Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No. 41(3) (4), I received the following message from the Speaker of the National Assembly regarding the passage of the the Coffee Bill (Senate Bills No.22 of 2020).

The Message which is dated Wednesday, 27th April, 2022 was received on 28th April, 2022 pursuant to the Standing Orders. I now report the Message:

Pursuant to the provisions of Standing Order No. 41(1) of the National Assembly, I hereby convey the following Message from the National Assembly. “Whereas the Coffee Bill (Senate Bills No.22 of 2020) was passed by the Senate on Thursday, 5th August, 2021 with amendments and referred to the National Assembly for consideration and whereas the National Assembly passed the Bill on Wednesday, 13th April, 2022, with further amendments as contained in the schedule of amendments attached herewith. Now therefore, in accordance with the provisions of Article 110 of the Constitution and Standing Order No. 41(1) and 144 of the National Assembly Standing Orders, I hereby convey the said decision of the National Assembly to the Senate”. Hon. Senators pursuant to the provisions of Article 110 (4) of the Constitution and the Senate Standing Orders No.41 (6) (c) and 159. I hereby direct that the schedule of the National Assembly amendments be duly circulated to all Senators. I further direct that the Standing Committee on Agriculture, Livestock and Fisheries considers the said amendments and reports as soon as practically possible. I thank you.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Next Order!

The Chairperson of the Standing Committee on Education is not in the Chamber. The petition is therefore deferred. Next Order!

Sen. Farhiya, please proceed on behalf of the Senate Majority Leader.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today Wednesday, 4th May, 2022.

The Annual Report of the Office of the Registrar of Political Parties for the financial year 2020/2021.

Next Order!

The Chairperson for the Standing Committee on Agriculture, Livestock and Fisheries is not in the House. The Statement is deferred. Let us proceed to the next Statement.

The next one is the Chairperson for the Standing Committee on Devolution and Intergovernmental Relations. Sen. Ngugi, proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 51 (1) (b) to make a Statement on the activities on the Standing Committee on Devolution and Intergovernmental Relations for the period commencing 1st January, 2022 to 25th April, 2022. Mr. Speaker, Sir, within this brief period the Committee has been robustly looking into the matter of the illegal evictions of residents of staff housing units and land in Pumwani and Eastleigh wards. This matter came before the Committee vide a request for Statement by Sen. Omanga. Mr. Speaker Sir, in its invitation of the atrocities meted out on the evictees, the Committee has held several meetings with the Cabinet Secretary (CS) Ministry of Lands and Physical Planning, the Governor of Nairobi City County, the Director General (DG) of Nairobi Metropolitan Services (NMS), the Inspector General of police(IG), the Director of Lands and Urban Planning in Nairobi Metropolitan Services and the Managing Director of the Nairobi Water and Sewerage Company to inquire on this matter. The purpose of these meetings has been to investigate the following:

(a)Who ordered and authorized these evictions and who executed these orders?

(b)Who are the owners of these properties as per the official records?

(c)Who benefitted from these evictions?

(d)Has anything been done to compensate the evictees?

(e)Were the evictions carried out as per the provisions of the law?

Mr. Speaker Sir, the Committee has in addition received tearful testimonials from the evictees on the manner in which they were treated, leading to the loss of their properties and their homes. As the Committee winds up its inquiry, it plans to meet with the Directors of the four companies that benefitted from the evictions and are currently developing the land.

The impact of the Committee’s investigations cannot be underrated. The evictees are now experiencing a palpable sense of hope and a great expectation that the Senate shall give them the justice they deserve. Justice that so far has been seemingly elusive and not forth coming from law enforcement agencies or the Judicial system.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

The Committee plans to retreat and write an explosive report on the injustices that have been carried out within the lands sector in Nairobi City County.

I would also like to take this opportunity to thank Sen. Sakaja Johnson, CBS, MP and Sen. Millicent Omanga, MP, who have been steadfast friends to the Committee and aided in our investigations by attending all meetings, furnishing additional information where necessary and assisting in soothing the victims of the evictions. We appreciate their contributions and wish them success in all their endeavors.

As I conclude, the Committee intends to carry out the following key activities during the next quarter: - (a)A meeting with the Kenya Private Sector Alliance (KEPSA) to consider future areas of collaboration. (b)A thorough investigation into the alleged illegal payment of legal fees to out- sourced law firms by Nairobi City County and possibly all other Counties. (c)A County visit to Nyandarua County in order to spearhead a mediation process between the warring factions of the County Assembly and the County Executive, and hopefully broker peace for the remainder of this term. (d)A County Visit to Machakos County to investigate the declassification of the County as an Arid and Semi-Arid land, thereby robbing the County of the special concessions it receives for being classified as such; and (e)A retreat with the Nairobi Metropolitan Services Director General to deliberate on the success and challenges faced during their tenure and a way forward in order to ensure future transfers of functions are carried out seamlessly without clawing back on the gains made in devolution. The Committee shall also undertake activities suo motu that have the general aim of strengthening Devolution. I therefore wish to appreciate the Office of the Speaker, the Senate Leadership and the Office of the Clerk of the Senate, for the steadfast support that they have accorded this Committee.

This has been presented on behalf of my able Chairperson of the Standing Committee on Devolution and Intergovernmental Relations, Senator Moses Kajwang’.

I thank you Mr. Speaker.

Hon. Lusaka): Order Senators! I defer all the Orders from Order No 8 to Order No. 22 and go to Order No. 23.

Next Order.

Mr. Speaker Sir, I beg to move – THAT the SACCO Societies (Amendment) Bill (National Assembly Bills No. 55 of 2021) be now read a second time. The Bill was published on 26th November, 2021, passed by the National Assembly and referred to the Senate on the 17th of February 2022. The principal object of the Bill is to amend the SACCO Society Act No. 14 of 2008 by providing the usage of Information Communication Technology (ICT) in collecting and receiving statutory reports. This is aimed at reducing the regulatory reporting burden on the Savings and Credit Co-operative Societies (SACCOs) and ensuring a faster, efficient and accurate reporting monitoring and analysis of SACCOs financial status at any time. This will be the corner stone of risk-based supervision. The Bill also seeks to realign the definition and roles of the Minister to the Cabinet Secretary and also the responsibility and the Office of the Controller of Budget as reflected in the Act to be line with the Constitution. Mr. Speaker Sir, as Honorable Senators are aware, SACCO societies are quite useful as they provide access to sustainable financial services. They also provide low- income families with safe place to save their income at their area or village at reasonably priced loans. The success and competitiveness of every SACCO society is determined by its responsiveness to its evolving environment. Innovativeness is regarded as one of the significant drivers to SACCO economic growth and success with ability to innovate being considered one of the main competitive advantages for the firms. For this reason, there is need for SACCOs to grasp and master the concepts of innovativeness and innovation in their environment. SACCOs need to value the impact of ICT and use on innovation capability of their firms. The use of ICT will significantly increase the capability of the SACCO to be innovative and achieve higher operational and financial performance. This underscores the importance of this Bill.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

The Bill has a total of nine clauses as follows: Clause one of the Bill is a short title; Clause two of the Bill amends the Act to align the definition of the term Minister to now Cabinet Secretary. Clause three of the Bill amends Section Four of the Act to provide that the person shall not be qualified for appointment as a member of the Board of the SACCO Societies Regulatory Authority, if the person is a Member of Parliament (MP) or Member of County Assembly (MCA), or is one who does not meet the requirements of Chapter Six of the Constitution of Kenya 2010. Clause 4 of the Bill seeks to amend Section 20 of the Act, to provide that Savings and Credit Co-operative Organization (SACCO) Societies Regulatory Authority shall submit its statement of income, expenditure, assets and liabilities to the Auditor-General and not to the Controller of Budget, in line with this Constitution. The amendment also seeks to make reference to the correct citation of the Public Audit Act. Clause 5 of the Bill seeks to amend Section 24 of the Act, to require an application made by a SACCO society intending to transact deposit-taking business, to be accompanied by evidence that the SACCO society meets the minimum capital requirements prescribed in the Regulations. Clause 6 of the Bill seeks to amend Section 27 of the Act, to among other things, provide that the registration of a SACCO society and the license of which is revoked under the provisions of the Act, shall be cancelled in accordance with Section 62 of the Co-operative Societies Act. Clause 7 of the Bill seeks to amend Section 45 of the Act, to make reference to the correct citation of the Companies Act. Clause 8 of the Bill seeks to amend Section 51 of the Act, to provide that where the SACCO Societies Regulatory Authority determines that a SACCO society conducts its business in a manner contrary to the provisions of the Act, or any regulation made thereunder, or any other Act, or in any other manner detrimental to or not in the best interest of its members, or members of the public, or a SACCO society is under- capitalized, the Authority shall impose financial penalties on the societies or any officer, director, committee member, employee or agent of the society for such amounts as may be prescribed through these Regulations. Clause 9 of the Bill seeks to amend the Act by inserting a new section; to provide that the Authority may establish and operate an electronic filing system for the purposes of electronic filing of statutory returns and amendments or other information required to be furnished to the Authority under the Act or any other written law. As I conclude, I urge hon. Senators to consider and pass this important Bill, in order to ensure faster, efficient and accurate reporting, monitoring and analysis of SACCOs financial status at any time by embracing Information and Communication Technology (ICT). Mr. Speaker, Sir, with those few remarks, I beg to move and request Sen. Pareno to second. I thank you.

Mr. Speaker, Sir, I second.

Hon. Senators, I will now propose the question.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Mutula Kilonzo Jnr., do you want to contribute? Seemingly, there is no interest to contribute. I now call upon the Mover to reply.

Mr. Speaker, Sir, so that we move to other Orders, I would like to commend Sen. Pareno who seconded me. I also thank Members who have appreciated this Bill and agreed to pass it. This is an important Bill. It is the interest of everyone that SACCO societies in their counties flourish and do not lose money or are mismanaged. That is the main aim of this Bill, that they embrace ICT for purposes of profitability. Mr. Speaker, Sir, since many members of the society are involved in SACCOs, it is important as a House that we emphasize that they are well managed so that they become profitable. Every year, they should report properly on their statutory documents, so that they do not have penalties as it has been recommended here. Mr. Speaker, Sir, with those few remarks, I beg to reply and request that the putting of the question be deferred to another day, pursuant to Standing Order No.61(3). I thank you.

That is okay.

I know we had already passed Statements but using my discretion, let me ask the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries to make his Statement on the activities of the committee.

Mr. Speaker, Sir, on behalf of the Senate Standing Committee on Agriculture, Livestock and Fisheries, I want to most sincerely thank you for indulging me on this matter. Mr. Speaker, Sir, I rise pursuant to Standing Order No.51(1)(b), to make a Statement on the activities of the Standing Committee on Agriculture, Livestock and Fisheries for the period commencing 1st January to 31st March, 2022. During the period under review, the committee held a total of 10 sittings. The committee considered three Bills, two Petitions and two Statements. The committee also held a report writing retreat and public participation fora. Mr. Speaker, Sir, in respect to Bills, the Committee considered the Irrigation Amendment Bill (National Assembly Bills No.12 of 2021); the Cotton Industry Development Bill (Senate Bills No.55 of 2021); and, The Sugar Bill (National Assembly Bills No.68 of 2019).

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

The Irrigation Amendment Bill (National Assembly Bills No.12 of 2021) seeks to amend the Irrigation Act No.14 of 2019 to expand the administration and management of irrigation matters in Kenya.In relation to this Bill, the Committee carried out a public participation and held a report writing retreat between 10th and 13th March this year where it concluded its report. I am happy to report that the Bill is currently awaiting the Committee of the Whole Stage. In regard to the Cotton Industry Development Bill (Senate Bills No.55 of 2021), a Bill which seeks to provide for the regulation, development and promotion of the cotton industry, the Committee carried out public participation. We then held a report writing retreat between the 10th and 13th March this year and concluded our report. Just as the case with the Irrigation Amendment Bill, the Cotton Industry Development Bill is currently awaiting the Committee of the Whole Stage. The Sugar Bill (National Assembly Bills No.68 of 2019), the Committee carried out public participating during the period under review. However, owing to the immense interest in the Bill, the Committee extended the public participation period to 5th April, 2022 and the Committee is currently winding up consideration of the Bill and shall be tabling its report within a week’s time. Mr. Speaker, Sir, regarding statements, pursuant to Standing Order No.47(1) and (2), Statements were referred to the Committee.A Statement on the proposed production of Automated Tea plucking machines was sought by Sen. Cherargei on 9th March, 2022 and the Committee is still awaiting a response of the Statement from the Ministry of Agriculture, Livestock, Fisheries and Co-operatives. The Committee is also considering a Statement on reports of a food crisis in the country, sought by Sen. Shiyonga on 17th April, 2022. The Committee is following up on a response to the Statement, again from the Ministry of Agriculture, Livestock, Fisheries and Co-operatives. In respect to petitions, the Committee considered two petitions. One is a petition concerning the plight of seed farmers in Trans-Nzoia, which was committed to the Committee on 22nd of December, 2020. The other one was with regard to the prolonged and inordinate delay in implementation of the Lower Kuja Irrigation Development project and continued delay in land compensation. This Petition was committed to this Committee on 9th of February, 2022. In regard to the Petition concerning the plight of seed farmers in Trans-Nzoia County, the Committee prepared its report between 10th and 13 March, 2022 and subsequently tabled the said report in the Senate. Mr. Speaker, Sir, on the Petition regarding the prolonged and inn oddly delay in implementation of the Lower Kuja Irrigation Development Project and continued delay in land compensation, the Committee met with the petitionerson 11th March, 2022. The Committee is currently engaging the Ministry of Water, Sanitation and Irrigation and National Irrigation Authority on the Petition. Lastly and going forward, the Committee intends to conclude pending legislative Businessthat is before the Committee. Particularly, such Business that may be subject to timelines provided under the Standing Orders or any other Law. I thank you.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you.

Hon. Senators, for the convenience of the House, I want to rearrange the Order Paper so that we go to Order No.25, Committee of the Whole.

Hon. Senators, we are in the Committee of the Whole

Division will be at the end.

Division will be at the end

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Chairperson, I beg to move-

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 definition immediately after the definition of the term “commercial irrigation farmer” — “county executive committee member” means the county executive committee member responsible for matters relating to irrigation.

Division will be at the end.

Division will be at the end. Hon. Senators, we definitely do not have the numbers to do the Divisions. So, we will proceed to report progress

Proceed, Senate Majority Leader.

Madam Temporary Chairperson, I beg to move that the Committee do report to the House its consideration of the Irrigation (Amendment) Bill National Assembly Bill---

Senate Majority Leader, kindly approach the Table.

I beg your pardon, Madam Temporary Chairperson. Pursuant to Standing Order No. 148, I beg to move that the Committee of the Whole do report progress on its consideration of the Irrigation (Amendment Bill) (National Assembly Bills No. 12 of 2021 and seek leave to sit again tomorrow.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Proceed, Sen. Wambua.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Irrigation (Amendment Bill) (National Assembly Bills No. 12 of 2021 and seeks leave to sit again tomorrow. The Temporary Speaker (Sen. Pareno): Mover, Senate Majority Leader. The Senate Majority Leader (Sen. Poghisio): Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I ask Sen. Farhiya to second. Sen. Farhiya: Madam Temporary Speaker, I second.

Hon. Senators, there being no other business in the Order Paper, the Senate stands adjourned until Tomorrow, Thursday, 5th May, 2022 at 2:30 p.m.

The Senate rose at 3.15p.m.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.