Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, aware that on 3rd November, 2004, Parliament passed a Motion requiring the Government to release all KCSE certificates held by schools on account of fees balances and requiring schools to cease withholding certificates on account of fees balances; appreciating that in December 2006, the Government of the day ordered the release of all KCSE certificates held by schools, but that the certificates were released only that one time; concerned that since 2007, schools have continued to withhold certificates, especially those of orphans and children from poor families on account of fees balances; aware that Section 10(1)(b) of the Kenya National Examinations Council Act (No.29 of 2012) outlaws the withholding of certificates by any person or institution; the Senate urges the national Government to take immediate measures to release all certificates held by heads of secondary schools since 2007 and to ensure that no head of a school, person or institution continues to withhold KCSE certificates.
Let us take the requests first. Sen. Stephen ole Ntutu. REPAIR OF ROADS WITHIN NAROK TOWN
Mr. Speaker, Sir, I rise to seek a statement from the Chairperson of the Committee on Devolved Government concerning a contractor who was awarded a job 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 are the comments of the Chair of the Committee? Which Committee is this directed to Sen. Ntutu?
Mr. Speaker, Sir, the Committee on Devolved Government.
That committee is yet to be constituted. But the matter can still be handled by the Committee on Energy, Roads and Transportation. Vice Chair, what are your comments?
Mr. Speaker, Sir, we will answer this question in two weeks time.
On a point of order, Mr. Speaker, Sir.
What is it, Sen. Karaba?
Mr. Speaker, Sir, it is as if there is a problem with the issue of roads and what we are expected to handle in this House. There are many questions that are coming here on the issues of roads yet nothing seems to be coming forth. Could we demand to know the state or the Government position regarding the construction, maintenance and improvement of roads because they are all in a mess and no statement seems to be coming forthwith.
Sen. Karaba, what is the basis of those assertions?
Mr. Speaker, Sir, it is on the basis of what I asked last year about a road in Kirinyaga. Even after the answer was given, up to date, nothing seems to have happened on Kutus-Kerugoya Road. This road is in a very bad state. The Chairman and the Committee promised to visit that road some time last year, but they never did so. Similar questions have been raised, but nothing is happening on the ground.
Order, Sen. Karaba!
Mr. Speaker, Sir, we satisfactorily answered that question last year. The only pending statements which were due actually lapsed because this is a new session. However, if he wants us to respond to that question again, he needs to put a new question and the committee will be able to answer it to his satisfaction.
Sen. Karaba, I hope the Vice Chairperson is absolutely clear. That is why I asked on what basis you were asking the question. If it is matter of last year, you have just confirmed that it lapsed. Secondly, we have a statement tracker. The only statements that were actually due had nothing to do with the Committee on Energy, Roads and Transportation. They are only due today. We have not exercised that order. So, you are really acting on absolute bad faith. You need to apologise.
I apologise, but not on--- 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. Karaba! You cannot use the word “apology” and “but” in the same breadth; one against the other.
Mr. Speaker, Sir, I apologise.
Okay. Sen. Obure. GOVERNMENT POSITION ON EXTRA CHARGES LEVIED BY SCHOOLS IN KISII COUNTY
Mr. Speaker, Sir, I would like to request the Chairperson of the Senate Committee on Education, Information and Technology to tell us if the Cabinet Secretary for Education, Science and Technology is aware of the number of students in various day public secondary schools in Kisii County who have been sent away from school for failing to pay levies imposed by the school. Secondly, I also want to know if the Cabinet Secretary will agree that this is a violation of the national government policy which guarantees free quality secondary education for Kenyan students, including those in day public secondary schools. Mr. Speaker, Sir, I also want to know if the Cabinet Secretary is aware that allowing schools to levy extra charges to cater for other non-tuition fees has opened the window to lock out students from very poor families from accessing free secondary education. Lastly, if the Chairperson could outline what measures the Cabinet Secretary is taking or intends to take to provide interventions to protect the very poor students who often find themselves victims and are unable to utilize tuition already paid by the Government in those schools.
Chairperson, Committee on Education, Information and Technology.
Mr. Speaker, Sir, I am a member of the Committee. We will answer that question in two weeks time.
Okay, in two weeks time. Sen. Haji. CAUSE OF POWER BLACKOUT IN GARISSA TOWN
Mr. Speaker, Sir, I rise to seek an urgent statement from the Chairperson of the Standing Committee on Energy, Roads and Transportation relating to a total power blackout in Garissa County arising from blowing up of all power generators in Garissa Town yesterday evening. In the statement, the Chairperson should:- (a) Explain why the Ministry of Energy and Petroleum had not installed standby generators for use in case of such an eventuality. (b) State whether he is aware that such a power blackout poses a serious breach of security in Garissa Town in light of the fact that the town has suffered repeated attacks by the Al Shabab terror group resulting in deaths of several people a few months ago. (c) Confirm that the Ministry will, as a matter of priority, beginning from tomorrow, restore the electricity supply in Garissa town.
Committee on Energy, Roads and Transportation. 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, this being an emergency question, we shall answer it on Wednesday.
Sen. Haji, what is your response?
Mr. Speaker, Sir, there is a total blackout. In view of the issue of insecurity that I have mentioned, I want to put on notice the Ministry, through the Chair, that if one person is killed as a result of this blackout, we will sue them in court. So, he should be able to answer this question by Tuesday, next week, not Wednesday.
Mr. Speaker, Sir, we all know that the Cabinet is out of town. That is why I have said that I have talked of Wednesday so that between Monday and Tuesday we make contact, so that we get a reply that will be befitting the incident that has happened in Garissa. It is unfortunate. I am sure the KPLC is doing everything possible to restore electric power.
Order, Sen. Mwazo! Whether the Cabinet is out of town or not, they are still holding office.
They are not out of the country.
They are also not out of the country as the good Senator who is a neighbour to Garissa County has just said. But even if they were, they will still be available. That is why Parliament gives them sufficient resources to operate. Both of you agree that it is an emergency. An emergency should be tackled at the next earliest opportunity. That should be principle. With the reasons you are giving, we are not talking about this week, it is next week. They will be back to the office by Monday anyway. So, I would encourage you, since you already appreciate the matter, to contact them on phone even before they come back to town. I am sure even while they are away they are not engineers, they will still contact other people. So, they do not need to come to Nairobi or go to Garissa. They can communicate and action can be taken. So, let us have the statement on Tuesday.
Yes, Mr. Speaker, Sir, we will bring it on Tuesday.
Sen. Peter Mositet. UNETHICAL PRACTICES INVOLVING OFFICIALS OF KAJIADO LANDS REGISTRY
Mr. Speaker, Sir, on behalf of Kajiado County, I stand to request for a statement from the Chairperson of the Committee on National Security and Foreign Relations on problems and unethical practices involving officials of the Lands Registry in Kajiado County. Kajiado County land owners and business community are greatly alarmed at the number of criminal cases filed with regard to fraudulent land deals involving millions and billions of shillings. Such cases, once reported to the CID at Kajiado, have been routinely been taken away by the CID, Nairobi. Once these cases are taken away, there is no progress or feedback resulting into permanent deadlock, distress and desolation for the victims. The people of Kajiado County fully believe the CID officers based in Nairobi may not be committed to investigations, preferring to procrastination for unknown reasons. 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.
Who is your statement addressed to?
The Chairperson of the Committee on National Security and Foreign Relations.
Sen. Haji, what do you have to say?
Mr. Speaker, Sir, we should be given two weeks, so that we---
I will wait to be heard by the Speaker.
Sen. Haji, you appreciate why it is your turn. The Tuesday answer is never different from the kind of answer being sought. Yours is an emergency, the town is in a blackout and there is insecurity. This is a problem that has been there for over a decade. So, surely, two weeks seems reasonable.
Two weeks is okay, Mr. Speaker, Sir.
Sen. Mvita. CONSTRUCTION OF SEA WALLS AND JETTIES ALONG THE COASTAL AREAS
Mr. Speaker, Sir, I am Senator Mshenga Mvita Kisasa. I would like to seek a statement from the Committee on Energy, Roads and Transportation. I wish to know the following:- (a) Why the budgetary provision for the construction and maintenance of sea walls and jetties, which have been provided for the coastal areas of Kwale, Lamu, Kilifi and Malindi for over 20 years, has been discontinued during the 2013/2014 budget (b) Could the chairperson confirm that ongoing works on sea walls along the coast have stalled and that the Shimoni Jetty in Kwale county is about to collapse due to lack of funds? (c) What informed this drastic action? (d) What measures will be taken to reinstate the budget for sea walls and jetties to avoid danger occasioned by the pending crisis?
Sen. Mwazo, what is your response?
Mr. Speaker, Sir, we shall respond in two weeks’ time.
That is okay, thank you.
I think I am now beginning to appreciate Sen. Karaba’s concerns. He must have anticipated trouble in advance. Yes, 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.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, mine is to make a Statement regarding the business of the House. Hon. Senators, pursuant to Standing Order No.42, the business of the House next week will be as follows:- On Tuesday, 11th March, 2014, the Rules and Business Committee of the House will meet at 12.00 noon to schedule business for the week. On that day, the Senate will continue with the business that will not be concluded in today’s Order Paper. On Wednesday, the Senate will continue with the business not concluded on Tuesday and consider any other business scheduled by the Rules and Business Committee, including the approval of Senators nominated by the Rules and Business Committee to be members of the respective committees indicated below:-
Committee on Devolved Government Committee on Implementation Committee on Delegated Legislation County Public Accounts and Investments Committee
Lands and Natural Resources Committee Committee on Information and Technology Committee on Roads and Transportation Labour and Social Welfare Committee On Thursday, 13th March, 2014, the Senate will continue with the business not concluded on Wednesday and consider any other business scheduled by the Rules and Business Committee of the Senate. Mr. Speaker, Sir, I thank you and I hereby lay this statement on the Table.
Hon. Senators, are there any interventions on the statement from the Senate Majority Leader, including a response from the Senate Minority Leader?
Mr. Speaker, Sir, this is more or less a Procedural Motion and the business of the week as decided by the Rules Business Committee. I support.
On a point of order, Mr. Speaker, Sir.
What is it? OUTBREAK OF FOOT AND MOUTH DISEASE IN WEST POKOT COUNTY
Mr. Speaker, Sir, Last week, I sought a statement regarding the outbreak of foot and mouth disease in West Pokot County. The 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.
Sen. (Prof.) Lonyangapuo is right. There was a statement due from the Chairperson of the Committee on Agriculture, Lands and Natural Resources today. Is there any Member of that committee here? Yes, Sen. Kerrow!
Mr. Speaker, Sir, mine is to seek a clarification from the Majority Leader on the statement he presented. If you listened to the statement, there is nothing out of the ordinary other than the Motions which have been brought in this House by the Members. But we agreed that all the Bills that are prepared by the Government, which for one reason or the other, are not coming to this House, but are touching on the counties, would also be moved in the House. Would I be in order if I would suggest to the Senate Majority Leader that with the agenda for the business for next week, he should, as the Senate Majority Leader, seek all the Bills that touch on county governments and which have been published and present them before the House for debate, so that this House can work in accordance with the Constitution? We cannot ignore the fact that there are many bills being published by the Government and yet these Bills touch on the counties, but are not being presented to this House.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, to a little extent, I agree with the sentiments of Sen. Billow Kerrow. But first and foremost, the purpose of my statement was to provide the business of the House for next week. Normally, that business is decided by the Rules and Business Committee when it meets every week. So, I do not think it is during a statement like this one where I can start saying which Bill will come when. That can only be known after the Rules and Business Committee has met and made its decisions. Secondly, I also do not agree with Sen. Billow because I am aware that this House has business, including legislative business. The question which arises is whether there are Bills which have been published and they are not before this House and should be before this House. That is a completely different question which is being handled even from the Rules and Business Committee directives. The Senate Majority Leader is working on that as a separate issue. But to expect that I can come here and tell you: “Next week, the following Bill will be before the House,” This will be pre-emptying the work of the Rules and Business Committee. Thirdly, Mr. Speaker, Sir, perhaps, what Sen. Billow Kerrow is asking is a different kind of statement which I am entitled to make on a day like today regarding the exercise of my mandate. I will not use my discretion to give that statement. Maybe one of these days I will do so with the permission of the Chair, of course. But definitely there is that request. The issue of weekly programme is a routine statement which is given in the generalities in which I have presented that statement. Thank you, Mr. Speaker, Sir.
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. Billow?
Mr. Speaker, Sir, in the Order Paper, the statement was very clear that the Senate Majority Leader was discussing business for the Senate for the forthcoming week. In his presentation, he mentioned specific Motions that will come before this House. I appreciate that the Rules and Business Committee (RBC) has to agree on the Calendar which is specific to various Bills. However, I think it is important for him to give an indication in the same way that he has mentioned. He should tell us why those ones are lined up even if the Motion will not appear in the manner that has been given by the RBC. He needs to give us an idea of what Bills have been published by the Government, which, he, as the Senate Majority Leader, should have presented before this House.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, there is no problem in providing that information if it is requested. However, if I recall, last week, during my weekly statement, I listed six Bills. Some of those Bills were Private Members’ Bills, but three out of the six Bills had to be republished since they had lapsed. They were published in the first session. Three Bills were sponsored by the Senate Majority Leader and there will be more. Just for clarity, what Senator Billow wants is a list of the proposed legislation by the Government that touches on counties that will be brought to this House. Such information can be provided. However, it does not have to come in the context of a weekly statement or as business for the coming week. It has to come in the context, in my view, of the weekly statement by the Senate Majority Leader regarding the discharge of responsibilities which is a discussion statement that can be exercised or with the direction of the Chair. Upon request by the House, that information can be given.
On a point of order, Mr. Speaker, Sir. I want to borrow from Sen. Billow’s assertions. I think he is not only challenging the mandate of the Majority Leader in making that statement, but, in totality, our mandate as the Senate. There are Bills in the National Assembly that ought to have been in the Senate. You must move progressively and bring these Bills for discussion in terms of asserting the mandate of this Senate without necessarily having to wait for somebody to arbitrate. The RBC can immediately proclaim that they are properly before the Senate.
Order, hon. Members! I do not think it is appropriate to discuss the mandate of the Senate Majority Leader at the Plenary if he had issues. I think the Senate Majority Leader is very clear that he is willing to give a separate statement in the House as we so desire. For now, we will deliberate the matter of the RBC. They will give us the way so that we do not turn this into a debate.
On a point of order, Mr. Speaker, Sir. I appreciate your direction. However, I just want to seek a clarification. We have Majority Leaders in both Houses. My understanding is that the Government Business in the House is conducted through the House Majority Leader. What I have not understood and what I need a clarification on is: On what basis does a government Ministry take a legislative agenda to one House and not the other? That is my concern in raising those questions. 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 think that is a legitimate statement. It is a separate statement from the weekly one. Therefore, you know what to do. Complete the statement, it will be approved and we are in the House to do the needful.
On a point of order, Mr. Speaker, Sir. Whereas it is obvious to appreciate the point by Sen. Billow Kerrow, I am of the strong view that the Constitution requires Bills coming from whatever source, in this case principally from the Government to the Executive, to pass through a caucus of both Speakers. This is what is not happening. A decision should be made as to what Bills must specifically come to the Senate, which ones must go to the National Assembly and which ones must go to both Houses. With all due respect, our Senate Majority Leader is the correct person to follow. If that is not happening, the Executive will continue to operate as they do and address the Bills, from whichever department, to the National Assembly. If they do so, there will be a gap. I request that a direction comes from the Chair so that we know where the gap is. We all need to clear the air and if the Majority Leader expects to be given these Bills by the Executive to table here, what route should we take?
On a point of order, Mr. Speaker, Sir. Allow me to further the argument that Sen. Billow Kerrow has been pursuing and ably touched on by Sen. Karue. We appreciate the considerable frustration that the Senate Majority Leader is going through; whether he is being ignored by his colleagues somewhere or, probably, he is not being consulted. The Government in power cannot sit and choose which Bill goes to which House. This is left to the Speakers of both Houses. That is what the Constitution says. Article 110(3) says: “Before either House considers a Bill, the Speakers of the National Assembly and the Senate shall jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill.” You are not left with any discretion. Every Bill must be considered by the two of you before it is tabled either in the Upper House or the Lower House. When this is not done, then the Constitution is breached. This Senate is being bashed out there for not having enough work to do when someone out there is truncating the work we ought to do by deliberately not allowing Bills to come to this House. What is left is for us to encourage you to be vigilant. Any Bill published and placed before the Lower House, if your brother there does not call you to look at it, then Sen. (Prof.) Kindiki has a right to inquire legitimately as to why Bills are being sent to the Lower House and not the Upper House and why he is not being given Bills to present here because Bills can originate from either House. There is no law or provision in the Constitution that says that a Bill must originate from the Lower House. Secondly, we oblige, as the Senate, but in the event this process continues, when a Bill is tabled in the Lower House in total disregard to this provision, you should simply take it up and table it here as well. We should simply cause a stalemate. We should debate it, pass it and you exercise your responsibility by taking it to the President for assent. So, let us see which one he will assent to and whether he will choose to go with the Lower House or the Upper House. We all have the responsibility and the constitutional duty to deal with work that comes for legislation. I want to encourage the 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 rise to support the statements and the contributions by the Senate Minority Leader. However, before I do that, I want to assure him and the Senate that the Senate Majority Leader is not frustrated, cannot be frustrated and will not be frustrated because there is nobody with the capacity to frustrate the Senate Majority Leader. This is just for the avoidance of doubt. Having said so, I want to go on record that I support the sentiments of the Senate Minority Leader which, I think, is the feeling of the entire Senate. Somebody somewhere is breaking the law. Whoever that person is, the law must be applied against that person or institution. In particular, with regard to Bills coming to this House, or the Lower House, the determination of this is made by the two Speakers jointly. If Article 110(3) is not operating, then we have to make it operate. Secondly, as Sen. Wetangula has said, there is no limitation as to which House a Bill can originate from. We cannot be a Chamber of lamentations or a Chamber of complaining. We want to see this House going forward and you can rely on the support of the Senate Majority Leader. I highly doubt that the problem we are experiencing here is a systemic problem. It is not systemic. There are one or two people somewhere who may have sat and imagined that, somehow, they can subvert the Constitution and get away with it. Going forward let the Bills flow. Let the Bills flow to the Table of this House. Let them be legislated. How that will be resolved eventually is the same way that other crises have been resolved. Without much ado, I would like to say that the Office of the Senate Majority Leader will support the mandate of this Senate without any reservation whatsoever.
On a point of order, Mr. Deputy Speaker, Sir.
What is it, Sen. Hassan Omar?
Mr. Speaker, Sir, can I propose that this Senate summons every Cabinet Minister who has presented a Bill before the other House to ask them about the determination, particularly for those Bills which we strongly feel are County Bills?
Order, hon. Senators! I think the Majority Leader has concluded this matter by supporting the assertions by the Minority Leader which were provoked by the Senator for Mandera. So, let us leave it there, at this particular point. I think the issues are very clear. Your Speaker can only agree with the final statement made by the Senate Majority Leader; let the Bills flow. I think he has made a commitment. He is the Senate Majority Leader and nobody has capacity more than him. So, I expect Bills to flow from next week. Failure to do so, we may be forced to shame one or two people who have decided to subvert the Constitution. I will definitely ensure that nobody, at least from where I sit, does so. Also there is a time when we have to conclude things. We cannot continue like before. So, let me leave it 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.
Hon. Senators, I also have a few statements to make: The first one is about the statement raised by Sen. Hassan and most of your contribution encouraged me to sleep over it. I think one night is not enough, but I ask for indulgence for more nights so that I can make it on Tuesday. More fundamentally, we are doing the consultations. We are looking for all the requisite information because by the time your Chair makes a communication, it must be borne by facts, all the issues having been determined so that we give direction in terms of way forward. We do not want to do it half-heartedly thus raising more questions than answers. So, I am asking for your indulgence that we dispose of that matter on Tuesday. PROVISION OF SUPPORT TO SENATORS IN DRAFTING LEGISLATION We want to encourage the Senators that pursuant to Standing Order No.115, when coming up with Public Bills of the Senate, in their individual capacity or Committees of the Senate, you may seek the support of the directorate of legal services for the drafting of legislative proposals for introduction in the Senate. So, I want to confirm that facility is available to each and every Senator, including your Committees. You do not need to write anything. Just go there, we will give you an officer, talk because you are paid to talk, just talk what you want to talk and they will put you to form which you will be working on. ELECTION OF CPA KENYA BRANCH OFFICIALS The second communication is about the Commonwealth Parliamentary Association (CPA). The CPA is an association of commonwealth parliamentarians, who irrespective of gender, race, religion or culture are united by a community of interest, respect for the rule of law, individual rights and freedoms and by pursuit of positive ideals for parliamentary democracy. Its mission is to promote the advancement to parliamentary democracy by enhancing knowledge and understanding of democratic governance. The CPA pursues these objectives by means of the following:- (i) Annual commonwealth parliamentary conferences, regional conferences and other symposia; (ii) Inter-parliamentary visits; (iii) Parliamentary seminars and workshops; (iv) Publications, notably; The Parliamentarian ; (v) Conference, documentaries and newsletters on CPA activities and parliamentary and political events. (iv) Parliamentary information and reference centre for research and communications. 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.
A comment, Mr. Speaker, Sir.
What is it, Senate Minority Leader?
Mr. Speaker, Sir, can I be allowed to comment on that?
Mr. Speaker, Sir, first, you and I, who are life members, need not pay again. Secondly, this is an organization or an association where parliaments are represented. I have been noticing a trend where when we go to these meetings, the National Assembly seems to think that they have greater legitimacy in having greater representation than this House. I want to encourage you, as our leader, because the leaders of CPA are the Speakers, we go to the meeting with a defined agenda as to the representation on the Executive Committee of CPA for Kenya. In my view, there should be equal representation from the Senate and the National Assembly. Why? Although there is an argument that in the National Assembly, there are more members, but those more members are equal to each Senator who represents a County in which constituencies are based. If you take the Senator for Busia - Sen. Wako - he is equal to seven Members of Busia County. So, you cannot say that because they are seven from there, therefore, they must have more representation. I want us to define the rules before we go to the meeting so that if we are going to have eight officials, four must be from the Senate and four from the Lower House.
On a point of order, Mr. Speaker, Sir. I do not know if I am a life member myself because I used to know that I was a Member in the Seventh, Eighth and Ninth Parliament. Could you kindly find out if some of us are life members, especially for those who have been in Parliament for quite a number of terms?
Life membership is not a factor of longevity. Just because you are like senior Sen. G.G. Kariuki, it depends on your own willingness to make the decision whether you want to be a life member or you want to be an annual 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, we are still waiting for the response.
Yes. Chair for Agriculture?
Mr. Speaker, Sir, I am a member of that Committee and the chair, the deputy and other committee members are out of the country. So, we have no brief on the question. As soon as they come back, we will check on that.
Mr. Speaker, Sir, I do not know whether the Committee is serious with its work because last week you directed that given the nature of the statement I sought and the way he is trying to answer the question casually; they agreed that they will respond this week to finality. I am surprised that he is trying to say they have gone on holiday when things are serious in my county.
Mr. Speaker, Sir, the Chairperson, the Vice Chairperson and some Members of the Committee left without the knowledge of some of us, as Members. I am told they are out of the country. That is my position. That is why I said I do not have any brief with regard to their whereabouts and the position of that Question. I undertake that as soon as I get where they are, we will respond to it on Tuesday, next week.
Order, hon. Senators. This is a Statement on the outbreak of foot and mouth disease. This is a real emergency. This is the reason sometimes our livestock products are not acceptable in the European and the Middle East markets. So, if the Committee does not have an appreciation of such, then I wonder what is important to them. Secondly, the fact that some Members have travelled does not stop the work of the Committee. That is why you are here to confirm that the work should proceed. So, seize the opportunity and deliver. Can we have a response on Tuesday?
Well directed, Mr. Speaker, Sir. I will do so on Wednesday, next week.
On Tuesday, next week.
Most obliged, Mr. Speaker, Sir.
On a point of order, Mr. Speaker, Sir. I was just offering an advice. Is it in order for me to tell Sen. (Prof.) Lonyangapuo to consult the Permanent Secretary, who comes from Pokot like himself, because this is an emergency?
Mr. Speaker, Sir, the business of this House is not operated on who knows who. I think my Senator neighbour here knows that very well. This is a serious matter and we should not treat it casually. I brought it here because I wanted it to get the attention it deserves. 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, that is well put. This is serious business which must be transacted in this serious manner. It should not be based on filial ties, kinship ties or good neighbourliness. At that rate, Sen. Murkomen himself would have volunteered because he is a very good neighbour of Sen. (Prof.) Lonyangapuo.
Mr. Speaker, Sir, that issue is quite serious. I thought even though we do not have the chair here, the Committee Member in the House can make a Statement. I thought you could rule over that because I am just imagining the number of livestock in West Pokot and Turkana affected. There is no way they can express how they are feeling unless their Senator can raise it in the House here. Why can the Chair not rule that the Ministry goes straight to the ground and work on that issue?
On a point of order, Mr. Speaker, Sir. As much as we would like to go that route, we would also like to understand that if the Chair and the vice-chair of the Committee are outside the country and the hon. Senator says he does not know about it, does it mean they approve themselves without going through the Committee on any trip? As much as we would like to go back to it, we would also like to understand that if the Chair and the Vice Chair of the Committee are outside the country, does it mean that we must wait for them to approve without liaising with the Committee on any trip?
That question is unfair to the Member. So, I will not entertain it. I will never take instructions from Sen. Mositet. We do not run Ministries. So, let us give the opportunity to the Senator. As a Member of the Committee, he has agreed to assume that responsibility. In my mind, I have no doubt that he will rise to the occasion come Tuesday. I am sure the Ministry has officers on the ground and part of the response will be basically that kind of determination; whether action has been taken or not even as the Statement is being sought. Next Order!
Sen. (Prof.) Lonyangapuo, you had a balance of two minutes.
Mr. Speaker, Sir, I had a balance of two minutes to go. I was congratulating the young girl who brought fame and honour to Kenya, Ms. Lupita Nyong’o. We have such huge talent in Kenya that we must be recognize ourselves rather than waiting for our talent to be recognized by people in a far away land, just like Lupita has been honoured in the United States, yet we have not done anything for her. On Monday, we had the honour of learning the performance of our students in KCSE, where we were told that there was a young boy from Alliance Boys High School who did very well and the top girl in the whole Republic came from Moi High School Kabarak. I do not know what it will take for us to be able to recognize and thank such a pool of talent in our young children when they excel. We do not have to wait for other people to come from outside in order to recognize that talent. We should be able to set aside scholarships to send such brilliant brains to top universities in the world to study some of the courses that we think we can benefit from. I do not know whether we have any scholarships dedicated to the top girl or boy in KCSE at all except the philanthropic scholarships that are being given by the Equity Bank. They call it “Wings to Fly”. That is not a Government initiative. I would like to challenge the national Government and the county governments to see how they can rise to the occasion and be able to recognize the talents that we have. Mr. Speaker, Sir, we have not recognized the talents of even our own researchers in Kenya. Late last year, Dr. Menage, a young medical doctor from West Pokot was honoured in Norway. The whole world recognized the work of this young scientist, but here in Kenya we do not do it. It is a very big challenge that we need to wake up to as a nation and be able to appreciate what we have around. We should even be able to---
Order, Sen. (Prof.) Lonyangapuo, your time is up!
Thank you, Mr. Speaker, Sir, for giving me this opportunity to speak on a Motion ably moved by a Member of my Committee, Sen. Adan and seconded by Sen. Lesuuda. We are all very proud of Lupita Nyong’o for the unprecedented win of the Oscar Award at the 86th Academic awards ceremony. Since she won, it is important to note that most of the critics who have written about her win have actually lauded her for what one critic said; bringing a breath of fresh air in Hollywood. Her talent is raw. In other words, a breath of fresh air has been brought to the Hollywood which has been there for the 86 years through our own Kenyan lady. She has a great future ahead of her and she has made Kenya, Africa and the black people wherever they are proud. It was very interesting to note that an article appeared in a Uganda daily newspaper yesterday saying that she had also made Uganda proud because it can be identified as a neighbour to Kenya where Ms. Lupita was born. So, we are all very proud of her. Mr. Speaker, Sir, I also want to take this opportunity to congratulate her parents, Dorothy and Sen. (Prof.) Anyang’-Nyong’o for providing a very exemplary example on how to bring up children, nurture them and guide them. We learnt that each and every one of us in this world has unique talents bestowed upon them by God. Therefore, the 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, Madam Temporary Speaker, “Sir”. Is Sen. Wako in order to keep calling you “Mr. Speaker, Sir”?
On a point of order, Madam Temporary Speaker. On the same note, is the distinguished Sen. Ong’era in order to refer to you as Madam Speaker, Sir?
There seems to be confusion in the House.
Madam Speaker, I know you are Madam Speaker.
Mr. Speaker, Sir, as I was stating---
Madam Temporary Speaker, indeed, it is a testimony of those who have worked with her locally; they talk about her humility. They talk about her being very meticulous and thorough in preparations for the plays, music and so on, to the point of being regarded as a thorn in the flesh of those of her colleagues who wanted an easy way out and who were not as prepared for what they were going to do and so on. They talk of her as being fully committed and passionate in the realization of her dreams. So, “Mr. Speaker, Sir”, what we are now---
You are excused! 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.
Madam Temporary Speaker, having been in the National Assembly for over 20 years, I am used to the words “Mr. Speaker, Sir.” That is what just comes out automatically. But I am undoing it now, Madam Temporary Speaker, “Sir”.
Sorry, Madam Temporary Speaker. She followed a long trail of Kenyans who have done very well. Of course, we have our own President Obama, a Kenyan who is now the President of the United States of America, the Nobel Laureate, the late Prof. Wangari Maathai and many other Kenyans who are not all that well known. The other day, I was surprised when I went to the United States and I learnt that one of the top scientists at NASA who takes those jets to the moon and everywhere else is actually a Kenyan. One of our top Information Technology specialists in the world is actually a Kenyan. In fact, when I look at what Kenyans are doing out there, and they all rank top, I began wondering this is happening. Somehow when Kenyans go out there, their talents come out and so on. However, when they are within here, we do not really appear to have the environment in which people can really discover their talents and make them work for them. So, it is a very big challenge to Kenyans and to our society here to try to create a society in which talent can be nurtured. Madam Temporary Speaker, Sir, I want---
Madam Senator, now that you are insisting on calling me Madam Temporary Speaker, Sir, throughout, your time is up!
Thank you very much, Madam Temporary Speaker. I think I want to agree with everybody else who has spoken before me. I think there is absolutely nothing new that I can add. Mine is to just say that we, as the Senate, are extremely honoured to be associated with the father of Lupita, Sen. (Prof.) Anyang’-Nyong’o. This is a man, hon. Senators have known to be a very great inspiration to many people. I think knowing the history of her father literally ties Ms. Lupita to the very aspirations the family has had for many years, including their dominance in many other areas like intellectualism and medicine. Madam Temporary Speaker, mine is to simply also congratulate Ms. Lupita for not only winning the Oscar, but for the demeanor upon which she has tried to project herself with the style and eloquence, which actually many of those who have monitored Hollywood, would tell you that this type of success is reminiscent of a very intellectual powerbase, with respect to the comments. Even as she won the Oscar a lot of the comments that followed from what I call the critiques of theatre or Hollywood, said that her speech was undoubtedly the best. This is because in her speech she realized where she came from and inspired many of us who feel that we need to also aspire for the greatest heights. So, as we sit here in this Senate, I think that many Kenyans have set the trend upon which we want this country to rise out of. This county has for far too long been able to drive itself on other factors other than meritocracy. I do recall one of the Senators saying the Lupita might have come from a family of opportunity, but that does not mean that it took away the hard work for her to get where she is. So, I think that many of us have had the wrong role models, particularly, the politicians. I once saw an article that said that most of the Kenyan celebrities are actually politicians. That celebrity, stardom or status is earned through issues to do with the kind 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, Madam Temporary Speaker. Is it in order for Sen. Omar Hassan to insinuate that whenever anything fails, even a microphone, it must be Chinese, when China is a serious global partner and the best partner of this Republic? Counterfeit can be counterfeit, but you cannot call it Chinese
Madam Temporary Speaker, in fact, I was trying to praise China; that you can put off a microphone from different positions.
On a point of order, Madam Temporary Speaker. I would appreciate if you could rule Sen. Murkomen out of order, because this set is, in fact, printed that it is made in China.
Order, Senator! Sen. Hassan, if you have insinuated that Chinese products are substandard, then I will require that you withdraw that statement and stick to your contribution.
Madam Temporary Speaker, I did not say that. That is an insinuation that was borne out of Sen. Murkomen. In fact, Sen. Billow has actually confirmed that there is a sticker written “made in China.”
Can you confirm that your statement is in good faith?
Madam Temporary Speaker, it is in absolute good faith that holds to the demeanor and stature of the Senate. Madam Temporary Speaker, to allude to my last statement of support to Sen. Dullo’s Motion, we, as a Government, people and society, must start to meaningfully invest in this alternative field. I believe that these are also avenues of employment for young people. These avenues can create and generate wealth and enormous resource for our nation. If we can invest in this, we can be sure that it will also be an income and tax earner for this nation. The Governor for Machakos started something called “Machawood.” That is actually intended to build the film industry. If we can start a soccer academy and professional footballing in this country, sooner than later, we might have Kenya in some of the highest echelons of achievements in sports and arts. Madam Temporary Speaker, I want to, again, congratulate Sen. Anyang’- Nyong’o for the great achievement. Although it is not his directly, I think that he played 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 very much, Madam Temporary Speaker, for allowing me to contribute in support of this Motion which was moved by a very well-versed, Sen. Dullo, from Isiolo. Madam Temporary Speaker, I am happy that, at least, this is coming from a lady who is in her 30s. She must have gone through the school drama society and won several awards for her to be where she is now in America. In Kenya, we have such talents in schools. These ladies and gentlemen perform very well. Much as we find students performing very well in drama, Science congress and music festivals, nothing happens after that, even after performing in State House. They are given maybe about Kshs50,000 by the Head of State or just a talk of encouragement. From there, nothing else happens. So, this is an eye-opener. If a lady like Ms. Lupita can go on her own to the United States, propel her talent and become number one in Oscar awards that is encouraging. There are very many other wasted talents, which otherwise the Government would have tapped. I am, therefore, appealing to the Ministry concerned, to make sure that those who win awards in drama festivals and other festivals, particularly the Sciences, are sponsored to even higher levels, so that we can even tap more talents and get more of the Lupita Nyong’os winning. Madam Temporary Speaker, there are many others who have been forgotten having done very well. Particularly in marathon, we have had quite a number of young people winning several marathon awards, even for five years consecutively. For example, Ngugi won the world marathon more than five times. There is also Lang’at. After we honour this lady, we should even recognize the other young men and women who have done Kenya proud. If we only concentrate in the Oscar award, many other awards might go to waste. That is why the Senate should go a step further and recognize those people who have done Kenya proud, particularly in marathon, football and so on. Madam Temporary Speaker, I also remember 1499 when Vasco Da Gama went around the Cape of Good Hope and managed to get to Malindi. He found an African Swahili man called Majid. For many reasons Majid has not even been recognized to have done Kenya proud. When he was found by Vasco Da Gama in 1499, the same Majid from Kenya, took him all the way to India to a town called Goa in 1502. He took three years to take Vasco Da Gama across the Indian Ocean. Since that time nobody even seems to care about what he did. This is a gentleman who did very well for Kenya. So, Kenya has been doing very well right from the 15th Century. Therefore, we can have a committee or even somebody to think about culture and those who have done very well, including, Munyao who went up Mt. Kenya to hoist the Kenyan flag during Independence time. These are heroes who have gone and we are not even remembering them. We only remember them once in a while. Even for this case, maybe after next year, Ms. Lupita Nyong’o will be forgotten. Why can we not come up with a monument or a structure which can be constructed in the name of past heroes who have done us proud in 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.
Madam Temporary Speaker, first, I want to thank Sen. Dullo for bringing this Motion at the very appropriate time. I also want to congratulate Ms. Lupita Nyong’o for this very significant achievement. It is clearly the result of very hard work, perseverance, focus and commitment. Madam Temporary Speaker, I also want to join others in thanking the parents for providing a conducive environment and the teachers who guided her through and encouraged her on this course. Her success will obviously inspire many other young people in this country to develop their talent and bring them to the fore. This is clearly a historical and landmark achievement, which has put Kenya and Africa on the world scene in a very positive way. Madam Temporary Speaker, we are all aware that there are many parts of the world where Africa is still seen as a dark continent. Out there when you speak about Kenya and Africa, images emerge of hunger, poverty, lawlessness, road carnage, tribal conflicts, bloodletting, drought and rampaging floods, internally displaced persons, refugees and all that. I believe that Ms. Lupita’s success has helped to reduce the negative impact of these images. There are people out there who will start seeing something good coming out of Kenya and out of Africa. Ms. Lupita has cleared brought immense goodwill for Kenya and this goodwill will help to enhance brand Kenya. What she has done for Kenya will take the efforts of all our diplomats working together for many years to achieve if they do at all. The only other time when Kenya has featured prominently in glory is when our athletes have won medals in international competitions. However, Ms. Lupita’s performance and success in the world of arts and entertainment industry has brought a different perspective. Indeed, there is a completely different dimension that Kenya has other forms of talent. The questions we must now ask ourselves are; how do we identify these talents? How do we motivate those with talents to move to greater heights? What measures do we put in place to nurture these talents? What facilities or what infrastructure do we provide 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.
Madam Temporary Speaker, Sir, I rise to support this Motion by my good friend, Sen. Fatuma Dullo and to say that as early as 3rd March, 2014, the Times Magazine noticed the talent in Ms. Lupita. As I contribute, I just want to read just a portion of it just for record as to how they described Ms. Lupita Nyong’o. The director said “passing is the humanity, she is the dignity in the tale, she is the grace in the film and you cannot make that up. The person has just to have it. Ms. Lupita is the real deal, she is a real artist. I saw a lot of beautiful girls, but there are not a lot who can do it from inside out.” This is a proper description of an artist, the person we are seeking to recognize, but it begs the question and as I have heard from the contributions, I am beginning to wonder whether we have watched this movie in detail. In this movie, they have got nothing to celebrate. It is a sad story of how people were mistreated in slavery. It takes Ms. Lupita Nyong’o being whipped severally by her master for her to become a hero; it takes Ms. Lupita to be defiled by the master in the film in order for her to become a hero. So, there is a message in it. As we recognize Ms. Lupita for demonstrating the sort of oppression that was there in America sometimes back, we must also begin to ask ourselves the question that it took a Kenyan girl, 31 years old, to show the story of American slavery to Kenya. The question we must ask ourselves is whether or not we ourselves need to confront the truth of the things we have done in order for our story to be shown by the Americans. The Americans have recognized that they mistreated their own people, therefore, they made a film in which Ms. Lupita Nyong’o is the hero. I was happy to see Sen. (Prof.) Anyang’-Nyong’o looking very nice in a tuxedo and supporting Ms. Lupita when she was getting the award, but this lady defined the simplicity of this country, the simplicity of the youth and I identify myself 100 per cent with the talent that I have seen. There is something wrong about ourselves because it takes Mr. Ezekiel Kemboi to go out there and run tirelessly for him to win and come back a hero. It takes Ms. Lupita Nyong’o to go through so many rigorous training in school for her to come back as a 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.
You have to wind up in 30 seconds.
I think there is a mistake with the timing. In 30 seconds, I want to say that in recognizing Ms. Lupita as a person who should be given a commendation, I believe this country ought to give her yet another role as an ambassador of good will for the oppression of women so that the women of this country can know that, indeed, the womenfolk have come from far, whether it is in America or Kenya.
Sorry about that. At this time because of the timings, as it is in the Standing Orders, I have to call upon the Mover, Sen. Adan Dullo to respond.
Madam Temporary Speaker, I wish to take this opportunity to thank my colleagues who have really contributed to this particular Motion although, initially, it looked like a fancy kind of Motion, but it has really attracted a lot of attention, especially regarding the concerns raised by Members. I believe that there is a lesson that can be learnt from the achievements of Ms. Lupita Nyong’o. Clearly from the recommendations and concerns raised by my colleagues, it is really important for us to urge the Committee of on delegated legislation to look at the HANSARD and pick out the recommendations made by various speakers and try to see how the county government can implement them. This could be quite useful to our youth and women in this country. Madam Temporary Speaker, one of the concerns that I wanted to point out is the way this Motion has brought us out in terms of nationhood. We have a lot of insecurity and fighting between communities living in our counties. If we encourage the creation of films and music between the communities, it would be one of the unifying factors. It is important for us to look at the recommendations and see how we can implement them. Finally, I would like to say that we urge the county governments to see how they can budget for the interest of youth in the country so that we can nurture and exploit their talents. Finally, I wish to thank all those who have contributed to this Motion and as for Ms. Lupita Nyong’o, the sky is the limit. Thank you, Madam Temporary Speaker.
As you are aware, this Motion does not concern counties, so I will proceed to put the Question.
On a point of order, Madam Speaker.
Senate Minority Leader, what is out of order?
Madam Temporary Speaker, nothing, but I just want to request the Chair that following this successful Motion - and I congratulate Sen. Adan Dullo - that the Chair directs the Clerk’s Office to get the HANSARD proceedings and mail them to Ms. Lupita Nyong’o for her records. 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.
Well, going by the mood of the House, I do not think that is an extra ordinary request. That can be done. It is so directed. Next Order! Order, Senators; the Motion under Order No. 9 has been deferred at the request of the Mover. PROVISION OF EDUCATION FOR DECEASED OFFICERS’ CHILDREN THAT, aware that many officers serving in Kenya’s National Security Organs die in the line of duty; further aware that most of them are very young with those who are married having young spouses and children; concerned that the compensation given to their next of kin is not adequate to cater for the needs of their immediate family members particularly their children’s education, family upkeep and other basic needs; the Senate calls upon the National Government to provide for the education of the deceased officers’ children up to university level to cater for the basic needs of their immediate families.
Next Order! COUNTRYWIDE CIVIC EDUCATION ON NEW DEVOLVED SYSTEM THAT, noting that the Constitution of Kenya, 2010 fundamentally changed the architecture of Government in the country; aware that many people in Kenya including elected leaders are not conversant with the new structure and especially the devolved system, the Senate urges the national executive to undertake comprehensive, well structured and systematic civic education countrywide on the new system so that Kenyan people can understand and positively participate in its implementation.
The Motion by Sen. Amos Wako has been deferred at the request of the Mover.
Let us move to the next order.
Thank you, Madam Temporary Speaker. The Motion in front of us is one I consider to be very important for this nation. It is an issue that affects every person in this country and mostly Members of the Senate and the National Assembly. All the elected persons in this country are concerned about the security of this nation. I wish hon. Members would see it that way because it is a matter of national importance. 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, Senators. First of all, Sen. G. G. Kariuki, I think it would be in order if you first moved the Motion. Hon. Members, unless there is something completely out of order, allow him to finish moving and then you can point out what, in my opinion, I have not noted.
Madam Temporary Speaker, the Senator has already realized his mistake. He was debating without moving the Motion. I think he has now acknowledged and he will move the Motion. That is the point I wanted to raise. FORMATION OF A COMMITTEE TO UNDERTAKE SECURITY REVIEW IN KENYA
Thank you Madam Temporary Speaker. I want to thank my friend, the former Provincial Commissioner (PC), whom I liked very much. He worked very hard.
Order, Senator. You have not yet moved the Motion. You have to move the Motion before you start making your contributions.
Madam Temporary Speaker, I beg to move:- THAT, aware that national security is prerequisite for maintaining a stable nation state; concerned that Kenya continues to be confronted by factors that threaten national security such as terrorist attacks, road carnage, cattle rustling, inter-ethnic conflicts, food shortage and floods; further concerned that various forms of threats to national security, such as cyber-crime and terrorism, constantly mutate thereby posing a challenge to security organs; appreciating the efforts of successive governments to safeguard national security; noting with concern that despite the efforts insecurity continues to increase; further noting that no security review has been carried out since Independence to forge a common strategy on safeguarding national security; the Senate urges the National Government to constitute a Committee to undertake a comprehensive security review with a view to formulating modern strategies capable of containing crime and safeguarding national security interests. Madam Speaker, by moving this Motion, I am guided by Article 238 of the Constitution which is very clear. For the record of the House, I will refer to it so that we are clear on what we are doing here. First of all, I will give the description of “national security.” “National Security under Article 238 is protection against internal and external threats to Kenya’s territorial integrity, sovereignty, its people, their rights, freedoms, peace, stability prosperity and other national interests.” Guided by that article, national security represents all the interests that Kenya has in and outside Kenya. That is why this Motion is very important. If the security of a nation is not guaranteed and assured, then we have not assured the people of Kenya of good living, food, investments and there is nothing you have assured the people of Kenya when the security situation is the way it is today. 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.
Madam Temporary Speaker, I rise to second this Motion. On the onset, I want to thank Sen. G.G. Kariuki for coming up with this Motion at this time when Kenyans are becoming very security conscious as a result of the incidences that we witnessed sometime, not long ago. The Mover of this Motion has stated what is worrying the 40 million Kenyans who reside in this country called Kenya. In the National Anthem, we have a stanza asking us to love and protect our country and we sing it with pride. With the trend of insecurity 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!
Madam Temporary Speaker, I second this Motion.
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, Madam Temporary Speaker. Allow me to congratulate my good friend, Sen. G.G, the distinguished Senator for Laikipia County, a county that has more than its fair share of security challenges in this country, for bringing this Motion. Indeed, Sen. G.G. has constantly been on the frontline in talking about matters security. Madam Temporary Speaker, he has listed many things and articulated them well. I think that it is a concern of this Senate. Take something like road carnage and other serious security challenges that the distinguished Senator for West Pokot has spoken about; until and unless we have serious change in attitudes and approach to these things, we will continue having these challenges. It is not that we do not have the law. We have the law, but it is just corruption and lack of the will to enforce the law. Madam Temporary Speaker, when you take the issue of road carnage and I take this opportunity to send condolences to families in western Kenya, one in Vihiga, that lost 15 members in one road incident--- Yesterday, a truck ran over school children near Webuye, killing them instantly. The roads are there and some are quite motorable. But the problem is failure to observe and enforce the rules. I agree with Sen. Lonyangapuo. How does banning travelling at night reduce road carnage? A speeding and reckless driver will be reckless both in the day and at night. He will continue causing accidents. In fact, many of the bad accidents that we are seeing today occur during the day. Madam Temporary Speaker, I have said before that one man called hon. John Michuki brought sanity to our roads in less than two months, by simply being uncompromising and saying that the law must be followed. Many of us really interacted with hon. Michuki and he used to have a very simple philosophy in life. His was reward and punishment. There were no two ways about it. You are either rewarded for what you do or punished for it. He was able to bring a lot of change. Madam Temporary Speaker, if you look at what is happening between the counties of Pokot and Turkana, the Government cannot just stand aside and watch. They have the capacity, forces and money from taxes, to send personnel to tackle the challenges that those counties are facing. Look at Moyale in Marsabit County; forces from a neighbouring country have been walking in an out of our country at will. Look at Turkana, at the tip near Kibish, the Merilles have been walking in and out of our county at will, yet we have forces. We vote for money every year and we have a well trained army and police. Everytime they go out there on international assignments, they are always feted as the best. Why can they not be the best in Kenya also? This is the problem. Madam Temporary Speaker, until we realize what threats face this country and even those vested with authority to guard our country, lives and realize the enormous responsibility placed on their shoulders, so that we do not see what we saw in form of the bungling of the Westgate Mall--- The other day an explosive device went off at the airport and the Inspector General said that it was a bulb. I was shot at and the Inspector General said that I hit a billboard on a road where there is no billboard. When there are problems, let us not look for excuses. I did not even accuse anybody of shooting at me. I told the police: “My car was shot at. Who did it and why?” It was as simple as that, but then they diverted it and looked even more ridiculous saying that I hit a billboard, where there is absolutely no billboard. This is not just about me, but many Kenyans. You saw 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.
Senator, your time is up.
Madam Temporary Speaker, let me, first, congratulate Sen. G. G. Kariuki. Ever since he came to the Senate, he has been very concerned about security issues. Every Motion that he drafts concerns security. No wonder he was at one time my Minister for Internal Security. The issue of insecurity in this country is real. We have recently noticed and heard of crimes that we had never heard before, for example, in Kirinyaga, Murang’a and elsewhere. Most of them ended up in deaths of innocent Kenyans. The issue of cattle rustling is as old as this nation. One wonders why it has taken this country and the governments that have been around this long to stop this menace. It is like an accepted practice yet it destroys people’s property, livestock and loss of lives and we take it as normal. Madam Temporary Speaker, lately, urban crime has been very severe in this country. Last week, there was a shootout near The Nation Centre and an innocent woman 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.
Madam Temporary Speaker, I rise to support this Motion and before I do that, I wish to congratulate my colleague Senator, Sen. G. G. Kariuki, who for a long time has been very concerned about the security of this country. The review of the security situation in this country is very absolute. There are obvious and enough reasons to support the fact that we really need to relook at our security once more. It has been 50 years since we became independent and there are certain things that have changed and have changed radically and we must be able to recognize them in order to address the security situation. For example, in 1963, there were only one million people living in urban areas in this country. Today, 50 years later, there are close to and above 15 million people living in urbanized areas. This number has increased exponentially and radically as a result of the influx. In other words, the people living in urban areas have not prepared themselves adequately to live in urban areas. Therefore, they have moved into urban areas haphazardly, unprepared and yet they would want to have a source of living within urban areas. With closeness of people living together in urban areas, it should be clear to us that their behaviours and their mode of action is going to be different. Therefore, it is going to affect the way we relate to each other. The issue of mutation of crime has already been mentioned and I do not want to spend a lot of time on that. We know that the crimes committed in 1960s are not the same today. This mutation is one of the things that worries us. One of the more recent ones is to do with terrorism. These are people who are heartless and who have no reason to kill other people and yet they do so and exist amongst us. The laws that we have before were not contemplating this kind of behaviour by individuals. Therefore, these changes that have taken place over a period of time are things that worry us. So, we need to relook at the security arrangement we have in the country. For example, kidnapping is a very new phenomenon and yet it is that dangerous. We also have things that have changed recently. In the recent past, this country has been blessed with the discovery of oil, a resource that is for the admiration of others. Therefore, other things have come in. We will soon be having threats from the borders of this country. Neighbouring and far-flung countries will start to admire the resource that we have in our country. Our country is perhaps ill-prepared to protect these new finds in our territory. We will soon be discovering oil in the sea. Therefore, the security arrangements we have at the moment are inadequate to protect this resource. It is very important that we review the security situation in this country. Perhaps one of the ways of reviewing the security situation of this country is addressing how we relate to our neighbours. Addressing the security situation of this country is also part of addressing how we address our neighbours. Part of these arrangements will need to look at our international policy and relationships with others so that we do not attract enemies that may come to our country. It is very timely that the security arrangement of this country is looked into again in the light of some of the reasons that have been given in this House and those I have talked about. Some of the ways of reviewing the security situation of a country are simple and straightforward and some of them are already known to us. One of the greatest setbacks we have with regard to security in this country is that we lack data. This is the why foreigners can walk into this country, commit crimes and 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, Madam Temporary Speaker, for giving me this opportunity to contribute to this Motion. I think national security, especially where it has been achieved, is the best thing that a country can have. It is probably the reason why we have very many people migrating out of developing countries. Canada has been named as the best country to live in. The reason for that is that if you go to Canada, you will get houses without gates or walls; and people park their cars outside and leave the door open but nobody bothers to open the cars. This gives a state of comfort to everybody and a sense to work harder. You know that once you have an investment, it will be a secure investment and you do not have to struggle to protect it. In Kenya, you have to struggle for investments. You have to ensure that you employ body guards, install CCTVs and still, you are not protected. You will try to protect yourself in the house but how will you protect yourself in the streets? There is danger everywhere. This is not something unachievable. Other developing countries have put in more efforts than we have, for instance, Rwanda. We recently visited Rwanda and we were amazed by the level of freedom and trendiness, ease and we were told that we could walk even at 12.00 midnight without worrying, even for women, and not worry that somebody will jump from the bushes and attack you suddenly. There is a sense of respect, decorum and safety and that is what we seek. This is probably one of the reasons that people migrate out of this country. When they migrate, therefore, that becomes a loss to this country because they are the same resources that we could have utilized to ensure safety and develop this country to better heights. There is a strong correlation between national security and development. When people feel secure, they work harder. When people feel secure, they know that they can protect their investments better. A country like ours which has faced various levels of insecurity; be it through terrorists attacks, road carnage and food shortage, we always feel the implications in terms of the socio-economic and cultural indicators. If we do not have security, obviously, we have a problem. One, we have a problem of unemployment which causes insecurity. You will find that people look for ways to ensure that they make money and make ends meet. 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, Madam Temporary Speaker. I stand to support this Motion. I want to thank Sen. G.G. Kariuki because this Motion has come a time when Kenyans are constantly getting worried about the security situation in the country. I remember towards the end of the last Session when we were about to go for the recess, this Motion was about to appear on the Floor of the House and listening to a number of colleagues, they were saying that there was no need for the committee. Some of them 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. Temporary Speaker, Sir, I would like to congratulate the Mover of this Motion for having brought it to the House, because insecurity impacts on any development in the country and, therefore, it is important, urgent and strategic for the country to deploy new strategic ways of combating insecurity. We should look at every sector because it is not only terrorism or cattle rustling; we need to have security in every sector. Therefore we call upon the Government of the day to provide security because it is one of its key principles and responsibilities. We therefore call upon them to actually review the security strategy so that they can be able to provide security in every area. It is not only in the urban centres; we also have insecurity in the rural areas, for example, West Pokot, Turkana and parts of Tana River. These are areas where insecurity is thriving. Apart from this committee, we should increase accountability. We usually allocate a lot of money to our security agencies but we are told that we cannot discuss their budget or examine what they do with their money. It is high time we changed that so that the security agencies and the money given to them are actually checked by Parliament so that we can know for sure whether the money that is allocated to them goes to good use. It is sad when we allocate a lot of money and then we are told that the police do not have the proper and enough equipment. Where does that money go to? This committee should review and employ new strategies so that that element of not perusing the security budget should be removed so that Parliament and the citizens of Kenya can question how much money has been spent. Mr. Temporary Speaker, Sir, when I was the Minister for Tourism, Kenya Airways used to carry four million people from West Africa who we used to cage at the airport because we thought they would cause insecurity in the country, but the same people from West Africa would go to countries like Dubai and stay there for a week, spend their money and go back to their countries. What we need to do in this country is to spend the money towards making sure that we build the capacity in surveillance so that an individual can be tracked. In so many countries including our neighbouring countries wherever you go, you can be tracked. If you go to Tanzania and Uganda, you will notice that you are being trailed by security agents. In Kenya, we have legislation and the rules, but there is laxity for purposes of people, maybe to make money. We need also to look at corruption, because it is a big monster in this country. Unless we deal with corruption head-on, we might not be able to address insecurity in this country. How is the budget spent? Is the equipment which is bought second-hand? Unless we investigate that, we could keep on even doubling the budget because of insecurity, but then find no improvement in terms of combating insecurity. Therefore, it is important and prudent that surveillance equipment is in place for our security agencies. Mr. Temporary Speaker, Sir, we also need to make use of modern technology. We cannot be going around with walkie-talkies. That is an outdated mode of communication for the police. We need to have modern technology where you do not even have to notice a policeman on the road communicating. Through technology and retraining of our police force, we can combat insecurity which is making so many investors evade coming to 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 very much, Mr. Temporary Speaker, Sir. I join other Senators in commending the Mover, Sen. G.G. Kariuki, for moving this Motion. He is actually the right person to do so, because he served in the security system of the country for quite a long time and has experience in these matters. Mr. Temporary Speaker, Sir, I was not surprised when this Parliament was elected and the Senate established, that he chose to belong to the Committee on National Security and Foreign Affairs. He brings with him experience and probably, having been out of the Government, he was now in a position to look at these matters again, have a new look and determine a new dimension of dealing with security as a whole. Unfortunately for 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. Temporary Speaker, Sir. I rise to support this Motion. I would like to congratulate the Mover, Sen. G.G. Kariuki, for bringing this very serious Motion to the Senate. I listened to him moving the Motion and I was impressed by his articulation on matters security. I realised that this is a man who has been there and who has seen it all. He has been a Minister for Provincial Administration and Internal Affairs at one point. Therefore, this Motion could not have been brought by a better person, at a better time. Security is the central pillar that holds a nation together. Everything else that we work hard for; excellent infrastructure, enough resources, good GDP and so on, without security can become useless. We have witnessed very strong economies that have come down in a matter of days after they lost their grip on matters security. So, this is a central focal point for any serious Government, any nation and for any community. I think this is the right time that this committee should be set up. It should be a very serious Committee. My suggestion is that this Committee should be constituted, not only of legislators, but should have representations from all the major organs and arms of Government so that we can, in one platform, come up with recommendations. I will not repeat what has been discussed by my fellow Senators. However, I want to draw your attention to something that has always escaped our attention. These are the different kinds of insecurity and violations. We keep on referring to the physical insecurity issues. However, there are other very serious issues. We have psychological violence, emotional and economic crimes meted upon the people of this nation. When you have one person taking off with Kshs20 million in a fraudulent manner, that becomes an economic crime that costs lives and which denies people the opportunity to get good health and infrastructure and anything else that the money could have done. The tragedy is that our criminal justice system has never impressed me. The real criminals, those who commit real crimes, still go scot free and we punish, with a lot of strength, one hungry Kenyan who stole a chicken from his neighbour to go and slaughter for his children who were dying of hunger. One person who has taken Kshs7 billion in one day gets away with it and is even accorded State security. In my opinion, we, as a nation, need to address the root causes of insecurity and not the symptoms. We have dealt with the symptoms for very many years. It is now time that we dealt with the root causes. Why do we have insecurity? As long as our youth are unemployed, we will not be dealing with insecurity. As long as we have very qualified people who are underemployed, we cannot deal with insecurity. For as long as this country has limited resources to be shared amongst very many people, there will always be matters that are perceived to be of injustice in terms of resource distribution. For as long as we have persistently and consciously refused to deal with historical injustices, especially matters that touch on land and other injustices that were meted before, whose consequences generations have had to suffer, then we are not addressing insecurity. The way forward, I suggest, in dealing with the root causes, is to look at bridging the gap between the rich and the poor. Of course, I cannot go into detail of that but 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.
There being no other Senator willing to contribute, I call upon the Mover to reply. 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. Temporary Speaker, Sir. First, I want to thank honourable Senators who have supported this Motion. When I was drafting this Motion, I knew very well that everybody in this country including elected leaders; those in the National Assembly and the Senate, would support this Motion. We are all having the same problems. We are all moving in the same boat and if it sinks, we will all go down. Suffice it to say, we have a beautiful Constitution. The Constitution is given life by the people. Politics give life to the Constitution. That is why it is a political document. It is nothing to do with other things apart from the fact that it is a political document. People sat together and decided to live together. They are in an agreement. We are lucky in this country that we have a new Constitution where we can refer many things. I do not want to go back to what used to happen during my time and how the Government used to act because it used to act within the Constitution even at that time. There was a Constitution and that is what Kenyans did away with it in 2010. That matter ended there. Whatever happened previously is a matter of history. Nothing can stop history from being written. It will continue to be written whether we like it or not. I want to assure my friend, hon. Orengo, that it is true that during my time as a Minister, there was no political murder in terms of assassinations. The Minister for Provincial Administration and Internal Affairs was not signing any detention orders. This was signed by the Minister for Home Affairs. Therefore, I escaped that blame. Many people talk about the Wagalla massacre which happened in 14th February, 1994. I left the Government in 1993, September. Most people in this country continue to say that G.G. Kariuki was in charge. I do not know why they would want to place me somewhere I was not. I, however, managed to set the record straight. I was impressed to listen to hon. Members. I felt very touched that we are walking a very tight rope in this country. It is the right time when our two principals accept that they can have several meetings everywhere. However, without giving security matters the first priority even if they spend all the money that they have, then they should give up all other developments for the sake of security. There can be no development of any kind, let alone food. Food is the worst insecurity you can have in this country. You will find people begging for food and you comfortably give them Kshs5 shillings. After that, you forget immediately. This same guy is praying God that his time will come because he also belongs to this country. We should be very concerned about people who are hungry, and the poor. For no apparent reasons, you will find that many people walk into villages, kill people and just disappear. No one has ever been arrested. For example, in Laikipia, there are so many people that are 30 years old, but because they are not being killed en mass like they did in Tana River and other places, our agony has not been captured in the media when we have gone through a difficult period. In Baringo, Samburu, Isiolo and parts of Laikipia, we have the Kenya Police Reservists (KPRs), but where small farmers are trying to survive, they are destabilized completely by people who have guns when other people have been denied. If this is what used to happen during my time, then I think I have to apologize to God that there was such a problem and we were not able to see. Mr. Temporary Speaker, Sir, the committee I am proposing is very important because this House will come up with a written report. This committee is going to bring 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, first before I put the question, I would like to let you know that this is not a Motion affecting counties and, therefore, we all have a vote.
Next Order! ADOPTION OF REPORT ON FAMILIARIZATION TOUR OF KPA, KPR AND KPC IN MOMBASA COUNTY
Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT, this House adopts the Report of the Standing Committee on Energy, Roads and Transportation on a familiarization tour of Kenya Ports Authority, Kenya Petroleum Refineries Limited and Kenya Pipeline Company Limited, in Mombasa County between 5th and 8th August, 2013 laid on the Table of the House on Thursday 27th February, 2014. Mr. Temporary Speaker, Sir, the main objectives of these visits were:- (1) To familiarize ourselves with the operations, challenges and workings of the State corporations under the Committee. (2) To interact and create links with the State corporations for harmonious working relationship with the Committee. (3) To get informed proposals and enrich the nature of policy and legislation touching on the sectors that could be tabled on the Floor of this House. Mr. Temporary Speaker, Sir, we had three days and on 6th, we visited two organizations, that is, Kenya Ports Authority (KPA) and Kenya Petroleum Refineries (KPR) Limited. On 7th we visited Kenya Pipeline Company (KPC) Limited. One of the 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! Hon. Senators, Sen. Mwazo will have a balance of 57 minutes as the Mover of this Motion.
Hon. Senators, it is time to adjourn the Senate. The Senate, therefore, stands adjourned until Tuesday 11th March, 2014, at 2.30 p.m. The Senate rose at 6.30 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.