Wednesday, 13th February, 2019

On a point of order, Mr. Speaker, Sir. During the last Session the Chair ruled that the report of the Petition on Isiolo County should be given today. I would like to know what the status is from the Committee.

The Chairperson of the Committee on Health is not here. We will give you a communication once he is in the House.

What is your point of order, Sen. (Eng.) Maina?

On a point of order, Mr. Speaker, Sir. I wish to add to the point raised by Sen. Dullo. We know the situation we are in as a country with regard to the nurses’ strike. Sen. Dullo’s Petition touched on some of the issues that are happening. I, therefore, request that in your ruling, please, consider this matter with the seriousness that it is due.

The Vice Chairperson of the Committee on Health is here. He can tell us the status.

Mr. Speaker, Sir, the issue has not been finalized because the Cabinet Secretary was made aware of the issue and a letter was written to the Senator here. As a Committee we decided to wait for some time and consult both sides before we give a response on the Petition. There are issues that the governor was told to respond to. We, therefore, have to see the Cabinet Secretary in charge of the National Treasury and know what we can do about it.

When can you give us the response? What is it, Sen. Dullo?

On a point of order, Mr. Speaker, Sir. I think that this Committee is playing around. During the last Session this matter was repeated severally and they were

given the last chance. The matter at hand is very serious. I do not see why they are waiting for the National Treasury to give their position, yet these are two different arms of the Government. The position of the Cabinet Secretary, National Treasury is very clear and I had posted it on the Senators’ WhatsApp group. Two weeks is too long. Let the Committee on Health give us the report by next week on Tuesday.

Mr. Speaker, Sir, I also rise on a point of order alongside what Sen. Dullo has just asked. By the time we went on recess in December, the Chair ruled that a petition that I had brought on behalf of the business people from Kitui County was supposed to be handled and a report brought today. I would like to know the status of that Petition.

Hon. Senators, I ask all the Chairpersons to expedite the responses to the petitions, so that we can make progress. However, let us get a report on the Petition from the Committee on Health by Tuesday.

Next Order.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, 13th February, 2019.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2008.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2009.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2010.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2011.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2012.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2013.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2014.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2015.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2016.

Report of the Auditor-General on the Financial Statements of the Nairobi Health Management Board for the Year ended 30 June, 2017.

Mr. Speaker, Sir, thank you very much for that opportunity. I beg to give notice of the following Motion:-

THAT, pursuant to Standing Orders No. 189 (1) and 219, the Senate approves the following Senators, nominated to serve in Sessional Committees of the Senate as follows-

The next Order.

Sen. George Khaniri.

Thank you, Mr. Speaker, Sir, for this opportunity. Pursuant to Standing Order No. 47 (1) . I rise to make a Statement on a matter of national concern, which is the recent terrorist attack at the 14 Riverside Dusit Complex building on Tuesday, 15th January, 2019.

Before I make my Statement, I would want to seek your indulgence and to ask you kindly to lead the House in observing a one-minute silence in honour of those who lost their lives in this particular attack.

Senators, may you rise and observe one minute of silence in honour of those who lost their lives.

Thank you for that, Mr. Speaker, Sir.

First, I wish to register my condolences to the families and friends of those who lost their loved ones in this heinous act. I also register my sympathy to those who were injured during this attack. I believe terrorism has no place in the world of today and as such, this only makes us stronger. This is not the first attack; from the Westgate Mall to Mpeketoni, to Garissa University, to El Ade, even with all these attacks, we remain unbowed.

I commend the security forces for their quick response that enabled quick evacuation and saving of so many lives. There were also several civilian licensed gun- holders who promptly responded to the call of duty without fear and placed their lives in harm’s way to save lives. The police leadership and command deserve a pat on the back because throughout the more than 12 hours of the attack, the rescue mission was well coordinated and consistently gave clear and uniform communication. This does not only give hope to all the affected but also calmed the country and exhibited their prowess and organization.

The estimates that over 700 people were safely evacuated from the building are a statement of the lessons learnt by our security forces from previous attacks. We have so many heroes and heroines from this attack that should be recognized by the state.

As is always the case, the Kenya Red Cross Society of responded to the attack and organized not only first-aid and hospital transfer, but also counseling desks for both victims and their families. Other ambulance services also responded and it is important we recognize them. The injured were taken to various hospitals where they were attended to, and in turn, this reduced the number of would-be fatalities.

Images of long queues of people waiting to donate blood at various blood donation centres, people serving meals to the security forces and affected families free of charge during the police operation and thousands of goodwill messages and prayers from Kenyans from all walks of life regardless of religion, race, tribe or even political affiliation, were truly refreshing and a source of pride and comfort to the entire nation.

The leaders of this country also portrayed true patriotism as they held press conferences just to condole the affected and their families and also reminded Kenyans that in this war on terror, we must be united in order to win. The local media performed exceptionally well in the dissemination of information. Such courage is usually a very tough balancing act because of the dangers involved. The media should not give out information that can be used by terrorists and at the same time provide real time, true and concise information to the public, which is important as it enables them decipher the situation and reduce the extent of propaganda that the terrorist groups might propagate to instill fear.

The current debate on the issue of providing firearms to security guards needs to be thought through carefully. We might end up creating an even bigger problem. While allowing security guards to have firearms has worked in some jurisdictions, it may not be applicable for us and it might be exploited and cause chaos. Most of the security guards are poorly paid and work in extremely stressful situations. Imagine a poor hungry and angry armed security guard, this can be very dangerous.

Mr. Speaker, Sir, I believe as a country that it is time, we recognized terrorism as a major and ever-present threat to our nation. We have several things that we need to correct as a country, which include:-

Sen. Sakaja Arthur.

Thank you very much, Mr. Speaker, Sir. First, I want to thank Sen. Khaniri for making this Statement on the 14 Riverside Drive, Dusit2 Complex attack. I would like to join him as well as other colleagues in reiterating our message of condolences to the families of those who lost loved ones in this attack. It was a very difficult moment for all of us as a country and we tell them pole once again. The funerals were very emotional. We lost very many young people who were working in IT companies and restaurants and all those establishments at 14 Riverside Dusit D2 Complex.

On top of that, I would like to really congratulate and give gratitude to our security forces for the speedy response and coordination. For the first time, we saw a well-coordinated response in a matter of minutes and various different agencies were on sight together with civilian licensed firearm owners, a group of people who are rarely appreciated over time. They saved many people, more than 700 of families there. I am the former patron of that group called National Gun Owners Association (NGAO-K) and there are so many brave Kenyans who are always fast when such incidences occur. I am glad that we have been able to mainstream them in the regulatory framework that has been developed by the Government in working with the security forces.

This attack affected everybody; people of different religions, tribes and colors. As Sen. Khaniri has said, it flies in the face of those who have been trying to bring sectarian divisions in this country saying that terrorism is about this religion against this other religion or these kind of people against these other kinds of people. Everybody was affected by this specific case and, it has shown the resilience of the Kenyan people in the face of terror, which is a cowardly act.

Kenyans came out in their numbers to donate blood, to give messages of good will and we remain unbowed as a country. The only blot in all of this, in as much as the Kenyan media covered it well, was that some of the international media completely misbehaved when this incident happed. The New York Times went ahead to publish

photos of victims affected at the site yet in their own editorial policy, if this happened in America, you would never see the body of any dead or injured American. I am very happy that Kenyans on Twitter and online did not spare them for a single minute and demanded an apology; that they cannot treat Kenyans as second-class citizens or members of the family of nations. We deserve our respect as a country and we still want them to give an unconditional apology to the people of Kenya.

Mr. Speaker, Sir, some of the things that can actually assist in dealing with such incidents, when and if they occur, is the implementation of the Bill that we brought into this House together with Sen. Mutula Kilonzo Jnr. on National Disaster Risk Management, which is still lying at the National Assembly. We were asking our colleagues at the National Assembly to fast track the implementation of that Bill, because it brings a method and a framework to coordinate disaster management between the national Government and county governments.

Finally, Mr. Speaker, Sir, the day before yesterday, I had a chance to visit one of the survivors of this attack; a young man called Mr. Emmanuel Omala. He was shot seven times but no single bullet touched any vital organ in his body. He is a 21 year old delivery boy who got caught up when he had gone to deliver goods at 14 Riverside Drive. Unfortunately – and I am glad that I can ---

Mr. Speaker, Sir, before I come to the Statement itself, I commend Kenya and even the leadership in Kenya because one of the objectives of the merchants of terror is to change the way we live. They want us to live a life whereby we cannot operate as a free nation. Despite these major incidents since 1980, I think Kenyans have strived to live their lives the way they must. This speaks to those who want us to change our way of lives so that we probably become a police State, where every time you are in a public transport or moving from one area to another, you will meet road blocks and all manner of security operations that will make us change our way of life. Despite these heinous acts, the leadership in Kenya generally, even from 1980 to now, have strived to make sure that we live our lives in accordance with the spirit of our law, and in the spirit of what Kenya desires this nation to be.

Mr. Speaker, Sir, my county was hit very badly because five people died as a result of this major incident. In fact, four of them were buried on the same day; and I managed to go to three of the funerals. Some of them were very young people. There was a lady who was working at the Dusit D2 Hotel; and a very popular young man known as Mr. Radido Cobra, who the people in my county saw as the true spirit of the Kenyan people. This is because at his funeral, nearly everybody from this Republic was in attendance. That community in Ugenya was able to show the love and solidarity of the Kenyan people when we are hit by this type of incident. I, therefore, commend the entire nation, because we came together, grieved together and fought together at this hour of need.

The police and the security forces this time demonstrated exemplary leadership. All we can say is that if there can be improvement in the way they operate, it will be so much the better. However, on the basis of what happened on that particular day, even other nations commended our security forces and Kenyans as a whole.

Mr. Speaker, Sir, we should be alive to the need to plan our cities and the need to have wide avenues and broad streets. This is so that when there is an incident like this, those who want to come to help have room for maneuver. You could see that the firefighting equipment, police and security vehicles and populations of people who wanted to help and who needed to be there, it was very difficult for them to maneuver so that help would be given to those who were injured and those who needed help.

I hope that as we deal with the planning of our cities and towns, we should be conscious that, in the future, when there is need to get into areas to provide help or evacuate people, there will be sufficient space to do so. If you go to most areas in Nairobi and in Eastlands, and so on; an operation like the one which took place at No. 14 Riverside Drive would be very difficult to carry out because you will not be able to take help to those areas. Therefore, the city planners should keep this in mind so that when we are hit, people can get the help they need. This is a very important thing for us to do as quickly as possible.

Mr. Speaker, Sir, terrorism should not make us profile ourselves. All Kenyans were hit in one way or the other. The exemplification of this was that even our brothers of the Islamic faith were also badly hit on that particular day. Terrorism is terrorism and terrorists are criminals who should be dealt with as such. Therefore, I commend Sen. Khaniri for bringing this matter to the House.

Thank you, Mr. Speaker, Sir. I also wish to join my colleagues in thanking Sen. Khaniri for bringing this Statement. I also wish to follow suit in condemning the terror attack and send my condolences to all the bereaved families.

As the Senator from Wajir County, we were affected because two gentlemen who were upcoming young professionals and had families who depended on them lost their lives. Therefore, we need to fight terror which is a global phenomenon and not unique to Kenya. There is need for the whole world to come together to ensure that this global menace is dealt with at its source through concerted efforts so that we eradicate it for good.

Due to the same terror, I bring the attention of the House to the fact that three counties of Northern Kenya still lack teachers in their classrooms. This is because teachers were evacuated due to the terror attack that occurred in Wajir County. Teachers were also evacuated from counties that were not affected by terror.

Mr. Speaker, Sir, I also wish to commend Sen. Khaniri for bringing to fore the fact that there is nothing Islamic about terror.

Members, let us consult in low tones. Sen. Farhiya, keep it short.

Mr. Speaker, Sir, as I was saying, I also wish to join my colleagues in appreciating our forces for responding quickly. I ask our security forces at the borders where arms of terror pass through to be more vigilant so that no more Kenyans will lose their lives.

Finally, I also wish to send my condolences to all the bereaved families.

Hon. Senators, let us consult in low tones. Proceed, Sen. Wetangula.

Thank you, Mr. Speaker, Sir. I congratulate Sen. Khaniri for bringing this Statement. Probably, this should have been our first business yesterday. Terrorism in all its forms and manifestations must be condemned in the strongest terms possible.

I laud the security agencies particularly the General Service Unit (GSU) arm of the police and the Recce Company for the exemplary job that they did in neutralising the terrorist, eliminating them completely and saving Kenyans in their hundreds.

I send my condolences to the families and friends of those who lost their lives. In particular, I know one of my nominated Members of Parliament (MP) who lost two nephews who were young upcoming professionals and all the other Kenyans who were killed by these senseless murderers.

Mr. Speaker, Sir, the philosophy of terrorism is founded on cowardice, hatred and it is calculated to instill fear. That is why they hit soft targets. You will hardly find

terrorists confronting a military barrack or a heavily guarded police station. They will always look for soft targets like they did in 14 Riverside Drive. However, more importantly, as Kenyans, we can now see that the terror attacks in this country are changing by the day.

If you look back, there was a terror attack during the World Cup in Kampala by Kenyan youth. Previously, any time there was a terror attack, everybody thought it was somebody of Somali origin. However, in the Kampala attack, it turned out that they were recently converted youth from the Luo, Kikuyu and, above all, Somali communities. It is now an integrated conspiracy of evil doers that are busy attacking and causing mayhem to Kenyans.

Mr. Speaker, Sir, in the recent past, and truth be told, the pretext for this continuing attacks, whether it is Westgate, Garissa, Mpeketoni or 14 Riverside Drive, it is all predicated on the continuing presence of our military in Somalia. I expected and hoped that Sen. Khaniri would touch on this.

Mr. Speaker, Sir, I have continually called for Kenya to reconsider its presence in Somalia and bring back our boys and girls in uniform to protect our border from within our borders so that these terrorists do not have any excuse whatsoever, to continue causing mayhem.

Mr. Speaker, Sir, this is not something that should end up on the Floor. The Committee on National Security, Defence and Foreign Relations vice chaired by Sen. Sakaja of Nairobi County should look at it and catalogue the previous attacks, loss of lives, injured persons and loss of property and tell this House whether any compensation of any nature has been made to victims or not. This is because unlike other forms of injuries that people suffer, terror attacks are directly a responsibility of the Government because it is in charge of security. Therefore, we want to see those who have lost their lives, property or have been maimed, compensated so that they can lead decent lives for the reminder of their lives.

Mr. Speaker, Sir, lastly, we saw from 14 Riverside Drive that when there is a coordinated approach, the security forces will do a good job as compared to the Westgate Mall attack where there was unhealthful competition between the military and the police and they ended up in a very disastrous manner.

Mr. Speaker, Sir, we hope that 14 Riverside Drive is the very last terror attack on our soil and Kenyans will forever be vigilant and protect themselves against such attacks by giving information and the police and security agencies will do their job to protect our motherland.

I send my condolences to my friend the owner of 14 Riverside Drive Complex, Mr. Chirac, whom I saw on the television actively involved in evacuations. There is also a Kenyan private firearm owner of Asian origin who was very active at Westgate Mall and whom we saw at 14 Riverside Drive doing a very good job.

Thank you, Mr. Speaker, Sir. I join my colleagues in congratulating Sen. Khaniri and secondly, pass a message of condolence to the families who lost their dear ones.

Mr. Speaker, Sir, I will be very fast because of the time. I really wanted to talk about the way the issue of radicalisation and terrorism is carried out in this country. I

know the Government is doing something about it. However, the concern I wanted to raise is a certain media house that went to Isiolo recently; where they said that Isiolo is the hub for radicalisation in this country. That is wrong because I do not know where they got that particular notion. They must have done proper research.

We must have a way of knowing what areas are affected by radicalisation. Clearly in that news item, they were saying that five mosques were being used for training and recruitment of young boys.

Mr. Speaker, Sir, I condemn the media house that came out with the story because there is nothing like that happening. They should have done proper research in terms of the facts that they have with them.

Secondly, as a country, we need to know what to do with the returnees because most of our boys have come back and they have not been assisted at all in reintegrating into the society. I think we need to do something because when these boys come back, they have a lot of information that is useful to the country in terms of how we should handle issues of radicalisation.

Finally, we need to have a rehabilitation centre, especially for those who have come back, because you will find most of them idle at home. They are so withdrawn and even fear for their lives. It is important for us to have rehabilitation centres so that we can assist those boys re-join and pick up their lives from wherever they had been having a problem.

I thank you.

Thank you, Mr. Speaker, Sir. Before I contribute to this Statement, I wish to acknowledge the presence of the Kakamega County Assembly HANSARD officers led by Ms. Phyllis Ong‘ale who have come to benchmark with us here. Unfortunately, they are coming on a day when our equipment is misbehaving. However, I encourage them to benchmark on the positives and ignore the negatives.

Secondly, as I contribute to this Statement by my good Senator, Sen. Khaniri, I first express my heartfelt condolences to the families of the departed souls. I know this is a difficult time for them and pray that God provides shelter for them in this stormy time.

Mr. Speaker, Sir, as we talk about terrorism, we need to look and drill deep to its causes. Most of our young men are being radicalised and we need to evaluate and see what the causes are. I think most of our young people get discouraged and lose hope in life because we have a very stringent system of education. Most of them work hard in school but eventually they do not achieve their aspirations to get to university.

A case in point is where Kakamega, a whole county of 2 million people and almost 200, 000 candidates, had only one A grade. It means that in the year 2018, the county is going to produce only one doctor. Therefore, we need to relook at the system that we use to evaluate success in the education sector. We also have loose transition between high school and university. That is where people take advantage of these young souls and intoxicate them with the spirit of radicalisation.

I would like us to envisage a situation where we have a terrorist attack in Kakamega, Kisii or Bungoma counties. Will we have a rapid response the way we had in 14 Riverside Drive? We need to start building capacity not only in the police force but

also in the private security firms so that just in case we have a terrorist attack in Nambacha Market in Navakholo Constituency, we should not wait for 24 hours before the Recce Squad comes. We need to look into these issues so that we build capacity in the private security sector. I believe we are going to curb this menace called terrorism.

Lastly, I celebrate all Kenyans who stood by the families and came hand in hand to help those people who were trapped in that scene. I condemn those leaders who were seen at the scene ‘slaying’ – wanting to pose as if they were helping the people who were locked up in that hotel. We saw leaders walking with guns. Their main aim was to take photographs so that they count and post on their Instagram and WhatsApp pages---.

Order Members. Let us consult quietly.

Mr. Speaker, Sir, in future, we should handle serious matters in a serious way. Thais matter of leaders in this country wanting to take advantage of a sorry state like that to pose as if they were helping and yet they were there cosmetically should be condemned in the highest terms possible.

Otherwise, I stand with the families and say sorry to those who lost their beloved ones. It is only God who can comfort them in these hard times.

May God bless them. The Senate Majority leader (Sen. Murkomen) : On a point of order Mr. Speaker, Sir.

What is your point of order? The Senate Majority leader (Sen. Murkomen) : Mr. Speaker, Sir, now that the Deputy Minority Leader has sat down, the Dusit issue was a very serious one for every leader who was courageous enough to appear at 14 Riverside Drive. This is not the place for us to score political gains. There were leaders who were there because their children were trapped inside. Others such as the Governor for Nairobi City County were there because they govern this City. Others were just there because apart from being leaders, they are owners of private firearms.

On a point of order Mr. Speaker, Sir.

What is your point of order? The Senate Majority leader (

I know that most of the leaders who were there were there for whatever reasons, including the anxiety of having their loved ones or thinking that their loved ones might have been trapped there.

Mr. Speaker, Sir, now that the Deputy Minority Leader has sat down, the Dusit issue was a very serious one for every leader who was courageous enough to appear at 14 Riverside Drive. This is not the place for us to score political gains. There were leaders who were there because their children were trapped inside. Others such as the Governor for Nairobi City County were there because they govern this City. Others were just there because apart from being leaders, they are owners of private firearms.

And also out of compassion. The Senate Majority leader (

Senators, we have run out of time but there was a special request from the Senator of Wajir County, who lost two professionals. I give him three minutes, then we will move to the next Order.

I know that most of the leaders who were there were there for whatever reasons, including the anxiety of having their loved ones or thinking that their loved ones might have been trapped there.

Sen. Malalah I thought it was very clear---.

Thank you, Mr. Speaker, Sir. I think I want, first of all, to appreciate the Senate Leader of Majority for giving me that direction. However, when a Member contributes on this Floor, that is not the position of the Senate. It is my personal view and I stick to it. It should not be taken as a resolution of the Senate.

I meant that we saw leaders going to parade themselves with ammunition at the scene of crime. Next time we have such an incident, we may have 87 Members of County Assembly (MCAs) with guns outside that scene. We shall not be sorting out the problem at that point.

Mr. Speaker, Sir, it is my wish that we leave such operations to the security forces to handle, so that leaders can come in at the appropriate time.

I thank you.

Senators, we have run out of time but there was a special request from the Senator of Wajir County, who lost two professionals. I give him three minutes, then we will move to the next Order.

Thank you, Sen. Khaniri, for bringing this important Statement. I send my condolences to the families and the people who lost their friends in that attack. As Wajir County, we lost two young upcoming professionals who were at the entry of the hotel. They were at the restaurant and the guy who blew himself killed them.

Terrorism has no colour or religion and it is all over the world. People are hurting especially those from North Eastern Kenya. The number of people who die there do not get to this level; but one, two, three or even five people who die every day is too much and people have suffered. I want to support the sentiments of Sen. Khaniri that people should not be profiled. The Somali community has suffered as a result of terrorism and we are ready and prepared to support other Kenyans and the Government in whatever endeavours.

Out of the 21 schools that got grade Y in the Kenya Certificate of Secondary Education, 18 of them come from North Eastern. That means that over 2,000 students got grade Y and they do not know where they are going. We also took 3,000 students to colleges but we are now told that they cannot continue. That means that 5,000 young men and women do not know where they are going. The Ministry of Education, the President and the Teachers Service Commission should look into these issues for such people not to join Al-Shabaab and the like for they have nothing at all.

Thank you, Mr. Speaker, Sir.

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

THAT, notwithstanding the provisions of Standing Order 106 (4) , the debate on any Motion for the adjournment of the Senate to a day other than the next normal sitting day in accordance with the calendar of the Senate shall be limited to a maximum of two hours with not more than fifteen minutes for each Senator speaking after which the Senate shall adjourn without question put;

Mr. Speaker, Sir, I beg to second.

This is a Procedural Motion, so I will put the question.

Mr. Speaker, Sir, I beg to second. As the Senate Majority Leader has said, this is a Procedural Motion, so not much can be said considering the Business that we have. However, I would want to add that Committee Chairpersons may have a special interest in certain Motions. Therefore, when looking at the Standing Order in future, we may probably give more time to the Chairpersons of Committees or leadership in ad hoc Committees when there is a Motion that relates to that particular Committee so that time is not just given to the Movers, the Senate Majority Leader and the Senate Minority Leader when discussing Motions. Otherwise, I beg to second. (Question proposed)

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

THAT, pursuant to Standing Order 106 (1) , the Senate resolves that the debate on the Motion on the Presidential Address shall be limited to a maximum of three sitting days with not more than fifteen minutes for each Senator speaking, excluding the Mover in moving and replying who shall be limited to thirty minutes in either case and that the Senate Majority Leader and the Senate Minority Leader shall be limited to thirty minutes each. I beg to move and I ask the Senate Minority Leader to second. The Senate Minority Leader (Sen. Orengo) : Mr. Speaker, Sir, I beg to second.

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

THAT, notwithstanding the provisions of Standing Order 106 (4) , the debate on any Motion for the adjournment of the Senate to a day other than the next normal sitting day in accordance with the calendar of the Senate shall be limited to a maximum of two hours with not more than fifteen minutes for each Senator speaking after which the Senate shall adjourn without question put;

Provided that when the period of recess proposed by any such Motion does not exceed nine calendar days, the debate shall be limited to a maximum of thirty (30) minutes, and shall be confined to the question of adjournment. I beg to move and I ask the Senate Minority Leader to second.

Mr. Speaker, Sir, I beg to second.

Hon. Senators, pursuant to Standing Order No.140 (1) , the Bill stands committed to the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration.

Let us go to the next Order. First Reading

Hon. Senators, pursuant to Standing Order No.140 (1) , the Bill stands committed to the Standing Committee on Justice, Legal Affairs and Human Rights.

Let us go to the next Order. First Reading

Hon. Senators, pursuant to Standing Order No.140 (1) , the Bill stands committed to the Standing Committee on Justice, Legal Affairs and Human Rights.

Let us move to the next Order. First Reading

This is a Procedural Motion, so I will put the question.

Hon. Senators, pursuant to Standing Order No.140 (1) , the Bill stands committed to the Standing Committee on Justice, Legal Affairs and Human Rights.

Hon. Senators, since we are going to the Committee of the Whole, I direct the Clerk-at-the-Table to read out Order Nos. 15 to 19.

Hon. Senators, pursuant to Standing Order No.140 (1) , the Bill stands committed to the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration.

Let us go to the next Order. First Reading

Hon. Senators, pursuant to Standing Order No.140 (1) , the Bill stands committed to the Standing Committee on Justice, Legal Affairs and Human Rights.

Let us go to the next Order. First Reading

Hon. Senators, pursuant to Standing Order No.140 (1) , the Bill stands committed to the Standing Committee on Justice, Legal Affairs and Human Rights.

Let us move to the next Order. First Reading

Hon. Senators, pursuant to Standing Order No.140 (1) , the Bill stands committed to the Standing Committee on Justice, Legal Affairs and Human Rights.

Hon. Senators, since we are going to the Committee of the Whole, I direct the Clerk-at-the-Table to read out Order Nos. 15 to 19.

Madam Temporary Chairperson, I beg to move: THAT, Clause 5 of the Bill be amended —

Madam Temporary Chairperson, are these amendments clerical errors or maybe choice of words? What are they? The ones that you are reading right now seem to be choice of words and clerical or grammatical errors.

Okay. The Temporary Chairperson (

Madam Temporary Chairperson, if you prefer that I go the way I was going, I will just continue but it will take time.

The Temporary Chairpersons (Sen. Nyamunga): A general summary can just help. Where there are queries, they will be raised and then maybe you will expound on them.

Senator, you can just give briefs, but as quickly as possible.

Madam Temporary Chairperson, for Clause 3, it is intended to restrict--- The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move:- THAT Clause 7 of the Bill be amended—

Madam Temporary Chairperson, I beg to move: THAT Clause 8 of the Bill be amended in paragraph

(c)

by deleting the word “physical” appearing immediately after the words “parameters relating to” and substituting therefor the words “land use”.

The Temporary Chairperson

(Sen. Nyamunga)

: Division will be at the end. Clause 9

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—

The Division will be at the end. Clause 5

Madam Temporary Chairperson, I beg to move: THAT, Clause 5 of the Bill be amended —

Madam Temporary Chairperson, are these amendments clerical errors or maybe choice of words? What are they? The ones that you are reading right now seem to be choice of words and clerical or grammatical errors.

Madam Temporary Chairperson, each amendment has a purpose. We have amended the title, changed the name from national director to Director-General. Then, we shall now go to the counties and there are a few things that also have to be mentioned. So, every amendment has a purpose, so to say.

Madam Temporary Chairperson, I beg to move:- THAT Clause 16 of the Bill be amended—

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

A general summary can just help. Where there are queries, they will be raised and then maybe you will expound on them.

On a point of order, Madam Temporary Chairpersons. This Bill is designed to make a very clear distinctive difference between the old Bill or Act of Parliament, which denotes the physical planning as it is today in our statutes, as opposed to the new philosophy of land use. This is because it has a much wider meaning. If that is the direction he is taking, then I am in sync with what he is saying, so that we do not spend so much time. I think the idea of bringing in the word “land use” is because it has a wider meaning and application in terms of what must happen in the current statutes. I think that is a philosophy that you are borrowing in the overall. If that is the case, then I am in agreement with that general comment that we accept it. The rest are really substitution of words. If I have read through all these amendments and I see “land use,” and I think that is a dominant factor. (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move:- THAT clause 20 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 21 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 22 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 23 of the Bill be amended by—

Madam Temporary Chairperson, I beg to move:- THAT clause 24 of the Bill be amended—

Division will be at the end. Clause 9

Madam Temporary Chairperson, I beg to move: THAT Clause 9 of the Bill be amended—

THAT the Bill be amended by deleting clause 25 and substituting therefor the following new clause— Establishment of Inter-County Joint Land Use Planning Development Committees.

Madam Temporary Chairperson, I beg to move:- THAT clause 26 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 27 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 28 of the Bill be amended by—

Madam Temporary Chairperson, I beg to move:- THAT clause 29 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:-

Madam Temporary Chairperson, I beg to move:- THAT Clause 16 of the Bill be amended—

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

Madam Temporary Chairperson, I beg to move:- THAT clause 18 of the Bill be amended—

implementation of the respective Inter-County Land Use Development Plan to the Commission and the Cabinet Secretary for their purposes. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 32

Madam Temporary Chairperson, I beg to move:- THAT clause 32 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 33 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 22 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 23 of the Bill be amended by—

Madam Temporary Chairperson, I beg to move:- THAT clause 24 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:-

Madam Temporary Chairperson, I beg to move:- THAT clause 38 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 39 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 40 of the Bill be amended by—

Madam Temporary Chairperson, I beg to move: THAT clause 41 of the Bill be amended—

Madam Temporary Chairperson, I beg to move: THAT clause 42 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 43 of the Bill be amended by—

THAT the Bill be amended by deleting clause 30 and substituting therefor the following new clause— Implementation of the Inter- County Land Use Development Plan.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting clause 31 and substituting therefor the following new clause— Status Reports on an Inter- County Land Use Development Plan. 31. At least three months before the end of each financial year, every county executive committee member in a county covered by an Inter-County Land Use Development Plan shall submit a report on the

Madam Temporary Chairperson, I beg to move:- THAT clause 47 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 48 of the Bill be amended—

Division will be at the end. Clause 32

Madam Temporary Chairperson, I beg to move:- THAT clause 50 of the Bill be amended in subclause (1) by—

Madam Temporary Chairperson, I beg to move:- THAT clause 51 of the Bill be amended by—

Madam Temporary Chairperson, I beg to move:- THAT clause 34 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 35 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 36 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting clause 37 and substituting therefor the following new clause— Completion and approval of a county land use development plan.

Madam Temporary Chairperson, I beg to move:- THAT clause 38 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 39 of the Bill be amended—

THAT clause 57 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 58 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 59 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 60 of the Bill be amended by deleting the words “The planning authority” appearing at the beginning of the clause and substituting therefor the words “A county executive committee member”.

The Temporary Chairperson

(Sen. Nyamunga)

: The Division will be at the end. Let us go to the next clause. Clause 61

Madam Temporary Chairperson, I beg to move:- THAT clause 61 of the Bill be amended by deleting the words “planning authority” appearing immediately after the words “by the relevant” and substituting therefor the words “county executive committee member”.

The Temporary Chairperson

(Sen. Nyamunga)

: The Division will be at the end. Let us go to the next clause. Clause 62

Madam Temporary Chairperson, I beg to move:- THAT clause 62 of the Bill be amended in subclause (1) by—

Madam Temporary Chairperson, I beg to move:- THAT clause 62 of the Bill be amended –

Madam Temporary Chairperson, I beg to move:- THAT clause 63 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 64 of the Bill be amended in subclause

(2)

by deleting the word “physical” appearing immediately after the words “Any inter-county” and substituting therefor the words “land use”.

The Temporary Chairperson

(Sen. Nyamunga)

: The Division will be at the end. Let us go to the next clause.

(Consultations) Clause 65

The Temporary Chairperson (Sen. Nyamunga): Hon. Senators, Clause 65 does not have an amendment.

Madam Temporary Chairperson, I beg to move:- THAT clause 66 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 67 of the Bill be amended—

Madam Temporary Chairperson, I beg to move: THAT Clause 68 of the Bill be amended by:-

Madam Temporary Chairperson, I beg to move:- THAT Clause 69 of the Bill be amended:

Madam Temporary Chairperson, I beg to move: That Clause 70 of the Bill be amended:-

Madam Temporary Chairperson, I beg to move: THAT Clause 71 of the Bill be amended by:-

Madam Temporary Chairperson, I beg to move: THAT Clause 72 of the Bill be amended—

THAT clause 57 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 58 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 59 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 60 of the Bill be amended by deleting the words “The planning authority” appearing at the beginning of the clause and substituting therefor the words “A county executive committee member”. (Question of the amendment proposed) The Temporary Chairperson (

The Division will be at the end. Let us go to the next clause. Clause 61

Madam Temporary Chairperson, I beg to move:- THAT clause 61 of the Bill be amended by deleting the words “planning authority” appearing immediately after the words “by the relevant” and substituting therefor the words “county executive committee member”. (Question of the amendment proposed) The Temporary Chairperson (

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

Madam Temporary Chairperson, I beg to move:- THAT Clause 80 of the Bill be amended-

Madam Temporary Chairperson, I beg to move:- THAT Clause 81 of the Bill be amended-

Madam Temporary Chairperson, I beg to move:- THAT Clause 82 of the Bill be amended—

Madam Temporary Chairperson, I beg to move: THAT Clause 83 of the Bill be amended by deleting the word “Physical” appearing immediately after the words “members of the” and substituting therefor the words “Land Use”.

The Chairperson

(Sen. Nyamunga)

: Division will be at the end.

Clause 84

The Chairperson (Sen. Nyamunga) : It does not have an amendment so I put the question.

The Chairperson (Sen. Nyamunga) : Division will be at the end.

Clause 85

(Consultations) Clause 65The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after clause 4— Principles and norms of land use planning.

4A. Every person engaged in land use planning and regulation shall adhere to the following principles and norms of land use planning—

Madam Temporary Chairperson, I beg to move:- THAT clause 66 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT clause 67 of the Bill be amended—

Madam Temporary Chairperson, I beg to move: THAT Clause 68 of the Bill be amended by:-

Madam Temporary Chairperson, I beg to move:- THAT Clause 69 of the Bill be amended:

be part of the Bill proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. New Clause 12C

Madam Temporary Chairperson, I beg to move: THAT, the Bill be amended by inserting the following new clause immediately after Clause 12- County Land Use Planning Consultative Forum Meetings. 12C. (1) County Land Use Planning Consultative Forum shall meet at least four times in a year.

Madam Temporary Chairperson, I beg to move: THAT, the Bill be amended by inserting the following new clause immediately after Clause 49- Plans to be made in accordance with this Act. 49A. All plans formulated under the Urban Areas and Cities Act shall, with necessary modifications, be prepared and approved in accordance with this Act.

Madam Temporary Chairperson, I beg to move:- THAT Clause 73 of the Bill be amended by—

Madam Temporary Chairperson, I beg to move:- THAT Clause 74 of the Bill be amended:

Madam Temporary Chairperson, I beg to move: THAT, the Bill be amended by deleting the First Schedule.

The Temporary Chairperson

(Sen. Nyamunga)

: The Division will be at the end. Second Schedule

Madam Temporary Chairperson, I beg to move: THAT, the Second Schedule to the Bill be amended—

Madam Temporary Chairperson, I beg to move: THAT, the Third Schedule to the Bill be amended—

by deleting the word “Physical” appearing immediately after the words “by a County” and substituting therefor the words “Land Use”. (Question of the amendment proposed) The Chairperson (

Madam Temporary Chairperson, I beg to move: THAT, Clause 1 of the Bill be amended by deleting the word “Physical” appearing immediately after the words “cited as the” and substituting therefor the words “Land Use”.

The Temporary Chairperson

(Sen. Nyamunga)

: The Division will be at the end. Hon. Senators, we have concluded the Clauses, but we will only give a progress report. We cannot take a vote.

The Mover can now proceed.

Madam Temporary Chairperson, pursuant to Standing Order 139, I beg to move that the Committee do report progress on it is consideration of the Physical Planning Bill (National Assembly Bills No.34 of 2017) and seeks leave to sit again tomorrow.

Sen. Wamatangi seconded.

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

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

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting Clause 3.

The Temporary Chairperson

(Sen. Nyamunga)

: Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT Clause 82 of the Bill be amended—

Madam Temporary Chairperson, I beg to move: THAT Clause 83 of the Bill be amended by deleting the word “Physical” appearing immediately after the words “members of the” and substituting therefor the words “Land Use”. (Question of the amendment proposed) The Chairperson (

Madam Temporary Chairperson, I beg to move:- THAT, Clause 5 of the Bill be amended —

Madam Temporary Chairperson, I beg to move:- THAT, Clause 6 of the Bill be amended—

It does not have an amendment so I put the question. (Question that Clause 84 be part of the Bill proposed) The Chairperson (

Madam Temporary Chairperson, I beg to move:- THAT, Clause 7 of the Bill be amended—

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting Clause 13.

The Temporary Chairperson

(Sen. Nyamunga)

: Division will be at the end.

Clause 14

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting Clause 14.

The Temporary Chairperson

(Sen. Nyamunga)

: Division will be at the end. Clause 15

The Temporary Chairperson (Sen. Nyamunga) : Division will be at the end. Clause 16

Madam Temporary Chairperson, I beg to move:- THAT, Clause 16 of the Bill be amended by deleting paragraph

(b)

.

The Temporary Chairperson

(Sen. Nyamunga)

: Division will be at the end. Clause 17

Madam Temporary Chairperson, I beg to move:- THAT, Clause 17 of the Bill be amended in the proposed new section 133A by deleting subsection (2) and substituting therefor the following new subsection—

The Chairperson (

Division will be at the end. New Clause 12 A

The Temporary Chairperson (Sen. Nyamunga): Hon. Senators, let us proceed to the next Order; Committee of the Whole on The Kenya Roads Bill (National Assembly Bills No.47 of 2017). Clauses 3-6

(Question, that Clauses 3-6 be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will come at the end. Clause 7

Madam Temporary Chairperson, I beg to move:- THAT, Clause 7 of the Bill be amended in sub-Clause (1) —

be part of the Bill proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move:- THAT, Clause 9 of the Bill be amended in sub-clause

(1)

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

Clause 10

The Division will be at the end. New Clause 12C

Madam Temporary Chairperson, I beg to move: THAT, the Bill be amended by inserting the following new clause immediately after Clause 12- County Land Use Planning Consultative Forum Meetings. 12C. (1) County Land Use Planning Consultative Forum shall meet at least four times in a year.

Madam Temporary Chairperson, I beg to move: THAT, the Bill be amended by inserting the following new clause immediately after Clause 49- Plans to be made in accordance with this Act. 49A. All plans formulated under the Urban Areas and Cities Act shall, with necessary modifications, be prepared and approved in accordance with this Act.

Madam Temporary Speaker, I propose to drop the amendment to Clause 17a (b) .

I beg to move: THAT, Clause 17

(c)

be part of the Bill.

The Temporary Chairperson

(Sen. Nyamunga)

: Division at the end. Clauses18 and 19

The Temporary Chairperson (Sen. Nyamunga): Division at the end. Clause 20

Madam Temporary Chairperson, I propose to drop amendment to Clause 20a (b) .

I beg to move: THAT, Clause 20

(c)

be part of the Bill.

The Temporary Chairperson

(Sen. Nyamunga)

: Division at the end.

Clauses 21-43

The Temporary Chairperson

(Sen. Nyamunga)

: Division at the end. Clause 44

The Division will be at the end. Second Schedule

Madam Temporary Chairperson, I beg to move: THAT, the Second Schedule to the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT, Clause 47 of the Bill be deleted and substituted therefore with the following new clause: Power to take water

Madam Temporary Chairperson, I beg to move:- THAT, Clause 48 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT, Clause 52 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause

(4)

— “

(5)

Any matter brought to the Intergovernmental Relations Technical Committee under subsection

(4)

shall be determined expeditiously.”

The Temporary Chairperson

(Sen. Nyamunga)

: Division at the end. Clauses 53, 54 and 55

The Temporary Chairperson

(Sen. Nyamunga)

: Division at the end. Clause 56

Madam Temporary Chairperson, I beg to move:- THAT, Clause 56 of the Bill be amended in sub-clause

(1)

and substituting therefore with the following new sub-clause— Road user charges 56.

(1)

The Cabinet Secretary responsible for finance may, in consultation with the Cabinet Secretary, make Regulations in accordance with this section authorizing the imposition and collection of road user charges by the Authority in respect of national roads.

The Temporary Chairperson

(Sen. Nyamunga)

: Division at the end. Clauses 57-66

(Question that Clauses 57-66

be part of the Bill, proposed) The Temporary Chairperson (Sen. Nyamunga): Division at the end. Clause 67

Madam Temporary Chairperson, I beg to move:- THAT, Clause 67 of the Bill be amended in sub-clause

(1)

by deleting the words ‘or for the use of road reserves’ appearing immediately after the word ‘services’

The Temporary Chairperson

(Sen. Nyamunga)

: Division at the end. Sen. Kang’ata is not around so we will drop that amendment.

Clauses 68-100

The Temporary Chairperson

(Sen. Nyamunga)

: Division at the end. Clause 101

Madam Temporary Chairperson, I beg to move:-

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting Clause 3. (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move: THAT, the Third Schedule of the Bill be amended—

Clause 4

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting clause 4. (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Chairperson, pursuant to Standing Order No.142, I beg to move that the Committee do report progress on its consideration of The Kenya Roads Bill (National Assembly Bill No.47 of 2017) and seek leave to sit again tomorrow.

Sen. Wamatangi seconded.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 5 of the Bill be amended —

Madam Temporary Chairperson, I beg to move:- THAT, Clause 6 of the Bill be amended—

Madam Temporary Chairperson, I beg to move:- THAT, Clause 7 of the Bill be amended—

THAT, Clause 5 of the Bill be amended in sub-clause

(1)

by inserting the words “Council of County Governors and other” immediately after the words “consultation with the”.

The Temporary Chairperson

(Sen. Lelegwe)

: The Division will come at the end.

Clauses 6, 7 and 8

The Temporary Chairperson

(Sen. Lelegwe)

: The Division will come at the end. Clause 9

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting Clause 13. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 14

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting Clause 14. (Question of the amendment proposed) The Temporary Chairperson (

THAT, Clause 11 be amended by –

Division will be at the end. Clause 15 (Question, that Clauses 15 be part of the Bill, proposed) The Temporary Chairperson (

THAT, Clause 12 be amended in sub-clause (1) by–

Division will be at the end. Clause 16

THAT, Clause 13 of the Bill be amended by –

THAT, Clause 15 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “reports of the” and substituting therefor the word “Commission”.

The Temporary Chairperson

(Sen. Lelegwe)

: The Division will come at the end. Clause 16

Madam Temporary Chairperson, I beg to move:- THAT, Clause 17 of the Bill be amended in the proposed new section 133A by deleting subsection (2) and substituting therefor the following new subsection—

Madam Temporary Chairperson, I beg to move:- THAT, Clause 1 of the Bill be amended by deleting the words “Value Index” appearing immediately after the words “as the Land”. (Question of the amendment proposed) The Temporary Chairperson (

Staff of the Commission.

Division will be at the end.

THAT, Clause 17 of the Bill be amended by deleting the word “Authority” appearing immediately after the word “The” and substituting therefore the word “Commission”.

The Temporary Chairperson

(Sen. Lelegwe)

: The Division will come at the end. Clause 18

The Temporary Chairperson (

THAT, Clause 19 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “not relieve the” and substituting therefor the word “Commission”.

The Temporary Chairperson

(Sen. Lelegwe)

: The Division will come at the end. Clause 20

Hon. Senators, let us proceed to the next Order; Committee of the Whole on The Kenya Roads Bill (National Assembly Bills No.47 of 2017). Clauses 3-6(Question, that Clauses 3-6 be part of the Bill, proposed) The Temporary Chairperson (

THAT, the Bill be amended by deleting clause 20 and substituting therefor the following new clause – Funds of the Commission. 20. (1) The funds of the Commission shall consist

of—

The Division will come at the end. Clause 7

THAT, Clause 21 of the Bill be amended –

Madam Temporary Chairperson, I propose to drop Clause 7 (a) and beg to move: THAT, Clause 7 (b) be part of the Bill. (Question of the amendment proposed) The Temporary Chairperson (

THAT, Clause 23 of the Bill be amended –

THAT, Clause 24 of the Bill be amended in sub-clause

(1)

by deleting the word “Authority” appearing immediately after the words “decision of the” and substituting therefor the word “Commission”.

The Temporary Chairperson

(Sen. Lelegwe)

: The Division will come at the end. Clause 25

The Temporary Chairperson (Sen. Lelegwe) : The Division will come at the end. Clause 26

Madam Temporary Chairperson, I beg to move:- THAT, Clause 9 of the Bill be amended in sub-clause

(1)

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

Clause 10

THAT, Clause 26 of the Bill be amended –

Madam Temporary Chairperson, I beg to move:- THAT, Clause 12 of the Bill be amended—

Madam Temporary Chairperson, I propose to drop the amendment in Clause 14a (b) . I beg to move: THAT, Clause 14 (c) be part of the Bill. (Question of the amendment proposed) Clause 15 and 16 (Question, that Clauses 15 and 16 be part of the Bill, proposed) The Temporary Chairperson (

Clauses 28-35

(Question, that Clauses 28-35 be part of the Bill, proposed) The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 36

Division at the end. Clause 17

THAT, the Bill be amended by deleting sub -clause (4) and substituting therefor the following new sub-clause –

THAT, Clause 40 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “decisions of the” and substituting therefor the word “Commission”.

The Temporary Chairperson

(Sen. Lelegwe)

: The Division will come at the end. Clause 41

The Temporary Chairperson (Sen. Lelegwe): The Division will come at the end. Clause 42

THAT, Clause 42 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “decisions of the” and substituting therefor the word “Commission”.

The Temporary Chairpersons

(Sen. Lelegwe)

: Division will be at the end. Clauses 43-57

The Temporary Chairpersons

(Sen. Lelegwe)

: Division will be at the end. Clause 58

Madam Temporary Chairperson, I propose to drop amendment to Clause 20a (b) . I beg to move: THAT, Clause 20 (c) be part of the Bill. (Question of the amendment proposed) The Temporary Chairperson (

Division at the end. Clauses 21-43 (Question, that Clauses 21-43 be part of the Bill, proposed) The Temporary Chairperson (

Division at the end. Clause 44

Madam Temporary Chairperson, I beg to move:- THAT, Clause 44 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (2) ― “ (3) The Authority in exercising its powers under this section shall seek consultation and approval of the relevant county government. (Question of the amendment proposed) The Temporary Chairperson (

THAT, Clause 79 of the Bill be amended by deleting sub-clause (2) and substituting therefor the following new sub-clause –

Division at the end. Clauses 45 and 46 (Question that Clauses 45 and 46 be part of the Bill, proposed) The Temporary Chairperson (

THAT, Clause 82 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “advice of the” in the introductory clause and substituting therefor the word “Commission”.

The Temporary Chairpersons

(Sen. Lelegwe)

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

The Temporary Chairpersons

(Sen. Lelegwe)

: Division will be at the end. Clause 85

Division at the end. Clause 47

Madam Temporary Chairperson, I beg to move:- THAT, Clause 47 of the Bill be deleted and substituted therefore with the following new clause: Power to take water

THAT, Clause 89 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “recommendation of the” in sub-clause

(1)

and substituting therefor the word “Commission”.

The Temporary Chairpersons

(Sen. Lelegwe)

: Division will be at the end. Clauses 90 and 91

Hon. Senators, Division will be at the end. Clause 92

Madam Temporary Chairperson, I beg to move:- THAT, Clause 52 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (4) — “ (5) Any matter brought to the Intergovernmental Relations Technical Committee under subsection (4) shall be determined expeditiously.” (Question of the amendment proposed) The Temporary Chairperson (

THAT, Clause 92 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “recommendation of the” in the introductory clause and substituting therefor the word “Commission”.

The Temporary Chairpersons

(Sen. Lelegwe)

: Division will be at the end. Clause 93

Division at the end. Clauses 53, 54 and 55 (Question that Clauses 53,54 and 55 be part of the Bill, proposed) The Temporary Chairperson (

THAT, Clause 93 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “recommendation of the” in the introductory clause and substituting therefor the word “Commission”.

The Temporary Chairpersons

(Sen. Lelegwe)

: Division will be at the end. Clause 94

The Temporary Chairpersons

(Sen. Lelegwe)

: Division will be at the end. Clause 95

Division at the end. Clause 56

THAT, Clause 95 of the Bill be amended –

THAT, Clause 96 of the Bill be amended –

THAT, Clause 97 of the Bill be amended –

THAT, Clause 98 of the Bill be amended –

Madam Temporary Chairperson, I beg to move:- THAT, Clause 67 of the Bill be amended in sub-clause (1) by deleting the words ‘or for the use of road reserves’ appearing immediately after the word ‘services’ (Question of the amendment proposed) The Temporary Chairperson (

Division at the end. Sen. Kang’ata is not around so we will drop that amendment. (Proposed amendment by Sen. Kang’ata dropped) Clauses 68-100 (Question, that Clauses 68-100 be part of the Bill, proposed) The Temporary Chairperson (

Division at the end. Clause 101

Madam Temporary Chairperson, I beg to move:- THAT clause 101 of the Bill be amended―

THAT, Clause 102 of the Bill be amended –

THAT, the Bill be amended by deleting clause 103 and substituting therefor the following new sub-clause –

Madam Temporary Chairperson, I beg to move: THAT, the Third Schedule of the Bill be amended—

Madam Temporary Chairperson, I beg to move: THAT, the Third Schedule to the Bill be amended in the proposed amendments to the Kenya Roads Board Act, No. 7 of 1999 by –

THAT, Clause 105 of the Bill be amended –

Madam Temporary Chairperson, pursuant to Standing Order No.142, I beg to move that the Committee do report progress on its consideration of The Kenya Roads Bill (National Assembly Bill No.47 of 2017) and seek leave to sit again tomorrow.

Sen. Wamatangi seconded.

THAT, Clause 107 of the Bill be amended –

THAT, Clause 4 of the Bill be amended in sub-clause (1) by inserting the words “Council of County Governors and other” immediately after the words “consultation with the”. (Question of the amendment proposed) The Temporary Chairperson (

The Division will come at the end. Clause 5

THAT, Clause 5 of the Bill be amended in sub-clause (1) by inserting the words “Council of County Governors and other” immediately after the words “consultation with the”. (Question of the amendment proposed) The Temporary Chairperson (

The Division will come at the end. Clauses 6, 7 and 8 (Question, that Clause 6, 7 and 8 be part of the Bill, proposed) The Temporary Chairperson (

The Division will come at the end. Clause 9

THAT, Clause 9 of the Bill be amended –

THAT, the Bill be amended by deleting clause 10 and substituting therefor the following new clause – Functions of the Commission. 10. The functions of the Commission shall

be to—

THAT, Clause 11 be amended by –

THAT, Clause 12 be amended in sub-clause (1) by–

THAT, Clause 13 of the Bill be amended by –

THAT, the Bill be amended by deleting clause 120 and substituting therefor the following new clause –

THAT, Clause 15 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “reports of the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

THAT, Clause 121 of the Bill be amended –

The Division will come at the end. Clause 16

THAT, Clause 122 of the Bill be amended –

THAT, the Bill be amended by deleting Clause 16 and substituting therefore the following new clause –

Staff of the Commission.

THAT, Clause 124 of the Bill be amended –

THAT, Clause 17 of the Bill be amended by deleting the word “Authority” appearing immediately after the word “The” and substituting therefore the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

THAT, Clause 125 of the Bill be amended –

The Division will come at the end. Clause 18

THAT, Clause 126 of the Bill be amended –

THAT, the Bill be amended by deleting clause 18 and substituting therefor the following new clause – Protection from personal liability.

THAT, Clause 127 of the Bill be amended by deleting sub-clause (1) and substituting therefore the following new sub-clause –

THAT, Clause 19 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “not relieve the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

THAT, Clause 128 of the Bill be amended –

The Division will come at the end. Clause 20

THAT, Clause 129 of the Bill be amended – (a) in sub-clause (1) by –

THAT, the Bill be amended by deleting clause 20 and substituting therefor the following new clause – Funds of the Commission. 20. (1) The funds of the Commission shall consist

of—

THAT, Clause 21 of the Bill be amended –

THAT, Clause 23 of the Bill be amended –

THAT, Clause 132 of the Bill be amended –

THAT, Clause 24 of the Bill be amended in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “decision of the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

THAT, Clause 136 of the Bill be amended in sub-clause

(1)

by deleting the word “Authority” appearing immediately after the words “to enable the” and substituting therefore the word “Commission”.

The Temporary Chairperson

(Sen. Lelegwe)

: Division will be at the end. Clause 137

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

THAT, Clause 137 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “report to the” and substituting therefor the word “Commission”.

The Temporary Chairperson

(Sen. Lelegwe)

: Division will be at the end. Clause 138

The Division will come at the end. Clause 26

- THAT, Clause 138 of the Bill be amended –

- THAT, Clause 141 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “report to the” and substituting therefor the word “Commission”.

The Temporary Chairperson

(Sen. Lelegwe)

: Division will be at the end. Clause 142

THAT, Clause 142 of the Bill be amended in sub-clause

(6)

by deleting the word “Authority” appearing immediately after the words “determined by the” and substituting therefor the word “Commission”.

The Temporary Chairperson

(Sen. Lelegwe)

: Division will be at the end. Clauses 143 and 144

The Division will come at the end.

Clauses 28-35(Question, that Clauses 28-35 be part of the Bill, proposed) The Temporary Chairperson (

The Division will come at the end. Clause 36

THAT, the Bill be amended by deleting sub -clause (4) and substituting therefor the following new sub-clause –

THAT, Clause 40 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “decisions of the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

The Division will come at the end. Clause 41 (Question, that Clause 41 be part of the Bill, proposed)

The Temporary Chairperson (

The Division will come at the end. Clause 42

THAT, Clause 42 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “decisions of the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairpersons (

Division will be at the end. Clauses 43-57 (Question, that Clauses 43-57 be part of the Bill, proposed) The Temporary Chairpersons (

Division will be at the end. Clause 58

THAT, Clause 58 of the Bill be amended in sub-clause (1) by –

THAT, Clause 75 of the Bill be amended –

THAT, Clause 76 of the Bill be amended in sub-clause (2) by inserting the following new paragraph immediately after paragraph (g) –

THAT, Clause 79 of the Bill be amended by deleting sub-clause (2) and substituting therefor the following new sub-clause –

THAT, Clause 82 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “advice of the” in the introductory clause and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairpersons (

Division will be at the end. Clauses 83 and 84 (Question, that Clauses 83 and 84 be part of the Bill, proposed) The Temporary Chairpersons (

Division will be at the end. Clause 85

THAT, Clause 85 of the Bill be amended –

THAT, Clause 89 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “recommendation of the” in sub-clause (1) and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairpersons (

Division will be at the end. Clauses 90 and 91 (Question, that Clauses 90 and 91 be part of the Bill, proposed) Hon. Senators, Division will be at the end. Clause 92

THAT, Clause 92 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “recommendation of the” in the introductory clause and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairpersons (

Division will be at the end. Clause 93

THAT, Clause 93 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “recommendation of the” in the introductory clause and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairpersons (

Division will be at the end. Clause 94 (Question, that Clause 94 be part of the Bill, proposed) The Temporary Chairpersons (

Division will be at the end. Clause 95

THAT, Clause 95 of the Bill be amended –

THAT, Clause 96 of the Bill be amended –

Mr. Temporary Chairman, Sir, I beg to move THAT, Clause 200 of the Bill be amended–

THAT, Clause 201 of the Bill be amended–

Mr. Temporary Chairman, Sir, I beg to move THAT, Clause 202 of the Bill be amended–

THAT, Clause 100 of the Bill be amended –

THAT, Clause 101 be amended by deleting the word “Authority” appearing immediately after the word “lodged with the” in sub-clause (1) and substituting therefor the word “Commission”;

(Question of the amendment proposed) The Temporary Chairpersons (

Division will be at the end. Clause 102

THAT, Clause 206 of the Bill be amended–

THAT, Clause 207 of the Bill be amended–

THAT, Clause 208 of the Bill be amended–

- THAT, Clause 210 of the Bill be amended by deleting the phrase “Authority, committee, agent or an officer acting on behalf of the Authority” appearing immediately after the words “or to the” and substituting therefor the phrase “Commission, committee, agent or an officer acting on behalf of the Commission”.

The Chairperson

(Sen. Lelegwe)

: The Division will be at the end. Clause 211

THAT, Clause 211 of the Bill be amended in the proviso by deleting the word “Authority” appearing immediately after the words “manner which the” in paragraph

(b)

and substituting therefor the word “Commission”.

The Chairperson

(Sen. Lelegwe)

: The Division will be at the end. Clauses 212 and 213

The Chairperson

(Sen. Lelegwe)

: The Division will be at the end. Clause 214

THAT, Clause 106 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “action of the” in the introductory clause and substituting therefor the word “Commission”; (Question of the amendment proposed) The Temporary Chairperson (

THAT Clause 214 of the Bill be amended:-

Division will be at the end. Clause 107

THAT, Clause 216 of the Bill be amended in sub-clause

(2)

by deleting the word “Authority” appearing immediately after the words “imposed by the” in the paragraph

(f)

and substituting therefor the word “Commission”.

The Chairperson

(Sen. Lelegwe)

: The Division will be at the end. Clauses 217-219

THAT, Clause 107 of the Bill be amended –

The Chairperson (Sen. Lelegwe): The Division will be at the end. Clause 220

THAT, Clause 108 of the Bill be amended –

- THAT the Bill be amended by deleting Clause 220 and substituting therefor the following new clause- Prosecution of offences. 220. The Director Public Prosecutions shall, on the request of the Commission, appoint any officer of the Commission or an advocate of the High Court to be a public

prosecutor for the purposes of prosecuting offences under this Act.

The Chairperson

(Sen. Lelegwe)

: The Division will be at the end. Clauses 221-223

The Chairperson

(Sen. Lelegwe)

: The Division will be at the end. Clause 224

THAT, Clause 109 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “period which the” and substituting therefor the word “Commission.” (Question of amendment proposed) The Temporary Chairperson (

THAT, Clause 224 of the Bill be amended in sub-clause

(2)

by deleting the word “Authority” appearing immediately after the words “granted by the” in paragraph

(b)

and substituting therefor the word “Commission”.

The Temporary Chairperson

(Sen. Lelegwe)

: Division at the end. Clause 225

The Temporary Chairperson (Sen. Lelegwe) : Division at the end. First Schedule

The Division will be at the end. Clause 110

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

THAT, Clause 110 of the Bill be amended –

THAT, the Second Schedule to the Bill be amended –

THAT, Clause 111 of the Bill be amended by deleting sub-clause (2) and substituting therefore the following new sub-clause –

THAT, Clause 112 of the Bill be amended –

THAT, Clause 114 of the Bill be amended –

THAT, Clause 116 of the Bill be amended by deleting the introductory clause and substituting therefor the following new clause –

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.148, I beg to move that the Committee do report progress on its consideration of the Energy Bill (National Assembly Bills No. 50 of 2017) , and seek leave to sit again tomorrow.

Sen. Pareno seconded.

Division will be at the end. Clause 118 (Question, that Clause 118 be part of the Bill, proposed) Hon. Members, Division will be at the end. Clause 119

THAT, Clause 119 of the Bill be amended –

- THAT, Clause 22 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause

(1)

–

(1A)

The Authority may, where the exploration activity involves drilling or an activity that is likely to alter the land on which the exploration activity is being undertaken, require an applicant to submit, together with the application under subsection

(1)

an environmental impact assessment license obtained under Section 63 of the Environmental Management and Co-ordination Act.

Clauses 23-49

The Temporary Chairperson

(Sen. Lelegwe)

: Division will come at the end. Clause 50

THAT, Clause 121 of the Bill be amended –

THAT, Clause 50 of the Bill be amended in sub-clause (1) by deleting the proviso appearing at the end of that sub-clause. (Question of the amendment proposed) The Temporary Chairperson (Sen. Lelegwe): Division will come at the end. Clauses 51-57

(Question that Clauses 51-57 be part of the Bill, proposed) The Temporary Chairperson (Sen. Lelegwe): Division will come at the end. Clause 58

THAT, Clause 122 of the Bill be amended –

THAT, Clause 58 of the Bill be amended in sub-clause

(3)

by deleting the word “five” appearing immediately after the words “be equivalent to” and substituting therefor the word “ten”.

The Temporary Chairperson

(Sen. Lelegwe)

: Division will come at the end. Clauses 59-87

Hon. Senators, Division will come at the end. Clause 88

THAT, Clause 123 of the Bill be amended –

THAT, Clause 88 of the Bill be amended in paragraph

(a)

by deleting the word “construction” appearing immediately after the words “works for the” and substituting therefore the words “repair, replacement and rehabilitation”.

The Temporary Chairperson

(Sen. Lelegwe)

: Division will come at the end. Clauses 89-91

THAT, Clause 124 of the Bill be amended –

Hon. Members, Division will come at the end. Clause 92

THAT, Clause 125 of the Bill be amended –

THAT, Clause 92 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (3) –

THAT, Clause 126 of the Bill be amended –

THAT, Clause 125 of the Bill be amended –

THAT, Clause 127 of the Bill be amended by deleting sub-clause (1) and substituting therefore the following new sub-clause –

Hon, Senators, Division will be at the end. Clause 127

THAT, Clause 128 of the Bill be amended –

THAT, Clause 127 of the Bill be amended in paragraph

(u)

by inserting the words “and restoration” immediately after the words “safety environmental protection”.

Clause 2

THAT, Clause 129 of the Bill be amended – (a) in sub-clause (1) by –

THAT, Clause 2 of the Bill be amended by –

THAT, the Bill be amended by inserting the following new clauses immediately after Clause 13 – Establishment of Petroleum Regulatory Authority 13A. (1) There is established the Petroleum Regulatory Authority

Mr. Temporary Chairman, Sir I beg to move that New Clause 13A be now read a Second Time.

Sen. Pareno seconded.

THAT, Clause 131 of the Bill be amended –

Mr. Temporary Chairperson, pursuant to Standing Order No.142, I beg to move that the Committee of the Whole report progress on its consideration of The Petroleum Bill (National Assembly Bill No. 48 of 2017) and seek leave to sit again tomorrow.

Sen. Olekina seconded.

May the Mover of the Physical Planning Bill (National Assembly Bills No. 34 of 2017) give a report.

Madam Temporary Speaker, it is the Chairperson first.

Division will be at the end. Clause 137

The Mover to proceed.

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

Division will be at the end. Clause 138

- THAT, Clause 138 of the Bill be amended –

Proceed, Chairperson.

- THAT, Clause 141 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “report to the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

Mover?

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said Report and ask Sen. I request Sen. Pareno to second.

THAT, Clause 142 of the Bill be amended in sub-clause (6) by deleting the word “Authority” appearing immediately after the words “determined by the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

Hon. Senators, I would like to invoke Standing Order 31 to extend the sitting to such a time when we will have finished with the reports.

The next one to be tackled is the Kenya Roads Bill (National Assembly Bills No. 47 of 2017) .

Proceed, Chairperson.

Madam Temporary Speaker, I beg to report progress that the Committee of the Whole has considered the Kenya Roads Bill (National Assembly Bills No. 47 of 2017) , and seeks leave to sit again tomorrow.

THAT, Clause 145 of the Bill be amended –

Madam Temporary Speaker, I beg to move that the House do agree with the Committee in the said report and ask Sen. Seneta to second.

Madam Temporary Speaker, I second.

Division will be at the end. Clause 147

- THAT, Clause 147 of the Bill be amended –

Madam Temporary Speaker, I beg to report progress that the Committee of the Whole has considered the Energy Bill (National Assembly Bills No.50 of 2017) , and seeks leave to sit again tomorrow.

- THAT, Clause 148 of the Bill be amended in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “contractor by the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

I second, Madam Temporary Speaker.

The next report is on The Petroleum Bill National Assembly Bill No.48 of 2017.

Madam Temporary Speaker, I beg to report progress that the Committee of the Whole has considered The Petroleum Bill National Assembly Bill No.48 of 2017) and seeks leave to sit again tomorrow.

Division will be at the end. Clause 149

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report and ask Sen. (Eng.) Maina to second.

Madam Temporary Speaker I second.

- THAT, Clause 150 of the Bill be amended –

Hon. Senators, it is now 6.36 p.m. Therefore, the House stands adjourned until tomorrow Thursday 14th February 2019 at 2:30 p.m.

The house rose at 6:36 p.m.

- THAT, Clause 151 of the Bill be amended in sub-clause (1) by deleting the word “Authority” appearing immediately after the words “authorized by the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clauses 151-158 (Question, that Clauses to 151-158 be part of the Bill, proposed) The Temporary Chairperson (

Division will be at the end. Clause 159

- THAT, Clause 159 of the Bill be amended –

- THAT, Clause 160 of the Bill be amended –

- THAT, Clause 161 of the Bill be amended by –

THAT, Clause 163 of the Bill be amended –

- THAT, Clause 164 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “submitted to the” in the introductory clause and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 165

THAT, Clause 165 of the Bill be amended –

- THAT, Clause 166 of the Bill be amended by deleting sub-clause (4) and substituting therefor the following new sub-clause –

THAT, Clause 167 of the Bill be amended in sub-clause (1) –

- THAT, Clause 168 of the Bill be amended in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “period as the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clauses 169 and 170 (Question, that Clauses 169 and 170 be part of the Bill, proposed) The Temporary Chairperson (

Division will be at the end. Clause 171

- THAT, Clause 171 of the Bill be amended –

- THAT, Clause 178 of the Bill be amended in sub-clause (1) by inserting the words “the Environmental Management and Co-ordination Act” immediately after the words “provided in this Act”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 179 (Question, that Clause 179 be part of the Bill, proposed) The Temporary Chairperson (

Division will be at the end. Clause 180

THAT, Clause 180 of the Bill be amended in sub-clause (2) by –

THAT, Clause 187 of the Bill be amended by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the words “Commission in collaboration with county governments”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Let us go to the next clause. Clause 188

THAT, Clause 188 of the Bill be amended –

THAT, Clause 190 of the Bill be amended–

THAT, Clause 191 of the Bill be amended in sub-clause

(1)

by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the word “Commission”.

The Temporary Chairperson (

Division will be at the end. Let us go to the next clause. Clause 192

THAT, Clause 192 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “recommendation by the” and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Let us go to the next clause. Clause 193

THAT, Clause 193 of the Bill be amended–

THAT, Clause 198 of the Bill be amended–

Mr. Temporary Chairman, Sir, I beg to move THAT, Clause 200 of the Bill be amended–

THAT, Clause 201 of the Bill be amended–

Mr. Temporary Chairman, Sir, I beg to move THAT, Clause 202 of the Bill be amended–

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 203 of the Bill be amended –

- THAT, Clause 204 of the Bill be amended–

- THAT, Clause 205 of the Bill be amended–

THAT, Clause 206 of the Bill be amended–

THAT, Clause 207 of the Bill be amended–

THAT, Clause 208 of the Bill be amended–

- THAT, Clause 210 of the Bill be amended by deleting the phrase “Authority, committee, agent or an officer acting on behalf of the Authority” appearing immediately after the words “or to the” and substituting therefor the phrase “Commission, committee, agent or an officer acting on behalf of the Commission”. (Question of the amendment proposed) The Chairperson (

The Division will be at the end. Clause 211

THAT, Clause 211 of the Bill be amended in the proviso by deleting the word “Authority” appearing immediately after the words “manner which the” in paragraph (b) and substituting therefor the word “Commission”. (Question of the amendment proposed) The Chairperson (

The Division will be at the end. Clauses 212 and 213 (Question, that Clauses 212 and 213 be part of the Bill, proposed) The Chairperson (

The Division will be at the end. Clause 214

THAT Clause 214 of the Bill be amended:-

THAT, Clause 216 of the Bill be amended in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “imposed by the” in the paragraph (f) and substituting therefor the word “Commission”. (Question of the amendment proposed) The Chairperson (

The Division will be at the end. Clauses 217-219 (Question, that Clauses 217-219 be part of the Bill, proposed)

The Chairperson (

The Division will be at the end. Clause 220

- THAT the Bill be amended by deleting Clause 220 and substituting therefor the following new clause- Prosecution of offences. 220. The Director Public Prosecutions shall, on the request of the Commission, appoint any officer of the Commission or an advocate of the High Court to be a public prosecutor for the purposes of prosecuting offences under this Act. (Question of the amendment proposed) The Chairperson (

The Division will be at the end. Clauses 221-223 (Question, that Clauses 221-223 be part of the Bill, proposed) The Chairperson (

The Division will be at the end. Clause 224

THAT, Clause 224 of the Bill be amended in sub-clause (2) by deleting the word “Authority” appearing immediately after the words “granted by the” in paragraph (b) and substituting therefor the word “Commission”. (Question of the amendment proposed) The Temporary Chairperson (

Division at the end. Clause 225 (Question, that Clause 225 be part of the Bill, proposed.) The Temporary Chairperson (

Division at the end. First Schedule (Question, that the First Schedule be part of the Bill, proposed.)

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

THAT, the Second Schedule to the Bill be amended –

THAT, the Third Schedule to the Bill be amended by deleting item 1 and substituting therefor the following new item –

THAT, the Fourth Schedule to the Bill be amended in paragraph 1 by –

Thank you, Mr. Temporary Chairman, Sir. I have an interjection. Sen. Olekina is a Member of the Committee. I must put it on record that the amendments should be regarded as his amendments and not the amendments of the Committee. Can I go on, Mr. Temporary Chairperson, Sir? The Temporary Chairperson (

Yes, proceed Sen. (Eng.) Maina.

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.148, I beg to move that the Committee do report progress on its consideration of the Energy Bill (National Assembly Bills No. 50 of 2017) , and seek leave to sit again tomorrow.

Sen. Pareno seconded.

- THAT, Clause 5 of the Bill be amended by deleting sub-clause

THAT, Clause 6 of the Bill be amended in sub-clause (1) by inserting the words “in consultation with the Council of County Governors” immediately after the words “Cabinet Secretary shall”. (Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clauses 7-21 (Question, that Clauses 7–21 be part of the Bill, proposed) Hon. Senators, Division will be at the end. Clause 22

- THAT, Clause 22 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (1) – (1A) The Authority may, where the exploration activity involves drilling or an activity that is likely to alter the land on which the exploration activity is being undertaken, require an applicant to submit, together with the application under subsection (1) an environmental impact assessment license obtained under Section 63 of the Environmental Management and Co-ordination Act. (Question of the amendment proposed) Clauses 23-49 (Question, that Clauses 23-49 be part of the Bill, proposed) The Temporary Chairperson (

Division will come at the end. Clause 50

THAT, Clause 50 of the Bill be amended in sub-clause (1) by deleting the proviso appearing at the end of that sub-clause. (Question of the amendment proposed) The Temporary Chairperson (

Division will come at the end. Clauses 51-57(Question that Clauses 51-57 be part of the Bill, proposed) The Temporary Chairperson (

Division will come at the end. Clause 58

THAT, Clause 58 of the Bill be amended in sub-clause (3) by deleting the word “five” appearing immediately after the words “be equivalent to” and substituting therefor the word “ten”. (Question of the amendment proposed) The Temporary Chairperson (

Division will come at the end. Clauses 59-87 (Question, that Clauses 59-87 be part of the Bill, proposed) Hon. Senators, Division will come at the end. Clause 88

THAT, Clause 88 of the Bill be amended in paragraph (a) by deleting the word “construction” appearing immediately after the words “works for the” and substituting therefore the words “repair, replacement and rehabilitation”. (Question of the amendment proposed) The Temporary Chairperson (

Division will come at the end. Clauses 89-91 (Question, that Clauses 89- 91 be part of the Bill, proposed)

Hon. Members, Division will come at the end. Clause 92

THAT, Clause 92 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (3) –

THAT, Clause 125 of the Bill be amended –

Hon, Senators, Division will be at the end. Clause 127

THAT, Clause 127 of the Bill be amended in paragraph

(u)

by inserting the words “and restoration” immediately after the words “safety environmental protection”.

Clause 2

THAT, Clause 2 of the Bill be amended by –

THAT, the Bill be amended by inserting the following new clauses immediately after Clause 13 – Establishment of Petroleum Regulatory Authority 13A. (1) There is established the Petroleum Regulatory Authority

Mr. Temporary Chairman, Sir I beg to move that New Clause 13A be now read a Second Time.

Sen. Pareno seconded.

Mr. Temporary Chairperson, pursuant to Standing Order No.142, I beg to move that the Committee of the Whole report progress on its consideration of The Petroleum Bill (National Assembly Bill No. 48 of 2017) and seek leave to sit again tomorrow.

Sen. Olekina seconded.

May the Mover of the Physical Planning Bill (National Assembly Bills No. 34 of 2017) give a report.

Madam Temporary Speaker, it is the Chairperson first.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Physical Planning Bill (National Assembly Bills No. 34 of 2017) and instructed me to report progress and seek leave to sit again tomorrow.

Sen. Murkomen seconded.

The Mover to proceed.

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

Madam Temporary Speaker, I second.

Proceed, Chairperson.

Madam Temporary Speaker, I beg to report progress that the Committee of the Whole has considered the Land Value Index Laws (Amendment) Bill (National Assembly Bills No.3 of 2018) , and seeks leave to sit again tomorrow.

Mover?

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said Report and ask Sen. I request Sen. Pareno to second.

Madam Temporary Speaker, I second.

Hon. Senators, I would like to invoke Standing Order 31 to extend the sitting to such a time when we will have finished with the reports.

The next one to be tackled is the Kenya Roads Bill (National Assembly Bills No. 47 of 2017) .

Proceed, Chairperson.

Madam Temporary Speaker, I beg to report progress that the Committee of the Whole has considered the Kenya Roads Bill (National Assembly Bills No. 47 of 2017) , and seeks leave to sit again tomorrow.

Mover?

Madam Temporary Speaker, I beg to move that the House do agree with the Committee in the said report and ask Sen. Seneta to second.

Madam Temporary Speaker, I second.

Next is the Energy Bill (National Assembly Bills No.50 of 2017) .

Proceed, Chairperson.

Madam Temporary Speaker, I beg to report progress that the Committee of the Whole has considered the Energy Bill (National Assembly Bills No.50 of 2017) , and seeks leave to sit again tomorrow.

Madam Temporary Speaker, I beg to move that the House do a view with the Committee on the said report and ask Sen. Mwangi to second.

I second, Madam Temporary Speaker.

The next report is on The Petroleum Bill National Assembly Bill No.48 of 2017.

Madam Temporary Speaker, I beg to report progress that the Committee of the Whole has considered The Petroleum Bill National Assembly Bill No.48 of 2017) and seeks leave to sit again tomorrow.

Who is the Mover?

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report and ask Sen. (Eng.) Maina to second.

Madam Temporary Speaker I second.

Hon. Senators, it is now 6.36 p.m. Therefore, the House stands adjourned until tomorrow Thursday 14th February 2019 at 2:30 p.m.

The house rose at 6:36 p.m.