Hon. Senators, on the request of the Senate Majority Leader via letter Reference No. SEN/SML/COR dated 20th July, 2020, and with the support of the requisite number of Senators, I appointed today, Thursday, 23rd July, 2020, as a day for a Special Sitting of the Senate vide Gazette Notice No.4956 dated 22nd July, 2020.

In the Gazette Notice, I indicated that the business to be transacted at this Special Sitting shall be the consideration of– (i) The Independent Electoral and Boundaries Commission (Amendment) (No.3) Bill (National Assembly Bills No.35 of 2019); (ii) The County Tourism Bill (Senate Bills No.5 of 2019); (iii) The Care and Protection of Child Parents Bill (Senate Bills No.11 of 2019); and, (iv) The Third Basis for allocating, among the counties, the share of national revenue that is annually allocated to the counties. These agenda items are reflected in the Order Papers for the morning and afternoon sittings.

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Hon. Senators, concerning debate on the Third Basis for allocating, revenue among the county governments, the share of national revenue, the Chairperson of the Standing Committee on Finance and Budget laid on the Table of the Senate the report of the Standing Committee and gave Notice of Motion for its consideration during the Special Sitting of the Senate held on Monday, 13th July, 2020. What is left for the Senate to do is debate the Motion and make a determination on the matter.

I have received notification from several Senators that they intend to move amendments to the Motion. These amendments have been reviewed by the Parliament Budget Office (PBO) and the Office of the Clerk of the Senate and are appended to the Order Papers. As I indicated in my Communication during the Special Sitting held on 13th July, 2020, debate on the Motion at Order Nos.2 and 1 in the Order Papers shall be considered and disposed of in accordance with Part 12 on Motions and Part 17 on Rules of Debate of the Standing Orders.

Hon. Senators, in accordance with Standing Order No.35, the business specified in the Gazette Notice and as outlined above shall be the only business before the Senate during the Special Sitting, following which the Senate shall stand adjourned until Tuesday, 28th July, 2020, at 2.30 p.m. in accordance with the Senate Calendar.

I thank you.

Hon. Senators, I am told that the Chairman of the Committee on Finance and Budget is preparing. In that case, we will rearrange the Order Paper and start with Order Nos. 3, 4, and 5.

Hon. Senators, kindly take your seats. We want to consider The Independent Electoral and Boundaries Commission (Amendment) (No. 3) Bill (National Assembly Bills No.35 of 2019).

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Madam Temporary Chairperson, I beg to move– THAT Clause 2 of the Bill be amended— (a) in paragraph (a) by deleting the word “eleven” appearing immediately after the words “therefor the words” and substituting therefor the word “seven”; (b) by deleting paragraph (b) and substituting therefor the following new paragraph— (b) by deleting paragraph 1(2) and substituting therefor the following new subparagraph—

(2) The selection panel shall consist of— (a) two men and two women

nominated by the Parliamentary Service Commission; (b) one person nominated by the Law Society of Kenya; and (c) two persons nominated by the Inter-religious Council of Kenya. (c) by inserting the following new paragraph immediately after paragraph (b)— (ba) by inserting the following new paragraph immediately after paragraph 1(2)— (2A) A person is qualified for appointment as a member of the selection panel if such person— (a) is a citizen of Kenya; (b) meets the requirements of leadership and integrity set out in Chapter Six of the Constitution; and (c) holds a degree from a university recognised in Kenya.

The Division will be at the end.

The Division will be at the end.

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the Independent Electoral----

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Hon. Senators, kindly consult in low tones. Senators, the House is in progress. Let us respect what is going on in the House. Hon. Senators, we would like to do Divisions for all of them at the same time, so we move to the next Bill, which is the County Tourism Bill (Senate Bills No. 5 of 2019). Is the Chair around? He is around.

Madam Temporary Chairperson, I beg to move– THAT Clause 3 of the Bill be amended by deleting the words “provided that provisions amending the Tourism Act shall not be restricted to local tourism” appearing immediately after the words “respective county.”

(Sen.) Nyamunga): The Division will be at the end.

Madam Temporary Chairperson, I beg to move – THAT clause 4 of the Bill be amended by deleting sub-clause 2 and substituting therefor the following new sub-clause- (2) The county executive committee member shall, in discharging the functions under this Act, facilitate public participation.

(Sen.) Nyamunga): The Division will be at the end.

Madam Temporary Chairperson, I beg to move – THAT Clause 5 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (1)- (1A) In making a decision to designate an area as a special local tourism management area under subsection (1), the county executive committee

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member shall consult the National Environment Management Authority and the National Museums of Kenya.

The Division will be at the end.

Madam Temporary Chairperson, I beg to move – THAT Clause 6 of the Bill be amended- (a) in sub-clause (3) by deleting the words “the Authority” appearing immediately after the words “be prescribed by”; (b) by inserting the following new sub-clause immediately after sub-clause (3)- (3A) The fee prescribed by a county executive committee member under subsection (3) shall not exceed the maximum amount prescribed in regulation by the Cabinet Secretary.

( Question of the amendment proposed)

The Division will be at the end.

The Division will be at the end.

Madam Temporary Chairperson, I beg to move – THAT Clause 12 of the Bill be amended in sub-clause (3) by deleting the words “the Authority” appearing immediately after the words “fee prescribed by” and substituting therefor the words “the county executive committee member.”

The Division will be at the end.

The Division will be at the end.

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Madam Temporary Chairperson, I beg to move – THAT clause 14 of the Bill be amended- (a) by deleting sub-clause (1) and substituting therefor the following new sub- clause- (1) The Cabinet Secretary shall, in consultation with the Council of County Governors make Regulations for the better carrying out of the provisions of this Act. (b) in sub-clause (2) by inserting the following new paragraph immediately after paragraph (b) – (ba) the maximum amount of fees payable on application for the issuance, renewal or variation of a license under this Act;

(Sen. Nyamunga); The Division will be at the end.

The Division will be at the end.

Madam Temporary Chairperson, I beg to move –

THAT the Bill be amended by inserting the following new clause immediately after clause 3- Responsibilities of National Government. 3A. The National Government shall, in promoting county tourism- (a) formulate and develop guidelines for sustainable practices relating to local tourism recommend to the council of county governors best practices for the promotion of local tourism; (b) develop guidelines on uniform standards for the promotion of local tourism; and (c) establish a framework for the monitoring and evaluation of programs and activities on local tourism;

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(d) make recommendations to county governments based on monitoring and assessment of tourist activities and services to enhance continuous improvement and adherence to principles of sustainable local tourism.

Sen. (Dr.) Ali, can you approach the Chair.

The Division will be at the end.

Madam Temporary Chairperson, I beg to move – THAT the Bill be amended by inserting the following new clause immediately after Clause 16 Consequential amendment.

The Division will be at the end.

Madam Temporary Chairperson, I beg to move – THAT the title to the First Schedule to the Bill be amended by deleting the word “FIRST” appearing immediately before the word “SCHEDULE”

The Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT Clause 2 of the Bill be amended by inserting the following new definitions in the correct grammatical sequence- “Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to tourism; “National Environment Management Authority” means the National Environment Management Authority established under Section 7 of the Environmental Management and Coordination Act; “National Museums of Kenya” means the National Museums of Kenya established under Section 3 of the National Museums and Heritage Act.

The Division will be at the end.

The Division will be at the end.

Hon. Senators, we now move to The Care and Protection of Child Parents Bill (Senate Bills No. 11 of 2019).

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Division will be at the end.

Madam Temporary Chairperson, I beg to move - THAT Clause 4 of the Bill be amended in sub clause (2) by- (a) deleting the words “family life” appearing at the end of paragraph (a) and substituting therefor the word “parenting”; (b) inserting the following new paragraph immediately after paragraph (b)- (ba) collaborate with the National Social Assistance Authority to ensure that needy child parents of children born with special needs or their care takers, are beneficiaries of social assistance; and, deleting the word “students” appearing at the end of paragraph (d) and substituting therefor the word “learners”.

Are there further amendments proposed?

Thank you, Madam Temporary Chairperson. I second the amendments.

Please read it as it is in the Order Paper. The amendments are the same. Therefore, you need to formally withdraw that amendment because there is already an amendment of the same nature.

Madam Temporary Chairperson, I second the amendments.

No, withdraw.

Madam Temporary Chairperson, I beg to withdraw what I stated. I beg to withdraw my further amendment to the Clause 4 as indicated in the Order Paper.

Senator, once you withdraw, that is it. You do not need to add anything else.

Madam Temporary Chairperson, on Clause 4, I was a bit at a loss because the amendment on Clause 4 by the Committee is exactly the same amendment---

That is why Sen. (Dr.) Musuruve had to withdraw her amendment.

Madam Temporary Chairperson, she was a Member of the Committee at that time. Madam Temporary Chairperson, I beg to move: -

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THAT Clause 5 of the Bill be amended in paragraph (b) by deleting the word “students” appearing immediately after the words “that ensure that” in subparagraph (ii) and substituting therefor the word “learners”. It is a simple amendment. It is just changing the word “students” to “learners” for consistency.

Division will be at the end.

Madam Temporary Chairperson, I beg to move: - THAT Clause 6 of the Bill be amended in subclause (1) by deleting paragraph (e) and substituting therefor the following new paragraph- (e) put in place programmes- (i) aimed at capacity building for child parents to ensure that they are able to support their families; and (i ) for responsible parenting.

Division will be at the end.

Madam Temporary Chairperson, I beg to move: - THAT Clause 7 of the Bill be amended in subclause (2) by deleting the words “and encouraging positive sexual behaviour amongst children in the institution” appearing at the end of paragraph (a). It is a very simple deletion.

Division will be at the end.

Madam Temporary Chairperson, I beg to move: - THAT clause 8 of the Bill be amended- (a) by deleting the marginal note and substituting therefor the following new marginal note- Rights of pregnant and parenting learners. (b) in subclause (2) by deleting the word “student” appearing at the end of paragraph (a) and substituting therefor the word

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“learner”. Madam Temporary Chairperson, it is a simple deletion of a marginal note as well as using the word “learner” instead of “student” for consistency as earlier done.

Division will be at the end.

Division will be at the end.

Madam Temporary Chairperson, I beg to move: - THAT

Division will be at the end.

Madam Temporary Chairperson, I beg to move: - THAT Clause 11 of the Bill be amended by- (a) deleting subclause (1) and substituting therefor the following new subclause— (1) Every case of a child who falls pregnant in an institution of basic education shall be handled by the management of the institution of basic education in a manner that ensures confidentiality. and (b) deleting subclause 3.

Division will be at the end.

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Division will be at the end.

Madam Temporary Chairperson, I beg to move: - THAT Clause 14 of the Bill be amended by deleting subclause (2). This is a simple deletion.

Division will be at the end.

Madam Temporary Chairperson, I beg to move: - THAT Clause 15 of the Bill be amended in subclause (1) by deleting the word “students” appearing immediately after the words “and parenting” in paragraph (d) and substituting therefor the word “learners”. Madam Temporary Chairperson, this is a simple change from the word “students” to “learners.”

Division will be at the end.

Division will be at the end.

Madam Temporary Chairperson, I beg to move: - THAT

Division will be at the end.

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Division will be at the end.

Madam Temporary Chairperson, I beg to move: - THAT Clause 2 of the Bill be amended by- (a) deleting the definition of the term “child parent” and

substituting therefor the following new definition- “Child parent” means a person who has not attained the age of eighteen years and is a mother or a father of a child; and

(b) inserting the following new definition immediately

after the definition of the term “county executive committee member”- “Learner” has the meaning assigned to it under the Teachers Service Commission Act, 2012; Madam Temporary Chairperson, it is a deletion to define the “child parent” being a person who has not attained the age of 18 years and is a mother or a father of a child and an insertion of the word “learner,” for neatness and consistency with the other laws of the land.

Division will be at the end.

The Division will be at the end. Can the Division Bell be rung for five minutes because we want to do the divisions?

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Order, hon. Senators. Kindly, take your seats. We want to do the Divisions. Please, Sen. Kang’ata, can you confirm the numbers? Sen. Kang’ata, we are waiting for you. We need to know the numbers. We are starting with the first Division on the Independent Electoral and Boundaries Commission (Amendment) (No. 3) Bill (National Assembly Bills No. 35 of 2019) which has two Divisions.

Madam Temporary Chairperson, sorry, I know I am not supposed to raise a point of order, but is it possible you give directions on voting? This is because we have very few Members here; the majority are outside.

The Senators who are in the Chamber are going to vote electronically. Senators at the extension will be required to come and vote manually.

Madam Temporary Chairperson, can we have a sheet where the people who are outside can vote as opposed to them walking in? It is going to take too long and we want to get to the Motion as quickly as possible.

The Senators will be facilitated from outside there. Hon. Senators, we will start with the Independent Electoral and Boundaries Commission (Amendment) (No.3) Bill. I put the Question that Clause 2 be amended as proposed. Kindly proceed to vote, Senators.

Hon. Senators, I put the question that the New Clause 3A and 17 be now read a Second Time. Kindly, go ahead and vote.

We cannot consolidate three questions in one. Hon. Senators, assisted voters to approach the Dispatch Box.

Hon. Senators, if you are within the Chamber and you have not voted electronically, please, come and sign at the Dispatch Box.

Hon. Senators. We are moving to the Second Division on the same Bill of the County Tourism Bill (Senate Bills No. 5 Of 2019). We are doing the Second Division. I put the question that Clauses 3, 4, 5, 6, 12, 14, the First Schedule, and Clause 2 be amended as proposed. Kindly, vote.

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Any assisted voters within the Chamber? The Senate Majority Leader, have you voted? Hon. Senators, we are doing the last voting on the County Tourism Bill (Senate Bills No. 5 of 2019). I put the question that Clauses 3 (as amended), 4 (as amended), 5 (as amended) ---

Hon. Senators, can we have your attention? I put the question Clauses 3 (as amended), Clause 4 (as amended), 5 (as amended), 6 (as amended), 7, 8, 9, 10, 11, 12 (as amended), 13, 14 (as amended), 15, 16, New Clause 3a, New Clause 17, the First Schedule (as amended), Clause 2 (as amended), the Tittle and Clause 1 be part of the Bill. Hon. Senators, go ahead and vote.

Hon. Senators, the assisted voters within the Chamber, please, come forward to the Dispatch Box.

Hon. Senators, we will now proceed to the last Bill; The Care and Protection of Child Parents Bill (Senate Bills No.11 of 2019).

I will now put the Question; that Clauses 4, 5, 6, 7, 8, 10, 11, 14, 15, 23 and Clause 2 be amended as proposed.

Hon. Senators, please, vote.

Any assisted voters within the Chamber, please, come forward. We are now doing our last vote under The Care and Protection of Child Parents Bill (Senate Bills No.11 of 2019).

I now put the Question; that Clauses 3, 4 (as amended), 5 (as amended), 6 (as amended), 7 (as amended), 8 (as amended), 9, 10 (as amended), 11 (as amended), 12, 13, 14 (as amended), 15 (as amended), 16, 17, 18, 19, 20, 21, 22, 23 (as amended), 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 2 (as amended), The Title and Clause 1 be part of the Bill.

Kindly, vote.

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Assisted voters to approach the Clerk’s Table. Any Member within the Chamber who has not voted, kindly come forward and vote.

Hon Senators, we are ready to give the results of the divisions.

Hon. Senators, the results are as follows:

Hon. Senators, the results are as follows:

Hon. Senators, the results are as follows:

Hon. Senators, the results are as follows:

Hon. Senators, the results are as follows:

Hon. Senators, the results are as follows:

Hon. Senators, the results are as follows:

Hon. Senators, we are now ready to give reports. I advise the Movers to be around, so that they can report. We will start with The Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bills No.35 of 2019).

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of The Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bills No. 35 of 2019) and its approval thereof with amendments.

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Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of The County Tourism Bill (Senate Bills No.5 of 2019) and its approval thereof with amendments.

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its considerations on The Care and Protection of Child Parents Bill (Senate Bills No.11 of 2019) and its approval thereof with amendments.

Hon. Senators, please, remain in the Chamber because we will vote on the Third Readings of these Bills. Yes, Sen. Nyamunga.

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered The Independent Electoral and Boundaries Commission (Amendment) (No.3) Bill (National Assembly Bills No.35 of 2019) and its approval thereof with amendments.

Mr. Speaker, Sir, I beg to move that the House do agree with the Committee in the said Report. I ask Sen. Dullo to second.

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Mr. Speaker, Sir, I second.

Mr. Speaker, Sir, I beg to move that The Independent Electoral and Boundaries Commission (Amendment) (No. 3) Bill (National Assembly Bills No. 35 of 2019) be now read a Third Time. I ask Sen. Dullo to second.

Mr. Speaker, Sir, I second.

Hon. Senators, we will do the three Divisions at the end. Yes, Chairperson. THE COUNTY TOURISM BILL (SENATE BILLS NO. 5 OF 2019)

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Tourism Bill (Senate Bills No. 5 of 2019) and its approval thereof with amendments.

Thank you, Mr. Speaker, Sir. I beg to move that the House do agree with the Committee on the said report. I ask Sen. (Dr.) Musuruve to support.

Mr. Speaker, Sir, I second.

Mr. Speaker, Sir, I beg to move that The County Tourism Bill (Senate Bills No.5 of 2019) be now read a Third Time. I ask Sen. (Dr.) Musuruve to second.

Mr. Speaker, Sir, I second.

The Division will come at the end.

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered The Care and Protection of Child Parents Bill (Senate Bills No.11 of 2019) and its approval thereof with amendments.

Mr. Speaker, Sir, I beg to move that the House do agree with the Committee on the said Report. I ask Sen. Farhiya to second.

Mr. Speaker, Sir, I second.

Mr. Speaker, Sir, I beg to move The Care and Protection of Child Parents Bill (Senate Bills No.11 of 2019) be now read a Third Time. I ask Sen. Farhiya to second.

Mr. Speaker, Sir, I second.

I now direct that the Bell be rung for five minutes in respect of The Independent Electoral and Boundaries Commission (Amendment) (No. 3) Bill.

We are taking a Division on the Independent Electoral and Boundaries Commission (Amendment) (No. 3) (National Assembly Bills No. 35 of 2019). Those who are able to vote electronically will vote electronically and the others will be treated as assisted voters. Let us vote.

Assisted voters, are you through? Sen. (Prof.) Ongeri is the last one.

Hon. Senators, as they tabulate the results, we can vote on The County Tourism Bill (Senate Bills No.5 of 2019).

Let us vote.

Order Members. Let us take our seats. I realize you are not even observing social distance. Order Members! It is important you listen to what I am saying.

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Hon. Senators, the results of the voting are as follows:

Hon. Senators, the results of the voting are as follows:

Hon. Senators, the results of the voting are as follows:

Next order.

The Senate Majority Leader, proceed.

Mr. Speaker, Sir, I did ask for as a Special Sitting for 10.00 a.m. this morning. My request now is, because the Mover is not here, we consider adjourning---

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Order, Senators!

Mr. Speaker, Sir, I request as the Senate Majority Leader that the meeting be held on another day so that we can make conclusions.

Order! Order Senators! There is only one Speaker in this Senate. The Senate Majority Leader had requested that we have this Special Sitting today. This is a matter of great concern. Therefore, I want to ask the Chairperson of the Committee to hasten this process because it is taking exceedingly long. He must provide leadership.

Order! Order, Members!

Therefore, I am directing that the House be now adjourned to Tuesday, 28th July, 2020, at 2.30 p.m.

The Senate rose at 12.32 p.m.

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