NATIONAL ASSEMBLY

BILLS

FIRST READING

The Central Bank of Kenya(Amendment) Bill(NA Bills. 10 of 2021)- Hon. Gladys Wanga

SECOND READING

• The Narcotics, Drugs and Psychotropic Substances(Control)(Amendment) Bill(NA Bill No.27 of 2020)-Hon. Peter Mwathi
• The National Cohesion and Peace Building Bill(Senate Bill No. 35 of 2018)- Hon. Maina Kamanda
• The Kenya National Blood Transfusion Service Bill(NA Bill No.6 of 2020)-Hon. Sabina Chege
• The Waqf Bill(NA Bill No.73 of 2019)-Majority Leader Hon. Amos Kimunya
• The Social Assistance(Repeal)(NA Assembly Bill No. 16 of 2020)- Majority leader Hon. Amos Kimunya
• Assisted Reproductive Technology Bill, National Assembly Bill No. 34 of 2019-Hon Millie Odhiambo

COMMITTEE OF THE WHOLE HOUSE

The Public Fundraising Appeals Bill(NA Assembly Bill No. 66 of 2019)- Jeremiah Kioni

PAPERS LAID

The legal notice No . 54 of 2021 relating to the Public Finance Management , Equalization Fund and Administration, Regulation of 2021 and the explanatory Memorandum from the National Treasury and Planning.

Winding up of National Government Public Funds.

Reports on bills adopted at EA Legislative Assembly during the special sittings held on 25th September to 15th October 2020 in Arusha Tanzania.

Banks Commission 2020 from the central bank of Kenya.

Report on the committee of agriculture, tourism and natural resources with stakeholders on budgetary enhancement in the agricultural sector. 

Report to the committee on regional affairs and conflict resolution on the report of the council on the progress made by the EAC on the development of its common foreign and security policies.

Bills passed being the EAC supplementary appropriation no. b. Of 2020 and EAC appropriation bill of 2020.

The budget of the EAC for the financial year 2020-2021

Reports/Bills/Resolutions adopted at EA Legislative Assembly during its special sittings held on 6th to 26th of November 2020 in Arusha Tanzania. 

Reports adopted and tabled:reports on the committee of agriculture and Natural resource on the on sport assessment of the activities of Lake Victoria Basin Commission.

The EAC livestock bill 2019

The lake victoria basin commission bill of 2019

Reports on the committee on general purpose on consideration of the EAC Appropriation Bill 2020.

Reports from the Auditor General on Financial Statements in respect to the following institutions for the financial year ended 30th of June 2020 and the certificates therein

Reports of the Auditor-General and financial statements in respect to the following institutions for the year ended 30th June 2020 and the certificates therein

HOUSE PROCEEDINGS

IRRIGATION PROJECT

The Member of Parliament of Igembe Central drew the attention of the House to the following Petition:

• Article 42 (a) of the Constitution of Kenya provides for the protection of the environment through legislative and other measures for the benefit of the present & future generations. The Ecosystem requires all land in Kenya to be held, used and managed in a manner that is efficient, productive and sustainable, and in accordance with the principle of soil conservation and protection of ecologically sensitive areas.
• Article 69 compels the state to ensure sustainable utilization, management and conservation of the environment and natural resources to encourage public participation in management, protection and conservation of the environment. to protect genetic resources and biological diversity and to establish systems of environmental impact assessment, environmental audit and monitoring of the environment.
• That Several rivers in Igembe Constituency have been encroached upon by lawless individuals thereby significantly affecting river-water levels downstream.
• That the perpetual encroachment of water catchment areas and public land have negatively affected direct users of these resources.
• That the encroachment process is a problem to the Igembe Central constituency in the form of possibilities of drought, extreme floods, reduced afforestation, reduced vegetation cover, decline in water quality. 
• Despite assistance from the deputy County commissioner in Igembe Central and its office, efforts by the Igembe Central environmental conservation stakeholders and other authorities have not yielded any fruit.
• The matters raised in this petition are not pending in any court of law in Kenya.

He prayed that the National Assembly through the departmental committee on environment and natural resources do the following:

• Investigate the matter with a view of recommending the urgent recovery and repossession of the rivers at the water catchment areas that have been encroached upon in Igembe Constituency.
• Make any other recommendations that it deems fit in the circumstances of the petition.

The Speaker referred the petitioner to the Departmental Committee On Environment and Natural Resources.

The Central Bank of Kenya (Amendment) Bill, National Assembly Bill No. 10 of 2021 has been referred to the Departmental Committee on Finance and National Planning.

The committee reported to the House its consideration of the Public Fundraising Appeals Bill (National Assembly Bill No. 66 of 2019) and its approval thereof with amendments. The house agreed with the Committee in the said report.

The National Assembly resolved to reduce the publication period of the Finance Bill 2021 from 14 days to 6 days. It was read in Parliament for the first time.

Hon. Justus Mugali moved a motion on the formulation of Parliamentary Broadcasting Channels.

He stated that the existing contract between the Parliamentary Service Commission and KBC on the live coverage of proceedings of Parliament only covers plenary proceedings with limited time allocated, 12 hours a week for live coverage of both Houses and does not cover broadcast of proceedings of committee meetings.

He mentioned that currently the Parliamentary Broadcasting Unit only has one staff while the rest of the staff are employees of KBC, the contracted service provider. He continued to say that Kenyans would like to see their representatives at work and that it is against this background that they want television and radio stations that will have to follow a Member of Parliament where they are so that it’s known what they’re doing.

Hon. Jerusha Momanyi seconded the motion. She stated that one of the most misunderstood institutions in this country is Parliament and that the public feels that we are overpaid and we are underworking & this is because the work that each member does & the work we do collectively does not get to be seen by the public.

Hon. Gladys Wanga supported the move and urged that it happens quickly.

Hon. Godfrey Osotsi stated that 80% of the functions of an MP are undertaken within the committees and probably only 20% is what is done in the plenary and that is where they are misunderstood because they are only judged by what they do on the floor.

Hon. Sankok stated that private companies are using 30% of their earnings for publicity and did not see the reason why a lot is done in the House and those people who delegated their sovereignty don’t know what they are doing in terms of committees.

PETITIONS

Hon. William Chepkut has tabled a petition regarding safeguarding of public interest in the Climate Action Awareness Campaign to increase forest cover and fight against deforestation.

Petitioners prayed that the National Assembly through the Committee on Environment and Natural Resources, in consultations with the relevant government agencies, inquire into the possibilities of putting in place measures to:

• Eliminate climate change including reductions of greenhouse emissions and use of non-renewable energies and wanton destructions of our trees among others.
• Introduce national and county governments tree planting programmes that will include all roadsides and any other open spaces available for the project.
• Rally all institutions of learning to engage students in tree planting campaigns.
• Establish and determine priority areas and their projects to be undertaken as a national incentive by the government to involve regional, county and subcounty commissioners.

Hon. Omboko Milemba stated that the aspect of using schools as centers to plant trees is very good and will help increase forest cover.

Hon Milli Odhiambo said that what she would like the committee to look into is whether a way of inculcating this right from school can be found so that people start mitigating right from the school level. She also wanted to know what the government is doing in areas which are being anew because of the climate change. In her own constituency, flooding has never been a problem but now every few months now, they have to call the red cross. She encouraged the Committee to look into the deliberate programmatic plans the government has and budgetary allocations in areas severely affected because of flooding and climate change. 

Hon. Martha Wangari stated that what she wants to see is actual budgetary interventions in terms of improving because the link between climatic changes is directly related to the SDGs and the UN has picked it as an issue, in terms of contributing to poverty, disease, better living.

Hon. Mbalu Jessica Nduku, MP, Kibwezi East: Mr. Speaker I the undersigned on behalf of residents of Kibwezi Constituency, draw the attention of the house to the following:

• That the 4th Schedule of the Constitution assigns the responsibility of the protection of the Environment and Natural resources by the National Government. 
• Residents of Kibwezi East Constituencies continue to experience increased cases of attacks by elephants, and other wild animals resulting in loss lives and livestocks and destruction of crops and properties.
• That numerous cases of human-wildlife conflicts as well as the application for the compensation of victims that have been reported to the relevant authorities have been in vain.
• That most parts of Kibwezi’s constituency include schools bordering Tsavo East National Park, Tsavo West National Park and Kyulu Hills National Park remain unfenced thus making it easier for wild animals to stray out into the people’s farms and areas of residence.
• That learning in several schools in Kibwezi East constituency that border the aforementioned parks has been paralyzed at times for weeks on end due to invasion by wild animals. 
• The KWS wardens are evidently overwhelmed by the situation, resulting in delays in responding to distress calls from residents.

Petitioners prayed that the National Assembly through the Committee on Environment and Natural Resources intervenes with a view of ensuring that

The KWS expeditiously compensates victims and those affected for loss of lives and loss of livestock and destruction of crops and property

That it recommends that the KWS expeditiously erects an electric fence in all areas in which schools are located to mitigate the conflict.

The committee engages the KWS to ensure that perimeter fences are erected along the unfenced Tsavo East, Tsavo west and Kyulu Hills National Parks to ward off elephants and other wild animals that stray into human settlements.

That it intervene s through the relevant Ministry to facilitate KWS to increase the number of posts/camps in the area for efficient surveillance and quick response to distress calls whenever elephants stray to human settlements.

QUESTIONS

Hon. Michael Kingi asked the following questions directed to the  CS for Energy:

• What measures is the Ministry putting in place to ensure the family of the late Tinga Katana, a ten year old in Magarini Constituency, who died as a result of being electrocuted by a live electric cable on 15th April 2021?
• What disciplinary action does the Ministry plan to take on the officers of KPLC Malindi substation for negligence and unresponsiveness considering that the matter had been reported to KPLC severally prior to the incident?
• Could the CS give an undertaking that KPLC will urgently replace the said pole and all other disintegrating electric poles in Magarini constituency to avert the looming danger posed by these poles?

Hon. William Chepkut directed the following questions to the CS for Lands and Physicals Planning:

• What measures has the Ministry put in place to digitize land records at Eldoret County and subcounty levels to enable easier access to services related to land matters?
•  What specific affirmative and other measures is the government taking to assist residents of Ainabkoi Constituency to enable them secure their title deeds and livelihood through settlement and issuance of title deeds?

Hon. Kositany Caleb asked the following questions to the CS Education:

• Could the CS explain the criteria used to determine the teachers who receive enhanced house allowance in Nyeri Town Constituency?
• What are the reasons and/or circumstances that led to teachers from some schools such as Kilimara and Chania Primary schools and others receiving the said allowance which was then later withdrawn?

Hon. Kositany Caleb also asked questions directed to the CS Energy:

• Could the CS provide a report detailing the implementation status of the last mile connectivity programme in Soi Constituency?
• Could the CS also provide electrification plans for public institutions including public primary and secondary schools, which are yet to be connected to electricity dispensaries in Soi Constituency and indicate the status of electricity connectivity to the said institutions?
• Could the CS further provide the electrification plan intended to cover the following villages; Kapchorwa, Emngwen, Chemamul, Mararen, Simit, Dafur, Kaboch, Chelabalal, Chebosta, Kapkerek, Lalakin and Daraja Mbili Centre?

Hon. Majimbo Kalasinga directed the following questions to the CS Energy:

• What measures is the Ministry putting in place to ensure the compensation of Mwalimu Kennedy Simiyu who died as a result of electrocution by the live electric cables at Nalondo area, Kabuchai Constituency on 22nd April 2021during the repair exercise by KPLC staff who were using a motor vehicle registration number KBL 153G to pull the cable?
• When is the said compensation expected to be paid and could the CS provide the amount of money the family of the late is expected to receive from KPLC compensation for the negligence caused by their employees?

Hon. Benjamin Washiali directed the following questions to the CS Petroleum and Mining:

• Could the CS explain the cause of the constant increase in the price of petroleum products in the country?
• Could the CS provide justification for the said increase given that the retail petroleum countries, including the landlocked ones, are cheaper compared to the prices in Kenya?
• Could the CS provide details of the actions being put in place by the government, if any, to cushion citizens from the continued price increases of petroleum products particularly during the covid-19 pandemic period?

Hon. Mark Nyamita directed the following questions to the CS Education:

• Could the CS explain why there have been perennial delays in the disbursement of free secondary education funds by the Ministry to the public learning institutions in the country?
• Could the CS give the timelines when the said funds will be disbursed to the various institutions and give a calendar by termly basis?

Hon. Ojiambo Oundo directed the following questions to the Judicial Service Commission:

• Could the commission explain why the judiciary has been operating without a substantive Director of Finance for the past seven years? 
• Could the commission explain why the process of recruitment for the said position, which began seven years ago, is yet to be completed?
• Could the commission also provide an update on the implementation status of all the commission undertakings regarding the said recruitment in view of the various concerns of the Committee on Justice and Legal Affairs, Budget and appropriations committee and the public accounts committee of the national assembly regarding immediate filling of the said position?

Hon. Ouko Kaunya asked the following questions on behalf of Hon. John Waluke, directed to CS for Education:

• Could the CS explain the measures being put in place to mitigate challenges faced by public universities in the country due to inadequate funding, which has led to among other concerns, increased debts, failure to remit statutory dues from employees deductions and failure to meet other financial obligations?
• Could the CS also explain the continued funding of students in private universities at the expense of existing public universities?

Hon. Moses Injendi requested for a statement from the Chairperson, Departmental Committee on Education and Research regarding requirements and selection of students for intake to the teachers’ training colleges for diploma courses in the country.

Hon. John Paul Mwirigi sought a statement from the Departmental Committee on Trade, Industry and Cooperatives regarding cushioning of miraa farmers following closure of Miraa Market in Somalia.

Hon. Samuel Atandi requested a statement from the Departmental Committee On Administration And National Security regarding insecurity at Dundi Market, Alego Usonga Constituency.

Hon. Kangogo Bowen sought a statement from the Departmental Committee on Transport, Public Works and Housing regarding traffic control in Nairobi City. 

Hon. Rashid Amin sought a statement from the Committee on Defence and Foreign Relations regarding the conflict between Israel and Palestine.

STATUS OF THE CONSTITUENCY DEVELOPMENT FUND FOR THE FY 2020/2021

Hon. Wafula Wamunyinyi gave an update on the status of the Constituency Development Fund for the FY 2020/2021. He stated that fund allocation and receipts to date, for FY 2020/2021 which is Ksh 41.7148 billion has been received by the fund. 

Treasury disbursed Sh2 billion every week, between August 2020 and May 2021 but because of the challenges the country has had, it was not possible to continue disbursing in this manner.

Ksh 36 billion has been disbursed to constituencies while Ksh 1.365 billion has been disbursed to the board secretariat.

The board is in the process of disbursing at the moment Ksh 3.7148 billion which was received on 5th and 10th of May to wrap up the entire financial year allocation.

Ksh20 billion has been disbursed to constituencies against this financial year 2020/2021 budget allocation. Ksh 16,481,926,000 has been disbursed to constituencies with respect to balances for previous financial years.

He mentioned that if the disbursement does not conclude today, as of early next week, each member should have received Ksh 80 million in their kitty, on average.

He stated that names of constituencies and the amounts received by each have also been shared. 

He assured members that the balance of Ksh 13.7 billion which was captured in the supplementary budget will continue.

The CS for Treasury has assured the committee that the weekly disbursement of Ksh 2 billion will continue and by 30th June, these disbursements will have been concluded and each constituency will have received their share of the allocation of CDF.

Resumption of debate on the Law of Succession (Amendment) Bill. 

THE LAND (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 54 OF 2019) PROCEEDS TO THE THIRD READING.

ASSISTED REPRODUCTIVE TECHNOLOGY BILL, NATIONAL ASSEMBLY BILL NO. 34 OF 2019

Hon. Millie Odhiambo stated that currently in Kenya, Assisted Reproduction is not illegal, it is not unlawful, but there is no legal framework.

Hon. Peter Owino rose to second the Assisted Reproductive Technology Bill.

Hon. Nyamai Rachel Kaki-MP Kitui South stated that in the 11th parliament when she was the chair of the Health Committee, the bill came as a good bill. She stated that from the onset she supported the bill so that matters of assisted reproduction can be done in an ethical way.

Hon.Nyikal James-MP Seme stated that there is need to solve the infertility issues in families that are involved as it becomes so expensive because it’s done in hidden ways.He said that the bill establishes authority that sets the standards of practice as the processes are extremely critical.

The House adjourned.

SENATE

BILLS

FIRST READING

The Coffee Bill(Senate Bills No.22 of 2020)- Sen. Ndwiga Njeru

The object of the Bill is to provide for the development and regulation of the Coffee industry in Kenya. The Bill proposes to reorganize the coffee industry by transitioning the regulatory and commercial roles currently undertaken by the Agriculture and Food Authority to the coffee board of Kenya. It also seeks to transition the research of coffee currently undertaken by the Coffee Research Institute under the Kenya Agricultural and Livestock Research Organisation to the Coffee Research Institute.

The Natural Resources(Benefit Sharing Bill)(Senate Bills No.25 of 2020)-Sen. Agnes Zani

The Health Amendment Bill(Senate Bills No. 26 of 2020)- Sen. Abdullahi Ali

The Bill seeks to enhance the functions of the Kenya Health Human Resource Advisory Council in order to empower it to advise the national and respective county governments on health human resources.  

The Basic Education(Amendment) Bill(Senate Bills No.12 of 2021)- Sen. Beatrice Kwamboka

The Bill seeks to amend the Basic Education Act to ensure that school going children in Kenya are provided with milk. 

The Kenyan Sign Language Bill(Senate Bills No.5 of 2011)- Sen. Getrude Musuruve and Sen. Margaret Kamar

The objective of the Bill is to provide for the use of sign language in judicial proceedings, schools and public institutions to ensure that deaf learners are given the same opportunities as all other learners.

The County Vocational Education Training(Senate Bills No.6 of 2021)- Sen. Alice Milgo

The objective of the Bill is to put in place a legal framework to govern the establishment and management of vocational education and training with the county.

The Street Vendors(Protection of Livelihood Bill)(Senate Bills No.7 of 2021)

The County Hall of Fame(Senate Bills No. 9 of 2021)- Sen Kipchumba Murkomen

The Office of The County Printer Bill(Senate Bills No.13 of 2021)- Sen Petronilla Were Lokorio

The Disaster Risk Management Bill(Senate Bills No. 14 of 2021)- Sen. Mutula Kilonzo Jr. and Sen. Johnson Sakaja

The Law of Succession (Amendment) Bill(Senate Bills No. 15 of 2021)-Sen. Habshiro Hakale

The Prompt Payment Bill(Senate Bills No. 16 of 2021)- Sen. Farhiya Haji and Sen. Johnson Sakaja

SECOND READING

The Constitution of Kenya(Amendment) Bill, 2020- Senate Majority Leader Samuel Poghisio

The County Allocation of Revenue Bill (Senate Bills No.30 of 2021)- Sen. Charles Kibiru

The Mental Health(Amendment) Bill (Senate Bills No. 28 Of 2020)- Sen. Sylvia Kasanga

The Wildlife Conservation and Management(Amendment) Bill (Senate Bills No. 30 of 2020)- Sen. Johnes Mwaruma

The Community Health Services Bill (Senate Bills No.34 of 2020)- Sen. Agenes Zani

The Investment Promotion(Amendment) Bill (Senate Bills No. 2 of 2021)- Sen. Alice Milgo

The County Allocation of Revenue Bill (Senate Bills No. 30 of 2021)- Sen. Charles Kabiru

COMMITTEE OF THE WHOLE HOUSE

The Constitution of Kenya(Amendment) Bill, 2020- Senate Majority Leader Samuel Poghisio

THIRD READING

The Constitution of Kenya(Amendment) Bill, 2020- Senate Majority Leader Samuel Poghisio

PAPERS LAID

• Hotuba ya Mheshimiwa Suluhu Samia, Rais wa Jamhuri ya Muungano wa Tanzania akihutubia kikao cha pamoja cha Bunge la Seneti na Bunge la Taifa la Jamhuri ya Kenya, Nairobi, Tarehe 5 Mei, 2021.
• Report of the Committee on Agriculture, Tourism and Natural Resources of the East African Legislative Assembly on budgetary enhancement in the agricultural sector.
• Report of the Committee on Regional Affairs and Conflict Resolution of the East African Legislative Assembly on progress made by the East African Community on the Development of its Common Foreign and Security Policies.
• The East African Community Appropriation Bill, 2020. 
• The East African Community Supplementary Appropriation (No. 2) Bill, 2020.
• Budget of the East African Community for the Financial Year 2020/2021.
• Report of the Cabinet Secretary for the National Treasury and Planning to Parliament on New Loans Contracted by the Government of Kenya from 1st September, 2020 to 31st March, 2021.
• Report on the County Government’s Budget Implementation Review Report for the Financial Year 2019/2020.
• Report of the Cabinet Secretary for the National Treasury and Planning to Parliament on New Loans Contracted by the Government of Kenya from 1st September, 2020 to 31st March, 2021.
• Report of the Standing Committee on Finance and Budget on the Salaries and Remuneration Commission (Amendment) Bill (Senate
• Bills No. 31 of 2020).
• The Central Bank of Kenya Annual Report 2019
• Report of the Auditor General on the Financial Statements of Embu University for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of the County Executive of Kwale for the year ended 30th June, 2019.
• Report of the Auditor General on the Financial Statements of the County Assembly of Kwale for the year ended 30th June, 2019 
• Report of the Auditor General on the Financial Statements of the County Executive of Kirinyaga for the year ended 30th June, 2019 
• Report of the Auditor General on the Financial Statements of Kirinyaga County Assembly for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of County Executive of Marsabit for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of the County Assembly of Marsabit for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of the County Executive of Mombasa for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of the County Assembly of Mombasa for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of County Executive of Isiolo for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of County Assembly of Isiolo for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of County Executive of Busia for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of County Assembly of Busia for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of County Executive of West Pokot for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of County Assembly of West Pokot for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of County Assembly of Kakamega for the year ended 30th June, 2019
• Report of the Auditor General on the Financial Statements of County Executive of Kakamega for the year ended 30th June, 2019

MOTIONS

Debate on the address to Parliament by Her Excellency Samia Suluhu Hassan, President of the United Republic of Tanzania

Provision of colostomy bags to colon cancer patients and survivors in county hospitals.

Resumption of debate on the Constitution of Kenya (Amendment) Bill, 2020. 

Sen. Fatuma Dullo stated that the moment was historic in our country. She said that for her, it is normally very important to be on the positive side of history-making than to be on the negative side. 

She said that one of the issues that was raised was that counties that are going to be affected on the revenue allocation is the issue of increasing the number of years for the equalization fund, from 10 years to 20 years. Which was achieved. She added that one of the good things she feels was achieved as a House is the revenue increase to 35%. The Senate had really been pushing for the revenue increase.

She said that she had an issue with the one-man, one-shilling formula giving reasons that the implementation might be impractical and will affect certain counties.

Senator Ephraim Maina said that the Bill actually intends to mitigate some of the things that were not right and that those that are not right after the Bill will be handled later.

He said that he wanted to go on record over the following statements “Mt Kenya has not actually enjoyed any favoritism. If anything, Mt Kenya has been contributing, through their GDP, into the development of this country.”

He also stated that he is not sure whether the way the Bill has handled devolution will succeed. 

Senator Johnes Mwaruma was of the opinion that the National Park in Taita Taveta should be converted into a Game reserve so that the people of Taita Taveta can benefit.

He mentioned that the people of Taita Taveta also need to benefit from the minerals that are in abundance in Taita Taveta. He further stated that they have not even received royalties as per the Mining Act.

Senator Samuel Poghisio urged the House to support BBI so that it can go back to the people for a referendum.

The House voted as follows:

• Sen. Fatuma Dullo – YES
• Sen. Ali Abdullahi – YES
• Sen. Issa Juma – YES
• Sen. Mercy Chebeni – YES
• Sen. Samson Cherargei – NO
• Sen. Aaron Cheruiyot – NO
• Sen. Christine Gona – YES 
• Sen. Abdulkadir Haji – YES
• Sen. Farhiya Haji – YES
• Sen. Abshiro Halake – YES
• Sen. Hargura Godana – YES
• Sen. Iman Falhada – NO
• Sen. Imana Malachi – NO
• Sen. Gertrude Musuruve – YES
• Sen. Moses Kajwang – YES
• Sen. Margaret Kamar – YES
• Sen. Irungu Kang’ata – NO
• Sen. Sylvia Kasanga – YES
• Sen. George Khaniri – YES
• Sen. Charles Kibiru – YES
• Sen. Susan Kihika – NO
• Sen. Mutula Kilonzo Jr – YES
• Sen. Kimani Wamatangi – YES
• Sen. Ephraim Maina – YES
• Sen. Christopher Langat – NO
• Sen. Lelegwe Ltumbesi – NO
• Sen. Mithika Linturi – NO
• Sen. Anuar Loitiptip – NO
• Sen. Petronilla Were – YES
• Sen. Stewart Madzayo – YES
• Sen. Mahamud Mohamed – YES
• Sen. Beatrice Kwamboka – YES
• Sen. Cleophas Malala – YES
• Sen. Naomi Shiyonga – YES
• Sen. Michael Mbito – YES
• Sen. Ochillo Ayacko – YES
• Sen. Alice Milgo – YES
• Sen. Okong’o Mogeni – YES
• Sen. Gideon Moi – YES
• Sen. Philip Mpaayei – YES
• Sen. Beth Mugo – YES
• Sen. Kipchumba Murkomen – NO
• Sen. Agnes Kavindu – YES
• Sen. Paul Githiomi – YES
• Sen. Johnes Mwaruma – YES
• Sen. Isaac Mwaura – YES
• Sen. Mwinyihaji Faki – YES
• Sen. Nderitu Kinyua – YES
• Sen. Ndwiga Njeru – YES
• Sen. Rose Nyamunga – YES
• Sen. Ledama Olekina – YES
• Sen. Millicent Omanga – NO
• Sen. Sam Ongeri – YES
• Sen. James Orengo – YES
• Sen. Fred Outa – YES
• Sen. Judith Pareno – YES
• Sen. Samuel Poghisio – YES
• Sen. Victor Prengei – YES
• Sen. Johnson Sakaja – YES
• Sen. Mary Seneta – Abstain 
• Sen. Amos Wako – YES
• Sen. Enoch Wambua – YES
• Sen. Naomi Jillo – YES
• Sen. Moses Wetangula – YES
• Sen. Agnes Zani – YES

The final total votes are as follows:

• Ayes – 52
• Nays – 12
• Abstentions – 1

COMMUNICATION FROM THE CHAIR

The Chair says that he had urged the members to make a ruling on a number of matters which they consider to be pertinent for purposes of guiding the Senate in its disposal of the Bill.

He indicated that the second reading questions arose as to whether a bill to amend the Constitution introduced by a popular initiative such as the one before them can be amended and resultantly amendments can be proposed and admitted by the speaker for consideration by the senate and the committee of the Whole. 

The second issue was whether errors of form in the Bill could be corrected and if so, at what stage could they be done. 

He was of the view that having considered all the circumstances, the two questions, while novel in so far as the consideration of a Constitution of Kenya (Amendment) Bill by popular opinion, are not so complex as to require the kind of detailed or lengthy ruling he was invited to pronounce. He further stated that, the Constitution of Kenya Amendment Bill 2020 was prepared and processed pursuant to Art. 257 of the Constitution as a bill to amend the Constitution by way of popular initiative. 

He pointed out that with regard to consideration of the Bill by Parliament, Article 257 (7)(8)(9)(10) provides as follows; 

• if a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
• A Bill under this Article is passed by Parliament if supported by a majority of the members of each house. 
•  if Parliament passed the Bill, it shall be submitted in to the President to assent in accordance with Article 256 (4) and (5)

The Speaker went on to say that if either House of Parliament fails to pass the Bill, the proposed amendments shall be subjected to the people in a referendum.

He mentioned that from the foregoing, the questions raised by the Honorable senators emanate from the fact that Article 257, which is the only article governing the amendment of the Constitution by a popular initiative, does not expressly pronounce itself on whether Parliament in considering the Bill, may or may not amend it. This position is markedly different from the position accrued by the former Constitution of Kenya which hence immediately preceded the promulgation of the Constitution of Kenya 2010. He further stated that it is noteworthy, when considering the question the joint sittings of National Assembly and Senate JLAC found that Article 94 vests the legislative authority of the Republic in Parliament and that Parliament has the mandate to take any legislative action.

He stated that in appropriate circumstances, it is required to ensure that a constitutional amendment initiated under Article 257 achieves the objectives so as to prevent the sovereignty of the people as guaranteed under Article 1 of the Constitution. 

He further stated that Parliament like all other state organs is bound by the national values and principles of governance under Article 10 and that the Constitution itself has also provided for the manner of its interpretation at Article 259 (1)

The Speaker stated that he declined to approve the notices of proposed amendments to the Bill at the committee stage submitted to his office by Sen. Irungu Kang’ata, Sen. Enoch Wambua, Sen. Milicent Omanga and Sen. Samson Cherargei. He went ahead to say that the committee of the whole is a mandatory stage for any bill. A bill for an amendment of the Constitution by popular initiative is no exception as the committee stage is the forum at which the Senate is able to consider the Bill clause by clause in a detailed manner. As Senators are aware, the procedure in the committee of the whole is less rigid than that of Senate in plenary and permits.

 Hon. Kenneth Lusaka said that it is appropriate that the Speakers of Parliament correct formal errors or oversights without changing the substance of the bill without changing the substance of the bill before certification of the bill and submission to the President and that this would apply to those types of errors which the committees found as inadvertent errors in the copies of the bill, which were typographical in nature and which did not affect the substance of the bill.

The Chair stated that he received the copy of a special issue of the Kenya Gazette dated 10th May 2021 communicating the occurrence of a vacancy in a member of the Senate elected through a party list. In the gazette it was notified for the information of the general public that Pursuant to Art.103(1)(e)(i) and Section 37 of the Elections Act, the seat of the Member of the Senate elected under Art. 198(1)(d) and held by Sen. Isaac Mwaura had become vacant on 7th May 2021. He mentioned that the publication came to his notice for the first time during the lunch break.

He explained that that is why in the morning sitting, no issue was raised about the participation of Sen. Isaac Mwaura in the proceedings including voting on the Second Reading of the Constitution of Kenya (Amendment) Bill, 2020.

Sen. Aaron Cheruyiot responded stating that he is aware that there is a court decision against the said order.

VOTING: THE CONSTITUTION OF KENYA (AMENDMENT) BILL, 2020 (COMMITTEE OF THE WHOLE HOUSE)

The total votes were as follows:

Ayes – 51

Nays – 11

Abstentions – 1 

MOTION: ADDRESS BY HER EXCELLENCY SAMIA SULUHU HASSAN

Senate Majority Leader Sam Poghisio moved a motion on the debate on the address to Parliament by Her Excellency Samia Suluhu Hassan, President of the United Republic of Tanzania.

The motion was seconded by Kilifi Senator Stewart Madzayo.

Hearing and Determination Of The Proposed Removal From Office, By Impeachment Of Hon. Mohamed Abdi Mohamud, Governor Of Wajir County. 

The Senate adjourned until Tuesday 18th May 2021.