Tuesday, 19th November, 2024

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

Hon. Senators, we do have quorum now. So, we will proceed with the day’s business. Clerk, proceed to call the first Order.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Tuesday, 19th November, 2024-

The state of the Judiciary and Administration of Justice Report for Financial Year 2023/2024.

The next one is by the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries, or any Member of that committee.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Tuesday, 19th November, 2024-

Report of the Standing Committee on Agriculture, Livestock and Fisheries on its consideration of the National Assembly Amendments to the Cotton Industry Development Bill (Senate Bills No.5 of 2023) .

The next one is by the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations, or any Member of the committee to proceed.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Tuesday, 19th November, 2024-

Report of the Standing Committee on National Security, Defence and Foreign Relations on its consideration of the National Disaster Risk Management Bill (National Assembly Bills No.24 of 2023) .

Order, Senator for Nandi.

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

THAT, the National Assembly amendments to the Cotton Industry Development Bill (Senate Bills No. 5 of 2023) be now considered.

I thank you.

Proceed, Senate Majority Leader.

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

THAT, pursuant to the provisions of Article 127 (2) (c) (i) of the Constitution, the Senate approves the nomination of Sen. Wahome Wamatinga, MP, for appointment to the Parliamentary Service Commission to fill the vacancy occasioned by the resignation of Sen. John Nderitu Kinyua, MP.

Let us go to the next Order.

We will start with Statements pursuant to Standing Order No.53 (1) .

Senator for Nandi, you may proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 53 (1) to seek a statement from the Standing Committee on Trade, Industrialization and Tourism regarding the quality and standards of cement in the Kenyan market.

In the statement, the Committee should-

Hon. Karen Nyamu, please proceed. Is Sen. Nyamu not in the House? That statement is dropped.

Thank you, Mr. Speaker, Sir. I would like to contribute to the statement by Sen. Cherarkey in regards to the standard of the cement quality in this country. This is a key issue since housing is one of the basic needs. The cement factor plays a key role.

If the agencies that are allowed and mandated to ensure quality standards are adhered, specifically KeBS, indicate that we have unscrupulous business people bringing in substandard cement into the country, then they jeopardise the standards that have been set by the National Construction Authority (NCA) as far as the standard of housing in this country is concerned.

Mr. Speaker, Sir, one of the manifestos for the Kenya Kwanza Government is the housing project. Therefore, noting that there are issues with the standard of the cement in the country is a concerning issue. So, it is high time that a committee is mandated to embark and give this House feedback as to why we have substandard cement. At the same time, in the market, the cost of cement is very high.

Right, now cement is retailing at Kshs850. The cost has gone very high. If the cost is high and still we are being informed that the same cement is not up to the standards, then it worries us as a country as to the kind of structures that we will have in future.

We have seen buildings in Nairobi City County collapsing. Is this the cause? The KeBS should ensure the set standards are adhered to.

Thank you, Mr. Speaker, Sir.

Sen. Okoiti Omtatah.

Thank you, Mr. Speaker. Sir. I rise to contribute to the statement by Sen. Cherarkey, the great from Nandi County.

The quality of cement is important and should not be compromised because cement is shelter. It is everything we have in terms of building homes that are lasting and urbanization, especially in Kenya, where the next frontier is urbanization as a way of combating poverty. We need good quality cement at affordable prices.

Mr. Speaker, Sir, this statement comes at a very opportune time for us. I hope that the committee that will look into it will dig in and ferret out whoever is behind cement that does not meet the standards that have been set by the KeBS. These standards are regularly revised and they are up to date. The least any businessman can do to this country is to ensure adherence to the KeBS standards.

We have seen buildings collapsing in this country as my fellow Senator who has contributed before me has stated. That is mostly not because of poor design, but poor materials. There might be a problem with workmanship, but materials are key.

We must make sure that we have the right material. In this country, when constructions are going on, some contractors have to import cement from their homeland. I always wondered why the Chinese come with their own cement to do certain projects in this country. Is it that the cement made in Kenya is substandard or are our standards not to international levels?

Mr. Speaker, Sir, if there are standards that need to be set to achieve higher quality cement that can do specialised jobs like underwater construction and so on, then we need to have those standards set. We do not have to import cement when we have enough raw material to manufacture whatever cement we require.

Another important thing is that if the standards are upheld to make sure that the cement in Kenya; be it imported or locally made, meets the international standards. This is the only way we will be in a position to get ourselves into the regional and even international market as net exporters of cement. This is an area of growth and job creation. Therefore, this country needs to focus on this area if we aim to be a manufacturing country.

It is with cement that skyscrapers are constructed. When I walk around Kenyatta International Convention Centre (KICC) , I do not see a crack. However, when you look at some modern buildings, they already have cracks. You wonder whether it is the quality of cement. More so, the Bunge Tower is already cracked. Was it the quality of cement? Did they bring in some substandard cement or what was it?

We need to get this thing answered well and in a timely manner. Going forward, when you go to a shop in any part of this country to buy cement, we want to buy cement that is certified and suitable for modern construction.

If you look at the Raila Odinga, or is it Mbagathi Highway, although I still do not know which is the correct name for it, I will consult Sen. Cherarkey baadaye--- You will find that road was done using cement. For those of us who use it, that road has remained

steady for a long time. It was supposed to be a pilot project. We do not know whether the issue was shelved or not. Therefore, we may need to move away from bitumen and embrace more cement in our roads. This is so that we build proper roads.

I am also aware of the fact that heavy trucks that are known for damaging our roads are not using Mbagathi Road. Nonetheless, it is a road that has withstood time. Subsequently, the quality of cement is a very important point for me and for this Republic.

Mr. Speaker, Sir, I support that statement. As I contribute, I pray that the committee to which it has been committed, does thorough work, beginning with establishing whether our standards are up to scratch. There will be no point of holding it to a standard that is not up to scratch. Let us hold our standards to the best in the world. Let them pass muster, check and see whether the cement we have is up to those standards.

With those few remarks, I support the statement.

Hon. Senators, the 15 minutes allowable under our Standing Orders have long been expended, therefore, we will rest the interventions there.

Now, Hon. Wakili Sigei, you had a statement under Standing Order No.52. Proceed.

Thank you, Mr. Speaker, Sir. I thank you for graciously allowing me to read this statement that I had earlier on been left out.

I rise to seek for a statement on the critical inefficiencies, mismanagement and corruption at Longisa County Referral Hospital in Bomet County and the Bomet County Health System.

Mr. Speaker, Sir, this statement is pursuant to Standing Order No.53 (1) . The level of inefficiency and management resulted in the tragic avoidable death at the County Referral Hospital on Sunday, the 10th of November, 2024, of one baby Diana Chepngeno, a three-year-old girl from Koitabai Village in Bomet County who had suffered severe venom-induced injuries from a bee sting.

It is claimed that the hospital staff demanded Kshs5,000 from the family; an illegal fee disguised as a prerequisite for accessing crucial hospital services before they could provide the urgent medical care that was needed. This is not an isolated incident and is a blatant display of the rot of corruption that has plagued the county's service delivery system.

It should be noted that during a recent appearance before the Senate County Public Investments and Special Funds Committee (CPISFC) , the Governor of Bomet boasted of Longisa Hospital's capacity, asserting that it operates effectively as a Level 5 facility. The governor's confident statements sharply contrast with the harsh reality faced

by patients and raise questions about the true state of health care services at the said hospital and the county at large.

In the statement, the Committee should–

Sen. (Dr.) Khalwale, you may proceed. The Senate Majority Leader, you may proceed.

Would you like me to move it for you, Sir.

I do not trust the Senator for Kakamega with certain assignments, but he is a good man.

straightforward matter. I request the Leader of Minority, Sen. Stewart Madzayo to second.

Thank you, Mr. Speaker, Sir, I beg to second.

Hon. Senators, I will now propose the question.

Hon. Senators, the Floor is open for debate, but this is procedural. With your concurrence, if you allow me, I will proceed to put the question.

Thank you, hon. Senators. Since this is a matter that does not concern counties, it will be a voice vote. I will proceed to put the question.

Clerk, you may proceed to call the next Order.

Hon. Senators, pull out the delegates' cards from the units. Serjeant-at-Arms, kindly pick any unattended cards from the units.

Serjeant-at-Arms, are you done? Good, now hon Senators, you may now log back into the delegate unit and vote from now.

Sen. Nyutu, proceed to the Dispatch Box and cast your vote. Sen. Beth Syengo, take your seat.

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

Hon. Senators, I now put the Question on Order No.10.

Can the system be made ready for voting? You may now proceed to vote, Hon. Senators.

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

May the system be ready for voting.

The Senator for Nandi County and the Senate Majority Leader, please proceed to the Dispatch Table and vote.

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

In order to bring clarity, a yes vote means you are approving the mediated version of the Bill. That is what the committee recommended to the House. So, let us be very clear on how we will be voting.

Clerk, where is the system?

Hon. Senators, you can now proceed to vote.

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

Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

Hon. Senators, we are proceeding to read the next order, that is on Bills that are on the Committee of the Whole. Clerk, kindly read out Order Nos.15, 16, 17 and 18.

Turkana County; Sen. Madzayo, Kilifi County; Sen. Mungatana, MGH, Tana River County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Murgor, West Pokot County; Sen. Ogola, Homa Bay County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi County; Sen. Tabitha Keroche, Nakuru County; Sen. (Prof.) Tom Ojienda Odhiambo, SC Kisumu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; Sen. Wambua, Kitui County.

AYES: Sen. Abass, Wajir County; Sen. Boy, Kwale County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Joe Nyutu, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang, Elgeyo-Marakwet County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mungatana, Tana River County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Murgor, West Pokot County; Sen. Ogola, Homa Bay County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi County; Sen. Tabitha Keroche, Nakuru County; Sen. (Prof.) Tom Ojienda Odhiambo, SC, Kisumu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

Ogola, Homa Bay County; Sen. Oketch Gicheru, Mogori County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Tabitha Keroche, Nakuru County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

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

Hon. Members, we are now going to report to the Senate its consideration on the four Bills: The Meteorology Bill (Senate Bills No.45 of 2023), the National Construction Authority (Amendment) Bill (National Assembly Bills No.59 of 2022), the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bills No.45 of 2022) and the Election Offences (Amendment) (No.2) Bill (Senate Bills No.28 of 2024).

I call the Senate Majority Leader to move for the Committee to report to the House its consideration of the Meteorology Bill (Senate Bills No.45 of 2023).

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the Meteorology Bill (Senate Bills No.45 of 2023) and its approval thereof with amendments.

The Temporary Chairperson

: We will proceed to report to the House consideration of the National Construction Authority

(Amendment)

Bill

(National Assembly Bills No.59 of 2022)

.

Proceed, Mover.

Mr. Temporary Chairman, Sir, I beg to move that the Committee of the Whole do report to the Senate its consideration of the National Construction Authority (Amendment) Bill (National Assembly Bills No.59 of 2022) and its approval thereof with amendments.

Mr. Temporary Chairman, Sir, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Cancer Prevention and Control (Amendment) (No.2) (National Assembly Bill No.45 of 2022) and its approval thereof with amendments.

Mr. Temporary Chairman, Sir, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Cancer Prevention and Control (Amendment) (No.2) (National Assembly Bill No.45 of 2022) and its approval thereof with amendments.

Mr. Temporary Chairperson, Sir, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Election Offences (Amendment) (No.2) Bill (Senate Bill No.28 of 2024) and its approval thereof with amendments.

Hon. Senators, let us have the Chairperson.

Thank you, Madam Temporary Speaker. I beg to report that the Committee of the Whole has considered the Meteorology Bill (Senate Bill No.45 of 2023) and its approval thereof with amendments.

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

I request Sen. Eddie Oketch to second.

I second.

I call upon the Mover of the Meteorology Bill (Senate Bills No.45 of 2023).

I call upon the Mover of the Meteorology Bill (Senate Bills No.45 of 2023).

Madam Temporary Speaker, I beg to Move that The Meteorology Bill (Senate Bill No.45 of 2023) be now read a Third Time. I request the Senator for Nairobi to second.

Madam Temporary Speaker, I beg to second.

I call upon the Chairperson to Report on The National Construction Authority (Amendment) Bill (National Assembly Bills No.59 of 2022) .

I call upon the Chairperson to Report on The National Construction Authority (Amendment) Bill (National Assembly Bills No.59 of 2022) .

Thank you, Madam Temporary Speaker. I beg to report that the Committee of the Whole has considered The National Construction Authority (Amendment) Bill (National Assembly Bills No.59 of 2022) and its approval thereof with amendments.

I call upon the Mover, the Senate Majority Leader.

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

Sen. Osotsi, proceed. He did not second. I want to hear his voice.

Madam Temporary Speaker, I second.

I call upon the Mover.

Madam Temporary Speaker, I beg to move that The National Construction Authority (Amendment) Bill (National Assembly Bills No.59 of 2022) be now read a Third Time. I request

Hon. Senators, we are moving to the third Bill - The Cancer Prevention and Control Amendment (No.2) Bill (National Assembly Bills No.45 of 2022).

I call upon the Chairperson to report on The Cancer Prevention and Control Amendment (No.2) Bill (National Assembly Bills No.45 of 2022).

Madam Temporary Speaker, I beg to second. (Question proposed)

Thank you, Madam Temporary Speaker. I beg to report that the Committee of the Whole has considered The Cancer Prevention and Control Amendment (No.2) Bill (National Assembly Bills No.45 of 2022) and its approval thereof with amendments.

Hon. Senators, we are moving to the third Bill - The Cancer Prevention and Control Amendment (No.2) Bill (National Assembly Bills No.45 of 2022).

I call upon the Chairperson to report on The Cancer Prevention and Control Amendment (No.2) Bill (National Assembly Bills No.45 of 2022).

Sen. Lomenen, proceed.

Madam Temporary Speaker, I second.

I call upon the Mover.

Madam Temporary Speaker, I beg to Move that The Cancer Prevention and Control Amendment (No.2) Bill (National Assembly Bills No.45 of 2022) be read a Third Time. I request Sen. Githuku to second.

Madam Temporary Speaker, I beg to second.

Division will be at the end. I call upon the Chairperson to report on The Election Offences (Amendment) (No.2) Bill (Senate Bills No.28 of 2024)

Madam Temporary Speaker, I beg to Move that The Cancer Prevention and Control Amendment (No.2) Bill (National Assembly Bills No.45 of 2022) be read a Third Time. I request Sen. Githuku to second.

Madam Temporary Speaker, I beg to second.

Division will be at the end. I call upon the Chairperson to report on The Election Offences (Amendment) (No.2) Bill (Senate Bills No.28 of 2024)

Thank you, Madam Temporary Speaker. I beg to report that the Committee of the Whole has considered The Election Offences (Amendment) (No.2) Bill (Senate Bills No.28 of 2024) and its approval thereof with amendments.

I call upon the Mover, Senate Majority Leader.

I call upon the Mover.

Madam Temporary Speaker, I beg to move that The Election Offences (Amendment) (No.2) Bill (Senate Bills No.28 of 2024) be read a Third Time. I request Sen. Faki to second.

Madam Temporary Speaker, I second.

Hon. Senators, the Division will be at the end.

Hon. Senators, we are now going to Division. We humbly request you to not walk out. The Division Bell will be rung for three minutes. I request Senators in the Lounge and those within the precincts of Parliament to come into the Chamber so that they can vote. Kindly do not walk out.

Serjeant-at-Arms, kindly ring the Division Bell.

Hon. Senators, the three minutes are over. Serjeant-at-Arms, kindly ring the Division Bell for another two minutes.

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

Hon. Senators, we are now proceeding to Division. Sen. Sifuna, Sen. Cherarkey and Sen. Mundigi, please resume your seats. Sen. (Dr.) Khalwale also on the animated conversation. Sen. Tabitha Mutinda, kindly resume your seat.

Madam Temporary Speaker, I beg to move that The Election Offences (Amendment) (No.2) Bill (Senate Bills No.28 of 2024) be read a Third Time. I request Sen. Faki to second.

Sen. Cherarkey, please resume your seat. We are proceeding to Division on the Cancer prevention and Control Amendment No.2 Bill (National Assembly Bills No.45 of 2022).

Please make sure that you are logged in, ready to vote. You may proceed.

Hon. Senators, the Division will be at the end.

Hon. Senators, we are now going to Division. We humbly request you to not walk out. The Division Bell will be rung for three minutes. I request Senators in the Lounge and those within the precincts of Parliament to come into the Chamber so that they can vote. Kindly do not walk out.

Serjeant-at-Arms, kindly ring the Division Bell.

Hon. Senators, the three minutes are over. Serjeant-at-Arms, kindly ring the Division Bell for another two minutes.

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

Hon. Senators, we are now proceeding to Division. Sen. Sifuna, Sen. Cherarkey and Sen. Mundigi, please resume your seats. Sen. (Dr.) Khalwale also on the animated conversation. Sen. Tabitha Mutinda, kindly resume your seat.

Sen. Cherarkey, please resume your seat. We are proceeding to Division on the Cancer prevention and Control Amendment No.2 Bill (National Assembly Bills No.45 of 2022).

Please make sure that you are logged in, ready to vote. You may proceed.

Hon. Senators, these are the results of the Division that we have just done on the Meteorology Bill (Senate Bills No. 45 of 2023) -

(Question, that the National Construction Authority (Amendment) Bill (National Assembly Bills No.59 of 2022) be read a Third Time, put and the Senate proceeded to

vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chute, Marsabit County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kisang, Elgeyo Marakwet County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Oburu, Siaya County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi County; Sen. Tabitha Keroche, Nakuru County; Sen. (Prof.) Tom Ojienda Odhiambo, SC Kisumu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

Hon. Senators, these are the results of Division on the National Construction Authority (Amendment) Bill (National Assembly Bills No.59 of 2022) , the results of the Division are as follows-

Sen. Githuku, the Senator for Lamu County, take your seat, please.

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

Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended by deleting Clause 3 and substituting therefor the following new clause- Objects of the Act

Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended in clause 4 –

Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended by deleting clause 5 and substituting therefor the following new clause- Composition of the Board

Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended in clause 6 by deleting the words “and it may establish branches in other counties” appearing immediately after the words “be in Nairobi”. (Question of the amendment proposed) The Temporary Chairperson (

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

(1)

by deleting the words “carrying on” appearing immediately after the words “the course of” and substituting thereof with words “carrying out”.

The Temporary Chairperson

: Division will be at the end. Clause 17

Division will be at the end. Clause 7

Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended in clause 7 by –

Mr. Temporary Chairperson, I beg to move- THAT the Bill be amended in Clause 22 by inserting the following new proviso immediately after sub-clause

(7)

— Provided that any person or entity that intends to carry on the business of a fire and rescue service consulting firm or fire brigade firm shall apply for and obtain a trade licence from the respective County Government.

The Temporary Chairperson

: Division will be at the end. Clauses 21 - 28

Division will be at the end. I invite Sen. Abass to move his proposed amendment. Clause 29

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 16 of the Bill be amended in subclause (1) by deleting the words “carrying on” appearing immediately after the words “the course of” and substituting thereof with words “carrying out”. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 36 of the Bill be amended in subclause (2) by deleting paragraph

Mr. Temporary Chairperson, Sir, I beg to move- THAT the Bill be amended by deleting Clause 37 and substituting therefor the following new clause—

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 18 of the Bill be amended by deleting paragraph (b) and replacing it with the following –

Mr. Temporary Chairperson, I beg to move- THAT the Bill be amended in Clause 22 by inserting the following new proviso immediately after sub-clause (7) — Provided that any person or entity that intends to carry on the business of a fire and rescue service consulting firm or fire brigade firm shall apply for and obtain a trade licence from the respective County Government. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clauses 21 - 28 (Question, that Clauses 21, 22, 23, 24, 25, 26, 27 and 28 be part of the Bill, proposed) Division will be at the end. I invite Sen. Abass to move his proposed amendment. Clause 29

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 29 of the Bill be amended –

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

THAT the Bill be amended by deleting Clause 3 and substituting therefor with the following new clause –

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

THAT the Bill be amended–

Division will be at the end. Clauses 32 – 35 (Question, that Clauses 32, 33, 34 and 35 be part of the Bill, proposed) Division will be at the end. I invite the Chairperson Standing Committee on National Security, Defense and Foreign Relations to move the proposed amendments. Clause 36

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 36 of the Bill be amended in subclause (2) by deleting paragraph

Mr. Temporary Chairperson, Sir, I beg to move- THAT the Bill be amended by deleting Clause 37 and substituting therefor the following new clause—

Mr. Temporary Chairperson, Sir, I beg to move- THAT the Bill be amended in Clause 2 by –

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

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

Division will be at the end. Clause 1

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

THAT the Bill be amended by deleting Clause 3 and substituting therefor with the following new clause –

THAT the Bill be amended by deleting Clause 11. (Question of the amendment proposed) The Temporary Chairperson (Sen. Wakili Sigei): Division will be at the end. Clause 12

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

Division will be at the end. I call upon the Senate Majority Leader to move the proposed amendments. Clause 6

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

THAT the Bill be amended -

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

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

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

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

Division will be at the end Clause 9

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

THAT the Bill be amended by deleting Clause 11. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 12

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

THAT, the Bill be amended by inserting the following New Clause 7E- Concurrent determination

7E. The determination of the nature of a Bill under section 6(1) shall be concurrent to the determination of the nature of a Bill under section7B (1).

Mr. Temporary Chairperson, I

SCHEDULE (s.20) CERTIFICATE OF JOINT RESOLUTION

Mr. Temporary Chairperson, I

FORM B: Where the Bill does not concern county governments

I certify that this printed impression is a true copy of the Bill as passed by the [Originating House] on ………………………….and by the [other House] on ………………………………………. and that the Speakers jointly resolved the question, pursuant to Article 110(3) of the Constitution, that this is not a Bill concerning county governments in terms of Article 110(1) of the Constitution. Clerk of the [originating House] Speaker of the

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

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

THAT the Bill be amended by deleting Clause 1 and substituting therefor the following new clause –

The Bicameral Legislative

(Procedure)

Bill, 2023.

The Temporary Chairperson

: Division will be at the end.

Mr. Temporary Chairperson, I

Mr. Temporary Chairperson, I

Criteria for determining a special or (vii) the functions of the Independent 7A. A Bill is a special Bill if the Bill- relates to, affects or concerns the election of members of a county assembly or a county executive including-

Mr. Temporary Chairperson, I

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

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

Mr. Temporary Chairperson, I

THAT, the Bill be amended by inserting the following New Clause 7E- Concurrent determination

7E. The determination of the nature of a Bill under section 6(1) shall be concurrent to the determination of the nature of a Bill under section7B (1).

Mr. Temporary Chairperson, I

SCHEDULE (s.20) CERTIFICATE OF JOINT RESOLUTION

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

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

The Temporary Chairperson

: Division will be at the end. Clause 9

Mr. Temporary Chairperson, Sir, I beg to move: - THAT the Bill be amended by deleting Clause 9 and substituting therefor the following new clause- Cooperative Societies Membership. Cap. 490

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 10 of the Bill be amended-

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

Division will be at the end. The Long Title

Mr. Temporary Chairperson, Sir, I beg to move- THAT the Bill be amended by deleting the long title to the Bill and substituting therefor the following new title – AN ACT of Parliament to give effect to Articles 109 (5) , 110 (3) and 114 of the Constitution; to provide the procedure for the Speakers of the National Assembly and the Senate to determine the nature of a Bill; and for connected purposes. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 14 of the Bill be amended in subclause

(3)

by deleting the word “Board” appearing immediately after the word “The” and substituting therefor the following new words “county executive committee member.”

The Temporary Chairperson

: Division will be at the end.

The additional further amendment will be dropped in the absence of the Mover. We will move to the next clause.

Clause 15

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 15 of the Bill be amended by deleting the word “Board” appearing immediately after the words “authorised by the” and substituting therefor the following new words “county executive committee member.”

The Temporary Chairperson

: Division will be at the end. Clause 16

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 16

(3)

of the Bill be amended by deleting the word “nine” appearing immediately after the words “is less than” and substituting therefor the word “thirteen”.

The Temporary Chairperson

: Division at the end. Clause 17

Division will be at the end.

Hon. Members, we are done with the Houses of Parliament Bicameral Relations Bill, (National Assembly Bill No.44 of 2023). We will now move to the Public Transport Motorcycle Regulation Bill (Senate Bills No.38 of 2023).

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 18 of the Bill be amended-

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 19 of the Bill be amended-

What is your point of order, Senate Majority Whip?

Clause 21

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

The Temporary Chairperson

: Division will be at the end. Clause 22

Division will be at the end.

Clause 23

Sen. Veronica is present to hold brief for the Chairperson of the Standing Committee on Roads, Transport and Housing. We will proceed to consider the Public Transport (Motorcycle Regulation) Bill (Senate Bill No.38 of 2023) . Clause 3 (Question, that Clause 3 be part of the Bill, proposed) Division will be at the end. Sen. Veronica, please proceed to move the proposed amendments on behalf of the Chairperson, Standing Committee on Roads, Transport and Housing. Clause 4

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

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 27 of the Bill be amended by deleting the word “these” appearing immediately after the words “any provision of” and substituting therefor the word “this.”

The Temporary Chairperson

: Division will be at the end.

Hon. Senators, in the absence of the Mover, the further amendment to Clause 27 is hereby dropped.

Clause 29

The Temporary Chairperson

: Division will be at the end. New Clause 28A

New Clause 28A is hereby dropped in the absence of the Mover.

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

6C. (1) The office of the Chairperson or a member of the Board shall become vacant if the holder—

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

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

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole report progress on its consideration of The Houses of Parliament (Bicameral Relations) Bill (National Assembly Bills No.44 of 2023) seeks leave to sit again tomorrow.

The Temporary Chairperson

: The third one is by Sen. (Dr.) Khalwale. Kindly proceed.

Division will be at the end. Clause 9

Mr. Temporary Chairperson, Sir, I beg to move: - THAT the Bill be amended by deleting Clause 9 and substituting therefor the following new clause- Cooperative Societies Membership. Cap. 490

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

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 12 of the Bill be amended (a) in subsection (1) —

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 13 of the Bill be amended in subclause in subsection (2) -

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 14 of the Bill be amended in subclause (3) by deleting the word “Board” appearing immediately after the word “The” and substituting therefor the following new words “county executive committee member.” (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. The additional further amendment will be dropped in the absence of the Mover. We will move to the next clause. (Further amendment to Clause 14 dropped) Clause 15

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 15 of the Bill be amended by deleting the word “Board” appearing immediately after the words “authorised by the” and substituting therefor the following new words “county executive committee member.” (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I would like to request the Senator for Kakamega County, Sen (Dr.) Khalwale to second.

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 16 (3) of the Bill be amended by deleting the word “nine” appearing immediately after the words “is less than” and substituting therefor the word “thirteen”. (Question of amendment proposed) The Temporary Chairperson (

Division at the end. Clause 17

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 17 of the Bill be amended in subclause (1) by deleting the word “thirty kilograms for a motorcycles whose carrying capacity does not exceed fifty cc and

Madam Temporary Speaker, I happily beg to move that the House doth agree with the Committee on the said report and request hon. Abbas to second me.

Madam Temporary Speaker, I second.

Division at the end. Clause 18

Hon. Senators, it is now 6.37

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 19 of the Bill be amended-

Clause 21

Mr. Temporary Chairperson, Sir, I beg to move- THAT the Bill be amended by deleting clause 21. (Question of amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 22 (Question, that Clause 22 be part of the Bill, proposed) Division will be at the end. Clause 23

Mr. Temporary Chairperson, Sir, I beg to move - THAT Clause 23 of the Bill be amended -

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 26 of the Bill be amended by deleting the word “County Transport and Safety Board” appearing immediately after the word “The” and substituting therefor the words “county executive committee member”. (Question of amendment proposed) The Temporary Chairperson (

Division will be at the end. The further proposed amendment to Clause 26 is equally dropped in the absence of the Mover. (Proposed further amendment on Clause 26 by

Division at the end. Clause 27

Mr. Temporary Chairperson, Sir, I beg to move- THAT Clause 27 of the Bill be amended by deleting the word “these” appearing immediately after the words “any provision of” and substituting therefor the word “this.” (Question of amendment proposed) The Temporary Chairperson (

Division will be at the end. Hon. Senators, in the absence of the Mover, the further amendment to Clause 27 is hereby dropped. (Proposed amendment to Clause 27 by Sen. Osotsi dropped) Clause 29 (Question, that Clause 29 be part of the Bill, proposed) The Temporary Chairperson (

Division will be at the end. New Clause 28A New Clause 28A is hereby dropped in the absence of the Mover. (Proposed amendment on New Clause 28A by Sen. Osotsi dropped)

New Clause 30

Mr. Temporary Chairperson, Sir, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 29 -

Consequential amendments.

Mr. Temporary Chairperson, Sir, I beg to move- That the Bill be amended by inserting New Schedule

INSERTION OF SCHEDULE SCHEDULE s. 6E CONDUCT OF BUSINESS AND AFFAIRS OF BOARD

The Title and Clause 1

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of The Fire and Rescue Services Professionals Bill (Senate Bills No.55 of 2023) seeks leave to sit again tomorrow. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Sen. Oketch Gicheru, please report on the second Bill.

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole report progress on its consideration of The Houses of Parliament (Bicameral Relations) Bill (National Assembly Bills No.44 of 2023) seeks leave to sit again tomorrow. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

The third one is by Sen. (Dr.) Khalwale. Kindly proceed.

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

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Fire and Rescue Services Professionals Bill (Senate Bills No.55 of 2023) and seeks leave to sit again tomorrow.

Let us have the Mover.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I call upon Sen. Eddie to second.

I second.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Houses of Parliament (Bicameral Relations) Bill (National Assembly Bills No.44 of 2023) and seeks leave to sit again tomorrow.

I call upon the Mover. Sen. Eddie, you can represent the Senate Majority Leader to move the House.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I would like to request the Senator for Kakamega County, Sen (Dr.) Khalwale to second.

Hon. Speaker, Sir, I second.

We are moving to the next Bill.

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

I now call upon the Mover to move in respect of this Bill.

Madam Temporary Speaker, I happily beg to move that the House doth agree with the Committee on the said report and request hon. Abbas to second me.

Madam Temporary Speaker, I second.

Hon. Senators, it is now 6.37