Wednesday, May 14, 2025 At 9.30 A.m.

Thirteenth Parliament

Fourth Session (No. 044) (721)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FOURTH SESSION)

THE SENATE

ORDER PAPER

MORNING SITTING

WEDNESDAY, MAY 14, 2025 AT 9.30 AM

PRAYER

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages
4. 4. Petitions
5. 5. Papers
6. 6. Notices of Motion
7. 7. Questions and Statements (as listed in the Appendix)
8. 8. MOTION - REPORT OF THE PARLIAMENTARY DELEGATION TO THE 2024

JOINT

UNITED

NATIONS

–

INTER-PARLIAMENTARY

UNION

PARLIAMENTARY

HEARING

HELD

AT

THE

UNITED

NATIONS

HEADQUARTERS IN NEW YORK, UNITED STATES OF AMERICA FROM 8TH

TO 9TH FEBRUARY, 2024

(Sen. Veronica Maina, MP)

THAT, the Senate notes the Report of the Parliamentary Delegation to the 2024 Joint United Nations – Inter-Parliamentary Union Parliamentary Hearing held at the United Nations headquarters in New York, United States of America from 8th to 9th February, 2024 laid on the Table of the Senate on Tuesday, 17th September, 2024.

1. 9. MOTION - REPORT OF THE PROCEEDINGS OF THE PARLIAMENTARIANS’

DIALOGUE AT THE AFRICA CLIMATE SUMMIT, 2023 HELD IN THE

NATIONAL ASSEMBLY CHAMBER, PARLIAMENT BUILDINGS, NAIROBI ON

3RD – 6TH SEPTEMBER, 2023

(Sen. Moses Kajwang’, MP)

THAT, the Senate notes the Report of the Proceedings of the Parliamentarians’ Dialogue at the Africa Climate Summit, 2023 held in the National Assembly Chamber, Parliament Buildings, Nairobi, on 3rd – 6th September, 2023, laid on the Table of the Senate on Wednesday, 2nd October, 2024. …………../Motion

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1. 10. 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. 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

1. 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.

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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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…………../Appendix

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APPENDIX

QUESTIONS AND STATEMENTS

QUESTIONS

Question No. 057 Nominated Senator (Sen. George Mbugua, MP) to ask the Cabinet Secretary for Labour and Social Protection: a) Could the Cabinet Secretary provide an update on the reinstatement of the Disability Mainstreaming Indicator (DMI) in the Performance Contracting Guidelines for the current and future financial years?

b) What actions have been taken against the public institutions that failed to submit data on the employment of persons with disabilities as indicated in the 2024 Status Report on Disability Inclusion?

c) What measures have been put in place to ensure that the Public Service Commission assumes responsibility for enforcing the 5% requirement for the reservation and employment of persons with disabilities in all public institutions?

Question No. 065 Nominated Senator (Sen. Joyce Korir, MP) to ask the Cabinet Secretary for Co-operatives and Micro, Small and Medium Enterprises (MSMEs) Development:

a) Could the Cabinet Secretary outline any existing or new initiatives aimed at supporting women entrepreneurs to start and grow businesses?

b) What steps has the Ministry taken to raise awareness among marginalized and underprivileged women, particularly those in remote areas, on the availability of funding support for women entrepreneurs?

c) What has been the impact of the Hustler Fund on women entrepreneurs and how can it be enhanced to further promote women-led enterprises?

d) What economic barriers do women face in accessing financial resources and what strategies has the Ministry adopted to address and remove these barriers?

…………../Appendix

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Question No. 078 Nominated Senator (Sen. Karen Nyamu, MP) to ask the Cabinet Secretary for Co-operatives and Micro, Small and Medium Enterprises (MSMEs) Development:

a) Could the Cabinet Secretary indicate when the Deposit Guarantee Fund and the integrated digital lending platforms for cooperatives will become operational, and outline the measures in place to protect members' savings and to harmonize cooperative policies across counties to ensure a consistent policy framework and promote intergovernmental cooperation?

b) What measures are being implemented to ensure the timely remittance of members' contributions to Savings and Credit Co-operative Societies (SACCOs), especially in light of persistent financial mismanagement that, according to the Government, has resulted in Kshs. 600 million in unpaid SACCO deductions from county governments and universities?

c) What initiatives is the Ministry undertaking to foster the growth and resilience of youth- and women-led MSMEs amidst the current economic climate, and how are these programs aimed at improving their representation and benefits in the sector?

Question No. 022 The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to ask the Cabinet Secretary for Health:

a) Could the Cabinet Secretary explain the terms of engagement between personnel from the Ministry of Interior and National Administration and the Ministry of Health in the ongoing registration of Kenyans to the Social Health Insurance Fund (SHIF)?

b) What are the specific roles of the personnel in the registration process, and could the Cabinet Secretary indicate if they are receiving extra incentives, and if so, state the amount they are being paid per day?

c) Could the Cabinet Secretary clarify whether there are established guidelines for the operations of the personnel to ensure that vulnerable persons, particularly the poor and the elderly, are not coerced or unduly influenced to register for the programme?

…………../Appendix

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Question No. 030 The Senator for Kisumu County (Sen. (Prof.) Tom Ojienda, SC, MP) to ask the Cabinet Secretary for Health:

a) Could the Cabinet Secretary provide a comparative analysis of the financial implications and insurance package benefits of the three funds under Social Health Authority (SHA) vis-à-vis the defunct National Health Insurance Fund (NHIF) for individuals in the formal and informal sectors?

b) What is the justification for the mandatory migration of details of NHIF contributors to SHA, and could the Cabinet Secretary outline any measures put in place to ensure that data protection laws were not violated in the process?

c) Could the Cabinet Secretary explain the measures put in place to guarantee comprehensive, year-round health coverage for entire households to prevent the depletion of insurance package benefits by individual members?

d) What challenges at NHIF necessitated the transition to SHA, and could the Cabinet Secretary explain the rationale behind the establishment of the three health funds under SHA, namely the Social Health Insurance Fund, the Primary Healthcare Fund and the Emergency, Chronic and Critical Illness Fund?

Question No. 032 The Senator for Nairobi City County (Sen. Edwin Sifuna, MP) to ask the Cabinet Secretary for Health:

a) Why was the EduAfya Medical Scheme, which provided comprehensive medical insurance for secondary school learners under the National Health Insurance Fund (NHIF), discontinued under the current Social Health Insurance Fund (SHIF) programme?

b) What are the reasons for the Government’s failure to provide last expense compensation for Mr. Elias Majau M’lmuta, whose son, Master Robin Murimi Majau, a form three student at Kibera Secondary School, passed away on 9th September, 2022?

…………../Appendix

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Question No. 033 The Senator for Makueni County (Sen. Daniel Maanzo, EBS, MP) to ask the Cabinet Secretary for Health:

a) Could the Cabinet Secretary provide a detailed breakdown of the management and utilization of the Tobacco Control Fund, specifically outlining how funds have been received and allocated as stipulated by Section 7 of the Tobacco Control Act, 2007?

b) Could the Cabinet Secretary provide information on the measures the Ministry has put in place to improve transparency and accountability in the administration of the Tobacco Control Fund, and how it plans to address the recent assessments indicating insufficient progress in advancing tobacco control efforts in Kenya in light of the influx of oral nicotine pouches, e-cigarettes and such other products targeting the youth and children?

c) In light of the 2015 court case under Petition No. 143 on the constitutionality of the Tobacco Control Regulations, could the Cabinet Secretary provide details on how the Ministry has ensured compliance with the regulations, particularly regarding the solatium contribution from tobacco manufacturers and importers?

d) How is tobacco control being coordinated within the Ministry and across the country, especially in the context of devolution?

……………

………………/Notice Paper

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NOTICE PAPER

Tentative Business for

Wednesday, May 14, 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 Wednesday, May 14, 2025 (Afternoon Sitting).

A. BILLS AT THE SECOND READING STAGE

i)

*THE PROVISION OF SANITARY TOWELS BILL (SENATE BILLS NO. 7 OF

2024) (Division) (Sen. Gloria Orwoba, MP)

ii)

*THE SPORTS (AMENDMENT) BILL (SENATE BILLS NO. 33 OF 2024)

(Division) (Sen. Edwin Sifuna, MP)

iii)

*THE SPORTS (AMENDMENT) (NO. 2) BILL (SENATE BILLS NO. 45 OF 2024)

(Division) (Sen. (Prof.) Tom Ojienda, MP and Sen. Raphael Chimera, MP)

*THE CREATIVE ECONOMY SUPPORT BILL (SENATE BILLS NO. 30 OF

2024)(Division) (Sen. Eddy Oketch, MP)

iv)

*THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM

OFFICE) PROCEDURE BILL (SENATE BILLS NO. 34 OF 2024)

(Sen. Karungo Thang’wa, MP)

v)

*THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO. 39

OF 2024)

(Sen. George Mbugua, MP)

vi)

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

BILLS NO. 42 OF 2024)

(Sen. Tabitha Mutinda, MP)

vii)

*THE STREET NAMING AND PROPERTY ADDRESSING SYSTEM BILL

(SENATE BILLS NO. 43 OF 2024)

(Sen. Fatuma Dullo, MP)

B. BILLS AT COMMITTEE OF THE WHOLE STAGE

i)

*THE EARLY CHILDHOOD EDUCATION (AMENDMENT) BILL (SENATE

BILLS NO. 54 OF 2023)

(Sen. Eddy Oketch, MP) ………………/Notice Paper

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ii)

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

(The Chairperson, Standing Committee on Energy)

iii)

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

BILLS NO. 41 OF 2023)

(Sen. Esther Anyieni Okenyuri, MP)

C. MOTIONS

i)

CONSIDERATION OF THE REPORT OF THE STANDING COMMITTEE ON

HEALTH ON A PETITION TO THE SENATE BY MS. MERCY JEPCHIRCHIR

REGARDING

ALLEGED

MEDICAL

NEGLIGENCE

AND

STAFF

INCOMPETENCE WHICH LED TO THE DEATH OF MS. ANNITA JEPKORIR

AT THE MOI TEACHING AND REFERRAL HOSPITAL

(The Chairperson, Standing Committee on Health)

ii)

PROGRESS REPORT OF THE STANDING COMMITTEE ON DEVOLUTION

AND INTERGOVERNMENTAL RELATIONS ON THE OPERATIONAL AND

LEADERSHIP CRISIS AFFECTING THE COUNTY ASSEMBLY OF NYAMIRA

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

iii)

REPORTS OF THE STANDING COMMITTEE ON DEVOLUTION AND

INTERGOVERNMENTAL RELATIONS ON ITS INQUIRY INTO THE STATE

OF MARKETS IN VIHIGA AND BUNGOMA COUNTIES ARISING FROM A

STATEMENT SOUGHT BY SEN. GODFREY OSOTSI, MP AND SEN. DAVID

WAKOLI, MP

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

iv)

PROGRESS REPORT OF THE STANDING COMMITTEE ON NATIONAL

COHESION, EQUAL OPPORTUNITY AND REGIONAL INTEGRATION INTO

AN INQUIRY ON THE DIVERSITY AND INCLUSIVITY IN THE STAFF

COMPOSITION OF STATE AGENCIES IN KENYA

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

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