Thursday, 12th October, 2023

Clerk, do we have quorum?

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

I am informed we now have quorum. Clerk, proceed to call the first Order.

Hon. Senators, due to the business ahead, we will defer the Petitions until next week on Tuesday.

Proceed to call the next order.

Senate.

Senate Majority Leader, do you have any Papers to lay?

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 12th October, 2023 -

Report of the Auditor General for the National Government Funds for the Financial Year 2020/2021.

The Chairperson Mediation Committee, proceed to table the report.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 12th October, 2023-

Report of the Mediation Committee on the Public Finance Management (Amendment) Bill (National Assembly Bills No. 16 of 2023) .

Clerk, kindly proceed to call the next order.

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

THAT the Senate adopts the Report of the Mediation Committee on the Public Finance Management (Amendment) Bill (National Assembly Bills No. 16 of

Senate. 2023) laid on the table of the Senate on Thursday, 12th October, 2023, and pursuant to Article 113(2) of the Constitution and Standing Order 167(3) approve the agreed version of the Public Finance Management (Amendment) Bill (National Assembly Bills No. 16 of 2023).

Hon. Senators, pursuant to Standing Order 45 (2) allow me to rearrange the sequence of today’s Order Paper for the convenience of the House. We will move to prosecute Order No. 14. Thereafter, we shall proceed to the Committee of the Whole. If you look at today’s Order Paper, quite a number of Bills are stuck at the Committee of the Whole. Once we are done with Order No.14, we will proceed to the Committee of the Whole. Clerk, kindly proceed to call the order as amended.

Chairperson, proceed to Move the Motion.

Thank you, Mr. Speaker, Sir. I beg to move-

THAT the Senate adopts the Report of the Mediation Committee on the Public Finance Management (Amendment) Bill (National Assembly Bills No.16 of 2023) laid on the table of the Senate on Thursday, 12th October, 2023, and pursuant to Article 113 (2) of the Constitution and Standing Order 167 (3) approve the agreed version of the Public Finance Management (Amendment) Bill (National Assembly Bills No.16 of 2023) .

I must begin by congratulating our Budget and Finance Committee. If this Committee had not stood its ground and insisted on an obvious constitutional provision; the Senate must be part and parcel of the reporting mechanism on the debt situation in the country that is filed annually. The Bill proposed by the National Assembly would not have been considered.

Not that this provision matters, it is a constitutional provision that cannot be taken away by a statute. However, it is important for good order. On many occasions, the National Assembly has promised us that as we undergo the process of arguing before the Supreme Court there will be good order and they will respect constitutional provisions.

Mr. Speaker, Sir, I would like to appreciate the good work that was done by the Committee on Budget and Finance. The National Assembly had rejected our amendments. However, Members of the Senate in the Mediation Committee met with those in the National Assembly and were able to convince them. They saw sense in the proposal that is being made. It is on this premise that I want to urge the House to support the recommendations of the Committee, as contained in the report which is being presented before us.

Senate.

As the Senate proposed in the report, the Mediation Committee now recommends to this House that both Houses approve the new version, which will include an amendment to Clauses 2(e) and 2(f) in the proposed amendment Bill. Then Senate will become part and parcel of the reporting mechanism of the debt reports that come to the House. This is a straightforward issue.

Nonetheless, the trophy and the honour go to our Budget and Finance Committee. This is important because, on many occasions, some Committees and I do not have any in mind – to avoid Members reaching out to me later to ask the Committee I was referring to – are not as diligent as this.

If Members from the Budget and Finance Committee had not flagged this situation and held their ground the National Assembly would never have acceded to this. I am glad that you stood your ground this is why we are here today. We celebrate their good work.

With those few remarks, given it is a straightforward amendment and something we had discussed at length, I beg to Move and request Sen. (Dr.) Lelegwe Ltumbesi, who was a Member of the Committee, to second.

Thank you, Mr. Speaker, Sir. I rise to second the Motion as moved by the Senate Majority Leader. I would like to inform the House that we had an easy time in the Mediation Committee because all the clauses considered by the Committee were agreeable to the Members who went through the report. I thank the Members of the Mediation Committee and Members from the National Assembly who agreed on all the clauses. As a result, we have tabled the report for adoption by the Senate.

Thank you. I beg to second.

Sen. Ali Roba, there is a reason why we gave the Senators the Senators Lounge. It was so that they could consult. Once they are done, they come in here to transact business of the House and not to extend their consultation.

On a point of order, Mr. Speaker, Sir.

What is your point of order, Sen. Cherarkey?

Mr. Speaker, Sir, I rise pursuant to Standing Order No.111 on the limitation of debate to three minutes and three Members. This is so that we can expedite this matter. Since it is a straightforward matter, I call upon Sen. Mungatana to second.

Mr. Speaker, Sir, I second.

Senate.

On another matter, the systems are not operational, thus, you will guide us on how to seek your attention.

Well, the dashboard is pretty much on with only one Senator through. I have Sen. Olekina now.

Hon. Senators, kindly take your seats. As the system is being worked on, we can dispose of this Procedural Motion by the Senator for Nandi County.

Sen. Mandago and Sen. Korir, kindly. We can dispose of the Motion by the Senator for Nandi County as we wait for the system to be rebooted. I will proceed to put the question on the Motion as moved by the Senator for Nandi County.

The Motion as carried is that three minutes and three Senators speaking from each side. That is the Motion that you have just passed. On my dashboard, I have Sen. Maanzo.

You will use the traditional way of raising hands when I come to this side.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to support this important mediation. Mediation arises when the two Houses have differed on a matter. On this particular matter of the debt ceiling, the idea was that the matter also be reported to the Senate. This debt ceiling eventually affects part of the monies that are acquired through borrowing and end up in devolution. Our Members were perfectly in order to negotiate with the National Assembly so that the matter does not just lie and end at the National Assembly.

I was in the National Assembly for 10 years and these matters ended at the National Assembly yet they largely affected devolution. In defense of devolution, which is what we stand for as a House, it is only fair that all those matters are reported through the Senate. The Senate is very important when it comes to devolution.

Also, when it comes to the Division of Revenue Bill, the matter ends up here. Therefore, whatever is being debated in the Division of Revenue Bill, which begins at the National Assembly must end up here. They are the same.

For the protection of devolution, it is very important that the Senate gets involved, not only that, but any matter that touches on devolution such as agriculture, water and even delegated issues. This is so that we do not have a delegated issue ending at the National Assembly and it is a matter touching on devolution. If Senate is not involved, the whole idea of the Constitution of the devolved units would then be negated.

Senate.

I beg to support and thank the Members of the Mediation Committee of the Senate for being very good at this job and serving the interests of devolution.

Thank you.

Sen. Wamatinga, you may have the Floor.

Thank you very much, Mr. Speaker, Sir. I also rise to support the report of the Mediation Committee where I sat as a Member. It is very important for the House of Senate to ensure that every Bill that is enacted does not claw back on the benefits of devolution. As champions and people mandated by the electorate to protect devolution, it is important that we ensure that the roles and functions that have been devolved are protected.

Further, it is also our mandate and duty to ensure that we continue unbundling more of those functions and ensure that the funds also follow them. It has happened in the past. It will continue to happen that Bills will come before this House as they are coming. The most important thing is we should always ensure that the functions that are devolved, the funds that are supposed to be allocated to the county governments and the oversight role by the county government do not get too concentrated at the national Government.

Fellow Senators, it is high time that we look into the State Corporation Act, which gives the Principal Secretaries a lot of power and then being Members of oversight committees and reporting back to themselves. This has been one of the major impediments to the implementation of the functions, the roles and service delivery by the Government to the people.

Mr. Speaker, Sir, it will be prudent for us to look at that Act and ensure that when we make formations of regulatory bodies, they are not mandated to be controlled by Permanent Secretaries, but they are delineated from them, so that those functions can be as was foreseen by our Constitution 2010 and given to the county governments.

Equally important---

Order, hon. Senators! Sen. Veronica Maina, as a Member of the Speakers Panel, you know better.

Thank you, Mr. Speaker, Sir. All those functions that belong to the county government must be protected. All these regulatory bodies that the national Government purports to want to formulate to be oversighted or to be controlled by the Permanent Secretaries, we must refrain from and discourage that.

One of the ways will be to look at the State Corporations Act, which requires that Permanent Secretaries, in particular line Ministries, oversight those state bodies so that we do not claw back on the devolved units.

Mr. Speaker, Sir, I support.

Senate.

Sen. Olekina, you have the Floor.

Thank you, Mr. Speaker, Sir. I rise to support the Motion that the Senate adopt the Report on the Mediation Committee on the Public Finance Management Bill

Mr. Speaker, Sir, whenever there is dialogue, we make progress. I think it is about time that we all appreciate that when the framers of the Constitution were drafting the Constitution, what they had in mind was to have a Parliament made up of two Houses.

When it is an issue of debt---

Order! Sen. Nyamu, kindly have your seat. Going forward, Hon. Senators, I am not here to remind you of the behaviour that you are expected to uphold once you are in this Chamber.

I have warned Members before and I have read the Standing Orders before, but apparently it is becoming a habit. The next time I will call a Member to order is when I will be asking him to leave the Chamber.

Proceed, Sen. Olekina.

Mr. Speaker, Sir, let me thank you for your protection. If my thoughts would be kind to me, what I was prosecuting here is the importance of the National Assembly accepting the role of the Senate.

It is imperative that the definition of Parliament be entrenched in every member of this country because outside there when people talk about Parliament, they are referring to the National Assembly. However, Parliament is made up of the two Houses.

The issue of national debt is a matter that affects counties. It does not matter how you look at it. The issue of exceptional circumstances in an event like this COVID is a matter that affects every member of this country. So, I support this Motion because for once, as a Senator, I will stand here and can authoritatively say, that Kenya owes this country ‘x’ amount of money.

Article 211 of the Constitution is very clear. I thank the Mediation Committee, particularly the Committee on Finance and Budget, Governor- Senator- Party Leader- Pilot - Sen. Roba, has done a tremendous job. We have to give credit where it is due.

We have managed to break grounds where we have seen hurdles in the past. It is imperative that all Members must appreciate the role of the Senate. This is a first step for us to appreciate that Senators here represent 6, 7, 8 or 13 constituencies when it comes to Nairobi City County. Sen. Sifuna here must understand how much debt this country has. This amendment is extremely important.

Senate.

The other important amendment is the issue of exceptional circumstances. We do not need to burden Parliament. It is good that we can give leeway to the Cabinet Secretary to make certain decisions when we have a pandemic.

I support it.

Sen Tabitha Mutinda, you need to show by way of raising your hand because my dashboard is blank.

Thank you, Mr. Speaker, Sir. I rise to support because I was privileged to be the Co-Chair of the Mediation Committee. It was my first time. I am happy because we were able to deliberate and agree on these amendments that we focused on. I was so glad.

Mr. Speaker, Sir, I want to state two issues that made us go to mediation. First is the issue of the exceptional circumstances as it had been put. You know very well that you cannot foresee a adversity that comes in the future. It would have been difficult for the Cabinet Secretary for National Treasury to table to Parliament an increment of the debts because he would not have known when. You note that like the case example of COVID-19 pandemic, at that time we were asked to stay indoors. Maybe Parliament would not have existed and the Cabinet Secretary for the National Treasury needed to surpass the debt.

Mr. Speaker, Sir, it would have been difficult within that time to table to this House seeking approval. That is what we had vouched for as a House, but it would have been difficult considering various factors.

Another issue that would have also been a bit tricky is the market matrix in terms of the Kenyan shilling. It would have been difficult for the Cabinet Secretary to present to the Kenyans in terms of the dollar and the Kenyan shilling. It would have given worry to the market difficult because it would have been an exposure. That is how we were able to agree with National Assembly.

Article 211 of the Constitution stipulates very clearly that ours is a bicameral Parliament.

Mr. Speaker, Sir, if I could be heard in silence?

Thank you, Mr. Speaker, Sir. As I was saying, Article 211 of the Constitution stipulates very clearly that we are a bicameral Parliament. So, matters of debt are matters that still need to be tabled. The proposal was by 30th April of every month. However, it was a bit tricky to be able to give timelines. Especially if there is an exception circumstance that occurs maybe in May or June, then it becomes tricky for it to be tabled the next year, 30th April.

Senate.

So, we said that at the end of the day, because it is the obligation of each House to ask for the reports to be tabled in Parliament, then that would happen. We did not want to give the timelines of it.

Mr. Speaker, Sir, I rise to support and I am happy to table a report that we can agree with the National Assembly.

Sen. Mumma, please proceed.

Thank you, Mr. Speaker, Sir, for the opportunity to contribute to this very important issue. I begin by congratulating the Senate Standing Committee on Finance and Budget under the leadership of Sen. Roba, and all Members of the Mediation Committee.

This is so important because the biggest hindrance to devolution has been the unnecessary rivalry that has seen very good laws not get passed because of brinkmanship.

Mr. Speaker, Sir, I wish Sen. Chetumo would stop interfering. The Senate Majority Leader has raised something important that we need to be vigilant about as committees and as a House. He did not mention any committee, but I would want to bring it to our attention that any law that passes through the Senate and is struck down in the courts for being unconstitutional is an indictment to the Senate.

So, everything that comes to the Senate, all the laws, whether in which committee, we need to be careful enough to ensure that nothing can be struck down because it is unconstitutional.

We are not the only oversight people. We have civil society out there that can go to court and challenge any unconstitutional law. If that law passed through our hands, we stand indicted. So, I am glad that at least the Mediation Committee has managed to get the other side to see the sense.

I am glad the spirit of Constitution is now moving. We are at that level where we need to bridge the intergovernmental gaps to bring more cooperation and cohesion. We are at that stage where the two Houses need to focus on the Constitution and work together to deliver laws that are about the people of Kenya and not about either of the Houses.

Mr. Speaker, Sir, I support.

There being no other Senator wishing to speak on this Motion, I call upon the Mover to reply.

Mr. Speaker, Sir, I thank Members for taking their time to respond to the Motion and the very positive feedback that has been raised.

I believe that if we keep and maintain this spirit, we shall continue to safeguard devolution. We ensure that our Members in our committees are extremely diligent, especially when we accord our committees the time, chance and opportunity to look into matters as the Committee on Finance and Budget did.

Senate.

Congratulations to all Members of Committee on Finance and Budget and the Committee on Mediation for a job well done.

Hon. Senators, my determination on this matter is that it is a matter that affects counties. Therefore, voting shall be by delegation. At this juncture, I will ask the Serjeant-at-Arms to ring the division bell for five minutes.

Hon. Senators, kindly take your seats. Before I direct you on how we are going to vote, Serjeant-at-Arms, kindly close the doors and draw the bar.

Hon. Senators, we are going to vote electronically. So, kindly pull out your cards from the delegates units. Serjeant-at-Arms, proceed to pick the cards that are remaining in the delegates units. If you are ready, signal us so that we move to the next stage. You can now log in. I know there is a problem. We will proceed to vote electronically. We will call out the names of those who have a challenge to come and cast their votes at the Dispatch Box.

(Question put)

Hon. Senators, I will proceed to put the question. You may now proceed to vote.

The system refused to pick. Therefore, we shall resort to manual voting. In this case, I will call for us to nominate the tellers. One for ‘Noes’ and one for ‘Ayes’. Sen. Tabitha Mutinda for the ‘Ayes’ and Sen. Beth Syengo for the ‘Noes’.

In this case, voting shall be by roll call. The Clerk will call the names. Once the tellers are fully inducted, they can take their position so that we may proceed.

Proceed, Clerk.

Senate. the Constitution and Standing Order No. 167(3) approve the agreed version of the Public

Finance Management(Amendment) Bill (National Assembly Bills No. 16 of 2023), put and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Joe Nyutu, Murangá County; Sen. Kathuri, Meru County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. M. Kajwang’, Homa Bay County; Sen. Mandago, Uasin Gishu; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, Tana River County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Mwaruma, Taita Taveta County; Sen. Murgor, West Pokot County; Sen. (Dr.) Oburu, Siaya County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi County; Sen. (Prof.) Tom Ojienda, SC, Kisumu County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wamatinga, Nyeri County.

Teller of the Ayes: Sen. Tabitha Mutinda

Hon. Senators, kindly take your seats so that I announce the results.

Senator for Nandi, take your seat. The results of the Division are now in and they are as follows:

Searjeant-at-Arms, you may open the doors and withdraw the Bars.

Senate.

Clerk, next Order.

Mr. Temporary Chairperson, Sir, I beg to move: THAT clause 6 of the Bill be amended -

Senate.

Part (b) of it is also doing the same by allowing the Cabinet Secretary to consult the county government in this process.

Mr. Temporary Chairperson, this is very important because if we do not do this, then we will have a situation where the national Government is going to have direct control over our registries in counties and that will claw back the gains of devolution. So, this is just a minor amendment to factor in the involvement of county governments in establishing registries in counties.

Sen. Sifuna will second. The Temporary Chairperson (Sen. Wakili Sigei): There is no need for secondment on that.

Hon. Members I request that since we are not going to be debating, let us be very brief when we are moving the proposed amendments.

(Question of the amendment proposed) Division will be at the end. Clause 7

The Temporary Chairperson (Sen. Wakili Sigei): Sen. Osotsi, please proceed to move your proposed amendment.

Mr. Temporary Chairperson, Sir, I beg to move: THAT Clause 7 of the Bill be amended in subclause (2) by deleting the words “the National Assembly” appearing immediately after the words “approval of the” in the proviso to paragraph (a) and substituting therefor the word “Parliament”.

That will now involve the Senate as well.

The Temporary Chairperson

: Division will be at the end. Clause 8

There is no need for secondment on that.Hon. Members I request that since we are not going to be debating, let us be very brief when we are moving the proposed amendments.(Question of the amendment proposed) Division will be at the end. Clause 7The Temporary Chairperson (

Sen. Osotsi, please proceed to move your proposed amendment.

Mr. Temporary Chairperson, Sir, I beg to move: THAT Clause 7 of the Bill be amended in subclause (2) by deleting the words “the National Assembly” appearing immediately after the words “approval of the” in the proviso to paragraph (a) and substituting therefor the word “Parliament”. That will now involve the Senate as well. (Question of the amendment proposed) The Temporary Chairperson (

Senate.

Division will be at the end. Clause 8

Mr. Temporary Chairperson, Sir, I beg to move: THAT Clause 8 of the Bill be amended -

Mr. Temporary Chairperson, Sir, I confirm that I do not have any amendment on Clause 15.

The Temporary Chairperson

: You do not have any amendment on Clause 15?

No, Mr. Temporary Chairperson, Sir.

Division will be at the end. Clause 9

Senate.

Mr. Temporary Chairperson, Sir, I beg to move: THAT, Clause 10 of the Bill be amended by deleting subclause (2) . Mr. Temporary Chairperson, Sir, the import of this amendment is that Clause 10 (2) proposes that after the Board has set up Committees, there will be other people who are not employees, Board members who will be co-opted into the Committees. I think this is wrong governance-wise. As such, I am proposing to delete that clause. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clauses 11 and 12 (Question that Clauses 11 and 12 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 subclause (1) by deleting the words “Cabinet Secretary” appearing immediately after the word “The” and substituting therefor the word “Agency”.

The import of this amendment is that somewhere in this Bill, it clearly says the custodian of data will be the agency. However, in this case in Clause 23, it says -

“The Cabinet Secretary shall ensure the health data is used for public good.” I think that obligation should fall on the person who is the custodian of data and in this case is the Agency. So, it is simply removing “Cabinet Secretary” to replace with the “Agency” because they handle the day to day management of the data.

The Temporary Chairperson

: Division will be at the end. Clause 24

Mr. Temporary Chairperson, I beg to move: THAT clause 24 of the Bill be amended -

There is a proposed amendment by Sen. Osotsi. Proceed to move your amendment.

Senate. perform that. That should be the work of the Agency, which is mandated to be the custodian of data.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Clause 25

Mr. Temporary Chairperson, I beg to move: THAT Clause 26 of the Bill be amended in subclause (1) by inserting the words “in collaboration with county governments” immediately after the words “Cabinet Secretary shall” appearing in the introductory clause.

This is similar to the previous amendments which require that the Cabinet Secretary in performing some county-related task consults the county governments. In this case, the Cabinet Secretary will be designating county health data banks.

It would be illegal for him to do that without consulting the county governments. I am simply saying he will do so in consultation and collaboration with the county governments.

The Temporary Chairperson

: Division will be at the end. Clauses 27,28,29,30,31,32 and 33

The Temporary Chairperson

: Division will be at the end. Clause 34

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

Division will be at the end. Sen. Osotsi, kindly confirm that the amendment you want to move is for Clause 16, yet we were on Clause 15. Just confirm that.

Mr. Temporary Chairperson, Sir, I confirm that I do not have any amendment on Clause 15. The Temporary Chairperson (

You do not have any amendment on Clause 15?

No, Mr. Temporary Chairperson, Sir.

Mr. Temporary Chairperson, Sir, I beg to move: THAT Clause 52 of the Bill be amended in subclause (2) by deleting the words “the National Assembly” appearing immediately after the words “for tabling in” and substituting therefor the word “Parliament”.

Senate.

The import of the amendment is that Clause 52(2) is talking about the annual reports that shall be tabled in the National Assembly which include the Auditor General’s report, financial statements of the Agency, activities or programmes of the Agency, together with any other information related to the Agency.

Considering that the agency shall be dealing with health data, it is important for the Senate to participate in this. I am simply removing “National Assembly” and replacing it with “Parliament” so that the Senate can be involved.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Clause 53, 54, 55, 56, 57, 58, 59, 60, 61 and 62

(Question that Clause 53, 54, 55, 56, 57, 58, 59, 60, 61 and 62 be part of the Bill, proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. The Schedule

Mr. Temporary Chairperson, Sir, after consulting the Clerks-at-the Table, I have realised that there is a typo on the Order Paper, which left out Clause 15 which I had an amendment on.

The Temporary Chairperson

: Very well proceed. Clause 15

Mr. Temporary Chairperson, I beg to move: THAT clause 21 of the Bill be amended -

Mr. Temporary Chairperson, Sir, I propose- THAT Clause 15 of the Bill be amended in subclause (2) by inserting the words “and the Council of County Governors” immediately after the words “the Cabinet Secretary”

The import of the amendment just like the previous ones is to ensure that the involvement of the Council of Governors

(COG)

in some of these processes, unlike the current clause which talks about the Cabinet Secretary alone.

The Temporary Chairperson

: Division will be at the end.

The Temporary Chairperson

: Hon. Members we are now moving to Division on this particular Bill. Once we are done with it, we shall come back to the other Bills. I direct that the Division Bell be rung for five minutes.

The Temporary Chairperson

: Serjeant-at-Arms, ring the bell for an additional three minutes.

The Temporary Chairperson

: Serjeant-at-Arms, ring the bell for an extra minute to allow those at the bar to enter the Chamber.

The Temporary Chairperson

: Hon. Senators, let us resume our seats. Sen. Wafula and Sen. (Dr.) Murango, kindly take your seats as the Serjeant-at- Arms rings the bell for an extra two minutes.

The Temporary Chairperson

: Members, you may now resume your seats. Sen. Dullo and Sen. (Prof.) Kamar, kindly, settle down. Members, let us settle down.

Serjeant-at-Arms, close that door and draw the Bar.

Senate.

Mr. Temporary Chairperson, I beg to move THAT clause 23 of the Bill be amended in subclause (1) by deleting the words “Cabinet Secretary” appearing immediately after the word “The” and substituting therefor the word “Agency”. The import of this amendment is that somewhere in this Bill, it clearly says the custodian of data will be the agency. However, in this case in Clause 23, it says - “The Cabinet Secretary shall ensure the health data is used for public good.” I think that obligation should fall on the person who is the custodian of data and in this case is the Agency. So, it is simply removing “Cabinet Secretary” to replace with the “Agency” because they handle the day to day management of the data. (Question of the amendment proposed) The Temporary Chairperson (

Teller of the Ayes:

Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang’, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka-Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. Kathuri, Meru County; Sen. Kinyua, Laikipia County; Sen. Kisang’, Eleyo-Marakwet County; Sen. (Dr.) Khalwale, Kakamega County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murang’o, Kirinyaga County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wamatinga, Nyeri County.

Senate. perform that. That should be the work of the Agency, which is mandated to be the custodian of data.(Question of the amendment proposed) The Temporary Chairperson (

Teller of the Ayes:

Sen. Faki, Mombasa County; Sen. Kavindu Muthama, Machakos County; Sen. M. Kajwang’, Homa Bay County; Sen. Osotsi, Vihiga County; and, Sen. Sifuna, Nairobi City County.

Teller of the Noes:

Hon. Senators, we now have the results of the Division:

Division will be at the end. Clause 34

Mr. Temporary Chairperson, Sir, I beg to move: THAT clause 34 of the Bill be amended by inserting the words “in consultation with the Council of County Governors” immediately after the words “Cabinet Secretary shall”.

Senate.The import of this amendment as per the previous ones is to allow the involvement of CoG in formulation of regulations, because the Clause 34 as it is, it will give the Cabinet Secretary total powers to develop regulations without consultation.I think it is necessary for him to consult the CoG given that health is a devolved function.(Question of the amendment proposed) The Temporary Chairperson (

Senate.

The Temporary Chairperson (Sen. Wakili Sigei): Sen. Sifuna has an amendment. Proceed to move.

Division will be at the end. Clauses 35, 36, 37, 38, 39 and 40(Question, that Clauses 35, 36, 37, 38, 39 and 40 be part of the Bill, proposed) The Temporary Chairperson (

It is only about three per cent of Kenyans who earn more than Kshs50,000 a month. Given the rating of taxes that have been introduced especially this financial year, it is my feeling that Kenyans cannot take any more taxation. I feel that a cap is necessary, so that the Cabinet Secretary responsible knows that they cannot exceed a maximum of Kshs2000.

The Temporary Chairperson

: Division will be at the end. Clauses 28, 29 and 30

The Temporary Chairperson

: Division will be at the end. Clauses 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40

Mr. Temporary Chairperson, I beg to move: THAT clause 41 of the Bill be amended -

Thank you, Mr. Temporary Chairman, Sir. I pray to be heard in silence.

The Temporary Chairperson

: Hon. Senators, kindly, maintain silence and let Sen. Sifuna be heard. Proceed, Senator.

Mr. Temporary Chairman, Sir, I propose: THAT the First Schedule to the Bill be amended in paragraph 6 by –

Division will be at the end. Clause 46

Senate. reapply for their positions; having been employed properly, their qualifications and experience ascertained. So, there is really no need to subject the current employees of NHIF to a process of reapplication.

As I said, again, yesterday, in this current environment of shareholding, there are people who are afraid they might lose their positions they are perceived not to be shareholders in the current regime. I thank you, Mr. Temporary Chairman, Sir.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division at the end. The Second Schedule

(Question that the Second Schedule be part of the Bill, proposed) Division at the end. Clause 2, the Title and Clause 1

(Question that Clause 2, the Title and Clause 1 be part of the Bill, proposed) Division at the end. The Temporary Chairperson (Sen. Wakili Sigei): Hon. Senators, we are now proceeding to the Division. I ask the Serjeant-at-Arms to ring the Division Bell for five minutes.

Mr. Temporary Chairperson, Sir, I beg to move: THAT Clause 52 of the Bill be amended in subclause (2) by deleting the words “the National Assembly” appearing immediately after the words “for tabling in” and substituting therefor the word “Parliament”.

Senate.The import of the amendment is that Clause 52(2) is talking about the annual reports that shall be tabled in the National Assembly which include the Auditor General’s report, financial statements of the Agency, activities or programmes of the Agency, together with any other information related to the Agency.Considering that the agency shall be dealing with health data, it is important for the Senate to participate in this. I am simply removing “National Assembly” and replacing it with “Parliament” so that the Senate can be involved.(Question of the amendment proposed) The Temporary Chairperson (

AYES:7 NOES: 30 ABSTENTIONS: Nil.

Division will be at the end. Clause 53, 54, 55, 56, 57, 58, 59, 60, 61 and 62(Question that Clause 53, 54, 55, 56, 57, 58, 59, 60, 61 and 62 be part of the Bill, proposed) The Temporary Chairperson (

Senate. ,45,46,47,49,50,51,53,54,55, First Schedule, Second Schedule, Clause 2, Clause 3 and

Clause 1 be part of the Bill proposed and Members proceeded to vote by County Delegations.) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen.Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murangá County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, Tana River County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Murgor, West Pokot County; Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wamatinga, Nyeri County

NOES: Sen. Faki, Mombasa County; Sen. Mwaruma, Taita Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County, Sen. Olekina, Narok County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi County.

Hon. Senators, can you resume your seats? These are the results of the division -

AYES:30 NOES: 7 ABSTENTIONS: Nil.

Mr. Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the Social Health Insurance Bill (National Assembly Bills No.58 of 2023) and its approval thereof without amendments.

The Temporary Chairperson

: Hon. Senators, we now move to the next Division. That is Order No.19 on the County Governments Additional Allocations Bill

(National Assembly Bills No.23 of 2023)

.

Senate.

Mr. Temporary Chairperson, I beg to move - THAT Clause 4 of the Bill be amended -

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

Senate.

F of the First Schedule.

in paragraph (a) and substituting therefor the words “an IDA”;

(ii) by deleting the word “a” appearing immediately after the words “financed by” in paragraph (c) and substituting therefor the words “an IDA”;

(iii) by deleting the word “a” appearing immediately after the words “allocations from” in paragraph (d)and substituting therefor the words “an IDA”;

(iv) by inserting the words “IDA” immediately after the words “credit from the” appearing in paragraph (f);

appearing in paragraph (i); and

(vi) by inserting the words “IDA” immediately after the words “credit from the” appearing in paragraph (j); and

(vii) by inserting the following new paragraph immediately after paragraph (m)-

Bank (KfW) to finance Locally-Led Climate Action Program (FLLoCA) – (County Climate Resilience Grant) as set out in Column P of the Third Schedule.

33 respective counties to meet the payroll cost for staff of libraries as well as operations and maintenance.

This is in light of the fact that library services were devolved under Part 2 of the Fourth Schedule of the Constitution. It has now been fully transferred to county governments. However, the attendant resources have not been provided.

and correct reference to either World Bank as one of the development partners from whom certain conditional allocations are being made available to counties.

allocation of Kshs1.2 billion, financed from grants from the German Development Bank to finance locally-led climate action.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Clauses 6 and 7

Senate.

Mr. Temporary Chairperson, I beg to move: THAT Clause 8 of the Bill be amended in paragraph (b) by deleting the words “Section 4 (1) and (2) ” appearing immediately after the words “allocations made under” and substituting therefor the words “Section 5 (4) , (5) , (6) and (7) ”.

This amendment is proposed to ensure County Treasury, shall as part of its consolidated quarterly and annual report include all actual expenditures by the county government of the allocations made under Clause 5.

The Temporary Chairperson

: Division will be at the end. The First Schedule

The Temporary Chairperson

: The Chairperson of Finance and Budget Committee, Sen. Ali Roba, proceed to move your proposed amendment.

Serjeant-at-Arms, ring the bell for an additional three minutes. (The Division Bell was rung) (Several Senators stood at the bar) The Temporary Chairperson (

Serjeant-at-Arms, ring the bell for an extra minute to allow those at the bar to enter the Chamber. (Several Senators walked into the Chamber) (The Division Bell was rung) (Several Senators stood in their places and consulted loudly) The Temporary Chairperson (

Hon. Senators, let us resume our seats. Sen. Wafula and Sen. (Dr.) Murango, kindly take your seats as the Serjeant-at- Arms rings the bell for an extra two minutes. The Temporary Chairperson (

Senate.

This is to incorporate the Kshs425 million transferred to library services for functions in the respective counties.

20,155,949 287,286,260 Mandera

110,638,298 - 124,723,404 - 13,777,962 2,737,805 141,239,171 Marsabit

110,638,298 - 124,723,404 - 2,389,320 5,373,662 132,486,386

TOTAL

5,363,000,006 454,000,000 5,862,000,002 4,500,000,000 5,000,000,003 424,616,04 16,240,616,050

Senate.

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

Senate.

Teller of the Ayes:

Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang’, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka-Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. Kathuri, Meru County; Sen. Kinyua, Laikipia County; Sen. Kisang’, Eleyo-Marakwet County; Sen. (Dr.) Khalwale, Kakamega County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murang’o, Kirinyaga County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wamatinga, Nyeri County.

Senate.

Teller of the Ayes:

Sen. Faki, Mombasa County; Sen. Kavindu Muthama, Machakos County; Sen. M. Kajwang’, Homa Bay County; Sen. Osotsi, Vihiga County; and, Sen. Sifuna, Nairobi City County.

Teller of the Noes:

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Mr. Chairman, Sir, I beg to move that the Committee do report to the Senate, its consideration of the Digital Health Bill (National Assembly Bills No.57 of 2023) and its approval thereof without amendments. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Hon. Members, we are going to the next Bill. I direct the Serjeant-at-Arms to open the door and draw the bar. (The Bar was undrawn and doors opened)

Senate.The Temporary Chairperson (

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Thank you, Mr. Chairman, Sir. I beg to move: THAT Clause 27 of the Bill be amended by inserting the following new subclause immediately after subclause (2) -

(2A) The rate prescribed under subclause (2) (a) shall -

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Division will be at the end. Clauses 28, 29 and 30 (Question, that Clauses 28, 29 and 30 be part of the Bill, proposed) The Temporary Chairperson (

Division will be at the end. Clauses 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40 (Question, that Clauses 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40 be part of the Bill, proposed)

Senate.The Temporary Chairperson (

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Division will be at the end. Clauses 51, 52, 53, 54 and 55(Question that Clauses 51, 52, 53, 54 and 55 be part of the Bill, proposed) Division will be at the end. The First Schedule

Thank you, Mr. Temporary Chairman, Sir. I pray to be heard in silence. (Loud consultations) The Temporary Chairperson (

Mr. Temporary Chairperson, I beg to move: THAT the Bill be amended by deleting Clause 1 and substituting therefore the following new clause -

Short title and commencement.

Mr. Temporary Chairman, Sir, I propose: THAT the First Schedule to the Bill be amended in paragraph 6 by –

Thank you, Mr. Temporary Chairperson, Sir. Pursuant to Standing Order No. 153, I beg to move that Committee of the Whole do report its progress on consideration of the County Governments Additional Allocations Bill (National Assembly Bills No. 23 of 2023) and seek leave to sit again today by leave of the Senate.

Chairperson of the Committee of the Whole, proceed.

Thank you, Mr. Deputy Speaker, Sir. I beg to report that the Committee of the Whole has considered the County Government Additional Allocation Bill---

Hon. Senators, we are now proceeding to the Division. I ask the Serjeant-at-Arms to ring the Division Bell for five minutes.

Senate.

Mover, proceed.

AYES:7 NOES: 30 ABSTENTIONS: Nil.

Senate. ,45,46,47,49,50,51,53,54,55, First Schedule, Second Schedule, Clause 2, Clause 3 and

Clause 1 be part of the Bill proposed and Members proceeded to vote by County Delegations.) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen.Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murangá County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, Tana River County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Murgor, West Pokot County; Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wamatinga, Nyeri County

NOES: Sen. Faki, Mombasa County; Sen. Mwaruma, Taita Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County, Sen. Olekina, Narok County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi County.

Hon. Senators, can you resume your seats? These are the results of the division -

AYES:30 NOES: 7 ABSTENTIONS: Nil.

Senate Majority Leader, what is your point of order?

Mr. Deputy Speaker, Sir, I beg to move -

THAT pursuant to Standing Order No. 34 (4) (a) the Senate extends its sitting to conclude the business listed at today’s Order Paper; Order No. 16, 17, 18 and 19.

I request Sen. Miraj to second.

Senate.

Mr. Temporary Chairperson, I beg to move - THAT Clause 4 of the Bill be amended -

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

Senate.F of the First Schedule.in paragraph (a) and substituting therefor the words “an IDA”;(ii) by deleting the word “a” appearing immediately after the words “financed by” in paragraph (c) and substituting therefor the words “an IDA”;(iii) by deleting the word “a” appearing immediately after the words “allocations from” in paragraph (d)and substituting therefor the words “an IDA”;(iv) by inserting the words “IDA” immediately after the words “credit from the” appearing in paragraph (f);appearing in paragraph (i); and(vi) by inserting the words “IDA” immediately after the words “credit from the” appearing in paragraph (j); and(vii) by inserting the following new paragraph immediately after paragraph (m)-Bank (KfW) to finance Locally-Led Climate Action Program (FLLoCA) – (County Climate Resilience Grant) as set out in Column P of the Third Schedule.33 respective counties to meet the payroll cost for staff of libraries as well as operations and maintenance.This is in light of the fact that library services were devolved under Part 2 of the Fourth Schedule of the Constitution. It has now been fully transferred to county governments. However, the attendant resources have not been provided.and correct reference to either World Bank as one of the development partners from whom certain conditional allocations are being made available to counties.allocation of Kshs1.2 billion, financed from grants from the German Development Bank to finance locally-led climate action.(Question of the amendment proposed) The Temporary Chairperson (

Senate. Uasin Gishu; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, Tana River County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Mwaruma, Taita Taveta County; Sen. Murgor, West Pokot County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wamatinga, Nyeri County.

Senate.

Mr. Temporary Chairperson, I beg to move: THAT Clause 8 of the Bill be amended in paragraph (b) by deleting the words “Section 4 (1) and (2) ” appearing immediately after the words “allocations made under” and substituting therefor the words “Section 5 (4) , (5) , (6) and (7) ”. This amendment is proposed to ensure County Treasury, shall as part of its consolidated quarterly and annual report include all actual expenditures by the county government of the allocations made under Clause 5. (Question of the amendment proposed) The Temporary Chairperson (

Teller of the Noes:

Hon. Senators, can you all be seated? These are the results of the Division-

AYES: 35 NOES: Nil ABSTENTIONS: Nil.

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate, its consideration of the County Governments Additional Allocations Bill (National Assembly Bills No.23 of 2023) and its approval thereof, with amendments.

Senate. Conditional allocations to County Governments from National Government Revenue in Financial Year

Madam Temporary Chairperson, I beg to move: THAT clause 6 of the Bill be amended-

Senate. Clause 7

Madam Temporary Chairperson, I beg to move: THAT the Bill be amended by deleting clause 8. This Clause should be deleted since this provision is already provided under Clause 6

(3)

.

Clause 9

Division at the end. Clause 10

The Temporary Chairperson (Sen. Mumma) : Amendment to be moved by the Chairperson.

Division will be at the end. The Second Schedule

Mr. Temporary Chairperson, I beg to move: THAT the Bill be amended by deleting the third schedule and substituting therefore the following new schedule-

Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings)

S/ N 2022/ FY

Senate.

THAT, Clause 11 of the Bill be amended by deleting the expression “CS” appearing immediately after the word “The” and substituting thereof the words “Cabinet Secretary”.

This amendment is to replace the inscription “CS” to read Cabinet Secretary. (Question of the amendment proposed) The Temporary Chairperson (Sen. Mumma): Division will be at the end. Clause 12

The Temporary Chairperson (Sen. Mumma): Amendment to be moved. Chairperson, proceed.

Madam Temporary Chairperson, I beg to move: THAT Clause 13 of the Bill be amended by inserting the following new subclause immediately after subclause (3) –

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Madam Temporary Chairperson, I beg to move: THAT, Clause 19 of the Bill be amended -

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Senate.

the Board.

This is to provide the board to conduct its affairs in accordance with Schedule, which shall be provided under this law.

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Senate.

I direct that the Division Bell be rung for five minutes.

Senate. Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, MGH, Tana River County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Mwaruma, Taita-Taveta County; Sen. Murgor, West Pokot County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wamatinga, Nyeri County.

Senate. Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures

in Kenya Shillings) S/ N 2022/ FY

Senate. The Fourth Schedule

NOES: Nil. ABSTENTIONS: Nil.

Senate.

Division will be at the end. Clause 1 The Temporary Chairperson (

Sen. Ali Roba, the Chairperson Standing Committee on Finance and Budget, proceed to move your proposed amendment to Clause 1.

Mr. Temporary Chairperson, I beg to move: THAT the Bill be amended by deleting Clause 1 and substituting therefore the following new clause -

Short title and commencement.

Senate.The Temporary Chairperson (

Senate.

Thank you, Mr. Temporary Chairperson, Sir. Pursuant to Standing Order No. 153, I beg to move that Committee of the Whole do report its progress on consideration of the County Governments Additional Allocations Bill (National Assembly Bills No. 23 of 2023) and seek leave to sit again today by leave of the Senate.

AYES: 35 NOES: Nil. ABSTENTION: Nil.

Thank you, Mr. Deputy Speaker, Sir. I beg to report that the Committee of the Whole has considered the County Government Additional Allocation Bill---

Mr. Deputy Speaker, Sir. I beg to report that the Committee of the Whole has considered the County Governments Additional Allocations Bill (National Assembly Bills No.23 Of 2023) and seeks leave to sit again today.

Senate.

Senate.

Thank you, Madam Temporary Chairperson. I beg to move that the Committee do report to the Senate its consideration of the Learners with Disabilities Bill (Senate Bills No.4 of 2023) and its approval thereof with amendments.

Who is seconding?

Mr. Deputy Speaker, Sir, I invite Sen. Nyamu to second.

Mr. Deputy, Speaker, Sir, I second.

Senate Majority Leader, what is your point of order?

Who is seconding?

I request Sen. Oketch Gicheru to second.

(Question proposed)

I second.

Senate.

Senate. Uasin Gishu; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, Tana River County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Mwaruma, Taita Taveta County; Sen. Murgor, West Pokot County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wamatinga, Nyeri County.

Mr. Deputy Speaker, Sir, I can correct even using this. Allow me to take that again.

Mr. Deputy Speaker, Sir, I beg to move that the Digital Health Bill, (National Assembly Bill No. 57 of 2023) , be now read a Third time.

I request Sen. Methu to second.

Teller of the Noes:

Division will be at the end. We will combine Division for the five Bills together.

AYES: 35 NOES: Nil ABSTENTIONS: Nil.

We are now on the second Bill, the Social Health Insurance Bill (National Assembly Bills No.53 of 2023) .

Chairperson.

Mover.

Thank you, Mr. Deputy Speaker, Sir. I beg to move that the House do agree with the Committee on the said Report.

Who is seconding?

Amendment to be moved. Chairperson.

Madam Temporary Chairperson, I beg to move: THAT clause 6 of the Bill be amended-

Senate. Clause 7

Madam Temporary Chairperson, I beg to move: THAT the Bill be amended by deleting clause 8. This Clause should be deleted since this provision is already provided under Clause 6 (3) . (Question of the amendment proposed) Clause 9 (Question, that Clause 9 be part of the Bill, proposed) Division at the end. Clause 10 The Temporary Chairperson (

Mr. Deputy Speaker, Sir, I beg to move that the Social Health Insurance Bill (National Assembly Bill No. 58 of 2023) , be now read a Third time.

I request Sen. Seki to second.

I second.

Division will be at the end.

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

Now we are on the County Governments Additional Allocations Bill (National Assembly Bill No. 23 of 2023) .

Amendment to be moved. Chairperson, proceed.

Madam Temporary Chairperson, I beg to move:

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

I request Sen. Mungatana to second.

Mr. Deputy Speaker, Sir, I second.

Division will be at the end. Clause 12The Temporary Chairperson (

Mr. Deputy Speaker, Sir, I beg to move that the County Governments Additional Allocations Bill (National Assembly Bill No. 23 of 2023) , be now read a Third time. I call upon Sen. Abass to second.

Mr. Deputy Speaker, Sir, I second.

Division will be at the end.

Senate.

We are now on the Equalization Fund (Administration) Bill (Senate Bills No.14 of 2023) .

Chairperson.

I beg to report that the Committee of the Whole has considered the Equalization Fund Administration Bill (Senate Bills No. 14 of 2023) and its approval thereof with amendments.

Mover of the Bill, Sen. Ali Roba, proceed.

Senate.The Temporary Chairperson (

Mover, kindly proceed.

Mr. Deputy Speaker, Sir, I beg to move that the Equalization Fund (Administration) Bill (Senate Bill No.14 of 2023) be now read a Third time.

I request Commissioner Sen. Kinyua to second.

Senate.

Madam Temporary Chairperson, I beg to move: THAT, Clause 21 of the Bill be amended in the introductory clause by deleting the words “The County Commissioner of an eligible county shall” appearing immediately before the words “establish a Project Identification” and substituting therefor the words “The Board shall, in every eligible county” This is to ensure that it is the board that establishes the Project Identification and Implementation Committee and not the County Commissioner. (Question of the amendment proposed) The Temporary Chairperson (

Thank you, Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Learners with Disabilities Bill (Senate Bills No. 4 of 2023) and its approval thereof, without amendments.

Division will be at the end. Clause 22, 23 and 24 (Question, that Clauses 22,23 and 24 be part of the Bill, proposed) The Temporary Chairperson (

Mr. Deputy Speaker, Sir, I beg to moeve that the House do agree with the Committee on the said report.

Who is seconding?

I request, kindly, that Sen. Oketch Gicheru seconds.

Division will be at the end. Clauses 26,27,28,29,30,31,32,33,34,35,36,37 and 38 (Question, that Clauses 26,27,28,29,30,31,32,33,34,35,36,37 and 38 be part of the Bill, proposed) The Temporary Chairperson (

Senate.

Division will be at the end. New Clause 13 A

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after clause 13 -

Conduct of affairs of 13A. (1) The Board shall conduct its affairs in accordance with the Schedule.

Mover, kindly proceed.

Thank you, Mr. Deputy Speaker, Sir, I beg to move that the Learners with Disabilities Bill (Senate Bills No. 4 of 2023) (Senate Bill No. 14 of 2023) be now read a Third time.

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

An Hon. Senator: Ulijueko!

Senate.

I direct that the Division Bell be rung for five minutes.

Senate. Government Additional Allocations Bill (National Assembly Bills No.23 of 2023), The Equalization Fund (Administration) Bill (Senate Bills No.14 of 2023), and The Learners with Disabilities Bill (Senate Bills No.4 of 2023), be now read a Third time put and the

Senators proceeded to vote by County Delegations)

Senate. Migori County; Sen. Olekina, Narok County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wakili Sigei, Bomet County; Sen. Wakoli, Bungoma County; and, Sen. Wamatinga, Nyeri County.

NOES: Nil. ABSTENTIONS: Nil.

Senate.

Senate.

AYES: 34 NOES: Nil. ABSENTIONS: 1

Order, Members. (Question proposed) (Question put and agreed to)

Senate.

AYES: 35 NOES: Nil. ABSTENTION: Nil.

Senate.

(Clauses 3, 4, 5, 6, 7, 8, 9, 12, 15, 24, 25, 26, 28, 29, 30, 35, 39, 41, 42, 45 and Clause 2 (as amended) agreed to)

Senate.

Thank you, Madam Temporary Chairperson. I beg to move that the Committee do report to the Senate its consideration of the Learners with Disabilities Bill (Senate Bills No.4 of 2023) and its approval thereof with amendments.

Hon. Senators, having moved a Motion to extend time to conclude business listed at Orders Nos.15, 16, 17, 18 and 19 earlier and having done so, the Senate now stands adjourned until Tuesday, 17th October, 2023 at

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Digital Health Bill (National Assembly Bills No.57 of 2023) and its approval thereof without amendments.

Who is the Mover of this Bill? Proceed, the Senate Majority Leader.

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

Who is seconding?

I request Sen. Oketch Gicheru to second.

(Question proposed)

I second.

Mover? Proceed, Senate Majority Leader.

I beg to move that the County Government Additional Allocations Bill (National Assembly Bills No.23 of 2023) be now a read a Third Time.

I request Sen. Methu to second.

Sen. Methu?

Senate.

Mr. Deputy Speaker, Sir, I second.

So, Senators, I will not put the question now. I will put all the questions together.

Mover for the Digital Health Bill (National Assembly Bill No. 57 of 2023) .

We are reporting on all these Bills as we dispose them in order, but now I understand what he did. Correct that Majority Leader.

Mr. Deputy Speaker, Sir, I can correct even using this. Allow me to take that again.

Mr. Deputy Speaker, Sir, I beg to move that the Digital Health Bill, (National Assembly Bill No. 57 of 2023) , be now read a Third time.

I request Sen. Methu to second.

Mr. Deputy Speaker, Sir, I second.

Division will be at the end. We will combine Division for the five Bills together.

We are now on the second Bill, the Social Health Insurance Bill (National Assembly Bills No.53 of 2023) .

Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Social Health Insurance Bill (National Assembly Bill No.58 of 2023) and it is approved all thereof without amendments.

Mover.

Thank you, Mr. Deputy Speaker, Sir. I beg to move that the House do agree with the Committee on the said Report.

Who is seconding?

I call upon, Sen. (Dr.) Murango.

I second.

Senate.

Mover.

Mr. Deputy Speaker, Sir, I beg to move that the Social Health Insurance Bill (National Assembly Bill No. 58 of 2023) , be now read a Third time.

I request Sen. Seki to second.

I second.

Division will be at the end.

Now we are on the County Governments Additional Allocations Bill (National Assembly Bill No. 23 of 2023) .

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Governments Additional Allocations Bill (National Assembly Bills No. 23 of 2023) , and it is approval thereof with amendments.

Mover.

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

I request Sen. Mungatana to second.

Mr. Deputy Speaker, Sir, I second.

Mover, again.

Mr. Deputy Speaker, Sir, I beg to move that the County Governments Additional Allocations Bill (National Assembly Bill No. 23 of 2023) , be now read a Third time. I call upon Sen. Abass to second.

Mr. Deputy Speaker, Sir, I second.

Division will be at the end.

Senate.

We are now on the Equalization Fund (Administration) Bill (Senate Bills No.14 of 2023) .

Chairperson.

I beg to report that the Committee of the Whole has considered the Equalization Fund Administration Bill (Senate Bills No. 14 of 2023) and its approval thereof with amendments.

Mover of the Bill, Sen. Ali Roba, proceed.

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

I request His Excellency, Sen. Mandago, to second.

Mr. Deputy Speaker, Sir, future Governors should listen because this is adding funds to counties.

I second.

Mover, kindly proceed.

Mr. Deputy Speaker, Sir, I beg to move that the Equalization Fund (Administration) Bill (Senate Bill No.14 of 2023) be now read a Third time.

I request Commissioner Sen. Kinyua to second.

Mr. Deputy Speaker, I second.

Division will be at the end.

Thank you, Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Learners with Disabilities Bill (Senate Bills No. 4 of 2023) and its approval thereof, without amendments.

Mover of the Bill, proceed

Mr. Deputy Speaker, Sir, I beg to moeve that the House do agree with the Committee on the said report.

Who is seconding?

I request, kindly, that Sen. Oketch Gicheru seconds.

Senate.

Mr. Deputy Speaker, Sir, I second.

Sen. Nyamu and Sen. Mandago, the Speaker is on his feet. You know what you should do when he is in that position.

Mover, kindly proceed.

Thank you, Mr. Deputy Speaker, Sir, I beg to move that the Learners with Disabilities Bill (Senate Bills No. 4 of 2023) (Senate Bill No. 14 of 2023) be now read a Third time.

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

Mr. Deputy Speaker, I knew it. I second.

An Hon. Senator: Ulijueko!

Ring the Division Bell for 30 seconds.

This is a House of Procedure. We must follow all the procedures, even though we have been here for quite some time.

Ring the Division Bell for one minute.

Serjeant-at-Arms, close the door and draw the Bar.

(Questions, that The Digital Health Bill (National Assembly Bill No.57 of 2023) , The Social Health Insurance Bill (National Assembly Bill No.58 of 2023) , The County

Senate. Government Additional Allocations Bill (National Assembly Bills No.23 of 2023), The Equalization Fund (Administration) Bill (Senate Bills No.14 of 2023), and The Learners with Disabilities Bill (Senate Bills No.4 of 2023), be now read a Third time put and the

Senators proceeded to vote by County Delegations)

Hon. Senators, we will do the Roll Call voting. I request the Clerk to call the names, so that Senators can vote.

Who is the Teller for the “Äyes?”

Is Sen. Montet Betty the Teller for the Ayes?”

What is not in order? Determination on who will be the teller for the Äyes” and “Noes” does not peg on where a Senator sits. The Ayes and Noes could be from either side of the aisle. This is a trend that has been followed for some time.

Let us proceed.

Serjeant-at-Arms, please, open the door and undraw the Bar.

Hon. Senators, I will give you results for each Bill at a time.

Senate.

AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen.Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka-Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murangá County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo-Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, Tana River County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Mwaruma, Taita-Taveta County; Sen. Murgor, West Pokot County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wamatinga, Nyeri County.

Teller for Ayes: Sen. Nyamu

Teller for Noes:

Sen. Osotsi, Vihiga County.

Senate. Gataya Mo Fire, Tharaka-Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo-Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, Tana River County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Mwaruma, Taita-Taveta County; Sen. Murgor, West Pokot County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; and, Sen. Wamatinga, Nyeri County.

Teller for Ayes: Sen. Nyamu

Teller for Noes:

Sen. Osotsi, Vihiga County.

AYES: 34 NOES: Nil. ABSENTIONS: 1

Senate. Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County, and, Sen. Wambua, Kitui County.

The results of the County Governments Additional Allocations Bill (National Assembly Bill No.23 of 2023) are as follows: -

Senate. Thang’wa, Kiambu County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

Teller for Ayes: Sen. Nyamu.

The results of the Equalization Fund (Administration) Bill (Senate Bill No.23 of 2023) are as follows: -

Senate.

Teller for Noes: Sen. Betty Montet.

The results of the Learners with Disabilities Bill (Senate Bill No.4 of 2023) is as follows: -

Hon. Senators, having moved a Motion to extend time to conclude business listed at Orders Nos.15, 16, 17, 18 and 19 earlier and having done so, the Senate now stands adjourned until Tuesday, 17th October, 2023 at