Thursday, June 05, 2025 At 2.30 P.m.

Thirteenth Parliament

Fourth Session (No. 057) (980)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FOURTH SESSION)

THE SENATE

ORDER PAPER

THURSDAY, JUNE 05, 2025 AT 2.30 PM

PRAYER

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages (as listed in the Appendix)
4. 4. Petitions
5. 5. Papers (as listed in the Appendix)
6. 6. Notices of Motion (as listed in the Appendix)
7. 7. Questions and Statements (as listed in the Appendix)
8. 8. MOTION - CELEBRATING THE LIFE OF PROF. NGŨGĨ WA THIONG'O

(Sen. Danson Mungatana, MP)

THAT AWARE THAT Prof. Ngũgĩ wa Thiong'o, a prominent author, academician and human rights defender, globally recognized for his foundational contributions to literature and good governance passed away on 28th May, 2025 at the age of 87;

COGNIZANT THAT the late Prof. wa Thiong’o had an illustrious career in writing and teaching literature spanning over 6 decades where he authored landmark novels, plays and poems that shaped postcolonial studies, contributed to social justice and inspired generations of writers and thinkers across the world;

APPRECIATING THAT the late Prof. wa Thiong’o advocated for indigenous languages and indeed took up writing in his mother tongue, at a time when it was not fashionable to do so;

FURTHER COGNIZANT THAT his legacy in inspiring many generations towards cultural sovereignty and the power of indigenous languages in literature and thought, led to numerous international awards being bestowed upon him; ………./Motions

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NOW THEREFORE the Senate expresses its deep sadness at the death of Prof. Ngugi wa Thiong’o, records its celebration and appreciation of his remarkable life, and extends its heartfelt sympathy and condolences to his family, friends and the nation.

(Resumption of debate interrupted on Wednesday, 4th June, 2025 – Afternoon Sitting) (Question to be put)

1. 9. MOTION – REPORT OF THE STANDING COMMITTEE ON FINANCE AND

BUDGET ON THE FOURTH BASIS FOR ALLOCATING THE SHARE OF

NATIONAL REVENUE AMONG COUNTIES

(The Chairperson, Standing Committee on Finance and Budget)

THAT, the Senate notes the Report of the Standing Committee on Finance and Budget on the Fourth Basis for Allocating the Share of National Revenue Among the Counties, laid on the Table of the Senate on Thursday, 17th April, 2025, and that pursuant to Article 217(1) of the Constitution, approves the Fourth Basis for Allocating the Share of National Revenue Among the Counties for the Financial Years 2025/2026 to 2029/2030 as follows-

County Allocation = (Baseline Allocation Ratio*Ksh.387.425 billion) + (Ksh. 2 billion shared equally among the identified 11 counties) + {[(0.45*Population Index) + (0.35*Equal Share Index) + (0.12*Poverty Index) + (0.08*Geographical Size Index)] *Additional County Equitable Share above Ksh. 389.425 billion}.

Where –

i. Baseline Allocation Ratio = The allocation factor derived from each County’s allocation for the Financial Year 2024/2025;

ii. The 11 identified counties are:- Elgeyo/Marakwet , Embu, Isiolo, Kirinyaga, Laikipia, Lamu, Nyamira, Samburu, Taita/Taveta, Tharaka- Nithi and Vihiga;

iii. The Population Index is based on the 2019 Kenya Population and Housing Census (KPHC);

iv. The Poverty Index is based on the 2022 Kenya Poverty Report by the Kenya National Bureau of Statistics (KNBS); and

v. Geographical Size is capped at 10%.

(Resumption of debate interrupted on Tuesday, 3rd June, 2025)

1. 10. ****THE BUSINESS LAWS (AMENDMENT) BILL (SENATE BILLS NO. 51 OF

2024) (The Senate Majority Leader)

(Second Reading) (Resumption of debate interrupted on Tuesday, 3rd June, 2025) (Mover to reply)

………./Bills

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

NO. 42 OF 2024)

(Sen. Tabitha Mutinda, MP)

(Second Reading) Resumption of debate interrupted on Wednesday, 4th June, 2025 – Afternoon Sitting) (Division)

1. 12. MOTION - REPORT OF THE STANDING COMMITTEE ON DEVOLUTION AND

INTERGOVERNMENTAL RELATIONS ON A PETITION TO THE SENATE BY

MR. LABAN OMUSUNDI CONCERNING THE BRANDING OF PUBLIC

PROJECTS WITH IMAGES OF GOVERNORS AND MEMBERS OF COUNTY

ASSEMBLIES (MCAs) AND BRANDING OF COUNTY VEHICLES (The Chairperson, Standing Committee on Devolution and Intergovernmental Relations)

THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on a Petition to the Senate by Mr. Laban Omusundi concerning the branding of public projects with images of Governors and Members of the County Assemblies (MCAs) and branding of county vehicles, laid on the Table of the Senate on Tuesday, 3rd June, 2025.

1. 13. 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.

1. 14. 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.

1. 15. 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 .........../Bills

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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.

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

(NATIONAL ASSEMBLY BILLS NO. 45 OF 2024)

(The Senate Majority Leader)

(Second Reading)

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

BILLS NO. 47 OF 2024)

(Sen. David Wafula Wakoli, MP)

(Second Reading)

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

NO. 52 OF 2024)

(Sen. Kathuri Murungi, MP)

(Second Reading)

1. 19. 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:

……………./Motions

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1. 1. develop and implement an automated Good Conduct certification system

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

1. 2. incorporate advanced technologies such as biometric fingerprint

recognition, data encryption, and secure communication protocols to ensure the accuracy of individuals' records;

1. 3. establish decentralized service points and deploys mobile registration

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

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

renewal process for the Certificate of Good Conduct.

1. 20. 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;

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

cost of living; and

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

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………../Notice

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NOTICE

The Senate resolved on 13th February, 2025 as follows: -

THAT, pursuant to Standing Order 111 (1), the Senate resolves that debate on a Motion not sponsored by the Majority or Minority Party or a Committee shall be limited in the following manner: -

A maximum of three hours with not more than twenty minutes for the Mover, twenty minutes for the Majority Party Official Responder, twenty minutes for the Minority Party Official Responder and fifteen minutes for each other Senator speaking and that fifteen minutes before the time expires, the Mover shall be called upon to reply.

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KEY

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

***- Denotes a National Assembly Bill

**- Denotes a Committee Bill

*- Denotes any other Bill

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

……………./Notice of Amendments

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NOTICE OF AMENDMENTS

MOTION – REPORT OF THE STANDING COMMITTEE ON FINANCE AND

BUDGET ON THE FOURTH BASIS FOR ALLOCATING THE SHARE OF

NATIONAL REVENUE AMONG COUNTIES

(The Chairperson, Standing Committee on Finance and Budget)

NOTICE is given that the Senator for Nyamira County (Sen. Okongo Mogeni, MP) intends to move the following amendment to the Motion on the Report of the Standing Committee on Finance and Budget on the Fourth Basis for Allocating the Share of National Revenue Among Counties.

THAT the Motion be amended by—

deleting the words “County Allocation = (Baseline Allocation Ratio*Ksh.387.425 billion) + (Ksh. 2 billion shared equally among the identified 11 counties) + {[(0.45*Population Index) + (0.35*Equal Share Index) + (0.12*Poverty Index) + (0.08*Geographical Size Index)] *Additional County Equitable Share above Ksh. 389.425 billion}.” appearing after the words “as follows-” and substituting thereof with the following words

“County Allocation = (Baseline Allocation Ratio*Ksh.387.425 billion) + (Ksh. 4.46 billion shared equally among the identified 11 counties) + {[(0.45*Population Index) + (0.35*Equal Share Index) + (0.12*Poverty Index) + (0.08*Geographical Size Index)] *Additional County Equitable Share above Ksh. 391.89 billion}.”

…………./Appendix

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APPENDIX

1. 1. MESSAGES

i) Message from the National Assembly on the decision of the National Assembly, on the President’s Reservations to the Conflict of Interest Bill (National Assembly Bills No. 12 of 2023).

ii) Message from the National Assembly on the decision of the National Assembly, on the Senate amendments to the Division of Revenue Bill (National Assembly Bills No. 10 of 2025).

(The Speaker of the Senate)

1. 2. PAPER

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)

1. 3. NOTICE OF MOTION - 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.

1. 4. QUESTIONS AND STATEMENTS

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

i) The Senator for Migori County (Sen. Eddy Oketch, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the formation of the Mining Police Unit to help curb illegal mining, smuggling and money laundering within the mining sector. …………./Appendix

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ii) The Senator for Migori County (Sen. Eddy Oketch, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the basis for the Cabinet decision to declare fourteen (14) minerals as strategic.

iii) The Senator for Migori County (Sen. Eddy Oketch, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the status of artisanal and small-scale mining in Kenya.

iv) The Senator for Migori County (Sen. Eddy Oketch, MP) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the failure by the Government to publish the findings of the aerial geophysical survey of Kenya’s mineral resources undertaken between the year 2019 and 2022.

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, 10th June, 2025.

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

……./Notice Paper

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NOTICE PAPER

Tentative Business for Tuesday, June 10, 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, June 10, 2025.

A. BILLS AT THE SECOND READING STAGE

i)

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

(Sen. Miraj Abdillahi Abdulrahman, MP)

ii) *THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL

(SENATE BILLS NO. 46 OF 2023)

(Sen. Johnes Mwaruma, MP)

iii) *THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL

(SENATE BILLS NO. 49 OF 2023)

(Sen. Lenku Ole Kanar Seki, MP)

iv) *THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)

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

(Sen. Kathuri Murungi, MP)

v) *THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE BILLS NO. 3

OF 2024)

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

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

20 OF 2024)

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

B. MOTIONS

i)

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. LABAN OMUSUNDI REGARDING THE

INTRODUCTION

OF

A

FRAMEWORK

FOR

RECALLING

NOMINATED

MEMBERS OF THE COUNTY ASSEMBLIES (MCAs) (The Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights)

ii)

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) …………./Notice Paper

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iii)

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)

iv)

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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