Thursday, 21st March, 2024

Clerk, do we have quorum?

Clerk, you may proceed to call the first Order.

Clerk, there is a Communication that I need to make. Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of a visiting delegation from the County Assembly of Murang’a comprising Members of the Governance, Labour, Justice and Legal Affairs Committee.

The Delegation is undertaking a one-day study visit in the Senate. I request each Member of the delegation be upstanding when called, so that they may be acknowledged in the Senate tradition.

Thank you, Mr. Speaker, Sir. The delegation from Murang’a County, I want to take this opportunity to welcome you to the Senate. We are delighted to have you here. Earlier on, we had very fruitful engagements with you at the Standing Committee on Justice, Legal Affairs and Human Rights (JLAHRC) meeting, where we shared the experiences on how we can best carry out our oversight and how you can affirm the Members of the County Assembly of Murang’a in carrying out their oversight role as the representatives of the people at the county government level.

We hope that you will enjoy your study tour today, and that by the time you go back to the county, you will come better and mirror the expectations of the people of Murang’a.

So, I take this opportunity to welcome you and say that we know you will be better by the end of the day, and you can come again for better interactions on the issues that we were not able to cover during the joint JLAC meeting.

Thank you.

Next Order, Clerk. The Senate Majority Leader.

Mr. Speaker, Sir, on behalf of the Senate Majority Leader, I beg to lay the following Papers on the Table of the Senate, today, 21st March, 2024.

Report of the Auditor-General on Financial Statements of Taita-Taveta County Executive Car Loan and Mortgage Revolving Fund for the year ended 30th June, 2022.

Report of the Auditor-General on Financial Statements of Taita Taveta County Assembly Members Car Loan and Mortgage Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Taita Taveta County Assembly Staff Car Loan and Mortgage Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of County Government of Taita Taveta Emergency Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Taita Taveta County Facilities Improvement Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of County Government of Taita Taveta County Revenue Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements on Special Municipality of Mwatate Fund/Board for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Nanyuki Water and Sanitation Company Limited for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Nyahururu Water and Sanitation Company Limited for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Rumuruti Municipality for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of the County Executive of Kisumu for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of the County Assembly of Kisumu for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kisumu County Emergency Fund for the year ended 30th June, 2023

Report of the Auditor-General on Financial Statements of Kisumu County Car Loan and Mortgage Scheme Fund, County Government of Kisumu for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kiambu County Executive Staff Mortgage Scheme Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kiambu County Assembly Car Loan and Mortgage Scheme Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kiambu County Climate Change Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kiambu County Alcoholic Drinks Control Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kiambu County Education Bursary Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of the County Executive of Kisii for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of the County Government of Kisii – Receiver of Revenue for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kisii County Bursaries Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kisii County COVID- 19 Emergency Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kwale Municipality for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Diani Municipality for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of the County Executive of Kericho for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of the County Assembly of Kericho for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of the County Government of Kericho – Receiver of Revenue for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kericho County Enterprise Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kericho County Emergency Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Turkana County Biashara Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Turkana County Education and Skills Development Fund for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Lodwar Municipality for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Busia Water and Sewerage Services Company Limited for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Wajir Water and Sewerage Company Limited for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Municipality of Hola, County Government of Tana River for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Kapsabet Municipality for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Marsabit Municipality for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Meru Water and Sewerage Services Registered Trustees for the year ended 30th June, 2023.

Report of the Auditor-General on Financial Statements of Iten Municipality for the year ended 30th June, 2023.

The Chairperson Standing Committee on Land Environment and Natural Resources, please, proceed.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 21st March, 2024-

Report of the Standing Committee on Land, Environment and Natural Resources on the Meteorology Bill (Senate Bills No.45 of 2023)

Next Order, Clerk

Statements Pursuant to Standing Order No.53 (1) . Sen. Alexander Mundigi, you have the Floor.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Energy regarding the alleged disproportionate expenditure of Corporate Social Responsibility (CSR) funds by the Kenya Power and Lighting Company (KPLC) in Embu County, in comparison to other Counties that are home to electricity production in Kenya.

In the Statement, the Committee should-

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the purchase of cereals by the National Cereals and Produce Board (NCPB) from the farmers in Embu County.

In the Statement, the Committee should-

Mr. Speaker, Sir, if you allow me, I could read the second Statement.

proceed.

Mr. Speaker, Sir, I rise on behalf of Sen. Sifuna, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the Nairobi Metropolitan Services (NMS) pending bills and the completion status of projects.

In the Statement, the Committee should-

Sen. Mandago, proceed.

That Statement has been dropped.

Proceed, Sen. Veronica Maina.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the recent state of horrific traffic accidents in many parts of the country.

In the Statement, the Committee should-

Hon. Senators, allow me at this juncture to invoke Standing Order No.45 (2) to re-arrange the sequence of today’s Order Paper. We will move to prosecute Order Nos.10 and 11. Thereafter, we shall resume business as contained in the Order Paper.

Clerk, proceed to call Order No.10.

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

THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the County Governments (Additional Allocations) Cash Disbursement Schedule for the Financial Year 2023/2024, laid on the Table of the Senate on Wednesday, 20th March, 2024 and that, pursuant to Section 17 (7) of the Public Finance Management Act and Standing Order No.189 (3) , the Senate approves the County Governments (Additional Allocations) Cash Disbursement Schedule for the Financial Year 2023/2024.

Mr. Speaker, Sir, this House passed the County Governments (Additional Allocations) Bill, which is now an Act of Parliament. That Bill carried about Kshs48billion as additional allocation for our counties from the national Government share, as well as grants from donors.

The passage of the Bill delayed between the National Assembly and the Senate. As such, we are only left with three months before the Financial Year ends. We want the cash disbursement schedule passed expeditiously, in order for us to facilitate the National Treasury moving the Kshs48 billion to the respective 47 county governments as recipients within the next three months.

Looking at the delay that it has caused and considering one of the critical functions of the Senate is the protection of devolution and fighting for resources to get to counties, I request my colleagues Senators to dispense off with the issue of the Cash Disbursement Schedule for the County Governments (Additional Allocation) Bill for 2023/2024, which is now an Act of Parliament.

The only thing left between releasing the funds to the counties and funds not moving is the Cash Disbursement Schedule. Since the County Governments (Additional Allocation) Bill was extensively debated in this House, I do not want to belabour going through the details, as they have already been covered.

I beg to lay and request my Vice Chairperson, Sen. Tabitha Mutinda, to second.

Mr. Speaker, Sir, I beg to second this Motion on the County Governments Cash Disbursement Schedule and emphasize that we are behind time.

I urge all colleagues to expedite this process, so that before we come to the end of the Financial Year 2023/2024, this Kshs48 billion can be received at the county level.

We have the First, Second, Third and Fourth schedules of the funds that we have passed. The First Schedule contains the aggregated and industrial parts amounting to Kshs4.5billion. The Second Schedule has the court fines amounting to Kshs108 million, 20 per cent share of mineral loyalties to Kshs3 billion; the Third Schedule of Kshs29 billion and the Fourth Schedule containing the transfer of national Government expenditure which amounts to Kshs4.12 billion.

I urge colleagues to visit the Senate Library and look keenly at the cash disbursement document, which has stipulated all the funds going to each and every county and where they are coming from.

As a Committee, we have pushed for funds, starting from the equitable share. We have looked at this County Governments (Additional Allocation) Bill, Equalization Fund and noticed that some counties have not made input or progress to ensure they receive these funds, hence, hindering development and services to its great people.

With those many words, I second. I thank you.

Hon. Senators, you may intervene at this juncture. However, with your concurrence, I will put the question.

Put the question.

I will, therefore, proceed to put the question which is: That the Senate adopts the Report of the Standing Committee on Finance and Budget on the County Governments (Additional Allocations) Cash Disbursement Schedule for the Financial Year 2023/2024, laid on the Table of the Senate on Wednesday, 20th March, 2024 and that, pursuant to Section 17 (7) of the Public Finance Management Act and Standing Order 189 (3) , the Senate approves the County Governments (Additional Allocations) Cash Disbursement Schedule for the Financial Year 2023/2024.

Hon. Senators, as you are aware, this is a matter that affects counties. We will proceed to vote by delegates. Therefore, at this juncture, I ask the Serjeant-at-Arms to ring the Division Bell for five minutes.

Hon. Senators, since the next Order also requires a Division to be taken, I will allow the Clerk to read it so that we proceed with the two.

Serjeant-at-Arms, proceed to close the Doors and draw the Bar.

Hon. Senators, kindly take your seats. I had put the question on Order No.10. Voting will be done electronically. I request hon. Senators to log out.

Serjeant-at-Arms, please, walk around and pull out any cards remaining in the delegate units. Once that exercise is done, kindly signal.

Are we done? We are good. Hon. Senators, kindly log into the delegates units. Clerk, I hope the system is up and running. Once you log in, proceed to vote by either pressing “Yes”, “No” or “Abstain”.

Sen. Ali Roba, kindly take your seat.

Hon. Senators, the results of the Division are as follows -

Serjeant-at-Arms, I believe that we do not have any card inside the delegate units. Is that the position?

You may now log in and proceed to vote by pressing “Yes”, “No” or “Abstain.”

Now, the results of the Division on Order No.11 are as follows-

You may now proceed to undraw the Bar and open the doors.

I beg to move: THAT clause 3 of the Bill be amended—

THAT, clause 4 of the Bill be amended in subclause

(1)

by deleting the words “a Board to be known as” appearing immediately after the word “established”.

The Temporary Chairperson

: Division will be at the end. Clause 5

The Temporary Chairperson

: Division at the end. Clause 6

The Temporary Chairperson

: Sen. Methu, kindly move the amendment.

THAT, clause 6 of the Bill be amended in subclause (2) by deleting the words “create or take part in creation of, become a member of, or” appearing immediately after the words “considers it necessary,”.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division at the end. Clause 7

The Temporary Chairperson (Sen. Wakili Sigei): Sen. Methu, proceed to move the amendment.

THAT, the Bill be amended by deleting clause (7) and substituting therefore the following new clause —

7 (1) The management of the Board shall vest in a board of directors consisting of—

THAT, the Bill be amended by deleting clause 8 and substituting therefor the following new clause—

8 (1) A person is qualified for appointment as a member of the Board under section 7 (1) (a) , (e) , (f) and (g) if that person—

THAT, the Bill be amended by deleting clause 9 and substituting therefore the following new clause—

THAT clause 11 of the Bill be amended in –

THAT, clause 19 of the Bill be amended by deleting the words “the Board or to any of its members” appearing immediately after the words “attach to the” and substituting therefor the words “members of the Board”.

The Temporary Chairperson

: Division at the end. Clauses 20-24.

The Temporary Chairperson

: Division will be at the end. Clause 25

The Temporary Chairperson

: Sen. Methu, move the amendment.

THAT, clause 25 of Bill be amended in subclause (1) by inserting the following new paragraphs immediately after paragraph (c) —

THAT, the Bill be amended by deleting clause 8 and substituting therefor the following new clause—

8 (1) A person is qualified for appointment as a member of the Board under section 7 (1) (a) , (e) , (f) and (g) if that person—

THAT, the Bill be amended by deleting clause 9 and substituting therefore the following new clause—

THAT clause 11 of the Bill be amended in –

THAT, clause 19 of the Bill be amended by deleting the words “the Board or to any of its members” appearing immediately after the words “attach to the” and substituting therefor the words “members of the Board”. (Question of the amendment proposed) The Temporary Chairperson (

Division at the end. Clauses 20-24. (Question, that Clauses 20, 21, 22, 23 and 24 be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end. Clause 25 The Temporary Chairperson (

Sen. Methu, move the amendment.

THAT, clause 25 of Bill be amended in subclause (1) by inserting the following new paragraphs immediately after paragraph (c) —

(Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Clause 43

(Question that Clause 43 be part of the Bill, proposed) Division will be at the end. Clause 44

THAT, Clause 44 of the Bill be amended by deleting paragraph (3) and paragraph

THAT, clause 45 of the Bill be amended in subclause

(6)

by inserting the words “and fifty” immediately after the words “remit two hundred”.

The Temporary Chairperson

: Division will be at the end. Clause 46

THAT, Clause 46 of the Bill be amended in subclause (1) —

THAT, clause 47 of the Bill be amended —

THAT, the Bill be amended by deleting clause 48 and substituting therefor the following new clause—

THAT, Clause 49 of the Bill be amended in—

THAT, Clause 50 of the Bill be amended by deleting subclause (1) and substituting therefor the following new subclause—

THAT, Clause 51 of the Bill be amended in-

THAT, clause 52 of the Bill be amended—

THAT, Clause 53 of the Bill be amended in subclause

(2)

by inserting the words “and is liable, on conviction, to a fine not exceeding twice the value of the blended coffee, or to imprisonment for a term not exceeding one year, or to both’’ immediately after the words “commits an offence”.

The Temporary Chairperson

: Division will be at the end. Clause 54

Division will be at the end.

Clause 55

THAT, Clause 55 of the Bill be amended in subclause

(9)

by inserting the words “in collaboration with the county governments and other relevant bodies” immediately after the words “the institute shall”.

The Temporary Chairperson

: Division will be at the end. Clauses 56 and 57

Division will be at the end. Clause 58

THAT, Clause 58 of the Bill be amended by—

THAT, the Bill be amended by deleting Clause 59 and substituting therefor the following new clause—

THAT, Clause 63 of the Bill be amended by deleting the word “March” appearing immediately after the words “thirty first of” and substituting therefor the word “June”.

The Temporary Chairperson

: Division will be at the end. Clause 64

THAT, Clause 64 of the Bill be amended in subclause

(1)

by inserting the words “and Training” immediately after the words “the Coffee Research”.

The Temporary Chairperson

: Division will be at the end. Clauses 65 and 66

Division will be at the end.

Clause 67

THAT, Clause 67 of the Bill be amended —

THAT, Clause 68 of the Bill be amended by deleting the expression “40

(1)

(f)

(g)

and

(h)

” appearing immediately after the words “appointed under section” and substituting therefor the expression “67

(a)

(e)

(f)

(g)

and

(h)

”

The Temporary Chairperson

: Division will be at the end. Clause 69

THAT, clause 47 of the Bill be amended —

THAT, Clause 69 of the Bill be amended in subclause (1) —

THAT, the Bill be amended by deleting clause 48 and substituting therefor the following new clause—

THAT, Clause 70 of the Bill be amended in subclause (1) by—

THAT, Clause 49 of the Bill be amended in—

THAT, Clause 71 of the Bill be amended by deleting the word “board” appearing immediately after the word “The” at the beginning of the clause and substituting therefor the word “Council”.

The Temporary Chairperson

: Division will be at the end. Clause 72

THAT, Clause 50 of the Bill be amended by deleting subclause (1) and substituting therefor the following new subclause—

THAT, the Bill be amended by deleting clause 72 and substituting therefor the following clause—

THAT, Clause 51 of the Bill be amended in-

THAT, Clause 73 of the Bill be amended—

THAT, clause 52 of the Bill be amended—

THAT, Clause 53 of the Bill be amended in subclause (2) by inserting the words “and is liable, on conviction, to a fine not exceeding twice the value of the blended coffee, or to imprisonment for a term not exceeding one year, or to both’’ immediately after the words “commits an offence”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 54 (Question that Clause 54 be part of the Bill, proposed) Division will be at the end.

Clause 55

THAT, Clause 55 of the Bill be amended in subclause (9) by inserting the words “in collaboration with the county governments and other relevant bodies” immediately after the words “the institute shall”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clauses 56 and 57 (Question that Clauses 56 and 57 be part of the Bill, proposed) Division will be at the end. Clause 58

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 80 of the Bill be amended by—

THAT, the Bill be amended by deleting Clause 59 and substituting therefor the following new clause—

Division will be at the end. Clause 82

THAT, Clause 82 of the Bill be amended by deleting the word “board” appearing immediately after the word “The” at the beginning of the clause and substituting therefor the word “Council”.

The Temporary Chairperson

: Division will be at the end. Clauses 83, 84 and 85

Division will be at the end. Clause 86

THAT, Clause 86 of the Bill be amended by deleting the word “March” appearing immediately after the words “thirty-first of” and substituting therefor the word “June”.

The Temporary Chairperson

: Division will be at the end.

Clause 87

THAT, the Bill be amended by deleting clause 87 and substituting therefor the following new clause —

THAT, clause 88 of the Bill be amended in subclause

(1)

by inserting the words “a licenced exchange” immediately after the words “The Board”.

The Temporary Chairperson

: Division will be at the end. Clause 89

THAT, Clause 89 of the Bill be amended in subclause (2) by deleting paragraph

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 90 of the Bill be amended-

Division will be at the end. Clause 69

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 94 of the Bill be amended-

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 96 of the Bill be amended by deleting the word “board” appearing immediately after the words “vest in the” and substituting therefor the word “Council”.

The Temporary Chairperson

: Division will be at the end. Clause 97 - 102

Division will be at the end. New Clause 25A

Mr. Temporary Chairperson, Sir, I beg to move- THAT, the Bill be amended by inserting the following new clause immediately after clause 25—

25A. (1) The Board and county governments shall regulate the production and processing of coffee with a view of —

THAT, Clause 70 of the Bill be amended in subclause (1) by—

Mr. Temporary Chairperson, Sir, I beg to move- THAT, the Bill be amended by inserting following new Clause immediately after clause 44 — Resolution by a cooperative society or a coffee union 44A. (1) A cooperative society or a coffee union-

THAT, Clause 71 of the Bill be amended by deleting the word “board” appearing immediately after the word “The” at the beginning of the clause and substituting therefor the word “Council”. (Question of the amendment proposed) The Temporary Chairperson (

(Question, that New Clause 44A be read a Second Time proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. New Clause 44B

Division will be at the end. Clause 72

Mr. Temporary Chairperson, Sir, I beg to move- THAT, the Bill be amended by inserting the following new clause immediately after Clause 51-

Sale of coffee in an international exchange 51A. (1) A grower or an agent representing the grower may offer coffee for sale, in the prescribed manner, in an international exchange and may for this purpose enter in to a written contract for future sale.

Mr. Temporary Chairperson, Sir, I beg to move- Coffee trading licence. THAT, the Bill be amended by inserting the following new clause immediately after Clause 51A-

The Board may, for the purpose of trading in the international coffee market and auction-

THAT, Clause 73 of the Bill be amended—

The First Schedule

Mr. Temporary Chairperson, Sir, I beg to move- THAT, the first schedule to the Bill be amended-

THAT, Clause 75 of the Bill be amended by deleting the word “board” appearing immediately after the word “The” at the beginning of the clause and substituting therefor the word “Council”. (Question of the amendment proposed) The Temporary Chairperson (

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

Division will be at the end. Clause 77

Hon. Senators, we are now done with the Coffee Bill (Senate Bills No.10 of 2023), order No.13.

We are now going to Order No.14. Hon. Senators, this is not long. So, let us proceed.

THAT, Clause 77 of the Bill be amended by deleting the words “institute or to any of its members” appearing immediately after the words “not attach to the” and substituting therefor the words “members of the Council”. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 11 of the Bill be amended in subclause

(1)

by inserting the words, “in consultation with the council of county governors,” immediately after the words “The Cabinet Secretary”.

The Temporary Chairperson

: Division will be at the end. Clauses 12-14

The Temporary Chairperson

: Division will be at the end. Clause 15

Division will be at the end. Clause 78

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 33 of the Bill be amended by deleting the word “years” appearing immediately after the words “than five hundred” and substituting therefor the words “thousand shillings”

The Temporary Chairperson

: Division will be at the end. Clause 34

The Temporary Chairperson

: Division will be at the end. Clause 35

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 35 of the Bill be amended in subclause

(1)

by inserting the words, “in consultation with the council of governors,” immediately after the words “The Cabinet Secretary”.

The Temporary Chairperson

: Division will be at the end. Clauses 36-38

The Temporary Chairperson

: Division will be at the end.

Division will be at the end. Clause 79

New Clause 9A

THAT, the Bill be amended by deleting clause 79 and substituting therefor the following new clause —

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

Appeals. 9A. (1) A person who is aggrieved by the decision of the county the county executive committee member with respect to registration, transfer or cancelation of a brand, may appeal to the High court.

THAT, Clause 81 of the Bill be amended by deleting the word “board” appearing immediately after the word “The” at the beginning of the clause and substituting therefor the word “Council”.

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 22 of the Bill be amended in sub-clause

(2)

by deleting the words “conduct risk management” appearing immediately after the words “the Controller may” and substituting therefor the words “advise on the appropriate risk management measures”.

The Temporary Chairperson

: Division will be at the end. Clauses 23 and 24

The Temporary Chairperson

: Division will be at the end. Clause 25

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 25 of the Bill be amended in sub-clause (3) by inserting the following new sub-clause—

3A. on receipt of the report under subsection (3) (b) , the governor shall submit the report to the respective County Assembly.

THAT, Clause 82 of the Bill be amended by deleting the word “board” appearing immediately after the word “The” at the beginning of the clause and substituting therefor the word “Council”. (Question of the amendment proposed) The Temporary Chairperson (

(Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Clauses 26-34

(Question, that Clauses 26, 27, 28, 29, 30, 31, 32, 33 and 34 be part of the Bill, proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. First Schedule

Division will be at the end. Clauses 83, 84 and 85 (Question, that Clauses 83, 84 and 85 be part of the Bill proposed) Division will be at the end. Clause 86

THAT, Clause 86 of the Bill be amended by deleting the word “March” appearing immediately after the words “thirty-first of” and substituting therefor the word “June”. The Temporary Chairperson (

Mr. Temporary Chairperson, Sir, on behalf of the Chairperson of the Committee on Justice, Legal Affairs and Human Rights, I beg to move -

THAT, Clause 3 of the Bill be amended in paragraph

(b)

, in the proposed new subsection

(5A)

, by deleting the word “seven” appearing immediately after the words “not earlier than” and substituting therefore the word “fourteen”.

The Temporary Chairperson

: Division will be and the end Clause 4

The Temporary Chairperson

: The Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights, Sen. Veronica Maina to move.

Division will be at the end.

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 4 of the Bill be amended by deleting paragraph (e) and substituting therefor the following new paragraph –

Mr. Temporary Chairperson, Sir, I beg to move - THAT, the Bill be amended by inserting the following new clause immediately after clause 5 – 5A. The principal Act be amended by inserting the following new section immediately after section 32 –

THAT, the Bill be amended by deleting clause 87 and substituting therefor the following new clause —

Responsibility 23A. A person who is guilty of an offence for penalty. under this Act shall be personally liable for any fine imposed and public funds shall not be used to pay such a fine.

THAT, clause 88 of the Bill be amended in subclause (1) by inserting the words “a licenced exchange” immediately after the words “The Board”. (Question of the amendment proposed) The Temporary Chairperson (

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

(a)

The Temporary Chairperson

(Wakili Sigei)

: Division will be at the end. Clause 2

Division will be at the end. Clause 89

THAT, Clause 89 of the Bill be amended in subclause (2) by deleting paragraph

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 90 of the Bill be amended-

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 92 of the Bill be amended in subclause (1) by deleting the words “less than twenty” appearing immediately after the words “a fine of not” and substituting therefor the words “more than fifty”. (Question of the amendment proposed) Clause 93 (Question, that Clause 93 be part of the Bill, proposed) The Temporary Chairperson (

Division will be at the end. Clause 94

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 94 of the Bill be amended-

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 96 of the Bill be amended by deleting the word “board” appearing immediately after the words “vest in the” and substituting therefor the word “Council”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 97 - 102 (Question, that Clauses 97, 98, 99, 100 and 102 be part of the Bill, proposed) Division will be at the end. New Clause 25A

Mr. Temporary Chairperson, Sir, I beg to move- THAT, the Bill be amended by inserting the following new clause immediately after clause 25—

25A. (1) The Board and county governments shall regulate the production and processing of coffee with a view of —

Mr. Temporary Chairperson, Sir, I beg to move- THAT, the Bill be amended by inserting following new Clause immediately after clause 44 — Resolution by a cooperative society or a coffee union 44A. (1) A cooperative society or a coffee union-

(Question, that New Clause 44A be read a Second Time proposed) The Temporary Chairperson (

Hon. Members, let us now prepare for the next vote on all Clauses.

Division will be at the end. New Clause 44B

Mr. Temporary Chairperson, Sir, I beg to move- THAT, the Bill be amended by inserting following new clause immediately after Clause 44A —

Mr. Temporary Chairperson, Sir, I beg to move- THAT, the Bill be amended by inserting the following new clause immediately after Clause 51-

Sale of coffee in an international exchange 51A. (1) A grower or an agent representing the grower may offer coffee for sale, in the prescribed manner, in an international exchange and may for this purpose enter in to a written contract for future sale.

Mr. Temporary Chairperson, Sir, I beg to move- Coffee trading licence. THAT, the Bill be amended by inserting the following new clause immediately after Clause 51A-

The Board may, for the purpose of trading in the international coffee market and auction-

The First Schedule

Hon. Senators, the results of the Division are as follows-

Mr. Temporary Chairperson, Sir, I beg to move- THAT, the Second schedule of the Bill be amended-

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

Hon. Senators, the results of the Division are as follows-

Hon. Members, let us now go to the Food and Feed Safety Control Co-ordination Bill (National Assembly Bills No.21 of 2023) .

We will first vote on Clauses 22, 25 and the First Schedule then all Clauses. You may proceed to cast your vote.

Division will be at the end.

The “Ayes” have it.

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 11 of the Bill be amended in subclause (1) by inserting the words, “in consultation with the council of county governors,” immediately after the words “The Cabinet Secretary”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clauses 12-14 (Question, that Clauses 12, 13, and 14 be part of the Bill, proposed) The Temporary Chairperson (

Division will be at the end. Clause 15

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 15 of the Bill be amended in subclause (2) by deleting paragraph

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 33 of the Bill be amended by deleting the word “years” appearing immediately after the words “than five hundred” and substituting therefor the words “thousand shillings” (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 34 (Question, that Clause 34 be part of the Bill, proposed) The Temporary Chairperson (

The Temporary Chairperson (Sen. Wakili Sigei): We are now going to the last Division on the Public Service (Values and Principles) (Amendment) Bill (National Assembly Bills No.46 of 2022)

The first Division is on clauses with amendments. (Question put) Hon. Members, you may proceed to cast your vote.

Division will be at the end. Clause 35

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 35 of the Bill be amended in subclause (1) by inserting the words, “in consultation with the council of governors,” immediately after the words “The Cabinet Secretary”. (Question of the amendment proposed) The Temporary Chairperson (

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

Mr. Chairperson, I beg to move that the Committee do report to the Senate in consideration of the Coffee Bill (Senate Bills No.10 of 2023) and its approval thereof with amendments.

Hon. Senators, we are now proceeding to the second Bill, the Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) .

I call upon the Mover, Sen. Cheruiyot to move.

Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to Senate its consideration of The Prevention of Livestock and Produce Bill (Senate Bills No.12 of 2023) and its approval thereof with amendments.

Question put and agreed to)

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 2 of the Bill be amended by inserting the following definition immediately after the definition of “identifier” — “Inspector” means the person designated as an inspector under section 15; (Question of the amendment proposed) The Temporary Chairperson (

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

Division will be at the end. Hon. Members, we are done with the Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) . Therefore, we will move to Order No.15.

Mr. Temporary Chairperson, Sir, I beg to move that the Committee of the Whole do report to the Senate its consideration of The Public Service

(Amendment)

Bill

(National Assembly Bills No.46 of 2022)

and its approval thereof with amendments.

Serjeant-at-Arms, you may draw the Bar and open the Doors.

Hon. Senators, please settle down so that the Chairperson can report progress on the Coffee Bill (Senate Bills No.10 of 2023) .

Sen. Wakili Sigei, you may proceed.

Mr. Temporary Speaker, I now wish to report that the Committee of the Whole has considered the Coffee Bill (Senate Bills No.10 of 2023) , and its approval thereof with amendments.

Thank you. I now call upon the Mover to move.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee of the Whole on the said Report and I call on the Senate Majority Leader, Sen. Cheruiyot to Second.

Madam Temporary Speaker, I second.

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

Madam Temporary Speaker, I beg to move that the Coffee Bill (Senate Bills No.10 of 2023) , be now read a Third Time.

I call upon the Senate Majority Leader, Sen. Cheruiyot, to second.

Madam Temporary Speaker, I second.

Madam Temporary Speaker, I wish to report that Committee of the Whole has considered the Prevention of Livestock and Produce Bill (Senate Bills NO. 12 of 2023) , and its approval thereof with amendments.

Apologies for that Senators.

Division will be 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) The Temporary Chairperson (

Who is seconding?

Madam Temporary Speaker, I second.

I invite the Mover to proceed and move.

Division will be and the end Clause 4 The Temporary Chairperson (

Madam Temporary Speaker, I beg to move that the Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) be now read a Third Time.

I invite Sen. Olekina to second.

The Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights, Sen. Veronica Maina to move.

Mr. Temporary Chairperson, Sir, there is a more elaborate proposal that has been made in respect of this same Clause and so, I wish to withdraw what has been proposed in Order Paper and the same amendment be dropped. (Proposed amendment to Clause 4 by

Sen. Osotsi, please, proceed. (Sen. Osotsi stood up in his place) Very well, Sen. Osotsi, resume you seat. I will invite you when we get to Clause

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 4 of the Bill be amended by deleting paragraph (e) and substituting therefor the following new paragraph –

Mr. Temporary Chairperson, Sir, I beg to move - THAT, the Bill be amended by inserting the following new clause immediately after clause 5 – 5A. The principal Act be amended by inserting the following new section immediately after section 32 –

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

I request Senator for Nyandarua County to second.

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

(a)

The Temporary Chairperson

(Wakili Sigei)

: Division will be at the end. Clause 2

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 2 of the Bill is amended by deleting the definition of the term “authorized officer” and substituting therefor the following new definition— "authorized officer" means an officer appointed within the public service or service Commission to perform a human resource management function within the public service or service Commission.

Madam Temporary Speaker, I second.

Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Murango, Kirinyaga County;Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Olekina, Narok County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Thang’wa, Kiambu County; Sen. Wakili Sigei, Bomet County;and, Sen. Wafula, Bungoma County.

Madam Temporary Speaker, I second.

Hon. Members, these are the results of the division-

Madam Temporary Speaker, I second.

Hon. Members, let us now prepare for the next vote on all Clauses.

Thank you, Sen. Wakili Sigei. I invite the Mover to proceed.

Who is seconding?

Hon. Senators, the results of the Division are as follows-

Hon. Senators, the results of the Division are as follows-

Please give him the microphone.

The “Ayes” have it.

Sen. Mwaruma, Taita Taveta County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County;Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; and, Sen. Wakili Sigei, Bomet County.The Temporary Chairperson (

Hon. Senators, these are the results on Division on Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) -

The Temporary Chairperson (

We are now going to the last Division on the Public Service (Values and Principles) (Amendment) Bill (National Assembly Bills No.46 of 2022)The first Division is on clauses with amendments. (Question put) Hon. Members, you may proceed to cast your vote.

The Temporary Chairperson (

Hon. Senators, these are the results on the Division for the Public Service

(Amendment)

Bill

(National Assembly Bills No.46 of 2022)

.

Hon. Senators, the results of the Division are:

Mr. Chairperson, I beg to move that the Committee do report to the Senate in consideration of the Coffee Bill (Senate Bills No.10 of 2023) and its approval thereof with amendments.

Hon. Senators, we are now proceeding to the second Bill, the Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) .

I call upon the Mover, Sen. Cheruiyot to move.

Madam Temporary Speaker, I beg to move- THAT, AWARE THAT the Sacco Societies

Order, 2023 Legal Notice No.178 of 2023 were tabled in the Senate on 15th November, 2023 and referred to the Select Committee on Delegated Legislation for consideration;

RECOGNIZING THAT this Order relates to imposition of a levy on non-deposit taking Sacco societies;

COGNIZANT THAT Section 5 of the Statutory Instruments Act

requires that before a regulation making authority makes a statutory instrument that has a direct or substantial indirect effect on business, the regulation making authority must make appropriate consultations with persons likely to be affected by the proposed instrument;

REALIZING THAT the 28 sitting days’ timeline for consideration of the Regulations lapses on Thursday, 21st March, 2024, and yet the Committee has not been able to complete its work within the duration;

NOW THEREFORE, the Senate resolves to extend the timeline for the consideration of the Sacco Societies

, 2023

by a further twenty-one days pursuant to section 15

(3)

of the Statutory Instruments Act to enable the Committee consider the regulations and engage with all stakeholders and make its determination on or before Thursday, 11th April, 2024.

Mr. Speaker, Sir, the Senate Committee on Delegated Legislation is established under Standing Order No.195 of the Senate Standing Orders and is charged with the responsibility to scrutinize statutory instruments laid before the House, pursuant to Standing Order No.195 (3) (a) and (d) .

The committee is mandated to consider, in respect of any statutory instrument, whether it infringes on fundamental rights and freedom of the public and contains imposition of taxation. The Sacco Societies as specified in Non-Deposit Taking Levy Order 2023, Mr. Speaker, Sir, was gazetted on 2nd November---

Mr. Temporary Chairperson, Sir, I beg to move that the Committee of the Whole do report to Senate its consideration of The Parliamentary Powers and

Proceed.

Mr. Temporary Chairperson, Sir, I beg to move that the Committee of the Whole do report to the Senate its consideration of The Public Service

(Amendment)

Bill

(National Assembly Bills No.46 of 2022)

and its approval thereof with amendments.

Hon. Senators, I will now propose the question.

There is one request from Sen. Cherarkey.

Sen. Cherarkey, have you dropped that request?

It was a mistake. Hon. Senators, I see no request to debate on this Motion. So, I now put the Question.

Next Order. Proceed, Sen. Wafula Wakoli.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee of the Whole on the said Report and I call on the Senate Majority Leader, Sen. Cheruiyot to Second.

Madam Temporary Speaker, I second.

The Bill also has an element of arbitration. The Chief Justice (CJ) has the opportunity to select a team to arbitrate cases of misunderstanding, mitigate conflict among stakeholders and bring sanity to the industry.

Madam Temporary Speaker, the Bill introduces the Sugar Board, which at some point, disappeared from existence. The board will ensure that the regulations are instilled and maintained. It will also ensure the regulations pertaining to the industry are adhered to without any intimidation from any quarter.

Kenyans have been waiting for a sugar board that will dictate and give signals to the country on the amount or levels of sugar in the country. If the levels go down, the board will advise the country that the sugar is not enough and, therefore, open the gates of importation.

The quality of sugar imported will be advised by the board. Therefore, the Sugar Bill comes in handy to ensure that farmers have an opportunity to benefit from out- grower institution, cooperatives, farm imputs and extension services.

The county governments have a role to play in this Bill. They shall ensure that the seedlings and extension services are provided, the roads and infrastructure catered to and equally whatever The Sugar Board advices is implemented.

This Bill has an aspect of inspectors who will ensure that the millers run factories within the required expectations according to the law. They will also ensure that the farmers and workers are treated well, the hygiene situations in the millers are up to standard. Whoever goes against the expectations will be closed down.

This is a new term, level and beginning for this country. We traversed Kakamega, Busia, Nyanza and Bungoma. The people of Nyanza and Nandi assembled in Chemelil. This Senate does not enjoy the comfort of resources being seen outside there.

We did not have a chopper to fly us everywhere. We persevered in the rickety vehicles that we have been provided with by the Senate. We went across the country and Kenyans who attended our public participation fora, for the first time agreed that Senate puts the farmer as number one on the list.

I thank you.

Sen. Wafula, when we resume you will have a balance of 54 minutes to proceed with the Motion that you are moving right now.

Madam Temporary Speaker, I second.

Madam Temporary Speaker, I wish to report that Committee of the Whole has considered the Prevention of Livestock and Produce Bill (Senate Bills NO. 12 of 2023) , and its approval thereof with amendments.

Apologies for that Senators.

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

Who is seconding?

I request Sen. Ali Roba to second.

Madam Temporary Speaker, I second.

I invite the Mover to proceed and move.

Madam Temporary Speaker, I beg to move that the Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) be now read a Third Time.

I invite Sen. Olekina to second.

Madam Temporary Speaker, I second.

The division will be at the end.

I invite the Chairperson of the Food and Feed Safety Control Co-Ordination Bill (National Assembly Bills No. 21 of 2023) to report.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Food and Feeds Safety Control Co- Ordination Bill (National Assembly Bills No.21 of 2023) , and its approval thereof with amendments.

I invite the Mover to proceed.

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

I request Senator for Nyandarua County to second.

Madam Temporary Speaker, I second.

The division will be at the end. I invite the Mover to proceed and request for Third Reading.

Madam Temporary Speaker, I beg to move that the Food and Feed Safety Control Co-ordination Bill (National Assembly Bills No. 21 of 2023) , be now read a Third Time.

I request the Senator for Nakuru County to second.

Madam Temporary Speaker, I second.

Thank you, Sen. Tabitha Keroche.

Division will be at the end.

Hon. Senators, we will now move to the next Bill. The Chairperson, Sen. Wakili Sigei is to report on the Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No.37 of 2023).

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No.37 of 2023) and its approval thereof with amendments.

I call upon the Mover.

Madam Temporary Speaker, I beg to move that the Senate do agree with the Committee of the Whole in the said report.

I request Sen. Sifuna to second.

Madam Temporary Speaker, I second.

I call upon the Mover to proceed and move it for Third Reading.

Madam Temporary Speaker, I beg to move that the Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No.37 of 2023) be now read a Third Time.

I request Sen. Olekina to second.

Madam Temporary Speaker, I second.

The division will be at the end. I invite the Chairperson to report on the Public Service

(Amendment)

Bill

(National Assembly Bills No.46 of 2022)

.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Public Service

(Amendment)

Bill

(National Assembly Bills No.46 of 2022)

and its approval thereof with amendments.

Thank you, Sen. Wakili Sigei. I invite the Mover to proceed.

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

Who is seconding?

Madam Temporary Speaker, I apologize. I invite Sen. Thang’wa, the miracle Senator, to second.

Turn on the microphone for Sen. Thang’wa to second.

Madam Temporary Speaker, I second.

I invite the Mover.

Madam Temporary Speaker, I beg to move that the Public Service

(Amendment)

Bill

(National Assembly Bills No.46 of 2022)

, be now read a Third Time.

I request Sen. Faki to second.

Please give him the microphone.

Madam Temporary Speaker, I second.

Division will be at the end. Serjeant-at-Arms, can you ring the Division Bell for five minutes.

Serjeant-at-Arms, you can stop the bell, draw the bars and close the doors. We will vote electronically.

Hon. Senators, you may settle down so that we can proceed to Division.

Hon. Senators, please, settle down so that I put the Question.

We have a very short time to vote so proceed to vote. Serjeant-at-Arms, check any unattended cards.

Secretariat, check so that we can move into the next division. Confirm whether all the Senators in the Chamber have voted.

I will put the question on the Coffee Bill.

(Question put) The results will be announced at the end, so we will go to the next Bill. I will not put the Question.

(Question put) Please, proceed to vote. Secretariat, please confirm that all the Senators in the Chamber have voted.

Hon. Senators, we are moving to the next Division on the Food and Feed Safety Control Co-Ordination Bill (National Assembly Bills No. 21 of 2023).

(Question put) You may proceed to vote.

Secretariat, please cross-check whether all the Senators in the Chamber have voted.

Sen. Gataya Mo Fire, where are you? Please approach the Clerk’s desk.

We are proceeding with the third Division for the day, the Public Service

(Amendment)

Bill

(National Assembly Bills No. 46 of 2022)

and I will put the Question. You may proceed to vote.

Clerk, please cross-check. Sen. Mo Fire, approach the Clerk’s desk. (Sen. Gataya Mo Fire approached the Clerks-at-the-Table) Serjeant-at-Arms, you can open the Doors and draw the Bars.

Hon. Senators, these are the results on Division on Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) -

Hon. Senators, these are the results on the Division on the Food and Feed Safety Control Co-ordination Bill (National Assembly Bills No.21 of 2023) -

Hon. Senators, these are the voting results on the Division on the Parliamentary Powers and Privileges Bill (Senate Bills No.37 of 2023) .

Hon. Senators, these are the results on the Division for the Public Service

(Amendment)

Bill

(National Assembly Bills No.46 of 2022)

.

Hon. Senators, that is the end of the Division. I will now reorganize the Order Paper and request the Clerk to move to order Nos. 8 and 9.

I call upon Sen. Gataya Mo Fire, the Chairperson of the Committee on Delegated Legislation, to move the Motion.

Madam Temporary Speaker, I beg to move- THAT, AWARE THAT the Sacco Societies

Order, 2023 Legal Notice No.178 of 2023 were tabled in the Senate on 15th November, 2023 and referred to the Select Committee on Delegated Legislation for consideration;

RECOGNIZING THAT this Order relates to imposition of a levy on non-deposit taking Sacco societies;

COGNIZANT THAT Section 5 of the Statutory Instruments Act

requires that before a regulation making authority makes a statutory instrument that has a direct or substantial indirect effect on business, the regulation making authority must make appropriate consultations with persons likely to be affected by the proposed instrument;

REALIZING THAT the 28 sitting days’ timeline for consideration of the Regulations lapses on Thursday, 21st March, 2024, and yet the Committee has not been able to complete its work within the duration;

NOW THEREFORE, the Senate resolves to extend the timeline for the consideration of the Sacco Societies

, 2023

by a further twenty-one days pursuant to section 15

(3)

of the Statutory Instruments Act to enable the Committee consider the regulations and engage with all stakeholders and make its determination on or before Thursday, 11th April, 2024.

Mr. Speaker, Sir, the Senate Committee on Delegated Legislation is established under Standing Order No.195 of the Senate Standing Orders and is charged with the responsibility to scrutinize statutory instruments laid before the House, pursuant to Standing Order No.195 (3) (a) and (d) .

The committee is mandated to consider, in respect of any statutory instrument, whether it infringes on fundamental rights and freedom of the public and contains imposition of taxation. The Sacco Societies as specified in Non-Deposit Taking Levy Order 2023, Mr. Speaker, Sir, was gazetted on 2nd November---

Sen. Mo Fire, I know it is late in the day and your energies may be going down, but there is no Speaker, Sir, right now. It is me on the Chair.

Sorry, Madam Temporary Speaker. It is not that extraneous.

Proceed.

The Sacco Societies specified Non-Deposit Taking Business Levy Order 2023 was gazetted on 2nd November by Legal Notice No.178 of 2023 and tabled in the Senate on 8th November, 2023. The Levy Order was enacted pursuant to Section 15 (1) of the Sacco Societies Act No.14 of 2008.

The section provides that authority may be by order published in a gazette to impose a levy to be known as Sacco Societies Levy on the deposit held in deposit-taking Sacco Societies or on such other base as the authority may determine in the case of Sacco Societies carrying out non-deposit taking business specified under Section 3 (2) .

The committee made the Sacco Societies Regulatory Authority on 7th March,

Madam Temporary Speaker, this is a fair request by the committee. They need more time. Therefore, I wish to request the House to agree with the request by the committee.

I beg to second.

Hon. Senators, I will now propose the question.

There is one request from Sen. Cherarkey.

Sen. Cherarkey, have you dropped that request?

It was a mistake. Hon. Senators, I see no request to debate on this Motion. So, I now put the Question.

Next Order. Proceed, Sen. Wafula Wakoli.

Thank you, Madam Temporary Speaker. I beg to move that the Sugar Bill (National Assembly Bills No. 34 of 2022) be now read a Second Time.

This has been a contentious Bill for many years. Many political activists, political leaders, and business people have taken Kenyans round in circles just to meet their political appetite and business agenda.

Madam Temporary Speaker, the Standing Committee on Agriculture, Livestock and Fisheries led by my Chairman the Senate Majority Leader and I, the co-sponsor of the Bill, decided to turn a new leaf in the history of this country and the sugar industry, that we put to rest the political gymnastics around the sugar industry.

The sugar industry is not a political platform to resurrect political dimwits or a political mortuary where morticians will want to find relevance to resurrect their political lives. That is why yours truly the Senator of Bungoma County came up with this Bill to ensure that we bring sanity to this industry.

The Bill talks of zones or catchment areas where the industry players, factories or millers have an area of operation. Their sugarcane can be harvested from a particular area without traversing from Narok to Busia County just to get sugarcane.

As you know, the price of sugar is constant. This Bill has an element of a pricing committee where the tonnage of sugar is going to be determined based on the current cost of production.

The Bill also has an element of arbitration. The Chief Justice (CJ) has the opportunity to select a team to arbitrate cases of misunderstanding, mitigate conflict among stakeholders and bring sanity to the industry.

Madam Temporary Speaker, the Bill introduces the Sugar Board, which at some point, disappeared from existence. The board will ensure that the regulations are instilled and maintained. It will also ensure the regulations pertaining to the industry are adhered to without any intimidation from any quarter.

Kenyans have been waiting for a sugar board that will dictate and give signals to the country on the amount or levels of sugar in the country. If the levels go down, the board will advise the country that the sugar is not enough and, therefore, open the gates of importation.

The quality of sugar imported will be advised by the board. Therefore, the Sugar Bill comes in handy to ensure that farmers have an opportunity to benefit from out- grower institution, cooperatives, farm imputs and extension services.

The county governments have a role to play in this Bill. They shall ensure that the seedlings and extension services are provided, the roads and infrastructure catered to and equally whatever The Sugar Board advices is implemented.

This Bill has an aspect of inspectors who will ensure that the millers run factories within the required expectations according to the law. They will also ensure that the farmers and workers are treated well, the hygiene situations in the millers are up to standard. Whoever goes against the expectations will be closed down.

This is a new term, level and beginning for this country. We traversed Kakamega, Busia, Nyanza and Bungoma. The people of Nyanza and Nandi assembled in Chemelil. This Senate does not enjoy the comfort of resources being seen outside there.

We did not have a chopper to fly us everywhere. We persevered in the rickety vehicles that we have been provided with by the Senate. We went across the country and Kenyans who attended our public participation fora, for the first time agreed that Senate puts the farmer as number one on the list.

I thank you.

Sen. Wafula, when we resume you will have a balance of 54 minutes to proceed with the Motion that you are moving right now.