Twelfth Parliament Fourth Session (No. 049) (686) REPUBLIC OF KENYA TWELFTH PARLIAMENT – (FOURTH SESSION) THE SENATE VOTES AND PROCEEDINGS THURSDAY, SEPTEMBER 17, 2020 AT 2.30 P.M. PRAYERS 1. The Senate assembled at thirty minutes past Two O’clock. 2. The Proceedings were opened with Prayer said by the Speaker. 3. PETITIONS Pursuant to Standing Order 232(2), the Chairperson, Standing Committee on Agriculture, Livestock and Fisheries presented the Report of the Standing Committee on Agriculture, Livestock and Fisheries on a Petition to the Senate by Mr. Isaack Mwangi Mugo and Mr. Njiraini Wanjohi, seeking the recognition of graduates of range management course to treat livestock diseases and offer related extension services. Pursuant to Standing Order 232(2), the Speaker allowed Senators to make comments or observations in relation to the Report. 4. PAPERS LAID The following papers were laid on the Table of the Senate- i. The National Police Service Commission Annual Report for the Financial Year2018/2019. (The Deputy Senate Majority Leader) ii. Report of the Standing Committee on Agriculture, Livestock and Fisheries on a Petition to the Senate by Mr. Isaack Mwangi Mugo and Mr. Njiraini Wanjohi, seeking the recognition of graduates of range management course to treat livestock diseases and offer related extension services. (Chairperson, Standing Committee on Agriculture, Livestock and Fisheries) iii. Report of the Committee established to consider the matter of the Third Basis for Allocating among the Counties, the share of national revenue. (No. 049) THURSDAY, SEPTEMBER 17, 2020 (686) (Sen. Moses Wetang’ula, MP) iv. Statement of the Senate Majority Leader on the business of the Senate for the week commencing Tuesday, 22nd September, 2020. (The Senate Majority Leader) 5. STATEMENTS i. Pursuant to Standing Order 47(1) Nominated Senator (Sen. Falhada Iman, MP) made a Statement on an issue of general topical concern, namely, the use of Chinese-owned social media application, Tik Tok. In the Statement, the Senator informed the Senate that there had been concerns regarding data privacy as it is alleged the application gathers information on the user’s country, internet address and type of device and, if allowed, it would also ascertain the user’s exact location, telephone contacts and other social media network connections as well as age and telephone number. The Senator expressed concern that this gathering of information was geared towards creating a profile of the user, and not targeting advertisements, as users presume. She stated that hackers, who could cause all sorts of harm to an individual, could access this data easily. The Senator further expressed concern that the application had created a culture of violence, hate speech, bullying and exchange of sexually explicit content which in some cases, were part of trending topics with millions of posts. This had raised ethical concerns about the application and had contributed negatively to the Kenyan society, especially during the COVID-19 pandemic period, when schools had remained closed for a long period of time. The Senator concluded by urging the Government of Kenya, in collaboration with the Chinese government, to come up with policy and legal framework to safeguard the metadata of Kenyans, that is being alleged to be collected by the application. ii. Pursuant to Standing Order 48(1) a) The Senator for Machakos County (Sen. Boniface Kabaka, MP) sought a statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the transfer of the Kenya Meat Commission (KMC) to the Ministry of Defence; b) The Senator for Wajir County (Sen. (Dr.) Abdullahi Ali, MP) sought a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the abduction and disappearance of members of the public. (No. 049) THURSDAY, SEPTEMBER 17, 2020 (687) iii. Pursuant to Standing Order 52 (1) The Senate Majority Leader issued a statement on the business of the Senate for the week commencing Tuesday, 22nd September, 2020. 6. SUSPENSION OF THE SENATE TO ENABLE SENATORS TO CONSULT ON THE WAY FORWARD REGARDING THE DETERMINATION OF THE THIRD BASIS FOR REVENUE ALLOCATION AMONG THE COUNTY GOVERNMENTS Raising a Point of Order, the Senator for Narok County (Sen. Ledama Olekina, MP) requested the Speaker to apply Standing Order No. 1 and suspend the sitting to allow Senators to consult on the way forward regarding the determination of the Third Basis for Revenue Allocation among the County Governments. Acceding to the request, the Speaker suspended the Senate at fifty minutes past Three O’clock to enable Senators to consult on the way forward regarding the determination of the Third Basis for Revenue Allocation Among the County Governments. 7. THE SENATE RESUMED - at forty-five minutes past Four O’clock. 8. NOTICE OF MOTION - APPROVAL OF THE THIRD BASIS FOR REVENUE ALLOCATION AMONG THE COUNTY GOVERNMENTS (Sen. Johnson Sakaja, MP and Sen. Moses Wetang’ula, MP) THAT, AWARE THAT under Article 217 of the Constitution, the Senate by resolution is required to determine the basis for allocating among the counties the share of national revenue that is annually allocated to the county level of government; FURTHER AWARE THAT, the Senate mandated the Standing Committee on Finance and Budget to consider the recommendations of the Commission on Revenue Allocation, and consulted the Cabinet Secretary responsible for Finance and the Council of Governors, among others and subsequently conducted public participation pursuant to Article 118(1)(b)of the Constitution, as documented in the report tabled in the Senate on Monday, 13th July, 2020; COGNIZANT that the matter of the Third Basis for allocating among the counties the share of national revenue that is annually allocated to the county level of government has evoked robust debate in the Senate and in the nation at large, leading to a series of consensus building initiatives; NOW THEREFORE THE SENATE RESOLVES that pursuant to Article 217 (1) of the Constitution, the ThirdBasis for allocating among the counties the share of national revenue that is annually allocated to the county level of government, for the Financial Years 2020/2021 to 2024/2025 shall consist of the Allocation Ratio and the Formula, where- (No. 049) THURSDAY, SEPTEMBER 17, 2020 (688) i) Allocation Ratio = the shareable revenue allocated to the counties in the financial year 2019/2020. ii) Formula= 0.18*Population Indexi+ 0.17*Health Indexi+0.10* Agriculture Indexi+ 0.05*Urban Indexi+0.14* Poverty Indexi+ 0.08*Land Area Indexi1+0.08*Roads Indexi +0.20* Basic Share Indexi 2. Where, Parameter Indicator of Expenditure Need Health Health index- health facility-gaps (20%), three years average number of services primary health care visits to levels 2 and 3 health facilities (60%) and three years average in-patient days in levels 4 and 5 hospitals (20%) Agriculture services Other county services Minimum share Land Roads Poverty level 1 Land Area capped at 7% 2The formula will use the 2019 population and 2015/16 KIHBS poverty statistics (No. 049) THURSDAY, SEPTEMBER 17, 2020 (689) Urban 풖풓풃풂풏 풉풐풖풔풆풉풐풍풅 풊풏 풄풐풖풏풕풚 풊 푼풓풃풂풏 푰풏풅풆풙 풊 = ퟒퟕ services ∑풊=ퟏ 푼풓풃풂풏 푯풐풖풔풆풉풐풍풅 풊풏 푪풐풖풏풕풚 풊 FURTHER THE SENATE RESOLVES that, the Third Basis for allocating among the counties the share of national revenue that is annually allocated to the county level of government for the financial years 2020/2021 to 2024/2025 shall be applied as follows- a) Equitable Share for 2020/21 County Allocation = Allocation Ratio + 0(Formula). b) Equitable share for 2021/2022 to 2024/2025 of Kshs.370 billion and above County Allocation = 0.5 (Allocation Ratio) + (((Equitable Share - 0.5 (Allocation Ratio))*(Formula)). PROVIDED that for the duration of the operation of the Third Basis for allocating revenue among the counties, no county shall receive in any financial year an amount of shareable revenue that is less than the amount of shareable revenue received by the county in the financial year 2019/2020. FURTHER THE SENATE RESOLVES, that pursuant to Article 217 (2) (b) of the Constitution the Commission on Revenue Allocation takes to account the Resolution of the Senate on the Third Basis for Revenue Allocation and the debate thereon and further take into account additional factors including pastoralism; the livestock sector; the blue economy; the extractive industries and wildlife and conservation in determining principles and parameters of equitable sharing of national revenue among the counties. 9. THE BASIC EDUCATION (AMENDMENT) BILL (SENATE BILLS NO. 10 OF 2020) (Sen. Beatrice Kwamboka, MP) Order for First Reading read; Bill read a First time and committed to the Standing Committee on Education. 10. THE KENYA CITIZENSHIP AND IMMIGRATION (AMENDMENT) BILL (SENATE BILLS NO. 12 OF 2020) (Sen. Irungu Kang’ata, MP) Order for First Reading read; Bill read a First time and committed to the Standing Committee on National Security, Defence and Foreign Relations. 11. THE COPYRIGHT (AMENDMENT) BILL (SENATE BILLS NO. 13 OF 2020) (Sen. (Dr.) Agnes Zani, MP) Order for First Reading read; (No. 049) THURSDAY, SEPTEMBER 17, 2020 (690) Bill read a First time and committed to the Standing Committee on Information and Technology. 12. THE COUNTY VOCATIONAL EDUCATION AND TRAINING BILL (SENATE BILLS NO. 14 OF 2020) (Chairperson, Standing Committee on Education) Order for First Reading read; Bill read a First time and committed to the Standing Committee on Education. 13. THE PERSONS WITH DISABILITIES (AMENDMENT)