Sen. (Prof.) Anyang’-Nyong’o, you may proceed.
Mr. Speaker, Sir, I rise to make a Personal Statement. I thank you for allowing me to do so. Last week, when I was away with your permission, to attend the Oscars in Los Angeles, this House graciously paid tribute to my daughter, Lupita Nyong’o, on being the first Kenyan and the first black African to win an Oscar Award as the best supporting actress.
Mr. Speaker, Sir, my wife and I, and the whole of the Nyong’o family, is extremely humbled by the gratitude that this House expressed and the privilege that we had to be addressed by the Senate of the Republic of Kenya. My daughter, in particular, sends her warm greetings and gratitude for the recognition you have given her.
Mr. Speaker, Sir, while saying so, let me also pay tribute to all those Kenyans who have expressed solidarity and support for this great event. I would also like to pay tribute to the teachers and schools that my daughter went to, beginning with Waridi Day Nursery School, Lorento Convent, Msongari, Rusinga School and St. Mary’s School. All these schools have contributed to the development of Ms. Lupita. I also wish to pay gratitude and tribute to Phonenix Players and all those in the Republic of Kenya who are in the fraternity of acting and drama. 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, on behalf of my committee, the Committee for Agriculture, Land and Natural Resources to issue a Ministerial Statement that was sought by Sen. (Prof.) Lonyangapuo on the Outbreak of Foot and Mouth Disease in his county. Mr. Speaker, Sir, the first cases of the current foot and mouth disease in West Pokot County were reported on 31st December, 2013, in Kapenguria sub-county in Mnagei Ward---
On a point of order, Mr. Speaker, Sir.
What is it, Sen. Danson Mwakulegwa?
Mr. Speaker, Sir, the Professor is not in. Therefore, he will not be able to interrogate this statement. I think it has been a tradition that if the person seeking the Statement is not in, that Statement is deferred until the person who has asked for the statement is in.
Mr. Speaker, Sir, my understanding is that the statement belongs to the House. I gave a very firm undertaking. If you remember very well, because of the urgency of the matter, you wanted me to issue this statement in a week’s time and I requested for two weeks. Two weeks elapse today. The statement was sought two weeks ago. Therefore, given the urgency of this matter, I feel obliged to give this statement. I will supply the written statement to the Clerk’s office so that Professor Lonyangapuo can also have a look at it.
Mr. Speaker, Sir, I---
Order, Senator! Do you want to make a statement?
Yes, Mr. Speaker, Sir.
Order, Senator! Let us dispose of this other matter 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.
Thank you, Mr. Speaker, Sir. I stand guided.
Senator Lisa Chelule! STATE OF MOLO-OLENGURUONI ROAD
Mr. Speaker, Sir, I rise to request for a statement from the chairperson of the Standing Committee on Energy, Roads and Transportation regarding the state of the Molo-Olenguruoni Road. I want the Chairperson to:- (1) Give a comprehensive status report on the progress of construction so far. (2) Why the construction has taken so long considering that the road is only 54.5 kilometeres? (3) Why has there been a change of contractors? As I am seeking for this statement, this project has taken around seven years. Around three contractors have undertaken to do work on this road. So, I wish to know why there has been a change of contractors several times. I also wish to know specific timelines, indicating the date of completion of the project, bearing in mind that it should have been completed in 2012.
Are you requesting for the statement?
Mr. Speaker, Sir, I am requesting for the statement.
Mr. Speaker, Sir, from the Chairperson of the Committee on Energy, Roads and Transportation.
Mr. Speaker, Sir, we will respond to this statement on Thursday, next week.
We will get the statement on Thursday, next week. Sen. (Dr.) Kuti. EXTENSION OF TIME FOR TABLING OF COMMITTEE REPORT
Mr. Speaker, Sir, as you are fully aware, you had ordered the Committee on Health, Labour and Social Welfare to bring a report on the appointment of two nominees to the Parliament Service Commission. This issue came to the House and the Committee through a Message from the National Assembly.
Order, Senator! We have just spoken---
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 had ordered for the 11th? How much time do you need?
Mr. Speaker, Sir, we will table it tomorrow, if it is allowed.
Granted. Sen. Mwakulegwa. CAUSE OF POWER BLACKOUT IN GARISSA TOWN
Mr. Speaker, Sir, there was a statement sought by the distinguished Senator for Garissa County, Sen. Haji, on the power blackout in Garissa. This statement was due today. I have not yet got an official statement, but I got one from the Kenya Power (KP). However, I am waiting for one from the Cabinet Secretary. I will deliver it tomorrow.
I also do not see the Senator here. So, tomorrow should be fine. Next order!
On a point of order, Mr. Speaker, Sir.
What is it, Sen. Billow?
Mr. Speaker, Sir, the hon. Senator for Garissa County had sought an urgent statement regarding the power failure in Garissa. He is out of the country. He had requested that if this matter is noted, I could find out for him.
Then you can stand for him. Sen. Mwakulegwa, you may proceed.
Mr. Speaker, Sir, what I had indicated is that I have a statement which had been forwarded by the Managing Director, Kenya Power (KP). I do not have a signed copy by the Minister. Can I go ahead and read the one from the KP?
There are two issues here. One, we made a determination last time that committees are not just conveyors of communication. While we appreciate that the source of that information should be from Government, to that extent, you should do it. But yours is even from a parastatal. Let us give you until tomorrow. Next Order!
Chairperson of the Standing Committee on Energy, Roads and Transportation.
Thank you, Mr. Speaker, Sir. I had started moving this Motion on Thursday, last week. It is about the Committee visit to Kenya Ports Authority (KPA), the Kenya Petroleum Refineries Limited (KPRL) and Kenya Pipeline Company (KPC) made last year between 5th and 8th August, 2013. Mr. Speaker, Sir, we visited the three corporations to familiarize ourselves with their operations, challenges and workings. We also wanted to develop a working relationship with the key people working in those corporations and acquaint ourselves with all the necessary policies which are in place. We also equipped ourselves with any legislation that could come to the floor of the Senate. Therefore, during our visit, one key observation came to play. We all agreed that all the key corporations be involved. We know the KPA is the key port in East Africa. We also found out that one of the setbacks in the operations of the three corporations is unreliable power supply. That impacts the corporations to an extent that two to three hours are lost due to unreliable power supply. As you know, the port in Mombasa is the only major port in East Africa from Tanzania to the Red Sea. This port is basically relied upon by northern Kenya and also the hinterland countries like Uganda, Southern Sudan, Burundi, Rwanda and the Eastern part of the Democratic Republic of Congo in terms of conveying products to and fro. Mr. Speaker, Sir, the KPRL is the only refinery in East Africa. This refinery was set up in 1963. In 1971, the Kenya Government acquired 50 per cent shareholding. In 1974, the second production line was installed. From 1974 to date, there has been very little upgrade in these facilities. Therefore, the installed capacities of four million metric tonnes per annum are basically not realized. Currently, they are operating at between 30 to 35 per cent. Therefore, it has become almost obsolete. The Government of Kenya has had a policy to protect the KPRL that led to massive loss to the economy resulting in higher consumer prices in the last 28 months. As at the time we were visiting last year, the country had incurred a loss of Kshs13.05 billion. This is the difference between the product sourced from the refinery and the refined products imported directly to the market. If we are to upgrade KPRL in Changamwe at the current facilities, we will need US$1.5 billion. Even with that, the four million metric tonnes have already been surpassed. The current demand in Kenya is 4.5 million metric tonnes. Mr. Speaker, Sir, when it comes to the KPC, the Mombasa-Nairobi pipeline is 35 years old and requires a lot of rehabilitation with some of the equipment being obsolete. The tear and wear is also very frequent. We only have one jetty for fuel off-loading and loading at Kipevu. This handles 99 per cent of the country’s imports. Therefore, it exposes the country. If there is any disruption or catastrophe, then this country will go without fuel. Let me take this opportunity to give an update of these three corporations. I will start with the KPA. The KPA has five major facilities; the Container Terminal, 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 point of order, Mr. Speaker, Sir. I am standing to raise a concern which I know affects many hon. Members. We are supposed to have the report 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. I do not know what Sen. Muthama is referring to. However, the report I have here, has all the pages. I can make all references in line with what the hon. Mover is referring to.
What is the situation with the rest?
The situation is the same.
The situation is same as what? There are two parallel positions? Is the situation the same as Sen. Muthama’s or Sen. Obure’s?
On a point of order, Mr. Speaker, Sir. In view of what Sen. Muthama has pointed out, would I be in order to request that since we have other business that is ready for disposal, we move on to the next Motion so that we allow the Clerk and the Chairman of the Committee to put their report in order and approach us accordingly?
How is the copy of the Mover?
Mr. Speaker, Sir, mine has all the pages. This is just a problem of filing. A few of us have the correct version. I will request that you give me about five to ten minutes to do my recommendations and have the Motion seconded. After that, the clerks can supply the correct version. The papers were laid on 27th February and we circulated other copies last week. Hon. Members had adequate time since last week. If this was missing, then you should have brought it to our attention so that we correct. I was just about to complete my recommendations. I request you, hon. Speaker, to allow me to do so.
Order, Senators! I have heard your pleadings and I sympathise with you. However, I also have a responsibility. Once a matter has been raised and it definitely concerns certain Members, being a House that is supposed to get everything right, we do exactly that. Pagination must be correct. Sen. Muthama wanted to approach the Chair so that we remove the poorly paginated copies and replace them with the correct ones. That should be the procedure for the future. For now, I am afraid that we will have to withdraw the business. Recently, this House appreciated small things and the problem of small things. If it is good for them, then it must be good for us. So, we will suspend this business until we have proper documents in the House.
On a point of order, Mr. Speaker, Sir. As we lay that Report to rest, on a situation like this, who is supposed to be responsible for documentation of reports? We do not expect the distinguished Senator for Taita Taveta to be responsible for the numbering, stapling and other issues concerning the Report. There should be someone else to take the responsibility apart from the Chairman of the Committee. 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 do not think that the Chairperson of the Committee takes responsibility. Pagination is definitely not the task of the Chairperson or Members of the Committee. There are two documents in circulation. One is a good one while the other one is not good. I think in the process of making copies, one may have punched the wrong key. This is just a photocopying problem. I am sure that the Clerk has heard you and that he will ensure that due diligence is done at the photocopying room.
Mr. Speaker, Sir, I had a chance to look at both of them. The one that seems to contain all the pages has not been signed by you, Mr. Speaker. The one you signed is the one with missing pages. The one containing all the pages has not also been signed by the Chairperson. The correct one could be a draft that was not signed.
You can now appreciate why I have suspended it.
On a point of order, Mr. Speaker, Sir. I seek your guidance. Since the report that has been given to us is not the proper one and has not been signed by you and the Chairman, and since you have suspended debate on it, is the suspension effective from the first page of the report? We take congnisance of the fact that the Chairman has been presenting the report and he stopped at a certain point.
Sorry, Sen. (Dr.) Machage. What issue did you raise?
Mr. Speaker, Sir, I wanted your guidance or ruling on the report. You said that you had suspended debate on the report. Does the suspension apply from the first page of the report or will the Chairperson continue from where he left and report to us?
I have suspended the debate on the report because there are assertions that there are two reports in circulation. One, there is the correct one that has been signed by the Chair, with all the pages and some Members can confirm that there is such a report. Other Members have said that there is a report which is not proper. So, on the face of it, that is why copies of the proper report which was tabled on the Floor are produced and given to the rest of the membership. We should also withdraw any other report that was not tabled. Let us not belabour this issue. This was a matter of photocopying, and pagination was not obtained properly.
On a point of order, Mr. Speaker, Sir. I hope that you will not throw me out. We all know about the efficiency of the Office of the Clerk. Obviously, there might be a problem of capacity and that is why there is not enough human resource. In view of this unique situation, allow me to bring two qualified boda boda boys from Mumias so that they are employed to do photocopying work.
On the face of it, Sen. (Dr.) Khalwale, how does photocopying and boda boda relate? We cannot allow you to solicit employment for your constituents on the Floor of this House. That, you will do elsewhere.
Before we move on to the next order, let me dispose of a few other things. 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 have a communication to make. You will recall that on Tuesday, 25th February 2014, the Senator for Elgeyo- Marakwet County, Sen. Murkomen, rose on a point of order and sought guidance from the Chair on whether the Senator for Garissa County, Sen. Haji was properly dressed within the meaning of our rules. For the benefit of Senators who were not in the House at the time, the Senator in question was dressed in a kanzu . I then allowed several Senators to comment on the matter as custodians of our practices and procedure and, consequently, promised to give a ruling on the same at a later date. Hon. Senators, the mode of dressing for Senators is defined in the Speaker’s Rules. In particular, Rule 5 states as follows:- “Members are required not to enter the Chamber, lounge or dining room without being properly dressed”. Proper dressing, therefore, has been defined as a coat, a tie, long trousers, socks and shoes or service uniform, or decent national dress for men, an equivalent standard for women, with hats optional. Hon. Senators, the question of proper dressing or otherwise in the House, so defined in the Rule quoted above has been a constantly recurring phenomena in Parliament over the last 50 or so years that Parliament has existed as an institution in independent Kenya. As Senators may expect, several communications have been made on the subject matter. For instance, as early as 16th April, 1968, the Chairperson, while responding to an objection on the dressing of a Member ruled as follows:- “Hon. Members, as I have said on other occasions, we have no Standing Orders concerning dress which I can enforce. It rests on the collective opinion of the House as to what is or what is not proper dress. If Mr. Mbugua does not meet with the approval of hon. Members, he will doubtless hear about it”. Similarly, on Tuesday 9th November 1993, the then Speaker of the National Assembly made this ruling, and I quote:- “As a guide, hon. Members are allowed in the Chamber while wearing a coat, collar, tie, long trouser, socks and shoes or service uniform or decent national dress for men and an equal standard for ladies. As practice also, hon. Member of the Islamic faith have, in addition, been allowed to wear a white kanzu buttoned at the neck and with a jacket, preferably a black one worn on top, a cap, socks and shoes” Hon. Senators, I can go on and give you numerous other rulings on the matter. As a matter of fact, a Motion was moved in the House on 18th July, 1963, urging the Government to set up a dress committee to recommend the design and form of an official dress to be worn by Members of the House. From the records, the Mover of the Motion appears to have been wearing what could be described as a traditional dress. As you can deduce from the foregoing, therefore, the application of the Speaker’s Rules on dressing has been applied with some degree of wide latitude. This is further compounded by the elusive concept of a national dress. 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 thank you for that very elaborate ruling. Indeed, as you read from the history of this Parliament and this country, Members of the Muslim faith in particular have been wearing the kanzus in the previous Assemblies and we appreciate that. I wanted, on the basis of the Statement you gave, to give further clarification, especially with regard to the Committee sittings. Does that dress code extend to the sitting of committees because there are incidences where Members of Committees tend to appear in the meetings very casually dressed?
I want to thank Sen. Billow for raising that particular issue. I wish to confirm that what is considered proper, acceptable dressing in the plenary is the same dressing expected in the Committees, unless, of course, you are in some public rally. If you are in a seminar that is up to you, but any business relating to your role as a Senator in the House either through Committees or through the plenary, the same dressing is expected of you. I really want hon. Senators to get this very right. It has been a worrying trend where Members go to the committees in any manner of dressing, oblivious of the fact that actually a committee of the House is an extension of the plenary. So, let us get it right from today henceforth. The Chairperson of a Committee in his or her capacity as the Chairperson of the Committee has all the powers and privileges of the Chairperson of the plenary. You can throw out any Senator who is not properly dressed. Thank you.
On a point of order, Mr. Speaker, Sir. While I appreciate the directive, I am aware that when we go to Mombasa, we actually sit as committees outside the Chamber. Does that ruling still apply because I have even seen the Chairperson not in a tie in such sittings?
The issue of Mombasa is a matter of environment. If I borrow from even the language of the Constitution, sometimes when some procedures are not properly spelt out, you will be told that with proper modifications of another procedure. So, for purposes of the environment and not only in Mombasa; in places like Kisumu, north eastern and northern Kenya where the temperatures can be as high as above the human body, it will look completely nonsensical to continue remaining in your tie and jacket and you are sweating thoroughly. So, make sure it is the acceptable, proper and decent dressing. 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 move the following Motion:- THAT, pursuant to Standing Order No.18 and Article 107(1) (c) of the Constitution, the following Senators be elected to preside over the sittings of the Senate in the absence of the Speaker, the Deputy Speaker and Members of the Chairpersons Panel for the period 11th March to 20th March 2014; Sen. (Dr.) Machage and Sen. Mositet. Mr. Speaker, Sir, this is a straightforward Motion. I know with the work we have bestowed within your office, it will be very difficult to say that you can sit on the Chair the whole time we have a sitting. I ask Sen. (Prof.) Anyang’-Nyong’o to second the 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.
Mr. Speaker, Sir, I stand to second the Motion moved by my friend, Sen. Elachi, and the reasons she has given are enough and sufficient to persuade the Members to support the Motion. I beg to second.
Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT, noting that the Constitution of Kenya (2010) fundamentally changed the architecture of the Government in the country, aware that many people in Kenya including elected leaders are not conversant with the new structure, especially the devolved system; the Senate urges the national Executive to undertake comprehensively well structured and systematic civic education countrywide on the new system, so that the Kenyan people can understand and positively participate in its implementation. Mr. Temporary Speaker, Sir, civic education is always very important, but it is particularly important at a time such as this when we are moving from one---
On a point of order, Mr. Temporary Speaker, Sir. The Motion that is being moved is very important, and yet the Senate Majority Leader is grouping all the Members there to have a different meeting, when the actual business of the House is being conducted here. Is he in order? Instead of applying discipline, he is actually the one who is breaking the rules.
(Sen. (Dr.) Machage): Order! Order, Senate Majority Leader! Sit down and listen.
Thank you, Mr. Temporary Speaker, Sir, for that particular ruling. This Motion is so important that I hope that the Senate Majority Leader will truly convey the strong sentiments of the Senate on this Motion---
(Sen. (Dr.) Machage): Order, Sen. Wako! Continue. 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, our new Constitution in itself attaches a lot of importance to citizens’ participation in its implementation. The preamble of our Constitution states that it is the aspiration of all Kenyans to have a Government based on essential values of democracy. Mr. Temporary Speaker, Sir, our Constitution in declaring Kenya a sovereign Republic, states that Kenya shall be a multiparty democratic state, founded on certain values and principles. When you go to Article 10 of the Constitution which deals with values and principles of governance, one of those values and principles of governance is democracy and participation of the people. If you now move to the chapter and those parts of our Constitution which deal with devolution, it states that the objects and principles of devolved government are to promote democracy, give power of self governance to the people and enhance participation of the people in the exercise of the powers of the State and in making decisions which affect them. It also gives the right to the communities to manage their own affairs. Mr. Temporary Speaker, Sir, moving away from the Constitution and going now to the County Government Act, Section 91 provides that structures shall be established that will allow, permit and facilitate citizen participation, including such places like town hall meetings, budget preparations, development project sites and citizen fora at the county and decentralized units. As Chair of the Committee on Legal Affairs and Human Rights, we shall be bringing a Bill to this august Assembly, which will provide for the structures of the citizen fora at the county and decentralized units, enabling Kenyans to participate in matters that touch on governance within the county. Mr. Temporary Speaker, Sir, it must be recalled that we are now operating under the new Constitution, which has changed in very fundamental ways the system of Government that we had before, but more basically from a centralized to a decentralized system. The Constitution also which has one of the most comprehensive provisions of the Bill of Rights---In fact, it has been said that our chapter that deals with human rights, is on one of the most comprehensive in any constitution in the world. Mr. Temporary Speaker, Sir, we know that under Article 1 of our Constitution all sovereign power belongs to the people of Kenya. It is the people of Kenya who will then delegate their powers to Parliament, the national Executive, the county executive, the Judiciary and independent tribunals. I know that we have provided for many institutions, checks and balances and so on. But at the very centre of implementing this Constitution, it is the people of Kenya who have delegated the powers to us, and, therefore, have an oversight role over all of us. You cannot have an oversight over all of us, unless you are properly informed of what the provisions in this Constitution entail. It is Parliament which is exercising the sovereign power of the people of Kenya through legislation. Mr. Temporary Speaker, Sir, it is important that the people of Kenya know the roles of the National Assembly and the Senate. Speaking for myself, and I am quite sure that a number of Senators can bear me out, up to now, I do not think that many people in Kenya know what really the role of a Senator is in a county. We are still in the old system; that I am a Member of Parliament and, therefore, I am actually there to look after their personal interests, if I may say so. They think of us just like any other Member of Parliament. It is really the Member of the National Assembly, through the Constitution, who looks after the direct interests of the people at that personalized level. That is why 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. (Dr.) Machage): Order, Senator!
Mr. Temporary Speaker, Sir, with those few remarks, I beg to move.
(Sen. (Dr.) Machage): Who is seconding your Motion?
Mr. Temporary Speaker, Sir, I want to call upon a professor this time to second this very important Motion. That is none other than himself, Sen. (Prof.) Anyang’-Nyong’o, the father of Ms. Lupita Nyong’o.
(Sen. (Dr.) Machage): That is enough, Sir.
Thank you very much, Amos. Mr. Temporary Speaker, Sir, I rise to second this Motion and to underscore one aspect of this Motion which I think is very important, “that the Senate urges the national executive to undertake comprehensive, well structured and systematic civic education countrywide on the new system so that the Kenyan people can understand and positively participate in its implementation”. Mr. Temporary Speaker, Sir, Sen. Wako, Senator for Busia, has clearly gone through the Constitution and the relevant laws regarding devolution, and stated various aspects of the Constitution and the County Governments Act which brings out the importance of devolution and the aspect of devolution that has not been clearly understood in this country.
On a point of order, Mr. Temporary Speaker, Sir. Here is a chairman of one of the most important committees and he is having a conversation while standing and the attention of the whole house is going there. Consultation is a must, but we must maintain the discipline of this House. So, it is unfair for a Senator to come, stand and start chatting when debate is going on.
On a point of order, Mr. Temporary Speaker, Sir. Is Sen. Muthama in order to mislead this House that Sen. Murkomen is a chairperson of any Committee in this House? Could he withdraw and apologise or substantiate?
On a point of order, Mr. Temporary Speaker, Sir. Is Sen. Muthama in order to suggest that Sen. Murkomen is chatting? Senators do not chat in this House, they consult. Is he in order?
On a point of order, Mr. Temporary Speaker, Sir. First of all, I said that Sen. Murkomen is a chairman of one of the most important Committees in this House. So, get it well. Secondly, I said consultations are allowed, but they should be done 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. (Dr.) Machage): That is enough, Sen. Muthama. Sen. Muthama is very much right and especially knowing that Sen. Murkomen is a Member of the Speaker’s panel. I expect him to understand the Standing Orders of this House which prohibit Members to stand when another Member is talking unless you are in motion on your way out. The Standing Orders are very clear on that.
Most obliged, Mr. Temporary Speaker, Sir.
Thank you very much, Mr. Temporary Speaker, Sir, for saving me from Sen. Murkomen. One of the first things that we should do in educating the nation, particularly the national executive, on devolved government is for us to answer one primary question: Why did we create a devolved government? It is a long struggle from Independence which finally came to fruition when we established a new Constitution in August, 2010. Why did we do this? Sen. Wako has said that one of the reasons we created devolution was to encourage participation from the grassroots level, but also to ensure that there is equitable distribution of development in this nation, which is true. There are very many of us here in this House who write columns in newspapers trying to educate Kenyans in various aspects of the Government and development, but that is not enough because not all Kenyans read newspapers and not even those who read newspapers remember what they read. The art of advertising tells us that the more you repeat a message to people, the more they get the message. I remember when I was growing up and the Corolla car first came into the market in 1965 or thereabouts and at that time the Ford brand was very popular in this country, and Toyota came up with a very powerful advertisement:-
That was repeated over and over again in the radio to the extent that the corolla car wiped out Ford from the market in no time. For Kenyans to understand the importance of devolution, we need messages on radio and television that explain to Kenyans the importance of devolution, just like it happened in the southern state of the United States of America (USA). When African-Americans were freed from slavery, for quite some time, some did not realize that they were free. In fact, they were longing to go back to their masters. This is what is really happening in this country. Some people do not understand and realize that there is devolution and that more and more attention should be put to devolved government. So, we need to drum up the benefits of devolution and the reasons for devolution. If we did, we would not have heard the debate I was seeing yesterday at the Kenyatta International Conference Centre (KICC) about the wage bill. We are trying to climb the tree from the top. If we had started by understanding where these fundamental changes in the Constitution can change the face of this nation economically, issues of the wage bill would become secondary. For example, one of the reasons 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.
Mr. Temporary Speaker, Sir, I want to take over from where my brother has left off. Sen. (Prof.) Anyang’-Nyong’o, has just given us very informative information regarding what he perceives civic education to be. There must be a good reason for civic education. We know, for sure, that our people are not informed about their Constitution. Therefore, our main objective in this Motion is that civic education must be renewed to create a new political culture that we have lost since Independence. Another point I would like to mention is that hon. Sen. Anyang’-Nyong’o talked about killing of devolution being related to lack of material support. However, the reason for this kind of Motion is to empower people with knowledge. I would prefer that people are given more knowledge than material. After they have the knowledge of the Constitution, then they are empowered to demand from their leaders. They are also empowered to determine the destiny of this country. After the elections, they allow leaders to lead them anyhow because they do not understand their authority and power. Mr. Temporary Speaker, Sir, it will take some time for Kenyans to understand devolution unless we move a Motion of this nature. This will take a long time and we will continue to have the problem we are having since we started working on the new Constitution. The new Constitution is very clear. There is no room for the two Houses or for the people of the county government to collide because it is very clear on who is 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 would like to congratulate my brother-in-law and the longest serving---
On a point of order, Mr. Temporary Speaker, Sir. How many minutes is a Senator allowed to cross the Floor before resuming his place? I think Sen. Murkomen has overstayed the other side. I do not know what he is doing that side for that long.
(Sen. (Dr.) Machage): I just want to remind you of the Procedural Motion that you passed at the beginning of this Session and it is very clear on how much time you are allowed to speak on a Motion. If you look at the Order Paper, it clearly shows you how many minutes you are supposed to speak. For now it is 10 minutes.
On a point of order, Mr. Temporary Speaker, Sir. The point I raised was with regard to the Sen. Murkomen overstaying the other side of the House. I do not think---
(Sen. (Dr.) Machage): Order! A Member of the Senate can stay in either side of the House as long as he wants.
Mr. Temporary Speaker, Sir, I request that my time be restarted because those points of order were not against me.
(Sen. (Dr.) Machage): Your time starts now.
Thank you, Mr. Temporary Speaker, Sir. I want to thank Sen. Wako who is my own brother-in-law and the longest serving Attorney-General in Africa. This House will remember that not long time ago, he brought a similar Motion on training and now he has brought one on civic education. This is the way we should move if we want to move with the rest of the electorate and the rest of the populace of the country. The first contribution I want to make is that it is important to incorporate teaching of the Constitution in our school syllabus right from primary school, to secondary school and beyond. Because of your grey hair, you will remember the good old days when you used to be taught civic education in primary schools. No wonder because of that kind of grounding, the older members of the society in Kenya are better placed in providing leadership. Otherwise, without that civic education, people like Sen. G.G. Kariuki and Sen. Wako would not be in positions of leadership in this country. The youth would have knocked them out. But because we have not been preparing our youth very well, this is why we still have senior members of society still in positions of leadership. Mr. Temporary Speaker, Sir, if we embark on this serious issue of civic education, then for the first time, the Republic will ask itself: When we were voting 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.
(Sen. (Dr.) Machage): Order, Sen. (Dr.) Khalwale! You will have your time. Please allow me to recognize the presence of a delegation of faculty and students from the college of Worcester in Ohio, USA. They are led by the President of the college, Prof. Grant Cornwell and the professor of Anthropology, Dr. O’Connel The visit of the delegation underscores warm mutual relations between the people of Kenya and the United States of America. Four Members of Parliament in the Eleventh Parliament were students of Prof. Grant Cornwell at St. Lawrence University in New York State. They have accompanied the group. They are: Hon. Lekuton of Laisamis, hon. Chachu Ganya of North Horr, hon. Lati Lelaliti of Samburu East and hon. Kenneth Akoth of Kibra. You are welcome. Proceed, Sen. (Dr.) Khalwale.
On a point of order, Mr. Temporary Speaker, Sir. Am I in order to tell our visitors when they go back to greet for us Lupita and Obama?
(Sen. (Dr.) Machage): It is very much in order and I hope they will take the message.
Mr. Temporary Speaker, Sir, as I was saying, it will then offer the first opportunity for members of the public to reflect on whether this country needs and can afford 350 Members of the Lower House and 68 Members of the Upper House. I want it to be on record of the Republic of this country that I personally do not believe that our economy can afford that kind of expanded structure of Government. I am convinced that the affirmative action that was meant to be played at Independence was intended to attract special talent into leadership; talent that could not be elected through competitive elections. It is my hope that at the end of this civic education, Kenyans will be persuaded that this expanded room for nominated Members of the Lower House and nominated Members of the Upper House is something we should reconsider. I am saying this without any prejudice against any of the nominated Members of Parliament both in the Lower House and the Upper House. I know that in these five years, they will use this opportunity to ground themselves politically and they will win not just the coming elections, but many more elections to come. We need to address that issue. 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. (Dr.) Machage): Order! Address the Chair and not Sen. Murkomen.
Mr. Temporary Speaker, Sir, as a result of that tough pressure from the people Kakamega, we got an injunction from court and as we are waiting for hearing and determination of the matter, the Governor has been gracious enough and suspended the Bill and I have just learnt from e-mail that the invoices that had been prepared to invoice people at the higher rate are now being shredded. Pressure is solid gold. Even Section 2A went because of pressure. Even colonialism went because of the pressure of MAU MAU. Even the slave trade went because of pressure. This Senate must continue putting pressure. Mr. Temporary Speaker, Sir, the final point that I want to make is about the disturbing issue of the stalemate between the Lower House and this House. This is all, again, because of lack of civic education. If we gave civic education to the Speaker of the Lower House and some of the Members of the Lower House, they would see the futility of what they are doing. Also, the President needs civic education, because how on earth did he come to assent to Bills that had not passed through the Senate when he knows that he is not a President under the unicameral system, but under the bicameral system?
(Sen. (Dr.) Machage): Order, Sen. Khalwale! I have been giving you the latitude, but remember that discussing the character of the President in this House requires a special Motion. Please, desist.
Thank you, Mr. Temporary Speaker, Sir, for bringing me back to the way. Because of the seriousness of this matter, sometimes we digress. I am guided. Mr. Temporary Speaker, Sir, I want to conclude by urging Members that we should support this Motion and do everything possible---
On a point of order, Mr. Temporary Speaker, Sir. I stand disturbed by an earlier comment from the contributor. This is because he indicated that he has a twin brother. As a matter of record, probably---
(Sen. (Dr.) Machage): Order, Sen. Njoroge! Your point of order is frivolous.
Mr. Temporary Speaker, Sir, I beg to support.
Thank you, Mr. Temporary Speaker, Sir. I also stand to support this Motion, knowing that for the last ten to 15 years my main job, when I was in the civil society, was civic education. It was within this job that we were able to go down to the rural and remote areas of Ijara, Pokot and Turkana. In some places, we slept in manyattas. In places like Ijara where you cannot train men and women together, we were forced to train women in the afternoon and men in the morning or vice versa . Mr. Temporary Speaker, Sir, this civic education has yielded a lot because today when you go to those constituencies you have members and opinion leaders within the community who are able to stand and fight for their rights. I want to thank the Mover because I looked at a research that was reported the other day and realized that only 10 per cent of Kenyans know what the Senate does. Therefore, 90 per cent of our voters do 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, for this opportunity to contribute to this very important Motion that has to do with civic education. Mr. Temporary Speaker, Sir, as you might be aware, there is a lot of civic education that took place during the making of the Constitution, but very little has happened after the promulgation of the Constitution. I think that after the promulgation of the Constitution, it was just taken for granted that everybody understood the Constitution. A lot of effort was put before. I remember seeing in the newspapers the constitutional making process, appraisals and updates. People began to engage, but I think we need to remember that the Kenyan society does not have a highly encouraged reading culture. So, you will find that a certain group of people, especially the elite will read and understand. Another big group will not read and understand that efforts have to be put in place to ensure that they are moving together with everybody else and the process. Mr. Temporary Speaker, Sir, so even as we speak about the need for civic education, it is very important, first, to emphasize that in the constitution making process, participation has to be there before, during and after. Participation after promulgation of the Constitution is probably the most important process. This is because after promulgation, some people are keen on the process of implementation, without thinking and going through the role of the citizenry, which is very important. For example, there is the constitutional provision for members of the public to participate during county assembly hearings. The citizens need to put leaders in check, by listening to what they 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, thank you for giving me this chance to contribute to this Motion which, according to me, is very timely. It has come at the right time. This is a Motion that should have come before all the other Motions because it is the mother and father of our mood and nationalism that we have. When we were passing the Constitution in 2010, it was noted that some communities elsewhere did not need to read the Constitution because only one person was required to read it and interpret it. I will not elaborate. When it was asked whether they understood the Constitution---
On a point of order, Mr. Temporary Speaker, Sir. It is the intention of the same Constitution that we want to give civic education to Kenyans that we should respect all Kenyan communities. Is the Member in order to impute improper motives against that Kenyan community?
(Sen. (Dr.) Machage): That is not a point of order. Continue.
What happened was that certain communities believed that when one or two people understood the Constitution, they have also understood it. I said I am not going to elaborate.
On a point of order, Mr. Temporary Speaker, Sir. The hon. Senator has repeatedly made the same remarks that Sen. (Dr.) Khalwale sought your guidance on. Is he in order to suggest that certain communities in this country believe that once an individual has read the Constitution, it means that they all understand it? If that the position, could be substantiate?
The Chair had ruled that to be out of order.
(Sen. (Dr.) Machage): Order!
On a point of order, Mr. Temporary Speaker, Sir.
(Sen. (Dr.) Machage): What is your point of order?
Mr. Temporary Speaker, Sir, the hon. Senator has made it very clear that one individual read the Constitution and his people believed in what he told them. We know we have leaders in this country---
(Sen. (Dr.) Machage): What is your point of order?
Is it in order for the Senator to make this House believe that there is one community that is so stupid that---
(Sen. (Dr.) Machage): Order! “Stupid” is not parliamentary language. Can you refrain from using that word? Use another word.
Mr. Temporary Speaker, Sir, could the hon. Member clarify that there is a community that is so ignorant that they can be told by an individual that this is the way and they follow that way? We know Kenyans have great brains to think for themselves. 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. (Dr.) Machage): Order, Members! Every Senator has his own right to have his own opinion. If the Member’s opinion is that shortsighted, allow him to continue.
Mr. Temporary Speaker, Sir, I will not repeat but it means the way I had said earlier.
(Sen. (Dr.) Machage): Order! You can see many Members do not appreciate that language and approach. I have given you the latitude to change but you do not seem to want to change.
Let me now continue from that point because it is generating a lot of heat but it is true that in Kenya, when you teach history, some people will believe in what you are teaching and others will not agree and will criticize. That is what we call dynamic teaching. That person teaching is called a dynamic teacher. In the Democratic Republic of Congo (DRC), we have Congo which is now divided into various regions; there is Katanga which mines copper and there is Kivu which is known for coffee and other cash crops. We have some other fellows who stay in Kinshasa and they are famous for music. During those days, the then president would go to Kinshasa and ask them to sing. They would sing a lot more until they would earn money from it. That was there way of living. Then the president would go to Katanga and tell people to continue mining copper and he would take all the copper to Belgium. That also happened to the side of the Eastern DRC. So, those who were busy singing and drumming thought that they were the best in Congo, those who did not know anything like pygmies thought that they were the only people living in the deep forest of Congo. So, every group had its own role to play, and they complemented one another. By the time we came to 2010, there was a song for “Yes” and “No” where there was a serious campaign but later on we settled on Yes. That is what happened. Therefore, the Constitution brought something that was understood by everybody. Some people understood it the way the DRC understood; they can sing and drum and they all still lived in Congo. In Kenya, some people believed that their seniors understood and that was all. So, when the Constitution was to be implemented in 2010, there are so many problems because of misunderstanding. People do not understand exactly what the Constitution was all about. That is what I am trying to drive at. We used to learn a lot about the British Constitution. There was a subject taught called History and Government. We learnt about the roles of the Queen, the King, the House of Commons and the House of Lords. In Kenya, just after the Independence, we learnt a lot about the Government at that time. However, as we went on, we forgot about learning about the country. We stopped learning about our country and started learning about other countries like America and how it gained Independence in 1776. Of what use is it to us? We know that America got Independence on 4th July, 1776 and this was a Tuesday. Surely, must we go there to learn that? We should tune ourselves so that the Constitution is a teaching area. It must be taught from Class Four to whatever level. Children should be taught this and the teachers must have been taught in colleges. The colleges should be turned into teaching of the Constitution colleges so that as soon as teachers graduate from those colleges, they teach fellows who are in the villages. This is the only way we can approach this problem. If we 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 thank the Chair of the Justice and Legal Affairs Committee, Sen. Amos Wako, for such a well thought-out Motion in terms of what we need to do as a nation. The country is suffering from acute malnutrition when it comes to understanding the Constitution and particularly with regard to the devolved system of Government. Very many people understand devolution from the perspective of where they stand. There has been a lot of emphasis depending on which office one holds. Devolution is a very important aspect in terms of taking resources back to the people. If you want to understand what devolution is all about, you have to read Article 174. My emphasis on Article 174 is governance by the people. Article 174 says that people should have their own government and determine how they will carry out development at the local level. In fact, Article 174 talks about self-governance at the local level. Devolution, therefore, unlike what many people think is not about a Senator or the Office of the Governor. Devolution is not the County Assembly but the people of Kenya, at the local level, having an institution that they can call their own. Many people have asked us why we are emphasizing issues related to accountability at the local level and yet we are not asking the same question to the President and the Deputy. Every time I answer this Question, I remember that not very many people have had the benefit to read the Constitution. It is important to emphasise to our people that the reason we want to get accountability at the local level is because the national Government is rotten. They knew corruption is rampant at the centre. They knew that the centre has too much bureaucracy. They knew that the centre has been controlled by cartels; men and women who have done business with the Ministry of Finance since 1963. Some are men and women who have done business with the Ministry of Immigration and Registration of Persons since 1963. There is no Government, since I became aware of politics in 1990s whether it was the fourth movement or the Narc Government that did not have a manifesto about corruption because this has taken root. Kenyans know that we have formed commissions after commissions because of corruption. We want to have our own government at the local level. We need to start on a clean slate and ensure that we have a system that is free of corruption. We want a county government that people can call their own. We want a county government where the Governor is not shielded by mean looking black men who stand around him to protect him from access by mama mboga . We want a Government that is open and accessible 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.
(Sen. (Dr.) Machage): Order! Are you suggesting that the Head of State of this country is ignorant?
No, Mr. Temporary Speaker, Sir. However, none of us if they have the necessary humility can be able to say that they know everything. All of us will have to work together to understand a new frontier of issues. It is does not matter whether it is the Head of State, Kipchumba Murkomen or somebody in the village. I do not want anyone to pretend even on our side to be speaking for the President because if the President even knelt in Kasarani Stadium to be prayed for, he is even more humble to learn new issues about devolution. I think if you were to ask him to lead by example, he would be happy to sit somewhere and listen to presentations about devolution. It is important that we ensure that this knowledge is disseminated from the highest office to the lowest office. Mr. Temporary Speaker, Sir, before you asked for clarification, I was saying that if we do not do this, it is only the people of Kenya who actually understand devolution. The leaders do not understand because the Governors understood it to be the flag and the big office complete with a political advisor. The leadership has understood differently but the people of Kenya are still waiting for water, roads and hospitals. When I was campaigning, in one of the hospitals in Elgeyo-Marakwet County called Msekekwa Hospital, I was told that for any woman to be admitted for maternity, they are told to carry along 20 litres of water. Without the 20 litres of water, they cannot be admitted whereas devolution was meant to ensure that that hospital has water. It is not who drives how many cars and who goes to what places. There are so many people saying things that I do not understand. They tell us that the Senator is desirous of going for the money that is at the county level and that we are envious. I want to ask even those who write newspapers, do you want to justify that I, Kipchumba Murkomen, is so envious that if I was allowed to go to Elgeyo-Marakwet 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 would like to support this Motion and congratulate Sen. Wako for bringing it to the House. As we have rightly heard from the last speaker, he said that civic education is very important and it must start at the top. That is very good because it is coming from the Jubilee side. We have seen Bills being signed into law and I think that is a very good message that you have sent out there. Civic education is very important because it will sensitize the public so that they are able to interrogate the work of the leaders. The public does not understand the work of the leaders. For instance, in my county, you will find people calling you and asking you about bursaries and many other things which do not involve Senators. So, if we can actually to roll out this programme to the grass roots so that people can be able to understand what to expect from their leaders, be it the Governor, the Member of Parliament, Senators and Members of the County Assembly (MCA). One MCA said that he wanted to recall the delegation of Senators from Trans Nzoia because they were not working hard enough for the county. They expected to get more money but got less money; I think Kshs3.9 billion instead of Kshs4.2 billion. What the MCA did not understand was that there are formulae that the CRA and Treasury use to arrive at the money that they give to the counties. My county is well known because our population is not very high; we are about 818 million people. So, such kinds of statements, I am sure--- .
On a point of order, Mr. Temporary Speaker, Sir. Sen. Nobwola is talking of a county which has 818 million people and yet even the Kenyan population is about 40 million.
(Sen. (Dr.) Machage): What is not in order?
Is it in order for her to mislead the House that she comes from a county which has a population of more than 800 million people?
Mr. Temporary Speaker, Sir, the population of Trans Nzoia County is 818,000 and not 818 million. It is very important that people are made aware of what devolution is because it is new. People must accept change because devolution is here to stay. The purpose of devolution was to move the power and the resources to the people. In essence, what I am trying to say is that we should all understand what devolution is all about. We should make sure that counties are allocated more money so that they are able to provide services to the people. When we talk about public participation, it is very important because if the public understand the Bill of Rights, they will be able to interrogate how their money is being used. Over the weekend, it was very unfortunate, when I went to some remote area of my county and people have never seen the leaders they elected since they voted for them in March. So, to them, they do not understand what devolution is. People still carry water on their heads and mothers have to walk three to four kilometres to fetch this water. I was so embarrassed and I did not know what to tell them because I am a nominated Senator. I only told them that I was going to see how I can be able to go back there and dig even 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 do not know whether anyone congratulated you for being our Speaker this afternoon. In case it was not done, please, accept my congratulations. You are doing very well. Mr. Temporary Speaker, Sir, I want to thank and congratulate my brother, Sen. Wako, for this timely Motion. If there is anything good that has ever happened to this Republic, it is the new Constitution that embraced devolution. As you know, this was attempted before after Independence, but those who did not mean well for this country abolished devolution. We would be very far if the devolution that was envisaged after Independence was allowed to continue. Mr. Temporary Speaker, Sir, the Motion today calls for education and I want to start from where Mwalimu Karaba left. Yes, we are going to educate the population as it is today – and I will speak about that in a while – but I think that the most important part of education will be to gauge our curricula and ensure that education on the new Constitution and devolution is impacted on the young ones. I will be very sad to hear that as of now, the Ministry of Education has not moved to change the education syllabuses and content of subjects, to ensure that we embrace devolution as our new way of Government. It is true that many people in this country do not know what the new Constitution and devolution are all about. We have heard very irresponsible statements being made even by elected leaders; that we will abolish the Senate, reduce the number of counties or amalgamate Machakos, Kitui and Makueni to be one. It just goes to show that we lack this education. 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. Temporary Speaker, Sir. Is the hon. Senator in order to say that we have being doing nothing for the whole year?
(Sen. (Dr.) Machage): I did not hear that.
Mr. Temporary Speaker, Sir, I respect the gracious lady. Even if I said that, which I doubt, I did not mean literary that. It means compared to what we ought to have been doing.
(Sen. (Dr.) Machage): Did you actually say that?
Mr. Temporary Speaker, Sir, I doubt whether I said that. But if I did, it is to mean that if we did what we ought to have been doing, if we were performing properly, we would be very far today. Nevertheless, I know that the gracious lady knows that we work very hard, but have not reached the target of what we should be doing. We would be doing better if there were no squabbles and superiority contests. In fact, there is no need---
On a point of order, Mr. Temporary Speaker, Sir. Is the hon. Senator in order to say that a year has elapsed and we have done nothing rather than rubbing shoulders?
(Sen. (Dr.) Machage): Order! Order! Allow the Senator to put his point. Please, continue.
Mr. Temporary Speaker, Sir, you will forgive me, but I do not know why the gracious ladies are---
(Sen. (Dr.) Machage): Proceed!
Mr. Temporary Speaker, Sir, what I am saying is that the squabbling that has been going on among the leaders has not been helpful to devolution. Therefore, this is why I am supporting the Motion that we educate the leaders even more than the wananchi. This is because the wananchi know what they want and expect from the devolved government. It is only the leaders who are not up to what they would like to be. You can notice that I am very careful with my words after the first challenge. Mr. Temporary Speaker, Sir, the Fourth Schedule gives the responsibilities of the two levels of government. But today when you look at what is going on, people are jumping up and down; leaving their areas of responsibility and moving to another area of responsibility. I say this because we have seen activities in some counties that are clearly not meant for those counties; that would not be termed to be a prudent manner of managing resources. As we have seen in the report that has been produced by 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.
Mr. Temporary Speaker, Sir, I also rise to---
On a point of order, Mr. Temporary Speaker, Sir.
(Sen. (Dr.) Machage): What is your point of order?
Mr. Temporary Speaker, Sir, as the Whip of this House, I am trying to see how contributions can be made, I found out that we have about nine contributors who are waiting including the one who is about to speak. If each one takes ten minutes, they will take 90 minutes; that is, one-and-a-half hours. Looking at the clock, we have only about 35 minutes to contribute. So, my kind request was to ask Members if they will agree that we do five minutes because that will give us the opportunity to cover the nine contributors and ten minutes for the Mover to respond.
(Sen. (Dr.) Machage): May all those in favour say Aye. 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 also rise to support this Motion and I want to thank Sen. Wako for bringing this Motion to the Floor of the House. Indeed, it is very necessary for the people of this country to be taken through the Constitution. It is a necessary activity that the Government should plan and sensitize the people of this country about the Constitution. As I speak today, I know there are those who do not even have a copy of the Constitution. We all know that most of the people in Kenya were very negative about this Constitution because of the confusion that was brought by the referendum. We can all agree that there was a referendum and there were those who voted for the Constitution and those who were against it. So, it is our responsibility as leaders of this country to make it clear to the people that the Constitution is a real document that there is no way we can ignore it. It is a document that is mandatory for all of us. We are not talking about the Government alone but we, as Senators or Members of Parliament, need to do something about it. Whenever we are somewhere, we can use any means, be it vernacular stations and any other programme that you can plan as a leader from your respective area to make sure that we do something about civic education. Mr. Temporary Speaker, Sir, you will be shocked that today if you go to the grassroots, some people do not even understand the Constitution. They think that the Constitution is different from devolution. You will be surprised to hear from these people that devolution is another document. So, Sen. Wako has brought this Motion at the right time and I support civic education to the people of Kenya. With those few remarks, I support.
Asante sana, Bw. Spika wa Muda. Kwanza, nataka kumtumia heko sana aliyekuwa Mkuu wa Sheria katika nchi yetu ya Kenya, Sen. Wako, kwa Hoja hii. Kwanza, ni kwamba wananchi wa Kenya mpaka hivi sasa tokea tugeuze Serikali yetu iende mashinani, yaani, serikali ya ugatuzi, wengi hawajaelewa maana ya serikali za ugatuzi. Kwa hivyo, kunao umuhimu kwa Serikali kufanya juhudi ya aina yoyote ili watu waelewe uongozi na maana ya ugatuzi katika serikali za mashinani. Mimi nataka kuuliza tu kwamba wananchi wengi wanajua kwamba kuna seneta, gavana, mbunge wa maeneo na vile vile wabunge katika serikali za mashinani. Wananchi wengi hawaelewi tofauti ya mheshimiwa mbunge katika bunge la kitaifa na mheshimiwa katika bunge la mashinani. Kwa hivyo, kunahitajika Hoja kama hii kutiwa maanani zaidi ili kuona ya kwamba wananchi wanaelewa haswa uongozi wa aina hii ya ugatuzi unaweza kueleweka namna gani. Kwa maoni yangu, naona kwamba uongozi huo bado haujafahamika na wananchi. Kuongezea ni kwamba vile vile, sisi ambao tunatoka Kilifi, tuko na chuo kikuu kimoja. Wengine wamebahatika kupata vyuo vikuu vingi lakini sisi tunasema kwamba kunao umuhimu katika silabasi ya wanafunzi wa vyuo vikuu, wanafunzi wa sekondari, wanafunzi wa shule za msingi na silabasi ama somo kuhusu katiba ili watoto wetu wanapokuwa, waelewe Katiba ya nchi yao. La mwisho mimi ningependa kusema kwamba hivi juzi kumekuwa na mtafaruku wa kutangazwa kwamba watu wakatwe mishahara. Jambo hili ni jambo gumu. Hata katika sheria ya wafanyakazi ulimwenguni zinasema ya kwamba mwananchi anayefanya 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, for giving me a chance to add my voice to this Motion which is very important to this House and to our people back at home. If you want to know that our people do not understand the roles of our leaders and that they do not have the basic knowledge of the Constitution, start with people close to you or people who are not legislators. Recently, I sat with friends who came from Nyanza. They did not know who their Senator was. They did not know the difference between the Senator, the Member of the National Assembly or the Governor. This is probably because they have not taken a keen interest or because we have not taken time to repeat it to them. If we embark on serious civic education, then implementation of the Constitution will be done to the letter. When we were dealing with the Wambora issue, people said all manner of things. Some people said that the Senators were fighting the Governor. I believe that if the electorate understood the role of the Governor and that of the Senate, then we would not hear such cases. A country like Rwanda, before it went into a referendum, it held civic education for two years. We are not an exception. The more we educate our people, the more devolution will work. We know that learning is a process. It does not end today, neither does it end tomorrow. The more you drum something into people’s heads and tell them the role of the Senate, the more we will save a lot. This will make Kenyans know how to access certain things. For instance, they will know who should sort out issues regarding roads, school fees and hunger, among other things. Once we understand devolution and the Constitution, all these things will fall into place. This will only happen if we carry out civic education.
Thank you, Mr. Temporary Speaker, Sir for allowing me to make my contribution towards this Motion. I want to agree with my fellow Senators who have made their contributions. First and foremost, I want to thank the originator of this Motion, hon. Sen. Wako. Indeed, I have been wondering how this would happen. I thank God because this has been brought to our attention and that we are making our contributions to this Motion. The issue of creating awareness to the public especially the common citizen at the local level is very critical and timely. The marginalised groups like the illiterate women in the local areas and people with disabilities cannot understand what is happening today. The culture of our Kenyan 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. Before I make my remarks, I want to take this opportunity to condole with the families of 15 people who lost their lives this morning in a grisly road accident in my county. This was a 14 seater matatu travelling from Eldoret to Kisii, I am told. The most unfortunate thing is that the 14- seater had 20 passengers. The question we are asking ourselves is, from Eldoret to Nandi Hills, where the accident occurred, there must have been over ten police road blocks. How do we have a 14-seater matatu going through these road blocks?
On a point of information, Mr. Temporary Speaker, Sir. It is unfortunate but we must all take charge. If there were 16 passengers and yet they were supposed to be 14, why were they expecting the police to take care of them?
(Sen (Dr.) Machage): What is the information?
Mr. Temporary Speaker, Sir, we must all be responsible as Kenyans. We should not wait for the police to take care of us.
Mr. Temporary Speaker, Sir, I regret having accepted to be informed because that is not very relevant. However, law enforcement officers must take responsibility. We hope that as we investigate the circumstances under which that accident occurred, the traffic police officers will take responsibility, especially the Traffic Commandant within my county and Uasin Gishu County. That aside, I want to take this opportunity to congratulate my Chairman for bringing this Motion. Some of us, during the 2010 Referendum, opposed this Constitution. We are lucky that you were part of the team that opposed the new Constitution. However, whereas you and I have understood the contents of the new Constitution, those with whom we worked so hard to ensure that we defeat the Constitution have remained at the same level. It is important that we are able to carry out civic education especially with regard to devolution. The kind of ignorance that this country has witnessed courtesy of serious leaders like Governors--- I have been to forums where Governors stand up and ask wananchi; what has the Senator done? Which road or bridge have they built? They know very well that all the resources that are available to county governments and to those Governors are actually devolved and taken back to their counties by Senators. Therefore, it is dishonest and I think these are some of the lies and myths that we have to deal with when we carry out some of these serious civic education programmes.
(Sen. (Dr.) Machage): Order! You should desist from using the word “lie” because it is unparliamentary. You could use “untruth” or something like 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.
Mr. Temporary Speaker, Sir, the Constitution is a document that embodies a social contract between the state and its citizens. It is through this Constitution that the citizens are actively involved in their own governance. That is why, on this note, I stand to support the Motion brought by Sen. Wako to ensure that through civic education, we are able to get to the grassroots so that people can be able to understand a number of things. Just as my colleague had said earlier on, it is true that in 2010, some people believed in their leaders; that if so-and-so has read the Constitution, so be it. The same applied to others who if their leader had said “no”, that was it. That was a real mistake and it is important that we do not leave this responsibility to the civil society or some other independent organizations. It is now the responsibility of the Government, with the new system in place, to ensure that people understand the Constitution. Mr. Temporary Speaker, Sir, in our counties, people think devolution is a Governor. Devolution is a big system that involves many players. That is why you hear Members of the County Assemblies being influenced by Governors to recall their Senators just because we are querying how they are spending public funds. It is very important that people are properly educated. We are also aware through the Ministry of Devolution and Planning, that there is a lot of money that it is holding that is meant for civic education. It is important that they set up information centres in different counties, putting in mind that we are living in a digital era and people no longer go to barazas. They could also create a twitter handle where they are able to put their information; young people will be able to re-tweet or put their comments on it. I also want to echo the comments made by two Senators about including civic education in the school syllabus. It can be put as a subject or it can be taught alongside other subjects like history. We have been learning about other countries and it is time that Kenyans understood their own system. As a result of lack of knowledge, people’s rights have been violated. Women are not able to get what they should get because they do not know what their rights are. Even the young people only hear of Article 55 that talks about the rights of the youth, but in real sense, they do not know which way to approach it. It is also true that civic education must start at the top. I support the Motion.
Mr. Temporary Speaker, Sir, I also join my colleagues in thanking Sen. Wako for thinking and speaking his mind and putting his knowledge onto pen and paper so that all of us can begin to go back to what we really brought to the forefront in 2010. There was a lot of euphoria in 2010 when everybody 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. (Dr.) Machage): If you all wish, after Sen. Muthama, we can each take two minutes, so that everybody has a chance. I also hope that Sen. Wako will give one or two minutes out of his time.
Mr. Temporary Speaker, Sir, I think that I am entitled to ten minutes, but I will donate five or six minutes. Four minutes will be enough for me.
(Sen. (Dr.) Machage): Very well! 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.
Asante sana, Bw. Spika wa Muda. Nasimama kuunga mkono Hoja hii. Bw. Spika wa Muda, mimi ni mmoja kati ya wale waliofanya kazi ya ziada sana katika Bunge la Kumi kuuza Katiba hii mpya. Malengo na mategemeo yetu yalikuwa kutoa pesa kutoka kwa ofisi ya juu hadi mashinani. Tulitaka kuona kwamba wananchi wanapewa uwezo wa kupanga na kulainisha mambo yao. Ninamshukuru mwenzangu, Mkuu wa Sheria aliyestaafu, kwa kufanya jambo nzuri sana la kuleta Hoja hii na zingine kuhusu elimu na mambo mengine. Hii inaonyesha umaarufu wake. Bw. Spika wa Muda, ni kweli kuwa wananchi wanataka kufunzwa na kuelezwa. Haya yalianza na Mhe. Boni Khalwale aliyesema kwamba mafundisho yapelekwe hata katika shule zetu ili wanafunzi waweze kuelewa maana ya Katiba mpya na serikali za ugatuzi. Tuna viwango vitatu vya uongozi katika taifa letu. Kiwango cha kwanza ni Serikali inayoongozwa na Rais mwenyewe. Cha pili ni Seneti na serikali za kaunti. Katika serikali za kaunti kumekuwa na utata mwingi sana na kutoelewana. Wananchi hawana habari kwamba waliwachagua Wawakilishi wa kaunti kuangalia, kuchunguza na kuandama maspika wasiibe na kufanya mambo mengine. Wamesahau kazi hiyo na kuchaguliwa katika mabaraza ya maspika. Wameungana na maspika na kupanga mambo yao. Mpaka leo, wananchi hawajui ni magari mangapi ambayo serikali hizo zinafaa kuwapa magavana. Wananunua vile wanavyotaka. Wananchi wakiwaona wanafikiri wao ni kama Rais. Wananunua hadi magari 20 ya kuwafuata wanakoenda. Wananchi wakiwaona hawajui hata hayo magari yamepeanwa na nani. Bw. Spika wa Muda, mipango yetu ni kuwa na maji, hospitali, elimu nzuri kwa watoto wetu na barabara. Ukimpatia Mwafrika maendeleo hayo, hataki jambo lingine. Lakini sasa imekuwa ni kazi ya uzembe na kuharibu. Hiyo ndio maana tunataka mambo haya yapelekwe haraka. Kama tunataka kuwafunza Magavana wanaofuja pesa na kuiba, ni lazima sisi wenyewe tujiulize: Je, tunapoongea mambo ya mishahara ni wananchi wangapi Kenya wanapata kitita cha zaidi ya Kshs200,000? Hivi leo, asilimia 50 ya pesa zinazokusanywa katika taifa letu zinatumika kulipa mishahara. Kati ya hii asilimia 50, asilimia 48 inaenda kwa wale walio na vyeo vya juu. Sasa tutapunguza mishahara kumsaidia wa juu ama chini? Kama tunataka kulainisha taifa hili ili tusiwe kama taifa la Ugiriki, ni lazima tuangalie mapato yetu ni kiasi gani. Tusikae hapa na kuona ni pesa ngapi tutachukua, kisha tukose kuona safari ya mwendo mrefu tunayoenda. Itakuwa ni jambo la kuudhi sana kuona kwamba anayepata mshahara wa juu Kenya hapiti Kshs300,000. Ingekuwa vizuri kama mtu wa chini ambaye ni askari anayepata mshahara wa Kshs11, 000 angepata Kshs40,000. Hii ingemaliza wizi. Bila mabepari wenye pesa ambao wanaweza kununua kile wanachotaka, bei ya vitu itaenda chini. Lakini tukiwa na watu kumi ambao wanaweka Kshs5 milioni katika akaunti zao kila mwezi, bei ya vitu haitapungua. Kwa hivyo, sikubaliani na hatua ya Rais ya kukatwa asilimia 20 ya mshahara wake. Tunataka apunguze mshahara wake hadi Kshs300,000. Yeye anapewa magari, askari, stima na kila kitu. Je, huu mshahara wa Kshs1 milioni ni wa nini? Wacha tuongee ukweli kwa sababu ikiwa tutaongea ukweli, tutapeleka taifa hili mbele. Tusipoongea ukweli, tutazunguka tu bila kwenda mahali popote. Bw. Naibu Spika wa Muda, naunga mkono. 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.
Bw. Spika wa Muda, naunga mkono mjadala huu wa leo. Tumesema kuwa wanafunzi wanafaa kufunzwa kuhusu Katiba shuleni. Je, wale vikongwe ambao wako nyumbani? Ningependekeza kuwa tukiwa kanisani tunaweza kusoma kipengele kimoja. Kwa mfano, kwenye ajali utakuta watu wamejazwa kwenye matatu moja kama ambao wanabebwa bure. Kwa hivyo, wakielimishwa kuwa matatu ndogo inafaa kuwabeba watu 14 tu, hawatajaa. Hii itapunguza visa vya ajali nchini. Bw. Spika wa Muda, pia Magavana hawajui majukumu yao kwa sababu hawakufundishwa vile Katiba inataka. Utawakuta wakiajiri watu waliowapigia kura tu kwa sababu wanajiona kama wao ndio ndume wanaoweza kufanya vile wanavyotaka, bila kuzingatia Katiba. Hoja hii imechelewa sana. Tungefaa kuenda kwa haya mafunzo kabla hata kuja katika Seneti au kuwa Gavana au kazi nyingine yeyote. Bw. Spika wa Muda, Hoja hii ni ya maana sana na namsifu Bw. Wako kwa kuileta. Naomba sote tuiunge mkono.
Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity. I stand to support this Motion. Mr. Temporary Speaker, Sir, we know that there are organizations which have tried to carry out civic education, including Uraia, but the Motion is talking about comprehensive, well structured and systematic civic education. That is where we need to concentrate, because right now, the system has taken off and the participants, that is, the leaders and public, are not aware. That is why we have what we have now. The Governors are doing whatever they want and the MCAs are still behaving like the councillors in the old system. They are not checking the systems. The public is not aware of what they expect of this and so, there is need for all these people to be educated. For example, there are rights in the new Constitution for areas that we come from where we have community lands. The way the community land is to be governed under the new Constitution is very different. It gives the communities more say in whatever is done with that piece of land. They can even be allowed to register as community. But now we are not aware and the system is still operating as before. So, I support this Motion because once people are educated, then they will participate very well in the systems. Mr. Temporary Speaker Sir, I beg to support.
Mr. Temporary Speaker, Sir, first of all, I want to congratulate you for the new position that you hold. Mr. Temporary Speaker, Sir, secondly, I would also like to thank Sen. Wako for bringing this timely Motion. Kenyans have been suffering from lack of understanding. So, it is time for them to know their rights in the Constitution. There are two ways in which this civic education can be undertaken. This civic education can be taught in schools as part of the syllabus or some Kenyans can be trained as paralegals who can teach people in the villages. So, we need the Government to take this seriously and put more money in it. They also need to amend the Constitution and know their rights. With those few remarks, I support.
Mr. Temporary Speaker, Sir, I also stand to support this Motion and thank Sen. Wako for bringing it. This Motion is in tandem with our mandate of defending and protecting devolution. The enemy of devolution is ignorance of the provisions of the Constitution. I say this because we have had a lot of misrepresentation 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. (Dr.) Machage): Order! I call upon the Mover to reply. You have four minutes.
Mr. Temporary Speaker, Sir, mine is to thank all my colleagues who have contributed clearly and effectively. They have shown that they are really committed to the implementation of the Constitution of this country. If properly implemented, this Motion will be a milestone towards that because the basis of devolution is not the Senators or Governors but to give self-governance to the people so that they can govern themselves and manage their own affairs. They can only do that if they had power, and knowledge is power. They can only get this knowledge through civic education. I thank you all for your contributions.
(Sen. (Dr.) Machage): Thank you. As per Article 123 of the Constitution, I rule that this is not a county Motion. Therefore, I will put the question.
Mr. Temporary Speaker, Sir, I beg to move:- 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 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. (Dr.) Machage): The Mover will continue with the Motion when it appears next on the Order Paper. You will have 12 minutes to continue.
(Sen. (Dr.) Machage): Hon. Senators, it is now time for interruption of business. Therefore, the Senate stands adjourned until tomorrow Wednesday, 12th 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.