Hon. Senators, I hereby report to the Senate that a petition has been submitted, through the Clerk, by the Governor of Kisii County, Hon. James E. O. Ongwae, for variation of the boundaries of Nyangweta Forest in South Mugirango Sub-County, Kisii County. The Petition is submitted pursuant to Section 34 of the Forests Conservation and Management Act, No. 34 of 2016, which outlines the procedure to be followed in varying the boundaries of or revocation of a public forest, as well as the factors to be considered in arriving at such a determination. In the present case, the Petitioner prays that the Senate approves the proposed variation of the boundaries of Nyangweta Forest in South Mugirango Sub-County, Kisii County, by excision of 120 acres thereon to avail land for establishment of a Complex comprising:- (a) A sugar production plant; (b) An ethanol production plant; and, (c) An electric power generation plant. The Petitioner indicates that the County Government of Kisii has entered into a Memorandum of Understanding with an investor for development of the said Complex, and has since obtained the following approvals and licenses:- (i) Approval by the County Assembly of Kisii; (ii) Environmental Impact Assessment (EIA) License from the National Environment Management Authority (NEMA); (iii)Approval by the Kenya Forest Service (KFS); and (iv)Approval by members of the public through various stakeholder engagement forums. 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, for ably putting it to this Senate House that the setting aside 120 acres for Nyangweta Forest is not done blindly. They have done a very clear survey. They had a public engagement and people’s participation who agreed that the only industry that can uplift the economic activities of that section can be done through the establishment of the sugar industry. A question may be posed why 120 acres and you leave only 18 acres for the forest. I want to put it to the Senate that we have more than compensated for this setting aside of the 120 acres. The county government has actually identified 13 forests located in different parts of the county with a total area of 461 hectares, which is more than 800 acres, in order to give these 120 acres to allow the industry to be carried out. Not only have they done that, there are about 12 forests within the county as follows. There is Nyangweta Forest itself, which has 18.5 hectares. There is Ndolo Hill Forest, which has 15 hectares. There is Isaria Hill Forest, which has 4.57 hectares. There is Kabogi Hill Forest, which has 25 hectares. There is Ritumbe Forest, which has 10.4 hectares. There is Simbogo Forest, which has 5 hectares. There is Daraja Hill Forest, which has 3.8 hectares. There is also Nyanturago Swamp and Forest, which actually borders my former constituency and Nyaribari Chache Constituency, which has 360 hectares. Emborogo Hill Forest has 8.2 hectares; Kiong’anyo Forest has 4 hectares; Nyakeri Forest has 2.5 hectares; and, finally, Ngeri Hill Forest, which has 3 hectares. All these forests have a total of 462 hectares, which is more than 800 acres and they are only requesting for 120 acres to put up this important industry within that location. It may also be said that Kisii University has already an adjacent 60 acres of land for the development of the Kisii University Agriculture Department. This will, therefore, dovetail rightly, very well and firmly in the way of research and complementarity, not only to the people of South Mugirango, but also Bonchari, Bomachoge Chache, Bomachoge Borabu, South Kitutu Chache, Bobasi and Nyaribari The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir.

What is your point of order, Sen. Khaniri?

Mr. Speaker, Sir, I have two points of order. The first one is with regard to the speaker who is on the Floor. We all know the provisions of the Standing Orders on comments on petitions. This is because when a petition is read by the Speaker or a Member, it is supposed to be referred to the relevant Committee, where matters that my senior, hon. Ongeri is raising, will be canvassed. We have only 30 minutes for anyone who wants to comment on this petition and you can see that Sen.(Prof.) Ongeri has well eaten into that time; I think he is doing his fifteenth minute. So, I wonder what time some of us will have to comment on this petition if we have only 30 minutes. I therefore want to advise that the issues he is raising should be raised at the Committee level once the petition has been committed there. That is my first point of order. After you respond, Mr. Speaker,Sir, I have a second one now on the petition.

Sen. (Prof.) Ongeri, you can now summarise your intervention.

Mr. Speaker, Sir, I take note of Sen. Khaniri’s points. I was only summarising my points in a very succinct manner so that there are no further queries to be raised when the matter comes to the relevant Committee for debate. I wanted to clear any doubts that you may be having in your mind on whether the real procedures have been followed. I want to submit finally that all the procedures, including the Environmental Impact Assessment (EIA) by the National Environment Management Authority (NEMA) have been done. The Forestry Department and all other relevant stakeholders have been consulted effectively, including the county assembly, which has passed the enabling legal notices, including the gazettement of these notices in order to bring this project on board. I think this was in the last Senate – that is the First Senate – but, unfortunately, it never went through the Committee stage. I want to indulge the House so that this may be now speeded up for conclusion so that the people who signed this Petition do not have to wait longer because they are getting very impatient. Thank you, Mr. Speaker, Sir.

That is noted, Sen. (Prof.) Ongeri.

Mr. Speaker, Sir, I rise not actually to comment on the petition, but to raise a very pertinent issue. I thank the Governor of Kisii County for taking this route. But whereas the Governor may have very valid reasons in wanting to alter these particular boundaries, I am afraid – and I need your attention here because we will need 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. Sen. Khaniri has actually said what I wanted to say; that we are faced with two problems. My reading of the petition itself is that it is well intended, but it did not actually mention whether it is referring to a county, constituency or ward boundary. Either way, if it is a county boundary, we cannot touch it under Article 188. The bill is here to provide a solution to alter county boundaries and the processes. Maybe you can order that we start the debate on the County Boundaries Bill, 2018, so that we can find a formula if it is a county boundary. If it is a constituency or a ward boundary it is worse. In the Elections Laws Amendment Bill, I argued extensively with the Senate Majority Leader, Sen. Murkomen, that this Senate passed a law which cut short our hand in dealing with a boundary in a ward or constituency. So, hon. Senators, we have no jurisdiction; and we did that by passing the Election Laws Amendment Bill, although the vote was only won by one vote; that one of Sen. Moi. Therefore, Mr. Speaker, Sir, maybe we need to interrogate this before we commit it so that we can move procedurally. Otherwise, the recommendation to approve the alteration of the boundary will be very academic, because we cannot do so unless Parliament approves under that Bill. Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I want to agree with the sentiments of my colleague, Sen. Khaniri, about this issue. The very salient points that he raises beg the questions that we have asked on many occasions in this House; what meets the threshold of what can be considered a petition that is brought before this honourable House? The merits or lack of it are not in question as concerning this petition. But the thing that concerns many of us is that we know that within our counties themselves; that is within wards and constituencies and also intra-countries – between neighbouring counties – we all have challenges and are patiently awaiting – it should be 2019 – when boundaries are up for review to raise some of these questions. So, it would be completely 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, before we go to academic discussions, let me put it very clearly that this is not---

on a point of order, Mr. Speaker, Sir.

what is your point of order, leader of majority?

Mr. Speaker, Sir, I did not hear Sen.(Prof.) Ongeri say “On a point of order” so as to have the Floor again.

He has spoken; I think he is making a clarification on a petition from his county. Proceed.

Mr. Speaker, Sir, that is exactly what I want to do. There is no alteration of any boundary. In fact, this particular forest is within a ward called Roticho. It, therefore, does not alter any of the regions. All we are looking at is the variation for the establishment of this factory, which can then be helpful and useful to the people of South Mugirango. I will be quite happy to sit down with Senator Khaniri and Sen. Mutula Kilonzo Jnr and go through the nitty-gritty which do not involve the kind of Constitutional issues that they are raising on the floor of the House.

Mr. Speaker, Sir, the petition needs to be clear on whether we are altering the boundaries; whether we are doing a variation or degazetting the forest or not. Listening to Sen. (Prof.) Ongeri, I think it is about degazetting the forest and not necessarily varying the boundaries. So, they need to be clear on that.

Yes, Sen. (Eng.) Mahamud.

Mr. Speaker, Sir, Sen. Were said it very well. My understanding is that it is not actually a change of boundaries between counties or between wards or constituencies; it is only changing the extent of the forest. This is actually degazzeting the forest. We should look at it in that light.

Hon. Senators, having listened to the deliberations, I think we have a competent Committee that can look at this and determine whether they are interfering with the boundaries or degazetting a forest and report back. In view of that and pursuant to Standing Order No. 226(1), the petition stands committed to the relevant Committee; in this case the Standing Committee on Land, Environment and Natural Resources. In terms of Standing Order 226(2), the Committee is required, in not more than 60 days from the time of reading the prayer, to respond to the petitioner by way of a report addressed to the petitioner and laid on the table of the Senate. I 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

Proceed, Chairperson of Standing Committee on Finance and Budget.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today 15th February, 2018: CRA RECOMMENDATIONS ON EXPENDITURE CEILINGS FOR THE FY 2018/2019 The recommendations of the commission on revenue allocation on the recurrent expenditure ceilings for County Assemblies and county executives for Financial Year 2018/2019. ANNUAL REPORT OF THE COUNCIL OF GOVERNORS FOR THE FY 2016/2017 The Annual Report of the Council of Governors for the Financial Year 2016/2017. PSC EVALUATION REPORT FOR THE YEAR 2016/2017 The Public Service Commission Evaluation Report for the year 2016/2017 on public service compliance with the values and principles of Article 10 and 232 of the Constitution. ANNUAL REPORT OF SASRA FOR THE FY 2015 The annual report of the Sacco Society Regulatory Authority for the Financial Year 2015. REPORT ON THE FINANCIAL STATEMENT OF TAITA TAVETA EDUCATION FUND FOR FY 2015/ 2016 Report of the Auditor General on the Financial Statements of the County Government of Taita Taveta education fund for the year ended 30th June 2015 and 2016. REPORT ON THE FINANCIAL STATEMENT OF OLOOLAISER WATER AND SEWERAGE COMPANY LIMITED FOR FY 2016 Report of the Auditor General on the Financial Statement of OlooLaiser Water and Sewerage Company limited for the year ended 30thJune, 2016. REPORT ON THE FINANCIAL STATEMENT OF NOL-TURESH LOITOKITOK WATER AND SEWERAGE COMPANY LIMITED FOR FY 2016 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

Is Sen. Poghisio not in the House? Proceed, Senate majority Leader. 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 beg to lay on the table the Statement of the Senate Majority Leader on the Business of the Senate for the week commencing 20th February, 2018, Pursuant to the provision of Standing Order 46 (2) (c).

Next Order!

Mr. Speaker, Sir, I would like to issue the Statement of the Senate Majority Leader on the Business of the Senate for the week commencing 20th February, 2018, pursuant to the provision of Standing Order 46(2)(C). Hon. Senators, pursuant to Standing Order 46 (2)(C), I hereby present to the Senate the Business of the coming week. The Senate Business Committee will meet on Tuesday 20thFebruary, 2018, to schedule the Business of the Senate. Subject to the directions of the meeting, the Senate will continue with the consideration of the Business that would not have been concluded in today’s Order Paper. On Wednesday 21st February, 2018 the Senate will proceed to consider Business that will not have been concluded on Tuesday and any other Business scheduled by the Senate Business Committee. Honorable Senators, the following Bills are due for second reading; the irrigation Bill, The Urban Areas and Cities Bill, The County Governments Bill, Bill No, 11 of 2017; The County Governments Amendment No. (2)(b), Senate Bill No. 7 of 2017; The National Flag, emblems and Names Amendment Bill, Senate Bill No. 8 of 2017; The County Boundaries Bill, Senate Bill No. 6 of 2017; and the Warehouse Receipt Systems Bill, Senate Bill No.11 of 2017. I take this Opportunity to urge respective Committees to prioritize consideration of the Bills referred to above and table reports on them to enable the House to process the Bills further. As you may note in today’s Order Paper, two Bills will be read a first time; that is the Food Security Bill, Senate Bill No.12 of 2017 and The Assumption of Office of the County Governor Bill, Senate Bill No. 1 of 2018. I urge the Committee where the Bills will be referred to consider the Bills and report back to the Senate within the set timelines in the Standing Orders. In the same breath I request all Committees that have pending petitions to consider them expeditiously and submit reports to the House within the set timelines. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Senators, we also have statements to be requested by the following hon. Senators: Sen. Ledama Olekina and Sen. Khaniri. I do not see Sen. Olekina in the House. Let us have Sen. George Khaniri. DELAY IN RELEASE OF FUNDS TO COUNTY GOVERNMENTS FOR THE FY 2017/2018

Thank you, Mr. Speaker Sir. Pursuant to Standing Order 46 (2) (b), I rise to seek a Statement from the Chairperson of the Standing Committee on Devolved Government and Intergovernmental Relations regarding the delay in releasing funds to the county Governments for the Financial Year (FY) 2017/2018 and, in particular, to Vihiga County thereby affecting its operations and compromising the objective of devolution. In the Statement the Chairperson should:- (1) Explain the respective roles plated by the Cabinet Secretary for Treasury, the Controller of Budget and respective County Treasuries in withdrawing money from the Consolidated Fund and from the respective county revenue funds as required by Articles 206 and 207 of the Constitution and Section 109 of the Public Finance Management Act. (2) State the conditions that must be met, if any, before the National Treasury can order the release of funds from the Consolidated Fund to the respective County Revenue Fund after the enactment of the County Allocation of Revenue Act and the subsequent approval of the cash disbursement schedule. (3) Table schedules indicating the amount and date of cash disbursement to Counties as contained in the approved Cash Disbursement Schedule for the FY 2017/2018. 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 Chairperson of the Standing Committee on Devolved Government and Intergovernmental Relations, please, respond to that.

Thank you, Mr. Speaker Sir. I undertake to give a comprehensive answer in two weeks.

Did you say in two weeks?

Mr. Speaker, Sir, I am a bit confused. Is it the Standing Committee on Devolved Government and Intergovernmental Relations or the Standing Committee on Finance and Budget?

Hon. Members, there is a bit of confusion. Sen. Khaniri requested a statement from the Chairperson of the Standing Committee on Devolved Government and Intergovernmental Relations, but the questions deal with matters of finance. Sen. Khaniri, can you clarify that?

Thank you, Mr. Speaker, Sir, for the correction; I think it is an oversight. Allow me to amend the statement and substitute the words “the Chairperson of Standing Committee on Devolved Government and Intergovernmental Relations” with “the Chairperson of the Standing Committee on Finance and Budget.” Thank you.

The Chairperson of Standing Committee on Finance and Budget.

Thank you, Mr. Speaker Sir. We will be able to give a comprehensive answer in three weeks.

My friend, we are dealing with the Budget now and have a very tight programme. I think three weeks will be fair.

Sen. Wetangula.

Mr. Speaker, Sir, the Chairperson of the Standing Committee on Finance and Budget, the Committee that I belong to, is not taking his work seriously. The issue asked affects even his county. Counties are grinding to a halt countrywide. It does not need rocket science to extract an answer as to why funds have not been disbursed and when they will be disbursed. In fact, this is a matter I would have expected the distinguished Senator for Mandera to tell this House that he will bring an answer on Tuesday next week, because it is not a matter that will require research, meetings, conferences or retreats.

Sen. Mutula Kilonzo Jnr.

r. Speaker, Sir, I understand the dilemma that my Chairman has because we sit on the same Committee. However, I want to tell him that this is one of the instances that you can actually chew and walk at the same time. It 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

On a point of order Mr. Speaker Sir. I appreciate the question raised by the Senator for Vihiga County. Whereas we, Senators, insist that there are problems within the counties and they are coming to a halt and nothing is going on, the Governors were in the Inter-governmental Budget and Economic Council (IBEC) meeting and there was no complaint by the managers of that money to the extent that anything was grinding to a halt in the counties. That report will be tabled in this House. So, whereas we appreciate the urgency, it is not an outcry that has come formally from governors, even though I appreciate what the Senator for Vihiga County has said---

What is your point of order, Sen. Wambua?

I am on a point of order; he cannot be on a point of order. He should know the rules by now. In my estimation and balancing the two interests, two weeks would be more appropriate.

On a point of order Mr. Speaker Sir. With due respect to the Senate Majority Leader, honestly, this matter lies with the Chairperson of Standing Committee on Finance and Budget. He asked for a time limit that all of us feel is too long. The fact that the governors sat at IBEC and did not raise the issue of finances does not make it any less important than it is. There are counties in this country, including mine, where people are starving. You cannot tell Kenyans to wait for another three weeks for finances to be availed or be told why there are no finances. It reminds me that in the last Session of this House, I raised an issue of security and the same game was played here. We went for recess without that answer being given. I call upon the Office of the Speaker to rein in this Chairman and make sure that answers to important issues affecting our counties are responded to within the shortest period of time possible. Thank you.

Mr. Speaker, Sir, through you, I want to encourage the Senate Majority Leader not to attempt to do your work. When issues are raised on the Floor and there is an exchange on whether the matter is urgent or not, he is a stranger to it. This involves the Committee Chairperson, the Questioner and the Chair. Secondly, the matter brought on the Floor becomes the property of this House. Therefore, the proceedings of Intergovernmental Budget and Economic Council (IBEC) have absolutely nothing to do with this House unless he is telling us that that he sits in IBEC. If he does, he will then have to go further and disclose on whose behalf he sits in it because this House is not aware of any representation in IBEC. The Chairperson of the Finance Committee to which Sen. Mutula Kilonzo Jnr, Sen. Cheruiyot, I and others belong know very well that this answer can be brought by Tuesday if he wants to work.

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Thank you, Mr. Speaker, Sir. Is it in order for the Senate Majority Leader to suggest that since some governors who he has not disclosed, including Makueni County, and I do not hold his brief and neither am I his messenger, sat in a meeting-----?

Put this man into order. What is he talking about? I am not his representative neither am I his messenger. Sen. Murkomen is aware that it is not once, twice or thrice that we have disagreed with IBEC. This Senate has disagreed on their recommendations on division of revenue and we will still reject their proposals. Is he in order to suggest on record that if governors sit in a committee called IBEC chaired by the Deputy President, we as Senators are supposed to sit, wait and clap for them? Is he in order?

Mr. Speaker, Sir, I do not think it is necessary to join in this debate. However, I take exception to the remarks by my good friend Sen. Wetangula that I do not take my work seriously. He knows that I take my work seriously. Given the activities that we are doing now, it is necessary to ask for that time. We will give the answer in a week’s time as we will be together in the committee with the hon. Questioner. We will do our best. There is no crisis.

There will be a response in a week’s time. I urge all the Members of that Committee to attend.

Mr. Speaker, Sir, the Senate Majority Leader should also attend the meeting.

(Hon. Lusaka) Yes, they will attend.

(Hon. Lusaka) Order, Members! Let us move on to the next Order.

Mr. Speaker, Sir, I am not a member of that Committee. I can see many members of that Committee are in the House.

Who are the Members?

Thank you, Mr. Speaker, Sir. I undertake on behalf of the Chair to give a comprehensive answer in two weeks’ time.

Is that okay?

Mr. Speaker, Sir, it is okay.

Okay, we proceed. Sen. (Dr.) Musuruve.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I have two statements to request. I had requested for these statements the last time we were in session, but no feedback was given. MAINSTREAMING OF LEARNERS WITH DISABILITIES IN EDUCATION CURRICULUM I rise pursuant to Standing Order No.46 (2)(b) to seek a Statement from the Chairperson of the Standing Committee on Education on the Mainstreaming of Learners with Disabilities in the Education Curriculum. In the Statement, the Chairperson should: (1) State the number of learners with disabilities in various public and private learning institutions in the country; (2) Table a list of schools for learners with disabilities and the number of learners in each of the schools. (3) Table a list of schools for learners with disabilities and the number of learners in the respective institutions that are piloting the new education curriculum. (4) State the measure that the Ministry of Education has put in place to improve the performance of children with disabilities, especially those that have hearing impairment and are faced with linguistic challenges which affect their performance in other subjects. Thank you.

Thank you, Mr. Speaker, Sir. That is an important area that we need to tackle. I want to thank Sen. (Dr.) Musuruve who is a member of the Standing Committee on Education. I promise that in two weeks’ time, we shall be able to provide an answer to that.

Is that okay?

Mr. Speaker, Sir, that is okay me. 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 am requesting for another Statement. It was in the last Session but I did not get a response. I rise pursuant to Standing Order No. 46(2)(b) to seek a Statement from the Chairperson of the Justice, Legal Affairs and Human Rights Committee on the alleged abuse of human rights of persons with disabilities. In the Statement, the Chairperson should:- (1) State whether the Government is aware that persons with disabilities from Kenya and other neighboring countries are allegedly being trafficked and housed in Nairobi and other major towns in the country. (2) Further state whether the Government is aware that the said persons with disabilities are used by able bodied people to beg on the streets in Nairobi City and other major towns, against Articles 28, 30, 43 and 54 of the Constitution. (3) State the measures that the Government has taken or will take to deal with those found culpable of trafficking persons with disabilities and using the said persons to beg on the streets. (4) Explain the measures that the Government will put in place to repatriate persons with disabilities from the neighboring countries who are involved in begging on the streets of Nairobi and other major towns. (5) Explain the steps that the Government will take to support Kenyan persons living with disabilities especially those on the streets to come up with sustainable means of earning a living.

Could we hear from the Chairperson of the Justice, Legal Affairs and Human Rights Committee?

Mr. Speaker, Sir, before we hear from him, allow me to ride on that Statement. When the Chairperson is answering the issues raised by the distinguished Senator, he should tell this House about the National Council for Persons with Disabilities (NCPWD). This organization owns very prestigious properties in this town. It has Rehema House on Kaunda Street near Corner House and Lornho House. It also has Rehema House in Westlands on Rhapta Road and several other properties that generate income. This Council and its predecessor in title have been in place for the last close to 30 years. Could the Chairperson also tell this House with proper statistics what interventions this Council has had in each county in this country? It should provide proper statistics. He should tell us if they are represented in all the 47 counties. Have they carried out a demographic campaign to know the numbers and the levels of disabilities that people suffer in each county? How do they assist them in going about with their livelihood especially those who can neither walk, see nor do anything for themselves? There are many. I do not think that there is any Senator here who does not have such people in his or her county. I am sure that the distinguished Senator for Nairobi City County will be interested in this. The habit that you see on the streets of Pakistan cities where families disable their The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you Mr. Speaker, Sir. I do not have an issue with what Sen. (Dr.) Musuruve has brought up but I have an issue with the Statements. I am worried that she is repeating a Statement that she sought last year. Is there a trend? I presented a Statement last year and a similar Statement was presented yesterday by Sen. (Rev.) Waqo. It was to do with the highways. My Statement was fairly detailed because we wanted to interrogate the designs. We are more worried because the construction is going on and we are noticing that the same mistakes are being repeated in the construction of the roads. Are our Statements not being taken seriously? My Statement has not been responded to. It has been a number of months now. We wish that you direct---

Senator, the Statement lapsed with the last Session.

Mr. Speaker, Sir, are we supposed to bring them back again?

Yes. You should ask afresh.

Thank you, Mr. Speaker, Sir. I am guided.

Could we hear from the Chairperson of the Justice, Legal Affairs and Human Rights Committee?

On a point of order, Mr. Speaker, Sir.

What is your point of order?

Mr. Speaker, Sir, I have two concerns. I do not know if there are specific reasons as to why these Statements are not appearing on the Order Paper. When the Statements are on the Order Paper and one gets it early, even the Chairmen are able to prepare before the Statements are requested. The clerks-at-the-Table can probably inform you if there is a reason. I have noticed this trend from yesterday where certain Statements are missing. On the two Statements requested by Sen. (Dr.) Musuruve, both of them are touching on the status of life of persons living with disabilities. One of the Statements has been directed to the Committee on Education and the other one has been directed to the Justice, Legal Affairs and Human Rights Committee. This House has a Committee that specifically deals with the status of life of persons living with disability. Her next Statement may probably be on occurrences on roads on persons with disability. That will then be sent to the Roads and Transport Committee. The reason as to why we have a specific Committee that even has a file, and I chaired that Committee in the last House, is that the Committee has institutional memory on the progress made in realizing equalization of opportunities of persons living with disability. I beg to suggest that both Statements have been forwarded to the wrong Committees. There is a Committee in this House on National Cohesion, Equal Opportunities and Regional Integration that is supposed to deal with the status of life of persons with disability, women, youth and anyone else who is discriminated pursuant to Article 27 of our Constitution. I ask that you re-designate those two Statements to go to the same Committee that has a history of dealing with these matters.

Thank you, Sen. Sakaja. I want to urge Senators to hand in their Statements early enough. You are bringing the Statements late. They come The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, the issues that Sen. (Dr.) Musuruve has raised are of great magnitude and importance in this country. I am in concurrence with Sen. Sakaja. This is because I am in the same Committee with him. Some of those questions should be directed to the relevant Committee which is National Cohesion, Equal Opportunities and Regional Integration Committee. We should not target Committee on Education or my Committee. We will guide the Chairperson of the specific Committee and ensure that the questions raised are answered.

As I had ruled, they will be redirected and the answers will be provided within two weeks. STATE OF TOURISM IN KENYA ESPECIALLY IN MALINDI, KILIFI COUNTY

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No.46(2)(b), I rise to seek a Statement from the Chairperson of the Committee on Tourism, Trade and Industrialization on the state of tourism in Kenya especially in Malindi, Kilifi County. In the Statement, the Chairperson should:- (1) Table the figures of tourists who visited Kenya in 2016 and 2017, highlighting the numbers that visited Kilifi County during the said period. (2) State whether the Government is aware that the numbers of tourists visiting Malindi have gone down mainly due to pollution in the Indian Ocean which has kept away tourists and investors in the tourism industry. (3) Further state whether the Government is aware that some investors in the tourism industry, especially those in Malindi, are threatening to close down their investments due to high pollution in the Indian Ocean that has kept away tourists. (4) Explain the measures that the Government will take to deal with the pollution in the Indian Ocean so as to restore the tourism industry in the country.

Yes, Sen. Faki.

Hon. Members, let us consult in low tones.

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Thank you, Mr. Speaker, Sir. I wanted to ride on Sen. Gona’s Statement; that the Statement should include Mombasa, Kwale, Lamu and Taita Taveta counties because all these counties rely on tourism as part of their major revenue component. As of recent, we have had drought in the Tsavo National Park and many animals have been suffering and as a result tourism industry has been affected. Therefore, the Chairperson of the Committee on Tourism, Trade and Industrialization, in responding, should also consider the issue of Lamu County where there is a coal plant which will soon be constructed in that area and how it will affect the environment in terms of tourism. Thank you.

Let us hear from the Chairperson of the Committee on Tourism, Trade and Industrialisation.

Thank you, Mr. Speaker, Sir. I want to confirm that like everybody is saying, in two weeks’ time, I will be able to give an answer to those very good questions. Thank you.

Is that okay, Sen. Gona?

Yes, Mr. Speaker, Sir.

Okay. Proceed, Sen. Mutula Kilonzo Jnr. STATUS OF THE UWEZO FUND

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 46 (2) (b) to seek a Statement from the Chairperson of the Standing Committee on Finance and Budget on the Uwezo Fund. The Chairperson should, in the Statement, state the following:- (a) How much money has been disbursed in the Uwezo Fund since the Financial Year 2013/2014; (b) state the disbursements made to the various constituencies in Makueni County; (c) indicate whether the funds have been repaid; (d) state whether the national Government is considering waiving the grants on account of the high default rate by the residents or giving them a moratorium to pay the loans due to the on-going drought and other economic conditions. Thank you.

Let us hear from the Chairperson of the Committee on Finance and Budget.

Mr. Speaker, Sir, we will give the response in two weeks.

Sen. Mutula Kilonzo Jnr., is two weeks okay?

Yes, Mr. Speaker, Sir.

Proceed, Sen. Lelegwe. 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. Pursuant to Standing Order No.46 (2) (b), I rise to seek a Statement from the Chairperson of the Standing Committee on National Security and Foreign Relations regarding the raid by the armed bandits on Thursday, 1st February, 2018, in Suyian area of Elbarta Ward in Samburu North Constituency where two people were killed and more than 2,000 livestock were stolen. In the Statement, the Chairperson should state the following: (a) Whether he is aware that the armed bandits suspected to be from a neighbouring community raided Suyian area, Elbarta Ward in Samburu North Constituency and killed two people, namely; 33-year old Dadapon Lesiamito, and 23- year Imerotuni Lepoora, seriously injuring three other people, namely; Longrit Lesiamito, Njelina Lesiamito and Ltanikad Leriare and stole more than 1,400 heads of cattle, 1,200 goats, sheep and five donkeys. (b) Whether he is aware that the 24 families affected by the raid are faced with starvation following the loss of their only source of livelihood. (c) Whether he is also aware that efforts by the community to contain the raid yielded no results because the police officers based at Suyian Police Post failed to respond to the community’s distress call and that, up to now, the Government has taken no action to pursue the raiders or assist the affected families. (d) Explain why the police officers failed to respond to the community’s distress call and why up to now, action has not been taken to pursue the raiders and recover the stolen animals or even extend humanitarian assistance to the affected families. (e) Explain why no action has been taken so far to recover the stolen livestock. (f) State when and how the Government will address the above concerns. (g) Explain what the Government is doing to permanently address the long standing problem of banditry in the area recalling that, to date, no conclusive action has been taken to address the killing of the 42 police officers in Baragoi, Samburu North Constituency in 2012. This may be the reason the police officers are reluctant to pursue the bandits. Thank you.

Lets us hear from the Chairperson of the Committee on National Security, Defence and Foreign Relations. Yes, Deputy Chairperson.

Mr. Speaker, Sir, this indeed, is a serious issue. I know there has been some history in terms of intervention of this House in those areas from the previous Committee and other issues, as well as the Committee on National Cohesion, Equal Opportunity and Regional Integration. So, I should be able to give an answer in two weeks.

Senator, is that okay?

Mr. Speaker, Sir, you will note from my Statement on my request points No. 3 and 5, that these 24 families are starving because their only source 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, we will do our best to expedite that response. I just urge the Senator that even as we bring the response in two weeks, we can still try to intervene as a Committee as that is going on so that we get a comprehensive response. I know the response alone or the Statement will not return the cows or sort out the livelihood issue. There is a bigger issue that we need to deal with. The Statement that you want, since you are talking about the Baragoi incident that happened many years ago where there is an investigation going on and other issues, that will take longer than Wednesday. So, if you want me to respond on one aspect of that Statement, I can do it by Wednesday, but I will need two weeks to give a comprehensive response.

Yes, Sen. Cherargei.

Mr. Speaker, Sir, given the gravity of the issue that Sen. Lelegwe has raised; that the families are now starving, two weeks is a long time for those families based on such a serious issue. By the time the answer is given, they might have died, therefore, it will be a disaster. The Committee should give the matter the urgency it deserves.

Mr. Speaker, Sir, this is a serious issue. Animals are being taken and lives are in jeopardy, and yet you talk of two weeks. The Senator should take this matter seriously and give us an answer on Tuesday concerning where the livestock is and what the askaris have done. They have to do a follow-up and not just say ‘two weeks’. By two weeks those animals will have been sold and the Government will not recover anything. We should be more serious.

Mr. Speaker, Sir, this is a matter that I have been dealing with for the last four or five years. By now I am sure that those animals have already been shipped and their whereabouts is unknown. So, let us consult off-line with the Senator together with the relevant Ministries for an immediate urgent emergency intervention. However, we will still give a comprehensive Statement within that time, so that we can give these people food and address their immediate humanitarian needs. However, if you want a comprehensive Statement, we will deliver it in two weeks.

Mr. Speaker, Sir, I want to join the Senators who are showing some displeasure with the time the Chair is proposing. To begin with, at the level of common sense, driving 1,000 heads of cattle is not easy. I would expect the Chair, in the interim, to even tell this House that after this Sitting, he will get the Inspector General of Police to send helicopters. If you are in Boeing up there you can see 20 heads of cattle walking, what about 1,200 heads of cattle? Giving affected families’ food--- 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 agree that there are so many issues that cannot be dealt with at short notice. However, I want to agree with the Senate Minority Leader that the Chairman should report to this House, at least, by Tuesday on what interventions have been put in place to prevent the humanitarian crisis that we are staring at. He should also report on the recovery status, because those people depend on livestock.

Before you respond, there is an intervention by Sen. Farhiya.

Thank you, Mr. Speaker, Sir. Speaking as someone from the pastoral community, two weeks is a long time because the conflict will be exacerbated by the fact that there is no response. There will be retaliations and other issues. The faster this can be responded to, the better for both communities. Members from the pastoral communities would rather die than lose their animals. My worry is the repercussions as a result of slow interventions.

Proceed, Sen. Nyamunga before the Chair can respond.

Thank you, Mr. Speaker, Sir. We are here courtesy of the people at the grassroots. The way we are handling serious issues is not amusing to anybody. We should take our work seriously. I do not know whether the two weeks period to give an answer is just a song that every Chair sings or it is a serious thing. Some of these things may take longer than two weeks while some may need two days. Let us be serious because we are here courtesy of our people at the grassroots.

I can see the subject is generating a lot of heat. Sen. (Prof.) Imana Malachi.

Thank you, Mr. Speaker, Sir. This issue is a lot wider than it has been reported by Hon. Lelegwe. While we are talking about taking care of these families whose livestock has been driven away, this is a problem that the Turkana community lives with every day on a larger scale than probably the one that has been mentioned here. The reason is that Turkana borders several countries with hostile communities and raids happen every day. As we talk about taking care of the people in hon. Lelegwe’s county, how about getting a comprehensive solution to the whole issue, so that we do not have things like this happening every now and then? Similar requests will be made on weekly basis, 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 first of all sympathize with the situation in Samburu, Turkana, Elgeyo-Marakwet and West Pokot. For the benefit of persons here who do not come from those volatile areas in so far as matters of cattle rustling are concerned, it is a big problem. In fact, when people say that the Chairman should quickly give us an answer on how to recover the livestock, about two weeks ago, a large number of livestock was taken from Elgeyo-Marakwet County towards the direction of Baringo County, particularly the side of Tiaty Constituency. I am sure that even the ones for Samburu are headed in that direction or further to the Turkana side. Last week, the ones from Turkana County were taken towards Tiaty Constituency. The other day, livestock were taken from West Pokot County to Elgeyo-Marakwet County and from Elgeyo-Marakwet County to West Pokot County. Mr. Speaker, Sir, as leaders who come from those regions, that is, the Senator of Samburu County, the Senator of Turkana, the Senator of Baringo and I are actually tired. I dealt with this issue for a half of the last term, all the time going for funerals. This weekend alone we will be burying three people who were killed one week ago. We are tired. As leaders, we had a meeting with the Cabinet Secretary of Interior and Coordination of National Government. He will visit that region, including Samburu and Turkana Counties. He has also promised that in the first week of March we shall have a marshal plan conference on how to deal with this problem permanently. I want to urge Sen. Lelegwe, Sen. (Prof.) Imana, Sen. Poghisio and Sen. Moi to be available for this very important project that the Ministry wants to spearhead, pursuant to the directions given by the President so that we can stop this. It happens and then there is a periodic lull before it happens again on a wider scale. Mr. Speaker, Sir, even as the Chairman is being asked to give a quick answer, I am categorical that we will not find the livestock even if we send someone at the moment. We are talking about a region that is more armed than the country. There are more arms than, perhaps, the entire country itself, with the exception of the north eastern part of the country. We are dealing with issues of small arms and cattle rustling. I want the Chair of this Committee to walk with us and invite the Senators. Most of the time we leave it to Members of the National Assembly or think that the governors alone can deal with it. With the plan that the Ministry has, we have an opportunity as a region to open up, particularly, Tiaty Constituency up to the parts of Turkana and Samburu Counties to development of such a scale that will discourage many young people who are carrying guns. I appreciate what Sen. Sakaja said; that we would rather go to the CS and tell him to do something in the meantime for people to get food, shelter and so forth, and come later with a comprehensive answer on how to deal with this issue in the whole region. This is better than to be told to just come and read a statement. There are some tired statements that come to this House that say:- 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 direct that---

On a point of information, Mr. Speaker, Sir!

What is your point of information?

Mr. Speaker, Sir, I do not mind to be informed.

Thank you, Mr. Speaker, Sir. Let me inform the Chairperson. I do not know if he is aware that it was reported in the media that elders of the affected families have threatened to kill their children because they have nothing to give them. In Samburu North Constituency, for example, there are over 400 Kenya Police reservists and a camp of anti-stock theft of more than 100 officers. There is an Administration Police (AP) camp. However, the cattle were driven from Suyian to a nearby village which is not more than 25 kilometres. The police and intelligence officers are aware of where those animals are. They are pleading with the communities to spare them because they do not want to go die. They are on very low morale because 42 officers were killed in 2012, but the Government did not take any action to bring back their arms, animals or even do anything for the affected families. So, I plead with the Chairperson that as we give him more time to give us a lasting solution on the concerns raised by the Senator for Turkana County, I would like him also to address the situation in Samburu, Turkana, Baringo and Elgeyo-Marakwet counties. This is because we are losing people, livestock and livelihoods in these areas. We want long lasting solutions from the Government. We think the Government is unable to do anything about Samburu County because you can see people and police officers being killed and the Government is not doing anything six years later.

Mr. Speaker, Sir, let me respond. Maybe my hon. colleagues are misunderstanding what I am saying. I am very well aware of the situation there. Incidentally, this is a matter of coincidence with these things that I have been dealing with. In fact, the area that he is talking about is Baragoi. The ward is called Machola, if I am not wrong.

There had been an issue even with a Member of County Assembly (MCA) called Hon. Lawrence. Is that true?

Yes, Mr. Speaker, Sir.

Mr. Speaker, Sir, sorry for addressing him directly. We even signed the first peace deal between the Samburus and Turkanas in Baragoi. There was a lull at some point in that area. I am not sure if Sen. (Prof.) Ekal is aware about what we were able to do in a place called Lokwar and Nakuse in Turkana South between the Pokots and the Turkanas. The peace has held in that area. Mr. Speaker, Sir, we have gone to many areas and Sen. Zani will tell you this because we were in the Committee together in the last Parliament. From west Pokot The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. The Senator for Samburu County has asked a specific question. He is dealing with a specific issue, a matter that happened at a date that he has given. Is the Chairperson in order to dwell on the history of conflict in the region?

Mr. Speaker, Sir, I am responding to the specific question that was raised. I am just telling my colleagues that it is not that we are insensitive. We are very sympathetic about the specific issue that has happened now. We are also aware of what has been going on in that area. This is why I am telling Members that I will not come and give a cosmetic statement on the Floor of the Senate on Tuesday, Wednesday or Thursday. If you are used to other Chairpersons just saying: “The Government is dealing with this matter”, I will not do so. However, I am telling Members, as we wait for that comprehensive Statement, I am ready to even walk with the Senator from Samburu County to the offices of the Inspector General (IG)of Police and the Cabinet Secretary (CS), to urge for immediate intervention as we get a comprehensive Statement to deal with the situation. If what we want is just a statement saying that this is being dealt with, that is not what will bring back the cows. The Statement will not feed those families. It is the urgent interventions by Government that will do that. Finally, as a Committee, we will be willing to interact with this programme that the Senate Majority Leader has spoken about in all those areas and then pick up from what was done in the last committee of the last Parliament. We had an issue of amendment of the penal code to deal with cattle rustling. Many times cattle rustling happens and the elders say: “Exchange cows and deal with this matter.” Meanwhile, people’s lives are lost, houses and torched. Those crimes must be taken for the crimes they are. If it is robbery with violence, it is that. If it is arson, it is. There is no such thing as cattle rustling. I urge this House to support the amendments to the penal code to call those crimes for what they are. You cannot rape women and then you are told to exchange cows. Since these people know that there are no penalties or they are subdued, it is going on and it is now a commercial practice. I am sure – God forbid, again – those cows are in a track heading to Mombasa, slaughtered. They rustle 1,000 cows and you will not trace them not because they are lost under trees or because of the terrain, but because they actually slaughter and transport them and ship them out of the country. We will deal with the exhaustive issue of cattle rustling around the country. However, on this specific, I urge the indulgence of the Senate. We can deal with the immediate intervention even today. We can even seek leave of the House to walk with him across to the Ministry of Interior and National Coordination and find out what is being done on the ground. Let us not ask for a cosmetic statement on the Floor of this House.

Hon. Members, I wish to direct that you give a comprehensive answer in the next two weeks. 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 beg to move that the Irrigation Bill (Senate Bills No. 5 of 2017) be read a second time. This is a very important Government Bill. The Bill is being sponsored by the Ministry of Agriculture and Irrigation tabled in this House with the consequence of changing the legal framework for management of matters irrigation. This Bill seeks to repeal the Irrigation Act Cap 387. It seeks to accommodate the new order in terms of the Constitution of Kenya 2010.The Bill recognises the responsibility of the national Government on maters food security and the responsibility of counties in so far as managing matters agriculture and irrigation. That is being married together to create an The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Madam Temporary Speaker, as I stand to second this Motion, I would like to make this House aware that all these conflicts we are talking about here, the next frontier is not the cattle, oil and other resources. It will be about water and availability of the water. Since independence, this country has seen Sessional papers, developmental papers and all of them gear towards realization of these facts that the next frontier of conflict will be about resources. It is sad that we have not done very much since independence towards realization of settlement of this important issue. We have not empowered our communities to harvest water. At the moment, agriculture being a devolved function, it is very sad that when you visit our counties they are spending so much money. The resource allocation to infrastructure such as roads takes center stage and very few of our counties are concerned or investing at all in water conservation and irrigation today. Madam Temporary Speaker, if you go round this country, you will see huge institutions that sometimes span over two and half acres of land. However, when you get there, some of them are schools with no water. It is so sad - in fact it is criminal - that managers of these institutions should be called managers at all. Those of us who have travelled know that if you have an institution like the one I just mentioned; our schools, universities and hospitals all over this country should be able to harvest water which can last you for another 12 months. This is not happening. Two weeks ago I happened to visit a farmer in ukambani - some place. I was surprised, you pass through very arid areas and very miserable farms but you land on this farm it is at its peak and you are surprised.There is irrigation throughout the year. But this farmer has adopted drip irrigation; they harvest water when it rains. When it rains in this country we watch as the rain ferries our top soils to silt our dams and all that water goes to the Indian Ocean. A month after the rain stops we are all ‘singing’ disaster and hunger. It is time that this country realised the importance of irrigation; and it has since caught the attention of the government. I am happy that the government has these new programs of irrigation. In going through the Bill and also talking to the ministry involved, 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. As we know only 20 per cent of Kenya is arable. That means that the rest of Kenya is either semi-arid or arid. We cannot practice any form of proper or meaningful farming in those areas without irrigation. Our livelihood in Kenya depends on agriculture; anything else will come as number two. Our number one occupation and source of revenue is agriculture. Water is important; it is life to human beings, animals, plants and vegetation. So, if we do not use it properly, it will be of no use to Kenyans. We talk of Singapore and Korea and compare ourselves with them all the time. At some stage, we were at the same level of development with them. In the 70s - I do not know which exact year - Kenyan Government gave the Singapore Government a loan of US$10,000. From that same level of development that we were at par, Singapore and Korea have grown because they have done a few things right. One of the things they got right is the use of water and irrigation. If Kenya is only 10 per cent arable, what does it mean? It means that we cannot rely on rain for agricultural activities. We must seriously work on irrigation. It is the only way forward if we do it properly. I believe we, as Kenyans, have good infrastructure and policy papers. Anyone who has ever come to invest in Kenya, the first thing they said is that we have enough policy papers. Where do we fail? We fail at implementation where we do not do the right thing. If I may give an example of my county, Kisumu County, as it has been mentioned by previous speakers, it has the best land for agriculture. It has a big lake and the rivers that lead I to it. However, when it comes to poverty and development, we are among the poorest, reason being we do not use our water properly and the irrigation structures are not in place. For a long time I have heard about the Koru Dam on the Kisumu-Nandi counties border. I believe if this dam can be constructed, the whole of the lake region will be operational and irrigation can be put in place. We do not have to use expensive type of irrigation from Lake Victoria; we can use the rivers which will only need gravity when we construct dams. When it is dry, animals die and human beings get in trouble. When it is raining, like now we are expecting the rains, there will be floods. Nyando, Muhoroni, Nyakach, Busia and the whole of the coastal region will flood. I do not understand why we cannot fix these things, once and for all. When I was young, the floods and droughts were there. However, up to now, no structures of irrigation have been put in place. It is important that we walk the talk. We need to construct the dams in strategic areas. This way, we will do away with the challenges brought by drought and floods. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Madam Temporary Speaker, for giving me this opportunity to contribute to this very important Motion. For the first time in this country, we have recognised that irrigation is an important aspect of development and are coming up with a Bill to regulate it. The Bill also promotes the development and management of irrigation in this country. Kenya is said to be an agricultural country, and agriculture is supposed to be the main driver of our economy. Regrettably, we do little about agriculture since we depend on rain water for our agricultural produce. In fact, no country has developed its food production by depending 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 rise to support this Bill. Water is such an important ingredient in our everyday life. If you consider the fact that as human beings, 80 percent of our body mass is water, then you can see who the most endangered species on the planet earth is. The deprivation of water in any form or in any occasion will indeed lead to disastrous results. Before I go to the merits of the Bill, I have noted that this Bill has consistently said “in consultation with the county governments”. However, the Bill does not go to elaborate what nature of consultations would be carried out so that at the end of the day, we do not want to create an act of Parliament eventually which will then develop many disputes. We may end up spending more and endless times in the dispute resolution mechanisms. The drafters of the Bill should carefully look at that and, rather than create a major problem, see how we can alleviate those problems within the process of this Bill passing through the Committee stage. Having said that, on merit, I accept that this Bill is long overdue. Clause 3(2) says:- “Upon the commencement of this Act, no irrigation development may be carried out in Kenya other than this Act. We have county governments and they may have their programmes. So, let us not limit them in carrying out their responsibilities because that mandate is given to them by an Act of Parliament. I take consolation in Section 5 of this Bill. In discharging the functions of this Act, there are many provisions of the Constitution that have been brought on board such as Article 10 of the Constitution that deals with governance and devolution. Therefore, all those details must be taken into account. There is Article 43 of the Constitution which elaborately talks about the economic and social rights. These rights include and are not limited to only health, housing, freedom from hunger, clean water, social security and education. Article 60 of the Constitution is also there and it deals with land policy. It talks of how the land is to be managed in a given county and the relationship between the National Land Commission and the county governments. It also addresses the issue of how to discharge those responsibilities. This Section also takes into account Article 232 of the Constitution which talks of the efficient, effective and economic use of 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

Thank you, Madam Temporary Speaker, for giving me this chance to contribute to this Bill. This is a very important Bill in the history of Kenya, given that our country is not food secure. This Bill will serve to turn around the trend. Most people in Kenya are living in deplorable conditions. They experience famine and are not able to feed their families. When we have such a Bill, then it is imperative that we support it. In Taita-Taveta County, where I come from, we have a lot of land that can be used for farming, but there is no water. We have water bodies, but they are not available to the farms. The water bodies include Lake Chala and Lake Jipe. We also have huge opportunities for irrigation, where we can arrest water after it rains. A lot of water runs into the ocean and I always tell my people that we have no tender for filling the Indian Ocean with rain water. This water can easily be taped using check dams. There are efforts that have been done towards irrigation, but they have been uncoordinated and sporadic. But with such a legislative framework, this will go a long way into improving the nature of approach to doing irrigation. There are very many problems afflicting people in Kenya, particularly, in Taita- Taveta County. There is poverty, low literacy levels, poor farming, environmental degradation, deforestation and so on. These can be sorted out by this kind of a Bill. Once we have water available for irrigation, we can increase food productivity and income for our people. People will be able to pay for the education of their children. Definitely, their livelihood will be improved. Our economy basically is agricultural based. Where I come from, we grow horticultural crops and other types of cash crops, but without irrigation the performance is very poor. I am looking at counties that have performed better because of employing irrigation. An example is the neighbouring Makueni County. The incomes of their people have grown significantly because of irrigation. Makueni County is now exporting mangoes in high quantities. They are doing value addition courtesy of irrigation. Therefore, this Bill must be supported. I would have contributed comprehensively if I had a copy of the Bill. Unfortunately, I have not been able to get hold of a copy of it. In the subsequent discussions on this Bill, I should be able to contribute even better, but we have to support it. We have huge opportunities of growing our economy through availing of water to our people. With regard to livestock farming, Taita Taveta County is a disease free zone. The Masaais and the Somalis have invested in livestock, but they do not do value addition to their animals because of lack of adequate water. If they had adequate water, they could have feedlots. This is a concept borrowed from Botswana where animals are fattened, slaughtered and exported to earn more income for farmers. With adequate water for irrigation, we, as a country, can do reforestation and increase our forest cover. In the 1990s, our rivers had adequate water. We used to do a lot of irrigation. Today, we cannot do irrigation from the river sources because of environmental degradation. If we can use the several methods of irrigation that are contemplated in the Bill, we will increase forest cover in our country and have enough rainfall. I am sure in the next 40-50 years, we will have enough forest cover as it was in the 1980s and 1990s. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Madam Temporary Speaker for giving me a chance to also support this important Bill. From the onset, this is a very important Bill. It has come at the right time when Kenya needs to have a framework on food security. It has come at a time when we import food for our people. Whether it rains or not, a bigger percentage of Kenyan families are crying because they are not able to provide food for their children. Food is very expensive in this country. Many Kenyans today cannot afford a meal. Therefore, this Bill gives a framework on development and management of irrigation in our country which is very important because food is not only a basic need, but also a constitutional right. The most important aspect in this Bill is the issue of water. The national Government, in consultation with the county governments, must put in place strategies to make sure that Kenyans get adequate water either through water harvesting when it rains or constructing boreholes which will be used for irrigation. This House needs to support county governments to come up with strategies that will help them get adequate water for irrigation. I am also impressed by the issue of capacity building in this Bill. Officers serving in the county government need to be empowered in terms of how to go about irrigation and how to add value to their produce from the farms. We have counties that have huge pieces of land, for example, Kajiado County and other arid and semi arid counties. However, many of them do not have the capacity to do irrigation and add value to their products. If we build the capacity of our people and show them that they are able to change from other traditional ways of getting water to irrigation, we shall have improved our economy. Today, we have quite a number of conflicts in our counties because of livestock moving from one county to another. Yesterday, I read somewhere in the social media that the Nairobi County Government is chasing livestock farmers from Nairobi. They want them to go to back to their home counties. All these conflicts come up because of the issue of pasture. Therefore, irrigation will helps us to get enough food for our people and also get waste for our farms which will help us to feed our animals and help reduce the movement of animals from one county to neighbouring counties. I got the Bill late. The House should ensure that Members get the Bill on time. As I was reading it, I saw an authority will be put in place to provide irrigation services. This country also needs to look into the works of these authorities. At times, we establish authorities and we fail to get services from them. In the past, we used to have extension services for our farmers from the Ministry of Agriculture. Experts would visit 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

Thank you, Madam Temporary Speaker, for giving me this chance to contribute to this Bill and share my thoughts as well. From the onset, I support this Bill. I find the thoughts that have been shared in this Bill quite encouraging to us as a country. It is also shocking as has been observed by many of my colleagues who have spoken before, that as a nation, we have survived without this kind of a Bill for this long. This is despite the fact that we consider ourselves an agricultural economy and we say that it is our mainstay yet for a long time, we did not have laws to regulate such an important facet. It is such a direct and important aspect that affects our economy and even goes into threatening the very livelihood of the country. I must say that there are many things that I agree with in this Bill. In the next few minutes, I will share my thoughts in the things that have been pointed out herein, my experiences as a legislator and the things that I see and feel that will be important for us to consider as we read through and give our thoughts. Even as we move to the Committee Stage, there are a few things that I also wish to propose that they be changed in this Bill. I know the Sponsor of the Bill will take into consideration all the suggestions that will be brought forth today. The very first thing that I want to take exception to as specified in this Bill is that there are many times that we get Bills coming into this House establishing such and such an authority. There is one particular issue that I have always tried to raise on the Floor of this House but nobody seems to be listening. That is, for every authority that we set up in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Madam Temporary Speaker, for giving me the chance to also add my sentiments on this Bill. From the outset, I support it. It is long overdue and should have been passed a long time ago. Turkana County, where I come from, has suffered from hunger for so long even before Independence. Kenya having been independent for 54 years, you would hope that the governments that have been in place would have done something to stop such catastrophes happening in Turkana. Unfortunately, that did not happen. I hope that with the passage of this Bill changes will start taking place. I always say that it does not matter how many boards and responsibilities we create. What really matters is what we will do to solve the problem. As a trained scientist, I always want to know where the problem is and then look for a solution. So, if we know that Turkana suffers from hunger I would expect somebody to go out there and say: “Let us do something to stop hunger every year.” Unfortunately, that has not happened. I am glad that today, as we discuss this Bill, there will be a joint effort between the National Government and county governments. The good thing is that the governor of County No.23 has already stated that the next five years will be spent on looking for water for Turkana and trying to solve hunger problems. 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 wish to contribute to this Bill and say that I support it from the outset. The problem with Kenya is not writing good papers. We are very good at that and creating organisations which in the end do not implement anything. I hope that this Bill does not fall in the same category. We have the National Irrigation Board, but what has it done? The Bura Irrigation Scheme has been in existence for many years. In the early years it used to function very well and a lot of crops used to be produced. But if you go there now you will not find anything. There was the Ahero Irrigation Scheme where there used to be a lot of rice. What is there now? Nothing! The Mwea Irrigation Scheme used to be very good, but nowadays it has many problems. Irrigation is important to Kenya because it will ensure food security, but if we do things in piecemeal and give people small plots of land it might not be very helpful. I hope that the issue of large scale irrigation farms will be introduced, so that commercial farmers come into play and then the country will get enough food. Clause 5 (k), says that the authority, in collaboration with county governments and other stakeholders, promote the marketing and processing of crops, animal and fish products grown. There will be a lot of complications and infighting over who is supposed to be in charge of these. When you talk of marketing of crops, animals and fish, there will be a lot of problems. There are overlaps with the Kenya Meat Commission (KMC), the Horticultural Crops Development Authority (HCDA), the Kenya Tea Development Agency (KTDA). Issues like these should be avoided. So, we need to do something in the Committee Stage to remove some of these things. I concur with what my friend, Sen. Cheruiyot, said about the issue of establishing the headquarters. Why do we want to establish the irrigation headquarters here? Why do we not take it to Bura, Hola, and Turkwell or wherever where irrigation schemes are in place? Do we want to do everything in Nairobi? That will not be very helpful. I also want to comment on the membership of the board that Sen. Cheruiyot also mentioned. We already have the chairman, the Principal Secretaries or their designate from the State Department of Irrigation, Finance and then we want to give the Cabinet Secretary (CS) to appoint seven more and allow the county governments to bring only two. The county governments should be allowed at least four out of the seven, so that there are three appointees of the CS and then there are other two from the Ministry. 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

Thank you, Madam Temporary Speaker, for giving me this opportunity to contribute to this Motion. This is a very important Bill seeing that it seeks to ensure this country is food secure and counties that suffer water shortages make good use of this water which is a scarce resource in our country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Madam Temporary Speaker, I stand to firmly support the Bill because it speaks volume to me as a person. I feel it is the only way our nation can overcome the many problems that we are in today. One, when you put into consideration the challenge that comes with climate change which has negative impact on eco-systems, water resources, food and also health. Unless we plan in advance then the years to come many of us or the generation that will come after us will face a lot of challenges and that is why we need to support this. Although, we feel that it is already late, but it is better that we pass this Bill and implement it as soon as possible so that we can benefit from it. The Bill will have positive and great impact on the big four agenda that we are focusing on as a nation. It will take care of our livelihood, health and many things. We all know that without water there is no life. Many of the hon. Members have mentioned how much we have lost in the past and how we continue losing a lot of water. That is why it is important to continue making noise and say it is important for us to harvest enough water. I was born, brought up and still live in an area that is very dry; where we carry water and we continue carrying water for 20kilometres.You must use Kshs.80and above to get 20 litres of water in today’s world. Sometimes it is difficult to even get the 20 litres of water which in the city someone can just flash. For a pastoralist like me, sometimes I feel like I can even transfer the water that I use at home today so that I can help my people on the ground. The demand on the ground is what pushes us, as legislators, to pass this Bill as soon as yesterday. You know very well that many of our youths are suffering because of lack of employment. This Bill will take care of them. About 70-75 per cent of Kenyans are the young people who are so hopeless today and have nowhere to go. Some are graduates and have no formal employment. Others have gone to drugs, alcoholism while others have been radicalized. It is our responsibility as the leaders today to plan and take care of them. A lot of our land is arable. If we all visit Israel today, we will see how the Israelites have transformed their desert to a place where they harvest enough food. In Kenya, the soil of the land God has given us is 100 times better than that. Through this Bill, we will be able to move towards that direction of transforming the lives of our people. We will be able to create jobs for them, we will have a healthy society, we will reduce their poverty level and we will be proud of this nation that God has given us. Therefore, I beg to support the Bill. Thank you.

Thank you, Madam Temporary Speaker. I support this Bill and I thank its authors for bringing it. It is timely. My hope is that it will be implemented as soon as possible. The Board that will be charged with its implementation will be put in place carefully to ensure that it has got members who have the interest of the people at heart. 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 Speaker. I was almost getting worried that you have forgotten me. I resonate with this Bill. Having worked in the water sector, I have one or two insights about water. I also come from a County that feeds Nairobi through irrigation. Kirinyaga County has a lot of irrigation, including the Mwea Irrigation Scheme. Madam Temporary Speaker, from a strategic point of view, it is important from the onset that we look at the irrigation in a strategic way. I have in mind that the authority should be able to ensure that in the counties where we will do irrigation, there is special planning or mapping to ensure that counties do enjoy comparative advantage. We should avoid a situation where we encourage irrigation and we over produce one type of crop. When we talk about comparative advantage, we need to see counties producing what they can produce better, given the environment where they are situated. It is important that the authority be able to do that. Sen. Mugo has emphasised a point that I also wanted to emphasis on why for many years the National Irrigation Board has been referred to as “slaves have no use”. That is, when it is translated in Kikuyu or in

. So, this idea of giving potable water in areas of irrigation cannot be over emphasised. 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.) Kamar): Sen. Haji Farhiya Ali.

Thank you, Madam Temporary Speaker, for giving me an opportunity to contribute to this Bill. One of the issues that this Bill will address is food security which speaks to my heart. I come from Wajir County which has 10 per cent of the total land of this country, yet, year in, year out, we go into a food crisis mode because of food insecurity which leads to death of people. The other reason why I fully support this Bill is because it speaks to the big Four Agenda of the Jubilee Manifesto. Jubilee is my party, therefore, I support the Jubilee Manifesto that we sold to this country and got elected. The other reason why I support this Bill is because I come from a conflict zone area due to food insecurity. If everybody had food on their table, conflicts could be minimized and the people of Wajir will benefit more because they will stop fighting 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. Wetangula, it is your turn.

Thank you, Madam Temporary Speaker.

You have only four minutes and you can continue next time.

Madam Temporary Speaker, I have an hour. Right?

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Hon. Senate Minority Leader, you have a balance of 56 minutes.

Thank you.

Hon. Senators, it is now 6.30 p.m. It is time to adjourn the House. The Senate, therefore, stands adjourned until Tuesday, 20th February, 2018 at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate