Hon. Senators, let me take this opportunity, once again, to welcome you back for this second Special Sitting of the Senate during the current August recess. I am gratified that you found time to come for this sitting considering the busy schedules each one of you has at your respective counties. This is a pointer to your commitment to executing the businesses of the Senate which I note with appreciation. As hon. Senators will recall, we concluded consideration of the County Governments Cash Disbursement Schedule during the Special Sitting of 5th August, 2016. The only matter pending now is voting on the Schedule in order to approve it. As indicated in today’s Order Paper, we shall be proceeding to the Division on the Schedule in addition to other business scheduled for Division. As communicated on 5th August, 2016, the County Governments Cash Disbursement Schedule for the Financial Year 2016/2017 was sent to the Senate by the 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.

Hon. Senators I have several Messages from the National Assembly. The first one is on the decision of the National Assembly on the Senate amendments to the Petroleum Exploration Development and Production Bill (National Assembly Bill No.44 of 2015) and the Energy Bill (National Assembly Bill No.50 of 2015). Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.40 (3) and (4), I have received the following Message from the Speaker of the National Assembly regarding the decision of the National Assembly on the Senate amendments to the Petroleum Exploration Development and Production Bill (National Assembly Bill No.44 of 2015) and the Energy Bill (National Assembly Bill No.50 of 2015).

On a point of order, Mr. Speaker, Sir.

Order Sen. Wetangula. The Speaker is on his feet. If I entertain your point of order, it will mean that I have to resume my seat.

Yes.

It is not possible. Pursuant to the provisions of Standing Order Nos. 41 and 142 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly. Whereas the Petroleum Exploration Development and Production Bill (National Assembly Bill No.44 of 2015) was published vide the Kenya Gazette Supplement No.128 of 11th August, 2015 to provide a framework for contracting, exploration and development of petroleum and to give effect to the relevant provisions of the Constitution of Kenya 2010 and to repeal the Petroleum Exploration and Production Act, 1984; Whereas the Energy Bill (National Assembly Bill No.50 of 2015) was published vide Kenya Gazette Supplement No.134 of 11th August, 2015, to inter alia consolidate the laws relating to energy and to repeal the Energy Act, 2006 and the Geothermal Resources Act, 1982; Whereas the National Assembly passed the two Bills on Tuesday 3rd May, 2016 and Thursday 28th May 2016, respectively, and forwarded them to the Senate for consideration, and; Whereas the National Assembly received Senate amendments to the two Bills on Tuesday, 19th July, 2016; 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.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 18th August, 2016:- REPORT OF THE MEDIATION COMMITTEE ON THE NATURAL RESOURCES (CLASSES OF TRANSACTIONS SUBJECT TO RATIFICATION) BILL Report of the Mediation Committee on the Natural Resources (Classes of Transactions Subject to Ratification) Bill (National Assembly Bills No. 54 of 2015). REPORT OF THE MEDIATION COMMITTEE ON THE FOREST CONSERVATION AND MANAGEMENT BILL Report of the Mediation Committee on the Forest Conservation and Management Bill (National Assembly Bills No.49 of 2015).

Proceed, Sen. Billow. REPORT OF THE FINANCE COMMITTEE ON THE COUNTY GOVERNMENTS CASH DISBURSEMENT SCHEDULE FOR FY 2016/2017

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 18th August, 2016. Report of the Standing Committee on Finance, Commerce and Budget on the County Governments Cash Disbursement Schedule for the Financial Year 2016/2017. Mr. Speaker, Sir, this Report will allow hon. Members to have an opportunity to look at the Schedule.

On a point of order, Mr. Speaker, Sir. The Report that has just been laid was laid in this House during the last sitting. Is it that we do not have memory in the House? Is it in order to have a second laying of the same Report?

Mr. Speaker, Sir, let me clarify. What we laid on the Table of the House was the Cash Disbursement Schedule. What I have just laid is the Report of the Standing Committee on the Schedule, not the Schedule itself. 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.

Sen. (Dr.) Machage, that explanation is satisfactory. Initially I was also concerned. Proceed, Sen. Orengo. REPORT OF THE JOINT PARLIAMENTARY SELECT COMMITTEE ON MATTERS RELATING TO THE IEBC

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 18th August, 2016:- Report of the Joint Parliamentary Select Committee on matters relating to the Independent Electoral and Boundaries Commission.

Let us move on to the next Order.

Mr. Speaker, Sir, I beg to give notice of the following Motions:- ADOPTION OF MEDIATION COMMITTEE REPORT ON THE NATURAL RESOURCES (CLASSES OF TRANSACTIONS SUBJECT TO RATIFICATION) BILL THAT, this House adopts the Report of the Mediation Committee on the Natural Resources (Classes of Transactions Subject to Ratification) Bill (National Assembly Bills No. 54 of 2015) laid on the Table of the House today, Thursday, 18th August, 2016. ADOPTION OF MEDIATION COMMITTEE REPORT ON THE FOREST CONSERVATION AND MANAGEMENT BILL THAT, this House adopts the Report of the Mediation Committee on the Forest Conservation and Management Bill (National Assembly Bills No.49 of 2015) laid on the Table of the House today, Thursday, 18th August, 2016. 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.

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Joint Parliamentary Select Committee on matters relating to the Independent Electoral and Boundaries Commission laid on the Table of the House today, Thursday, 18th August, 2016.

Hon. Senators, for purposes of voting, we will handle business in three segments. We will start with Order Nos.5, 6, 7, 8, 9, 10, and 11. We will skip Order No.12 then move on to Orders No.13, 14 and 15. From there, depending on the numbers, we will go back to Order No.12. If not, we will proceed with the Committee of the Whole and the remaining Orders. Hon. Senators, I, therefore, wish to put the question to Order Nos.5, 6, 7, 8, 9, 10, 11, 13, 14 and 15. Clerk-at-the-Table, let us proceed.

Hon. Senators, the result of the vote is as follows:-

Hon. Senators, the result of the vote is as follows:-

Hon. Senators, the result of the vote is as follows:-

Hon. Senators, the result of the vote is as follows:-

Hon. Senators, the result of the vote is as follows:-

Hon. Senators, the result of the vote is as follows:-

Hon. Senators, the result of the vote is as follows:-

Hon. Senators, the result of the vote is as follows:-

Hon. Senators, the result of the vote is as follows:-

Hon. Senators, the result of the vote is as follows:-

Order, Members. Let us have the Bar and the doors opened. I encourage the Members to remain inside the Chamber so that we complete today’s business.

(Sen. (Dr.) Machage): Hon. Members, the Senate is still in session. I request that we have a quorum in order to execute the remaining business. We are now on the Order No.16 – Committee of the Whole; Division. Could the Division Bell be rung for two minutes?

(Sen. (Dr.) Machage): Order! After the Division Bell, we still do not have the numbers for a Division. Could the Division Bell be rung for one more minute?

The Division Bell will continue to ring for another five minutes.

Stop the Division Bell. After the Division Bell rung for over seven minutes, we still do not have the quorum to execute this Business.

On a point of order, Mr. Temporary Speaker, Sir. Is this not a serious matter that may call into question the Members’ commitment? We signed for a Special Sitting and after agreeing to come to the House, the Members walked out before 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.

On a point of order, Mr. Temporary Chairman, Sir. Just in short agreement with the Senator for Elgeyo-Marakwet and the Senate Deputy Majority Leader. The signal being sent is that we can only do business when the Bar is drawn and the doors are locked. We can only transact business when we are like prisoners, but when the door is opened we all vanish. The point that the Senator for Elgeyo-Marakwet has brought out is very important, especially when it is a Special Sitting.

On a point of order, Mr. Temporary Chairman, Sir. I share the views of the Senator for Elgeyo-Marakwet. Whereas it is unfortunate that we have been unable to raise the numbers that we need for this particular business, let it also be known to the rest of the public that this afternoon the Senators have done a sterling job. They have passed not one, not two, but 15 Motions that have gone through division. Let it not look like they have done nothing; let us encourage them. Sen. Murkomen, you do not have to appeal to the Chair. You are absconding your responsibility; you are a leader of your side. The leader on our side is here and she has done her best to whip us. On your side the whip is not even--- Okay, she is there.

On a point of order, Mr. Temporary Chairman, Sir. I also want to support what my colleagues have said. First, some good work has been done this afternoon despite the fact that some Members took off. Maybe in future we should close the Bar completely, so that we finish the work whether or not we are in the Committee of the Whole. I know it may require amending our Standing Orders, but that is what we may need to do in future for us to transact business.

(Sen. (Dr.) Machage): I want to call upon you to look at Standing Order No. 29 (5). It reads:- “Whenever the Senate meets for a special sitting under paragraph (1), the Speaker shall specify the business to be transacted on the day or days appointed and the business so specified shall be the only business before the Senate during the special sitting, following which the Senate shall stand adjourned until the day appointed in the Senate calendar” 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.

On a point of order, Mr. Temporary Chairman, Sir. I join my colleagues in the concern, but under the circumstances, I propose that we be practical and do what we can. I propose that rather than go to the Committee of the Whole on Order Nos.16 to 20, we should just concentrate on the Motion by the Co- Chairs of the Joint Parliamentary Select Committee, which will not require the mandatory number of 24 Members. That would be more practical. I understand that Members may have been anxious to leave after voting, but there are still enough of us and quite a few in the lounge to deal with Order No.21.

(Sen. (Dr.) Machage): Very well. That is a legitimate concern and advice. What is it, Sen. (Prof.) Lesan?

Mr. Temporary Chairman, Sir, whereas I agree with Sen. (Prof.) Anyang'-Nyong'o that we could move to the Motion, it is also important that we read the Report and understand it, so that we can contribute significantly. Since we have not read the report, I do not think that it is advisable to go directly to the Motion.

(Sen. (Dr.) Machage): That is an important concern. Actually, the report was tabled today. Although the Motion is listed on the Order Paper, there was a request from the Movers - two Members would have moved this Motion today – to the Chair that it is deferred to another day, so that Members may have enough time to scrutinize it for better debate. It is a debate that will make a big change on the electoral system in this country. Therefore, I agree with Sen. (Prof.) Lesan, although, in a way, I also support the sentiments of Sen. (Prof.) Anyang'-Nyong'o. For that reason, I call upon the Mover, Sen. Sijeny.

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.139, I beg to move that the Committee do report progress on its consideration of The Reproductive Health Care Bill (Senate Bill No17 of 2014) and seek leave to sit again tomorrow. 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.

Order, Sen. Murkomen. Sen. Murkomen, please leave in an orderly manner. Proceed, Chairperson.

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered The Reproductive Health Care Bill (Senate Bill No.17 of 2014) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said Report.

seconded.

Hon. Senators, I am deferring all other orders to the next sitting which will be on 13th September, 2016.

Hon. Senators, there being no other business, the Senate stands adjourned until Tuesday, 13th September, 2016 at 2.30 p.m. The Senate rose at 4.35 p.m. 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.