NATIONAL ASSEMBLY

Recess till Tuesday, November 9, 2021

SENATE

PAPERS LAID

The following papers were laid at the Table of the House among others:

• Report of the Committee on Labour and Social Welfare on the Status of Labour Migration to the Middle East and Proposed Policy Interventions.
• Amu Sand-dunes Groundwater Conservation Area Order, Legal Notice No. 206 of 2021.
• Kikuyu Springs Aquifer Groundwater Conservation Area Order, Legal Notice No. 207 of 2021.
• Dik Dik Gardens Wetland Groundwater Conservation Area Order, Legal Notice No. 208 of 2021.
• Ngarelen Springs Catchment Conservation Area Order Legal Notice No. 209 of 2021.
• Lake Kenyatta Sub-Catchment Conservation Area Order, Legal Notice No. 210 of 2021.
• Various reports of the Auditor-General on the Financial Statements of various institutions for the year ended June 30,  2019.

COMMUNICATION FROM THE CHAIR

Commencement of Part VI of the Fifth Session

The Speaker of the House welcomed the Senators from the short recess. The House will be commencing Part VI of the Fifth Session of the Senate which will run until Thursday, December 2, 2021. The Speaker noted that at the rise of the House on Thursday, October 21, 2021, the House had outstanding business across a spectrum of legislative business (Bills, Motions, Petitions and Statements). One Bill was scheduled for First Reading, 20 Bills were at the Second Reading stage and 12 Bills were due for the Committee of the Whole House. There are a further 23 Bills which are undergoing the concurrence process pursuant to Article 110(3) of the Constitution. The Speaker urged respective Standing Committees to table reports on the Bills to facilitate speedy processing.

He also noted that there are 50 Petitions which are yet to be reported on by respective Standing Committees that require immediate action while Statements referred to committees also require to be addressed pursuant to the Standing Orders. He also urged the House leadership to ensure that Senators are present to vote during divisions, and to prosecute their Bills, Motions and Statements in a timely manner.

The Equalization Fund Advisory Board

The Speaker informed the House on the nomination by the Senate of a Member of the Equalization Fund Advisory Board. On 19th August, 2021 vide a letter reference number IGFR/EF/01/TY/2, the National Treasury and Planning submitted to the Senate the Public Finance Management Equalization Fund Administration Regulations, 2021 for consideration.

The regulations were tabled in the Senate on Tuesday 7th September, 2021 in accordance with Standing Order No.221(2) and subsequently committed to the Sessional Committee on Delegated Legislation for further consideration. On Tuesday 28th, September 2021, the Chairperson of the Sessional Committee on Delegated Legislation laid on the Table of the Senate the report of the Sessional Committee on the Public Finance Management, the Equalization Fund Administration Regulations, 2021 and thereafter gave Notice of Motion for approval of the regulations pursuant to Section 205(4) of the Public Finance Management Act.

The Speaker is also in receipt of a letter dated 25th October, 2021 from the Cabinet Secretary, the National Treasury and Planning, calling for the nomination, by the Senate, of a member of the Equalization Fund Advisory Board in accordance with Paragraph 4(1)(e) of the Public Finance Management (Equalization Fund Administration) Regulations, 2021. The Equalization Fund Advisory Board is established under Paragraph 4 of the Regulations. The key functions of the Board are to-

1. Advise and make recommendations to the Cabinet Secretary on the distribution of resources for the provision of the basic services to the marginalized areas under Article 204 of the Constitution.
2. Appraise and evaluate projects proposed under the work plans submitted by county technical committees to ensure compliance with the Constitution and the recommendations issued by the Commission on Revenue Allocation (CRA).
3. Oversee, in consultation with the county governments, the implementation of the projects to ensure compliance with the Constitution.
4. Monitor and evaluate the projects implemented by county governments using equalization funds to determine their impact in addressing the factors contributing to the marginalization of the areas identified in the counties.

Paragraph 4 of the Regulations provides for the composition of the Board and the Senate is required, under Paragraph 4(1)(e), to nominate one person to serve in the Board. Thus, the Speaker directed the office of the Clerk to advertise the vacancy in the membership of the Board and upon the close of the application period, to transmit the names and all documents received from the interested persons to the Senate Standing Committee on Finance and Budget for short-listing and vetting.

MESSAGES

The Irrigation (Amendment) Bill, 2021

The house was informed of the passage of the Irrigation (Amendment) Bill (National Assembly Bills No.12 of 2021) by the National Assembly. The Bill was published vide Kenya Gazette Supplement No.65 of 16th April, 2021as a Bill concerning county governments in terms of Article 110(4) of the Constitution seeking to amend The Irrigation Act, 2019, to amongst other things expand the administration of irrigation matters to include management and regulation of irrigation matters. The National Assembly considered the Bill and passed the Bill with amendments and conveyed it to the Senate for consideration. The Bill will be proceeded with by the Senate in the same manner as a Bill introduced in the Senate by way of First Reading.

PETITIONS

The House was notified of the Petition by Mr. Fred O. Sagwe and other residents of Mombasa County concerning the introduction of the Chess Game in the School Curriculum as a tool for education and promotion of good health.

MOTIONS

Status of Labour Migration and Proposed Policy Interventions

The House adopted the Report of the Standing Committee on Labour and Social Welfare on the status of labour migration to the Middle East and proposed policy interventions laid on the table of the Senate, on Tuesday, 2nd November, 2021.

Senators to Serve in the Powers and Privileges Committee

The House adopted the Motion to rescind its resolution made on Thursday, 16th September, 2021 on the approval of Senators to serve in the Committee of Powers and Privileges.

Approval of Senators to Serve in Standing Committees

The House adopted the Motion that the resolutions of the Senate made on 14th December, 2017; 14th February, 2018; 21st February, 2018; 21st November, 2018; 20th March, 2019; 19th June, 2019; 28th April, 2020; and 24th June, 2020 on the approval of Senators to serve in various Standing Committees of the Senate, and approved the following Senators nominated by the Senate Business Committee to serve in Standing Committees of the Senate as follows-

1. Standing Committee on Energy – Sen. Haji Abdul Mohammed, MP to serve as a Member.
2. Standing Committee on Justice, Legal Affairs and Human Rights – Sen. Isaac Ngugi Githua, MP, to serve as a Member.
3. Standing Committee on National Security, Defense and Foreign Relations – Sen. Gideon Moi, CBS, MP to serve as a Member.

Kenya’s Stock of Public Debt

The Senate adopted the Report of the Standing Committee on Finance and Budget on the Status of Kenya’s Stock of Public Debt, laid on the Table of the Senate on Thursday, 14th October, 2021.

BILLS

First Reading

The following Bills underwent First Reading:

• The Kenya Medical Supplies Authority (Amendment) Bill (Senate Bills No. 53 of 2021) by Sen. Naomi Shiyonga, MP.
• The Irrigation (Amendment) Bill (National Assembly Bills No. 12 of 2021) by the Senate Majority Leader.
• The Election Campaign Financing (Amendment) Bill (Senate Bills No. 51 of 2021) by Sen. Ledama Olekina, MP.

Second Reading 

The following Bills came up for Second Reading:

• The Heritage and Museums Bill (Senate Bills No. 22 of 2021) by Sen. (Dr.) Alice Milgo, MP
• The County Oversight and Accountability Bill (Senate Bills No. 17 of 2021) by Sen. Ledama Olekina MP.
• The Intergovernmental Relations (Amendment) Bill, (Senate Bills No. 37 of 2021) by the Chairperson, Standing Committee on Devolution and Intergovernmental Relations.

STATEMENTS

The following Statements were raised on the floor of the House among others:

• The Senator for Makueni County, Mutula Kilonzo Jnr, sought a Statement on the directive by the Cabinet Secretary, Ministry of Sports, Culture and Heritage to the Sports Registrar to undertake an inspection of Football Kenya Federation (FKF) and disbursement and administration of funds from the Sports, Art and Social Development Fund during the Financial Year 2019/20 to date.
• Kericho Senator Aaron Cheruiyot sought a Statement from the Standing Committee on Labour and Social Welfare on the state of stadiums in our country.
• Kitui Senator Enoch Wambua sought a Statement from the Standing Committee on Education regarding the ongoing students’ unrest and rising cases of fires in secondary schools across the country.
• Nominated Senator Isaac Ngugi Githua sought a statement from the Standing Committee on Labour and Social Welfare concerning youth and special groups Access to Government Procurement Opportunities (AGPO) Programme as provided for in Article 55 of the Constitution of Kenya and the Public Procurement and Asset Disposal Act, 2015.
• The Senator for Nandi County, Samson Cherargei, sought a statement from the Standing Committee on Agriculture, Livestock and Fishery on the escalation of fertilizer in the country.
• The Senator for Narok County, Ledam Olekina, sought a statement from the Standing Committee on Labour and Social Welfare regarding the impending mass sacking of employees at the Kenya Medical Supplies Agency (KEMSA)
• The Senator for Bomet County, Dr Christopher Langat, sought a statement from the Standing Committee on Labour and Social Welfare regarding delayed staff salaries and other unfair labour practices by the Bomet Water and Sanitation Company Limited (BOMWASCO).
• The Senator for Machakos County, Agnes Muthama, sought a statement from the Standing Committee on Tourism, Trade and Industrialization regarding the liquidation of Drumvale Cooperative Society Limited.
• Power Purchase Agreements Between Kenya Power and Independent Power Producers: Sen. Cheruiyot requested for a Statement from the Standing Committee on Energy on the power purchase agreements between the Kenya Power and the IPPs. In the Statement, the Committee should-
  • State the number of companies that Kenya Power has signed power purchasing contractual agreements with.
  • Give the dates when the power purchasing agreements were signed and when these agreements come to an end.
  • State the cost at which Kenya Power procured electrical power from each of these IPPs and KenGen in the past 24 months and state the selection criteria used.
  • State the loading policy used in determining consumption times from each of the IPPs.
  • State targeted interventions the company has employed in mitigating the rising cost of electricity to households, businesses, factories and other consumers in the country.
• Award of Tenders by the National Treasury Under Specially Permitted Procurement Procedure. Sen. Cherargei sought a Statement from the Standing Committee on Finance and Budget regarding award of tenders by the National Treasury under the specially permitted procurement procedure. In the Statement, the committee should-
  • Appraise the Senate on the number and the nature of tenders for Government projects awarded for the FYs 2019/2020 and 2020/2021 under specially permitted procurement procedure.
  • Inform the Senate on the total amount of money committed to tenders awarded under the specially permitted procurement procedure for the two financial years.
  • Explain how the awarded tenders qualify as tenders in the public interest or interest of national security as contained in the procurement law in order for them to have been awarded under this special category.
  • State the role of state security agencies and organs in the award of such tenders.
  • List, if any, tenders for the Government projects under Private Public Partnership like Lamu Port South Sudan-Ethiopia-Transport (LAPSSET) Corridor Project that have been awarded through restricted tendering method for the FYs 2019/2020 and 2020/2021.
• Status of Preparedness for Upcoming General Elections by the IEBC: Sen. Wambua sought a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding the status of preparedness for the upcoming general elections by the Independent Electoral and Boundaries Commission (IEBC). In the Statement, the Committee should-
  • Outline the measures that the IEBC has put in place to guarantee a free, fair and credible general election in 2022.
  • State the firm that has been awarded the tender to print ballot papers and whether due process was followed, including due diligence before awarding the tender.
  • Explain circumstances that led to the IEBC signing a contract on electoral data collection and storage with a French firm without a clause on the right of access or transfer of data after the elections.
  • State the amount of money the IEBC has been paying to the contracted firm to access data for each by-election that has taken place after the 2017 General Elections.
  • Enumerate individuals and/or organizations, if any, that have the rights of access to the Kenyan electoral data.