twelfth parliament fifth session (no. 012) (085) republic

Twelfth Parliament Fifth Session (No. 012) (085)

REPUBLIC OF KENYA

TWELFTH PARLIAMENT – (FIFTH SESSION)

THE SENATE

VOTES AND PROCEEDINGS

THURSDAY, MARCH 04, 2021 AT 2.30 P.M.

PRAYER

1. The Senate assembled at thirty minutes past Two O’clock.

2. The Proceedings were opened with Prayer said by the Speaker. 3. COMMUNICATIONS FROM THE CHAIR

The Speaker conveyed the following Communications from the Chair:-

i) On holding of virtual sittings

“Honorable Senators, As you may be aware, several enquiries have been made by Senators on

various platforms on the holding of virtual sittings and specifically on whether or not all Senate sittings are virtual.

Let me start by reminding the House that in July, 2020 the Senate amended its Standing Orders to provide for virtual sittings primarily to

mitigate the risks posed by the COVID-19 pandemic. You will no doubt recall that subsequently, the first virtual sitting of the Senate was held in December, 2020.

Honorable Senators,

The Standing Orders define a virtual sitting and provides the circumstances under which virtual sittings may be held. Specifically,

Standing Order No. 2 defines a virtual sitting as- “a sitting of the Senate or meeting of a Committee of the Senate conducted through the use of a video link technology platform, and shall include-

(No. 012) THURSDAY, MARCH 04, 2021 (086)

(a) a hybrid sitting or meeting consisting of Senators who are physically present at the location of the sitting or meeting and Senators who participate in the sitting virtually from a remote location through the use of technology; or

(b) wholly virtual, where all Senators or members of a Committee

participate in a sitting or meeting of a Committee virtually from a remote location through the use of technology.”

Honorable Senators, Part XXIXA of the Standing Orders states that it applies to a sitting of the

Senate where a physical sitting is not possible, as the Speaker may, in consultation with the Senate Business Committee, determine. In

particular, Standing Order 251B (1) provides that-

“where the Speaker determines that a sitting of the Senate is to be held virtually, the Speaker shall issue a notice to all Senators specifying-

(a) the business to be transacted; (b) the date and time of the sitting; and (c) the online platform through which the sitting shall be conducted.”

The upshot of this is that a virtual sitting is an exception and not a normal event due to the prevailing circumstances which makes a physical

sitting not feasible.

Honorable Senators, This means that the circumstances have to be considered on a virtual

sitting in advance and a determination made on how the sitting will be convened and conducted and that is the reason I have been issuing

Guidelines pursuant to Standing Order 251A(4)on holding of virtual sittings including dissemination of log-in credentials.

I hope that this communication clarifies the matter.

I thank you.”

ii) On the Procedure Upon First Reading of the Constitution of Kenya

(Amendment) Bill, 2020 “Honourable Senators,

You will recall that I directed that the First Reading of the Constitution of Kenya (Amendment) Bill, 2020 be done today.

Standing Order 140 (1) of the Senate provides that a Bill, having been

read a First Time, shall stand committed to the relevant Standing Committee without Question put. In this case, and in line with the

(No. 012) THURSDAY, MARCH 04, 2021 (087) directives issued in my Communication yesterday, the Bill stands

committed to the Standing Committee on Justice, Legal Affairs and Human Rights. The Committee is required to hold joint sittings with the Departmental Committee on Justice and Legal Affairs of the National

Assembly on the Bill and undertake joint public hearings pursuant to Standing Order 224 of the Senate.

Honourable Senators,

In view of the importance and urgency of this Bill in our national discourse, I urge the two Committees to expeditiously consider the matter and give feedback to the Houses accordingly.

I thank you.”

4. PETITIONS

Pursuant to Standing Order 230(2) (a), Sen. Anwar Loititip, MP presented to the Senate a Petition by representatives of the White House Progressive

Community Based Organization and residents of Mavuno sub-location in Lamu County, concerning illegal encroachment of Land covering the villages of Pangani, Nyatha, Kaisari, Mavuno, Promoko and Widho in Lamu County

by M/S. Witu Livestock Cooperative Society. Pursuant to Standing Order 231, the Speaker invited Senators to comment

thereon and, subsequently, committed the Petition to the Standing Committee on Land, Environment and Natural Resources, pursuant to

Standing Order 232 (1).

5. PAPER

The following Paper was laid on the Table of the Senate-

Statement on the Business of the Senate for the week commencing Tuesday, 23rd March, 2021.

(The Senate Majority Leader)

6. STATEMENTS

a) Pursuant to Standing Order 47 (1)

Nominated Senator (Sen. (Dr.) Gertrude Musuruve, MP) made a statement on the Annual International Women’s Day (IWD) which is celebrated on the 8th of March every year.

Thereupon, the Senator stated that the International Women’s Day is

a global day celebrating the social, economic, cultural and political achievements of women. This day also marks a call to action for accelerating women’s equality in society.

(No. 012) THURSDAY, MARCH 04, 2021 (093) The Senator averred that although Africa had been slow in embracing

women leaders in politics, there has been an emerging group of female presidents and public figures, who had laid the foundation for future female leadership personalities in Africa. In this regard, the Senator

celebrated a number of female presidents in various African countries including, Hon. Ellen Johnson-Sirleaf of Laiberia, Hon. Joyce Banda

of Malawi and Hon. Sahle-Work Zewde of Ethiopia. Further, the Senator also celebrated the late Hon. (Prof.) Wangari Maathai, Hon (Prof.) Phoebe Asiyo, Hon. Charity Ngilu and Mrs. Mary Atieno who

have served in different leadership capacities in Kenya. The Senator also lauded the efforts of single mothers across the socio-

economic spectrum who are taking care of their children, providing for their needs, and being there for their families, as they play the dual

role of mother and father figure because of different circumstances. In so doing, the Senator pointed out the important roe women are playing in development including transformational, economic,

environmental and social changes required for sustainable development. The Senator argued that for this reason, women

empowerment not only benefits their families but also the society and the country’s overall economic productivity.

In conclusion the Senator wished everyone a happy International Women’s Day and urged Senators to endeavour to make a socio-economic impact in the lives of the women they interact with.

b) Pursuant to Standing Order 48 (1)

The Senator for Lamu County, (Sen. Anwar Loitiptip, MP) sought a statement from the Standing Committee on Agriculture, Livestock and

Fisheries regarding the Climate Smart Agriculture project in Lamu County.

c) Pursuant to Standing Order 52 (1)

The Senate Majority Leader issued a statement on the Business of the Senate for the week commencing Tuesday, 23rd March, 2021.

7. THE CONSTITUTION OF KENYA (AMENDMENT) BILL 2020 (The Senate Majority Leader)

Order for First Reading read;

Bill read a First Time and committed to the Standing Committee on Justice, Legal Affairs and Human Rights.

8. THE MENTAL HEALTH (AMENDMENT) BILL (SENATE BILLS NO. 28 OF 2020)

(Sen. (Arch.) Sylvia Kasanga, MP)

(No. 012) THURSDAY, MARCH 04, 2021 (094) Order for First Reading read;

Bill read a First Time and committed to the Standing Committee on Health.

9. THE PERSONS WITH DISABILITIES (AMENDMENT) BILL (SENATE

BILLS NO. 29 OF 2020) (Sen. (Dr.) Isaac Mwaura, MP and Sen. Aaron Cheruiyot, MP)

Order for First Reading read; Bill read a First Time and committed to the Standing Committee on

Labour and Social Welfare.

10. THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL (SENATE BILLS NO. 30 OF 2020) (Sen. Johnes Mwaruma, MP)


Bill read a First Time and committed to the Standing Committee on Land, Environment and Natural Resources.

11. THE SALARIES AND REMUNERATION COMMISSION (AMENDMENT)

BILL (SENATE BILLS NO. 31 OF 2020)

(Chairperson Standing Committee on Finance and Budget)


Bill read a First Time and committed to the Standing Committee on

Finance and Budget.

12. THE COUNTY LICENSING (UNIFORM PROCEDURES) BILL (SENATE BILLS NO. 32 OF 2020) (Sen. Mercy Chebeni, MP)


Bill read a First Time and committed to the Standing Committee on Tourism, Trade and Industrialization.

13. THE PARLIAMENTARY POWERS AND PRIVILEGES (AMENDMENT) BILL

(SENATE BILLS NO. 33 OF 2020)

(Sen. (Dr.) Agnes Zani, MP)


Bill read a First Time and committed to the Standing Committee on

Justice, Legal Affairs and Human Rights.


14. THE COMMUNITY HEALTH SERVICES BILL (SENATE BILLS NO. 34 OF

2020) (Sen. (Dr.) Agnes Zani, MP)


Bill read a First Time and committed to the Standing Committee on Health.

15. THE POLITICAL PARTY PRIMARIES BILL (SENATE BILLS NO. 35 OF 2020) (Sen. (Dr.) Isaac Mwaura, MP)


Bill read a First Time and committed to the Standing Committee on Justice, Legal Affairs and Human Rights.

16. THE NATIONAL FLAG, EMBLEMS AND NAMES (AMENDMENT) BILL,

(SENATE BILLS NO. 36 OF 2020 (Sen. Mutula Kilonzo Jnr., MP)

Order for First Reading read; Bill read a First Time and committed to the Standing Committee on

National Security, Defence and Foreign Relations.

17. MOTION - ADOPTION OF REPORT OF THE SESSIONAL COMMITTEE ON COUNTY PUBLIC ACCOUNTS AND INVESTMENTS ON AUDIT REPORTS FOR COUNTY EXECUTIVES FOR FINANCIAL YEAR 2014/2015 (1ST

JULY, 2014 TO 30TH JUNE, 2015) (Chairperson, Sessional Committee on County Public Accounts and

Investments) THAT this House adopts the Report of the Sessional Committee on County

Public Accounts and Investments on the consideration of the Audit Reports of the Bomet; Homa Bay; Isiolo; Kakamega; Kiambu; Laikipia; Kisumu; Mandera; Migori; Mombasa; Murang’a; Nandi; Nyeri; Samburu; Siaya; Tana

River; Tharaka Nithi; Trans Nzoia; Turkana and Wajir County Executives for the Financial Year 2014/2015 (1st July, 2014 to 30th June, 2015), laid

on the Table of the Senate on Thursday, 18th February, 2021. (Resumption of debate interrupted on Wednesday, 3rd March, 2021)

(Division)

Order deferred.

18. COMMITTEE OF THE WHOLE

Order for Committee read;


IN THE COMMITTEE

(Acting Chairperson of Committees (Sen. Judith Pareno, MP) – in the Chair)

The Mung Beans Bill (Senate Bills No. 09 of 2020)

Clause 3

Motion made and Question proposed;

THAT, Clause 3 be part of the Bill.

Clause 3 -vote deferred.

Clause 4 -amendment proposed THAT Clause 4 of the Bill be amended in the introductory clause by

inserting the words “in consultation with the Council of County Governors,” immediately after the words “the Authority”.

(Sen. (Canon) Naomi Waqo, MP on behalf of the Chairperson, Standing

Committee on Agriculture, Livestock and Fisheries) Clause 4 -vote deferred.

Clause 5 -amendment proposed

THAT Clause 5 of the Bill be amended in paragraph (k) by inserting the words “mung beans and” immediately after the words “management of”.

(Sen. Enoch Wambua, MP)

Clause 5 - vote deferred. Clause 6 -amendment proposed

THAT Clause 6 of the Bill be amended —

(a) by inserting the words “mung beans and” immediately after the words “production of” in the marginal note; and

(b)in sub-clause (2) by inserting the words “mung beans and” immediately after the words “stability of” in paragraph (c).


Clause 6 - vote deferred.

Clause 7 - amendment proposed

(No. 012) THURSDAY, MARCH 04, 2021 (097) THAT Clause 7 of the Bill be amended in sub-clause (2) by deleting

paragraph (g). (Sen. Enoch Wambua, MP)


Clause 8


THAT, Clause 8 be part of the Bill.


Clause 9 -amendment proposed

THAT Clause 9 of the Bill be amended in sub-clause (1) by deleting the

words “of mung bean or mung bean products unless the person has obtained a licence from the relevant county executive committee member”

appearing immediately after the words “large scale trading” and substituting therefor the words “in mung beans or mung beans products unless the person has obtained a licence from the relevant county government”.




THAT the Bill be amended by deleting Clause 10 and substituting

therefor the following new clause —

Application for licence.

10. (1) A person who intends to market, process or carry out large scale trading in mung beans or mung beans products shall make an application for a licence to

the county licensing committee in the form prescribed by the county executive committee member.

(2) The county licensing committee shall notify an applicant of the decision on an application for a licence

within twenty-one days. (3) A county government may enact county legislation

setting out— (a) the criteria for the issuance of a licence within the

respective county;

(b) information required to be submitted by an applicant for a licence under this Act;

(No. 012)

THURSDAY, MARCH 04, 2021 (098)

(c) the process of determination of an application for

a licence under this Act;

(d) the process of application for the renewal of

licences under this Act; and

(e) such other matters as the county government may consider necessary for licensing in the respective county.

(4) In enacting legislation under subsection (3), a

county government shall take into account the need to

ensure that—

(a) the licensing procedures are simple, accessible and do not impose an undue burden on an applicant;

(b) information regarding the application

requirements and procedure is readily available and accessible to an applicant;

(c) the application process is cost effective; and

(d) the licensing process is efficient and

transparent and that feedback is submitted to an applicant in a timely manner.


Clause 10 - vote deferred

Clause 11 - amendment proposed THAT clause 11 of the Bill be amended by deleting the words “county

executive committee member” appearing at the beginning of the introductory clause and substituting therefor “county licensing committee”.


Clause 11 - vote deferred


THAT clause 12 of the Bill be amended—

(a) in sub-clause (1) by the deleting the words “A county executive committee member” appearing at the beginning of the sub-clause and

substituting therefor the words “A county licensing committee;


(b) in sub-clause (2) by deleting the introductory clause and substituting

therefor the following introductory clause—

(2) A county licensing committee shall not cancel a licence issued

under this Act unless the county licensing committee—

(c) by deleting sub-clause (4) and substituting therefor the following new subclause —

(4) A county licensing committee may, upon request by a holder of a licence, extend the timeline for compliance under subsection (3)(c) for such period as the county licensing committee may consider

necessary.

(5) in sub-clause (6) by deleting the words “A county executive committee member” appearing at the beginning of the sub-clause and substituting therefor the words “A county licensing committee.




THAT Clause 13 of the Bill be amended —

(a) in sub-clause (1) by deleting the word “Authority” appearing

immediately after the words “apply to the ” and substituting therefor the words “the county executive committee member”;

(b) in sub-clause (3) by deleting the word “Authority” appearing immediately after the word “The” and substituting therefor the words

“county executive committee member”;

(c) by inserting the following new sub-clause immediately after sub-clause

(3) -

(4) A person who is aggrieved by the decision of the county

executive committee member may, within thirty days of the decision, appeal to the High Court.

(Sen. (Canon) Naomi Waqo, MP on behalf of the Chairperson, Standing

Committee on Agriculture, Livestock and Fisheries)

Amendment withdrawn -

Further amendment proposed

THAT the Bill be amended by deleting Clause 13 and substituting therefor the following new clause—


Appeal. 13. (1) A person who is aggrieved by the decision of

a county licensing committee under this Act may, within thirty days of being notified of the decision, appeal to the county executive committee member.

(2) An appeal to the county executive committee member shall be in such form as may be prescribe in the county legislation.

(3) The county executive committee member shall

determine an application under subsection (1) within

sixty days of receipt of the application and may confirm, vary or reverse the decision of the county licensing

committee. (4) A person who is aggrieved by the decision of the

county executive committee member may, within thirty days of the decision, appeal to the High Court.


Clause 13 -vote deferred.

Clauses 14 – 20

Motion made and Question proposed-

THAT Clauses 14 - 20 be part of the Bill.

Clause 14 – 20 - vote deferred.

Clause 21 - amendment proposed THAT Clause 21 of the Bill be amended by deleting the words “by the

Authority as the case may be,” appearing immediately after the words “issued or made”.

(Sen. (Canon) Naomi Waqo, MP on behalf of the Chairperson, Standing Committee on Agriculture, Livestock and Fisheries)


New Clauses 9A - insertion of New Clauses proposed THAT the Bill be amended by inserting the following new clause immediately

after clause 9 —


County

licensing committee.

9A. (1) Each county executive committee member

shall, for the effective performance of section (9), establish a county licensing committee.

(2) A county licensing committee shall consist of the—

(a) a chairperson;

(b) one person representing growers of mung

beans in the respective county; and

(c) three public officers in the department

responsible for agriculture with relevant experience in matters relating to agriculture.

(3) The chairperson and member under subsection

(2) (a) and (b) shall be competitively recruited by the county

public service board and appointed by the county executive committee member.

(4) The county executive committee member shall

appoint the persons in subsection (2) (a) and (b) by notice

is the county gazette. (Sen. Enoch Wambua, MP)

New Clauses 9A - voted deferred.

New Clauses 9B - insertion of New Clauses proposed

THAT the Bill be amended by inserting the following new clause immediately after clause 9 —

Qualifications for

appointment.

9B. A person shall be qualified for appointment as a member of the county licensing committee under

subsection (2)(a) and (b), if that person—

(a) holds a degree from a university recognised in Kenya;

(b) has at least five years’ experience in the agricultural sector; and

(c) meets the requirements of Chapter Six of the Constitution.


New Clauses 9B -voted deferred.

(No. 012) THURSDAY, MARCH 04, 2021 (097) New Clauses 9C -insertion of New Clause proposed

THAT the Bill be amended by inserting the following new clause immediately after clause 9 —

Term of appointment.

9C. A person appoint under section 9A (2) (a) and (b) shall serve for a term of three years renewable for one further term.

(Sen. Enoch Wambua, MP) New Clauses 9C -vote deferred.

Clause 2, the Title and Clause 1

Motion made and Question proposed-

THAT Clause 2, the Title and Clause 1 be part of the Bill Clause 2, the Title and Clause 1 - vote deferred.

Progress Report

Motion made:-

THAT, the Committee of the Whole do report to the House its consideration of the Mung Beans Bill (Senate Bills No. 9 of 2020) and seek leave to sit again tomorrow.


Before the Question was put and pursuant to Standing Order 79 (1) the Acting Chairperson (Sen. Judith Pareno, MP) ruled that the Motion did not affect counties.

Question put and agreed to.

19. THE HOUSE RESUMED – Temporary Speaker (Sen. Sen. Judith Pareno, MP) - in the Chair

20. THE MUNG BEANS BILL (SENATE BILLS NO. 9 OF 2020)

Progress reported;

Motion made and Question proposed:-

THAT, the Senate do agree with the Committee of the Whole in the said

report.



There being no Senator wishing to contribute;

Before the Question was put and pursuant to Standing Order 79 (1) the Temporary Speaker (Sen. Judith Pareno, MP) ruled that the Motion did not

affect counties.

Question put and agreed to.

21. MOTION - PROVISION OF MONTHLY STIPEND AND OTHER SUPPORT

SERVICES TO CANCER PATIENTS IN IDENTIFIED COUNTY HOSPITALS Order read;


THAT AWARE THAT, in Kenya, cancer is estimated to be the third leading cause of death after infectious and cardio-vascular diseases, with the annual incidence of cancer closing in on 37,000 new cases with an

annual mortality of 28,000;

FURTHER AWARE THAT, the economic impact of cancer is significant, and is increasing with staggering consequences occasioned by increased medical costs, lost income, and the financial, physical and emotional

burden placed on families and caregivers during treatment time; ACKNOWLEDGING THAT, while Kenya is among the state parties that

signed and ratified the Abuja Declaration that affirmed that state parties shall set aside at least 15% of their annual budget to improve the health

sector, and that Article 43(1)(a) of the Constitution of Kenya states that everyone has a right to the highest attainable standards of health;

NOTING THAT, the Ministry of Health has put in place the National Cancer Control Strategy (2016-2020) aimed at implementing a coordinated and

responsive cancer control framework that leads to the reduction in incidence, morbidity and mortality through effective partnerships for collaborations for prevention, diagnostics, treatment, palliation and

financing of cancer control activities to improve wellbeing of Kenyans; CONCERNED THAT, gaps in the existing legislative framework such as

discriminatory practices in the form of coverage limits and bureaucracies by the National Hospital Insurance Fund (NHIF) and private insurance

firms that result in delayed diagnosis, incomplete cancer treatments and inadequate follow-ups that contribute to poor outcomes for cancer patients;

NOW THEREFORE, the Senate calls upon the Ministry of Health in partnership with the Council of Governors to-

(i) Incorporate county cancer support services in their annual development plan;


(ii) Partner with stakeholders to create support including

counseling services; and

(iii) Provide cancer patients with free prescriptions, wigs for those

who have lost their hair, improvised breasts where applicable, and a subsidy for prostheses.

(Sen. (Dr.) Gertrude Musuruve Inimah, MP – 03.03.2021)

Debate interrupted on Wednesday, 3rd March, 2021 resumed; And there being no other Senator wishing to contribute;

The Mover replied;

Before the Question was put and pursuant to Standing Order 79 (1) the Temporary Speaker (Sen. Judith Pareno, MP) ruled that the Motion did not

affect counties.

Question put, agreed to RESOLVED ACCORDINGLY

THAT AWARE THAT, in Kenya, cancer is estimated to be the third leading cause of death after infectious and cardio-vascular diseases, with

the annual incidence of cancer closing in on 37,000 new cases with an annual mortality of 28,000;

FURTHER AWARE THAT, the economic impact of cancer is significant, and is increasing with staggering consequences occasioned by increased

medical costs, lost income, and the financial, physical and emotional burden placed on families and caregivers during treatment time;

ACKNOWLEDGING THAT, while Kenya is among the state parties that signed and ratified the Abuja Declaration that affirmed that state parties

shall set aside at least 15% of their annual budget to improve the health sector, and that Article 43(1)(a) of the Constitution of Kenya states that everyone has a right to the highest attainable standards of health;

NOTING THAT, the Ministry of Health has put in place the National Cancer

Control Strategy (2016-2020) aimed at implementing a coordinated and responsive cancer control framework that leads to the reduction in incidence, morbidity and mortality through effective partnerships for

collaborations for prevention, diagnostics, treatment, palliation and financing of cancer control activities to improve wellbeing of Kenyans;

CONCERNED THAT, gaps in the existing legislative framework such as discriminatory practices in the form of coverage limits and bureaucracies

by the National Hospital Insurance Fund (NHIF) and private insurance

(No. 012) THURSDAY, MARCH 04, 2021 (100) firms that result in delayed diagnosis, incomplete cancer treatments and

inadequate follow-ups that contribute to poor outcomes for cancer patients; NOW THEREFORE, the Senate calls upon the Ministry of Health in

partnership with the Council of Governors to-

(i) Incorporate county cancer support services in their annual development plan;

(ii) Partner with stakeholders to create support including counseling services; and

(iii) Provide cancer patients with free prescriptions, wigs for those who have lost their hair, improvised breasts where applicable,

and a subsidy for prostheses.

22. MOTION - FAST TRACKING CULTURAL DEVELOPMENTS IN COUNTIES

Order read;

THAT, WHEREAS Kenya is a multi-ethnic and multi-racial country with rich and diverse cultural resources such as traditional medicine and foods,

arts, craft, music, dances, dress among others; AWARE THAT, the Constitution, in its preamble acknowledges the cultural

diversity of the Kenyan people who are determined to live in peace and unity as one indivisible sovereign nation whilst, Article 11 of the Kenyan

Constitution recognizes culture as the foundation of the nation; NOTING that, while the Department of Culture under the Ministry of Sports,

Culture and Heritage has been playing some of the key roles in promotion of cultural integration, formulation of policies and standards that will guide the

development of culture, little information has been available to the Kenyan public;

ACKNOWLEDGING , that culture performs a significant role in the life of a child, the cultural background in which a child is brought up affects the totality of his or her life’s activities;

CONCERNED, that our children are losing their sense of identity due to the

negative influences due to inadequate cultural identity catalyzed by globalization which has led to catastrophic consequences to the next generation as experienced in our country where a majority of young people

are showing symptoms of feeling suicidal, anxious, feeling of hopelessness, anger, violence, feeling isolated, and paranoia;

NOW THEREFORE, the Senate urges the Cabinet Secretary, Ministry of Sports, Culture and Heritage to –


a) Formulate cultural development policies and initiatives to inculcate

stronger community values, safeguard Kenya’s heritage, recognize local heroes and promote socio-cultural opportunities in the counties; and

b) Formulate strategies to create an enabling environment for protection

and promotion of diversity of cultural expressions in all counties.

(Sen. (Arch.) Sylvia Kasanga, MP) Order deferred.

23. MOTION - PARKING CHARGES IN PUBLIC INSTITUTIONS OFFERING

ESSENTIAL SERVICES

Order read;

THAT, AWARE THAT, many urban areas and towns in Kenya lack designated car parking areas as a result of imbalance between parking

supply and demand mainly due to ineffective land use planning and miscalculations of space requirements, thereby leading to exorbitant parking fees;

NOTING THAT, most essential services offered in hospitals, educational institutions and other public utilities are offered in urban centers, shopping malls and other designated areas that charge parking fees to access;

ACKNOWLEDGING, that whether they are delivered by public or private

providers, essential services such as health, banking, education and other utilities are considered to be public services because they are public goods

that sustain the well-being of every citizen and help in the development of the society as a whole;

CONCERNED, that access to hospitals, educational institutions and other places offering essential services might be hindered due to exorbitant

parking fees levied on motorists accessing these services;

FURTHER CONCERNED, that charging entry fees amount to double taxation as the motorists who would have paid the parking fees will still pay for the

services they seek;

NOW THEREFORE, the Senate urges the Cabinet Secretary for Lands, Housing and Physical Planning together with the Council of Governors to come up with a policy framework to create an enabling environment for

protection of motorists accessing essential services from paying exorbitant fees for parking.

(Sen. (Dr.) Abdullahi Ali, MP) Order deferred.

24. MOTION- REPORT OF THE PARLIAMENT OF KENYA DELEGATION TO

THE 141ST ASSEMBLY OF THE INTER-PARLIAMENTARY UNION (IPU) AND RELATED MEETINGS, HELD IN BELGRADE, SERBIA FROM 13TH

TO 17TH OCTOBER, 2019 Order read;

(No. 012) THURSDAY, MARCH 04, 2021 (102) THAT, the Senate notes the report of the Parliament of Kenya Delegation

to the 141st Assembly of the Inter-Parliamentary Union (IPU) and related meetings, held in Belgrade, Serbia, from 13th to 17th October, 2019 laid on the Table of the House on Wednesday, 4th March, 2020.

(Sen. Susan Kihika, MP)

Order deferred.

25. MOTION – REPORT OF THE THIRD ORDINARY SESSION OF THE 5TH

PARLIAMENT OF THE PAN – AFRICAN PARLIAMENT HELD FROM 7TH TO 18TH OCTOBER, 2019, IN MIDRAND, SOUTH AFRICA.

Order read;

THAT, the Senate notes the Report of the Third Ordinary Session of the 5th Parliament of the Pan-African Parliament held from 7th to 18th October, 2019 in Midrand, South Africa, laid on the Table of the House on Tuesday,

10th March, 2020.

(Sen. (Dr.) Abdullahi Ali, MP)

Order deferred.

26. MOTION – ADJOURNMENT OF THE SENATE

Order read;


THAT, pursuant to Standing Orders 28 and 29, the Senate do adjourn until Tuesday, 23rd March, 2021.

(The Senate Majority Leader)

Debate arising; There being no other Senator wishing to contribute;

And the time being ten minutes past five O’clock, the Temporary Speaker

(Sen. Judith Pareno, MP) adjourned the Senate without Question put, pursuant to the Standing Orders.

27. THE SENATE ROSE - at ten minutes past five O’clock.

M E M O R A N D U M

The Speaker will take the Chair on

Tuesday, March 23, 2021 at 2.30 p.m.

--x--

twelfth parliament fifth session (no. 012) (085) republic

Documents