Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.40(3)(4), I have received the following Message from the Speaker of the National Assembly regarding the passage by the Assembly of the Assisted Reproductive Technology Bill (National Assembly Bill No.36 of 2014) and the Anti-doping Bill (National Assembly Bill No.6 of 2016). I quote:- “Pursuant to the provisions of Standing Order Nos.41(1) and 142 of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly. Whereas the Assisted Reproductive Health Bill (National Assembly Bill No.36 of 2014) and the Anti-doping Bill (National Assembly Bill No.6 of 2016) were published vide Kenya Gazette supplement No.32 of 29th August, 2014 and No.27(a) of 10th March, 2016 respectively; Whereas the Assisted Reproductive Health Bill (National Assembly Bill No.36 of 2014) seeks to provide a statutory framework for provision and access to assisted reproductive technology services by women affected by infertility; and the Anti-doping Bill (National Assembly Bill No.6 of 2016) seeks to give effect to the world Anti-doping code at the United Nations Educational, Scientific and Cultural Organization Convention against doping in sport; and, Whereas the National Assembly considered and passed the said two Bills on 10th 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, there are a few statements to be sought. I will allow those who want to seek for statements then we will 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. Deputy Speaker, Sir. We have statements to be issued on the Order Paper.
There are four statements to be issued, that is true. Let us look at them. The first one was sought by Sen. Wetangula and I note that he is not here. The second one was also sought by Sen. Wetangula and again I notice he is not here. Is the one by Sen. (Prof.) Lonyangapuo ready? I would like to request Senators that I re-organise the Order Paper in such a way that the statements will be issued slightly later. That takes us to the next Order.
On a point of order, Mr. Deputy Speaker, Sir. This follows your communication. I notice that the Senate is very prompt in processing Bills from the National Assembly when they come to the Senate, but we have been inquiring about Bills that were sent to the National Assembly even last year. We are not sure whether they have even been read for the First Time in the National Assembly. Would it be in order for your office to inform this House, in a systematic manner, what fate lies with the Senate Bills in the National Assembly and whether they will ever see daylight?
I hear you, Sen. (Prof.) Anyang'- Nyong'o. That issue came up on Thursday, last week and it was canvassed at length before the Speaker made a communication on it. I propose that we leave it at that for now. The Rules and Business Committee (RBC) will direct us on how to process Bills from the National Assembly because we, as a Senate, must do what we have to do. Hon. Senators, Order No.11is on Division. It is quite obvious we do not have the requisite number to vote. However, I will keep it in abeyance then we will come back to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I beg to move the following Procedural Motion:- THAT, pursuant to Standing Order No.30(3)(b), the Senate resolves to meet on Thursday, 21st April 2016, between 9.30 a.m. and 12.30 p.m. This procedural Motion is a product of consultations between the two sides of this House as well as the Speaker’s Office. It arises from the need to expedite the passage of the Anti-Doping Bill (National Assembly Bill No.6 of 2016). As everybody knows that the country is under an international deadline which must be met by latest tomorrow, so that the agency can be in place by next week as required by the relevant international bodies. I have consulted my brother, the Senate Minority Leader. We are in agreement that this Bill can be processed if we have an extra sitting tomorrow morning, so that the report of our deliberations can then go to the originating House in the afternoon so that our country does not get banned for not meeting the deadline as stipulated by the concerned international organizations. I can see the Senate Minority Leader is busy consulting yet he is the Seconder of the procedural Motion. I beg to move and request him to second.
Mr. Deputy Speaker, Sir, I was consulting and wondering what Sen. (Prof.) Lesan is doing here. He is supposed to be with the money guzzlers in Meru.
I beg to second the Procedural Motion for the single reason that the business that we want to transact this afternoon and tomorrow morning is so critical for the youth of this country. We must not conduct or omit to conduct ourselves in any manner that would undermine the interests of our youth who have marketed this country more than any single entity that I know of. I, therefore, urge the House that this is a matter that needs no debate and I request the Chair to propose and put the Question at the same time.
First, I will propose the Question.
Mr. Deputy Speaker, Sir, I oppose this Procedural Motion because I strongly believe that the sittings of the Senate are known and predictable. We should not be taken by surprise that a sitting is urgently required the following day. We have just The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Mr. Deputy Speaker, Sir, I rise to support this procedural Motion. I would like to make two points; first, to the distinguished Sen. Elachi, the Chief Whip of the Senate Majority as well as the Chief Whip for the Senate Minority, Sen. Muthama. Those two should make sure that we have Members here tomorrow. I will not mention the two people who should also lead by example.
Secondly, allow me to use this opportunity to congratulate the players of the Kenya Sevens Rugby Team for defeating the Fiji team in Singapore. This is an appropriate time for me to congratulate them because they are also athletes. This Bill will go a long way in supporting them. I beg to support.
Mr. Deputy Speaker, Sir, I would like to differ with my senior Senator, Mzee Obure, who is a veteran sportsperson and led so many organizations, including the Kenya Football Federation (KFF) in his heydays. The President made a promise in an international media house that he would persuade Parliament to deal with this issue. Therefore, on that basis, we are obliged to deal with this issue. Personally, I have been a consultant in the athletics arena for many years. I know the challenges facing this multi-trillion industry. Therefore, we should fast track and pass this Bill. Finally, I would also like to congratulate the Kenya Rugby team who won in a league whose name I am not even aware of. They made Kenya proud. I beg to support.
This has attracted more interest than I thought it would. However, we must give everybody a chance. So, please, make it as short as possible because it is a Procedural Motion. Proceed, Sen. (Prof.) Lonyangapuo.
Mr. Deputy Speaker, Sir, I join Sen. Obure in opposing this procedural Motion. This is for one very simple reason; when Sen. Obure speaks, we better listen. He is the longest serving member of athletics and sports teams. We should fast-track the business in the Order Paper and discuss the Anti-doping Bill. There is nothing that will stop us from doing so, immediately after this. That is why I oppose this procedural Motion. We should pass the Motion, discuss the Anti-doping Bill now, and clear it so that our athletes will be happy. The President who has been waiting can see how the Senate takes its work seriously. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Sen. (Prof.) Lonyangapuo, if I got you right, do you want us to fast-track the Bill and finish it today so that we do not come tomorrow? This will be quite welcome.
What is it, Sen. (Dr.) Machage?
On a point of order, Mr. Deputy Speaker, Sir. What Sen. (Prof.) Lonyangapuo has prayed for is completely unprocedural. Is he in order to anticipate debate and assume that it will be concluded today? That is against our Standing Orders.
He is not out of order! He is just making a wish that this matter be dealt with and concluded this afternoon so that we do not have to come tomorrow morning. I understood it that way. He is reasonably in order. Sen. Mutula Kilonzo Jnr., have you concluded?
Mr. Deputy Speaker, Sir, I have not started.
Mr. Deputy Speaker, Sir, I support this Motion for a good reason. If there was a time this nation went out of its way to demonstrate patriotism, it is when our team sang the three stanzas of the National Anthem and continued to show that this country is greater than us, politicians. Mr. Deputy Speaker, Sir, during Christmas we have come to this Senate to deal with matters, in my view, of lesser importance. We came here to vote on something I think we should not have, but we did. However, for purposes of people who go out there, particularly our athletes; this is not about any of us. It is about people who make this country proud. The Olympics would not be the real Olympics without Kenyans participating. So, if we have to work at night, let us do so. That is why I support this Motion. I am ready to come and sit here to see that this Bill is passed – particularly, because we are not the only ones who are doing it. Therefore, there is no reason to pretend that we can fast-track this Bill because, then, we would be violating the law.
What is your point of order, Sen. (Dr.) Machage?
On a point of order, Mr. Deputy Speaker, Sir. Is it in order for Sen. Mutula Kilonzo Jnr. to suggest that this House meets to discuss matters that are not important?
Sen. (Dr.) Machage, Sen. Mutula Kilonzo Jnr. is expressing his opinion. I would be completely out of order if I denied him the right to express his opinion whether it is acceptable to you or to anybody else or not. It is his right. Sen. Mutula Kilonzo Jnr., have you finished? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Mr. Deputy Speaker, Sir, I rise to support this Motion. Yesterday, at 4.30 p.m. when the National Assembly passed the business that we will transact, courtesy of this Procedural Motion, News Alert 411 recorded that the National Assembly had passed that Bill and it was waiting for the President’s assent. Some of us were shocked because, definitely. sports is a devolved function. It affects counties. We were shocked that somebody would imagine that this Bill would go to the President for assent without the input of this House. Now, that reason has prevailed and this Bill is with us, we have to put all effort to ensure that we transact this business and complete it within the required time. Mr. Deputy Speaker, Sir, with those remarks, I beg to support.
Mr. Deputy Speaker, Sir, I support the Motion. I did not intend to rise to speak on it, but something was mentioned by Sen. (Dr.) Khalwale which compels me to say one or two things. It is related to the Kenya Rugby Sevens team. Having won an international match in Singapore and on coming back to Kenya, they were given US$1,000 each as a reward; it is a shame to this nation. The only other thing that was added is a trip to any destination where Kenya Airways can take them yet Kenya Airways can take them to very few destinations on the face of the earth.
Therefore, I urge this Senate to think of coming up with a national sports reward protocol so that our athletes can be appropriately rewarded when they perform wonders in the global stage and not leave it to some tiny-headed individual who feels that US$1,000 in this day and age, for international stars like the Kenya Rugby Sevens team, is something to be proud of.
Proceed, Sen. Kagwe. Please, let us make it brief because it is a procedural Motion.
Mr. Deputy Speaker, Sir, I also rise to support the Motion with a rider. I remember that the Senate Minority Leader said that this Motion shall not require much debate. We can come and vote quickly. However, we must allow the hon. Senators to debate on the matter even as we vote. It is a very important issue. If there is a team in this country that shames tribalists and goes out there and identifies us, as Kenyans, it is our athletes. Whereas, I agree with the Senator for Kisumu, my teacher, Sen. (Prof.) Anyang'- Nyong'o; the fact that they must all be rewarded in the best manner possible, we must remember that they did not do it for the money. They are not doing it for the money. They do it because of the passion that they have for the sport and Kenya. In a way, we must never make it a situation where you work for it because of the money. We will reward what they have done. I agree with that, but we must never make it a quid pro quo 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. Sijeny, are you seeking the Floor?
No, Mr. Deputy Speaker, Sir.
Order, Senators! Please take your seat. There being no other hon. Senator seeking the Floor, I will put the question.
On a point of order, Mr. Deputy Speaker, Sir.
Sen. Murkomen, what is your point of order?
Mr. Deputy Speaker, Sir, the Chair said he will hold the Division of Revenue Bill in abeyance and if there shall be a requisite number, we shall vote. I am reminding the Chair that we have the requisite number.
Thank you, Sen. Murkomen. It is true I said we dispense with Order No. 11 and when we have the numbers, we vote on the Motion. Now, do we have the numbers?
Yes, Mr. Deputy Speaker, Sir.
Therefore, I direct that we go back to Order No.11 and proceed with the Division. I order that the Division Bell be rang for two minutes.
The Division Bell has gone off. We are now ready to vote. 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 wish to announce the results of the Division as follows:-
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I beg to move that the Anti-Doping Bill (National Assembly Bill No.6 of 2016) be now read a Second Time. The background of this Bill has already been provided. From the outset, I wish to appreciate my colleague Senators from both sides of the political divide, for appreciating the urgency of this matter and putting the country first; by giving an indication that it is important that we finish with this Bill, so that our athletes are not jeopardized in terms of their participation in the Olympics. Kenya has had a comparative advantage in athletics. For many years this is one area where God has been good to us, as a country. Everytime Kenya participates in athletics the question is not if Kenya will win, but always how many Kenyans we will see in the winners’ podium. This is one area we, as a nation, should be grateful to God for. This is because He has given our young people a talent free of charge. What we can do as a country, in appreciation of a God-given talent, is to support, nurture and even encourage it. Mr. Deputy Speaker, Sir, as the Senators are aware, the country had been given a deadline of one or two months ago, to pass this legislation. However, it was impossible to do so because there was need even to agree on the content of this Bill. The country went on to negotiate an extension and no lesser person than the President himself engaged the World Anti-doping Agency directly. He made a commitment – as some of my colleagues have already pointed out – that this Bill would be passed in two weeks’ time. The President of the World Anti-doping Agency, after consulting his colleagues in the committee, gave us the three weeks that we are enjoying, which are lapsing next week. Particularly, he said to the Kenyan authorities that the deadline of next week is final and will not be extended by any means whatsoever.
On a point of order, Mr. Deputy Speaker, Sir. I do not mean to interrupt my boss, the Senate Majority Leader, but considering that this House has many Senators, would I be in order to request you to inform the Members to be available at the end of this debate, hopefully at 6.00 p.m., to vote on the Second Reading this Bill? This will ensure that we go straight to the Committee of the Whole stage tomorrow. Could you request my colleagues to be available at an agreed time – maybe at 6.00 p.m. – for purposes of voting? 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. Deputy Speaker, Sir. Three years after being interned into parliamentary practice, the country would expect that the Deputy Majority Leader would know that the Speaker of the Senate is not the Chief Whip of either the Majority or Majority side. You should, in fact, consider putting sanctions against him for imputing improper motives.
On a point of order, Mr. Deputy Speaker, Sir. A Bill or an issue is on the Floor of this House only after you have proposed it. The issue being discussed by the Deputy Majority Leader is not yet even before this House. Is he in order?
Sen. Murkomen, Sen. (Dr.) Khalwale is asking me to throw you out, but I do not think you have transgressed in such a manner as to be thrown out yet. On one hand, I agree with both Sen. (Dr.) Khalwale and Sen. (Dr.) Machage, that the matter is not yet on the Floor of the House. However, on the other hand, whilst I appreciate that I am not a Whip or leader of either side, there is nothing wrong in Sen. Murkomen – because he is anxious to have this Bill passed – requesting that the Members stay so that we can vote on it and finish towards the end of the day. That request has been made and all of you have heard it. Proceed, Sen. (Prof.) Kindiki.
(Sen. (Prof) Kindiki): Mr. Deputy Speaker, Sir, I think the Senate Deputy Majority Leader has succeeded in what he wanted, which is to communicate the message that we need to be around. Maybe his county is the biggest producer of athletes and that explains why he could be more anxious than the rest of us. The National Assembly has already considered this Bill. It is a product of negotiations between Kenya and the World Anti-doping Agency and other international institutions that are involved in athletics. As the Mover of this Bill, I will not be averse to any suggestions on its improvement, but one difficulty – and I have already shared this with my brother, the Senate Minority Leader – is that given the negotiations that have gone on between--- Kenya actually had to submit the draft for them to look at and approve. They got back to say that this is the version which meets the standards they require. I am also aware that in the National Assembly there were instances where Members wanted to suggest certain amendments, but given those peculiar conditions, it was agreed--- Of course, the Senators are not bound by what happened in the National Assembly, but it would be in the interest of the nation if we could pass the negotiated version of this Bill and maybe pursue possible amendments later, in the ordinary course of things. I committed to my counterpart, the Senate Minority Leader – I hope he is listening – that it should be captured in the HANSARD, that after this Bill has been assented to and our athletes are cleared to participate in the Olympics and other international events, I will be supportive of any amendments that will improve this Bill, whether they come from the Minority or Majority side. The core function of this Bill is to establish the agency that will be responsible for controlling and dealing with cases of doping in our country. Those who follow sports news are aware that there have been a few cases of alleged doping worldwide. One country that has been in the spotlight from very powerful international media houses is The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
.: It is 2(6)
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, it is 2(5). I have a very clear understanding of the Constitution. There is Articles 2(5) and 2(6). Article 2(5) deals with treaties and conventions. Article 2(6) deals with customary international law. If it is the other way round, I stand guided.
Order! We are not in a court of law.
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I beg to move and I request my brother, Sen Wetangula, to second.
Mr. Deputy Speaker, Sir, I thank you and I beg to second this very important Bill. It is unfortunate that our country procrastinated on this matter for so long. It was because of the goings on in Athletics Kenya (AK) and the corruption that surrounded the conduct of some of their members, including the Chief Executive Officer (CEO). They were unable to bring this Bill at the right time to the extent that we nearly lost our slot to Rio de Janeiro for the next Olympics. That the Bill has come is a matter that we all support and I want to make a few comments. I hold my brother the Senate Majority Leader to his promise that any concerns that we raise that will require amendment – the time prohibition notwithstanding – will be dealt with later. This Bill sets up an anti-doping agency as required under an arranged structure that has to deal with mushrooming cases of doping the world over. One can remember the case of Ben Johnson, the man who was running like a bullet in one of the Olympics – I think it was either in Japan or China – winning four gold medals in three days, only to turn out to have been using banned substances to give him a competitive advantage against his colleagues. We have heard many cases of use of banned substances, particularly in the former East Germany, Russia, United States of America (USA) and, of late, it is creeping into Africa. I have no doubt that athletes in this country are born good runners.They run very well and they are world beaters just like Ethiopians and, once in a while, athletes from isolated countries like Uganda, Namibia and so on. This Bill is so important because our well-meaning innocent young runners have of late become victims of marauding promoters of sports who capture them and use them The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
On a point of information Mr. Deputy Speaker, Sir. Let me just point out to my colleague, Sen. Wetangula, that as a matter of fact, it talks about post- secondary school education. It says:- “A person shall be qualified to be appointed as a member of the Board if such a person holds a post-secondary--- It is post-secondary and not university.
Mr. Deputy Speaker, Sir, are we dealing with the same document?
Could I have that document? Thank you for the information, but even post-secondary is still limiting. When you finish Form 4 and start running, what other post-secondary can you have? Unless you want to qualify running as post-secondary because if we are dealing with qualifications -- - 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
Mo Farah is not a Kenyan
. I want to see the President recognizing that Paul Ereng was a Turkana runner and he can sit on this board. I want to see the President realizing that a person called David Rudisha - who is neither from his community nor his Deputy’s community, but he was a great runner - can sit on this board. Mr. Deputy Speaker, Sir, we, as an alternative government, have made up our minds, that any such flawed appointments, we will be going to court to challenge for being unconstitutional and an assault on the cohesion and unity of this country. I want to believe that the people lined up to be appointed in a hurry after the assent to this Bill will represent the face of Kenya, the talent of Kenya and it will not be limited. Mr. Deputy Speaker, Sir, I have no problem with a young man like Paul Tergat being appointed. In fact, in the community where I come from, we have no runners. So, I am not asking for them to come in the category of 10(e).
Order! Sen. Murkomen, what is your point of order?
On a point of order, Mr. Deputy Speaker, Sir. Some of the most celebrated athletes in this country come from Bungoma County. Is it in order for the Senator of Bungoma to deny his own athletes who come from Mount Elgon area and who have given this country great pride like the Chemos’ family and the other family which has four athletes? Is it in order for the Senate Minority Leader to deny his own people?
Mr. Deputy Speaker, Sir, I did not say athletes from my county. From my county, I have great people like Ben Jipcho, the Chemos girls and the Masais’. I know them and I am very proud of them. I was talking of the Mulembe nation that the President does not see, hear of or recognize when he his making his appointments.
Mr. Deputy Speaker, Sir, I am very proud of Milcah Chemos, Linet Masai and my friend Ben Jipcho who supports me. They are all my friends who vote for me and support 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! Can somebody give Sen. Wetangula the correct Bill?
Yes, Mr. Deputy Speaker, Sir. I have been given and I will compare the two because I have made my notes in the blue Bill. Clause 11 deals with the Tenure of the Board. This board will do an important job. A three -year tenure is too short. I would have liked this board to serve for a six year non renewable term. In the following appointments, we have a clause that can insulate some Members so that we stagger at any one time; half of the members dropout and another half remains.
Sen. Sang, what is your point of order?
On a point of order, Mr. Deputy Speaker, Sir, did you notice that the Senator for Busia County crossed to this other side of the House and walked all the way and crossed back and disappeared?
Where is he? I cannot see him anywhere.
Mr. Deputy Speaker, Sir, he not only did that, but he also stood directly between your eye and the person on the Floor, which is against the Standing Order.
Sen. Wako, you have heard the complaint made against you. My request to you is that you observe the rules of the House because you know them well.
In fact, Mr. Deputy Speaker, Sir, in my long experience in Parliament, I have never seen any Member go and stand behind the Clerks. They always stand in front.
Can I explain Mr. Deputy Speaker, Sir?
Sen. Wako, you are completely out of order!
Mr. Deputy Speaker, Sir, I have finished with Clause 11. I now go to Clause 14 regarding the powers of the board to receive grants, gifts, donations and so on. This has to be qualified because some of those international bodies that manufacture banned substances may be the ones gifting the board so that sometimes when the offensive substances are traced, they are not exposed. We need to be careful on what gifts they will receive and from whom. Should they The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Mr. Deputy Speaker, Sir, please, protect me from my own leader.
Sen. (Dr.) Machage, I am sure your leader will do you no harm.
Mr. Deputy Speaker, Sir, doping is an issue that is recent and not indigenous to Kenya or African countries. I wish the Anti-doping Bill had been expanded to also include other groups of people like public servants and Members of Parliament (MPs) who misuse drugs for one reason or another. Unfortunately, the focus is only on athletes or sports. As the Senate, we have not had time to study and execute this Bill. However, I hope that it will not be an issue similar to what I saw when we had a referendum on the Constitution where it was said: “If our leader has read the Draft Constitution, we do not need to read it, it is good.” I hope that His Excellency the President has read this Bill or his readers have done it for him. Mr. Deputy Speaker, Sir, we are convinced to pass this Bill because of two reasons. First is the urgency under which this Bill has been brought to this House; in view of the international requirements for our athletes. Secondly is because we have the mandate as a Parliament to amend it when the time comes. It is important for us to protect our athletes especially because of the upcoming Olympics in Rio De Janeiro. Therefore, we have no option but to pass this Bill despite the few shortfalls that there may be in its write-up. This opportunity gives me a chance to congratulate all our athletes and especially our rugby team which did so well and made us proud. Although we expected the President to receive them as he had promised, only for him to send his Cabinet Secretary. It could be because he had a Cabinet retreat. I hope that he did not ignore the team. We know that there is a lot of talent hidden out there that can be harvested with the success of this team because they will have very many sponsors. Therefore, they will be able to identify many hidden talents as a result of their success. 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, it is with great joy and a lot of satisfaction that I rise to support this Bill. For every medal that we win in the world championships or Olympics, at least 80 per cent of the athletes are from Elgeyo- Marakwet County. For many years, Elgeyo-Marakwet County has retained the record for the 3,000 steeple chase from the days of Mr. Moses Kiptanui to Mr. Ezekiel Kemboi who incidentally is my neighbour back home in Marakwet. Most of the marathon runners come from Elgeyo-Marakwet County or train there. These include Mr. Mo Farah, Ms. Paula Radcliffe and other global athletes. Iten is known as the home of champions as well as an international training centre with their coach being our former teacher, Brother Colm O’Connell, who has trained so many athletes including the latest, Mr. David Rudisha who is one of the students of the renowned Irish who should be a Kenyan by now and lives in Iten. Brother Colm has lived in Kenya for over 30 years. I had a discussion with him recently concerning the current events in so far as sports are concerned. Doping was a problem that was removed from us because it was alien. Doping is something that happened out there in the United States of America (USA) and other countries. However, it is now next door. It is now in Iten, Eldoret and many other parts of this country where our athletes are being lured by unscrupulous business people who do illicit business and want to make money from the brand that sports is in this country. Mr. Deputy Speaker, Sir, this country has raw talent. With the little investment that we have put in sports, we have produced the best athletes for many years. Those who have come to ruin this sector are not Kenyans; most of them are foreigners who collude 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 support this Bill. First, I am happy to be in Nairobi. The doubting Thomases went to Meru and found that, that is where Judas was supposed to go. The people who are selling devolution are in Meru. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
(Sen. (Dr.) Machage): Order, Senators! You may raise points of information.
Mr. Temporary Speaker, Sir, it is clear that they shall not act under any direction yet the Board is supposed to control the Agency. It appears 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 information, Mr. Temporary Speaker, Sir.
(Sen. (Dr.) Machage): Sen. Mutula Kilonzo Jnr., do you want to be informed?
Yes, Mr. Temporary Speaker, Sir.
Mr. Temporary Speaker, Sir, I am sure the Senator is a football fan. He knows that athletes are not warned when they are being investigated on doping. They are investigated at any time as long as they are active in sports. By not requiring their consent, it is in so far as the doping investigation is concerned. It is not in terms of management.
Mr. Temporary Speaker, Sir, if the law required something to be clear, it should clearly provide so. In this one, it appears there is an ambiguity and it should satisfy that it is in reference to matters of doping. The side notes indicate:- “Independence of the agency and therapeutic use exemption committee” Mr. Temporary Speaker, Sir, the wording should be changed to reflect investigations and not to cause contradiction. I propose that in the proposed amendments - that are to come later - these banned substances come through pharmaceutical and licensed businesses. At the first instance, the licensed businesses are the ones that are doing illegal actions. The Board established in this Bill should have a member from the Pharmacy and Poisons Board. The Senate Majority Leader should take note of that. In most cases, banned substances are coming through registered and licensed organisations and pharmacies. The body that regulates the pharmacies and their operations is the Pharmacy and Poisons Board. This board should have a member of the Pharmacy and Poisons Board. The offences perpetuated are done by these legal businesses. Mr. Temporary Speaker, Sir, it reminds me of someone in the City Market who used to sell cabbages but when you check at the back, you will find all the alcohol in the world. This is the same thing with doping. There are certain drugs that are lawful for purposes of medicinal use but have got substances that are banned. There is a substance called ephedrine which got Maradona in trouble. In some cases, they are used by people who practice in gymnasiums. It is also used for medicinal purposes. Some substances are banned in so far as doping is concerned. Therefore, the Bill - instead of being too ambiguous - should list what the banned substances are for purposes of sports. Mr. Temporary Speaker, Sir, Maria Sharapova who played tennis was banned.
(Sen. (Dr.) Machage): Order, the Senate Minority Leader. You may be useful a little but let us be orthodox.
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Mr. Temporary Speaker, Sir, doping is not rampant in Kenya. We are legislating this for purposes of complying with the international standards. May I tell the Senate Majority Leader that his arguments about treaties and especially Article 2 (5) and (6) of the Constitution are applicable. We are a world community and when we talk of the International Criminal Court (ICC), we should remember what we are doing today. It is the same thing because we are complying with the international standards. When we talk of the ICC treaties the Senate Majority Leader should treat it the same way we are treating this Bill. We should deal with persons who are doing doping the same way we deal with criminals. I am not satisfied about the agency. I do not know how you define the agency in terms of who is supposed to be in it because I have not seen that. I am not sure whether it will be left to the discretion of somebody as to who will sit in the agency. This is because Clause 6 gives the agency immense powers and directions. It is not possible because you are creating something akin to a police organisation and also an investigative organisation. The composition of the agency is not very clear because it has been left ambiguous. Therefore, I would like the Senate Majority Leader to check that, so that it is not left to the people we know who will play around with the agency because of what we know and what Sen. Wetangula was referring to. Mr. Temporary Speaker, Sir, I entirely agree with the proposal that we should not allow them to receive gifts because we know what will happen when they start receiving gifts from organisations. Therefore, the part on gifts also needs to be looked at. In terms of the protection that we need to give to this agency, I thought Parliament will be given a role. Since it has not been given a role, there is no way of insulating the Board from politics. So, it will be left to the whims of anybody. The Cabinet Sectary for Sports, Culture and the Arts could wake up and fire the chairman, change the agency or do what he feels like. So, the insulation of such an organisation that has international status is critical in terms of anchoring it firmly in the law and ensuring that the removal of the person sitting in the Board such as the Chief Executive Officer (CEO) and the Board are insulated or vetted by Parliament. One of the two would ideally satisfy my fears that a new Government could come and change people and do the usual things that we do in this country that we are famous for doing. Mr. Temporary Speaker, Sir, other than the suggested list of banned substances, the persons who trade in them or people who sell the drugs, the Bill itself complies entirely with the Constitution in terms of audit, reporting, what they should do and activities of the Board. I pray that the board and this Bill will put Kenya back into the spotlight where we want it to be. We regret those instances where some of our athletes have been found to have been trading in the banned substances. We encourage the youth and people from all counties to become athletes and join sports because we realise the importance of sports. I agree with Sen. (Prof.) Anyang'- Nyong'o; it is a joke and an abuse to give somebody who has put us on a map USD1,000. If the gentlemen who won the Rugby Sevens Series were in the Middle East, they would be instant billionaires because rugby profession and sports is an industry. People are making money by becoming professions. Sen. (Prof.) Kindiki, how do we ensure that our 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 agree with the Senator for Makueni who is also known as “Junior”. He has said that this Bill is about domesticating international law or convention. In the preamble, it says that this is an Act of Parliament to provide for the implementation of the UNESCO Convention. So, we are domesticating an international protocol to regulate sporting activities. Therefore, we must be prepared for the consequences because when you talk of the international community, it is like referring to the western nations. By any stretch of the imagination, we should never think for one moment that we are part of the international community. These words, quite often, refer to the western nations. They set standards by which they judge you and determine who is to be punished and who is to be tested for doping. Two days ago, after this Bill was passed in the National Assembly, the head of the anti-doping agency in New Zealand said; “It is not enough and Kenya must follow up this law with action. Otherwise, it is just another piece of paper.” In other words, they do not even believe that it will make any difference after we pass this Bill. He said that 40 Kenyans have failed doping tests since 2012 and that it is “common place in Kenya.” They hold the perception that we win athletics, rugby and all other sports because we use drugs. That is why when we won in the Olympics last year, the media, particularly in the United States of America (USA) was completely silent on our victory. In fact, we got absolutely no coverage. The Washington Post and The New York Times mentioned how their countries perform well towards the last paragraphs. At the bottom, they said that---
(Sen. (Dr.) Machage): Order, Sen. Wetangula. You are getting used to this kind of theatrics.
Mr. Temporary Speaker, Sir, as we make this law, we must be alive to the fact that we are signing an international convention. Therefore, we must be cautious that our interest is taken care of and we do not fall victims of those who think that performance, victory and being number one in the world is only a reserve of the developed countries. Going through this Bill, I am concerned about some of the inconsistencies about who an athlete is. It defines an athlete as a person who competes in sports at the international level. At the same time, Clause 42 provides for penalties for a person who participates in recreational sport such as in a gym or a fitness club. If we are dealing with issues about athletes and those who compete at international level, I am concerned with young men who decide to test their abilities by taking the traditional or prescribed substances not for competition or for sports but for recreation in their own villages in little gyms in Kakamega or Makueni because it will be an offence. There are some things The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Thank you, Mr. Temporary Speaker, Sir. I also wish to support this Bill, taking cognizance of judicial notice that Kenya has performed very well in athletics. Our brothers and sisters have made us proud. So, this is an area which we need to protect, safeguard and ensure that we always get the glory. It is sad that once we have celebrated and sung the National Anthem, then you hear that the medal has been taken away from the athlete. This is something which is new to us as Kenyans because it is the last thing we expected that would affect us. Mr. Temporary Speaker, Sir, as the saying goes, the globe has become a very small place and many things do spread, interferences are there; there are more hungry men and women who venture into our territories and want to make quick bucks out of our people, hence the need for this long awaited Anti-Doping Bill. Mr. Temporary Speaker, Sir, I am happy because this Bill is domesticating an international instrument; meaning the whole world is concerned. When we look at the provisions of the Bill, I am glad that there is an establishment of the Anti-Doping Agency. It clearly states what the functions and the powers are. The fact that it will be working with some sense of independence is very important because there should be no interference. Again, nobody is indispensable because it gives the provisions of how a board member is supposed to be removed. Mr. Temporary Speaker, Sir, even though I know there was a rule on reduction of these independent boards in Kenya; this Bill brings the important aspect and the need for enhanced, monitoring and evaluation. Therefore, we applaud the existence of the board and the functions which are stated there. What I like about the Bill is in Part III on administration and enforcement. This indicates on the prohibited activities. It is important but it should be clear that since it is domesticated, we should not rubberstamp those international laws. We should also look at the unique instances that do exist which are normally performed within the African setup, particularly in Kenya. Those traditional things that we look for; I know like the Maasai’s have herbs and many others. There are some herbs that are used to strengthen bones and other things. We should be clear that they are not harmful to the parts of the body, which are useful and important. It talks about the human body; an area which I am very passionate about. It ensures that someone’s health is paramount. Mr. Temporary Speaker, Sir, when we look at the other parts of the Bill on dispute resolution, this will encourage and ensure that disputes, if any, are concluded on time. We will avoid wasting time in court. Being a lawyer, I know the way cases can take forever and for most of these people, this is their only livelihood. So, if there is an issue, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
(Sen. (Dr.) Machage): What is it, Sen. Okong’o?
On a point of order Mr. Temporary Speaker, Sir, from the look of things, it is clear that if we all utilize our maximum minutes in contributing to this Bill, we might not all contribute. I am requesting under the directions of the Majority Leader that we reduce the contribution time to five minutes so that most of us can add our input to this Bill.
Mr. Temporary Speaker, Sir, I hope I am protected because I was still on my feet.
(Sen. (Dr.) Machage): You are protected.
Thank you, Mr. Temporary Speaker, Sir. I was winding up when I said dissemination and awareness creation should be done so that we do not have instances where athletes are not aware of what is prohibited and what is not. They then end up messing up with their careers. With those few remarks, I beg to support.
(Sen. (Dr.) Machage): All the other contributors will now have five minutes. Sen. Okong’o! 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. From the outset, let me take this opportunity to congratulate the proponent of this Bill, Hon. Wesley Korir, who two days ago became number four in the Boston Marathon where he set a record in 2010. That record has never been broken. Secondly, Mr. Temporary Speaker, Sir, this Bill is timely considering that we have threats of sanctions from the western countries. This mistake is not of their making but it is because of the laziness of the Cabinet Secretary, Mr. Hassan Wario who has good credentials with a PhD, but lazy in complying with some of these issues. Mr. Temporary Speaker, Sir, I have looked at this Bill extensively but I have realized that one thing is missing and I request the Leader of Majority to consider. We do not have to be talking about headquarters in Nairobi especially this time of devolution. This agency should have its headquarters in Elgeyo-Marakwet, where we have abundance of athletes, and not necessarily in Nairobi. This is a matter that we need to consider as we go to the Committee of the Whole stage. The issue of penalties has been discussed. We need to have punitive measures such as life imprisonment against crooks who mess up our young athletes. As we prepare for the Olympics, I am surprised that the Cabinet Secretary, Dr. Wario, has given powers to one Mr. Muthee, to be in charge of a committee dealing with matters of athletics. This is wrong because he does not have the qualifications to lead our team. These matters need to be taken into consideration. As we comply with other relevant laws, the Cabinet Secretary in charge of sports, culture and arts needs to hear the cries of athletes in this country, who are requesting that he reconsiders the decision of appointing somebody who is learning rugby to be in charge of their activities. Mr. Temporary Speaker, Sir, I heard Sen. Billow talk about world powers that are interested in interfering with our country’s internal affairs. Kenya has been a powerhouse in athletics for over 50 years and there is a well orchestrated move by western countries to curtail her interests of dominating. If we are not keen, as we domesticate this Bill, we might fall prey to these world powers. They are looking out for countries that are doing well. You saw what they did to President Muammar Gaddafi, who had protected his country’s interests and was advocating for the unification of Africa. They killed him and left the country in shambles. There is only one President in Africa who stands before world powers, because he has the institutional memory, and speaks against them. Although some of us think that he has been in power for too long, he tells them what they need to be told, clear and square. President Mugabe is the only remaining President in this world who has the institutional memory and understanding about the orchestrated move by western countries which want to interfere with our countries. Mr. Temporary Speaker, Sir, since the Senate Majority Leader and Senate Minority Leader have spoken eloquently about this Bill, I rest my case and beg to support.
Mr. Temporary Speaker, Sir, the Bill that we are discussing is important in the sense that Kenya has dominated in most athletic events out there. Most countries which have failed to compete with Kenya could be thinking that the success The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Asante, Bw. Spika wa Muda, kwa kunipa nafasi hii ili nichangie Mswada huu wa kupambana wa madawa ya kusisimua misuli. Ningependa kuwapongeza na kuwapa heko ndugu zetu, wanamichezo, wote katika nchi hii. Inajulikana ulimwenguni kwamba Kenya inajivunia riadha. La muhimu zaidi pia ni kuwapongeza wachezaji wetu wa mchezo wa raga ambao una wachezaji saba kila upande. Nawapongeza sana kwa ushindi walioletea taifa letu la Kenya. Wachezaji hao wanafaa kuigwa na vijana wetu wote kwa kushinda timu ya Fiji na kuiletea sifa nchi yetu katika mchezo wa raga. Si vyema kuona Serikali yetu ya Jubilee ikishurutishwa na kitengo kinachosimamia mambo ya madawa ya kulevya au ya The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
(Sen. (Dr.) Machage): Order, Senator! Your time is up! Sen. Sang, you are supposed to be the next contributor yet you are still standing next to me.
Mr. Temporary Speaker, Sir, I was almost tempted to contribute from the Speaker’s microphone.
(Sen. (Dr.) Machage): Order, Senator! You are a Member of the Speaker’s panel. You know that is impossible.
Mr. Temporary Speaker, Sir, I rise to support this Bill. I take this opportunity to congratulate the leadership of this House led by Sen. (Prof.) Kindiki and the Senate Deputy Majority Leader, Sen. Murkomen, for ensuring that this Bill found its way here in the Senate. For a very long time, we have seen a lot of discussions in the National Assembly that seem to disregard the constitutional mandate of this House. Sports is a devolved function. We know the immense contribution of sports in the economy of this country. I come from a county where sports is one of the major contributing investments to the county and the economic wellbeing of the region. We have seen many young people winning in athletics. By passing this Bill, we will be able to preserve a sport that has engaged thousands of young people in my county. I congratulate the President for negotiating with international institutions to allow more time to pass this Bill. We, as Senate, must expedite the passage of this Bill so that our athletes are not disadvantaged in any way. Many county governments have improved their sporting facilities. For example, in the last three years, Nandi County Government has allocated more than Kshs360 million for the refurbishment of Kipchoge Keino Stadium. However, it is a pity that all you see there is a perimeter wall. Mr. Temporary Speaker, Sir, we, as a Senate, must be serious if we have to promote sporting activities that engage many young people in this country. Whereas the national Government, the National Assembly and the Senate are doing their part in ensuring that the necessary legislations are put in place, county governments must devote resources and ensure sport facilities are improved. By now, I hoped my county would have established more training institutions to train young people. We must ensure 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, this is a Bill which, as it is clearly stated in the in the preamble and Clause Four, is to give effect to the Anti-doping court and the United Nations Educational, Scientific and Cultural Convention (UNESCO) against doping in sports. Therefore, I take it as given that most of the clauses which are in this Bill are those that have been really debated at the international level and which the member states are under obligation to give effect to. However, as much as we domesticate the international standards, one must also take into account the local situation. To me, this Bill has not addressed the issue of prevention in terms of what the Senate Minority Leader stated; agents who come from overseas. I am sure that it is the agents who come from overseas with their motives for profit that have caused our young people to turn to the doping drugs unwittingly. Most of our athletes are people who have just finished primary school. Some of them enter into this field bare foot. They are not exposed. Therefore, we have this hoax that comes in from outside and takes advantage of the natural talent of our youth. They are naïve and, therefore, are introduced to this scene by international agents.
I am disappointed that the definition of “agent” is not in this Bill. We should have it. We should also have a clause tying those agents to certain ethical standards, and then, under another clause, the Cabinet Secretary will be mandated to make regulations to regulate agents who manipulate our youth and make them take the drugs, unwittingly. I say “unwittingly” because before the practice of doping, Kenya was already well bound. In fact, at that time, many of these people came here to study, for example, what the Kalenjin eat, which areas they stay and what makes them win. In other words, they acknowledge that there are natural abilities in our athletes; from Kenya and Ethiopia. It is only later on, that this became a profit making machine through doping. Therefore, the agents must be involved. Secondly, it appears that this is a legal issue. I hope it will be taken care of in the amendments. In the definition of clause, we have what is called Therapeutic Use Committee which is established under Clause 23. It just says, “there shall be established a committee.” Under the functions of the agency, particularly, Clause (7)(1)(j) states 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
Order, Senator. Your time is up.
Mr. Temporary Speaker, Sir, is that five minutes?
Yes. I will add you 30 seconds because you are a senior Member.
Mr. Temporary Speaker, Sir, whereas it says, “independence,” I am a bit worried about appointments of the various people. Although the qualifications are specified, without any hindrance, powers have been given to the Cabinet Secretary to make appointments. So, how can the agency be independent when all the appointments in different categories are done by one person called the Cabinet Secretary? There is a lacuna. We need to look at that to secure the independence of this agency.
Mr. Temporary Speaker, Sir, I rise to support the Senate Majority Leader that the Anti-Doping Bill (National Assembly Bill No.6 of 2016) be read a Second time. I have only two points. First, I propose that we look at Clause 6, where the headquarters will be in Nairobi. We do not want to find this thing again, where, for example, we the sugar cane farmers find ourselves. We do sugar cane farming and when we want to sort out our issues; we end up coming to Nairobi as the headquarters. I am not saying that athletes are only in certain parts of the country but since the people who have demonstrated excellence happen to come from one corner of the country, let us allow the headquarters to be in Iten so that the spirit of devolution is also captured. Secondly, this amendment concerns Clause 10 on the composition. There are two things here. If you look at sub-clause (e), we have given the power of appointing these five people to the Cabinet Secretary. In view of the fact that sports is fully devolved, it should not be the Cabinet Secretary. We should give this role to the Council of Governors (CoG). They can identify these five people. What is more? If you go back to Clause 2; it speaks to administration of the agents. It clearly states that the only exemption is where a substance is being administered from bona fide medical personnel. If in Clause 2, we have seen the wisdom of allowing substances that are given for medicinal reasons and other things by bona fide medical personnel, then, it is important that a member from the Kenya Medical Practitioners and Dentists Board (KMPDB) should also sit on the panel to guide them; that, for example, this substance is ordinarily given for treatment of asthma or some other condition. Mr. Temporary Speaker, Sir, my second and last point is to thank the President for the effort that he has taken to ensure that we have come where we are. Otherwise, our athletes were going to be locked out. As we thank him, we would like to remind him 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
Mr. Temporary Speaker, Sir, I support this Bill. I thank the Senate Majority Leader and his deputy for ensuring that the Bill is brought before this House. This is a Bill to provide for the implementation of the United Nations Educational, Scientific and Cultural Organisation Convention against Doping in Sports. We thank God for the young talented sportsmen in this country. However, there is an emergence of coaches from Europe who are in a competing spree. They are using different supplements to ensure boosting in sporting activities. Therefore, we have experienced challenges on the use of these substances. The athletes use them without knowing their effects. We should create awareness on the use of these substances and the effects of doping. Mr. Temporary Speaker, Sir, we need to look at the penalties that we have put in place. This is a Bill that we are domesticating from international law. Therefore, most of the amendments will be done after it is enacted. We should look at the established agency and how it will run its activities vis-à-vis the authorities that are established in the sports sector. This is to avoid overlapping mandates among these authorities. Mr. Temporary Speaker, Sir, how shall we penalise a person who comes to our country to coach and abet doping? This has caused many athletes to be banned for things that they did not know. We have to encourage the country to draft a Bill to ensure that our mechanisms protect our sportsmen. Weightlifting and boxing are areas where substances are abused because of the nature of the sport. In the administration and enforcement regime under Clause 26, there are many issues that have been raised. Clause (g) is on trafficking or attempted trafficking in any prohibited substances or prohibited methods. We do not need trafficking of substances that are used for doping. Our sportsmen are earning from sports and we need to protect them. Lastly, I support Sen. (Dr.) Khalwale on the establishment of the Anti-Doping Agency headquarters in the Rift-Valley and especially in Iten, Elgeyo-Marakwet County.
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Mr. Temporary Speaker, Sir, this is an important Bill. It is no doubt that sports have enhanced the reputation of our country. It has made us proud. It is also a source of employment and wealth creation for our youth. There is a perception that Kenya is benefiting out of doping. We are aware of some athletes who have done well in the international sports including Olympics, but they were later denied medals because the winners were later discovered to have engaged in doping. Mr. Temporary Speaker, Sir, under the definition Clause, the United Nations Educational, Scientific and Cultural Organisation Convention against Doping in Sports is a Convention that Kenya is a signatory to. Therefore, when Kenya is pushed to enact legislation, it is an imposition because we are a signatory to an international law. Under our Constitution, we conform to the international laws. It was not necessary to push us to enact a law. Nevertheless, we shall enact it so that we are facilitated to participate in international sporting. Our sovereignty as a nation and the dignity of our athletes must be protected. Once we enact the law, we may be signing away certain rights which are, otherwise, protected by our Constitution. The athletes may be subjected to inhumane and undignified treatment by being ambushed and their privacy interfered with. Mr. Temporary Speaker, Sir, the Bill provides that it is only the laboratory accredited by World Anti-Doping Agency that will carry out doping investigations. We have laboratories in this country and if they are not there, we shall establish them. I suggest that we amend this Bill so that the World Anti-Doping Agency can only accredit on consultation with the local agencies. On the qualifications for one to become a member of the board, the management of athletics has been by the former athletes who only have secondary school qualifications. One Isaiah Kiplagat and Kipchoge Keino have done a good job. Why are we disqualifying such similar athletes from participating? At the end of the day, self regulation is the most effective way. We are creating an agency to regulate a sector but we are not giving the sector the powers to self regulate. We should have an amendment that provides that the former sportsmen are included.
Mr. Temporary Speaker, Sir, on a point of order. Is Sen. Ndiema - a Member who was elected through the party of the presidential candidate in this House - in order to allege that there is no self regulation? The agency is part of the self regulation of the sports sector.
Mr. Temporary Speaker, Sir, in the composition of the board, there is no slot for representatives of the regulating agencies. So, what we are saying is that if this board should---
Give him a half a minute. 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, sports is a devolved function. There should be a representative from the counties in this Agency. It is our responsibility as a Senate to ensure that they are represented. Do I still have a minute?
No, time is up.
Mr. Temporary Speaker, Sir, because my microphone is still on, I want to say that managers must be registered by this organisation so that we know them and we can follow them up to ensure that they do not mislead our athletes.
Thank you, Sen. Ndiema. Sen. Elachi.
Mr. Temporary Speaker, Sir, I stand pursuant to Standing Order No.33 to move:- THAT the Senate resolves to extend its sitting time until the conclusion of business in Order Nos. 13 and 15 on today’s Supplementary Order Paper.
I now wish to propose the question.
This is not a matter concerning counties. Therefore, it is a voice vote.
Mr. Temporary Speaker, Sir, thank you for giving me this chance. I also rise to support this Bill which is important, especially to some of us who come from counties like Kericho where athletics is one of our homestay. It is worth noting that the first Kenyan to win an Olympic medal - I should have said this when the Senator for Kakamega was here because I heard him make a factual error that the first Kenyan to win an Olympic medal is someone whose name I cannot remember - was Wilson Kiprugut from Kericho. You can google to confirm that.
I can see you are worthy of being a presidential candidate because you know these things.
I support this Bill because it protects one of the greatest assets that this nation has. That is our success and dominance in athletics. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Thank you, Sen. Cheruiyot. Sen. M. Kajwang'!
Mr. Temporary Speaker, Sir, I support the Bill. If it were not for the very convincing words from the Senate Majority Leader, I would have supported 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, let me start by paying tribute to our sports men and women who have brought glory and honor to our country. In athletics ---
Sen. Obure, because of your past engagement in sports, you will have an extra two minutes.
Mr. Temporary Speaker, Sir, thank you for that recognition. In athletics, we all recognise that Nyantika Maiyoro of Kisii County was the first Kenyan to win a medal in an international competition during the Melbourne Commonwealth Games in the 1960s. We also recognize Wilson Kiprugut of Kericho County who won the first medal in the Olympics Games in Tokyo in 1964. We recognise the late Naftali Temu of Nyamira County who won the first gold medal in the Mexico Olympics in 1968. In the same Olympics, Kipchoge Keino and Amos Biwott both won gold medals. I believe Kipchoge Keino is from Uasin Gishu County and Amos Biwott is from Elgeyo-Marakwet County. The greatest event of all took place in 1972 during the Munich Olympics, where the amazing Kenyan quartet of Charles Asati and Hezekiah Nyamau both from Kisii County, Robert Ouko from Nyamira County and Julius Sang of Nandi County won the gold medal in 4x400 metres relay. This was perhaps the greatest sporting event many of us have ever watched. I also pay tribute to many other Kenyan athletes who have been outstanding in various sporting events in the intervening years. I also recognise the achievement of our women who have, in fact, dominated the international athletics scene in world capitals in the recent years. I take this opportunity, in particular, to heartily congratulate our rugby team which conquered the world last weekend in Singapore. The names of these boys need to be listed in our Country Hall of Honour. The purpose of this Bill is to protect the fundamental rights of athletes to participate in sports activities that are free from doping and, secondly, to put in place 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 information, Mr. Temporary Speaker, Sir. He cannot say for himself. However, let me say that if Sen. Obure had been born in these times when it pays to be in sports like athletics and so on and not at a time when academia was emphasized more than sports, Sen. Obure would be one of the best footballers in the world today. We would be mentioning him as one of the best footballers.
Mr. Temporary Speaker, Sir, I am humbled by those remarks. I believe if I was born around this time, this century, maybe, I would be playing in those ranks. I believe that there is tremendous talent in football all over this country which can be nurtured and tapped. The problem of football in Kenya is poor organisation and management and inadequate funding and investment. We need selfless and committed leadership in football; a committed leadership with a vision to take the game to the next level. As supporters of football, we must accept the basic principle that in participating - that is a prerequisite in participating in a game of football - the referee’s decision is final.If we continue challenging the referee’s decision, we will see the kind of chaos we see in our stadia. Mr. Temporary Speaker, Sir, going back to the Bill, what the proposed Bill will do is to give us the means to identify and isolate those who tempt our athletes into using prohibited substances. I believe this is a very good Bill. I support.
Thank you Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to this Bill. First, I want to congratulate Senators for being in the right place this afternoon. Often, Senators have agreed verbally on things but this time they have taken a practical action and chosen to be in the right place, that is, in the Senate Chamber and not in Meru. 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) Lesan, in other words, what are you saying?
Mr. Temporary Speaker, Sir, I am saying what happened last evening when the Motion for Adjournment was moved, the expression was made by Senators that they will not adjourn the House, they would stay and not attend the conference in Meru. This is one practical thing that Senators have done in unison and I think they have done the right thing. The message passed on the floor in the conference in Meru now is loud and clear as to the intentions of the Senators and what action they wish to take. Along with that Mr. Temporary Speaker, Sir, I want to encourage Senators that we do agree---
On a point of information, Mr. Temporary Speaker, Sir.
Do you want to be informed by Sen. Wako?
Yes Mr. Temporary Speaker, Sir.
Mr. Temporary Speaker, Sir, I just want to congratulate the Senator because, being the Chair of the Sessional Committee on the Devolved Government, he was one person, apart from the Speaker, who should have been in the Devolution Conference because his Committee deals with that; but he chose to go along with all of us and he is here today contributing to this Motion.
Sen. Wako, was that a point of information?
Mr. Temporary Speaker, Sir, it was a point of information because I know he himself cannot say it.
That is useful information but it does not qualify as a point of information.
Thank you Mr. Temporary Speaker, Sir. I also want to congratulate a Member of the Devolution Committee for the sound advice that he gave to the committee. I want to encourage this Senate to assist the Committee on Devolution to work on a legislative devolution conference which I am sure if we organize as Senators, we will be able to talk about the myriad legislative issues that we could do to remove us from issues that we have dealt with in the last one day. Mr. Temporary Speaker, Sir, I want to congratulate the Rugby Sevens team which made us a proud nation. We have seen their persistence in the game.For the last four or five years, they have been participating in these events and they have won everything; the Spool, the Wooden Plate and this time they came with the final trophy. It is worthy for us as Kenyans, to congratulate them for having done so. I also wish to support the Bill which is before the House and it is the best Bill which could have come about during this time. The life span of activities of a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Sen. (Prof.) Lonyangapuo.You may wish to mention that there are athletes in your county.
Mr. Temporary Speaker, Sir, I rise to support this Bill and tell you that we have many athletes that have migrated from West Pokot County to Nandi County. That is why Nandi and Elgeyo-Marakwet counties are a bit more famous than us. It is interesting that every other time an African nation excels, a new hurdle arrives. What is this thing called doping and where was it? I am a bit surprised because our athletes are natural, especially where I come from. When I look at the permanently slim lady called Tegla Loroupe who ran her whole life and you see her today, she still resembles the way she was. They never encountered doping. Mr. Temporary Speaker, Sir, when I read the Bill that there are some substances that have been banned that the athletes sometime take to enhance muscles, how do you just walk into a chemist and buy drugs? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Sen. (Prof.) Lonyangapuo, you have half a minute.
Mr. Temporary Speaker, Sir, I appreciate. Lastly, when the CEO disagrees with the board, he can easily be removed. We need to relook at Clause 18 (1) (b). Somebody should not be sacked just because he is at loggerheads with his board. I support.
Thank you, Sen. (Prof.) Lonyangapuo. There being no other interest to contribute on this matter, I now call upon the Mover to reply.
(Sen. (Prof) Kindiki): Mr. Temporary Speaker, Sir, I thank you and my colleagues from the Majority and Minority sides. Sports is a unifying matter in this country. Even as we seek national cohesion and unity, this is one of the areas that can help us form certain things that bind us together. I have listened to the useful remarks and comments that have been made. I take this opportunity to repeat and re-affirm the commitment that I made to my brother, the Senate Minority Leader and other colleagues who have given useful input that can improve this Bill. I will entertain, sponsor, process and support them in the future, but for now, we have to get this behind us. I am grateful and I do not take the cooperation that I have seen from my colleagues for granted. 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 is so granted.
Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT, the Senate adopts the Report of the Mediation Committee on the Statute Law (Miscellaneous Amendment) (No.2) Bill (National Assembly Bill No.33 of 2014), laid on the Table of the House on Wednesday, 30th March, 2016. I will not go through the entire Report because of brevity of time. The Statute Law (Miscellaneous Amendment) (No.2) Bill (National Assembly Bill No.33 of 2014) originated from the National Assembly. When it came before this August House, we noticed that the many Bills that were contained in that Bill touched on devolved functions, yet the National Assembly had not taken into account that fact. They included Bills such as The Agricultural Fisheries and Food Authority Act, The Livestock Research Act, The County Governments Act, The Urban Areas and Cities Act and The Land Adjudication Act. If you may recall, I stood on the Floor of this House and informed the House not to take that Bill casually. Every Committee was supposed to look at and examine those Bills and come up with recommendations on how the county governments’ interests can be taken care of in those Bills and many amendments were made. Mr. Temporary Speaker, Sir, in fact, I am pleased to inform you that all the amendments that the Senate proposed to take into account the devolved functions and interests of the county governments, particularly of the various boards established under those Acts were accepted by the National Assembly. Therefore, the National Assembly can agree with our amendments. The only amendment that we proposed and was not accepted by the National Assembly was the one relating to Transition Authority (TA). We had proposed that where the county government meets the criteria for the transfer of functions, the TA shall propose the programme to support and strengthen the capacity of that county government, which would be implemented by the National Assembly in consultation with the county government. That is the only amendment that was declined by the National Assembly, hence the need to appoint a mediation committee whose membership is listed in the Report. I do not have to read that out. 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, first, I congratulate the Mover of this Motion who is the Chairperson of the Committee on Legal Affairs and Human Rights for his able leadership. As part and parcel of the Mediation Committee, it was natural when we met, that all other lawyers - we are all lawyers except Sen. (Dr.) Khalwale - submitted generously and automatically to the leadership of the senior counsel. He did a fantastic job in leading us in so far as the mediation of this Bill is concerned. As Sen. Wako has said, the outcome of this Bill is what we had already debated here. There are very little new things that we can say were added to it because we had debated and passed it after making thorough amendments. Some of the salient features that people must know that we were dealing with were matters of land law, reorganizing the Urban Areas and Cities Act to give the definition of what a town or municipality is to become something that can be achieved. This is unlike the initial law that I was part of drafting which was more ambitious in terms of what a town or municipality was to be. This led to impossibility of designation of municipalities, towns and cities around the country. Mr. Temporary Speaker, Sir, as the Chairperson mentioned, the Transition Authority (TA) was rightfully overtaken by time. We agreed with the National Assembly on that. I do not think that there is any quarrel any more even for us who had a contrary opinion and believed that the TA need not continue beyond the transition period; this issue sorted itself out in so far as time is concerned. It is also important to note that the Agricultural, Fisheries and Food Authority Act was amended to give effect to what already exists in the separation of various roles within the Ministry of Agriculture, Livestock and Fisheries as parastatals but to also ensure that we have proper capturing of the roles of county governments in these institutions. We also have a very important amendment on the Crops Act which is very important for our brothers and sisters in Meru region in terms of designation of miraa as one of the crops. This will enable us to intervene. One of the things that made it so difficult for the Government to intervene on the miraa issue was the absence of its definition as a crop. That made it very difficult to give it allocation because it was not even under the administration of the Ministry of Agriculture, Livestock and Fisheries. It was just a plant hanging out there at the mercy of the farmers. 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 mediated version of the Bill as presented ably by Sen. Wako, the Senator for Busia. As my colleagues have said, a lot of input has gone into it. We sent a good calibre of individuals to the Mediation Committee. I beg to support. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I take this opportunity to congratulate the Mediation Committee and our representatives, chaired by Attorney General Emeritus, the Senator for Busia, my senior and friend, Sen. Wako. This culture of mediation has taken a bit of time to develop. Initially, we had so many issues when we had differences of opinion between the two Houses but now, it is very clear, beyond adventure that, in accordance with the Constitution, when the two Houses have differences of opinion, the only way is not grandstanding, threats or cajoling. It is to sit down, mediate and agree on a version. Mr. Temporary Speaker, Sir, I am also pleased to note that in the context of the mediated versions of Bills, so far, we have not lost any Bill. The law provides that if the Houses are not in consensus, the Bill is lost. That is a demonstration that the differences that occur do not occur out of trivialities. Secondly, it is a demonstration that the Members in the Committees from both Houses take our national duty as the legislators seriously. We do not want the efforts that have gone into the Bill to go to waste because of the small differences. May I say that the Statute Law (Miscellaneous Amendment) Bill is an important component especially to the people of Meru County. They have been struggling for a long time with the question of the classification of miraa . This Bill classifies miraa as a crop - notwithstanding what the Senator for Homa Bay said previously - this will be a duty on the Government to put resources like it does in coffee, pyrethrum, tea and coconut in order to also promote it. I am sure, today, the people of Meru County are happy. Mr. Temporary Speaker, Sir, I am speaking on behalf of Sen. Murungi who just walked out to attend to some issues. We agreed that I hold his brief. Soon, once the Bill is assented to, the people of Meru County will be hearing the plans the Government has in promoting miraa crop in accordance with the new law. This will bring to an end the long struggle that the people of Meru County have had in the fight for recognition of miraa as a crop and its promotion like any other crop in Kenya. I support.
Mr. Temporary Speaker, Sir, I support this Motion. I also congratulate the Members who represented this House in mediation. The issue of mediation is a constitutional matter. Sometimes, I observe that when Bills originate from the National Assembly, and to the Senate, there are instances in which Senators are hesitant to make significant amendments that will put us in a position that we have to mediate. One of the examples is the matter of the Division of Revenue. I recall that last year, there were issues when the Senators made proposals that went beyond what the National Assembly thought that the Senate was expected to do. The people of Kenya should know that when the Senate scrutinizes Bills from the National Assembly, it is doing so in furtherance of its constitutional duty. Mr. Temporary Speaker, Sir, one of the roles of the Senate beyond protection and defence of devolution, is to provide quality assurance. In many other jurisdictions, what comes from the other House has to pass through this House. Most of the Senate Houses 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. Can Sen. Wako confirm the allegations that you have made?
Mr. Temporary Speaker, Sir, I confirm that I addressed my county assembly last week. The Members of County Assembly (MCAs) and people from the county expressed their feeling that I should be the governor. So, I wanted to put an end to that speculation. I asked them why I should go for a lower job of being a governor for a county when I had been an Attorney-General for over 21 years. The only thing I can run for is the presidency and that is already occupied. So, I can only aim at the Federation of East Africa (FEA) and I stand by that. If it comes on my side, I will take it. So, I confirm that I said that.
Sen. M. Kajwang', proceed.
Thank you, Sen. Wako, because the next thing was the Chair to ask me to substantiate. Sen. Wako, I want to assure you that when and not if you run for that position, you will have my vote. That tells you something about the depth and breadth that sits in this House. I encourage my colleagues that even as we look at the issue of division of revenue which I know is still in our Order Paper, let us not be shy to propose amendments. Sometimes when we sit with our brothers and sisters in the National Assembly, we joke and they say that if we change anything in the Bills that come from their House, we shall not get our money for oversight. You can see that the approval of the Oversight Fund seems to be deliberately delayed to see how we will react and behave on the Division of Revenue Bill. The issue of mediation and the capability and ability of this House to have a second eye review on Bills coming from the National Assembly is a constitutional duty and we should not be shy away from that.
On a point of order, Mr. Temporary Speaker, Sir. Am I in order to request Sen. M. Kajwang' who comes from the same county with one of the fiercest critics of the Oversight Fund, hon. Milly Odhiambo who not so long ago enjoyed a whistle-blowing session with Sen. M. Kajwang' to use that comradeship to win us more supporters?
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Mr. Temporary Speaker, Sir, they say fire sometimes does not beget fire but ash. So, the fact that we come from the same county does not mean that all of us are made of the same component. However, I confirm the solidarity within the “ Firimbi Movement” of which the Member for Mbita and I belong to. I confirm that the “ Firimbi Movement” will be doing many things. I undertake that within the evening meetings of the “ Firimbi Movement”, I will mention this to my colleagues, so that they look at it kindly. Thank you.
Thank you, Sen. M. Kajwang'. Sen. Elachi.
Mr. Temporary Speaker, Sir, I also support the Report of the Mediation Committee and thank the team. We know that it has been a learning process for the past three years. I believe that the National Assembly understands why the drafters of the Constitution felt that mediation would be part of our process where you bond and learn from each other. In the mediation team, you will realise that everyone reasons the same. You will wonder why conflicts arise when we are in our respective Houses. Mr. Temporary Speaker, Sir, having said that, I also thank hon. Kajuju, Sen. Murungi, hon. Linturi and the whole team from Meru who stood very firm when the challenges facing miraa started in this country. They even travelled to Europe to petition that Britain assists in ensuring that the crop continues being exported there. Miraa has contributed a lot to our Gross Domestic Product (GDP). We need to support and ensure that there is a framework that will enable them to trade, not just abroad but they can also look at new places where they can trade. They can look to the East and see whether it can work. We can also now see other products coming out of the same miraa and not just chewing it. I believe that this is a product that can even give us juice. We also need to do more research and see how else it can be useful to us. Mr. Temporary Speaker, Sir, the only challenge that I face - I now throw it to the Senate - is the issue of oversight funds. We only have one year to finish our term and I think it is time for the Senate to let go off this issue. We need to go back to court. I do not believe in the Constituencies Development Fund (CDF) where you find that the revenue that is being shared is accumulated before you even share revenue from the counties. If, indeed, that is the fund for supporting national issues, then their revenue has to be driven from the national revenue after they have shared it. Therefore, it is only that Senators were being a bit diplomatic and sensible by saying that: “These are our brothers and they have had CDF for a while.” However, I think it is time for CDF to go. It is time the courts let us now finish the issue of legislators running funds. Let us all be equal and concentrate on our oversight role. This House must lead by example so that we do not have conflicts and abuse each other as we debate. It is time we did the right thing according to the Constitution. I hope the Attorney-General Emeritus, Sen. Mutula Kilonzo Jnr. and Sen. Murkomen will look at that draft, take it to court and allow us to close this chapter. Thank 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
On a point of order, Mr. Temporary Speaker, Sir. Is my neighbour, Sen. Elachi, in order to mislead the House talking about oversight? That, we should go back to our counties and oversight using our eyes, feet and hands; what do you mean? Oversight is a role and it is supposed to be funded for you to work and safeguard the people of Kenya. Could you clarify what you meant by: “Go back to our work?” This is not a kitchen.
Mr. Temporary Speaker, Sir, I meant that we should do what the drafters of the Constitution appreciated, that the legislative arm of Government will legislate without implementation as an executive role. I think they clearly defined what we are supposed to do. It is only that we have refused to go by that because we are the ones who amend and prepare laws. All I am saying is, when you look at how Members have just debated the Fund, you feel that it is time, as a legislative arm, to come out and eal with our legislative agenda. I support.
Thank you, Sen. Elachi. There being no other interest from Members to contribute on this matter, I now call upon the Mover to reply.
Mr. Speaker, Sir, in reply, I thank all Members who have gone the extra mile as required by our Lord Saviour, Jesus Christ, that, when you are asked to meet up to 6.30 p.m., go on up to 7.30 p.m. if need be but finish the work. So, I appreciate their comments and support. I would say that this mediation has shown the better side of the two Houses. It has shown that in most of the cases apart from those involving money Bills, when the matter is referred to a mediating committee, both sides have agreed in nearly all the cases. Common sense and reason have prevailed and there has been an agreement. Therefore, the better side of the National Assembly and the Senate is reflected in the number of the mediated Bills that have been successfully concluded. This draws me to another conclusion born by long experience that in this country, we have many problems which we all know. Therefore, it is like both sides agree that in mediation, common sense prevails and the professional side of us prevails, then we all agree in an amicable way in the same spirit. I am sure that if such an approach was done at the national level on the many problems that this country is confronting, particularly as we go to the next general election, our election laws will be in place. What do we do with the Independent Electoral and Boundaries Commission (IEBC)? What do we do with the Judiciary? Mr. Temporary Speaker, Sir, this requires that we sit as Kenyans and see the way forward on the crisis confronting the Judiciary and the IEBC. I speak here because we have heard the reasonable voices outside us commenting on these issues. We have heard the churches commenting on these issues. Both the protestants and the Roman Catholics have been united on these issues yet we as the leaders of this country who are supposed to provide the solutions still sit in acrimony. A way must be found. Mr. Temporary Speaker, Sir, using this example that you have seen, Parliament will quarrel and when it comes to a mediated thing, we sit down and reason prevails. I am 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, do wish to make an application, pursuant to Standing Order No. 54 (3)?
Yes, I wish to make an application, Mr. Temporary Speaker, Sir. Mr. Temporary Speaker, Sir, I move:- “That the vote be deferred to tomorrow pursuant to the relevant section of the Standing Order”.
Sen. Wako, your application is made pursuant to Standing Order No. 54 (3) requesting for the deferrement of the putting of the question to tomorrow.
Thank you Mr. Temporary Speaker, Sir.
Hon. Senators, that marks the end of our business for today. The Senate stands adjourned until tomorrow Thursday, 21st April, 2016 at 9.30 a.m. The Senate rose at 7.00 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