Thursday, 28th November, 2024

Clerk, do we have quorum?

Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

Order, hon. Senators! We now have the quorum, we can proceed. Clerk, called out the first Order.

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, a visiting delegation from the University of Denver’s Josef Korbel, School of International Studies, United States of America.

The delegation is in Nairobi for a Research Practicum under the Department of Diplomacy and International Studies (DDIS) at the University of Nairobi. This delegation comprising graduate students and faculty members are in the Senate on a one-day study visit.

Services, Senate.

Hon. Senators, I request each Member of the delegation to stand when called out, so that they may be acknowledged in the Senate tradition–

On behalf of the Senate and on my own behalf, I extend a warm welcome and wish you a fruitful visit.

Thank you. The Senate Majority Leader, please proceed to welcome the delegation in one minute. You do understand, those names are a bit complicated, not like Aaron.

Thank you, Mr. Deputy Speaker, Sir.

On behalf of the Senate, I welcome this visiting delegation from the University of Denver who are here on a study tour in partnership with the University of Nairobi. I hope that in the time they will be here, they will get to interact with our highly skilled technical staff and also this afternoon, witness debate, if you are going to have one, of us considering the various Bills that are listed on today's Order Paper.

Today being a Thursday, it is not one of those days when the House is pretty much full, but you can never tell with politicians what can happen in the next few minutes. So, I do not want to speak too soon. However, I would like to welcome them. I hope they get to stay long enough to enjoy as we do our work.

Mr. Deputy Speaker, Sir, I appreciate that they chose to visit us here at the Senate. I wish them well in the remainder of their tour here in Parliament and in Kenya generally. I also wish them a safe flight back home, when the time reaches.

Thank you, Mr. Deputy Speaker, Sir.

Sen. Mutinda, why are you behaving like you know this group from the University of Denver? Is it that you want to welcome them as well? You have 30 seconds.

Thank you, Mr. Deputy Speaker, Sir.

Services, Senate.

First, I would like to welcome the students, not because I am behaving in a way that I know them, but I am just priding by the fact that I am also an alumnus of the University of Nairobi.

It is the only university in this country that has the article ‘the’. I am still a student. I specialized in International Relations when I was doing my Master's at the University of Nairobi. I would like encourage them to pursue further studies. Education has no limit. Thank you for choosing to be here in the Senate. We are going to have a lot in our Order Paper. We hope that you are going to learn a few.

Thank you, Mr. Deputy Speaker, Sir.

Next Order, Clerk. Chairperson, Standing Committee on Labor and Social Welfare, please proceed.

Thank you, Mr. Deputy Speaker, Sir. Mr. Deputy Speaker, Sir, on behalf of the Chairperson of the Senate Standing Committee on Labour and Social welfare Committee, I beg to lay the following Paper on the Table of the Senate today, 28th of November, 2024-

Report of the Standing Committee on Labor and Social Welfare on its Consideration of the Provision of Sanitary Towels Bill (Senate Bill No.7 of 2024) .

Thank you.

Next Order.

Thank you, Mr. Deputy Speaker, Sir. I have a request for a Statement on the status of development of an estate in Likoni, Mombasa County.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding

Services, Senate. the status of redevelopment of estates in Likoni, especially on plot number Mombasa/MS/Block1/1840, in Mombasa County City.

Mr. Deputy Speaker, Sir, in 2022, the County Government of Mombasa initiated plans to redevelop estates in Likoni, including two estates owned by the County namely, Likoni Flats and Likoni Customs, which previously housed 348 families. The project was intended to be completed within two years through a partnership with Gold Land Rinco Company Limited under a public-private partnership agreement.

The County Government committed to providing each family with Kshs250,000 to facilitate their relocation to pave way for the project whose delivery timelines was two years. However, to date, the project has not commenced, leaving the displaced residents inconvenienced.

In the Statement, the Committee should-

and Gold Land Rinco Company Limited and confirm whether the partnership complies with constitutional and legal requirements of public-private partnership.

status of the said land.

support the allocated residents, given that the estimated two-year project timeline has lapsed without progress.

a clear timeline for its completion.

Thank you, Mr. Deputy Speaker, Sir.

Next is Sen. Joseph Githuku, who has two Statements.

Services, Senate.

Before we move on to the Statement under Standing Order No.57(1) by the Senate Majority Leader, let me give Sen. Mohammed Faki a chance to speak.

Asante, Mhe. Naibu Spika kwa kunipa fursa hii. Naona Senator wa Marsabit County, Sen. Chute, ametoa Statement kuhusu ujenzi wa nyumba katika maeneo ya Likoni.

Mhe. Naibu Spika, Sen. Chute hakunishauri kuhusu Statement hii. Kwa hakika---

Sen. Wamatinga, wacha Sen. Chute askize ninayoyasema. Kwa hakika ni makosa kwa Senator kwenda kwa Gatuzi lingine na kutafuta miradi bila ya ushauri wa Senator mhusika. Kuna wakati katika Bunge lililokwisha kulikuwa na Seneta wa West Pokot County, Sen. Pogishio. Wakati huo, Sen. Cherarkey alikuwa akizungumzia sana maswala ya West Pokot County kuliko maswala ya Nandi County. Sen. Pogishio akasema kuna mdudu anaitwa mulmulwas anayezunguka kila mahali.

Kwa hivyo, Sen. Chute usije ukawa kama mulmulwas wasiku za usoni kwa sababu kila mtu ako na gatuzi lake. Kama hujatoa Statement ya Gatuzi la mtu mwingine, ni swala la courtesy ama heshima uzungumze na mhusika ili akuwe at par wakati unatoa Statement hiyo.

Asante Mhe. Naibu Spika.

The Senate Majority Leader, please proceed.

Mr. Deputy Speaker, Sir, nothing captures what Sen. Faki is saying better than what Sen. Mundigi said a few weeks ago; that “kila kitu ni Chute”.

Services, Senate. various committees. I believe that those that are ready should be processed, so that Members can receive the responses and if they are satisfied, we put the matter to rest, if not, we canvass and debate on them.

I thank hon. Senators for the debate on the Motion of the President’s address to Parliament and the report of the Mediation Committee on the Division of Revenue (Amendment) Bill, National Assembly Bill No.38 of 2024. However, we are not yet done with the Division of Revenue. What is pending on this matter is for division to be undertaken, I therefore urge hon. Members to remain in the Senate this afternoon. Members, I cannot overemphasize how important this Bill is.

The National Assembly, our colleagues and whom you understand their view of devolution, have already concluded on this business, but here we are, still hogging along. I know people have various views about this Bill, but we canvassed and said what needs to be done about it. Therefore, I request hon. Senators to stay in the House this afternoon until we conclude that Order.

Mr. Deputy Speaker, Sir, on Tuesday, 3rd December, 2024, the Senate Business Committee (SBC) will meet to consider business for the week. The tentative business for that day will include business not concluded from today's Order Paper, as well as business indicated in the notice paper. The tentative business for the morning and afternoon sittings on Wednesday, 4th December, 2024, will include business not concluded from the Order Paper on Tuesday, the 3rd December, 2024.

The following are the Bills that are at Second Reading, and we propose to give them priority-

The Environmental Laws (Amendment) Bill, the Narcotic Drugs and Psychotropic Substance (Amendment) Bill, the County Oversight and Accountability Bill, the County Civic Education Bill, the County Statistics Bill, the Statutory Instruments (Amendment) Bill, the County Wards Equitable Development Bill, the Public Finance Management (Amendment) Bill and the Livestock Protection and Sustainability Bill.

Then there are these Motions. One is a report of the Ninth IPU on the Global Conference of Young Parliamentarians that was held in Hanoi, Vietnam from 15th to 17th September, 2023. This report has been in our papers for over a year and we need to conclude it otherwise the next conference will happen before we consider the report of the previous committee or gathering.

There is a report also of the parliamentary delegation to the 2024 Joint United Nations (UN) IPU hearing held at the UN headquarters in New York, United States of America from 8th to 9th February, 2024. Then there is a report of the ordinary session of the plenary assembly and related meetings for the Forum of Parliamentarians of the International Conference of the Great Lakes Region that was held in Livingstone, Zambia, in April, 2024. We also have a report of OACPS Parliamentary Assembly and the 43rd and first session of ACP-EU Joint Parliamentary Assembly meetings held in Brussels, Belgium, Luanda, and Angola, respectively.

Mr. Deputy Speaker, Sir, I urge Members that the end of a trip does not mean conclusion of business. In all these reports, there are Members who consumed per diem and attended these gatherings. It is your business to come back to the House and table the

Services, Senate. report, and make sure that it is passed. Otherwise, there will never be a record in this House that you travelled, apart from the boarding pass that you will be carrying.

The projected business for Thursday 5th December, 2024, which will be our last day of sitting this calendar year God willing, and unless a certain county assembly decides to interrupt our long recess as they have often done during this month of recess, will include the business that we will not have concluded on Tuesday and Wednesday.

The SBC has also proposed that we conclude on the following Motions; the report of the Standing Committee on Devolution and Intergovernmental Relations on its inquiry into the personal security concerns raised by Philomena Kapokory, who is the Deputy Governor of Trans Nzoia County. I hope in the report Sen. Abass’ Committee has led us into doing something better than just security concerns of this Deputy Governor, but looking to an obvious piece of challenge.

Just a minute, Senator Aaron Cheruiyot.

Sen. Cherarkey, this is the same thing you were doing with Sen. Phogisio’s in the last Parliament. How can you just cross from Nandi to West Pokot without even noting the Chair? Can you walk to the aisle and then bow?

Thank you, Mr. Deputy Speaker, Sir. Sen. Cherarkey needs to know that this is not Chepterwai market where you just walk around haphazardly.

There is also the report of the Standing Committee on Devolution into the inquiry into the state of markets in Vihiga and Bungoma counties, arising from a statement raised by Sen. Osotsi and Sen. Wakoli. There is a progress report on the National Cohesion and Equal Opportunities and Regional Integration Committee on the diversity and inclusivity of staff composition of the state agencies.

This is a very important report. Why do I say this report is important? It is important because this is one of the things that we asked this Committee, led Sen. Chute, to look into at the height of the Motion that we passed here after the invasion of Parliament in June. I hope they have done a good report together with legislative proposals on how to equalize employment opportunities for all Kenyans from all walks of life and from all the 47 counties. If they have not done that, we need to return them back to work, to ensure that they do that in compliance with what that Motion required of them.

We also have a report on the Standing Committee on Energy on the challenge of power purchase agreements, renewals and electricity supply in Kenya. I know Sen. Wamatinga is about to exit the Chairmanship of Energy Committee to concentrate more on taking care of our welfare as our newly sworn-in Commissioner, but this is one business that he still owes to the House. Power purchase agreements remain to be extremely controversial in this country.

Services, Senate.

The fact that we continue to purchase power at an exorbitantly high price, yet, year after year, if you go to the office of the Cabinet Secretary for Energy, you will see a long list of people who put in applications to do power exploration, far more cheaper power from either geothermal, wind and solar. However, because of these existing arrangements, Kenyans continue to buy power at an expensive price. I hope that the man or the woman that will take up that mantle at the Committee on Energy, the bulls-eye of a trophy for the Senate belongs to them eventually being able to unravel that mystery and ensure that we guide the country into an effective and affordable power for all citizens. That is the challenge. I may as well leak, that if someone was to write a dissertation on that topic specifically, then I may favourably consider that person to replace Sen. Wamatinga.

Mr. Deputy Speaker, Sir, in conclusion, there are critical businesses that are pending for consideration. We have the mediation reports, inter alia, on the Equalization Fund and the County Governments Additional Allocation. I must report---

Order, Senators, Order, Sen. Methu, I can hear your voice from my right side.

Mr. Deputy Speaker, Sir, I must report to the House that over the lunch hour today, somebody who sits in the county government's additional allocations Mediation Committee pointed out a serious concern to me. Out of the nine Members that we sent to that committee, they have had two meetings so far. Only three Members attended both meetings.

This is an extremely important Bill. You know what it means for county governments. Therefore, I want to reiterate before the entire House that if we grant you the opportunity to represent us in a Mediation Committee, you cannot treat it like an ordinary committee. We have sent you there to put the perspective, on behalf of all the 47 devolved units of this country. Therefore, I want to urge members that they take their work seriously.

I commit to pushing because it is my sincere hope that before we break for recess on 5th December, 2024, we will have concluded this particular business. This is more than Kshs60 billion that deserves to go to our county governments. Unfortunately, we cannot unlock it before considering this mediation report. The above may impact the business programme next week. Accordingly, we will make the necessary adjustments.

Mr. Deputy Speaker, Sir, I thank you and hereby lay this Statement on the Table of the Senate this afternoon.

Thank you, Sen. Cheruiyot, the Senate Majority Leader. You mentioned something important to the Members. Besides these

Services, Senate. Interparliamentary Union (IPU) and conferences, this is a communication to the chairpersons of all committees that if your Committee makes a trip, within two weeks, you should table the report. This communication has gone on record, and the chairperson should take note. When I served at the National Assembly, that is what we used to do. Therefore, chairpersons, you are well advised.

Sen. Dullo, can you read your statements, the two of them?

Hon. Senators, I would like to acknowledge the presence in the public gallery this afternoon, of a visiting delegation of 23 student leaders from Kenyatta University. The delegation is in the Senate for a one-day academic exposition.

Hon. Senators, on behalf of the Senate and my behalf, I extend a warm welcome and wish them a fruitful visit.

Thank you. I am looking for alumni of Kenyatta University. Sen. Kisang, are you an alumnus of the Kenyatta University?

Now, you do not qualify. You are not a good example. Sen. Beatrice Ogola, proceed.

Mr. Deputy Speaker, Sir, I have already stood. Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to welcome the team from Kenyatta University.

Recently, Kenyatta University was vetted and rated the top university in the country. I was there between 28th August, 1988, and I left on 28th March, 1991. I was there for under three years because, during that time, the universities were stable. There were no strikes. I want to tell them that I did double math, statistics and computer science. I did well, and I wish you well.

I know you are student leaders, and I believe some of you in the near future will be in this House, others in the other House and some of you will be governors. I do not know whether you are going to K1. There was a famous place we used to call K1. I do not know if you still go there. We used to go to Ruiru.

There was no estate across the university opposite Kahawa Barracks. Kahawa Barracks and Kenyatta University were one. The military used to cross to Kenyatta

Services, Senate. University to practise. We used to go to the barracks to enjoy ourselves. So, we were like a team. However, because of your numbers, they have closed that small place we used to go across.

Enjoy yourselves, do well, behave, and get disciplined and you will go places. Professor Mugenda did well for the university.

Thank you.

Thank you. Sen. Ogola, I will allow you one minute.

Mr. Deputy Speaker, Sir, I thank you for granting me the chance. I also happened to have done my second degree at Kenyatta University. I want to tell the students that leadership is universal. You are on the right track. Sen. Kisang reminds me of Kilometre One, where a number of us would spend only Kshs20 per day to survive. So, whatever you are going through, and any other student, is not only extraordinary to you.

We have all been there. We welcome you into leadership. All we ask is that you be the leaders this country aspires to have. Let us help everybody take this country to the next level and have one happy republic called Kenya. Welcome.

Thank you. Next Order.

Hon. Senators, this debate concluded yesterday. I want to ascertain whether we have a quorum to put the question.

Next Order.

Services, Senate.

Senators, regarding this particular Motion, we are going to division. I request the Serjeant-at-Arms to ring the division bell for 10 minutes.

Senate Majority Leader, approach the Chair.

Serjeant-at-Arms, close the Doors and draw the Bars, that is, both the front and back Doors.

Order, Hon. Senators.

Sen. Methu, the Bar has been drawn, so you will wait until the voting is completed.

Services, Senate.

Order, hon. Senators. I now want to put the question, that the Senate adopts the Report of the Mediation Committee on the Division of Revenue (Amendment) Bill (National Assembly Bills No.38 of 2024), laid on the Table of the Senate on Tuesday, 26th November, 2024, and further that pursuant to Article 113 (2) of the Constitution and Standing Order No.167 (3) of the Senate, approves the mediated version of the Bill.

We are voting electronically. Serjeant-at-Arms, look out for cards that are not attended to.

Hon. Senators, you can log out and in. Can you log in? Clerk, confirm whether the system is okay. (The Clerk-at-the Table consulted with the Deputy Speaker)

Proceed and vote.

We have another Division on Order No.10, so you should wait.

Sen. Okiya Omtatah, kindly approach the Dispatch Box and vote. I am not also sure whether the Meru delegation has voted.

Services, Senate. River County; Sen. Munyi Mundigi, Embu County; Sen. Okiya Omtatah, Busia County; Sen. Seki, Kajiado County; Sen. (Prof.) Tom Ojienda, SC, Kisumu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

NOES: Sen. Methu, Nyandarua County.

Hon. Senators, these are the results of the Division-

Serjeant-At-Arms, kindly withdraw the Bars and open the doors.

Clerk?

Hon. Senators, I want to reorganize the Order Paper.

Sen. Wambua and Majority Leader, I want to reorganize the order of business. We defer Orders No.10, 11 and 12, then we handle the Committee of the Whole on Orders No.13, 14, 15, 16 and 17.

Next Order.

Services, Senate.

Hon. Senators, we are going to the Committee of Whole.

Services, Senate.

Consequently, and in order to bring all Senators on board, I direct that the Bill be canvassed afresh. So, we will proceed to canvass the Bill under the various Clauses, which I will ask that we call them upon.

Clerk, you may proceed to call the Clauses Clause 3

Mr. Temporary Chairperson, Sir, I beg to move– THAT, the Bill be amended—

Services, Senate.

The Temporary Chairperson (Sen. Wakili Sigei): This Bill has proposal by Sen. Osotsi. I call upon the Mover of the Bill, Sen. (Dr.) Boni Khalwale, who has adopted those proposals to move.

Mr. Temporary Chairperson, Sir, I move- THAT Clause 5 of the Bill be amended by –

This Bill has proposal by Sen. Osotsi. I call upon the Mover of the Bill, Sen. (Dr.) Boni Khalwale, who has adopted those proposals to move.

Mr. Temporary Chairperson, Sir, I move- THAT Clause 5 of the Bill be amended by –

I am okay withdrawing further amendments. The Temporary Chairperson (

Services, Senate.

Kenya;

least 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.

Chairperson or a member of the Board may be removed from office if that person—

Services, Senate.

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— dies;

member of the Board if that person—

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.

procedures for the better carrying out of its functions. (Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Clause 7

Hon. Members, for purpose of clarity, the amendments by the Chairperson of the Standing Committee on Roads Transportation and Housing are hereby withdrawn and the further amendments by Sen. Osotsi are hereby adopted. (Proposed further amendments to Clause 5 by the Chairperson of the Committee on Roads and Transport withdrawn) (Question of the further amendment by Sen. Osotsi proposed) Clause 6

Mr. Temporary Chairperson Sir, I beg to move- THAT the Bill be amended by deleting Clause 6 and inserting therefor the following new clauses—

Qualifications for appointment.

Mr. Temporary Chairman, Sir, I beg to move-

THAT the Bill be amended by deleting Clause 9 and substituting therefor the following new clause—

Cooperative

Mr. Temporary Chairman, Sir, I propose- 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”.

The Temporary Chairperson

: Division at the end.

What is it, Sen. Cherarkey?

Division will be at the end. Clause 7

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 7 of the Bill be amended—

Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended by deleting Clause 8. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairman, Sir, Clause 9 (2) says that each co- operative society shall provide proof of registration of an owner confirming their

Mr. Temporary Chairman, Sir, I beg to move-

THAT the Bill be amended by deleting Clause 9 and substituting therefor the following new clause—

Cooperative

Mr. Temporary Chairman, Sir, I propose- 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”. (Question of the further amendment proposed) The Temporary Chairperson (

Mr. Temporary Speaker, Sir, mine was that it should be mandatory. It should have ended at, ‘each co-operative society shall provide proof of registration of an owner confirming their membership to the county executive.’ It should not be a request because the reading of this law, and you are a senior lawyer, means that it must be requested. However, you know how criminal gangs operate. They can appear in Bomet Longisa Boda Boda Co-operative Society, give out documents on that day, and yet, you are not sure. It should be mandatory. It should not be upon request. The CECM shall ensure that they are registered. If you add the word “request,” it shall negate the word “shall”.

I know the professor of law is here. If we are saying “shall” and then “request”, it defeats the statement in its entirety. So, the word “shall” should not come with requests. It should be mandatory.

Very well, Senator. The proposal will make the sub-clause to read as follows-

“Each co-operative society shall provide proof of registration of an owner confirming their membership to the county executive committee member.”

consulted

Services, Senate.

with the Clerks-at-the-Table) Sen. Cherarkey, please, approach the Chair.

Mr. Temporary Chairperson Sir, I beg to Move– THAT clause 10 of the Bill be amended—

Mr. Temporary Chairperson, Sir, I beg to move– THAT Clause 11 of the Bill be amended by inserting the following new sub- clause immediately after sub-clause (2) —

Sen. Cherarkey, Clause 9, under the Supplementary Order Paper, is exactly what you have read.

Services, Senate.

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 11 of the Bill be amended by inserting the following new subsection immediately after subsection (2) —

Sen. Cherarkey, you may proceed to make your comments on that proposal for amendment by Sen. Osotsi.

Mr. Temporary Chairman, Sir, Clause 9 (2) says that each co- operative society shall provide proof of registration of an owner confirming their

Mr. Temporary Chairperson, Sir, I beg to move – 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”

The Temporary Chairperson

: Division at the end. Sen. Osotsi has proposed a further amendment to Clause 14. I ask the Mover to proceed to move. Further amendment to Clause 14

Mr. Temporary Chairperson, Sir, I beg to move – THAT clause 14 of the Bill be amended—

Mr. Temporary Chairperson, Sir, I beg to move– 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”

Very well, Senator. The proposal will make the sub-clause to read as follows-

“Each co-operative society shall provide proof of registration of an owner confirming their membership to the county executive committee member.”

consulted

Mr. Temporary Chairperson, Sir, I beg to move– 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”.

The Temporary Chairperson

: Division will be at the end. Clause 17

Mr. Temporary Chairman, Sir, I beg to move – THAT Clause 17 of the Bill be amended in subclause

(1)

by deleting the word “thirty kilograms for a motorcycles 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”.

The Temporary Chairperson

: Division at the end. Clause 18

Mr. Temporary Chairperson, Sir, I beg to move– THAT clause 18 of the Bill be amended —

Services, Senate. Clause 19

Mr. Temporary Chairman, Sir, I beg to move– THAT Clause 19 of the Bill be amended—

Mr. Temporary Chairperson, Sir, I beg to move– THAT the Bill be amended by deleting clause 21.

The Temporary Chairperson

: Division at the end. Clause 22

The Temporary Chairperson

: Division will be at the end. Clause 23

Mr. Temporary Chairman, Sir, I beg to move– THAT Clause 23 of the Bill be amended—

Mr. Temporary Chairperson, Sir, I beg to move – 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” (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairman, Sir, after consultations with Sen. Osotsi, we have dropped the proposed amendment in Clause 24.

The Temporary Chairperson

: Division will be at the end Clause 25

Mr. Temporary Chairperson, Sir, after consultations with Sen. Osotsi, we have agreed to drop the amendment in Clause 25.

The Temporary Chairperson

: Division at the end Clause 26

Mr. Temporary Chairperson, Sir, I beg to move – 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.”

Services, Senate.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division at the end. Further amendment to Clause 26

The Temporary Chairperson (Sen. Wakili Sigei): There is a further amendment to Clause 26. I ask the Sen. (Dr.) Boni Khalwale to move the proposed amendment by Sen. Godfrey Osotsi.

Mr. Temporary Chairman, Sir, after consultations with Sen. Osotsi, we have agreed that the amendment be withdrawn in Clause 26.

The Temporary Chairperson

: For clarity, Hon. Members, the amendment which you are carrying under Clause 26 is the proposed amendment by the Chairperson, Standing Committee on Roads, Transportation, and Housing. Clause 27

The Temporary Chairperson

: I ask Sen. (Dr.) Boni Khalwale to move the proposed amendments by Sen. Godfrey Osotsi.

Division at the end. Clause 16

Mr. Temporary Chairperson, Sir, I beg to move– 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”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 17

Mr. Temporary Chairman, Sir, I beg to move – THAT Clause 17 of the Bill be amended in subclause (1) by deleting the word “thirty kilograms for a motorcycles 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”. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 6A be read a Second time.

The Temporary Chairperson

: Division will be at the end.

Mr. Temporary Chairperson, Sir, I beg to move– THAT clause 18 of the Bill be amended —

I beg to move- THAT Clause 6B be now read a second time.

The Temporary Chairperson

: Division will be at the end. New Clause 6C

I beg to move- THAT New Clause 6C be read a second time.

The Temporary Chairperson

: Division will be at the end. New Clause 6D

Mr. Temporary Chairperson, Sir, I beg to move- THAT New Clause 6D be read a second time.

The Temporary Chairperson

: Division will be at the end.

Services, Senate. New Clause 6E

The Temporary Chairperson (Sen. Wakili Sigei): Hon Senators, I ask the mover, Senator Chute, to move.

Mr. Temporary Chairperson, Sir, I beg to move- THAT new Clause 6E be read a second time.

The Temporary Chairperson

: Division will be at the end. New Clause 7A

Division will be at the end. Clause 23

Mr. Temporary Chairman, Sir, I beg to move– THAT Clause 23 of the Bill be amended—

Services, Senate.in sub-section”the words “The” and substituting therefor the words “the county executive committee member”words “device to the” and substituting therefor the words “the county executive committee member”.(Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairperson, I am satisfied that the amendment by the Chairperson of the Committee is more elaborate and representative of what we desire in our proposed amendment to 28A. I therefore withdraw.

The Temporary Chairperson

: Hon. Senators, in view of that withdrawal, then that further amendment is hereby withdrawn and the Chairperson’s amendment is carried.

New Clause 30

Mr. Temporary Chairperson, Sir, I beg to move- 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.

The Temporary Chairperson

: Division will be at the end. New Schedule

Mr. Temporary Chairpersons, Sir, I beg to move- THAT the Bill be amended by inserting the following New Schedule-

Division will be at the end Clause 25

Services, Senate. Meetings of the Board

business of the Board

shall convene the ordinary meetings of the Board.

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.

otherwise agree, at least fourteen days written notice of every meeting shall be given to every by the respective Secretary.

members.

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.

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.

within its membership.

procedure and for the attendance of other persons at its meetings thereof. Disclosure of interest.

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.

minutes of the meeting at which it is made.

Services, Senate.

Mr. Temporary Chairman, Sir, after consultation with Sen. Osotsi, we have agreed that the proposed amendments to Clause 2 be withdrawn.

The Temporary Chairperson

: Hon. Senators, in view of that withdrawal, then that amendment is hereby withdrawn.

Division will be at the end. The Title and Clause 1

The Temporary Chairperson

: Division will be at the end. Hon. Senators, earlier on when we were dealing with Clause 9, Sen. Cherarkey had proposed a further amendment to that Clause. In his absence, we will not consider that proposed amendment. Therefore, we will go by amendment by the Chairperson as well as the proposal by Sen. Osotsi.

Hon. Senators, we will proceed to deal with the next Bill. We will report upon conclusion of the next Bill. In the absence of the Chairperson of the Committee on Devolution and Intergovernmental Relations, we will have the Senate Majority Leader to move the amendments on his behalf.

Mr. Temporary Chairperson, Sir, I beg to move –

Services, Senate.

THAT Clause 3 of the Bill be amended—

in a managerial position;

The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Clause 4

Mr. Temporary Chairperson, Sir, I beg to move–

THAT Clause 4 of the Bill be amended—

There is a further amendment to Clause 26. I ask the Sen. (Dr.) Boni Khalwale to move the proposed amendment by Sen. Godfrey Osotsi.

Services, Senate. Clause 5

Mr. Temporary Chairperson, Sir, I beg to move–

THAT Clause 6 of the Bill be deleted and substituted with the following new clause—

For clarity, Hon. Members, the amendment which you are carrying under Clause 26 is the proposed amendment by the Chairperson, Standing Committee on Roads, Transportation, and Housing. Clause 27 The Temporary Chairperson (

Mr. Temporary Chairperson, Sir, I beg to move–

Mr. Temporary Chairman, Sir, after consultations with Sen. Osotsi, we have agreed that the proposed amendments of Clause 27 on the Order Paper be withdrawn. (Proposed amendment to Clause 27 by

Mr. Temporary Chairperson, Sir, I beg to move–

THAT Clause 17 of the Bill be deleted.

Mr. Temporary Chairperson, Sir, I beg to move- 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”. (Question of the further amendment proposed) The Temporary Chairperson (

I beg to move - THAT the Principal Act is amended by inserting the following new sections immediately after Section 19- 11A. Establishment of Pension Scheme

Services, Senate. Clauses 28 and 29

Services, Senate. 11B. Trustees of the Scheme

as such under the Trustees (Perpetual Succession) Act.

shall have at least four and not more than nine trustees.

shall ensure that at least one of the nine trustees is an independent

trustee who–

and,

Benefits Act.

Mr. Temporary Chairperson, Sir, I beg to move-

THAT the Principal Act is amended by inserting the following new sections immediately after Section 19-

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.

The Temporary Chairperson

: Division will be at the end. New Clause 11D

Division will be at the end. New Clause 6A The Temporary Chairperson (

Services, Senate.

I call upon the Chairperson, Standing Committee on Roads, Transportation, and Housing to move.

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 6A be read a Second time. (Question of the New Clause 6 A proposed) (New Clause 6 A was read a First Time) (Question that New Clause 6A be read a Second Time proposed) (Question, that New Clause 6A be part of the Bill proposed) The Temporary Chairperson (

I beg to move–

Services, Senate.

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;

“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; (Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. The Title and Clause 1

I beg to move- THAT Clause 6B be now read a second time. (Question of the New Clause 6B proposed) (New Clause 6B was read a First Time) (Question that New Clause 6B be read a Second Time proposed) (Question, that New Clause 6B be part of the Bill proposed) The Temporary Chairperson (

Services, Senate.

The Temporary Chairperson (Sen. Wakili Sigei): I call the Mover, Sen. Hamida, to move the proposed amendments on behalf of the Chairperson Standing Committee on Finance and Budget.

Division will be at the end. New Clause 6C

I beg to move- THAT New Clause 6C be read a second time. (Question of the New Clause 6C proposed) (New Clause 6C was read a First Time) (Question, that New Clause 6C be read a Second Time proposed) (Question, that New Clause 6C be part of the Bill proposed) The Temporary Chairperson (

Services, Senate.

integrated county revenue management system.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Clause 3

Division will be at the end. New Clause 6D

Mr. Temporary Chairperson, Sir, I beg to move- THAT New Clause 6D be read a second time. (Question of the New Clause 6D proposed) (New Clause 6D was read a First Time) (Question that New Clause 6D be read a Second Time proposed)(Question, that New Clause 6D be part of the Bill proposed) The Temporary Chairperson (

Services, Senate.

The Temporary Chairperson (Sen. Wakili Sigei): I call Sen. Mungatana to move the proposed amendments on behalf of the Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights.

Services, Senate. New Clause 6EThe Temporary Chairperson (

Services, Senate.

removal of the member.

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.

shall— ) (a) suspend the member pending the outcome of the petition; and

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;

report on the facts to the President who shall act in accordance with the recommendation.

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.

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.

Commission if the person— ) (a) is a citizen of Kenya;

Hon Senators, I ask the mover, Senator Chute, to move.

Services, Senate.

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;

Secretary shall be given— ) (a) sufficient notice of the allegations made against him or her; and

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. The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. There is a further amendment to Clause 5 proposed by Sen. Osotsi. In the absence of Sen. Osotsi, that proposal is hereby dropped.

(Further amendment to Clause 5 by Sen. Osotsi dropped) Clause 6

Mr. Temporary Chairperson, I beg to move –

Division will be at the end. New Clause 7A

Services, Senate.

THAT the Bill be amended by deleting Clause 7 and substituting therefor the following New Clause –

Amendment of section 34C of Cap 7D.

) (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

the Commission under subsection (1) may appeal to the High Court. (Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Clause 8

Mr. Temporary Chairperson, Sir, I beg to move – THAT the Bill be amended by deleting clause 8 and substituting therefor the following new clause – Savings and transition.

Division will be at the end. Sen. (Dr.) Boni Khalwale and Sen. Chute, could you please approach the Chair? (Sen. (Dr.) Khalwale and Sen. Chute consulted with the Temporary Chairperson) New Clause 28A

Mr. Temporary Chairperson, Sir, I beg to move- THAT New Clause 28A be read a second time.

Services, Senate.

Mr. Temporary Chairperson, I am satisfied that the amendment by the Chairperson of the Committee is more elaborate and representative of what we desire in our proposed amendment to 28A. I therefore withdraw. The Temporary Chairperson (

Mr. Temporary Chairperson, Sir, I beg to move– 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.

The Temporary Chairperson

: Division at the end.

Mr. Temporary Chairperson, Sir, I beg to move- 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. (Question of New Clause 30 proposed) (New Clause 30 read a First Time) (Question, that New Clause 30 be read a Second Time proposed) (Question, that New Clause 30 be part of the Bill, proposed) The Temporary Chairperson (

You can use that one Sen. Mungatana, MGH it is on now.

Mr. Temporary Chairperson, Sir, I beg to Move – THAT the Bill be amended by inserting the following new clause immediately after Clause7 – Repeal of section 36 of Cap. 7D.

7A. The principal Act is amended by repealing section 36.

The Temporary Chairperson

: Division will be at the end. New Clause 7B

Services, Senate. Meetings of the Board

business of the Board

shall convene the ordinary meetings of the Board.

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.

otherwise agree, at least fourteen days written notice of every meeting shall be given to every by the respective Secretary.

members.

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.

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.

within its membership.

procedure and for the attendance of other persons at its meetings thereof. Disclosure of interest.

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.

minutes of the meeting at which it is made.

Services, Senate.

Mr. Temporary Chairman, Sir, after consultation with Sen. Osotsi, we have agreed that the proposed amendments to Clause 2 be withdrawn. The Temporary Chairperson (

Hon. Senators, in view of that withdrawal, then that amendment is hereby withdrawn. (Proposed amendment to Clause 2 by Sen. Osotsi withdrawn) (Question, that Clause 2 be part of the Bill, proposed) Division will be at the end. The Title and Clause 1 (Question, that the Title and Clause I be part of the Bill, proposed) The Temporary Chairperson (

Mr. Temporary Chairman, Sir, I beg to Move – THAT the Bill be amended by inserting the following new clause immediately after Clause 7– 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 –

Mr. Temporary Chairperson, Sir, I beg to move –

Could you kindly use the Senate Majority Leader’s microphone.

Mr. Temporary Chairperson, Sir, I beg to move – THAT Clause 2 of the Bill be amended by deleting paragraph (a) and substituting therefor the following new paragraph –

Division will be at the end. Clause 4

Services, Senate.

part of the Bill, proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Hon. Members we are now done with the Political Parties (Amendment (No.2) Bill (Senate Bills No.26 of 2024). We shall proceed to the Elections (Amendment) (No.2) Bill (Senate Bills No.29 of 2024).

Mr. Temporary Chairperson, Sir, I beg to move – THAT Clause 3 of the Bill be amended by deleting paragraph

(c)

The Temporary Chairperson

: Division at the end. Clause 4

Mr. Temporary Chairperson, Sir, I beg to move – THAT Clause 4 of the Bill be amended in paragraph (a) by—

Mr. Temporary Chairperson, Sir, I beg to move – 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. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 14 and substituting therefor the following new clause –

Mr. Temporary Chairperson, I beg to move- THAT, Clause 15 of the Bill be amended by—

Services, Senate.THAT Clause 13 of the Bill be amended-staff of the council secretariat” appearing in the marginal note;deemed to be staff of the Council as provided for under section 23C;and substituting therefor the word “Six” ;Intergovernmental Forums;affecting County Governments;immediately after paragraph (a)— (aa) Monies allocated annually by Parliament for the purposes of the Forum.entity come from?” appearing immediately after the words “conditions of service”.(Question of the amendment proposed) The Temporary Chairperson (

Services, Senate.

after the words “the symbol of another” in paragraph (a) and substituting therefor the words “independent candidate within the same county.”

(Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Clauses 17, 18, 19 and 20

Division will be at the end. Clauses 14, 15 and 16(Question, that Clauses 14, 15, and 16 be part of the Bill, proposed) The Temporary Chairperson (

Mr. Temporary Chairperson, I beg to move- THAT, Clause 23 of the Bill be amended in the proposed new subsection (4A) by inserting the following new paragraph immediately after paragraph (iii) — Amendment of section 38A of Act No. 24 of 2011

Mr. Temporary Chairperson, Sir, I beg to move–

THAT Clause 17 of the Bill be deleted.

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting clause 25 and substituting thereof the following new clause—

Amendment of 25. Section. 45 of the principal Act be amended by—

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 30. Section 45 of Act No. 24 of

Division will be at the end. New Clause 11AThe Temporary Chairperson (

Mr. Temporary Chairperson, I beg to move- THAT, Clause 2 of the Bill be amended—

I beg to move - THAT the Principal Act is amended by inserting the following new sections immediately after Section 19- 11A. Establishment of Pension Scheme

Mr. Temporary Chairperson, Sir, I beg to move-

THAT the Principal Act is amended by inserting the following new sections immediately after Section 19-

Hon. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report on this consideration of the Public Transport Motorcycle Regulation Bill (Senate Bills No. 38 of 2023) and seek leave to sit again tomorrow.

Mr. Temporary Chairperson, Sir, I beg to move- THAT the Principal Act is amended by inserting the following new sections immediately after Section 19- 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. (Question of the New Clause 11C proposed) (New Clause 11C read a First Time) (Question, that New Clause 11C be read a Second Time proposed) (Question, that New Clause 11C be part of the Bill, proposed) The Temporary Chairperson (

Division will be at the end. New Clause 11D

Services, Senate.

Mr. Temporary Chairperson, Sir, I beg to move-

THAT the Principal Act is amended by inserting the following new sections immediately after Section 19-

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

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Intergovernmental Relations (Amendment) Bill (Senate Bills No.12 of 2024) and seek leave to sit again tomorrow.

I beg to move–

Services, Senate.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;“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; (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. The Title and Clause 1

Services, Senate.The Temporary Chairperson (

Hon. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report.

Do we have somebody to second?

Services, Senate.integrated county revenue management system.(Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 3

Mr. Temporary Chairperson, I beg to move– 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”. (Question of the amendment proposed) The Temporary Chairperson (

Sen. Hamida, proceed to move.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report.

Division will be at the end. Hon. Members, we are done with the Public Finance Management (Amendment) Bill (Senate Bills No.40 of 2023) . We shall Report Progress after conclusion of the other Bills.

Mr. Temporary Speaker, Sir, I second.

We will now proceed to report on the Intergovernmental Relations (Amendment) Bill (Senate Bills No.12 of 2024) .

I call upon the Chairperson to report.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Intergovernmental Relations (Amendment) Bill (Senate Bills No. 12 of 2024) and seeks leave to sit again tomorrow.

Services, Senate.

removal of the member.

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.

shall— ) (a) suspend the member pending the outcome of the petition; and

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;

report on the facts to the President who shall act in accordance with the recommendation.

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.

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.

Commission if the person— ) (a) is a citizen of Kenya;

Mr. Temporary Speaker, Sir, I second.

We will now move to the next Bill, the Political Parties (Amendment) (No.2) Bill (Senate Bills No. 26 of 2024) . I call upon the Chairperson to report.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Political Parties (Amendment) (No.2) Bill (Senate Bills No.26 of 2024) and seeks leave to sit again tomorrow.

Services, Senate.THAT the Bill be amended by deleting Clause 7 and substituting therefor the following New Clause –Amendment of section 34C of Cap 7D.) (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); andthe Commission under subsection (1) may appeal to the High Court. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Speaker, Sir, I second.

Mr. Temporary Chairperson, Sir, I beg to move – THAT the Bill be amended by deleting clause 8 and substituting therefor the following new clause – Savings and transition.

Mr. Temporary Chairperson, Sir, I beg to move- 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 –

Mr. Temporary Chairman, Sir, I beg to move – 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 –

I call upon the Mover, Sen. Mungatana.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report and request hon. Hamida to second.

Mr. Temporary Speaker, Sir, I second.

Sen. (Dr.) Boni Khalwale, please approach the Chair.

Hon. Senators, we are now resuming the normal business. We have two papers to lay as well as a Motion to issue notice.

Clerk, go back to the Order Paper for purposes of that.

Division at the end.

Services, Senate.

There is a further proposed amendment to New Clause 6A by Sen. Osotsi, and in his absence, it is dropped. Next.

(Proposed amendment to New Clause 6A by Sen. Osotsi dropped) New Clause 7A

You can use that one Sen. Mungatana, MGH it is on now.

Mr. Temporary Chairperson, Sir, I beg to Move – THAT the Bill be amended by inserting the following new clause immediately after Clause7 – Repeal of section 36 of Cap. 7D. 7A. The principal Act is amended by repealing section 36. (Question of the New Clause 7A proposed) (New Clause 7A was read a First Time) (Question, that New Clause 7A be read a Second Time proposed) (Question that New Clause 7A be part of the Bill proposed) The Temporary Chairperson (

Next Order. Proceed, Sen. (Dr.) Khalwale.

Division will be at the end. New Clause 7B

Mr. Temporary Chairperson, Sir, I beg to move – THAT the Bill be amended by inserting the following new clause immediately after Clause 7– Repeal of section 37 of Cap 7D.

7B. The principal Act is amended by repealing section 37.

Clerk, let us call the next Order. Hon. Members, for the convenience of the House, we will rearrange the Order Paper, so that we call out Order No.25, the County Assembly Services (Amendment) Bill (Senate Bill No.34 of 2023) . Thereafter, we shall proceed as per the Order Paper.

So, Clerk, call out Order No.25.

Services, Senate.

Mr. Temporary Chairperson, Sir, I beg to move – THAT the Bill be amended by inserting the following new clause immediately after Clause 7– 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”. (Question of the New Clause 7C proposed) (New Clause 7C was read a First Time) (Question, that New Clause 7C be read a Second Time proposed) (Question that New Clause 7C be part of the Bill proposed) The Temporary Chairperson (

Sen. Chute, this is your Bill. You may proceed to Move.

Division at the end. New Clause 7D

Mr. Temporary Chairperson, Sir, I beg to move– THAT the Bill be amended by inserting the following new clauses immediately after Clause 7– Amendment of section 40 of Cap. 7D.

7D. Section 40 of the principal Act is amended in subsection

Let me ask my friend, Sen. Lomenen, the Senator for Turkana, to second this Bill.

Mr. Temporary Chairman, Sir, I beg to Move – THAT the Bill be amended by inserting the following new clause immediately after Clause 7– 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 –

Services, Senate.

the Commission.

of the members present.

keep minutes of its proceedings and decisions.

Could you kindly use the Senate Majority Leader’s microphone.

Mr. Temporary Chairperson, Sir, I beg to move – THAT Clause 2 of the Bill be amended by deleting paragraph (a) and substituting therefor the following new paragraph –

Services, Senate.part of the Bill, proposed) The Temporary Chairperson (

Thank you, Mr. Temporary Speaker, Sir. Pursuant to Standing Order No.66 (3) , I request that the putting of the question be deferred to a later date.

Mr. Temporary Chairperson, Sir, I beg to move – THAT Clause 3 of the Bill be amended by deleting paragraph (c) (Question of the amendment proposed) The Temporary Chairperson (

Services, Senate.

Now, having earlier rearranged the Orders to accommodate that Bill, we will resume. We dealt with the Committee of the Whole up to Order Number 17.

Clerk, call out Order No 18. (The Clerk-at-the-Table consulted with the Speaker) Now, hon. Senators, the County Assembly's Pension Scheme Bill, (Senate Bills No. 14 of 2024, is Order No.18. In the absence of Members to contribute to it, it is deferred to the next---

(The Clerk-at-the-Table consulted with the Speaker) Okay, proceed to call it out then, so that I give directions.

Division at the end. Clause 4

Mr. Temporary Chairperson, Sir, I beg to move – THAT Clause 4 of the Bill be amended in paragraph (a) by—

Services, Senate. Clause 14

Hon. Senators, I call upon Sen. Mungatana, on behalf of the Chairperson Standing Committee on Justice, Legal Affairs and Human Rights (JLACHR) to move the proposed amendment.

Services, Senate.

Mr. Temporary Chairperson, I beg to move- THAT, Clause 15 of the Bill be amended by—

Mr. Temporary Chairperson, I beg to move- THAT, Clause 16 of the Bill be amended by inserting the following new paragraph immediately after paragraph (b) – Amendment of section 27 of No. of 2011

Services, Senate.after the words “the symbol of another” in paragraph (a) and substituting therefor the words “independent candidate within the same county.”(Question of the amendment proposed) The Temporary Chairperson (

Services, Senate.

(vii) Mombasa Water and Sanitation Company Limited; (viii) Nanyuki Water and Sanitation Company Limited; and, (ix) Nithi Water and Sanitation Company Limited. (Motion deferred)

Division will be at the end. Clauses 17, 18, 19 and 20

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting clause 21 and substituting therefor the following new clause –

Mr. Temporary Chairperson, I beg to move- THAT, Clause 23 of the Bill be amended in the proposed new subsection (4A) by inserting the following new paragraph immediately after paragraph (iii) — Amendment of section 38A of Act No. 24 of 2011

Services, Senate.(iv) processing of data is only effected through a server or a data centre located in Kenya.(Question of the amendment proposed) The Temporary Chairperson (

Services, Senate.

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting clause 25 and substituting thereof the following new clause—

Amendment of 25. Section. 45 of the principal Act be amended by—

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 30. Section 45 of Act No. 24 of

Mr. Temporary Chairperson, I beg to move- THAT, Clause 31 of the Bill be amended in the proposed new section 82A by inserting the following new subsection immediately after subsection (4) —

Mr. Temporary Chairperson, I beg to move- THAT, Clause 2 of the Bill be amended—

Services, Senate.

Hon. Members, we are now done with the Elections (Amendment No.2) Bill (Senate Bills No.29 of 2024). We shall report at the end of consideration of the other Bills.

Hon. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report on this consideration of the Public Transport Motorcycle Regulation Bill (Senate Bills No. 38 of 2023) and seek leave to sit again tomorrow.

Thank you, Hon. Temporary Chairperson, Sir. Pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of the Public Finance Management Amendment Bill (Senate Bills No. 40 of 2023) and seek leave to sit again tomorrow.

Services, Senate.

Hon. Temporary Chairperson, Sir, pursuant to Standing Order 153, I beg to move that the Committee of the Whole do report progress on its consideration of the Political Parties (Amendment) (No.2) Bill (Senate Bills No.26 of 2024) and seek leave to sit again tomorrow.

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Intergovernmental Relations (Amendment) Bill (Senate Bills No.12 of 2024) and seek leave to sit again tomorrow.

Hon. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Elections (Amendment) (No.2) Bill (Senate Bills No.29 of 2024) and seek leave to sit again tomorrow. Thank you. (Question put and agreed to) The Temporary Chairperson (

Let us all rise.

Services, Senate.

Hon. Members, we are now resuming and I would like to call upon the Chairperson to proceed to report of progress by the Committee of the Whole on the Public Transport (Motorcycle Regulation) Bill (Senate Bills No. 38 of 2023) .

Hon. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Public Transport (Motorcycle Regulation) Bill (Senate Bills No.38 of 2023) and seeks leave to sit again tomorrow.

Sen. (Dr.) Boni Khalwale, the Mover, please proceed.

Clerk, give him the microphone.

Hon. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report.

Do we have somebody to second?

I request the Senator from Tana River County, Buya Mungatana, please second.

I second. Thank you.

We shall now move to the next Bill, the Public Finance Management (Amendment) Bill (Senate Bills No. 40 of 2023) .

I call upon Sen. Chute to report and then Sen. Hamida to move.

Thank you, Mr. Temporary Speaker, Sir. I beg to report that the Committee of the Whole has considered the Public Finance Management (Amendment) Bill (Senate Bills No. 40 of 2023) and seeks leave to sit again tomorrow.

Sen. Hamida, proceed to move.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report.

Services, Senate.

I request Sen. (Dr.) Khalwale to kindly second.

Mr. Temporary Speaker, Sir, I second.

We will now proceed to report on the Intergovernmental Relations (Amendment) Bill (Senate Bills No.12 of 2024) .

I call upon the Chairperson to report.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Intergovernmental Relations (Amendment) Bill (Senate Bills No. 12 of 2024) and seeks leave to sit again tomorrow.

Sen. Mungatana, proceed to move.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report and ask hon. Sen. Hamida to second.

Mr. Temporary Speaker, Sir, I second.

We will now move to the next Bill, the Political Parties (Amendment) (No.2) Bill (Senate Bills No. 26 of 2024) . I call upon the Chairperson to report.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Political Parties (Amendment) (No.2) Bill (Senate Bills No.26 of 2024) and seeks leave to sit again tomorrow.

On behalf of the Senate Majority Leader, Sen. Mungatana proceed to move.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report and request hon. Hamida to second.

Mr. Temporary Speaker, Sir, I second.

Services, Senate.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole in the Senate has considered the Elections (Amendment) (No. 2) Bill (Senate Bills No. 29 of 2024) and seeks leave to sit again tomorrow.

I call upon the Mover, Sen. Mungatana.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report and request hon. Hamida to second.

Mr. Temporary Speaker, Sir, I second.

Sen. (Dr.) Boni Khalwale, please approach the Chair.

Hon. Senators, we are now resuming the normal business. We have two papers to lay as well as a Motion to issue notice.

Clerk, go back to the Order Paper for purposes of that.

Mr. Temporary Speaker, Sir, I beg to lay the following Papers on the Table of this Senate today, Thursday, 28th November, 2024-

Services, Senate.

Next Order. Proceed, Sen. (Dr.) Khalwale.

Mr. Temporary Speaker, Sir, I beg to give notice of the following Motion-

THAT, the Senate adopts the report of the joint sittings of the Standing Committee on Finance and Budget of the Senate and the Departmental Committee on Finance and National Planning of the National Assembly, on the nomination of Mr. Gerald Nyaoma Arita for appointment to the position of Deputy Governor of the Central Bank of Kenya that was laid on the Table of the Senate today, Thursday, 28th November, 2024 in pursuant to Section 13 (b) (1) of the Central Bank of Kenya Act and Section 88 of the Public Appointments (Parliamentary Approval) Act, approves the nomination of Mr. Gerald Nyaoma Arita for appointment to the position of Deputy Governor of the Central Bank of Kenya.

I thank you, Mr. Temporary Speaker, Sir.

Clerk, let us call the next Order. Hon. Members, for the convenience of the House, we will rearrange the Order Paper, so that we call out Order No.25, the County Assembly Services (Amendment) Bill (Senate Bill No.34 of 2023) . Thereafter, we shall proceed as per the Order Paper.

So, Clerk, call out Order No.25.

Services, Senate.

Sen. Chute, this is your Bill. You may proceed to Move.

Thank you, Mr. Temporary Speaker, Sir. I beg to move- That the County Assembly Services (Amendment) Bill (Senate Bills No.34 of 2023) , be now read a Second Time.

What this Bill is meant for is to align what is happening in the National Assembly and the Senate. If you look at the management of the Senate and the National Assembly, the Speaker is in charge of the House business only. What is happening at the county assembly is that the speaker is in charge of the management of the county assembly.

Clause Four states that- “4. Section 11 of the principal Act is amended in subsection (1) —

Sen. Chute, you will, upon your moving, ask someone to second your Bill. We will then proceed from there upon it being seconded.

Let me ask my friend, Sen. Lomenen, the Senator for Turkana, to second this Bill.

Services, Senate.

Mr. Temporary Speaker, Sir, I second.

Hon. Members, this Bill is now open and available for contribution by Members. For those who would be keen on rendering their contribution, the Floor is open and available for contribution.

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to contribute to the County Assembly Services (Amendment) Bill (Senate Bills No.34 of 2023) ,

I want to thank Sen. Chute for moving this amendment. He has mentioned some of the important issues that the amendment of this County Assembly Services Bill seeks to advance.

This Bill seeks to ensure that the clerk of a county assembly exercises effective control over the staff of the Assembly in order to ensure the efficient running of the respective legislature. It is important that the Clerk of the Assembly be given sufficient power to manage the staff or the secretariat that runs the assembly.

This Bill is simply seeking to align what happens in the National Assembly and the Senate. This exercise of efficient control over the staff and the secretariat at the county assemblies throughout Kenya can be replicated in the same way that the clerk of the National Assembly and the Clerk of the Senate does. There must be a law that makes it clear. This is necessary because since we got our counties, we have passed several laws one of which was the County Assemblies Act.

Let me give the background. At the time that we were passing these laws, we went to the Naivasha Accord and we brokered the deal that created the Constitution of

Services, Senate.

So, what Sen. Chute is seeking in this Bill is to make sure that if there were some oversights here and there, they are amended, created and an alignment is sought. This again gives us an opportunity to debate the whole question of employees and staff within county assemblies in all 47 counties. We need to agree as we debate this. County assemblies have bloated staff. Almost all the 47 counties have more staff than they require.

There is a question of politics and we are all alive to this reality. When a new Speaker comes because he has just been elected, he wants to exercise influence and make sure that his cronies friends and his relatives are also absorbed in the county assembly. So, in the third session of governments that have come in the county assemblies, we have had a problem. The clerk does not have a lot of management within the assemblies because this section gave leeway to the speakers in the county assemblies to do whatever they wanted.

So, the head of the secretariat is then told, you must employ so-and-so and yet there is no budgetary provision for it. As a result, continuously we have had an increase of people who are employed in county assemblies. As a result, county assemblies, as I speak today, are bursting with unwanted staff and the secretariat cannot do anything about it.

Most professional people who went to work in the county assemblies were professionals. They were seconded from the National Assembly and the Senate. Many of them are trained and they understand the system. They know what to do.

Mr. Temporary Speaker, Sir, when you are working under an overbearing speaker, you will find yourself having to comply with things that may not necessarily be correct. So, this is a good Bill that returns the power of staff management into the hands of the clerks of our 47 county assemblies. Clerks will have full power, upon the passage of this law, to allow the proper management of our county assemblies. They can now deal with bloated staff, indiscipline, failing to report to work and normal misbehavior of staff working in our assemblies. These people will no longer be said to be protected by the speaker.

I thank Sen. Chute for thinking about this amendment because we need this kind of alignment. We need this kind of management power, so that we now summon clerks to come before our committees at the Senate. They will not have a reason to escape responsibility on how their assemblies are managed and their secretariats is being run.

Mr. Temporary Speaker, Sir, I support.

There seems to be no other Member who is interested in contributing to this Bill. I now call upon the Mover, Sen. Chute, to reply.

Thank you, Mr. Temporary Speaker, Sir. Pursuant to Standing Order No.66 (3) , I request that the putting of the question be deferred to a later date.

Hon. Senators, pursuant to provisions of Standing Order No.66 (3) , the putting of the question to this particular Bill is deferred to the next sitting of the House.

Services, Senate.

Now, having earlier rearranged the Orders to accommodate that Bill, we will resume. We dealt with the Committee of the Whole up to Order Number 17.

Clerk, call out Order No 18. (The Clerk-at-the-Table consulted with the Speaker) Now, hon. Senators, the County Assembly's Pension Scheme Bill, (Senate Bills No. 14 of 2024, is Order No.18. In the absence of Members to contribute to it, it is deferred to the next---

(The Clerk-at-the-Table consulted with the Speaker) Okay, proceed to call it out then, so that I give directions.

Services, Senate.

Services, Senate.

(vii) Mombasa Water and Sanitation Company Limited; (viii) Nanyuki Water and Sanitation Company Limited; and, (ix) Nithi Water and Sanitation Company Limited. (Motion deferred)

Services, Senate.

Services, Senate.

Hon. Senators, you may all rise. There being no other Business on the Order Paper, the Senate stands adjourned until Tuesday, 3rd December, 2024, at 2.30 p.m.

The Senate rose at 6:01 p.m.