Thursday, July 10, 2025 At 2.30 P.m. - Supplementary

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Thirteenth Parliament

Fourth Session (No. SUPP. 072) (1205)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FOURTH SESSION)

THE SENATE

SUPPLEMENTARY ORDER PAPER

THURSDAY, JULY 17, 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. MOTION - APPROVAL OF SENATE NOMINEES FOR APPOINTMENT TO THE

BOARD OF TRUSTEES FOR THE POST-SERVICE MEDICAL SCHEME FOR

MEMBERS OF PARLIAMENT

(The Senate Majority Leader)

THAT, pursuant to the Resolution of the Parliamentary Service Commission of 23rd June, 2025 with respect to the Trust Deed and Rules for Post- Service Medical Scheme for Members of Parliament, the Senate appoints Sen. Justice (Rtd.) Stewart Madzayo, EGH, MP, and Sen. Esther Okenyuri, MP to the Board of Trustees for the Post-Service Medical Scheme for Members of Parliament.

9. MOTION – CONSIDERATION OF THE REPORT OF THE MEDIATION

COMMITTEE ON THE GAMBLING CONTROL BILL (NATIONAL ASSEMBLY

BILLS NO. 70 OF 2023)

(Co-Chairperson, Mediation Committee)

THAT, the Senate adopts the Report of the Mediation Committee on the Gambling Control Bill (National Assembly Bills No. 70 of 2025), laid on the table of the Senate on Wednesday, 16th July, 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.

………../Bills

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1206)

10. **THE COUNTY ALLOCATION OF REVENUE BILL (SENATE BILLS NO. 9 0F

2025) The Chairperson, Standing Committee on Finance and Budget)

(Second Reading) (Resumption of debate interrupted on Tuesday, 15th July, 2025) (Division)

11. **THE EQUALISATION FUND APPROPRIATION BILL (SENATE BILLS NO. 7

OF 2025)

(The Chairperson, Standing Committee on Finance and Budget)

(Second Reading) (Resumption of debate interrupted on Wednesday, 16th July, 2025 – Afternoon Sitting) (Division)

12. COMMITTEE OF THE WHOLE

THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILLS NO. 12 OF

2023) (The Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights)

(Consideration of His Excellency the President’s recommendations)

(Resumption of debate interrupted on Thursday 10th July, 2025) (Division)

13. COMMITTEE OF THE WHOLE

*THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE BILLS

NO. 54 OF 2023)

(Sen. Eddy Oketch, MP)

14. COMMITTEE OF THE WHOLE

**THE LOCAL CONTENT BILL (SENATE BILLS NO. 50 OF 2023)

(The Chairperson, Standing Committee on Energy)

15. COMMITTEE OF THE WHOLE

*THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL (SENATE

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

16. COMMITTEE OF THE WHOLE

***THE SOCIAL PROTECTION BILL (NATIONAL ASSEMBLY BILLS NO. 12 OF

2025) (The Senate Majority Leader)

17. COMMITTEE OF THE WHOLE

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

(Sen. Joyce Korir, MP)

………../Bills

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1207)

18. **THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS (NO. 2) BILL

(SENATE BILLS NO. 8 OF 2025)

The Chairperson, Standing Committee on Finance and Budget)

(Second Reading) (Resumption of debate interrupted on Wednesday, 16th July, 2025 – Afternoon Sitting)

19. MOTION – CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS

TO THE START-UP BILL (SENATE BILLS NO. 14 OF 2022)

(The Chairperson, Standing Committee on Trade, Industrialization and Tourism)

THAT, the National Assembly amendments to the Start-Up Bill (Senate Bills No. 14 of 2022) be now considered.

20. MOTION - CONSIDERATION OF THE REPORT OF THE STANDING

COMMITTEE ON JUSTICE, LEGAL AFFAIRS AND HUMAN RIGHTS ON ITS

CONSIDERATION OF A PETITION TO THE SENATE BY MR. BAKARI HALIFAN

MUNGE AND THREE (3) OTHER RESIDENTS OF KWALE COUNTY

REGARDING THE IMPLEMENTATION OF AN AWARD BY THE ENVIRONMENT

AND LAND COURT FOR COMPENSATION TO AND RESETTLEMENT OF THE

OWNERS OF RAMISI PHASE 1 BLOCK 5056 IN KWALE COUNTY

(The Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights)

THAT, the Senate adopts the Report of the Standing Committee on Justice, Legal Affairs and Human Rights on its consideration of a Petition to the Senate by Mr. Bakari Halifan Munge and three (3) other residents of Kwale County regarding the implementation of an Award by the Environment and Land Court for compensation to and resettlement of the owners of Ramisi Phase 1 Block 5056 in Kwale County, laid on the Table of the Senate on Wednesday, 28th May, 2025.

21. MOTION – CONSIDERATION OF THE REPORT OF THE STANDING

COMMITTEE ON JUSTICE, LEGAL AFFAIRS AND HUMAN RIGHTS ON A

PETITION TO THE SENATE BY MS. CHRISTINE NJOKI MWERU REGARDING

INCOMPLETE

INVESTIGATIONS

AND

FAILURE

TO

ARREST

AND

PROSECUTE

SUSPECTS

INVOLVED

IN

THE

ABDUCTION

AND

DISAPPEARANCE OF MR. JOSHUA GICHUKI MWANGI

(The Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights)

THAT, the Senate adopts the Report of the Standing Committee on Justice, Legal Affairs and Human Rights on a Petition to the Senate by Ms. Christine Njoki Mweru regarding incomplete investigations and failure to arrest and prosecute suspects involved in the abduction and disappearance of Mr. Joshua Gichuki Mwangi, laid on the Table of the Senate on Thursday, 5th June, 2025.

………../Motions

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1208)

22. MOTION – REPORT OF THE STANDING COMMITTEE ON LABOUR AND

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

NDUTU ON BEHALF OF ONE HUNDRED AND TWENTY-FIVE (125) OTHER

FORMER EMPLOYES OF KENYA BREWERIES LIMITED CONCERNING

FAILURE BY THE KENYA BREWERIES LIMITED, KAPLAN & STRATTON

ADVOCATES

AND

HARRISON

KINYANJUI

ADVOCATES

TO

PAY

COMPENSATION AWARDED TO THE PETITIONERS

(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. Lawrence Ndutu on behalf of one hundred and twenty-five (125) other former employes of Kenya Breweries Limited concerning failure by the Kenya Breweries Limited, Kaplan & Stratton Advocates and Harrison Kinyanjui Advocates to pay compensation awarded to the Petitioners, laid on the Table of the Senate on Wednesday, 9th July, 2025.

23. ***THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) (NO. 4) BILL

(NATIONAL ASSEMBLY BILLS NO. 45 OF 2024)

(The Senate Majority Leader) (Second Reading)

24. *THE OFFICE OF THE COUNTY ATTORNEY (AMENDMENT) BILL (SENATE

BILLS NO. 47 OF 2024)

(Sen. David Wafula Wakoli, MP)

(Second Reading)

25. *THE COUNTY GOVERNMENTS LAWS (AMENDMENT) BILL (SENATE BILLS

NO. 52 OF 2024)

(Sen. Kathuri Murungi, MP) (Second Reading)

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

COUNTY OVERSIGHT AND NETWORKING ENGAGEMENTS TO TAITA

TAVETA, MOMBASA AND KWALE COUNTIES

(The Chairperson, Standing Committee on Health)

THAT, the Senate adopts the Report of the Standing Committee on Health on the County Oversight and Networking Engagements to Taita Taveta, Mombasa and Kwale Counties, laid on the Table of the Senate on Thursday, 5th December, 2024.

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

INSPECTION TOUR OF HEALTH FACILITIES IN WEST POKOT, TRANS NZOIA

AND TURKANA COUNTIES.

(The Chairperson, Standing Committee on Health)

THAT, the Senate adopts the Report of the Standing Committee on Health on the inspection tour of health facilities in West Pokot, Trans Nzoia and Turkana Counties, laid on the Table of the Senate on Thursday, 5th December, 2024. ………../Motions

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1209)

28. MOTION - REPORT OF THE STANDING COMMITTEE ON NATIONAL

COHESION, EQUAL OPPORTUNITY AND REGIONAL INTEGRATION ON

IMPLEMENTATION OF THE SENATE RESOLUTION ON THE CURRENT STATE

OF THE NATION MADE ON WEDNESDAY, 24TH JULY, 2024

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

THAT, the Senate adopts the Report of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration on implementation of the Senate Resolution on the Current State of the Nation made on Wednesday, 24th July, 2024, laid on the Table of the Senate on Tuesday, 3rd June, 2025.

29. MOTION - ESTABLISHMENT OF NATIONAL TEACHING AND REFERRAL

HOSPITALS IN KENYA

(Sen. Johnes Mwaruma, MP)

THAT, AWARE THAT Article 43 (1) (a) of the Constitution of Kenya provides that every person has the right to the highest attainable standard of health, including reproductive health care;

NOTING THAT in Kenya, we have five National Teaching and Referral hospitals with Kenyatta University Research and Teaching Hospital in Kiambu County and Moi Teaching and Referral Hospital in Eldoret, Uasin Gishu County being the only ones outside Nairobi County;

CONCERNED THAT the bed capacity, medical equipment and human capital in these National Teaching and Referral hospitals are not sufficient to absorb all the patients seeking specialized treatment;

FURTHER CONCERNED THAT many Kenyans with critical health conditions travel long distances in order to access specialized services in Moi Teaching and Referral Hospital in Eldoret or Nairobi where the other four National Teaching and Referral hospitals are located, leading to high cost of travel, augmented disease and in some cases deaths along the way;

NOW THEREFORE the Senate urges-

1. The Ministry of Health to:

i. Establish National Teaching and Referral hospitals in the Coast, Eastern, North Eastern, Nyanza and Western regions; and

ii. Fully equip the National Teaching and Referral Hospitals with modern medical equipment, medical supplies and personnel; and

2. The County Governments to allocate more funds to their respective

health dockets to adequately facilitate their County Level 5 and Level 6 hospitals in order to enhance provision of critical health services to reduce the demand for such services from the National Teaching and Referral Hospitals. ………../Motions

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1210)

30. MOTION - IMPLEMENTATION OF AN AUTOMATED AND DECENTRALIZED

CERTIFICATE OF GOOD CONDUCT SYSTEM IN KENYA

(Sen. Joe Nyutu, MP)

THAT AWARE THAT a Certificate of Good Conduct is a major requirement for Kenyan citizens in accessing employment, business opportunities, and, in some instances, financial engagements with financial institutions in Kenya, with the certificate having a validity period of one year;

CONCERNED THAT many Kenyans are compelled to travel long distances to access this service, both for the initial application and for any subsequent applications making the process tedious, time-consuming, and costly;

FURTHER CONCERNED THAT the current manual application system is prone to delays and inconsistencies, which may compromise the authenticity and integrity of a Certificate of Good Conduct;

COGNIZANT THAT the importance of introducing an automated Good Conduct Certification system, including the utilization of biometric fingerprint verification through the deployment of biometric kits, will enhance accuracy, security, and expediency in verifying individual’s record;

NOW THEREFORE, the Senate resolves that the National Police Service Commission, in collaboration with the Ministry of Interior and National Administration to:

1. develop and implement an automated Good Conduct certification system

designed to streamline the issuance, renewal, and verification of certificates of good conduct;

2. incorporate

advanced technologies such as biometric fingerprint recognition, data encryption, and secure communication protocols to ensure the accuracy of individuals' records;

3. establish decentralized service points and deploys mobile registration units

across counties to enhance accessibility, especially in remote areas; and

4. scale up public awareness initiatives in rural areas on the application and

renewal process for the Certificate of Good Conduct.

31. MOTION - WELFARE OF INTERNS WORKING UNDER THE PUBLIC SERVICE

COMMISSION (PSC)

(Sen. Samson Cherarkey, MP)

THAT, AWARE THAT, the Public Service Commission has provided internship opportunity to many youths in various government Departments and Agencies for a period not exceeding one year pursuant to Guidelines on Management of the Public Service Internship Programme of October, 2019;

………../Motions

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1211)

APPRECIATING THAT, since its inception, the internship programme in Kenya has been instrumental in providing practical experience to graduates, enhanced employability, offered networking opportunities and has on a number of occasions led to full-time jobs to graduates;

CONCERNED THAT, internship opportunities are limited in number, skewed in distribution across government Departments and Agencies, lack clear pathway to permanent employment, have inadequate opportunities for skill development due to the short duration that they are offered and that the stipend offered to PSC interns is insufficient with an average stipend ranging from Ksh. 15,000 to Ksh. 30,000 per month which is not sustainable especially to interns living in major cities like Nairobi, Mombasa and Kisumu where the cost of living is too high;

NOW THEREFORE the Senate resolves that the Cabinet Secretary for Public Service and Human Capital Development in consultation with the Public Service Commission reviews the Guidelines to the Public Service Internship Programme of October, 2019 with a view to: -

1. increase the stipend offered to interns to cushion them against the high

cost of living; and

2. put in place mechanisms to promote and reward innovation by interns.

---------

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. 072) THURSDAY, JULY 17, 2025 (1212)

NOTICE OF AMENDMENTS

A. **THE CONFLICT-OF-INTEREST BILL (NATIONAL ASSEMBLY BILLS NO. 12

OF 2023)

(The Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights)

(Consideration of His Excellency the President’s Memorandum)

His Excellency the President’s recommendations

CLAUSE 2

THAT, Clause 2 of the Bill be amended by inserting the following new definitions in proper alphabetical sequence—

“family” means—

(a) the spouse, dependent child or parent of a public officer; (b) a dependent child of the spouse of a public officer; or (c) a parent of the spouse of a public officer; “relative” means a person who is related to a public officer by birth, marriage, adoption or affinity; “undeclared asset” means any asset that is not disclosed in the prescribed manner in any declaration year.

CLAUSE 5

THAT, Clause 5 of the Bill be amended by deleting the words “a reporting authority and” appearing immediately before the words “the Ethics”.

CLAUSE 6

THAT, Clause 6 of the Bill be amended by inserting the following new paragraph after paragraph (h)—

“(ha) institute proceedings for forfeiture of undeclared or unexplained assets;”

CLAUSE 8

THAT, the Bill be amended by deleting Clause 8 and substituting therefor the following new Clause—

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1213)

Conflict of interest.

8. A public officer is in conflict of interest if—

(a) the public officer exercises an official power, duty or function to further his or her private interests or the private interests of another person; (b) the private interests of the public officer can reasonably be perceived to impair or influence the public officer’s ability to act objectively in the performance of an official duty; or (c) the public officer has private interests that could conflict with the duties of the public officer in future.

CLAUSE 12

THAT, Clause 12 of the Bill be amended by deleting subclause (3).

CLAUSE 16

THAT, Clause 16 of the Bill be amended by—

(a) inserting the following new subclause after subclause (3)—

“(3A) Where a public officer has knowledge that a family member or a relative has accepted a gift or favour under subsection (1), the public officer shall, within forty-eight hours of such knowledge, or, if not on duty, within forty-eight hours of resumption of duty, make a declaration of the acceptance, giving sufficient details of the nature of the gift or favour accepted, the donor and the circumstances under which it was accepted for purposes of assessment of potential conflict of interest.” (b) deleting subclause (4) and substituting therefor the following new subclause— “(4) A person who contravenes this section commits an offence.”

CLAUSE 17

THAT, Clause 17 of the Bill be amended—

(a) in paragraph (a) by deleting the words “public officers” and substituting therefor the words “any person”; (b) in paragraph (b) by deleting the words “public officers” and substituting therefor the words “any person”; (c) by deleting paragraph (c).

CLAUSE 18

THAT, Clause 18 of the Bill be amended by—

(a) inserting the following new subclause after subclause (2)—

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1214)

“(2A) Where a public officer has knowledge that a family member or a relative has accepted a complimentary treatment in the exceptional circumstances contemplated under subsection (1), the public officer shall, within forty-eight hours of such knowledge, or, if not on duty, within forty- eight hours of resumption of duty, make a declaration of the acceptance, giving sufficient details of the nature of the complimentary treatment accepted, the donor and the circumstances under which it was accepted for purposes of assessment of potential conflict of interest.” (b) deleting subclause (3) and substituting therefor the following new subclause— “(3) A person who contravenes this section commits an offence.”

CLAUSE 20

THAT, Clause 20 of the Bill be amended by deleting subclause (1) and substituting therefor the following new subclause—

“(1) A public officer shall not acquire an interest in a partnership, private company or any other legal entity that is a party to a contract with any reporting entity under which the partnership, private company or legal entity receives a benefit.”

CLAUSE 30

THAT, Clause 30 of the Bill be amended by deleting subclause (2).

CLAUSE 31

THAT, Clause 31 of the Bill be amended by inserting the following new subclause after subclause (3)—

“(4) For purposes of this section, “material change” means—

(a) at least twenty five percent increase or decrease in the value of an income, asset or liability; (b) the disposal or acquisition of an asset or liability; (c) changes in marital status; (d) appointment to or changes in directorships; (e) changes in membership in companies or partnerships and other legal entities howsoever established; or (f) changes in membership in social associations, societies, clubs, foundations or trusts.”

CLAUSE 35

THAT, Clause 35 of the Bill be amended in subclause (1) by inserting the following new paragraph immediately after paragraph (b)—

“(c) its completeness and correctness.”

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1215)

B. *THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE BILLS

NO. 54 OF 2023)

(Sen. Eddy Oketch, MP)

NOTICE is given that the Chairperson, Standing Committee on Education intends to move the following amendments to the Early Childhood Education Bill (Senate Bills No. 54 of 2023), at the Committee Stage—

CLAUSE 2

THAT clause 2 of the Bill be amended by deleting the proposed subsection (2A) and substituting therefor the following new subsection —

(2A) A County Government shall take into account the following factors when determining the remuneration payable to an early childhood education teacher — (a) the minimum rate advised by the Salaries and Remuneration Commission; (b) minimum wage; (c) the qualification of individual teachers; and (d) any other relevant factor.

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1216)

C. *THE LOCAL CONTENT (AMENDMENT) BILL, 2023 (SENATE BILL NO. 50 OF

2023) (The Chairperson, Standing Committee on Energy)

NOTICE is given that the Chairperson, Standing Committee on Energy, intends to move the following amendments to the Local Content (Amendment) Bill (Senate Bill No. 50 of 2023), at the Committee Stage—

CLAUSE 7

THAT clause 7 of the Bill be amended in paragraph (b) by — (a) deleting subparagraph (iii); (b) deleting the words “and implementation” in subparagraph (iv) appearing immediately after the words “the development; and (c) deleting subparagraph (v) and substituting therefor the following new subparagraph— (v) provision of guidelines to ensure local content activities shall include the participation of local persons at a quota of not less than thirty percent.

CLAUSE 10

THAT clause 10 of the Bill be amended in subclause (1) by — (a) inserting the word “relevant” immediately after the words “advise the” in paragraph (b); and (b) inserting the word “relevant” immediately after the words “recommendations to the” in paragraph (c).

CLAUSE 11

THAT clause 11 of the Bill be amended in paragraph (a) by deleting the word “six” appearing immediately after the words “period of” and substituting therefor the word “twelve”.

CLAUSE 12

THAT clause 12 of the Bill be amended in subclause (1) by —

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1217)

(a) deleting paragraph (a) and substituting therefor the following new paragraph— (a) a chairperson who shall be competitively recruited by the Public Service Commission and appointed by the President by notice in the Gazette. (b) deleting paragraph (c) and substituting therefor the following new paragraph— (c) the Principal Secretary responsible for matters relating to mining or a representative designated in writing; (c) deleting paragraph (f) and substituting therefor the following new paragraphs— (f) one person nominated by players in the oil and gas industry in such a manner as the Cabinet Secretary responsible for matters related to oil and gas shall determine; (fa) one person nominated by players in the mining industry in such a manner as the Cabinet Secretary responsible for matters related to mining shall determine; (d) deleting subclause (2) and substituting therefor the following new subclause— (2) The persons nominated under subclause (1)(f) and (fa) shall be appointed by the relevant Cabinet Secretary by notice in the Gazette. (e) deleting subclause (3) and substituting therefor the following subclause— (1) There shall be paid to the members of the Committee such allowances as the Cabinet Secretaries responsible for matters related to petroleum, oil and mining may, in consultation with the Salaries and Remuneration Commission, determine.

CLAUSE 16

THAT clause 16 of the Bill be amended in subclause (1) by — (a) inserting the word “relevant” in paragraph (e) immediately after the words “addressed to the”; and

(b) inserting the word “relevant” in paragraph (f) immediately after the words “office by the”.

………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1218)

CLAUSE 19

THAT clause 19 of the Bill be amended by deleting clause 19 and substituting therefor the following new clause—

Secretariat. 19. (1) The relevant Cabinet Secretaries responsible for matters related to the extractive industry shall designate an appropriate administrative unit that includes representation from each of their respective Ministries to serve as the Secretariat of the Committee.

(2) The Secretariat shall consist of — (a) a director, who shall be competitively recruited and appointed by the Public Service Commission. (b) such other public officers from each relevant Ministry responsible for matters related to the extractive industry as the Cabinet Secretaries shall, in consultation with the Committee, designate for the proper performance of the functions of the Secretariat under this Act. (3) Without prejudice to subsection (2), a person is qualified to be appointed as a director, if that person— (a) is a citizen of Kenya;

(b) holds a degree in matters related to oil, gas and mining from a university recognized in Kenya; (c) has had at least ten years proven experience at management level; and (d) meets the requirements of Chapter Six of the Constitution.

(2) Director shall hold office for a term of four years, renewable for one further term.

CLAUSE 21

THAT clause 21 of the Bill be amended in subclause (1) by inserting the word “relevant” immediately before the words “Cabinet Secretary”.

CLAUSE 22

THAT clause 22 of the Bill be amended in subclause (5) by inserting the word “relevant” in paragraph (f) immediately after the words “plans as the”.

………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1219)

CLAUSE 24

THAT clause 24 of the Bill be amended by deleting the introductory clause of subclause (1) and substituting therefor the following new introductory clause— (1) The Committee shall prescribe rules on local content certification and in doing shall—

CLAUSE 28

THAT clause 28 of the Bill be amended in subclause (2) by inserting the word “relevant” in paragraph (c) immediately after the words “prescribed by the”.

CLAUSE 30

THAT clause 30 of the Bill be amended in — (a) subclause (1) by inserting the word “relevant” immediately before the words “Cabinet Secretary”; and (b) subclause (2) by inserting the word “relevant” immediately before the words “Cabinet Secretary”.

CLAUSE 31

THAT clause 31 of the Bill be amended in the introductory clause by inserting the word “relevant” immediately before the words “Cabinet Secretary shall”.

CLAUSE 37

THAT clause 37 of the Bill be amended in - (a) subclause (1) by inserting the word “relevant” immediately after the words “operator as the”; (b) subclause (3) by inserting the words “relevant” immediately after the words “in consultation with the”.

CLAUSE 43

THAT clause 43 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclause –

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1220)

(2) Despite subsection (1), where the goods or services required in relation to an extractive activity are not available locally, the relevant Cabinet Secretary may, subject to such conditions as the relevant Cabinet Secretary may impose, authorise the continued importation of the required goods or service.

CLAUSE 44

THAT clause 44 of the Bill be amended in — (a) subclause (2) by inserting the word “relevant” immediately after the words “consultation with the”; and (b) subclause (3) by inserting the word “relevant” immediately after the words “prescribed by the”.

CLAUSE 45

THAT clause 45 of the Bill be amended in subclause (1) by inserting the word “relevant” immediately after the words “provisions of this Act, the”.

CLAUSE 47

THAT clause 47 of the Bill be amended by — (a) deleting subclause (2) and substituting therefor the following new subclause— (2) An operator shall annually remit a tax-deductible training levy consisting of such percentage of its net revenues as the relevant Cabinet Secretary may, in consultation with the Committee, prescribe to the Fund in support of the objectives of this Act. (b) by deleting subclause (3) and substituting therefor the following new subclause— (3) The Cabinet Secretary responsible for matters relating to mining shall, in consultation with the Cabinet Secretary responsible for matters relating to oil, gas and other petroleum resources and the Committee, prescribe in regulations under the Act the manner in which the Fund shall be operated and applied.

CLAUSE 48

THAT clause 48 of the Bill be amended in subclause (5) by inserting the word “relevant” immediately after the words “approval of the”.

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1221)

CLAUSE 50

THAT clause 50 of the Bill be amended in — (a) subclause (2) by inserting the word “relevant” immediately after the words “submit to the”; (b) subclause (3) by inserting the word “relevant” immediately after the words “submit to the”.

CLAUSE 52

THAT clause 52 of the Bill be amended in clause (1) by inserting the word “relevant” immediately after the words “make recommendations”.

CLAUSE 53

THAT clause 53 of the Bill be amended in clause (1) by inserting the word “relevant” immediately before the words “Cabinet Secretary”.

CLAUSE 56

THAT clause 56 of the Bill be amended by inserting the word “relevant” immediately before the words “Cabinet Secretary”.

CLAUSE 57

THAT clause 57 of the Bill be amended — (a) by deleting subclause (1) and substituting therefor the following subclause— (1) The Cabinet Secretary responsible for matters relating to mining shall, in consultation with the Cabinet Secretary responsible for matters relating to oil, gas, and other petroleum resources and the Committee, make regulations generally for the better carrying out of the provisions of this Act. (b) in subclause (2) by deleting the word “Secretary” appearing immediately after the words “the Cabinet” and substituting therefor the word “Secretaries”.

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1222)

NEW CLAUSES

CLAUSES 20A TO 20C

THAT the Bill be amended by inserting the following clauses immediately after clause 20— General fund. 20A. (1) There shall be a general fund of the Committee which shall vest in the Committee. (2) There shall be paid into the general fund— (a) such monies or assets as may accrue to or vest in the Committee in the course of the exercise of its powers or the performance of its functions under this Act; (b) annual contributions from the ministries responsible for matters related to the extractive industry, (c) all monies from any other source provided for or donated or lent to the Committee.

Annual estimates. 20B (1) At least three months before the commencement of each financial year, the Committee shall cause to be prepared estimates of the revenue and expenditure of the Committee for that year. (2) The Committee shall approve the annual estimates before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary's approval, the Authority shall not increase the annual estimates without the consent of the Cabinet Secretary.

Accounts and audit.

20C (1) The Committee shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Committee.

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1223)

Cap. 412A. (2) Within a period of three months from the end of each financial year, the Committee shall submit to the Auditor-General the accounts of the Committee together with— (a) a statement of the income and expenditure of the Committee during that year; and (b) a statement of the assets and liabilities of the Committee on the last day of that year. (3) The annual accounts of the Committee shall be prepared, audited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Financial Management Act.

THAT the Bill is amended by inserting the following new clauses immediately after clause 58—

CLAUSE 59 TO 61

THAT the Bill is amended by inserting the following new clauses immediately after clause 58.

Amendment to Cap.306.

59. The Mining Act is amended by—

(a) repealing Section 46; (b) repealing Section 47; (c) repealing Section 49; and (d) repealing Section 50.

Amendment to Cap.308.

60. The Petroleum Act is amended by

deleting Part VI. Amendment to Cap.314.

61. The Energy Act is amended by—

(a) in Section 10 by repealing paragraph (ee); (b) repealing Section 206; and (c) repealing Section 207.

CLAUSE 2

THAT clause 2 of the Bill be amended by deleting the definition of the term “Cabinet Secretary” and substituting therefor the following new definition—

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1224)

“Cabinet Secretary means either the Cabinet Secretary responsible for matters relating to oil, gas and other petroleum resources or the Cabinet Secretary responsible for matters relating to mining as the case may be”

LONG TITLE

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

A Bill for

AN ACT of Parliament to provide for a framework to facilitate the local ownership, control, and financing of activities connected with the exploitation of gas, oil, other petroleum resources, and mineral resources; to provide a framework to increase local value capture along the value chain in the exploration of gas, oil, other petroleum resources, and minerals; and for connected purposes.

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1225)

D. *THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL (SENATE

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

NOTICE is given that the Chairperson Standing Committee on Trade, Industrialization and Tourism intends to move the following amendments to the Street Vendors (Protection of Livelihood) Bill (Senate Bills No. 41 of 2023) at the Committee Stage—

CLAUSE 4

THAT clause 4 of the Bill be amended —

(a) in subclause (1) by –

(i) deleting paragraph (a);

(ii) deleting the words “the minimum standards” appearing immediately after the words “relevant stakeholders, the” in paragraph (b) and substituting therefor the words “national guidelines”;

(iii) deleting paragraph (c);

(iv) deleting paragraph (d); and

(v) inserting the words “and taking into consideration universal design principles” immediately after the words “street vending” in paragraph (e).

(b) in subclause (2) by –

(i) inserting the word “and” immediately after the words “delegate to the unit;” in paragraph (a);

(ii) deleting the words “the unit and;” appearing immediately after the words “to serve in” and substituting therefor the words “the unit.” in paragraph (b); and

(iii)deleting paragraph (c).

CLAUSE

THAT clause 5 of the Bill be amended in subclause (1) by deleting the word “county” appearing immediately after the words “notice in the”.

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1226)

CLAUSE 7

THAT clause 7 of the Bill be amended in subclause (2) by deleting the word “county” appearing immediately after the words “in the”.

CLAUSE 8

THAT clause 8 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclause —

(2) The county executive committee member shall — (a) not designate a market as a no-vending zone; and (b) in designating a no-vending zone consider existing businesses in the zone.

CLAUSE 9

THAT clause 9 of the Bill be amended in the marginal note by inserting the word “vending” appearing immediately after word “unauthorised”.

CLAUSE 10

THAT clause 10 of the Bill be amended in subclause (2) by deleting paragraph (b) and substituting therefor the following new paragraph –

(b) maintain a register of vending zones within the county.

CLAUSE 12

THAT clause 12 of the Bill be amended in subclause (2) by deleting the word “security,” appearing immediately after the words “limited to”.

CLAUSE 13

THAT clause 13 of the Bill be amended in subclause (5) by deleting the words “including water, lighting, security and waste disposal facilities” appearing immediately after the words “essential facilities”.

CLAUSE 14

THAT clause 14 of the Bill be amended in paragraph (a) by deleting the word “enact” appearing at the beginning of the paragraph and substituting therefor the word “formulate”.

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1227)

CLAUSE 15

THAT clause 15 of the Bill be amended –

(a) in subclause (2) by inserting the words “including street vendors with disabilities” immediately after the words “vendors in the county” in paragraph (b);

(b) by deleting subclause (3);

(c) in subclause (4) by deleting the words “to regulate inter-county mobility trade” appearing immediately after the words “registration of foreigners”;

(d) by inserting the following new subclause immediately after subclause (4) —

(4A) The Cabinet Secretary shall in formulating regulations under subclause (4) adhere to treaties and conventions ratified by Kenya pursuant to Article 2(6) of the Constitution.

CLAUSE 16

THAT clause 16 of the Bill be amended in subclause (1) by deleting the words “with the respective county executive committee member” appearing immediately after the words “registered as a street vendor”.

CLAUSE 17

THAT clause 17 of the Bill be amended in subclause (5) by inserting the following new paragraph after paragraph (f) —

(fa) disability registration details for a street vendor with disability;

CLAUSE 21

THAT clause 21 of the Bill be amended –

(a) by inserting the following new subclause immediately after subclause (3);

(3A) A street vendor aggrieved by the decision of the county government in subclause (3) may apply to the county government for a review of the decision.

(b) in subclause (4) by deleting the words “relevant county tribunal” appearing immediately after the words “may appeal to the” and substituting therefor the words “appeals committee.”; and

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1228)

(4A) A vendor who is further aggrieved by the decision of the county tribunal under this section may seek judicial review of the committee’s decision.

CLAUSE 22

THAT clause 22 of the Bill be amended in subclause (2) by inserting the words “responsible for public health” immediately after the words “county executive committee member”.

CLAUSE 24

THAT clause 24 be amended by deleting subclause (1) and substituting therefor the following subclause —

(1) Every street vendor has the right within a vending zone and adjacent areas as may be determined by the county executive member, to access essential facilities of reasonable quality including but not limited to lighting and accessible sanitation and parking facilities.

CLAUSE 31

THAT the Bill be amended in clause 31 by deleting the words “one hundred thousand shillings” appearing immediately after the words “fine not exceeding” and substituting therefor the words “fifty thousand shillings”.

SCHEDULE

THAT the Schedule be amended in paragraph (1) by inserting the following new sub- paragraph immediately after sub-paragraph (c);

(ca) be prepared pursuant to National and county planning laws;

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1229)

E. ***THE SOCIAL PROTECTION BILL (NATIONAL ASSEMBLY BILLS NO. 12 OF

2025) (The Senate Majority Leader)

NOTICE is given that the Chairperson, Standing Committee on Labour and Social Welfare, intends to move the following amendments to the Social Protection Bill, 2025 (National Assembly Bills No. 12 of 2025) at the Committee Stage—

CLAUSE 5

THAT clause 5 of the Bill be amended in paragraph (d) by inserting the words “and gender responsive” immediately after the words “evidence based”.

CLAUSE 6

THAT clause 6 of the Bill be amended by inserting the following new paragraphs after paragraph(c)—

(ca) establish monitoring and evaluation systems to assess the impact, efficiency and sustainability of social protection interventions including collection and analysis of disaggregated data by sex, age, disability and other relevant characteristics; (cb) collaborate with non-state actors including non-governmental organizations and private sector entities to expand the reach and impact of social protection initiatives.

CLAUSE 30

THAT clause 30 of the Bill be amended in paragraph (c) by deleting the word "beneficiaries" appearing immediately after the words “the categories of” and substituting therefor the words "persons in need".

CLAUSE 31

THAT clause 31 of the Bill be amended—

(a) in subclause (1) by—

(i) deleting the words "A beneficiary or his" appearing before the words “representative may apply” and substituting therefor the words "A person in need or their"; (ii) inserting the words "in the prescribed manner" immediately after the words " social protection benefit".

(b) in subclause (2) by inserting the words "and may request for additional information where necessary" immediately after the words " benefit applied for";

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1230)

(4) If the applicant does not qualify for a social protection benefit provided under this Act, the Board shall notify the Applicant—

(a) that they do not qualify for social protection benefit under this Act; (b) the reasons why they do not qualify; and (c) of their right of appeal contemplated in clause 33 and of the mechanism and procedure to invoke such right.

(d) in sub-clause (5) by deleting the words “sixty days” appearing immediately after the words “writing within” and substitute thereof the words “fourteen days”.

CLAUSE 33

THAT clause 33 of the Bill be amended by deleting the words “in the first optional instance, to the Cabinet Secretary or” appearing immediately after the words “Board may appeal”.

CLAUSE 34

THAT clause 34 of the Bill be amended in subclause (1) by—

(a) deleting the word “and” appearing immediately after the words “form of discrimination in paragraph (c);” (b) inserting the following new paragraph immediately after paragraph (d)— (da) receive social protection benefits within a specified timeframe after approval of the benefits.

CLAUSE 39

THAT clause 39 of the Bill be amended by deleting the word “may,” appearing immediately after the words “The Board” and substituting thereof the word “shall”.

CLAUSE 40

THAT clause 40 of the Bill be amended—

(a) in subclause (1) by inserting the word "for" immediately after the words "singular database"; (b) in subclause (2) by deleting the words "for vulnerable individuals and households" and substituting therefor the words "of beneficiaries" in paragraph (a); and (c) by deleting paragraph (f).

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1231)

CLAUSE 44

THAT clause 44 of the Bill be amended by deleting the words “six months” appearing immediately after the words “a term not exceeding” and substituting thereof the words “two years”.

CLAUSE 48

THAT clause 48 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (d)— (da) the repayment of amounts overpaid or erroneously paid in respect of benefits.

CLAUSE 2

THAT clause 2 of the Bill be amended —

(a) in the definition of the word “Registry” by deleting the figure “36” appearing immediately after the words “established under section” and substituting thereof the figure “40”.

(b) by inserting the following new definitions in their proper alphabetical sequence —

“applicant” means a person who applies for social protection benefit under this Act on their behalf or on behalf of another person;

“household” means a person or group of persons living together as a single unit with a recognised head of unit;

“social protection benefit” means a social grant, social relief of distress or an additional payment contemplated under this Act;

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1232)

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.

…………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1233)

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.

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)— …………./Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1234)

(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

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1235)

G. *THE START-UP BILL (SENATE BILLS NO. 14 OF 2022)

(Sen. Crystal Asige, MP)

NATIONAL ASSEMBLY AMENDMENTS

NOTICE is given that the National Assembly made the following amendments to the Start-Up Bill (Senate Bills No. 14 of 2022).

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 a framework to support growth and sustainable technological development and transfer, innovative entrepreneurial culture; to create an environment for innovation; to attract talent and capital from Kenya; to recognise and to support startups, incubators, accelerators; and for connected purposes”

CLAUSE 2

THAT, clause 2 of the Bill be amended by —

(a) inserting the following definitions in proper alphabetical sequence—

Cap. 486. “accelerator” means a company, partnership, an establishment within an institution of higher learning or a formal or informal sector business association whose principal object is to offer short, time bound, and cohort-based programmes, to support the development of startups, innovation, and other activities related to the transfer of skills, research, development, and innovation processes and has been labelled as such under this Act;

“commercialization phase” means a startup process which includes production, marketing, financing and scaling up;

“conception phase” includes idea generation, evaluation, requirement analysis, project planning, prototyping, testing, piloting and proof of concept;

“Estate” means the Kenya Industrial Estates established under the Companies Act;

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1236)

“incubation programme” means the provision of systematic support to applicants such as access to training, mentorship, and other support services such as the establishment and transformation of enterprises that may be developed by either public or private institutions and executed by an accelerator or incubator;

“investor” means any individual or entity that contributes its resources or technical know-how to the development of startups for a reasonable return;

“label” means a certificate issued by the Agency to a startup, incubator, or accelerator upon the fulfilment of the labelling requirements under this Act;

“labelling” means the assigning of a tiered designation to startups, and the classification of incubators and accelerators in accordance with this Act;

“startup” means a registered enterprise legally recognized under the laws of Kenya, which has been in existence for a period of not more than ten years with a strong growth potential, incremental innovation or disruptive business model; “startup ecosystem players” means any entity that plays a role in —

(a) the conceptual phase that includes generation and evaluation of ideas, the process of analysing requirements, planning of projects, prototyping, testing, piloting a proof of concept; and

(b) the commercialization phase that includes production, marketing, financing and scaling up of ideas and proofs of concept;

“startup maturity framework’’ means a model developed by the Agency to assess the technology readiness levels of startups, and to assign them tiers for purposes of labelling, financing and graduation;

(b) deleting definition of “Cabinet Secretary” and substituting therefor the following definition-

“Cabinet Secretary” means the Cabinet secretary for the time being responsible for matters relating to micro, small and medium enterprises development; business innovation and incubation; and startups;

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1237)

(c) deleting the definition of “County Executive Committee Member”; (d) deleting the definition of “incubator” and substituting therefor the following definition —

“incubator” means a company, partnership, non-governmental organization, an establishment within an institution of higher learning or a formal or informal sector business association whose principal object is to support the birthing and development of Startups, innovation, and other activities related to the transfer of skills, research, development, and innovation processes, through the offer of dedicated physical or virtual spaces and advisory services and has been labelled as such under this Act;

(e) deleting the definition of “startup incubator”.

CLAUSE 3

THAT, clause 3 of the Bill be amended —

(a) in paragraph (c) by inserting the words “incubators, accelerators and investors” immediately after the word “startups”; (b) in paragraph (e), by deleting the word “and” appearing immediately after the word “startups;” (c) by inserting the following new paragraphs immediately after paragraph (f)— “(fa) for recognition of startups; (fb) for establishment, development, financial support and growth of startups; (fc) for catalysing the growth of the startup ecosystem through infrastructural enhancement, innovation and talent development, entrepreneurial culture growth and ecosystem coordination; (fd) for enhancement of private sector investments in startups and Kenya’s positioning in the global innovation and startup economy; and”

CLAUSE 4

THAT, the Bill be amended by deleting clause 4 and substituting therefor the following new clause— Role of the Agency and the Estate in implementation of the Act.

4. (1) The Agency and the Estate, shall develop a

framework for collaboration among the startup ecosystem players including the county governments.

(2) The Agency shall—

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1238)

(a) formulate a national policy framework for the development of the business incubation and acceleration sector and startup system; (b) promote innovation; (c) facilitate the transfer of technology innovation; (d) create and develop a sustainable, globally competitive technology innovation sector that contributes towards the accelerated growth of the economy; (e) promote the linkages between universities and research institutions and the business community. (f) enter into partnerships with local and international business incubators and accelerators in order to promote the establishment and growth of startups in Kenya; (g) establish programmes for the certification and admission of incubators and accelerators into the incubation programmes; (h) setup mechanisms that promote the development of business incubation programmes and create an enabling environment for the promotion of business incubators including fiscal and non-fiscal incentives to incubators and startups; (i) establish online and other platforms for access to information including the establishment and development of startups, existing incubation programmes, access to fiscal and non-fiscal support and for this purpose, keep and maintain a directory of startups and incubator; (j) support any research and development activities undertaken by startups; (k) establish mechanisms for pre-incubation of entities and for this purpose, provide training and capacity building programmes to startups registered under this Act; (l) establish mechanisms to enable access to entities from marginalized groups through the use of quotas or mechanisms that match them to unused capacity in existing programmes; and (m) establish structures that ensure the protection of the innovations of startups at the national and international level.

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1239)

(3) The Estate shall —

(a) develop a framework setting out modalities on funding for commercialization of startups; (b) support startups through partnerships/collaboration with relevant startup ecosystem players for commercialization of startups; (c) enter into partnerships to promote the startup ecosystem based on the startup maturity framework; (d) create an enabling environment for micro, small and medium enterprises to be innovative; (e) design and implement training and capacity building programs for startups, incubators, and accelerators in accordance with this Act; (f) ensure all persons irrespective of their sex, disability or ethnicity is afforded an equal opportunity to establish and benefit from their innovation; (g) promote the creation of employment and wealth creation; (h) establish a database of all commercialized startups; and (i) undertake any other function, which is incidental to the performance of any of the foregoing functions.

NEW CLAUSE 4A

THAT, the Bill be amended by inserting the following new clause immediately after clause 4—

Establishment and composition of the Startup Committee. 4A. (1) The Cabinet Secretary shall establish a multi-agency startup committee that shall comprise of technical persons from—

(a) Kenya National Innovations Agency; (b) Kenya Industrial Research and Development Institute; (c) Micro Small Enterprises Authority; (d) Kenya Industrial Estates; (e) Kenya Bureau of Standards;

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1240)

(f) Kenya Industrial Property Institute; (g) Institutions of Higher Learning, Technical, Vocation and Education Training Institutions; and (h) any other institution or person that the Cabinet Secretary may deem necessary for the implementation of this Act.

(2) The committee established under subsection (1) shall—

(a) develop standards and guidelines to regulate the relationship between an incubator and a startup under this Act; (b) prescribe a criteria for the evaluation of entities, programmes and structures set up for the purposes of implementing this Act. (c) receive, assess, and issue labels to startups; (d) receive, assess, and certify incubators and accelerators; (e) create guidelines for incubation programmes run by public agencies; (f) issue a framework for the establishment, revamping and operation of accelerators and incubation hubs in every county; (g) accredit startups; and (h) advise the Cabinet Secretary on offering of fiscal and non-fiscal incentives.

CLAUSE 5

THAT, the Bill be amended by deleting clause 5.

PART III

THAT, the title to PART III of the Bill be amended by deleting the words “REGISTRAR OF STARTUPS AND ADMISSION INTO INCUBATION PROGRAMME” and substituting therefor the words “LABELLING OF STARTUPS”.

CLAUSE 6

THAT, the Bill be amended by deleting clause 6 and substituting therefor the following new clause— Eligibility criteria.

Cap.486. Cap.490.

6. (1) An entity is eligible for labelling as a startup if the entity—

(a) is registered in Kenya as a —

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1241)

(i) private limited company under the Companies Act; (ii) co-operative society registered under Co-operative Societies Act; (iii) sole-proprietorship; or (iv) partnership firm; (b) is newly registered or has been in existence for a period of not more than ten years from the date of its incorporation or registration; (c) has as its objects the innovation, development, production or improvement and commercialization of innovative products, processes or services or if it is a scalable business model; (d) has human resources, total assets, and annual turnover number that does not exceed an amount prescribed by the Cabinet Secretary; (e) has its headquarters in Kenya; (f) does not distribute profits; (g) is fully owned by a citizen of Kenya or majority ownership by citizen or citizens of Kenya; (h) falls within the tiered structures as prescribed by the startup maturity framework; and (i) has at least fifteen percent of the expenses of the entity spent on activities that relate to research and development.

(2) This Act shall not apply to an entity that is — (a) established or formed as a result of the split, reconstruction, merger or reconstitution of an existing business; or (b) a holding company or subsidiary of an existing entity which is not labelled as a startup. (3) A startup labelled under this Act shall be granted access to the incentives provided under this Act.

CLAUSE 7

THAT, the Bill be amended by deleting clause 7 and substituting therefor the following new clause—

Registration of labelled startup.

7. (1) A person may apply to the committee to register a

labelled startup under this Act in the prescribed form.

(2) A person who applies under subsection (1) shall submit a statement setting out—

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1242)

(a) the name of the entity; (b) the general nature of the proposed business of the entity; (c) a declaration form stating whether an entity has complied with data protection laws; and (d) the proposed registered office of the entity; (3) The committee shall put in place mechanisms to ensure that the admission process is simple, efficient, accurate and transparent. (4) The committee shall establish an online platform for the submission of the documents and information specified under subsection (2). (5) The committee shall register and issues a label to a person who complies with the requirements specified in the regulations made under this Act.

CLAUSE 8

THAT, the Bill be amended by deleting clause 8 and substituting therefor the following new clause—

Obligations of labelled startups.

8. (1) A startup labelled under this Act, shall—

(a) provide information to the committee annually on its annual turnover; (b) maintain proper books of accounts; (c) provide an annual report on monies received to support their activities; (d) comply with any other obligations set out by the Committee after issuance of the label; and (e) provide any other information that may be required during the period.

CLAUSE 9

THAT, the Bill be amended by deleting clause 9.

CLAUSE 10

THAT, the Bill be amended by deleting clause 10.

CLAUSE 11

THAT, the Bill be amended by deleting clause 11.

CLAUSE 12

THAT, the Bill be amended by deleting clause 12.

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1243)

CLAUSE 13

THAT, the Bill be amended by deleting clause 13.

CLAUSE 14

THAT, the Bill be amended by deleting clause 14 and substituting therefor the following new clause—

Grounds for cancellation.

14. The startup committee may cancel a startup labelled

under this Act where — (a) there is reasonable cause to believe that the startup has among its objects the pursuit of an unlawful cause or purpose prejudicial to public interest; (b) the startup fails to comply with any directive issued by the startup committee to ensure compliance with the provisions of this Act; (c) the members of the startup fail to comply with the provisions of their constitution or rules or the provisions of this Act; (d) the startup fails to submit any information required under this Act or requested by the startup committee in order to ensure compliance with this Act; or (e) the startup submitted false information or statements at the time of labelling of the startup.

CLAUSE 15

THAT, the Bill be amended by deleting clause 15 and substituting therefor the following new clause— Notice of non- compliance.

15. (1) The Startup Committee shall, before cancelling a

startup under section 14, issue to the entity a compliance notice in the prescribed form.

(2) A compliance notice issued under subsection (1) shall— (a) be in writing; (b) notify the startup of the noncompliance and the steps it is required to take in order to ensure compliance; and (c) inform the entity of the period within which it is required to comply with the notice. (3) The Startup Committee may, upon request by the startup and where there are sufficient grounds shown by the startup, extend the period of compliance for such period as the startup committee may consider necessary to ensure compliance.

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1244)

Clause 16

THAT, the Bill be amended by deleting clause 16 and substituting therefor the following new clause—

Cancellation. 16. (1) Where a startup which receives a notice under section 15 fails to comply with such notice, the Startup Committee shall cancel that startup by— (a) cancelling its certificate of labelling; (b) notifying the startup in writing of— (i) the cancellation and the reasons for it; and (ii) the date on which the certificate of labelling was cancelled; and (c) amend the register accordingly. (2) Where a startup is cancelled under subsection (1), all the rights and benefits that accrue to the startup by virtue of being registered shall cease to accrue to the startup. (3) For purposes of this Act, cancellation of a startup under this section takes effect on the date on which the certificate of registration is cancelled by the Startup Committee.

CLAUSE 17

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

Application from an order of refusal or de- registration.

17. (1) A person who is aggrieved by the decision of the Startup

Committee under this Part may, within thirty days of being notified of the decision, apply to the Cabinet Secretary for a review of the decision. (2) An application for review shall be in such form as the Cabinet Secretary shall prescribe. (3) The Cabinet Secretary shall determine an application under subsection (1) within sixty days of receipt of the application under subsection (1) and may confirm, vary or reverse the decision under review.

CLAUSE 18

THAT, the Bill be amended by deleting clause 18 and substituting therefor the following new clause—

18. (1) The Startup Committee shall keep and

maintain a register of — (a) all startups registered under this Act specifying —

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1245)

(i) the name of the startup; (ii) the members of the startup; (iii) the address of the startup; (iv) such other particulars as the Startup Committee may from time to time determine; (b) all cancelled startups; and (c) all startups which have voluntarily cancelled under this Act.

(2) Any person may inspect the register and obtain a copy of, or an extract from the Startup Committee upon payment of such fee as the Startup Committee shall determine.

CLAUSE 19

THAT, the Bill be amended by deleting clause 19 and substituting therefor the following new clause—

Alteration of register.

19. (1) The Startup Committee, as the case may be,

may, from time to time, make changes or corrections in the register relating to any entry.

(2) Any change or correction in relation to an entry made pursuant to a notice issued by a startup shall be made to the Startup Committee as soon as it is practicable after receipt of an authenticated notification thereof.

CLAUSE 21

THAT, the Bill be amended by deleting clause 21 and substituting therefor the following new clause—

Change of particulars. 21.(1) A startup that makes a change to any of its particulars shall, within thirty days of such change submit to the Startup Committee information regarding the change. (2) Upon receipt of the information under subsection (1) and where the Startup Committee is satisfied that the change does not affect its status of registration as a startup, enter the changes in the register kept by the Startup Committee under this Act.

PART IV

THAT, the title to PART IV of the Bill be amended by inserting the words “AND ACCELERATORS” immediately after the word “INCUBATORS”.

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1246)

CLAUSE 24

THAT, clause 24 of the Bill be amended in subclause (1): (a) by deleting the words “registrar; and” appearing in paragraph (a) and substituting therefor the words “startup committee” and (b) by deleting paragraph (b).

CLAUSE 25

THAT, clause 25 of the Bill be amended—

(a) in subclause (1) by deleting the words “, in consultation with the county executive committee members, ” (b) in subclause (2) by deleting the words “ or a county executive committee member may, ”

PART V

THAT, the title to PART V of the Bill be amended by inserting the words “, INCUBATORS AND ACCELARATORS” immediately after the word “STARTUPS”

CLAUSE 27

THAT, clause 27 of the Bill be amended—

(a) by deleting subclause (1) and substituting therefor the following new sub- clause— “(1) The Cabinet Secretary shall, in consultation with the Cabinet Secretary responsible for finance, put in place measures for the granting of fiscal and non- fiscal incentives including tax incentives as shall be considered necessary for the development of startups.” (b) by deleting subclause (2).

NEW CLAUSE 27A

THAT, the Bill be amended by inserting the following new clauses immediately after clause 27— Incentives for labelled incubators and accelerators.

27A.) The Agency shall put in place measures to support incubators and accelerators and shall, for this purpose— (a) negotiate for tax concessions on the machinery or any other unique equipment to be used by incubators or accelerators; and (b) offer grants and aid for research, development, training, and expansion of projects taking place in the incubators or accelerators.

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1247)

Incentives for investors.

27B. (1) The Cabinet Secretary, in consultation with the Cabinet Secretary responsible for finance, may put in place measures to provide incentives to investors, including— (a) providing tax relief on investment and from capital gains tax; (b) providing tax relief in the event of loss of investment; (c) providing tax relief for organizations or companies who have made equity investments in startups; (d) providing tax relief for investors who invest in startups that have three- quarters of their staff as local employees; or (e) providing creation of a special visa for foreign direct investment.

General requirements on exemptions and deductions.

27C. A person is eligible for an exemption or a deduction provided for under this Act, where — (a) the exemption or deduction has been recommended by the Agency and approved by the appropriate government authority; (b) complies with conditions prescribed in this Act and the Regulations; and (c) public resources have been allocated to accommodate the exemption or deduction.

CLAUSE 30

THAT, clause 30 of the Bill be amended by deleting subclause (2).

NEW CLAUSE 30A

THAT, the Bill be amended by inserting the following new clause immediately after clause 30— Intellectual Property.

30A. (1) The Agency shall collaborate with Kenya Industrial Property Institute to— (a) maintain an online platform to facilitate intellectual property registrations, which shall contain relevant information on process, categories of registrable intellectual property and registration requirements; (b) provide training in intellectual property requirements to labelled startups;

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1248)

(c) simplify registration processes and facilitate assistance for the registration of patents and trademarks at both national and international levels; (d) make reasonable efforts to expedite intellectual property registration procedures, particularly for patents and trademarks which require several components; (e) design a financial support mechanism for labelled startups to support registration of intellectual property at the national and international level,; (f) develop model contracts for startups to use in their contractual relations with employees and contractors that detail intellectual property rights and ownership, including for code and application development, and provide access to expert consultations with experienced examiners to ensure compliance with administrative requirements and assist with instituting legal actions for IP infringements and ensure speedy resolution of all intellectual property disputes; (g) review domestic copyright laws to clarify that copyright protects source code and algorithms; and (h) cooperate with other relevant authorities to integrate prohibitions of forced technology transfer in bilateral investment and trade agreements with third parties.

CLAUSE 31

THAT, the Bill be amended by deleting clause 31.

NEW PART VA

THAT, the Bill be amended by inserting the following new PART immediately after clause 32—

PART VA- ESTABLISHMENT OF THE STARTUP FUND

Establishment of the Startup Fund 32A. (1) There is established a fund known as the Startup Fund, in accordance with the Regulations prescribed by the Cabinet Secretary. (2) The Cabinet Secretary shall make regulations to operationalize this section.

…………../Notice of Amendments

(No. SUPP. 072) THURSDAY, JULY 17, 2025 (1249)

Sources of the Funds. 32B. The source of the Fund shall consist of— (a) such monies as may be appropriated by the National Assembly for the purposes of the Fund; (b) such monies as may accrue to the Authority in the performance of its functions under this Act determined in regulations from the National Research Fund; (c) any grants, gifts, donations or other endowments given to Kenya National Innovation Agency, Kenya Industrial Estates and other startup ecosystem players including county governments; (d) such funds as may vest in or accrue to Kenya National Innovation Agency and Kenya Industrial Estates and other startup ecosystem players including county governments in the performance of its functions under this Act; and (e) any funds donated or lent to, or gift made to Kenya National Innovation Agency and Kenya Industrial Estates shall be disclosed to the National Assembly and made public before use.

CLAUSE 34

THAT, the Bill be amended by deleting clause 34 and substituting therefor the following new clause— Data protection.

Cap.411C.

34. The personal data concerning a startup,

incubator or accelerator, shall be processed only in accordance with the provisions of the Data Protection Act.

NEW CLAUSE 35

THAT, the Bill be amended by inserting the following new clause immediately after clause 34— General penalty.

35. (1) A person who commits an offence under this

Act for which no specific penalty is provided or who otherwise contravenes this Act shall, on conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding five years, or to both. (2) In addition to any penalty referred to in subsection (1), the Court may order or prohibit the doing of any act to stop a continuing contravention.

…………./Appendix

(No.072) THURSDAY, JULY 17, 2025 (1250)

APPENDIX

1. MESSAGE

Message from the National Assembly, on the passage by the National Assembly, of the Constitution of Kenya (Amendment) Bill (National Assembly Bills No. 4 of 2025).

(The Speaker of the Senate)

2. PAPERS

i) Report of the Standing Committee on Devolution and Intergovernmental Relations on its consideration of the Office of the County Attorney (Amendment) Bill (Senate Bills No. 47 of 2024).

(The Chairperson, Standing Committee on Devolution and Intergovernmental Relations)

ii) Report of the Parliament of Kenya Delegation to the 2025 Hearing of the Inter-Parliamentary Union (IPU) held at the United Nations (UN) in New York, United States of America (USA) on 13th – 14th February, 2025.

(Sen. Catherine Mumma, MP)

3. NOTICES OF MOTION

APPROVAL OF SENATE NOMINEES FOR APPOINTMENT TO THE

BOARD OF TRUSTEES FOR THE POST-SERVICE MEDICAL SCHEME

FOR MEMBERS OF PARLIAMENT

(The Senate Majority Leader)

THAT, pursuant to the Resolution of the Parliamentary Service Commission of 23rd June, 2025 with respect to the Trust Deed and Rules for Post-Service Medical Scheme for Members of Parliament, the Senate appoints Sen. Justice (Rtd.) Stewart Madzayo, EGH, MP, and Sen. Esther Okenyuri, MP to the Board of Trustees for the Post-Service Medical Scheme for Members of Parliament.

ii)

CONSIDERATION OF THE REPORT OF THE MEDIATION COMMITTEE

ON THE GAMBLING CONTROL BILL (NATIONAL ASSEMBLY BILLS

NO. 70 OF 2023)

(Co-Chairperson, Mediation Committee)

(No.072) THURSDAY, JULY 17, 2025 (1251)

iii)

REPORT OF THE PARLIAMENT OF KENYA DELEGATION TO THE

2025 HEARING OF THE INTER-PARLIAMENTARY UNION (IPU) HELD

AT THE UNITED NATIONS (UN) IN NEW YORK, UNITED STATES OF

AMERICA (USA) ON 13TH – 14TH FEBRUARY, 2025

( Sen. Catherine Mumma, MP)

THAT, the Senate notes the Report of the Parliament of Kenya Delegation to the 2025 Hearing of the Inter-Parliamentary Union (IPU) held at the United Nations (UN) in New York, United States of America (USA) on 13th – 14th February, 2025, laid on the Table of the Senate on Thursday, 17th July, 2025.

4. QUESTIONS AND STATEMENTS

a) Statement pursuant to Standing Order 52 (1)

Nominated Senator (Sen. Esther Okenyuri, MP) to make a Statement regarding the World Expo 2025, being held in Osaka, Japan from 13th April, 2025 to 13th October, 2025.

b) Statement Pursuant to Standing Order 57 (1)

The Senate Majority Leader to issue a statement on the business of the Senate for the week commencing Tuesday, 22nd July, 2025.

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..……. /Notice Paper

(No.072) THURSDAY, JULY 17, 2025 (1252)

NOTICE PAPER

Tentative Business for Tuesday, July 22, 2025 (Published pursuant to Standing Order 43 (1)

It is notified that the Senate Business Committee has approved the following tentative business to appear in the Order Paper for Tuesday, July 22, 2025.

A. BILLS AT THE SECOND READING STAGE

***THE TECHNOPOLIS BILL (NATIONAL ASSEMBLY BILL NO. 6 OF 2024)

(The Senate Majority Leader)

ii)

*THE COUNTY HALL OF FAME BILL (SENATE BILLS NO. 18 OF 2023)

(Sen. Miraj Abdillahi Abdulrahman, MP)

iii)

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL

(SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

iv)

*THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL

(SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

*THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)

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

(Sen. Kathuri Murungi, MP)

vi)

*THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE BILLS NO.

3 OF 2024)

(Sen. Ledama Olekina, MP and Sen. William Kisang, MP)

vii)

*THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE BILLS NO.

20 OF 2024)

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

B. MOTIONS

REPORT OF THE STANDING COMMITTEE ON JUSTICE, LEGAL AFFAIRS AND

HUMAN RIGHTS ON ITS CONSIDERATION OF THE SESSIONAL PAPER NO. 3

OF 2023 ON THE KENYA POLICY ON PUBLIC PARTICIPATION

(The Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights)

ii)

REPORT

OF

THE

STANDING

COMMITTEE

ON

DEVOLUTION

AND

INTERGOVERNMENTAL RELATIONS ON ITS INQUIRY INTO THE STATE OF

GOVERNANCE IN THE COUNTY GOVERNMENT OF GARISSA ARISING FROM

A STATEMENT SOUGHT BY SEN. HAJI ABDUL MOHAMMED, MP

(The Chairperson, Standing Committee on Devolution and Intergovernmental Relations)

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Published by the Parliament of Kenya — original source. Text read from the retained document on 13 Aug 2026.