Tuesday, 28th November, 2023

Mr. Clerk, do we have quorum?

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

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

Thank you, Mr. Speaker, Sir. This is a public Petition on the persistent insecurity, cattle rustling, loss of lives and property in Lorroki and Malaso Divisions of Samburu Central Sub County.

I read the Petition on behalf of the petitioners. We, the undersigned citizens of Kenya and residents of Lorroki Division of Samburu County, Samburu Central Sub County, draw the attention of the Senate to the following-

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in Lorroki, Malaso of Samburu Central Sub County.

is presented to bring to the attention of this honourable Senate,

alarming and persistent security challenges faced by residents of the said areas.

economic activities in the affected areas as follows-

conflict.

the rights to life, property and security of persons, residents of Lorroki and Malaso Divisions have been enduring a sustained security crisis for approximately two years now.

learning and closure of schools, displacements of people in residential areas of Amayia and Nasur sub locations leading to severe disruptions in their economic activities. The communities have lost their lives and their normal economic activities have been gravely disturbed. Further, the situation has adversely affected education programmes within the area.

among learners. Teachers also fear travelling to and from schools within the area.

lives have been lost tragically and a significant number of the properties has been damaged or destroyed. This alarming toll on human lives and loss of valuable assets cannot be ignored.

these divisions, their efforts to contain the security situation have yielded little to no success. The current security measures have proven insufficient in providing adequate protection for the residents and their property.

Government to deal with the matter in question has been sluggish and amounts to denial of constitutional rights to the area residents.

before any court of law, constitutional or any other legal body.

relevant authorities, including the Multi Agency Security Forces, the local administration and the Ministry of Interior and National Administration, all of which have not given a satisfactory response to the security situation in Lorroki and Malaso areas of Samburu Central Sub County.

Therefore, your humble petitioners pray to the Senate-

Government agencies with a view to establishing the root causes of the insecurity

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plaguing Lorroki and Malaso divisions and make appropriate recommendations thereon.

considering the significant loss of property and make recommendations for appropriate compensation to the affected individuals and families.

prioritising the enforcement of property rights in order to protect the citizens and their belongings.

for improved connectivity, including development of security roads in the said divisions with a view to enhance rapid response and accessibility by security forces.

policing initiatives through enhanced National Police Reservists (NPR) to empower the residents of this belt to actively participate in their own protection to foster a sense of ownership and collective responsibility for security matters.

students of the victims of cattle rustling from dropping out of schools through payment of school fees, scholarships or offering food for learning activities.

known as Suguta Marmar Sub County as a way to enhance coordination of national Government operations and security provisions in the affected region and make any other recommendation, or action it deems fit, in addressing the plight of petitioners to foster peace, stability and development in the region.

Your Petitioners will forever pray. Thank you, Mr. Speaker, Sir.

Hon. Members, pursuant to Standing Order No.238 (1) , I direct that the Petition be committed to the Standing Committee on National Security, Defence and Foreign Relations. Pursuant to Standing Order No.238 (2) , the Committee has 60 days from today to respond to the Petition by way of report, which must be laid on the Table of the Senate.

Chairperson or any Member of the Committee on Justice, Legal Affairs and Human Rights?

Sen. Dullo, proceed.

Thank you, Mr. Speaker, Sir. I beg to lay the following Petition Reports on the Table of the Senate, today, Tuesday, 28th November, 2023-

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Report to the Senate on a Petition by Mr. Laban Omusundi concerning the enactment of a clause in the Election Laws to ensure that all nominated Members of the County Assembly are voters and residents of the respective counties.

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This is on the basis that the Constitution and statutes anticipated that vacancies would arise in the positions of Deputy President and Deputy Governor. It came up with elaborate mechanisms for how such positions would be filled including the approval of the nominee thereon by the National Assembly or the respective county assembly.

Secondly, in approving such a nominee, the National Assembly and county assembly exercise their delegated powers under Article One of the Constitution, therefore, ensuring legitimacy of the office holders.

Third, the existing process ensures continuity in service delivery, encourages economic and administrative stability and mirrors best practise in the comparative jurisdiction.

The other Petition by the members of the Muindi Mbingu Memorial Ngelani Association concerning historical injustice suffered by residents of the Ngelani area in Machakos County during the colonial period, the finding of the Committee is that appropriate redress to recommend in this case, the Committee observed that there exists various legislative gaps that make it difficult to compensate or pass reparations to victims of historical injustice and gross human life violations.

Consequently, in addition to directing the Kenya National Commission on Human Rights (KNCHR) to make steps to ensure appropriate redress for the victims, the Committee recommends the immediate commencement of steps to be put in place-

rights violations;

compensate victims of historical injustices and gross human rights violations;

anchoring the proposed Restorative Justice Fund under the Public Finance Management Act, 2017; and,

offering reparative measures, including the recognition of heroes and establishment of monuments at the county level.

The other Petition is by Ms. Zipporah Seroney concerning mistreatment, harassment, property loss and human rights violations meted on the family of the late Hon. Jean Marie Seroney. I remember we visited Nandi County as far as this petition is concerned. Arising from the interaction, the Committee adopted the findings and recommendations, which are set out at Chapter Three and Four of the Report. To highlight a few-

family of the late Hon. Jean Marie Seroney, the Committee found that the Petitioner had previously litigated the matter in court, where the State was directed to pay compensation to the petitioner;

land, the Committee found all five counts to not have been substantiated;

national hero, the Committee noted that there exists a legal framework under the Kenya Heroes Act, through which one may be nominated for recognition as a national hero and

Services, Senate. for conferment of honours. Therefore, the Committee recommends that any member of the Seroney family may submit a nomination to the National Heroes Council in accordance with provisions of the said Act.

Thank you, Mr. Speaker, Sir.

Next Order.

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

What is your point of order, Senate Majority Leader?

Mr. Speaker, Sir, it is just a little matter of concern, albeit not in a bad way. Did you notice that the Committee on Justice and Legal Affairs cleared four petitions and brought the reports to the House before the lapse of the 60-day period? I feel this is something so exceptional that it should not go without notice and celebrating the exemplary work of the Committee.

We are not used to such efficiency every day. You know how much you, Mr. Speaker, complain every other afternoon on petitions taking longer than usual. This is just a moment to appreciate the industry of our colleagues who serve in the Committee, at least, there are those who attend Committee meetings. If we were to say everybody, I do not know who attends and who does not. Overall, that Committee led by Sen. Wakili Sigei of Bomet County has worked exemplarily well. As Members of this House, we must celebrate such Committees.

Yes, Sen. Faki, proceed.

Bw. Spika, pia najiunga na Kiongozi wa Wengi kupongeza Kamati ya Sheria na Haki ya Bunge la Seneti kwa kazi nzuri ambayo imefanya. Kusoma ardhilhali tatu kwa muda mfupi uliowekwa wa siku 60, ni kazi kubwa ambayo imefanywa na Kamati hiyo. Sisi wote tunaipongeza.

Pia nimesimama kwa masikitiko kwamba mwezi wa saba nilileta maombi ya taarifa kuhusiana na ukosefu wa huduma za lift na hali ya usafi katika Jumba la Bima, Mjini Mombasa. Kuna pia Taarifa kuhusiana na zabuni zilizotolewa na mashirika ya Kenya Rural Roads Authority (KeRRA) na Kenya Urban Roads Authority (KURA) kwa mji wa Mombasa, miaka kumi iliyopita.

Bw. Spika, Taarifa hizo zilipelekwa kwa Kamati ya Usafiri na Miundo Msingi, lakini, masikitiko ni kwamba mpaka leo, zaidi ya miezi mitano iliyopita, sijapata ripoti yeyote kuhusiana na Taarifa hizo. Sijui Kamati imezembea ama imelala kuhusiana na maswala haya.

Lile jumba la Bima lina wizara karibu tatu za Kaunti ya Mombasa. Inabidi Mawaziri wapande kwa miguu, karibu gorofa saba au nane. Masoroveya wako gorofa ya kumi na mbili na wananchi wanaohitaji huduma za serikali za usoroveya wanapata shida. Hilo jumba halina maji na lina gorofa kuma na nne.

Bw. Spika, ningeomba utupe mwongozo wako kuhusiana na swala hili. Hili ni jambo linakera roho wakaazi wa Mombasa.

Asante.

I thought I saw the Chairperson of the Standing Committee on Roads, Transportation and Housing. Sen. Faki, you will hold for a while

Services, Senate. because we need to get the reason why that Petition has not been responded to five months down the line.

I am told the Vice-Chairperson is here. Could you proceed to explain to us why five months down the line that Petition has not been responded to and when we can have it?

(The Hon. Speaker (Hon. Kingi) consulted with the Clerks-at-the-Table) Sen. Faki, for the benefit of the Vice-Chairperson, kindly, repeat your concerns.

Bw. Spika, malalamiko yangu ni kwamba mnamo mwezi wa saba, niliomba Taarifa kuhusiana na maswala mawili. Ya kwanza ni ukosefu wa huduma ya lifti katika Jumba la Bima Towers mjini Mombasa. Jumba hili lina gorofa kuma na nne na linahudumia wananchi kuhusiana na maswala ya usoroveya. Kuna pia Wizara tatu za Baraza la Kaunti ya Mombasa zinazohudumu ndani ya jumba hili.

Clearly, the Vice-Chairperson is not listening to what Sen. Faki is saying because of some interruption from Sen. Kinyua. Kindly, be keen so that you give us a more comprehensive response.

Bw. Spika, niliomba Taarifa kuhusiana na ukosefu wa huduma za maji na lifti katika jumba la Bima Towers, Kaunti ya Mombasa. Jumba hili lina wizara karibu tatu za Serikali ya Kaunti za Mombasa ambazo wananchi huenda kutafuta huduma huko. Maji hupelekwa na mkokoteni huko na hiyo ni kinyume na matarajio ya wengi katika Kaunti ya Mombasa.

Taarifa ya pili niliyoomba ni orodha ya zabuni zilizotolewa na mashirika ya KeRRA na KURA katika Kaunti ya Mombasa kwa muda wa miaka kumi ya ugatuzi. Hii ni kwa sababu kuna kero kwamba hakuna barabara zinafadhiliwa na mashirika haya mawili ya KeRRA na KURA katika Kaunti ya Mombasa.

Bw. Spika, hayo ndiyo maombi yangu ya Taarifa niliwasilisha mwezi wa saba mwaka huu. Asante.

Sen. Tobiko, just have your seat. I understand you may be struggling to give the exact position. However, this week and next week, each Committee has been given time to file the progress report and report to the House. During that time when your time comes for your Committee to give us a progress report, you can give us a more comprehensive response to the concerns of Sen. Faki.

Is that a better way forward?

Yes, Mr. Speaker, Sir. I thank you. At first, I was struggling with the Swahili from the coast region by Sen. Faki. It was not easy for me. Nimetoka bara na Kiswahili chake ni kigumu kiasi. The Committee is trying to do---

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Sen. Tobiko, you cannot mix two languages. Pick one and proceed.

Mr. Speaker, Sir, I choose the one I am more comfortable with. The Committee is trying to mop-up all the Statements and Petitions that have come before us. So, before we break for recess, we will give a definite answer to Sen. Faki. There was a time that Sen. Faki was to appear before the Committee, but he did not. We expected him there, but we will give a response of all the pending Statements and Petitions before we go on recess.

I thank you.

Sen. Kavindu Muthama.

Thank you, Mr. Speaker, Sir, for this opportunity. I am asking a question about the Muindi Mbingu Petition whose Report was brought to this House by the Justice, Legal Affairs and Human Rights Committee (JLAC) .

They went to the ground, saw and heard the injustices on Muindi Mbingu people. I wonder if this will end here because the Committee has said there is a legislative gap in the policies and the law. Could they not have suggested that this be made a Motion for it to be debated and what they are suggesting about the British Colonial Government, which caused all these injustices? Should they end here or should they follow up and get a way for getting justice for our people from the colonial government?

Sen. Kavindu Muthama, your concerns are valid. Once a Committee has gone through the rigorous process of holding hearings and comes up with recommendations for the Petitioner to feel that they got any assistance from the Senate, it is for those recommendations to be implemented. The implementation of those recommendations may not necessarily rest on the shoulders of the Committee Members. Any Member of this Senate can pick up the recommendations, either looking at the legislative gaps and wanting to fill them or taking any other step, including bringing a Motion based on those recommendations.

Again, the Senate can do so much. Let us not restrict ourselves to just the Committee having come up with recommendations, it becomes the only one that can take the matter forward.

Sen. Kavindu, I thought I adequately addressed your concerns. Can we move forward now?

Yes, Sen. Kinyua.

Asante, Bw. Spika. Nataka kupongeza Kamati inayoongozwa na Sen. Wakili Sigei kwa kazi nzuri waliofanya. Pia, nataka kujibu Sen. Faki kwa sababu mimi ni Mwanakamati wa Kamati inayoshughulikia mambo ya barabara na ujenzi ya kwamba. Taarifa yake kuhusiana na lifti tunaiangazia. Majibu tuliyopata kutoka kwa Wizara ni kwamba kulikuwa kidogo na mukshi kama hiyo nyumba ni ya Serikali ya kitaifa au ni ya kaunti. Tulirudisha Taarifa lakini bado tunangojea taarifa.

Bw. Spika, kama ulivyoagiza, Naibu wa Mwenyekiti ataleta taarifa ya kutosha wiki hii au wiki ijayo.

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Sen. Mwaruma.

Mr. Speaker, Sir, I seek your indulgence to request the Standing Committee on Roads, Transportation and Housing as they bring additional information on the progress of having the lift in Bima Tower work. I also have pending business with the same Committee. I previously requested for a report on the status of implementation of two roads in Taita-Taveta; Chala-Chukiri-Kilas Road and the Bura-Bugagi-Wundanyi Road. They called me to discuss the progress. However, we required some additional information from the Ministry of Roads and Transport.

I request that they bring extra information. We requested to meet the Cabinet Secretary so that he can tell us why a road that was started in 2020 from Bura-Bugange- wundanyi-Mtuwamagoti, which was supposed to cost Kshs2.2 billion and the year of completion is September 2024 has only been allocated Kshs90 million only instead of the Kshs2.2 billion that is required to build the road.

I thank you.

The Standing Committee on Roads, Transportation, as you prepare for your comprehensive report, kindly bring on board the concerns of Sen. Mwaruma.

Next Order, please.

Chairperson, Standing Committee on Agriculture, Livestock and Fisheries, or any Member of the Committee can proceed.

Mr. Speaker, Sir, on behalf of the Chairperson, Standing Committee on Agriculture, Livestock, and Fisheries, I beg to lay the following Paper of the Table of the Senate, today, 28th November 2023-

Report of the Standing Committee on Agriculture, Livestock, and Fisheries on its consideration of the Food and Feed Safety Control Coordination Bill (National Assembly Bills No. 21 of 2023) .

Next Order.

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Sen. Okenyuri is not in the House. Therefore, the Statement is dropped.

Yes, Mr. Speaker, Sir.

Sen. Kinyua, you may proceed.

Mr. Speaker, Sir, on behalf of Sen. Methu, I rise pursuant to Standing Order No.53 (1) to Seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries concerning the inordinate delay in payment to the enumerators and village elders who were engaged in the exercise of profiling and mapping of farmers in Nyandarua County.

In the Statement, the Committee should-

Sen. Mundigi, is not in the House. The Statement is, therefore, dropped.

Sen. (Dr.) Lelegwe, do you want to defer your Statement?

No, Mr. Speaker, Sir.

Then proceed.

Mr. Speaker, Sir---

Just hold on, Sen. (Dr.) Lelegwe.

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Hon. Senators, we are just about to go into Division. Please call your colleagues to come in; do not leave because we need two more Senators to proceed to Division in the Committee of the Whole. Kindly call your colleagues who are not in yet.

Proceed, Sen. (Dr.) Lelegwe.

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 state of roads in Samburu County.

In the Statement, the Committee should-

Sen. Kisang, please, proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the status of the Conditional Grants for the construction of county headquarters.

In their state Committee should-

Sen. Mwaruma, you may proceed.

Services, Senate.

Thank you, Mr. Speaker, Sir, for this opportunity to request a Statement on the Part Development Plan (PDP) for Parcel No.Kimorigo Kitobo Block 2. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the Part Development Plan, Sheet 1 of Parcel No. Kimorigo/Kitobo, Block 2 (Criticos) in Taveta Sub County.

In the Statement, the Committee should-

Sen. Chute, please proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Trade, Industrialisation and Tourism regarding the financial obligation and the economical viability of Uchumi Supermarket Chain.

In the Statement, the committee should-

Services, Senate.

Order Senators. Before we move to the Statements pursuant to Standing Order No.56 (1) , I have the following Communications to make.

I would like to acknowledge the presence in the Public Gallery this afternoon, of visiting delegation of four teachers and 20 students, from Amazing Grace Pathfinders Club Seventh Day Adventist Church Kabete in Kiambu County. The delegation is in the Senate for a one-day academic exposition.

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

Thank you, Mr. Speaker, Sir, for this opportunity. I join you in welcoming the students from Kiambu County to this House to learn, get to know what we do and encourage them in their studies so that they can do wonders and in future, they can come here as Members of the Senate to participate in the spirit of the national building of this country.

Mr. Speaker, Sir, I would like to join you in welcoming the pathfinders who have come to the Senate. I am an Adventist just like Sen. Cherarkey. For me to get to where I am, I attribute it to the church and the teachings of the church and particularly my membership of the pathfinder’s club.

Pathfinders tend to be the children who are approaching the teen age up to the age of 18. This is one of the best innovations that the Adventist Church has come up with. This is because it exposes the children to the word of God. It also brings them together

Services, Senate. and teaches them to be upright citizens. I encourage the pathfinders that leadership is not only in politics. You can also be leaders in the church, in faith or various professions. I urge you to continue listening to your teachers and parents because the Bible says that the knowledge of God is the beginning of what?

Wisdom!

I was testing these Senators whether they were in pathfinders or just scouts. I believe pathfinders are scouts with a religious orientation because they are taught everything that scouts are taught, but above all, they are taught how to believe in God, respect their parents and be responsible citizens.

I wish you well. The future is bright. I hope some of you will also become political leaders like Sen. M. Kajwang’ who was once a pathfinder and is now a Senator.

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

What is your point of clarification, Sen. (Dr.) Khalwale?

Mr. Speaker, Sir, while you were away last week, on Order No.7, the then Temporary Speaker, Sen. Abdul Haji, made a ruling under Standing Order No.121 (2) (b) . Sen. Abdul Haji while in the chair, ordered the Senator of Nandi County out of the House. My attention was drawn to the fact that no sooner had the Senator been ordered out than he went to the media centre and addressed the Press.

I therefore would like you to guide us, under Standing Order No.122 on Gross Disorderly Conduct, whether the Senator of Nandi County, by staying in the precincts of this Parliament, did or did not defy a ruling of the Chairperson.

Thank you, Sen. (Dr.) Khalwale. I will deliver my ruling tomorrow at 2.30 p.m.

Hon. Senators, at this juncture, allow me to re arrange the sequence of today’s Order Paper because of the convenience of this House. We will straight away move to prosecute Order Nos. 8, 9, 10, 11,12 and 13. This is business that is due for division.

Clerk, kindly, proceed to call those orders at a go.

Services, Senate.

Services, Senate.

Serjeant-at-Arms, kindly ring the Division Bell for two minutes.

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

Hon. Senators, kindly take your seats so that we get down to business. Sen. (Dr.) Lelegwe Ltumbesi, kindly take your seat. Hon. Senators, I will proceed straightaway to put the question on Order No.8, on the Report of the Standing Committee on Devolution and Intergovernmental Relations on the application for conferment of city status to the Municipality of Eldoret.

Hon. Senators, this matter concerns counties. Therefore, voting shall be by delegations. We are going to vote electronically. At this juncture, kindly log out by pulling out your delegate---

You may proceed to your seats, Sen. Cherarkey and Sen. (Dr.) Lelegwe. Hon. Senators, kindly pull out your card from the delegate units. Serjeant-at-Arms, look around and pull out any card that is still in the delegate unit.

Services, Senate.

It is for neatness, Senate Majority Leader. We do not want to rig. We need to be at our best when we are voting.

Serjeant-at-Arms, give us a nod if you have pulled out the cards that are not attended. Are we good?

(The Serjeant-at-Arms nodded) Hon. Senators, log back and proceed to vote either ‘Yes,’ ‘No’ or ‘Abstain.’ Kindly proceed.

Mr. Speaker, Sir, with a lot respect, it is time that you called us to a kamukunji because this system has been collapsing for the last one month.

If it is not this system, it is the pathetic state of our offices. We should not appear to be crying in front of the public. Kindly invite us, we sit and agree on the way forward. Even if it means suspending foreign trips to acquire a system for efficiency, so be it.

That is noted. Let us proceed. Let us have two Tellers, one for the ‘Noes’ and one for the ‘Ayes’.

Sen. Cheruiyot, please proceed.

Mr. Speaker, Sir, I suggest that for ease of transaction of the business ahead of us, we can put all the votes up to Order No.13 when a Member rises, since we are voting manually and we have done this before. This is my humble request.

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Hon. Senators, we are going by Roll Call. If your name is called, you will come and vote for all the Orders that are due for Division. I will do that for housekeeping. That is the modus operandi that we are going to adopt.

Sen. Murgor, please, take your seat, so that I put all the Questions. I had put the Question in relation to Order No.10.

I will now move to put the Question each for Orders No.10, 11, 12 and 13. Hon. Senators, we will vote by a way of Roll Call. Once your name is called out please come to the Dispatch Table and vote for all the five Bills, that is, Order Nos.9, 10, 11, 12 and 13.

Just come to the Dispatch Table because the microphones are not working. Can the microphone be put on for the hon. Senator, please?

Just try your microphones. I am told that the system is back, so you do not have to make a journey to the Dispatch Table. If it is not working, then you will have to come to the Dispatch Table.

Services, Senate. Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County and Sen. Wamatinga, Nyeri County.

Order, Hon. Senators. Now, the results of the division are in and they are as follow-

Services, Senate. County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. (Prof.) Tom Odhiambo Ojienda, SC Kisumu County and Sen. Wamatinga, Nyeri County.

Teller of the Ayes: Sen. Miraj.

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

Services, Senate.

Teller of the Ayes: Sen. Miraj.

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

Services, Senate.

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

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

Services, Senate.

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

Services, Senate.

(The Bill was read a Second Time and Committed to a Committee of the Whole tomorrow)

Thank you, Hon. Senators. Now, I direct the Serjeant-At-Arms to withdraw the bar and open the doors.

Services, Senate.

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

The Temporary Chairperson (Sen. Mumma): Mover to move the amendments. Sen. Seki proceed.

Madam Temporary Chairperson. I beg to move- THAT Clause 4 of the Bill be amended by inserting the following new paragraph immediately after paragraph (d) -

Division will be at the end. Clause 4The Temporary Chairperson (

Mover to move the amendments. Sen. Seki proceed.

Madam Temporary Chairperson. I beg to move- THAT Clause 4 of the Bill be amended by inserting the following new paragraph immediately after paragraph (d) -

Madam Temporary Chairperson. I beg to move- THAT Clause 6 of the Bill be amended by-

Madam Temporary Chairperson, I beg to move- THAT Clause 24 of the Bill be amended by inserting the following new subclause immediately after subclause (5) -

Services, Senate.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Mumma): Division will be at the end. Clause 25, 26 and 27

(Question, that Clause 25, 26 and 27 be part of the Bill proposed) The Temporary Chairperson (Sen. Mumma): Division will be at the end. Clause 28

Madam Temporary Chairperson. I beg to move- THAT clause 28 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (c) –

(ca)

a coding system for all categories of licences issued by the county government.

The Temporary Chairperson

(Sen. Mumma)

: Division will be at the end. Can the Mover approach the Dispatch Box?

New Clause 26 (A)

Thank you, Madam Temporary Chairperson. I beg to move – THAT the Bill be amended by inserting the following new clause immediately after clause 26 - Breach of the Act

26A. A person who contravenes a provision of this Act commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months or to both.

be read a Second Time proposed)

be part of the

Division will be at the end. Clause 17, 18,19,20,21 and 22 (Question that Clause 17,18,19,20,21 and 22 be part of the Bill proposed) The Temporary Chairperson (

Services, Senate.

Bill proposed) The Temporary Chairperson (Sen. Mumma): 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 (Sen. Mumma): Division will be at the end. Where is the Senate Majority Leader? Senate Minority Leader Sen. Madzayo and Sen. (Dr.) Khalwale, kindly approach the Chair.

Division will be at the end. Clause 23

Madam Temporary Chairperson, I beg to move- THAT Clause 23 of the Bill be amended in subclause (3) by inserting the following new paragraph immediately after paragraph (b) –

Madam Temporary Chairperson, I beg to move- THAT Clause 24 of the Bill be amended by inserting the following new subclause immediately after subclause (5) -

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 3 of the Bill be amended in paragraph

(e)

by deleting the words “services industry” appearing immediately after the words “in the extension” and substituting, therefore, the word “service”.

The Temporary Chairperson

: Division will be at the end. Clause 4

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 4 of the Bill be amended by deleting subclause (2) and substituting therefore the following new subclause -

Division will be at the end. Clause 25, 26 and 27(Question, that Clause 25, 26 and 27 be part of the Bill proposed) The Temporary Chairperson (

Services, Senate.

Division will be at the end. Clause 28

Madam Temporary Chairperson. I beg to move- THAT clause 28 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (c) – (ca) a coding system for all categories of licences issued by the county government. (Question of the amendment proposed) The Temporary Chairperson (

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

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 11 of the Bill be amended in subclause (1) by -

Services, Senate.Bill proposed) The Temporary Chairperson (

Services, Senate. Clause 26

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 (

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 30 of the Bill be amended in –

Madam Temporary Chairperson, pursuant to Standing Order No.153 I beg to move that the Committee of the Whole do report progress on its consideration of the County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) and seeks leave to sit again tomorrow.

Services, Senate.The Temporary Chairperson (

Sen. Wamatinga, proceed to move the amendments on behalf of the Chairperson Committee on Agriculture, Livestock and Fisheries. Clause 3

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 3 of the Bill be amended in paragraph (e) by deleting the words “services industry” appearing immediately after the words “in the extension” and substituting, therefore, the word “service”. (Question of the amendment proposed) The Temporary Chairperson (

Services, Senate.

The Temporary Chairperson (Sen. Abdul Haji): Division will be at the end. New Clause 26D 26D. (1) Each county executive committee member shall keep and maintain a register of —

following-

executive committee member shall designate a public

Division will be at the end. Clause 4

Services, Senate. on the—

Services, Senate.

Services, Senate.

(Question, that the New Clause 32A be part of the Bill, proposed) The Temporary Chairperson (Sen. Abdul Haji): Division will be at the end. The Schedule

(Question, that the Schedule be part of the Bill, proposed) The Temporary Chairperson (Sen. Abdul Haji): 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) Division will be at the end.

Thank you, Mr. Temporary Chairman, 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 Agricultural and Livestock Extension Services Bill (Senate Bills No.12/2022) and seeks leave to sit again tomorrow.

The Temporary Chairperson

: Hon. Senators, after consulting with the House Leadership, we have agreed that we will go through all the Bills and Division will be later on, today.

Next Order. Hon. Senators, we are moving to the next Bill, the Mung Beans Bill (Senate Bills No. 13 of 2022) .

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

Services, Senate.

The Temporary Chairperson (Sen. Abdul Haji): Sen. Wamatinga, on behalf of the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries.

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

(1)

by inserting the words “in consultation with the Council of County Governors,” immediately after the words “Cabinet Secretary”.

The Temporary Chairperson

: Division will be at the end. Clause 8 and 9

Division will be at the end. Clause 10

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 10 of the Bill be deleted and substituted therefor with the following new clause - County licensing committee

Division will be at the end. Clauses 15-25 (Question, that Clauses 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 be part of the Bill, proposed) Division will be at the end.

Services, Senate. Clause 26

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 26 of the Bill be amended in–

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 30 of the Bill be amended in –

Services, Senate. Clause 33

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 33 of the Bill be amended by-

Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended by inserting the following new Clauses immediately after Clause 26 New Clause 26A 26A (1) A county public service board shall competitively recruit and appoint such extension services officers as it may consider necessary for the proper and efficient implementation of this Act.

Services, Senate.(Question, that the New Clause 26A be part of the Bill, proposed) The Temporary Chairperson (

Mr. Temporary Chairman, Sir, I beg to move that the Bill be amended by inserting the following new clause immediately after Clause 22A. Safeguard measures

22A. (1) Subject to the regional and international trade agreements to which Kenya is a party, all mung beans imports into the country shall be subject to the prevailing import duties, taxes and other tariffs and such imports shall be controlled by the Authority.

Services, Senate.

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 3 of the Bill be amended by inserting the following new paragraph immediately after paragraph (f) –

Services, Senate. on the—

Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended by inserting the following new Clause immediately after Clause 32—

32A. A person offering extension services shall adhere to such procedures, standards, code of ethics and guidelines as may be prescribed under this Act or any other written law.

Services, Senate.(Question, that the New Clause 32A be part of the Bill, proposed) The Temporary Chairperson (

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 9 be amended by inserting the following new subclause after subclause (2) -

(2A) A person eligible for admission into an incubation programme pursuant to section 8 (3) shall not be required to provide the information under subsection (2) (a) (iv) ,

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 12 of the Bill be amended in subclause

(1)

by deleting the words “admission into an incubation programme” appearing immediately after the words “The certificate of” in the introductory clause and substituting therefor with the words “registration.”

The Temporary Chairperson

: Division will be at the end. Clause 13

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) Division will be at the end.

Thank you, Mr. Temporary Chairman, 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 Agricultural and Livestock Extension Services Bill (Senate Bills No.12/2022) and seeks leave to sit again tomorrow. The Temporary Chairperson (

Hon. Senators, after consulting with the House Leadership, we have agreed that we will go through all the Bills and Division will be later on, today. Next Order. Hon. Senators, we are moving to the next Bill, the Mung Beans Bill (Senate Bills No. 13 of 2022) .

Services, Senate.The Temporary Chairperson (

Sen. Wamatinga, on behalf of the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries.

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 7 of the Bill be amended in sub-clause (1) by inserting the words “in consultation with the Council of County Governors,” immediately after the words “Cabinet Secretary”. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 27 of the Bill be amended –

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 10 of the Bill be deleted and substituted therefor with the following new clause - County licensing committee

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 28 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (c) –

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 30 of the Bill be amended in subclause

(1)

by inserting the words “relating to the start-up’s product or service” immediately after the words “intellectual property rights.”

The Temporary Chairperson

: Division will be at the end. Clause 31

Division will be at the end. Clause 32

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 32 of the Bill be amended by inserting the following new subclause immediately after subclause (2) -

Division at the end. Clause 12 (Question, that Clause 12 be part of the Bill, proposed) Division will be at the end. Clause 13

Services, Senate.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Abdul Haji): Division will be at the end. Clause 33

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 33 of the Bill be amended in sub-clause 2 by inserting the following new paragraph immediately after paragraph (k) -

Division will be at the end. Clause 14 (Question, that Clause 14 be part of the Bill, proposed) Division will be at the end. Clause 15

Services, Senate.

Division will be at the end.

Mr. Temporary Chairperson, I beg to move- THAT, Clause 4 of the Bill be amended by inserting the following paragraphs immediately after paragraph (m) –

Services, Senate. Clause 16

Services, Senate.

13 be part of the Bill, proposed) Division at the end. Clause 14

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

(1)

by inserting the words “free of charge” at the end of the subclause.

The Temporary Chairperson

: Division will be at the end. Clauses 15,16,17,18 and 19

Division at the end. Clause 20

Services, Senate.(Question, that Clauses 20, 21, 22, 23 and 24 be part of the Bill, proposed) Division will be at the end. New Clause 22AThe Temporary Chairperson (

Mover to move that new Clause. 22A be now read a second time.

Mr. Temporary Chairman, Sir, I beg to move that the Bill be amended by inserting the following new clause immediately after Clause 22A. Safeguard measures

22A. (1) Subject to the regional and international trade agreements to which Kenya is a party, all mung beans imports into the country shall be subject to the prevailing import duties, taxes and other tariffs and such imports shall be controlled by the Authority.

Services, Senate.

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

Mr. Temporary Chairperson, I beg to move- THAT, Clause 31 of the Bill be amended by inserting the following new subclause immediately after subclause (5) –

(5A)

The Council shall consult and collaborate with the county governments and other Government regulatory agencies in exercise of its functions under this section.

The Temporary Chairperson

: Division will be at the end. Clauses 32, 33, 34, 35, 36, 37, 38, 39,40,41 and 42

Division at the end. Clause 43

Mr. Temporary Chairperson, I beg to move-

Services, Senate.

THAT, Clause 43 of the Bill be amended in subclause (1) by deleting the word “three” appearing immediately after the words “for a term of” and substituting therefor the word “five”.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Abdul Haji): Division will be at the end.

On a point of order, Mr. Temporary Chairperson. The Temporary Chairperson

: What is your point of order, Sen. (Dr.) Khalwale?

Division will be at the end. Clauses 6 and 7

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

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 9 be amended by inserting the following new subclause after subclause (2) -

(2A) A person eligible for admission into an incubation programme pursuant to section 8 (3) shall not be required to provide the information under subsection (2) (a) (iv) ,

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 12 of the Bill be amended in subclause (1) by deleting the words “admission into an incubation programme” appearing immediately after the words “The certificate of” in the introductory clause and substituting therefor with the words “registration.” (Question of the amendment proposed) The Temporary Chairperson (

Services, Senate. Clauses 46, 47, 48, 49, 50, 51, 52, 53 and 54

(Question, that Clauses 46, 47,48, 49, 50, 51, 52 53 and 54 be part of the Bill, Proposed) The Temporary Chairperson (Sen. Abdul Haji): Division at the end. Clause 55

Proceed, Sen. Crystal Asige.

Division will be at the end. Clause 13

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 13 of the Bill be amended in subclause (1) by deleting the words “an unlawful purpose or used for a purpose incompatible with public interest” appearing immediately after the words “be pursued for” in paragraph (d) and substituting thereof with the words “a purpose contrary to any written law.” (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clauses 14, 15, 16, 17, 18, 19, 20, and 21 (Question, that Clauses 14, 15, 16, 17, 18, 19, 20, and 21 be part of the Bill, proposed) Division will be at the end. Clause 22

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

I beg to move- THAT, the Bill be amended by inserting the following new clause immediately after Clause 78 -

78A. (1) The national and county governments shall perform their functions and powers under this Act on the basis of consultation and cooperation.

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

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 24 of the Bill be amended in subclause (2) by inserting the words “owned by the incubator and the start-ups admitted to its incubation programme” immediately after the words “intellectual property rights” in paragraph (j) (Question of the amendment proposed) The Temporary Chairperson (

I beg to move- THAT, Clause 2 of the Bill be amended by inserting the following definition immediately after the definition of the term “assistive devices”—

"building" means any structure or erection and any part of any structure or erection of any kind whatsoever whether permanent, temporary or movable, and whether completed or uncompleted; Abolishment of the National Fund for the Disabled of Kenya.

Services, Senate.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Abdul Haji): Division at the end. The Title and Clause 1

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 26 of the Bill be amended by –

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 27 of the Bill be amended –

Services, Senate. Clause 28

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 28 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (c) –

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

Mr. Temporary Chairperson Sir, I beg to move-

Division will be at the end. Clause 31 (Question, that Clause 31 be part of the Bill, proposed) Division will be at the end. Clause 32

Services, Senate.

THAT, the Bill be amended by deleting Clause 9. (Question of the amendment proposed) The Temporary Chairperson (Sen. Abdul Haji): Division will be at the end. Clause 10

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

Division will be at the end. Clause 33

Mr. Temporary Chairman, Sir, I beg to move- THAT Clause 33 of the Bill be amended in sub-clause 2 by inserting the following new paragraph immediately after paragraph (k) -

Mr. Temporary Chairperson, Sir, I beg to Move- THAT, Clause 2 of the Bill be amended by deleting –

Services, Senate.

The Temporary Chairperson (Sen. Abdul Haji): Division will be at the end. The Title and Clause 1

Mr. Temporary Chairperson, Sir, I beg to move that we report progress.

The Temporary Chairperson

: Approach the desk, Sen. (Dr.) Khalwale.

Mr. Temporary Chairperson, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of The County Licensing Uniform Procedures Bill (Senate Bills No.9 of 2022) and seeks leave to sit again tomorrow.

The Temporary Chairperson

: We move to the next Bill, The Agriculture and Livestock Extension Service Bill

(Senate Bills No.12 of 2022)

.

Mover, Sen. Tabitha Mutinda.

Division will be at the end. Clauses 6,7,8,9,10,11,12, and 13 (Question, that Clauses 6,7,8,9,10,11,12 and

Services, Senate.

13 be part of the Bill, proposed) Division at the end. Clause 14

Mr. Temporary Chairperson, I beg to move- THAT, Clause 14 of the Bill be amended in subclause (1) by inserting the words “free of charge” at the end of the subclause. (Question of the amendment proposed) The Temporary Chairperson (

(Question proposed)

Thank you, 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 Mung Beans Bill (Senate Bills No.13 of 2022) and seeks leave to sit again tomorrow.

The Temporary Chairperson

: Next Bill, The Start-Up Bill

(Senate Bills No.14 of 2022)

.

The Mover, Sen. Crystal Asige.

Mr. Temporary Chairman, 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 Start-Up Bill (Senate Bills No.14 of 2022) and seeks leave to sit again tomorrow.

Services, Senate.

The Temporary Chairperson (Sen. Abdul Haji): The next Bill is The Persons with Disability Bill (Senate Bills No.7 of 2023).

The Mover, Sen. Crystal Asige, you may proceed.

Mr. Temporary Chairman, 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 Persons with Disability Bill (Senate Bills No.7 of 2023) and seeks leave to sit again tomorrow.

The Temporary Chairperson

: The next Bill, The Kenyan Sign Language Bill

(Senate Bills No.9 of 2023)

.

Mover, Sen. (Prof.) Kamar, you may proceed.

Services, Senate.have an adequate number of Kenyan Sign language interpreters in their institutional structures; andof free and informed consent.(Question of the amendment proposed) The Temporary Chairperson (

Hon. Senators, we are now reporting progress on all the Bills, starting with the County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) .

Proceed, the Chairperson, Sen. Abdul Haji.

Division will be at the end. Clause 25

Mr. Temporary Chairperson, I beg to move- THAT, Clause 26 of the Bill be amended –

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

Who is seconding?

Mr. Temporary Chairperson, I beg to move- THAT, Clause 31 of the Bill be amended by inserting the following new subclause immediately after subclause (5) – (5A) The Council shall consult and collaborate with the county governments and other Government regulatory agencies in exercise of its functions under this section. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Deputy Speaker, Sir, I second.

Mr. Temporary Chairperson, I beg to move-

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Agricultural and Livestock Extension Services Bill (Senate Bills No.12 of 2022) and seeks leave to sit again tomorrow.

The Mover, Sen. Tabitha Mutinda, is not in the House. The Majority Whip, you can move on her behalf.

Division will be at the end.

On a point of order, Mr. Temporary Chairperson. The Temporary Chairperson (

Mr. Deputy Speaker, Sir, I beg to second.

Thank you.

Now, we go to The Mung Beans Bill (Senate Bills No.13 of 2022) .

Proceed, the Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Mung Beans Bill (Senate Bills No.13 of 2022) and seeks leave to sit again tomorrow.

The Mover.

You are correct, Sen. (Dr.) Khalwale. Ordinarily, that is how we should have proceeded. However, we have condensed the matter and are trying to manage time. That is why we are going this way. Clause 44 (Question, that Clause 44 be part of the Bill, proposed) Division at the end. Clause 45

Mr. Temporary Chairperson, I beg to move- THAT, Clause 45 of the Bill be amended in subclause (4) by deleting the word “three” appearing immediately after the words “for a term of” and substituting therefor the word “five”. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Deputy Speaker, Sir, I second.

Services, Senate.

Now, we go to The Start-Up Bill (Senate Bills No.14 of 2022) .

The Chairperson, you may proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Start-Up Bill (Senate Bills No.14 of 2022) and seeks leave to sit again tomorrow.

Mover, Sen. Crystal Asige.

Services, Senate.Division at the end Clause 62The Temporary Chairperson (

We move to The Persons with Disabilities Bill (Senate Bills No.7 of 2023) .

Chairperson, proceed.

Mr. Temporary Chairman, I beg to move: THAT, Clause 62 of the Bill be amended by deleting subclause (2) . (Question of the amendment proposed) The Temporary Chairperson (

Mover, Sen. Crystal Asige.

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

I call upon Sen. Sifuna to second.

Division at the end. The Chairperson Standing Committee on Labour and Social Welfare, Sen. Murgor, please, approach the Table. (Sen. Murgor approached the Chair) New Clause 78 (A) The Temporary Chairperson (

Proceed, Sen. Murgor.

I beg to move- THAT, the Bill be amended by inserting the following new clause immediately after Clause 78 -

78A. (1) The national and county governments shall perform their functions and powers under this Act on the basis of consultation and cooperation.

Services, Senate.

(Question, that the New Clause 78A be read a Second Time proposed) (Question, that the New Clause 78A be part of the Bill proposed) Division at the end. New Clause 84 A

Proceed, Sen. Murgor

Mr. Temporary Chairperson, I beg to withdraw the following amendment.

THAT, the Bill be amended by inserting the following new clause immediately after Clause 84 –

84A. (1) The National Fund for the Disabled of Kenya established under the Trustees (Perpetual Succession) Act is hereby abolished.

I beg to move- THAT, Clause 2 of the Bill be amended by inserting the following definition immediately after the definition of the term “assistive devices”—

"building" means any structure or erection and any part of any structure or erection of any kind whatsoever whether permanent, temporary or movable, and whether completed or uncompleted; Abolishment of the National Fund for the Disabled of Kenya.

Sen. Crystal Asige, proceed.

Thank you, Mr. Deputy Speaker, Sir. I second.

Division at the end. The Title and Clause 1

Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 4 of the Bill be amended in subclause (2) by deleting the words “The community of deaf persons” appearing at the beginning of the subclause and substituting therefor the words “The Deaf community”. (Question of the amendment proposed) The Temporary Chairperson (

Services, Senate.

Services, Senate. Clause 5

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

Services, Senate. good ideas and are courageous, to start a business without a fallback position because they lack title deeds.

As it was noted by many Members who contributed to this Motion, it is important that a country moves with the changing times. Majority of the young generation live in the urban setup. They are born and brought up in apartments, which they do not have title deeds for. It is time we redesign and relook at the Banking Act, so that the younger generation, who would want to start up businesses, can access these finances.

In many countries, incubation services are offered as a joint service between the Government and private enterprises, mostly the learning institutions. It is high time we came up with a concept where the institutions of higher learning come up with research centers that would incubate young entrepreneurs, so that they can make mistakes without losing their livelihoods.

Many people who ride boda bodas acquired them on loan. Once they cannot pay regardless of whether they have spent 50 or 80 per cent of the asset financing, they must pay storage charges. Unfortunately, they lost both the asset and the deposit they had paid. It is unfair for someone to pay a deposit of 30 per cent, contributing about 60 per cent of repayment, the asset is repossessed and the individual loses everything.

Suppose we want to grow an economy driven by the young generation. In that case, we should create laws that encourage the young generation to venture into businesses without making it overly expensive for them.

As Members of this House noted, we should develop an institution like the Industrial and Commercial Development Corporation (ICDC), which could finance business proposals by coupling investors with people with ideas. This would be the only way to move this country forward.

As Parliament, we should develop working legal frameworks that will encourage young entrepreneurs who need sources of funds to have access to capital to establish businesses. We have to fight unemployment, which is one of the biggest challenges in this country.

As I conclude, I want to urge my colleagues to sit down and discuss unemployment. A possible way of curing it is bringing young people into self- employment. This cannot happen with the current law as constituted. We should come up with changes in the law to facilitate Kenyans to move the country forward and help the young generation get opportunities.

I beg to reply.

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

Mr. Temporary Chairperson Sir, I beg to move-

Services, Senate. more than 95 deaths in Shakahola, Kilifi County laid on the Table of the Senate on Thursday, 19th October, 2023.

The Mover of this Motion, Sen. Mungatana who was chairing the Ad Hoc Committee has a balance of 25 minutes. I call upon him to utilize his time.

Division will be at the end. Clause 10

Mr. Temporary Chairperson Sir, I beg to move- THAT, Clause 10 of the Bill be amended in subclause (1) by deleting the words “National Accreditation Agency” appearing immediately after the words “with the Kenya” and substituting therefor the word “Accreditation Service”. (Question of the amendment proposed) The Temporary Chairperson (

Services, Senate. of the investigation and handing over of the final investigation report to the Director of Public Prosecutions.

of Public Prosecutions to pursue the prosecution of the existing

charges against Paul Mackenzie as well as lodge fresh formal charges against Paul Mackenzie and other persons revealed to be culpable.

for Interior and National Administration formulates and

issues guidelines setting out criteria for identification of harmful religious doctrines and clear procedures for county security committees to monitor and expedite action on intelligence reports pertaining to individuals and religious organisations advancing harmful religious doctrines within 90 days of the adoption of this report by the Senate.

Mr. Deputy Speaker, Sir, the Committee conducted a comprehensive audit of the current legal framework, guiding registration and operation of religious organisations.

Additionally, the Committee examined other jurisdictions that have experienced violent cult incidences, including Rwanda, Uganda, France and Japan.

The Committee observed that, in order to address the current challenges and prevent a similar tragedy, it is necessary to create a responsible legal and institutional framework that does not curtail the freedom of religion guaranteed in the Constitution, but deals with the challenges that we experienced during this whole Shakahola incidence.

While many of the religious organisations that came before us opted for self- regulation, as a Committee, we also received calls for regulation. This was because of the question – “where was the Government when all this was happening?” Therefore, it is clear that the people also expect the hand of the Government in regulation without offending the provisions of freedom of worship within the Constitution.

The balance will then be between freedom of worship and public security concerns. The Committee, therefore, proposes that; The Religious Organisations Bill, 2023, annexed to this Report, comes up with a hybrid legislative framework that allows for both State and self-regulation at the same time. We have tried to balance where the Government and the state come in to answer the question – “where was the Government when all these things were happening?” However, in this legislative proposal, we have improved on how churches and all other religious organisations can do self-regulation.

The Bill will provide for the regulation of religious organisations. It will also provide for the establishment of the Office of Registrar of Religious Organisations, a framework for registration of umbrella bodies, qualifications of religious leaders, offenses and penalties for non-compliance amongst others. I do not want to go too much into what the Bill says and does not say. However, we believe that this is one of the major outputs of this Committee.

We have come up with a proper law that we will process through this Senate. Hopefully it will get concurrence with our colleagues in the National Assembly. This law then will solve the problem of the balancing between the religious freedom and public safety concerns.

Mr. Deputy Speaker, Sir, I finish by paying tribute to the victims. Our Committee expresses deep sorrow at the Shakahola tragedy. We send heartfelt condolences to the families and those who lost their loved ones in this whole tragedy. The Committee also

Division will be at the end. Clause 11 (Question that Clause 11 be part of the Bill, proposed) Division will be at the end. Clause 12

Services, Senate. wishes the survivors a quick recovery. We pray that they will get back to normal life in due course.

As a country, we have the responsibility to ensure that such senseless loss of lives will never be experienced again in this country. The actions of Paul Mackenzie ought to be condemned and all appropriate measures adopted to ensure such acts are not repeated in the future.

The Committee has made a raft of recommendations to the various entities to ensure that, those who died, did not do so in vain and those who aided the crimes at Shakahola, are brought to justice.

Mr. Deputy Speaker, Sir, in this respect, the Committee has recommended that the County Government of Kilifi facilitates the Kaya Elders to conduct traditional cleansing of the Shakahola area at the appropriate time and establish a memorial, to honor those who have lost their lives.

We had an opportunity to visit the Shakahola deaths site with the County Assembly of Kilifi. They had recommended that they put up a monument. We really recommend this because it will be the monument that will remind Kenyans of this and the next generation that, never again, shall we allow religion to be used by people to hurt other Kenyans in this nation.

On behalf of the Committee, I finish by extending a vote of thanks to the Office of the Speaker of the Senate, the Rt. Hon. Amason Kingi and the office of the Clerk of the Senate, Mr. Jeremiah Nyegenye, for the support they extended to the Committee in the execution of its mandate.

When we started, we had a very limited secretariat. However, when we raised concerns, indeed, the Speaker and the Clerk responded and we got a very good and supportive Secretariat. They were - Mr. Ahmed Odhowa, Mr. Joseph Mwangi, Ms. Claire Kidombo, Mr. Simon Muinde, Mr. Mitchell Otoro, Ms. Winne Mandela, Ms. Anne Kigoro, Ms. Faith Wangui, Mr. Khatib Omar, Mr. Nathan Njenga, Mr. Abraham Oruko and Ms. Hawa Abdi.

Mr. Deputy Speaker, Sir, we are eternally grateful for the Secretariat and the work they did. The Committee extends its profound appreciation to stakeholders and members of the public that appeared before this Committee.

We also appreciate those who submitted very well researched and eloquent submissions on this matter; from Ministries, Constitutional Commissions, religious organisations, universities, the civil society to individual members of the public. We are eternally grateful for all that they gave us that made this Report to be what it is today.

I also thank the people in the Fourth Estate who ensured that the country kept updated on all the things we were doing.

With those remarks, it is now my pleasant duty and privilege on behalf of; The Ad Hoc Committee to Investigate the Proliferation of Religious Organisations and the Circumstances Leading to Deaths of More than 95 people in Shakahola, Kilifi County, to present this Report, pursuant to the Senate Standing Order No.223.

I beg to move that this House adopts this Report. Mr. Deputy Speaker, Sir, allow me to call upon Sen. Tabitha Mutinda, who was a Member of this Committee, to second.

Services, Senate.

I thank you.

Sen. Tabitha Mutinda, you may have the Floor.

Thank you, Mr. Deputy Speaker, Sir. I rise to second this Motion. I was privileged to be a Member of the Shakahola Committee, an Ad Hoc Committee.

As a new Member, I was able to learn a lot in terms of what happens when ad hoc committees are set up. I appreciate all the Committee Members for their team work and the Secretariat who really walked with us through these findings.

Mr. Deputy Speaker, Sir, we had a privilege to visit Shakahola. It is a sad state for a country when you come and realize the happenings that were there; where one man, a Kenyan and none other than Paul Mackenzie, came up with his doctrine, lied to Kenyans and it ended up as the cause of death.

Mr. Deputy Speaker, Sir, before I even go there, allow me, on behalf of this Committee, to pass our heartfelt and sincere condolences to the families that lost their beloved ones and to also wish the ones still recovering quick recovery. We had an opportunity to meet with the victims directly and interacted with them. We talked to them on what really transpired. However, the shock of it was that the victims were convinced that the doctrine they were put in by Paul Mackenzie was the right one and they did not want to get out of it as much as we tried to dig at that time.

The Committee Members had an opportunity to call different stakeholders from the Ministry of Health (MoH) , the National Police Service (NPS) through the Cabinet Secretary for Interior and Administration of National Government, Hon. (Prof.) Kithure Kindiki among others. There were also different church leaders for their views and opinions. We also sat with some of the relatives of the victims and they shared with us some very sad stories. This is an issue that will go down history with a lot of sadness where one man put the lives of Kenyans under the soil using his mechanisms.

Mr. Deputy Speaker, Sir, this Committee will not fail to state some of the challenges as the Chairman, Sen. Mungatana put it. As much as the institutions of our beloved country appeared before us and gave us information, we still had challenges. We requested the police who were serving in that particular station in Kilifi to appear before us, but the Cabinet Secretary was adamant that he was to appear before them.

We realized as time progressed that it is them that needed to answer because they were the ones who were on the ground for the duration this problem was there. This was challenging because we did not get the opportunity to bring out some of the issues we wanted to.

I will tell this House that we further underwent another serious challenge by the pathologist of this country, none other than Dr. Oduor. He was not able to appear before this Committee. However, with our Standing Orders, we summoned him and fined him Kshs500,000, but he stated through his communication that the Cabinet Secretary of Health, Hon. Susan Nakhumicha had instructed him to not appear before this Committee because investigations were still on-going.

Mr. Deputy Speaker, Sir, sadly, Kenyans to date are still asking where the bodies of their beloved are in order to give them a decent send-off. All that was needed was the

Services, Senate. report of the Deoxyribonucleic Acid (DNA). There were many challenges and delays and all we needed was to get the facts right for us to understand the delay in getting the DNA results. Up to now, there is still delay and relatives are yet to rest their beloved ones.

We had a key witness, none other than Paul Mackenzi himself, but we still faced more challenges. When a member of our secretariat team went to the prison where Paul Mackenzie is to issue the first summons, he did not get a pass, but he was given a pass the second time he went there after we put out presser. He handed the summons to Paul Mackenzie through his lawyer. The challenge was that the timeline was short, the Committee was wrapping up its work and Paul Mackenzie did not appear before us.

Some of the key witnesses like Pastor Ezekiel appeared, and the reason that the Committee went out of their way to visit Mavueni was because our time was lapsing and because this is going down in history, as a Committee, we needed to get our facts right because we had first-hand experience of the actual happenings at the Shakahola grounds.

We had seen what the relatives of the victims were going through; I had personally seen the bodies and the conditions they were in. We had an opportunity to speak to the Directorate of Criminal Investigation (DCI), to have in camera, all the videos. If you are human, if you are a leader, if you are a parent, and have an opportunity to see what truly transpired, you would go out of your way. That is what we did as a Committee.

We went out of our way; we visited Mavueni to get to understand what was happening there. Yes, we communicated and mentioned our findings. As much as the Secretariat did not accompany us, we wanted to leave history, knowing that we had an opportunity to try and get our facts right. However, we did not find the graves; we did not find some of the things that had been alleged and so, everything still came back to this one man, who today is in prison.

Mr. Deputy Speaker, Sir, it is sad because looking at the cases that Mr. Mackenzie had been arrested for, the Judiciary was very lenient for the longest time because these issues had been coming, and he was granted very minimal fines of as little as Kshs10, 000, having in mind the weight of the cases that he had. Looking at the allegations of the murder of the children who had succumbed to starvation and suffocation, the court granted Mackenzie, a mere fine of Kshs10,000, and the man was free.

This man continued with evil, if that is the best word. I would use the word because what he conducted was the highest level of evilness. We still do not understand how he was able to manipulate Kenyans. Some of these Kenyans were learned, had good jobs, and had good homes, but they would go and start thatching small houses to start new families. It was quite sad.

Due to time constraints, I would want my colleagues to put a word into this. I would want to state that as a Committee, we have agreed that we are going to come up with a Bill on the regulations on churches to curb this madness that is there. There is a commercial way, evilness, radicalisation and indoctrination that is happening in this country. As a Committee, we have decided that we are going to pick up this Bill. I will not talk about it now at this time, but we will bring it.

Mr. Deputy Speaker, Sir, just to finalise, we have mentioned that we would want Shakahola to be a memorial park in the future because what lies there is just darkness.

Services, Senate.

With those few remarks, I cannot forget to thank the Deputy Speaker, the Clerk, my Committee, and the secretariat, who put all their efforts into ensuring that we were able to get down and get the facts that were needed.

So, at this point, I beg to second.

Thank you, Sen. Tabitha Mutinda.

I can see Sen. (Dr.) Khalwale intends to contribute to this. Please, proceed.

Thank you, Mr. Deputy Speaker, Sir. With a heavy heart, I rise in support of this Motion. I would like to pass my heartfelt condolences to all the victims of this heinous crime. I would like to congratulate the Committee led by the Senator of Tana River County.

Approach the desk, Sen. (Dr.) Khalwale. (Sen. (Dr.) Khalwale approached the Dispatch Box and consulted with the Temporary Chairperson)

Mr. Temporary Chairperson, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of The County Licensing Uniform Procedures Bill (Senate Bills No.9 of 2022) and seeks leave to sit again tomorrow. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Hon. Senators, it is now 6:30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Wednesday, 29th November 2023 at 9. 30 a.m.

I thank you. The Senate rose at 6.30 p.m.

We move to the next Bill, The Agriculture and Livestock Extension Service Bill (Senate Bills No.12 of 2022) . Mover, Sen. Tabitha Mutinda.

Services, Senate.

Mr. Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of The Agricultural and Livestock Extension Services Bill (Senate Bills. No.12 of 2022) and its approval thereof with amendments. The Temporary Chairperson (

Sen. Tabitha Mutinda, approach the desk. (Sen. Tabitha Mutinda approached Dispatch Box and consulted with the Temporary Chairperson) Sen. Tabitha Mutinda, I call upon you to move again.

Thank you, Mr. Temporary Chairperson, Sir. Pursuant to Standing Order No.153, I beg to move that the Committee do report progress on its consideration of The Agricultural and Livestock Extension Services Bill (Senate Bills No.12 of 2022) and seeks leave to sit again tomorrow. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

The next Bill is The Mung Beans Bill (Senate Bills No.13 of 2022) . Sen. Mwaruma, on behalf of the Chairperson.

(Question proposed) Thank you, 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 Mung Beans Bill (Senate Bills No.13 of 2022) and seeks leave to sit again tomorrow. (Question put and agreed to) The Temporary Chairperson (

Next Bill, The Start-Up Bill (Senate Bills No.14 of 2022) . The Mover, Sen. Crystal Asige.

Mr. Temporary Chairman, 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 Start-Up Bill (Senate Bills No.14 of 2022) and seeks leave to sit again tomorrow.

Services, Senate.The Temporary Chairperson (

The next Bill is The Persons with Disability Bill (Senate Bills No.7 of 2023).The Mover, Sen. Crystal Asige, you may proceed.

Mr. Temporary Chairman, 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 Persons with Disability Bill (Senate Bills No.7 of 2023) and seeks leave to sit again tomorrow. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

The next Bill, The Kenyan Sign Language Bill (Senate Bills No.9 of 2023) . Mover, Sen. (Prof.) Kamar, you may proceed.

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration on The Kenyan Sign Language Bill (Senate Bills No.9 of 2023) and seeks leave to sit again tomorrow.

Hon. Senators, we are now reporting progress on all the Bills, starting with the County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) .

Proceed, the Chairperson, Sen. Abdul Haji.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Licensing (Uniform Procedure) Bill (Senate Bills No.9 of 2022) and seeks leave to sit again tomorrow.

The Mover, Sen. (Dr.) Khalwale.

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

Who is seconding?

Services, Senate.

Mr. Deputy Speaker, Sir, I second.

The second Bill is The Agricultural and Livestock Extension Services Bill (Senate Bills No.12 of 2022) .

Proceed, Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Agricultural and Livestock Extension Services Bill (Senate Bills No.12 of 2022) and seeks leave to sit again tomorrow.

The Mover, Sen. Tabitha Mutinda, is not in the House. The Majority Whip, you can move on her behalf.

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

Who is your seconder? Sen. Mungatana.

Mr. Deputy Speaker, Sir, I beg to second.

Thank you.

Now, we go to The Mung Beans Bill (Senate Bills No.13 of 2022) .

Proceed, the Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Mung Beans Bill (Senate Bills No.13 of 2022) and seeks leave to sit again tomorrow.

The Mover.

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

I request Sen. Ogola to second.

Sen. Ogola.

Mr. Deputy Speaker, Sir, I second.

Services, Senate.

Now, we go to The Start-Up Bill (Senate Bills No.14 of 2022) .

The Chairperson, you may proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Start-Up Bill (Senate Bills No.14 of 2022) and seeks leave to sit again tomorrow.

Mover, Sen. Crystal Asige.

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

I call upon Sen. Sifuna to second.

Thank you, Mr. Deputy Speaker, Sir. I second.

We move to The Persons with Disabilities Bill (Senate Bills No.7 of 2023) .

Chairperson, proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Persons with Disabilities Bill (Senate Bills No.7 of 2023) and seeks leave to sit again tomorrow.

Mover, Sen. Crystal Asige.

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

I call upon Sen. Sifuna to second.

Thank you, Mr. Deputy Speaker, Sir. I second.

Services, Senate.

We move to the last one, The Kenyan Sign Language Bill (Senate Bills No.9 of 2023) .

Chairperson proceed.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Kenya Sign Language Bill (Senate Bills No. 9 of 2023) and seeks leave to sit again tomorrow.

Mover, Sen. (Prof.) Kamar.

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

I call upon Sen. Crystal Asige to second.

Sen. Crystal Asige, proceed.

Thank you, Mr. Deputy Speaker, Sir. I second.

Clerk, let us move to the next Order.

Services, Senate.

In the last sitting, Sen. (Dr.) Oburu had a balance of 11 minutes. If he is in the Chamber, he can take advantage of this. If not, any other Senator can contribute to this Motion.

Looking at my dashboard, there is no other Senator interested. So, I will request the Mover to reply.

Proceed, Sen. Wamatinga.

Thank you, Mr. Deputy Speaker, Sir. I beg to reply to the Motion.

Mr. Deputy Speaker, Sir, we are all aware that Kenyans are going through very hard economic times. This is not limited to Kenya alone. It is a global trend where there is a downward trajectory of economic growth.

The matters are further complicated by the ever-fluctuating exchange rates and the Dollar swing that is working to the disadvantage of the local currency. The cost of living is going up by the day. Therefore, there are limited income sources, especially for the young generation, most of whom are in the boda boda business. They do not have any option and are left without any means of livelihoods. Most of their assets have been repossessed and many have ended up in broken marriages. Some of them have been forced into situations that have led into depression. This is a clear indicator of the increase in suicide rate, especially among young men in Kenya.

It is time we relook at the Banking Act, so that Kenyans are cushioned against downward trends, especially by external factors that they have no control of. The war in Ukraine, COVID-19 and the long drought that our country faced left most businesses at the mercy of their financiers. This has seen the livelihoods of many young entrepreneurs taken away because of the insensitivity of our banking sector.

For example, Ghana in West Africa has come up with an enterprise development fund that is specifically designed for young entrepreneurs. They do not have to pay expensive loans to the banks. Today, the banking charges in Kenya are as high as 20 per cent.

I would like to thank the Government of President William Samoei Ruto for specifically coming up with the Hustler Fund. During the Presidential debate, he pointed out that it needs to be enhanced, so that it can move to asset financing. This will be a highly welcome move because it will cushion the small enterprises and young entrepreneurs, the boda boda operators. People will even want to migrate from boda boda to other means of transport such as the Matatu industry. They will have a way of accessing financing without having to pay the expensive rates charged by banks. Most importantly, they will not be required to come up with other forms of security that most young people do not have. The way the Banking Act was conceptualized, it envisaged a situation where everybody had a title deed. We know that most of the title deeds are in the possession of the older generation. This leaves the younger generation, who have

Services, Senate. good ideas and are courageous, to start a business without a fallback position because they lack title deeds.

As it was noted by many Members who contributed to this Motion, it is important that a country moves with the changing times. Majority of the young generation live in the urban setup. They are born and brought up in apartments, which they do not have title deeds for. It is time we redesign and relook at the Banking Act, so that the younger generation, who would want to start up businesses, can access these finances.

In many countries, incubation services are offered as a joint service between the Government and private enterprises, mostly the learning institutions. It is high time we came up with a concept where the institutions of higher learning come up with research centers that would incubate young entrepreneurs, so that they can make mistakes without losing their livelihoods.

Many people who ride boda bodas acquired them on loan. Once they cannot pay regardless of whether they have spent 50 or 80 per cent of the asset financing, they must pay storage charges. Unfortunately, they lost both the asset and the deposit they had paid. It is unfair for someone to pay a deposit of 30 per cent, contributing about 60 per cent of repayment, the asset is repossessed and the individual loses everything.

Suppose we want to grow an economy driven by the young generation. In that case, we should create laws that encourage the young generation to venture into businesses without making it overly expensive for them.

As Members of this House noted, we should develop an institution like the Industrial and Commercial Development Corporation (ICDC), which could finance business proposals by coupling investors with people with ideas. This would be the only way to move this country forward.

As Parliament, we should develop working legal frameworks that will encourage young entrepreneurs who need sources of funds to have access to capital to establish businesses. We have to fight unemployment, which is one of the biggest challenges in this country.

As I conclude, I want to urge my colleagues to sit down and discuss unemployment. A possible way of curing it is bringing young people into self- employment. This cannot happen with the current law as constituted. We should come up with changes in the law to facilitate Kenyans to move the country forward and help the young generation get opportunities.

I beg to reply.

Next Order.

Services, Senate. more than 95 deaths in Shakahola, Kilifi County laid on the Table of the Senate on Thursday, 19th October, 2023.

The Mover of this Motion, Sen. Mungatana who was chairing the Ad Hoc Committee has a balance of 25 minutes. I call upon him to utilize his time.

Thank you, Mr. Deputy Speaker, Sir. I do not intend to use all that time. I had laid the foundation for the recommendations that we came up with as a Committee. I also explained some of the difficulties and challenges we underwent in the process of collecting information and executing our mandate.

Having dealt with the foundations, I will now wish to deal with the recommendations that this Committee came up with. The Committee recommends that-

Services, Senate. of the investigation and handing over of the final investigation report to the Director of Public Prosecutions.

of Public Prosecutions to pursue the prosecution of the existing

charges against Paul Mackenzie as well as lodge fresh formal charges against Paul Mackenzie and other persons revealed to be culpable.

for Interior and National Administration formulates and

issues guidelines setting out criteria for identification of harmful religious doctrines and clear procedures for county security committees to monitor and expedite action on intelligence reports pertaining to individuals and religious organisations advancing harmful religious doctrines within 90 days of the adoption of this report by the Senate.

Mr. Deputy Speaker, Sir, the Committee conducted a comprehensive audit of the current legal framework, guiding registration and operation of religious organisations.

Additionally, the Committee examined other jurisdictions that have experienced violent cult incidences, including Rwanda, Uganda, France and Japan.

The Committee observed that, in order to address the current challenges and prevent a similar tragedy, it is necessary to create a responsible legal and institutional framework that does not curtail the freedom of religion guaranteed in the Constitution, but deals with the challenges that we experienced during this whole Shakahola incidence.

While many of the religious organisations that came before us opted for self- regulation, as a Committee, we also received calls for regulation. This was because of the question – “where was the Government when all this was happening?” Therefore, it is clear that the people also expect the hand of the Government in regulation without offending the provisions of freedom of worship within the Constitution.

The balance will then be between freedom of worship and public security concerns. The Committee, therefore, proposes that; The Religious Organisations Bill, 2023, annexed to this Report, comes up with a hybrid legislative framework that allows for both State and self-regulation at the same time. We have tried to balance where the Government and the state come in to answer the question – “where was the Government when all these things were happening?” However, in this legislative proposal, we have improved on how churches and all other religious organisations can do self-regulation.

The Bill will provide for the regulation of religious organisations. It will also provide for the establishment of the Office of Registrar of Religious Organisations, a framework for registration of umbrella bodies, qualifications of religious leaders, offenses and penalties for non-compliance amongst others. I do not want to go too much into what the Bill says and does not say. However, we believe that this is one of the major outputs of this Committee.

We have come up with a proper law that we will process through this Senate. Hopefully it will get concurrence with our colleagues in the National Assembly. This law then will solve the problem of the balancing between the religious freedom and public safety concerns.

Mr. Deputy Speaker, Sir, I finish by paying tribute to the victims. Our Committee expresses deep sorrow at the Shakahola tragedy. We send heartfelt condolences to the families and those who lost their loved ones in this whole tragedy. The Committee also

Services, Senate. wishes the survivors a quick recovery. We pray that they will get back to normal life in due course.

As a country, we have the responsibility to ensure that such senseless loss of lives will never be experienced again in this country. The actions of Paul Mackenzie ought to be condemned and all appropriate measures adopted to ensure such acts are not repeated in the future.

The Committee has made a raft of recommendations to the various entities to ensure that, those who died, did not do so in vain and those who aided the crimes at Shakahola, are brought to justice.

Mr. Deputy Speaker, Sir, in this respect, the Committee has recommended that the County Government of Kilifi facilitates the Kaya Elders to conduct traditional cleansing of the Shakahola area at the appropriate time and establish a memorial, to honor those who have lost their lives.

We had an opportunity to visit the Shakahola deaths site with the County Assembly of Kilifi. They had recommended that they put up a monument. We really recommend this because it will be the monument that will remind Kenyans of this and the next generation that, never again, shall we allow religion to be used by people to hurt other Kenyans in this nation.

On behalf of the Committee, I finish by extending a vote of thanks to the Office of the Speaker of the Senate, the Rt. Hon. Amason Kingi and the office of the Clerk of the Senate, Mr. Jeremiah Nyegenye, for the support they extended to the Committee in the execution of its mandate.

When we started, we had a very limited secretariat. However, when we raised concerns, indeed, the Speaker and the Clerk responded and we got a very good and supportive Secretariat. They were - Mr. Ahmed Odhowa, Mr. Joseph Mwangi, Ms. Claire Kidombo, Mr. Simon Muinde, Mr. Mitchell Otoro, Ms. Winne Mandela, Ms. Anne Kigoro, Ms. Faith Wangui, Mr. Khatib Omar, Mr. Nathan Njenga, Mr. Abraham Oruko and Ms. Hawa Abdi.

Mr. Deputy Speaker, Sir, we are eternally grateful for the Secretariat and the work they did. The Committee extends its profound appreciation to stakeholders and members of the public that appeared before this Committee.

We also appreciate those who submitted very well researched and eloquent submissions on this matter; from Ministries, Constitutional Commissions, religious organisations, universities, the civil society to individual members of the public. We are eternally grateful for all that they gave us that made this Report to be what it is today.

I also thank the people in the Fourth Estate who ensured that the country kept updated on all the things we were doing.

With those remarks, it is now my pleasant duty and privilege on behalf of; The Ad Hoc Committee to Investigate the Proliferation of Religious Organisations and the Circumstances Leading to Deaths of More than 95 people in Shakahola, Kilifi County, to present this Report, pursuant to the Senate Standing Order No.223.

I beg to move that this House adopts this Report. Mr. Deputy Speaker, Sir, allow me to call upon Sen. Tabitha Mutinda, who was a Member of this Committee, to second.

Services, Senate.

I thank you.

Sen. Tabitha Mutinda, you may have the Floor.

Thank you, Mr. Deputy Speaker, Sir. I rise to second this Motion. I was privileged to be a Member of the Shakahola Committee, an Ad Hoc Committee.

As a new Member, I was able to learn a lot in terms of what happens when ad hoc committees are set up. I appreciate all the Committee Members for their team work and the Secretariat who really walked with us through these findings.

Mr. Deputy Speaker, Sir, we had a privilege to visit Shakahola. It is a sad state for a country when you come and realize the happenings that were there; where one man, a Kenyan and none other than Paul Mackenzie, came up with his doctrine, lied to Kenyans and it ended up as the cause of death.

Mr. Deputy Speaker, Sir, before I even go there, allow me, on behalf of this Committee, to pass our heartfelt and sincere condolences to the families that lost their beloved ones and to also wish the ones still recovering quick recovery. We had an opportunity to meet with the victims directly and interacted with them. We talked to them on what really transpired. However, the shock of it was that the victims were convinced that the doctrine they were put in by Paul Mackenzie was the right one and they did not want to get out of it as much as we tried to dig at that time.

The Committee Members had an opportunity to call different stakeholders from the Ministry of Health (MoH) , the National Police Service (NPS) through the Cabinet Secretary for Interior and Administration of National Government, Hon. (Prof.) Kithure Kindiki among others. There were also different church leaders for their views and opinions. We also sat with some of the relatives of the victims and they shared with us some very sad stories. This is an issue that will go down history with a lot of sadness where one man put the lives of Kenyans under the soil using his mechanisms.

Mr. Deputy Speaker, Sir, this Committee will not fail to state some of the challenges as the Chairman, Sen. Mungatana put it. As much as the institutions of our beloved country appeared before us and gave us information, we still had challenges. We requested the police who were serving in that particular station in Kilifi to appear before us, but the Cabinet Secretary was adamant that he was to appear before them.

We realized as time progressed that it is them that needed to answer because they were the ones who were on the ground for the duration this problem was there. This was challenging because we did not get the opportunity to bring out some of the issues we wanted to.

I will tell this House that we further underwent another serious challenge by the pathologist of this country, none other than Dr. Oduor. He was not able to appear before this Committee. However, with our Standing Orders, we summoned him and fined him Kshs500,000, but he stated through his communication that the Cabinet Secretary of Health, Hon. Susan Nakhumicha had instructed him to not appear before this Committee because investigations were still on-going.

Mr. Deputy Speaker, Sir, sadly, Kenyans to date are still asking where the bodies of their beloved are in order to give them a decent send-off. All that was needed was the

Services, Senate. report of the Deoxyribonucleic Acid (DNA). There were many challenges and delays and all we needed was to get the facts right for us to understand the delay in getting the DNA results. Up to now, there is still delay and relatives are yet to rest their beloved ones.

We had a key witness, none other than Paul Mackenzi himself, but we still faced more challenges. When a member of our secretariat team went to the prison where Paul Mackenzie is to issue the first summons, he did not get a pass, but he was given a pass the second time he went there after we put out presser. He handed the summons to Paul Mackenzie through his lawyer. The challenge was that the timeline was short, the Committee was wrapping up its work and Paul Mackenzie did not appear before us.

Some of the key witnesses like Pastor Ezekiel appeared, and the reason that the Committee went out of their way to visit Mavueni was because our time was lapsing and because this is going down in history, as a Committee, we needed to get our facts right because we had first-hand experience of the actual happenings at the Shakahola grounds.

We had seen what the relatives of the victims were going through; I had personally seen the bodies and the conditions they were in. We had an opportunity to speak to the Directorate of Criminal Investigation (DCI), to have in camera, all the videos. If you are human, if you are a leader, if you are a parent, and have an opportunity to see what truly transpired, you would go out of your way. That is what we did as a Committee.

We went out of our way; we visited Mavueni to get to understand what was happening there. Yes, we communicated and mentioned our findings. As much as the Secretariat did not accompany us, we wanted to leave history, knowing that we had an opportunity to try and get our facts right. However, we did not find the graves; we did not find some of the things that had been alleged and so, everything still came back to this one man, who today is in prison.

Mr. Deputy Speaker, Sir, it is sad because looking at the cases that Mr. Mackenzie had been arrested for, the Judiciary was very lenient for the longest time because these issues had been coming, and he was granted very minimal fines of as little as Kshs10, 000, having in mind the weight of the cases that he had. Looking at the allegations of the murder of the children who had succumbed to starvation and suffocation, the court granted Mackenzie, a mere fine of Kshs10,000, and the man was free.

This man continued with evil, if that is the best word. I would use the word because what he conducted was the highest level of evilness. We still do not understand how he was able to manipulate Kenyans. Some of these Kenyans were learned, had good jobs, and had good homes, but they would go and start thatching small houses to start new families. It was quite sad.

Due to time constraints, I would want my colleagues to put a word into this. I would want to state that as a Committee, we have agreed that we are going to come up with a Bill on the regulations on churches to curb this madness that is there. There is a commercial way, evilness, radicalisation and indoctrination that is happening in this country. As a Committee, we have decided that we are going to pick up this Bill. I will not talk about it now at this time, but we will bring it.

Mr. Deputy Speaker, Sir, just to finalise, we have mentioned that we would want Shakahola to be a memorial park in the future because what lies there is just darkness.

Services, Senate.

With those few remarks, I cannot forget to thank the Deputy Speaker, the Clerk, my Committee, and the secretariat, who put all their efforts into ensuring that we were able to get down and get the facts that were needed.

So, at this point, I beg to second.

Thank you, Sen. Tabitha Mutinda.

I can see Sen. (Dr.) Khalwale intends to contribute to this. Please, proceed.

Thank you, Mr. Deputy Speaker, Sir. With a heavy heart, I rise in support of this Motion. I would like to pass my heartfelt condolences to all the victims of this heinous crime. I would like to congratulate the Committee led by the Senator of Tana River County.

Sen. (Dr.) Khalwale, I can see that our time for this session is up. You will have a balance of 19 minutes when we resume the next sitting.

Hon. Senators, it is now 6:30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Wednesday, 29th November 2023 at 9. 30 a.m.

I thank you. The Senate rose at 6.30 p.m.