Tuesday, 8th October, 2024 Special Sitting

Clerk, do we have quorum?

Serjeant-at-Arms, kindly ring the quorum bell for 10 minutes.

Order, hon. Senators. Kindly proceed to take your seats. We have a quorum now. We proceed with today’s business.

Clerk, you may now call the first Order. Senate Minority Leader, Sen. Madzayo, kindly take your seat.

Hon. Senators, I wish to report to the Senate that I have, pursuant to Standing Order 48 No.(3), received a Message from the Speaker of the County Assembly of Kericho regarding a resolution of the County Assembly of Kericho for the proposed removal from office, by impeachment, of Hon. (Dr.) Erick Kipkoech Mutai, the Governor of Kericho County, pursuant to Article 181(1)(a), (b) and (c) of the Constitution as read together with Section 33 of the County Governments Act and Standing Order No.74 of the County Assembly of Kericho.

Hon. Senators, I did, vide Kenya Gazette No. 13167 Vol. CXXVI – No. 154, appoint today, Tuesday, 8th October 2024 at 2.30 p.m. as the Sitting convened for the purpose of hearing the charges in the matter of the proposed removal from office, by impeachment, of Hon. (Dr.) Erick Kipkoech Mutai, the Governor of Kericho County.

The Message by the Speaker of the County Assembly of Kericho was conveyed to the Speaker of the Senate vide a letter dated Wednesday 2nd October, 2024, signed by the Speaker of the County Assembly of Kericho and received in my office on the same date and listed the following grounds of impeachment against the Governor---

Sen. Oburu, you may walk in and take your seat before we proceed.

Constitution and Sections 29 and 34 of the Leadership and Integrity Act, by doing the following-

Hon. Senators, I hereby report to the Senate that a Petition has been submitted, through the Clerk by Mr. Laban Omusundi, regarding the matter of recalling nominated MCAs of county assemblies.

As you are aware, under Article 119 (1) of the Constitution, and I quote- “Every person has the right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.”

Hon. Senators, the salient issues raised in the said Petition are as follows- THAT, there exists laws and frameworks for recalling, impeaching or removing political leaders from their respective constitutional offices.

THAT, such provisions do not apply to nominated members of county assemblies. THAT, while elected MCAs may be recalled by their respective constituents, there is no structure in place for the youth or Persons with Disability (PwD) to recall nominated members.

The petitioner, therefore, prays that the Senate amend the County Governments Act to provide a framework for recalling nominated members of county assembly through public initiative.

Hon. Senators, pursuant to Standing Order No. 238 (1) , I commit the Petition to the Standing Committee on Justice, Legal Affairs and Human Rights for consideration. In terms of Standing Order No. 238 (2) (a) , the Committee is required in not more than 60 calendar days from the time of reading this prayer, which is today, to table its report in the Senate for consideration. The Senate shall thereafter consider the report of the Committee.

I thank you.

Next Order.

Senate Majority Leader, proceed.

Mr. Speaker, Sir, I beg to lay the following Papers on the table of the Senate today, Tuesday, 8th October, 2023-

Chairperson, Standing Committee on Finance and Budget.

Thank you very much, Mr. Speaker, Sir. I beg to lay the following Paper on the table of the Senate today, 8th October, 2024-

The Chairperson Standing Committee on Education. Sen. Joe Nyutu, proceed.

Mr. Speaker, Sir, I beg to lay the following Petitions’ report on the Table of the Senate, today, 8th October, 2024-

Order, hon. Senators. Sen. Eddy, you are seated next to a senior. Certainly, you ought to draw good manners.

Before I allow the Clerk to call the next Order, I will call Sen. Mohamed Chute to proceed to substantiate the allegation he made on Tuesday, 1st October, 2024, by claiming that Mr. David Kibet Kimei, a nominee for appointment to the position of the Director General of the Competition Authority of Kenya had not been cleared by the Ethics and the Anti-Corruption Commission (EACC) .

You may proceed, Sen. Chute, to substantiate.

Mr. Speaker, Sir, what was the issue because I was not asked to substantiate anything. I am not aware of that.

Sen. Chute, let me refresh your memory by reading the HANSARD.

On that particular day, when you rose to speak, you said: “Thank you, very much, Mr. Temporary Speaker, Sir. Let me take this opportunity to oppose this Motion completely. There is a problem in this country. I do not know what name I should give this country. This country is very tribalistic. I will tell you why this man, Mr. David Kibet Kimei, if you ask me today, should not be employed.

First, there is an issue with EACC, who have reported to him---"

Sen. Chute can hear me. Then the Temporary Speaker, Sen. Abdul Haji, said - this because at that point, the Senator for Nandi rose on a point of order -

“What is your point of order, Sen. Cherarkey?” The Temporary Speaker,

“Sen. Chute, please, resume your seat and mute your microphone.”

Then, the Senator for Nandi proceeded, having been given the Floor by

“Sir, I rise pursuant to Standing Order No.105 on the responsibility of the statement of facts. Is it in order for Sen. Chute to allege tribalism and the issues that are within the EACC? Can he substantiate by tabling that evidence so that we can be satisfied?”

This is what you said,

“Mr. Temporary Speaker, Sir, in my Committee, we already have a report that shows that this country is very tribal. I will table that report next week. This is what is happening in this country. Mr. Temporary Speaker, Sir, let me give you a scenario. First of all, I am ready to substantiate because it is in my report. As I said, I will table it next week.”

Mr. Speaker, Sir, first of all, I would want to make something very clear. The Senator for Embu pronounced my name as Shute.

Sen. Chute, I will read Standing Order No.105 (2) before I proceed to make my ruling:

“If a Senator has sufficient reason to convince the Speaker that the Senator is unable to substantiate the allegations instantly, the Speaker shall require that such Senator substantiates the allegations not later than the next sitting day, failure to which the Senator shall be deemed to be disorderly within the meaning of Standing Order No.121 (Disorderly conduct) unless the Senator withdraws the allegations and gives a suitable apology, if the Speaker so requires”.

Having failed to substantiate on the date that was indicated by the Temporary Speaker then, which is today, under Standing Order No.105, it therefore follows that you have two options: Either, withdraw, apologise or I will deem you out of order, pursuant to Standing Order No.121 and proceed to ask you to leave the Chamber. Which of those two are you going for?

Mr. Speaker, Sir, these are facts which are in this country and everybody knows. Even a young 10-year-old boy knows this. I am not going to apologise for what I have in my Committee. I would rather leave this House.

Hon. Chute, kindly withdraw from the precincts of Parliament for the reminder of today’s Sitting.

Mr. Speaker, Sir, I wish to give notice of the following Motion- THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on Wednesday, 2nd October, 2024, the County Assembly of Kericho approved a Motion for the removal from office, by impeachment, of the Honourable (Dr.) Erick Kipkoech Mutai, Governor of Kericho County; FURTHER WHEREAS, by letter Ref. No. KCA/SP/3 Vol. I/4/

Very well, the Chairperson Committee on Education, proceed.

Next Order, Clerk.

Now allow me to rearrange today's Order Paper pursuant to Standing Order No. 45 (2) and prosecute Order No.9. Then we will come back to Questions and Statements.

Senator for Nairobi City County, you may proceed to move your Motion. Clerk, call the order first.

Thank you, Mr. Speaker, Sir. I beg to move- THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on Wednesday, 2nd October, 2024, the County Assembly of Kericho approved a Motion for

the removal from office, by impeachment, of the Hon. (Dr.) Erick Kipkoech Mutai, Governor of Kericho County. FURTHER WHEREAS, by letter Ref. No. KCA/SP/3 Vol. I/4/

Senator for Nandi, let the Nairobi City County Senator move his Motion. Take your seat.

Mr. Speaker, Sir, I was saying that I can hear murmurings, but this is something that we have done multiple times in this House. As far as I know, the Standing Orders do not allow us, as a leadership, or indeed as Senate Business Committee, to make that decision for Members of this House.

In the absence of a Motion for that decision to be taken, it is impossible for us to move the House for us to hear the Members' views. I know why Sen. Cherarkey is raising his hand. I am sure you will have the opportunity to speak to that. He wants to say something, and I was guided in the SBC this morning that you can bring this Motion without necessarily attaching the names of the Members. Once the House's decision is made, the names can be proposed and debated. That is what is before this House this afternoon. Can I be heard in silence?

Mr. Speaker, Sir, therefore, to keep the matter brief. We propose a Motion

for you to make the decision, out of respect for our own Standing Orders and respect for the Members of this House. All of us will abide by that decision.

With those many remarks, I can see my seconder has come into the House. I request Sen. Veronica Maina to second the Motion.

Thank you.

Order, hon. Senators. Order, Senator for Nandi. If you have an issue with this Motion, once it is moved, you will have an opportunity. In fact, can I confirm to you that once it is seconded and I propose the question, you will be the first Senator to speak to this?

Sen. Oketch Gicheru, you do not debate my ruling. Proceed Sen. Veronica Maina.

Thank you, Sen. Sifuna for giving me this opportunity to second this Motion. I have thought through this Motion, and it is my considered opinion that I would not wish to continue with seconding this Motion.

I, therefore, decline to second this Motion. I request the Senator for Nairobi City to give me the opportunity to second one of his substantive, well-thought-out Motions.

Order, Hon. Senators. Hon. Senators, be orderly. Sen. Gataya Mo Fire. The Motion, having lacked a seconder, dies naturally.

I will proceed, therefore, to make the following communication.

Hon. Senators, you will note that Sen. Sifuna MP has moved a Motion for the establishment of a Special Committee to investigate the proposed removal from office by impeachment of Hon. Dr. Eric Kipkoech Mutai, the Governor of Kericho County. The Motion has, however, failed to get a seconder.

Standing Order No.70 (1) states as follows- “The question on any Motion shall not be proposed unless it shall have been seconded and any Motion that is not seconded shall be deemed to have been withdrawn

and shall not be moved again in the same Session, unless with the permission of the Speaker.”

In this case, nobody has sought to reintroduce that Motion. As I communicated earlier today during the sitting, by way of a Message, on the resolution of the County Assembly of Kericho, Section 33(3)(a) of the County Governments Act and Standing Order No.80(1)(b) of the Senate, provide that the Senate may-

Yes, Sen. Boni.

Thank you, Mr. Speaker, Sir, for indulging me. It has become a tradition of hearings of impeachment to be done in the period that you have guided the House. However, we have also learned that we normally create too much pressure on the witnesses, the parties and Members of this House in those two days.

I would like to appeal to you purely on matters of natural justice. The tension and pressure that we create, especially to the parties should be reviewed.

Mr. Speaker, Sir, since the window is 10 days, what is wrong with you opening up your ruling, so that the hearings are not limited to those two days? We should have three or even four days. That is important so that Senators, especially during debate, can

inform the House what they have heard and what they believe should be the preferred verdict. I plead that we prolong this period of consideration

Sen. Wambua, you had something to say?

I do not know where Sen. (Dr.) Khalwale has disappeared to. Mr. Speaker, Sir, I have listened to what Sen. (Dr.) Khalwale said. This is a House of records. Sen. (Dr.) Khalwale has, for all intents and purposes, failed us on that matter of impeachment.

If I can remember, Sen. (Dr.) Khalwale undertook to bring to this House an Impeachment Bill, so that we are no longer at the mercy of the Speaker in determining how long an impeachment should take. So, before you blame the Speaker for shortening the dates, bring the Bill.

Sen. Wambua, certainly you are not under the mercy of the Speaker on this particular matter. This is a substantive business of the House. Before the Speaker pronounces or communicates to the House, it is normally a substantive agenda before the SBC.

At its sitting, the SBC resolved that this particular impeachment hearing be done on 14th October, 2024 and 15th October, 2024 As the Speaker, what I did was to communicate that particular decision. However, I fully take on board your concerns. It is something that we need to consider going forward. However, for this particular one, it will be heard on 14th October, 2024 and 15th October, 2024.

I am not saying it shall come before us, but in the event that whatever process that is taking place in the National Assembly finds its way to the Senate, we may not have even an extra hour to add to those two days we have given for this impeachment because the period will be running for both processes.

Therefore, for this particular one, we will have two days. However, going forward, I certainly agree with both Sen. (Dr.) Boni and the Senator for Kitui.

Yes, Sen. Mungatana.

Mr. Speaker, Sir, in terms of thinking ahead, reading the charges that you have shared with us, some of the evidence that we anticipate will be a bit sensitive and maybe personal. I am wondering how we shall protect the identity of the witnesses. Perhaps you should give a way forward, so that while we balance the issues where the public should know what we are doing, we also need to protect some of these witnesses.

I submit, Mr. Speaker, sir.

Hon. Senators, let us cross the bridge when we get there. This hearing has not started. Therefore, let it run.

We may or may not get there. If we get there, certainly, we will make the proper guidance on this particular matter.

Next Order.

Just call Order No.8. After that, we move back to Order No.10. Proceed.

Call Order No.10.

This is the Committee of the Whole and we are going through the new amendments that are being introduced in the Gambling Control Bill, (National Assembly Bills No.70 of 2023). Most of these amendments were canvassed on 15th May, 2024. So, we will only go through the new amendments that have been introduced.

I will therefore go straight to Clause 11. Clause 11

The Temporary Chairperson (Sen. Veronica Maina): I request Sen. Alan Chesang to move this amendment. Sen. Chesang, can you approach the Clerk’s desk?

I beg to move- THAT, Clause 11 of the Bill be amended by inserting the following new subsection immediately after subsection (4) -

I request Sen. Alan Chesang to move this amendment. Sen. Chesang, can you approach the Clerk’s desk?

I beg to move- THAT, Clause 11 of the Bill be amended by inserting the following new subsection immediately after subsection (4) -

Madam Temporary Chairperson, I beg to move- THAT clause 79 of the Bill be amended by-

I beg to move- THAT Clause 123 of the Bill be amended by renumbering the current provision as sub clause (1) and inserting therefor the following new sub clauses immediately after the new clause (1) —

Cap 269 (2) The Kenya Revenue Authority Act, is amended in Part II of the First Schedule, by deleting paragraph 7 and substituting therefor the following new paragraph—

I beg to move- THAT Clause 123 of the Bill be amended by renumbering the current clause as subclause (1) and inserting the following new subclauses—

I beg to move - THAT the Bill be amended by inserting the following new clause immediately after Clause 57-

Lottery tax. 57A. (1) There shall be a tax to be known as lottery tax chargeable at the rate of fifteen per cent of the lottery turnover.

cent of the gaming revenue.

cent of the gaming revenue.

(Question, that New Clause 66A be part of the Bill, proposed) The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 82A

The Temporary Chairperson (Sen. Veronica Maina): Proceed, Sen. Alan Chesang.

(Question, that New Clause 66A be part of the Bill, proposed) The Temporary Chairperson (

Division will be at the end. New Clause 82AThe Temporary Chairperson (

Thank you, Madam Temporary Chairperson. I am sure that my colleague, Sen. Osotsi, does not realize that this is the Gambling Control Bill (National Assembly Bills No.70 of 2023) . In fact, we can increase the tax by 100 per cent.

The Temporary Chairperson

: You should allow Sen. Chesang’ to explain it first.

Okay, Senate Majority Leader, proceed.

Thank you, Madam Temporary Chairperson. Sen. Osotsi, if you have followed, these are already existing measures, they are not new ones only that they are being taken away from the previous legislation to the Gambling Authority.

The Temporary Chairperson

: The Senator of Nandi County, you may proceed. Please, move to the Dispatch Box, your microphone is not working.

Madam Temporary Chairperson, I think this tax exists. In fact, under the Finance Bill, it can be reviewed yearly. So, even if it is on the Gambling Bill as at the moment, it can still be reviewed within the Finance Bill yearly depending on the financial year.

The Temporary Chairperson

: Hon. Senators, the Divisions will be taken at the end for both Bills and so, we are proceeding to the Tea Bill.

Sen. Sifuna, do you have an amendment to the Gambling Control Bill.

You had already canvassed on that amendment. Had you not?

In this era where our people are very sensitive on matters of tax, it will be important for the Mover to explain what the import of the amendments are so that we can move along together.The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT Clause 3 of the Bill be amended—

Madam Temporary Chairperson, I beg to move - THAT Clause 6 of the Bill be amended in the proposed new subsection

(1A)

by deleting the word “Enterprise” appearing immediately after the words “Special Economic Zone”.

The Temporary Chairperson

: Division at the end. Clause 7

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting clause 7 and substituting therefor the following new clause—

You should allow Sen. Chesang’ to explain it first. Okay, Senate Majority Leader, proceed.

Thank you, Madam Temporary Chairperson. Sen. Osotsi, if you have followed, these are already existing measures, they are not new ones only that they are being taken away from the previous legislation to the Gambling Authority. The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting clause 12 and substituting therefor the following new clause–

Madam Temporary Chairperson, I beg to move- THAT clause 13 of the Bill be amended –

Madam Temporary Chairperson, I beg to move:- THAT Clause 15 of the Bill be amended in paragraph

(b)

in the proposed new subsection

(2)

by deleting the word “immovable” appearing immediately after the word “All” at the beginning of the proposed subsection.

The Temporary Chairperson

: Division will be at the end. New Clause 2A

Hon. Senators, the Divisions will be taken at the end for both Bills and so, we are proceeding to the Tea Bill. Sen. Sifuna, do you have an amendment to the Gambling Control Bill. (Sen. Sifuna spoke off record) You had already canvassed on that amendment. Had you not?

Madam Temporary Chairperson, if the record reflects that I had already canvassed on it then, it is okay. The Temporary Chairperson (

The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. New Clause 5A

That is what I am advised, and so, we proceed to the Tea (Amendment) Bill (Senate Bills No.1 of 2023)

Madam Temporary Chairperson, I beg to move- THAT Clause 3 of the Bill be amended—

Madam Temporary Chairperson, I will stand in for him. The Temporary Chairperson

: Sen. Ogola will stand in for Sen. Okiya Omtatah. Can you go on record as representing Sen. Okiya Omtatah?

Thank you, Madam Temporary Chairperson. I am representing Sen. Okiya Omtatah.

Division at the end. Clause 7

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting clause 7 and substituting therefor the following new clause—

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

Madam Temporary Chairperson, I beg to move- THAT clause 11 of the Bill be amended

you get at what intervals, but you make it broader by giving family health education, which is far much bigger than limiting the number of children.

I thank you. (Question of the further amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Thank you, Sen. (Dr.) Khalwale. There is a further amendment by Sen. Okiya Omtatah. Sen. Ogola, do you have instructions to represent him?

Thank you, Madam Temporary Chairperson. I confirm that I have instructions to represent Sen. Okiya Omtatah.

Madam Temporary Chairperson, on behalf of Sen. Okiya Omtatah,I beg to move – Clause 6

THAT Clause 6 of the Bill be amended in subclause

(1)

by—

(c)

inserting the words “including hormonal profiling and the provision of prenatal vitamins” immediately after the words “preconception care services” appearing in paragraph

(b)

; and

(d)

inserting the words “as may be prescribed by the Cabinet Secretary” immediately after the words “appropriate counselling services” appearing in paragraph

(c)

.

The Temporary Chairperson

: I have noted that the amendments are not conflicting to one another so they can all proceed.

Division will be at the end. Clause 7

The Temporary Chairperson

: I invite the Chairperson, Standing Committee on Health represented by Sen. Mariam Omar, to move the amendment.

Thank you, Madam Temporary Chairperson. I beg to move- THAT, Clause 7 of the Bill be amended in subclause (2) by—

Madam Temporary Chairperson, I confirm that I am representing Sen. Okiya Omtatah. I beg to move-

THAT, Clause 7 of the Bill be amended in subclause

(2)

(b)

by inserting the words “as may be prescribed by the Cabinet Secretary” immediately after the words “free prenatal care”.

The Temporary Chairperson

: Division will be at the end. Once again, the two amendments can coexist because they are amending different paragraphs of subclause

(2)

. Clause 8

The Temporary Chairperson

: I invite the Chairperson, Standing Committee on Health represented by Sen. Mariam Omar, to move the amendment.

Division will be at the end. New Clause 2A

Madam Temporary Chairperson, I beg to move- THAT section 5 of the principal of the Act be amended in paragraph (e) by deleting the words “commercial green leaf transporters,” appearing immediately after the words “commercial tea nurseries”.

Question, that New Clause 2A be read a Second Time proposed)

Madam Temporary Chairperson, I confirm that I am representing Sen. Okiya Omtatah. I beg to move: -

THAT, Clause 8 of the Bill be amended by inserting the following new subclause immediately after subclause (3) —

(3A) The consent under subsection (3) shall not be required where—

Madam Temporary Chairperson, I agree to drop my amendment.

The Temporary Chairperson

: Thank you, Sen. Mariam Omar.

Division will be at the end. New Clause 5A

The Temporary Chairperson (Sen. Veronica Maina): Division will be at the end. Clause 9

Madam Temporary Chairperson, I confirm that I am representing Sen. Okiya Omtatah. I beg to move-

THAT, Clause 9 of the Bill be amended—

Division will be at the end. Clause 2

Madam Temporary Chairperson, I beg to move- THAT Clause 2 of the Bill be amended —

Madam Temporary Chairperson, I will stand in for him. The Temporary Chairperson (

Thank you, Madam Temporary Chairperson. I beg to move-

THAT, Clause 11 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (c) —

(ca) counselling services for pregnant women who intend or are considering not carrying their pregnancies to term;

(cb) post abortion health care services; Madam Temporary Chairperson, the import of this amendment is that after a woman has gone through an abortion, it is usually very traumatic, therefore, they require both medical and social care.

(cc) counselling services for adolescents undergoing postpartum care to encourage them to maintain and care for their children.

I thank you.

The Temporary Chairperson

: Division will be at the end. The two amendments can also co-exist. They are amending different subclauses of Clause 11. Clause 12

Madam Temporary Chairperson, I beg to move THAT, Clause 12 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (d) —

(da) ensure that all national referral health facilities that offer maternal healthcare designate resources within the respective facility for provision of physical and mental healthcare to women who have lost children through stillbirth or during delivery;

(db)

facilitate the provision of mental healthcare to maternal women in national referral health facilities.

Madam Temporary Chairperson, on behalf of Sen. Okiya Omtatah, I beg to move-

THAT clause 5 of the Bill be amended—

Thank you, Madam Temporary Chairperson, I beg to move - THAT, Clause 6 of the Bill be amended in subclause (1) by deleting the word “agencies” appearing immediately after the words “to adoption services” in paragraph (e) and substituting therefor the words “that comply with Part XIV of the Children Act”. (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT, Clause 13 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (b) —

(ba)

maternal and neonatal deaths recorded in each county. Madam Temporary Chairperson, the importance of this statistic is that it will contribute to how much money will be shared in the revenue sharing formula because it tracks the quality of healthcare, which is a health indicator.

The Temporary Chairperson

: There is a further amendment by Sen. Andrew Omtatah Okoiti. Yes, Sen. Ogola.

Madam Temporary Chairperson, on behalf of Sen. Andrew Omtatah Okoiti, I beg to move:

THAT, Clause 13 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (b) —

(ba)

maternal and neonatal deaths recorded in each county with an analysis of root causes and recommended interventions to address the causes.

The Temporary Chairperson

: Division at the end.

For these two amendments, Sen. (Dr.) Khalwale’s amendment is also carried in Sen. Omatah’s amendment. Sen. Omtatah’s amendment has an additional text. The proposal is to request Sen. (Dr.) Khalwale to consider dropping his amendment in favour of Sen. Omtatah’s amendment.

Thank you, Madam Temporary Speaker. Allow me to assert that I have no objection in the two amendments being read together, so that an improved version is made. This is important because the country will be shocked that a doctor of medicine is dropping an amendment in favour of an amendment by a man who is a layman in medicine.

The Temporary Chairperson

: Order, hon, Senators. Wait a bit, Sen. Methu.

Do I hear your response to mean that you, Sen. (Dr.) Khalwale, do not wish to drop your amendment in favour of a lay Senator in medicine?

Madam Temporary Chairperson, it is a question of language. I was saying it be read together. With maximum respect, reading them together with the additional proposal by my brother, Okiya Omtatah, will carry my thinking.

The Temporary Chairperson

: Okay. We request that the amendments by Sen. Omtatah and Sen. (Dr.) Khalwale be consolidated. This is just to protect his certificate of practice in medicine.

Division at the end. Clause 14

Thank you, Sen. (Dr.) Khalwale. There is a further amendment by Sen. Okiya Omtatah. Sen. Ogola, do you have instructions to represent him?

Thank you, Madam Temporary Chairperson. I confirm that I have instructions to represent Sen. Okiya Omtatah. Madam Temporary Chairperson, on behalf of Sen. Okiya Omtatah,I beg to move – Clause 6 THAT Clause 6 of the Bill be amended in subclause (1) by— (c) inserting the words “including hormonal profiling and the provision of prenatal vitamins” immediately after the words “preconception care services” appearing in paragraph (b) ; and (d) inserting the words “as may be prescribed by the Cabinet Secretary” immediately after the words “appropriate counselling services” appearing in paragraph (c) . (Question of the further amendment proposed) The Temporary Chairperson (

Thank you, Madam Temporary Chairperson. I beg to move-

THAT Clause 14 of the Bill be amended in paragraph (h) by inserting the words “and traditional” immediately after the words “programmes for skilled”;

The importance of this is that it should not be lost to Kenyans that a high percentage of women in the rural areas attend a high percentage of our births. Therefore, when you have programmes for the skilled, you should always remember that you must have similar services, simultaneously for the traditional birth attendants.

The Temporary Chairperson

: Division at the end.

Thank you, Sen. Andrew Omtatah Okoiti.

Thank you, Madam Temporary Chairperson. I still have instructions to represent, Sen. Andrew Omtatah Okoiti.

The Temporary Chairperson

: I am aware he is in the House or he has ceded his ground.

I invite the Chairperson, Standing Committee on Health represented by Sen. Mariam Omar, to move the amendment.

Thank you, Madam Temporary Chairperson. I beg to move- THAT, Clause 7 of the Bill be amended in subclause (2) by—

Madam Temporary Chairperson, I confirm that I am representing Sen. Okiya Omtatah. I beg to move- THAT, Clause 7 of the Bill be amended in subclause (2) (b) by inserting the words “as may be prescribed by the Cabinet Secretary” immediately after the words “free prenatal care”. (Question of the amendment proposed) The Temporary Chairperson (

Madam temporary Chairperson, I beg to move- THAT Clause 15 of the Bill be amended— a) deleting the words “who serve pregnant women” appearing immediately after the words “health care providers” in paragraph (a) ; and

b) by deleting the word “workers” appearing immediately after the words “community health” in paragraph

(c)

and substituting therefor the word “promoters”.

Division at the end.

The Temporary Chairperson

: Hon. Senators, there is a further amendment to Clause 15 by Sen. Andrew Omtatah Okoiti. Yes, Sen. Beatrice.

Thank you, Madam Temporary Chairperson, with further instructions, I beg to move:

THAT Clause 15 of the Bill be amended by inserting the following new paragraph immediately after paragraph (d) —

I invite the Chairperson, Standing Committee on Health represented by Sen. Mariam Omar, to move the amendment.

Thank you, Madam Temporary Chairperson. I beg to move: - THAT Clause 8 of the Bill be amended by inserting the following new subclause immediately after subclause (2) — (2A) Where the child under subsection (1) is an intersex child, the health care provider shall provide the appropriate specialised medical treatment and care to that child. (Question of the amendment proposed) The Temporary Chairperson (

THAT Clause 16 of the Bill be amended in subclause (2) by inserting the following new paragraphs immediately after paragraph (b)—

(ba) develop and implement public awareness and community participation campaigns targeting persons with special needs and informing them of their rights under the Act;

(bb) promote awareness of the rights under this Act and the bodies responsible for effecting and protecting the rights.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Hon. Senators, I request you not to leave the Chamber because we have divisions at the end. If we have division and we do not have quorum, we will collapse the business of the day.

I also request the Senators who are watching us and are within the precincts of Parliament to be on stand-by or come back to the House. We are about to do divisions after we finish these amendments. Clause 17

There is a further amendment to this Clause. I invite Sen. Kibwana to prosecute the amendment.

Thank you, Madam Temporary Chairperson. I beg to move: - THAT, Clause 8 of the Bill be amended by—

Madam Temporary Chairperson, I confirm that I am representing

Clause 18

- THAT, Clause 8 of the Bill be amended by inserting the following new subclause immediately after subclause (3) — (3A) The consent under subsection (3) shall not be required where—

Madam Temporary Chairperson, I agree to drop my amendment. (Proposed amendment to Clause 8 by

Clause 21

Thank you, Sen. Mariam Omar. (Question of the amendment proposed)

Thank you, Madam Temporary Chairperson. Based on the same instructions by Sen. Okiya Omtatah, I beg to move-

THAT Clause 24 of the Bill be amended by inserting the following new subclause immediately after subclause (2) —

(2A)

The county executive committee member, the Kenya Medical Practitioners and Dentists Council, the Clinical Officers Council, the Nursing Council of Kenya and the Kenya Health Professions Oversight Authority shall, where they suspect a person to have committed an offence under subsection

(2)

, refer the matter to the Directorate of Criminal Investigations for investigation.

The Temporary Chairperson

: Division will be at the end.

Clause 25

Thank you, Madam Temporary Chairperson. Based on the same instructions by Sen. Okiya Omtatah, I beg to move-

THAT Clause 25 of the Bill be amended in subclause (2) by—

Thank you, Madam Temporary Chairperson. I beg to move- THAT Clause 2 of the Bill be amended— a) in the definition of the term “maternal” by deleting the words “morbidity” means illness” appearing immediately after the words “days after childbirth”;

b) by deleting the definition of the term “unborn child”; and c) by inserting the following new definitions in the proper alphabetical sequence—

“community health promoter” has the meaning assigned to it under section 2 of the Primary Health Care Act; and

“intersex child” means a child with a congenital condition in which the biological sex characteristics cannot be exclusively categorised in the common binary of female or male due to inherent and mixed anatomical patterns, which could be apparent prior to, at birth, or in childhood.

The Temporary Chairperson

: Sen. Kibwana has made a further amendment to the clause.

Thank you, Madam Temporary Chairperson. I beg to move- THAT Clause 2 of the Bill be amended by inserting the following new definitions in the proper alphabetical sequence—

“community health promoter” has the meaning assigned to it under section 2 of the Primary Health Care Act.

Division will be at the end. Notably, the two amendments can coexist because they are amending different subclauses of Clause 9. Clause 10 (Question, that Clause 10 be part of the Bill, proposed) The Temporary Chairperson (

The Temporary Chairperson (Sen. Veronica Maina): Division will be as the end.

Hon. Senators, there is a further amendment by Sen. Okiya Omtatah.

Division will be at the end.

Thank you, Madam Temporary Chairperson. I beg to move- THAT the Bill be amended by inserting the following New Clause immediately after Clause 25—

Amend ment to section 226 of Cap. 63.

I beg to move that New Clause 26 be read a Second Time.

Madam Temporary Chairperson, I represent Sen. (Dr.) Khalwale, I propose that the New Clause 26 be read a Second time.

THAT the Bill be amended by inserting the following new clauses immediately after clause 25—

Amendment to section 17 of Cap. 258A.

Thank you, Madam Temporary Chairperson. I beg to move- THAT, Clause 11 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (c) — (ca) counselling services for pregnant women who intend or are considering not carrying their pregnancies to term; (cb) post abortion health care services; Madam Temporary Chairperson, the import of this amendment is that after a woman has gone through an abortion, it is usually very traumatic, therefore, they require both medical and social care. (cc) counselling services for adolescents undergoing postpartum care to encourage them to maintain and care for their children. I thank you. (Question of the further amendment proposed) The Temporary Chairperson (

Division will be at the end. The two amendments can also co-exist. They are amending different subclauses of Clause 11. Clause 12

Madam Temporary Chairperson, I beg to move THAT, Clause 12 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (d) —

(da) ensure that all national referral health facilities that offer maternal healthcare designate resources within the respective facility for provision of physical and mental healthcare to women who have lost children through stillbirth or during delivery;

(db)

facilitate the provision of mental healthcare to maternal women in national referral health facilities.

The Temporary Chairperson (

(Question, that New Clause 26 and New Clause 27 be now read a second Time, put and

the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Boy, Kwale County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Lelegwe Ltumbesi; Samburu County; Sen. Lomenen, Turkana County; Sen. Mariam Omar, Mandera County; Sen. Methu, Nyandarua County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu 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. Omogeni, Nyamira County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

Thank you, Madam Temporary Chairperson. I confirm that I am representing Sen. Okiya Omtatah. I beg to move- THAT, Clause 12 of the Bill be amended in subclause (1) by inserting the following new paragraph immediately after paragraph (b) — (ba) develop standards and guidelines for the effective delivery of specialised maternal, newborn and child health services to persons with special needs. (Question of the further amendment proposed) The Temporary Chairperson (

Division will be at the end. The two amendments can co-exist. They are amending different sub-clauses of Clause 12. Clause 13

Madam Temporary Chairperson, I beg to move- THAT, Clause 13 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (b) — (ba) maternal and neonatal deaths recorded in each county. Madam Temporary Chairperson, the importance of this statistic is that it will contribute to how much money will be shared in the revenue sharing formula because it tracks the quality of healthcare, which is a health indicator. (Question of the amendment proposed) The Temporary Chairperson (

There is a further amendment by Sen. Andrew Omtatah Okoiti. Yes, Sen. Ogola.

Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

Division at the end. For these two amendments, Sen. (Dr.) Khalwale’s amendment is also carried in Sen. Omatah’s amendment. Sen. Omtatah’s amendment has an additional text. The proposal is to request Sen. (Dr.) Khalwale to consider dropping his amendment in favour of Sen. Omtatah’s amendment.

Thank you, Madam Temporary Speaker. Allow me to assert that I have no objection in the two amendments being read together, so that an improved version is made. This is important because the country will be shocked that a doctor of medicine is dropping an amendment in favour of an amendment by a man who is a layman in medicine. (Several Senators spoke off record) The Temporary Chairperson (

Order, hon, Senators. Wait a bit, Sen. Methu. Do I hear your response to mean that you, Sen. (Dr.) Khalwale, do not wish to drop your amendment in favour of a lay Senator in medicine?

Madam Temporary Chairperson, it is a question of language. I was saying it be read together. With maximum respect, reading them together with the additional proposal by my brother, Okiya Omtatah, will carry my thinking. The Temporary Chairperson (

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

Madam Temporary Chairperson, I beg to move: THAT Clause 14 of the Bill be amended by inserting the words “and traditional” immediately after the words “programmes for skilled” appearing in paragraph

(h)

.

Division at the end.

Hon. Senators, there is a further amendment by Sen. Hamida Kibwana.

Thank you, Madam Temporary Chairperson. I beg to move:

THAT Clause 14 of the Bill be amended by—

Thank you, Madam Temporary Chairperson. I beg to move- THAT Clause 14 of the Bill be amended in paragraph (h) by inserting the words “and traditional” immediately after the words “programmes for skilled”; The importance of this is that it should not be lost to Kenyans that a high percentage of women in the rural areas attend a high percentage of our births. Therefore, when you have programmes for the skilled, you should always remember that you must have similar services, simultaneously for the traditional birth attendants. (Question of further amendment to Clause 14 proposed) The Temporary Chairperson (

Division at the end. Thank you, Sen. Andrew Omtatah Okoiti.

Thank you, Madam Temporary Chairperson. I still have instructions to represent,

I am aware he is in the House or he has ceded his ground.

Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

Okay, Sen. Beatrice.

Thank you for that guidance. On behalf of Sen. Andrew Omtatah Okoiti, I beg to move-

THAT Clause 14 of the Bill be amended—

Yes, Madam Temporary Chairperson. In fact, when Sen. Omtatah was making this amendment after mine and I became his consultant. Therefore, I agree. (Further amendment to Clause 14 by Sen. (Dr.) Khalwale dropped) (Question of further amendment to Clause 14 proposed) The Temporary Chairperson (

Division will be at the end. Clause 15

Madam temporary Chairperson, I beg to move- THAT Clause 15 of the Bill be amended— a) deleting the words “who serve pregnant women” appearing immediately after the words “health care providers” in paragraph (a) ; and b) by deleting the word “workers” appearing immediately after the words “community health” in paragraph (c) and substituting therefor the word “promoters”. (Question of the amendment proposed) Division at the end. The Temporary Chairperson (

Hon. Senators, there is a further amendment to Clause 15 by Sen. Andrew Omtatah Okoiti. Yes, Sen. Beatrice.

Thank you, Madam Temporary Chairperson, with further instructions, I beg to move:

THAT Clause 15 of the Bill be amended by inserting the following new paragraph immediately after paragraph (d) —

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the Tea (Amendment) Bill (Senate Bills No.1 of 2023) and its approval thereof with amendments.

The Temporary Chairperson

: We are proceeding to the third Bill, the Maternal, Newborn and Child Health, Bill

(Senate Bills No.17 of 2023)

. I now invite the Mover to report.

Thank you, Mr. Temporary Chairperson. I beg to Move that the Committee do report to the Senate its consideration of the Maternal, Newborn and Child Health Bill (Senate Bills No.17 of 2023) and its approval thereof with amendments.

Order, hon. Members. Let us resume our seats. Hon. Members, we are now going to report progress on the Bills considered in the Committee of the Whole. We shall start with the Gambling Control Bill (National Assembly Bills No.70 of 2023) . I call upon the Chairperson to proceed.

Division at the end. Hon. Senators, I request you not to leave the Chamber because we have divisions at the end. If we have division and we do not have quorum, we will collapse the business of the day.I also request the Senators who are watching us and are within the precincts of Parliament to be on stand-by or come back to the House. We are about to do divisions after we finish these amendments. Clause 17

Madam Temporary Chairperson, I beg to move- THAT Clause 17 of the Bill be amended in subclause

(3)

by inserting the words “and published in an accessible format” immediately after the words “easily accessible” appearing in paragraph

(a)

.

Division at the end.

Hon. Senators, there is a further amendment to Clause 17 by Sen. Andrew Omtatah Okoiti.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Gambling Control Bill (National Assembly Bills No.70 of 2023) and its approval thereof with amendments.

Mover?

The Division will be at the end. Once again, these two amendments can coexist because they are amending different subclauses of Clause 17.

Mr. Temporary Speaker, Sir, I second.

I call upon the Mover to proceed.

Clause 21

Thank you, Madam Temporary Chairperson. On the exact instructions by Sen. Okiya Omtatah. I beg to move-

THAT Clause 21 of the Bill be amended in subclause (2) by—

Thank you, Madam Temporary Chairperson. Based on the same instructions by Sen. Okiya Omtatah, I beg to move- THAT Clause 24 of the Bill be amended by inserting the following new subclause immediately after subclause (2) — (2A) The county executive committee member, the Kenya Medical Practitioners and Dentists Council, the Clinical Officers Council, the Nursing Council of Kenya and the Kenya Health Professions Oversight Authority shall, where they suspect a person to have committed an offence under subsection (2) , refer the matter to the Directorate of Criminal Investigations for investigation. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Tea (Amendment) Bill, (Senate Bills No.1 of 2023) and its approval thereof with amendments.

Division will be at the end.

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

I request Senator Eddie Oketch to second.

Mr. Temporary Speaker, Sir, I second.

Thank you, Madam Temporary Chairperson. I beg to move- THAT Clause 2 of the Bill be amended— a) in the definition of the term “maternal” by deleting the words “morbidity” means illness” appearing immediately after the words “days after childbirth”; b) by deleting the definition of the term “unborn child”; and c) by inserting the following new definitions in the proper alphabetical sequence— “community health promoter” has the meaning assigned to it under section 2 of the Primary Health Care Act; and “intersex child” means a child with a congenital condition in which the biological sex characteristics cannot be exclusively categorised in the common binary of female or male due to inherent and mixed anatomical patterns, which could be apparent prior to, at birth, or in childhood. The Temporary Chairperson (

Mr. Temporary Speaker, Sir, I beg to move that The Tea (Amendment) Bill, (Senate Bill No.1 of 2023) , be now read a Third Time.

I request Senator Osotsi Godfrey, to second.

Mr. Temporary Speaker, Sir, I second.

The Temporary Chairperson (

I beg to report that the Committee of the Whole has considered The Maternal, Newborn and Child Health Bill, (Senate Bills No.17 of 2023) and its approval thereof with amendments.

Division will be as the end.Hon. Senators, there is a further amendment by Sen. Okiya Omtatah.

Thank you, Madam Temporary Chairperson. Based on the same instructions by Sen. Okiya Omtatah. I beg to move–

THAT Clause 2 of the Bill be amended by—

Thank you, Madam Temporary Chairperson. I beg to move- THAT the Bill be amended by inserting the following New Clause immediately after Clause 25—

Amend ment to section 226 of Cap. 63.

I beg to move that New Clause 26 be read a Second Time.

Madam Temporary Chairperson, I represent Sen. (Dr.) Khalwale, I propose that the New Clause 26 be read a Second time.

THAT the Bill be amended by inserting the following new clauses immediately after clause 25—

Amendment to section 17 of Cap. 258A.

Thank you, Madam Temporary Speaker, I beg to move: That Section 17 care and welfare of children of the Social Assistance Act is amended in subsection (3) by inserting the following new paragraph immediately after paragraph (b) —

Hon. Members, we are now going to the second vote on the Tea (Amendment) Bill (Senate Bills No.1 of 2023) .

Hon. Members, you can now start to vote.

Hon. Senators, we can now proceed to the third and last vote on the Maternal, Newborn and Child Health Bill (Senate Bills No.17 of 2023) .

Hon. Senators, somebody’s phone is playing a video of maybe a session that is happening elsewhere outside the Senate. We request you to switch off those sessions.

Sen. Lomenen, the fingers are pointing at you as the one playing the video. Can you switch off or pause it. We are proceeding to Division. Kindly log in and be ready to vote.

Hon. Senators, proceed to vote. We are on the Maternal, Newborn and Child Health Bill (Senate Bills No.17 of 2023). Proceed to vote on New Clause 26 and Clause

(Question, that New Clause 26 and New Clause 27 be now read a second Time, put and

the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Boy, Kwale County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Lelegwe Ltumbesi; Samburu County; Sen. Lomenen, Turkana County; Sen. Mariam Omar, Mandera County; Sen. Methu, Nyandarua County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu 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. Omogeni, Nyamira County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

Chesang, Trans Nzoia County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mariam Omar, Mandera County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu 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; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; Sen. Wambua, Kitui County.

Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

Hon. Members, these are the results for the Maternal, Newborn and Child Health Bill (Senate Bills No. 17 of 2023) are as follows:

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

Sen. Mwaruma, Taita-Taveta County; Sen. Ogola, Homa Bay County; Sen. Oketch Gicheru, Migori County; Sen. Okiya Omtatah, Busia County; Sen. Omogeni, Nyamira County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

NOES: Sen. Kavindu Muthama, Machakos County and Sen. Mariam Omar, Mandera County;

ABSTENTIONS: Sen. Boy, Kwale County; Sen. Dullo, Isiolo County and Sen. Faki, Mombasa County;

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

County; Sen. Onyonka, Kisii County; Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

NOES: Sen. Mariam Omar, Mandera County; ABSTENTION: Sen. Boy, Kwale County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County and Sen. Kavindu Muthama, Machakos County.

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

Sen. Chesang’, your county produces tea. Proceed and vote for the Bill. (Voting in progress) The Temporary Chairperson (

Thank you, Sen. Osotsi. Since there is no other Member, I will call upon the Senate Majority Leader to reply.

Before you take the microphone, pursuant to Standing Order No. (34) (2) (a) , I will extend the sitting beyond 6.30 p.m. for not more than five minutes to allow you to conclude your reply.

Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County.

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the

Gambling Control Bill (National Assembly Bills No.70 of 2023) and its approval thereof with amendments.

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the Tea (Amendment) Bill (Senate Bills No.1 of 2023) and its approval thereof with amendments. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

We are proceeding to the third Bill, the Maternal, Newborn and Child Health, Bill (Senate Bills No.17 of 2023) . I now invite the Mover to report.

Thank you, Mr. Temporary Chairperson. I beg to Move that the Committee do report to the Senate its consideration of the Maternal, Newborn and Child Health Bill (Senate Bills No.17 of 2023) and its approval thereof with amendments.

Order, hon. Members. Let us resume our seats. Hon. Members, we are now going to report progress on the Bills considered in the Committee of the Whole. We shall start with the Gambling Control Bill (National Assembly Bills No.70 of 2023) . I call upon the Chairperson to proceed.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Gambling Control Bill (National Assembly Bills No.70 of 2023) and its approval thereof with amendments.

Mover?

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

I request Sen. Oketch Gicheru to second.

Mr. Temporary Speaker, Sir, I second.

I call upon the Mover to proceed.

Mr. Temporary Speaker, Sir, I beg to move that the Gambling Control Bill (National Assembly Bills No.70 of 2023) be now read a Third Time.

I request Sen. Sifuna to second.

Mr. Temporary Speaker, Sir, I second.

Hon. Members, Division will be at the end.

We will move to the second one, The Tea (Amendment) Bill (Senate Bills No.1 of 2023) .

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Tea (Amendment) Bill, (Senate Bills No.1 of 2023) and its approval thereof with amendments.

I will call upon the Senate Majority Leader, who will move on behalf of the mover.

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

I request Senator Eddie Oketch to second.

Mr. Temporary Speaker, Sir, I second.

I call upon again the mover to proceed.

Mr. Temporary Speaker, Sir, I beg to move that The Tea (Amendment) Bill, (Senate Bill No.1 of 2023) , be now read a Third Time.

I request Senator Osotsi Godfrey, to second.

Mr. Temporary Speaker, Sir, I second.

Division will be at the end. We now move to the third reporting on the Bill considered in the Committee of the Whole; The Maternal, Newborn and Child Health Bill (Senate Bill No.17 of 2023) .

I call upon the Chairperson to report.

I beg to report that the Committee of the Whole has considered The Maternal, Newborn and Child Health Bill, (Senate Bills No.17 of 2023) and its approval thereof with amendments.

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

Mr. Temporary Speaker, Sir, I beg to move that The Maternal, Newborn and Child Health Bill, (Senate Bill No.17 of 2023) , be now read a Third Time.

I request Senator Boni Khalwale to second.

Mr. Speaker, Sir, with great appreciation of our industry, I second the Nominated Senator from Homa Bay, Beatrice Ogola Oyoma.

Division at the end. Hon. Senators, we are proceeding to do electronic voting one after the other. We will start with The Gambling Control Bill (National Assembly Bills No.70 of 2023) ; followed by the Tea (Amendment) Bill (Senate Bills No.1 of 2023) ; and lastly, the

Maternal, Newborn, and Child Health Bill (Senate Bills No.17 of 2023). We will thereafter announce the results of the same.

Members, you may now log out as we prepare for electronic voting. Please log out and log in. Serjeant-at-Arms, you may pick the unattended cards from the delegates unit.

Sen. Tabitha Keroche! Sen. Tabitha Keroche! Sen. Seki, please, alert Sen. Tabitha Keroche to approach the Clerks’ Table to vote.

Hon. Members, we are now going to the second vote on the Tea (Amendment) Bill (Senate Bills No.1 of 2023) .

Hon. Members, you can now start to vote.

Hon. Senators, we can now proceed to the third and last vote on the Maternal, Newborn and Child Health Bill (Senate Bills No.17 of 2023) .

Sen. Wambua, kindly be assisted to vote.

Hon. Senators, we now have the results of the vote of the three Bills. We will start with the Gambling Control Bill (National Assembly Bills No.70 of 2023) .

(Question, that the Gambling Control Bill (National Assembly Bills No.70 of 2023) be now read a Third Time put, and the Senate proceeded to vote by County Delegation)

AYES: Sen. Abas, Wajir County; Sen. Boy, Kwale County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Faki, Mombasa County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu 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; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; Sen. Wambua, Kitui County.

NOES: Sen. Mariam Omar, Mandera County. ABSTENTIONS: Sen. Dullo, Isiolo County and Sen. Kavindu Muthama, Machakos County.

Hon. Senators, the results are as follows: -

Chesang, Trans Nzoia County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mariam Omar, Mandera County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu 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; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; Sen. Wambua, Kitui County.

Hon. Senators, the results are as follows: -

AYES: Sen. Abass, Wajir County; Sen. Boy, Kwale County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Kavindu Muthama, Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Mariam Omar, Mandera County; Sen. Madzayo, Kilifi County; Sen. Methu, Nyandarua County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu 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 County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; Sen. Wambua, Bungoma County.

Hon. Members, these are the results for the Maternal, Newborn and Child Health Bill (Senate Bills No. 17 of 2023) are as follows:

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

Order, Hon. Members, as you walk out, do so in silence. For the convenience of the House, Orders No.13, 14, 15, 16, 17 and 18 were called out earlier on and are now going to be deferred to the next sitting.

We will now call out Order No.19.

Hon. Members, at the adjournment of the House in our last Sitting, Sen. Godffrey Osotsi, MP, had a balance of 10 minutes to conclude on his contribution on the Bill.

You may proceed.

Thank you, Mr. Temporary Speaker, Sir, I am not sure where I stopped, but I was making a comment on the functions of the Independent Political Parties Regulatory Commission on the issue of funding of political parties. I said that funding of political parties must be re-looked at, in the sense that only parties which comply to the Political Parties Act should be funded. The current arrangement is that some small political parties, which are not fully compliant still receive funding from the national Government. This is trying to fund non-compliance.

The issue of regulating political party nominations in accordance with the Act, I believe that this Act will propose regulations on how this is going to be done, because we want parties to remain independent entities and should not be under the direction of any authority. This is because, if we allow political party decisions to be made by another body, the party will lose its internal democracy that we are seeking to have in all political parties.

The matter of membership of political parties has been a major concern, and I hope that this Commission will address the problem of membership, so that we do not have scenarios where an individual belongs to several or multiple political parties and all that data is kept at the office of the Registrar of Political Parties. The commission should seek to resolve this problem so that we know that a particular person belongs to a particular party and not to parties.

The amendment in Section 35 (b) proposes that the President appoint five commissioners with the approval of the National Assembly.

I want to support Sen. Cherarkey, who said we need to amend this because we cannot legislate ourselves out of work by passing a Bill about the National Assembly.

Mr. Temporary Speaker, Sir, political parties affect everyone, including us Senators. Senate Majority Leader, I know this is a National Dialogue Committee (NADCO) Bill, but we will have to amend it. Both houses must process this appointment. The membership includes two members from the ruling coalition or majority party, two members from the minority coalition, and one member from the non- parliamentary parties. That arrangement is good, but I hope we will not get into the situation we had when processing membership to the Independent Electoral and Boundaries Commission (IEBC) .

We had a dispute, which must not recur again when appointing the Commission's members, so there must be clear regulations on how this process will be conducted.

I am also happy that this Bill on transition Clauses 7 and 8 proposes that the new Commission will absorb the current persons working at the registrar of political parties.

This is an important proposal because we do not want people to lose their jobs because the organisation is turning into another entity. This is progressive, but overall, this idea of having an Independent Political Parties Regulatory Commission is long overdue because now the regulation of political parties is not going to be in the hands of one individual like it is now, but in the hands of a commission of five people.

Mr. Temporary Speaker, Sir, I support the Bill, with that one single amendment on Clause 35(b).

Thank you.

Thank you, Sen. Osotsi. Since there is no other Member, I will call upon the Senate Majority Leader to reply.

Before you take the microphone, pursuant to Standing Order No. (34) (2) (a) , I will extend the sitting beyond 6.30 p.m. for not more than five minutes to allow you to conclude your reply.

Thank you. Mr. Temporary Speaker, Sir. I will not even do the entire five minutes. I will be brief.

First, I want to thank all the colleagues who have spoken to this Bill; Sen. Cherarkey, Sen. Osotsi, Sen. (Prof.) Tom Ojienda and quite a number of Senators have spoken about this extremely important Bill.

I do not see how, as a politician and more so a Member of Parliament, you can fail to have a say in how political parties run. I do not know why Sen. Osotsi is concerned about the amendment from the National Assembly to read Parliament. I thought I had been clear and quite unequivocal about it. Anytime any Committee of this House considers any legislation, anywhere that is written, this report is submitted to the National Assembly; it must always read Parliament. I have said that many times on this Floor.

I hope Sen. Chesang’, the Chairperson of the Committee on Information, Communication and Technology, Sen. Mandago, the Chairperson of the Committee on Health, and all the chairpersons present note that nothing does not concern counties.

That is a lie that one day we will rectify constitutionally, but in the meantime, we must rectify the same by statute. We cannot pass a law here, and I do not foresee any way to sit here as Senators and pass a law that gives work to only one House. Anything that Kenyans concern devolution.

Therefore, I want to challenge all our colleagues that we will have to do this until the drafters of many of these Bills begin to appreciate that Kenya has a bicameral Parliament.

Mr. Temporary Speaker, Sir, you are a legal scholar. Sen. (Prof.) Ojienda here knows that when you read how Parliament, the National Assembly, and the Senate are sometimes used interchangeably in the Constitution, you can tell that by spirit, it was intended to read Parliament nearly all through.

Only by editing or lack of proper attention to detail in the drafting of some of those clauses do you find that on certain provisions or certain offices, it is said that Parliament shall legislate, or Parliament shall approve on others, it says National Assembly. Therefore, this is something that we have spoken about, and we have gone to great lengths to speak about.

On the rest, I hope that the Committee on Justice, Legal Affairs and Human Rights, considering this Bill, will listen and consider the memorandum sent, which I pointed out in my moving notes, by the current Office of the Registrar of Political Parties.

She shared with me, and that I must declare this: comparable jurisdictions that have moved from having a registrar as set up in Kenya to being an independent commission as is being proposed in this Bill. I wish to be bound by the collective wisdom of the Committee on Justice, Legal Affairs and Human Rights on which of the two models would work. What is proposed in the Bill, or how can this Bill be made better?

Mr. Temporary Speaker, Sir, with those many remarks, I beg to reply. Finally, I beg to request to you that under Standing Order No.(66)(3), you defer the putting of question until a later date.

I thank you, Mr. Temporary Speaker, Sir.

Thank you, Majority Leader. Putting of the question as regards this Bill, is deferred to the next sitting of the House.

Let us rise.

Hon. Senators, it is now 6.32p.m. Having concluded the business for which I extended the time of sitting, pursuant to Standing Order No.34 (2) (a) , the Senate stands adjourned until Wednesday 9th October, 2024, at 9.30 a.m.

The Senate rose at 6.32 p.m.