National Security Committee- The Public Holidays (Amendment) Bill Senate Bills No. 31 of 2023

THIRTEENTHPARLIAMENTISECONDSESSION

THESENATE

STANDINGCOMMITTEEONNATIONALSECURITY,DEFENCEAND FOREIGNRELATIONS

REPORTONTHEPUBLICHOLIDAYS(AMENDMENT)BILL,(SENATE BILLS NO.31 OF2023)

PAPERS LAID

DATE

Q3L 1Q023

Chaipeso

TABLED BY

COMMITTEE

Deece d

peic

CLERK AT THE TABLE

AM

Clerk's Chambers, TheSenate, Parliament Buildings, NAIROBI.

DC-EG

November,2023

2011/2023

Table of Contents

| LISTOFABBREVIATIONS/ACRONYMS | LISTOFABBREVIATIONS/ACRONYMS | |---------------------------------------------------------------------------------|---------------------------------------------------------------------------------| | PRELIMINARIES ii EstablishmentandMandateoftheCommittee | PRELIMINARIES ii EstablishmentandMandateoftheCommittee | | MembershipoftheCommittee. ili CHAPTERONE:INTRODUCTION | MembershipoftheCommittee. ili CHAPTERONE:INTRODUCTION | | 1.1 | Introduction | | 1.2 | Background. | | 1.3 | Objects of the Bill. Error!Bookmarknotdefined. | | 1.4 | Consequences of the Bill | | CHAPTERTWO:PUBLICPARTICIPATIONONTHEBILL | CHAPTERTWO:PUBLICPARTICIPATIONONTHEBILL | | 2.1 | Introduction | | 2.2 | OverviewofStakeholderSubmissionsontheBill | | CHAPTERTHREE:COMMITTEEOBSERVATIONSANDRECOMMENDATIONS. | CHAPTERTHREE:COMMITTEEOBSERVATIONSANDRECOMMENDATIONS. | | 3.1 | CommitteeObservations | | 3.2 | CommitteeRecommendations | | LISTOFAPPENDICES | LISTOFAPPENDICES | | Appendix 1: Minutes of the sittings of the Committee in considering the Bill. | Appendix 1: Minutes of the sittings of the Committee in considering the Bill. | | Appendix2:LegalBriefCommitteePaper37. | Appendix2:LegalBriefCommitteePaper37. | | Appendix 3: The Public Holiday (Amendment) Bill, 2023 Error!Bookmarknotdefined. | Appendix 3: The Public Holiday (Amendment) Bill, 2023 Error!Bookmarknotdefined. | | Appendix4:Copyofthe submissions received ontheBill Error!Bookmarknotdefined. | Appendix4:Copyofthe submissions received ontheBill Error!Bookmarknotdefined. |

LISTOFABBREVIATIONS/ACRONYMS

COG Council of Governors

PRELIMINARIES

EstablishmentandMandateoftheCommittee

The Standing Committee on National Security, Defence and Foreign Relations is establishedundertheSenateStandingOrdersandismandatedto"considerallmatters relatingtonational security and foreignrelations,disasterreduction and preparedness, homeaffairs,defence,immigrationandinternationalrelations"

MembershipoftheCommittee

The Committee is comprised of-

• 1) Sen. William Cheptumo Kipkiror, CBS, MP

• Chairperson

• 2) Sen. Karen Njeri Nyamu, MP

• Vice-Chairperson

• 3)Sen.Fatuma Adan Dullo,CBS,MP

-Member

• 4) Sen. Abdul Mohammed Haji, MP

-Member

• 5)

• Sen. Julius Murgor Recha, MP

-Member

• 6

• Sen. Joseph Githuku Kamau, MP

-Member

• 7 Sen.(Prof.)TomOdhiamboOjienda,SC,MP

-Member

• 8)Sen.Lenku OleKanar Seki, MP

-Member

• 9) Sen. George Mungai Mbugua, MP

• Member

FOREWORDBYTHECHAIRPERSON

HonourableSpeaker,

The Public Holidays(Amendment)Bill,(Senate Bills No.31 of 2023),sponsored by Sen. Karungo Thang'wa MP was published vide Kenya Gazette Supplement No. 116 and was introduced in the Senate by way of First Reading on Tuesday, 17th October, 2023 and was committed to the Standing Committee on National Security, Defence and Foreign Relations for consideration.

Pursuant toArticle118of theConstitution and standingorder 145(5)of theSenate Standing Orders, the Committee proceeded to undertake public participation on the Bill. In this regard, the Committee published an advertisement in the Daily Nation and Standard Newspapers on Friday, 20th October, 2023 inviting members of the public to submitwrittenmemorandato the Committee on theBill.The Committee onlyreceived written memoranda from one (1) stakeholder, namely the Council of County Governors.

Honourable Speaker,

In considering the Bill, the Committee made a number of observations, key of these being that-

• a)somebusinesses have specific output targets and therefore,reducing the business working days as a result of the extension of public holidays may mean that employers would be compelled to meet the cost of salary payments for the days not worked for or incur hefty overtime compensation as a result of employees working on a public holiday;
• b further, the majority of employees in Kenya are casual laborers who rely on daily wages to meet their daily needs. A reduction in their business working days as a result of the extension of public holidays on weekdays may therefore hinder their ability to meet the basic needs for themselves and their families;
• public holidays also disrupt businesses by reducing working days and consequently reducing business output. For example, the public transport, manufacturing, and industrial sectors may register low proceeds during the holidays; and
• d) the Bill has the potential to cause adverse effects on the country, its economy and the rights of employers. It is worth'noting that employees are entitled to leave days, which may be taken in the instances proposed in the Bill. Whereas it is important to consider the well-being of employees and work-life balance, this must be approached in a cautious manner to ensure that economic growth of the country is not affected.

Consequently,theCommitteerecommends thattheBilldoesnotproceedtothenext stagein thelegislativeprocess.

HonourableSpeaker,

I take this opportunity to commend the Members of the Committee for their devotion and commitment to duty,which made theconsideration of theBill possible. I alsowish to thank the Offices of the Speaker and the Clerk of the Senate for the support extended to the Committee in considering this Bill.

Honourable Speaker,

It is now my pleasant duty, pursuant to standing order 148(1) of the Senate Standing Orders, to present the Report of the Standing Committee on National Security, Defence and ForeignRelations on thePublicHolidays (Amendment)Bill,(SenateBillsNo.31 of2023).

Signed..

Date..

SEN.WILLIAMCHEPTUMO,CBS,MP, CHAIRPERSON, STANDING COMMITTEE ON NATIONAL SECURITY, DEFENCEANDFOREIGNRELATIONS

ADOPTIONOFTHEREPORTOFTHESTANDINGCOMMITTEEON NATIONALSECURITY,DEFENCEANDFOREIGNRELATIONSONTHE PUBLICHOLIDAYS(AMENDMENT)BILL,2023

We, the undersigned Members of the Standing Committee on National Security, Defence and Foreign Relations,do hereby append our signatures to adopt this Report

| | No Name | Signature | |----|-----------------------------------------------------|-------------| | | Sen.WilliamKipkiror Cheptumo, CBS, MP (Chairperson) | | | 2. | Sen. Karen Njeri Nyamu, MP (Vice-Chairperson) | | | 3. | Sen.Fatuma Adan Dullo,CBS, MP | | | 4. | Sen.Abdul Mohamed Haji, MP | | | | 5.Sen. Julius Murgor Recha, MP | | | 6. | Sen. Joseph Githuku Kamau, MP | | | | 7.Sen. (Prof.) Tom Odhiambo Ojienda, SC, MP | | | | Sen. Lenku Ole Kanar Seki, MP | | | 9. | Sen. George Mungai Mbugua, MP | |

1.1Introduction

1. The Public Holidays (Amendment) Bill, (Senate Bills No. 31 of 2023) sponsored by Sen. Karungo Thang'wa MP was published vide Kenya Gazette Supplement No. 116 and was introduced in the Senate by way of First Reading on Tuesday, 17th October, 2023 and was committed to the Standing Committee on National Security, Defence and Foreign Relations for consideration. A copy of the Bill referred to the Senate is attached to this Report as Appendix 2.

1.2 Objects of theBill

• 2.The Bill seeks to provide for the extension of public holidays to either the preceeding day, where the holiday falls on a Tuesday, or the succeeding day, where the holidayfalls on a Thursday.Public holidays are designed toprovide workers with time off from their jobs to rest and recharge, spend time with family and friends, and celebrate important events or traditions, and are often associated with travel and tourism.Extending public holidays can help ensure that workers have enough time to fully enjoy their time off and take care of their physical and mental health. Public holidays also seek to support economic growth, as they are often associated with travel and tourism, and extending public holidays may encourage Kenyans to take longer trips or visit destinations farther away from their homes.

1.3 Consequences of theBill

3. The Bill, if enacted, will promote the hospitality and tourism industries.

1.5OverviewoftheBill

• 4.TheBillintroducesa newsection3A to thePublicHolidaysActimmediately after section3-
• "3A. Where in any year, a public holiday under Part 1 of the scheduled -
• a)falls on a Tuesday,then thepreceeding day,notbeing apublic holiday,shallalsobeapublicholiday;or
• b)falls on a Thursday, the succeeding day, not being a public holiday,shallalsobeapublicholiday."

CHAPTERONE:INTRODUCTION

CHAPTERTWO:PUBLICPARTICIPATIONONTHEBILL

2.1 Introduction

5. The Committee, pursuant to the provisions of Article 118 of the Constitution and standing order 145(5) of the Senate Standing Orders, proceeded to undertake public participation on the Bill. In this regard, the Committee published an advertisement in the Daily Nation and Standard newspapers on Friday, 20th October,2023invitingmembers ofthepublic tosubmit writtenmemorandaon the Bill. A copy of the advertisement is attached as Appendix 3. 2. 6.Additionally, the Committee sent invitations to key stakeholders inviting them to submittheircommentsontheBill. 7. In response to the advertisement and invitations, the Committee received one (1) written submission from the Council of County Governors. A copy of the said submissionis attachedasAppendix3.

2.2 Overviewof StakeholderSubmissions on theBill

Council ofCounty Governors

8. The Council of County Governors in their submissions expressed their opposition to theBill and submitted asfollows-

• a) whereas the Council recognized the progressive nature of the Bill, it was important to criticallyexamine thepotential adverse effects and unintended consequences that such legislation could have on the country, the economy and the rights of employers. The proposal had the potential to jeopardize

3. b)while it was important to consider the well-being and work-life balance of Kenyan employees, the proposed extension of public holidays should be approached with caution. Striking a balance between the rights of employees and the need for economic growth is essential to ensure that any legislation in this regard does not hurt the country's economy and the livelihoods of its citizens; 4. c)Kenyan employees are already entitled to leave days in accordance with the Employment Act. As such, there is need to strike a balance between the rights of employees and the needs of employers to ensure business continuity and productivity.

CHAPTERTHREE:COMMITTEEOBSERVATIONSAND RECOMMENDATIONS

3.1 CommitteeObservations

• 9.Having considered the Bill and the submission received, the Committee made the followingobservations-
• a)some businesses have specific output targets and therefore, reducing the business working days as a result of the extension of public holidays may payments for the days not worked for or incur hefty overtime compensation as a result of employees working on a public holiday;
• b further, the majority of employees inKenya are casual laborerswho rely on daily wages to meet their daily needs. A reduction in their business working days as a result of the extension of public holidays on weekdays may thereforehindertheir abilitytomeetthebasicneedsforthemselvesand their families;
• public holidays also disrupt businesses by reducing working days and consequently reducing business output. For example, the public transport, manufacturing, and industrial sectors may register low proceeds during the holidays;and
• (P the Bill has the potential to cause adverse effects on the country, its economy and the rightsof employers.It isworth notingthat employees are entitled to leave days, which may be taken in the instances proposed in the Bill. Whereas it isimportant toconsider thewell-beingofemployeesandworklife balance, this must be approached in a cautious manner to ensure that economicgrowth of the countryisnot affected.

3.2 CommitteeRecommendations

• 10.Having considered the Public Holidays, (Amendment) Bill 2023 and the submissions received thereon, the Standing Committee on National Security, Defence and Foreign Relations therefore recommends that the Bill does not proceed tothenextstageofthelegislativeprocess.

LISTOFAPPENDICES

Appendix 1: Minutes of the sittings of the Committee in considering the Bill

Appendix 2: The Public Holidays (Amendment) Bill, (Senate Bills No. 31 of 2023)

Appendix 3: Advertisement in the local dailies on 20th October, 2023

Appendix 4: Copy of the submissionsreceived on theBill

Appendix 1: Minutes of the sittings of the Committee in considering the Bill

13THPARLIAMENT|2NDSESSION

MINUTES OF THE 67TH SITTING OF THE STANDING COMMITTEE ON NATIONALSECURITY,DEFENCEANDFOREIGNRELATIONSHELDON THURSDAY,16THNOVEMBER,2023AT12.00NOONATBILATERALROOM 4, KICC BUILDING

PRESENT

1. Sen. William Cheptumo Kipkiror, CBS, MP - Chairperson 3. Sen. Joseph Githuku Kamau, MP 2. Sen. Julius Murgor Recha, MP 4. Sen. (Prof.) Tom Odhiambo Ojienda, SC, MP - Ag. Chairperson 5. Sen. George Mungai Mbugua, MP

ABSENTWITHAPOLOGY

1. Sen. Karen Nyamu, MP 2. 2.Sen.FatumaAdan Dullo,CBS,MP 3. Sen. Abdul Haji, MP 4. 4.Sen. Lenku Ole Kanar Seki, MP

SECRETARIAT

1. Ms. Carol Kirorei

• Clerk Assistant 1

2. Mr. Khatib Omar

• Clerk Assistant III

3. Mr. Gilbert Juma

• Legal Counsel II

4. Ms. Janice Lekuton

• Research Officer III

5. Mr. Charles Oyosi

• Audio Officer

6. Mr. Alex Mutuku

• Senior Serjeant-at-Arms

7. Mr. Ian Mugo

• Intern

MIN.NO.SEN/NSDFR/299/2023

PRELIMINARIES

The meeting was called to order at 12.12 p.m. followed by a word of prayer by Sen. (Prof.) Tom Odhiambo Ojienda, SC, MP.

• Vice-Chairperson

MIN.NO.SEN/NSDFR/300/2023 ADOPTIONOFTHEAGENDA

The agenda for the meeting was adopted having been proposed by Sen. George Mungai Mbugua,MP and seconded bySen.Julius Murgor,MP as follows-

• 1.Prayer

2. Adoption of the Agenda 3. Confirmation of Minutes of the previous sittings

• Minutes of the 62nd sitting held on 19th October, 2023
• Minutesofthe63rdsittingheldon31sOctober,2023
• Minutes ofthe64th sittingheld on2ndNovember,2023

4. Matters arising from the previous Minutes

• 5.Consideration of submissions received on the Public Holidays (Amendment) Bill, 2023(CommitteePaper No.37A)

6. Consideration and adoption of the Report on the Public Holidays (Amendment) Bill, 2023 (Committee Paper No. 37A)

• 7.Any Other Business

8. Date of the Next Meeting and Adjournment

MIN.NO.SEN/NSDFR/301/2023

CONFIRMATIONOFMINUTESOFTHE PREVIOUSSITTINGS

This agenda item was deferred to the next meeting.

| MIN.NO.SEN/NSDFR/302/2023 | CONSIDERATION OFSUBMISSIONS RECEIVEDONTHEPUBLICHOLIDAYS (AMENDMENT) BILL, 2023 (COMMITTEEPAPERNO.37A) | |-----------------------------|---------------------------------------------------------------------------------------------------------|

The Committeeconsidered CommitteePaperNo.37A(Considerationof thePublic Holidays(Amendment)Bill,2023).

During deliberations-

• 1.Membersobservedthatonlyonesubmissionhadbeenreceivedduringpublic participation from the Council of County Governors;
• 2.Members observed that the Federation of Kenyan Employers,likely to be most affected by the provisions of the Bill had not' submitted their views on the Bill.

The Committee noted the contents of the Paper.

MIN.NO.SEN/NSDFR/303/2023

CONSIDERATIONANDADOPTIONOF THE REPORT ON THE PUBLIC HOLIDAYS(AMENDMENT)BILL,2023 (COMMITTEEPAPERNO.37A)

The Committee considered Committee Paper No. 37A (Consideration of the Public Holidays (Amendment) Bill, 2023)

During deliberations-

1. Members proposed a minor edit to observation (b) under Chapter three of the Report; and 2. 2.Members observed thattheCommitteehadpreviouslyconsidered theBill at the pre-publication stage and had recommended that the Bill does not proceed for publication.

Resolution

The Committee-

1. noted the contents of the Paper; 2. recommended that the Bill does not proceed to the next stage in the legislative process; and 3. adopted the Report on the Public Holidays (Amendment) Bill, 2023 after being proposed by Sen. (Prof.) Tom Ojienda, SC, MP and seconded by Sen. George Mungai Mbugua, MP.

MIN.NO.SEN/NSDFR/304/2023 ANYOTHERBUSINESS

Debateon theReporton theHaitiReport

The Chairperson informed the meeting that following the tabling of the Report on the consideration of the request for approval by Parliament of deployment of officers of the National Police Service to the Multinational Security Support (MSS) Mission for Haiti on Wednesday, 15th November, 2023,debate on the same was scheduled for the afternoon sitting. He therefore urged Members to avail themselves to support the Motion.

MIN.NO.SEN/NSDFR/305/2023 DATEOFTHENEXTMEETINGAND

ADJOURNMENT

The Chairperson adjourned the meeting at 12.35 p.m. The next meeting to be held on Tuesday, 21st November, 2023 at 12.00 noon.

SIGNED:

1G:1122

DATE:

MIN.NO.SEN/NSDFR/303/2023

CONSIDERATIONANDADOPTIONOF THEREPORT ON THE PUBLIC HOLIDAYS(AMENDMENT)BILL,2023 (COMMITTEEPAPERNO.37A)

The Committee considered Committee Paper No. 37A (Consideration of the Public Holidays (Amendment) Bill, 2023)

During deliberations-

1. Members proposed a minor edit to observation (b) under Chapter three of the Report; and 2. 2.Members observed that the Committee had previously considered the Bill at the pre-publication stage and had recommended that the Bill does not proceed for publication.

Resolution

The Committee-

2. recommended that the Bill does not proceed to the next stage in the legislative process; and 1. noted the contents of the Paper; 3. adopted the Report on the Public Holidays (Amendment) Bill, 2023 after being proposed by Sen. (Prof.) Tom Ojienda, SC, MP and seconded by Sen. George Mungai Mbugua, MP.

MIN.NO.SEN/NSDFR/304/2023 ANYOTHERBUSINESS

Debateon theReport on theHaitiReport

The Chairperson informed the meeting that following the tabling of the Report on the consideration of the request for approval by Parliament of deployment of officers of the National Police Service to the Multinational Security Support (MSS) Mission for Haiti on Wednesday, 15th November, 2023, debate on the same was scheduled for the afternoon sitting. He therefore urged Members to avail themselves to support the Motion.

MIN.NO.SEN/NSDFR/305/2023

DATE OF THE NEXT MEETINGAND

ADJOURNMENT

The Chairperson adjourned the meeting at 12.35 p.m. The next meeting to be held on Tuesday, 21st November, 2023 at 12.00 noon.

SIGNED:

16: 11

DATE:

AdviceCourtdismisses applicationbyAimimaLukenyaSociety tostopthedemolitionsonEAPcCland inMavoko

Vacatepubliclandnow,Wahomewarns

Cabinetsecretarysayshavingashare certificateisnotenoughforanyone to claimownershipofanyparcelofland

BYNYABOGAKIAGE ANDPIUSMAUNDU

nyone whois currently occupyingpubliclandshould vacatewithimmediateeffect,Lands CabinetSecretaryAliceWahomehassaid.

MsWahome,whowasrecentlytransferredtotheministry,alsowarnedKenyansthathaving a sharecertificateisnotenough foranyonetoclaimownershipof anypieceofland.

Inwhatlookslikeamove to playcatchupinordertoavert moreKenyansfromlosingtheir propertyasit happenedinthe Mavokoland case,the CS said the eviction processeswill be implementedbytheEthics and (EACC),Anti-Recovery Agency Anti-CorruptionCommission (ARA)and theNationalPolice Service.

"Theministrywishes to send out a strongmessage that any persononpublicland shouldva-catewithimmediateeffect.Iwish peopleout there conningmemtoadvisethepublicthatthereare bers ofthepublictobuylandusingsharecertificates.Sharecertif icatesarenotlegal documents to confirmownership,"MsWahome said.

Inrelation to Mavokoland whichhashittheheadlines,Ms Wahome andMrKorir saidrecords at the ministry clearly show thatitbelongstotheEast AfricanPortlandCementCompany(EAPCC).

LandsCabinetSecretaryAliceWahome afterofficiallyopening theRegional ConferenceonCustomaryTenureRightsinEastern AfricainNairobionTuesday.WILFREDNYANGARESI INATION

SUOMI FINLAND

The ministrywishes to send outa strong message that any person on public land should vacatewithimmediate effect

LandsCSAliceWahome

Untilaweekago,somefthe peoplewhowere occupyingthe Mavokolandwerepayingmoney meantfor acquiringtitledeeds aftertheywere askedtodo so by themanagement ofAimi Ma LukenyaSaccomanagement.

ofCriminal Investigations(DCI) to support them in the ongoing investigations,"she said.

Asked whether the ministrywill compensatethepeople whosebuildings were demolished,MsWahomesaidtheonly peoplewhowill dosoarethose whofraudulentlysoldthelandto them.Thosewhosold theparcel oflandknowingverywellthat theydidnotownitarethepeo- plewhoshoulddothecompensation,"she said.

saidtheapplicationbyAimi ma LadyJustice Annet Nyukuri Lukenya Society,which claims theland,didnotmeetthelegal thresholdtowarrant aninjunction."Thereisnoevidenceto supporttheplaintiff'sclaimthatit purchased thepropertyinquestion.Therefore,Ifindthatthe applicanthasfailedto establish a prima facie case,Ms Nyukuri said.

YesterdaytheEnvironmentand Lands Court sittinginMachakos dismissedan applicationtostop thedemolitionofhousesonthe EAPCClandinMavoko.

WiperleaderKalonzoMusyoka representedtheAimimaLukenwhich followed arulinthe ya Society in the application, samecourtinfavourofEc

MachakosGovernorWavinya Ndetihadledateamofcountyofficialsto attend thehearing.

MrMusyokahadargued that the demolitions,which started onFridaylastweekwereail tionof therighttohousinganda crime againsthuman rights.But MsNyukurisaidMrMusyoka had introducedthe humanrights issueas anafterthought.

INVITATIONTO TENDER:TENDERFORSUPPLYOFASSORTEDBRANDED MERCHANDIZE-91176330

cooperationmeasuresonbehalfof theGovernmentof theRepublicofFinland and theFederal Republicof Germany.

TheGIfficerobinvitsbidrstosumitfeefhargendwithoutblgatinnartf basedontheindicatedtermsandconditions.Non-conformitytoallconditionsmentionedwilleadtoexclusion of thebid.Bidsshouldbesubmittedintherequestedquantity.Partialorincompletebidswillbeconsidered non-responsive.

SendablankemailexpressingyourinterestwithtendereferenceGIZ/91176330inthesubject lineto[KE Inquiry@giz.de]between20.10.2023to24.10.2023.When sendingablankemail,please enable email trackingordeliveryreceipt/confirmationonyouremailsothatyoucaneasilytrackiftheemailreached us.

Youwillreceivetenderdocumentswithfurtherinformationon25.10.2023,thereafternotenderdocuments will bereceived.Clarificationrequestsmustbesentthroughtheemail[KE\_Inquiry@giz.de]by26.10.2023 at1400hrstoberespondedtoviaemailby26.10.2023.

Ifinterested,pleasesubmityourstampedandsignedtechnicalproposal,requestedeligibilitydocuments separately fromfinancialoffer[asperpriceschedule]asattachments intwoseparate emailsvia the followingemail:KE\_Inquiry@giz.de uponreceiptofthetenderdocumentsonthe stated dateabove.

NOTE:Pleaseenableemailtrackingwhensendingyourresponse/stoGIZ.Thisistoensurethatifanemailis notreceived,wecanusetheemailtrackinginformationtodetermineexactlywhattimetheemailreachedour servers.

GeneralPurchaseConditionsandProcurement proceduresof GIZapply.

DeadlineforSubmission:31.10.2023beforemidnight.

BiddersWILLNOTbeallowed tocontactordiscussanyaspectofthetenderwithGIbeforeclosingof the tenderasthiswilleadto automaticdisqualification.All clarificationstothistendertobechannelledthrough theofficialemail,KE\_Inquiry@giz.de.

The Cs,whowas accompanied by theministry's principal secretary Nixon Korir,asked Kenyanstocarryoutduediligenceby checkingthestatusoftheparcels theywanttopurchasefromthe Landsministry,where theywill begivenmapsfrom the survey department.

"Anyotherdocuments purportedtobeheldinrespecttothesaid landdonotoriginatefromthis office.The ministry has already forwarded therelevant documentstotheofficeoftheDirector

REPUBLICOFKENYA

THIRTEENTHPARLIAMENT|SECONDSESSION THE SENATE

INVITATIONFORSUBMISSIONOFMEMORANDA

AtthesittingsftheSenatheldnTuesday7ctber023andWedesday8ctber023heBillslisted thesecondcolumnbelowwereintroducedintheSenatebywayofFirstReadingandthereafterstoodcommittedtothe respectiveStandingCommitteesindicatedatthethirdcolumn.

PursuanttotheprovisonsofArticle8oftheConstitutionandstandingorder145[5]oftheSenateStandingOrdersthe CommitteesnowinviteinterestedmembersofthepublictosubmitanyrepresentationsthattheymayhaveontheBills by wayof writtenmemoranda.

ThememorandamaybesubmittedtotheClerkoftheSenate,P0.Box41842-00100Nairobihand-deliveredtothe OfficeoftheClerkoftheSenateMainParlimentBuildingsairobiremailedtoclerksenate@parlament.go.keand copiedtotheemailaddressesof therespectiveCommitteeindicatedatthefourthcolumnbelow,tobereceivedonor beforeFriday,3dNovember,2023at5.00p.m.

| Bill | Committee Referred ToEmall Address | | |-----------------------------------------------------------------------------------|--------------------------------------------------------------------|------------------------------------------------| | a]ThePublicHolidays[Amendment] Bill,2023SenateBillsNo.31of 20231 | StandingCommitteeon NationalSecurity,Defence and Foreign Relations | senate.nsdfr@parliament.go.ke | | b]TheParliamentaryPowersand Privileges[Amendment]Bill2023 SenateBillsNo.37of2023] | Justicegalffir StandingCommittee on Human Rights | senatejlahrc@parliament.go.ke | | c]The Public Transport[Motorcycle Regulation]Bill023SenateBills No.38of2023] | StandingCommitteeon Roads,Transportationand Housing | roadstranshousingcomm.senate@parliament.go.ke | | d]ThePublicFinanceManagement [Amendment]Bill,2023[Senate BillsNo.40of2023] | StandingCommittee on FinanceandBudget | financebudgetcomm.senate@parliament.go.ke | | e]TheStreetVendors[Protectionof Livelihood]Bil2023SenateBills No.41of2023] | StandingCommittee on Trade,Industrialization andTourism | tradeindtourismcomm.senate@parliament.go.ke | | [Senate BillsNo.42of2023] | Energy | energycommittee.senate@parliament.go.ke | | ]TheSugarBill2023[National AssemblyBills No.34of 2023] | StandingCommitteeon Agriculture,Livestockand Fisheries | agriculturelfcommittee.senate@parlioment.go.ke |

TheBilsmaybeaccessedontheParlimentwebsiteathttp://www.parllament.go.ke/the-senate/house-business/bills

CLERKOFTHE SENATE. J.M.NYEGENYE,CBS,

"Njambi"Kenyatta said,"Nindona Marua.Uhoro ucioningutuiria(Ihave seentheletterIwillhavethematterinvestigated."

One of Karumba's grandson,Tevin Nazario Ndung'u has unsuccessfullyetitionedStateHouseKiambu County,Heroes Council as well National Museums ofKenya ina bid to constructamausoleum.

AccordingtoNjambi,whoworked at State House asa seamstress up to 1999,the matterwasneverresolved.

Honourpatriarch

Theclosest the family got in honouringtheir patriarchwaswith NationalMusuemofKenya,whichwas atsome pointwillingtoassistbuton condition thatKarumba's descendantsforked out Sh14millionasconsultancy andadministrativefees.

earNdaragwaowingtothelande mentwill deem it fit tohonour all genuine heroes. the money,it will have tocontend with Karumba's name being confined to a dusty town,Gwakung'u, never had anopportunitytofarm as theyhope that one day,thegovernSince the family doesnothave

works,printingoftextsandgraphics for theexhibition andpayforthem 2ctly. expertise andconductresearch and curate theexhibition,procure contractorsforshowcases andmounts, interactive,lightsaudio-visuals,art In return,NMKwasto provide

akareithi@standardmedia.co.ke

Former British armoury and holding cell in ruins

Today.he urgesthegovernmentto remember the sacrifices made by MauMau veteransand honour the heroes who fought against colonial oppression.

vering determination and quick apprehendedbyhomeguards. fighterinKirinyaga,said his unwa thinkinghelpedhimnarrowlyescape clutchesof imprisonment afterbeing Muchira Ruraga,an ex-freedom

"We are hopeful that President WilliamRutowillexpeditethecompensationprocessforthe immense sufferingand tortureinflicted upon us during the colonial period.We urgethegovernmenttoprioritisethis matterandproviderestitutionforthe painand trauma we endured,he said.

the oppressive forces.As the night grew darker,I found myself surrounded.Witheverypassingsecond, surrounding the village,I escaped, colonialrule andbecamea targetfor theriskofbeingimprisonedgrew stronger.Imadeadaringmove,running through the dense vegetation he said. "T was a dedicatedfighter against

[AmosKiarie]

erationofthecountryfromcolonial rule. determination toseejustice and lib-

him with a broken limb,a painful reminder of the inhumanity."Tand otherinmatesrefused tosurrender theinformationtheysoughtfrom us. Hefacedbrutal beatingsthat left mylimbwasforcefully shattered,he Thehomeguardsfueled byangerand pain,but we remained resolute.It wasduringthathorrificincidentthat said. frustration,unleashed a torrent of violenceuponus.Eachblowinflicted arrestedbyeitherthecolonialists or homeguardsanyweapon,beitagun machete,orrungu,was broughtt this-housetoprevent thefreedom fightersfrom accessingthem again," he said. "When a Mau Mau soldier was himself tobearrested,havingheard stories ofthe atrocitiesthat awaited those in captivity. He added that he couldn't allow.

ated as aprisonwhereindividuals ture,intheirquesttoextract information about the whereabouts of MauMaufighters and their plans,he purpose during that time.It functionedasasecure storagefacilityfor weapons,tightly guarded by the home guards.The house also operwhoresisted colonial rule were detained,often enduring harsh torsaid. nial regime,this house serveda dual "Built in1954 by theBritish colo-

Nestledwithina eucalyptus tree plantationnNdundu-ini village,Kir inyagaCounty liesremnants ofatworoom house that once stood as a silentwitnesstotheloudstrugglefor independence.

much sinisterpurpose-itserved asa wereconfined andsubjected toharsh makeshift prisonwhere those who dared challenge colonialoppression conditions. The otherroom,however,held a

Thestutureowinruinarr a legacy that echoesKenyans'resilience and determination.Built duringthe darkera of colonialism,one roomserved as anarmory,clandestinely storingweapons and supplies usedbycolonialistsandhomeguards duringthe struggleforindependence.

his worst nightmare. oppressiveregime,thehouseofexile Ithamirio ria Ndundu-ini'remains ToJosiahNdongo,asurvivorofthe

logical hardships.Herecallsthe daily strugglesforsurvival,constantfear ofretribution,and deprivation of fundamental humanrights.Yet,even within these walls of despair,his spiritersisted,fueledbyaresilient He suffered physical andpsycho-

recountsthe shockingexperiences he endured duringhisincarceration in thetwo-roomprison house. In histwilightyears,he bravely

REPUBLICOFKENYA

THIRTEENTHPARLIAMENTISECONDSESSION THE SENATE

INVITATIONFORSUBMISSIONOFMEMORANDA

AtthesitingsftheSenatehldnTesday7ctober023andWedsay8tbr03theBillslistet thesecondcolumnbelowwereintroducedintheSenatebywayofFirstReadingandthereafterstoodcommittedtothe respectiveStandingCommitteesindicatedathethirdcolumn.

CommitteesnowinviteinterestedmembersofthepublictosubmitanyrepresentationsthattheymayhaveontheBills by way of writtenmemoranda.

Thememorandamaybe submittedtotheClerkoftheSenate,P.0.Box41842-00100,Nairobihand-delivered to.the OficeftftntPanuidingrrledtlt@t copiedtotheemailaddressesof therespectiveCommitteeindicatedatthefourthcolumnbelow,tobereceivedonor beforeFriday,3dNovember,2023at5.00p.m.

| Bill | CommitteeReferredToEmall Address | CommitteeReferredToEmall Address | |--------------------------------------------------------------------------------------------------------|------------------------------------------------------------------|------------------------------------------------| | a]The Public Holidays[Amendment] Bill,2023SenateBillsNo.31of 2023] | StandingCommitteeon NationalSecurity,Defence andForeignRelations | senate.nsdfr@parliament.go.ke | | b]TheParliamentary Powers and Privileges[Amendment]Bill,2023 | Standing Committeeon JusticeLegalAffairsand | senatellahrc@parllament.go.ke | | [SenateBillsNo.37of2023] ]ThePublicTransport(Motorcycle Regulation]Bill:2023[Senate Bills No.38of2023] | Human Rights Roads,Transportationand StandingCommitteeon Housing | roadstranshousingcomm.senate@parliament.go.ke | | [Amendment]Bill,2023[Senate BillsNo.40of2023] | Finance andBudget StandingCommitteeon | financebudgetcomm.senate@parliament.go.ke | | e]The StreetVendorsProtectionof Livelihood]Bill2023SenateBills No.41of2023) | Trade,Industrialization Standing Committee on andTourism | tradeindtourismcomm.senate@parliment.go.ke | | [SenateBillsNo.42of2023] | StandingCommitteeon Energy | energycommittee.senate@parliament.go.ke | | ]TheSugarBi2023[National AssemblyBills No.34of2023) | StandingCommitteeon Agriculture,Livestockand Fisheries | agriculturelfcommittee.senate@parliament.go.ke |

TheillsaeaccessedothPaimentbsiteatttp//wwalantgke/thenathubins/ills

J.M.NYEGENYE,CBS, CLERKOF.THESENATE.

alists.These weaponswere part of Maufighterscaptured bythecolonithose utilisedbythehomeguardsto suppress anyattempts atescapefrom the colonial villages. housewerethosecollectedfromMau Hesaid theweapons stored in the Appendix 4: Copy of the submissions received on the Bill

COUNCIL OF GOVERNORS

WestlandsDeltaHouse2ndFloor,WaiyakiWay. P.O.B0X40401-00100, Nairobi.

Our Ref: C0G/6/10 Vol.12(49)

Mr. J. M. Nyegenye, CBS The ClerkoftheSenate Parliament Buildings Nairobi

Dear

CONSIDERATION OFTHE PUBLICHOLIDAYS(AMENDMENT) BILL2013

Greetings.

The Council of Governors has reviewed the Public Holidays (Amendment) Bill 2o23 and wishes to express its opposition to the proposed amendment seeking to provide for extension of public holidays.

Whereas the Council recognizes the progressive nature of the Bill, it is important to critically examine the potential adverse effects and unintended consequences that such legislation could have on the country, the economy and the rights of employers. The proposal has the potential to jeopardizeeconomicstability at both theNational and County levels of the Government.

While it is important to consider the well-being and work-life balance of Kenyan employees, the proposed extension of publicholidays should be approachedwith caution.Striking a balance between the rights of emiployees and the need for economic growth is essential to livelihoods of its citizens.

Employment Act.As such, there is need to strike a balance between the rights of employees and the needs of employers to ensure business continuity and productivity.

Please acceptthe assurances of ourhighest esteem and consideration.

Yours

Mary Mwiti Chief Executive Officer

0 3 NOV 2023

Tel:(020)2403314,2403313

E-mailinfo@cog.go.ke

DL9

lendl

31/a012

48Goyernments,1 Nation

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