL (NATIONAL ASSEMBLY BILLS NO. 45 OF 2022)

(Sen. Samson Cherarkey, MP – Co- Sponsor)

NOTICE is given that the Chairperson, Standing Committee on Health, intends to move the following amendment to the Cancer Prevention and Control (Amendment) (No. 2) Bill (National Assembly Bills No. 45 of 2022), at the Committee Stage—

CLAUSE 2

THAT clause 2 of the Bill be amended in the proposed new definition of the word “e-health” by inserting the words “including telemedicine” immediately after the words “and information technology”.

----------

…………../Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1815)

F. *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 —

Establish ment of Committe e. 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;

(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;

………./Notice of Amendments

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1816)

(b) ensure data accuracy and protection;

(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”.

……………/Appendix

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1817)

APPENDIX

1. PETITION

Petition to the Senate by Ms. Beatrice Likwop, a resident of Narok County and a person living with invisible disability (Status Epilepticus, Bradycardia and Fibromyalgia) concerning the plight of persons living with invisible disability.

(The Speaker of the Senate)

2. PAPERS

i.) The National Police Service Commission Annual Report for the financial year 2023 – 2024.

ii.) Report of the Auditor General on Financial Statements of Kapkoros Level 3A Hospital - County Government of Bomet for the year ended 30th June, 2022.

iii.) Report of the Auditor General on Financial Statements of Eldama Ravine District Hospital - County Government of Baringo for the year ended 30th June, 2022.

iv.) Report of the Auditor General on Financial Statements of Marigat Sub County Hospital - County Government of Baringo for the year ended 30th June, 2022.

v.) Report of the Auditor General on Financial Statements of J.M. Kariuki Memorial County Referral Hospital - County Government of Nyandarua for the year ended 30th June, 2022.

vi.) Report of the Auditor General on Financial Statement of Kwale Sub County Level 4 Hospital - County Government of Kwale for the year ended 30th June, 2023.

vii.) Report of the Auditor General on Financial Statements of Laisamis Sub County Level 4 Referral Hospital - County Government of Marsabit for the year ended 30th June, 2023.

viii.) Report of the Auditor General on Financial Statements of Embu Level 5 Hospital - County Government of Embu for the year ended 30th June, 2023.

ix.) Report of the Auditor General on Financial Statements of Kombewa County Level 4 Hospital - County Government of Kisumu for the year ended 30th June, 2023.

…………………/Appendix

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1818)

x.) Report of the Auditor General on Financial Statements of Ukwala Sub County Level 4 Hospital - County Government of Siaya for the year ended 30th June, 2023.

xi.) Report of the Auditor General on Financial Statements of Maragua Sub County Level 4 Hospital - County Government of Murang’a for the year ended 30th June, 2023.

xii.) Report of the Auditor General on Financial Statements of Muriranja’s Level 4 Hospital - County Government of Murang’a for the year ended 30th June, 2023.

xiii.) Report of the Auditor General on Financial Statements of Engineer County Level 4 Hospital - County Government of Nyandarua for the fourteen (14) months period ended 30th June, 2023.

xiv.) Report of the Auditor General on Financial Statements of J.M. Kariuki County Referral Hospital - County Government of Nyandarua for the year ended 30th June, 2023.

xv.) Report of the Auditor General on Financial Statements of Kapkoros Level 3A Hospital - County Government of Bomet for the year ended 30th June, 2023.

xvi.) Report of the Auditor General on Financial Statements of Cheptalal Level 3B Hospital - County Government of Bomet for the year ended 30th June, 2023.

xvii.) Report of the Auditor General on Financial Statements of Ndanai Sub County Level 4 Hospital - County Government of Bomet for the year ended 30th June, 2023.

xviii.) Report of the Auditor General on Financial Statements of Baringo County Referral Hospital - County Government of Baringo for the year ended 30th June, 2023.

xix.) Report of the Auditor General on Financial Statements of Eldama Ravine District Hospital - County Government of Baringo for the year ended 30th June, 2023.

xx.) Report of the Auditor General on Financial Statements of Mogotio Sub County Level 4 Hospital - County Government of Baringo for the year ended 30th June, 2023.

xxi.) Report of the Auditor General on Financial Statements of Kisegi Level 4 Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

…………………/Appendix

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1819)

xxii.) Report of the Auditor General on Financial Statements of Nyandiwa Level 4 Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

xxiii.) Report of the Auditor General on Financial Statements of Nyangiela Level 4 Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

xxiv.) Report of the Auditor General on Financial Statements of Kandiege Level 4 Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

xxv.) Report of the Auditor General on Financial Statements of Marindi Sub County Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

xxvi.) Report of the Auditor General on Financial Statements of Tom Mboya Memorial Level 4 Hospital - County Government of Homa Bay for the year ended 30th June, 2023.

xxvii.) Report of the Auditor General on Financial Statements of Kegonga Sub County Hospital - County Government of Migori for the year ended 30th June, 2023.

xxviii.) Report of the Auditor General on Financial Statements of Othoro Sub County Hospital - County Government of Migori for the year ended 30th June, 2023.

xxix.) Report of the Auditor General on Financial Statements of Muhuru Sub County Hospital - County Government of Migori for the year ended 30th June, 2023.

xxx.) Report of the Auditor General on Financial Statements of Awendo Sub County Hospital - County Government of Migori for the year ended 30th June, 2023.

xxxi.) Report of the Auditor General on Financial Statements of Rongo Sub County Hospital - County Government of Migori for the year ended 30th June, 2023.

xxxii.) Report of the Auditor General on Financial Statement of Oyani Sub County Hospital - County Government of Mirogi for the year ended 30th June, 2023.

xxxiii.) Report of the Auditor General on Financial Statement of Machakos Level 5 Hospital - County Government of Machakos for the year ended 30th June, 2023. …………………/Appendix

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1820)

xxxiv.) Report of the Auditor General on Financial Statement of Matuu Level 4 Hospital - County Government of Machakos for the year ended 30th June, 2023.

xxxv.) Report of the Auditor General on Financial Statement of Kathiani Level 4 Hospital - County Government of Machakos for the year ended 30th June, 2023.

xxxvi.) Report of the Auditor General on Financial Statement of Mutituni Level 4 Hospital - County Government of Machakos for the year ended 30th June, 2023.

xxxvii.) Report of the Auditor General on Financial Statement of Kangundo Level 4 Hospital - County Government of Machakos for the year ended 30th June, 2023.

(The Senate Majority Leader)

xxxviii.) Reports of the Select Committee on County Public Investments and Special Funds on its consideration of the Audit Reports for Water 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)

xxxix.) Report of the proceedings of the Parliamentarians’ Dialogue at the Africa Climate Summit, 2023 held in the National Assembly Chamber, Parliament Buildings, Nairobi, on 3rd – 6th September, 2023.

(Sen. Moses Kajwang’, MP)

xl.) Report of the Kenyan delegation to the 64th Session of the OACPS Parliamentary Assembly and the 1st Session of the OACPS – EU Joint Parliamentary Assembly held in Luanda, Angola from 17th to 21st February, 2024.

(Sen. Kathuri Murungi, MP)

3. NOTICES OF MOTION

STEPS TO EFFECTIVE WASTE MANAGEMENT IN CITIES,

TOWNS AND URBAN AREAS IN THE COUNTRY

(Sen. Mwenda Gataya Mo Fire, MP)

THAT, aware that waste management in cities, towns and urban areas in Kenya has clearly stood out as one of the greatest …………………/Appendix

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1821)

challenges to the wellbeing of urban dwellers particularly those living near dumpsites infringing their right to a clean and healthy environment as provided for under Article 42 of the Constitution and Section 3 of the Environmental Management and Co- Ordination Act;

NOTING THAT, most of the developed countries and some countries in Africa have managed to sufficiently deal with the issue of waste management in their cities, towns and urban areas making them attractive to their residents and investors from other countries and significantly reducing the risk of diseases caused by poor sanitation;

CONCERNED THAT, if proper waste management mechanisms are not put in place the increased populations in cities, towns and urban areas in Kenya will worsen the situation considering the culture displayed by most Kenyans in waste disposal;

COGNIZANT THAT, paragraph 2 (g) of Part 2 of the Fourth Schedule to the Constitution mandates County Governments with the function of refuse removal, refuse dumping and solid waste management;

NOW

THEREFORE

THE

SENATE

calls upon County Governments to develop county specific frameworks in their respective counties to regulate the challenge of waste management that will avert the associated environmental and health related risks to the residents of cities, towns and urban areas in Kenya .

ii)

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(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 the following Water Service Companies laid on the table of the Senate on Wednesday, 2nd October, 2024;

…………………/Appendix

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1822)

i) Eldama Ravine Water and Sewerage Services Company Limited; ii) Eldoret Water and Sanitation Company Limited; iii) Embu Water and Sanitation Company Limited; iv) Githunguri Water and Sanitation Company Limited; v) Homabay Water and Sanitation Company Limited; vi) Kahuti Water and Sanitation Company Limited; vii) Kakamega Water and Sanitation company Limited; viii) Kapenguria Water and Sewerage Services Limited; ix) Kapsabet Nandi Water and Sanitation Company Limited; x) Karuri Water and Sanitation Company Limited; xi) Kericho Water and Sanitation Company Limited; xii) Kiambu Water and Sewerage Company Limited; xiii) Kibwezi-Makindu Water and Sanitation Company Limited; xiv) Kikuyu Water Company Limited; xv) Kitui Water and Sanitation Company Limited; xvi) Lamu Water and Sewerage Company Limited; xvii) Limuru Water and Sewerage Company Limited; xviii) Mathira Water and Sanitation Company Limited; xix) Matungulu – Kangundo Water and Sewerage Company Limited; xx) Mbooni Water and Sanitation Company Limited; xxi) Meru Water and Sewerage Services Registered Trustees; xxii) Municipal Council of Machakos Water and Sewerage Company Limited; xxiii) Murangá Water and Sanitation Company Limited; xxiv) Murang’a South Water and Sanitation Company Limited; xxv) Naivasha Water and Sanitation Company Limited; xxvi) Nakuru Rural Water and Sanitation Company Limited; xxvii) Nakuru Water and Sanitation Services Company Limited; xxviii) Narok Water and Sewerage Services Company Limited; xxix) Olkalou Water and Sanitation Company Limited; xxx) Olkejuado Water and Sewerage Company Limited; xxxi) Othaya Mukurweini Water Services Company; xxxii) Ruiru-Juja Water and Sewerage Company Limited; xxxiii) Sibo Water and Sanitation Company Limited; xxxiv) Tavevo Water and Sewerage Company Limited; xxxv) Tetu Aberdare Water and Sanitation Company Limited; and xxxvi) Wote Water and Sewerage Company Limited.

…………………/Appendix

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1823)

iii)

REPORT

OF

THE

PROCEEDINGS

OF

THE

PARLIAMENTARIANS’ DIALOGUE AT THE AFRICA CLIMATE

SUMMIT,

2023

HELD

IN

THE

NATIONAL

ASSEMBLY

CHAMBER, PARLIAMENT BUILDINGS, NAIROBI ON 3RD – 6TH

SEPTEMBER, 2023

(Sen. Moses Kajwang’, MP)

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

iv)

REPORT OF THE KENYAN DELEGATION TO THE 64TH

SESSION OF THE OACPS PARLIAMENTARY ASSEMBLY AND

THE 1ST SESSION OF THE ORGANIZATION OF AFRICAN,

CARRIBEAN AND PACIFIC STATES (OACPS) – EUROPEAN

UNION (EU) JOINT PARLIAMENTARY ASSEMBLY HELD IN

LUANDA, ANGOLA FROM 17TH TO 21ST FEBRUARY, 2024

(Sen. Kathuri Murungi, MP)

THAT, the Senate notes Report of the Kenyan delegation to the 64th Session of the Organization of African, Caribbean and Pacific States (OACPS) Parliamentary Assembly and the 1st Session of the OACPS – European Union (EU) Joint Parliamentary Assembly held in Luanda, Angola from 17th to 21st February, 2024 laid on the Table of the Senate on Wednesday, 2nd October, 2024.

4. QUESTIONS AND STATEMENTS

a) Statement pursuant to Standing Order 52(1)

The Senator for Kilifi County (Sen. Justice (Rtd) Stewart Madzayo, MP) to make a Statement on the rise in cases of fraudulent jobs by unscrupulous recruiting and travel agencies in Kenya.

b) Request for Statements pursuant to Standing Order 53(1)

i) The Senator for Meru County (Sen. Kathuri Murungi, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding alleged escalating tension and violence attributed to a land ownership dispute in Meru County.

ii) The Senator for Meru County (Sen. Kathuri Murungi, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding banditry attacks in Igembe North Constituency in Meru County. …………………/Appendix

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1824)

iii) The Senator for Meru County (Sen. Kathuri Murungi, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the reported cases of human- wildlife conflicts in Igembe North Constituency in Meru County.

iv) Nominated Senator (Sen. Gloria Orwoba, MP) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding ongoing renovations of government buildings across the country.

v) Nominated Senator (Sen. Gloria Orwoba, MP) to seek a Statement from the Standing Committee on Information, Communication and Technology concerning the operations of the social media ‘Platform X’ corporation, formerly Twitter in the country.

vi) The Senator for Kisii County (Sen. Richard Onyonka, MP) to seek a Statement from the Standing Committee on Health regarding the operation and management of Kisii Teaching and Referral Hospital (KTRH) in Kisii County.

vii) The Senator for Kisii County (Sen. Richard Onyonka, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding alleged delayed compensation of landowners affected by the Eldoret bypass project.

viii) Nominated Senator (Sen. Hezena Lemaletian, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the status of Yamo dam in Maralal Township in Samburu County.

ix) The Senator for Embu County (Sen. Alexander Mundigi, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding asbestos roofing in Gategi Girls, Gitaraka Girls and Wachoro Boys in Mbeere South Constituency, Embu County.

x) The Senator for Bungoma County (Sen. David Wakoli, MP) to seek a Statement from the Standing Committee on Education concerning delayed disbursement of capitation funds to Technical and Vocational Education Training (TVET) institutions.

xi) The Senator for Bungoma County (Sen. David Wakoli, MP) to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism regarding the management of Kitinda Dairy Farmers Cooperative Society in Bungoma County.

…………………/Appendix

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1825)

xii) The Senator for Isiolo County (Sen. Fatuma Dullo, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the suspected abduction of Mr. Adan Makona Ali from Dabel area in Marsabit County.

xiii) The Senator for Migori County (Sen. Eddy Oketch, MP) to seek a Statement from the Standing Committee on Finance and Budget regarding the status of pending bills accrued by the County Government of Migori.

xiv) The Senator for Nandi County (Sen. Samson Cherarkey, MP) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries concerning the status of the National Agricultural and Rural Inclusive Growth Project (NARIGP) projects in Nandi County.

xv) Nominated Senator (Sen. Beatrice Ogola, MP) to seek a Statement from the Standing Committee on Labour and Social Welfare concerning claims of unfair labour practices at Sukari Industry in Ndhiwa Sub County in Homabay County.

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

i) The Chairperson, Standing Committee on Trade, Industrialization and Tourism to make a Statement relating to the activities of the Committee for the period, April to August, 2024.

ii) The Chairperson, Standing Committee on Roads, Transportation and Housing, to make a Statement relating to the activities of the Committee for the period, April to August, 2024.

iii) The Chairperson, Select Committee on County Public Accounts, to make a Statement relating to the activities of the Committee for the period, April to August, 2024.

iv) The Chairperson, Standing Committee on Land, Environment and Natural Resources to make a Statement relating to the activities of the Committee for the period, April to August, 2024.

----------

……………./Notice Paper

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1826)

NOTICE PAPER

Tentative Business for Thursday, October 03, 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 Thursday, October 03, 2024 (Morning Sitting).

A. BILLS

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

NO. 14 OF 2024)

(The Senate Majority Leader)

ii)

*THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE

BILLS NO. 20 OF 2024)

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

iii)

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

NO. 26 OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

iv)

****THE ELECTION OFFENCES (AMENDMENT) (NO. 2) BILL (SENATE

BILLS NO. 28 OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

**** THE ELECTIONS (AMENDMENT) (NO. 2) BILL (SENATE BILLS NO. 29

OF 2024)

(The Senate Majority Leader and the Senate Minority Leader)

vi)

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

2024)

(Sen. Eddy Oketch, MP)

vii)

*THE LIVESTOCK PROTECTION AND SUSTAINABILITY BILL (SENATE

BILLS NO. 32 OF 2024)

(Sen. (Dr.) Lelegwe ltumbesi, MP)

viii)

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

(Sen. Edwin Sifuna, MP)

ix)

*THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM

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

(Sen. Karungo Thang’wa, MP)

…………./Notice Paper

(No. 099) WEDNESDAY, OCTOBER 02, 2024 (AFTERNOON SITTING) (1827)

*THE TOBACCO CONTROL (AMENDMENT) BILL (SENATE BILLS NO. 35

OF 2024)

(Sen. Catherine Mumma, MP)

xi)

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

2024) (The Senate Majority Leader)

B. MOTIONS

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)

ii)

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)

iii)

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)

iv)

ESTABLISHMENT OF NATIONAL TEACHING AND REFERRAL HOSPITALS

IN KENYA

(Sen. Johnes Mwaruma, MP)

COUNTY GOVERNMENTS TO SET ASIDE LAND FOR THE PLANTING OF

INDIGENOUS TREES

(Sen. Richard Onyonka, MP)

vi)

ALLOCATION OF SCHOLARSHIPS AND BURSARIES BY COUNTY

GOVERNMENTS

(Sen. (Prof.) Margaret Kamar, MP)

vii)

DEPLOYMENT OF SAFETY OFFICERS IN SCHOOLS FOR ENHANCED

SECURITY AND PREPAREDNESS

(Sen. Karen Nyamu, MP)

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Published by the Parliament of Kenya — original source. Text read from the retained document on 19 Aug 2026.