Senate · Afternoon Sitting
Thursday, 21 March 2024
The Senate resolved to extend the consideration period for the Sacco Societies Non‑Deposit Taking Levy Order to allow further stakeholder consultation. Members debated procedural motions and reported on the Committee of the Whole’s consideration of the Sugar Board Bill and the Prevention of Livestock and Produce Bill, highlighting benefits for farmers and regulatory oversight. The debate was largely constructive, focusing on legislative scrutiny and implementation mechanisms. The Senate spent the afternoon reviewing and amending the Coffee Bill (Senate Bills No.10 of 2023). Senators moved several amendments concerning licensing, the role of the board versus council, and the requirement for consultation with the council of county governors, with divisions scheduled at the end of each clause. The debate was largely procedural with no overt criticism or praise. The Senate afternoon sitting focused on procedural motions, including reporting the Committee of the Whole’s consideration of the Coffee Bill and the Prevention of Livestock and Produce Theft Bill, and moving to read these bills a third time with amendments. Senators made several motions to amend specific clauses and secured seconds, with the Temporary Chairperson overseeing the divisions and procedural steps.
Clerk, do we have quorum? Clerk, you may proceed to call the first Order.
[(The Clerk-at-the-Table consulted with the Speaker)]
Clerk, there is a Communication that I need to make. Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of a visiting delegation from the County Assembly of Murang’a comprising Members of the Governance, Labour, Justice and Legal Affairs Committee. The Delegation is undertaking a one-day study visit in the Senate. I request each Member of the delegatio…
[(Applause)]
Thank you, Mr. Speaker, Sir. The delegation from Murang’a County, I want to take this opportunity to welcome you to the Senate. We are delighted to have you here. Earlier on, we had very fruitful engagements with you at the Standing Committee on Justice, Legal Affairs and Human Rights (JLAHRC) meeting, where we shared the experiences on how we can best carry out our oversight and how you can affir…
Next Order, Clerk. The Senate Majority Leader.
Mr. Speaker, Sir, on behalf of the Senate Majority Leader, I beg to lay the following Papers on the Table of the Senate, today, 21st March, 2024. Report of the Auditor-General on Financial Statements of Taita-Taveta County Executive Car Loan and Mortgage Revolving Fund for the year ended 30th June, 2022. Report of the Auditor-General on Financial Statements of Taita Taveta County Assembly Member…
Report of the Auditor-General on Financial Statements of Taita Taveta County Facilities Improvement Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of County Government of Taita Taveta County Revenue Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements on Special Municipality of Mwatate Fund/Board for the ye…
Report of the Auditor-General on Financial Statements of the County Executive of Kericho for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of the County Assembly of Kericho for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of the County Government of Kericho – Receiver of Revenue for the year ended 30th June, 2023. …
The Chairperson Standing Committee on Land Environment and Natural Resources, please, proceed.
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 21st March, 2024- Report of the Standing Committee on Land, Environment and Natural Resources on the Meteorology Bill (Senate Bills No.45 of 2023)
[(Sen. (Dr.) Lelegwe Ltumbesi laid the document on the Table)]
Next Order, Clerk
Statements Pursuant to Standing Order No.53 (1) . Sen. Alexander Mundigi, you have the Floor.
Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Energy regarding the alleged disproportionate expenditure of Corporate Social Responsibility (CSR) funds by the Kenya Power and Lighting Company (KPLC) in Embu County, in comparison to other Counties that are home to electricity production in Kenya. In the Statement, the Committee shou…
Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the purchase of cereals by the National Cereals and Produce Board (NCPB) from the farmers in Embu County. In the Statement, the Committee should-
[(Loud consultations)]
Mr. Speaker, Sir, if you allow me, I could read the second Statement.
proceed.
Mr. Speaker, Sir, I rise on behalf of Sen. Sifuna, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the Nairobi Metropolitan Services (NMS) pending bills and the completion status of projects. In the Statement, the Committee should-
Sen. Mandago, proceed.
That Statement has been dropped. Proceed, Sen. Veronica Maina.
[(Statement dropped)]
Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the recent state of horrific traffic accidents in many parts of the country. In the Statement, the Committee should-
Hon. Senators, allow me at this juncture to invoke Standing Order No.45 (2) to re-arrange the sequence of today’s Order Paper. We will move to prosecute Order Nos.10 and 11. Thereafter, we shall resume business as contained in the Order Paper. Clerk, proceed to call Order No.10.
Thank you, Mr. Speaker, Sir. I beg to move the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the County Governments (Additional Allocations) Cash Disbursement Schedule for the Financial Year 2023/2024, laid on the Table of the Senate on Wednesday, 20th March, 2024 and that, pursuant to Section 17 (7) of the Public Finance Management Act an…
The only thing left between releasing the funds to the counties and funds not moving is the Cash Disbursement Schedule. Since the County Governments (Additional Allocation) Bill was extensively debated in this House, I do not want to belabour going through the details, as they have already been covered. I beg to lay and request my Vice Chairperson, Sen. Tabitha Mutinda, to second.
Mr. Speaker, Sir, I beg to second this Motion on the County Governments Cash Disbursement Schedule and emphasize that we are behind time. I urge all colleagues to expedite this process, so that before we come to the end of the Financial Year 2023/2024, this Kshs48 billion can be received at the county level. We have the First, Second, Third and Fourth schedules of the funds that we have passed. …
[(Question proposed)]
Hon. Senators, you may intervene at this juncture. However, with your concurrence, I will put the question.
Put the question.
I will, therefore, proceed to put the question which is: That the Senate adopts the Report of the Standing Committee on Finance and Budget on the County Governments (Additional Allocations) Cash Disbursement Schedule for the Financial Year 2023/2024, laid on the Table of the Senate on Wednesday, 20th March, 2024 and that, pursuant to Section 17 (7) of the Public Finance Management Act and Standing…
Serjeant-at-Arms, proceed to close the Doors and draw the Bar. Hon. Senators, kindly take your seats. I had put the question on Order No.10. Voting will be done electronically. I request hon. Senators to log out. Serjeant-at-Arms, please, walk around and pull out any cards remaining in the delegate units. Once that exercise is done, kindly signal. Are we done? We are good. Hon. Senators, kindly…
[(The Doors were closed and the Bar drawn)]
[(Several Senators stood in their places)]
[(Sen. Ali Roba consulted Sen. Abass)]
Sen. Ali Roba, kindly take your seat.
Hon. Senators, the results of the Division are as follows -
Serjeant-at-Arms, I believe that we do not have any card inside the delegate units. Is that the position? You may now log in and proceed to vote by pressing “Yes”, “No” or “Abstain.”
Now, the results of the Division on Order No.11 are as follows-
You may now proceed to undraw the Bar and open the doors.
Mr. Temporary Chairperson, Sir, I beg to move that the Committee of the Whole do report to the Senate its consideration of The Public Service (Amendment) Bill (National Assembly Bills No.46 of 2022) and its approval thereof with amendments.
[(Values and Principles)]
[(Question proposed)]
[(The House Resumed)]
[[The Temporary Speaker (Sen. Veronica Maina) in the Chair]]
Serjeant-at-Arms, you may draw the Bar and open the Doors. Hon. Senators, please settle down so that the Chairperson can report progress on the Coffee Bill (Senate Bills No.10 of 2023) . Sen. Wakili Sigei, you may proceed.
[(The Bars were drawn and Doors opened)]
Mr. Temporary Speaker, I now wish to report that the Committee of the Whole has considered the Coffee Bill (Senate Bills No.10 of 2023) , and its approval thereof with amendments.
Thank you. I now call upon the Mover to move.
Madam Temporary Speaker, I beg to move that the House do agree with the Committee of the Whole on the said Report and I call on the Senate Majority Leader, Sen. Cheruiyot to Second.
Madam Temporary Speaker, I second.
[(Question proposed)]
[(Question put and agreed to)]
Madam Temporary Speaker, I beg to move that the Coffee Bill (Senate Bills No.10 of 2023) , be now read a Third Time. I call upon the Senate Majority Leader, Sen. Cheruiyot, to second.
Madam Temporary Speaker, I second.
[(Question proposed)]
[(Question put and agreed to)]
Madam Temporary Speaker, I wish to report that Committee of the Whole has considered the Prevention of Livestock and Produce Bill (Senate Bills NO. 12 of 2023) , and its approval thereof with amendments.
Apologies for that Senators.
Who is seconding?
Madam Temporary Speaker, I second.
[(Question proposed)]
[(Question put and agreed to)]
I invite the Mover to proceed and move.
Madam Temporary Speaker, I beg to move that the Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) be now read a Third Time. I invite Sen. Olekina to second.
Mr. Temporary Chairperson, Sir, there is a more elaborate proposal that has been made in respect of this same Clause and so, I wish to withdraw what has been proposed in Order Paper and the same amendment be dropped. (Proposed amendment to Clause 4 by
Sen. Osotsi, please, proceed. (Sen. Osotsi stood up in his place) Very well, Sen. Osotsi, resume you seat. I will invite you when we get to Clause
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 4 of the Bill be amended by deleting paragraph (e) and substituting therefor the following new paragraph –
Mr. Temporary Chairperson, Sir, I beg to move - THAT, the Bill be amended by inserting the following new clause immediately after clause 5 – 5A. The principal Act be amended by inserting the following new section immediately after section 32 –
Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I request Senator for Nyandarua County to second.
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 3 of the Bill is amended by deleting paragraph (a) The Temporary Chairperson (Wakili Sigei) : Division will be at the end. Clause 2
[(Question of the amendment proposed)]
Mr. Temporary Chairperson, Sir, I beg to move- THAT, Clause 2 of the Bill is amended by deleting the definition of the term “authorized officer” and substituting therefor the following new definition— "authorized officer" means an officer appointed within the public service or service Commission to perform a human resource management function within the public service or service Commission.
Madam Temporary Speaker, I second.
Mombasa County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Murango, Kirinyaga County;Sen. Murg…
Madam Temporary Speaker, I second.
[(Question proposed)]
[(Question put and agreed to)]
Hon. Members, these are the results of the division-
Madam Temporary Speaker, I second.
[(Question proposed)]
Hon. Members, let us now prepare for the next vote on all Clauses.
Thank you, Sen. Wakili Sigei. I invite the Mover to proceed.
Who is seconding?
Hon. Senators, the results of the Division are as follows-
Hon. Senators, the results of the Division are as follows-
Please give him the microphone.
The “Ayes” have it.
Sen. Mwaruma, Taita Taveta County; Sen. Oketch Gicheru, Migori County; Sen. Olekina, Narok County;Sen. Osotsi, Vihiga County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; and, Sen. Wakili Sigei, Bomet County.The Temporary Chairperson (
Hon. Senators, these are the results on Division on Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) -
The Temporary Chairperson (
We are now going to the last Division on the Public Service (Values and Principles) (Amendment) Bill (National Assembly Bills No.46 of 2022)The first Division is on clauses with amendments. (Question put) Hon. Members, you may proceed to cast your vote.
The Temporary Chairperson (
Hon. Senators, these are the results on the Division for the Public Service (Amendment) Bill (National Assembly Bills No.46 of 2022) .
[(Values and Principles)]
Mr. Chairperson, I beg to move that the Committee do report to the Senate in consideration of the Coffee Bill (Senate Bills No.10 of 2023) and its approval thereof with amendments.
[(Question proposed)]
Hon. Senators, we are now proceeding to the second Bill, the Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) . I call upon the Mover, Sen. Cheruiyot to move.
Madam Temporary Speaker, I beg to move- THAT, AWARE THAT the Sacco Societies Order, 2023 Legal Notice No.178 of 2023 were tabled in the Senate on 15th November, 2023 and referred to the Select Committee on Delegated Legislation for consideration; RECOGNIZING THAT this Order relates to imposition of a levy on non-deposit taking Sacco societies; COGNIZANT THAT Section 5 of the Statutory Instrumen…
[(Non-Deposit Taking Levy)]
[(Cap 2A, Laws of Kenya)]
[(Non-Deposit Taking Levy Order)]
[(Legal Notice No. 178 of 2023)]
The committee is mandated to consider, in respect of any statutory instrument, whether it infringes on fundamental rights and freedom of the public and contains imposition of taxation. The Sacco Societies as specified in Non-Deposit Taking Levy Order 2023, Mr. Speaker, Sir, was gazetted on 2nd November---
Mr. Temporary Chairperson, Sir, I beg to move that the Committee of the Whole do report to Senate its consideration of The Parliamentary Powers and
Proceed.
Mr. Temporary Chairperson, Sir, I beg to move that the Committee of the Whole do report to the Senate its consideration of The Public Service (Amendment) Bill (National Assembly Bills No.46 of 2022) and its approval thereof with amendments.
[(Values and Principles)]
[(Question proposed)]
[(The House Resumed)]
[[The Temporary Speaker (Sen. Veronica Maina) in the Chair]]
Hon. Senators, I will now propose the question.
[(Question proposed)]
There is one request from Sen. Cherarkey. Sen. Cherarkey, have you dropped that request? It was a mistake. Hon. Senators, I see no request to debate on this Motion. So, I now put the Question.
[(Sen. Cherarkey spoke off record)]
[(Question put and agreed to)]
Next Order. Proceed, Sen. Wafula Wakoli.
Madam Temporary Speaker, I beg to move that the House do agree with the Committee of the Whole on the said Report and I call on the Senate Majority Leader, Sen. Cheruiyot to Second.
Madam Temporary Speaker, I second.
[(Question proposed)]
[(Question put and agreed to)]
The Bill also has an element of arbitration. The Chief Justice (CJ) has the opportunity to select a team to arbitrate cases of misunderstanding, mitigate conflict among stakeholders and bring sanity to the industry. Madam Temporary Speaker, the Bill introduces the Sugar Board, which at some point, disappeared from existence. The board will ensure that the regulations are instilled and maintained.…
Sen. Wafula, when we resume you will have a balance of 54 minutes to proceed with the Motion that you are moving right now.
Madam Temporary Speaker, I second.
[(Question proposed)]
[(Question put and agreed to)]
Madam Temporary Speaker, I wish to report that Committee of the Whole has considered the Prevention of Livestock and Produce Bill (Senate Bills NO. 12 of 2023) , and its approval thereof with amendments.
Apologies for that Senators.
Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report.
Who is seconding?
I request Sen. Ali Roba to second.
Madam Temporary Speaker, I second.
[(Question proposed)]
[(Question put and agreed to)]
I invite the Mover to proceed and move.
Madam Temporary Speaker, I beg to move that the Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) be now read a Third Time. I invite Sen. Olekina to second.
The division will be at the end.
I invite the Chairperson of the Food and Feed Safety Control Co-Ordination Bill (National Assembly Bills No. 21 of 2023) to report.
Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Food and Feeds Safety Control Co- Ordination Bill (National Assembly Bills No.21 of 2023) , and its approval thereof with amendments.
I invite the Mover to proceed.
Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I request Senator for Nyandarua County to second.
Madam Temporary Speaker, I second.
[(Question proposed)]
[(Question put and agreed to)]
The division will be at the end. I invite the Mover to proceed and request for Third Reading.
Madam Temporary Speaker, I beg to move that the Food and Feed Safety Control Co-ordination Bill (National Assembly Bills No. 21 of 2023) , be now read a Third Time. I request the Senator for Nakuru County to second.
Madam Temporary Speaker, I second.
Thank you, Sen. Tabitha Keroche. Division will be at the end.
[(Question proposed)]
Hon. Senators, we will now move to the next Bill. The Chairperson, Sen. Wakili Sigei is to report on the Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No.37 of 2023).
Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No.37 of 2023) and its approval thereof with amendments.
I call upon the Mover.
Madam Temporary Speaker, I beg to move that the Senate do agree with the Committee of the Whole in the said report. I request Sen. Sifuna to second.
Madam Temporary Speaker, I second.
[(Question proposed)]
[(Question put and agreed to)]
I call upon the Mover to proceed and move it for Third Reading.
Madam Temporary Speaker, I beg to move that the Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No.37 of 2023) be now read a Third Time. I request Sen. Olekina to second.
The division will be at the end. I invite the Chairperson to report on the Public Service (Amendment) Bill (National Assembly Bills No.46 of 2022) .
[(Values and Principles)]
Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Public Service (Amendment) Bill (National Assembly Bills No.46 of 2022) and its approval thereof with amendments.
[(Values and Principles)]
Thank you, Sen. Wakili Sigei. I invite the Mover to proceed.
Madam Temporary Speaker, I beg to move that the House do agree with the Committee in the said report.
Who is seconding?
Madam Temporary Speaker, I apologize. I invite Sen. Thang’wa, the miracle Senator, to second.
Turn on the microphone for Sen. Thang’wa to second.
Madam Temporary Speaker, I second.
[(Question proposed)]
[(Question put and agreed to)]
I invite the Mover.
Madam Temporary Speaker, I beg to move that the Public Service (Amendment) Bill (National Assembly Bills No.46 of 2022) , be now read a Third Time. I request Sen. Faki to second.
[(Values and Principles)]
Please give him the microphone.
Division will be at the end. Serjeant-at-Arms, can you ring the Division Bell for five minutes. Serjeant-at-Arms, you can stop the bell, draw the bars and close the doors. We will vote electronically. Hon. Senators, you may settle down so that we can proceed to Division.
[(The Division Bell was rung)]
Hon. Senators, please, settle down so that I put the Question. We have a very short time to vote so proceed to vote. Serjeant-at-Arms, check any unattended cards. Secretariat, check so that we can move into the next division. Confirm whether all the Senators in the Chamber have voted. I will put the question on the Coffee Bill.
(Question put) The results will be announced at the end, so we will go to the next Bill. I will not put the Question. (Question put) Please, proceed to vote. Secretariat, please confirm that all the Senators in the Chamber have voted. Hon. Senators, we are moving to the next Division on the Food and Feed Safety Control Co-Ordination Bill (National Assembly Bills No. 21 of 2023). (Question put) …
Secretariat, please cross-check whether all the Senators in the Chamber have voted. Sen. Gataya Mo Fire, where are you? Please approach the Clerk’s desk. We are proceeding with the third Division for the day, the Public Service (Amendment) Bill (National Assembly Bills No. 46 of 2022) and I will put the Question. You may proceed to vote.
[(Sen. Gataya Mo Fire approached the Clerks-at-the-Table)]
[(Values and Principles)]
[(Electronic voting in progress)]
Clerk, please cross-check. Sen. Mo Fire, approach the Clerk’s desk. (Sen. Gataya Mo Fire approached the Clerks-at-the-Table) Serjeant-at-Arms, you can open the Doors and draw the Bars.
Hon. Senators, these are the results on Division on Prevention of Livestock and Produce Theft Bill (Senate Bills No.12 of 2023) -
Hon. Senators, these are the results on the Division on the Food and Feed Safety Control Co-ordination Bill (National Assembly Bills No.21 of 2023) -
Hon. Senators, these are the voting results on the Division on the Parliamentary Powers and Privileges Bill (Senate Bills No.37 of 2023) .
Hon. Senators, these are the results on the Division for the Public Service (Amendment) Bill (National Assembly Bills No.46 of 2022) .
[(Values and Principles)]
Hon. Senators, that is the end of the Division. I will now reorganize the Order Paper and request the Clerk to move to order Nos. 8 and 9.
I call upon Sen. Gataya Mo Fire, the Chairperson of the Committee on Delegated Legislation, to move the Motion.
Madam Temporary Speaker, I beg to move- THAT, AWARE THAT the Sacco Societies Order, 2023 Legal Notice No.178 of 2023 were tabled in the Senate on 15th November, 2023 and referred to the Select Committee on Delegated Legislation for consideration; RECOGNIZING THAT this Order relates to imposition of a levy on non-deposit taking Sacco societies; COGNIZANT THAT Section 5 of the Statutory Instrumen…
[(Non-Deposit Taking Levy)]
[(Cap 2A, Laws of Kenya)]
[(Non-Deposit Taking Levy Order)]
[(Legal Notice No. 178 of 2023)]
The committee is mandated to consider, in respect of any statutory instrument, whether it infringes on fundamental rights and freedom of the public and contains imposition of taxation. The Sacco Societies as specified in Non-Deposit Taking Levy Order 2023, Mr. Speaker, Sir, was gazetted on 2nd November---
Sen. Mo Fire, I know it is late in the day and your energies may be going down, but there is no Speaker, Sir, right now. It is me on the Chair.
Sorry, Madam Temporary Speaker. It is not that extraneous.
Proceed.
The Sacco Societies specified Non-Deposit Taking Business Levy Order 2023 was gazetted on 2nd November by Legal Notice No.178 of 2023 and tabled in the Senate on 8th November, 2023. The Levy Order was enacted pursuant to Section 15 (1) of the Sacco Societies Act No.14 of 2008. The section provides that authority may be by order published in a gazette to impose a levy to be known as Sacco Societie…
Madam Temporary Speaker, this is a fair request by the committee. They need more time. Therefore, I wish to request the House to agree with the request by the committee. I beg to second.
Hon. Senators, I will now propose the question.
[(Question proposed)]
There is one request from Sen. Cherarkey. Sen. Cherarkey, have you dropped that request? It was a mistake. Hon. Senators, I see no request to debate on this Motion. So, I now put the Question.
[(Sen. Cherarkey spoke off record)]
[(Question put and agreed to)]
Next Order. Proceed, Sen. Wafula Wakoli.
Thank you, Madam Temporary Speaker. I beg to move that the Sugar Bill (National Assembly Bills No. 34 of 2022) be now read a Second Time. This has been a contentious Bill for many years. Many political activists, political leaders, and business people have taken Kenyans round in circles just to meet their political appetite and business agenda. Madam Temporary Speaker, the Standing Committee on …
The Bill also has an element of arbitration. The Chief Justice (CJ) has the opportunity to select a team to arbitrate cases of misunderstanding, mitigate conflict among stakeholders and bring sanity to the industry. Madam Temporary Speaker, the Bill introduces the Sugar Board, which at some point, disappeared from existence. The board will ensure that the regulations are instilled and maintained.…
Sen. Wafula, when we resume you will have a balance of 54 minutes to proceed with the Motion that you are moving right now.