Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Tuesday, 13th June, 2017: Report of the Procedure and Rules Committee (PRC) on the periodic review of the Senate Standing Orders.

Mr. Speaker, Sir. I beg to lay the following Report on the Table of the Senate, today, Tuesday, 13th June 2017: The National Land Commission (NLC) 2015/2016 Annual Report themed: “Devolving Land Governance”.

Mr. Speaker, Sir. I beg to lay the following Sessional Paper on the Table of the Senate, today, Tuesday, 13th June 2017:-

Sen. Khaniri, do you have another issue?

No, Mr. Speaker, Sir.

Let us move on to the next Order.

Mr. Speaker, Sir, I beg to give Notice of the following Motion. THAT, this House adopts the Report of the Procedure and Rules Committee (PRC) on the Periodic Review of the Senate Standing Orders and approves the amendments proposed to the Standing Orders and that the amended Standing Orders take effect at the commencement of the 12th Parliament.

Let us move on to the next Order.

Mr. Speaker, Sir, on that line of Statements, I thought my sister, Sen. Mbura, would seek for answers to the question she had sought regarding Export Processing Zones (EPZs). This is an opportune time for her to seek the response.

What is your concern Sen. Madzayo?

Mr. Speaker, Sir, I am ready for the statement. Once the time for Statements passes, I will not be in a position to respond. With your kind permission, I wish to proceed.

Proceed. VIOLATION OF RIGHTS OF EPZ WORKERS IN MAZERAS, RABAI CONSTITUENCY

Mr. Speaker, Sir, we have written to the Ministry of East African Community, Labour and Social Protection which is charged with the responsibilities of the labour manpower in the country. So far, the Ministry, through the Principal Secretary (PS), has not communicated to tell us the position with regards to EPZs employees. My sister and I are concerned particularly because the particular question emanated from Mazeras EPZ employees. We have not received any response. They keep on telling us that they will respond in the next seven days or so but soon we will be adjourning sinedie. This is an important issue that the Ministry should respond to today or tomorrow.

Bw. Spika, muda ambao Sen. Madzayo alipewa ulitosha kupata jibu. Watoto wetu wanaofanya kazi EPZ wanazidi kuumia na kufa. Kuna msichana aliyepigwa risasi na kufa kwa sababu ya kudai haki yake. Kufikia dakika hii, kama Seneta wa Kilifi Kaunti ameyalalia maswala haya. Nimetarajia kama Mwenyekiti wa Kamati ya Leba na Maswala ya Kijamii ayashughulikie kwa haraka maswala haya. Tumekuwa kwenye mapumziko kwa muda mrefu na mpaka dakika hii Seneta hajanipa sababu ya maana. Naomba jibu liharakishwe kwa sababu watoto wetu wanaumia na kuendelea kufa.

Mr. Speaker, Sir, I believe that you are aware that whether a person is a just a Chairperson of a Committee or a distinguished Senator in this House, irrespective of where they come from, they have a right to a response. However, that response is not the responsibility of the Chairman or the Committee on Labour and Social Welfare; it rests with the Ministry of East African Community, Labour and Social Protection to respond. Once the Senator through the Clerk writes to the Ministry, they are charged with the responsibility to find out and relay to this House the adequate answers asked by the distinguished Senator. It is in this regard that I so much abhor what my sister has said as if I, the Senator of Kilifi, is charged with the responsibility to respond to her question.

On a point of order, Mr. Speaker, Sir. I believe that Sen. Madzayo, indeed, a retired judge, is privy to Article 125 of the Constitution which gives him immense power to summon the people responsible for not giving him an answer. According to the calendar of this House, we are likely to adjourn sine die on Thursday. Is he in order not to have utilized this Article of the Constitution to supply this House with the necessary answer?

Senator Justice (Rtd.) Madzayo, what is your response?

Mr. Speaker, Sir, I am happy with the way he has responded to what I have said. However, I think I am in order because I know that the buck stops with the Ministry. This House is charged with the responsibility to summon but we have tried our best as a Committee.

On a point of order, Mr. Speaker, Sir. Are you satisfied that the Chairman, Retired Justice, is responding to the point of order raised by Sen. (Dr.) Machage? He had earlier said that the responsibility lies with the Ministry but Sen. (Dr.) Machage has challenged him that he owes an answer to this House as the Chairman. He has the relevant Articles of the Constitution that he can use to compel the Ministry to supply the answer. He is still telling us that the responsibility lies with the Ministry yet he is the one answerable to the House. Is he in order?

If you may respond, Sen. Madzayo.

Mr. Speaker, Sir, the powers to summon any person to appear before the Committee lies with the Senate. The Committee only forwards the question as it stands in Article 125 of the Constitution. However, it does not charge the responsibility to summon to the Committee on Labour and Social Welfare; it is the Senate to do so. My interpretation could be wrong or right but the bottom line is that the responsibility to

Mr. Speaker, Sir, allow me to contribute and say the Chairman of the Committee on Labour and Social Welfare has a point. Whether we like it or not and until and unless the administration of Parliament and the Standing Orders are changed such that we are able to get Statements when they are sought, we are able to get the Government officials to come to the House. The House can very well organise its Standing Orders in such a way such that an official comes and finds us as a Committee of the Whole. This is so that if they have the answer, we are able to ask the question and any subsidiary questions which we want. As it is, the Chairman and his committee will very well request for the answer. Much as you may require or want to force that Government department to answer, when they do not want to, they can linger on and on, and there is little that we can do. But if they were going to be compelled to come here, that would be the answer, the long term answer. We graduated from the old Constitution in good faith to the new Constitution. Previously, that problem was not there because those answering the questions were Members and they were on the floor. But as of now, that has to be addressed. Otherwise, Parliament will remain with that persistent problem of an answer which never came from where it is supposed to come.

Hon. Members, there is really no issue here. Sen. Madzayo, the Chairman of the Committee on Labour and Social Welfare has been challenged by the Member to bring a response to the House. Sen. Mbura stated that you had a lot of time to deal with the matter. You said that that matter is very important to you. Sen. (Dr.) Machage came to your aid in terms of what you can do. So, the responsibility to produce a response is yours as the Chairperson of the Committee. What you do with those others is your business. You cannot implicate them here. What we need is a response. When they fail, you summon them. If you read that Article very carefully, you have the same powers as the High Court, not just as a House of Parliament but a Committee of the House. I direct that you bring that response on Thursday.

Most obliged, Mr. Speaker, Sir.

We had listed another Statement on the Order Paper from the Chairperson of the Standing Committee on Land and Natural Resources. I thought I saw the Vice Chairperson around. Sen. Khaniri, there is a response to be issued. LOUD MUSIC IN LIONS EYE HOSPITAL AND CONSTRUCTION OF TEMPLE AND AUDITORIUM IN LORESHO

Mr. Speaker, Sir, thank you for the opportunity. I am sure that this Statement is long overdue. It was requested before we took a break. We took so long to

Granted. I direct that the statement is issued tomorrow afternoon.

Let us move on to the next Order.

On a point of order, Mr. Speaker, Sir. I might appear to be pre-empting you but when we had a sitting last Friday, there was a directive that you were to provide on the Division of Revenue Bill. I hope I am just being pre-emptive.

That is exactly what you are doing, Senator. I was waiting for that Order to be called so that I can dispose of that matter.

Thank you, Mr. Speaker, Sir, for the very detailed ruling on this matter. I am obliged to be guided by your wisdom and submit to your authority, even if I believe that there could have been certain areas of interpretation that I would have looked at differently. My only prayer is that in as much as the Standing Orders do not impose consequences on failed mediation, it would have been good for the Senate to get a report and understand what happened in the mediation. This is because this House gave a mandate to a team, which we thought was our best, to sit with a team from the National Assembly. When we send our best troops out there to represent us on a matter that is one of the most important things that this Senate has to do and they do not come back with a report, there is cause for concern. Even though there are no provisions in the Standing Orders, it would have been probably good for the leaders of that mediation team to tell us what went wrong so that it can guide the Senate in future.

Sen. Abdirahman.

Mr. Speaker, Sir, it is traditional to provide a report. Our anticipation this afternoon was that we would know what transpired in the last mediation before the publication of this Bill. I concur with Sen. M. Kajwang on the same matter.

Mr. Speaker, Sir, I fully concur with the sentiments expressed by my colleague, Sen. M. Kajwang, and supported by Sen. Abdirahman. Mediation is a process that is provided for in the Constitution. Therefore, it is absolutely important that once we embark on that route of mediation a report is filed because we gave them a responsibility, as a team, to represent us. It is important that there be a report of this particular Committee on the HANSARD because this is one of the core responsibilities of the Senate. Mr. Speaker, Sir, I urge you to compel the team to file a report, so that it is tabled. Even if it is not debated let it be in the annals of history, so that people can read about what happened.

Mr. Speaker, Sir, I concur with your ruling. The Bill was committed to the Mediation Committee and we expected a report. This is not the first time that Bills are passed to the National Assembly and our views, recommendations or amendments are disregarded. I, therefore, agree that we should dispose of the item as it appears on the Order Paper.

Mr. Speaker, Sir, I would like to support what my colleagues have said because we finished our work in the Committee of Finance, Commerce and Budget. Let history be made that there has been a conspiracy between the two Houses.

On a point of order, Mr. Speaker, Sir. With due respect to Sen. Kittony, we can never conspire with the National Assembly on this matter. Did you hear her say that there is a conspiracy between the two Houses of parliament?

On what?

On the current Bill, Mr. Speaker, Sir.

That is an opinion; I am sure she will be responded to.

Mr. Speaker, Sir, while we will certainly oblige to your direction, I agree with the speakers that we should not leave the Committee to get away with it. They have to give us a report on what we delegated them to do on our behalf. The Joint Committee is answerable to both Houses.

Order, Members. Before I allow Sen. Billow to make his contribution I want to make it very clear that what the Members have requested, starting with Sen. M. Kajwang and supported by the rest of you, is in good faith. I do not think you are making a statement against the Committee. You are basically requesting to know what transpired. Let us not put it as if they have refused to do the job. I think this is the first time we are getting a Mediation Committee failing to come up with a version of a Bill that is acceptable to the Committee and to be adopted by both Houses. We have always succeeded and so, this is quite a new one. I think it is a fair request to know because it is the first time it is happening. I can understand why Members would want to know what really transpired. Sen. Billow, the House is demanding a report.

Thank you, Mr. Speaker, Sir. The Mediation Committee was made up of four Members from the Senate and an equal number from the National Assembly. The Chair of the Mediation Committee was Hon. Mutava Musyimi of the National Assembly. We had two meetings and disagreed. Following that the Secretariat was to do a report and get the Members to sign, so that we could report to the two respective Houses. My understanding is that a report has been drafted. However, since the Houses went on recess they were not able to get the signatures. The report will be made available. We will push to get it at least by tomorrow, so that Members can have a record of the same.

Sen. Kittony it can now be confirmed that there is no conspiracy; that is what transpired. The Senate Majority Leader, Sen. (Prof.) Kindiki, let us proceed with that particular Order.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to move that The Division of Revenue Bill (National Assembly Bill No.22 of 2017) be now read a Second Time. Mr. Speaker Sir, in moving this Bill I want to say three things. The first one is just a quick reminder to all of us that certain criteria are supposed to be adhered to when coming up with the division of revenue. Our Constitution, in Article 218, provides that every year two bills, which are very critical to the expenditure of Government at the two

On a point of order, Mr. Speaker, Sir. The Mover of this Bill, who is the Senate Majority Leader is sending mixed signals to the House and the nation. I wish that as he moves this particular Bill which is very important, he should guide the House on how he wants the Senate to treat this matter. The Bill he is moving is granting the counties Kshs291 billion, which he is objecting to. He says at least the minimum we should go for is what the Treasury had proposed - a figure of Kshs299 billion. So, is he really moving this Bill so that we support it in the way it is? He is sending mixed signals, what are we doing? Are we supporting the Bill the way it is or he is suggesting that he will bring an amendment later on? Can he come out very clearly so that the Members know how to treat the Bill?

Order Sen. Khaniri! That is actually an argument, but may be Sen. (Prof.) Kindiki can proceed.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, of course, I am moving this Bill. I support it but as I move it I am also entitled to say a few things in form of a debate. The reason I am doing this is deliberate. Of course, as the Senate Majority Leader, this Bill is before me and I have to move it as it is. However, I am also alive to the fact that our Committee has already met and have made certain determinations. I am also alive to the fact that we do not have much time. As I conclude my remarks, the guidance that Sen. Khaniri is looking for, I will try and make suggestions. However, generally this is my Bill. I am moving it as it is. I do not sit in Committees. I am sure whatever amendments there are can be done at that level.

What is it Sen. (Dr.) Machage?

Mr. Speaker, Sir, this House is guided by Standing Orders, tradition and precedence. Our records - that most of us know - indicate that a mover of a Bill will always move the Bill “in his support” unless he states that he is moving that Bill in an amended form which he must declare as he moves. The mover has done neither. He is actually contradicting the very move he is moving. Is he in order? We need guidance.

On a point of order Mr. Speaker, Sir, I stood not to talk about the procedures, but we heard the Senate Majority Leader say that we could pass this Bill anticipating certain amendments through probably dialogue between the leadership of the entire House. This House is known to operate in a bi-partisan manner. We were about to buy into the idea. Therefore, it is important that he comes out clearly, and at least makes proposals that can help us reach an amicable settlement. The National Assembly has failed and we do not want to fail too. So, please, do better. I wanted to buy that bit from Sen. Khaniri, not to create an argument, but to reach an amicable settlement because we are also working together.

On a point of order, Mr. Speaker, Sir. Is it in order for (Prof.) Kindiki to be gagged to conform with a Bill that has come from another House? This is not his personal Bill. He does not own it. So, he should have the liberty to present it in the way that he feels because he also represents counties. He is a Member of the Senate. He cannot just come and talk as if he has not noticed anything wrong with the Bill from the National Assembly. He has every right to do so.

Order Members! I am actually surprised that we are debating an issue that is not there. The argument brought by Sen. Khaniri and supported by Sen. (Dr.) Machage and Sen. Hassan is wondering whether the Senate Leader of Majority is moving the Bill in the original form, opposing it, or proposing amendments. What I have heard the Senate Majority Leader speak very clearly and eloquently so and I think is an issue which Sen. Ndiema has actually raised. This is a Bill which is being introduced to the Senate from the National Assembly. He has made reference to the fact that there are three figures; one by the National Assembly, one by the Senate and one by the National Treasury. In the process of moving the Bill, he is also giving his views. All of us are alive - as Sen. Hassan claims - in the process of us processing the Bill, there is a stage for amendments. I do not think that it is necessary for him to make that clear now. The people should do so and then we have a discussion on that particular matter. To me, he is

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I was talking about the various conditional grants. I had mentioned Kshs605 million as a conditional grant to counties to supplement county allocation for the construction of county headquarters. I must declare my interest beforehand; that the five counties which have been the beneficiaries of the sobriety of this House and with the support of the Treasury, is Tharaka Nithi County which I represent in this House. For the last two years, this Senate, through a report which was done by a select committee that went around the entire country, came out with a list of five counties that were most needy in terms of lack of facilities and the fact that they had not inherited a single structure from the defunct local authorities. This is a Senate Committee that tabled a report here which was adopted. To me, as the Senator for Tharaka Nithi County, and on behalf of my colleague Senators from other counties that benefited from this support from the Government, we are grateful. We have seen some construction work going on in Tharaka Nithi, Isiolo, Lamu, Tana River and Nyandarua counties. Those county governments are able to do so with the support of these conditional grants. Mr. Speaker, Sir, this year, Kshs605 million will go to the five counties as usual to supplement the financing for construction of headquarters by five county governments that did not inherit adequate office space. These five counties are Isiolo, Lamu, Nyandarua, Tana River and Tharaka Nithi counties. I would urge the county governments concerned, both the outgoing and the incoming, to make use of this conditional grant so that these counties can have dignified facilities. These facilities will assist them perform their constitutional functions as enshrined in the Constitution. Apart from that, there is a conditional grant of Kshs2 billion for rehabilitation of village polytechnics. This proposal of supporting counties to build village polytechnics has come from the interactions and the inter-governmental relations between the county governors and the executive through the Inter-governmental Budget and Economic Council. This Kshs2 billion will go a long way in reviving our village polytechnics to supplement the ongoing work of the Jubilee Administration to build Technical Training Institutes (TTI) in every Constituency. That process has started although some constituencies are yet to have their facilities in place. However, in over 100 constituencies out of the 290, the Technical Training Institutes have already been built and they are being equipped as I speak. We require counties to supplement the TTI and upgrade them to village polytechnics which are critical to the revival of rural economies. For a long time, village polytechnics were neglected and underfunded. They were thought to be places where only those who failed their primary education would go and their tutors were not paid. So, this grant will rejuvenate these institutions of learning which are critical. In fact, for Kenya to move on to the next level of development, Tertiary and Technical Vocational Education is the future. In this country, if you have a vacancy for an Electrical Engineer, you would get ten applicants for one position. However, if you ask for a holder of a Certificate in Electrical Engineering, you will not

Order, Senate Minority Leader! I want to dispose of something then you may proceed. Hon. Senators, I wish to acknowledge the presence at the Speaker’s Gallery this afternoon of visiting staff from Nyamira, Narok and Siaya county assemblies. I request each member of the delegation to stand when called out so that they may be acknowledged in the usual Senate Tradition. 1. Theodora K. Silo 2. Felix K. Osoro 3. Felistus B. Otwabe 4. Mary K. Nyambega 5. William Musekenya

Thank you, Mr. Speaker, Sir. I beg to second this Bill - a Bill from the National Assembly coming hot on the heels of a frustrating process where a Bill came to this House; we debated and amended it. It then went to the Mediation Committee and the Committee was frustrated by the National Assembly. I want to thank my distinguished brother and colleague, Sen. (Prof.) Kindiki, for moving it so ably and remind him that we will be in his county going to nasa his people on Thursday this week. I hope he will be there to join the National Super Alliance (NASA) train to bring the Ameru people on the right side of history and move away from where they are. It should also be noted that I am not a former presidential candidate; our leadership is collegiate and our brother Hon. Raila Odinga is the first among equals. So, we have a collegiate, if you know what that means. Mr. Speaker, Sir, this is a sad state of affairs; even looking at this Bill. I associate myself fully with some of the remarks made by my brother Sen. (Prof.) Kindiki. A Bill came to this House from the National Assembly and it went to the Committee on Finance, Commerce and Budget, ably chaired by the distinguished Senator for Mandera whom I must salute as he comes to the end of his first stint in the Senate. He has done a wonderful job in the Committee which I sit.

The Committee made fair recommendations modelled along recommendations from the Treasury. As my colleague said, it is the Treasury that knows the size of the ‘envelop’ and not a masquerader called hon. Mutava Musyimi, who wears a collar and behaves in a devilish manner. He has made all manner of statements against the Senate. It is the Treasury that knows how much money is available. It is the duty of Parliament to tell the Treasury: “We think you have more; ongeza.” It cannot be the role of Parliament to tell the Treasury: “Here, you are too generous; reduce.” We have never heard of such a thing. We are the representatives of the people of Kenya. The Government taxes the people of Kenya and our duty is to take those taxes back to the

(Sen. (Prof.) Kindiki): On a point of order, Mr. Speaker, Sir. I am just curious. My brother, the Senate Minority Leader, is talking about a county that I have not seen in the Schedule to the constitution. There are 47 counties and I have not seen any county called Nyangores. Is he is order?

Mr. Speaker, Sir, I never said ‘Nyangores County;’ I said ‘my distinguished friend from Nyangores.’ He actually comes from Nyangores village or thereabouts; not too far from there.

Sen. (Prof.) Kindiki, perhaps, that is the more reason the condolences were being given.

On a point of order, Mr. Speaker, Sir. The Senator for Bungoma, to whom I want to send condolences for his inability to run for the presidency as he had said, now uses the word “collegiate” as part of his excuse. I want to be specific that I am talking about the Senator for Bungoma, unlike the insinuation that there was a Senator for Nyangores. Nyangores is a constituency that is going to vote for Jubilee party seriously and does not deserve any condolences from anybody, especially from Bungoma.

Mr. Speaker, Sir, with a light touch, you know that Bomet is Chama Cha Mashinani. I have been there and I can tell you that, that is a very interesting county. Let me end so that others can contribute by urging this House to either stand up to be counted, defend this House and leave behind a legacy whether you will be here in the next House or not or we go into ignominy that will make us look weak, helpless and unable to discharge our responsibility and duty under Article 96 of the Constitution, which is defending counties and their governments, including but not limited to ensuring that they get sufficient revenues for running the counties. Mr. Speaker, Sir, as I finish, I want to urge all my colleagues across the Floor that if you want devolution to flourish, vote National Super Alliance (NASA). We have in our manifesto said that we are going to strengthen this House to be the Upper House in the dispensation of the legislature of the country so that the pecking order is very clear. This becomes the Upper House, the House of revision and a real Senate as they are known in comparable jurisdictions whether in the United Kingdom (UK) House of Lords, Australian Senate, Canadian Senate, Burundi Senate. There are jurisdictions that are much less experienced in terms of political longevity, tranquillityand stability but are doing much better than we are. So, join us in making this Senate “a Senate”. I know many of my colleagues are running away to other positions. Even the lady passing before me is going to the “Lower House” from the “Upper House” if she wins and I wish her well. She is a very decent lady and I know several others including the---

On a point of order, Mr. Speaker, Sir. Who is Sen. Wetangula referring to as “the lady” since we do not have any Senator called “Lady”?

Mr. Speaker, Sir, I come from a community with a very rich language. We say that when you raise a stick, the thieving dog is the one that will start doing “ kweeekweeekweee” and running.

There are three ladies sitting in front of me and---

What is it Sen. (Dr.) Machage?

Mr. Speaker, Sir, would I be in order to request you to suspend Standing Order No.90 (4) so that we can listen to the semantics of Sen. Wetangula in more detail?

Disallowed. Sen. Kagwe.

Mr. Speaker, Sir, I just wanted to know for clarity how the sound that Sen. Wetangula made will be recorded in the HANSARD.

Mr. Speaker, Sir, we leave that to the HANSARD managers. They may record that; “at that moment, the distinguished Senator for Bungoma made a screeching sound”, bracket it and leave it there. I want to finish by saluting this entire Senate in case I do not have time to speak again between now and Thursday. All of you Senators have done a marvellous job against many odds. We have had to go to court, Kamukunji’s and write letters to the high and mighty to fight for space. We have had to close ranks. At one time you could never tell, for example, as you read in the book God’s Bits

by Sembene Ousmane, about Mr. Bakayoko the train driver. The writer says that at one time you could not tell whether it was his heartbeat that was going to the sound of the train orthe sound of the trainthat was going to the tune of his heartbeat. We reached a level where my brother Sen. (Prof.) Kindiki leading the opposite side and myself on this side realised that we either hang together or separately; either way, we were hanging. I think we have done a good job. If you allow me just to digress a little from the Bill, the Committees of this House, particularly the County Public Accounts and Investments Committee (CPAIC) has done very well, the Committee on Roads and Transportation, the Standing Committee on Lands and Natural Resources have all done fantastic jobs. The only area where we have not done very well as a Senate is that we have failed many Kenyans who have sent petitions to this House which we have not prosecuted in good time as we should have done. However, I think we were overwhelmed by many things. I hope and believe that whether it is NASA or Jubilee party that is going to win the next elections, the top agenda for the legislature in this country is to redefine and redirect the legislature so that the “Upper House” becomes a real Upper House and the “Lower House” remains as that. Every Bill without exception, unless the Speakers agree, in fact, we will take away that from them, in comparable jurisdictions, a Bill from the Lower House automatically goes to the Upper House and the Upper House may note debate, reject or vary it as the case may be. That is what it should be. I think we brought the Senate in the new Constitution to be what this Senate has been where we are belittled by all manner of people who have no capacity to do anything. They have been busy calling us names and doing all manner of things. I am particularly aware of the Standing Orders, but I am completely appalled by the conduct of one Hon. (Rev.) Mutava Musyimi and that is why I always tell him that he used to be called the Right Reverend, now he is the ‘Wrong’ Reverend. His attitude towards this House has not been helpful to the growth of democracy in this country. Mr. Speaker, Sir, his attitude towards the Senate and devolution does not help the spirit and letter of the new Constitution. The Senate was not created to decorate the legislature but because it is the defender, the first and last line of defence of devolution and shall remain in the Standing Orders. I wish you well and hope that in the next Senate, if these guys reject you, talk to us nicely and we will carry on with you because we are coming with a majority after elections. I beg to second.

Before I propose the question, let me allow the Chairman of Finance, Commerce and Budget Committee to table his report.

Mr. Speaker, Sir. I beg to lay the following report on the Table of the Senate:- Report of the Standing Committee on Finance, Commerce and Budget on the Division of Revenue (No.2) Bill (National Assembly Bill No.22 of 2017). Thank you, Mr. Speaker, Sir.

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

What is it, Sen. (Dr. Machage?

Mr. Speaker, Sir, the Chairman of the Finance, Commerce and Budget Committee has just tabled a document whose contents would have been very helpful in debating this Bill. This is because we would have needed the leadership of the Committee to help the House to make informed decisions on this debate. Therefore, would I be in order to seek guidance from you on the relevance of the document that was tabled if it will not enrich debate on this Bill? Is there need for us to belabour passing or rejecting this Bill if we will not use the contents of the report?

Order, Sen. (Dr.) Machage! Hon. Senators, you will recall that the First Reading of this Bill was done on Friday. The Committee has actually worked extra hard to get us a report. That is why I have allowed the Senator to table to report, even after we had gone past the order for Papers. It is meant for purposes of the Members looking at it. It is not a long report. You can check very quickly as you contribute and inform the debate. Since we are just proposing the question, I believe it is still relevant to inform a Member who is interested in looking at it. Yes, Sen. (Prof.) Anyang’-Nyong’o.

Mr. Speaker, Sir, I rise to support the contribution of my two colleagues, the Senate Majority Leader and the Senate Minority Leader in this particular important issue. I would particularly address myself to the issues raised by the Senate Minority Leader on the importance of the Senate in the governance of this country as enshrined in the Constitution that makes the Senate really woven in its fabrics. I find it difficult when I hear somebody like the “wrong” reverend speaking in his disparaging manner about the Senate; which means that he does not know the

Mr. Speaker, Sir, I would like to add my voice to this debate on the Division of Revenue Bill. It is regrettable that just days before we adjourn permanently, we do not have the division of revenue or allocation of money to counties for the next financial year. The reason is because the Division of Revenue Bill that we passed here was rejected by the National Assembly. The same assembly went ahead and published a new Bill. The bone of contention was not on conditional grants but on the equitable share of revenue. So, the National Assembly published the Bill with same Kshs291 billion that we had rejected. So, our Committee, in the report that has been tabled in the House a short while ago, had three options to look at. One is to accept what is contained in the Bill as it is. The other one is to amend. The third option that was placed before us by the experts from the budget office was to reject the Bill. Mr. Speaker, Sir, we rejected the first option of accepting the Bill as it is based on the previous arguments we had; that there has been a consistent trend in the growth of revenue allocated to the county governments. This was based on the annual growth of revenue of the Government. So, a certain percentage which is a three years’ average growth of the annual revenue has always been used by the CRA to recommend an increase. This Kshs291 billion is not based on that, neither is it based on even the growth of annual inflation. The annual inflation growth was 6 per cent last year. The amount that they proposed to increase, from Kshs280 billion to Kshs291 billion is only just over 3 per cent.

Mr. Speaker, Sir, I am a Member of the Committee on Finance, Commerce and Budget. I take exactly the same view. I concur with the Chairman. There is a notion in certain quarters in the National Assembly that there is something called a constituency and there is something called a county and the two are not related at all. It is important for us to remind our brothers in the “Lower” House that every single constituency in Kenya is in a county, not one! So, when you see the kind of intransigent behaviour that is being exhibited stubbornly within the chairmanship of the budget Committee of the “Lower” House – this is where the English said, “You cut off your nose to spite your face.” Mr. Speaker, Sir, I must agree because I have been in two mediations between this House and the other one for the same reason. My brother, hon. Mutava Musyimi has been consistently stubborn on this matter and stubbornly opposed to reason whenever this matter is being discussed. The whole problem today as we discuss here is borne out of a condescending attitude that spites this House for whatever reason. I think it is borne out of a certain misguided superiority complex, clearly worked with self-importance. This attitude is causing this problem. You cannot walk into a mediation determined and believing that no matter what anybody else says in mediation you will walk out of that room with exactly what you walked in with. The whole notion of mediating is give and take. Therefore, when we send people into mediation it is important for them to appreciate that they will not come out with everything they want. Hopefully, they will come out with something that is acceptable to all parties. When we went to mediation last year, the Chairman was just as stubborn as today. The person who actually saved the day in that mediation is hon. Tom Kajwang from the other House. I want to thank him because he rose up to agree that there has to be a positional change in the process of mediating. We went into voting; something that should not happen in a mediation like this. We should simply go with an agreement that has come out of just logical reasoning. Mr. Speaker, Sir, when you look at the current Bill, one of the things that I would like to propose in it is the conditional grant that is being given to the counties, especially the health grant. In the previous year the conditional grant given to the health sector was taken to the Ministry of Health. The Ministry misused that money and it never went to the counties. The second year, which is last year, the rule changed and the conditional grant went to the county governments. However, the county governments did not push the money, as it was intended, to the health sector. This time round let the conditional grants be given to the institution implementing whatever grant is given. For instance, in Nyeri County the conditional grant is given to the Level 5 Hospital. County governments can create the circumstance where the money allocated to a Level 5 hospital goes directly into

Thank you, Mr. Speaker, Sir. I stand to object to the allocations proposed by the National Assembly in this Bill. Considering that the National Revenue is Kshs1.2 trillion and all we wanted, as the Senate, for the County is Kshs300billion, it is really a small percentage; 31 per cent. The functions that have been devolved to counties are many and very important, especially to the livelihood of our people. Health is very important and so is Early Childhood Development Education (ECDE) and agriculture, which is the source of our livelihood. It is a right under our Constitution for our people to get adequate nutrition. We should recognize this when we discuss such Bills of allocating resources. Last year, His Excellency the President, categorically mentioned - and I remember it was during the Agricultural Society of Kenya Show - that agriculture will be allocated 10 per cent of national revenue in accordance with the Maputo Declaration. Considering it is only 31 per cent that goes to counties and agriculture is wholly devolved, clearly, that promise will never be realized. This is because if we were to allocate 10 per cent out of 30 per cent to agriculture, we would leave other sectors

On a point of order, Mr. Speaker, Sir. I believe you have been listening to the contributions and we seem to have exhausted our intention on this Bill. We are actually breaking our own Standing Order No. 107 by repeating. Would I, therefore, be in order to request that the Mover be called upon to reply?

Mr. Speaker, Sir, we have heard the sentiments of the Members on this Bill. Essentially, we have shared the same feelings by all the Members of the Senate. Therefore, I want to take the opportunity to thank the Members for the useful contributions and suggestions that they have made. I beg to move.

Order Members! I order the Division Bell to be rung for another one minute.

Order Members! This is a matter affecting counties. Therefore, I wish to put the question.

We will take one minute to vote. You may now start voting.

Hon Senators, the results of the Division are as follows:

Hon. Ethuro): You may now open the door and draw the bars.

I think the remaining bit was for the Mover to reply. Sen. (Dr.) Machage.

Thank you, Mr. Speaker, Sir. Good health means development of a country while poor health is completely the opposite. I take this

The putting of the question will be deferred to another day.

We will defer Order Nos.9, 10, 11, 12 and 13 because they all require divisions.

(Sen. (Dr.) Machage): Order, hon. Senators. If you can remember, this is a Bill that was passed by the Senate. It was sent to the National Assembly and they made some amendments which are now before us for consideration. So, we are looking at the National Assembly Amendments to the County Early Childhood Education Bill (Senate Bill No. 32of 2014).

Mr. Temporary Chairman, Sir, I beg to move ---

(Sen. (Dr.) Machage): Order, Senator. I have not forgotten the House Procedures. We did not have an amendment forwarded to us on this Clause. Please, approach the Clerks’ Table.

Mr. Temporary Chairman, Sir, I beg to move: THAT, Clause 4 of the Bill be amended in paragraph (a) by inserting the word “basic” immediately after the word “compulsory”

Mr. Temporary Chairman, Sir, I beg to move: THAT, Clause 8 of the Bill be amended- (a) in subsection (1) by deleting the words “child fails to attend an education centre, the principal” and substituting therefor the words “pupil admitted in an education centre fails to attend the education centre, the head teacher” (b) by deleting the word “child” wherever it appears and substituting therefor the word “pupil”

Mr. Temporary Chairman, Sir, I beg to move:

Mr. Temporary Chairman, Sir, I beg to move: THAT, Clause 10 of the Bill be amended— (a) by deleting the words “including education centers for children with special needs”; and (b) by inserting the words “of the Constitution” immediately after the words “Article 53”.

Mr. Temporary Chairman, Sir, I beg to move: THAT, clause 11 of the Bill be amended— (a) in sub-clause (1) by— (i) Deleting the word “persons” appearing in paragraph (a) and substituting therefor the words “education centre”; (ii) Deleting paragraph (b); (b) In sub clause (2) by deleting the words “upon payment of such a fee as the Registrar shall determine”.

Mr. Temporary Chairman, Sir, I beg to move: THAT, clause 12 of the Bill be amended by— (a) deleting the word “Part “and substituting therefor the word “Act”; and (b) renumbering the existing provision as sub-clause (1) and inserting the following new sub-clause immediately after the proposed new sub-clause (1) —

Mr. Temporary Chairman, Sir, I beg to move: THAT, clause 13 of the Bill be amended in sub-clause (2)— (a) by deleting the word “institution” appearing in paragraph (b) and substituting therefor the word “education centre”; (b) by deleting the word “institution” appearing in paragraph (c) and substituting therefor the word “education centre”; and (c) by deleting the word “institution” appearing in paragraph (d) and substituting therefor the word “education centre”.

Mr. Temporary Chairman, Sir, I beg to move: THAT, Clause 14 of the Bill be amended by deleting the expression “71” and substituting therefor the expression “70”

Mr. Temporary Chairman, Sir, I beg to move: THAT, clause 15 of the Bill be amended in sub-clause (3) by deleting the word “a private” appearing in paragraph (b) and substituting therefor the word “an”.

Mr. Temporary Chairman, Sir, I beg to move: “THAT, clause 16 of the Bill be amended — (a) in sub-clause (2) by deleting the words “with the consent of the principal” appearing in paragraph (b) and substituting therefor the words” in the opinion of the department, a shorter time is necessary”; (b) in sub-clause (4) by deleting the word “principal” and substituting therefor the word “head teacher” and;

Mr. Temporary Chairman, Sir, I beg to move: THAT, clause 17 of the Bill be amended — (a) in the opening statement by deleting the word “centre” appearing immediately after the word “such” and substituting therefor the word “institution”; (b) in paragraph (e) by deleting the word “education” and; (c) in paragraph (f) by deleting the word “principal” and substituting therefor the word “head teacher”

Mr. Temporary Chairman, Sir, I beg to move: THAT clause 19 of the Bill be deleted.

Mr. Temporary Chairman, Sir, I beg to move: THAT, clause 23 of the Bill be amended— (a) in sub-clause (1) by inserting the word “County Education” immediately before the word “Board”; (b) in sub-clause (2) by— (i) Inserting the word “County Education” immediately before the word “Board”; (ii) Deleting the word “principal” appearing in paragraph (a) and substituting therefor the word “head teacher”; (iii)Deleting the word “principal” appearing in paragraph (b) and substituting therefor the word “head teacher”; (iv) deleting the word “children” appearing in paragraph (b) and substituting therefor the term “pupils” (c) in sub-clause (3) by inserting the word “County Education” immediately before the word “Board”;

Mr. Temporary Chairman, Sir, I beg to move: THAT, clause 24 of the Bill be amended— (a) in the marginal note by deleting the word “children” and substituting therefor the word “pupils” (b) in the opening statement by deleting the word “children” and substituting therefor the word “pupils” (c) in sub-clause (2) by— (i) inserting the word “County Education” immediately before the word “Board”; (ii) deleting the word “principal of the centre” appearing in paragraph (a) and substituting therefor the word “head teacher”; (d) in sub-clause (3) by- (i) inserting the word “County Education” immediately before the word “Board”; (ii) by deleting the word “children” appearing in paragraph (a) and substituting therefor the word “pupils” (iii) deleting the word “principal” appearing in paragraph (b) and substituting therefor the word “head teacher”;

Mr. Temporary Chairman, Sir, I beg to move: THAT, clause 25 of the Bill be amended— (a) in sub-clause (1) by— (i) deleting the words “by it” (ii) inserting the word “County Education” immediately before the word “Board” appearing in subparagraph (a) (ii); (iii)by deleting the word “principal” appearing in paragraph (b) and substituting therefor the word “head teacher”; (b) in sub-clause (2) by— (i) inserting the word “County Education” immediately before the word “Board” wherever it appears”; (ii) deleting the word “officer” appearing in paragraph (a) and substituting therefor the word “committee” (iii)deleting the word “principal” appearing in paragraph (b) and substituting therefor the word “head teacher”;

Mr. Temporary Chairman, Sir, I beg to move:

Mr. Temporary Chairman, Sir, I beg to move: THAT, clause 28 of the Bill be amended— (a) in sub-clause (1) by deleting the word “or” and substituting therefor the word “including a”; (b) in sub-clause (5) by deleting the words “secular” and substituting therefor the words “as set and approved by the Kenya Institute of Curriculum Development”.

Mr. Temporary Chairman, Sir, I beg to move: “THAT, clause 29 of the Bill be amended by deleting sub-clause (3).

Mr. Temporary Chairman, Sir, I beg to move: THAT, clause 30 of the Bill be amended— (a) in sub-clause (1) by— (i) deleting the word “children” appearing in paragraph (a) and substituting therefor the word “pupils”; (ii) deleting paragraph (c) and substituting therefor the following new paragraph— (c) two persons with experience in matters of nutrition and social work relating to early childhood development and education nominated by the County Governor on the recommendation of the County Education Board; (iii) inserting the following new paragraph immediately after paragraph (d) — (d)(a) one person to represent children with disabilities (d)(b) the head teacher of the education centre, who shall be an ex officio member. (b) in sub-clause (3) by deleting the word “principal” and substituting therefor the word “head teacher” (c) in sub-clause (4) by inserting the word “of Management” immediately after the word “Board” where it appears at the first instance and third instance”;

Mr. Temporary Chairman, Sir, I beg to move: THAT, clause 31 of the Bill be amended— (a) by inserting the word “of management” immediately after the word “Board” in the opening statement; (b) in paragraph (a) by deleting the word “the said” and substituting therefore the word “these”; (c) in paragraph (d) by deleting the word “to” appearing immediately after the word “equip”; and (d) in paragraph (h) by inserting the word “of” immediately after the word “implementation”.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 32 of the Bill be amended by inserting the word “of management” immediately after the word “Board”.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 33 of the Bill be amended— a) by deleting in sub-clause (1) and substituting therefor the following new sub-clause— “(1) There shall be a Parents Teachers Association for every public and private school consisting of— (a) every parent with a child in the education centre; and (b) a representative of the teachers in the education centre b) inserting the following new sub clauses immediately after the sub-clause (1) — (1A) There shall be an Executive Committee of the Parents Teachers Association consisting of representatives of parents with children in each level within the education centre and a teacher.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 35 of the Bill be amended— (a) in the opening statement by deleting the words “committee or”; (b) deleting the word “child” wherever it appears and substituting therefor the word “pupil”; (c) deleting the word “children” wherever it appears and substituting therefor the word “pupils”; (d) by deleting paragraph (f).

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 36 of the Bill be amended— (a) in sub-clause (1) — (i) by deleting the words “or caregiver” in the opening statement; (ii) in paragraph (d) by deleting the words “and a medical certificate evidencing soundness of mind”; (iii) by inserting the following new paragraph immediately after paragraph (d) — (e) a medical certificate evidencing soundness of mind; (b) in sub-clause (2)—

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 38 of the Bill be amended by deleting the words “in consultation with the Council of Governors” in the opening statement

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 39 of the Bill be amended in sub-clause (2) by deleting paragraphs (b) and (c)

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 41 of the Bill be amended— (a) in sub-clause (2) by deleting the word “principal” wherever it appears and substituting therefor the word “head teacher” (b) in sub-clause (3) by— (i) deleting the word “principal” and substituting therefor the word “head teacher”; (ii) inserting the words “passport or any other recognized identification document” immediately after the words “birth certificate”;

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 43 of the Bill be deleted.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 44 of the Bill be amended— (a) by deleting sub-clause (1); (b) in sub-clause (2) by deleting the word “child” and substituting therefor the word “pupil”.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 46 of the Bill be amended— (a) in subsection (2) by deleting the words “county executive committee member” and substituting therefor the word “relevant stakeholders including the national and county quality assurance bodies”; (b) in subsection (4) by deleting the words “county executive committee member” and substituting therefor the words “Kenya Institute of Curriculum Development”; (c) by deleting sub-clause (5); (d) in sub-clause (6) by deleting the words “county executive committee member” and substituting therefor the word “Kenya Institute of Curriculum Development”

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 47 of the Bill be deleted.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 48 of the Bill be amended— (a) by deleting subsection (2)(b); (b) by deleting subsection (3); (c) by deleting subsection (4); (d) by inserting the following new sub clause immediately after sub-clause (2) — (2A) A head teacher of a public education centre who – (a) imposes a charge or causes any parent or guardian to pay tuition fees commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months. (b) refuses a child admitted in an education centre to attend the education centre because of failure by the parent or guardian to pay any tuition fees or charges imposed on the child, commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding twelve months or both.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 49 of the Bill be amended— (a) in sub-clause (1) by— (i) deleting the word “and” appearing after the word “materials” in paragraph (a); (ii) inserting the word “and” immediately after the word “materials” in paragraph (b); (b) deleting sub-clause (2);

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 51 of the Bill be deleted.”

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 52 of the Bill be amended by deleting the words “County Education Board” and substituting therefor the words “Teachers Service Commission”

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 55 of the Bill be amended— (a) in sub-clause (1) by inserting the words “County Education” immediately before the word “Board. (b) deleting sub-clause (3) (c) deleting sub-clause (4) (d) deleting sub-clause (5) (e) deleting sub-clause (6)

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 56 of the Bill be deleted.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 59 of the Bill be deleted and substituted with the following new clause— Interim accreditation 59. (1) The County Education Board may, in consultation with the County executive member grant to an applicant a certificate of interim accreditation where the County Education Board is not satisfied that that the education centre complies with the prescribed accreditation standards. (2) An education centre to which a certificate of interim accreditation is issued under subsection (2) shall address areas of non-compliance within such a period as may be specified by the County Education Board not exceeding twelve months from the date on which the certificate is issued and on compliance, resubmit an application to the County Education Board for full accreditation. (3) The certificate of interim accreditation shall be deemed to have expired if an education centre fails to meet the accreditation standards within the period specified by the County Education Board. Grant of accreditation. 59A. (1) The County Education Board in consultation with the County executive member, may — (a) grant to an applicant a certificate of accreditation upon satisfaction that the education centre complies with the prescribed accreditation standards and meets the requirements under this Act; (b) reject the application. (2) The certificate of accreditation shall be valid for a period of five years and renewable subject to the education centre meeting the prescribed conditions. (3) The County Education Board may defer its decision on an application for accreditation and require the applicant to submit to it such additional information or take such measures as it may consider necessary. Renewal of accreditation. 59B. (1) An education centre may make an application for renewal of its accreditation to the County Education Board in the prescribed form.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 60 of the Bill be amended in— (a) the opening statement by deleting the words “under section 60”; (b) paragraph (a) by deleting the words “throughout the period of accreditation”; (c) paragraph (b) by deleting the words “section 48 and such further standards as may be determined by the Kenya Institute of Curriculum Development in consultation with the County Education Board” and substituting therefore the words “under section 47 and such further standards as may be determined under this Act”

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 61 of the Bill be deleted.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 62 of the Bill be amended by deleting sub-clause (2).

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 64 of the Bill be deleted and substituted with the following new Clause—

64 (1) The County Education Board shall establish and maintain a register of accredited education centres. (2) The register established and maintained under subsection (1) shall be open to the public for inspection.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 65 of the Bill be amended — (a) in the opening statement by inserting the words “in consultation with the Education Standards and Quality Assurance Council” immediately after the word “committee”; and (b) in sub clause (2) by deleting the words “in consultation with the Education Standards and Quality Assurance Council” in paragraph (d)

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 66 of the Bill be deleted

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 67 of the Bill be deleted.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 68 of the Bill be amended in— (a) sub-clause (1) by deleting— (i) paragraph (d); and (ii) paragraph (e) (b) sub-clause (4) by deleting the words “county executive committee member” and substituting therefor the words “Cabinet Secretary”.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 71 of the Bill be deleted.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 72 of the Bill be amended— (a) in sub-clause (2) by deleting the words “county executive committee member may, taking into account any policies, standards or regulations applying to all education centres prescribed by the Cabinet Secretary” and substituting therefor the words “Cabinet Secretary may”

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 74 of the Bill be amended— (a) in paragraph (a) by— (i) deleting subparagraph (i) an substituting therefor the following new subparagraph—; “(i) deleting the words “pre-primary education institutions and” and substituting therefore the word “early childhood education” in the definition of the word “basic education” (b) inserting the following new paragraph immediately after paragraph (a)— (aa) in section 4(g) by deleting the word “ pre-primary” and substituting therefor the words “early childhood”. (c) deleting paragraph (b) and substituting therefor the following new paragraph— “in section 18(1) by deleting the word “pre-primary” and substituting therefor the words “early childhood”. (d) inserting the following new paragraphs immediately after paragraph (b)— (ba) in section 26(1) by deleting the word “preprimary” and substituting therefor the words “early childhood”. (e) in paragraph (c) by inserting the words “and substituting therefor the words “early childhood” after the expression “Section (28) (2)(a)”. (f) by inserting the following new paragraphs immediately after paragraph(c)— (ca) in section 41 by deleting the word “pre-primary” appearing in paragraph (a) and substituting therefor the words “early childhood.” (g) in paragraph (d) by inserting the words “and substituting therefor the words “early childhood” after the expression “Section 44(2)”.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, the following new clause be inserted immediately after Clause 20— Change of premises.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, the following new clause be inserted immediately after Clause 21— Obligations of a private education centre 21A. A private early childhood education provider registered under this Act shall— (a) establish the structures necessary for the management and administration of education within the centre; (b) recruit persons who are qualified and registered by the Teachers Service Commission to teach the early childhood education curriculum in the education centre; (c) administer a curriculum that adheres to the early childhood education policy and this Act; (d) maintain premises in a manner that ensures that it meets the requirements of the occupational health, safety regulations and building standards; (e) maintain necessary teaching and learning materials and equipment; (f) maintain a data bank on pupils admitted in the education centre and submit to the county executive committee member; and (g) meet such other requirements as the committee executive committee member, in consultation with the County Education Board, may consider necessary for the delivery of quality early childhood education services within the county.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairperson, Sir, I beg to move:- “THAT, the following new clause be inserted immediately after Clause 61— Suspension of a certificate of accreditation 61A. (1) The County Education Board may, in consultation with the County executive committee member suspend a certificate of accreditation issued to an education centre for a specified period where the centre fails to comply with the standards of accreditation until the standards are met. (2) The County Education Board shall communicate a decision made under subsection (1) to the education centre specifying the reasons for the decision, the non- compliance noted and the action required to be taken by the education centre.

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- “THAT, Clause 2 of the Bill be amended— (a) in the definition of the term “children with special needs” by deleting the word “special needs” and substituting therefor the word “disabilities”; (b) in the definition of the term “principal” by deleting the term “principal” and substituting therefor the term “head teacher” (c) by deleting the definition of the word “child” and substituting therefor the following new definition— “child” has the meaning assigned to it under the “Children’s Act” (d) by deleting the definition of the word “teacher” and substituting therefor the following new definition— “teacher” has the meaning assigned to it under the Teachers Service Commission Act” (e) by inserting the following new definitions in proper alphabetical sequence— “Board of Management” means the Board of management of an education centre. “Education Appeals Tribunal” means the Appeals Tribunal established under section 92 of the Basic Education Act; “pupil” means a person who meets criteria for admission to early Childhood Centre as the Cabinet Secretary may, in consultation with the County Education Board, prescribe;

(Sen. (Dr.) Machage): Hon. Senators, Division will be at the end. Next order. Where is the Mover?

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.139, I beg to move that the Committee do report progress on its consideration of the National Assembly Amendments to the County Early Childhood Education Bill (Senate Bill No.32 of 2014) and seek leave to sit again tomorrow.

(Sen. (Dr.) Machage): Proceed, Chairperson.

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered the National Assembly amendments to the County Early Childhood Education Bill (Senate Bill No.32 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.

(Sen. (Dr.) Machage): Sen. (Prof.) Lesan, please approach the Chair.

Next order.

(Sen. (Dr.) Machage): Order, hon, Senators, we are on Order No.19, Committee of the Whole to consider the Medical Practitioners and Dentists (Amendment) Bill (Senate Bill No.2 of 2016).

(Sen. (Dr.) Machage): Division will be at the end.

Division will be at the end.

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.139, I beg to move that the Committee do report progress on its consideration of the Medical Practitioners and Dentists (Amendment) Bill (Senate Bill No.2 of 2016).

(Sen. (Dr.) Machage): Proceed, Chairperson.

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered the Medical Practitioners and Dentists (Amendment) Bill (Senate Bill No.2 of 2016) 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.

(Sen. (Dr.) Machage): Hon. Senators, due to unavoidable circumstances I will defer Order No.20, 21, 22 and 23.

(Sen. (Dr.) Machage): Order! Hon. Senators, there being no other business, the Senate stands adjourned until tomorrow Wednesday, 14th June, 2017 at 2.30 p.m. The Senate rose at 5.30 p.m.