Is the Senate Majority Leader present? Any Member who was assigned to lay the Paper by the Senate Majority Leader? Another Paper is supposed to be laid by the Chairperson of the Sessional Committee on County Public and Investments, Sen. (Dr.) Khalwale. He is also not in the House. The third Paper is also supposed to be laid by the Chairperson of the Standing Committee on Health who is also not in the House. Let us proceed to the next Order.
On a point of order, Madam Temporary Speaker.
What is out of order?
Madam Temporary Speaker, Sir, as per the requirements of the Order Paper, the Senate must be given the business of the House for the proceeding days. Is it in order to proceed without us having the Senate Majority Leader issue a statement on the business of the Senate for the coming week?
Hon. Senator, we have heard you and you are quite in order to raise that matter. However, we will proceed in view of the fact that the Senate Majority Leader who bears that mandate is not in the House. We will come back to that order. I believe he is coming in shortly. In fact, we have not exhausted the avenue to lay that Paper. There is nothing out of order because he can still lay it during the order on Statements. We have not proceeded to the order on Statements; we are still on the order on Papers. He is not here, but nobody holds that mandate. He also did not delegate unless you want to approach the Chair 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.
Madam Temporary Speaker, I beg to give notice of the following Motion:- AWARE THAT, the Senate on 30th July, 2015, resolved to establish a Select Committee consisting of nine Senators to conduct an inquiry into the needs of the 47 counties for headquarters facilities and report back to the House within three months of its establishment; REALIZING THAT the three months period lapsed on 30th October, 2015, but owing to the magnitude of the work involved, the Committee was not able to complete its work within the duration; NOTING THE NEED for more time to carry out a thorough inquiry into this matter; NOW THEREFORE, the Senate resolves to renew the mandate of the Committee for a further period of 45 days to enable the Committee to complete its work and report to the House.
Madam Temporary Speaker, I hereby lay the report on the Standing Committee on Health on the visit to the New Nyanza Provincial Hospital, Kisumu County, which was---
Order, Sen. Kittony. When we were on the order of laying of Papers, I called all those who were supposed to lay Papers. I think you walked in just shortly after that. We have actually proceeded to notices of Motions. The one who is supposed to be giving us his notice of Motion is the Chairperson, Standing Committee on Health or the Vice Chairperson. Are you the Vice Chairperson or the Chairperson? You are neither and, therefore, you are currently out of order.
She is the Vice Chairperson!
Are you the Vice Chairperson?
Madam Temporary Speaker, I am the Vice Chairperson of the Committee on Health.
Senators, you cannot give a notice of Motion if you have not laid the Paper. At that stage, since Sen. Kittony, you did not lay the Papers on the Table, the procedures of the House cannot allow us to undertake this without first laying the Paper on the Table. You were not in the House when I called for Papers to be laid so that you proceed with the notice of Motion. That is the procedure. Allow me to consult with the Clerk-at-the-Table and see if we will come back to 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.
Madam Temporary Speaker, I beg to lay the following Papers on the Table of the Senate today, Thursday, 12th November, 2015:- Report of the Standing Committee on Health on the visit to the New Nyanza Provincial General Hospital, Kisumu County, on 22nd May 2015. Report of the Standing Committee on Health on the visit to the Kisii Level Five Hospital, Kisii County, on 23rd May 2015. Report of the Standing Committee on Health on the visit to the Kakamega Provincial General Hospital, Kakamega County, on 22nd May 2015.
Thank you, Senator. That is in order. Now that we allowed you, we will also allow the Chairperson of the Sessional Committee on the County Public Accounts and Investments to also proceed and lay the Papers.
On a point of order, Madam Temporary Speaker. I would like to draw your attention to the fact that those Papers are not in order. The name of the New Nyanza Provincial General Hospital was changed in 2013 to Jaramongi Oginga Odinga Teaching and Referral Hospital.
Vice Chairperson, please, take note and correct accordingly. Can we now proceed to the Papers by the Chairperson of the Sessional Committee on Public Accounts and Investments? REPORTS OF THE AUDITOR-GENERAL ON THE FINANCIAL OPERATIONS OF VARIOUS COUNTY GOVERNMENTS
Madam Temporary Speaker, I beg to lay the following Papers on the Table of the Senate today, Thursday, 12th November, 2015:- Report of the Auditor-General on the Financial Statements of the County Government of Nakuru for the 16 months period ended 30th June, 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.
Hon. Senators, we are now on notices of Motions. Is the Senate Majority Leader here or anybody who has been delegated by him? Majority Whip, you are in the House. I expect you to give us an undertaking why the Senate Majority Leader is not in the House to do this very important responsibility.
Madam Temporary Speaker, I would not want to take an undertaking about where the Senate Majority Leader is. However, I believe there was a ruling in this House through the Sen. for Kakamega that said in the absence of both of them, either the Senate Majority Leader or the Senate Minority Leader can delegate to us, but which they have not.
The Senate Majority Whip, approach the Chair.
Under the circumstance, it has been confirmed that the Senate Majority Leader did not delegate. This is a very important mandate. We will not undertake this mandate on his behalf. However, I have been informed by the Senate Majority Whip then before we are through with the statements, the Senate Majority Leader will be in the House.
Madam Temporary Speaker, it is every explicit that either the Senate Majority Leader or Senate Minority Leader will make a statement regarding the business of the following week. It is very clear in the minds of everyone that the Senate Majority Whip should be conversant with the procedures and must have been alerted by now on what should have happened. She is evading. Is she in order no tell us exactly where the Senate Majority Leader is and why business cannot be transacted regarding this particular Motion?
Orders, Senators! I do not see any crisis in the House. We are not yet through with statements. I have already given you my assurance as assured by the Senate Majority Whip that before we are through with the statements, we will ensure that this is undertaken. Therefore, we proceed with notices of 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, I rise to give a notice of Motion that the Senate adopts the reports of the Standing Committee on Health on the visit on the New Nyanza Provincial General Hospital, Kisumu County, the Kisii Five Level Hospital, Kisii County and the Kakamega Provincial Hospital, Kakamega County undertaken on 22nd and 23rd May, 2015. The reports have just being laid in the Senate today, Thursday, 12thNovember, 2015. I would like to clarify that when we were visiting Nyanza we did not know that the name had been changed. It is not my duty to change it on the Floor of the House. So, I am advising the Senator for Kisumu, it will be done in the Committee in our normal procedures. We were not informed that it has been changed to Jaramogi Oginga Odinga Teaching and Referral Hospital.
On a point of order, Madam Temporary Speaker. Is the Vice Chairperson of the Standing Committee on Health in order to say that they should have been informed that the name had been changed when they went there recently and yet I changed the name as the Minister for Medical Services in 2013, even before this Senate was elected? She should not load her ignorance on the specificity of the name of that hospital by saying that they will do it in the Committee. She should do it instantaneously.
Sen. (Prof.) Anyang’- Nyong’o, we hear you. If that is the case, the Vice Chairperson of the Standing Committee on Health has just given a notice of Motion. When and if she moves the Motion, she can do it in an amended form. I am sure she has taken note of that very critical observation.
Madam Temporary Speaker, this is a House of records. The records must be correct. The Paper which was laid is different from the Motion which is being moved. The Paper that was laid was in respect of the New Nyanza Provincial General Hospital. However, the Motion she is moving is a different report of a hospital called Jaramogi Oginga Odinga Teaching and Referral Hospital. I request the Chair to make a determination that you cannot make an amendment of a Paper by way of moving a different Motion. It is not too much. All the Chair needs to do is to recall the laying of the Paper, the clericals be gotten right and then lay it.
Sen. (Dr.) Khalwale, unless we are in different Houses, this afternoon, no Motion has been moved in this House. All she has done is to give a notice. We have already taken note of that. In her individual capacity, she has no right to change an entire Paper which came from her Committee. Even the Senator who raised it has already confirmed that he is comfortable with that position. She will do the right thing to make that amendment. The Motion will be moved in its amended form.
Madam Temporary Speaker, the notice of Motion is about a report from a visit by the Committee. Perhaps, the Vice Chairperson of the Standing 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.
We cannot discuss all those details now. She has already given an undertaking to make reference and bring that Motion in its amended form, in case that anomaly was not observed. We will now proceed to the Order on statements. Yes, Senate Majority Whip. What is your point of order?
On a point of order, Madam Temporary Speaker. I have just talked to the Senate Majority Leader. He is in another meeting. Therefore, I can proceed to give his notice of Motion.
Are you informing us that he has mandated you to proceed?
Yes, Madam Temporary Speaker.
Okay, proceed. APPROVAL OF SENATORS AS MEMBERS OF THE SELECT COMMITTEE TO SPEARHEAD THE PROCESSING OF THE GENERAL SUGGESTION FOR THE DRAFT CONSTITUTION OF KENYA (AMENDMENT) BILL, 2015
Madam Temporary Speaker, on behalf of the Senate Majority Leader, I beg to give notice of the following Motion:- AWARE that pursuant to Article 124(1) of the Constitution and the Standing Orders of the Senate, at a Special Sitting of the Senate held on Monday, 15th June, 2015, the Senate resolved to establish a Select Committee on Constitutional and Legal Review to inquire into legal issues arising following the re-allocation by the National Assembly of monies intended for key constitutional organs and institutions, including, the Judiciary, the Salaries and Remuneration Commission and the Senate. FURTHER AWARE that on 23rd June, 2015, the Senate approved the names of Senators to serve in the said Select Committee whose terms of reference were as follows- (a) inquire into the design of the Legislature and in particular, the institutions set out in the Constitution with a view to protecting the interests of the counties and their governments and securing and safeguarding the system of devolved government established in the Constitution; (b) inquire into the role of the Senate as set out under the Constitution and make recommendations on the appropriate role to be played by the Senate in- (i) the budget making process and revenue allocation; (ii) the legislative process; (iii) oversight over the National Government; and (iv) oversight over the County Governments; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
What is it, Sen. (Dr.) Khalwale?
On a point of order, Madam Temporary Speaker. With the benefit of hindsight, we are the drivers of the Okoa Kenya Movement. Getting signatures is not a child’s play. I would like to draw the attention of this Senate to that fact. Knowing that going out there to get signatures will be expensive, time consuming and we shall lack the human resource that we have at Okoa Kenya, could we, therefore, consider that when the Motion will be moved, it be moved with amendments to provide that this initiative be collapsed into the one of Okoa Kenya since we already have signatures 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.
Sen. (Dr.) Khalwale, you are out of order. When the Motion will be moved, you will be free to give your proposed amendments and input. Right now, you are completely out of order. Are there any more interventions on that?
On a point of order, Madam Temporary Speaker. I thought when a Committee is being formed or a Motion which has the names of Senators is being prepared, is it not fair that those Senators are consulted first before such a Motion is moved here? Is that not the general practice? There should be consultations so that when we come to the Floor of the House, everybody does not begin to dissociate himself or herself from a report.
Sen. Murkomen, you are quite in order. That should be the practice. From where I sit, I take it that before the Senate Majority Leader lays this kind of Paper, the said Senators were consulted.
I am shocked if one of them was not. That is a matter I am sure the Senate Majority Whip is listening and will give an undertaking. At the right time, you can give that intervention to either withdraw your name or have it replaced.
Madam Temporary Speaker, these are the same names of Senators who served in the first Committee. Therefore, if one feels that he or she does not want to be included – we gave them a privilege since they were part---
Order, Senators! At least, listen to her.
Yes, it is a privilege. We have other Members, but we felt that since they are the ones who brought this Report, they would have served this Senate better. They understand the issues. However, if they feel they do not want, we have a right to change the names.
Madam Temporary Speaker, it is not as easy as that. The Senate Majority Whip does not carry our brains and, therefore, does not have the discretion to think or assume on our behalf. They should have consulted us. The practice of the Senate is where we form a Select Committee, ad hoc committee or any other Committee, then you do not recycle the same Senators. It is not just a question of asking, but it is a question of practice. Personally, I do not want to serve in this Committee because as far as I am concerned, I do not recall agreeing to a position where we would start collecting a million signatures through the Senate. It is just not right and it is impossible. We are setting ourselves for failure. Therefore, I do not want my name in this process.
Thank you, Madam Temporary Speaker. I have a concern. We have only three people living with disabilities in this Senate. We have never served in any 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 want to agree with my colleagues. When I saw our names in the media, I thought it was a stale story because we are the same Members who sat in the other Committee. In that Committee, we recommended that other Members be put in place to move and drive the agenda forward. I also agree that it is important that Members be consulted before they are put in any select Committee.
Thank you, Madam Temporary Speaker. Would I be in order to propose that we are actually engaging in a debate before the material time for the debate occurs? I would like to request the Senate that while notwithstanding the fact that the issues raised are very pertinent, they should come when the Motion comes before the House and the names are changed accordingly through an amendment to the Motion.
Thank you, Madam Temporary Speaker. Three Senators have already resented to inclusion of their names in this Committee which has been proposed to the House as a notice of Motion. Would I be in order to request that this notice is withdrawn and a new one tabled?
Thank you, Madam Temporary Speaker. I want to agree with Sen. (Prof.) Anyang’-Nyong’o that we might be engaged in debate because today, my brother, Sen. Mutula Kilonzo Jnr., would say - as a substantive debate - that we are engaged in an exercise in futility in our quest to raise a million signatures, then who do you expect will want to engage in an exercise in futility in terms of the replacement of those names? We might withdraw this Motion, have further consultations and then bring it further here with a more realistic timetable of what we, as a Senate, intend to do.
Thank you, Madam Temporary Speaker. Hon. Senators, pursuant to ---
The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Order! Allow her to at least--- She has not even made her Statement.
On a point of order, Madam Temporary Speaker. I want to draw you back to the same Standing Order No.45(2)(c) that we already alluded to. The provision of this Standing Order is that:- “The Senate Majority Leader or, in his or her absence the Senate Minority Leader or, in the absence of both the Senate Majority and the Senate Minority Leader, a member of the Rules and Business Committee designated by the Senate Majority Leader for that purpose shall, every Thursday or on the last sitting day of the week, present and lay on the Table, a statement informing the Senate of the business coming before the Senate in the following week.” Are you satisfied that the Majority Whip is issuing this Statement when the Senate Minority Leader is in the House?
On a point of order, Madam Temporary Speaker. Not that it matters to me that the Majority Chief whip is giving the Statement, but the Office of the Majority or the Minority Leaders is not an individual, it is an office. In the absence of the Senate Majority Leader, his deputy is the Majority Leader, and in the absence of the Minority Leader, his deputy is the Minority Leader, it is an office and not individuals. The Senate Majority Leader arrogating himself the power to appoint an unqualified person to issue a Statement, within the Standing Orders--- I know I came in when the proceedings were going on, but the Deputy Majority Leader was sitting here. The Deputy Minority Leader is sitting here. It is just to have the rules observed. I have no difficulty; she can give the statement, but the rules must be followed.
Order, Senators! At the time, I called the Senate Majority Leader. Both the Senate Majority Leader and the Senate Minority Leader were not in the House. Subsequent to that, I also asked if any of the leadership had been given that mandate. Even at that point, the Senate Majority Whip had not been mandated. It is only after she walked out and came back with a signed mandate from the Senate Majority Leader that I allowed her to read it out. Now that the situation obtaining is different, it is in order that you have brought it up. Let us now proceed because the Deputy Majority Leader is in the House.
Thank you, Madam Temporary Speaker. Hon. Senators, pursuant to provisions of Standing Order No.45---
On a point of order, Madam Temporary Speaker. With a lot of respect to my leader, the Standing Order does not delegate to the Deputy Majority or Minority Leaders. Standing Order No.45 (2)(c) is very clear and it says:- 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 quite in order Senator. All I am saying is that at the point that I called, the Majority and the Minority Leaders were not in the House. The Senate Minority Leader walked in as the process was ongoing. If you would want us to stop everything and give him an opportunity to read which is also fine, I do not see a big crisis that is really raising so much emotion. It is just a point that you bring to the Floor and people proceed. The Senate Minority Leader, would you want to undertake that responsibility?
No, Madam Temporary Speaker.
Hon. Senators, pursuant to the provisions of Standing Order 45, I would like to present the business for the Senate for the coming week, Tuesday, 17th November, 2015. The Rules and Business Committee (RBC) will meet on Tuesday 17th November, 2015 at 12.00 p.m. to schedule business of the Senate for the week. Subject to further directions by the RBC, the Senate will continue with business that will not be concluded this week, focusing on debate on Bills at the Second Reading and Committee of the Whole. In addition, the following Bills will be scheduled for Second Reading and Committee of the Whole:- (A) Bills for Second Reading: (i) The Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bill No.8 of 2015); (ii) The Persons with Disabilities (Amendment) Bill (National Assembly Bill No.43 of 2013); (iii)The Employment (Amendment) Bill (Senate Bill No.1 of 2015); and, (iv)The Cancer Prevention and Control (Amendment) Bill (Senate Bill No.3 of 2015) (B) Bills for Committee of the Whole: (i) The Presidential Memorandum on the Public Procurement and Asset Disposal Bill and Public Audit Bill; (ii) The Public Appointments (County Assembly Approval Bill) (Senate Bill No.20 of 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.
On a point of order, Madam Temporary Speaker. I respect your ruling, but this is a House of record. Let it be known that today we have actually carried out an illegality by allowing the Deputy Majority Leader to issue that Statement, when the Senate Minority Leader is in the House. Even if he were not in the House, the Deputy Majority Leader would not still have been allowed to read the statement unless he in the relevant Committee. I want that to be on record because it is important.
Sen. (Dr.) Machage, you are out of order. You were not paying attention to the proceedings. After the Senate Minority Leader walked in, I gave him the chance and he actually declined and made a statement to the Chair that the Deputy Majority Leader should proceed. There is no illegality that has been undertaken here. Everything is procedural according to what is stated under Standing Order 45.
On a point of order, Madam Temporary Speaker. There is absolutely no illegality that we have carried out. I want to draw the attention of the House to Standing Order No.20, which talks about the Senate Minority Leader, Deputy Senate Minority Leader, Senate Minority Whip and Deputy Senate Minority Whip. In fact, if you start from Standing Order No.19, the Senate Majority Leader and Senate Minority Leader are offices. The Deputy Majority Leader is part of the Senate Majority Leader’s Office. Let us not let the record go like you have presided over an illegality; you have not.
Thank you, Senate Minority Leader, for that clarification. Everything is in order. We are constantly aware of all the Standing Orders and consult widely before making any decision. In fact, if you read Standing Order No.19(b), you will find that everything is in order. Let us proceed to the next 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.
Madam Temporary Speaker, I would like to issue the following statement which was requested by Sen. Mutahi Kagwe on the stability of small banks and alarming interest rates. First, the Senator wanted to know the reason for placing Imperial and Dubai Bank under receivership. On 14th August, 2015, the Central Bank of Kenya (CBK) appointed the Kenya Deposit Insurance Corporation as a receiver---
Order, Sen. (Prof. Anyang’-Nyong’o! Since Sen. Mutahi Kagwe who asked for that statement is not in the House, it would, probably, not be in order for you to proceed. We will defer that statement.
Let us proceed to the next statement by the Chairperson of the Standing Committee on National Security and Foreign Relations. The Statement was asked by Sen. Godliver Omondi, who is in the House. SECURITY OF PERSONS LIVING WITH ALBINISM IN THE COUNTRY
Madam Temporary Speaker, at the sitting of the Senate held on Thursday, 15th October, 2015, Sen. Godliver Omondi requested for a statement on the security and welfare of persons with disabilities. The hon. Senator sought to be informed on:- (a) whether the Government is aware that it had promised to protect all persons living with disability in the country; (b) whether the Government is aware that Mr. Enock Jamenya, a 56 year old Kenyan living with albinism, was viciously attacked on 10th October, 2015 and succumbed to the injuries five days after he was discharged from hospital; (c) the circumstances under which the victim was attacked and the steps the Government is taking to ensure the perpetrators of the heinous attack are brought to book; and, (d) what steps the Government is taking to ensure that persons with disability are protected, particularly in light of the perceived growing demand for body parts of persons with albinism in Tanzania. Madam Temporary Speaker, I wish to state as follows: Persons living with albinism are classified as persons with disability due to the visual impairment associated with their condition. Article 54(1)(a) of the Constitution of Kenya 2010 provides that a person with any disability is entitled to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning. This provision, therefore, extends to persons with albinism. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Madam Temporary Speaker, I appreciate the response given by the Chairperson. However, the statement is very casual. One wonders what happened after the narration. We are talking about the security of persons living with disabilities and the most vulnerable are persons living with albinism. The Chairperson has not told us what the Government is doing to guarantee the security of persons with albinism. Article 54 of the Constitution indicates that persons with disabilities have rights, but does it reflect in our day to day living? The way issues of persons living with albinism are being handled in this country are questionable. When the Chairperson says that the Government is promoting public awareness of the rights of persons with albinism, what channels is it using? As a Senator representing people living with disabilities, I have not seen any awareness promotion. County governments should also collect data and put in place measures to protect the rights of persons with albinism and other types of disabilities. The Nyumba Kumi initiative is good since it consists of people who stay together. This initiative should involve people living with disabilities, including persons with albinism, so that their security is guaranteed.
Hon. Senator, are you helping the Chairperson to answer your questions or asking more questions? There is an intervention.
Madam Temporary Speaker, I also want to contribute.
You will do so after she is through. 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, investigations on issues pertaining to persons with disabilities take long. Many cases have been reported and we are always told that investigations are going on. At the end of the day, we are not given the resolutions of the investigation. No case has been taken to court to prosecute the perpetrators of the violation of rights of persons with albinism. We need to conduct a research to find out why persons with albinism are being targeted and if what is alleged to be the reason is a reality. The Chairperson should tell this House what programmes have been put in place to ensure that the lives of persons with albinism are taken care of. The late Enock did not want to disclose what had happened to him because of fear of being attacked again. Many issues affecting persons with disabilities go unreported. I would like the Chairperson to take this matter seriously because it touches on the lives of Kenyans. The Government has a responsibility to protect the lives of Kenyans. Persons with disabilities are more vulnerable.
Hon. Senator, restrict yourself to seeking further clarification and not debating. Are you through?
Madam Temporary Speaker, I rest my case.
Bi Spika wa Muda, ningependa kumuuliza Mwenyekiti wa Kamati kama anajua ya kwamba Wakenya walemavu wanaoitwa zeruzeru wako katika hatari kubwa ya kutekwa nyara na kusafirishwa hadi nchi jirani, ambapo wanaamini ya kwamba viungo vya miili yao vinaweza kutumiwa kwa ushirikina na uchawi. Namkumbusha kwamba kijana mmoja zeruzeru kutoka Kitale, alitekwa nyara na wahalifu na kupelekwa mpaka nchi jirani ya Tanzania. Aliweza kunusurika wakati polisi walizingira nyumba alimokuwa amewekwa na kuwashika wale wakora na kumrudisha kabla hajajinchwa na mwili wake kukatwakatwa ili viungo vyake vitumiwe kwa uchawi na ushirikina. Je, Serikali inafanya nini ili kutetea na kuwalinda zeruzeru na haki zao kama wananchi na binadamu, ili washirikina na wachawi wasiwe wanawinda, kuwashika na kuwauza ili wachinjwe na viungo vya miili yao vitumiwe kwa mambo hayo ambayo ni kinyume cha sheria na maadili ya kibinadamu?
Madam Temporary Speaker, the highest number of cases of witchcraft, engagements of fortune tellers and other forms of evils are reported during election time in Tanzania. The Government of Kenya protecting people with disabilities at a time when Tanzanian elections are going on is like preparing for El Nino . This attack took place in Ramisi which is close to the Tanzanian border. The statement by the Chairperson did not respond to the level of alertness to protect members of our society who live with albinism from the wayward of the Tanzanian witchdoctors do to people living with albinism. That is what Sen. Omondi wanted the Chairperson to respond to. The preparedness to protect people living with albinism, particularly at a time when their body parts and persons are demanded in the neighbouring country when the elections are at the highest gear. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Madam Temporary Speaker, I have tried my best to answer the questions by Sen. Omondi. She emphasized so much about awareness creation. Going by the statement and given my background of administration, I believe that chiefs, assistant chiefs and county commissioners would normally hold barazas every now and then in different places to create awareness about the dangers faced by albinos. I saw the news on television about the case of the young man from Kitale, who was mentioned by the Senate Minority Leader. He was shown on television in a programme to create awareness for the people of Kenya to know the danger that these people face. Madam Temporary Speaker, the Government is responsible for the security of everybody, including persons living with disability and albinism. The challenge is that people are scattered all over and so, it would be difficult for the Government to provide a police officer for everybody who has disability or is suffering from albinism. It is also not possible to restrict them to one place, like a camp, because that will interfere with their human rights. The concern raised by Sen. Hassan is true because these cases are very prevalent in Tanzania. When Sen. (Eng.) Muriuki was the Chairperson of the Constituencies Development Fund (CDF) Committee, we went to Bagamoyo where all kinds of witchcraft are done. We visited a place where we were told a religious lady lived 600 years ago. We were also told that everybody who vies for election in Tanzania goes there. To my shock, each of the Members of the delegation with exception of myself, drank that water and knelt before the shrine. However, in 2013, when elections were held, I am the only one who made it to Parliament.
Tanzanians must know body parts do not help in any way. Our people should learn that taking body parts for purposes of witchcraft will not help in any circumstance.
On a point of order, Madam Temporary Speaker. Following revelation by the Chairperson that they visited the shrine, is it in order for me to demand to know why the CDF decided to visit a witchdoctor?
Mr. Chairman, was the visit to the shrine officially in your itinerary?
Madam Temporary Speaker, we were on a tour. The officials of Tanzanian Government had prepared a programme which would have seen us visit many places of interests, including the shrine.
Mr. Chairman, what did the administration of the CDF got to do with visiting a shrine?
Madam Temporary Speaker, when you go overseas, you visit museums and other places of interests. Therefore, that is not different to what we did. That is a historical place.
Mr. Chairman, please, proceed to answer the other questions.
Bi. Spika wa Muda, Kiongozi wa Wachache aliuliza jinsi zeruzeru walivyofanyiwa--- 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, Mr. Chairman, the Standing Orders demand that if you start speaking in one language, you must proceed in the same language irrespective of whichever language somebody else uses to make an intervention. Please, proceed in English language.
Madam Temporary Speaker, the Senate Minority Leader’s concern was not different from those of many who spoke before him. However, I agree with him that we, as a country, should do more than what we are already doing using the NyumbaKumi Initiative, administrators and every forum that is available to us, as the Government, and political leaders to highlight the dangers faced by people who suffer from albinism. On the question of people living with disability, I agree with you. However, in your request for statement, I believe you did not request to know the number of people living with disability because the record is there. There is an organisation for people living with disability which has an office here in Nairobi. Anybody can walk in there and find out the number of people living with disability. If that question is asked officially, I will ask the Cabinet Secretary to respond to it.
Sen. Nanjira, are you satisfied with the response?
Madam Temporary Speaker, it is true that I did not ask for the total number of persons living with disability, but I asked what the Government is doing to ensure security for persons living with albinism. We cannot protect them if we do not know how many they are. I normally see statistics quoting the ratio of police officers to the people they are giving security. What about persons living with disabilities? The Chairperson said that it will be violation of people’s right to recommend that persons with disabilities be put in a confined environment. I gave plan ‘b’ that the Nyumba Kumi Initiative can be used. When I went to Japan for studies, the Government of Japan had hotlines for persons living with disabilities that give them information about these people. Why can the Government not adopt the same to ensure that they have direct contact with persons living with disability? Even thought the Chairperson has given me response, I request that he uses my interventions to ensure that we improve the lives of persons with albinism. The county governments should also take charge because they have a role and and responsibility to protect and empower their people.
Madam Temporary Speaker, people with disabilities, especially albinism are among the number of people the police officers are supposed to give security to. They are not counted differently. However, I agree with you that the Government needs to do much more than what is happening now.
Mr. Chairman, in all honesty, listening to your answer to a very serious issue, I agree with Sen. Nanjira who has already expressed her dissatisfaction at it. I am also not convinced that you have adequately answered the question. I now rule that you revisit that statement and bring a more comprehensive answer to the Senate on Tuesday, next week.
Madam Temporary Speaker, it is a tall order. I think two weeks is more appropriate--- 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, Senator! Two weeks will be towards our recess. Sen. Omondi, are you comfortable with two weeks?
Madam Temporary Speaker, as long as we do not go on recess without getting the statement, I agree that he be given time to give us a more comprehensive answer.
Mr. Chairman, you have two weeks to bring the answer.
Please, proceed Sen. M. Kajwang. STATUS OF REGISTRATION AND ISSUANCE OF NATIONAL IDENTITY CARDS
Mr. Temporary Speaker, Sir, on Tuesday, 15th September, 2015, I received a statement in response to a request that I had made. The statement was on the issue of national identity cards, but it was not satisfactory because it did not address the specific issue on the status of digital national identity card project. The Chairperson of the Committee on National Security and Foreign Relations gave a indication then that precise feedback would be given in two weeks’ time. I seek your guidance because we are almost going on recess and this matter has not been addressed properly yet it is an issue of national concern and not just the people of Homa Bay. I request that you direct that clarification be brought to this House on Tuesday.
Mr. Temporary Speaker, Sir, I apologize sincerely because this statement has taken time. There could be a problem and the reason we have not received the statement. However, as directed by the Chair, I will attempt to pursue and give response on Tuesday.
Sen. M. Kajwang, is that answer satisfactory?
Mr. Temporary Speaker, Sir, Tuesday will be appropriate. Please, proceed, Sen. Ndiema. CIRCUMSTANCES LEADING TO DEATH OF MR. EDWIN KIMUTAI
Mr. Temporary Speaker, Sir, pursuant to the provisions of the Standing Orders No.43(2)(c), I seek a statement from the Chairperson of the Standing Committee on National Security and Foreign Relations in regard to the killing of Mr. Edwin Kimutai Masai. In the Chairperson should address the following:- (1) Is he aware that Mr. Edwin Kimutai Maasai, a resident of Mosop village in Matumbei Location of Trans-Nzoia County was killed on 23rd August, 2015 by 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.
Chairperson of the Committee.
Mr. Temporary Speaker, Sir, I will give a response to the statement a week from today.
Is that okay, Sen. Ndiema?
Yes, Mr. Temporary Speaker, Sir.
Sen. Ndiema is satisfied with that. INSECURITY ALONG THE MERU-ISIOLO BORDER I also see the Chairperson of the Committee is ready to respond to Statement 3(d).Since Sen. Kiraitu is not here, we can postponed it to another date designated by the Rules and Business Committee (RBC).
On a point of order, Mr. Temporary Speaker, Sir.
Sen. Karaba, you caught my eye by shouting point of order. However, you have not made the necessary request from point of order.
On a point of order. Mr. Temporary Speaker, Sir. It is only that I am not sure about its make
No, you are making a request to speak, not a point of order. By now, I am sure you understand how the technology and the system works. Proceed.
Mr. Temporary Speaker, Sir, I apologies for the problem I have with the machine. Sometime back, I had sought a statement from the Chairman of the Committee on National Security and Foreign Relations. He had agreed to issue that statement today. Since he is here and she has the statement, can he be allowed to issue it now?
Do you have the Statement here?
But you know the statement was not listed for today. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
It was listed last week, but he was away
Now that both of you are here, the most neat way in future is to ensure that information is given to the Speaker’s office, and the same is transmitted to the RBC. So, when you say you will be available this week, the statement is put on the Order Paper. Be that as it may, let me allow the Chairperson to proceed.
Thank you, Mr. Temporary Speaker, Sir. During the sitting of the Senate held on 23rd October, Sen. Karaba requested for a statement---
I cannot hear you and I suppose many people may not be able to hear you.
Mr. Temporary Speaker, Sir, to save the time of the House, I do not intend to go through the questions raised. I will go straight to the Statement. CIRCUMSTANCES LEADING TO THE DEATH OF ELIUD WACHIRA GACHOKA On 24th January 2015, the deceased Eliud Wachira Gachoka, together with other family members had traveled to Kariobangi in Nairobi for dowry negotiation of one of them. The function ended at about 3.30 p.m. and the deceased boarded Mr. John Mugo Muthonge’s car, who is his cousin, for the return journey to Kirinyaga. He was dropped at his homestead at Kimuchi Estate at around midnight. His cousin, together with his wife, waited for him to open his gate before proceeding to their home. The following day, the son of the deceased, Mr. Timothy Wachira found the deceased’s body lying on the corridor of his house in a pool of blood with deep cuts on the forehead. He called Mr. Mugo who then made a report at Kerugoya Police Station. Police officers visited the scene and found that the house had been broken into and ransacked and items worth Kshs75,000 stolen. The items included television set, gas cylinder, fridge, a mobile phone, among others. On 2nd February 2015, postmortem was conducted and the body released to the family. Investigations relating to the incident which are aimed at apprehending and charging the perpetrators are going on. Thank you, Mr. Temporary Speaker, Sir.
Thank you for that Statement, As you might have also heard, the statement is short of explanation as to what happened and what is still happening with the police. They have not made any arrest from the time this man was killed. From that time, we should have had substantive efforts made by the police regarding the arrest of the killers. It is not the first time that we have had such killings talking place in Kirinyaga. The police are not doing anything to arrest the killers. Are we going to surrender to fate? Could the Chairman tell us whether we are now living in fear and we rise up with up with arms and protect ourselves when the police are employed to do that job?
Mr. Temporary Speaker, Sir, in this murder, there was no eye witness because it happened at night. There is nobody who has come forward to say he knew who did this. Therefore, it will take a bit of time really for the police to investigate and catch 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.
To be fair to Sen. Karaba, he did not say people should arm themselves. He just questioned whether the police are unable to provide security and, therefore, citizens take care of themselves. You have made the response in relation to timelines. Sen. Karaba, do you still have anything to say?
Yes, Mr. Temporary Speaker, Sir. The reason I was suggesting the same is because the same information was relayed to the police, almost the same day the victim was found dead. Information was given by somebody who knew what had happened. It is like the police are trying to collaborate with killers. However, we have not heard anything happening since the information was given to them. What are the police officers doing at the Kerugoya Police Station or even to give us the lead? The lead has been given by some good witness and they are not using it to apprehend the killers. That is the reason I was worried whether Kirinyaga is up for grab from thugs.
Mr. Temporary Speaker, Sir, if what Sen. Karaba is saying is correct, then it is serious. If the police have been told who the murderer is, or who were behind the murder of the deceased and since October to date they have not arrested anyone, it is not acceptable. I will take up the matter with the Cabinet Secretary. I do not know if it is in order for him and me to sit with the witness in confidence and pass the name so that the police can be assisted to fast track the arrest.
That is a good suggestion, Chairperson. It is important for you to pay a visit to the Cabinet Secretary in the company of Sen. Karaba because it is a question that is specific. When you finally get the proper answer, you can come back to the House. It is good for you two to go ahead and do so. If you are satisfied or not, you report to the House.
Mr. Temporary Speaker, Sir, I do not hold the diary of the Cabinet Secretary. I have to look for him first and agree on the date after which I can inform my brother.
Getting hold of the Cabinet Secretary and agreeing on the way forward can take about two weeks. In two weeks’ time, you can report to the House on the progress. That is the end of Statements. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Temporary Speaker, Sir. THAT, AWARE that the Parliament of Kenya is an active member of the Inter- Parliamentary Union (IPU) which is the international organisation of national Parliaments; FURTHER AWARE that the IPU provides support to Parliaments in areas such as law and policy-making, as well as representation; NOTING WITH APPRECIATION that, upon a request by the Speaker of the Senate, the IPU sent an expert delegation to Kenya from 12th to 16th July, 2015 to offer advice on the way forward in implementing the constitutional requirement on the two thirds gender rule; NOW THEREFORE, the Senate notes the Report of the Inter-Parliamentary Union Expert Mission to Kenya on the framework to implement the constitutional provision of the two-thirds gender rule laid on the Table of the Senate on Thursday, 8th October, 2015 and extends its appreciation to the IPU for support on the matter. Mr. Temporary Speaker, Sir, statistics globally and here in Kenya indicate that women constitute about 51 per cent of the entire global population. This same scenario is here in Kenya. Interestingly, this 51 per cent has been under-represented in all spheres of life. In the legislature, for example, women represent less than a quarter of all the legislative seats. The Senate is in a pathetic situation. All the women in the Senate are nominated with no voting rights unless and except appointed by the leaders of their respective delegations. This puts the women of Kenya in the Senate representing more than 51 per cent of the entire population at a disadvantaged position. However, all is not lost. When we promulgated the Constitution in 2010, it was a major milestone for the women of Kenya in the fight for gender equality. The Constitution opened and gave us enhanced space in terms of political representation and all other spheres, including the executive arm. The Bill of Rights, Article 27(6), 27(8), and 81(b) provides and addresses the needs and issues regarding equality and affirmative action. I am aware everybody has read those provisions. Mr. Temporary Speaker, Sir, in view of this emotive debate we have had in the recent past, aware that we have to suggest a firm position on that, and considering that Kenyan women had to seek views from all the stakeholders and had to go all the way to create strategic partners in a manner that we can come to an amicable solution, we had to learn from neighbouring countries, especially because one of the most popular proposals that was being put on the table was the issue of gender quotas. Therefore, we went out of our way to learn from our sisters from other countries, especially countries where constitutional gender quota issues have proved critical. This is towards ensuring enhanced political participation for women. We benchmarked with countries like Rwanda, Tanzania, Uganda, and South Africa, among others. Mr. Temporary Speaker, Sir, interestingly, after all these benchmarking, we realise that all the women globally face the same challenge. Therefore, all these 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 am adding you another five minutes.
Thank you very much, Mr. Temporary Speaker, Sir. I challenge any Member of this House to tell us the percentage of women in their counties or households. Having said that women being 50 per cent of the population have given birth to 50 per cent of all the other members of this nation, somebody who was not born of a woman should prove to us one day that he is the tenth wonder of the world. It is that person who will contradict and deny the women of Kenya this very limited space. We are like an island of people who talk about democracy, but do not practice it, having cited best examples from a country like Rwanda. If Rwanda can have 64 per cent of legislators being women and almost the same case applies to Uganda and Tanzania, then, we are left in a small island of a retrogressive nation, that speaks progress, but does not implement it in reality. This is not something that belongs to the Jubilee Administration or the Coalition for Reforms and Democracy (CORD). This is an issue that touches on Kenyans for Kenyans for the benefit of Kenyans. I rest my case. Thank you very much, Mr. Temporary Speaker, Sir.
The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Order, Sen. Ongoro! Who is seconding the Motion?
Mr. Temporary Speaker, Sir, from the outset, I thank our Chairperson of KEWOSA and Members of KEWOPA for the spirited campaign they have put to ensure that the issue of the two-thirds gender representation is realised. We looked at what the IPU proposed and followed the processes ever since we started the Constitution making process in our country. After the Bomas Draft Constitution, we thought that the women of Kenya had won, but we realised later that we had actually lost. The Committee of Experts followed up the process, safeguarding the gains at that time. We ended up with a Constitution that did not provide a clear formula on the issue of the two-thirds gender representation in both the National Assembly and the Senate. The Senate came up with a formula, but we still need to work on it. Mr. Temporary Speaker, Sir, we are still in the process of coming up with a formula on that. I thank the Leader of Majority in the National Assembly because very soon, the Bill will move to the Second Reading. I know that it is with the Chairman of the Committee on Justice, hon. Chepkonga. We, as women of this country, have been pleading with him and I still plead with him today on the Floor of the Senate. I know that he will listen and consult with many stakeholders who have been supporting us. However, we should know that it is unfortunate that it is 80 per cent of one gender that do the most informal jobs in this country. They are in the agricultural sector and make it to thrive and ensure that the economy of this country grows. However, when it comes to any political decision making, every man in this country raises an eyebrow and asks why women are invading their space. In gender equity, both men and women should work together to achieve development. Today, the challenges we face 50 years down the line is that we have left our country to our husbands and sons. The country is suffering because we left one hand behind. The country moves whenever we sit together on a table. We suffer whenever one is on the table and the other one is not. When it comes to political, economic and financial fights, it is the woman who suffers. Even if it is the woman who is bankrolling and ensuring that her family is thriving, when the time comes for her to sit at the table with the family to discuss her decision to vie for a political seat, the first question that she is asked is: Where will you get the money? They will not remember how she toiled to bring the money home. They will only ask: “Why do you want to spend?” When the husband wants to vie, he will even sell the family land without the knowledge of the family, and the wife will be the one to secure the family. Mr. Temporary Speaker, Sir, in this 21st Century, Kenya must move forward. Today, Tanzania has the first woman Vice President, yet, we are here telling Tanzanians that in East Africa, Kenya is the backbone of the economy and that it controls and drives the economy aggressively to ensure that we stay at the top. However, in governance, we are telling the others: “Look, as much as we are your leaders, we are unable to govern ourselves to ensure that both men and women participate in developing 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.
Bw. Spika wa Muda, natoa shukrani kwa Mwenyekiti wetu, Sen. Ongoro. Pia nawashukuru wale wageni ambao walikuwa wamekuja. Kama unavyojua, hadhari kidole na jicho(?). Sen. Ongoro anataka kilichotuuma jana, leo kisitutambae. Wimbo mbaya hauimbiwi mwana. Mwana ni nani? Mwana ni sisi akina mama. Kutoka tunapozaliwa, mama zetu tayari huwa wametutenga. Mtoto wa kike atatumwa jikoni na yule wa kiume atatumwa mambo ya nje ama aende acheze na wenzake. Kutoka tunapozaliwa ama hata kabla hatujazaliwa, kuna jamii ambazo mtoto 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.
Hoja ya nidhamu Bw. Spika wa Muda, mimi ni mmoja wa wale ambao wanatetea sana maswala ya kijinsia na ya akina mama. Lakini je, Sen. Kisasa yu sawa kusema kwamba mila ambayo ni tamaduni zetu kama Waislamu ambayo ni amri ya Mwenyezi Mungu kuwa akina mama kujitanda ni za maonevu? Wajua mila sio moja. Katika mila zingine, maonevu kwa mwingine, ni dini kwa mwingine.
Bw. Spika wa Muda, sijataja dini yoyote. Nimetaja mila, kwa hivyo huwezi kujua mimi niko kwa mila gani. Tukitoka hapa nitakueleza. Nilikuwa ninazungumzia itikadi zetu. Mimi kama mwenyeji siruhusiwi kuonekana wala kutoa sauti. Ni unyanyasaji ulioje? Itakuwaje mimi nitafanya kampeni bila kutoa sauti? Huo ndio uonevu ambao Seneta yuaona raha kwa sababu anasema hiyo ni mila yetu. Nasema katika mila yangu, siruhusiwi kuongea mbele ya wanaume au kukaa hadi usiku sana. Sijataja dini ya mtu. Bw. Spika wa Muda, usalama wetu kama akina mama pia ni changamoto. Sijui tukienda kampeni tutavaa nguo gani ili hata sisi tujisitiri. Ile nguo uliyovaa yaweza kupasuliwa au kuraruliwa mbele ya umma. Tunanyanyaswa pia kwa jinsi hiyo kwa sababu hatuna mtu ambaye anatuangalia na kusema: Je, hawa wanalindwa vipi? Tunanyanyaswa pia na wale wanaume kwa sababu sisi ni watu dhalimu. Hatuna mavazi ambayo tutakaa chonjo na sisi pia tujue hapa ngumi ikirushwa, tutajibu namna gani. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Bw. Spika wa Muda, sijakuja saa hii.
Order, Sen. Mugo. Sen. Hassan amemwomba Bw. Spika wa Muda ili azungumze kwa sababu ambazo zimeeleweka. Endelea, Sen. Hassan.
Thank you, Mr. Temporary Speaker, Sir. I would like to contribute in English. First and foremost, we followed the entire proceedings with Sen. Okong’o and others in the Senate Lounge. We decided that we need to speak to this matter - same with Sen. Lesuuda who was with us. We were persuaded. First, I congratulate the Mover of the Motion, who in my assessment is one of the strongest women leaders that we have in this country. She has distinguished herself as a person of impeccable character. Many a times, she has been a contender even against men and some most established politicians. So, even as she brings this Motion, nobody is ever in doubt of the electability of Sen. Ongoro for any position she might want to contest. In fact, she has been elected in a very difficult terrain and she has executed her functions with distinction. So, it is quite in order for somebody of that character to bring this type of a Motion so that we can all speak to it. This whole resolution to implement the one third gender rule in the Inter- Parliamentary Union (IPU) is in conformity with the Constitution of the Republic of Kenya. This country has proclaimed upon itself to ensure that all organs of Government shall have a one-third compliment of gender. Gender here could also mean that when men feel themselves insufficient in a similar setup, then there is almost a duty to ensure that you bring up the composition of that institution to meet that one-third gender requirement. Mr. Temporary Speaker, Sir, as a country, we must now start having the morality to export our values. We must desist from engaging institutions even at the global or international level that do not conform to the principles of our Constitution. Where we engage with such institutions, it is incumbent upon our membership to export these values and insist on various areas that we participate that women must be represented within the framework that the one-third gender rule is respected. We also need to start The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order Mr. Temporary Speaker, Sir. Is Sen. Hassan in order to speak in Arabic which the HANSARD might not even pick and translate?
I think he is in order because he has translated what he said. It was brief and he translated it. Even so, the Senate has enough resources to ensure that all languages in the country and in the world are accommodated. It is a serious institution.
Thank you, Mr. Temporary Speaker, Sir. The reason I translated it is because the HANSARD will have difficulties in picking what I said in the Arabic Language of the Quran. Therefore, when you see some of these existing notions, stereotypes and traditions in communities, they are neither Islamic. To a certain extent, some are just traditions that must die with the passage of time. We cannot continue to live in the barbarian cultures which are overtaken by events. If there is a culture where people find it important to kill women, I know that in other societies in this world as we live today, they bury their young daughters when women conceive daughters. They are called “owner killings”. It is absolutely horrendous to have such culture in the modern day. So we must legislate against what is illegal. I know some of us like Sen. Lesuuda who has been on the forefront dehumanizing female genital mutilation. We have legislated against it but we must now effect that law. We must start to jail those who continue to barbarically impair our girls in a manner that is not imaginable. Mr. Temporary Speaker, Sir, as we debate this Motion, I feel elated that Kenya has made strides but not sufficient. So, we need to ensure that we make more strides so that we accommodate these things in a very holistic and passionate manner. I talk as a father with a daughter, and I do not want her to live in a society where she is discriminated on account of her gender. I am happy that I have interacted with quite a number of young Senators here.
Thank you, Mr. Temporary Speaker, Sir. I want to make reference to Standing Order No. 81 and I want you to make a ruling on this because the Standing Order is very clear on the language that we are allowed to use. For the avoidance of doubt, allow me to read. Standing Order No. 81 says:- “All proceedings of the Senate shall be conducted in Kiswahili, English or in Kenyan sign language”. Mr. Temporary Speaker, Sir, that Standing Order is very explicit and clear. I would not be allowed to give an adage in my local native language and then again give you the benefit of translating, since you do not have the benefit of knowing exactly what I stated. So, I could as well say something negative and translate it by myself. Since this is contained in our Standing Orders, I want you to rule whether it is still in order that we allow the use of any other language in the Senate. Thank you.
In the rules of debate, it is allowed that in any communication as long as it is brief, a translation is given because it is the same way in the legal profession. Many lawyers, even in this House, have quoted Latin words like prima facie and many other Latin words we use in this House. The most important thing is that the ultimate debate should be in English. We must appreciate the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Temporary Speaker, Sir, I concur with you to that extent. Sometimes when we speak, there are interjections or sayings that we want to make in our own vernacular or culture. That is very progressive in terms of ensuring that debate is not too restrictive. I want to conclude by saying that it is our duty; men and women of this Republic, to ensure that we create a culture where people shall be judged, as Martin Luther King Jnr. said, “by the content of their character and not the colour of their skin.” In this circumstance, people should not be judged by virtue of their gender, so that we can get the right leadership and competence in our Parliament and various institutions. I know many women leaders today who have made massive contributions in the various sectors of our society; be it politics, economics, business, medicine and all other arts. Women have not made significant progress to a certain extent in politics because of the dogma, stereotypes, culture and some of the attended concerns that Sen. Kisasa pointed to. In fact, we need to enforce our laws to ensure that whoever violates a woman in an election campaign should be punished severely. If you disrupt a rally of a lady knowingly; that you want to take advantage of it because of the perception that she is of a weaker gender, that is the kind of motivation that people have, you should be double punished. There is a culture of hooliganism in this country that we have not punished decisively. That is why people find it in their place to disrupt a political rally of an opponent. I have seen young men trying to discredit the honor and chastity of women in public platforms by purporting to be supporters and carrying them in a manner that are suggestive. You see the hands that frock on her in a manner that is extremely abusive. Therefore, we need to protect the womenfolk; our sisters and mothers, who decide to go to political contests. If you knowingly and deliberately disrupt a rally on account of the fact that you perceive that person to be of a weaker gender, then the law must punish you harshly. We should deal with political hooliganism across the board. For example, I do not understand how the police would allow a certain group of politicians to unabatedly disrupt the rallies of others or beat up the supporters of opponents. We need to speak to this issue with audacity and by law. We must legislate as soon as possible to end old vices. Madam Temporary Speaker, I end with the same breathe and say that because of women empowerment, we must accept any gender that we are referred to. If I call you Mrs. Murkomen, you should immediately embrace--- 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. That is completely out of order.
Mr. Temporary Speaker, Sir, it is with a light touch. As I said, I also regret the mistake of addressing you as Madam Speaker. I conclude on the same breathe that I started by congratulating the Mover of this Motion. It is an extremely important Motion. I hope that these recommendations will be implemented. We, as Africans, particularly, have great recommendations on great things everywhere, but when you see a government running, you ask yourself where the blueprint is. Even within our institutions, you do not see the character, strategy or blueprint of implementation. Therefore, it would be important that as we implement some of these issues, we should ascribe to ensure that there is enforcement to the very end. I would ask the Senator to repot to us periodically on the status of implementation of these recommendations. I beg to support.
Mr. Temporary Speaker, Sir, thank you for giving me the opportunity to contribute to this Motion, which is very important not just to women of this country, but to the country as a whole. I congratulate the Chairperson of Kenya Women Senators Association (KEWOSA) and the Seconder of this Motion. The gender issue has been going on in this country for a long time. Motions on gender equality were moved in several parliaments; starting with hon. Phoebe Asiyo. I also moved the same kind of Motion. Before the Constitution making, discussions at the Bomas of Kenya, in Parliament, both the Government side and the Opposition had agreed on this issue. We all know how it came to be a constitutional provision. Therefore, we would be going backwards - from all those commitments and our Constitution which we uphold - if we do not support this provision in this House. As Senators, we are supposed to show the way in this country, because I believe that we are the “Senior House”, like we have been saying. The Motion is on now and we have to support the two-thirds representation. Mr. Temporary Speaker, Sir, those who have spoken before me thanked the Leader of Majority in the National Assembly, hon. Duale, for moving that Bill. Without belaboring the importance of gender equality, we all know the part that women have played in this country way back from the resistance movement and up to now on the issue of the economic development. I believe that this country would be leading in terms of development had women been given the facilities and power to participate fully in economic development. Without political empowerment, women or any society cannot go very far. I urge the nation to urge Parliament to stop any negative talk which belittles women or shows that there is no need for women to be in positions of power. The public should get it from the leadership. Leaders should embrace the fact that women play a major role in this country and any country for that matter. No country will develop if it leaves its women far behind as has been witnessed. Mr. Temporary Speaker, Sir, there are a lot of arguments why Kenya is behind and other countries like Rwanda have forged ahead. I have heard that it is because those 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. Mugo, I hope that you are not bullying Sen. Wamatangi.
Mr. Temporary Speaker, Sir, I beg your pardon. Sen. Wamatangi is a very gender conscious man. That is why he came back.
Very well. Please proceed.
Mr. Temporary Speaker, Sir, women issues are not just for the women but family issues. Men are part of the family and the children are the family. Women issues are national issues and they are recognized as such. Women rights are human rights and the United Nations (UN) also recognizes that. We are members and signatories of the UN. I, therefore, urge Kenyans to change our mentality. I would have loved to see more men in this House because this Motion is so important and the cradle of development of our country. As long as we keep on leaving our women behind, this nation will lag behind for a long time. Imagine where we would be today. Kenya is said to have developed and is the leading developed country economically in the region. We should have been ranked as a Second World by now and not in the Third World had Kenyan women got the facilities that they need to contribute fully. Mr. Temporary Speaker, Sir, during the Beijing Conference that addressed women development, Kenyan women convened on five thematic areas; education, health, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Temporary Speaker, Sir, I rise to support this Motion. I take this opportunity to thank the Mover of the Motion, who is the Chairperson of Kenya Women Senators Association (KEWOSA). I support the sentiments of the Mover and the seconder. We all know that we had visitors yesterday, the IPU women who paid a courtesy call here to speak about the framework and how we can assist women in this country to ascend to power. I am not referring to politics alone, but all aspects. A woman is the family that forms the nation. We are not just concerned about women politicians, but it is our prayer to have the right policies for women of this country to contribute to issues of development, not only in politics, but in economic and social matters at home. Mr. Temporary Speaker, Sir, we need a structure and good policies that will give women space. As we contribute to this Motion, our main problem as women politicians revolves around resources or money. It is very complex for a woman politician in Kenya to carry out campaigns because of lack of resources. It is very difficult for a woman to run for a political position because of cultural beliefs and stereotypes that exist at the community level. I call upon the men and women of this nation that we need their support because women cannot succeed without their support. We were nominated here. There was no woman who was elected directly from the counties to the Senate. I urge women that there is need for them to stand up and support fellow women. I also know that a majority of the men who were elected to this House got a majority of their votes from women. We are not speaking on this Motion to seek support only from women. We are seeking the support of men at all levels. We are talking about policies that are normally passed by Members of Parliament and how to enforce them. I am so happy today that we are debating this Motion. There is a Bill that was brought on the Floor of the National Assembly by the Leader of the Majority at the National Assembly. The Bill is speaking about representation of women in our country. I am so happy about this Bill, but I think 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.
Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to this very important Motion which has been brought to the Floor of the House by our able Sen. Ongoro, who is the Chair for Kenya Women Senate Association (KEWOSA). I want to, first of all, thank our distinguished Speaker, hon. Ethuro, who is the leader of delegation to the Inter-Parliamentary Union (IPU). Because of his connections, he was able to get the IPU to come to Kenya to interview what is happening in Kenya about the two-thirds gender rule. I would say that the IPU is very keen on how gender issues are handled by countries. Every time we go for conferences, countries give their positions. We have also been able to give the position of Kenya on this issue at the IPU. Looking at the rating, you can see that we are rated very low, at 70 per cent. We are doing very poorly despite our Constitution having been promulgated in 2010. It is the Constitution that helped us to get more women into elective public positions. I would request our colleague male Senators whom I see are very few here, to embrace women and children as part of their family and not to see them as their competitors. I urge our colleagues, Senators, to stand by us when this Bill will be debated on the Floor of this House. The two-thirds gender rule is not just about women, it could also be about men in the near future. Mr. Temporary Speaker, Sir, a woman was disadvantaged many years ago. I remember in my community, educating a woman was a waste of time. Women could not even eat chicken; it was a preserve for men. You can see how women were marginalized over a long period. Also, because of culture, some women from certain communities cannot stand for election. Although we have passed laws stopping things like the Female Genital Mutilation (FGM), you still find women doing things that are outlawed by the Government. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Thank you, Mr. Temporary Speaker, Sir. First, I thank the Mover and the Seconder of the Motion for the manner in which they have made their presentations. I acknowledge that the quality of debate on this subject has been very high having listened to all the Senators who contributed. Mr. Temporary Speaker, Sir, the question of gender inequality is a problem of the entire Kenyan society. We must begin by acknowledging that this problem exists and 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.
Thank you, Mr. Temporary Speaker, Sir. May I add my voice to this Motion that touches on matters of women. As women, we share the same institutions in education matters but the differences emerge when looking for leadership positions. It is high time that we, as a country, worked together as a team to bring all categories of Kenyan people including the vulnerable women and youth to build a strong nation that is economically empowered. Mr. Temporary Speaker, Sir, women need political goodwill at all levels where they take leadership positions. Women also need financial muscle or support to compete with their colleagues or counterparts in seeking leadership positions. This can only be achieved if we get support from men of this country. At the end of the day, we need one another. We are friends, brothers and sisters. We are married to men and give birth to girls. Everybody takes care of his or her child knowing that in future that child will support the family. It does not matter whether it is a boy or girl. We all take our children to school for them to be good managers and leaders who will take positions of leadership and support the economy of this country. Mr. Temporary Speaker, Sir, I support this Motion because we need a friendly environment that will allow women in this country to have the freedom of competing or seeking positions without the fear of being handled in a manner indicating that they are not recognised in the society. For us to eradicate poverty, we must support the leadership of women right from the grassroots level up to the national and international level. Everybody understands that women are good in multitasking. We can do very many things at ago. Somebody told me he did not understand how I could talk to two people and answer each of them at the same time. This is an indication that women can multitask. That is why we need to support women leadership so that we have a strong nation where everybody is given the authority and space to lead, express themselves and make contributions to issues that affect the country. Mr. Temporary Speaker, Sir, a week before the KCPE Examinations began, I took time to visit schools and wish candidates success in their examinations. In the school that I visited, whenever I asked the pupils about their leaders, it came out that most of them were boys. In a few cases, the deputies were girls. Therefore, that is happening right from schools; that the girl-child cannot be given a leadership position. I left a message with the schools’ management that it is high time they used affirmative action to enable girls to take leadership positions. This will enable them to understand, as they grow up, that the top-most seats are not for men only. When most girls grow up, they do not seek leadership positions because of lack of exposure and the assumption that they cannot take up those positions. Parliament has a role to play to ensure that we nurture our women and girls to seek leadership positions in this country. In so doing, we will achieve the desired development in this country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Madam Temporary Speaker, I rise to also contribute to this very important Motion. I have not risen because I am a woman, but because I am a strong believer of gender equality, not just in this country but in the whole world. I also thank and congratulate you for tabling this Motion as our Kenya Women Senators Association (KEWOSA) Chairperson. For those who do not know, KEWOSA is an association that brings us together as women Senators. Thank you very much for taking that up. I remember we had the privilege of having a meeting with the Inter-Parliamentary Union (IPU) in Kenya. I also thank our Speaker for following up and ensuring that we did not just meet, but also discuss substantial issues in this House. This is a very important Motion because it comes at a time when, as a country, we have been grappling with the issue of the two-thirds gender rule, which will be discussed in the National Assembly and finally in this House. Madam Temporary Speaker, it is important for us to note and salute all the women who have done enormous work to ensure that we appreciate and celebrate some of the great achievements in the country. We have a Constitution which allows women to sit in this House and be included in other sectors and bodies. We should remember women who fought for this cause before us. It would be unfortunate if we do not give credit, remember and thank them for standing during very difficult times then. If it is still difficult for us in the 21st Century, how difficult was it for the women who worked very hard and ensured that they did not remove the ladder once they got up? They left the ladder intact so that we continue to climb. That is what we, who have enjoyed the fruits of the struggle should do to make sure that we do not remove the ladder, so that other women and our young girls continue to achieve their full potential. Madam Temporary Speaker, we also cannot forget to thank the many men who support this movement. We have colleagues who did not leave the Chamber in the thought that this is a matter concerning women. They have sat and contributed. We hope that when the relevant Bill comes to this House, they will also contribute and vote in its favour. Like my colleagues have said, this issue has not started now. It is something that we see in our different communities. It is something to do with our culture. Culture has made us who we are. However, we should keep only what is good. Communities should agree that time is ripe for us to put aside cultures that discriminate and hinder the growth of one gender so that both genders in our communities move forward. One issue that plays a key role - I have said this many times - is education. Education is very important for us. It opens up our minds and worldview, so much for us to believe that gender equality is something that is important for all of us. Education also gives us choices on whether we want to be in leadership positions or not and many other The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Madam Temporary Speaker, from the outset, I would like to thank you for bringing this very important Motion. You are the most befitting candidate to do this because of your leadership position on women issues in this House, the National Assembly and also in the nation. You have been a trailblazer on matters of leadership, women and youth empowerment. It just befits you to have done this. When we discuss matters of women, in most cases, they are trivialized, for instance, the perception that these are just women, why do they want to take our space? Madam Temporary Speaker, I was one of the few students in the University of Nairobi to study a course called: “Women in the Legal Process”. It was very enlightening to study all those theories that are related to why women have been left out for a long time. There are those who are positivists and others are radicals. There have been many positions expounded as a result of looking for a solution on the marginalization of women. My professor then, Prof. Kameri Mbote, who was also my supervisor and a well renowned professor of law in this country, I think the first woman professor of law and Dean of the Law School at the University of Nairobi, was very instrumental in forming my thoughts particularly on what exactly we need to do as a nation to ensure that women are part and parcel of the economic development. Madam Temporary Speaker, Sir, President Obama put it very well; that, you cannot really want to develop when half of the population is being denied an opportunity to contribute to nation building. If we deny women jobs, we are denying the nation the knowledge that comes with those women who could have jobs. We also deny the nation revenue that comes with that. We are denying the nation taxes; more people would have been taxpayers for us to develop our country. Therefore, women issues must not be trivialized. They are very serious. I come from a constituency where a woman was a Member of Parliament for 10 years. I am proud to say that I was one of the key supporters of hon. Linah Jebii Kilimo when she 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.
Hurray to women! Madam Temporary Speaker, thank you for bringing this Motion from IPU. It is great to know that they are supporting our initiative to achieve the two-thirds gender rule which has been more theoretical than practical over time. We know that she comes from the socio-cultural background that most of us come from. However, I am happy that more women are able to stand up and be counted and face up to the challenges of being leaders. We have our history and examples for the same. We need to change the way we socialize our children and re-orientate them to know that they can lead effectively and to prepare Kenyans for the next generation of women leaders. It is unfortunate that we rank No.70 in terms of representation according 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.
ountries which have got accurate representation of women. In many countries, this has not been possible. Because of time, I would like to stop there, and congratulate you for bringing this Motion. I support.
Thank you, Madam Temporary Speaker, for giving me this opportunity to also contribute to this very important Motion. From the outset, let me congratulate you for coming up with this Motion. You are among many women leaders in this country who have tested the waters. You have been elected in a very turbulent constituency and also undergone a lot because of party politics and how people consider women in this country. When we speak about the issue of marginalization, the concept of marginalization is skewed in this country. For instance, some counties have been allocated a lot of money in terms of being marginalized for the last 50 years since Independence. The Constitution has also empowered women in this country on the basis of being marginalized for the many years. To actualize this, it has become a tall order because of hypocrisy and stereotypes from some quarters for many years. Madam Temporary Speaker, It is very important that we fight the war which was started by women. Sen. Mugo has fought and won the war by being elected several times. Hon. Charity Ngilu, hon. Phoebe Asiyo and the late Nobel Laurete Wangari Maathai also fought these wars and won. Even their sphere of influence is noted. It is important that we actualize these levels. Madam Temporary Speaker, we need to start from the lower cadres. In primary schools where we have representations of committees in Parents and Teachers Associations, as politicians, we need to influence and change it. Sen. Omondi mentioned 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. Okong’o, you have eight minutes to conclude your debate when this next appears on the Order Paper. Hon. Senators, it is now 6.30p.m. It is time to adjourn business of the Senate. The Senate stands adjourned until Tuesday 17th November, 2015 at 2.30p.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.