July 14, 2016 SENATE DEBATES Thursday, 14th July, 2016

Hon. Members, with regard to the Committee of the Whole on the Forest Conservation and Management Bill, we will leave it pending for now. Let us move on to the next Order.

The Temporary Chairperson (Sen. Sang): Hon. Senators, we have an amendment by Sen. Mutula Kilonzo Jnr. to be moved by the Chairperson of the Committee.

Proceed, Sen. (Dr.) Machage!

- THAT, Clause 5 of the Bill be amended by inserting new subsections immediately after Subsection (2) - 3) The national and county governments shall ensure the provision of free and

compulsory- a) Vaccination for children under five years of age; and b) Maternity care. 4)For the purposes of implementing subsections (3) , the national government shall in consultation with the respective county government provide conditional grants to county governments.

This amendment seeks to anchor into legislation provision of free maternity care and ensure provision of funds through conditional grants to cater for these services.

The Temporary Chairperson

(Sen. Sang)

: Division will be at the end.

Sen. (Dr.) Machage, we have two amendments under Clause 5; one by Sen. Mutula Kilonzo Jnr. and the one by you. Did we drop the amendment by Sen. Mutula Kilonzo Jnr. or is it the same amendment?

Mr. Temporary Chairperson, Sir, the amendment is the same. We have agreed with my senior, Sen. (Dr.) Machage, that he will move the amendments on Clause 5 and any other that are similar to the ones that are proposed in the Order Paper.

The Temporary Chairperson (Sen. Sang) : Excellent! The Hansard should capture that. Clause 6

Clause 7

- THAT, Clause 5 of the Bill be amended by inserting new subsections immediately after Subsection (2) - 3) The national and county governments shall ensure the provision of free and compulsory- a) Vaccination for children under five years of age; and b) Maternity care. 4)For the purposes of implementing subsections (3) , the national government shall in consultation with the respective county government provide conditional grants to county governments. This amendment seeks to anchor into legislation provision of free maternity care and ensure provision of funds through conditional grants to cater for these services. (Question of the amendment proposed) The Temporary Chairperson (

- THAT, Clause 7 of the Bill be amended by deleting sub-clause 3. This amendment seeks to put the burden of providing emergency treatment on the health facility and not on the health provider.

Division will be at the end. Sen. (Dr.) Machage, we have two amendments under Clause 5; one by Sen. Mutula Kilonzo Jnr. and the one by you. Did we drop the amendment by Sen. Mutula Kilonzo Jnr. or is it the same amendment?

Mr. Temporary Chairperson, Sir, the amendment is the same. We have agreed with my senior, Sen. (Dr.) Machage, that he will move the amendments on Clause 5 and any other that are similar to the ones that are proposed in the Order Paper. The Temporary Chairperson (

Excellent! The Hansard should capture that. Clause 6 (Question, that Clause 6 be part of the Bill, proposed) Clause 7

- THAT, Clause 7 of the Bill be amended by deleting sub-clause 3. This amendment seeks to put the burden of providing emergency treatment on the health facility and not on the health provider.

- THAT Clause 16 of the Bill be amended by deleting sub-clause (2) and substituting therefor the following new sub-clause-

Mr. Temporary Chairman, Sir, there is an additional amendment to Clause 16.

consulted with the Clerk-at-the-Table) The Temporary Chairperson (Sen. Sang) : Part (a) of that amendment is the same but (b) is new. To make it easier, let us have Sen. Mutula Kilonzo Jnr. move amendment to Clause 16 in its entirety so that it is (a) and (b) instead of having two amendments at the same time. Is that okay, Sen. (Dr.) Machage?

- THAT Clause 12

(1)

of the Bill be amended in paragraph

(a)

by deleting the words “their health status” appearing immediately after the words “on account of” and substituting therefor the words “any of the grounds set out in Article 27

(4)

of the Constitution”.

Clauses 13 and 14

Clause 15

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 16 of the Bill be amended —

Clause 17

Mr. Temporary Chairman, Sir, there is an additional amendment to Clause 16. (The Temporary Chairperson (

Part (a) of that amendment is the same but (b) is new. To make it easier, let us have Sen. Mutula Kilonzo Jnr. move amendment to Clause 16 in its entirety so that it is (a) and (b) instead of having two amendments at the same time. Is that okay, Sen. (Dr.) Machage?

Yes. The Temporary Chairperson (

- THAT Clause 20 of the Bill be amended by-

So, let us drop Sen. (Dr.) Sen. (Dr.) Machage’s amendment so that you move for both. (Sen. (Dr.) Machage’s amendment dropped)

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 16 of the Bill be amended —

Clause 17

- THAT, Clause 24 of the Bill be amended by deleting paragraph

(c)

. This is a clean-up necessary as stated by the Chairman.

Clause 25

- THAT Clause 17 of the Bill be amended by —

- THAT Clause 25 of the Bill be deleted.

- THAT Clause 19 of the Bill be amended in sub-clause (4) by deleting paragraph

First Schedule of the Bill. County governments need to be given the freedom to develop health facilities to the highest standards, without the fear that these facilities will later be taken up by the national Government. Clause 26

Mine is different, Mr. Temporary Chairman, Sir. The Temporary Chairperson (

- THAT, Clause 28 of the Bill be amended by deleting sub-clause (2) . The reason for the amendment is to correct the repetition of Clauses 28 (2) and 29 that deal with the same matter.

Clause 29

Clause 30 - 44

- THAT, Clauses 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 of Bill be deleted.

This is the deletion of Clauses 30 to 44 or the entire Part IV of the Bill that deals with the establishment of the Kenya Human Resource Advisory Council in order to give the county governments the independence to deal with the health workforce.

- THAT Clause 24 of the Bill be amended by deleting paragraph (a) . This amendment is a clean-up necessary after the deletion of “classifications of health facilities”.

experienced Senator and practitioner. I am told that you are supposed to move those amendments with deletion.

Sen. Elachi.

Mr. Temporary Chairman, Sir, while I appreciate the Chair and the good work they have done, I am worried that we are going to end up with a different product. The Bill will change completely. Why would we delete Clauses 30 to 44 when we are facing so many challenges at the moment with regard to nurses and doctors? We have the example of Busia where the county assembly has told the governor that he has to deal with the children that became disabled. I thought that this institution would have come and harmonized some of these things. I am worried that this Bill will turn out to be a different one.

Mr. Temporary Chairman, Sir, my worry is not that the Bill will have a different appearance or purpose. It is that there is interference of the county governments by the national Government on matters of employment. There is no clear definition and boundary of who is supposed to take responsibility on employment and remuneration of workers at the county level, hence the cause of the crisis that we are seeing. Sometimes the county governments say they do not have any responsibility over nurses because they never employed them. That is the purpose of this deletion.

- THAT Clause 25 of the Bill be deleted.

First Schedule of the Bill. County governments need to be given the freedom to develop health facilities to the highest standards, without the fear that these facilities will later be taken up by the national Government. Clause 26

- THAT, Clause 27 (1) of the Bill be amended by inserting the following new paragraph immediately after paragraph (b) -

Mr. Temporary Chairperson, Sir, it is dangerous when a Senator says that our work is in an attempt to kill children or mothers. Let me highlight something. There is no contradiction when the Government is offering free maternal healthcare to children who are not born and offering free compulsory access to vaccination when those children are born. What is the contradiction? You are simply saying that the theory and the spirit of taking care of a child when it is in the mother’s womb continues when the child is born.

That is what we are talking about. In fact, we are suggesting that the national Government goes a step further and sets up a conditional grant for vaccinations. It is just going a little step further from maternal healthcare. We are actually assisting the Jubilee Government in enhancing health facilities. So, Sen. Elachi must look at it from that perspective and future generations. There is no contradiction.

Mr. Temporary Chairperson, Sir, the problem is not how we do things but why we refuse to realise that in the implementation of all this, the national Government gets its ego with the money and the county government does the same. At that time, they forget that we are dealing with human beings and it becomes a conflict of resources between the two. My Senator and the Chairperson of the Committee on Health are both in the Committee of Finance, Commerce and Budget. They know very well that when it comes to allocation of funds, you will see how governors will forget that we are dealing with health and will be looking at the resources that cut across.

When I look at the establishment as a person, this was to establish the Kenya Health Human Resource Advisory Council (KHHRAC) . If we feel that it is anchored so much at the national Government whilst health is devolved, then I thought that there would be a way of coming up with the same but for the counties. However, in a way, they should also have an advisory different from that of the national Government. If we feel that the Council is so anchored at the national Government, let us create it but anchor it more in the counties, so that we have equal health services. Whether I am in Bungoma or Kakamega, I should get the same health services so that we remain the same. If we have a patient, we come to the Kenyatta National Hospital (KNH) . If the patient goes back to Kakamega Level 5 Hospital, she can still get the same health services.

experienced Senator and practitioner. I am told that you are supposed to move those amendments with deletion.

Sen. Elachi.

our hospitals. We will say the same thing here again. However, I am sure that the quality of service is not what my colleague Senator said; that, it would be different at counties than at the national level. They are the same personnel who will be delivering these services at the counties. They have the same qualifications and training but the management is what this Bill tried to take away and that is what we are returning. I thought the Committee was doing that. We agreed with all the Members of the Committee that we do as we have done in this Bill, unless my colleague there has changed his mind.

The Temporary Chairperson (Sen. Sang): Before I give Sen. Wetangula, let us hear Sen. Nabwala and then come to you.

Mr. Temporary Chairperson, Sir, Article 187 (1) of the Constitution says:-

“A function or power of Government at one level may be transferred to a Government at the other level by agreement between the two levels of governments.”

We are trying to pass this Bill. There was public participation and the Council of Governors (CoG) objected. We also looked at it at the Committee level. The national Government has bought a lot of medical equipment on lease /hire which has been distributed to the hospitals. Now, they want to re-classify these hospitals so that they take back the power from county governments, yet we know that health has been devolved. Why can we not hear the Council of Governors (CoG) out? We have their comments on record in the Committee on Health.

The Senate Minority Leader (Sen. Wetangula) :

Mr. Temporary Chairman, Sir, we are dealing with issues of our children and health matters. I saw an amendment where we have decided that vaccination can be done. We have brought great confusion in the whole process. As a mother, I think that the county governments should not decide when my child, for example, will be vaccinated. If we allow that we will be killing our children and encouraging other complications. The Senate should be serious about health matters. We, Members, have insurance cover and that is why we run to Nairobi Hospital and other hospitals. At the grassroots level, we have quacks who have taken advantage and we are giving them more advantage by what we are now doing. Even if we proceed with the amendments, this Bill will have to go to mediation.

Mr. Temporary Chairperson, Sir, the Fourth Schedule of the Constitution is very explicit on the functions of the national and county governments. If the suggestion by Sen. Elachi has to hold any water, then she should be fighting for the amendment of the Constitution but not an amendment of clauses of legislation. We are legislating to put the law in line with the Constitution and it can only be done that way.

Mr. Temporary Chairperson, Sir, Sen. Elachi seems to have very strong reservations regarding the deletion of these specific clauses. I just want to know if she has any strong grounds for raising the objections to these deletions.

Mr. Temporary Chairperson, Sir, it is dangerous when a Senator says that our work is in an attempt to kill children or mothers. Let me highlight something. There is no contradiction when the Government is offering free maternal healthcare to children who are not born and offering free compulsory access to vaccination when those children are born. What is the contradiction? You are simply saying that the theory and the spirit of taking care of a child when it is in the mother’s womb continues when the child is born.

That is what we are talking about. In fact, we are suggesting that the national Government goes a step further and sets up a conditional grant for vaccinations. It is just going a little step further from maternal healthcare. We are actually assisting the Jubilee Government in enhancing health facilities. So, Sen. Elachi must look at it from that perspective and future generations. There is no contradiction.

Mr. Temporary Chairperson, Sir, the problem is not how we do things but why we refuse to realise that in the implementation of all this, the national Government gets its ego with the money and the county government does the same. At that time, they forget that we are dealing with human beings and it becomes a conflict of resources between the two. My Senator and the Chairperson of the Committee on Health are both in the Committee of Finance, Commerce and Budget. They know very well that when it comes to allocation of funds, you will see how governors will forget that we are dealing with health and will be looking at the resources that cut across.

When I look at the establishment as a person, this was to establish the Kenya Health Human Resource Advisory Council (KHHRAC) . If we feel that it is anchored so much at the national Government whilst health is devolved, then I thought that there would be a way of coming up with the same but for the counties. However, in a way, they should also have an advisory different from that of the national Government. If we feel that the Council is so anchored at the national Government, let us create it but anchor it more in the counties, so that we have equal health services. Whether I am in Bungoma or Kakamega, I should get the same health services so that we remain the same. If we have a patient, we come to the Kenyatta National Hospital (KNH) . If the patient goes back to Kakamega Level 5 Hospital, she can still get the same health services.

- THAT, Clauses 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 of the Bill be deleted. Mr. Temporary Chairman, Sir, the reason for the deletion of Clauses 30 to 44 is to delete the entire Part 4 of the Bill which deals with the establishment of the Human Resource Advisory Council in order to give the county governments the independence to deal with the health workforce.

Clause 45

Clause 46

- THAT, Clause 49 be amended in subsection (2) by deleting paragraph (a) and substituting therefor the following paragraph-

Clauses 50 - 61

(Question, that Clauses 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60 and 61be part of the Bill, proposed) Clauses 62-67

The Temporary Chairperson (Sen. Sang): Sen. Mutula Kilonzo Jnr., do you have an amendment?

Mr. Temporary Chairman, Sir, if you look at Clauses 62, 63, 64, 65, 66, 67 and 73, this is on setting up of regulations of health products and health technology. Therefore, I propose the deletion of Clauses 62, 63, 64, 65, 66 and 67.

The justification is that the Bill proposes the establishment of a single authority to deal with health products and technologies contrary to policy and legislative standards.

Mr. Temporary Chairman, Sir, the Bill appears to be elevating itself to an Act of Parliament which is superior to other Acts of Parliament already in existence, including the Kenya Medical Suppliers Authority Act and the Pharmacy and Poisons Act among others.

I propose that the part which includes Clauses up to 73 of the Bill be deleted. Mr. Temporary Chairman, Sir, I support the amendments as proposed by Sen. Mutula Kilonzo Jnr.

Mr. Temporary Chairman, Sir, I also support these amendments because we have other bodies in Government with speacialised abilities to evaluate and indicate the quality of the products that are provided. I do not think these regulations will have the capacity to do what it is stated here.

I support. The Temporary Chairperson (Sen. Sang) : Sen. Mutula Kilonzo Jnr., your proposal is to delete Clauses 62, 63, 64, 65, 66 and 67?

Yes, Mr. Temporary Chairman, Sir. The Clauses run from Clause 62 to Clause 67, then there is also Clauses 68, 73, 89 and 91. I also propose to delete them.

The Temporary Chairperson (Sen. Sang) : Sen. Mutula Kilonzo Jnr., just for guidance, I propose that we deal with Clauses 62, 63, 64, 65, 66 and 67 first.

- THAT, Clauses 62, 63, 64, 65, 66 and 67be deleted.

The Temporary Chairperson

(Sen. Sang)

: Division will come at the end. Clauses 68 - 72

devolution. We should be the last people to do the opposite.

Mr. Temporary Chairman, Sir, I support the amendment.

Mr. Temporary Chairman, Sir, I also rise to support the Committee’s proposals and amendments. We should not lose the gains that we have made in devolution. We have come a long way, particularly to devolve health services, so that we bring them closer to the people. I know that my sister, Sen. Elachi, is very passionate on the rights of mothers and young ones, but I want to plead with her to look at this amendment from a holistic perspective. Under the Constitution, as our able Senate Minority Leader has stated, we are the guardians of devolution. We should not at any one time try to return back to the national Government the gains that we have already achieved from devolution at the county level. Mr. Temporary Chairman, Sir, I support the Committee’s amendment. (

We shall have Division at the end. Clause 89

- THAT, the Bill be amended by deleting Clause 89. As we have proposed, private entities shall be permitted to operate hospitals, health clinics, laboratories and other institutions in the health sector subject to licensing by the appropriate regulatory bodies.

The justification is that a separate legislation should provide a framework for the regulation of health facilities, including public and private health facilities.

Mr. Temporary Chairman, Sir, I support Sen. Mutula Kilonzo Jnr. because we currently have a Bill on the amendments of the Medical Practitioners and Dentists Board which is bestowed with the duty of licensing. Therefore, the existence of this clause in the Bill is a duplication of matters of another Act.

Temporary Chairman, Sir, I concur with Sen. Mutula Kilonzo Jnr. because it is such duplication that creates a lot of f war. Let us deal with them separately. Let us avoid duplication.

Hon. Senators, both sides have made their arguments, but in terms of procedure, ordinarily, when moving amendments to delete the clauses of a Bill, we do it separately. This amendment is an entire part on the establishment of the Kenya Health Human Resource Advisory Council. Therefore, it does not make sense to move an amendment to delete Clause 30 and retain Clauses 31 and 32. Therefore, I direct--- The Senate Minority Leader (

Thank you, Sen. Bule, for speaking to that amendment.

We shall have a Division at the end. Clause 90

- THAT, the Bill be amended by deleting Clause 91. I gave justification that Clause 91 is tied to Clause 89. Mr. Temporary Chairman, Sir, I support the proposed amendment by Sen. Mutula Kilonzo Jnr.

We shall have Division at the end. Clauses 92 - 112 (Question, that Clauses 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106,

107, 108, 109, 110, 111 and 112 be part of the Bill, proposed) First Schedule

The Senate Minority Leader did not pick what I was saying. I am directing that whereas the practice has always been that if you want to delete clauses in a Bill, you move the amendments clause by clause; on this particular one, we have a set of clauses from Clause 30 to 44 that relate to the same matter on the council. I direct that the Chairperson moves the amendments from Clause 30 to Clause

- THAT, Clauses 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 of the Bill be deleted. Mr. Temporary Chairman, Sir, the reason for the deletion of Clauses 30 to 44 is to delete the entire Part 4 of the Bill which deals with the establishment of the Human Resource Advisory Council in order to give the county governments the independence to deal with the health workforce.

Clause 45

Clause 46

- THAT, Clause 46 the Bill be amended by-

Fourth Schedule be part of the Bill, proposed) Clause 2

Clauses 50 - 61(Question, that Clauses 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60 and 61be part of the Bill, proposed) Clauses 62-67The Temporary Chairperson (

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered The Health Bill (National Assembly Bill No.14 of 2015) and seeks leave to sit again tomorrow.

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

Sen. Obure seconded.

Let us move on to the next Order.

Sen. Mutula Kilonzo Jnr., your proposal is to delete Clauses 62, 63, 64, 65, 66 and 67? Yes, Mr. Temporary Chairman, Sir. The Clauses run from Clause 62 to Clause 67, then there is also Clauses 68, 73, 89 and 91. I also propose to delete them. The Temporary Chairperson (

Sen. Mutula Kilonzo Jnr., just for guidance, I propose that we deal with Clauses 62, 63, 64, 65, 66 and 67 first.

- THAT, Clauses 62, 63, 64, 65, 66 and 67be deleted. (Question of the amendments proposed) The Temporary Chairperson (

Division will come at the end. Clauses 68 - 72

- THAT, Clause 57 of the Bill be amended by deleting paragraph (e) and substituting therefor the following new paragraph –

Division will come at the end. Clause 73

- THAT Clause 73be deleted. This Clause proposes an Act of Parliament to legislate on mental health based on the arguments that I had raised. There is already an existing legislation on it and there is no reason to put it in this Bill.

Mr. Temporary Chairman, Sir, indeed I am currently working on some amendments of the Mental Health Act which is completely separate and should be kept out of this Bill.

- THAT, Clause 249 of the Bill be amended by deleting the words “not exceeding” appearing immediately after the words “liable to a fine” and substituting therefor the words “not less than”. This Bill provides for a minimum general penalty of a fine not exceeding Kshs100,000 for the commission of the offence for which no penalty is expressed as stated. The Committee proposes to retain this as a minimum penalty and leave the courts to determine whether to impose a higher penalty depending on the nature of the offences.

Clauses 250-253

Clause 2

Division will come at the end. Clauses 74 - 88 (Question that Clauses 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87 and 88 be part of the Bill, proposed)

July 14, 2016 SENATE DEBATES THE ENERGY BILL (NATIONAL ASSEMBLY BILL NO.50 OF 2015)

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Energy Bill (National Assembly Bill No.50 of 2015) and seeks leave to sit again tomorrow.

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

I second.

Hon. Senators, I will reorganize the Order Paper. We will first go to Order No.13 for reasons that are important, then continue with the Order Paper as it is written.

We do not have the amendments on Order No.13. I order that the amendments be circulated now so that we can execute the same. I hope it will take the minimum time. I will give you one minute. You should be in the process of handing the Members the amendments by the time the Chair leaves.

Next Order!

therefor the following new Note – Note: The In-charge is a qualified health practitioner registered by the respective regulatory body”;

Fourth Schedule be part of the Bill, proposed) Clause 2

- THAT, Clause 2 of the Bill be amended by-

July 14, 2016 SENATE DEBATES THE HEALTH BILL (NATIONAL ASSEMBLY BILL NO.14 OF 2015)

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered The Health Bill (National Assembly Bill No.14 of 2015) and seeks leave to sit again tomorrow.

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

Sen. Obure seconded.

Let us move on to the next Order.

THAT Clause 34 of the Bill be amended by deleting paragraph (h) .

Clauses 35 - 41

Clause 43

THAT, Clause 43 be amended by inserting the following new sub-clause immediately after sub-clause (2) -

Clause 2, Title and Clause 1

(Question, that Clause 2, Title and Clause 1be part of the Bill, proposed) Temporary Chairperson (Sen. Sang): Division will be at the end. Hon. Senators, we are done. Let us now move on to report progress.

Mr. Temporary Speaker, Sir, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole report progress on its consideration of the Protection of Traditional Knowledge and Cultural Expressions Bill (National Assembly Bill No.48 of 2015) and seek leave to sit again today.

Let the Chairperson of the Committee of the Whole report progress.

Next Order.

- THAT, Clause 2 of the Bill be amended by–

July 14, 2016 SENATE DEBATES THE ENERGY BILL (NATIONAL ASSEMBLY BILL NO.50 OF 2015)

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Energy Bill (National Assembly Bill No.50 of 2015) and seeks leave to sit again tomorrow.

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

Clauses 7 - 9

- THAT, Clause 10 of the Bill be amended in sub-clause (1) by

- THAT Clause 12 of the Bill be amended –

The Temporary Chairperson (

provide powers to take such action as is necessary to ensure protection of the environment. The provision as set out in the Bill restricts the powers of the authority to the enforcement of action necessary for the protection of health and safety of workers and the public. The environment is a critical element that is likely to be affected by the operations of a contract. It would, therefore, be important to ensure that measures are put in place to safeguard it. The amendment proposed is intended to ensure that this is done.

The Temporary Chairperson (Sen. Sang): Chairperson, I hope that you are using the corrected version of the amendments which have been circulated.

Mr. Temporary Chairman, Sir, it has just been brought to my attention.

The Temporary Chairperson (Sen. Sang): The content does not change, but there is some contradictions that---

Mr. Temporary Chairman, Sir, Clause 16 is being amended in sub-clause (1) by inserting the words “the environment” immediately after the words “and to protect” appearing in paragraph (g). Clause 17

Division will come at the end. Next Clause 4, there is an amendment proposed by the Chairperson of the Committee. Clause 4

THAT, Clause 4 of the Bill be amended by- a) inserting the following new sub-clause immediately after paragraph (d) -

-

THAT, Clause 48 of the Bill be amended –

Secretary” immediately after the words “contractor shall appoint”;

-

THAT, Clause 49 of the Bill be amended in sub-clause (6) by deleting the word “ten” appearing immediately after the words “not less than” and substituting therefor the word “two”.

Clause 50

THAT, Clause 25 of the be amended in sub-clause (3) (d) by inserting the words “after consultations with the person in charge of matters relating to traditional knowledge and culture in the relevant county” immediately after the words “relevant community”.

Clauses 26-33

Division will be at the end. Clause 34

THAT Clause 34 of the Bill be amended by deleting paragraph (h) .

Clauses 35 - 41

Clause 43

- THAT, Clause 51 of the Bill be amended –

Mr. Temporary Chairperson, Sir, the essence of this amendment is to enhance the manner in which public participation is carried out. It is also to ensure that citizens within the respective counties are informed and involved in the process of issuance of operational permits, given the fact that the activities to be carried out with respect to the permits are likely to have a major impact on their livelihood. Clause 52

- THAT, Clause 53 of the Bill be amended –

Division will be at the end. Hon. Senators, we are done. Let us now move on to report progress.

The Temporary Chairperson (Sen. Sang): Hon. Members, there is an amendment to Clause 58. Yes, Mover. Clause 58

- THAT, Clause 60 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (2) –

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Protection of Traditional Knowledge and Cultural Expressions Bill (National Assembly Bill No.48 of 2015) and seeks leave to sit again tomorrow.

Sen. Mwakulegwa seconded.

Next Order.

- THAT Clause 5 of the Bill be amended in –

- THAT Clause 6 of the Bill be amended in sub-clause (1) by inserting the words “a national” immediately after the words “and review”.

The Committee proposes to amend sub-clause (1) of Clause 6 of the Bill to align the provision of the sub-clause with the marginal note which refers to national upstream petroleum strategic plan.

- THAT, Clause 100 of the Bill be amended in the proviso appearing immediately after subclause (2) (b) by –

- THAT, Clause 102 of the Bill be amended –

- THAT Clause 12 of the Bill be amended –

- THAT, Clause 107 of the Bill be amended in sub-clause (1) by deleting the words “forests, national parks, reserves and heritage sites” appearing immediately after the words “National Government Property”.

Clauses 108 - 120

First Schedule

Second Schedule

- THAT, the Model Production Sharing Contract set out in the Second Schedule to the Bill be amended in –

- THAT clause 16 of the Bill be amended in sub-clause (1) by inserting the words “the environment” immediately after the words “and to protect” appearing in paragraph (g) .

provide powers to take such action as is necessary to ensure protection of the environment. The provision as set out in the Bill restricts the powers of the authority to the enforcement of action necessary for the protection of health and safety of workers and the public. The environment is a critical element that is likely to be affected by the operations of a contract. It would, therefore, be important to ensure that measures are put in place to safeguard it. The amendment proposed is intended to ensure that this is done.The Temporary Chairperson (

local community as set out under Clause 2 of the Bill to confine the definition to persons found in the sub-county within which an energy resource is located and who are affected by the exploitation of the natural resource. This will also align it to the definition proposed in the Energy Bill (National Assembly Bill No. 50 of 2015).

The Temporary Chairperson (Sen. Sang): Division will come at the end. The Title and Clause 1

(Question, that the Title and Clause 1 be part of the Bill proposed) The Temporary Chairperson (Sen. Sang): Hon. Senators, we are done with the consideration of the Energy Bill (National Assembly Bill No. 50 of 2015). We now proceed to report progress.

Mr. Chairman, Sir, pursuant to the Standing Order 139, I beg to move that the Committee of the Whole report progress on its consideration of The Petroleum (Exploration, Development, and Production) Bill (National Assembly Bill No. 44 of 2015) and seek leave to sit again today in the afternoon.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Petroleum

Bill

(National Assembly Bill No. 44 of 2015)

and seeks leave to sit again tomorrow.

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

Sen. Obure seconded.

- THAT Clause 17 of the Bill be amended in sub-clause (1) by deleting paragraph (e) and substituting therefor the following new paragraphs –

-

THAT, Clause 48 of the Bill be amended –

Secretary” immediately after the words “contractor shall appoint”;

Clause26

-

THAT Clause 50 of the Bill be amended by deleting sub-clause (2) and substituting therefor the following new sub-clause –

appropriate. This clause seeks to ensure access to information with respect to information relating to non-exclusive exploration permits and hence, facilitate the awareness and involvement of members of the public in the process of issuance of permits and information relating to persons to whom such permits have been awarded. Clause 51

- THAT, Clause 51 of the Bill be amended –

Mr. Temporary Chairperson, Sir, the essence of this amendment is to enhance the manner in which public participation is carried out. It is also to ensure that citizens within the respective counties are informed and involved in the process of issuance of operational permits, given the fact that the activities to be carried out with respect to the permits are likely to have a major impact on their livelihood. Clause 52

- THAT, Clause 53 of the Bill be amended –

The Temporary Chairperson (

Mr. Temporary Chairman, Sir, I beg to move: - THAT, Clause 45 of the Bill be amended-

- THAT, Clause 58 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (2) –

(2A) Parliament shall, in carrying out its obligation under sub-section (2) , undertake public participation.

The Committee proposes to amend Clause 58 by introducing a new sub-clause

- THAT, Clause 60 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (2) –

Yes, Chairperson. Clause 77

- THAT, Clause 48 (3) of the Bill be amended in paragraph (f) by deleting the words “Director-General” and substituting therefor the words “Chief Conservator of Forests”.

The amendment is for purposes of consistency.

Clause 49

- THAT, Clause 49 (3) be amended in paragraph (b) by deleting the words “Director-General” and substituting therefor the words “Chief Conservator of Forests”.

The amendment is for purposes of consistency.

The Temporary Chairperson (Sen. Sang) : We shall have Division at the end.

- THAT, Clause 86 of the Bill be amended in sub-clause (2) by inserting the words “sea, forest, wildlife and marine” immediately after the words “salt water” appearing in paragraph (h) . We propose to amend Clause 86 of the Bill in order to expand the eco-system in Clause 86 (2) (h) to include the sea, forest and sub-marine. This is to expand the need for the protection of such resources through the prevention of pollution. The Temporary Chairperson (

- THAT, Clause 50 (2) of the Bill be amended by deleting the words “Director- General” appearing at the beginning of the sub-clause and substituting therefor the words “Chief Conservator of Forests”.

The amendment is for purposes of consistency.

Clause 51

words “sea, forest, wildlife and marine” immediately after the words “lake, reservoir” appearing in paragraph (h). Clauses 87 - 88

- THAT, Clause 53 of the Bill be amended by inserting the word “employment” immediately after the word “education”.

urgently

. Clauses 90 - 99

(Question, that Clauses 90 - 99 be part of the Bill, proposed) Clause 100

- THAT, Clause 100 of the Bill be amended in the proviso appearing immediately after subclause (2) (b) by –

- THAT, Clause 62 of the Bill be amended in-

- THAT, Clause 63 of the Bill be amended in sub-clause (2) by deleting the words “Director-General” appearing at the beginning of the sub-clause and substituting therefor the words “Chief Conservator of Forests”.

The Temporary Chairperson (Sen. Sang) : We shall have Division at the end. Clause 64

- THAT, Clause 107 of the Bill be amended in sub-clause (1) by deleting the words “forests, national parks, reserves and heritage sites” appearing immediately after the words “National Government Property”.

Clauses 108 - 120

First Schedule

Second Schedule

- THAT, the Model Production Sharing Contract set out in the Second Schedule to the Bill be amended in –

(Question, that Clauses 65, 66, 67, 68, 69, 70 and 71 be part of the Bill, proposed) The Temporary Chairperson (Sen. Sang): We shall have Division at the end. Clause 72

- THAT, Clause 2 of the Bill be amended by deleting the definition of the word “local community” and substituting therefor the following new definition – “local community” means a people living in a sub-county within which a petroleum resource under this Act is situated and are affected by the exploitation of that petroleum resource;

- THAT, clause 75 be amended by deleting the words “Environmental Management and Co-ordination Act, 1999” appearing in sub-clause (1) immediately after the words “provisions of the” and substituting therefor the words “Environmental Management and Co-ordination Act, 2015”.

Division will come at the end. The Title and Clause 1(Question, that the Title and Clause 1 be part of the Bill proposed) The Temporary Chairperson (

Hon. Senators, we are done with the consideration of the Energy Bill (National Assembly Bill No. 50 of 2015). We now proceed to report progress.Mr. Chairman, Sir, pursuant to the Standing Order 139, I beg to move that the Committee of the Whole report progress on its consideration of The Petroleum (Exploration, Development, and Production) Bill (National Assembly Bill No. 44 of 2015) and seek leave to sit again today in the afternoon.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Petroleum

Bill

(National Assembly Bill No. 44 of 2015)

and seeks leave to sit again tomorrow.

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

Sen. Obure seconded.

- THAT Clause 25 (2) of the Bill be amended in paragraph (c) by deleting the word “national” appearing immediately after the words “tourism in” and substituting therefor the word “public”. Mr. Temporary Chairman, Sir, I want to say that many of the amendments that I will move are related to the fact that we decided to use the word “public forests” instead of “national forests” because there are no national forests. Therefore, a lot of the subsequent amendments will be as a result of that change. The Temporary Chairperson (

Mr. Temporary Speaker, Sir, before we report on the Committee of the Whole, I rise in accordance with Standing Order No. 30 to seek an extension of the

will take us about ten minutes for us to finish with the Access to Information Bill (National Assembly Bill No. 36 of 2015) because it is part of the constitutional requirements.

It would, therefore, be convenient if we were to do that so that in the afternoon we can go in an orderly fashion.

Who is seconding? Sen. Karaba seconded.

- THAT clause 26 of the Bill be amended at subsection (2) by deleting the words “controller and” appearing immediately after the words “Board shall submit to the”.

Clauses 27 - 35

Clause 36

- THATclause 36 of the Bill be amended at sub-clause (2) by deleting the word “national” appearing immediately after the words “declared a” and substituting therefor the word “public”.

Clauses 37 and 38

Clause 39

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

Sen. Karaba seconded

Mr. Temporary Speaker, Sir, I am sorry for that mix-up. My point of order is that tomorrow being a Friday, I want to bring it to your attention that it is not a sitting day unless it is ruled otherwise.

If my memory serves me well, Sen. Karaba is one of the seasoned Members of the other side; and the term “sitting tomorrow” just means the next sitting in parliamentary language.

Order, Sen. Karaba! I have not allowed you to speak. Next order!

- THAT, Clause 43 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (5) - “ (6) The Service shall consider the interests of the local communities in the management of public forests.” The amendment is for the purpose of allowing the interest of the local communities to be taken into account on the issue of management of forests. The Temporary Chairperson (

Mr. Temporary Chairman, Sir, I beg to move: - THAT, Clause 45 of the Bill be amended-

The Temporary Chairperson (

- THAT, Clause 4 of the Bill be amended by deleting sub clause (3) and substituting therefor the following new sub clause –

We shall have Division at the end. Clause 46

- THAT, Clause 6 of the Bill be amended –

- THAT, Clause 8 of the Bill be amended by deleting sub clause (2) and substituting therefor the following new sub clauses –

- THAT clause 9 of the Bill be amended by deleting sub clause (2) and substituting therefor the following new sub clauses –

- THAT, Clause 10 of the Bill be amended in sub-clause (3) by deleting the words “fifteen days” appearing immediately after the words “application within” and substituting therefor the words “twenty-one days”. This amendment is to harmonise the timelines that are provided in Clause 9 (1) .

The Temporary Chairperson (Sen. Sang) : Division will come at the end. Clause 11

- THAT, Clause 49 (3) be amended in paragraph (b) by deleting the words “Director-General” and substituting therefor the words “Chief Conservator of Forests”. The amendment is for purposes of consistency. The Temporary Chairperson (

We shall have Division at the end.

- THAT, Clause 14 of the Bill be amended in sub clause (1) by deleting paragraph

- THAT, Clause 50 (2) of the Bill be amended by deleting the words “Director- General” appearing at the beginning of the sub-clause and substituting therefor the words “Chief Conservator of Forests”.

The amendment is for purposes of consistency.

Clause 51

- THAT, Clause 51 of the Bill be amended-

- THAT, Clause 23 of the Bill be amended in sub clause (8) by deleting the words “relevant private body or” appearing immediately after the words “public entity” and substituting therefor the words “or the relevant”. The amendment is for purposes of clarity.

The Temporary Chairperson (Sen. Sang) : We shall have Division at the end. Clauses 24 and 25

The Temporary Chairperson (Sen. Sang) : We shall have Division at the end. Clause 26

Clauses 54 - 61(Question, that Clauses 54, 55, 56, 57, 58, 59, 60 and 61 be part of the Bill, proposed) The Temporary Chairperson (

- THAT, Clause 28 of the Bill be amended in sub clause (7) by deleting the words “under the Public Procurement and Disposal Act or any Act replacing that Act” appearing immediately after the words “with government” and substituting therefor the words “under the laws relating to matters of procurement and disposal.”.

The purpose of this amendment is to avoid reference to a specific statute so that there would be no need for an amendment to this Act in case the procurement law is amended in future.

The Temporary Chairperson (Sen. Sang) : We shall have Division at the end. Clause 29

Schedule

- THAT the Schedule be amended –

- THAT, Clause 62 of the Bill be amended in-

- THAT, Clause 2 of the Bill be amended —

- THAT, Clause 63 of the Bill be amended in sub-clause (2) by deleting the words “Director-General” appearing at the beginning of the sub-clause and substituting therefor the words “Chief Conservator of Forests”. The Temporary Chairperson (

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered The Access to Information Bill (National Assembly Bill No.36 of 2015) and seeks leave to sit again tomorrow.

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

Sen. Obure seconded

(Question, that Clauses 65, 66, 67, 68, 69, 70 and 71 be part of the Bill, proposed) The Temporary Chairperson (

We shall have Division at the end. Clause 72

What is it?

Mr. Temporary Speaker Sir, while we have been conducting our business in committee and in plenary, we have visitors at the Public Gallery. You remember that yesterday we had a number of schools that sat and left before this House recognized them. The tradition of this House has always been to recognize those students and visitors to the Senate. I hope you will have time to recognize the team.

- THAT, clause 75 be amended by deleting the words “Environmental Management and Co-ordination Act, 1999” appearing in sub-clause (1) immediately after the words “provisions of the” and substituting therefor the words “Environmental Management and Co-ordination Act, 2015”.

Mr. Temporary Speaker Sir, I beg to report that the Committee of the Whole has considered the Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No. 43 of 2015 and seek leave to sit again tomorrow.

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

Sen. Karaba seconded

- THAT, Clause 77 of the Bill be amended by inserting the following new paragraph immediately after paragraph (a) - (aa) The land in section (a) shall not include government settlement schemes already registered before the commencement of this Act;

First Schedule and Second Schedule

Third Schedule

- THAT, the Third Schedule to the Bill be amended by-

- THAT, Clause 2 of the Bill be amended by deleting the definition of the word “forest owner” and substituting therefore the new definition- “forest owner” means-

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.139, I beg to move that the Committee do report progress on its consideration of the Forest Conservation Management Bill (National Assembly No.49 of 2015) and seek leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, before we report on the Committee of the Whole, I rise in accordance with Standing Order No. 30 to seek an extension of the

will take us about ten minutes for us to finish with the Access to Information Bill (National Assembly Bill No. 36 of 2015) because it is part of the constitutional requirements.

It would, therefore, be convenient if we were to do that so that in the afternoon we can go in an orderly fashion.

Who is seconding? Sen. Karaba seconded.

Mr. Temporary Speaker Sir, I beg to report that the Committee of the Whole has considered the Forest Conservation and Management Bill (National Assembly Bill No. 49 of 2015) and seek leave to sit again tomorrow.

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

Sen. Karaba seconded

What is it Sen. Karaba? You always rise on points of order at the wrong time.

Mr. Temporary Speaker, Sir, I am sorry for that mix-up. My point of order is that tomorrow being a Friday, I want to bring it to your attention that it is not a sitting day unless it is ruled otherwise.

If my memory serves me well, Sen. Karaba is one of the seasoned Members of the other side; and the term “sitting tomorrow” just means the next sitting in parliamentary language.

Order, Sen. Karaba! I have not allowed you to speak. Next order!

- THAT, Clause 3 of the Bill be amended –

- THAT, Clause 4 of the Bill be amended by deleting sub clause (3) and substituting therefor the following new sub clause –

- THAT, Clause 5 (1) of the Bill be amended –

- THAT, Clause 6 of the Bill be amended –

- THAT, Clause 8 of the Bill be amended by deleting sub clause (2) and substituting therefor the following new sub clauses –

- THAT clause 9 of the Bill be amended by deleting sub clause (2) and substituting therefor the following new sub clauses –

- THAT, Clause 10 of the Bill be amended in sub-clause (3) by deleting the words “fifteen days” appearing immediately after the words “application within” and substituting therefor the words “twenty-one days”. This amendment is to harmonise the timelines that are provided in Clause 9 (1) . The Temporary Chairperson (

Division will come at the end. Clause 11

- THAT clause 11 (1) of the Bill be amended in paragraph (e) by inserting the words “if any” immediately after the words “the payment”.

The Temporary Chairperson (

Division will come at the end. Clauses 12 and 13(Question that Clauses 12 and 13 be part of the Bill, proposed) The Temporary Chairperson (

Division will come at the end. Clause 14

- THAT, Clause 14 of the Bill be amended in sub clause (1) by deleting paragraph

- THAT clause 16 of the Bill be amended –

(Question that Clauses 17, 18, 19, 20, 21 and 22 be part of the Bill, proposed) The Temporary Chairperson (

We shall have Division at the end. Clause 23

- THAT, Clause 23 of the Bill be amended in sub clause (8) by deleting the words “relevant private body or” appearing immediately after the words “public entity” and substituting therefor the words “or the relevant”. The amendment is for purposes of clarity. The Temporary Chairperson (

We shall have Division at the end. Clauses 24 and 25 (Question, that Clauses 24 and 25be part of the Bill, proposed) The Temporary Chairperson (

We shall have Division at the end. Clause 26

- THAT, Clause 26 of the Bill be amended –

Clause 28

- THAT, Clause 28 of the Bill be amended in sub clause (7) by deleting the words “under the Public Procurement and Disposal Act or any Act replacing that Act” appearing immediately after the words “with government” and substituting therefor the words “under the laws relating to matters of procurement and disposal.”. The purpose of this amendment is to avoid reference to a specific statute so that there would be no need for an amendment to this Act in case the procurement law is amended in future. The Temporary Chairperson (

We shall have Division at the end. Clause 29 (Question that Clause 29 be part of the Bill, proposed) Schedule

- THAT the Schedule be amended –

- THAT, Clause 2 of the Bill be amended —

July 14, 2016 SENATE DEBATES THE ACCESS TO INFORMATION BILL (NATIONAL ASSEMBLY BILL NO.36 OF 2015)

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered The Access to Information Bill (National Assembly Bill No.36 of 2015) and seeks leave to sit again tomorrow.

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

Sen. Obure seconded

The Temporary Chairman, Sir, pursuant to Standing Order No. 139, I beg to move that the Committee of the Whole report progress on its consideration of the Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No.43 of 2015 and seek leave to sit again tomorrow.

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

What is it?

Mr. Temporary Speaker Sir, while we have been conducting our business in committee and in plenary, we have visitors at the Public Gallery. You remember that yesterday we had a number of schools that sat and left before this House recognized them. The tradition of this House has always been to recognize those students and visitors to the Senate. I hope you will have time to recognize the team.

You know that the Chair is not able to see what happens in the Public Gallery unless so informed by the Serjeant-At- Arms. As far as I am concerned, I have now been made aware by the Hon. Senator that we have visitors in the Public Gallery whose identity I am yet to know. I order that the same is done and I recognize the same before I adjourn the House. We will proceed with the activities of the House as we wait for that Information.

Mr. Temporary Speaker Sir, I beg to report that the Committee of the Whole has considered the Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No. 43 of 2015 and seek leave to sit again tomorrow.

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

Sen. Karaba seconded

I have not been given information by the Serjeant-At-Arms but on behalf of the Senate, may I take the opportunity to welcome our visitors at the Public Gallery. I am told they are pupils from a primary school. You are welcome any time to observe what happens in the Senate.

Hon. Members, there being no other business, the Senate now stands adjourned until today, Thursday, 14th July, 2016 at 2:30 p.m.

The Senate rose at 12:45p.m.