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.

Services, Senate.

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.

Services, Senate.

Services, Senate.

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

and threatening to use the services of the police officer assigned to him to manhandle Mr. Marwa;

(ii) openly vilifying, slighting and berating Hon. Amos Birir, a Member of the County Assembly of Kericho, and describing him as "mentally blind" and "stupid";

(iii) spitefully referring to the Ad-hoc Committee of the County Assembly on the Londiani Accident as "the funeral committee";

(iv) leading a mob to tear down the fence of and invade a privately owned land in Kericho town, illegally designating the subject land as a dumpsite operated by the County Government without requisite gazettement and without the consent and approval of the registered proprietor, the National Environment Management Authority (NEMA);

Environment and Land Court (ELC) in Kericho in ELC Petition No. E001 of 2022;

(vi) engaging in indecent and unnatural sexual behaviour and forcing females to engage in unconsented anal sex, dangerous and unprotected sex;

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(iii) Order Papers for the Assembly Sittings of Tuesday, 24th September, 2024 (Morning Sitting) and Wednesday, 2nd October, 2024 (Morning sitting);

(iv) Certified Hansard Reports for the Assembly Sittings of Tuesday, 24th September, 2024 (Morning Sitting) and Wednesday, 2nd October, 2024 (Morning sitting);

KCA/SP/3 Vol 1 (31) and KCA/SP/3 Vol 1 (33), respectively, inviting the Governor of Kericho to respond to the tabled impeachment Motion.

(vi) Copy of Affidavit of Service by Ms. Sharon Chepng'etich Mibey serving H.

support of the Motion for removal of the Kericho County Governor by impeachment dated 2nd October, 2024, made pursuant to Standing Order 74 (5) of the County Assembly of Kericho;

(viii) Certified copy of the Roll Call Vote on the Motion for the impeachment of His Excellency the Governor of Kericho County, held during the Assembly sitting of Wednesday, 2nd October, 2024;

(ix) An Affidavit of 16 Honourable Members who refused to attend or participate in the impeachment proceedings on 2nd October, 2024 or any other date; and,

Governor of Kericho County by impeachment.

These are:

and Tender Evaluation Report.

and Management Act, 2019.

2019.

2023.

the year ended 30th June, 2023.

vis-à-vis performance as of 30th April 2024.

Ad-hoc Committee Report on Investigations of the Londiani

Victims Fundraiser held on 4th July, 2023.

sworn by Mr. Gideon Mutai in High Court Petition No.

E014 of 2023.

Governor, Kericho County & Others.

and Speaker's response dated 3rd September, 2024.

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Board and a letter from the Governor to the Speaker of Kericho County Assembly dated 27th May, 2024.

23rd September, 2024 and the Annexures, including a bundle of photographs and judgment of the court in Kericho ELC Petition No. E001 of 2022.

September, 2024 and the Annexures thereto including an M-pesa statement.

envelope marked KCAV Exhibit 1 - Exhibit eight.

real name.

(xi) Evidence of Public Participation-

participation on the Notice of Motion for the removal of Hon. (Dr.) Erick Kipkoech Mutai, the Governor of the Kericho County, by Impeachment.

- https://kerichoassembly.go.ke/notice-proposed-motion-impeachment

removal of Hon. (Dr.) Erick Mutai as Governor of Kericho County, as well as public mobilization by the county executive.

1 (32) informing the Governor of the public participation exercise.

information relating to the Notice of Motion for impeachment of H. E. the Governor, Hon. (Dr. ) Erick Kipkoech Mutai.

accompanying flash disk.

(xiii) Statement of H. E. the Governor, Hon. (Dr.) Erick Kipkoech Mutai opposing the impeachment of the governor by his Counsel Katwa Kigen.

(xiv) Affidavit by Mr. Gideon Mutai. (xv) Affidavit by Mr. Geoffrey Kipkirui Korir. (xvi) Affidavit by Mr. John Malel. (xvii) Affidavit by Mr. George Kipngeno Kirer. (xviii) Affidavit by Ms. Jackline C. Langat. (xix) Affidavit by Ms. Gillian Soi. (xx) Affidavit by Mr. Joseph K Rotich. Hon. Senators, in terms of the way forward following the reading of the charges against the Governor, Standing Order No.80(1)(b) of the Senate, as read together with Section 33(3)(b) of the County Governments Act, gives the Senate two options on how to proceed with the matter. The Senate may-

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investigate the matter; or

appointed time during this sitting, will give a Notice of Motion and move a Motion for the establishment of a Special Committee as indicated in Order No. 9 in today’s Supplementary Order Paper.

Should this Motion be carried, the Special Committee will be required, under Section 33(4) of the County Governments Act and Standing Order No.80(2) of the Senate, to investigate the matter and report to the Senate within 10 days on whether it finds any of the particulars of the allegations against the Governor to have been substantiated.

In the event that the Motion for the establishment of a Special Committee does not pass, the Senate shall proceed to investigate and consider the matter in Plenary. In this event, I will appoint the dates on which the Senate will sit in Plenary to hear and determine the charges against the Governor.

Hon. Senators, I wish to emphasize to all hon. Senators that when we come to the debate on the Motion for the establishment of the Special Committee, debate on the Motion shall be limited to the substance of the Motion, principally, whether or not to establish the Special Committee.

It will not be a debate on the substance of the impeachment or its merits, propriety, prudence or even the constitutionality or the legality of the processes that have preceded the submission of this matter to the Senate. It is, therefore, not permissible to deviate to any issues other than the Motion before the Senate.

In the meantime, and during the pendency of the impeachment process in the Senate, I wish to caution hon. Senators to desist from publicly commenting on the merits or demerits of the impeachment Motion before the Senate. Doing so would amount to anticipation of debate, which is an infringement of Standing Order No. 99.

Therefore, it shall be out of order, within the meaning of Standing Order No.122, for any Senator to make comments, whether written or spoken, in relation to the conduct of the governor or the impeachment process, which is outside the confines of the impeachment proceedings, as such comments may prejudice the just outcome of the process.

Hon. Senators, during this 13th Parliament, the Senate has dealt with five impeachments, two of which were considered by a Special Committee, while the other three were investigated in Plenary.

Notably, this is the second governor proposed to be impeached during the current term of Parliament. It is important that we draw on the best practices from previous impeachments as we deliberate on this matter. The Senate will be sitting as a quasi- judicial body, and will conduct investigations into the alleged violations of the Constitution and the law, and thereafter make its determination on the matter.

Let me remind you that the impeachment hearing is not just a procedural formality, but a critical process that plays a crucial role in upholding the principles of

Services, Senate. democracy and good governance. This hearing is one of the Senate's most vital oversight functions and key responsibilities.

I conclude by urging all honorable Senators to exercise the highest level of responsibility on this matter.

I thank you. Next Order.

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.

Services, Senate.

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.

Services, Senate.

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---"

Services, Senate.

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.

The people of Marsabit are asking me when I changed my name to Shute. Even some friends of mine from Embu are asking me what is happening. How come that our friend and Senator is calling you Shute? If you can remember, Mr. Speaker, Sir, I told this Senate that my name is Chute, C.H.U.T.E and not “Shut”, but the Senator for Embu is calling me Shute. That is not my name.

Mr. Speaker, Sir, I would want to be given some time and I will kindly table those documents.

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”.

Services, Senate.

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.

Next Order.

Order, hon. Senators. The Senate Majority Leader. Sen. Sifuna?

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/

Services, Senate.

Standing Orders, the Senate by resolution, may appoint a Special Committee comprising 11 of its Members to investigate the matter. NOW THEREFORE, pursuant to Article 181 of the Constitution, Section 33(3)(b) of the County Governments Act, and Standing Order 80(1)(b)(i) of the Senate Standing Orders, the Senate resolves to constitute a Special Committee to investigate the proposed removal from office, by impeachment, of the Honourable (Dr). Erick Kipkoech Mutai, the Governor of Kericho County. I thank you, Mr. Speaker, Sir.

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

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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/

County Governments Act, and Standing Order 80(1)(b)(i) of the Senate Standing Orders, the Senate by resolution, may appoint a Special Committee comprising 11 of its Members to investigate the matter. NOW THEREFORE, pursuant to Article 181 of the Constitution, Section 33(3)(b) of the County Governments Act, and Standing Order 80(1)(b)(i) of the Senate Standing Orders, the Senate resolves to constitute a Special Committee to investigate the proposed removal from office, by impeachment, of the Hon. (Dr). Erick Kipkoech Mutai, the Governor of Kericho County. We have been in this particular situation multiple times as a House. The reasoning of the House's leadership in accordance with Standing Order No.80 is that the decision to go to committee or listen to the charges facing the governor in plenary is a decision of this House.

This is why, as the leadership, we will always come to the membership with that choice. That choice is made, and it is given as a direction to the leadership of the House on how Members wish to proceed with this Motion.

I can hear a lot of murmuring, but as a matter of procedure---

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?

Services, Senate.

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

Services, Senate. 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-

to investigate the matter; or

(ii) Investigate the matter in plenary. The Motion, having been deemed to be withdrawn, pursuant to Standing Order No.70(1), the proposal for a Special Committee has been defeated. The Senate will, therefore, proceed with the investigation on the proposed removal from office, by the impeachment, of Hon. (Dr.) Eric Kipkoech Mutai, the Governor of Kericho County, in plenary, pursuant to Section 33(3)(a) of the County Governments Act and Standing Order No.80(1)(b)(ii).

Hon. Senators, at a special meeting held on Thursday, 3rd October, 2024, the Senate Business Committee (SBC) considered the provisional dates for this investigation if the matter was to be investigated in plenary. In line with the schedule of activities for an impeachment hearing in plenary, I hereby give the following directions-

to issue invitations to appear to the parties by today, Tuesday, 8th

October, 2024.

Saturday, 12th October, 2024, by 5.00 p.m.

to circulate documents received from the parties, including the

Plenary Hearing Programme, to all hon. Senators by 5.00 p.m. on Sunday, 13th October,

shall then investigate the matter in plenary on Monday, 14th

October and Tuesday, 15th October, 2024.

The Senate is guided accordingly. (The Clerk-at-the-Table consulted with the Speaker)

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

Services, Senate. 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.

Services, Senate.

Call Order No.10.

Services, Senate.

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) -

Services, Senate. Clause 123

The Temporary Chairperson (Sen. Veronica Maina): This is to be moved by the Chairperson of the Standing Committee on Labour and Social Welfare.

Sen. Murgor, this is your Clause. You can approach the desk. Proceed.

Services, Senate. Clause 123The Temporary Chairperson (

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.

I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 63-

Betting tax. 63A. (1) There shall be a tax to be known as betting tax chargeable at the rate of fifteen per

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.

I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 63-

Betting tax. 63A. (1) There shall be a tax to be known as betting tax chargeable at the rate of fifteen per

Services, Senate.

cent of the gaming revenue.

Collector by the licensed bookmaker on the 20th day of the month following the month of collection.

racing

I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 66-

Gaming tax. 66A. (1) There shall be a tax to be known as gaming tax chargeable at the rate of fifteen per cent of the gaming revenue.

Services, Senate.(Question, that New Clause 66A be part of the Bill, proposed) The 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.

Proceed, Sen. Alan Chesang.

I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 82-

Prize competition tax. 82A. (1) There shall be a tax to be known as prize competition tax chargeable on the cost of entry to a competition which is premium rated at the rate of fifteen per cent of the total gross turnover.

Madam Temporary Chairperson, you are supposed to allow the Mover of the amendment to explain the import of the amendments. The amendments that have been proposed are proposing taxation.

Services, Senate.

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

Thank you, Sen. Osotsi. I believe that is important, and so, Sen. Allan Chesang’, can you take the Floor and explain the import of the amendments that you have introduced?What is the problem, Sen. Onyonka?

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 (

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

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 (

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 –

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b) forty per centum shall be remitted directly to the Tea Research Foundation for execution of the functions of the Foundation.

(Question of the amendment proposed) The Temporary Chairperson (Sen. Veronica Maina): Division at the end. Clause 14

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 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”. (Question of the amendment proposed) The Temporary Chairperson (

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

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

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

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

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

THAT clause 5 of the Bill be amended—

Madam Temporary Chairperson, I beg to move- THAT clause 11 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”.

The Temporary Chairperson

: Sen. (Dr.) Khalwale, you have a further amendment under Clause 6. Clause 6

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

THAT Clause 6 of the Bill be amended in subclause (1) by deleting the words “planning services” appearing after the word “family” in paragraph (a) and substituting therefor the words “health education”.

Madam Temporary Chairperson, the intention of this amendment is that we are speaking to family planning services. The intention of changing to family health education is so that we do not limit this civic education to only the number of children

Division at the end. Clause 12The Temporary Chairperson (

Services, Senate. 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?

The Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries, Sen. (Dr.) Murango, are you there, or Sen. Wafula is representing the Committee?

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 –

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.

The Temporary Chairperson

: 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—

Division at the end. Clause 14

Services, Senate.

standards of health services that are responsive to the needs of children with special needs.

disability, a child with mental illness and a child in a marginalized area.

(Question of the further amendment proposed) Clause 8

The Temporary Chairperson (Sen. Veronica Maina): I also invite Sen. Okiya Omtatah.

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—

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)

Services, Senate.The Temporary Chairperson (

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

THAT, Clause 9 of the Bill be amended by inserting the following new subclause immediately after subclause (2) —

(2A) The Cabinet Secretary shall put in place mechanisms to ensure that adolescents undergoing postpartum care receive counselling services to encourage them to maintain and care for their children.

Madam Temporary Chairperson, this amendment is critical. In my long journey in practice, we have young mothers who the moment the child pops out, they say, “Sitaki mtoto”. However, if they had been counselled, they would accept to go home with the child.

I thank you.

The Temporary Chairperson

: Division will be at the end. Notably, the two amendments can coexist because they are amending different subclauses of Clause 9. Clause 10

The Temporary Chairperson

: Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT section 23 of the principal of the Act be amended – a) by inserting the following new subsection immediately after subsection (1) — (1A) A large scale tea grower shall notify the Board of any intended sale or transfer of ownership of its holding six months before the transaction is affected. b) in subsection (2) by inserting the words “procedure for transfer of large- scale tea holdings” immediately after the words “providing for the”. (Question, that New Clause 5A be now read the First Time proposed) (New Clause 5A read the First Time) Question, that New Clause 5A be read a Second Time proposed) (Question, that New Clause 5A be part of the Bill, proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT, Clause 11 of the Bill be amended in the introductory clause by inserting the words “physical and mental” immediately after the words “maternal, neonatal and”.

The Temporary Chairperson

: There is a further amendment by Sen. (Dr.) Khalwale. You can proceed with that proposal.

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

Services, Senate.The Temporary Chairperson (

Services, Senate.

The Temporary Chairperson (Sen. Veronica Maina): There is a further amendment to this Clause by Sen. Okiya Omtatah.

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

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

Services, Senate.

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.

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 14 of the Bill be amended by—

Services, Senate.

(ib) put in place measure to facilitate the provision of mental healthcare to maternal women in county health facilities;

services” immediately after the words “in the county” appearing in paragraph (m);

The Temporary Chairperson (Sen. Veronica Maina): There is a further amendment to Clause 14 by Sen. (Dr.) Khalwale.

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.

I now call upon the Chairperson, Standing Committee on Health represented by Sen. Mariam Omar. Proceed, Sen. Mariam Omar. Clause 6

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 (

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

THAT Clause 14 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 words “planning services” appearing after the word “family” in paragraph (a) and substituting therefor the words “health education”.

Madam Temporary Chairperson, the intention of this amendment is that we are speaking to family planning services. The intention of changing to family health education is so that we do not limit this civic education to only the number of children

Yes, Madam Temporary Chairperson. In fact, when Sen. Omtatah was making this amendment after mine and I became his consultant. Therefore, I agree.

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”.

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, 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 (

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 (

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.

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

THAT Clause 17 of the Bill be amended in subclause

(3)

(d)

by deleting the words “translated to the local language and disseminated” appearing immediately after the words “where necessary” and substituting therefor the words “be translated to the respective local languages and disseminated to media outlets and.”

The Temporary Chairperson

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

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 (

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

THAT Clause 19 of the Bill be amended—

Services, Senate. 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.

The Temporary Chairperson

: Division will be at the end.

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

Services, Senate. Clause 25

Services, Senate.standards of health services that are responsive to the needs of children with special needs.disability, a child with mental illness and a child in a marginalized area.(Question of the further amendment proposed) Clause 8The Temporary Chairperson (

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.

Madam Temporary Chairperson, I confirm that I am representing

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.

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

Services, Senate.The Temporary Chairperson (

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—

Services, Senate.

(ba) poor women caring for their children.

Services, Senate.

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

Division will be at the end.

Services, Senate. Clause 11

Madam Temporary Chairperson, I beg to move- THAT, Clause 11 of the Bill be amended in the introductory clause by inserting the words “physical and mental” immediately after the words “maternal, neonatal and”. (Question of the amendment proposed) The Temporary Chairperson (

Services, Senate. County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and Sen. Wambua, Kitui County.

There is a further amendment by Sen. (Dr.) Khalwale. You can proceed with that proposal.

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 (

Services, Senate. 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.

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.

Services, Senate.

(Question, that, New Clauses 57A, 63A, 66A, 82A and 117A be now read a Second Time, put and the Senate proceeded to vote by County Delegations) AYES:Sen. Abass, Wajir County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia 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. 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.

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

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

There is a further amendment to this Clause by Sen. Okiya Omtatah.

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 (

Services, Senate. 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;

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.

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. (Question of the amendment proposed) 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.

Services, Senate.

Sen. Chesang’, your county produces tea. Proceed and vote for the Bill. (Voting in progress) The Temporary Chairperson (Sen. Veronica Maina): Sen. Mundigi and Sen. Kavindu Muthama? Sen. Wakoli, please, come and vote. Sen. Madzayo, you have not voted. Come for assistance. Sen. Enock Wambua, come for support to vote manually.

Hon. Senators, we are proceeding to the final division on The Tea (Amendment) Bill (Senate Bills No.1 of 2023) on all Clauses.

I now put the Question, that Clause 3 (as amended), Clause 4, 5, 6 (as amended), Clause 7 (as amended), Clause 8, 9, Clause 10 (as amended), Clause 11 (as amended), Clause 12 (as amended), Clause 13 (as amended), Clause 14, Clause 15 (as amended), New Clause 2A, New Clause 5A, Clause 2A (as amended), the Title and Clause 1 be part of the Bill.

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 (

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

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. (Question of further amendment to Clause 13 proposed) Division at the end. Clause 14

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—

Services, Senate.(ib) put in place measure to facilitate the provision of mental healthcare to maternal women in county health facilities;services” immediately after the words “in the county” appearing in paragraph (m);The Temporary Chairperson (

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

There is a further amendment to Clause 14 by Sen. (Dr.) Khalwale.

Services, Senate. 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.

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

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.

Madam Temporary Chairperson, I ceded my ground because she had already begun and did not want to interfere with the tempo. The Temporary Chairperson (

Services, Senate.

Okay, Sen. Beatrice.

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.

Services, Senate.

Sen. (Dr. ) Khalwale is requested to consider dropping his amendment in favour of the amendment by Sen. Omtatah.

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 (

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. 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) —

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.

Services, Senate.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 (

Mr. Temporary Speaker, Sir, I second.

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.

Thank you, Madam Temporary Chairperson. On the instructions given by Sen. Okiya Omtatah. I beg to move- THAT Clause 17 of the Bill be amended in subclause (3) (d) by deleting the words “translated to the local language and disseminated” appearing immediately after the words “where necessary” and substituting therefor the words “be translated to the respective local languages and disseminated to media outlets and.” (Question of further amendment to Clause 17 proposed) 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.

Services, Senate. Clause 18

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

THAT Clause 19 of the Bill be amended—

Services, Senate. 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 (

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

Services, Senate. 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.

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. 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) .

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.

Services, Senate.The Temporary Chairperson (

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.

Hon. Senators, the results are as follows: -

Services, Senate.

Services, Senate.

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.

Services, Senate.

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

Services, Senate. (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.

Services, Senate. County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and Sen. Wambua, Kitui County.

Services, Senate. 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.

Services, Senate.

(Question, that, New Clauses 57A, 63A, 66A, 82A and 117A be now read a Second Time, put and the Senate proceeded to vote by County Delegations) AYES:Sen. Abass, Wajir County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia 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. 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.

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

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

Services, Senate. 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:

Services, Senate. 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-

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

Sen. Mundigi and Sen. Kavindu Muthama? Sen. Wakoli, please, come and vote. Sen. Madzayo, you have not voted. Come for assistance. Sen. Enock Wambua, come for support to vote manually.Hon. Senators, we are proceeding to the final division on The Tea (Amendment) Bill (Senate Bills No.1 of 2023) on all Clauses.I now put the Question, that Clause 3 (as amended), Clause 4, 5, 6 (as amended), Clause 7 (as amended), Clause 8, 9, Clause 10 (as amended), Clause 11 (as amended), Clause 12 (as amended), Clause 13 (as amended), Clause 14, Clause 15 (as amended), New Clause 2A, New Clause 5A, Clause 2A (as amended), the Title and Clause 1 be part of the Bill.

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

Services, Senate.

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

Services, Senate. 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.

Services, Senate.

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.

Services, Senate.

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

Services, Senate. 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) .

Services, Senate. (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: -

Services, Senate. 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: -

Services, Senate.

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.

Services, Senate.

We will now call out Order No.19.

Services, Senate.

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.

Services, Senate.

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.

Services, Senate.

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.