Mr. Speaker, Sir, I beg to lay the following Paper on the Table:- The Annual Report of the Independent Electoral and Boundaries Commission (IEBC) 2013/2014.
Mr. Speaker, Sir, I seek indulgence on the Report on the Potato Produce Marketing Bill. The Report is ready, but it needs to be approved by the Committee before it is laid on the Table of this House. I know my Chairman undertook to have it laid today, but it has not been approved. Therefore, it will be ready on Tuesday. The only thing remaining is the approval by the Committee.
You can bring it on Tuesday, next week. Next order!
Mr. Speaker, Sir, I wish to request for the Statement from the Chairperson on the Committee on Security and Foreign Relations regarding the flawed Kenya Defence Forces (KDF) recruitment in Nyandarua-West Sub County. 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. Speaker, Sir, I will issue the Statement on Wednesday, next week.
It is so ordered Wednesday, next week. POLICY ON GENETICALLY MODIFIED ORGANISMS
Mr. Speaker, Sir, I rise to seek for a Statement from the Chairperson of the Committee of Agriculture, Livestock and Fisheries regarding the Genetically Modified Organisms (GMOs). Mr. Speaker, Sir, I would like to know from the Chairperson of the Committee on Agriculture, Livestock and Fisheries, the current national policy on the GMOs. Two, what is the status of the banning order of November, 2012 on the products propagated using GMOs technology. Is there any ongoing research locally on GMOs, specifically, plants products used as food such as maize, wheat, sorghum and potatoes? Lastly, for public information, to explain whether hybrid materials such as hybrid maize is considered as GMOs. Thank you, Mr. Speaker, Sir.
Yes, Vice Chairman of the Committee on Agriculture, Livestock and Fisheries; Sen. Ndiema.
Mr. Speaker, Sir, we request for two weeks to bring the Statement.
In two weeks time, the response should be here. 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, last week on Wednesday, I sought a Statement, particularly on the security situation at the Coast Region, the curfew in Lamu and the attacks in Mombasa. The undertaking by the Chairperson of the Committee on National Security and Foreign Relations was that he would give the response this afternoon.
Mr. Speaker, Sir, I wish to sincerely apologise considering the seriousness of the Statement required that I am unable to give this Statement. However, I want to tell the House that if this Statement does not come by Tuesday, next week, we will summon all the security apparatus in this country to come and appear before the Committee and explain why a simple Statement of “Yes” or “No” cannot be done within two hours.
Mr. Speaker, Sir, I want to commend that very robust response from Sen. Haji. That undertaking demonstrates the gravity and seriousness of this Statement. Based on the commitment by the Chairman Sen. Haji reasonably, Tuesday should be fine. We should be able to get some indication because the matter is urgent and current before we lose track of time in this whole process.
Good. Sen. Kembi-Gitura. ESCALATING BANK INTEREST RATES
Mr. Speaker, Sir, I have been waiting for a long time to get a final Statement on the Escalating Bank Interest Rates. The last time that the Chairperson of the Committee spoke about it, he said what he had was not satisfactory and that he was calling the Cabinet Secretary or the Governor of Central Bank of Kenya (CBK). I am still waiting. This is an important issue which I would like to get an indication of whether we are going to get the response this session.
Is the Chairperson Committee on Finance, Commerce and Budget here? Any Member of the Committee?
Mr. Speaker, Sir, I am aware that the matter came to the Committee on Finance, Commerce and Budget. In fact, the Committee has arranged for the Governor of the CBK to come to the Committee sitting as well as the Cabinet Secretary responsible for Finance at the National Treasury. However, he was away as well as his Principal Secretary. It is a matter that we have taken very seriously in the Committee. Therefore, when the Chairperson comes, we will give a comprehensive answer. However, I am unable to predict when that will be. But we can safely say in about two weeks.
On a point of order, Mr. Speaker, Sir. I know I did not ask that question, but that question was asked quite some time ago. It is a matter of such grave 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.
That is a fair concern, Sen. Mutahi Kagwe.
Mr. Speaker, Sir, it is because of the gravity of this situation and the matter at hand that we propose that is not just a question of calling Cabinet Secretary Rotich or his Principal Secretary. This is a matter that needs to be discussed at length. In fact, in addition to the Treasury and the CBK, we were also going to engage the Kenya Bankers Association (KBA) so that they can also explain to us exactly what is happening. Rather than come here next week or a few days with another answer that will fall short---
Order, Senator! Nobody is contesting what you must do to get to the bottom of the problem. It is the period in which you want to do. The specific request from Sen. Hassan is that, in fact, to demonstrate the gravity of the matter as you have correctly observed that the matter must be dispensed off with preferably before the recess.
Mr. Speaker, Sir, I will convey that to the Committee. We will try as much as possible to ensure that the question is responded to before the recess. DEPLOYMENT OF THE KENYA DEFENCE FORCES (KDF) IN TIATY CONSTITUENCY; BARINGO COUNTY
Mr. Speaker, Sir, yesterday the Vice Chairperson of the Committee on National Security and Foreign Relations undertook to give a response to the wanton destruction of property by our security officers in Tiaty today. I am waiting for the answer.
What is your response, Sen. Adan?
Mr. Speaker, Sir, Sen. (Prof.) Lonyangapuo is jumping the gun. I had requested to give a response. But nevertheless, I can give the response now. It reads as follows:- On 29th October, 2014, Sen. (Prof.) Lonyagapuo requested for a Ministerial Statement on the security operations in Silale Ward in Baringo County. In the request, he alleged that all shops at Ameyan Trading Centre, a church and primary school were burnt down on 28th October, 2014 and 29th October, 2014 by Government security agencies. He particularly sought answers to the following questions:- (a) Why the Government security agencies destroyed people’s property? (b) When the said method of operation will be put to a stop? (c) When the Government will rebuild the burnt shops, church and school? I wish to state as follow:- (a) The allegations that all shops at Ameyan Centre, a church and a primary school were all burnt down on 28th October, 2014 and 29th October, 2014 by Government security agencies are not true. (b) It is a serious offence for security agencies to commit such activities. In case there is any person with a complaint of property burnt down by security agencies, the same should be reported to the nearest police station for appropriate action to be taken. 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 appreciate the response and answer that has been brought quickly as it was requested yesterday. It looks like the Ministry is taking this matter casually. It is not alleged that shops were burnt down. They were actually burnt. Ever since I asked this question more towns and centres have been destroyed. When the statement says that it is alleged that they were burnt, this is not true. Every eye saw this, including Cabinet Secretary ole Lenku, who was with us that particular day. This part of the answer is not satisfactory. A proper answer needs to be brought. Secondly, the response states and I quote:- “It is a serious offence for security agencies to commit such activities.” The response goes on to give a way forward and states:- “In case there is any person with a complaint of property burnt down by security agencies, the same should be reported to the nearest police station for appropriate action to be taken.” Mr. Speaker, Sir, I am surprised the way---
Order, Senator! I am equally surprised that you are just reading the same Statement. That Statement was read to the House. All of us heard it. Your job is to seek clarification.
Yes, Mr. Speaker, Sir. The clarification was supposed to be so clear by me re-reading it, so that it comes out this way. Many people have attempted to go and report that their property was looted and shops were burnt down. Many things happened, including cows that were bombed. No statement has been taken. Why? The police officers that the answer purports to send them to say: “You are not allowed to come and report.” I want to hear from the Vice Chairperson, give us the direct address where people can go and report because the police are refusing to take statements. Lastly, the Statement states that there is wanton destruction of property in Kapedo; the bandits have not destroyed anything. We want all the bandits to be arrested. Which property is being alleged to have been destroyed? I thought it is the houses and the shops that we are talking about that have been destroyed. Indeed, I appreciate that we must get all these criminals. However, to date, when they are given the list – I am told the Deputy County Commissioner (DCC) has a list of some of the names of the criminals. The KDF have refused to go and look for them. Is it in order that the Statement still hangs here saying that the criminals will be sought when no action is taking place and innocent people are being targeted?
Mr. Speaker, Sir, unfortunately, what we are seeing in Kapedo reminds us of what we used to see on television in the 1980s and early 1990s 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, my own assessment of the Statement is that it is far from adequate to respond to the weighty issues. Clarify for the purpose of this Senate, is a Government allowed to close its eyes to the obvious? The fact that violations are taking place is a matter that is obvious to everybody. Secondly, can the Senate set itself standards to deny responses that are characteristic, particularly from agencies of national security? I have seen it over and again even at the time when I used to serve at the Kenya National Commission on Human Rights (KNCHR) that they would tell you, if there is really an issue of that nature, tell the relatives or somebody to report to the nearest police station. In law, the Government is under duty and obligation to act within the law. So, you need not file a complaint to the police. The police can, out of its own volition, undertake an investigation. To try and tell Sen. (Prof.) Lonyangapuo to go and record a statement is tantamount not to acting on that matter or to put a denial that is not acceptable within democratic practices and this Senate.
Mr. Speaker, Sir, could the Vice Chairperson further clarify why the military went to Kapedo in clear violation of Article 241(c) without the necessary approval of the National Assembly? Further, could the Commander of the KDF take political responsibility and resign in view of what has happened in Baringo, West Gate and other places? This includes the Cabinet Secretary hon. Rachel Omamo. When will they take political responsibility and resign?
Mr. Speaker, Sir, now that Sen. (Prof.) Lonyangapuo has clearly said that the Commissioner has already given the names to the security forces and the security forces are pursuing the raiders in vain. Could the operation be called off and follow up with the names that have been given?
Vice Chairperson, you can now respond.
Mr. Speaker, Sir, first, let me confirm to this House that the matter in question is serious to all of us. The security issue is a responsibility of all of us, as leaders. We, as a Committee, base our response on the information we have. However, it looks like there are further clarifications that are required by Members which I might not be able to give right now. I will seek for further clarifications on the issues that were raised, especially on the concern of the resigning of the security officers. I might not be able to respond to that because there are procedures of removing those officers. Those procedures must be followed. Secondly, the issue of the operation in Kapedo is an ongoing matter. We might not have information right now in terms of whether they have managed to get the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I rise to issue Statements under Standing Order No.45 on the Business of next week. On Tuesday 18th ---
On a point of order, Mr. Speaker, Sir. I thought that we have not exhausted this one and---
Order, Senator! Those are just your thoughts. Keep them to yourself.
One more clarification.
The Chair has opposite thoughts. The matter has been exhausted. You will have another opportunity because the Vice Chairperson promised a similar Statement that is related coming next week. So, you can still ventilate whatever is remaining. Proceed, Sen. (Prof.) Kindiki.
(Sen. (Prof.) Kindiki): Thank you Mr. Speaker, Sir. At this rate, I am scared of saying what my thoughts are. Mr. Speaker, Sir, on Tuesday 18th November, 2014, as usual we will have the Rules and Business Committee (RBC) meeting at noon. The RBC will schedule Business for next week. Meanwhile, the Senate will continue on that day with the Business that will not be concluded this afternoon, including debate on Bills which are at the Second Reading and Committee of the Whole stages. Once again, let me take this opportunity to kindly appeal to Senators to be more committed to our work because we have a number of Bills which are almost at conclusion stage. I am not trying to say that any of the Senators is not committed, but we can process quite an impressive list of Bills in the next three weeks before we go on recess. At least, we can be happy this year that the Senate has done a good job, especially in the line of Bills. Remember last year, we did not do very well on Bills because we were also handicapped by other reasons, including infrastructure. Mr. Speaker, Sir, Wednesday is Motions day. Of course, Business for Wednesday will be scheduled by the RBC. However, some of the Motions that are of priority, that are going to be deliberated on include:- 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. (Dr.) Khalwale?
Mr. Speaker, Sir, I would like to thank the Senate Majority Leader, especially for what he did this week and specifically the way he moved his Motion a few days ago. However, he has told us that on anticipated Business there is the Motion by Sen. (Prof.) Anyang’-Nyong’o on harambees. In view of the good spirit that he has brought, could he undertake, just in the interim period to stop the sky team initiative of harambees all over the Republic until this matter is debated, considered and determined?
On a point of order, Mr. Speaker, Sir. I also feel that as we go to the paces of facilitating the conclusion of this Bill, maybe Sen. (Prof.) Kindiki can add more perspective in the Bill at its formative stages and throughout all the stages, knowing his vast experience in the field. 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. Will I be in order to propose that rather than the sky team stopping, they should do very many harambees, very quickly before this thing comes to an end?
The Senate Majority Leader, any response?
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, there is nothing to respond to. My only worry is that Sen. (Dr.) Khalwale, a man I have tremendous respect for and Sen. Hassan, a man I respect significantly, are mixing serious issues with the jokes that we crack when we are on the streets. The serious issue here is that this week we moved a very serious Motion and that, they appreciate. However, regarding the joke that he is talking about the sky team, it should go on record that the last time I was going to access the sky, at Wilson Airport, I met Sen. (Dr.) Khalwale. I even took photographs of him boarding a plane and headed to one part of this country. Is he in order, therefore, to call people sky team when he himself is a frequent flier?
I guess now the Senate Majority Leader will appreciate that he should not be worried about thoughts anymore. Next Order!
Order Senators! We need to conclude this Motion. Sen. Hassan, you may proceed.
Mr. Speaker, Sir, I support this Motion by the Senate Majority Leader, at this critical time when the media has made it appear like we are disgruntled, fighting the National Assembly and have been sidelined. I want to start my contribution by saying that is far from the truth. What we must demonstrate and continue to reinforce to the public out there is that the Senate is simply trying to ensure that the constitutional The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Order, Sen. Hassan Omar! Do not go that way.
Mr. Speaker, Sir, I will be cautious in what I say, but I was simply trying to articulate the message that we are going to the Supreme Court at the first instance for redress. Even from a political contest, the Senate will still carry the day if we were to go back to the people of Kenya. Mr. Speaker, Sir, we are requesting our brothers and sisters to heed. I have heard the most obnoxious arguments by some Members of the National Assembly. How dare somebody make a statement that I, Hassan Omar, who has been elected by six constituencies, am inferior to somebody who was elected by one constituency? That is political buffoonism in terms of the argument. Common logic says that if your footprint of election is larger, then your authority and political standing is also larger. We do not need to have any contest with Members of the National Assembly. I have seen Members of Parliament making those fallacious arguments. Which Kenyan will believe that a man or woman elected by a myriad of constituencies can be subservient to a person elected from one constituency? Mr. Speaker, Sir, I think we have been too restrained in our response. I urge the Senators to continue being restrained. I think that restraint is what is providing this country with moderation. Sometimes we must exhibit political sophistication as the Senate because people expect a lot from us. The galaxy of stars that I see here, these are people who are the brands in their own respect. Ask any Kenyan to name for 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.
Mr. Speaker, Sir, there was a time we could not even dream. There is a dream that is coming true where people who have never seen roads since Independence are right now breaking ground for roads. How dare you say you do not know the reason the Senate is there? How dare you undermine the Senate? I need to send these polite words that we will all talk to our leaders in our respective coalitions. Tell them, and we will tell ours, we shall be friends in so far as the common agenda about the party remains. However, where anybody transgresses the boundaries and thinks that the Senate is nothing, we shall fight you even within those parties and coalitions.
Mr. Speaker, Sir, you cannot bring us in here and render us almost impotent to deliver and then you go making large political plebiscites. The reason people have created doubt on this Senate today is because deliberately we have undermined and manufactured consent that this Senate counts for nothing. Of What use am I to Raila Odinga, Kalonzo Musyoka and Moses Wetangula if I sit with him during the day and he undermines the Senate during the night? You shall not be my leader if that is what 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.
Order! Sen. Hassan, your time is up!
I support, Mr. Speaker, Sir.
There is always an indication of the yellow light for five minutes. Sen. Amos Wako
I am now starting. Time starts counting now---
Order! Sen. Wako, proceed.
Mr. Speaker, Sir, first, let me say that I support this Motion. I want to take this opportunity to express my appreciation and thanks to the Senate Majority Leader and Senators such as Sen. Mutahi Kagwe and other Senators from the Jubilee Coalition, which forms this Government, for supporting this Motion. Their support is very critical in the survival of the Senate. We are aware that the first Senate went down because of a coalition between the national Government and the National Assembly at that time. We are aware that in situations such as Kenya, the greatest threat that devolution such as what we have in Kenya or a federal situation that we have in other countries, the national Government is the greatest threat. Therefore, to have Members who come from the ruling party supporting this Motion, gives me some ray of hope that we are going to survive. What I want to say is that with or without their support, the Senate is there greatly underpinned under the Constitution. Going into the history of this issue, you may recall that at the beginning of our term, we made a deliberate decision to go to the court for an advisory opinion. It pains me that we have to go to court again for an advisory opinion. Why am I saying so? We made that deliberate decision to go to court for the advisory opinion because, at that time, we did not want to declare the Division of Revenue Bill null and void because of the implications that it would have had on the financing of the Government. We went to the court for advisory opinion to advise us that, one, the method used in that Bill was wrong, but also to provide guidance on legislative procedures between the National Assembly and us. I am very pleased that the Supreme Court lived up to our expectations, that they interpreted Clause by Clause how a Bill should be originated, how it should come to the House, how it should be dealt with and after the debate what should happen up to the time the President assents to the Bill. They went into considerable details on this. The advisory opinion, also went further than that, they made comments on what a Bill 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. Wako, your time is up!
Order, Members! I see a lot of interest and we also must dispose of this business today. So, I am suggesting we reduce the time to five minutes so that we allow as many people to participate as possible.
Thank you, Mr. Speaker, Sir. I would like to add my voice to this very important Motion which has been brought to the Floor of the House by the Senate Majority Leader. That is a commendable job because this Senate has been working under difficulties, starting from last year when the Division of Revenue Bill was deliberated on by the National Assembly and it bypassed us. It was then sent for assent without our input. This led to us going to the Supreme Court to seek an advisory opinion. It was costly for both Houses of Parliament. The advice was given for the way forward, but as I see it, the National Assembly Speaker has continued to disregard that advice that was given by the Supreme Court. Mr. Speaker, Sir, the Constitution is very clear and when you read Article 93 which is about the establishment of both Houses of Parliament. Article 93(1) says: “There is established a Parliament of Kenya, which shall consist of the National Assembly and the Senate.” Mr. Speaker, Sir, So, we are here by our right which was given to us by the public. Sub article (2) says:- “The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution.” Mr. Speaker, Sir, this is very clear. I cannot imagine myself, a leader in the National Assembly, standing up and making very unfortunate statements; that the Senate has no work and that we need to go home. This talks about both Houses because we are tied together. It is about devolution and the mandate for the Senate is very unique and distinct. This is because we protect the interests of counties. So how can you say that we do not have work? They are the ones who are passing Bills and they do not want to pass them through us. What is the fear? This House is a very respected House. We have debated in a proper manner and we have carried ourselves well before the public. What I do not see is why the National Assembly is encroaching on our mandate. They are trying The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Your time is up!
Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to this very important Motion. The manner in which this Motion is drafted is sufficient enough to convince anyone to actually support it. This is because it really details the prevailing circumstances which the Senate has found itself in, not once or twice, but from the time of its inception. The Senate has constantly been referred to as a House which is the voice of reason. It is a House where quite a number of its Members are not only old as described by our counterparts in the National Assembly, but in my The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Your time is up!
Mr. Deputy Speaker, Sir, I stand to support this Motion. A lot has been said and I have one or two things to add. The Government has three arms, that is, the legislature, the executive and the Judiciary, but under the circumstances 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. Deputy Speaker, Sir, I stand to support this Motion. As has been stated by many speakers, Articles 95 and 96 are very clear. The Executive which we represent here as a party was involved in the making of this Constitution. Sometimes it is embarrassing that we sit here to see the Opposition taking advantage of the mistakes that are being done by the National Assembly and the Executive. I am saying so because the National Assembly is becoming a rogue House. It did not start yesterday. It started with the demeaning of the Senate. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I want to join my colleagues in supporting this Motion. As we watch the debates in the National Assembly and read utterances in the newspapers, and sometimes watch on TV, we wonder whether the two gentlemen who come unfortunately from the side of the coalition where I am, are really there for the good of this Government or they are there as moles to bring down the Government. I am saying this because they have now become so “powerful” to the extent that they can dare the Constitution by allowing even such utterances such as; “Senate must go.” How can they say that the Senate must go when the role and the function of Senate is clearly indicated, which is different from that one of the National Assembly? They complement one another to make the House of Parliament. I sometimes fail to understand whether these people could be the ones who were opposed to the creation of this Constitution. You recall that there are people who vehemently fought the enactment of this law and eventually when the Kenyan people spoke and came up with this Constitution, it looks like they did not subscribe to this. If they did, they would not be speaking the way they are doing. I fail to understand how 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 thought we will be given more time to talk about this Motion. Some Members were lucky to talk for almost an hour while others are going to speak for five minutes. If you look at this Motion very clearly or carefully, in my view, it is seeking or requesting the entire public of Kenya and all the institutions to adhere to the Constitution. There is nothing else that we are after. This Motion is not seeking for any support or additional power from anybody. We want to be where we are. This is because we know that the day we shall need additional powers, we know where to get those powers. Therefore, I feel very sorry because I know that this country has the most educated men and women south of the Sahara. I get concerned when I see things happening without any good reason. For example, we can speak here for the whole day but are we going to prove to anybody that the Attorney-General (AG) does not know what is happening? Are we going to convince anybody that the Head of State does not know what is happening? Are we going to think that the National Assembly is just a bunch of fools and that they do not know or understand what is happening? We know for sure that the National Assembly and all other institutions do not require any advice from anybody. In fact, political leaders of this country are ridiculous because they have the power and everything they are supposed to 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. Deputy Speaker, Sir, for giving me the Floor. My contribution will be in support of this Motion. I, first of all, want to thank the Senate Majority Leader for the initiative to bring this Motion at this opportune time. I also wish to say, from the outset, that I am in agreement with the sentiments which have been eloquently expressed regarding this Motion by my colleague Senators who had the chance to speak before me. The Constitution of Kenyan 2010 was supported and voted for overwhelmingly. People spoke loudly and clearly and their decision, voice and desires expressed through their vote must be respected. The duty of all of us is to respect and uphold this Constitution and the institutions it created. We do not have a choice, if we wish to move forward together, but to uphold this Constitution and protect it at all times. One of the major reasons that Kenyans supported the Constitution of Kenya 2010 was devolution. In devolution, Kenyans see fresh hope. In devolution, they see an opportunity for equitable sharing of national resources. In devolution, they see an opportunity to achieve a faster case of development in their counties. In devolution, they also see an opportunity for better service delivery from their county governments. They would no longer be marginalised if the system was properly effected. The role of the Senate is to protect devolution and the interests of county governments which have been formed to advance and actualize the objectives of devolution. The drafters of this Constitution must have known and envisaged that there would be elements in our society who would undermine devolution. The drafters were right because these elements have now emerged. Elements of devolution were determined to move in a systematic way to kill devolution. First, they start with the institutions whose role is to protect county governments. Once that is done, the remaining task will be much easier to accomplish because county governments will have been exposed in the absence of the protector, the defender 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.
Mr. Deputy Speaker, Sir, as I support the Motion, I want to be a bit generous to some institutions out there. These are the National Assembly, the Executive and the Judiciary. I extend my generosity by lifting this copy of the Constitution so that as we talk about it--- Some leaders and institutions may not be aware of what we are referring to. The Constitution of Kenyan 2010, which is available everywhere, looks like this.
This is a Kenya Gazette Supplement No.55 of 27th August, 2010. Above all, I want to refer my concerns to Chapter 8 of the Constitution Part 4. Chapter 8 is in page 63 of the copy that I have. I will go ahead to quote some articles in this Constitution and especially Article 93 which is on the establishment of Parliament. Article 94 talks about the role of Parliament and Article 95 talks about the role of the National Assembly. Article 96 talks about the role of the Senate. Article 97 talks about the membership of the National Assembly and Article 98 is about the membership of the Senate. Article 110 is about Bills concerning county governments. Article 111 is on Special Bills concerning county governments and Article 112 is about Ordinary Bills concerning county governments. Article 113 talks about the Mediation committees and Article 114 talks about Money Bills. Article 115 talks about Presidential assent and referral. Chapter 10, Part 2, page 163 talks about the Supreme Court where we are heading to for an advisory opinion. As referred to in Cap.10 where we get the Supreme Court, it has been caused by probably the ignorance of the Members of the National Assembly or them assuming the Constitution that we have and also negligence from the Attorney- General, who should play the role of advising the President on the way forward as far as the Bills are concerned. Mr. Deputy Speaker, Sir, Cap.11 talks about the devolved government; Part I talks about objects and principles of the devolved government. With the spirit of respecting the Constitution, we will really need to understand that without the Senate, it means that the devolved government cannot be realized as it is the link between the national Government and the county governments. I, therefore, want to support the Motion and condemn those leaders who feel that the Senate has no role to play. 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 the opportunity to add my voice to what the rest of the Senators have said. Let me begin by first, congratulating the Senate Majority Leader for moving this Motion and the Senate Minority Leader for seconding it. This is a fairly straightforward matter that requires very great prudence on the part of the National Assembly leadership. However, this leadership did not take the bait and show this prudence. Why I say this is because Article 95 is very clear on the role of the National Assembly. Article 96 is also very clear on the role of the Senate. However, although this shows the distinct roles of the two Houses, Article 110 makes it complimentary that the two Houses have a complementary relationship; that is, to ensure that the institution of the two Speakers is highly respected. And because of this, it requires that before any House considers a Bill, the Speakers of the two Houses must actually ascertain and resolve any question whether it is a Bill concerning counties. That was the prudence that was needed by the leadership of the National Assembly.
Mr. Deputy Speaker, Sir, this Senate is here to stay. If I may quote in Swahili: “ Sisi kama Wanaseneti hatubanduki ” This means that we shall not be moved. This Senate has not been created by an Act of Parliament but by a plebiscite of Kenyans. It was not just an ordinary plebiscite but a landslide plebiscite. It horrifies me to see that the Speaker of the National Assembly is treating this House with contempt and yet we know that the Senate is actually the guardian angel of the counties. It is not just the guardian angel, but the custodian of all legal aspects including ensuring that the Bills, especially those concerned with money to the counties are well looked into. Mr. Deputy Speaker, Sir, it horrifies me to see that over 46 Bills were actually enacted into legislation and the President of this country was actually misled into signing these Bills. This trend of not obeying the rule of law in this country must come to an end. That is why the military can descend on poor Kenyans in Baringo with impunity without seeking the approval of Parliament. One of these days, the citizens of this country will storm this Parliament like they did in Burkina Faso simply because we have refused to hear. If I may quote, one day the late Hon. Mwangale in Parliament told a story of a rock and a tortoise. He said that the tortoise told the rock: “You, rock, even though you have refused to bulge, you have nevertheless heard me”. I hope that the rocks in the National Assembly have heard what this Senate has been saying since yesterday afternoon. We will continue lamenting until we have a revelation. I want to conclude by saying that the bed bug one time told its young ones when hot water was poured on to the bed: “My children, be patient because there is no permanent situation or solution”. I know that one day this Senate will prevail. Thank you.
Thank you, Mr. Speaker, Sir, for the time you have given me to support this Motion. This is a political question which requires political answers and the political head of the nation is the President of Kenya. When our Constitution has been mutilated and the views of the “Upper House” have been disregarded, the buck stops with the President of the Republic of Kenya. 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 stand to support the Motion which is really addressing the core function of the Senate. This Motion is arising from a situation where the Senate is consistently being denied the opportunity to exercise its mandate given by the Constitution. The Senate or a Senator is a creature of the Constitution. The Constitution itself is a live document that must be kept alive all the time, with all its features. The Constitution bestows upon the Senate certain responsibilities which it must perform. These are found in Article 96. Article 96 (1) says:- “The Senate represents the counties, and serves to protect the interests of the counties and their governments.” This article does not specify “represent” in which aspects. To me, it means that, as the Senator for Trans Nzoia, I represent my county in all aspects and Bills whatsoever. The Senator, therefore, has no choice but to do what he is supposed to do, in addition to what is mentioned under Article 96 (3), which is oversight. It has no choice but to oversight over resources allocated to counties. Therefore, what the Senate has been doing since its formation has been to perform its mandate. Any effort, in my view, that seeks to stop, delay, suspend or injunct would be unconstitutional, because it seeks to suspend the Constitution. Mr. Deputy Speaker, Sir, I refuse to believe that some of these things are being done through ignorance, oversight or mistakes. This is because the mandate of the Senate is very clear and can be understood by everybody. I only think that it is being done by forces that feel like history should repeat itself; that since the Senate went a long time, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Your time is up!
Mr. Deputy Speaker, Sir, I beg to support.
Thank you, Mr. Deputy Speaker, Sir. I stand to support this very important Motion. Mr. Deputy Speaker, Sir, I would like from the outset to state that the Constitution is made for posterity. Therefore, it is for us here now, our children, the children of our children and so on. Constitutional office holders are supposed to make this document better by practising---
Order, Sen. Wako! Is there a problem?
Yes, Mr. Deputy Speaker, Sir. There is a small problem which I am trying to handle.
I can see you all over the place. Sen. Kuti, continue. Your time was held.
Mr. Deputy Speaker, Sir, I was saying that all constitutional office holders are supposed to make the Constitution better by practising it and reviewing every now and then areas that cause difficulties. But if constitutional office holders try to play or utilize their good offices to belittle this document, then time will catch up with them. We have learnt in the 50 years of Independence of this country that those who go the wrong way will be judged harshly by history. For example, we had prison cells in Nyayo House. Those cells are nowhere today because time has passed and it has become an issue of ridicule. So, being a Jubilee Senator, I will hate to see one time down the line that our President may have signed documents, because of people’s ego or ill advice, that one day will be looked at as unconstitutional. It is because of posterity and the Constitution that we, as constitutional office holders, must be very careful when we try to use our good offices to bend or break the laws. Time will catch with you. Mr. Deputy Speaker, Sir, the struggle for freedom and rights is a continuous thing. Today, I join the Senators who have contributed and said that the issue of playing with the Constitution and making laws that do not follow the procedures will be objected to by this Senate. It is such voices that have brought Kenya where it is now. There was a time when you could not mention the name of the Head of State publicly. Today, because of the kind of voice that is going on right now in this Senate, we were able to put even in cartoons the President’s images and what people feel about the presidency. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Your time is up, Senator! But I will add you a minute so that you can conclude, because I think your time was not held.
Mr. Deputy Speaker, Sir, I was trying to conclude by saying that it is very right for this Senate to bring this Motion. This is the right time and we should always stand up when the Constitution is being broken by office holders. I warn all office holders that history will judge you harshly. You better use your office to uphold the Constitution, because we have all taken the oath to uphold the Constitution. It is important that you play your card right, otherwise, time will catch up with you. It will be a shame one day to see 46 laws being declared unconstitutional. That is the time you will realize that you used your office wrongly. Mr. Deputy Speaker, Sir, I beg to support.
Mr. Deputy Speaker, Sir, I also stand to support this Motion. Let me start by saying that if you take into account the fact that seven out of ten Kenyans, voted for this Constitution. If you read through the Constitution, the central theme that runs through it is devolution. So, it is right to refer to devolution as the spirit of the Constitution. When we came to the Senate and started experiencing teething problems, I took them for granted. I do not think I want to state like that now. These include lack of offices, the continued reversal by the Judiciary of all major decisions by the Senate – the first one I took it for grated; but this is one too many, it is telling. When the first Bill was assented to without due process being followed, again, I thought that was a very bad oversight but 46 Bills later, this is really telling. In my opinion, I see a calculated attempt to weaken the Senate and by extension remove a key pillar that supports devolution and by extension killing it. Unfortunately, for those who are orchestrating this, they did not realise that by killing devolution through attempting to kill the Senate, they are actually directly attacking the Jubilee Government. I do not want to believe that all the leadership of the National Assembly including the Speaker and the official advisor of the President, the Attorney-General and the not so many unofficial advisors of the President that all of them either do not understand, have not read or do not really take into account the implications of this oversight. I do not believe so. This is a very silent and salient attempt by those who are supposed to be advising the President. They are calculating the misadvise, they have not weighed their options and they do not know the implications and do not think we are going to sit and allow them. Mr. Deputy Speaker, Sir, let me just start appreciating the tolerance and the character exhibited by individual Senators and the Senate collectively. We have been patient, acted with a lot of decorum, even now we are just doing what we need to do by going to the courts. However, nobody should think that this tyranny of brains in the Senate will take anything lying down. If something happened to the first Senate, I do not want to comment how and why it happened but, definitely, that will not repeat itself. By attacking the spirit of the Constitution, which is devolution, you are actually trying to rubbish that same Constitution thereby hitting at the core of what Kenyans now hold in high esteem and overlooking the supremacy of the Constitution. Mr. Deputy Speaker, Sir, our Speaker Hon. Ethuro, has shown leadership in this matter and on this one matter, I want to appreciate the strength of character that has been The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Your time is up.
Bw. Naibu Spika, asante sana kunipa nafasi niungane pamoja na wenzangu na vile vile kuchukua nafasi hii kumshukuru Kiongozi wa Wengi, Sen. (Prof.) Kindiki, kwa kuleta Hoja hii ambayo ina umuhimu sana kwa kulinda haki ya kikatiba ya Seneti. Tumevumilia kwa muda mrefu, karibu sheria hamsini zimepitishwa na Nyumba Ndogo, National Assembly, na kutiwa sahihi na Rais, kinyume na Katiba. Ilikuwa ni wajibu wa Spika wa National Assembly kushauriana na ndugu yake, Spika wa Seneti, ili waweze, kufanya chombo ambacho kinaitwa consensus na kama sheria hizo zinaambatana na devolution ama kulinda haki ya county government ama countyassembly. Hivi sasa Katiba yetu inatupa haki ambayo watu walikuwa wamenyimwa kwa siku nyingi lakini sasa inapatikana. Kama Kaunti ya Lamu haijapata maisha yake kwa miaka hamsini kiasi cha fedha cha Ksh1.7 bilioni. Ingawa pesa hizo hazitoshi lakini inaonekana ya kwamba kazi inafanyika. Hivi sasa katika Kaunti ya Lamu, kuna miradi mikubwa ambayo inafanywa bila kuhusisha watu na Seneti ambayo inalinda haki ya devolution, hizo sheria si za halali. Tunaomba Mkuu wa Sheria anapowasilisha sheria kama hizo kutiwa sahihi amwambie Rais wetu aangalie kama kuna kile cheti ambacho kimewekwa sahihi na Spika wetu wa Seneti na Spika wa National Assembly. Sisi tutakuwa hapa na wala hatutakubali hii Seneti iwe kama ile ya 1963. Wakati huu, kuna maprofesa ambao wamejitolea, kuna watu ambao wamesoma kupindukia na wako tayari kulinda Seneti iwepo kwa damu. Kwa hayo machache, naunga mkono.
Mr. Deputy Speaker, Sir, thank you for allowing me to contribute to this Motion. I want to say that Kenyans are watching and listening and a time will come when Kenyans will be tired. The power and sovereignty of this country is in the hands of Kenyans. Any leader elected by Kenyans has a role and a duty to protect the Constitution. The violation of this Constitution is an indication that they want Kenyans to continue suffering as they have suffered for the last 50 years. I ask myself so many questions: If we deny county governments resources and we give them functions, how do we expect them to work? Do we expect them to do a miracle like Jesus whereby they give services to Kenyans without resources? It is so annoying. If I were the President, I would fire my advisors. How could they advise the President in a wrong way? They are after failing him. It shows that we have elected leaders who are against devolution. As a Senate, we are the custodian of the county 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.
It appears that we do not have more contributions on this. It also appears as if the Mover is not here to respond. Therefore, I will go ahead to put the question. Hon. Senators, this is not a Motion concerning counties. Therefore, it will be voted for, not by delegations but by acclamation or the Senators present.
Next 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.
Hon. Senators, we are supposed to go to Order No.9 which is The Committee of the Whole on the Public Procurement and Disposal (Amendment) Bill (National Assembly Bill No.31 of 2013). I can neither see the Senate Leader of Majority nor the Chief Whip, and I can quite obviously see that we do not have the threshold to go into Committee of the Whole. I am going to amend the Order Paper to suspend Order No.9 and Proceed to the next Order.
Hon. Senators, this is a resumed debate. I am trying to see who was on the Floor. Sen. Karaba had 13 more minutes to conclude and since he is not here, the Floor is open. Again I do not see any requests from the Floor and Sen. Elachi is not here to reply. I am told that she is out of the country. Hon. Members, we will now have to go to division on this Bill and I am not willing to put the question again because we do not have the threshold.
The Senate Leader of Majority is not here and so it appears that I cannot proceed with it. 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. Obure had the Floor.
Thank you very much, Mr. Deputy Speaker, Sir. At the close of business last Wednesday evening, I was emphasizing the point that the prime objective of establishing a Public Claims Bureau in each county on the basis proposed by the Select Committee is to facilitate settlement of claims and other dues owed to citizens in the counties by various institutions and agencies. The proposed Draft Bill has assigned specific functions to the bureaus that are proposed to be established in the counties. The bureaus will have specific functions namely: To receive claims for unsettled awards and other claims emanating from the residents of the county. The bureaus will then proceed to create a database of all the claims received. They will then proceed to ensure that the claims are validated by 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. 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.
Thank you, Madam Temporary Speaker. I stand to second this Motion. Unfortunately, it looks like the House is almost empty. I do not know whether the Senators have taken off to Mombasa. Nevertheless, I take this opportunity to second the Motion. Madam Temporary Speaker, this issue is long overdue in the sense that many Kenyans are suffering in the process of getting their dues, especially at the end of their retirement, when they lose their loved ones and there are compensations and when they are irregularly removed from service. As a Committee, we invited several departments that are relevant to this particular subject but, unfortunately, it looked like some of the departments were trying to protect their turf, which is going to be unfair to Kenyans. One of them is the Pensions Department which is notorious when it comes to actually paying the benefits of the deceased and retired civil servants. This clearly shows that they are not ready to devolve. The second one is the Department of Public Trustee. They also did not actually come to our Committee even after invitation. I believe that Kenyans are facing a lot of challenges in terms of following up their dues in these departments. Maybe after we pass this Bill, those departments must be forced to give us their report and also try to amend the relevant section that will benefit Kenyans. One of the things that the Committee actually looked at is the issue of the independence of the body. It is important for that particular body to be independent, for it to be able to handle issues of compensation and also benefits to the claimants. Therefore, it is really important that, that independence is given to that particular body. Again, as the Chair has said, we wanted to create a database where Kenyans will go to that office that will be established to check when their claims are ready and what is required of them. Today, after retiring from the civil service, you are slapped with a letter of retirement the last day when you are leaving, if at all they do. So, it is unfortunate in this day and age that we do not prepare civil servants for a proper retirement. I believe that it is important maybe at some stage for the Government to prepare civil servants for retirement a year before their retirement age, so that they can also ease their way out. Madam Temporary Speaker, this particular report should be able to amend the various sections that affect compensation and retirement. Again, we looked at the composition of the board members and thought that all the departments that are affected should be represented at that level. We also looked at the composition of the members, especially gender balance. It is really important for us to effectively establish this office, so that Kenyans can reduce their travel between Nairobi and their homes. Kenyans are actually suffering at the expense of these offices, because most of them even after retiring, do not afford accommodation and transport to Nairobi and back to their homes. Clearly, these are people who have not prepared themselves for retirement or lost their loved ones and are actually following up their benefits. Madam Temporary Speaker, once this Motion is passed, it will sort out so many problems, like the bureaucracies that are involved in Government departments. It will also actually reduce unnecessary expenses that Kenyans have actually been incurring. I think it is important in this day and age that we sort out our issues at the county level, especially since devolution is in place. This is because there is no need for one to come The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Thank you, Madam Temporary Speaker, for giving me this opportunity to also contribute to this Motion. From the outset, I would like to congratulate the able Chairman of this Ad hoc Committee, the leader of the Kisii Delegation, Sen. Chris Obure, and also the able Vice- Chair, my sister, Sen. Fatuma Dullo, that we work very closely with. This is a very important Committee that went about to recommend the establishment of the public compensation bureau. It is the high time that we had such a bureau in this country, because a lot of people’s claims are not being settled properly since we do not have these offices in the counties. I have in mind the Office of the Registrar of Societies or where people process death certificates at the office of the Attorney General. Having worked in the office of the Attorney General when I was a State Counsel, I can tell you that it was a nightmare. Many people used to travel all the way from upcountry and would stay in the city for months and even years, just chasing maybe a cheque of Kshs5,000. I can see that in the proposed Bill the Chairman has outlined that some of the functions of this Bureau will be to receive claims for unsettled and unknown monetary awards emanating from the residents of this country and create a database of the claims received. Madam Temporary Speaker, that brings me to my second point. You will find that in this country, a lot of this money is actually sometimes stolen, simply because there is no database or proper way of recording these claims. Therefore, the money goes into the hands of unscrupulous public servants in this country. There is a saying in Kiswahili: “ Haba na haba hujaza kibaba.” Which means little by little whether it was Kshs.5, 000 or Kshs.500, eventually you find that these officers have enriched themselves and are now millionaires on money stolen from poor widows and orphans. Therefore, I am happy to note that the Chairman has also proposed that this Bureau is also going to inquire into claims of abuse of power, unfair treatment, oppression or/and unresponsive official conduct relating to the office of the county government, the national Government and other state institutions. Madam Temporary Speaker, this is a very important proposal made by this Committee. I congratulate them for having gone round all the counties and come out with 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 support this Report because it has reminded me of the war that I am struggling with in terms of retirement age for persons with disabilities. According to the law, Kenyans are supposed to retire at the age of 60, but for persons with disabilities, it supposed to be 65. Some Kenyans with disabilities are being retired at 55 years, without being prepared, especially, the private sector is violating this. I think if this is adopted, and it becomes law, it is going to help Kenyans in these brackets who are suffering. We have Kenyans who have been suffering and are still suffering when they are retrenched without prior arrangement or notice. It becomes a problem for them to get their benefits and sometimes they go an extra mile of hiring lawyers to help them trace the money. What happens is that their benefits are not given to them or if they are given, the advocates deny the beneficiaries their money. You will find a Kenyan who has been sacrificing and saving some money hoping that, that money will help his or her family, ending up not getting what belongs to him or her. This Committee did well in getting these views and bringing this Report, so that we can debate, enrich it and work towards making it a law that is going to help Kenyans. The reason why Kenyans die quickly after retirement or losing their job is because of the difficulties they go through, stress and other issues. Collectively, they make them not to continue living. It is so difficult for a person to lose a job without communication or intervention. The resources, contributions and savings are also denied, simply because somebody understands that this Kenyan is not able to do a follow up of the savings that he or she has been making . It is frustrating and it makes many Kenyans to suffer, especially the families after losing their parents because they do not know which way to go to get their benefits. Madam Temporary Speaker, you will find that whoever is doing a follow up of the savings at the end of the day, the money spent during this process goes beyond what he is looking for. If the bureaucracy is reduced and decentralization done, this will be a great help so that the money is given to the beneficiaries in a lump-sum. This is going to improve the development of education and also the improvement of their families. I want to support the report and as I do so, I want to say that this is the way to go, that is, reasoning and looking into issues which touch on the welfare of Kenyans. When Kenyans listen, they should feel comfortable that someone is raising their issues on their behalf. These are the real challenges that face Kenyans. Whoever is listening to this debate will applaud the Senate for thinking to reduce their burden of struggling to get compensated. There should be proper arrangement and compensation on time so that Kenyans can stay healthy and continue developing this country and even continue taking care of their families. With those few or many remarks, I support.
Madam Temporary Speaker, I rise to support this Report because I also participated in the Committee. I was supposed to be there throughout but 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. Nanjira, do you want to talk or it is an intervention?
Madam Temporary, Speaker, it is an intervention. In fact, it is a point of order. Is Sen. G.G. Kariuki in order to show the public that the House is empty? Senators are just relaxing may be taking tea. The House is not empty. Is he in order?
Sen. GG. Kariuki has made a visual observation and he has stated it. That is a statement of fact, I do not think he is out of order. We can just proceed and may be for good practice, we should not be alerting but he is not out of 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.
No, Madam Temporary Speaker.
I will not delay this but will call upon the Mover to reply because we have very many Motions that are pending.
Thank you, Madam Temporary Speaker. I must say that I have been humbled by the comments and contributions that have been made by hon. Senators who have the opportunity to contribute on this Motion. I want to thank the Seconder of the Motion, Sen. Fatuma Dullo Adan and Sen. Janet Ong’era for their very positive contributions. I want to thank my friend, Sen. Nanjira, for her contributions. Lastly, I want to thank Senator No.1, Senator for Laikipia, and our mentor in many respects. I am very grateful for the remarks he has made about me and the huge compliments. As pointed out by those who have contributed to this Motion, time has come when we must find a solution. I know that you have been a Member of Parliament in Nairobi and that you have interacted with the public. I know that you have listened to many desperate voices of people coming to seek your intervention. These are people who have, for example, been involved in accidents. You probably have come across someone who has been knocked down by a GK vehicle. This person has suffered injuries. They have probably gone to court and even received court redress. They have received court awards in their favour so that those who were responsible for causing the accident can pay them a certain amount towards compensating such claimants. Madam Temporary Speaker, where a proper court process has taken place and an award has even been given in favour of the claimant, it still becomes very difficult for a person to be paid. Retirement benefits have been talked about. It is unfortunate that the Director of Pensions, whom I had asked to come and give us a submission, did not find it necessary to come. The Public Trustee who is notorious for these kinds of cases has not found it necessary to come and make submissions. At this time, we have very many such cases in the country. We have many people out there in the counties who have been travelling to Nairobi for years in pursuit of these claims. I think what we have proposed in this Report will go a long way to provide relief to such people. I am very glad to this House and, in fact, I am deeply grateful to Hon. Sen. G.G. Kariuki. My initial Motion was merely urging the national Government to find a mechanism to find quick relief for these people. However, at that preliminary stage, Sen. G.G. Kariuki made an amendment saying that we should not urge because no action will be taken. He proposed that we form a Select Committee to come up with legislation which will be passed by this Senate. That is the process we have gone through. As you can see, we have drafted legislation that will come to this House in a short while- I hope soon. The legislation will be debated in this House. I am confident that this will provide long overdue relief to people who have found themselves in these circumstances. Damage caused by wildlife to properties belonging to farmers is not settled. I am glad that this will come under the ambit of this Bill. Wananchi can look forward to getting a quick settlement to their claims. 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 want to remind the House, once more, that this Bill does not affect counties. Therefore, I will proceed to put the question.
ADOPTION OF THE REPORT OF THE AD HOC COMMITTEE ON LEGISLATION ON HARAMBEE THAT, the Senate adopts the Report of the Ad Hoc Committee on Legislation on Harambee laid on the Table of the Senate on Tuesday, 19th June, 2014.
Hon. Members, the Mover of this Motion is Prof. Anyang’-Nyong’o. I do not see him in the House. Therefore, the Motion is deferred. Next Order!
ADOPTION OF REPORT OF THE STANDING COMMITTEE ON AGRICULTURE, LIVESTOCK AND FISHERIES ON THE STATUS OF FOOD SECURITY IN BARINGO COUNTY THAT, this House adopts the Report of the Standing Committee on Agriculture, Livestock and Fisheries on the status of food security in Baringo County laid on the Table of the Senate on Thursday, 24th July, 2014.
Hon. Senators, this is for Sen. Murungi who is also not in the House. The Motion is deferred. Let us move to the next order.
ADOPTION OF REPORTS OF THE ACP-EU JPA MEETINGS FOR 2013 AND 2014 THAT, the Senate adopts the reports of the ACP-EU Joint Parliamentary Assembly meetings held in 2013; the 35th session of the ACP Parliamentary Assembly and the 27th session of the ACP-EU Joint 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, Sen. Kembi-Gitura has just walked out. The Motion is deferred. Let us move to the next order.
Hon. Senators, Sen. Joy Gwendo is not in the House. That Motion is also deferred.
Hon. Members, there being no other business in the Order Paper, it is now time to interrupt the business of the Senate. The Senate, therefore, stands adjourned until Tuesday, 18th November, 2014 at 2.30 p.m. The Senate rose at 5.53 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.