There is a Petition by the Hon Member for Tigania West Constituency which is his normal place of abode. Is he here? He is still in the village? The House starts at 2.30 p.m.
Yes, Mr. Karithi.
The Member standing in front of me is in breach of the Standing Orders. Put your card in, Hon. Karithi. Log in.
Thank you, Hon. Speaker. I have a Public Petition on the gazettement of Tigania West as a hardship area by the Ministry of Education, Science and Technology. I, the undersigned, on behalf of the residents of Tigania West Constituency, draw the attention of the House to the following:- THAT, Tigania West Constituency borders Isiolo and Tharaka Nithi counties; THAT, Tigania West Constituency is characterised by hardship, poverty, remoteness and hard climatic conditions and poor infrastructure; THAT, due to the harsh climatic conditions, public learning institutions and the community at large are supplied with relief food; THAT, primary and secondary schools are not keen to take up postings in these areas since they are not entitled to hardship allowance; THAT, Isiolo and Tharaka Nithi counties were gazetted as hardship areas thus attracting teachers from Tigania area to take up posts in the neighbouring Tharaka Nithi and Isiolo counties; The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
THAT, the shortage of teachers in public schools in Tigania West area has led to poor performance; THAT, efforts to resolve the matter with Ministry of Education, Science and Technology and the Teachers Service Commission have been futile; THAT, the issues in respect of which this Petition is made are not pending before any court of law, constitutional or statutory bodies. Therefore, your humble Petitioners pray that the National Assembly, through the Departmental Committee on Education, Research and Technology, recommends that the Cabinet Secretary for the Ministry of Education, Science and Technology in conjunction with the Teachers Service Commission gazettes Tigania West Constituency as a hardship area. And your Petitioners will forever pray.
Thank you, Hon. Speaker.
Do I see a few people like your neighbour, Hon. Linturi want to comment?
Thank you, Hon. Speaker. Let me thank the teachers who found it necessary to bring this Petition through their Member of Parliament. This is because the Petition has made this Hon. Member make history by speaking for the first time, three years after election.
Two, I want to make it clear that the issue of hardship is not a problem that is in Meru alone. It is a problem for the county and other parts of this country. So, I support this Petition. As the Committee engages to look into this Petition, we ask them to also consider areas of Igembe North, Igembe East and those other areas of the lower Igembe South with a view to make sure their issues are addressed when they make their recommendations to the Teachers Service Commission.
On a point of order.
Resume your seat. There is a point of order from Hon. Mpuru Aburi.
Thank you, Hon. Speaker. Mr. Mithika Linturi must apologise to this House for saying that this is the first time for Mr. Karithi to speak in this House. This is very bad. He has to apologise. It is untrue.
Yes? Is it not true?
I am aware that the Hon. Member made his Maiden Speech long ago. He is a robust contributor to debate in this House.
Hon. Linturi, you must withdraw that.
Hon. Speaker, with all humility, if that is the case because the HANSARD is the custodian of the information of proceedings of this House, then I humbly withdraw. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Speaker. I thank the Member of Parliament for Tigania West for finding it fit to bring this Petition on behalf of the people of Tigania West. I dare say that this affects a large population of Meru County where a number of our schools are facing challenges yet they have not been considered in the special programmes. Whenever we go to the State Department of Special Programmes to have these schools considered in the hardship programme, they have always said that Meru County is not a county that qualifies for this kind of support. I say this today bearing in mind that we have very special guests from Tigania West who have been on a benchmarking tour in Kisumu and Mombasa to see how the programmes are effected in those other counties. This is important because we have been seeking support from Red Cross and various donors who have supported teachers, students and pupils. So, this is a proper Petition that has been brought to this House by Hon. Karithi. I believe that the concerned organs of this Government are going to ensure that this is taken up and Tigania West students, pupils and teachers are taken care of. Thank you.
Do I get an intervention that Hon. Olago Aluoch wants to say something about it? Yes, Hon. Olago Aluoch.
Thank you, Hon. Speaker. Kisumu West may be far away from Tigania, but the issue of classification of this country into hardship and non-hardship areas is very important. As much as the issue is important, it is a pity that Hon. Linturi has brought up an issue that is very localised in Tigania between him and Mheshimiwa, but that is not for us to discuss now. The same issue arises in Kisumu County because the teaching fraternity should be having standards so that we know the area they come from and work in. If you are talking about Muhoroni or Kisumu West, we know which parts can be classified as hardship areas. The problem we have, which is similar to this one, is that the Teachers Service Commission (TSC) is not able to classify parts of Kisumu City as areas that should get what is called City Housing Allowance. That is precisely the problem that they have in Tigania. It is time TSC came up with proper criteria for classification of areas so that teachers get what they are truly entitled to. Thank you.
Thank you, Hon. Speaker. That Petition has come at the right time. I was a teacher at that place. Some of the residents you see up here visiting Parliament today are some of my students when I was teaching there. Some have become principals of secondary schools. That area is a hardship area. It is between Isiolo and Tharaka, yet Tharaka is classified as a hardship area where teachers who teach there get allowances. Therefore, I support the MP for Tigania East for bringing this Petition because some of the schools there do not have adequate teachers. Teachers go there, find it a hardship area and ask for transfers to move to other schools. Therefore, I thank the MP. That area should be gazetted immediately as a hardship area. What has transpired between Hon. Karithi and Hon. Mithika Linturi, my colleague here, is part of Meru politics which is playing out between the person who wants to become the Governor and the current Governor. Karithi has spoken in Parliament several times. I support you when you say that he is robust MP. Tigania people, you are assured that your MP speaks in Parliament. You can see what he is doing. This Petition has come at the right. Therefore, I support the Petition. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Once a matter has been brought to the House, it is not a county affair. So, do not localise it. Do I see Hon. Silverse Anami desirous of contributing to this?
Hon. Justice Kemei or is it Pukose?
Thank you, Hon. Speaker.
Hon. Justice Kemei is already on his feet. Okay, you speak Hon. Pukose. Hon. Kemei, I will give you a chance.
Thank you, Hon. Speaker. I want to thank Hon. Karithi for passionately pushing for the issues affecting his constituents especially the issue of Tigania West being a hardship area. It is unfortunate that Hon. Linturi who never brought our signatures to the House and read our Petition could trivialise this very important matter.
The issue of teachers is one of the issues that most of us feel, especially in a constituency like Endebess where I border West Pokot. That is hardship area and my people are also feeling the pinch. I want to support Hon. Karithi for this very important Petition. Thank you.
The Members from that county, please allow others from other counties to speak. It is not village matter. Let us hear the voice from Sigowet/Soin. Maybe many of you do not even know the names of the constituencies some of your colleagues represent. I am an exception because I know he is a Member for Sigowet/Soin.
Thank you, Hon. Speaker, for giving me this chance. I rise in support of the Petition by Hon. Karithi. Some of us who have interest in posting of teachers to hardship areas need to be called by the Departmental Committee on Education, Research and Technology when they are interrogating TSC and the Ministry of Education, Science and Technology. Parts of Soin Division are classified as hardship areas and within those hardship areas, the Ministry of Education, Science and Technology has unilaterally decided that some schools are not hardship areas while those which are neighbouring are hardship areas. We would wish----
Thank you very much, Hon. Speaker. I want to support my colleague,
Karithi, because his constituency neighbours mine. My constituency also neighbours Tharaka Constituency. The lower part of my constituency is a hardship area. There was a time when we used to get relief food. I want to support my colleague and say here in front of teachers from his constituency that I have heard many times Hon. Karithi speaking. It should be removed from the HANSARD that he does not speak because I have heard him speak many times. If the hardship allowance is going to be given, we should have fairness in it. Many of our constituencies border the hardship areas. Just one kilometre away from my border, the schools in The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Tharaka get hardship allowance and my schools do not get it. I believe the lower part of my constituency should be gazetted as hardship area. Thank you.
That should suffice to move to the next Order. Allow me to recognise the presence of Tigania West Head Teachers Association from Meru County in the Public Gallery.
The Petition is referred to the Departmental Committee on Education, Research and Technology. Next Order.
Hon. Speaker, I beg to lay the following Papers on the Table:- The Reports of the Auditor-General on the Financial Statements in respect of the following institutions for the year ended 30th June, 2015, and the certificates therein:- (1) Ministry of Information, Communication and Technology - Revenue Statement; (2) Communication Authority of Kenya; (3) Communication Authority of Kenya Universal Service Fund; (4) Jomo Kenyatta Foundation; (5) Ministry of Lands, Housing and Urban Development - Revenue Statement; (6) Kenya Broadcasting Corporation; (7) Kenya Yearbook Editorial Board; (8) Commission for University Education; (9) Nyayo Tea Zone Development Corporation; (10) Mwea Rice Mills Limited; (11) Kenya Railways Corporation; (12) Prisons Industries Revolving Fund; and (13) Kenya Cultural Centre. The Report of the Auditor-General on the Financial Statements of the National Gender and Equality Commission - Norwegian Fund Project for the 14 months ending 30th September, 2015 and the certificate therein. The Annual Report and Financial Statements of the Kenya Post Office Savings Bank for the year ended 30th June, 2013. The Annual Report and Financial Statements of the Kenya Universities and Colleges Central Placement Service for the year ended 30th June, 2014. The Annual Report and Financial Statements of the Transition Authority for the year ended 30th June, 2015.
Let us have the Chairperson of the Mediation Committee on the Climate Change Bill, 2014, Hon. Dr. Wilbur Ottichilo.
Hon. Speaker, I beg to lay the following Paper on the Table:- The Report of the Mediation Committee on the Climate Change Bill (National Assembly Bill No.1 of 2014).
Next we will have the Chairperson of the Departmental Committee on Labour and Social Welfare, Hon. Were.
Hon. Speaker, I beg to lay the following Papers on the Table:- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Reports of the Departmental Committee on Labour and Social Welfare on:- (1) Sessional Paper No.6 of 2014 on the National Children Policy; (2) Sessional Paper No.1 of 2015 on the National Policy on Elimination of Child Labour; (3) 41st African Regional Labour Administration Centre (ARLAC) Governing Council Meeting and High-Level Symposium on Social Protection in Victoria Falls, Zimbabwe; (4) Study Visit to Philippines and the United Arab Emirates on Administration of Foreign Employment and Management of Labour Migration; (5) 9th International Association of Athletics Federation (IAAF) World Youth Championship in Cali, Colombia; and (6) The 15th World Athletics Championship in Beijing, China.
The Chairperson of the Departmental Committee on Justice and Legal Affairs, Hon. Chepkong’a.
Hon. Speaker, I beg to lay the following Papers on the Table:- The Reports of the Departmental Committee on Justice and Legal Affairs on:- (1) Petition by the National Victims and Survivors Network on the Truth, Justice and Reconciliation Commission Report; (2) Petition by the residents of Tharaka Nithi County on alleged non-refunded cash bails by Marimanti Law Courts. This was presented on behalf of the residents by Hon. Beatrice Nyaga. It was the most successful Petition. Arising from this Petition, the Judiciary, in the Supplementary Budget, has made provision of Kshs1.2 million to refund those very poor people who had paid their cash bail but it was taken as part of the revenue of the Judiciary. The money will be repaid immediately we pass the Supplementary Budget; (3) Petition on the Mau Mau War Veterans and the recognition of the armed struggle.
Hon. Speaker, I beg to give notice of the following Motion:- THAT, pursuant to the provisions of Article 113(2) of the Constitution and Standing Order No.150, this House adopts the Report of the Mediation Committee on its consideration of the Climate Change Bill (National Assembly Bill No.1 of 2014), laid on the Table of the House today, Wednesday 13th April 2016, and approves the mediated version of the Climate Change Bill, 2014.
Thank you, Hon. Speaker. This is to report on the business that has been referred to the Committee by the House and yourself, Hon. Speaker. The Bills that are pending before the Committee that were tabled and forwarded to the Committee are as follows:- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
(1) The Presidential Memorandum on Small Claims Court Bill, 2015. We dealt with it and it was brought to the House. We tabled it and it was discussed and passed. (2) The Political Parties (Amendment) Bill, 2016. It is pending in the House for discussion. It has been on the Order Papers; (3) The Election Laws (Amendment) (No.3) Bill (National Assembly Bill No.63 of 2015). It is also before the House for discussion. (4) The Mediation Committee Report on the Statute Laws (Miscellaneous Amendments) Bill, 2013. We tabled it and it was approved by the House;
Order Members, especially those who have the habit of communicating across the aisles! I have in mind the Member facing me directly, the Hon. Member for Mbita. Is it Mbita or Suba?
Hon. Millie Odhiambo, I know you want to consult your colleagues across the aisle, especially the Member for Igembe South. Why do you not approach him and sit next to him so that you do not have to shout? He is not harmful.
Thank you, Hon. Speaker. As you were communicating with her, you were wondering whether she was the Member of Parliament for Mbita or Suba. She said she represents both. I am just wondering why Hon. Mbadi is not claiming his seat. The seat has been ceded to Hon. Millie Odhiambo.
Hon. Millie Odhiambo, what is out of order now?
Thank you, Hon. Speaker. There are two things which are out of order. I am exceptionally smart and it is causing jitters on the side of---I cannot complete that statement. The other issue that is out of order is that my constituency has traditionally been referred to as “Mbita”. There was a High Court decision that changed the name to “Suba North”. So, as we speak, there are Government documents that still refer to it as Mbita and other documents that refer to it as Suba North. Being half Suba and half Luo, I would have loved it to be called “Mbita Suba North” or “Suba North Mbita” but unfortunately, the court decided to only call it “Suba North”. I know Hon. Mbadi will be happy if it is Suba North but I am half Luo and half Suba so I would want to have it both. That is what it is.
I am unlikely to make any ruling save to point out that for purposes of the screen, you are Member for Mbita. What I see here on the screen shows you to be Member for Mbita. There is nothing else out of order, surely. Let us do business and avoid side shows about people who are smart or shaggy.
The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
You can discuss that in Nyayo Stadium or some such like places.
What are the standards?
You cannot involve me. Hon. Chepkong’a.
Hon. Speaker, the Committee also recently received the Public Appointments (County Assemblies Approval) Bill, 2014, Senate Bill, for consideration. It is undergoing public participation. We should be tabling our report in due course. We have tabled some Petitions that have been pending before the Committee this afternoon. We now only have one Petition that is pending. That is the Petition on the alleged murder of Gladys Ritho. We have sought the Attorney-General’s and the Director of Public Prosecutions’ comments on the matter. We will also be considering the Petition by Hon. Chris Omulele whom we have invited to appear before the Committee on Thursday this week. We hope we will meet him tomorrow. The Committee has also considered the Petition by Johnson Kobia and discovered that the issues raised by the Petitioner are central in a criminal case in Meru courts.
Hon. Leader of the Majority Party and the Deputy Leader of the Minority Party you cannot be the ones communicating across the aisle so loudly. I am sure the two of you can approach each other and whisper.
The final Petition that is pending before the Committee is the one by the National Nurses Association of Kenya which was concluded by the Departmental Committee on Health but was referred to us. Most of the issues that were raised in the Petition have already been captured in the Health Bill. So, we will be making a report in due course. There are legislative proposal pending before the Committee. They are as follows:- The Judicature Act (Amendment) Bill, 2016 by Hon. Irungu Kangata; the Constitution of Kenya (Amendment) Bill, 2016 by Hon. Ababu Namwamba and the Constitution of Kenya (Amendment) Bill of 2016 by Hon. Alice Wahome. We are subjecting these proposals to due process of consultation and we have forwarded them to the Kenya Law Reform Commission (KLRC) and the Attorney-General for their comments. We are awaiting those comments. Once we receive them, the Committee will deliberate on them and make the necessary decision. We also have the Traditional Courts Bill 2016, by Hon. Abdikadir Ahmed. We are also dealing with it in the same manner.
That is all the business pending before the House. We will continue updating as and when we are required to do so.
Thank you, Hon. Speaker.
Very well. Unless there is somebody who has an issue on what has been reported, I can allow two or three minutes. Hon. Olago Aluoch.
Hon. Speaker, I have the privilege of serving in the Departmental Committee on Justice and Legal Affairs and I stand here with a very heavy heart. I have listened very keenly to my Chairman and I notice that my Government Proceedings (Amendment) Bill is not listed. That is a matter that is very serious because I am proposing to amend the Government Proceedings Bill very fundamentally. I know it has gone to the Executive and the Attorney- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
General and they are very jittery and hostile to it. I have raised it many times with the Committee and it never comes up. Today, I know for sure that my Chairman does not want it to come up. Can he explain to the House why it is not listed as one of the pending matters?
As one of the businesses pending or legislative proposals. Any other Hon. Member who has something before that Committee which they would like to raise? Hon. Chepkong’a could respond to Hon. John Olago Aluoch’s question.
Hon. Speaker, you know my senior is very forceful and dare I say vociferous on presentation of his legislative proposal. This is a matter that we have discussed with Hon. Aluoch a number of times. It is a matter that is pending in the Committee. It has been there since 2014, I believe. We had agreed that we will invite the Attorney-General to appear before the Committee so that he can canvass those issues. A number of occasions when we have made an attempt to do so, the Attorney-General was outside the country. I undertake, since he is a Member of the Committee, to deal with it bilaterally between him and myself. I am sure we will conclude this matter. We belong to the same profession. I see no fight in this. This is not a major issue although it is a major issue to him. His Bill has major repercussions to the economy of this country. So, that is the reason we are taking a little bit of time because he is seeking to remove the protection on attachment of Government properties on civil debts judgements. Those are issue the Attorney-General said he would like to deal with personally. I am sure Hon. Aluoch as a lawyer knows it. He also admits that we need to agree on the way forward.
I undertake that in the next two weeks we should bring a report to the House. Thank you, Hon. Speaker.
Sit in the Committee, discuss and agree on what report to be brought to the House relating to the proposal. Has the Bill been published?
It is in that other stage. Hon. Aluoch, since you are a Member of the Committee you should raise the matter in the Committee so that you can get a definite date when the Attorney-General or whomever they may desire to depute to appear before the Committee and discuss whatever issues, misgivings or concerns they may have so that you can proceed to the next level. You should be able to discuss before the Committee some of the issues that Hon. Chepkong’a has raised among others. So, proceed and discuss it and let the proposal proceed.
Hon. David Were.
Hon. Speaker, the following is the status report of business pending before the Departmental Committee on Labour and Social Welfare. We had two sessional papers; Sessional Paper No.6 of 2014 on the National Children Policy and Sessional Paper No. 1 of 2015 on the National Policy on Elimination of Child Labour. They have been concluded and I have just tabled them. On foreign trips, we have the following reports:- 1) High-Level Symposium on Social Protection held in Victoria Falls, Zimbabwe. 2) A study visit to Philippines and to United Arab Emirates on Administration of Foreign Employment and Management of Labour Migration. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Any Member who has an issue that they may wish to raise with the report presented by the Chair of Labour and Social Welfare Committee? Hon. Member for Mbita.
Thank you, Hon. Speaker. I am not too sure whether what I want to raise is for the Labour and Social Welfare Committee or the Departmental Committee on Justice and Legal Affairs. The Child Justice Bill has vanished somewhere. I do not know whether it is between the Labour and Social Welfare Committee or the Departmental Committee on Justice and Legal Affairs. I know the child aspect is with the Labour---
Hon. Onyonka, for tomorrow and going forward, your own Standing Orders say that when a Member is speaking, if you are passing through there, you must bend so as not to impede the view. I must look at the Hon. Member for Mbita directly.
Thank you, Hon. Speaker, the child part falls under and Labour and Social Welfare Committee and the justice bit falls under the Departmental Committee on Justice and Legal Affairs. So, maybe, that is why the Bill has vanished somewhere, but it was completed at the beginning of this Parliament in 2013. I do not know where it is.
Can you check with the Directorate of Legislative and Procedural Services because it is possible that it might be hanging somewhere in one of the offices and not before any of the committees? If there are any difficulties, let me know. Is there any other Member? Hon. Gatobu? That must be your height! Is that not so?
Thank you, Hon. Speaker, I have an issue with the Labour and Social Welfare Committee but first, I want to congratulate them for the nice work, especially on the Anti-Doping Bill that we did yesterday. My issue was the Strategic Youth Industries Bill which I moved to the Committee last year. It was supposed to be considered by the Budget and Appropriations Committee (BAC) and by the Labour and Social Welfare Committee as well. We made progress with the BAC but, with the Labour and Social Welfare Committee, there has not been any feedback regarding the Bill. Thank you.
What is the title of the Bill?
“The Strategic Youth Industries Bill.”
Is it for the Labour and Social Welfare Committee because of “Industries” or because of “Youth?”
Because of “Youth”.
The Strategic Youth Industries Bill? Maybe, Hon. Were could tell us about that. What strategy has been employed in dealing with that Bill?
Hon. Speaker, I am surprised that the Hon. Member is asking this question in the House and yet, he is a member of the Committee. He could have raised this issue with the Committee, I am surprised that he is coming to raise it here in the House and he has not raised it in the Committee. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Gatobu, that can be dealt with like a house matter in your home. Since you are an active Member of the Committee, perhaps, you know the strategy being employed. Please, I encourage you to raise the matter with the entire Committee when you meet next. Let us have the Chairperson, Departmental Committee on Lands or a representative in title. Hon. Waweru.
Hon. Speaker, our Chairman got sick in the morning and he delegated that to me. Therefore, I will give the status report on the progress of work in the Departmental Committee on Lands. On Bills, first, we had the Community Land Bill which we prepared the report and was tabled on 14th October 2015. We had the Physical Planning Bill and Land Laws (Amendment) Bill on which all the reports were tabled in this House on 14th October, 2015. On the Community Land Bill, Second Reading was done on 1st March 2016 and Question put. The Committee Stage started on 17th March and is ongoing. The Physical Planning Bill was read for the Third Time on 16th December 2015. It was passed and forwarded to the Senate for consideration. The Land Laws (Amendment) Bill’s Second Reading was done on 9th March 2016. It continued to be deliberated and the Question was put yesterday. That is the progress as far as Bills are concerned. On petitions, we had a Petition from Twiga Farm evictees regarding the alleged eviction of over 600 families from the land. A report was tabled in this House on 11th November 2015. On Petition for residents of Masongaleni Ward, Kibwezi East Constituency regarding dispute of ownership of Tisya Primary School, Plot No. 280 Makueni Masongaleni Settlement Scheme, a report was tabled on 17th November, 2015. On Petition of residents of Pongwe Area, Lungalunga Constituency on eminent eviction from LR/No.1083, Shimoni Kwale, we visited the area and a report has been scheduled for consideration and adoption by the Committee. The report will be tabled in this House very soon. On Petition by Hon. Muthomi Njuki, MP regarding alleged grabbing of public land belonging to Chuka Township Primary School, a report was tabled in this House on 24th November, 2015 giving the recommendation and way forward. The Petition by residents of Kajiado West Constituency, inquiring into the compulsory acquisition of L.R. No. Ngong/Ngong1959, we are at deliberation point of the report and it will be tabled in this House very soon. On Petition by residents of Mavoko Constituency regarding alleged compulsory acquisition of land in Mavoko Constituency L.R. No.10029/2, the Report is ready for tabling and it will be brought to the House any time. On Petition by Hon. William Kisang, MP on behalf of Chebororwa Community in Marakwet West Constituency regarding the ceding of 1,800 acres of Chebororwa Agricultural Training Centre, the Report is ready for tabling anytime from now. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Well, the only unfortunate bit, which I do not blame you but the people who are in your secretariat, is that there is no need to report what has already been tabled because we want to know what is pending. That which has been tabled is already the property of the House and should be with the House Business Committee to prioritize for debate. It is impressing that you have tabled so many Reports. I see some intervention. Hon. Dalmas.
Hon. Speaker, I am sure you have noticed that, since the introduction of the status of business before committees, it is clear that the performance at the committee levels is lacking. The Committee work is so critical to the oversight and legislative roles of the House, but it seems we have accumulated so much work in our Committees. Even when a Committee has completed something, it takes the House so long before approval is granted so that implementation can be followed. This is an area of performance and productivity of the House that needs to be re- examined. In fact, there should be performance targets on the business that goes before the Committees and the time it takes for resolutions of the House so that they may be implemented. If it goes on like this, the House will adjourn next year with huge reports untouched and that will reflect on the performance of the 11th Parliament. This should be looked at by the House Business Committee so that we get better standards than what we are receiving now.
Well spoken, Hon. Dalmas. I appreciate what you have said. I think it is one of those carry-overs from the 10th Parliament. This has a bearing on, among others, the fact that there are those Bills which this House and the last one had to enact within certain time lines and they take precedence over everything. They take precedence over everything, especially if you take into account what has been reported from the Departmental Committee on Lands, and given the fact that there are quite a number of land-related Bills that the Committee has had to deal with, including holding several meetings with various stakeholders. One would really appreciate that given that kind of situation, certain business before that Committee was bound to suffer. That is not to say that Parliament should not debate those reports, as you have rightly pointed out. But it is within the powers of this House itself to decide whether it has capacity to look around to see whether we have Hon. Members to sit with a capacity beyond 10.00 p.m. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Speaker. I was thinking in those lines of Hon. Dalmas Otieno, considering there are reports especially from the Committee on Lands that had been put on the Order Paper last year. One of the reports affects my constituents. They had prepared a report, moved a Motion on the Floor of the House, put on the Order Paper, but it has been dropped consistently. That does not auger well for some of us because our people look at it and ask what is happening. Secondly, some of the statements that we seek from the Committee, for instance, last week part one, we had the Cabinet Secretary (CS) for Lands answering questions we had asked from this House. One of the recommendations in the answers that he gave was degazzetment of some of the irregularly acquired land by some of the Government Departments. They were asking the House to degazzette. I do not know how such reports can get their way into the House because this is a statement that a Member had requested. The Committee sat down with the CS and made recommendations for which the House is supposed to sort out.
The issue of land is emotive. Many Kenyans are affected either directly or indirectly and they look at this House in terms of coming up with a solution for a way forward as peoples’ representatives. When the Cabinet Secretary and the National Land Commission (NLC) give us The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Well, that is encouraging. Maybe, proposals will be made. Hon. Midiwo, did you have an intervention as well.
Very briefly Hon. Speaker. I was just amazed at the load of work that is being held by the Lands Committee, and that is lined up for consideration. I think they deserve applause. It is a lot of work. The Liaison Committee needs to do what we used to do. The Committees, given the amount of work they do, need to have the weight of the budget allocated to them. It needs to go as per the weight of work because I imagine a situation as we are today, there is a lot of “cannot do” or “cannot allow you to do because of funds”. There may be some of our Committees which are not handling sensitive issues like those of Lands Committee and wider mandate like the one of the Departmental Committee of Defence and Foreign Relations, where there are real issues, but there is constant assertion that there is no budget, which is true. We cannot create money where there is no money, but this Liaison Committee needs to re- examine itself.
We have about 14 to 15 months to elections. Most of the land issues listed before the Lands Committee have to do with communities. What Kenyans at the leadership level have not addressed themselves to is, because of these counties, there is a lot of war on community land. Most of these petitions are on boundaries. It is good for us to resolve them as we endeavour to have a peaceful election and the aftermath of it in the coming year.
Hon. Members, let us leave that matter. I opened it for you to make proposals on the sitting hours. Unless you suggest that we curtail debate, which is not also fair to the nature of businesses that may be before the House--- If we say that every business must be transacted within a different time-frame, that may not do justices to the nature of business. Sometimes, you find that there are Members who have prepared to contribute to certain debates so much that it will be very unfair to curtail debate, unless we adopt what happens in other jurisdictions. I have seen a recommendation by a certain Member that certain debates be undertaken at the County Hall Chamber, but I have also heard counter-arguments that Members want to debate where they think is their Chamber. It is trying to borrow a leaf from a practice obtained in the House of Commons that some certain business can be undertaken at a different chamber - the Commonwealth Hall - and then brought to the House for adoption. There are all manner of suggestions and I would encourage us to think outside the box. Let us not beholden that by 6.30 p.m. the House rises and people start making calls and booking tables in certain places to relax. If the majority of the membership of this House can agree that we can sit beyond 6.30 p.m., then that will be another way to address it. Looking at the requirement of the House in the new Constitution, my feeling is that we may have to think of extending the hours of sitting even if it ends up being three sittings. Let us not debate that because it is not the business. The rules we have to administer are your own. So, I wanted you to make a decision one way or another in the Next Order. Let the proposals come just as we have heard from Hon. Dalmas Otieno and I am sure we will have proposals from other Members. You must make the decision on the next one before we move on. Next Order! The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Speaker, I beg to move the following Procedural Motion:- THAT, pursuant to the provisions of Standing Order 30(3)(b), this House resolves to hold Morning Sittings on Thursdays commencing from 9.30 a.m. to 1.00 p.m. for purposes of Business before the House, as follows:- (i) Thursday, 14th April 2016; (ii) Thursday, 21st April 2016; (iii) Thursday, 28th April 2016; and (iv) Thursday, 5th May 2016. As we are all aware, the House resumed yesterday from the short recess and we only have 13 Sittings before we proceed on the long recess on 5th May 2016, in accordance with the Calendar of the National Assembly. We have several Bills and reports as it has been well put by Hon. Dalmas Otieno and other Members at various stages, with some having constitutional timelines and some whose timeline we have extended and we now have the last chance on 27th August, 2016. Owing to this and other important reports that require consideration of this House, the House Business Committee (HBC) last night in its sitting proposed Thursday morning sittings held for the specific dates I have just read out to the House to enable us to clear most of the constitutional Bills so that we can give an opportunity to the Senate to consider them in good time and make time for the mediation process in the event that we will require it so that we can beat the 27th August, 2016 deadline. The morning sittings starting tomorrow will help clear business schedule for this part of the Session. In the morning sittings, we will also consider pending Committee Reports, Sessional Papers No. 1 of 2016 regarding the Kenya Government guarantee on the proposed loan for the construction of the second container terminal phase 2 and a number of the other Senate Bills. Hon. Speaker, we are under obligation to make sure that we sit more time. I am sure that from the first, second, third and the fourth year, the 11th Parliament has done much workload than the 10th Parliament that I also served. The record is very clear in terms of the number of Bills that we have passed and assented to and the Committee reports. It is our obligation to serve the people of Kenya well because this is how we pay our electricity and water bills and fees for our children. Our business on Tuesday afternoon, Wednesday and Thursday is to sit here and serve the people who elected us to this august House. I kindly request Hon. Chris Wamalwa to second as a Member of the HBC. Before he seconds, I would like to point out that there is a ranking sitting in this House. There is a seat for the Leader of the Majority Party and the Leader of the Minority Party, but the Member of Kisumu Central, who according to the leadership records has been de-whipped from various Committees because of unbecoming behaviour within the coalition, now sits on the chair of the Leader of the Minority Party. We want your guidance because the screens are out there and people might think that he is now the Leader of the Minority Party. This might send a very wrong signal. In the absence of the Leader of the Minority Party, Hon. Jakoyo is supposed to sit there, but not Hon. Ken Obura. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
The Member for Kisumu Central, including all the other Members, is at liberty to occupy any seat they find empty. So, even the Member for Kibra is at liberty to occupy that seat. Hon. Wamalwa.
Thank you, Hon. Speaker. I rise to second this Procedural Motion. It is, indeed, true that the House workload is too much and within the short time frame we have, we need to create those Thursday Sittings. I would like to request Members to observe time because we do not usually have quorum in our morning Sittings, so that we can finish some of these constitutional Bills we have and some other Bills that are critical as far as election is concerned. Some of these Bills need to go to the Senate and we should try to clear them earlier so that we can send them to the Senate. Hon. Speaker, we have also realised that once we are done with some Bills, the Senate goes ahead to advertise and invite the same stakeholders in line with Article 118 of the Constitution. We should develop a mechanism that instead of the Senate repeating the work, whichever the Bill starts, we can have that report instead of wasting too much time and that is why we have a lot of delays as far as these Bills are concerned. I beg to second.
Very well. Your last proposal should also apply vice versa; mutatis
. The Members who are standing should take their seats.
Hon. Speaker, I beg to move the following Motion:- THAT, the thanks of the House be recorded for the exposition of public policy contained in the Address of His Excellency the President delivered on Thursday, 31st March 2016.
I laud the Speech given by the President during the Special Sitting of Parliament on 31st March 2016. He outlined the Government’s achievement in fulfilling certain constitutional requirements as elaborated in Article 10 of the Constitution, the state of our nation’s security in Article 240 and the Kenyan status in fulfilling her international treaty obligation as founded in Article 132 of our Constitution.
This is the third State of the Nation Address by the President. As this House sits this week to discuss the State of the Nation Address, we will do well to ask ourselves our individual and collective responsibility to the Constitution, which is the supreme law of the land. I am sure Members will agree with me that the President asked us to protect the national covenant. He also asked the Opposition to liberally criticise the Government’s agenda and provide alternatives. On the contrary, we have seen the Opposition thriving in side shows like whistle blowing.
The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Speaker. I only have five minutes to second this Address to this House and the nation by His Excellency the President. I will emphasise three key words he used. One, the President talked about “the covenant”. Two, he talked about “the nationhood” and three, “the nationalist covenant.” A covenant is a bond, contract, commitment, agreement, undertaking or a promise between several entities. His Excellency the President was reminding this nation that there was a covenant by the founding fathers of this nation that we need to reaffirm and keep alive as a nation. This covenant is what he termed as “the unity of intent.” That unity of intent is the one The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Members, before we commence, the Majority Whip raised that issue. It is just to remind you that on Wednesday, 20th February 2016, you passed, among several Motions, the following:- THAT, notwithstanding the provisions of Standing Order 97(4) and in furtherance to the provisions of Standing Order 24(6), debate on the Motion on the Address by the President shall be limited to no more than five minutes for each Member Speaking, 30 minutes for the Mover in moving and replying and 20 minutes for the Leader of Minority Party. That is one of the several Motions that you normally pass to guide debate. This is just to remind you. I am sure you are well aware, you remember it. Just in case you may have forgotten, that is what it is. Now, I give the chance to the Leader of the Minority Party who has his 20 minutes ably represented by Hon. Washington Jakoyo Midiwo.
Thank you, Hon. Speaker, for giving me a chance to put my two sense to the Speech of the President. I have been listening very keenly to the Leader of the Majority Party who sounded like he was giving a very different speech from the one given by the President. The The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
On a point of order, Hon. Speaker.
That is on a light touch, Naomi. Just relax. I am telling you about the state of the nation.
On a point of order, Hon. Speaker.
What is your point of order, Hon. Rasso?
Thank you very much, Hon. Speaker. I rise on the issue of Hon. Midiwo saying that the Jubilee Government is exercising exclusion and yet when Members from their side are included in Government, he says that there are no brains on this side. He should thank the President for including Members from his side of the divide.
Hon. Speaker, I understand. I know he does not want to listen to the true state of the nation. The true state of our nation is that our soldiers are in the land of Somalia without any defined mission. The true state of our nation is that our soldiers have been killed in The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Just a mere Bruce.
Just a mere Bruce.
Order, Members! Hon. Midiwo is doing very well without your comments. He does not need any wit to assist him.
Thank you, Hon. Speaker for protecting me. A Government which prides itself in knowing so much picked a man from the street and allowed him to manage a kitty of Kshs400 million when our youth are jobless. About 32 per cent of our youth do not have jobs. We then pass a budget of Kshs400 million and these guys just steal the money casually. I was shocked when the guy appeared before Parliament and said that he authorised the withdrawal of the money without the permission of the board. The Jubilee Government did not arrest him when he left Parliament.
That is the state of your nation. The true state of the nation is that banks are collapsing with our people’s money. Chase Bank has collapsed with thousands of depositors’ money including some people I know, but will not name because they are my friends.
The National Bank of Kenya, headed by some casual man called Munir, keeps the National Social Security Fund (NSSF) money which is our workers’ money. The true state of the nation is that, that bank is going south and nobody has salvaged the NSSF money. The true state of the nation is that some crooks are conniving to bring it down, so that they can get the Government share. That is the true state of our nation. The true state of the nation is that the Jubilee Government promised us laptops. Now they are saying that they are going to give kids in 100 schools per year some play gadgets. The Leader of the Majority Party very casually says that there were procurement hitches. How do you procure for four years? Is that a competent Government? That is the true state of our nation. The true state of our nation is that we had a budget of billions and we spent some money on the Greenfield Project to build a second runway at the Jomo Kenyatta International Airport. The true state of the nation is that it was cancelled without reason. The cancellation is going to cost the country Kshs25 billion. The true state of our nation is that that money will come from you, your grandchildren and my grandchildren. That is the true state of the nation. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Robert Pukose, you have five minutes. I hope you remember.
Yes. Hon. Speaker, I thank the Leader of the Majority Party for having moved this Motion on the State of the Nation Address by His Excellency the President. His Excellency the President gave us the State of the Nation Address and addressed many issues. On the issue of corruption, the President has tried to fix some of the major issues. When we talk about corruption, it is individual. It is not the Government. When people are given responsibilities within the Government, let us say, somebody is appointed as a Cabinet Secretary or as a Chair of the Youth Fund and decides to steal, it is that person. He is not stealing on behalf of the Government. The Jubilee Government has tried to give everybody an opportunity. During last year’s State of the Nation Address, the President sacked a third of his CSs. He also presented the list that he was given by the EACC. He does not do investigations. The President has given the necessary resources to the organs that conduct investigations like the EACC. It is this House that approved the Commission and it is this House that did not do the radical surgery on the EACC Secretariat. When you look at the list that was on social media about who has The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
On a point of order, Hon. Speaker.
Order, Members! Let me say this, let us debate with decorum. Everybody is at liberty. You are not pointing a finger at an individual. So, do not get jittery. That is not debate in the House. That could be in some other place not here. So, proceed. There is nothing wrong with that. I will give an extra minute. Hon. Kaluma, it is not that if you do not speak or if something is mentioned that you think is very bad, there is something out of order. It is for that reason I sat here. It is fair that you listened to what Hon. Midiwo was saying. He said that this Government is doing this or that. That is perfect. There is nothing out of order. That is why I did not allow anybody to interrupt because that is not out of order. So, even if somebody says that what you associate with has done this, he has not pointed a finger at Hon. Kaluma. There is nothing out of order. So just relax. All of you are going to have a chance. I will give you two extra minutes, so that we can restore order in this House. You know I have capacity to sit here for five or six hours. You know that. So, I want to ensure that there is order. Allow everybody a say. When you are out of order, I will tell you that you are out of order and ask you to withdraw it, but if you are not, please, let us learn to listen to one another.
Hon. Speaker, thank you for protecting me. When we talk about corruption, I think it touches on all sides, namely, the private sector, the ODM and the Jubilee side. An individual who is corrupt is corrupt as an individual. It is not the system. It is important that when we shout about corruption in the Jubilee side, we also, in the CORD side, should point out corrupt individuals. We are aware of public figures who have been mentioned in mega corruptions whether in CORD or Jubilee. On the Jubilee side, the President has cracked the whip, but what has happened on the CORD side? You still go to bed with the same fellows who are stealing or who are known to have stolen billions of money and made institutions to collapse.
The issue of Chase Bank that we are talking about is not about the Jubilee Government. We have not appointed anybody within the Chase Bank. Those are individuals who are corrupt. The internal borrowing was done by them. Directors of those institutions are carrying out crafty practices and making the institutions to collapse. When the President talks about public service, the officers are not appointed by the Jubilee. A public servant retires at the age of 60. Some of the officers were appointed during the NARC Government, some were appointed during the Coalition Government and some have been appointed by the Jubilee Government. We cannot tribalise and say that it is only two tribes that are continuously employed in the Government. The Public Service Commission is independent. It has no instructions to employ people from one or two communities. This is something that we have trivialised and it is aimed to isolate. It is a political gimmick that is aimed to isolate the Kalenjins and the Kikuyus on one side against the other people. I think we should not fall for these kinds of tricks.
Hon. Speaker, when people form governments, they expect a lot. The current Jubilee Government expects that people who supported it should be given positions of responsibilities, but this Government has also done more than that. It has given positions to people who did not The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Speaker, thank you for giving me this opportunity to make my remarks on the President’s Speech. Article 132 of the Constitution states that the President is expected, once every year, to report in address to the nation, on the measures taken and the progress made in the realisation of our national values. The nation consists of three elements, namely, population, Government and sovereignty. The speech by the President failed us as Kenyans because he just took this opportunity to narrate the Jubilee Government’s achievements and not the assessment of the health of the nation of Kenya. As the Head of State, he ought to have spoken about the failures, fears, pains, aspirations and the achievements of the Government. That would be two sided. However, he only mentioned the achievements and was just narrating them. In my view, he failed us by not looking at both sides of the coin. As has already been stated by Hon. Jakoyo Midiwo, he equally should have talked about the fears of the people of Kenya. Article 10(2) of the Constitution sets out the values and principles that are supposed to be shared by all. It states:- “The national values and principles of governance include— (a) patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people; (b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised; (c) good governance, integrity, transparency and accountability; and (d) sustainable development.” The President, by going back to the national covenant of 1963, in my view, takes away the principles of Article 10. It shows that the President does not give allegiance to Article 10 of the new Constitution of Kenya. Remember on 9th March, the Catholic Church reported in TheStandard Newspaper on Page Three that our nation is sick from poverty and graft.
This is what captures the hearts of many Kenyans. The President just enumerated the charitable acts that they give to a few individuals. In essence, those charitable acts should be done across. It should not be given to just a few individuals as stated in Article 43 on social and economic rights. That should be extended to everybody. In his Address, the President failed us in addressing issues of integrity, land reforms and climate change. Last year, the President categorically gave the EACC 60 days to report on the list of shame. Yes, it was done, but up to now what is the status? He should have given us a brief on that particular statement that he made. Other than the people that we know who have been taken to court, we do not know what else has been done. In my view, there is a lot of desperation in this country.
Let us have Hon. Joseph M’eruaki.
Thank you, Hon. Speaker. At times one wonders when people speak; they read and hear what they want. It is easy to trivialise very serious matters. The President in The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Let us have Hon. Robert Mbui.
Thank you, Hon. Speaker for this opportunity to make my contribution on this State of the Nation Address that was presented to this House by His Excellency the President. I have listened to comments by both sides and I think Members of my coalition have highly criticised the Speech by the President. What the President said is expected because he was given an opportunity to grade himself and present his grades to this House. Obviously, if you are given an opportunity to do that, you are likely to give yourself an “A” in everything. He gave himself an “A” in security, education, infrastructure, health, constitution implementation and in the fight against corruption. I want to The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. John Mbadi and the Leader of the Majority Party, you are certainly out of order. You cannot be talking across the aisle like that. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Speaker. Before I contribute, I wish to remind the Hon. Member who has just spoken from Kathiani that we are only aware of two retired Presidents. They are Moi and Mwai Kibaki. If, indeed, Raila Odinga and Kalonzo have retired, then we do not understand why there is opposition. They should appoint another candidate from the CORD side to vie in 2017, instead of asking for their retirement benefits and at the same time campaigning for the seat. Having said that, I wish to state that---
Hon. Onyango Oyoo, I have given instructions. Nobody should feel jittery about anything. You are free to speak your mind when you get a chance. I will add him one minute because you have interrupted. That is why I decided to stay here so that we can restore dignity and order in the House.
Thank you, Hon. Speaker. You know the truth is always bitter but let us stick to it. The fact is that all of us know that there will be no Government which will go down in history for having implemented many projects especially in the rural areas. Looking at the rural areas especially where I come from, I am aware that even in the opposition areas, the roads, which have never been done since God created this world now, have murram. At least, Wanjiku, Atieno and Chebet wherever they are have seen a road they never thought of seeing before they died.
I am aware that in my constituency alone there are areas where people are currently using a road which has murram, leave alone tarmac. These areas are Tendeno, Kiplokyi, Ewat, Kabisoi, Tilolwet, Mugut, Kipengwe, Kichawir, Kamachungwa, Lemotit, Kisabo, Kimaut, Kimugul, Kiletyen, Kisabu, Ng’atumek and Kiprengwe. I am also sure that Wajir, Homa Bay and Teso have seen roads done for the first time by the Jubilee Government. Therefore, it is totally misleading to tell the whole world that nothing is happening. Let us call a spade a spade. This is the only Government that will go down in history for having implemented devolution very well. This is despite the challenges, which at the end of the day, are created by the same people who are complaining. Let us look at the promise to give laptops. It is common knowledge to everybody here that our courts have become the biggest enemy of development in this country. They are not going to be an enemy of Jubilee Government alone if at all it happens. I am not sure whether it will happen in this Century or to any other Government which takes over power. The trend where the Judiciary is blocking everything the Government is doing is not helping. If you look at the laptops project, you will find that they went to court and blocked everything. Now, the Government has looked for a way of implementing it and that is innovation. On farming, though agriculture is devolved, I hear a lot of noise from governors. They have money but have failed to deliver even a single bag of fertilizer to farmers. The Jubilee Government through His Excellency the President has ensured that maize growing areas have subsidised fertiliser supplied at Kshs.1,800 consistently. Right now, in my constituency in a depot called “Kedowa” and “Kipkelion” there is enough fertilizer. I passed by on Monday and farmers are happy. That is the Government which we are saying is not working. When it comes to issues of electricity, every area including, Homa Bay, Kisumu, Mombasa and Malindi, this commodity has been supplied to every primary school not by any Government but Jubilee. I was surprised by Hon. Midiwo’s assertion that the people of Kapkatet are not happy with the stadium which is being constructed by Jubilee. This is the case and yet they were pretending that they were not coming to Kericho to campaign for ODM. They had The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
On a point of order, Hon. Speaker.
Hon. Onyonka, you can see that I am not interested. You are out of order!
But Hon. Speaker---
Hon. Onyonka, you cannot engage in an argument with me. Relax. When the chance comes for you to contribute, I will give you the Floor. Your name is very far down on the list of requests. Most likely, you will be contributing tomorrow. You will be given a chance.
Hon. Onyonka, you cannot engage in an argument. You are out of order! I have said that you should allow free expression from people on both sides of the House. Do not get excited about silly things.
But Hon. Speaker---
Hon. Onyonka, one more time and you will be out. I have said that I do not want anybody to get excited, except if you point an accusing finger at a Member, you will be expected to substantiate or withdraw and apologise. But if you are just talking about this Government or the Opposition, that is not something we should entertain. We have only five minutes to allow everybody to contribute. Say what you have to say, so that another Member will get an opportunity to debate it. Five minutes is a very short time. That is the rule. Hon. Nyikal, you have the Floor.
Thank you, Hon. Speaker for giving me the opportunity to contribute to this debate. The constitutional tenets of the State of the Nation Address are Articles 10, 132 and 210. Specifically, Article 10(2)(b) talks about non-discrimination and inclusiveness. One of the biggest problems in this country is tribalism. Article 10(2)(c) talks about integrity, which touches on corruption. Article 240 talks about State security. The President covered all these areas but there are two fundamental flaws on his Address. Firstly, there is a lot of lamentation and you expect the President to give direction. For example, on the issue of devolution, the President lamented how the governors are not using the money voted for them. Secondly, where the President gave results, he gave results of processes you cannot prove they touch on people’s lives. I will demonstrate this. When he talked about nationhood and recovery from 2007, how can you recover from 2007 and bring nationhood if up to now there is no effort to find out who killed who? The International Criminal Court (ICC) has exonerated everybody and we still want to pull out. He talked about nationalists covenant and said that it is sacred. I agree, it is sacred. There is absolutely nowhere in the statement where the President says how you can achieve this sacred thing of nationalists covenant. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Your time is up! Yes, Hon. Yusuf Chanzu.
Thank you, Hon. Speaker for giving me the opportunity to support the President’s Address. What we are referring to is a constitutional requirement that the President was trying to fulfil. There was no other option. He had to say what he said, which can guide what we are supposed to do. To talk about perfection does not make sense. I just want to correct one of my colleagues who said that the school fees being paid by Government is discriminative. It started with free primary and secondary education during the previous regime. The Government paid across the board. In fact, it is the responsibility of the Government to pay. It is not something that we should be arguing about and saying that it is discriminatory or not. The roads that are being done are being used by everybody. The presidency is a symbol of unity. We should start from there. Some people talk too much and yet the money in their pockets does not have their fathers’ pictures. This is the case and yet they cannot throw that money away. The best thing for us is to try and forge forward so that we can develop. On a statement like this one, there is no point of being hypocritical. We talk about this, but we are still enjoying the same. We want our children to go to school. What we should be doing is to ensure that the money that goes down to the counties is used properly. As leaders, we should help the Government to implement these programmes. We cannot continue fighting the top. I know Members from constituencies will agree with me that for the last three years, you cannot even find a toilet or a classroom constructed by money allocated to counties by Members of Parliament. In my county, it is very difficult to see anything done by the county government. In fact, the other day we constructed a health centre using money from Constituencies Development Fund (CDF) and some people from the county went to take photographs which The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Ababu Namwamba, you have the Floor.
Thank you, Hon. Speaker. I want to join His Excellency the President in applauding our soldiers who continue to put their lives on the line to secure the territorial integrity of our nation and to ensure the safety of all of us. As leaders, we ought to show great appreciation to these gallant sons and daughters of our land. Having said that, I listened to the President and he asked us as the Opposition to critique his performance in a manner that is objective, sensible and that is absolutely acceptable. If we were to criticise in a manner that pleases him so that wherever he sits he is happy with our criticisms, then there would be something fundamentally wrong with us as the Opposition because we cannot be in the business of pleasing the President. We are in the business of making sure that the manner in which the President governs this country is ultimately and absolutely in the best interest of the people. In doing so, we will definitely raise certain issues that will make the President uncomfortable. I would like to urge His Excellency the President to learn to live with his criticisms. When he was the Leader of the Opposition, he stood in this Chamber and described the former President, Mwai Kibaki in the following words “hear nothing, see nothing and feel nothing". I do not believe that President Uhuru meant then as the Leader of the Opposition that Kibaki had no ears, eyes or sense of feeling. It was a manner of expression to send a clear message that the Government of President Kibaki then was unresponsive to the needs of the people. That is what we want to tell the President today. One, the President must be held accountable for his choice of words because he talked about a covenant, national spirit and action but he proceeded immediately to violate each of those tenets. He forgot that he was addressing this House in terms of Articles 132 and 10 of the Constitution that set the parameters within which he must address this House. The proper interpretation of those provisions of the Constitution mean that this Address is not supposed to be about the Jubilee scorecard but one that should tell us the state of our nation, not only informing us of the areas we are doing well but also reminding us the monumental challenge that we face so that we can rally together to confront these challenges. On that score, the President The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Ali Rasso, you have the Floor.
Thank you, Hon. Speaker for this opportunity. I would like to applaud the Presidential Address to the nation given on the Floor of this House. As leaders in this House and elsewhere, if we want to lead, we must accept to be led. That must be the spirit of this nation. I want to salute our soldiers in Somalia, those in the streets of all our cities and towns and those who are in the field all over putting their lives on the line to protect us. It was callous on the part of one of our colleagues to refuse to stand up to honour our soldiers only to be told by the President. It was lack of leadership on his side. On security, the Jubilee Administration is not perfect but they are doing their best and it is one Government that has put in a lot of resources and manpower to ensure that Kenya is secure. For instance, all the chiefs in my constituency have motorbikes that enable them access all their locations and sub-locations.
All police stations around the country have motor vehicles today. If you talked to police officers or reported a crime before, more often you were told to give them your vehicle or fuel their vehicle. Jubilee Government has put that to rest. It is fair to place credit where it is worth placing. The President of the United States of America (USA), John Kennedy, in 1961 in his Union of the State Address told his citizens one important thing. He said: “Ask not what my country has done for me but ask what I can do for my country.” When the President talked about nationalism, nationhood and patriotism, he was telling us or this nation that we must be one nation and one people. Hon. Speaker, I represent Saku Constituency in Marsabit which is almost 800 kilometres from Nairobi. It used to take me two days to get to Marsabit. It takes me eight hours today because the road from Nairobi to Marsabit town was tarmacked under the Jubilee Administration.
The President of the Republic of Kenya is Uhuru Kenyatta but the presidency is an institution. It is not an individual. If there is any President in this country who has attempted to bring Kenyans together, it is President Uhuru Kenyatta.
Finally, when Hon. Jakoyo Midiwo was speaking in this House, he did not talk about devolution. It was a missed step. Devolution is a milestone that has happened in Kenya. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. John Waiganjo, take the Floor.
Thank you, Hon. Speaker. I also wish to thank the President of the Republic of Kenya for carrying out his duty and mandate to come to the House and give us a national Address in line with Article 10 of the Constitution on national values, principles of governance and Article 132 of the Constitution which is the functions of the presidency. It was a little disheartening when the President came to carry out his constitutional mandate as would be expected by both divide of this House and the Members on the Minority side chose to put him under extreme pressure by whistling and interrupting his speech. I want to thank the President because he remained calm, smiled and was absolutely very presidential. It is unfortunate that my good friend and brother, Hon. Opiyo Wandayi, is now herding cattle in Ugunja. I do not know how that helps his constituents but the truth is that a section of the membership of the Opposition on that day put the entire Opposition to shame.
Having said that, I wish to say that I really appreciate the President’s Speech especially the way he linked the state of the devolution with accountability. He acknowledged that having successfully implemented devolution which is a new governance structure, accountability came into sharp focus because we are devolving a lot of money to the counties. We also seem to have devolved corruption. It is interesting how the President captured corruption. He gave us an overview of how his administration has been putting more investments to fight corruption. Indeed, it is true we have about 360 corruption cases pending in our courts. Most of those cases are not for ordinary Kenyans but for Cabinet Secretaries (CSs), former CSs, Principal Secretaries, governors and Chief Executive Officers (CEOs) of parastatals. A third of the President’s Cabinet that he started with has stepped aside. On the other hand, the President’s own Cabinet was cannibalised by corruption. He said that it was very painful for him but he took that step. This is unprecedented.
I do not get the point of Hon. Midiwo when he says that as long as the secretariat of the Ethics and Anti-Corruption Commission (EACC) is in place, then we have no business saying that we are fighting corruption. I do not see any relationship between the fight against corruption and Mr. Halakhe and Mr. Mubea. It is unfair to the two individuals to be subjected to such allegations every time we talk about corruption. The President enumerated what his Government is doing to fight corruption. We must always remember that corruption is not a Government preserve. It is about me and you. In fact, I can challenge the membership of this House for anyone to tell us that he has never corrupted. For a fact, 99.9 per cent or all of us have ever indulged in corruption. I bribed a police officer when I was overspeeding. If you tell me that anyone has the moral authority to point a finger against the other or an institution, he would be lying. Therefore, I agree completely with the President when he says that his Government has invested Kshs1.6 billion for interagencies to fight corruption. The Chief Justice and the Director of Public Prosecutions (DPP) have employed 90 state counsels to fight corruption.
I like what the President said about the media. He said: “The media shines light on the misdeeds that must be laid bare to the public. It sings the songs of praise that galvanise our nation during times of victory.” He reminds the media that they are powerful and power comes with responsibility. So, Article 34 of the Constitution will shine light to this House.
I thank the President and support his speech. Thank you, Hon. Speaker.
Yes, Hon. Christine Ombaka.
Thank you, Hon. Speaker for giving me this opportunity to contribute. First, I want to say that the speech of the President is full of flowery and religious The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Stephen Karani, you have the Floor.
Thank you, Hon. Speaker. I also rise to support the State of the Nation address by His Excellency the President. Before I give my contributions, I want to comment on what has been said by other speakers who have spoken before me. The Deputy Leader of the Minority Party insinuated that only two tribes occupy majority of the posts in the Government. I want to make it very clear that the Jubilee Government inherited the Civil Service. In fact, they have recruited people in very few posts, like the Cabinet, the Principal Secretaries (PSs) and the ambassadors. Most of the employment is done by county governments and the CORD has a The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Bady Twalib, take the Floor.
Asante sana, Mhe. Spika kwa kunipatia fursa hii nichangia Hotuba ya Rais. Kwanza, ninawapongeza wanajeshi wetu wa Kenya ambao wako Somalia wakifanya kazi na kuona kuwa nchi hiyo imetulia kama nchi yetu ya Kenya. Kabla ya kuchangia yale ambayo Rais alisema juzi, ningependa kurudi nyuma kidogo katika hotuba ambayo aliitoa mwaka jana akisema kuwa ataweka Kshs10 bilioni kuwalipa watu ambao walifanyiwa dhuluma za kihistoria. Ninakumbuka mwaka huo tulichangia Hotuba ya Rais na tukasema kuwa jambo hilo halitawezekana. Nilipata fursa ya kuzungumza na kusema kuwa badala ya kuweka Kshs10 bilioni kwa watu ambao wamedhulumiwa kihistoria, afadhali pesa hizo zingewekewa mabalozi wetu ambao wako kule mitaani wakifanya kazi ngumu. Mabalozi hawakupata kitu na pia wale waliopata dhuluma za kihistoria hawakupata kitu. Katika Hotuba yake, Rais amezungumzia kuhusu mradi mkubwa wa Standard Gauge Railway. Mradi huu unapita katika eneo langu la Miritini. Miradi hii lazima ije na faida. Faida kubwa inapaswa kumgusa yule mwananchi ambaye yuko pale chini. Katika eneo la Maganda ambapo mradi huo unapita, kuna mtu anaitwa Mzee Sombo ambaye mpaka sasa hajalipwa pesa zake. Pia, Salim Said katika eneo la Maganda hajalipwa pesa zake mpaka sasa. Watu ambao wanalipwa kutokana na mradi huu wanapigiwa hesabu ya nyumba lakini hawapigiwi hesabu ya ardhi. Kama ilivyozungumzwa na Rais, mradi huu utaleta faida lakini wakazi hawajaona faida yake katika makazi ambayo wananchi wanaishi. Watu hawa wamekuwa wakiishi pale wakijua kuwa kuja kwa mradi huu kutawasaidia. Kwa hivyo, tunataka tuangalie mambo kama haya. Serikali ya Kenya inapaswa kujua kuwa watu ambao walikuwa wanaishi pale miaka yote ni wananchi ambao lazima maslahi yao yaangaliwe ili waishi maisha mazuri zaidi kushinda yale ambayo walikuwa wanaishi mwanzo. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Francis Kilonzo.
Thank you, Hon. Speaker. I rise to also support the President’s Speech which touched on many areas of our economy and development. I would like to comment on two particular areas. One, by the end of the 2016/2017 Financial Year, the Government will have sent to our counties money to the tune of Kshs1 trillion. At the end of the same year, the Government would have sent Kshs87 billion to our constituencies. By now, if you go to our constituencies, you will only see what is being done through the National Government Constituencies Development Fund (NGCDF); you do not see much of what the billions of shillings being sent to our counties has done. As a country, we are talking about corruption in the national Government and yet there is corruption in the counties controlled by either side of the political divide. It is only fair that we confront this issue of corruption. If there is no development being realised and yet billions of shillings are being sent to our counties, then something is terribly wrong. Sometimes I wonder when I hear we want to promote cohesion and yet I have seen one side of the political divide organise and take their governors to Europe or America while others are left here. I am privy to the fact that whenever the Head of State is travelling out of this country – I have never had the privilege to travel with him – Members from both sides of the political divide form part of his delegation. To promote national cohesion, I think it is only fair that we treat all parts of this country equally and carry everyone along. Two, the President’s Speech was balanced. However, in Yatta Constituency something good is happening. The famous Yatta Canal, which was done before Independence, is currently being rehabilitated at a tune of billions of shillings. It has provided employment opportunities to so many young people and enabled agricultural activities. It is courtesy for the Government and I think this should have also formed part of the President’s Speech. There are also other national projects in that region, like Yatta Dam, Thwake Dam, Konza Tehno City and Kibwezi-Kitui- Mwingi-Tseikuru-Tharaka Nithi Road. I thought these projects should have formed part of the President’s Speech. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
I will give this chance to Hon. Ferdinand Wanyonyi.
Thank you, Hon. Speaker, for the chance. First of all, I want to thank the President’s speechwriter. He wrote a very flowery speech. I sat hear listening to what the President was talking about; it was very flowery. However, compared to what we heard last year, I was a very disappointed person. One, I expected the President to talk about the Eurobond, which has been talked about many times. The President never talked about it. You and I as Kenyans expected the President to say something about the Eurobond because it is such an important issue that we talk about every day. In fact, during the Kibaki’s time we never had anybody talking about the World Bank or the International Monetary Fund (IMF); it is just during Uhuru’s time that we hear of such. What happened? The technocrats who were at the Central Bank of Kenya (CBK) and the National Treasury are the same people who are still in office. So, what is happening? As somebody mentioned, our grandchildren are going to suffer paying back that money because it is not free. Today, under the Jubilee rule, Kenya is rated the third most corrupt country in the whole world. I do not understand what has happened. When you travel out of the country, you almost want to hide your passport because people will say: “This person is from a very corrupt country”. This Government should improve the image of this country so that when you go out you are proud of your country. Somebody was telling me today while travelling from Mombasa that he does not know whether to present the East African passport or the Kenyan passport. This is because when he presents the Kenyan passport, he is seen as coming from the most corrupt country. I am a very disappointed person. Thirdly, I want to give credit where it is due. Uhuru has done very well to implement what the NARC Government started like the SGR from Mombasa. He cannot say he is the one who came up with the idea; he is just implementing it. At the end of the day, I can give Uhuru a C- (minus) for what he has done. I expected the President to tell us the challenges he is facing. The Speech was just flat and flowery. I am a very disappointed Kenyan because I expected the President to tell us the hurdles along the way. Lastly but not least, he talked about unity. I agree that we should work as a team. Let us not talk about tribes or parties. Let us work for the benefit of future generations. He tried to talk about it and that is why I have given him a C- (Minus). As far as I am concerned, the State of the Nation Address was not adequate. I was disappointed. I look forward to a better Address next year, before the next general election. That is all I have to say.
Hon. Alois Lentoimaga, take the Floor.
Thank you, Hon. Speaker for giving me this opportunity. I rise to support the Address by the President. I applaud the President. When he was giving the State of the Nation Address, there was a lot of confusion and noise in the House but he was very calm. He displayed a very mature and a The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Yes, Hon. Onyango Oyoo.
Thank you very much, Hon. Speaker for giving me this opportunity to add my voice on the President’s Speech during the State of the Nation Address. From the outset, I want to thank His Excellency for honouring a constitutional obligation by coming to Parliament to give this much expected Speech. I also want to express my dissatisfaction with the way his handlers cobbled up the statement because this noble day was meant for the President to come and give us the details of the actual state of the country. The actual state of the country was not limited to the Jubilee achievements. It was also meant for him to come and express to us the actual position. On the economic state, we wanted the President to come and tell us more about the much touted Eurobond so that we could leave here, go out and whoever we interact with we tell them The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Speaker for this opportunity to comment on the President’s Address. I want to commend the President for his composure during that delivery despite the fact that some of us attempted to disrupt the Speech, which I thought was not in good order. This is especially when we have very senior Members of some political parties involved, who should be leading by example. He behaved like a true statesman and that should continue. Being a professional teacher, I can easily mark the Jubilee Government’s accomplishments and give a proper score. I am the best person to do that. The Jubilee The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Let us have Hon. George Omondi.
Hon. Speaker, from the outset, I am not here to say that His Excellency the President did a bad thing to enumerate his achievements. That was quite in order but what is disturbing me is that the President talked as if he was talking to visitors or people who do not know the bad things happening in our economy. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Peter Mwangi, you have 15 seconds.
Thank you, Hon. Speaker, for giving me this chance to contribute to the Presidential Speech on the Stata of the Nation. First of all, I would like to thank you for the exemplary work you did that day when some of us tried to disrupt the business of the House. It was a very big shame for the whole House though you were able to control everything.
Hon. Speaker, I would like to, first of all, ask those who are saying that there is nothing that has been done that and yet we, as Members of Parliament, have been receiving funds from the KeRRA and the NGCDF. When you say that there is nothing which is being done, where do you take your funds? It is good for us to speak the truth because if there is something that has been done in your constituency through KeRRA or through the CDF, note that, that has been done through the Jubilee Government.
Hon. Members, the time is now 6.30 p.m. The House stands adjourned till Thursday, 14th April, 2016, at 9.30 a.m. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.