Clerk, do we have quorum?

Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

I am informed we now have quorum. Clerk, proceed to call the first Order.

Hon. Senators, due to the business ahead, we will defer the Petitions until next week on Tuesday. Proceed to call the next order.

Senate Majority Leader, do you have any Papers to lay?

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 12th October, 2023 - Report of the Auditor General for the National Government Funds for the Financial Year 2020/2021.

The Chairperson Mediation Committee, proceed to table the report.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 12th October, 2023- Report of the Mediation Committee on the Public Finance Management (Amendment) Bill (National Assembly Bills No. 16 of 2023).

Clerk, kindly proceed to call the next order.

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT the Senate adopts the Report of the Mediation Committee on the Public Finance Management (Amendment) Bill (National Assembly Bills No. 16 of

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2023) laid on the table of the Senate on Thursday, 12th October, 2023, and pursuant to Article 113(2) of the Constitution and Standing Order 167(3) approve the agreed version of the Public Finance Management (Amendment) Bill (National Assembly Bills No. 16 of 2023).

Hon. Senators, pursuant to Standing Order 45(2) allow me to rearrange the sequence of today’s Order Paper for the convenience of the House. We will move to prosecute Order No. 14. Thereafter, we shall proceed to the Committee of the Whole. If you look at today’s Order Paper, quite a number of Bills are stuck at the Committee of the Whole. Once we are done with Order No.14, we will proceed to the Committee of the Whole. Clerk, kindly proceed to call the order as amended.

Chairperson, proceed to Move the Motion.

Thank you, Mr. Speaker, Sir. I beg to move- THAT the Senate adopts the Report of the Mediation Committee on the Public Finance Management (Amendment) Bill (National Assembly Bills No.16 of 2023) laid on the table of the Senate on Thursday, 12th October, 2023, and pursuant to Article 113(2) of the Constitution and Standing Order 167(3) approve the agreed version of the Public Finance Management (Amendment) Bill (National Assembly Bills No.16 of 2023). I must begin by congratulating our Budget and Finance Committee. If this Committee had not stood its ground and insisted on an obvious constitutional provision; the Senate must be part and parcel of the reporting mechanism on the debt situation in the country that is filed annually. The Bill proposed by the National Assembly would not have been considered. Not that this provision matters, it is a constitutional provision that cannot be taken away by a statute. However, it is important for good order. On many occasions, the National Assembly has promised us that as we undergo the process of arguing before the Supreme Court there will be good order and they will respect constitutional provisions. Mr. Speaker, Sir, I would like to appreciate the good work that was done by the Committee on Budget and Finance. The National Assembly had rejected our amendments. However, Members of the Senate in the Mediation Committee met with those in the National Assembly and were able to convince them. They saw sense in the proposal that is being made. It is on this premise that I want to urge the House to support the recommendations of the Committee, as contained in the report which is being presented before us.

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As the Senate proposed in the report, the Mediation Committee now recommends to this House that both Houses approve the new version, which will include an amendment to Clauses 2(e) and 2(f) in the proposed amendment Bill. Then Senate will become part and parcel of the reporting mechanism of the debt reports that come to the House. This is a straightforward issue. Nonetheless, the trophy and the honour go to our Budget and Finance Committee. This is important because, on many occasions, some Committees and I do not have any in mind – to avoid Members reaching out to me later to ask the Committee I was referring to – are not as diligent as this. If Members from the Budget and Finance Committee had not flagged this situation and held their ground the National Assembly would never have acceded to this. I am glad that you stood your ground this is why we are here today. We celebrate their good work. With those few remarks, given it is a straightforward amendment and something we had discussed at length, I beg to Move and request Sen. (Dr.) Lelegwe Ltumbesi, who was a Member of the Committee, to second.

Thank you, Mr. Speaker, Sir. I rise to second the Motion as moved by the Senate Majority Leader. I would like to inform the House that we had an easy time in the Mediation Committee because all the clauses considered by the Committee were agreeable to the Members who went through the report. I thank the Members of the Mediation Committee and Members from the National Assembly who agreed on all the clauses. As a result, we have tabled the report for adoption by the Senate. Thank you. I beg to second.

Sen. Ali Roba, there is a reason why we gave the Senators the Senators Lounge. It was so that they could consult. Once they are done, they come in here to transact business of the House and not to extend their consultation.

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

What is your point of order, Sen. Cherarkey?

Mr. Speaker, Sir, I rise pursuant to Standing Order No.111 on the limitation of debate to three minutes and three Members. This is so that we can expedite this matter. Since it is a straightforward matter, I call upon Sen. Mungatana to second.

Mr. Speaker, Sir, I second.

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On another matter, the systems are not operational, thus, you will guide us on how to seek your attention.

Well, the dashboard is pretty much on with only one Senator through. I have Sen. Olekina now.

Hon. Senators, kindly take your seats. As the system is being worked on, we can dispose of this Procedural Motion by the Senator for Nandi County.

Sen. Mandago and Sen. Korir, kindly. We can dispose of the Motion by the Senator for Nandi County as we wait for the system to be rebooted. I will proceed to put the question on the Motion as moved by the Senator for Nandi County.

The Motion as carried is that three minutes and three Senators speaking from each side. That is the Motion that you have just passed. On my dashboard, I have Sen. Maanzo. You will use the traditional way of raising hands when I come to this side.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to support this important mediation. Mediation arises when the two Houses have differed on a matter. On this particular matter of the debt ceiling, the idea was that the matter also be reported to the Senate. This debt ceiling eventually affects part of the monies that are acquired through borrowing and end up in devolution. Our Members were perfectly in order to negotiate with the National Assembly so that the matter does not just lie and end at the National Assembly. I was in the National Assembly for 10 years and these matters ended at the National Assembly yet they largely affected devolution. In defense of devolution, which is what we stand for as a House, it is only fair that all those matters are reported through the Senate. The Senate is very important when it comes to devolution. Also, when it comes to the Division of Revenue Bill, the matter ends up here. Therefore, whatever is being debated in the Division of Revenue Bill, which begins at the National Assembly must end up here. They are the same. For the protection of devolution, it is very important that the Senate gets involved, not only that, but any matter that touches on devolution such as agriculture, water and even delegated issues. This is so that we do not have a delegated issue ending at the National Assembly and it is a matter touching on devolution. If Senate is not involved, the whole idea of the Constitution of the devolved units would then be negated.

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I beg to support and thank the Members of the Mediation Committee of the Senate for being very good at this job and serving the interests of devolution. Thank you.

Sen. Wamatinga, you may have the Floor.

Thank you very much, Mr. Speaker, Sir. I also rise to support the report of the Mediation Committee where I sat as a Member. It is very important for the House of Senate to ensure that every Bill that is enacted does not claw back on the benefits of devolution. As champions and people mandated by the electorate to protect devolution, it is important that we ensure that the roles and functions that have been devolved are protected. Further, it is also our mandate and duty to ensure that we continue unbundling more of those functions and ensure that the funds also follow them. It has happened in the past. It will continue to happen that Bills will come before this House as they are coming. The most important thing is we should always ensure that the functions that are devolved, the funds that are supposed to be allocated to the county governments and the oversight role by the county government do not get too concentrated at the national Government. Fellow Senators, it is high time that we look into the State Corporation Act, which gives the Principal Secretaries a lot of power and then being Members of oversight committees and reporting back to themselves. This has been one of the major impediments to the implementation of the functions, the roles and service delivery by the Government to the people. Mr. Speaker, Sir, it will be prudent for us to look at that Act and ensure that when we make formations of regulatory bodies, they are not mandated to be controlled by Permanent Secretaries, but they are delineated from them, so that those functions can be as was foreseen by our Constitution 2010 and given to the county governments. Equally important---

Order, hon. Senators! Sen. Veronica Maina, as a Member of the Speakers Panel, you know better.

Thank you, Mr. Speaker, Sir. All those functions that belong to the county government must be protected. All these regulatory bodies that the national Government purports to want to formulate to be oversighted or to be controlled by the Permanent Secretaries, we must refrain from and discourage that. One of the ways will be to look at the State Corporations Act, which requires that Permanent Secretaries, in particular line Ministries, oversight those state bodies so that we do not claw back on the devolved units. Mr. Speaker, Sir, I support.

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Sen. Olekina, you have the Floor.

Thank you, Mr. Speaker, Sir. I rise to support the Motion that the Senate adopt the Report on the Mediation Committee on the Public Finance Management Bill (Amendment No.16 of 2023.) Mr. Speaker, Sir, whenever there is dialogue, we make progress. I think it is about time that we all appreciate that when the framers of the Constitution were drafting the Constitution, what they had in mind was to have a Parliament made up of two Houses.

When it is an issue of debt---

Order! Sen. Nyamu, kindly have your seat. Going forward, Hon. Senators, I am not here to remind you of the behaviour that you are expected to uphold once you are in this Chamber. I have warned Members before and I have read the Standing Orders before, but apparently it is becoming a habit. The next time I will call a Member to order is when I will be asking him to leave the Chamber. Proceed, Sen. Olekina.

Mr. Speaker, Sir, let me thank you for your protection. If my thoughts would be kind to me, what I was prosecuting here is the importance of the National Assembly accepting the role of the Senate. It is imperative that the definition of Parliament be entrenched in every member of this country because outside there when people talk about Parliament, they are referring to the National Assembly. However, Parliament is made up of the two Houses. The issue of national debt is a matter that affects counties. It does not matter how you look at it. The issue of exceptional circumstances in an event like this COVID is a matter that affects every member of this country. So, I support this Motion because for once, as a Senator, I will stand here and can authoritatively say, that Kenya owes this country ‘x’ amount of money. Article 211 of the Constitution is very clear. I thank the Mediation Committee, particularly the Committee on Finance and Budget, Governor- Senator- Party Leader- Pilot - Sen. Roba, has done a tremendous job. We have to give credit where it is due.

We have managed to break grounds where we have seen hurdles in the past. It is imperative that all Members must appreciate the role of the Senate. This is a first step for us to appreciate that Senators here represent 6, 7, 8 or 13 constituencies when it comes to Nairobi City County. Sen. Sifuna here must understand how much debt this country has. This amendment is extremely important.

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The other important amendment is the issue of exceptional circumstances. We do not need to burden Parliament. It is good that we can give leeway to the Cabinet Secretary to make certain decisions when we have a pandemic. I support it.

Sen Tabitha Mutinda, you need to show by way of raising your hand because my dashboard is blank.

Thank you, Mr. Speaker, Sir. I rise to support because I was privileged to be the Co-Chair of the Mediation Committee. It was my first time. I am happy because we were able to deliberate and agree on these amendments that we focused on. I was so glad. Mr. Speaker, Sir, I want to state two issues that made us go to mediation. First is the issue of the exceptional circumstances as it had been put. You know very well that you cannot foresee a adversity that comes in the future. It would have been difficult for the Cabinet Secretary for National Treasury to table to Parliament an increment of the debts because he would not have known when. You note that like the case example of COVID-19 pandemic, at that time we were asked to stay indoors. Maybe Parliament would not have existed and the Cabinet Secretary for the National Treasury needed to surpass the debt. Mr. Speaker, Sir, it would have been difficult within that time to table to this House seeking approval. That is what we had vouched for as a House, but it would have been difficult considering various factors. Another issue that would have also been a bit tricky is the market matrix in terms of the Kenyan shilling. It would have been difficult for the Cabinet Secretary to present to the Kenyans in terms of the dollar and the Kenyan shilling. It would have given worry to the market difficult because it would have been an exposure. That is how we were able to agree with National Assembly. Article 211 of the Constitution stipulates very clearly that ours is a bicameral Parliament.

Mr. Speaker, Sir, if I could be heard in silence?

Order, Hon. Senators!

Thank you, Mr. Speaker, Sir. As I was saying, Article 211 of the Constitution stipulates very clearly that we are a bicameral Parliament. So, matters of debt are matters that still need to be tabled. The proposal was by 30th April of every month. However, it was a bit tricky to be able to give timelines. Especially if there is an exception circumstance that occurs maybe in May or June, then it becomes tricky for it to be tabled the next year, 30th April.

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So, we said that at the end of the day, because it is the obligation of each House to ask for the reports to be tabled in Parliament, then that would happen. We did not want to give the timelines of it. Mr. Speaker, Sir, I rise to support and I am happy to table a report that we can agree with the National Assembly.

Sen. Mumma, please proceed.

Thank you, Mr. Speaker, Sir, for the opportunity to contribute to this very important issue. I begin by congratulating the Senate Standing Committee on Finance and Budget under the leadership of Sen. Roba, and all Members of the Mediation Committee. This is so important because the biggest hindrance to devolution has been the unnecessary rivalry that has seen very good laws not get passed because of brinkmanship.

Mr. Speaker, Sir, I wish Sen. Chetumo would stop interfering. The Senate Majority Leader has raised something important that we need to be vigilant about as committees and as a House. He did not mention any committee, but I would want to bring it to our attention that any law that passes through the Senate and is struck down in the courts for being unconstitutional is an indictment to the Senate. So, everything that comes to the Senate, all the laws, whether in which committee, we need to be careful enough to ensure that nothing can be struck down because it is unconstitutional. We are not the only oversight people. We have civil society out there that can go to court and challenge any unconstitutional law. If that law passed through our hands, we stand indicted. So, I am glad that at least the Mediation Committee has managed to get the other side to see the sense. I am glad the spirit of Constitution is now moving. We are at that level where we need to bridge the intergovernmental gaps to bring more cooperation and cohesion. We are at that stage where the two Houses need to focus on the Constitution and work together to deliver laws that are about the people of Kenya and not about either of the Houses. Mr. Speaker, Sir, I support.

There being no other Senator wishing to speak on this Motion, I call upon the Mover to reply.

Mr. Speaker, Sir, I thank Members for taking their time to respond to the Motion and the very positive feedback that has been raised. I believe that if we keep and maintain this spirit, we shall continue to safeguard devolution. We ensure that our Members in our committees are extremely diligent, especially when we accord our committees the time, chance and opportunity to look into matters as the Committee on Finance and Budget did.

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Congratulations to all Members of Committee on Finance and Budget and the Committee on Mediation for a job well done.

Hon. Senators, my determination on this matter is that it is a matter that affects counties. Therefore, voting shall be by delegation. At this juncture, I will ask the Serjeant-at-Arms to ring the division bell for five minutes.

Hon. Senators, kindly take your seats. Before I direct you on how we are going to vote, Serjeant-at-Arms, kindly close the doors and draw the bar.

Hon. Senators, we are going to vote electronically. So, kindly pull out your cards from the delegates units. Serjeant-at-Arms, proceed to pick the cards that are remaining in the delegates units. If you are ready, signal us so that we move to the next stage. You can now log in. I know there is a problem. We will proceed to vote electronically. We will call out the names of those who have a challenge to come and cast their votes at the Dispatch Box. Hon. Senators, I will proceed to put the question.

You may now proceed to vote.

The system refused to pick. Therefore, we shall resort to manual voting. In this case, I will call for us to nominate the tellers. One for ‘Noes’ and one for ‘Ayes’. Sen. Tabitha Mutinda for the ‘Ayes’ and Sen. Beth Syengo for the ‘Noes’. In this case, voting shall be by roll call. The Clerk will call the names. Once the tellers are fully inducted, they can take their position so that we may proceed. Proceed, Clerk.

Sen. Tabitha Mutinda

Sen. Beth Syengo

Hon. Senators, kindly take your seats so that I announce the results.

Senator for Nandi, take your seat. The results of the Division are now in and they are as follows:

Searjeant-at-Arms, you may open the doors and withdraw the Bars.

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Clerk, next Order.

Hon. Members, we may take our seats. Let us not leave the Chamber. We are going to start with the Digital Health Bill (National Assembly Bills No.57 of 2023). I ask Members to remain in the Chamber.

Division will be at the end.

Sen. Osotsi, proceed to move the amendment. Give the Senator a microphone.

Mr. Temporary Chairperson, Sir, I beg to move: THAT clause 6 of the Bill be amended - (a) in paragraph (b) by deleting the words “consultation with” appearing immediately after the words “establish registries, in” and substituting therefor the words “collaboration with county governments and”; and (b) in paragraph (n) by inserting the words “and county governments” immediately after the words “the Cabinet Secretary”. This is to allow for consultation with the county governments in establishing the registries. Some of these registries are going to be established in counties. Therefore, the involvement of county governments is very critical given that health is a devolved function. The import of this amendment is to factor in the involvement of the county government.

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Part (b) of it is also doing the same by allowing the Cabinet Secretary to consult the county government in this process. Mr. Temporary Chairperson, this is very important because if we do not do this, then we will have a situation where the national Government is going to have direct control over our registries in counties and that will claw back the gains of devolution. So, this is just a minor amendment to factor in the involvement of county governments in establishing registries in counties. Sen. Sifuna will second.

There is no need for secondment on that. Hon. Members I request that since we are not going to be debating, let us be very brief when we are moving the proposed amendments.

Division will be at the end.

Sen. Osotsi, please proceed to move your proposed amendment.

Mr. Temporary Chairperson, Sir, I beg to move: THAT Clause 7 of the Bill be amended in subclause (2) by deleting the words “the National Assembly” appearing immediately after the words “approval of the” in the proviso to paragraph (a) and substituting therefor the word “Parliament”. That will now involve the Senate as well.

Division will be at the end.

Mr. Temporary Chairperson, Sir, I beg to move: THAT Clause 8 of the Bill be amended - (a) in subclause (1) by - (i) inserting the word “digital” immediately after the words “Secretary responsible for” in paragraph (b); (ii) deleting paragraph (e) and substituting therefor the following new paragraph (e) a representative of the county executive committee members responsible for health nominated by the county executive committee members from amongst their number; and

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(iii) deleting the words “not being Governors” appearing immediately after the words “one person” in paragraph (g); (b) in subclause (2) by deleting the expression “(1)(f)” appearing immediately after the words “appointed under subsection” and substituting therefor the words “(1)(e), (f)”; (c) in subclause (3) by deleting the words “appointing persons as members of the Board under subsection (1)(f) and (g), the Cabinet Secretary” appearing immediately after the word “In” and substituting therefor the words “nominating and appointing persons as members of the Board under subsection (1)(e), (f) and (g), the nominating and appointing authorities”; (d) in subclause (4) by deleting the words “sub-section (1)(a), (f)” appearing immediately after the words “the Board under” and substituting therefor the words “subsection (1)(a), (e), (f)”. Mr. Temporary Chairman, Sir, just to summarise, this is talking about the composition of the agency. In terms of the Cabinet Secretary, I think there is clarity to say “Cabinet Secretary in charge of digital health.” This is because we have more than one Cabinet Secretary. So, that clarity is very important. Secondly, we also need to enhance representation of counties. I propose that we have a representation of the County Executive Committee Member (CECM) instead of the Data Commissioner. The Data Commissioner is supposed to be the one oversighting this agency. So, he cannot be the one sitting on the Board again. The other aspect is to also remove the provision that the Cabinet Secretary, after the Council of Governors (CoG) has nominated its three people, the Cabinet Secretary will now have a role in deciding whether they belong to the youth, women or that kind of category. When CoG has decided, they will know that they need to ensure that youths, women and Persons Living with Disabilities (PWD) are represented. That decision should not be subjected to another level of approval. That is the import of this amendment.

Division will be at the end.

Division will be at the end.

Sen. Osotsi, proceed to move your amendment.

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Mr. Temporary Chairperson, Sir, I beg to move: THAT, Clause 10 of the Bill be amended by deleting subclause (2). Mr. Temporary Chairperson, Sir, the import of this amendment is that Clause 10(2) proposes that after the Board has set up Committees, there will be other people who are not employees, Board members who will be co-opted into the Committees. I think this is wrong governance-wise. As such, I am proposing to delete that clause.

Division will be at the end.

Division will be at the end.

There is a proposed amendment by Sen. Osotsi. Proceed to move your amendment.

Mr. Temporary Chairperson, Sir, I beg to drop the amendment. Initially, I thought that if we have a Corporation Secretary who is defined in this Bill, it contradicts other parts of this Bill, which says that the Board will have flexibility to determine the staffing. After consultation, I think it is important to retain Clause 13

Division will be at the end.

Division will be at the end. Sen. Osotsi, kindly confirm that the amendment you want to move is for Clause 16, yet we were on Clause 15. Just confirm that.

Mr. Temporary Chairperson, Sir, I confirm that I do not have any amendment on Clause 15.

You do not have any amendment on Clause 15?

No, Mr. Temporary Chairperson, Sir.

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Very well. Proceed.

Mr. Temporary Chairperson, Sir, I beg to move: THAT Clause 16 of the Bill be amended by inserting the following new paragraph immediately after paragraph (e) - (f) a comprehensive and effective data governance and management structure. The import of this amendment is that this clause talks about the components of the system. However, it has omitted the very important component of a system, which is security and data management. So, I am proposing to include another additional component of a comprehensive and effective data governance and management structure. It is because we cannot have this kind of system without an integrated security infrastructure. This will cater to things like cybercrime and related issues.

Division will be at the end.

Division will be at the end.

Mr. Temporary Chairperson, I beg to move: THAT clause 21 of the Bill be amended - (a) in subclause (1) by deleting the word “Director-General” appearing immediately after the words “consultation with the” and substituting therefore the words “Board and the Council of County Governors”; and (b) in subclause (2) by inserting the words “in consultation with Board and the Council of County Governors” immediately after the words “Cabinet Secretary shall” appearing in the introductory clause. Mr. Temporary Chairperson, Sir, in this case, it is basically to introduce an element of consultation with the Council of Governors (CoG). As it is, it means the Cabinet Secretary shall only consult the director general on the issue of health data governance. Remember, the data governance starts from the counties. So, I think it would be important to consult the CoG. That is for the first part.

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For the second part, I am also amending to include that – in performing the tasks under subclause (2) the Cabinet Secretary shall also consult the Board of the agency and the CoG. This is important.

Division will be at the end.

Division will be at the end.

Mr. Temporary Chairperson, I beg to move THAT clause 23 of the Bill be amended in subclause (1) by deleting the words “Cabinet Secretary” appearing immediately after the word “The” and substituting therefor the word “Agency”. The import of this amendment is that somewhere in this Bill, it clearly says the custodian of data will be the agency. However, in this case in Clause 23, it says - “The Cabinet Secretary shall ensure the health data is used for public good.” I think that obligation should fall on the person who is the custodian of data and in this case is the Agency. So, it is simply removing “Cabinet Secretary” to replace with the “Agency” because they handle the day to day management of the data.

Division will be at the end.

Mr. Temporary Chairperson, I beg to move: THAT clause 24 of the Bill be amended - (a) in subclause (1) by deleting the words “Cabinet Secretary” appearing immediately after the word “The” and substituting therefor the word “Agency”; (b) in subclause (3) by deleting the words “Cabinet Secretary” appearing immediately after the word “The” and substituting therefor the word “Agency”; and (c) in subclause (5) by deleting the words “Cabinet Secretary” appearing immediately after the word “The” in the introductory clause and substituting therefor the word “Agency”. The import of this amendment is similar to Clause 21, because the duties listed here are a routine and it will not be administratively possible for the Cabinet Secretary to

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perform that. That should be the work of the Agency, which is mandated to be the custodian of data.

Division will be at the end.

Division will be at the end.

Mr. Temporary Chairperson, I beg to move: THAT Clause 26 of the Bill be amended in subclause (1) by inserting the words “in collaboration with county governments” immediately after the words “Cabinet Secretary shall” appearing in the introductory clause. This is similar to the previous amendments which require that the Cabinet Secretary in performing some county-related task consults the county governments. In this case, the Cabinet Secretary will be designating county health data banks. It would be illegal for him to do that without consulting the county governments. I am simply saying he will do so in consultation and collaboration with the county governments.

Division will be at the end.

Division will be at the end.

Mr. Temporary Chairperson, Sir, I beg to move: THAT clause 34 of the Bill be amended by inserting the words “in consultation with the Council of County Governors” immediately after the words “Cabinet Secretary shall”.

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The import of this amendment as per the previous ones is to allow the involvement of CoG in formulation of regulations, because the Clause 34 as it is, it will give the Cabinet Secretary total powers to develop regulations without consultation. I think it is necessary for him to consult the CoG given that health is a devolved function.

Division will be at the end.

Division will be at the end.

Mr. Temporary Chairperson, I beg to move: THAT clause 41 of the Bill be amended - (a) by inserting the following new subclause immediately after subclause (2) - (2A) Foreign facilities under subsection (2)(d) shall comply with this Act and any other relevant law. (b) in subclause (3) by inserting the words “in consultation with the Council of County Governors” immediately after the words “Cabinet Secretary shall”. Mr. Temporary Chairperson, Clause 41 lists a number of entities which shall provide E- Health Services. The last one is the foreign facilities, meaning foreign hospitals. However, there is a problem there. It does not make specific requirement for those hospitals to comply with this Act. So, I am simply adding a new sub-section there, to allow these foreign facilities to be compliant to the provisions of this Act, apart from being licensed by relevant regulators.

Division will be at the end.

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Division will be at the end.

Mr. Temporary Chairperson, I beg to move: THAT clause 46 of the Bill be amended - (a) in subclause (1) by deleting the words “Cabinet Secretary” appearing immediately after the word “The” and substituting therefor the word “Agency”; (b) in subclause (2) by - (i) deleting the words “Cabinet Secretary” appearing immediately after the words “without notifying the” in paragraph (b) and substituting therefor the word “Agency”; and (ii) deleting the words “Cabinet Secretary” appearing immediately after the words “guidance from the” in paragraph (c) and substituting therefor the word “Agency”. Again, the import of this amendment is that, the Bill as it is, allocates the duty to safeguard the transfer of medical records to and from facilities outside the country on the Cabinet Secretary. As I said earlier, this is more of an administrative role, which should be done by agency for effectiveness. We are simply removing the Cabinet Secretary in charge of the Agency. That is for the first part. In the second part, it is basically doing the same for the functions under subclause (2), which looked like administrative and routine functions. So, we remove that burden from the Cabinet Secretary in charge of the agency because they are more of routine-based functions.

Sen. Wakili Sigei): Division will be at the end.

Sen. Wakili Sigei): Division will be at the end.

Sen. Wakili Sigei): I invite Sen. Osotsi to move his proposed amendments.

Mr. Temporary Chairperson, Sir, I beg to move: THAT Clause 52 of the Bill be amended in subclause (2) by deleting the words “the National Assembly” appearing immediately after the words “for tabling in” and substituting therefor the word “Parliament”.

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The import of the amendment is that Clause 52(2) is talking about the annual reports that shall be tabled in the National Assembly which include the Auditor General’s report, financial statements of the Agency, activities or programmes of the Agency, together with any other information related to the Agency. Considering that the agency shall be dealing with health data, it is important for the Senate to participate in this. I am simply removing “National Assembly” and replacing it with “Parliament” so that the Senate can be involved.

Sen. Wakili Sigei): Division will be at the end.

Sen. Wakili Sigei): Division will be at the end.

Sen. Wakili Sigei): Division will be at the end.

Sen. Wakili Sigei): Division will be at the end. Sen. Osotsi could you kindly approach the Dispatch Box?

Sen. Wakili Sigei): Sen. Osotsi, what is your point of order?

Mr. Temporary Chairperson, Sir, after consulting the Clerks-at-the Table, I have realised that there is a typo on the Order Paper, which left out Clause 15 which I had an amendment on.

Sen. Wakili Sigei): Very well proceed.

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Sen. Wakili Sigei): I invite Sen. Osotsi to move his proposed amendments. Proceed.

Mr. Temporary Chairperson, Sir, I propose- THAT Clause 15 of the Bill be amended in subclause (2) by inserting the words “and the Council of County Governors” immediately after the words “the Cabinet Secretary” The import of the amendment just like the previous ones is to ensure that the involvement of the Council of Governors (COG) in some of these processes, unlike the current clause which talks about the Cabinet Secretary alone.

Sen. Wakili Sigei): Division will be at the end.

Sen. Wakili Sigei): Hon. Members we are now moving to Division on this particular Bill. Once we are done with it, we shall come back to the other Bills. I direct that the Division Bell be rung for five minutes.

Serjeant-at-Arms, ring the bell for an additional three minutes.

Serjeant-at-Arms, ring the bell for an extra minute to allow those at the bar to enter the Chamber.

Hon. Senators, let us resume our seats. Sen. Wafula and Sen. (Dr.) Murango, kindly take your seats as the Serjeant-at- Arms rings the bell for an extra two minutes.

Members, you may now resume your seats. Sen. Dullo and Sen. (Prof.) Kamar, kindly, settle down. Members, let us settle down. Serjeant-at-Arms, close that door and draw the Bar.

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Members, we are informed that the system is back and we are going to vote electronically. Hon. Senators, proceed to log out from the system. Serjeant-at-Arms, collect all the cards from the unattended delegates units. Hon. Members, log out from the system. Pull out your card. Senators, you may now log in. If you have not logged in, please do for us to establish whether the system is fully functional or not. We can only see five Senators logged in.

Hon. Members, we are going to attempt to use the system. If it fails, we will just do the division manually.

Hon. Senators, you may proceed to vote right now.

All right, hon. Members, we are going to proceed to division manually. Let us have Tellers. From the Majority side, we have Sen. Tabitha Mutinda and Sen. Betty Montet from the Minority side.

Hon. Members, for clarity, voting is on the proposed amendments that have just been read. Members, we will now proceed to call out the names.

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Sen. Tabitha Mutinda

Betty Montet.

Hon. Senators, the results of the division are as follows: -

Members, please proceed to log in. We will use the system and attempt to see if it works.

Sen. Methu and Sen. Ogola, proceed to approach the Chair.

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Sen. Tabitha Mutinda.

Sen. Betty Montet.

Hon. Senators, we now have the results of the Division:

Mr. Chairman, Sir, I beg to move that the Committee do report to the Senate, its consideration of the Digital Health Bill (National Assembly Bills No.57 of 2023) and its approval thereof without amendments.

Hon. Members, we are going to the next Bill. I direct the Serjeant-at-Arms to open the door and draw the bar.

Hon. Members, we are going to resume on the Social Health Insurance Bill (National Assembly Bills No.58 of 2023). I request Senators not to leave the Chamber. There will still be voting once we are done with the division on this particular Bill. So, do not leave the Chamber.

Division will be at the end.

Division will be at the end.

Division will be at the end.

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Sen. Sifuna has an amendment. Proceed to move.

Thank you, Mr. Chairman, Sir. I beg to move: THAT Clause 27 of the Bill be amended by inserting the following new subclause immediately after subclause (2) - (2A) The rate prescribed under subclause (2)(a) shall - (a) be on a graduated scale; and (b) not exceed two thousand shillings per month Mr. Temporary Chairperson, Sir, the reason for this amendment is very simple. We understand that Kenyans have different earning capacities. So, it is only fair that contributions to the Fund be graduated. In recognition of the overburdening of Kenyans with taxation, we feel it is important for us to introduce a capping. This is because as I said yesterday during debate, the Bill is silent on how much money we are supposed to contribute. This introduction of the capping is to make sure that Kenyans who are already overburdened with taxation are not further crippled by these deductions. As we speak, the latest Kenya National Bureau of Statistics (KNBS)---

Hon. Senators, let Sen. Sifuna be heard in silence. If you are consulting, please, do so in low tones.

It is only about three per cent of Kenyans who earn more than Kshs50,000 a month. Given the rating of taxes that have been introduced especially this financial year, it is my feeling that Kenyans cannot take any more taxation. I feel that a cap is necessary, so that the Cabinet Secretary responsible knows that they cannot exceed a maximum of Kshs2000.

Division will be at the end.

Division will be at the end.

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Division will be at the end.

Division will be at the end.

Division will be at the end.

Sen. Sifuna has an amendment. Proceed to move your proposed amendment.

Thank you, Mr. Temporary Chairman, Sir. I pray to be heard in silence.

Hon. Senators, kindly, maintain silence and let Sen. Sifuna be heard. Proceed, Senator.

Mr. Temporary Chairman, Sir, I propose: THAT the First Schedule to the Bill be amended in paragraph 6 by – (a) deleting subparagraph (3) and substituting thereof the following new subparagraph - (3) Despite subparagraphs (1) and (2) - (a) a person who immediately before the commencement of this Act was an employee of the Fund under the National Health Insurance Fund Act (now repealed) shall be an employee of the Authority as if appointed under this Act; and (b) all benefits accruing to an employee under the National Health Insurance Fund Act (now repealed) shall continue to accrue to that employee under this Act. (b) deleting subparagraph (4); and (c) deleting subparagraph (5). As I said yesterday, that there a lot of jitters within the current NHIF and people are afraid of the processes at the beginning of a new law where they are required to

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reapply for their positions; having been employed properly, their qualifications and experience ascertained. So, there is really no need to subject the current employees of NHIF to a process of reapplication. As I said, again, yesterday, in this current environment of shareholding, there are people who are afraid they might lose their positions they are perceived not to be shareholders in the current regime. I thank you, Mr. Temporary Chairman, Sir.

Division at the end.

Division at the end.

Division at the end.

Hon. Senators, we are now proceeding to the Division. I ask the Serjeant-at-Arms to ring the Division Bell for five minutes.

Hon. Senators, let us resume our seats. Sen. Kathuri, Sen. Kibwana and Sen. Cherarkey, resume your seats.

Serjeant-at-Arms, close the doors and draw the Bars.

Sen. Ogola, Sen. Joe Nyutu, please, approach the Chair.

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Hon. Senators, can you resume your seats. Hon. Senators, these are the results of the division -

Hon. Senators, can you resume your seats? These are the results of the division -

I now call upon the Mover, the Senate Majority Leader to move.

Mr. Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the Social Health Insurance Bill (National Assembly Bills No.58 of 2023) and its approval thereof without amendments.

Hon. Senators, we now move to the next Division. That is Order No.19 on the County Governments Additional Allocations Bill (National Assembly Bills No.23 of 2023).

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I direct the Serjeant-At-Arms to withdraw the Bar and open the Door.

Division will be at the end.

The Chairperson of Finance and Budget Committee, proceed to move your proposed amendment.

Mr. Temporary Chairperson, I beg to move - THAT Clause 4 of the Bill be amended - (a) in subclause (1) by inserting the words “additional allocations” immediately before the words “loans and grants” in paragraph (c); (b) by inserting the following new subclauses immediately after subclause (2)- (3) The Cabinet Secretary shall facilitate the negotiation of an agreement for additional allocations between a county government and a development partner. (4) The Cabinet Secretary shall submit an agreement under subclause (3) to Parliament for tabling before inclusion in the Budget Policy Statement. This is to ensure that the law expressly states that Additional Allocations include proceeds of loans and grants from development partners. Further, the amendment seeks to provide that the National Treasury shall facilitate negotiations of agreement between development partners and counties and the agreement shall be submitted to Parliament for inclusion in the Budget Policy Statement.

Division will be at the end.

The Chairperson of Finance and Budget Committee, proceed to move your proposed amendment.

Mr. Temporary Chairperson, I beg to move – THAT Clause 5 of the Bill be amended-

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(a) in subclause (5) by inserting the following new paragraph immediately after paragraph (d)- (e) conditional allocations for the transfer of library services as set out in Column F of the First Schedule. (b) in subclause (6)- (i) by deleting the word “a” appearing immediately after the words “financed by” in paragraph (a) and substituting therefor the words “an IDA”; (ii) by deleting the word “a” appearing immediately after the words “financed by” in paragraph (c) and substituting therefor the words “an IDA”; (iii) by deleting the word “a” appearing immediately after the words “allocations from” in paragraph (d)and substituting therefor the words “an IDA”; (iv) by inserting the words “IDA” immediately after the words “credit from the” appearing in paragraph (f); (v) by inserting the words “the IDA” immediately after the words “credit from” appearing in paragraph (i); and (vi) by inserting the words “IDA” immediately after the words “credit from the” appearing in paragraph (j); and (vii) by inserting the following new paragraph immediately after paragraph (m)- (n) conditional allocations financed by a grant from the German Development Bank (KfW) to finance Locally-Led Climate Action Program (FLLoCA) – (County Climate Resilience Grant) as set out in Column P of the Third Schedule. (c) in subclause (9) by inserting the expression “(4), (5), (6) and (7)” immediately after the words “subsection (2)”. This amendment to Clause 5 is proposed for the following reasons - (a) To provide for conditional allocation of Kshs425 million to be transferred to 33 respective counties to meet the payroll cost for staff of libraries as well as operations and maintenance.

This is in light of the fact that library services were devolved under Part 2 of the Fourth Schedule of the Constitution. It has now been fully transferred to county governments. However, the attendant resources have not been provided.

(b) The amendment of Clause 5 sub-section 6 seeks to ensure that there is a full and correct reference to either World Bank as one of the development partners from whom certain conditional allocations are being made available to counties.

(c) Further, the amendment to Clause 5 proposes the inclusion of an additional allocation of Kshs1.2 billion, financed from grants from the German Development Bank to finance locally-led climate action.

Division will be at the end.

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Division will be at the end.

The Chairperson of Finance and Budget Committee, Sen. Ali Roba, proceed to move your proposed amendment.

Mr. Temporary Chairperson, I beg to move: THAT Clause 8 of the Bill be amended in paragraph (b) by deleting the words “Section 4(1) and (2)” appearing immediately after the words “allocations made under” and substituting therefor the words “Section 5(4), (5), (6) and (7)”. This amendment is proposed to ensure County Treasury, shall as part of its consolidated quarterly and annual report include all actual expenditures by the county government of the allocations made under Clause 5.

Division will be at the end.

The Chairperson of Finance and Budget Committee, Sen. Ali Roba, proceed to move your proposed amendment.

Mr. Temporary Chairperson, I beg to move: THAT the Bill be amended by deleting the First Schedule and substituting therefore the following new schedule –

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Division will be at the end.

Division will be at the end.

Sen. Ali Roba, proceed to move your proposed amendment to the Third Schedule.

Mr. Temporary Chairperson, I beg to move: THAT the Bill be amended by deleting the third schedule and substituting therefore the following new schedule-

Division will be at the end.

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Division will be at the end.

Sen. Ali Roba, the Chairperson Standing Committee on Finance and Budget, proceed to move your proposed amendment to Clause 2.

Mr. Temporary Chairperson, I beg to move: THAT Clause 2 of the Bill be amended in the definition of the word “Cabinet Secretary” by inserting the words “matters relating to” immediately after the words “responsible for”.

Division will be at the end.

Division will be at the end.

Sen. Ali Roba, the Chairperson Standing Committee on Finance and Budget, proceed to move your proposed amendment to Clause 1.

Mr. Temporary Chairperson, I beg to move: THAT the Bill be amended by deleting Clause 1 and substituting therefore the following new clause - Short title and

Division will be at the end. Hon. Senators we are now proceeding to Division on this. I direct that the Division Bell be rung for five minutes.

Hon. Members kindly resume your seats so that we can progress.

Hon. Senators, l call upon the Mover, the Senate Majority Leader to proceed.

Thank you, Mr. Temporary Chairperson, Sir. Pursuant to Standing Order No. 153, I beg to move that Committee of the Whole do report its progress on consideration of the County Governments Additional Allocations Bill (National Assembly Bills No. 23 of 2023) and seek leave to sit again today by leave of the Senate.

Chairperson of the Committee of the Whole, proceed.

Thank you, Mr. Deputy Speaker, Sir. I beg to report that the Committee of the Whole has considered the County Government Additional Allocation Bill---

Mr. Deputy Speaker, Sir. I beg to report that the Committee of the Whole has considered the County Governments Additional Allocations Bill (National Assembly Bills No.23 Of 2023) and seeks leave to sit again today.

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Mover, proceed.

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

Who is seconding?

Mr. Deputy Speaker, Sir, I invite Sen. Nyamu to second.

Mr. Deputy, Speaker, Sir, I second.

Senate Majority Leader, what is your point of order?

Mr. Deputy Speaker, Sir, I beg to move - THAT pursuant to Standing Order No. 34(4)(a) the Senate extends its sitting to conclude the business listed at today’s Order Paper; Order No. 16, 17, 18 and 19. I request Sen. Miraj to second.

Mr. Deputy Speaker, Sir, I second.

Clerk, call the next order.

Serjeant-at-Arms, please ring the Division Bell for two minutes.

You may now stop the Bell. Please close the Doors and draw the Bars.

Hon. Members, there will be two questions.

Please vote

Sen. Methu, Sen. Wafula and Sen. Chesang’, please approach the Chair.

Hon. Members, the results of the division are as follows: -

Hon. Members, I will now put the question on all the clauses.

Hon. Members, vote now.

Sen. Nyamu

Sen. Betty Montet

Hon. Senators, can you all be seated? These are the results of the Division-

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate, its consideration of the County Governments Additional Allocations Bill (National Assembly Bills No.23 of 2023) and its approval thereof, with amendments.

We are now in the Committee of the Whole for the Equalization Fund (Administration) Bill (Senate Bills No. 14 of 2023).

Hon. Members, order, please.

Amendment to be moved. Chairperson?

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Madam Temporary Chairperson, I beg to move: THAT clause 3 of the Bill be amended by deleting paragraph (b) and substituting therefor the following new paragraph- b) provide for completion of projects under policies developed by the Commission on Revenue Allocation under Article 216(4) of the Constitution. This is to ensure that this Law shall apply to all projects under all policies on marginalization and all development that will be funded under that.

Division at the end.

Division at the end.

Amendment to be moved. Chairperson.

Madam Temporary Chairperson, I beg to move:

THAT clause 6 of the Bill be amended- (a) in paragraph (f) by deleting the words “one person” appearing immediately before the words “nominated by the Council” and substituting therefor the words “two persons”; (b) by deleting paragraph (h) and substituting therefor the following new paragraph- (h) one person representing persons with disabilities appointed by the cabinet secretary; (c) by deleting subclause (3) and substituting therefor the following new subclause- (3) The persons appointed under subsection (1)(d), (e), (f) and (h) shall hold office for a term of three years and shall be eligible for reappointment for one further term of three years. Madam Temporary Chairperson, the Controller of Budget (COB) should not have had a representative in the Board since the role of this office is more of approval of withdrawal of funds for implementation of the program.

Division will be at the end. Serjeant-at-Arms, open the doors an withdraw the Bars as well.

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Division at the end.

Amendment to be moved. Chairperson.

Madam Temporary Chairperson, I beg to move: THAT the Bill be amended by deleting clause 8. This Clause should be deleted since this provision is already provided under Clause 6(3).

Division at the end.

Amendment to be moved by the Chairperson.

Madam Temporary Chairperson, I beg to move: THAT, Clause 10 of the Bill be amended in subclause (1) by deleting the words “these Guidelines” appearing immediately after the words “Revenue Allocation and” in paragraph (g) and substituting therefor the words “this Act”. This is a result of a typo.

Division will be at the end.

Amendment to be moved. Chairperson, proceed.

Madam Temporary Chairperson, I beg to move:

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THAT, Clause 11 of the Bill be amended by deleting the expression “CS” appearing immediately after the word “The” and substituting thereof the words “Cabinet Secretary”. This amendment is to replace the inscription “CS” to read Cabinet Secretary.

Division will be at the end.

Amendment to be moved. Chairperson, proceed.

Madam Temporary Chairperson, I beg to move:

THAT Clause 12 of the Bill be amended- (a) in paragraph (a) by deleting the words “these Guidelines” appearing immediately after the words “its power under” and substituting therefor the words “this Act”; (b) in paragraph (c) by deleting the words “these Guidelines” appearing immediately after the words “the Board under” and substituting therefor the words “this Act”. This is a result of a typo error.

Division will be at the end

Amendment to be moved. Chairperson, proceed.

Madam Temporary Chairperson, I beg to move: THAT Clause 13 of the Bill be amended by inserting the following new subclause immediately after subclause (3)– (4) Subsection (3) shall come into force and be applicable with respect to the financial year in which this Act comes into force and shall not apply with respect to preceding financial years. This is to ensure that the expenses of the Board shall be applicable within the respective financial year in which this Act comes into force and shall not apply with respect to preceding financial years.

Division will be at the end

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Amendment to be moved. Chairperson, proceed.

Madam Temporary Chairperson, I beg to move: THAT, Clause 14 of the Bill be amended in subclause (2) by deleting paragraph (b) and substituting therefor the following new paragraph- (b) has at least ten years’ experience at a senior management level in financial management, business administration, economics or law. This is to provide for the qualification of the Chief Executive Officer (CEO) of the Board. It is proposed that the CEO shall have at least ten years’ experience as a senior manager.

Division will be at the end

Division will be at the end

Amendment to be moved. Chairperson, proceed.

Madam Temporary Chairperson, I beg to move: THAT, Clause 17 of the Bill be amended- (a) in the introductory clause by deleting the words “Each County Commissioner of an eligible county shall” appearing immediately before the words “establish and convene” and substituting therefor the words “The Board shall, in every eligible county”; (b) by deleting paragraph (a) and substituting therefor the following new paragraph- (a) the County Commissioner and the Governor who shall be co-chairpersons; (c) by deleting paragraph (e) and substituting therefor the following new paragraph- (e) a public officer employed in the respective county government with technical expertise in areas that the prioritized projects fall; and (d) by deleting paragraph (f) This is to ensure County Commissioner and Governor shall Co-Chair the County Technical Committee. Secondly, the amendment aims at providing nomination of public officers employed in the county government with technical expertise in areas where the prioritized projects shall fall to serve the County Technical Committee.

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Division will be at the end.

Division will be at the end.

Amendment to be moved by Chairperson.

Madam Temporary Chairperson, I beg to move: THAT, Clause 19 of the Bill be amended - (a) in the introductory clause by deleting the words ‘The County Commissioner of an eligible county shall” appearing immediately before the words “establish a sub-county” and substituting therefor the words “The Board shall, in every eligible county”; (b) by deleting paragraph (a) and substituting therefor the following new paragraph- (a) the deputy county commissioner and the sub-county administrator who shall be co-chairpersons; (c) by deleting paragraph (b) and substituting therefor the following new paragraphs- (b) not more than two public officers designated by the county executive committee member with technical expertise in the areas of the prioritized projects; (ba) not more than two public officers appointed by the Cabinet Secretary with technical expertise in the areas of the prioritized projects; This is to provide for the Deputy County Commissioner and the Sub County Administrator to Co-Chair the Sub-County Technical Committee. Further, it also limits the number of public officers who may serve on the Sub-County Technical Committee.

Division will be at the end.

Division will be at the end.

Amendment to be moved by the Chairperson.

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Madam Temporary Chairperson, I beg to move: THAT, Clause 21 of the Bill be amended in the introductory clause by deleting the words “The County Commissioner of an eligible county shall” appearing immediately before the words “establish a Project Identification” and substituting therefor the words “The Board shall, in every eligible county” This is to ensure that it is the board that establishes the Project Identification and Implementation Committee and not the County Commissioner.

Division will be at the end.

Division will be at the end.

Madam Temporary Chairperson, I beg to move: THAT clause 25 of the Bill be amended by deleting subclause (4). Madam Temporary Chairperson, this paragraph being considered for deletion is because it is already provided for under Clause 25 (3).

Division will be at the end.

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 13 - Conduct of

Division will be at the end.

Madam Temporary Chairperson, I beg to move: THAT the Bill be amended by inserting the following new schedule SCHEDULE

(13A) PROVISIONS RELATING TO MEETINGS OF THE ADVISORY BOARD 1. The Board shall meet at least once in every three months to conduct the business of the Board of Authority. 2. The chairperson may on his or her own motion, or upon request by a member, call a special meeting of the Board at any time, where he or she considers it expedient for the transaction of the business of the Board. 3. Other than a special meeting, or unless three quarters of members agree, at least fourteen days’ written notice of every meeting of the Board of the Authority shall be given to every member of the Board by the secretary. 4. The quorum at a meeting of the Board of the Authority shall be half of the members. 5. The chairperson shall preside at the meetings of the Board of the Authority and in the absence of the chairperson, the vice-chairperson or a member of the Board elected by the members present from among their number shall preside. 6. The matters of the Board shall be decided by a majority of the members present and voting and in the event of equality of votes, the person presiding shall have a casting vote. 7. The proceedings of the Board of the Authority shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member. 8. At the first meeting of the Board, the members shall elect a vice-chairperson, not being an ex-officio member, from among its members.

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9. Subject to the provisions of this Schedule, the Board may determine its own procedure and the procedure for any committee of the Board and for attendance of any other persons at the meetings of the Board.

This is the Schedule that provides the procedure for board meetings.

Division will be at the end.

Madam Temporary Chairperson, I beg to move - THAT Clause 2 of the Bill be amended by- (a) inserting the following new definition immediately after the definition of the word “eligible county”- “First Policy” means the first policy determined by the Commission on Revenue Allocation under Article 216(4) of the Constitution in identifying marginalized areas for purposes of Article 204(2) of the Constitution; (b) by deleting the definition of the word “revenue” and substituting therefor the following new definition- “revenue” means the total revenue collected by the National Government including ordinary revenue and Appropriations in Aid. This is to provide the definition of the term first policy as applied in the Bill and “Revenue” as applied in the Bill and also provided in the Constitution.

Division will be at the end.

Division will be at the end. I direct that the Division Bell be rung for two minutes. We are going to Division.

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I direct that the Division Bell be rung for five minutes.

Serjeant-at-Arms, kindly close the door and draw the Bars.

Hon. Senators, kindly ensure that you have logged in. Order, Sen. Oketch Gicheru! Can you take your seat?

Sen. (Dr.) Murango, kindly. Can everybody take their seats and log in? We are now proceeding to Division. I put the Question, that Clause 8 of the Bill be deleted. You may now vote.

Clerk, print the results of the division. Sen. Gataya Mo Fire, Sen. Osotsi, and Sen. Wafula, approach the Chair.

Hon. Members, I wish to announce the results as follows-

Hon. Senators, I wish to announce the results as follows:

Hon. Senators, I now wish to read the results of the Division.

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Hon. Senators, the results of the division are as follows: -

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of The Equalization Fund (Administration) Bill (Senate Bills No.14 Of 2023) and its approval thereof with amendments.

Order, Members.

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

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

Hon. Senators, I now wish to read the results.

I now wish to call on the Mover to report progress.

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Thank you, Madam Temporary Chairperson. I beg to move that the Committee do report to the Senate its consideration of the Learners with Disabilities Bill (Senate Bills No.4 of 2023) and its approval thereof with amendments.

Sen. Kathuri): Hon. Senators, we are now reporting Progress on the Digital Health Bill (National Assembly Bills No.57 of 2023). Chairperson!

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Digital Health Bill (National Assembly Bills No.57 of 2023) and its approval thereof without amendments.

Sen. Kathuri): Who is the Mover of this Bill? Proceed, the Senate Majority Leader.

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

Sen. Kathuri): Who is seconding?

I request Sen. Oketch Gicheru to second.

I second.

( Question proposed)

Sen. Kathuri): Mover? Proceed, Senate Majority Leader.

I beg to move that the County Government Additional Allocations Bill (National Assembly Bills No.23 of 2023) be now a read a Third Time. I request Sen. Methu to second.

Sen. Kathuri): Sen. Methu?

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Mr. Deputy Speaker, Sir, I second.

So, Senators, I will not put the question now. I will put all the questions together.

Mover for the Digital Health Bill (National Assembly Bill No. 57 of 2023). We are reporting on all these Bills as we dispose them in order, but now I understand what he did. Correct that Majority Leader.

Mr. Deputy Speaker, Sir, I can correct even using this. Allow me to take that again. Mr. Deputy Speaker, Sir, I beg to move that the Digital Health Bill, (National Assembly Bill No. 57 of 2023), be now read a Third time. I request Sen. Methu to second.

Mr. Deputy Speaker, Sir, I second.

Division will be at the end. We will combine Division for the five Bills together.

We are now on the second Bill, the Social Health Insurance Bill (National Assembly Bills No.53 of 2023). Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Social Health Insurance Bill (National Assembly Bill No.58 of 2023) and it is approved all thereof without amendments.

Mover.

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

Who is seconding?

I call upon, Sen. (Dr.) Murango.

I second.

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Mover.

Mr. Deputy Speaker, Sir, I beg to move that the Social Health Insurance Bill (National Assembly Bill No. 58 of 2023), be now read a Third time. I request Sen. Seki to second.

I second.

Division will be at the end.

Now we are on the County Governments Additional Allocations Bill (National Assembly Bill No. 23 of 2023).

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Governments Additional Allocations Bill (National Assembly Bills No. 23 of 2023), and it is approval thereof with amendments.

Mover.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request Sen. Mungatana to second.

Mr. Deputy Speaker, Sir, I second.

Mover, again.

Mr. Deputy Speaker, Sir, I beg to move that the County Governments Additional Allocations Bill (National Assembly Bill No. 23 of 2023), be now read a Third time. I call upon Sen. Abass to second.

Mr. Deputy Speaker, Sir, I second.

Division will be at the end.

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We are now on the Equalization Fund (Administration) Bill (Senate Bills No.14 of 2023). Chairperson.

I beg to report that the Committee of the Whole has considered the Equalization Fund Administration Bill (Senate Bills No. 14 of 2023) and its approval thereof with amendments.

Mover of the Bill, Sen. Ali Roba, proceed.

Mr. Deputy Speaker, Sir, I beg to Move that the House do agree with the Committee in the said report. I request His Excellency, Sen. Mandago, to second.

Mr. Deputy Speaker, Sir, future Governors should listen because this is adding funds to counties. I second.

Mover, kindly proceed.

Mr. Deputy Speaker, Sir, I beg to move that the Equalization Fund (Administration) Bill (Senate Bill No.14 of 2023) be now read a Third time. I request Commissioner Sen. Kinyua to second.

Mr. Deputy Speaker, I second.

Division will be at the end.

Thank you, Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Learners with Disabilities Bill (Senate Bills No. 4 of 2023) and its approval thereof, without amendments.

Mover of the Bill, proceed

Mr. Deputy Speaker, Sir, I beg to moeve that the House do agree with the Committee on the said report.

Who is seconding?

I request, kindly, that Sen. Oketch Gicheru seconds.

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Mr. Deputy Speaker, Sir, I second.

Sen. Nyamu and Sen. Mandago, the Speaker is on his feet. You know what you should do when he is in that position.

Mover, kindly proceed.

Thank you, Mr. Deputy Speaker, Sir, I beg to move that the Learners with Disabilities Bill (Senate Bills No. 4 of 2023) (Senate Bill No. 14 of 2023) be now read a Third time. I kindly request Sen. (Dr.) Khalwale to second.

Mr. Deputy Speaker, I knew it. I second.

Ring the Division Bell for 30 seconds.

This is a House of Procedure. We must follow all the procedures, even though we have been here for quite some time. Ring the Division Bell for one minute.

Serjeant-at-Arms, close the door and draw the Bar.

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Hon. Senators, we will do the Roll Call voting. I request the Clerk to call the names, so that Senators can vote. Who is the Teller for the “Äyes?”

Is Sen. Montet Betty the Teller for the Ayes?”

What is not in order? Determination on who will be the teller for the Äyes” and “Noes” does not peg on where a Senator sits. The Ayes and Noes could be from either side of the aisle. This is a trend that has been followed for some time. Let us proceed.

Serjeant-at-Arms, please, open the door and undraw the Bar.

Hon. Senators, I will give you results for each Bill at a time.

Sen. Nyamu

Sen. Betty Montet

The results are as follows: -

Sen. Nyamu

Sen. Betty Montet

The results are as follows: -

The results of the County Governments Additional Allocations Bill (National Assembly Bill No.23 of 2023) are as follows: -

Sen. Nyamu.

The results of the Equalization Fund (Administration) Bill (Senate Bill No.23 of 2023) are as follows: -

The results of the Learners with Disabilities Bill (Senate Bill No.4 of 2023) is as follows: -

Hon. Senators, having moved a Motion to extend time to conclude business listed at Orders Nos.15, 16, 17, 18 and 19 earlier and having done so, the Senate now stands adjourned until Tuesday, 17th October, 2023 at 2.30 p.m.

The Senate adjourned at 7.32 p.m.

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