Order, hon. Senators! We need to determine if we have a quorum. Mr. Clerk, do we have a quorum?
We have a quorum, Mr. Speaker, Sir.
In that case, let us proceed.
Hon. Senators, it is with a very heavy heart that I regret to announce the demise of our dear colleague, Sen. Mutula Kilonzo, who passed away on Saturday, 27th April, 2013, at his rural home in Maanzoni, Machakos County. Sen. Kilonzo was born on 22nd July, 1948 in Woyani Village in Mbooni, Makueni County. The late Senator was educated at Mbooni DEB Intermediate School and Machakos High School before joining the University of Dar-es-Salaam in 1969 where he graduated with a first class honors degree in Law in 1974. He became an advocate of the High Court of Kenya in 1975 after which he established Kilonzo and Company Advocates in 1976. In 1983, he was elected Chairman of the Law Society of Kenya, a position he held until 1985. He was appointed Senior Counsel of Kenya in 2003. Hon. Senators, the late Sen. Kilonzo made his debut in Parliament as a Nominated hon. Member in 2003 and served in that position until December, 2007. During the December, 2007 General Elections, the late Sen. Kilonzo was elected hon. Member for Mbooni Constituency and served in that position until January, 2013 when the term of the Tenth Parliament came to an end. The late Senator Kilonzo was appointed Minister for Nairobi Metropolitan Development in April, 2008, a position he held until 4th May, 2009, when he was The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order, Mr. Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
What is it, Sen. (Dr.) Khalwale?
Mr. Speaker, Sir, I rise under Standing Order No.1 to request that you consider giving a few hon. Senators, who might so wish, at least three minutes to formally send condolences to the family of our departed colleague.
That is in order, Sen.(Dr.) Khalwale. We thought it even better. There is an adjournment Motion coming up shortly, which we will use as an opportunity for hon. Senators to condole the family during this particular sitting. Shortly, we shall get to that Motion.
Mr. Speaker, Sir, I rise to give notice of the following Motion:- THAT, aware that during the first years after independence the best equipped public schools were established in certain regions of Kenya to the exclusion of other regions, resulting in such regions having undue advantage in producing educated manpower; appreciating that the introduction of the devolved system of Government in the Constitution of Kenya, 2010 was aimed at achieving equalization of development and other opportunities, including education across the country; noting that the Government has lately embarked on establishing more public universities in the country and further concerned that the majority of the public universities are currently concentrated in a few regions of the country to the exclusion of the rest of the country; the Senate urges the Government to take urgent and immediate steps to ensure that there is equitable distribution of universities in the country and to ensure that at least one public university is established in every county in Kenya before the expiry of the term of the current Government.
On a point of order, Mr. Speaker, Sir.
What is it, Sen. Kiraitu Murungi?
Mr. Speaker, Sir, I rise on a point of order to seek a procedural clarification from you. On the Order Paper, the Motion is indicated in brackets as follows: (Sen.(Dr.) Khalwale) (Department of Education). During previous sittings of the National Assembly, for a Motion like this one, the Minister for Education would respond on behalf of the Government. After this Motion is successfully moved, who from the Government side will respond on behalf of the Department of Education?
(Sen.(Prof.) Kindiki: On a point of order, Mr. Speaker, Sir.
What is it, Senate Majority Leader?
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, is it in order to ask whether the Government is represented in this House when there is the Senate Majority Leader? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order, Mr. Speaker, Sir.
What is it, Sen. Wetangula?
Mr. Speaker, Sir, is it possible for the Chair to save us from this morass of confusion from the Majority side of the House? They do not seem to know what and who they represent!
Starting with the last remark by Sen. Wetangula, I cannot help; it is up to them to get their act together. However, hon. Senators know we adopted a purely presidential system. The Government does not sit in the House per se, but Parliament still has the responsibility of prosecuting Government Bills and business. The Standing Orders have provided for the Senate Majority Leader, the Deputy Senate Majority Leader, the Majority Chief Whip and the Deputy Majority Chief Whip on the Government side. Sen. Wetangula, you will also appreciate that Parliament is so balanced and fair. They have provided for the Senate Minority Leader, on your part. So, the Senate Majority Leader will handle Government business, or whoever they will designate from the Government side. Sen. Wetangula, I look forward to you prosecuting the opposition agenda in the Chamber. That is the position, and I am sure the hon. Sen. Murungi is advised.
On a point of order, Mr. Speaker, Sir.
What is it, Sen. Kiraitu?
Precisely, Mr. Speaker, Sir. This is the point I was drawing your attention to. The Motion should read: (Sen. (Dr.) Khalwale) (Senate Majority Leader). It should not read (Department of Education).
Sen. Murungi, you have a point. We expect the Senate Majority Leader to handle business on behalf of Government as earlier intimated-- -
Mr. Speaker, Sir, we cannot hear you---
Sen. Murungi, I am saying you are right to the extent that the Chair expects the Senate Majority Leader to handle Government business in the House. But it has also been pointed out to me, being specific as Sen.(Dr.) Khalwale to the Department of Education, that gives the Senate Majority Leader an opportunity to designate an hon. Senator to be in charge of that kind of portfolio. The Senate Majority Leader should be at liberty either to respond himself or assign any other hon. Senator from the Government side, of course, to that particular responsibility. Indeed, the Chair of the Committee on Education, Information and Technology can also respond to that Motion. So, our system is more flexible than it was previously. It gives the Senate Majority Leader a lot of leeway. Of course, the House expects whatever proceedings, recommendations and resolutions are made, that it is the responsibility of the Senate Majority Leader to ensure that is communicated to Government.
On a point of order, Mr. Speaker, Sir.
What is it, Sen.(Dr.) Khalwale?
Mr. Speaker, Sir, I want to agree with you on what you have just said. But I would like you to substantiate what you mean when you say that the Senate Majority Leader may assign the responsibility to any other hon. Senator or a Chair The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Order, Sen. Khalwale! You cannot require the Chair to substantiate, he only gives orders and rulings. So, I have nothing to substantiate. However, I appreciate where you are coming from, that you need a clarification, which I thought was too obvious. In the unlikely event that the Chair of that particular Committee does not come from the Government side, of course, I do not expect the Senate Majority Leader to assign that responsibility to that particular Chair. That is where the responsibility still lies with the Senate Majority Leader or his designated Senator. It is the designated Senator who could have been the Chair of the Committee if the Chair happened to come from the Majority Party. I hope it is clearer now.
On a point of order, Mr. Speaker, Sir. On today’s Order Paper, the last page, there is a schedule of election of committee Chairpersons that has been attached. To the best of my knowledge, we received information from the Office of the Clerk that the timetable had been changed. Would I be in order to seek your guidance?
Sen. Dr. Machage, my Order Paper does not have any other business apart from the Motion. In any case, following the point of order by Sen. (Dr.) Khalwale in terms of the communications I read – I had indicated that the Senate Leader of Majority would be moving a Motion for Adjournment of the House – this is the time to do it. That Motion will respond to some of the issues you are soliciting from the Chair in terms of elections of the Committees.
Mr. Speaker, Sir, this is a learning process and we should ask the Clerk to avoid repeating this in future. If the second one-page Order Paper was supposed to be supplementary, it should have been headed so because there was an earlier Order Paper. I believe this is a supplementary Order Paper that was circulated without being headed as such. More importantly; unless it escapes my mind, with regard to the Standing Orders, my long experience in Parliament, a Motion whose notice has not been given has never appeared in the Order Paper. This is because a Member gives Notice of Motion when the Order for Notices of Motions is called out. It is from there that it is goes to the House Business Committee for balloting to be allocated time to be brought to the House. However, today, we are seeing hon. (Dr.) Khalwale giving Notice of Motion and this is appearing on the Order Paper, something that is highly irregular and unusual. Unless the new Standing Orders say something different----
Mr. Speaker, Sir, I have served in the House Business Committee for five years and I am aware that when a matter is brought to the House Business Committee and is balloted, it does not always find itself to the House. The point raised by hon. Wetangula is very important because at this stage, it is assumed that my Motion went through the Rules and Business Committee and the Committee balloted and put it in the Order Paper. You cannot put in the Order Paper a Motion which has not been balloted by the Rules and Business Committee. So, maybe as The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, there seems to be a lot of confusion here. As my colleague, Sen. (Dr.) Khalwale said, we used to be together in the House Business Committee. The two papers that have been produced here are one; the programme of the Senate for the week. If you look at the first one and try to separate, this one deals with the Motion that notice has just been given by Sen. (Dr.) Khalwale. The other one is about business that will start on 2nd May which is the day after tomorrow. This is just a clarification to show that the attached document which reads Thursday, 2nd May, 2013 is not the business of the day. We should pick this up from there.
When you talk about the one for May, which document are you referring to?
Mr. Speaker, Sir, there are two documents. There is one single piece of paper showing the order of the day and another one which has the programme of the Senate.
That one is called the Programme of Senate Business.
Exactly! That is where the confusion is coming in because the second piece of paper starts with issues relating to 2nd May, 2013. This is just a clarification.
Order, hon. Senators! I think you should be having two documents. One is the document that Sen. (Dr.) Machage brought to the Table, which is the Programme of Senate Business. That is the one that on page four has a list of committees and their schedules on the elections of their Chairpersons. I am reading the document brought by Sen. (Dr.) Machage. Therefore, for his information and for the information of everybody else, that is not the Order Paper.
What is it?
This is the Weekly Programme of the Senate. The Order Paper is of a particular day when we are transacting business. The Weekly Programme is headed; The Weekly Programme Commencing Tuesday, April 30th, 2013. The Order Paper is in bold and bigger than the other one. I do not think that anyone requires magnifying glasses. This one reads; The Order Paper, Tuesday, April, 30th at 2.30 pm. That is the one that Sen. Wetangula was speaking to after we went through all the Orders and called out Order No.8, where we got stuck with points of order. I think it is now very clear that we have two documents. There is the Weekly Programme and we also have the Order Paper. With a bit of reading, that clarification will be made. I think I am speaking, not only to Sen. (Dr.) Machage but also to Sen. Muthama. That leaves me with the issue of Motions. In this case, the Speaker had approved Sen. (Dr.) Khalwale’s Motion. The Speaker’s directive should also appear in today’s Order Paper. Due to the circumstances arising from the Communication I made earlier, if Sen. Wetangula is still worried by issues raised by Sen. (Dr.) Khalwale, he will have another day to consult him. Sen. (Prof.) Kindiki, may be if you actually proceed, the Senators would not be raising these kinds of points of orders. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to move the following Motion:- THAT pursuant to Standing Order Nos.28(4), 31(1) and.50(b), and notwithstanding the provisions of Standing Order No.30, following the sudden demise of Sen. Mutula Kilonzo and the need for the Senate to condole the family; further cognizant that membership of the Senate Committees was approved on 25th April, 2013; noting further that pursuant to Standing Order No.181(1), the Committees are expected to conduct elections for chairpersons within seven days from the date of approval by the Senate, Thursday 2nd May, 2013, being the final day and the day set aside for elections, the Senate resolves to adjourn until Tuesday, 7th May, 2013 at 2.30 p.m. Mr. Speaker, Sir, this Motion addresses two things; the first one is the demise of our colleague and friend, the Late Mutula Kilonzo, Senator for Makueni County. This death has shocked the entire country but more critically, it has shocked us, as the Senate because it came at a time when we were expecting so much from each one of us, especially from Sen. Mutula Kilonzo, who is no longer with us. Mr. Speaker, Sir, Sen. Mutula Kilonzo, I am sure he is known to all of us as a great lawyer, a lawyer of unparalleled brilliance in my estimation, the lawyer who possessed almost all the qualities that you expect to see in a great lawyer. Not only was he brilliant but he was also a very quick thinker, a frank person and a person of very strong views and ideals. Sen. Mutula Kilonzo has been a Minister for our country and has done a great job as the Minister for Justice, National Cohesion and Constitutional Affairs. He goes with the credit of having been the Minister when Kenya got the current Constitution which created this Chamber, among other things. He has been our Minister for Education and as a Minister, he represented our Government and our country well. The late Mutula Kilonzo retained a very close working relationship with the legal profession to which I and a few other hon. Senators here belong. He was a senior counsel, one of the few senior counsel we have in our country. Therefore, this loss affects not just this House, not just the Government or the people of Makueni who elected him overwhelmingly, but it affects the country as a whole. Mr. Speaker, Sir, the Late Mutula Kilonzo was also known to be a very committed family person and an effective legislator because of the skills from the legal profession. It is because of these reasons that we feel that the Senators this afternoon should be given an opportunity so that as many as would like just to say a few things in terms of condoling with the family of Mutula Kilonzo. Perhaps at some point, we will travel together to go and visit the family and condole with them. This is the first rationale for this Motion of Adjournment. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I beg to second this Motion. Mr. Speaker, Sir, on the second limb of the Motion, on the elections of Chairpersons of Committees, I will say very little. Hon. Senators know that we have several Committees with overlapping memberships. Ordinarily, one would have said that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Hon. Senators, we will limit this debate to five minutes per contributor to allow everybody to contribute. Although that request came from Sen. Wetangula who had just finished his contribution, usually you are not allowed to make a recommendation especially when you have done your bit.
Mr. Speaker, Sir, I rise to support this Motion. As far as the issue of the elections of Chairpersons of Committees is concerned, that is a house keeping matter which is straightforward and I support. I would like to use this opportunity on my behalf, on behalf of my family and the people of Kakamega County to send my heartfelt condolences to the family of this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Thank you, Mr. Speaker, Sir. I thank you for the opportunity. I think you gave me the chance to speak at the right time because if there is one person who knew Mutula, a close friend of his, who understood him very well, I do not think I would have been the tenth one; I would have been between number one and five. Mr. Speaker, Sir, what happened – I wish to say this with a lot of pain – on Saturday, I was to hold a meeting at Maanzoni which is 10 kilometres away from Mutula’s home, where he passed away. At around 11.05 a.m., I received a written note telling me that I should immediately go to Mutula’s house. Before I had asked why my phone was brought to me by my Personal Assistant and somebody mentioned to me that probably Mutula was not alive, he may have passed away four hours ago. I took off to his house where I found his son and his brother in-law. I know a lot of things have been said and, more so, the 411 news service messages which have been going out, especially this morning. We went inside the house, we found The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Your time is up!
Sen. Mutula, rest in peace!
Bw. Spika, Waheshimiwa Maseneta wenzangu, nina masikitiko kwa sababu ni mara yangu ya kwanza kusimama mbele yenu na ninasimama kwa ajili ya rambirambi za kifo. Sikutarajia kusimama hapa mara yangu ya kwanza kutoa rambirambi. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Thank you Mr. Speaker, Sir. The late Sen. Mutula Kilonzo befits in every description of the words; “a fallen hero.” One of the greatest qualities of a true leader is bravery. The late Sen. Mutula Kilonzo had bravery in abundance. The Late Mutula Kilonzo was a Kenyan. It is hard for anyone to say that the Late Mutula Kilonzo had any party following. His virtues and what he stood for transcended any party lines. The Late Mutula Kilonzo was a Minister in this country. He was a Minister for Education and he cared for those young children and that means he was not caring for any children of any parties. He was a Minister for Justice, National Cohesion and Constitutional Affairs and when he dispensed justice in his own way, he did it for Kenyans. This time, the country is united in grief and this Senate is also united in grief. We grief for our fallen colleague! At this moment in time, the family of the Late Mutula Kilonzo requires more than anything, our understanding and our prayers. The favour that we would do in our best stride for the family and for the friends of our fallen colleague is to give them time and prayers. I would like to ask all our countrymen and women to avoid subjecting the family of our fallen colleague to any anguish using any speculations or pre-thoughts. We will be awaiting the results of the pathologists and doctors so that the reasons why our colleague fell would be known. If we can accord them the time to grief in peace and mourn their father and mentor, then we would have acted responsibly. Mr. Speaker, Sir, on behalf of the people of Kiambu, the county that I represent and on behalf of all Kenyans who believe that leadership transcends any other personal interests that we mourn Mutula Kilonzo, the Senator for Makueni and I wish to extend my condolences to the family of the Late Senator Mutula Kilonzo and also to the people of Makueni. I am sure that as his colleagues, we stand behind everything that he stood for. I am certain that his legacy will live on to change the lives of hundreds of Kenyans for a long time to come.
Mr. Speaker, Sir, I want to use this opportunity to condole with the family, friends and relatives of Sen. Mutula Kilonzo and especially to pass the condolences on behalf of the people of Homa Bay to the people of Makueni for the loss and grief that they have been going through due to the loss of their Senator and representative. May I say that for the first I went to Mr. Mutula Kilonzo’s office when he was still beginning and his office was still a small one, the first thing I saw on his wall, that made me go closer to watch was his certificate from the University of East Africa where they were classmates with the former Attorney-General where he got a first class in law. I went closer because there are few lawyers who got first class those days. It was not only given to you because of good marks but also because of good conduct. He was not only brilliant but also a man of good conduct. That is why the University honoured him with that degree. I know that later at my own time, in the University of Nairobi there The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Sen. Kajwang, your time is up!
Oh my! I have lost a friend.
Mr. Speaker, Sir, I stand here to condole with the family of a friend, colleague and somebody that I have known for very many years. Mr. Speaker, Sir, towards the end of 1978, I was admitted as an advocate of the High Court of Kenya. In early 1979, I opened my first office in Atlas House, what was The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I would also like to join my colleagues, the Senators, in mourning a good friend who has left us. I have worked with him both in Parliament and the Cabinet. Mr. Speaker, Sir, when I first started working with Sen. Kilonzo in Parliament and later in the Cabinet, I was always amazed by the clarity of his mind. He was a leader and not a follower. What other people did or thought did not deter him from offering leadership. For that, I dearly respect him. Especially with the Constitution, when things seemed like they were coming to a standstill, he was able to move the Constitution to conclusion. He also was very passionate in proposing the laws that would operationalize the Constitution. He is a man who will be remembered in this country as a great legislator and Cabinet Minister. That is why I really would like to appeal to our leaders not to politicize his death. We should not also tribalise the leadership of Mutula Kilonzo, because I do not think that he fits in the cocoon of a tribal leader. He was a national leader. There are things that I did not agree on with the late Mutula Kilonzo, but there are many things that I admired him for. For example, I do not see how the International Criminal Court (ICC) comes into this. My colleagues, I think that it is very bad to start emotionalizing this issue when we all, especially the family, feel the loss. It is belittling the figure of the late Senator. I believe that the reason a pathologist has even come from as far as London is so that we can know the truth. Everybody wants to know the truth. It is painful for the whole nation, so, please, let us not whip emotions of a certain region because that way, we are not contributing to or helping Mutula’s legacy in any way. Let us think of him as the big man that he has been; a Kenyan servant. We will definitely know the truth. If there are things that will not come out that some leaders know, it is good to report to the police so that it can be investigated fully. Let us leave the gossip to leaders whose occupation is maybe only to send those Short Message Services (SMSs) which are not true, but to whip people’s emotions. For example, one SMS said that the pathologist had been stopped at the airport. This is not true. We all remember the letter that was written to the President of the Supreme Court which, in the end, turned out to be lies which were meant to insult Kenyans. When a Kenyan’s life is in danger, we should report to the police so that it can be investigated. If anybody was in danger during the elections, they are over and now we are moving forward. Please do not draw this country backwards. Mr. Speaker, Sir, let us remember that that was a great leader who has served this country well; not a tribal leader but a great Kenyan. He served this country with distinction. I send my condolences to the family of Mutula; mama Nduku, the children and the relatives and pray to God that he gives them strength to go through this very difficult time. May his soul rest in eternal life! Thank you.
Mr. Speaker, Sir, thank you very much for giving me this opportunity to join my colleagues to express my deeply felt condolences to the family of the late Sen. Kilonzo, particularly his widow, Nduku, Mutula Junior, his daughter Kethi and other members of the family. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Sen. Orengo, your time is up!
Thank you, Mr. Speaker, Sir. On behalf of the people of Mombasa, I wish also to register our heartfelt condolences to the family of Mutula the former Senator for Makueni. He was my Minister at the Kenya National Commission on Human Rights (KNCHR) when he was in the Ministry of Justice National Cohesion and Constitutional Affairs. For that reason, I will recollect some of our great moments when he was in that Ministry. I will share in what Sen. Orengo has just said that in Mutula we had a man who aspired to do the right thing. In this country, many of us must continue to aspire for that noble goal. He was an inspiration to many. I cannot call him a friend or a compatriot because he has children like Ms. Kethi and Mutula Kilonzo Junior who are about my age mates. He could have been my father. I think Sen. Dullo Adan who was a former commissioner at the KNCHR will recollect that Mutula was, probably, our best Minister during the time we were there. I recall very well that in his first days, he decided to up the budget at the KNCHR because he believed that human rights were the right things and he believed in what we were doing. I believe today we need to eulogise him accurately. Like many of you, I think we saw a pale image of Mutula. I do recall he was seated here when I had gone out to do some logistics work. When I came back he asked me to sit where he was sitting and I said, no, and picked up my i-Pad and proceeded to go and sit next to Sen. Orengo on that particular Wednesday which was the last time I was in the House. We have had several interactions deciding on how to take the Senate agenda forward and, in particular, our roles in the minority. I think he was a great guide constitutionally and legally. I really admired his fierceness of mind even when he was a Minister in the Kibaki Government and even at that point when he was expected to always hold brief for the Government. Mr. Speaker, Sir, I think in many instances he supported us and he was an inspiration to many of us. I just wanted to rectify an impression created by Sen. Muthama that on Thursday between 1.00 p.m. and 1.30 p.m. I sat next to him---
It was on Wednesday, I remember.
On Thursday I was having lunch with the former Prime Minister, so it has to be Wednesday. So, that said and done, it is important when we come to these kind of fora, our facts are more accurate because it then tests our entire consciousness as a country. This is because next time somebody would say I was with Raila Odinga on Thursday. How could it have happened? So, it was important to correct that particular set of facts. We need to eulogise him and to share in the pain of their family and to tell The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I rise to eulogize the great lawyer that Sen. Mutula Kilonzo was. Unlike many of the speakers who spoke before me, I never had personal interaction with the late Mutula Kilonzo. However, I remember that when I was making a decision to become a lawyer, three people were inspirational to me. One of them was the late Sen. Mutula Kilonzo. The other was James Orengo. Therefore, when I was elected to the Senate and I heard that they had been elected through their respective political parties to become Senators, I knew that was an opportunity for me to learn from the best legal minds. This is a man who got First Class Honours and I looked forward – we were put together in one of the Committees – to debating and learning from the knowledge that he had, but unfortunately, we have been robbed by death of that very unique opportunity. Luckily, there are other senior lawyers here that we will learn from. When we were in campus, many years ago - do not ask me when - I would go, in the morning hours at the magistrates court and in the afternoon to the Court of Appeal and watch how he would prosecute his matters. He was quite an inspiration. He was the kind of a person that after I went back, I wanted to write about what had happened in the Court of Appeal and not what had happened in the lower courts. If there is a man who demonstrated passion for what he loved, this was Sen. Mutula Kilonzo. He was very passionate in defending his clients, but also in the cause that he believed. When he was in KANU, he was passionate in defending KANU. I went to court, those days in campus because I was a political activist of some sort. When students were expelled, he used to act for the university. Therefore, he was known as the university lawyer. After that, Mutula continued to defend the cause that he believed in. He defended his party KANU and his client Mr. Moi. He later defended other The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, allow me on behalf of the Migori people to condole with the family, friends and relatives of the late Mutula Kilonzo. His life was dramatic and it can just be compared to a thriller movie which ends when everybody wants to see more. Indeed, as Sen. Khalwale said, I had the opportunity to face the wrath of Mutula’s brilliance when I was the Minister for the East African Community (EAC) and hon. (Dr.) Khalwale was the Assistant Minister. He drove the Ministry crazy. However, we expected a lot from the man who in the last two weeks repeatedly said that he had a secret. Whatever it is, we do not know. He has gone with it. It is only his ghost which can tell us what it was all about. He was a man to admire and a man with passion. He was a man who understood the position of the marginalized communities of this country. Severally, I went to see him when he was the Minister for Education and pleaded to have more teachers in our schools in Kuria when I was the Member of Parliament for Kuria where a school of 900 pupils had only three teachers. Indeed, he acted. This was a man who knew his facts and he used to use this phrase, and I quote:- “I say without fear or favour”. Indeed, he said whatever he wanted without fear or favour. He had the facts to prove himself over a position he took. Maybe we should or should not talk about International Criminal Case (ICC), but these are historical facts. It is true that sometimes, brushing yourself against the authorities is detrimental. I once found myself in that position when I had to be in the gallows. That is what it is. Postmortems will be done and I hope that the eminent doctors will give us the results. I wish it is not the other way because poisoning would depress us as Senators. It has been done before. George Kapten was poisoned, the late vice-president was also poisoned. We do not want it again to appear as if it is that way this time. Indeed, in the last three Parliaments we have had a jinx. In 2003, we had a Member of Parliament dying in the first one month. In 2007, we had two Members of Parliament dying in the first The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I stand here to give my message of condolence to the family of Sen. Mutula Kilonzo. As my fellow Senator, I have known him for a short time, but I have known him to be a prominent lawyer and Minister for Education in our country. I have also known him to be a very principled person. So, it is my humble request to my fellow Senators to pray for the family and stand with them in this situation. This is a situation of sadness and tears. I also request the whole country to pray for the family. Mr. Speaker, Sir, regarding speculations, I do not think we need to speculate when investigations are going on. I just want to take this time to request fellow Kenyans to wait for the results of investigations. I also want to pass my condolences on behalf of my family, other Kenyans and moreso from Nakuru County. May God Bless you.
Mr. Speaker, Sir, I would like to take this opportunity on my own behalf and on behalf of the people I represent, the people of Meru on this very sad and painful occasion to send my most sincere condolences to the family, relatives and friends of our friend Sen. Mutula Kilonzo and the people he represents, that is, the people of Makueni. This is a moment when one does not really have the words to express himself on this matter. Mr. Speaker, Sir, I have known Mutula Kilonzo for a long time. He was a truly great man and we could also describe him as a man for all seasons. Mutula is a man who thoroughly enjoyed his life. My own images of him is when as the Minister for Education, he went to dance with school girls and the school girls decided to kneel down, lie down in the dance and Mutula knelt and also went down on the dust with them. That was Mutula Kilonzo. Mr. Speaker, Sir, Mr. Kilonzo rose to stardom early in his life when he became the first law student in East Africa to get a first class degree in law. He never got employed by anybody. He did pupilage with G.M. Gakure and Company Advocates. Thereafter, he set up his own firm. As young people in 1980s we campaigned for him and he became the youngest chairman of the Law Society of Kenya (LSK) after Lee Muthoga and Senator Wako where he did a great job as a young chairman of the LSK. In the late 1980s and early 1990s he became the lawyer for the former President Mr. Moi and KANU. I remember we fought him hard because those were the days of the struggle for multiparty democracy and he would not hear of it. He was fighting for single party rule and showing us the virtues of President Daniel arap Moi. I remember at one time at the meeting of International Committee of Jurists (ICJ) at Safari Park, we had to throw him out of the meeting because he became unruly in his defence of KANU and the one party rule. Mr. Speaker, Sir, Mr. Kilonzo’s true leadership came out in the Ministry of Justice, National Cohesion and Constitutional Affairs. This is one of the most difficult dockets that anybody can handle. All the Ministers who have been in that Ministry had to leave under fire. The first Minister, Mr. Tom Mboya, you remember what happened to him; then the Ministry was abolished for many years. Then the former Attorney-General, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Your time is up!
Thank you, Mr. Speaker, Sir.
Mr. Speaker, Sir, I rise to support this Motion. I would like to take this opportunity to say a few words about the late Sen. Mutula Kilonzo. We are mourning the passing away of a very highly gifted Kenyan, who had distinguished himself as an eloquent and fearless defender of justice for all. We are mourning a great thinker and professional. I had the opportunity to serve with him in the Cabinet when he served as both the Minister for Justice, National Cohesion and Constitutional Affairs and the Minister for Education. We will all remember the late Senator for the critical role that he played in the drafting and passage of the 2010 Constitution. He was particularly instrumental in preparing and sponsoring the various pieces of legislation which were necessary to support the Constitution and actualize it. He leaves behind a strong legacy. He was an achiever and had risen to very high levels in society The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Hon. Senators, we intended to end this Motion at 4.30 p.m. but I can see that there is a lot of interest. So, we will take it up to 5.00 p.m. and limit your contributions to a maximum of three minutes, starting with the Senator for Nyeri.
Thank you very much, Mr. Speaker, Sir. I rise to support the Motion and offer my condolences to the family on behalf of my family and the people of Nyeri County. Mr. Speaker, Sir, the late Sen. Mutula Kilonzo, stood out distinctly because of his issues of principle. He was a man who stood for what he believed and it is a rare thing in politics. I say so in front of many politicians. It is very easy in politics to become a wishy-washy person because the demands on us are so much that it takes a rare person to stand up and be counted in the manner in which the late Senator did. He was a person that we should emulate and look up to. Mr. Speaker, Sir, I am not surprised that some of the Senators who have contributed to this Motion have actually said that they became lawyers because of the late Mutula Kilonzo. But one of the characteristics that comes out very clearly, and has just been mentioned by the previous speaker, is that as leaders we should never be so engrossed in our importance or who we are in terms our positions as Senators, Members of Parliament or other leaders, to the extent that we lose ourselves in the process. Too many of us---
Your time is up, Sen. Kagwe!
Thank you, Mr. Speaker, Sir.
Mr. Speaker, Sir, I wish to join my colleagues in condoling the family. I came to know the late Sen. Mutula Kilonzo when he was the Minister for Justice, National Cohesion and Constitutional Affairs. As Sen. Hassan said, we really interacted with him. At one time, we really had a lot of problems with Members of Parliament and the Executive when I was working with the Kenya National Commission on Human Rights (KNCHR) and our salary was slashed. We went to see him, so that the salary could be reviewed. I remember Mutula saying:- “You guys are saying that you are going to the Members of Parliament or the Committee on Justice and Legal Affairs. Do you know that you do not have friends in this Assembly?” The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Thank you, Mr. Speaker, Sir. I rise to support this Motion and pass my message of condolence from myself, my family and that of the people of Nandi to the family of the late Sen. Mutula Kilonzo. I personally never had personal relations with the late Senator, but I admired him. I think like Sen. Murkomen and others, he was one of the inspirations that led me to join the legal profession. I want to take this opportunity to pass my condolence. I know the late Mutula was admired by the people of Nandi and so I pass the condolence of the people of Nandi. Let us allow the legal due processes to take place so that we are able to get to know what really transpired. Let us not speculate, but remain calm and support the family and the people of Makueni at this time of grief. Thank you.
Thank you, Mr. Speaker, Sir. I rise to support the Motion, though it is very sad that I support such a Motion. I personally knew Sen. Mutula when I was appointed as the Assistant Minister in the Ministry of Nairobi Metropolitan Development and he was the Minister. I had the rare opportunity to work with a man who was so disciplined. I thought I was so disciplined, but my encounter with him raised my level of discipline. He was so disciplined and such a workaholic. At exactly 6.30 a.m., he was in the office. I think he told me that he was always in his private office by 5.30 a.m. and by 6.30 a.m., he was in the Ministry office and we would have our meetings at 7.00 a.m. He was a humble man with such a rare sense of humor that if any difficult situation arose, he would somehow drive the Ministry out of it. I remember one such situation when we had a problem with Kajiado County when they were having problems joining the metropolis. He told me: “Just give me three days and I will solve that.” What he did was to transfer the Ministry to Narok. We went to Maasai Mara and for three days, we were running the affairs of the Ministry in the wild. That somehow appealed to the people of Kajiado and they joined. I am talking of a man who was so highly educated, yet almost every time, he would be having such a listening ear to you and everybody else, thinking out of the box for the sake of moving forward and solving any problem. For the time that I worked with him, it was difficult to know that he was a man of means. He was so humble and he treated all of us equally. As I stand here I find it very difficult because we were with him in this same building for almost three years as his Assistant Minister. For me to stand in this same building to talk about the death of Mutula Kilonzo, a man who I thought I had known all my life. When we were still in school, he was one of those people that would encourage you to really think of yourself as a lawyer. I believe all my classmates who The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I want to join my colleagues in paying tribute to my departed friend. On behalf of the people of Kitui County, I want to send my deepest condolences to the family of the late Mutula Kilonzo and also to the people of Makueni who elected him only recently with many votes. The late Mutula Kilonzo was many things; first and foremost, he was a family man. He was a very successful lawyer as has already been stated by his colleagues. He was a successful businessman and a fearless politician. I want to specifically thank him for the role he played as Secretary-General of the Wiper Democratic Movement, a party of which I am Chairman. His contribution to that party will never be forgotten. Mr. Speaker, Sir, the late Mutula Kilonzo was passionate about the welfare of the people he served and, indeed, the people of Kenya. You will recall during the Ninth Parliament I was a lone voice in urging the release of certificates for the Kenya Certificate of Secondary Education (KCSE) examinations which had been withheld on account of school fees balances. The late Mutula was the Minister and he offered one of his sons Mutula Junior to go to court with me to sue the Government so that these certificates could be released and they were released. Many Kenyans benefitted. Recently before we left the National Assembly, the late Mutula brought the Kenya Examinations Council Bill in the House and I persuaded him to make an amendment in that Bill to outlaw the withholding of certificates of KCSE. That amendment went through with his support. The tribute that I would like the Ministry of Education to pay to the late Sen. Kilonzo is to ensure that that amendment is implemented because even as we speak, those certificates are being withheld and it was the wish of Sen. Kilonzo that the poor children of Kenya whose certificates are withheld by Principals of schools for non-payment of school fees balances are released. As of now, they have not been released. I send my condolences to the widow and the family.
Thank you very much, Mr. Speaker, Sir, for giving me this chance to condole our friend, the late Sen. Mutula Kilonzo. He was a person who would crack jokes to every other person. I did not know him for creating enemies. I only knew him as a person who created friends. So on my on my own behalf and that of my family and also the people of Kirinyaga, I take this opportunity to condole the family of the late Mutula Kilonzo. Mr. Speaker, Sir, I was with this gentleman on Thursday and we were talking about the Committee on Education, Information and Technology. He was so passionate about education that he even wished to be the Chairman of that Committee. As we were cracking jokes, I told him that I was older than him and that I deserved to be the Chairman, but he told me: No, we agree that when it comes to the election of the Chairman of that Committee, I should support him. We argued and almost agreed that I was to be the Chairman. He was a person that wanted education to be run professionally. I know that he was going to keep abreast with education matters because even during his last dinner, he wished that he was going to be The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
I will take the last contribution and then allow the Majority Whip to conclude. Harold Kipchumba!
Thank you, Mr. Speaker, Sir. I wish to join my colleagues and the whole nation in condoling a hero. On behalf of my family, myself and the fraternity of people with disabilities, I wish to mention two issues that the late Senator was very passionate and supportive of. We, the persons with disabilities, always called him “the disability champion”. Whenever we had issues, I can remember way back in the 1997 you would call some young lawyers and ask them issues of persons with disability---- A lot of pro bono services were offered because of him. People with disabilities remember him during the constitutional review process. He was very pertinent in seeing to it that the gains of persons with disabilities are entrenched in the Constitution. I remember being part of the team that came up with issues of disabilities. In Kiswahili, he said; “ nyinyi walemavu mtasurvive kukiwa na Bill of Rights .” Without it, you will not survive. Therefore, the Bill of Rights, Chapter Four, is where the hearts and lives of people with disabilities are and he championed it. Secondly, he championed the Education Bill and especially the draft that was not able to go through; the Learners with Disabilities Bill. He was always in consultation with our disability caucuses on the implementation of the Constitution, and he provided guidance whenever we had issues. So, on behalf of the people with disabilities, we will cherish the legacy he has left behind and we believe that the foundation he laid for us was what has made it real for some of us to be here. It is sad that it had to end this way. We pray for the family and for the people of Makueni. We pray that deaths that are suspicious will come to an end in this country.
Finally, Majority Whip, reply to the Motion.
Thank you, Mr. Speaker, Sir. I also want to take this opportunity to also send my condolences to the family. I believe and know that if there is one hero who championed the issues of women in the Constitution and who gave us space in his office, it was the late Sen. Mutula Kilonzo. On behalf of the women of this country, we pray to God to give Mama Nduku the strength and courage during this trying time. I know that she is a prayerful woman and that she will be guided by God’s wisdom to continue guiding the family. Hon. Senators, I want to thank you for contributing. I know that as the Senate, we had a hero who would have guided us in this House in terms of law and legislation. We pray and believe that Makueni people will give us a person who will lead them and ensure that devolution is achieved in their county. Mr. Speaker, Sir, I want to thank you and to request Senators, during the election of the Committees, to go beyond parties and show the country that in terms of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Just before I put the voice vote, I want to bring to your attention Standing Order No.69(1) which states as follows; “When the Senate is to vote on any matter other than a Bill, the Speaker shall rule on whether the matter affects or does not affect counties. (2) The Speaker’s ruling under paragraph (1) shall be made after conclusion of debate on the matter but before the Question is put. (3) When the Senate votes on a matter that does not affect counties, each Senator has one vote.” Hon. Senators, I, therefore, rule that the subject matter before us in this Motion is of general national interest and not necessarily affecting counties within the meaning of Article 123 of the Constitution. It, therefore, follows that to the Question on this Motion, each Senator will have one vote.
Hon. Senators, having resolved to go and condole with the family, this is, therefore,to inform you that pool transport to the late Senator’s home is available for immediate departure at the Kenyatta International Conference Centre (KICC) forecourt, the area outside the Supreme Court. We will depart not less than 10 minutes from now. It is now time to adjourn the House. The House, therefore, stands adjourned until Tuesday, 7th May, 2013 at 2.30 pm. The House rose at 5.00 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.