November 6, 2019 SENATE DEBATES 1 PARLIAMENT OF KENYA THE SENATE THE HANSARD Wednesday, 6th November, 2019 The House met at the Senate Chamber, Parliament Buildings, at 2.30 p.m. [The Speaker (Hon. Lusaka) in the Chair] PRAYER MESSAGE FROM THE NATIONAL ASSEMBLY PASSAGE OF BILLS BY THE NATIONAL ASSEMBLY The Speaker (Hon. Lusaka): Order, Hon. Senators. I wish to report that pursuant to Standing Orders 41(3) and (4), I have received the following Message from the Speaker of the National Assembly regarding the passage by the Assembly of the SACCO Societies (Amendment) Bill, (National Assembly Bills No.1 of 2018) and the Sectional Properties Bill (National Assembly Bills No.23 of 2019). One, the passage of the SACCO Societies (Amendment) Bill, (National Assembly Bills No.1 of 2018): Pursuant to the provisions of the Standing Orders 41(1) and 142 of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly. “WHEREAS, the SACCO Societies (Amendment) Bill, (National Assembly Bills No.1 of 2018) was published vide Kenya Gazette Supplement No.2 of 19th January, 2018, to provide for the registration and licensing of SACCO Societies as deposit taking, savings and credit cooperatives; AND WHEREAS, the National Assembly considered and passed the said Bill without amendments on Wednesday, 9th October, 2019, in the form attached hereto; NOW THEREFORE, in accordance with the provisions of Article 110(4) of the Constitution and Standing Order 41 of the National Assembly Standing Orders, I hereby refer the Bill to the Senate for consideration”. Two, passage of the Sectional Properties Bill (National Assembly Bills No.23 of 2019): Pursuant to the provisions of the Standing Orders 41(1) and 142 of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly. “WHEREAS, the Sectional Properties Bill (National Assembly Bills No.23 of 2019) was published vide Kenya Gazette Supplement No.35 of 29th March, 2019, to Disclaimer: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate. November 6, 2019 SENATE DEBATES 2 provide for the division of buildings into units to be owned by individual proprietors and common property to be owned by proprietors of the unis as tenants in common, and to provide for the use and management of units and common property and also address the contemporary challenges associated with the ownership of property; AND WHEREAS, the National Assembly considered and passed the said Bill with amendments on Wednesday, 9th October, 2019, in the form attached hereto; NOW THEREFORE, in accordance with the provisions of Article 110(4) of the Constitution and Standing Order 41 of the National Assembly Standing Orders, I hereby refer the Bill to the Senate for consideration”. Hon. Senators, Standing Order 157 requires that a Bill which originates in the National Assembly be processed by the Senate in the same manner as a Bill introduced in the Senate by way of First Reading, in accordance with Standing Order 139. I, therefore, direct that the SACCO Societies (Amendment) Bill, (National Assembly Bills No.1 of 2018) and the Sectional Properties Bill (National Assembly Bills No.23 of 2019) be read a First Time tomorrow Thursday, 7th November, 2019, I thank you. Next Order. PAPERS LAID Order, hon. Members! Chairman, Standing Committee on Labour and Social Welfare, proceed and lay your papers. (Loud consultations) Okay, it is deferred. Chairman, Standing Committee on Lands, Environment and Natural Resources, proceed and lay your papers. The Speaker (Hon. Lusaka): Okay, proceed. (Loud consultations) Order, Members! Sen. Prengei: Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday, 6th November, 2019: REPORT ON THE 8TH WORLD WATER CONFERENCE Report of the Standing Committee on Land, Environment and Natural Resources on the 8th World Water Conference held in Brasilia, Brazil, from 18th to 23rd March, 2018. REPORT OF THE 14TH AGM OF THE INTERGOVERNMENTAL FORUM ON MINING, MINERALS, METALS AND SUSTAINABLE DEVELOPMENT ON MODERN MINING LAW AND POLICY Disclaimer: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate. November 6, 2019 SENATE DEBATES 3 Report of the Standing Committee on Land, Environment and Natural Resources on the 14th Annual General Meeting (AGM) of the Inter-Governmental Forum on Mining, Minerals, Metals and Sustainable Development on Modern Mining Law and Policy held in Geneva, Switzerland, from 16th to 18th October, 2019. REPORT ON THE 18TH MEETING OF CITES OF WILD FAUNA AND FLORA CONFERENCE OF PARTIES Report of the Standing Committee on Land, Environment and Natural Resources on the 18th Meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Conference of Parties (CoP 18) held in Geneva, Switzerland, from 17th to 28th August, 2019. (Sen. Prengei laid the documents on the Table) (Loud consultations) The Speaker (Hon. Lusaka): Order, Members! Let us consult in low tones. Next Paper by the Senate Majority Leader. REPORTS ON FINANCIAL STATEMENTS OF SIAYA COUNTY EDUCATION BURSARY FUND The Senate Majority Leader (Sen. Murkomen): Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday, 6th November, 2019:- Report of the Auditor-General on the Financial Statements of Siaya County Education Bursary Fund for the Year ended 30th June, 2018. Report of the Auditor-General on the Financial Statements of Siaya County Education Bursary Fund for the Fifteen Months period ended 30th June, 2017. Thank you. (Sen. Murkomen laid the documents on the Table) The Speaker (Hon. Lusaka): Proceed, Sen. Faki. REPORT OF THE PARLIAMENT OF KENYA DELEGATION TO THE 64TH CPC Sen. Faki: Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Wednesday, 6th November, 2019 - Report of the Parliament of Kenya Delegation to the 64th Commonwealth Parliamentary Conference (CPC) held in Kampala, Uganda, from 22nd to 29th September, 2019. (Sen. Faki laid the document on the Table) Disclaimer: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate. November 6, 2019 SENATE DEBATES 4 The Speaker (Hon. Lusaka): Let us move to the next order. NOTICES OF MOTIONS Proceed, Chairperson of the Standing Committee on Labour and Social Welfare. An hon. Member: He is absent. The Speaker (Hon. Lusaka): It is deferred. NOTING OF REPORT OF THE 12TH SESSION OF THE CONFERENCE OF PARTIES TO THE CONVENTION ON THE RIGHTS PWDS THAT, the Senate notes the Report of the Standing Committee on Labour and Social Welfare on the 12th Session of the Conference of Parties to the Convention on the Rights of Persons with Disabilities held at the United Nations Headquarters in New York, USA from 11th to 13th June, 2019. (Notice of Motion deferred) The Speaker (Hon. Lusaka): Let us have the Chairperson or Vice Chairperson of the Committee on Land, Environment and Natural Resources. Sen. Prengei: Mr. Speaker, Sir, I beg to give the following Notices of Motions - NOTING OF REPORT OF THE 8TH WORLD WATER CONFERENCE THAT, the Senate notes the Report of the Standing Committee on Land, Environment and Natural Resources on the 8th World Water Conference held in Brasilia, Brazil from 18th to 23rd March, 2018. NOTING OF REPORT OF THE 14TH AGM OF THE INTERGOVERNMENTAL FORUM ON MINING, MINERALS, METALS AND SUSTAINABLE DEVELOPMENT ON MODERN MINING LAW AND POLICY THAT, the Senate notes the Report of the Standing Committee on Land, Environment and Natural Resources on the 14th Annual General Meeting (AGM) of the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development on Modern Mining Law and Policy held in Geneva, Switzerland from 16th to 18th October, 2018. NOTING OF REPORT OF THE 18TH MEETING OF CITES OF WILD FAUNA AND FLORA CONFERENCE OF PARTIES Disclaimer: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate. November 6, 2019 SENATE DEBATES 5 THAT, the Senate notes the Report of the Standing Committee on Land, Environment and Natural Resources on the 18th Meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Conference of Parties (CoP 18) held in Geneva, Switzerland from 17th to 28th August, 2019. I beg to move. The Speaker (Hon. Lusaka): Proceed, Sen. Faki. NOTING OF REPORT OF PARLIAMENT OF KENYA DELEGATION TO THE 64TH CPC Sen. Faki: Thank you, Mr. Speaker, Sir. I beg to give notice of the following Motion:- THAT, the Senate notes the Report of the Parliament of Kenya Delegation to the 64th Commonwealth Parliamentary Conference (CPC) held in Kampala, Uganda from 22nd to 29th September, 2019. The Speaker (Hon. Lusaka): Let us move to the next Order. Sen. Olekina: Mr. Speaker, Sir, we agreed. The Speaker (Hon. Lusaka): Okay, Sen. Olekina. We are back to Order No.6. EXERCISE BY DEPUTY GOVERNORS OF POWERS AND FUNCTIONS VESTED IN THE OFFICE OF THE COUNTY GOVERNOR IN THE ABSENCE OF THE GOVERNOR Sen. Olekina: Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion:- THAT, COGNIZANT that Article 179(4) of the Constitution designates the