Wednesday 4th May, 2022

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No. 41 (3) (4) , I received the following message from the Speaker of the National Assembly regarding the passage of the the Coffee Bill (Senate Bills No.22 of 2020) .

The Message which is dated Wednesday, 27th April, 2022 was received on 28th April, 2022 pursuant to the Standing Orders. I now report the Message:

Pursuant to the provisions of Standing Order No. 41 (1) of the National Assembly, I hereby convey the following Message from the National Assembly.

“Whereas the Coffee Bill (Senate Bills No.22 of 2020) was passed by the Senate on Thursday, 5th August, 2021 with amendments and referred to the National Assembly for consideration and whereas the National Assembly passed the Bill on Wednesday, 13th April, 2022, with further amendments as contained in the schedule of amendments attached herewith.

Now therefore, in accordance with the provisions of Article 110 of the Constitution and Standing Order No. 41 (1) and 144 of the National Assembly Standing Orders, I hereby convey the said decision of the National Assembly to the Senate”.

Hon. Senators pursuant to the provisions of Article 110 (4) of the Constitution and the Senate Standing Orders No.41 (6) (c) and 159. I hereby direct that the schedule of the National Assembly amendments be duly circulated to all Senators.

I further direct that the Standing Committee on Agriculture, Livestock and Fisheries considers the said amendments and reports as soon as practically possible. I thank you.

Next Order!

The Chairperson of the Standing Committee on Education is not in the Chamber. The petition is therefore deferred.

Next Order!

Sen. Farhiya, please proceed on behalf of the Senate Majority Leader.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today Wednesday, 4th May, 2022.

The Annual Report of the Office of the Registrar of Political Parties for the financial year 2020/2021.

Next Order!

The Chairperson for the Standing Committee on Agriculture, Livestock and Fisheries is not in the House. The Statement is deferred. Let us proceed to the next Statement.

The next one is the Chairperson for the Standing Committee on Devolution and Intergovernmental Relations. Sen. Ngugi, proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 51 (1) (b) to make a Statement on the activities on the Standing Committee on Devolution and Intergovernmental Relations for the period commencing 1st January, 2022 to 25th April,

Order Senators! I defer all the Orders from Order No 8 to Order No. 22 and go to Order No. 23.

Second Reading

Second Reading

Next Order.

Mr. Speaker Sir, I beg to move – THAT the SACCO Societies (Amendment) Bill (National Assembly Bills No. 55 of 2021) be now read a second time.

The Bill was published on 26th November, 2021, passed by the National Assembly and referred to the Senate on the 17th of February 2022. The principal object of the Bill is to amend the SACCO Society Act No. 14 of 2008 by providing the usage of Information Communication Technology (ICT) in collecting and receiving statutory reports.

This is aimed at reducing the regulatory reporting burden on the Savings and Credit Co-operative Societies (SACCOs) and ensuring a faster, efficient and accurate reporting monitoring and analysis of SACCOs financial status at any time. This will be the corner stone of risk-based supervision.

The Bill also seeks to realign the definition and roles of the Minister to the Cabinet Secretary and also the responsibility and the Office of the Controller of Budget as reflected in the Act to be line with the Constitution.

Mr. Speaker Sir, as Honorable Senators are aware, SACCO societies are quite useful as they provide access to sustainable financial services. They also provide low- income families with safe place to save their income at their area or village at reasonably priced loans. The success and competitiveness of every SACCO society is determined by its responsiveness to its evolving environment.

Innovativeness is regarded as one of the significant drivers to SACCO economic growth and success with ability to innovate being considered one of the main competitive advantages for the firms. For this reason, there is need for SACCOs to grasp and master the concepts of innovativeness and innovation in their environment.

SACCOs need to value the impact of ICT and use on innovation capability of their firms. The use of ICT will significantly increase the capability of the SACCO to be innovative and achieve higher operational and financial performance. This underscores the importance of this Bill.

The Bill has a total of nine clauses as follows: Clause one of the Bill is a short title; Clause two of the Bill amends the Act to align the definition of the term Minister to now Cabinet Secretary. Clause three of the Bill amends Section Four of the Act to provide that the person shall not be qualified for appointment as a member of the Board of the SACCO Societies Regulatory Authority, if the person is a Member of Parliament (MP) or Member of County Assembly (MCA), or is one who does not meet the requirements of Chapter Six of the Constitution of Kenya

Mr. Speaker, Sir, I second.

Hon. Senators, I will now propose the question.

Sen. Mutula Kilonzo Jnr., do you want to contribute? Seemingly, there is no interest to contribute. I now call upon the Mover to reply.

Mr. Speaker, Sir, so that we move to other Orders, I would like to commend Sen. Pareno who seconded me. I also thank Members who have appreciated this Bill and agreed to pass it.

This is an important Bill. It is the interest of everyone that SACCO societies in their counties flourish and do not lose money or are mismanaged. That is the main aim of this Bill, that they embrace ICT for purposes of profitability.

Mr. Speaker, Sir, since many members of the society are involved in SACCOs, it is important as a House that we emphasize that they are well managed so that they become profitable. Every year, they should report properly on their statutory documents, so that they do not have penalties as it has been recommended here.

Mr. Speaker, Sir, with those few remarks, I beg to reply and request that the putting of the question be deferred to another day, pursuant to Standing Order No.61 (3) .

I thank you.

That is okay.

I know we had already passed Statements but using my discretion, let me ask the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries to make his Statement on the activities of the committee.

Mr. Speaker, Sir, on behalf of the Senate Standing Committee on Agriculture, Livestock and Fisheries, I want to most sincerely thank you for indulging me on this matter.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.51 (1) (b) , to make a Statement on the activities of the Standing Committee on Agriculture, Livestock and Fisheries for the period commencing 1st January to 31st March, 2022.

During the period under review, the committee held a total of 10 sittings. The committee considered three Bills, two Petitions and two Statements. The committee also held a report writing retreat and public participation fora.

Mr. Speaker, Sir, in respect to Bills, the Committee considered the Irrigation Amendment Bill (National Assembly Bills No.12 of 2021) ; the Cotton Industry Development Bill (Senate Bills No.55 of 2021) ; and, The Sugar Bill (National Assembly Bills No.68 of 2019) .

The Irrigation Amendment Bill (National Assembly Bills No.12 of 2021) seeks to amend the Irrigation Act No.14 of 2019 to expand the administration and management of irrigation matters in Kenya.In relation to this Bill, the Committee carried out a public participation and held a report writing retreat between 10th and 13th March this year where it concluded its report. I am happy to report that the Bill is currently awaiting the Committee of the Whole Stage.

In regard to the Cotton Industry Development Bill (Senate Bills No.55 of 2021), a Bill which seeks to provide for the regulation, development and promotion of the cotton industry, the Committee carried out public participation. We then held a report writing retreat between the 10th and 13th March this year and concluded our report. Just as the case with the Irrigation Amendment Bill, the Cotton Industry Development Bill is currently awaiting the Committee of the Whole Stage.

The Sugar Bill (National Assembly Bills No.68 of 2019), the Committee carried out public participating during the period under review. However, owing to the immense interest in the Bill, the Committee extended the public participation period to 5th April, 2022 and the Committee is currently winding up consideration of the Bill and shall be tabling its report within a week’s time.

Mr. Speaker, Sir, regarding statements, pursuant to Standing Order No.47(1) and

Thank you.

Hon. Senators, for the convenience of the House, I want to rearrange the Order Paper so that we go to Order No.25, Committee of the Whole.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 8— 8A. Section 14 of the principal Act is amended—

Madam Temporary Chairperson, I beg to move- THAT Clause 2 of the Bill be amended by inserting the following new definition immediately after the definition of the term “commercial irrigation farmer” —

“county executive committee member” means the county executive committee member responsible for matters relating to irrigation.

Division will be at the end. The Title and Clause 1

The Temporary Chairperson

(Sen. Pareno)

: Division will be at the end. Hon. Senators, we definitely do not have the numbers to do the Divisions. So, we will proceed to report progress

The Temporary Chairperson (Sen. Pareno) : Proceed, Senate Majority Leader.

Madam Temporary Chairperson, I beg to move that the Committee do report to the House its consideration of the Irrigation (Amendment) Bill National Assembly Bill---

The Temporary Chairperson (Sen. Pareno) : Senate Majority Leader, kindly approach the Table.

Division will be at the end. Hon. Senators, we definitely do not have the numbers to do the Divisions. So, we will proceed to report progress The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move that the Committee do report to the House its consideration of the Irrigation (Amendment) Bill National Assembly Bill--- The Temporary Chairperson (

Senate Majority Leader, kindly approach the Table. (Sen. Poghisio consulted with the Clerk-at-the-Table)

I beg your pardon, Madam Temporary Chairperson.

Pursuant to Standing Order No. 148, I beg to move that the Committee of the Whole do report progress on its consideration of the Irrigation (Amendment Bill) (National Assembly Bills No. 12 of 2021 and seek leave to sit again tomorrow.

Proceed, Sen. Wambua.

Mover, Senate Majority Leader.

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

Hon. Senators, there being no other business in the Order Paper, the Senate stands adjourned until Tomorrow, Thursday, 5th May, 2022 at 2:30 p.m.

The Senate rose at 3.15p.m.