(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to Standing Order No.28, the Senate approves its Calendar (Regular Sessions) for the Second Session.
Order, Senate Majority Leader. There is something else you need to do.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I hereby table before this House the Senate Calendar, Regular Session of the Senate, from February to December, 2014.
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 have two statements to issue. The first statement regards supplementary information concerning the police raid on Masjid Musa Mosque in Mombasa County. This is as a result of supplementary issues that were raised and which I deferred last week. Mr. Speaker, Sir, during the Senate debate on the statement regarding the police raid on Masjid Musa Mosque in Mombasa County on 20th March, 2014, the Speaker directed that I provide supplementary information on whether the Government is aware of a series of killings of Muslim and Christian clerics at the Coast and what is being done to address the issue. Mr. Speaker, Sir, there have been a number of incidences where both Muslim and Christian clerics have been killed. Each and every case is under investigations on its own merit. Once completed, appropriate action will be taken against whoever is found culpable of such killings. Meanwhile, the Government is employing the following measures that are aimed at addressing extremism and radicalization in the country at large:- (1) SUPKEM, NAMLEF, KEMNAC and other Muslim organizations have been encouraged to unite and work for the common good of the Muslims. This will deny extremists the opportunity to continue capitalizing on the disunity that was existing in the past among these institutions. (2) Encouraging the establishment of mosque committees acceptable to all leaders, sheikhs and imams. These committees will ensure that criminals do not use places of worship to perpetrate criminal activities. (3) Promoting interdenominational consultative meetings incorporating bishops, pastors, sheiks and imams. (4) Encouraging Muslim scholars to assist in sensitizing the youth at the grassroots. (5) Cooperating among sheikhs, imams and preachers with the security teams to ensure that those extremists who try to interfere with the established systems and committees are dealt with firmly. (6) The media has been requested to be objective in reporting and avoid airing or publishing inflammatory stories or those propagating radical ideologies. (7) The Government is working closely with interfaith religious leaders, civil society community based organizations and NGOs in dealing with violent extremism. (8) The Government has also initiated joint youth sensitization programmes in Mombasa mosques. These will cascade down to the sub-counties. (9) There is enhanced cooperation with countries that face similar challenges to share information and experiences on extremism. 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 clarification, Mr. Speaker, Sir. I want to seek clarification because in the initial statement, I asked whether the Government was aware of the systematic human rights abuses at the Coast and other areas that are predominantly Muslim. My clarification arises from the fact that in 2007, closer to the elections, the then President Mwai Kibaki constituted a committee calling it the Committee on the Special Concerns of the Muslim Community in Kenya under the chairmanship of Eng. Sharawe. The secretary is the now Cabinet Secretary for Foreign Affairs. My clarification is, whether the Government intends to make this report public or it has started to implement the recommendations of what is better known as the Sharawe Report.
Sen. (Dr.) Khalwale.
Mr. Speaker, Sir, I would like the Senate Majority Leader to clarify what heightened security measures the Government intends to give to churches especially in the terrorist prone areas over and above the request by some members of the clergy that they be given arms.
Mr. Speaker, Sir, in the Government’s raid on the mosque, some members of the public could not be accounted for after arrests were done. Can you 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.
Senate Majority Leader, you may respond.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, regarding the first issue, yes, it is true the Government is in possession of the report that was handed over by a committee. That report was handed over to the President in the last months of the last administration. The operationalization of that report is taking place in accordance with Cap.102, which is the Commission of Inquires Act, and in accordance to the dictates of the new Constitution with regard to public inquiries. On the second issue, it is true churches, mosques and other places of worship are increasingly facing dire security constraints and threats. Normally, the policy of Government in matters of security is that of providing armed security to institutions and persons; and it is normally assessed based on the needs that that person or institution is facing. So, I think it is expected, therefore, in light of what has happened in the last few weeks that churches, mosques and other places of worship will formally request the Inspector-General of Police to provide security in every institution of worship to avoid the kinds of things that we have seen in our country in the past few months and weeks, especially the latest incident. That will be a genuine and quite appropriate request. But it has to be done formally not in burial meetings and other public places because there will be no avenue for follow up. It is hoped that those institutions will formally request for that security.
On a point of information, Mr. Speaker, Sir.
Of course, Sen. Omar, the Speaker does not require information.
Mr. Speaker, Sir, the information is directed to Sen. (Prof.) Kindiki.
(Sen. (Prof.) Kindiki): The information is accepted.
If Sen. (Prof.) Kindiki needs it; you can provide it to him.
Mr. Speaker, Sir, I want to commend Sen. (Prof.) Kindiki because of the information he has given. I want to share that some of these radical elements have even attacked mosques. In fact, none other than an hon. Member of the National Assembly, Hon. Hassan, the Member for Kamkunji was on a wheel chair for long because of a grenade attack in a mosque in Eastleigh. Equally, Muslim clerics have been subjected to the same treatment, including recently on 13th March, 2014, Sheikh Bakero was attacked by the same youngsters. I like the fact that the Senate Majority Leader generalized about places of worship because the threat is uniform.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I thank Sen. Hassan for that information. 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.
Senators, this was supplementary information, the substantive one was dealt with last week.
Yes, we are aware, Mr. Speaker, Sir.
So you have more supplementary questions to the supplementary?
It is a clarification.
Order, Sen. Hassan Omar. I think you have had your fair share. Let me give this chance to Sen. Mutula Kilonzo Jnr. and finally to the Senate Minority Leader.
Mr. Speaker, Sir, the point of clarification that I need to seek is this: The recent reports on Mombasa and the coastal area are generally very disturbing particularly on the issue of attacks in places of worship. Recently, we had persons who were arrested carrying bombs and other items that would otherwise harm the public. It is also in the public domain that in the raid of the mosque, over 200 people were arrested and they are facing court charges. Similarly, the people who were arrested with explosive materials are also facing charges. These incidences are obviously causing anxiety to the people of Mombasa County, this include the investors and people who look up to this country for security. What measures is the Government taking to ensure that these people are tried as soon as possible? Does the Government intend to set up special courts for prosecuting people like these ones, so that justice can be dispensed and so that the people in this country and investors can have confidence that we have a justice system that is working as quickly as possible so that we can have security in Mombasa?
Could the professor clarify the following:- One, on the Sharawe Report, the new Constitution requires that the report is not just implemented, but made public, having used public funds to process the report. When will it be made public? 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. We have to be told exactly the English words that Sen. Wetangula has used. Did you hear him talk about “dogs barking to a new moon?” That is not a metaphor; it is a direct insult to the Government.
Mr. Speaker, Sir, the distinguished Senator for Kirinyaga County has repeatedly boasted on the Floor of this House that he was a teacher.
If he was a teacher, he cannot fail to understand a simple phrase like “Dogs barking at a new moon.” This is a common English phrase. Mr. Speaker, Sir, could the Professor tell this House the concrete steps that the Government is taking to address the issue of growing extremism, intolerance, radicalism and violence particularly among our young people? Kenyans are deeply religious people. When you get young people assaulting houses of worship and clerics, we are getting to a very dangerous direction. What concrete steps is the Government taking, not just to treat the symptoms, but to treat the disease because moving and arresting 50 youths, parading them in the media and taking them to court deliberately on wrong charges does not help this country?
Majority Leader, you may proceed. Order, Sen. Hassan Omar, you cannot be asking others without also identifying on what capacity you are asking. Proceed, Senate Majority Leader.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, Article 50 of the Constitution of Kenya, among other things, demands that persons who are arrested by the police must be given a speedy trial. The prosecution and the courts of law are bound by the Constitution to ensure that those who have been arrested are taken through a speedy trial, and are tried in accordance with the principles of fair trial. However, for the avoidance of doubt, the sentiments by this House that in a particular matter like this one which is of great national interest, care needs to be taken to ensure a speedier and more fair trial given the gravity of the issues have been noted. These sentiments will be The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order, Mr. Speaker, Sir. Did you hear the Senate Majority Leader trying to preempt what the President will be telling the nation? Has he become the President’s speech writer?
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I thank Sen. Ong’era for her concern and point of order. I am glad she has used the correct title. Unlike her colleague, Sen. Wetangula, who has problems addressing the Senate Majority Leader by the title of his office, he keeps on saying: “The Professor” yet there are many professors in this House.
Be that as it may, at least Sen. Ong’era is courageous enough to---
On a point of order, Mr. Speaker, Sir. Is the learned professor and my professional junior in order to say I have difficulties addressing him when, indeed, I addressed him properly and clearly as The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, the Senate Minority Leader has heard. Regarding what I have said, in the communication by the Speaker to this House that was issued last week----
On a point of order, Mr. Speaker, Sir.
What is it, Sen. Khaniri?
Mr. Speaker, Sir, Sen. Janet Ong’era rose on a point of order, which, in my opinion was a very valid one. The Senate Majority Leader has not responded to that point. Is he in order?
He responded to the supplementary one by Sen. Wetangula. So, you need to go back to the original issue. But even so, the Senate Majority Leader has been very generous to the Senate Minority Leader. It is true that there is a difference between his title as a professor and his title as Senate Majority Leader. The most applicable for now is the Senate Majority Leader.
(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. It so ordered by the Speaker.
Mr. Speaker, Sir, on the point of order by Sen. Ong’era, I do not desire to be the President’s speech writer at any point in time, but as leader of Majority, I exercise certain functions which also come with certain privileges and advantages. It is in that connection that the Constitution and even the Standing Orders of this House recognize the Office of the Majority Leader as the nexus between information that the presidency cannot bring here directly and this House. That information can be obtained prior or at the time that is being released or after it has been released. I hope I have responded to that one. In the interest of time with regard to concrete measures about insecurity, other than that, especially for Nairobi and Mombasa, these two counties are the gateways into Kenya. What happens in Nairobi or Mombasa can affect the investment climate and even tourism as well as the confidence that foreigners have in our country. So, I think discussions are ongoing to try and see how the county governments of Nairobi and Mombasa can partner with the National Government to supplement the security arrangements which are there in accordance with Article 247 of the Constitution, which allows for supplementary policing arrangement which, of course, are allowed under the Constitution subject to the command of the Inspector-General of Police. It is under discussion and soon, subject to approval in accordance with the procedures of this House, we will table proposals both legislative and other proposals to deal with insecurity, particularly in Mombasa, Nairobi and other parts of the country which are equally under threat of armed violence and extremists. 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.
On the same or different matter?
On the same.
I am afraid, we have spent a lot of time on this matter. We need to proceed to the next matter. Okay, let me allow you very briefly and in a professorial manner too, I suppose.
Thank you very much for allowing me to raise this issue and address the Majority Leader. Yesterday, on television, I do not know which channel, I listened to a senior police officer addressing the issue of insecurity at the coast. He said that if anybody sees one of the criminals, he should shoot on the spot. I think this is going to increase lawlessness in this country.
It was the county commissioner!
I am informed that it was the county commissioner. Could the Majority Leader inform this House what measures the Government is taking to make sure that communication from the Government, particularly from senior persons, is done in such a way that it adds value to improving security in this country rather than improving the tendency towards lawlessness?
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, with regard to the request for clarification from Sen. (Prof.) Anyang’-Nyong’o, first and foremost, according to him, this was in the media and we cannot rely on media reports but that notwithstanding, under the new Constitution, the police and law enforcement agencies or security forces are bound to operate within the four corners of the Constitution.
On a point of information, Mr. Speaker, Sir.
(Sen. (Prof.) Kindiki): Information allowed.
Just to inform Sen. (Prof.) Kindiki that in fact at 1.00 p.m., this afternoon, the same officer was asked and was shown on television whether he was quoted out of context and he repeated that he meant every word and he said “shoot them on sight”.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, the Kenya Police Service is under the leadership of the Inspector-General of Police and there is an officer designated as the spokesperson of the police. Unless those statements are coming from the Inspector-General or the spokesperson, the sentiments of an individual officer, in my view, without the benefit of having listened or seen what Sen. Wetangula is talking about, I think we should say very clearly here that it is not a matter of choice or preference. The issue of adhering to the rule of law and due process is constitutional and anyone who breaks that order is to be subjected under the law. It is for that reason that we have a police oversight authority where complaints against excesses by police officers 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, professor and Majority Leader of the Senate. Just for avoidance of doubt and to clarify certain minds, I think it is important that I appreciate your wording of “flying” and “washing” but since we speak for the Republic, you may use simpler words that are very clear so that we may know if such orders are lawful, constitutional, legal or otherwise. I am sure that is what the Senate would want to transmit to the nation.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, shooting suspects without due process is illegal, unconstitutional and unlawful. Mr. Speaker, Sir, I had a second statement, which is a statement on the business of next week. It is very brief and with your permission, may I proceed.
Proceed. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 1ST APRIL, 2014
(Sen. (Prof.) Kindiki: Hon. Senators, pursuant to Standing Order No.45, I wish to present the business for the Senate for next week. Next week on Tuesday, the Rules and Business Committee will meet at 12.00 p.m. in order to schedule business for next week. The Senate will also commence debate on the Motion to record the thanks of the Senate for the Exposition of Public Policy contained in the address to Parliament by His Excellency the President tomorrow Thursday, 27th March, 2014. On Wednesday, 2nd April, 2014, the Senate will continue with debate on the Motion to record the thanks of the Senate for the Exposition of Public Policy contained in the address to Parliament by His Excellency the President on Thursday 27th March, 2014 and to consider any other business scheduled by the Rules and Business Committee. On Thursday, 3rd April, 2014, the Senate will finalize the debate on the Motion to record the thanks of the Senate for the Exposition of Public Policy contained in the address to Parliament by His Excellency the President on Thursday, 27th March, 2014 and thereafter consider any other business scheduled by the Rules and Business Committee. I thank you and hereby lay this Statement on the Table of this House.
Sen. Adan. 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 wanted to respond to a Statement that was requested by Sen. Murungi. On 17th March, 2014, Sen. Murungi requested for a Statement regarding the delay in issuance of birth certificates in Meru County. The Senator sought to be informed on the following:- (i) The number of birth certificates that have been issued in Meru County in 2012, 2013 and 2014. (ii) The reason for the unreasonable delay in issuance of birth certificates in Meru County. (iii) Whether the Government has any plans to decentralize registration of births and issuance of birth certificates to the sub-county level. Mr. Speaker, Sir, in 2012 and 2013, a total of 30,893 and 34,973 birth certificates were respectively issued in Meru County. So far in this year, 2014, a total of 7,494 birth certificates have been issued in the same county. It is true that there were delays in issuance of birth certificates in the country and not only in Meru County in December, 2013 and January 2014. This was occasioned by running out of certificates by the Government Printer which resulted in delays in supply of certificate booklets to the department. This invariably affected the supply of certificates to the registrars across the country which, unfortunately, translated to delays in service delivery to the applicants. However, I am happy to report that a steady supply of certificates was restored in February, 2014 though by that time there was accumulated backlog of applications in several registries. The department has since restored normal service delivery across the country. Mr. Speaker, Sir, the Government recognizes the importance of providing registration services as close to the people as possible. It is in this spirit that the civil registration offices have been increased to the current 107. This increment was only made possible by the increased resources to establish offices, finances to cater for recurrent cost of running offices and acquisition of additional staff to run offices and serve the public. The Ministry has already requested the national Treasury for additional funding and approval to hire additional staff. The department has also made proposal for expansion in the Directorate of Immigration and Registration of Persons Strategic Plan. If the plan is funded, we shall be able to increase the number of sub-county registration offices. Thank you.
Mr. Speaker, Sir, I want to thank my neighbour Sen. Adan for this almost good answer. A birth certificate is a constitutional right of every Kenya. It is a constitutional right of every Kenyan to be given a name and to be registered at birth. Many people in my county are being denied their constitutional right through neglect and inefficiency by this Government. Seven thousand certificates for nine constituencies 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.
Sen. Hassan Omar.
Mr. Speaker, Sir, in the same matter, issues of registration are directly tied to issues of election because how you register is how you vote. Can they further clarify where the registration centres are established? We may be establishing them in areas that may prejudice us politically.
Mr. Speaker Sir, thank you very much. On the same concern, we have the registration of the Kenya Certificate of Secondary Education (KCSE) students. There is no way that somebody can be registered without birth certificates. On that note, I feel as if many students have been denied registration on the pretext of lack of birth certificates. Could the Government speed up the issuance of birth certificates so that this problem is resolved once and for all?
Mr. Speaker, Sir, when this matter came up, I tried to raise an issue and the distinguished Senator for Meru thought I was overloading his question. I still want to follow it up. The sequence of registration is; birth certificate, identity cards and eventually all the important documents like voters registration. The new Constitution has given the Independent Electoral and Boundaries Commission (IEBC) a responsibility to carry out continuous registration of voters. We are now into the second year since the last elections. Could the Vice Chair of the Committee tell us when the Government will decentralize registration of births as requested by Sen. Murungi to the lowest level possible? Two, when will they decentralize the issuance of identity cards? From as far as Moyale and Turkana where you come from, people have to bring documents to Nairobi to process identity cards in this day and age. Third and last, when will the IEBC commence registration of voters, to be carried out continuously up to the next elections?
Hoja ya nidhamu, Bwana Spika. Kuhusu swala hilo, kuna kitu sijaelewa. Mtu akitaka cheti cha kuzaliwa, ni lazima apeane kitambulisho cha nyanya, babu, watu waliokufa zamani ambao vitambulisho vyao vilipotea? Ukiwa Mdigo, mtu ambaye anakufa kutokana na mkasa wa ferry, hauwezi kupata cheti hiki hadi upeane vitambulisho vya watu ambao walikufa zamani. Hivyo ni sawa?
Mr. Speaker, Sir, in giving this statement, Sen. Adan stated that a major part of the delay was occasioned by the Government Printer in printing 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. Senator. You have made your point.
Thank you Mr. Speaker, Sir. I want to seek further clarification in respect of this very important document. A birth certificate is very important for various purposes. Identity cards, passports and marriage certificates are also very important. When will the Government consider establishing offices at the devolved levels? The Constitution talks about the Provincial Administration conforming to with devolution. This should now be devolved to the ward level and there should be one office whereby birth certificates, identity cards, passports and even marriage certificates and company registration can be done. This has been done in other countries.
On a point of order, Mr. Speaker, Sir. Will I be in order to request that the Vice Chairperson is given time because this issue is raising a lot of interest? She should be allowed to go and research and even to consult with the Ministry of Immigration and Registration of Persons to enable her bring a comprehensive answer?
Has the Vice Chairperson of the Committee expressed any inability or disability to answer the questions? It is preposterous for the Majority Whip to stand up even before the Chairperson of the Committee utters a word, to presume that she cannot answer the questions we have raised.
Indeed, Sen. Elachi, I did not see you being enjoined in the responses, while you show your empathy. However, let us hear from the Chairperson first.
On a point of order, Mr. Speaker, Sir. This is on the same issue. I think it is better for her to get all our concerns regarding the matter. I want to add more issues so that she comes up with a comprehensive Report.
Sen. Chelule, I had already disposed of that particular matter. For you to revisit it is unacceptable. Secondly and more fundamentally with regard to the issues that other Members have raised, including what Sen. Wetangula has raised, we should leave the Chairperson to give the information sought and to handle 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 think it is important for us to understand – with due respect to my colleagues – that when somebody asks me to get all the information, they should also remember that there is the HANSARD. It is always important for the HANSARD to record what a Member has requested. When a Senator stands up to say that I must get everything, they must also understand that we must respect each other. I am attentive, I am listening and I get everything that is asked. Secondly, out of the points that were raised, some of them are policy issues that require consideration. These are pertinent issues that touch on sensitive and accountable documents. This is a concern for us, as a Committee and I will take that responsibility to raise the issues that have been raised by hon. Senators with the relevant departments so that we take immediate action.
Any time frame?
Two weeks from now is good, Mr. Speaker, Sir.
Order, Mr. Speaker, Sir.
Mr. Speaker, Sir, did you hear what Sen. Hassan said? He said; order, instead of calling you.
Sen. Hassan, you have been challenged.
Mr. Speaker, Sir, I said order and I quickly corrected it. I realized that I was directing that to the wrong person.
It is only fair to acknowledge that.
If Sen. Adan will do a comprehensive research as a follow up question to what Sen. Emma said, we took up this matter of being asked for extra documents to court when we were together at the Kenya National Human Rights Commission (KNHRC). In fact, we got judgment to the fact that the extra documents are illegal by law. Further to that, the Minister for Immigration and Registration of Persons, none other than Sen. Kajwang, issued an administrative note that these documents should no longer be demanded based on that court ruling. So, in your research, please, find out why they continue to demand for the documents despite a court order that exists to that effect.
You do not need to respond to that, Sen. Adan. You should just do what you had agreed to do. However, more important, Sen. Hassan, there is a reason why you did not get it right in the first place. Sen. Adan has already given us a period of two weeks. The information you have given us is something you could have taken to the Committee rather than speak after the event. We have allowed you but you should know that the window is being closed. Let us move to the next business.
Sen. Adan, you mean you have another statement? 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.
Yes, Mr. Speaker, Sir.
Let us first give a chance to Sen. Khaniri as we give Sen. Adan a break. PAYMENT OF DUES OWED TO BUSINESSMEN FROM WEST POKOT COUNTY BY KMC
Mr. Speaker, Sir, yesterday, I gave a commitment that I would respond to the request of the Senator for West Pokot with regard to the Kenya Meat Commission, a statement he sought from the Committee on Agriculture, Livestock and Fisheries. As per yesterday, I was still in the acting capacity as the Vice Chairperson of that Committee because they had not held their elections. I am made to understand that they had their elections today and we have a new Chairman in the name of Sen. Kiraitu Murungi. I take this opportunity to congratulate him.
Would I be in order to hand over the statement to Sen. Murungi so that he can issue it tomorrow or after acquainting himself with it?
Are you a Member of the Committee, Sen. Khaniri?
I am not.
Since the Standing Orders took effect on the day we adopted that particular Motion, then it is only fair that the new Chairperson is given that opportunity to demonstrate his leadership to the Committee. So, I will defer it to Tuesday next week.
Mr. Speaker, Sir, thank you for the directive. Our Committee started work today and Sen. ole Ndiema, who was a Member of that Committee, was elected the Vice Chairperson of the Committee. The Committee decided that all the pending business, including that statement, will be handled by my Vice Chairperson, Sen. ole Ndiema. So, he is going to deliver that Statement on Tuesday. Thank you, Mr. Speaker, Sir.
Order, Sen. Kiraitu! Order! That is an internal mechanism for the Committee to decide. The Chair and the House would have been satisfied, come Tuesday and Sen. ole Ndiema lays it on behalf 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.
On a point of order, Mr. Speaker, Sir.
What is it, Sen. Musila? REASONS FOR ALLEGED REMOVAL OF DR. SIMIYU AS CEO OF GDC
Mr. Speaker, Sir, I stand on behalf of the Committee on Energy. Sen. (Dr.) Khalwale had sought a Statement on the affairs at the Geothermal Development Corporation (GDC) and I am seeking the indulgence of the House. Yesterday, the Committee held an extensive consultative meeting with the management and also the Board, and we are still to conclude the matters sought by Sen. (Dr.) Khalwale. I am, therefore, seeking the indulgence of the House to have this matter deferred until after two weeks, when we expect to meet both the management and the Board of the GDC. Thank you, Mr. Speaker, Sir.
Sorry, Sen. Musila; I was distracted by the gracious Senator, Sen. Elachi. What was your request; was it to defer?
Yes, Mr. Speaker, Sir; to defer the Statement since we could not conclude the matter yesterday, and we are going to continue with our consultations in two weeks. Therefore, I am seeking the indulgence of the House and, indeed, Sen. (Dr.) Khalwale, to wait until that time.
Sen. (Dr.) Khalwale?
I am most obliged, Mr. Speaker, Sir.
I would just like to encourage you, Sen. Musila, and your Committee, to expedite this matter since it borders on some sensitivity which might require urgent attention.
Indeed, Mr. Speaker, Sir, we are taking it very seriously and we are making good progress. Thank you, Mr. Speaker, Sir.
Mr. Speaker, Sir, I sought a Statement three weeks ago from the Chairperson of the Committee on Roads and Communication regarding the jetties and the erosion which is taking place at the coastal strip, but to date, I have not heard any response.
Chairperson 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.
Mr. Speaker, Sir, Sen. Abu Chiaba is the new Chairperson since yesterday.
Is there any Member of the Committee present here? Sen. Chelule?
Thank you, Mr. Speaker, Sir. I happen to be a Member of that Committee and I am sorry that my Chairperson has just gone out; I hope that he is coming back. I want to request Sen. Mshenga to give us one week; that is if my Chairperson is not coming back to this House before we adjourn.
Let me order that we have that Statement on Tuesday because Sen. Mshenga is talking of three weeks ago. So, really, whether new or not, there were some existing Committees before. You just have heard from the new Chairperson of the Committee on Agriculture; the only brief they have is on who delivers it, but the work has been done.
But I hope, Mr. Speaker, Sir, that one week will be adequate for us to revisit the previous Committee Members.
In any case, your one week from today, Wednesday, is---
Mr. Speaker, Sir, it is Thursday.
Your one week from today is actually---
Okay; it can either be Wednesday---
Wednesday, Mr. Speaker, Sir.
Your one week actually agrees with mine. Tuesday afternoon?
Thank you, Mr. Speaker, Sir.
Sen. (Dr.) Kuti? DIFFICULTIES WITH THE PUBLIC ADDRESS SYSTEM IN THE SENATE CHAMBER
Thank you, Mr. Speaker, Sir. I stand to raise an issue on the difficulties we are having with the Public Address (PA) System in this House for the last couple of weeks now. It is very irritating and we would like to know what is being done and when it can be resolved, because even yesterday as we were making contributions, it was very difficult because there was some nuisance of some sort.
Order, Senators! Of course, we are all aware of that problem; our team is trying to sort it out and I have told them that it must be sorted out before Tuesday next week, when we resume our sittings.
Thank you, Mr. Speaker, Sir. Maybe we need direction from you. This Statement was sought by Sen. Hassan Abdirahman, but he has not been in the House 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.
Issue it on Tuesday.
I am much obliged, Mr. Speaker, Sir.
Sen. (Eng.) Karue? INVITATION OF SENATORS TO THE DEVOLUTION CONFERENCE IN MOMBASA
Mr. Speaker, Sir, would I be in order to request the Chair to give communication with regard to a convention in which Senators have been invited to Mombasa in the coming week. The invitation is individual to each Member, although the list has all of us, but it does not seem to include or involve the administration of the Senate. Perhaps the Chair could give a communication as to how this is to be handled with regard to, maybe, attendance, facilitation, movement and also the mode of engagement in it.
I hope that is the end of Statements. If so, I also have some communications to make, but I will start by disposing of that matter raised by Sen. (Eng.) Karue. We learned of that correspondence recently and we considered the matter before the Rules and Business Committee. So, we have asked our administration and the Clerk to engage the Governors so that we can find an appropriate way of participation. Since we will not be able to meet until then, we will communicate to you in other ways on the decisions we will have made, including the pertinent issues. Hon. Senators, I also have a communication on marking the first Anniversary of the Senate.
Hon. Senators, as you are aware, the Senate held its first sitting on the 28th of March, 2013, following the general elections which, in essence, marked its reintroduction after a 47 year break since the first Senate of independent Kenya was abolished. You will undoubtedly recall that it was during that sitting that you were sworn in before participating in the election of the Speaker and the Deputy Speaker. This is, therefore, to notify Senators that Friday, the 28th March, 2014, will therefore mark the first year of operation of the Senate.
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On a point of order, Mr. Speaker, Sir. I want to thank you for what you just said, but I wish to request that so that we do not look like the other institutions or arms of Government that have demonstrated a lot of wastage and extravagance when they were marking such an event, that our Senate sets the pace by having a very modest budget so that we are not classified in the same group with some of the pretenders who want to say that they care about the poor when they keep on haemorrhaging the funds through such events.
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You can be sure, Sen. (Dr.) Khalwale, that the Senate is very alive to the principles of public finance management. One of them is cost effectiveness, efficiency and frugality. We are going to minimize the activities without losing the need also to celebrate our existence.
Mr. Speaker, Sir, could you request Sen. Boni Khalwale to bring the bull on that great occasion and I will bring some Chuka drummers to commemorate the Senate, because the 47 counties should be seen during these celebrations of the Senate, because we represent the counties? So, let us bring the diversity and various peculiarities to be seen during those celebrations. Therefore, do not limit the budget.
I thought that you were actually saying that you were assisting the Senate by making the contribution from Chuka and requesting Khalwale to do the same.
Mr. Speaker, Sir, if you requested, I could do so, but this is a public institution which should not be begging for charity. So, let us have a proper budget, so that we celebrate one year of the Senate in style.
We will take into account your suggestion.
On a point of order, Mr. Speaker, Sir. You might be tempted to choose to go his way; that I be requested to bring the Kakamega bulls to Nairobi. I would have no objection, but the bulls of Kakamega are just like the wildebeest of the Mara. When people want to see the wild beast, they go to the mara. They do not bring the wildebeest to Nyayo Stadium. I would, therefore, request that this event be brought to Kakamega, so that you enjoy bull fighting, amongst other things.
Order, Senators! I have a second Communication to make. Hon. Senators, as you are aware, I led a delegation of the Kenya Parliament, on behalf of the two Houses, to the 130th Assembly of the Inter-Parliamentary Union (IPU) that was held from 16th to 20th March, 2014 in Geneva Switzerland. The delegation comprised of two Senators, Sen. Stephen Sang and Sen. Catherine Mukiite, and five Members of the National Assembly; hon. David Kosing, hon. Kabando wa Kabando, hon. Mishi Juma, hon. Boniface Gatobu and hon. Alice Wahome. Hon. Senators, the IPU, as you are aware, is the international organization of parliaments that was established as the focal point for worldwide parliamentary dialogue and co-operation amongst people and for the firm establishment of representative democracy. The IPU supports the efforts of and works in close collaboration with the United Nations, individual parliaments and regional parliaments, whose objectives 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.
On a point of order, Mr. Speaker, Sir. You did indicate that through your nomination and lobbying, you were able to overturn 125 years of history. So, I think that it would just be in order for me to accolade that landmark Pan-Africanist initiative that has finally ended in us having an African Secretary General of the IPU. I would also like to laud the fact that this Senate actually made the right choice in having the Speaker in you, to continue to get more opportunities for Africans as we go ahead in terms of our parliamentary democracy. Therefore, min is just simply a message of congratulations to you, because you could not have said it in your own statement that you congratulate yourself for nominating the candidate from Cameroon and getting him to win. I thought that it was only in order. 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.
The Drafting Committee is even greater. As a lawyer, you appreciate drafting.
Absolutely! So, I want to congratulate Sen. Stephen Sang and Sen. Mukiite for that. I hope that you will represent us effectively in a manner that people will locate the Senate of this Republic as a House that really discharges its obligations with utmost diligence and professionalism. Mr. Speaker, Sir, congratulations to all of you.
Who was contributing? I think that Sen. (Dr.) Kuti had five minutes to go. Do you still want to claim them?
Thank you, Mr. Speaker, Sir. I was at that time speaking about the insecurity issues raised during the Motion for Adjournment by the Senator for Mombasa. I was saying that it is a time of reflection for all stakeholders, from the Head of State to people in charge of the security docket in the Government, political 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.
On a point of order, Mr. Speaker, Sir. I think that the Senator is addressing the wrong Motion, because as per the Order Paper, the next Motion is Motion No.8 by Sen. Karaba, which talks about adult education.
I am sorry, Mr. Speaker, Sir. I got mixed up because there was a Motion for Adjournment which ended and I was contributing to it also.
Mr. Speaker, Sir, I was actually contributing about the importance of adult education in this country, when the Motion for Adjournment by Sen. Hassan came. I was relating it actually to the implications that education has on the health of the nation. I was actually speaking at that time about the fact that studies have shown that if a population has basic education, the maternal and infant mortality rates will be remarkably reduced. This is simply because the educated mothers will appreciate from reading about maternal care, the importance of attending clinics. Also, if our traditional birth attendants have basic education, they will appreciate much better issues of maternal complications during pregnancy. Therefore, they will refer in good time and detect the complications that will face the pregnant mother under their care.
Mr. Deputy Speaker, Sir, also after delivery, studies have shown that if mothers are educated, they remarkably reduce the chances of their children getting diseases like diarrhea through basic hygiene. So, it is very important that adult education be revived. I happened to join primary school through adult education. As I was playing, I remember a primary school teacher held my hand. The first class that I attended was not Class One in the normal formal education. For about two or three months, I was attending adult literacy classes in the afternoon. Later I joined normal education after accompanying this teacher. It was not a formal organized trip to a school that children are taken on the first day. So, it was very much elaborate those days and I do not know what happened along the way. The adult literacy classes have now fallen apart because I think that the support and budget have not been forthcoming. I do not know whether the teaching is still ongoing. In fact---
Your time is up!
Mr. Deputy Speaker, Sir, I beg to support.
Mr. Deputy Speaker, Sir, I also rise to support 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.
Mr. Deputy Speaker, Sir, thank you very much for giving me this chance to add some voice to this important Motion. Before I proceed, I would like to thank my newly elected Chairperson and thank him for bringing this Motion which is very important. The education staff is present at the county level. We normally see the county education officer in charge of adult education, but their presence is not felt. This is due to lack of clear policy guidelines on recruitment, staffing, punishment and motivation. As you are aware, majority of the people in the pastoralist community are illiterate. You know the important roles played by parents as a stakeholder in education. You can imagine when a parent is not educated and the children bring a report from school; the parent may not know what is happening. I would also like to highlight the important roles played by adult education in terms of improvement of enterprise because if a person is not educated, you may not expect him or her to know what is happening in the country in terms of technology that Sen. Kagwe was talking about. There are people who cannot have access to social communication media like skype or tango to be able to communicate with their children abroad. This means that they are technologically behind. I would like to urge that this function be devolved because the needs of counties are diverse. For example, in the marginalized areas, the level of illiteracy is different from maybe central province. The illiteracy level in north eastern is 80 per cent while in central province, it is 60 per cent. So, this function should be devolved to put us on the same level. 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. Deputy Speaker, Sir, I rise to also support this Motion. First, I want to congratulate my Chairperson, Sen. Karaba, who is the Mover of this Motion for his election as the Chairman of the Committee on Education. I wish to support this Motion on the strength that this Motion recognizes three important things which I will briefly mention. The first recognition which this Motion brings forward is the recognition that there are still illiterate Kenyans 50 years after Independence. There is also a further recognition that those illiterate Kenyans desire to become literate. This Motion recognizes that situation. This Motion also recognizes the fact that there are facilities which are available to further education in this country. In fact, as we continue to speak, there are thousands of classrooms that are empty from 5.00 p.m. every day. They are also empty on Saturdays and Sundays. These are already infrastructural facilities that can be used for education. This Motion recognizes the fact these facilities can be used to give education to those illiterate individuals. There is also a further recognition in this Motion; that this country nowadays is littered with several FM stations. These are outlets of communication which can be used to further education more specifically to those who are illiterate. There is also recognition that there is a new Government system which involves devolution. Devolution takes some of these facilities closer to the people and more particularly to the people who are literate. This is of course an opportunity that is recognized by this Motion. The Motion also recognizes the positive role which a literate population can play in a country. First of all, this country has experienced very serious challenges when it comes to elections. When you look at those challenges very closely, some of them, are directly or indirectly associated with illiteracy. Therefore, there is recognition that we need to educate these individuals so as to alleviate some of the challenges that we have in terms of issues like universal suffrage in elections. Mr. Deputy Speaker, Sir, we are aware of the ease with which governance can be monitored or administered in a country if the population is literate. This Motion recognizes that and urges that we give the illiterate a chance to become literate. We are constantly aware all the time that if we have an educated population, they are versatile in doing a lot of things like running businesses and being more economically productive. Therefore, for us to grow an economy that is well-founded, it is important that we get as many Kenyans as possible to become literate to a level where they can raise their own standards of living and raise the economy of the country. So, this Motion has this very good spirit and it recognizes a position in which we can find a way to give people some education. The recommendation is that we develop a roadmap which comes up as a result of development of a good policy in which we can use to develop ways and means in which we can give an education to the illiterate. That is why this Motion is a good one because it is going to give a roadmap. 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. Deputy Speaker, Sir, I would also like to add my voice to this very important Motion which has recognized that illiteracy is a problem in our communities. I would like to say that adult education is very important if this can be devolved down to the grassroots level so that our old mamas and their children can be educated so that they can understand what is happening around them. This will also enable them to do business because if you are illiterate, it is very difficult to do trade. How do you trade internally and externally with other countries if you do not understand what you are doing? We can also incorporate these policies in order to give guidelines on adult education. This will be good because when one is educated he or she will value education. If one is illiterate, he or she will not see the need to educate the children in order to prosper. This programme will also help eradicate poverty in our families and even in the counties because everybody will be educated and they will be in a position to interrogate many things going on in counties which are not right. By doing so, we shall have full participation by citizens of every county. With those few remarks, I beg to support.
Thank you, Mr. Deputy Speaker, Sir. I wholeheartedly support this Motion because it affects my county and other counties. I also want to congratulate the Mover of the Motion, my brother. I read in the newspapers today that he has been elected to be the Chairperson for the Committee on Education. I think the Committee is very relevant to his area and there is no doubt that he will deliver the mandate given to him to the whole country. Adult education is very important in the marginalized areas where people are not well educated. Those who are educated are people who also failed in their examinations; both in the primary and secondary levels. We know that education is a continuous process and, therefore, coming up with a policy of adult education is very important for us to achieve the 2030 Vision of increasing our literacy level. As some of the speakers said, the issue of external trade by illiterate people is out of the question. People who do small businesses globally, fail at times because they do not know their profit margins after selling their commodities or goods. Some of them do not even know how to do book keeping. Even if they were to open accounts at the banks, they would be at the mercy of the bank clerks who would be asking them to sign certain areas without knowing the amounts withdrawn. This way, you find a lot of cheating going on in the accounts of such people. Apart from streamlining the process of employment and also giving programmes to adult education officers, as one of the Speaker said here, most of the rural areas have illiterate people who tend to listen to FM stations. Sen. Karaba should also articulate 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.
Thank you, Senator. It appears that nobody else is interested in contributing. The Mover may now reply.
Thank you very much, Mr. Deputy Speaker, Sir. Thank you my colleagues, Senators and all those who elected me to the position of a Chairperson this afternoon. I am happy that this Motion has been dissected properly. It has been discussed and laid bare by the speakers. I am happy to note that the contribution was very rich in both words and material. It is also important to note that this Motion touches every corner of this country and affects the society. The Motion is very inclusive and is self explanatory in that we need to have our people literate. This is one of the requirements of the United Nations Charter on Human Rights and Education to which Kenya is a signatory. It is very important that a majority of us have seen the need of trying to scrutinize more on adult education since Independence. Mr. Deputy Speaker, Sir, you will realise that 50 years after Independence, education has not taken root in Kenya. Education being one of the most important services that we have right now and which is akin to the development in other areas, we should take note t hat there is urgent need to cultivate literacy among all the people here in Kenya. When you travel to other countries, even to visit our neighbours here in Uganda, you find very old men and women communicating in English language. This, of course, was noted when there was an evacuation in the Entebbe raid. The communication was that they should all lie down. Of course, they all did. Those people who did not understand English language were very few and only one or two were shot by the Israeli Commandoes. That tells you how important it is to have basic knowledge and skills. 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, Sen. Karaba. This is not a county motion as it is spelt out by the Standing Orders. So, it will be by voting of all Senators. Therefore, I will put the question.
Mr. Deputy Speaker, Sir, I beg to move the following Motion. THAT, pursuant to Standing Order No.28, the Senate approves its Calendar (Regular Sessions) for the second session. This Motion concerns the calendar for this House for the Second Session which started on 25th February and which is expected to run until 4th December, 2014. According to Standing Order No.28, read together with other relevant Standing Orders like 27, the Rules and Business Committee (RBC) is empowered to determine the Calendar of the Senate in every session and to submit its recommendations to this House for approval. That was done on 25th March, 2014. The RBC of the Senate met, considered and determined the Calendar which we have tabled before this House and which, as I have said, runs from 25th February to 4th December. Mr. Deputy Speaker, looking at this calendar, one is able to see that, in the overall, it compares very well with the calendar of the Lower House. That is important so 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 for HANSARD purposes, Senate Majority Leader, you need to refer to Standing Orders No. 27(1) and 28(8).
(Sen. (Prof.) Kindiki): Thank you, Mr. Deputy Speaker, Sir. I think somebody took away my copy of Standing Orders. Thank you for coming to my aid. For purposes of HANSARD, I am happy to say that the first Standing Order which has been complied with, as I said earlier on, is Standing Order No.27, which says---
I am just correcting; that you said that the sessions shall start on the third Tuesday when, in fact, it should be on the second Tuesday.
(Sen. (Prof.) Kindiki): Thank you, Mr. Deputy Speaker, Sir. It is the second Tuesday; I am sorry. That is noted. Standing Order No. 27(1) says:- “Except for the Session commencing immediately after a general election, regular Sessions of the Senate shall commence on the second Tuesday of February and terminate on the first Thursday of December.” Mr. Deputy Speaker, Sir, therefore, Standing Order No. 27(1), in that respect, has been complied with. Mr. Deputy Speaker, Sir, the other points I want to make are the points which have been determined in the paragraphs that follow in Standing Order No. 27(2). It says: “Despite paragraph (1), the Senate may, by resolution, alter the dates specified under paragraph (1) in respect of a particular Session.” 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. Deputy Speaker, Sir. First, I want to thank the Senate Majority Leader for the elaborate manner in which he has moved 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, Mr. Deputy Speaker, Sir. I stand to support. This is a very well thought out schedule and just to echo the words of the Mover and the Seconder; that it is a step forward to reaffirm the independence of Parliament. Looking at the manner in which it has been drawn, it has given sufficient time for recesses. Not for the purposes of resting, but for the purposes of giving Committees adequate time to do their work and even to tour around the country to familiarize themselves with counties, so that as we exercise our role in this Chamber, we are familiar with them. So, Mr. Deputy Speaker, Sir, without much ado, I think this is a very straight forward matter and I beg to support.
Mr. Deputy Speaker, Sir, thank you very much for this opportunity. May I also associate myself with the views of those who have spoken before me. In life, one of the most important things is about planning. I should reasonably tell you as a Senator in the Republic of Kenya where I will be on the 22nd day of February, or on the 4th of March, or any other particular day. So, what the calendar facilitates the Senators to do is to know the caches of time that is available. As Sen. Obure said, we can use this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
You are very welcome at anytime.
Thank you, Mr. Deputy Speaker, Sir. But sometimes I pray that some of you do not invite me, because of the logistics of getting to some of your areas. I remember jokingly Prof. Lonyangapuo was asking me: “ Utakuja West Pokot?” I did not answer it enthusiastically because you all know the infrastructure to get to West Pokot. But that said and done, I think that it would be important that we visit one another as part of “spirit building”. Mr. Deputy Speaker, Sir, I support this Motion that we adopt this as our calendar. I think that we can project reasonably what we are going to do for the next one year and the people of Kenya will be clear in terms of our calendar and mandate.
Thank you, Mr. Deputy Speaker, Sir. I also stand to congratulate the Senate Majority Leader for this Motion. As we all know, once you fail to plan, you will plan to fail. So, this calendar is giving us ample time so that we can be relevant in this House. Mr. Deputy Speaker, Sir, we are going to implement whatever we are learning. We are also supposed to be seen and work with our community together. Mr. Deputy Speaker, Sir, I beg to support.
Mr. Deputy Speaker, Sir, I rise to support the Senate Calendar which is well thought out. It gives us a vision of what we are supposed to do and where we are supposed to be in the next 12 months. 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. Naibu Spika, kwa kunipa nafasi hii ili niungane pamoja na wenzangu kumshukuru Kiongozi wa Waliowengi Bungeni kwa kutoa ratiba ya vile Seneti itafanya kazi. Bw. Naibu Spika, kupata nafasi inaonyesha kwamba ni muhimu sana sisi kwenda mashinani kujua vile hali ilivyo na vile vile kuungana pamoja na viongozi wote ambao walichaguliwa na kujua ni maendeleo gani yaliyopangwa na vile tutawapatia masomo ili tuweze kufanya kazi pamoja. Bw. Naibu Spika, kwa hayo machache, naunga mkono Hoja hii ilioko mbele yetu.
Mr. Deputy Speaker, Sir, I would like to join my fellow Senators in supporting this annual calendar as tabled by the Senate Majority Leader. Mr. Deputy Speaker, Sir, this calendar appears like a term-date calendar, in the sense that the total number of days that we are going to have recess is 159 out 365 days- and-a-quarter. That is quite a good proportion of time. I believe that this time will be enough for all of us who are in active Committees to visit the counties and make sure that, at least, they appraise the problems that various counties are facing as they discharge their duties at the county level. Mr. Deputy Speaker, Sir, it is also noted that the time for recess is very useful to all of us. There is no resting. It is a working recess. This is the time when most Committees plan to visit the various regions. It is my wish that anytime that these Committees visit, the host Senator is available to welcome them. We have noted that when we visit the counties during our normal recess or tours, we find that even the Senator is not there to welcome the Committees. So, I hope that when we proceed on recess and the Committees conduct visits, the concerned Senators will avail themselves to welcome those Committees. Mr. Deputy Speaker, Sir, the first recess starts in April, when most schools are closed and then we reconvene again on 3rd June, almost one month after the schools have reopened. This conforms to the school calendar; it is also important for us to note that some of us are parents. Those of us with children in school will also have an opportunity to take them to school. So, I find this calendar very friendly, because it is taking care of the mothers and fathers of the day. Mr. Deputy Speaker, Sir, I also note that the time given, particularly for the recess is adequate. This is the time that I would appeal to the Committees that are charged with the responsibility of visiting areas, like we have discussed the trouble spots around the Coast, to find time out to visit those areas and see to it that some of the problems that we have already articulated in this Assembly are solved. This is because as far as we are 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. Deputy Speaker, Sir, let me also take this opportunity to support this Motion as presented. I have to reiterate sentiments of my colleagues who have raised a number of issues which need to be addressed. As you are aware the notion out there is that the Senate is the Upper House.
Why do you think it is just a notion?
Mr. Deputy Speaker, Sir, it is to those who do not understand the Constitution but it is provided in the Constitution that we are the supervisors and defenders of the Constitution.
Not that I want to engage you, but what do you mean, it is a “notion” that it is the Upper House?
Mr. Deputy Speaker, Sir, there are those who do not understand the Constitution very well. I was grounding it on the Constitution that the Senate is the Upper House. We have a constitutional mandate to protect counties.
(Sen. (Prof.) Kindiki): On a point of order, Mr. Deputy Speaker, Sir. I am wondering whether it will be in order to request the Senator for Nyamira County to make it clear 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. Deputy Speaker, Sir, I am just saying that this is the Upper House---
Order! I was not trying to interrupt you, but when you say that “there is a notion out there…..” The point I am making is that when you say that there is a notion out there that this is the Upper House, I do not know how you interpret it. However, I am interpreting it the way I do. I think that is why the Senate Majority Leader wants that clarification from you as to whether that is what you meant to say.
Mr. Deputy Speaker, Sir, let me just say that it was just a misconception for those who have not read the Constitution very well. While I support this Motion, it will be very important for us to tour counties and show our electorate that the Senate is the Upper House. We have a constitutional mandate to safeguard the interest of counties. That is why I am saying that I support the Motion and reiterate the sentiments of my colleagues, Sen. Hassan and Sen. Karaba on the issues. It is understood that we have a huge task as the pioneers of this order of the new Constitution. It is very interesting that if you go to one corner of the county you are asked about your stand on several issues. With the current calendar and during the recess, some of us will carry out our mandate very well, where we shall try to move around with our meagre resources, to talk to our people in line with our role as stipulated in the Constitution. With those few remarks, I beg to support.
Mr. Deputy Speaker, Sir, this is a straight forward Motion and I think it should not be subjected to any amendment. This is an opportunity for this House to air its views and what the problem would be in the next one year. It shows that the management of the Senate is doing a very good job because we can see them planning. If we do not plan today, we may remain unplanned. Therefore, it is important for us to appreciate what the Senate Majority Leader has put forward to us. I hope that during recess, there will be no incident which will warrant this House to be recalled. It has been a practice in the past that during recess many things happen. I do not know why it happens during the recess. May be this time round with the new system of governance, things may have changed. I believe it has changed because we have very energetic leadership. We think the leaders of this nation will do what they say. I believe that they have a lot to lose if they do not stick to what they say. Mr. Deputy Speaker, Sir, we, as a Senate, need to be aware that if this country does not do well, it will not spare any one of us. Therefore, all of us must be concerned with the security of this nation. There is insecurity all over, including Mombasa and Nairobi. We need to be extremely concerned, especially during the recess. The things which are going on in Mombasa County are matters of grave concern and we cannot see the end of it. These issues of terrorism started many years ago with the Palestinian movement and later it was taken over by Muslim extremists. We need to know that it is not the resolution of this House or through Cabinet meetings that will stop what is happening. It is when we decide to change our system of management of our security 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. Deputy Speaker, Sir, I rise to support this very important Motion. I would like to thank the Rules and Business Committee (RBC) for doing what is supposed to be done. By looking at the calendar, I can say that is very well planned and the time for recess is very adequate. That is the time we re-energize ourselves and attend to our electorate because that is the time we are supposed to do a lot of groundwork. With those few remarks, I think the Motion is straight forward and I support.
Mr. Deputy Speaker, Sir, I stand to support the calendar as presented by the Senate Majority Leader. I have gone through it and I do not think there are any major changes that I would recommend. While supporting this, may I take this opportunity to condole with the grieving families who lost their lives and their loved ones in the barbaric attack in a house of worship by fellow Kenyans. I want to grieve with the families and the entire Christian community and the nation of Kenya. I want to state that these attacks in churches are going out of hand. In my opinion, I do not see what statement anybody could be making by attacking a place of worship. When you see the picture of the young boy aged one and a half years going through so much pain and suffering because somebody somewhere was annoyed with a Government policy, then I do not know what to make of it. What wrong did that child do? For those who lost their lives, the only criminal offence that they could have done is to go to worship their God. I think it is time that this nation comes out strongly to refuse to continue condoning and tolerating people who are hiding behind religion or any ideology or belief to kill fellow Kenyans and fellow human beings. In my opinion, and as a Christian, the Bible states very clearly that when you are slapped on one cheek then you should turn the other. What is not very clear is how many times you are supposed to be turning your cheeks. This is not indefinite.
(Sen. (Prof.) Kindiki) On a point of order!
What is your point of order, Senate Majority Leader? Do you want to give the number of times?
(Sen. (Prof) Kindiki): On a point of order, Mr. Deputy Speaker. I do not want to give, although I know the number. I was listening to Sen. Ongoro. She was making a very important contribution that relates to a very serious matter that is relevant to our country today. This is about the security incident. However, I was just wondering whether she is in order in terms of the rules of relevance and if whatever she is saying applies to the Calendar of the Second Session of the Senate.
Can you quote for me the Standing Order that you are relying on?
(Sen. (Prof) Kindiki): Mr. Deputy Speaker, Sir, rules of relevance are not provided for in any particular Standing Order. However, Standing Order No.1 says that anything that is not specific--- 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. Kindiki, there is a Standing Order that talks about rules of relevance. I want you to quote it and to tell me what it says.
(Sen. (Prof) Kindiki): Mr. Deputy Speaker, Sir, is it in the new Standing Orders or the old ones?
You rose on a point of order. It is upon you to tell me which one it is. I will not help you.
(Sen. (Prof) Kindiki): Mr. Deputy Speaker, Sir, can I rephrase my point of order? My point of order is: Is Sen. Ongoro in order to discuss the insecurity in Mombasa while we are discussing the Calendar of the Second Session of the Senate?
Thank you, Mr. Deputy Sir. I beseech you to rule the Senate Majority Leader out of order. This is a House of debate. I started by talking about the Motion on the Floor of the House. I am at liberty to debate any other Motion that, in my opinion, pertains to this. When I walked in, Sen. G.G. Kariuki was on the Floor. He extensively discussed this same issue. I did not see the Senate Majority Leader raising any point of order. So, are his points of order selective and discriminative against women and Christians? Thank you, Mr. Deputy Speaker, Sir, for protecting me.
Senate Majority Leader, are you satisfied or do you want to persist?
(Sen. (Prof) Kindiki): Mr. Deputy Speaker, Sir, for the record, I think I am not against women and I am not discriminatory. I just raised a very valid issue. For the record, I support and respect every Member of this House.
Thank you very much for supporting and respecting me. Women, children and Kenyans who have committed no offence have also lost their lives. To state that I am angry is a big understatement. I believe my emotions are reflective of the many Kenyans who are out there. For how long will we tolerate the killing of innocent people and yet we claim to be a sovereign state? This is the highest form of insecurity. If you cannot be secure in a house of worship, a church, which even during war is sacred, where are you safe? During the years, we have seen an orchestrated attack towards the Christian religion pointed and directed at the places of worship. The other day, in a church in Eastleigh, we lost many children who were attending Sunday school classes. We have had a record number of churches in this country attacked. What is amazing is that we are not seeing very strong statements from the leadership of this country and even from religious leaders. We have not heard them condemning this. However, when I make such statements in the Senate, which is the Upper House, the Senate Majority Leader, who leads the majority in this country, who are being killed day and night, does not see my point. 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. Ongoro, with respect to you and although I heard you quote Sen. G.G. Kariuki and what he said, if you look at Standing Order No.109, you will see that it refers to this matter. I do not propose to stop you because you are raising very important issues. However, yesterday, we had a Motion of Adjournment where this issue was discussed for two hours. Probably, that could have been the actual place to ventilate the issues of national importance that you are now raising. Standing Order No.109 talks about relevance. That does not mean that what you are saying is not important. No! I would be the last person to rule on that issue and say that. However, as the Senate Majority Leader said, we are now dealing with a statistics Motion which you started by saying is clear and does not need an amendment. That is how you started your contribution. That is the question that one has. I heard most Members who contributed on this issue saying that the calendar is important because you can arrange your own diary and know when you will go back to the county or where you represent. They then raised the issues that they would talk about and the importance of knowing that they will be on recess for 46 days because they will talk about security, insecurity, Katiba or whatever else they want. I think this depends a lot on how you couch your entry point of debate to these issues. However, the rule of relevance is there. Although I will not raise it myself, when it comes from an hon. Senator, it is my duty to consider it and give it due consideration and ruling.
Thank you, Mr. Deputy Speaker, Sir. I still want to say that I feel very relevant in my debate. This calendar that has been presented here contains a proposed recess for 46 days. I am building my case towards supporting the activities that we are supposed to undertake during the recess. That is why I am presenting my case. I started by saying that I am supporting the calendar as presented; without amendments. The calendar contains a proposed recess. I want to conclude by making a proposal to Members on the activities that we should engage in during the recess; which, I cannot present without building a case to support my presentation. What I am presenting touches on the security of our nation. I am building my case by saying that the attacks on churches are becoming too frequent. During the recess, we, as leaders in this nation, should all try to get to the root bottom of this. Children who are the future of this nation are losing lives. I want to state, because we, as a nation, are supposed to remain united and not to allow a section of this nation to think as if they are under siege, but we should try and understand the mindset of these very bad people who keep on killing other Kenyans. I do not know who they are, but they cannot be normal human beings. Yesterday, I listened to the County Commissioner in charge of Mombasa making a statement that I did not agree with. He said that people should be shot on sight. I do not 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. Deputy Speaker, Sir. I also rise to support the Calendar knowing very well that Standing Order No.28 gives us that opportunity to ensure that as Senators we know our calendar and that we plan ourselves better within the period we have been given. This is also an opportunity for the Chairpersons of different Committees to look at the calendar and to understand when they can take an opportunity in terms of bringing their reports to the House and using the House to debate on issues that they want us to work on. When we talk about the calendar, I can see we have a number of times that we will go on recess. That will be an opportunity for Senators to plan what they want to do within their counties and how they can go round as different Committees so as to understand what the counties are going through. The county assemblies will also want us to help them. We will also use the opportunity to see whether we are building synergy in terms of devolution and if we can build capacity for the different county governments that we have. When we talk about the calendar, we also appreciate the new Constitution. Indeed, Parliament has the powers to have a one year calendar which is not interrupted by the Executive. As we support these efforts, we hope and believe that it will help this Senate. As we look at the calendar, let us also take the opportunity to be in the House to follow up debates in terms of Committee reports. We should ensure that we have Members in the House who can support the reports. We should not just have the Chairperson laying a report on the Table with just few Members around. I hope that the calendar will assist Senators in terms of planning and in terms of knowing how they can deal with both their family issues and work issues. I know it has been a long time and some of us are already excited after seeing the recess. However, I want to urge hon. Members that since we now have many Committees, it is time to work in Committees. This is not a recess to go home and rest. Since this is a calendar that will be gazetted and which will be printed in the mass media, 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. Deputy Speaker, Sir, for giving me a chance to contribute to this Motion. I wish to support the Motion and congratulate the RBC for a job well done. I know it has taken them a long time to come up and compile all this report. Mr. Deputy Speaker, Sir, this is a very good calendar; it gives us clearly when and what we ought to be doing. The main reason I support it is because it has given us the vacation dates. These vacation dates will be well utilized, especially with the Committees which, as we all know, have been increased. There is a lot of work. It will give us time to network with all like-minded partners. For those who would desire to do research, to do benchmarking or any other important thing which will enable us exercise our work properly and to lead the country to where we desire. It is also a time where, especially during the recess, the Senators can utilize to build their capacities and even the capacities of their colleagues within the counties. 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, you have not contributed? Proceed.
Mr. Deputy Speaker, Sir, I also rise to support this Motion as brought by the Senate Majority Leader stating the calendar for the Senate for the whole of this year. It stipulates exactly what we are supposed to do, when and the real Business of that particular time. Mr. Deputy Speaker, Sir, you note that all of us remember that it is exactly one year since we came in as the Senate. There have been a lot of challenges that we have gone through. Indeed, as we go into year two, we need to look back and take stock of what we have achieved and how much we are yet to achieve. Particularly looking at the devolution business, I see that the Senate Majority Leader has really given us a time table which has a lot of business sponsored by himself and the Senate Minority Leader and touches mainly on what we are going to do, what we need to put up an anchor so that devolution can thrive. Mr. Deputy Speaker, Sir, it is just the other day that we strengthened the Committees and we even introduced new Standing Committees in the Senate. One of the key Committees that were not in existence is the Public Accounts and the Public Investments Committee, for which a lot of work is now going to come as we complete one year. I believe that the relevant Committee Members, particularly during the recess that we are going into in the next few weeks, will have a lot of time to sit – nearly daily – to look at the books that will have already come through from the Auditor-General touching on the counties. It is time that we rectified what we were unable to put into focus in the first year, rectify it as the Senate. As we go into year two, we need to put into perspective what is required. There have been a lot of misunderstandings, people sometimes do not know the role of the Senate and you can imagine that sometimes a lot of the Business of the Senate is quickly taken up by our colleagues in the Lower House. It is, indeed, the right time that, as we produce this almanac calendar, we need to assign ourselves duties to know the relevant Government departments that are supposed to produce Bills which are supposed to be discussed by the two Houses. We should sit down and produce work that is appropriate for each House to avoid the confusion that normally occurs when people are 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 now call upon the Mover to respond.
(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I thank you, for this opportunity. I am gratified, having sat here and heard the very useful comments that my colleague Senators have made in support of this Motion. Madam Temporary Speaker, I do not want to really repeat what has been said. The only other point that I will add in reply is that it is hoped, as we have said before, that during this Session, we will spend a little more time debating and passing Bills. This is because last year, we did a bit of work in terms of passing Bills, but the majority of our work was on Motions. So, it is hoped that during this Session, we will have more legislation. I want to give the assurance to this House, from the Office of the Senate Majority Leader, that we have lined up a number of Bills on devolution and on other aspects of our legislative mandate to ensure that, during this Session which ends in December, we will be proudly talking of not less than two dozen – if not three dozens – of Bills. That can be done. So, Madam Temporary Speaker, with those two remarks, I beg to reply.
This Motion before the Senate does not affect counties---
Madam Temporary Speaker, I beg to move the following 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.
Madam Temporary Speaker, first of all, I want to thank Sen. Musila, the Senator for Kitui, for the concern that he has expressed through this Motion on 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.
Madam Temporary Speaker, thank you for giving me this opportunity to contribute to this Motion. First and foremost, I wish to say that this is very embarrassing. It is a great shame to our nation. This is a nation which says that it has an education policy of free education until secondary level. The other day the whole country was in an election mode. Every political party had a manifesto indicating that they will offer free education from primary to secondary level but we still see schools withholding certificates. This is hypocrisy and double standards. Do we want to say that we have not had a government from 2006 or is it the Government which is not sensitive to the needs of students? I remember when the late Prof. Saitoti was the Minister for Education, parents were harassed left, right and centre and told that they must take their children to school. 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 giving me this time to also thank Sen. Musila for doing a commendable job. Before he moved this Motion, I was seated next to him and I was impressed to see the arrangement of papers that show the first time that this Motion was moved from November, 2004. As he moved the Motion, it is already on record that I opposed it. I opposed it because I knew the repercussion that it would have on the head teachers of secondary schools. At that time, I had just moved from being a head teacher to become a parliamentarian. I could, therefore, see the agony that the Motion would put the head teachers through at that time; 2004. The agony still persists. However, the Motion today reads something different. The Motion was passed by a majority even if I opposed it. The certificates of those former students should have been released them. That is what the Motion is seeking now. The Motion was passed and, subsequently, other amendments done to the Kenya National Examinations Commission (KNEC) Act and we have seen it here in written form. One of the functions of the KNEC is to release, after completion of any examinations, certificates to candidates. Just like you may be issued a certificate for attending the Senate sessions for five years that would be a certification of attendance, the same thing is done for students. This certificate, according to me, is important. The culture of the people we have is what may cause my friend, Sen. Musila, to be frustrated for nothing. The people who are charged with the responsibility of making it happen may not have done it then because there was no free education. Today, educational services are also not free. You have to pay for these services and they are paid for in terms of money. The head teachers, at that time, and even now, held on to the only paper availed to them; the certificate, with the understanding that the parents would be kind enough to pay the money which the boys or girls may have spent during their stay in school for either four or six years. The culture of Kenyans is very interesting. Once they are told that something is free, they go for it even when they have a lot of it. Even here, if we were asked to parade for free things, we would parade. I condemn parents because when they are asked to pay money for certain services, they readily agree to do it. They even go ahead and engage themselves with the arrangements that are provided for by schools. I am talking out of experience. We allow the students to complete Class One; this can either be Form One; and going 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.
Thank you, Madam Temporary Speaker. I also rise to support the Motion, knowing very well that under Article 43 of the Constitution, on social and economic rights, education is one of the rights for every Kenyan. Madam Temporary Speaker, we have to look at the challenges that we have faced for many years. I remember very well that during the former President Kibaki’s time, he had to ask the heads of schools to release the certificates of those students who had finished school, but could not get their certificates due to lack of school fees. This Senate can now resolve this issue once and for all. We need to ask ourselves: Are all the certificates that are being held for children from poor families? This is something that can be confirmed within the schools. The schools can provide this information and the Government can then step in and order the release of certificates of these former students. But where did this idea of withholding certificates come from? I think that it is an old policy that should be done away with, because it discriminates against those who do not have certificates. They cannot move on and achieve higher levels of education or even look for jobs. That certificate can also give you an informal job or even an internship, where you can get money and continue with your education.
Order, Senator! You have eight minutes remaining to continue with your debate when the Motion next comes up for debate. Hon. Senators, I want to also take this opportunity to remind you that tomorrow’s Sitting will take place at the National Assembly, Main Chamber. It is a Joint Sitting of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Thursday 27th 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.