Thursday, December 04, 2025 At 2.30 P.m. - Supplementary

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Thirteenth Parliament

Fourth Session (No. SUPP. 127) (2885)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FOURTH SESSION)

THE SENATE

SUPPLEMENTARY ORDER PAPER

THURSDAY, DECEMBER 04, 2025 AT 2.30 PM

PRAYER

1. Administration of Oath
2. Communication from the Chair
3. Messages (as listed in the Appendix)
4. Petitions
5. Papers (as listed in the Appendix)
6. Notices of Motion (as listed in the Appendix)
7. Questions and Statements (as listed in the Appendix)
8. *THE ASSISTED REPRODUCTIVE TECHNOLOGY BILL (NATIONAL

ASSEMBLY BILLS NO. 61 OF 2022)

(Sen. Catherine Mumma, MP -Co-Sponsor)

(First Reading)

MOTION - PROGRESS REPORT OF THE STANDING COMMITTEE ON

NATIONAL

COHESION,

EQUAL

OPPORTUNITY

AND

REGIONAL

INTEGRATION ON AN INQUIRY INTO THE DIVERSITY AND INCLUSIVITY

IN THE STAFF COMPOSITION OF STATE AGENCIES IN KENYA

(The Chairperson, Standing Committee on National Cohesion, Equal Opportunity and Regional Integration)

THAT, the Senate adopts Progress Report of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration on an inquiry into the diversity and inclusivity in the staff composition of state agencies in Kenya, laid on the Table of the Senate on Thursday, 3rd October, 2024.

(Resumption of debate interrupted on Tuesday, 2nd December, 2025) (Question to be put)

…………./Bills

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10. MOTION - CONSIDERATION OF THE REPORT OF THE MEDIATION

COMMITTEE ON THE COFFEE BILL (SENATE BILLS NO. 10 OF 2023)

(The Chairperson, Mediation Committee)

THAT, the Senate adopts the Report of the Mediation Committee on the Coffee Bill (Senate Bills No. 10 of 2023), laid on the table of the Senate on Thursday, 4th December, 2025, and that pursuant to Article 113(2) of the Constitution and Standing Order 167(3) of the Senate, approves the mediated version of the Bill.

11. MOTION - REPORT OF THE STANDING COMMITTEE ON HEALTH ON THE

COUNTY

OVERSIGHT

AND

NETWORKING

ENGAGEMENTS

TO

MANDERA, WAJIR AND MARSABIT COUNTIES

(The Chairperson, Standing Committee on Health)

THAT, the Senate adopts the Report of the Standing Committee on Health regarding the County Oversight and Networking engagements to Mandera, Wajir and Marsabit Counties, laid on the Table of the Senate on Thursday, 2nd October, 2025.

12. MOTION - REPORT OF THE STANDING COMMITTEE ON LABOUR AND

SOCIAL WELFARE ON A PETITION TO THE SENATE BY EMPLOYEES OF

THE FORMER KENYA COOPERATIVE CREAMERIES LIMITED (KCC)

CONCERNING NON-PAYMENT OF OUTSTANDING TERMINAL BENEFITS

AND MAZIWA SACCO DUES TO FORMER EMPLOYEES OF KENYA

COOPERATIVES CREAMERIES LTD.

(The Chairperson, Standing Committee on Labour and Social Welfare)

THAT, the Senate adopts the Report of the Standing Committee on Labour and Social Welfare on a petition to the Senate by employees of the former Kenya Cooperative Creameries Limited (KCC) concerning non-payment of outstanding terminal benefits and Maziwa Sacco dues to former employees of Kenya Cooperatives Creameries Ltd, laid on the Table of the Senate on Thursday, 27th November, 2025.

13. MOTION - REPORT OF THE STANDING COMMITTEE ON LABOUR AND

SOCIAL WELFARE ON A PETITION TO THE SENATE BY MR. TITUS

NJOROGE CONCERNING HIS DISMISSAL BY THE AFRICAN INLAND

CHURCH (AIC) OF KENYA AND NON-PAYMENT OF ARREARS OWED TO

HIM

(The Chairperson, Standing Committee on Labour and Social Welfare)

THAT, the Senate adopts the Report of the Standing Committee on Labour and Social Welfare on a petition to the Senate by Mr. Titus Njoroge concerning his dismissal by the African Inland Church (AIC) of Kenya and non-payment of arrears owed to him, laid on the Table of the Senate on Thursday, 27th November, 2025.

14. COMMITTEE OF THE WHOLE

CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE

METEOROLOGY BILL (SENATE BILLS NO. 45 OF 2023)

(The Chairperson, Standing Committee on Land, Environment and Natural Resources)

…………./Bills

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2887)

15. COMMITTEE OF THE WHOLE

**THE CANCER PREVENTION AND CONTROL (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 45 OF 2022)

(The Chairperson, Standing Committee on Health)

(Consideration of His Excellency the President’s recommendations)

16. COMMITTEE OF THE WHOLE

*THE LABOUR MIGRATION AND MANAGEMENT (NO. 2) BILL (SENATE

BILLS NO. 42 OF 2024)

(Sen. Tabitha Mutinda, MP)

17. COMMITTEE OF THE WHOLE

*THE TOBACCO CONTROL (AMENDMENT) BILL (SENATE BILLS NO. 35

OF 2024)

(Sen. Catherine Mumma, MP)

18. COMMITTEE OF THE WHOLE

*THE COUNTY GOVERNMENTS ELECTION LAWS (AMENDMENT) BILL

(SENATE BILLS NO. 2 OF 2024)

(Sen. Crystal Asige, MP)

19. COMMITTEE OF THE WHOLE

*THE NUTS AND OIL CROPS DEVELOPMENT BILL (SENATE BILLS NO. 47

OF 2023)

(Sen. Hamida Kibwana, MP)

20. COMMITTEE OF THE WHOLE

*THE COUNTY LIBRARY SERVICES BILL (SENATE BILLS NO. 40 OF

2024) (Sen. Joyce Korir, MP)

(Resumption of debate interrupted on Tuesday, 30th September, 2025) (Division)

21. *THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

(Second Reading)

22. *THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT)

BILL (SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

(Second Reading)

23. ***THE

KENYA

NATIONAL

COUNCIL

FOR

POPULATION

AND

DEVELOPMENT BILL (NATIONAL ASSEMBLY BILLS NO. 72 OF 2023)

(The Senate Majority Leader)

(Second Reading)

…………./Bills

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24. *THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)

(AMENDMENT) BILL (SENATE BILLS NO. 1 OF 2024)

(Sen. Kathuri Murungi, MP)

(Second Reading)

25. ***THE CULTURE BILL (NATIONAL ASSEMBLY BILLS NO. 12 OF 2024)

(The Senate Majority Leader)

(Second Reading)

26. *THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE

BILLS NO. 20 OF 2024)

(Sen. Karungo Thangwa, MP and Sen. Godfrey Osotsi, MP)

(Second Reading)

27. *THE LIVESTOCK PROTECTION AND SUSTAINABILITY BILL (SENATE

BILLS NO. 32 OF 2024)

(Sen. (Dr.) Lelegwe Ltumbesi, MP)

(Second Reading)

28. MOTION – ADJOURNMENT OF THE SENATE

(The Senate Majority Leader)

THAT, pursuant to Standing Order 31 (3), the Senate do adjourn until Tuesday, 10th February, 2026.

--------------

………../Notice

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2889)

NOTICE

The Senate resolved on 14th February, 2024 as follows: -

THAT, notwithstanding the provisions of Standing Order 111(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.

----------------------------------------

KEY

****- Denotes a Majority /Minority Party Bill

***- Denotes a National Assembly Bill

**- Denotes a Committee Bill

*- Denotes any other Bill

-----------XXX----------

…………./Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2890)

NOTICE OF AMENDMENTS

A. ** THE METEOROLOGY BILL (SENATE BILLS NO. 45 OF 2023)

(The Chairperson, Standing Committee on Land, Environment and Natural Resources)

NATIONAL ASSEMBLY AMENDMENTS

CLAUSE 1

THAT, clause 1 of the Bill be amended by deleting the words “and shall come into operation on such date as the Cabinet Secretary may, by notice in the Gazette, appoint”.

CLAUSE 7

THAT, clause 7 of the Bill be amended in sub-clause (2) by—

(a) inserting the words “Civil Aviation Act and the relevant regulations” immediately after of the word “Aviation” appearing in paragraph (d); (b) inserting the following new paragraph immediately after paragraph (f)— (fa) integrate traditional indigenous knowledge with modern science in weather forecasting through participatory scenario planning; and (c) inserting the following new paragraph immediately after paragraph (l)— (la) collaborate with the National Drought Management Authority in the development of drought early warning systems;

CLAUSE 12

THAT, clause 12 of the Bill be amended —

(a) in sub-clause (1) by deleting the words “board of directors to be known as the Kenya Meteorological Service Authority Board” and substituting therefor the word “Board”; (b) in sub-clause (2)— (i) by deleting the words “in the ministry” appearing in paragraph (b) and substituting therefor the words “for the time being”; (ii) by deleting the words “in the ministry” appearing in paragraph (c) and substituting therefor the words “for the time being”; (iii) by deleting the words “in the ministry” appearing in paragraph (d) and substituting therefor the words “for the time being”; (iv) by inserting the following new paragraph immediately after paragraph (d)— “(da) the Principal Secretary for the time being responsible for agriculture or his or her representative”; (v) by deleting the words “his representative” appearing in paragraph (e) and substituting therefor the words “a representative”; and (vi) in paragraph (g) by inserting the following new sub-paragraph immediately after sub-paragraph (v)— (vi) drought risk management.

…………./Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2891)

CLAUSE 19

THAT, clause 19 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (2)—

(3) The Board may, where it deems appropriate, co-opt or invite any person who has knowledge and experience in traditional indigenous knowledge on weather forecasting, to act as an advisor or consultant at any of its meetings.

CLAUSE 38

THAT, clause 38 of the Bill be amended by inserting the following new sub-clauses immediately after sub-clause (3)—

(4) An owner of land may consent in writing to the development of a meteorological observation station, upon agreement being reached with the Authority as to the amount of compensation payable, if any, and any consent so given shall be binding on all parties having an interest in the land. (5) If any difficulty or question arises as to the amount, entitlement to compensation or person entitled to compensation payable under this Act, the determination shall be made in accordance with the provisions of the relevant written law.

NEW CLAUSE 43A

THAT, the Bill be amended by inserting the following new clause immediately after clause 43—

Consequential amendment to Cap.475.

43A. Section 3 of the Air Passenger Service Charge Act is amended in subsection (3) by inserting the words “the Kenya Meteorological Services Authority” immediately after the words “the Kenya Civil Aviation Authority”.

CLAUSE 53

THAT, clause 53 of the Bill be amended—

(a) in sub-clause (3) by inserting the words “and non-technical” immediately after the word “technical”; (b) in sub-clause (5) by inserting the words “and non-technical” immediately after the word “technical”; and (c) by deleting sub-clause (6) and substituting therefor the following new sub- clause— (6) Despite subsection (3), a technical or non-technical member of staff shall upon the commencement of this Act, be given an option to elect to serve in the Authority or be redeployed in the civil service within a period of one year.

…………./Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2892)

B. **THE CANCER PREVENTION AND CONTROL (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILLS NO. 45 OF 2022)

(The Chairperson, Standing Committee on Health)

(Consideration of His Excellency the President’s recommendations)

His Excellency the President’s recommendations

CLAUSE 2

THAT, Clause 2 of the Bill be deleted.

CLAUSE 3

THAT, Clause 3 of the Bill be deleted.

CLAUSE 4

THAT, Clause 4 of the Bill be deleted.

…………./Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2893)

C. *THE LABOUR MIGRATION AND MANAGEMENT (NO.2) BILL (SENATE

BILLS NO. 42 OF 2024)

(Sen. Tabitha Mutinda, MP)

NOTICE is given that the Chairperson, Standing Committee on Labour and Social Welfare, intends to move the following amendments to the Labour Migration and Management (No. 2) Bill (Senate Bills No. 42 of 2024), at the Committee Stage—

CLAUSE 18

THAT clause 18 of the Bill be amended in subclause (1) by—

(a) deleting (d) and substituting therefor the following new paragraph —

(d) market viability;

(b) deleting paragraph (e).

CLAUSE 19

THAT clause 19 of the Bill be amended in subclause (2) by—

(a) deleting the word “and” appearing immediately after the words “certificate of registration in paragraph (a);”

(b) inserting the following new paragraph immediately after paragraph (a)— (aa) in the name of the private employment agency and shall not be transferable to any other person or entity.

CLAUSE 20

THAT clause 20 of the Bill be amended by inserting the following new subclause immediately after subclause (3)—

(4) A person who provides false or misleading information in relation to the matters specified in subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both.

CLAUSE 26

THAT clause 26 of the Bill be amended by deleting the word “may” appearing immediately after the words “The Authority” and substituting therefor the word “shall”.

CLAUSE 43

THAT clause 43 of the Bill be amended in subclause (1) by deleting the word “may” appearing immediately after the words “national government” and substituting therefor the word “shall”.

…………../Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2894)

CLAUSE 49

THAT clause 49 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (o) —

(oa) reintegration services and programs including recognition of skills and qualifications acquired abroad.

…………./Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2895)

D. *THE TOBACCO CONTROL (AMENDMENT) BILL (SENATE BILLS NO. 35 OF

2024) (Sen. Catherine Mumma, MP)

A. NOTICE is given that the Chairperson, Standing Committee on Health, intends to move the following amendments to the Tobacco Control (Amendment) Bill (Senate Bills No. 35 of 2024), at the Committee Stage –

CLAUSE 4

THAT the Bill be amended by deleting clause 4 and substituting therefor the following –

Amendment to section 7 of Cap 245A

4. Section 7 of the principal Act is amended –

a) in subsection (2) by deleting the word “cigarette” appearing immediately after the words “by any licensed” in paragraph (f) and inserting the words “tobacco product”; and

b) in subsection (4) by inserting the following new paragraph immediately after paragraph (a) –

(aa) treatment of chronic illnesses caused by the use of tobacco products.

CLAUSE 6

THAT the Bill be amended by deleting clause 6 and substituting therefor the following –

Amendment of section 12 of Cap 245A

6. Section 12 of the Principal Act be amended by inserting the

following new paragraph immediately after paragraph (b) –

(bb) undertake periodical review and adjustment of tax rates to ensure they reflect current public health objectives and inflation.

CLAUSE 7

THAT clause 7 of the Bill be amended—

(a) in the proposed section 14A by deleting the words “a disposable” appearing immediately after the words “ten milliliters, in” in paragraph (a) and substituting therefor the word “an”.

(b) in the proposed section 14E by –

(i) deleting the proposed subsection (2) and substituting therefor the following –

(2) The Cabinet Secretary shall cause the samples submitted to be tested by the Kenya Bureau of Standards —

……………/Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2896)

(a) for conformity with the requirements under the Act; and (b) to confirm the accuracy of the information submitted in the request for approval.

(ii) deleting the proposed subsection (3).

NEW CLAUSES

CLAUSE 2A

THAT the Bill be amended by inserting the following new clause immediately after clause 2 –

Amendment of section 4 of Cap 245A 2A. Section 4 of the principal Act is amended by inserting the following new paragraph immediately after paragraph (e) —

(f) prohibit the manufacture, sale, distribution, or importation of a tobacco product that does not comply with the provisions of this Act.

CLAUSE 5A

THAT the Bill be amended by inserting the following new clause immediately after clause 5 –

Amendment of section 9 of Cap 245A 5A. Section 9 of the principal Act is amended in subsection (5) by deleting the words “local authority” appearing immediately before the words “in collaboration” and substituting therefor the words “county government”.

CLAUSE 16A

THAT the Bill be amended by inserting the following new clause immediately after clause 16 –

Amendment of section 36 of Cap 245A 16A. Section 36 of the principal Act is amended— (a) in subsection (1) by deleting the words “Director of Medical Services” appearing immediately after the word “the” and substituting therefor the words “Director-General for health”. (b) in subsection (2) by deleting the words “Director of Medical Services” appearing immediately after the word “the” and substituting therefor the words “Director-General for health”.

CLAUSE 2

THAT clause 2 of the Bill be amended –

…………../Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2897)

(a) in paragraph (c) by deleting the definition of the word “nicotine pouch” and substituting therefor the following –

“nicotine pouch” means a prefilled packet containing powdered nicotine intended for oral use.

B. NOTICE is given that (Sen. Catherine Mumma, MP), intends to move the following amendments to the Tobacco Control (Amendment) Bill, 2024 (Senate Bills No. 35 of 2024), at the Committee Stage –

CLAUSE 3

THAT the Bill is amended by deleting clause 3 and substituting therefor the following new clause –

Amendment of section 5 of Cap 245A

3. The Principal Act is amended by deleting section 5 and

substituting therefor the following new section –

Establishment of the Tobacco Control Advisory Committee

5. There is established the Tobacco Control

Advisory Committee.

Membership of the Committee

5A. (1) The Committee shall comprise of –

(a) a chairperson appointed by the Cabinet Secretary; (b) the Principal Secretary responsible for matters relating to public health or a designated representative; (c) the Principal Secretary for the National Treasury or a designated representative; (d) the Director-General for health or a designated representative; (e) the chairperson of the Council of County Governors health committee or a designated representative; (f) one person with special expertise on matters relating to tobacco, nominated by the Council of County Governors; (g) one person representing the Kenya business community, nominated by the Kenya National Chamber of Commerce and Industry; (h) one person nominated by the Kenya Medical Association; (i) one person representing non- governmental organizations involved in matters relating to tobacco control; and (j) the chief executive officer of Kenya National Youth Council or a designated representative.

…………../Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2898)

(2) The members of the Committee, other than ex-officio members, shall be appointed by the Cabinet Secretary, by notice in the Gazette.

Disqualification from the position of a member of the Committee. 5B. (1) A person shall not be appointed as a member of the Committee if that person— (a) is an employee, agent, or representative of a person, company, or association engaged in the manufacture, sale, or distribution of tobacco or tobacco products; or (b) has any direct or indirect pecuniary interest in the tobacco industry; or (c) has contravened the Conflict-of-Interest Act.

(2) A member who fails to disclose his or her affiliation to the tobacco industry or its subsidiary commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or imprisonment for a period not exceeding five years or both.

Qualifications of a chairperson of the Committee 5C. A person is qualified for appointment as the Chairperson of the Committee, if the person has at least ten years of experience in public health, five of which shall be at a senior management level.

The office tenure of the chairperson and members of the committee

5D. (1) The Chairperson shall hold office for a term of three years and shall be eligible for re- appointment for one further term of five years.

(2) The members of the committee appearing in subsection (1)(f) to (i), shall hold office for a term of three years and are eligible for re- appointment for one further term of three years.

Powers of the committee to invite a person to the committee 5E. The Committee may invite any person, who is not affiliated to the tobacco industry, to attend a meeting of the Committee for the purpose of assisting or advising the committee on any particular matter, but such person shall have no right to vote at the meeting.

Powers of the committee regulate its own procedures. 5F. (1) Subject to this Act and to any general or special directions in writing by the Cabinet Secretary, the committee shall regulate its own procedures.

…………../Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2899)

(2) Subject to subsection (1), the Committee may amend its own procedures for the better carrying out of its functions

Committee expenses 5G. The expenses of the Committee shall be defrayed out of monies appropriated by the National Assembly for that purpose.

Remuneration of the Committee members 5H. The Chairperson and members of the Committee shall be paid by the Cabinet Secretary responsible for matters relating to Health, such allowances as shall be advised by the Salaries and Remuneration Commission.

Secretariat 5I. The secretariat of the Committee shall be provided by the unit responsible for tobacco control at the Ministry responsible for Health.

CLAUSE 4

THAT clause 4 of the Bill is amended by deleting paragraph (a) (ii) and substituting therefor the following new paragraph –

(ii) deleting paragraph (f) and substituting therefor the following new paragraph –

(f) a solatium compensatory contribution payable by any licensed tobacco product manufacturers or importers in the country as may be determined by the Committee.

CLAUSE 6

THAT the Bill is amended by deleting clause 6 and substituting therefor the following new clause –

Amendment of section 12 of Cap 245A.

6. The Principal Act is amended by deleting section 12 and

substituting therefor the following new section –

Tax and Price Policies

12. The Cabinet Secretary for the time being in charge

of finance shall —

(a) implement tax measures on unprocessed tobacco and tobacco products to contribute to the objectives of this Act;

(b) conduct periodic review and adjustment of tax rates to ensure they reflect current public health objectives and inflation

…………../Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2900)

(d) prohibit sale of or importation of tax-free tobacco and tobacco products;

(e) allocate a portion of tobacco and tobacco products tax revenues for the prevention and control of non-communicable diseases;

(f) implement measures to prevent illicit trade in tobacco and tobacco products; and

(g) exclude manufacture, repackaging, processing or importation of tobacco and tobacco products from duty-free zones.

CLAUSE 7

THAT clause 7 of the Bill is amended –

(a) in the proposed section 14A –

(i) by renumbering the existing section as sub-section 14A (1); (ii) paragraph (b) by deleting the words “ten milligramsper” appearing immediately after the words “nicotine exceeding” and substituting therefor the words “twenty milligrams per”; and (iii) inserting the following new sub section immediately after the proposed subsection 14A (1) —

(2) A person who contravenes sub-section (1) commits an offence and is liable on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both.

(b) in the proposed section 14B —

(i) by renumbering the existing section as sub-section 14B (1); (ii) paragraph (c) by deleting the words “10 milligrams” appearing immediately after the words “does not exceed” and substituting therefor the words “twenty milligrams”; (iii) by deleting paragraph (d); (iv) by inserting the following provision immediately after the proposed subsection 14B (1) —

(2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or both.

(g) such other information as may be prescribed by the Cabinet Secretary.

(d) in the proposed section 14J by deleting the introductory phrase and substituting therefor the following – …………../Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2901)

A person shall not manufacture, sell, distribute, or import a tobacco product that contains —

CLAUSE 8

THAT the Bill is amended by deleting clause 8 and substituting therefor the following new clauses —

Amendment of section 15 of Cap 245A

8. Section 15 of the principal Act is amended by deleting subsection

(5) and substituting therefor the following new subsections — (5) No person shall manufacture or sell — (a) objects including sweets, snacks, toys, cartoon characters, popular youth motifs, or other similar objects that would reasonably appeal to persons under the age of eighteen years in designs that resemble tobacco products; or (b) any tobacco product in designs that imitate sweets, snacks, toys, cartoon characters, popular youth motifs, or other similar objects that would reasonably appeal to persons under the age of eighteen years. (5A) A person shall not sell a tobacco product within a radius of one hundred meters from any place primarily serving persons under the age of eighteen years.

CLAUSE 10

THAT clause 10 of the Bill is amended in the proposed section 19A (1) by deleting the word “online” appearing immediately after the words “nicotine delivery systems” and substituting therefor the words “through an online platform or any form of e- commerce.”

CLAUSE 11

THAT clause 11 of the Bill is amended by deleting the proposed section 20B.

CLAUSE 12

THAT the Bill is amended by deleting clause 12 and substituting therefor the following new clause – Amendment of section 21 of Cap 245A

12. Section 21 of the Principal Act is amended by –

(a) deleting subsection (2) and substituting therefor the following new subsections – (2) Every package containing a tobacco product shall — (a) bear a health warning in English and Kiswahili covering seventy-five percent of the principal display areas on the front and back of the package; (b) have the warning printed in black text on a white background in a manner that contrasts with any other material on the package; and (c) bear a statement of the harmful constituents of the tobacco product in a conspicuous and prominent format on the right-hand side of the package. (2A) A person shall not — …………../Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2902)

(a) dispense with or modify the requirements specified in subsection (2); or (b) manufacture, sell, distribute, or import a tobacco product unless it complies with plain packaging requirements prescribed by the Cabinet Secretary. (2B) The Cabinet Secretary shall not dispense with or modify any requirement under subsection (2) in favour of any tobacco product or a person dealing with tobacco products. (b) deleting the words “specified in the schedule” appearing immediately after the words “warning labels” and substituting therefor the words “prescribed by the Cabinet Secretary under section 53 through regulations” in subsection (3); (c) deleting the words “five hundred thousand shillings” appearing immediately after the words “fine not exceeding” and substituting therefor with the words “one million shillings” in subsection (6).

CLAUSE 14

THAT clause 14 of the Bill is amended by deleting the words “whether online or offline” appearing immediately after the words “related components”.

CLAUSE 15

THAT the Bill is amended by deleting clause 15 and substituting therefor the following new clauses –

Amendment of section 33 of Cap 245A

15. Section 33 of the Principal Act is amended by –

(a) deleting subsection (2) and substituting therefor the following new subsection (2) –

(2) Without prejudice to the generality of subsection (1) —

(a) smoking is permanently prohibited in the following areas —

(i) institutions of basic education and training; (ii) places of worship; (iii) hospitals, clinics and other health institutions; (iv) children’s homes, child care facilities, children playgrounds; (v) residential houses and such other premises where children are cared for; (vi) public service vehicles, passenger vehicles, school buses and vans, commercial passenger aircrafts, commuter boats, ferries; and (vii) police cells; and

(b) smoking is prohibited in the following areas except in designated smoking areas—

…………../Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2903)

(i) offices and workplaces, including corridors, lounges, eating areas, reception areas, lifts, escalators, foyers, stairwells, toilets, laundries, amenity areas of such places; (ii) court buildings; (iii) factories; (iv) cinema halls, theatres, video houses, such other halls or places of performance, disco halls or any other entertainment facilities at any time during which it is open to the public; (v) restaurants, hotels, bars or other eating place; (vi) prisons; (vii) police stations; (viii) aircrafts, passenger ships, or any other public conveyance; (ix) education facilities other than institutions of basic education and training; (x) railway stations, airports, air fields, ports, and other public transport terminals; (xi) markets, shopping malls and retail and wholesale establishments; (xii) stadia, sports and recreational facilities; and (xiii) public buildings.

(b) deleting the word “Board” appearing immediately after the words “conditions as the” and substituting therefor the word “Committee” in subsection (4).

CLAUSE 17

THAT clause 17 of the Bill is amended – (a) by deleting paragraph (a) and substituting therefor the following new paragraph – (a) by deleting the introductory phrase and substituting therefor the following new paragraph – (1) The Cabinet Secretary may, on recommendation of the Committee, and in consultation with the County Governments, make regulations. (b) in paragraph (b) by inserting a new paragraph (g) immediately after paragraph (f) in the proposed subsection (1A) as follows – (g) prescribe health messages to be displayed on every package containing a tobacco product.

NEW CLAUSES

NEW CLAUSE 1A

THAT the Bill is amended by inserting the following new clause immediately after clause 1 –

Amendment of the long title of Cap 245A 1A. The Long Title of the Principal Act is amended by deleting the words “Tobacco Control Board” appearing immediately after the words “provide for the” and substituting therefor the words “Tobacco Control Advisory Committee” …………../Notice of Amendments

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NEW CLAUSE 2A

THAT the Bill is amended by inserting the following new clause immediately after clause 2 —

Amendment of section 4 of Cap 245A 2A. Section 4 of the Principal Act is amended –

(a) by deleting the word “Board” appearing immediately after the words “recommendation of the” and substituting therefor the word “committee” in the introductory phrase; and

(b) by deleting the word “Board” appearing immediately after the words “provide to the” and substituting therefor the word “committee” in paragraph (d).

NEW CLAUSE 3A

THAT the Bill is amended by inserting the following new clause immediately after clause 3 —

Amendment of section 6 of Cap 245A 3A. The Principal Act is amended in section 6 by –

(a) deleting the word “Board” appearing immediately after the words “Functions of the” and substituting therefor the word “Committee” in the section heading; and

(b) deleting the word “Board” appearing immediately after the words “functions of the” and substituting therefor the word “Committee” in the introductory phrase.

NEW CLAUSE 6A

THAT the Bill is amended by inserting the following new clause immediately after clause 6 — Amendment of section 14 of Cap 245A 6A. Section 14 of the Principal Act be amended in sub-section (2) by inserting the word “product” immediately after the word “tobacco”.

NEW CLAUSE 8A

THAT the Bill is amended by inserting the following new clause immediately after clause 8 –

Amendment of section 16 of Cap 245A 8A. Section 16 of the Principal Act is amended in – (a) subsection (2) by — (i) deleting the expression “12” by “8” appearing in paragraph (a) and substituting therefor the expression “20” by “12”; (ii) deleting the words “black on a white background or white on a black background” appearing in paragraph (b) and substituting therefor the words “red on a white background”; …………../Notice of Amendments

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(b) subsection (3) by deleting the words “fifty thousand shillings, or to imprisonment for a term not exceeding six months” and substituting therefor the words “five hundred thousand shillings, or to imprisonment for a term not exceeding one year.”

NEW CLAUSE 12A

THAT the Bill is amended by inserting the following new clauses immediately after clause 12 –

Amendment of section 21 of Cap 245A 12A. The Principal Act is amended by inserting the following new sections immediately after section 21 – Registration of dealers 21A. (1) A person shall not undertake an activity relating to the manufacture, importation, sale, or distribution of a tobacco product unless the person is registered by the Ministry responsible for health (2) The Cabinet Secretary may prescribe the conditions and the manner for the registration under this section. (3) Any registration fee levied under this section shall be payable into the Fund. (4) A person who contravenes this section commits an offence and is liable on conviction, to a fine not exceeding three million shillings, or to imprisonment for a term not exceeding three years, or to both. Prohibition of single use plastics 21B. (1) A person shall not manufacture, sell, distribute, or import a tobacco product, its packaging, or a disposable electronic delivery system that uses single-use plastics. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction, to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding five years, or to both.

NEW CLAUSE 16A

THAT the Bill is amended by inserting the following new clauses immediately after clause 16 –

Amendment of section 35 of Cap 245A 16A. The Principal Act is amended in section 35 – (a) by deleting subsection (2) and substituting therefor the following new subsection – (2) A designated smoking area shall be — (a) a fully enclosed, separate room, isolated from non- smoking areas, with walls, a ceiling, and a self-closing door sealed to prevent air leakage; (b) equipped with an independent ventilation system that —

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(i) exhausts air directly to the outside without recirculation; (ii) maintains negative air pressure relative to adjacent areas; (iii) is certified by a qualified engineer to prevent smoke or aerosol drift to non-smoking areas; (iv) inaccessible to non-smokers for any purpose during smoking or use of an electronic delivery system; (v) cleaned and maintained only when no smoking or use of an electronic delivery system is occurring, with measures to protect workers from residual contaminants; (vi) clearly marked with signs in English and Kiswahili indicating it is a designated smoking area and warning of health risks, as prescribed by the Cabinet Secretary.

NEW CLAUSE 18

THAT the Bill is amended by inserting the following new clause immediately after clause 17 –

Repeal of the schedule of Cap 245A

18. The Principal Act is amended by deleting the schedule

CLAUSE 2

THAT the Bill is amended by deleting clause 2 and substituting thereof the following—

Amendment of section 2 of Cap 245A

2. The Tobacco Control Act, in this Act referred to as “the

principal Act”, is amended in section 2 by — (a) deleting the definition of the word “Board”; (b) deleting the definition of the word “cinema”; (c) deleting the definition of the word “ingredients” and substituting therefor the following new definition— “ingredients” means the substances added to tobacco products during the manufacturing process or arising from agricultural practices, including — (i) tobacco, nicotine and chemicals used in the creation of aerosol or vapour in electronic cigarettes and related products; (ii) components and materials used in the manufacture of those components; (iii) additives and processing aids; (iv) residual substances resulting from agricultural practices, storage and processing; and (v) substances that migrate from the packaging material into the product or are otherwise present in the product; …………../Notice of Amendments

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(d) deleting the definition of the word “information advertising” (e) deleting the definition of the word “manager” and substituting therefor the following new definition – “manager” means “manager” means the owner, occupier, lessee, or a person in-charge or in control of the specified institution, place or premises. (f) deleting the definition of the term “specially designated smoking area” (g) deleting the definition of the word “smoking” and substituting therefor the following new definition — “smoking” means inhaling or exhaling the smoke or vapor of any tobacco product or any other substance delivered through electronic means, and includes the holding of, or control over, any ignited or activated tobacco product, device containing an ignited or activated tobacco product, or electronic delivery System or other substances via vaporising; (h) deleting the definition of the term “tobacco product” and substituting therefor the following – “tobacco product” means any product whether composed in whole or in part of — (a) tobacco, including tobacco leaves and any extract of thereof; (b) nicotine from any source, including synthetic nicotine formulations; or (c) nicotine analogues; intended for use by smoking, inhalation, chewing, sniffing, vaping or sucking or to be consumed by any other means, and includes cigarette papers, tubes, filters, any electronic delivery systems, and the solutions or liquids intended for use in such devices; (i) inserting the following new definitions in their proper alphabetical sequence — “additive” means a substance, other than tobacco, that is added to a tobacco product, unit pack or container pack during manufacturing process or through agricultural practices; “Advertisement” means the promotion of a tobacco product by means of its brand characteristics. “characterising flavour” means a smell or taste other than one of tobacco which — (a) is clearly noticeable before, during or after consumption of the product; and (b) results from an additive or a combination of additives, including fruit, spice, herbs, alcohol, candy, menthol or related flavours; “Committee” means the Tobacco Control Advisory Committee established under section 5 of the Act “electronic cigarette” means a product that —

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(a) can be used for the consumption of nicotine- containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges); and (b) is not a medicinal substance or a medical device as defined in the Pharmacy and Poisons Act; “electronic nicotine delivery system” means an electronic device, and any associated accessories, components, or parts, that is designed, manufactured, or capable of being used to – (a) aerosolize, vaporize, or otherwise convert a substance into an inhalable form; and (b) deliver such aerosol, vapour, or other substance to a person through inhalation, whether or not the substance contains nicotine, and includes but is not limited to electronic cigarettes, electronic cigars, electronic cigarillos, electronic hookahs, vape pens, vape pods, and similar devices, regardless of their shape, size, or appearance; “institution of basic education and training” has the meaning assigned to it under the Basic Education Act (Cap 211); “nicotine pouch” means a prefilled packet containing powdered nicotine or nicotine analogues; “tobacco smoke” means— (a) smoke, fumes, gases, or particulate matter produced by the burning, heating, or combustion of tobacco or any tobacco product; and (b) aerosol, vapour, or emissions produced by the use of an electronic delivery system, and includes any combination thereof, whether visible or invisible, that is released into the air and capable of being inhaled by persons in the vicinity. “unit pack” means the smallest individual packaging in which a tobacco product or related product is, or is intended to be, presented for retail sale.

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E. *THE COUNTY GOVERNMENTS ELECTION LAWS (AMENDMENT) BILL

(SENATE BILLS NO. 2 OF 2024)

(Sen. Crystal Asige, MP)

NOTICE is given that the Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights, intends to move the following amendments to the County Governments Election Laws (Amendment) Bill, 2024 (Senate Bills No. 2 of 2024), at the Committee Stage —

CLAUSE 2

THAT clause 2 of the Bill be amended— (a) in paragraph (a) by deleting the words “a marginalized group” appearing immediately after the words “two candidates representing” in the proposed new paragraph (f)(ii) and substituting therefor the words “minority groups within the county”; and (b) in paragraph (c) by deleting the words “are persons with disability” appearing immediately after the words “a county assembly” in the proposed new subsection (8) and substituting therefor the words “or two members, whichever is greater, are persons with disability”.

CLAUSE 3

THAT clause 3 of the Bill be amended—

(a) in paragraph (a) by deleting the proposed new subsection (1) and substituting therefor the following— (1) In addition to the members who are elected under Article 177(a) of the Constitution, the members who are nominated under Article 177(b) of the Constitution, and the speaker, a county assembly shall comprise— (a) two nominated members, being one man and one woman, representing the youth; (b) two nominated members, being one man and one woman, representing minority groups within the county; and (c) five percent of the total number of members contemplated in Article 177(a) and 177(b) of the Constitution, and paragraphs (a) and (b) of this subsection or two members, whichever is greater, nominated to represent persons with disability. (b) in paragraph (b) by deleting the proposed new paragraph (aa) and substituting therefor the following new paragraphs —

(aa) there is representation of the various categories of disability including permanent physical, mental, intellectual, neurodivergent, developmental or sensory impairments;

(ab) due consideration is given to intersecting forms of discrimination shaped by gender, age, ethnicity, geographical location, social economic status and disability.

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(d) by deleting subsection (3) and substituting therefor the following new subsection—

(3) The number of members nominated under subsection (1)(c) shall—

(a) be reviewed to accord with the number of wards determined by the Independent Electoral and Boundaries Commission under section 26(3)(a); and (b) take into account members with disability elected under Article 177(1)(a) of the Constitution.

…………../Notice of Amendments

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F. *THE COUNTY LIBRARY SERVICES BILL (SENATE BILLS NO. 40 OF 2024)

(Sen. Joyce Korir, MP)

NOTICE is given that the Chairperson, Standing Committee on Labour and Social Welfare, intends to move the following amendments to the County Library Services Bill (Senate Bills No. 40 of 2024) at the Committee Stage—

CLAUSE 3

THAT clause 3 of the Bill be amended by deleting paragraph (d).

CLAUSE 4

THAT clause 4 of the Bill be amended by inserting the following new paragraph immediately after paragraph (e)—

(f) approve and integrate the county libraries annual work plan into the county integrated development plans.

CLAUSE 5

THAT the Bill be amended by deleting clause 5.

CLAUSE 6

THAT the Bill be amended by deleting clause 6 and substituting therefor the following new clause—

Establishment of a county directorate of library services.

6. A county government shall establish a county directorate of

library services within its county public service.

CLAUSE 7

THAT clause 7 of the Bill be amended by deleting— (a) the words “The Committee” appearing in the introductory phrase and substituting therefor the words “A county directorate of library services”;

(b) the words “school-going children” appearing at the end of paragraph (l) and substituting therefor the words “members of the public”;

(c) the words “disadvantaged persons within the society” appearing at the end of paragraph (n) and substituting therefor the words “persons with disabilities”;

(d) the marginal note and substituting therefor the words —

Functions of a county directorate of library services.

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CLAUSE 8

THAT the Bill be amended by deleting clause 8.

CLAUSE 9

THAT the Bill be amended by deleting clause 9.

CLAUSE 11

THAT clause 11 of the Bill be amended—

(a) by deleting the words “the committee” appearing in the introductory phrase and substituting therefor the words “a county directorate of library services”;

(b) by inserting the following new paragraph immediately after paragraph (b)—

CLAUSE 12

THAT the Bill be amended by deleting clause 12.

CLAUSE 13

THAT clause 13 of the Bill be amended-

(a) in subclause (1) by deleting the words “in consultation with the committee” appearing immediately after the word “member”;

(b) in subclause (2) by— (i) deleting the word “section” appearing immediately after the words “generality of” and substituting therefor the word “subsection”; and

(ii) inserting the following new paragraph immediately after paragraph (b)— (c) provision of technical support to libraries recognized under this Act.

SCHEDULE

THAT Bill be amended by deleting the schedule

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CLAUSE 2

THAT clause 2 of the Bill be amended by— (a) in the definition of the term “book” by inserting the following paragraph immediately after paragraph (d)—

(e) journals and other electronic resources that can be accessed digitally;

(a) deleting the definition of the term “committee”;

(b) deleting the definition of the term “library” and substituting therefor the following new definition— “library” means an organised collection of printed and digital information resources, books, periodicals or any graphic or audio- visual material to which a member of the public has access free of charge or on payment of fees or by virtue of being a member of an organisation or institution;

"county directorate of library services" means the county directorate of library services established under section 6; “national library service” means a repository and access point for print, audio, audio-visual, braille and digital materials and documents in braille that serve as the pre-eminent repository of information for the country and as the official national depository for printed works, a general public access library, information and bibliographic centre;

LONG TITLE

THAT the Bill be amended by deleting the long title and substituting therefor the following new long title—

AN ACT of Parliament to provide for the establishment of county libraries and county directorate of library services in each county; the functions and powers of each county directorate of library services; and for connected purposes

…………./Notice of Amendments

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G. *THE NUTS AND OIL CROPS DEVELOPMENT BILL (SENATE BILLS NO. 47

OF 2023)

(Sen. Hamida Kibwana, MP)

NOTICE is given that the Chairperson, Standing Committee on Agriculture, Livestock and Fisheries, intends to move the following amendments to the Nuts and Oil Crops Development Bill (Senate Bills No. 47 of 2023), at the Committee Stage—

CLAUSE 3

THAT Bill be amended by deleting clause 3 and substituting therefor the following new clause —

3. The object of this Act is to —

(a) regulate the nuts and oil crops subsector; (b) promote a globally competitive nuts and oil crops subsector; (c) increase production and processing of safe and healthy nuts and oil crops produce and products; (d) promote value addition to the nuts and oil crops produce and their products; (e) generate higher income for the nuts and oil crops farmers and traders by introducing improved varieties of the nuts and oil crops produce with higher yield; (f) provide continuous and sustained research and extension services for the development of the nuts and oil crops subsector; (g) facilitate the introduction of modern nuts and oil crops farming techniques and general modernization of their subsector; and (h) implement effective marketing strategies.

CLAUSE 4

THAT clause 4 of the Bill be amended —

(i) in subclause (3) deleting the word “Kilifi” appearing immediately after the words “shall be in” and substituting therefor the word “Nairobi”; and (ii) by inserting the following new subclause immediately after subclause (3)— (3A) The Board may establish such other offices in Kenya as it may consider necessary for the discharge of its functions under this Act.

CLAUSE 5

THAT clause 5 of the Bill be amended –

(a) in subclause (1) by deleting the introductory clause and substituting therefor the following new introductory clause — (1) The Board shall consist of— (b) by inserting the following new paragraph immediately after paragraph (c)— (ca) the Principal Secretary responsible for finance or a representative nominated by the Principal Secretary in writing; (c) in subclause (1) by deleting paragraph (d) and substituting therefor the following new paragraph— …………../Notice of Amendments

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(d) three persons with five years’ experience in the nuts and oil subsector appointed by the cabinet secretary, of whom— (i) one shall be a farmer representing the nuts subsector; (ii) one shall be a farmer representing the oil crops subsector; and (iii) one shall be a processor.; (d) by deleting paragraph (e) and substituting therefor the following new paragraph— (e) one person with five years’ experience in the nuts and oil crops subsector, nominated by the Council of Governors; (e) in subclause (2) by inserting the words “as a member of the Board” appearing in the introductory clause immediately after the words “for appointment”. (f) by deleting subclause (3) and substituting therefor the following new subclause— (3) In making appointments under subsection (1)(d), the Cabinet Secretary shall ensure that not more than two-thirds of the appointees are of the same gender, and shall give due consideration to diversity in age, regional and ethnic background.

CLAUSE 6

THAT clause 6 of the Bill be amended—

(a) in the marginal note by deleting the word “member” appearing immediately after the word “appointment as a” and substituting therefor the word “chairperson”; (b) in the introductory clause by deleting the word “member of the Board” appearing immediately after the words “appointment as a” and substituting therefor the word “chairperson”; (c) in paragraph (b) by deleting the word “and” appearing immediately after the words “in Kenya;”; and (d) by inserting the following new paragraph immediately after paragraph (b)— (ba) has knowledge and experience of at least ten years in matters relating to agriculture; and.

CLAUSE 7

THAT clause 7 of the Bill be amended by deleting the words “section 6” and substituting therefor the words “section 5”.

CLAUSE 9

THAT clause 9 of the Bill be amended—

(a) in paragraph (a) by deleting the words “crop industry” appearing immediately after the words “nuts and oil” and substituting therefor the word “crops subsector”; (b) by deleting paragraph (b) and substituting therefor the following new paragraph— (c) make recommendations to the Cabinet Secretary on the development of national strategies, plans and policies relating to the nut and oil crop subsector; …………../Notice of Amendments

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(d) in paragraph (e) by deleting the words “crop industry” appearing immediately after the words “nuts and oil” and substituting therefor the word “crops subsector”; (e) in paragraph (f) by deleting the words “crop industry” appearing immediately after the words “nut and oil” and substituting therefor the word “crops subsector”. (f) In paragraph (g) by deleting the words “marketing and the exportation” appearing immediately after the words “regulate the” and substituting therefor the words “import and export”; (g) in paragraph (h) by deleting the word “industry” appearing immediately after the words “nuts and oil crops” and substituting therefor the word “subsector”; (h) in paragraph (i) by— (i) deleting the words “crop industry” appearing immediately after the words “nuts and oil” and substituting therefor the word “crops subsector”; and (ii) deleting the word “and” appearing immediately after the words “Kenya Bureau of Standards;” (i) in paragraph (j) by deleting the word “coordinate” appearing at the beginning of the paragraph and substituting therefor the word “facilitate”. (j) by deleting paragraph (k) and substituting therefor the following new paragraph— (k) support counties in the development of programmes for farmer assistance including access to farm inputs and affordable credit facilities; and (k) by inserting the following new paragraph immediately after paragraph (k)— (ka) carry out such other functions as may be assigned by the Cabinet Secretary or conferred under any other law.

CLAUSE 10

THAT clause 10 of the Bill be amended in subclause (2) by deleting the word “industry” appearing immediately after the words “nuts and oil crops” and substituting therefor the word “subsector”.

CLAUSE 13

THAT clause 13 of the Bill be amended in subclause (3) by deleting the word “five” appearing immediately after the words “a term of” and substituting therefor the word “three”.

CLAUSE 17

THAT the Bill be amended by deleting clause 17 and substituting therefor the following new clause—

17. (1) Liability shall not attach to the Board or to any of its members,

officers, agents or staff for loss or damage incurred as a result of an act or omission done in good faith and without negligence in the performance or exercise or the intended performance or exercise of any duty or power imposed by or conferred under this Act.

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(2) Any expenses incurred by any person in any suit or prosecution brought against him or her in any court, in respect of any act which is done or purported to be done by him or her under the direction of the Board, shall, if the court holds that such act was done in good faith, be paid out of the funds of the Board, if such expenses are not recovered by the person in such suit or prosecution. (3) The provisions of subsection (1) shall not relieve the Board of the liability to pay compensation or damages to any person for any injury to him or her, his or her property or any of his or her interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially, of any works.

CLAUSE 19

THAT the Bill be amended by deleting clause 19.

CLAUSE 20

THAT clause 20 of the Bill be amended—

(i) in subclause (1) by deleting the words “Schedule” appearing immediately after the words “accordance with the” and substituting therefor the words “First Schedule” (ii) in subclause (2) by deleting the words “Schedule” appearing immediately after the words “provided in the” and substituting therefor the words “First Schedule”.

CLAUSE 21

THAT clause 21 of the Bill be amended—

(a) in paragraph (a) by deleting the word “Government” appearing immediately after the words “National”; (b) in paragraph (b) by inserting the word “warehouses,” immediately after the words “nursery operators,”; (c) by deleting paragraph (c); (d) in paragraph (d) by deleting the word “crop industry” appearing immediately after the words “nuts and oil” and substituting therefor the word “crops subsector”; (e) in paragraph (i) by inserting the words “farm inputs, affordable” immediately after the words “promote access to”; and (f) by inserting a new paragraph immediately after paragraph (k)— (ka) promote the diversification of nuts and oil crop products and by- products at the county level;

CLAUSE 22

THAT the Bill be amended by deleting clause 22.

CLAUSE 23

THAT the Bill be amended by deleting clause 23.

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CLAUSE 25

THAT clause 25 be amended—

(a) in the marginal note by deleting the words “of processors”; (b) in subclause (1) by inserting the words “marketing, export or import” immediately after the words “in the processing,”; (c) by inserting the following new subclause immediately after subclause (1)— (1A) Despite subsection (1), the Board shall, in consultation with county governments, develop a licensing framework for small-scale processors of nuts and oil crops intended for domestic markets, with county governments responsible for issuing trade licences to small-scale processors operating within their respective counties. (d) by deleting subclause (2) and substituting therefor the following new subclause— (2) A person who intends to process, market, export or import nuts and oil crop products shall submit an application to the Board in the prescribed form together with— (a) such documents and information as the Board may prescribe; and (b) the prescribed fees. (e) in subclause (3) by— (a) deleting the words “A county executive committee member” appearing in the introductory clause and substituting therefor the words ‘The Board’; and (b) deleting the words “county executive committee member” appearing immediately after the words “conditions as the” in paragraph (b) and substituting therefor the word “Board”. (f) in subclause (4) by deleting the words “by the respective county executive committee member,” appearing after the words “the applicant”. (g) in subclause (5) by — (a) deleting the words “county executive committee member” appearing immediately after the words “Where the” and substituting therefor the word “Board”; and (b) deleting the words “county executive committee member” appearing immediately after the words “grant a licence, the” and substituting therefor the word “Board”; (h) by inserting the following new subclause immediately after subclause (5)— (5A) In this section, a small-scale processor means a person or enterprise engaged in the processing of nuts and oil crops using limited capital investment and basic or semi-mechanized equipment, whose annual processing capacity does not exceed the threshold prescribed by the Board and whose operations are primarily intended to serve domestic markets.

CLAUSE 26

THAT clause 26 of the Bill be amended—

(a) in subclause (1) by —

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(a) deleting the words “A county executive committee member” appearing at the beginning of the subclause and substituting therefor the word “The Board”; and (b) deleting the words “county executive committee member” appearing immediately after the words “manner as the” and substituting therefor the word “Board”. (b) in subclause (2)— (a) by deleting the words “county executive committee member” appearing in the introductory clause and substituting therefor the word “Board”; (b) by deleting the words “county executive committee member” appearing immediately after the words “lodged with the” in paragraph (c) and substituting therefor the word “Board”. (c) in subclause (3) by — (a) deleting the words “The county executive committee member” appearing at the beginning of the subclause and substituting therefor the words “The Board”; (b) deleting the words “county executive committee member” appearing immediately after the words “such conditions as the” and substituting therefor the word “Board”.

CLAUSE 27

THAT clause 27 of the Bill be amended—

(a) in subclause (1)— (a) by deleting the words “The county executive committee member” appearing at the beginning of the subclause and substituting therefor the word “The Board”; and (b) by deleting the words “or county legislation” appearing immediately after the words ‘this Act’ in paragraph (a). (b) in subclause (2) by deleting the introductory clause and substituting therefore the following new introductory clause— (2) The Board shall not revoke the licence under subsection (1)(a) unless the Board—

CLAUSE 28

THAT clause 28 of the Bill be amended—

(a) in subclause (2) by — (a) deleting the words “The county executive committee member” appearing at the beginning of the subclause and substituting therefor the words” The Board”; and (b) deleting the words “committee member’ appearing immediately after the words ‘period as the’ and substituting therefor the word ‘Board’. (b) in subclause (3) by deleting the words ‘county executive committee member’ appearing immediately after the words ‘such notice, the’ and substituting therefor the word ‘Board’; (c) in subclause (4) by deleting the words ‘county executive committee member’ appearing immediately after the words ‘cancelled by the’ and substituting therefor the word ‘Board’.

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CLAUSE 29

THAT the Bill be amended by deleting clause 29 and substituting therefor the following new clause—

29.(1) An applicant who is aggrieved by the decision of the Board not to issue a licence under this Act may, within fourteen (14) days from the date of receiving the decision, submit a written appeal to the Board for review. (2) The Board shall consider the appeal and provide a response within fourteen days of receiving the appeal and may— (a) uphold its original decision; (b) reverse its decision and issue the licence; or (c) take any other action that is deemed appropriate for the implementation of this Act. (3) If the applicant is still aggrieved by the Board’s decision after the review, the applicant may, within fourteen days of receiving the decision on the appeal to the Board file an appeal to the High Court.

CLAUSE 35

THAT clause 35 of the Bill be amended by—

(a) deleting the word “industry” appearing after the words “nuts and oil crops” and substituting therefor the word “subsector”; and (b) deleting the words “cotton industry” appearing immediately after the words ‘development of the’ and substituting therefor the words “nuts and oil crops subsector.”’.

CLAUSE 37

THAT clause 37 of the Bill be amended in subclause (1) by—

(a) deleting the words ‘of not less than twenty thousand shillings’ appearing immediately after the words ‘to a fine’ and substituting therefor the words ‘not exceeding five hundred thousand shillings’; and (b) deleting the words ‘six months, or to’ appearing immediately after the words ‘not exceeding’ and substituting therefor the words ‘one year or’.

CLAUSE 38

THAT clause 38 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclause—

(2) Without prejudice to the generality of subsection (1), the regulations may provide for — (a) conditions for registration; (b) forms to be used in the application for registration, and related activities; (c) the process of application for registration and related activities; and (d) the regulation of contracts between growers, processors and other players in the nut and oils subsector industry;

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(e) the procedure for licensing and regulation of marketing agents, transporters, processors, exporters, and importers; (f) the forms and fees payable in respect of any matter required to be done under this Act; (g) mechanisms for dispute resolution within the nuts and oil crops subsector; (h) the standards and procedures for the grading and classification of nuts and oil crops and their products; (i) food safety requirements, including standards for handling, transportation, processing, and marketing of nuts and oil crops produce, and products; and (j) the duration and renewal periods for licences and registration certificates issued under this Act.

CLAUSE 44

THAT clause 44 of the Bill be amended by deleting the word “Authority” appearing immediately after the words “made by the” and substituting therefor the word ‘Board’.

NEW CLAUSE

CLAUSE 35A

THAT the Bill be amended by inserting the following new clause immediately after clause 35—

35A. Declaration of nuts and oil crops. (1) The crops specified in the Second Schedule are nuts and oil crops for purposes of this Act. (2) The Cabinet Secretary may, by notice in the Gazette, declare any other crop to be a nuts and oil crop for purposes of this Act.

SCHEDULE

THAT the Bill be amended by renumbering the existing Schedule as the First Schedule.

NEW SCHEDULE

THAT the Bill be amended by inserting the following new schedule immediately after the First Schedule—

SECOND SCHEDULE

(s. 2)

NUTS AND OIL CROPS

1. Coconut
2. Cashew nut
3. Macadamia nut
4. Ground nuts
5. Castor beans

…………../Notice of Amendments

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2922)

6. Sunflower
7. Oil seed jojoba
8. Shied safflower
9. Sesame
10. Linseed
11. Oil Palm
12. Bambara nut
13. Cotton seed

CLAUSE 2

THAT clause 2 of the Bill be amended by—

(a) deleting the definition of the word ‘nuts and oil crops’ and substituting therefor the following new definition— “nuts and oil crops” mean the crops set out in the Second Schedule to this Act; (b) deleting the definition of the word ‘processor’ and substituting therefor the following new definition— “processor” means a person who transforms nuts and oil crops produce or products into various end-use products; and (c) inserting the following new definitions in their proper alphabetical sequence— “grower” means a person, whether small-scale or large-scale, who cultivates nuts and oil crops for commercial purposes, and excludes those who grow nuts and oil crops solely for subsistence; “processing” means the alteration, extraction, refinement or transformation of nuts or oil crops from their raw state into a usable or marketable form, and includes shelling, drying, crushing, pressing, refining, fortifying, packaging or any other activity that enhances the value or shelf-life of nuts or oil crops.

LONG TITLE

THAT the long title of the Bill be amended by inserting the word “Development” immediately after the words “establish the Nuts and Oil Crops”.

…………./Appendix

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2923)

APPENDIX

1. MESSAGE

Message from the National Assembly, on the passage by the National Assembly of the Assisted Reproductive Technology Bill (National Assembly Bills No. 61 of 2022).

(The Speaker of the Senate)

2. PAPERS

i) Report of the Equalisation Fund Advisory Board on the 1st Quarter Report for fiscal year 2025/2026 on implementation of the Equalisation Fund.

ii) Report of the Auditor General on financial statements of Lamu County Emergency Fund for the year ended 30th June, 2025.

iii) Report of the Auditor General on financial statements of Lamu County Climate Change Fund for the year ended 30th June, 2025.

iv) Report of the Auditor General on financial statements of Lamu County Bursary and Scholarship Fund for the year ended 30th June, 2025.

v) Report of the Auditor General on financial statements of Marsabit Municipality – County Government of Marsabit for the year ended 30th June, 2025.

vi) Report of the Auditor General on financial statements of Marsabit County Referral Hospital – County Government of Marsabit for the year ended 30th June, 2025.

vii) Report of the Auditor General on financial statements of Equalisation Fund – County Government of Garissa for the year ended 30th June, 2025.

viii) Report of the Auditor General on financial statements of Garissa Level 5 Teaching and Referral Hospital – County Government of Garissa for the year ended 30th June, 2025.

ix) Report of the Auditor General on financial statements of Equalisation Fund – County Government of Wajir for the year ended 30th June, 2025.

x) Report of the Auditor General on financial statements of Wajir County Referral Level 4 Hospital – County Government of Wajir for the year ended 30th June, 2025.

xi) Report of the Auditor General on financial statements of Kericho County Assembly Staff Car and Mortgage Fund for the year ended 30th June, 2025.

…………./Appendix

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2924)

xii) Report of the Auditor General on financial statements of Kericho County Alcoholic Drinks Control Fund for the year ended 30th June, 2025.

xiii) Report of the Auditor General on financial statements of Kericho County Enterprise Fund for the year ended 30th June, 2025.

xiv) Report of the Auditor General on financial statements of Nyandarua County Bursary Fund for the year ended 30th June, 2025.

xv) Report of the Auditor General on financial statements of Nyandarua County Executive (State and Public Officers) Car Loan and Mortgage Scheme Fund for the year ended 30th June, 2025.

xvi) Report of the Auditor General on financial statements of Turkana County Executive State and Public Officers Car Loan and Mortgage Fund for the year ended 30th June, 2025.

xvii) Report of the Auditor General on financial statements of Turkana County Youth and Women Empowerment Fund for the year ended 30th June, 2025.

xviii) Report of the Auditor General on financial statements of Turkana County Co-operative Enterprise Development Fund for the year ended 30th June, 2025.

xix) Report of the Auditor General on financial statements of Turkana County Climate Change Fund for the year ended 30th June, 2025.

xx) Report of the Auditor General on financial statements of Lodwar County Referral Hospital – County Government of Turkana for the year ended 30th June, 2025.

xxi) Report of the Auditor General on financial statements of Meru County Investment and Development Corporation for the year ended 30th June, 2025.

xxii) Report of the Auditor General on financial statements of Meru County Rural Water and Sanitation Service Company Limited for the year ended 30th June, 2025.

xxiii) Report of the Auditor General on financial statements of Maua Municipality – County Government of Meru for the year ended 30th June, 2025.

xxiv) Report of the Auditor General on financial statements of Kanyakine Sub-County Hospital – County Government of Meru for the year ended 30th June, 2025.

xxv) Report of the Auditor General on financial statements of Embu County Climate Change Fund for the year ended 30th June, 2025.

…………./Appendix

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2925)

xxvi) Report of the Auditor General on financial statements of Embu Level 5 Hospital – County Government of Embu for the year ended 30th June, 2025.

xxvii) Report of the Auditor General on financial statements of Embu County Health Facility Improvement Fund – County Government of Embu for the year ended 30th June, 2025.

xxviii) Report of the Auditor General on financial statements of Mbeere Sub-County Hospital – County Government of Embu for the year ended 30th June, 2025.

xxix) Report of the Auditor General on financial statements of Runyenjes Sub-County Hospital – County Government of Embu for the year ended 30th June, 2025.

xxx) Report of the Auditor General on financial statements of West Pokot County Assembly Staff Car Loan and Mortgage Fund for the year ended 30th June, 2025.

xxxi) Report of the Auditor General on financial statements of West Pokot County Cooperative Development Fund for the year ended 30th June, 2025.

xxxii) Report of the Auditor General on financial statements of Kapenguria Water and Sewerage Services Company Limited – County Government of West Pokot for the year ended 30th June, 2025.

xxxiii) Report of the Auditor General on financial statements of Kapenguria County Referral Level 4 Hospital – County Government of West Pokot for the year ended 30th June, 2025.

xxxiv) Report of the Auditor General on financial statements of Kisumu Lakefront Development Corporation – County Government of Kisumu for the year ended 30th June, 2025.

xxxv) Report of the Auditor General on financial statements of Kwale County Bursary and Scholarship Fund for the year ended 30th June, 2025.

xxxvi) Report of the Auditor General on financial statements of Mombasa County Alcoholic Drink Control Fund for the year ended 30th June, 2025.

xxxvii) Report of the Auditor General on financial statements of Siaya County Alcoholic Drink Control Fund for the year ended 30th June, 2025.

xxxviii) Report of the Auditor General on financial statements Central Rift Valley Water Works Development Agency – County Government of Nakuru for the year ended 30th June, 2025.

…………./Appendix

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2926)

xxxix) Report of the Auditor General on financial statements of Nolturesh Loitokitok Water and Sanitation Company Limited – County Government of Kajiado for the year ended 30th June, 2025.

xl) Report of the Auditor General on financial statements of Makueni County State and Public Officers Car Loan and Mortgage Fund for the year ended 30th June, 2025.

xli) Report of the Auditor General on financial statements of Trans Nzoia County Assembly (Members and Staff) Car Loan and Mortgage Scheme Fund for the year ended 30th June, 2025.

xlii) Report of the Auditor General on financial statements of Kitui Water and Sanitation Company Limited for the year ended 30th June, 2025.

xliii) Report of the Auditor General on financial statements of Murang’a County Climate Change Fund for the year ended 30th June, 2025.

xliv) Report of the Auditor General on financial statements of Nandi County Facilities Improvement Fund for the year ended 30th June, 2025.

xlv) Report of the Auditor General on financial statements of Vihiga County Executive Car Loan and Mortgage Scheme Fund for the year ended 30th June, 2025.

xlvi) Report of the Auditor General on financial statements of Kirinyaga County Executive Staff Mortgage Scheme Fund for the year ended 30th June, 2025.

xlvii) Report of the Auditor General on financial statements of Bomet County (State and Public Officers) Car Loan and Mortgage Scheme Fund for the year ended 30th June, 2025.

xlviii) Report of the Auditor General on financial statements of Eldoret Water and Sanitation Company Limted – County Government of Uasin Gishu for the year ended 30th June, 2025.

xlix) Report of the Auditor General on financial statements of Laikipia County Revenue Board for the year ended 30th June, 2025.

l) Report of the Auditor General on financial statements of Iten Tambach Municipality – County Government of Elgeyo Marakwet for the year ended 30th June, 2025.

li) Report of the Auditor General on financial statements of Chuka County Referral Hospital – County Government of Tharaka-Nithi for the year ended 30th June, 2025.

lii) Report of the Auditor General on financial statements of Mumias Level 4 Hospital – County Government of Kakamega for the year ended 30th June, 2025. …………./Appendix

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2927)

liii) Report of the Auditor General on financial statements of Taita Taveta County Education Fund for the year ended 30th June, 2025.

liv) Report of the Auditor General on financial statements of Kibwezi Makindu Water and Sanitation Company Limited – County Government of Makueni for the year ended 30th June, 2025.

lv) Report of the Auditor General on financial statements of Makueni County Sand Conservation and Utilization Authority – County Government of Makueni for the year ended 30th June, 2025.

lvi) Report of the Auditor General on financial statements of Loitokitok Sub-County Level 4 Hospital – County Government of Kajiado for the year ended 30th June, 2025.

lvii) Report of the Auditor General on financial statements of Mashuuru Level 4 Hospital – County Government of Kajiado for the year ended 30th June, 2025.

lviii) Report of the Auditor General on financial statements of Yatta Water Services Company Limited – County Government of Machakos for the year ended 30th June, 2025.

lix) Report of the Auditor General on financial statements of Masinga Level 4 Hospital – County Government of Machakos for the year ended 30th June, 2025.

lx) Report of the Auditor General on financial statements of Baringo County Education Bursary and Scholarship Fund for the year ended 30th June, 2025.

lxi) Report of the Auditor General on financial statements of Kilgoris Municipality – County Government of Narok for the year ended 30th June, 2025.

lxii) Report of the Auditor General on financial statements of Kitui County Climate Change Fund for the year ended 30th June, 2025.

lxiii) Report of the Auditor General on financial statements of Nakuru County Referral and Teaching Hospital – County Government of Nakuru for the year ended 30th June, 2025.

(The Senate Majority Leader)

lxiv) Report of the Mediation Committee on the Coffee Bill (Senate Bills No. 10 of 2023)

(The Chairperson, Mediation Committee)

…………./Appendix

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2928)

lxv) Further Progress Report of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration on the inquiry into the extent to which state agencies reflect Kenya’s diversity in the composition of their workforce.

(The Chairperson, Standing Committee on National Cohesion, Equal Opportunity and Regional Integration)

3. NOTICE OF MOTION - CONSIDERATION OF THE REPORT OF THE

MEDIATION COMMITTEE ON THE COFFEE BILL (SENATE BILLS NO. 10

OF 2023)

(The Chairperson, Mediation Committee)

4. QUESTIONS AND STATEMENTS

a) Requests for Statements pursuant to Standing Order 53 (1)

i.) Nominated Senator (Sen. Hamida Kibwana, MP) to seek a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding the status, administration and operational challenges facing Kadhi’s Courts across the country.

ii.) The Senator for Migori County (Sen. Eddy Oketch, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the disappearance of Kenyans in Tanzania during and after the October, 2025 General Elections.

iii.) The Senator for Murang’a County (Sen. Joe Nyutu, MP) to seek a Statement from the Standing Committee on Education regarding the plight of Early Childhood Development Education (ECDE) teachers in Murang’a County.

iv.) The Senator for Tharaka Nithi County (Sen. Mwenda Gataya, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the exploitation of strategic minerals in Tharaka Nithi County.

v.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the raid in Isiolo Town and loss of livestock belonging to Marsabit County traders.

vi.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the delayed disbursement of Hunger Safety Net Programme (HSNP) funds in Marsabit County. …………./Appendix

(No. SUPP. 127) THURSDAY, DECEMBER 04, 2025 (2929)

vii.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the stalled affordable housing project in Ngara, Nairobi City County (Park road project).

viii.) The Senator for Marsabit County (Sen. Mohamed Chute, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the implementation status of the water storage tanks project in Marsabit County.

ix.) The Senator for Busia County (Sen. Andrew Okoiti, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the ongoing land dispute and irregular survey activities in Angata Barikoi, Kilgoris, Narok County.

x.) The Senator for Busia County (Sen. Andrew Okoiti, MP) to seek a Statement from the Standing Committee on Education regarding the compliance of Riara University with the Universities Act and the Universities Standards and guidelines set by the Commission for University Education (CUE).

b) Statement pursuant to Standing Order 57(1)

The Senate Majority Leader to issue a Statement on the business of the Senate.

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