Hon. Senators, we have a Supplementary Order Paper. So, I request that you switch to it.
Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, pursuant to Standing Order No. 178 and 183(3), the Senate approves the following Senators to be Members of the Senate Business Committee:- (1) Sen. Moses Wetangula - Minority Leader; (2) Sen. James Orengo - Deputy Minority Leader; (3) Sen. Mutula Kilonzo Jnr. - Minority Whip; (4) Sen. Petronilla Were; and (5) Sen. Ledama Olekina APPROVAL OF SENATORS TO THE SPEAKER’S PANEL
Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, pursuant to Standing Order No. 17, the Senate approves the following Senators to be Members of the Speaker’s Panel:- (1) Sen. (Prof.) Margaret Kamar; (2) Sen. Steve Lelegwe Ltumbesi; (3) Sen. Rose Nyamunga; and (4) Sen. Cleophas Malalah Wakhungu. I thank you, Mr. Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Hon. Senators, let us start with requests for statements. DELAYED COMPENSATION FOR PERSONS DISPLACED BY THE MANOONI DAM PROJECT Hon. Senators, since the Senator for Makueni, Sen. Mutula Kilonzo Jnr. is not in the House, we defer the Statement.
Thank you, Mr. Speaker, Sir. A few weeks ago, I wanted to make a Statement on Elimination of Gender Based Violence (GBV). That was on the 25th of November, which is the International Day for Elimination of GBV mostly against women and anybody that is perceived to be vulnerable or has a different sexual orientation. Even though this has been overtaken by events, it is important for this House to not let it pass. Therefore, pursuant to Standing Order No. 46 (2) (a), I would like to still go ahead and make this Statement. This statement is, of course not only of general topical issue, but it also seeks to create awareness not just in this House, but to Kenya at large. It also seeks to address GBV and support international and local actions against GBV. Mr. Speaker, Sir, 25th November is dedicated to elimination of GBV around the world. It is important that this House does not just let it pass, even though, unfortunately, I did not issue the Statement on time. The United Nations (UN) started a campaign for 16 days called – it was called “16 Days of Activism against GBV” which was basically to create awareness and to bring attention to the issues around GBV. With this Statement, I would like to revisit a little bit the issue of the definition of the GBV. Sometimes, it is thought that GBV is just physical, but it is a lot more than that. GBV, as defined by The United States Agency for International Development (USAID), is basically any harmful threat or act directed at any individual or group based on actual or perceived biological sex, gender identity and/or expression, sexual orientation and/or lack of adherence to varying socially constructed norms around masculinity and femininity. It is rooted in gender inequalities, patriarchy and power imbalances. This is why this House, as a powerful House, must understand what really constitutes GBV. As we know, GBV is as much sexual violence and a power tool, just like any other tool. 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! Under Standing Order No. 46, you only have 10 minutes. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
I am done, Mr. Speaker, Sir. So, basically, the call to action for this Senate is this; do we amend existing laws to make them more effective? Clearly, even with this long list of laws, the women and children, the boys and girls continue to suffer GBV. Do we come up with other policies that instill a culture of zero tolerance? Do we stimulate country level conversation focused on addressing the barriers that the women, children – boys and girls – face? How do we play a role? This is exactly what this Statement is about. In highlighting our commitment, preventing and responding to gender based violence, how do we strengthen efforts of our Government and stakeholders to face up to this? My call to action, therefore, is for Senators to: i. Understand what it is, know who it affects and intervene. Senators can act through legislation, policies and institutions and find other innovative ways to help prevent and address gender based violence; ii. Listen to the experiences of others; iii. Support survivors; and iv. Look at other ways in which we can add our voice. Mr. Speaker, Sir, I thank you for giving me this opportunity to highlight and not let this House just let such a huge 16 days of activism pass without us saying anything about the issues of gender based violence. Again, as I said in this House before, in any situation, there is always the victim, aggressor and the bystander. What I appeal at every opportunity to the House is not to be a bystander but prevent gender based violence so that we have pre-emptive measures to support. I thank you.
Thank you. Let us now move to Statements to be issued. Let me call upon Sen. Khaniri. UPSURGE OF ROAD ACCIDENTS IN THE COUNTRY
Mr. Speaker, Sir, thank you for the opportunity. I rise pursuant to Standing Orders No. 46(2)(a), to make a Statement on an issue of general topic of concern – the upsurge in incidences of road accidents in the country. First, I wish to register my condolences to the families, across the country who have lost loved ones to road carnage in the recent past. More specifically, to the Oguso family of Mahanga village and Mahanga Friends Church in Vihiga County, who lost 16 members in one accident and nine from the same family on Monday night, 11th December, 2017. It pains my heart to lose nine members of the same family in a single accident. I promise this family that I will stand with them during this period of grief and mourning. One of the many striking features and changes in public transport in Kenya were the “Michuki Rules” which, among other measures, ensured Public Service Vehicles (PSV) were fitted with speed governors, functioning seat belts, uniforms for PSV crew and discouraged overloading. These measures, though considered radical at the onset, 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. Wetangula, you may take the Floor.
Thank you, Mr. Speaker, Sir, for the opportunity to also send my heartfelt condolences to the families and friends of those who have lost lives in road accidents. One of the papers today says we lost 72 lives in 24 hours. In particular, the accident that occurred in Kamukuywa bridge in Bungoma, my county, where a family and close family friends from Vihiga County, Mahanga Village, coming from a very hearty visit to their daughter married in trans Nzoia, met instant death because of recklessness on our roads. From information available, a sugarcane ferrying truck had rolled on the road. There was no sign or reflector placed anywhere to indicate that there was danger ahead and this Nissan matatu rammed into this track and there was the tragedy. We are losing too many lives on our roads. As I send my condolences to the families and friends of those who perished both in Bungoma County and Salgaa, I join what the distinguished Senator for Vihiga County has said and even go further; the owner of that truck and the driver – more particularly, the driver because I do not think the owner is vicariously responsible in a situation like that –is a candidate for a charge of homicide. I do not want for us to see that that truck driver will be arraigned in court with dangerous parking or careless driving. Such a person is not any different from criminals who butcher people every other day in the inner cities of our country. Losing eight members of your family, leave alone one, is not an easy thing. I saw this gentleman yesterday on television and it was something to behold. Of even particular importance to note, is the accident at Salgaa where NTSA were chasing a truck on the highway in a manner that you see in Hollywood movies. If a truck had passed a road block, one would expect common sense that they can call the next road block and tell them that there is such a tuck coming, stop it. They were chasing a truck and in a state of panic, the truck driver ripped off vehicles, terminating lives instantly. Today, I saw the Chief Executive Officer (CEO) of NST--- Whatever it is called. No wonder, I cannot even remember it because it is not functioning. I saw him justifying the act of his officers. A person like that, if he cannot reconsider his position, should be sacked, forthwith, because he is unable to handle the docket that he has been given to do. I urge the courts to be very tough on dangerous drivers, the police to act prudently, diligently and with speed to bring such drivers to book and take them to court. In comparable jurisdictions, a driver like that is given no opportunity to drive ever again. His licence must be cancelled and should never be considered to be put on the road to drive again. That is part of the punishment that such people get so that we learn that every choice, intended or unintended, has serious consequences. Let me finish by urging the Government --- I saw yesterday the President decrying accidents. The duty of the President is not to decry; it is to act. We want to see 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, this was a personal statement. Sen. Wetangula has expressed his sentiments on behalf of the rest. Hon. Senators, we also have very interesting Motions which will require Division. Therefore, I direct that we move on to Order Nos.10, 11 and 12 before we come back to the Statements.
On a point of order, Mr. Speaker, Sir.
Sen. Wetangula, what is your point of Order?
Mr. Speaker, Sir, I do not know if the Chair has guided the House in terms of alternate or proxy votes in delegations. We have a precedent from the previous Speaker that each head of delegation must write 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.
Thank you, Sen. Wetangula. I received signatures from all sides of the political divide. Therefore, we are well constituted and ready for the voting. Can we start the voting? You have one minute each. The voting is on. Any Senator who may need to be assisted to vote, please, come forward. That is if you are unable to log in.
Hon. Senators, this is a matter affecting counties. Just in case you had forgotten, those who are not heads of delegations are not supposed to vote. If you are two or three from one delegation, then there is the head of the delegation who is supposed to vote. You do not have to vote if the head of the delegation is here because they are supposed to vote. In this case, we have three Senators who voted by mistake or it could be that somebody used the card for Sen. Adan Fatuma Dullo who is not here and we also have Sen. Makori Beatrice Kwamboka and Sen. (Rev.) Waqo Naomi Jilo having voted. So, the votes are null and void. Having said that, the valid votes are as follows:
Hon. Senators, the results of the Division are as follows:
Hon. Senators, we are now proceeding to vote. You have one minute. Those who need to be assisted to vote to come forward.
Order, Members! Again we still have the same problem. I repeat, if you are not head of delegation or you have not been designated, please do not vote. In that regard, we had Sen. Haji Farhiya Ali and Sen. Nyamunga Rose voting. So, these are the results:-
Voting starts now; I give you one minute. Assisted voters should come forward.
Hon. Senators, the results of the division are as follows:
You can open the door and draw the bars.
Order, Members! We will do Order Nos. 8 and 9 and come back to Statements.
Mr. Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to Standing Orders 178 and 183 (3), the Senate approves the following Senators to be Members of the Senate Business Committee:- Sen. Moses Wetangula - Senate Minority Leader; Sen. James Orengo - Deputy Senate Minority Leader; Sen. Mutula Kilonzo Jnr. - Minority Whip; Sen. Petronilla Were; and, Sen. Ledama Olekina. Mr. Speaker, Sir, if you remember sometimes about a month ago - I cannot remember the exact date - we brought the names of persons who were serving in the Senate Business Committee from the Jubilee Party side. At that point in time, the Minority side had requested you for time to consult before participating in the Senate Business Committee. Finally, except, of course, those who are provided for statutorily, that is, the Senate Minority Leader, Sen. Wetangula and the Minority Whip, Sen. Mutula Kilonzo Jnr., the others would not have found a way of attending Senate Business Committee meetings without the approval of this House. Therefore, these names are coming to ensure that the business of the House runs smoothly. Even as we go to the long recess, the Senate Business Committee will be playing a key role in preparing the business of the House when we come back. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, as I second, may the distinguished Senator for Elgeyo-Marakwet be advised that traditions of this House are not according to me, the Senator for Bungoma County, but the practice of the House and that is what it is. This Motion does not require any serious debate. It is a list from the side that I am heading. I hope that as they take their duties in the Senate Business Committee, good sense will prevail upon our colleagues on the opposite side that embracing bipartisanship in doing our business will be more helpful than engaging in confrontational and unsolicited jibes on the Floor of the House. I second.
Mr. Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to Standing Order 17, the Senate approves the following Senators to be Members of the Speaker’s Panel:- 1. Sen. (Prof.) Margaret Kamar; 2. Sen. Steve Lelegwe Ltumbesi; 3. Sen. Rose Nyamunga; and, 4. Sen. Cleophas Malalah Wakhungu. Mr. Speaker, Sir, again, about three months ago we tabled names for persons to serve in the Speaker’s Panel. At that point in time we said that they would serve temporarily until the bigger picture was going to be established in so far as who would be placed in what Committee. Therefore, Sen. (Prof.) Kamar and the Deputy Majority Whip, Sen. Kang’ata, served temporarily for the period that I have indicated. However, having consulted the Senate Minority Leader, we now have a full picture of the leadership of both sides. We The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I second the Motion. In doing so, I want to encourage those who have been given the privilege to serve on the Speaker’s Panel to realise at all times that when they sit on the Chair of the Speaker, they temporarily cease being Members of either side of the House and preside over the proceedings of the House without fear, favour or prejudice. Mr. Speaker, Sir, in choosing our two representatives, we have carefully examined their backgrounds and their professional standing. Sen. Nyamunga is a lawyer and is in her second term in Parliament, having served the first term in the “Lower House”. I have no doubt that she will discharge her responsibilities fully. Sen. Cleophas Malala was the Deputy Speaker of the County Assembly of Kakamega before he was kicked upstairs to become a Senator and I have no doubt that with that experience, he will also assist you in presiding over the proceedings of this House. Sen. (Prof.) Kamar is not new to all of us; she is very competent, conscientious and does not carry the narrow-minded blinkers of ethnicity and other political parochialism. She is definitely going to do a very good job. I have very little to say about the gentleman, Sen. Lelegwe, but I have no doubt that those who picked on him must have also made the same considerations. I am told he was the Speaker of Samburu County Assembly so he also brings some degree of experience from his background. As I finish, I want to encourage the speakers who will be assisting you. In the last Parliament, we had one or two Members of the Panel – unfortunately one came from the side that I lead – who was extremely draconian every time he sat on the Chair. We hope that these two ladies and gentlemen will conduct themselves with absolute decorum befitting of the “Upper House” of Parliament of the Republic of Kenya. I beg to second. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir I rise pursuant to Standing Order No 46 (2) (b) to seek a Statement from the Senate Majority Leader on the delayed compensation for persons who were displaced during the construction of Manooni Dam- Makueni County. The Senate Majority Leader should in the Statement: a) State the size of land acquired/taken for construction of the said dam. b) State the number of people whose land was acquired to pave way for the project in 1984 and the acreage thereof. c) State whether the members of the public from the area were consulted before the land was acquired. d) Explain the reasons why persons whose land was acquired to pave way for the project have not been compensated to date. e) Give reasons why the dam has never been utilized by the local community since its construction. f) State the reason the Ministry of Water and Irrigation has not allocated any funds for desilting or expansion of the dam.
Mr. Speaker, Sir, out of observation, the Jubilee Government is doing a lot of work in Makueni. The requests that Sen. Mutula Kilonzo Jnr has sought about dams, for example, Thwake Dam and others, I wish there were these numbers of projects in my county. Sen. Mutula Kilonzo Jnr. should give us time to answer one after the other because we have Thwake and others. Honestly, if you see the list that is there today, the Senate Majority Leader has been overwhelmed in terms of getting these answers. This is just out of abundance of generosity because the Standing Orders do not state that it is the work of the Senate Majority Leader, but since the business of the House needed to move, we have been doing so. I request, with your great permission---. Tomorrow, we are tabling the names of all the Committees and, hopefully, we will approve them. I request that these questions be committed to the relevant Committees and they come back with an answer the first week after we come back from recess.
Mr. Speaker, Sir, since I am part and parcel of the people constituting Committees, I have no problem since, we will not suffer the delay 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. Murkomen): This is a very long Statement. I am sure the Senator has the copy and has read it. Should I read it?
Sen. Murkomen): Mr. Speaker, Sir, the response is as follows:- (1) The difference between the Inua Jamii programme and the Older Persons Cash Transfer Programme .
Cash Transfer Program is a brand name for the four cash transfer programmes implemented by the Government as part of the overall social protection intervention through the non-contributory social assistance for the most poor and vulnerable citizens. The vulnerable category targeted under this program are the elderly persons with severe disability, orphaned, vulnerable children and populations experiencing drought and famine in four northern and north eastern counties in Mandera, Turkana, Wajir and Marsabit. The programmes that are implemented in the State Department of Social Protection in the Ministry of East Africa Community, Labor and Social Protection are: i) The Older Person’s Cash Transfer Programme. ii) Cash transfer for orphans and vulnerable children. iii) Persons with severe disabilities cash transfer. iv) The Hunger Safety Net Programme The fourth one is implemented by the National Drought Management Authority in the State Department of Special Programs under the Ministry of Devolution and Planning. The composite budget for the three Inua Jamii programs in the Ministry of East Africa Community, Labor and Social Protection for financial year 2017/2018 is as indicated in the table below.
Sen. Mutula Kilonzo Jnr., do you want to react to that?
I will allow the Senate Minority Leader to have a go first.
Fair enough. Sen. Moses Wetangula.
Thank you, Mr. Speaker, Sir. I have listened to the answer by the Senate Majority Leader. Could he clarify - and if he does not have the information now, he can bring it later – a tabulated list of recipients of these social safety net funds in each county broken down to each sub-county so that, as representatives of the people in the counties, we can be able to tell who are getting these monies? Second, this House has been treated before to answers on these social safety net funds and the Internally Displaced Persons (IDP) resettlement funds. It turned out that the bulk of the money ends up in the pockets of the bureaucracy and not the intended recipients. Could the Government consider devolving these funds after carrying out a proper census of the eligible recipients so that the disbursement of these funds is administered at the county level by the county governments where it is easier for members who qualify where they are left out, they can go to their county headquarters and lodge claims or complains, whatever may be the case?
Sen. Mutula Kilonzo Jnr., the Floor is yours.
Thank you, Mr. Speaker, Sir, allow me to refer to page two of the schedule that the Senate Majority Leader has presented through the Cabinet Secretary, Category No.1 - Older Persons Cash Transfer. Those are people above 65 years. There is a note under the schedule …
Order! The Senate Majority Leader, please, listen to what is being raised.
Mr. Speaker, Sir, the Cabinet Secretary says that in the revised budget for 2017, an additional of Kshs6.5 billion was allocated to cater for the enhanced cash transfer for older persons aged 70 years and above. This is the confusion. There is a criterion for OPCT above 65 years. During the period of elections, the Cabinet Secretary was doing another one of 70 years. In this one, the category of eliminating the persons who were either poor or who do not have somebody who earns in the category of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, those are very valuable questions. The question by the Minority Leader that all the beneficiaries of the programme should be provided per county or constituency is necessary. The best thing is for the Committee on Labour and Social Welfare, which we will inaugurate tomorrow, to call the Cabinet Secretary for East Africa Community, Labour and Social Protection to come here so that Members can ventilate on these issues. I cannot pretend to know the number of people who get this money from Elgeyo Marakwet County. We need to have that list. As a follow up, let us channel this to the Committee on Labour and Social Welfare so that they can take up the issue. On the issue of 70 years and above, this could be merged together with what Sen. Mutula Kilonzo Jnr. said. Why should someone travel to go and collect their money from very far? Similarly, why can these funds not be administered at the ward level, so that the social funds managers at the county level are responsible for disbursing this money? Further, why should people go to the bank when we generally have mobile cash transfer systems? I must be honest to say that some elderly people of 70 years and above cannot operate a mobile phone and, therefore, they fall prey to fraudsters and specifically to family members. There are family members who are fraudsters. That has necessitated the requirement. Therefore, my suggestion to this is that the Ministry should have a mobile payment system. Once a month, someone should go around on a motor bike and pay the elderly in a particular center instead of 50 elderly people paying for transport to go to Kapsowar from Embobut. 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. Murkomen. Let us move on to the next Statement. STATUS OF KAREBE GOLD MINE COMPANY LTD IN NANDI COUNTY Senate Majority Leader, you are to issue a statement on the Status of Karebe Gold Mine Company in Nandi County. The Senator is not here. So, I will defer the statement.
Mr. Speaker, Sir we defer generally because the Senator read the Statement and said he still has some follow up issues before it can be brought here. So, he requested - or we could say he “stood it over” generally.
The statement is deferred.
Senate Majority Leader, you are to issue another Statement on the Thwake Multi- Purpose Dam Project. COMPENSATION FOR PERSONS AFFECTED BY THWAKE MULTI-PURPOSE DAM PROJECT
Mr. Speaker, Sir, this is a letter written by the Minister for Water and Irrigation. It sates as follows:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Thank you Mr. Speaker, Sir. My concern at the time of asking this question was on the payment by installments. Perhaps, a minute to explain; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, Sen. Mutula Kilonzo Jnr. has raised very important issues, which can be part of the follow up to the question. Most importantly, the compensation list should be public so as to avoid possibilities of those people having been told that they will be given Ksh.1 million, but the records indicate Ksh.10 million. As a matter of right, the National Land Commission and the Ministry should publish the names of those people and the amount paid to them. It can be a basis for establishing the truth, if there was someone who received the money, yet the other family members are not getting it. I totally agree. In the follow up to this question, we will write to the Ministry to ask them to give the details of those who have been paid. We will ask the Committee to follow up from there.
Mr. Speaker, Sir, in the follow up, could the Senate Majority Leader also consider a policy shift? I can give you an example of Nzoia Sugar Company. In the old days when the Government decided to take 12,500 acres of land from the nucleus on Nzoia, it went to Trans Nzoia, purchased an equivalent parcel of land or thereabout and resettled families. The danger of cash compensations is that it has created the so-called Internally Displaced People (IDP’s) in some areas. The heads of families take money, abandon their families, go and squander the money, then come back to squat on the roadside or behind a shop in a local market, in the same area. They then emerge every time when there is stock The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, again, I totally agree with the Senate Minority Leader. I have witnessed that. About Kshs2.8 billion was used to compensate squatters in my location in Embobut Forest. Everybody was getting about Kshs400,000 and there was madness in the area. Half or a quarter of the people went on to marry other wives, while others went drinking. Some bought motorbikes thinking that they had now become rich, but could not repair them thereafter. As a matter of policy, when I am fighting for compensation of the people of Elgeyo-Marakwet, I will not accept a situation of payment of cash. This is because it will render so many people homeless. The Committee should lead us towards amending the relevant legislation for us to give directions. As a matter of priority, compensation should be an equivalent land; land for land. The rest can then be negotiated, though with certain exceptions. We need to think through this. This is an issue that should go to the Committee. I know of other equivalent projects taking place in my County. My people are already saying that they do not want money. They just want an equivalent land and some amount for relocation. That is well taken. We should escalate it to amending the relevant legislation.
The Senate Majority Leader to issue a Statement on alleged dumping of asbestos in Kikumbulyu Ward, Kibwezi West in Makueni County. ALLEGED DUMPING OF ASBESTOS IN NGULU- KIKUMBULYU, MAKUENI COUNTY
Mr. Speaker, Sir, we wish to request for additional time for us to bring the answer to that question. The answer has not been availed to us at this point.
Mr. Speaker, Sir, I have no problem. This is because I have seen correspondence from your office where you have been reminding the Ministry to send the responses. Maybe, you can send a last reminder before we come back from the recess. This is a very important issue for the people of Kikumbulyu North. We do not expect to have poisonous substances dumped in our area without following the law.
Thank you. The Senate Majority Leader to issue a Statement on spillage of substance in Thange Area, Kibwezi East Constituency in Makueni County. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I wish to request that we defer the answers to questions from (e) to (n) for an addition of two weeks to be able to bring the answers to the House. STATUS OF OIL SPILLAGE AT THANGE, MAKUENI COUNTY DELAYED COMPENSATION FOR PERSONS DISPLACED BY MULIMA DAM PROJECT KETRACO SULTAN HAMUD-MWINGI HIGH VOLTAGE POWER LINE PROJECT STATUS OF INCLUSION OF PWDS IN THE PUBLIC SERVICE ALLEGED ABUSE OF HUMAN RIGHTS OF PWDS MAINSTREAMING OF LEARNERS WITH DISABILITY IN THE EDUCATION CURRICULUM ALLEGED SHOOTING OF LIVESTOCK BY SECURITY OFFICERS IN LAIKIPIA COUNTY DISPLACEMENT OF SAMBURU PASTORALISTS IN LAIKIPIA COUNTY STATUS OF LAND OWNED BY THE ADC IN LAIKIPIA COUNTY STATUS OF INSECURITY IN NGOMENI WARD, MWINGI NORTH CONSTITUENCY IN KITUI COUNTY
Yes, Sen. Wambua.
Thank you, Mr. Speaker, Sir. I take note that the Statement that I had sought lies within the questions that Sen. Kihika is seeking to defer. That Statement has been on the Order Paper for more than a month. It is a security situation where people are losing their lives. I do not know what the difficulty is to provide the answers to the questions that we have raised. I stand to seek guidance from the Chair whether we should really continue deferring this question or not. If the Cabinet Secretary (CS) in charge of security is unable to deal with this matter, then I would request that the House, through your guidance, would find authority in some Standing Order to order either for the establishment of an ad hoc Committee to deal with this matter or require that the CS and the Inspector-General of Police avail themselves to respond to this matter. 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.
Let us hear from Sen. (Dr.) Musuruve, and then you will respond to all of them.
Thank you, Mr. Speaker, Sir, for the opportunity you have given me. I would like to just emphasise that it is important for the Senate Majority Leader to realise that issues of disability are issues of great concern. Most of the time, persons with disabilities (PWDs) are ignored and when this happens, the cyclic nature of poverty will continue with their lineage. We are in an age where we are talking about mainstreaming of PWDs and you can imagine between 10 to 15 per cent of the population being mainstreamed. The issue of poverty will still continue in the lives of PWDs. I also want to say that the issue of abuse of PWDs is still continuing even right now. If you just drive along Uhuru Highway, you will see PWDs being abused. So many of them are being dumped on the streets to beg and do other things. So, this is an issue that really needs to be addressed. On the issue of the new curriculum, as we are speaking, it is being rolled out. It is important that we get to know whether the Ministry of Education has done anything in terms of piloting for mainstreaming of leaners with disability in the school curriculum. This is because, at the end of the day, if a pilot has not been done, the learners will still continue to be disadvantaged and when they finish the many years in school, they may end up not getting jobs. Therefore, I want to say that through the Chair, kindly insist that the relevant committees or the relevant authorities address these issues of disability. I want to thank you because I know that you are a great friend of PWDs and there are many people who are friends of PWDs. So, kindly intervene on this matter that is of importance to the lives of PWDs that form between 10 to 15 per cent of our population. We cannot afford to ignore that group of our population if we intend to move ahead and develop. Remember - I am bringing it to this House - when we are talking of Sustainable Development Goals (SDGs) and Millennium Development Goals (MDGs), it is anchored on the slogan of “Leave no one behind”. I want to say in this House that we need to really address issues of PWDs because we do not want to leave them behind. Thank you.
Yes, Sen. Mutula Kilonzo Jnr.
Mr. Speaker, Sir, I have four statements that have not been answered. First, I sympathise with Sen. Kihika of Nakuru County. This is what started in the last Senate. They started by delaying for two weeks, it went to four weeks, then two months and there are Senators who left this Senate in the last Session without receiving their responses for the questions they had requested for. Secondly, I agree with my colleague, Sen. Wambua, that there are certain matters particularly on security that even if a Statement is not issued in this House, there should The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Yes, Sen. Olekina.
Thank you, Mr. Speaker, Sir, for giving me this opportunity to comment on this delay of Statements. I am not sure if Sen. Kihika has requested to defer Statements up to (n). I was earlier informed that one of my statements was ready. When I look at these statements from (e) to (n), it means that she would not read all the other statements. Secondly, I would like to insist that prior to issuing a Statement, we should be given advance copies so that at least we interrogate the answers because we know as soon as the Statement has been issued, that is the end of it. Therefore, I would really like to request that you instruct the Senate Majority Leader to ensure that the Members requesting Statements are given Statements prior to, so that they can get the information. Thirdly, I know the delay in issuing Statements is partly our fault in the sense that we have not established the Committees, but given that this country has various Ministries and all the Senate Majority Leader has to do is to communicate to those Ministries, that should not be an excuse as to why we cannot get answers. We are now about to go on recess. I raised a Statement based on the issue of the killing of cows in Laikipia and the compensation of those herders, but I have not gotten those replies. I know one herder whose wife was admitted in a hospital and later passed on. Now that we are going for Christmas holidays, these people do not have answers from their Government, from this House and their leaders, which puts us in a very awkward position. I want to echo the words of the distinguished Senator for Kitui County, Sen. Wambua; that it is imperative that we care about the people we represent. Therefore, I would like to request that you direct that all these Statements that we requested be forwarded to the relevant committees. I know we are coming back from The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I join the distinguished Senator for Narok County in urging those responsible for bringing answers- -- There are certain issues where we can use the lack of committees as an excuse but where the loss of human life is involved, it is not a question of a committee. Human lives have been lost in very callous circumstances. In this particular case, people were butchered. This is a situation where issues of committee or no committee do not matter. In fact, the majority leadership should have taken not more than a week to bring an answer to this House because we lead people and not trees or wildlife. It is the people of this country that matter. I urge that you should not encourage this. It is fine that we are forming committees, but we should not use the lack of committees not to address issues of loss of lives either through banditry, police recklessness or now road carnage that we are seeing running away completely without anybody checking.
I direct that all those questions be put to the relevant committees. Like the Members have said, those who are going to head the committees should take matters of security seriously. We should not allow a situation where you come to explain yet people are dying. We want you to take matters of security very seriously as a House. We would like to get responses promptly when they are sought by honourable Members. So, I direct that the questions be put to the relevant committees and when we come from recess, we will need answers as requested.
Next we will have the Senate Majority Leader issue a statement on the status of female prisoners and children held in prisons and remand facilities in Kenya. STATUS OF FEMALE PRISONERS AND CHILDREN HELD IN PRISONS
Mr. Speaker, Sir, I rise to respond to the question on the status of the female prisoners and children held in prisons and remand facilities in Kenya. We have a total of 2,543 prison officers. Out of this number, 2,322 are female officers while 221 are male officers. Our department upon recruitment of new staff takes them through The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order, Madam Temporary Speaker.
There is a point of order by Sen. Kwamboka.
Is it in order for me to get the response itself so that I go through it as she responds because I do not have a copy?
What happened? She should have been served with a copy!
Sen. Kwamboka, I think we should defer that question to a later date.
Next! STATUS OF KENYA REGARDING THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION
Madam Temporary Speaker, I rise to respond to the questions raised by Sen. Halake on the position of Kenya on the Hague Convention on the Civil Aspects of International Child Abduction. Allow me to inform this august House that I am aware of the Hague Convention on the Civil Aspects of International Child Abduction on a Multilateral Treaty concluded under the Hague Conference on Private International Law on 25th October, 1980. It entered into force on 1st December, 1983 and as of 2nd August, 2017, there were 98 states party to the Convention. The Convention seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return. The primary objectives of the treaty are: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order, Madam Temporary Speaker.
There is an intervention by Sen. Halake. Sen. Kihika, you can have your sit temporarily.
Madam Temporary Speaker, what is being read is what is in the public domain that is known about the Convention. My interest was not in learning more because I know quite a lot about the international convention on the rights of the children. I just wanted to know why our country would opt out of that right for our children. They should just give us the answer right away as opposed to repeating what is in the statement itself.
Yes, Sen. Kihika.
Thank you, Madam Temporary Speaker. In responding to the question, I would like to say the Senator is aware of the background. Therefore, I would seek your indulgence to skip the background that forms part of the answer. Kenya is a State party to the United Nation Convention of the Rights of the Child (UNCRC) which provides that the children have the right to maintain personal relationships and direct contact with both parents on a regular basis. In accordance with Article 2(6) of the Constitution of Kenya 2010, any treaty or convention ratified by Kenya becomes part of the laws of Kenya. In this regard, the UNCRC and the African Charter on the Rights and welfare of the Child are part of the laws of Kenya. Further, the Constitution of Kenya 2010 has a progressive Bill of Rights that includes the rights of a child. Article 53 of the Constitution provides that the principles of the best interest of the child shall be of paramount importance in every matter concerning the child. To fully realise these undertakings, the Government has also enacted the Children Act 2001 that incorporates the international conventions of the rights of the child 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.
Thank you, Madam Temporary Speaker. I am very disappointed with the answer because it did not answer the question that was requested for in the statement. It went on, winded and described what local courts can do. The idea of having ratified or being a signatory to an international convention of that nature is so that you have a right to deal bilaterally with other countries as a country and bring our children back. However, what is being described here grossly does not answer a single question that was put. The question was very simply; why is Kenya not a signatory to an international convention that protects our children that are not in our jurisdiction? What were described in the answer were local arrangements that would never help the mothers and fathers whose children have been abducted. All those arrangements that have been described do not answer the question. The question is very simple. Why is Kenya not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction? Why are we opting out of this international convention that would protect our children? Why would a country do that and, instead, put in place other systems that would not hold water outside of a jurisdiction? So, that answer did not do anything. There was one answer about the Cabinet Secretary. We do not want to be at the mercy of a Cabinet Secretary helping us. We want our laws and the country to be signatory to that. So, even as a mother whose children have been removed, you do not have to be at the mercy of the Cabinet Secretary who will act as he sees fit. To me, that was not answered at all. I am not convinced that Kenya has done its best to protect its children that are outside the jurisdiction. I know these things may look far-removed, but it is a reality. A mother whose children were taken to Australia came to me and she could not afford to get anything. So, what were given are local arrangements that will not serve on the international jurisdiction. I beg to have comprehensive answers to this question because it was not answered at all.
Madam Temporary Speaker, the Senator’s concerns are noted. We shall be requesting the Ministry of Foreign Affairs and International Trade to do better in answering her question. We would request additional time to get that answer back.
Anymore response, Sen. Halake, in terms of time?
Madam Temporary Speaker, as we put that to the Ministry, my question is: Do they really intent to do it at all? Is the usefulness of that convention in their judgment, irrelevant? It would be interesting to know because they did not mention that they are either looking into it or why the country would opt out of it. That would be of interest to me.
That is noted. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
The Senate Majority Leader is meant to issue a statement on the alleged delay by the National Treasury to release funds to county assemblies.
Madam Temporary Speaker, I wish to request for an additional two weeks to get this Statement.
The Member who requested the statement is not around. However, that is appropriate.
Hon. Senators, I defer Orders No.13-15 to tomorrow since the Movers are not in the Chamber.
Hon. Senators, there being no other business, the House stands adjourned until tomorrow, Thursday 14th December, 2017 at 2.30 p.m. The Senate rose at 4.55 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.