Hon. Members, I wish to bring to the attention of the House the presence in the Speaker's Row of Members of the North West Provincial Legislature of the Republic of South Africa. They are:- The Hon. K.V. Kekesi, MP, Leader of Delegation, The Hon. Y. Makume, MP The Hon. P. Mocumi, MP The Hon. L.M. Molema, MP The Hon. M. Mahlakeng, MP The Hon. R. Matlholwa, MP The Hon. M. Mokomele, MP The Hon. S. Mokaila, MP The Hon. O.N. Hantise, MP Hon. Members, this is a delegation of Members of the Quality of Life and Status of Women Standing Committee who are on a study tour. They are accompanied by Mr. C. Tinise and Mr. O. Ntehelang. I take this opportunity, on your behalf and on my own behalf, to welcome them to our country and wish them a happy and enjoyable stay in Kenya. Thank you.

Mr. Speaker, Sir, on behalf of the Departmental Committee on Administration of Justice and Legal Affairs, I wish to give notice of the following Motion:- THAT, this House adopts the Report of the Departmental Committee on Administration of Justice and Legal Affairs on the deliberation on the nomination of Commissioners to the Kenya National Commission on Human Rights (KNCHR) laid on the Table of the House on Tuesday, 18th July, 2006. 2116

On a point of order, Mr. Speaker, Sir. Some strange gadget has been thrown on the Floor of the House from the Gallery!

Who has it and where is it?

On a point of order, Mr. Speaker, Sir. Do we have security in this House? This document here has been thrown from the Gallery and it has fallen here! This is the strangest thing I have seen since I came to this Parliament!

It is indeed strange!

Mr. Speaker, Sir, the man has been whisked away by the security men as we speak.

Order, hon. Members! Do not legitimise an illegality! I think this is awful and all the years I have been here I have never seen a thing like this. I think the security of this House must be enhanced. It could have been worse. I urge all strangers to behave themselves when they are in the House. I request the Serjeant-at-Arms to take special precautions to ensure the safety of hon. Members, staff and all those people who visit this building. For that reason, I think we will be a little more vigilant beginning from the points of entry into Parliament; the gates themselves. Any stranger who misbehaves here must be dealt with and I hope the Clerk of the National Assembly and the Serjeant-at-Arms will pursue this matter to its logical conclusion. In the meantime, could the Clerks-at-the-Table remove this strange thing and dispose of it as quickly as possible? I would like to have a report on this whole incident and I think appropriate legal action should be taken.

Order, hon. Members! As this was happening, I think there was also a mobile phone ringing which I suspect again was from the Gallery!

No, Mr. Speaker, Sir, it was Mr. Wanjala's phone!

Mr. Wanjala, would you like to own up?

Mr. Speaker, Sir, it is true that it was my phone. I forgot to switch it off. I apologise and I have switched it off straightaway.

Now, ensure that you do not have it on again. I think, hon. Members, strangers and all visitors must respect this House. Everybody must do that! All right! All forgiven! Do not attempt again. July 18, 2006 PARLIAMENTARY DEBATES 2117

Order! Before I come to hon. Prof. Oniang'o, there was a Notice of Motion by hon. Ms. Abdalla. I am informed that she has not laid any Paper on the Table. So, if the Paper has not been laid, the notice of Motion was improper and, therefore, deemed not to have been given.

Mr. Speaker, Sir, I beg to give Notice of the following Motion. THAT, in view of the fact that Kenya has continued to persistently experience famine and drought; considering that hunger has been experienced every year without any permanent solution by the Government; cognizant of the fact that the famine has been declared a national disaster and that there is no law or special body to take care of famine issues in Kenya; this House do grant leave for the introduction of a Bill entitled "The National Famine and Drought Management Bill 2006" to establish a legal framework to address famine-related issues.

Hon. Members, before we proceed with our Business including Questions, I would like to bring to your attention the existence of a Supplementary Order Paper. The effect of this Supplementary Order Paper is to replace the Ministry of Education as the main business for today with the Ministry of Roads and Public Works. The reason for this is that, the Ministry of Education was not prepared to proceed. We are grateful to the Minister for Roads and Public Works for stepping in at very short notice to move this Vote. I hope hon. Members will bear with us and continue with the Debate on this Vote.

Mr. Speaker, Sir, I beg to ask the Minister for Energy the following Question by Private Notice. (a) What is the quantity and quality of the coal which has been found in the Mui and Yoonye basins in Mwingi South and Mutito constituencies respectively? (b) Could the Minister inform the House whether the environmental impact assessment has been carried out in the area and table the report of the exercise if it has been undertaken? (c) How many local and foreign companies have declared interest in the exploration? 2118 PARLIAMENTARY DEBATES July 18, 2006 (d) Why has the local community been left out and what is the Government doing to involve them?

Mr. Speaker, Sir, on behalf of the Ministry of Energy I beg to reply. (a) The quantity of coal in Mui and Yoonye basins in Mwingi South and Mutito constituencies respectively, has not been ascertained and the ongoing drilling is to collect data that would enable the Ministry to determine not only the tonnage of coal reserves in both basins, but also the quality. However, preliminary results of chemical analysis done both locally, and in South Africa, are encouraging as they have revealed that the quality is quite good. (b) As stated above, the ongoing drilling is purely investigative, aimed at collecting data that would enable the Ministry to not only determine the quantity and quality of the available coal reserves but also to make informal decision on the economic viability of the project. Given this situation, environmental impact assessment will only be undertaken when the coal deposit is found to be commercially viable for exploration. (c) There are no local or foreign companies which have declared interest in the exploration. However, exploratory drilling has been contracted out to a local firm to speed up the exercise in conjunction with the Ministry of Energy. The decision to advertise for expression of interest by local and foreign companies will be made if the current exploration activities indicate presence of commercial coal deposits. (d) The local community and other stakeholders have not been left out but would be involved at an opportune time after the Ministry has ascertained the commercial viability of the resource and a decision made subsequently for its exploration.

Mr. Speaker, Sir, it seems there is a conspiracy of silence between the Government and some local firms which have international interests---

Order! You have made a serious allegation! Can you prove that there is a conspiracy?

Yes, Mr. Speaker, Sir! I am just about to do that! The Government has been advertising to source companies which have an interest in drilling to be commissioned to do this work. The Minister has said that one of them has already been commissioned, yet they are saying that they have not even prepared an environmental impact assessment report. I have got a copy of an advertisement by the Ministry asking for the same exercise to be carried out, yet they are saying they have no need for those services. I am willing to table this document to prove that.

What is the question?

Mr. Speaker, Sir, which are these firms that have been used for the initial exploration? Could the Minister name the companies and the directors?

Mr. Speaker, Sir, the information he is seeking is the same information I have given to the House; that we have identified a local company which is trying to get data concerning the project. If we find that the coal which we have already identified is economically viable, we will then advertise for the normal tendering for companies that will do the exploration. Until we do that or get the coal, we cannot go very far because we have not found it.

Mr. Speaker, Sir, the hon. Member has raised a very serious issue of conspiracy. When the Minister was answering the Question, he deliberately refused to disclose the name of the company and the directors. That supports what the hon. Member has suggested, that July 18, 2006 PARLIAMENTARY DEBATES 2119 there is a conspiracy. What is the big deal about disclosing the name of the company and the directors?

Mr. Speaker, Sir, if you look at the Question raised by the hon. Member, there is nowhere where he has asked that we disclose the names of the directors. In any case, I do not have them. This is public information. If the hon. Member wants me to, I can provide it. I have no doubt in my mind that I do not have it.

Mr. Speaker, Sir, the Minister is deliberately avoiding to tell this House who the directors of this company are because this could be another Anglo Leasing in the making. I compel the Minister to table the name of the company and the names of the directors!

Order! If the Minister pleases, he can give the name of the company. But as for the names of the directors, you are at liberty to go to the companies registry.

Mr. Speaker, Sir, I undertake to give the details as directed by the Chair.

When?

Anytime the Chair directs me to do it; even during the next sitting.

On a point of order, Mr. Speaker, Sir. Would I be in order to ask the Minister to give the details on the criteria used in identifying that local company?

Mr. Speaker, Sir, we are transparent. We will give all the information that is required but the country must know that since Kenya was applauded as the only country now in Africa which has 95 per cent of its budget based on local resources, we want to expand our revenue base. We are making an effort to exploit our natural resources.

Mr. Obwocha, you will bring the information I have directed you to bring on Tuesday next week and that is the end of the matter. Next Question! SCRAPPING OF SECONDARY SCHOOLS BURSARY

Mr. Speaker, Sir, I beg to ask the Minister for Education the following Question by Private Notice. (a) Why has the Government scrapped bursary for secondary schools under Ministry of Education? (b) How much money had been allocated for bursary in the years 2004/2005 and 2005/2006? (c) Could the Government reconsider this decision?

Mr. Speaker, Sir, I beg to reply. (a) The bursary for secondary schools has not been scrapped. It has merely been transferred from the Ministry of Education to the Ministry of Finance for management under the Constituencies Development Fund. Previously, it was budgeted under the Ministry of Education but disbursed directly to the Constituencies Bursary Fund which is managed by the Constituency Bursary Committees. (b) The Government allocated secondary schools bursary in 2004 and 2005 as follows: 2004-2005, Kshs770 million and 2005 to 2006, Kshs800 million. The issue of reconsidering the decision requires wide consultations among the relevant Government institutions, Parliament and other stakeholders. What is critical is that the bursary is properly managed to target the needy students.

Mr. Speaker, Sir, in the first place, the Ministry of Education did not bother to consult Parliament on that issue. They did not bother to find out whether we are interested 2120 PARLIAMENTARY DEBATES July 18, 2006 in managing those funds. At this rate, it appears that next time this Ministry will give us money to pay teachers' salaries. There are constituencies which were getting Kshs10 million for bursaries but are now getting Kshs40 million under the Constituencies Development Fund. Where will they get the deficit from?

Mr. Speaker, Sir, I think that question is better directed to the Ministry of Finance which allocates the money to the other Ministries.

Mr. Speaker, Sir, it appears that this Ministry does not know the usefulness of bursary to our needy students in the rural areas. How much money has been surrendered to the Ministry of Finance? How much did they request and were denied? Why were they denied this money?

Mr. Speaker, Sir, we had requested the same amount; a little over Kshs800 million for bursaries. As a Ministry, we know the value of bursaries to all children, including those in the ASAL areas and not just those in the rural areas. The allocation of funds is done by the Ministry of Finance. Whereas we had requested those funds, the Ministry of Finance, in their wisdom, found it better to manage these funds since the money goes directly to the constituency. The Ministry of Education channels all its funds to the constituencies. The Ministry does not disburse any money. The Ministry of Finance found it prudent to send it direct to the constituencies.

Mr. Speaker, Sir, we have the Ministry of Finance budget in the Printed Estimates; from page 333 up to page 369. There is not a single item mentioning the bursary funds. Could the Assistant Minister state categorically that the NARC Government has withdrawn the Bursary Fund and left it to the Constituencies Development Fund?

Mr. Speaker, Sir, that is not my understanding of the Budget Speech. My understanding is that the money for bursaries will be remitted directly to the constituencies through the Constituencies Development Fund (CDF).

On a point of order, Mr. Speaker, Sir. Is it in order for the Assistant Minister to deceive the House---

Order, Mr. Owino! That is not parliamentary language! Could you withdraw that remark and apologise to the House?

Mr. Speaker, Sir, I am sorry for using the word "deceive". Is it in order for the Assistant Minister to mislead this House by telling us that the money has been factored in the CDF, and yet it is not there?

Mr. Speaker, Sir, as a Ministry, we understood that the money will be channelled by the Treasury through the CDF. So, the bursary money is within the CDF allocation.

Mr. Speaker, Sir, all hon. Members know the purpose of the Printed Estimates presented before this Parliament. We know why we tax our people. There is no single Item in this Budget that refers to bursaries for secondary schools. The Assistant Minister should not take this House for a ride by saying that the money is reflected in the Printed Estimates when we know it is not there. Could she bring to this House the Printed Estimates that contain the Item for bursaries?

Mr. Speaker, Sir, once the district allocations have been done, I am sure the bursary money will be reflected. I am telling this House what my Ministry was informed by the Ministry of Finance.

Mr. Speaker, Sir, direct the Assistant Minister to bring the Printed Estimates tomorrow! July 18, 2006 PARLIAMENTARY DEBATES 2121

Order, hon. Members! I will not direct her to do that because if we did not have a Supplementary Order Paper, we could be discussing the Ministry of Education Vote. You will have an opportunity next week to discuss that Vote!

No! We will shoot down her Vote!

Order, hon. Members! Kama mtapitisha pesa kwa Wizara ya Elimu au la,

Mr. Speaker, Sir, first of all, I would like to remind the Assistant Minister that when I served as the Minister for Education, for an aggregate period of ten years, I initiated the bursary programme. History will judge the current Acting Minister for Education harshly for abolishing money meant for the poor. What will be the fate of the orphans and poor children of this country who attend secondary schools?

Mr. Speaker, Sir, may I remind the hon. Member that when he was the Minister for Education, they dished out that money only to their children, while Kenyan children went without education. It is during the NARC leadership that we have over 1.8 million children going to school. We have ensured that every child goes to school. Why do we not wait for the Printed Estimates just as the honourable Speaker has directed?

Order! We will not spend the whole afternoon on one Question!

asked the Minister of State for Defence:- (a) how much Kenya has been paid by the United Nations for its troops serving in peace-keeping missions in the last three years; (b) how much is owed to Kenya; and, (c) which account the money goes into once it is reimbursed by the United Nations.

Mr. Speaker, Sir, I beg to reply. (a) For the last three years, the Government of Kenya, through the Kenya Permanent Mission in the United Nations in New York, has been reimbursed Kshs8,348,393,592.40 by the United Nations for its troops serving in peace keeping missions. (b) The outstanding amount expected by the Government of Kenya from the United Nations is Kshs1.5 billion. (c) Reimbursements by the United Nations are factored in the Ministry's budget as Appropriations-in-Aid and are directly credited to the Ministry's Current Account at the Central 2122 PARLIAMENTARY DEBATES July 18, 2006 Bank of Kenya (CBK).

Mr. Speaker, Sir, do the delayed payments by the United Nations to Kenya lower the morale of our troops who do a good job in the countries to which they have been sent?

Mr. Speaker, Sir, that does not at all lower the morale of our troops. This is because they are given food and other things.

Thank you, Mr. Speaker, Sir. The money the Minister has said his Ministry receives by sending our forces to foreign countries is more than Kshs8 billion. Which account is that money deposited in and which Ministry spends it?

Mr. Speaker, Sir, the hon. Member who is my friend did not listen to my answer. I said that the reimbursement by the United Nations is factored in the Ministry's budget as Appropriations-in-Aid and is directly credited to the Ministry's Current Account at the CBK.

Mr. Speaker, Sir, it is important to shed some light on this colossal amount of money that we receive from the United Nations. Mr. Speaker, Sir, could the Minister specify, or clarify, what the money is meant for? Are we being paid for our services? Is it salaries or allowances of those soldiers? Which Ministry receives the money? Is it the Ministry of State for Defence or the Ministry of Finance?

Mr. Speaker, Sir, the money goes to the Ministry of State for Defence through the Ministry of Finance. The money is spent by the Ministry of State for Defence appropriately. That money is reflected as Appropriations-in-Aid in the Ministry's budget.

Mr. Speaker, Sir, in the past, there has been rampant corruption with regard to the soldiers who are considered for peace-keeping missions. A soldier has to give a bribe in order to be given a chance to serve in the peace-keeping missions. Mr. Speaker, Sir, is the Minister satisfied that he has put in place a good mechanism to ensure that there is no corruption in that respect and that the soldiers who have not had a chance to serve in the UN peace-keeping missions are accorded that chance?

Mr. Speaker, Sir, there used to be corruption with regard to that money. However, the mechanism we have put in place ensures that nobody can steal even a single cent. If one dares steal that money, everybody will know what will happen to him or her.

Mr. Speaker, Sir, Mr. J. Nyagah has said that there was corruption at that time. Could he confirm that he perpetrated that corruption because he was once a Minister of State?

Mr. Speaker, Sir, many soldiers from my constituency who tried to go and serve in the UN peace-keeping missions found it very difficult. They told me that one had to bribe in order to be given a chance. I was referring to that. I wanted to know whether the vice is still continuing.

Mr. Speaker, Sir, the vice is not there. That is history.

asked the Minister of State for Administration and National Security:- (a) whether he is aware that on 30th June, 2005, 70 police officers attacked and harassed Mr. Musa Malakwen Mitei (ex-P.C. No.55816); (b) whether he is further aware that the police officers exhumed the body from a grave within the compound of the named former officer; and, July 18, 2006 PARLIAMENTARY DEBATES 2123 (c) why he was arrested and detained for 30 hours at the Eldama Ravine Police Station.

Mr. Speaker, Sir, I beg to reply. (a) I am not aware that Mr. Musa Malakwen Mitei was attacked and harassed. However, I am aware that the ex-police officer was lawfully arrested on 30th June, 2005 by about ten and not 70 police officers to facilitate investigations into a criminal case. (b) I am not aware. (c) The ex-police officer was arrested and detained to facilitate investigations into a robbery with violence case. The Occurrence Book (OB) No.36/30/06/2005 confirms that the suspect was detained for less than 24 hours which is within limitation period and not 30 hours as alleged.

Mr. Speaker, Sir, the Assistant Minister is misleading this House. The 70 police officers who visited Malakwen's home came in a lorry and a Land Rover. If they were ten officers, they would not have required those two vehicles. The brothers were fighting and one of them decided to go and report to the police that Mr. Malakwen had a gun. The police went to his home, searched and even opened the grave of his grandmother who died many years ago. The Assistant Minister should look for correct answers and not the kind of answer he has given to this House. This is because I am a neighbour to Mr. Malakwen.

Mr. Speaker, Sir, what the hon. Member has done is to confirm that there was a report about Mr. Mitei. The report necessitated investigation. That is why ten police officers were sent to his home to arrest him.

Mr. Speaker, Sir, the Assistant Minister is not telling us why they carried out investigation. If police officers act on rumours and not facts, then this country is in chaos. I would like him to further investigate this matter because it is not true that Mr. Mitei committed any crime.

Mr. Speaker, Sir, the person we are talking about here is an ex-police officer who was dismissed from service because he committed a crime. He was arrested, charged in court, found guilty and sentenced to two years imprisonment. Later on, other allegations were levelled against him. So we are talking about a hardened criminal. We are not talking about a peace-loving citizen. That is why he was arrested to facilitate investigation.

Last question, Mr. Sirma!

Mr. Speaker, Sir, were there any other grounds of arresting the officer because he was not arrested for committing a criminal offence? The police officers acted on rumours!

Mr. Speaker, Sir, they did not act on rumours. It was reported that the ex- officer had committed a crime and that is why he was arrested.

Hon. Members, Mr. Wario's Question is deferred to next week.

REVIVAL OF MASINGA EKALAKALA WATER PROJECT 2124 PARLIAMENTARY DEBATES July 18, 2006

asked the Minister for Water and Irrigation:- (a) if he is aware that water pipes worth millions of shillings will go to waste as a result of the stalled Masinga Ekalakala Water Project; and, (b) what measures he is taking to revive the project.

Mr. Speaker, Sir, I beg to reply. (a) Yes, I am aware that Kshs800,000 was spent in the Financial Year 1988/1989 on purchasing of pipes and fencing of a tank site for the proposed Masinga Water Supply Project. The pipes were laid for Ekalakala distribution line. However, this line has never been utilized because the other components of the Masinga Water Project were not constructed due to lack of funding. The project was estimated to cost Kshs122 million. (b) My Ministry is undertaking review of Masinga Water Project with a view to connecting it to the existing Masinga-Kitui Water Pipeline. Once the review is completed and the cost estimate established, my Ministry will include the project in its Forward Budget for the Financial Year 2007/2008.

Mr. Speaker, Sir, you have heard what the Assistant Minister said. This is a very important project in my constituency. It was meant to serve Masinga, Kangonde, Ekalakala and Ekatini locations. It is now 15 years down the line since this project stalled. Mr. Speaker, Sir, it is almost four years since this Government came to power and I wonder why it has been overlooking this project. What are these other components that have caused the Ministry not to utilise that line?

Mr. Speaker, Sir, as I said, this project proved to be fairly expensive. However, if we can finish with the design and survey works, we can connect it to Masinga-Kitui Water Project.

Mr. Speaker, Sir, I beg to differ with the Assistant Minister because I took the survey plan to the Ministry and presented it to the Minister. There are about 500 pipes which are still lying at the DO's office. What directives can he give so that these pipes are laid down?

Mr. Speaker, Sir, I did not get the question. Could the hon. Member repeat the question?

Mr. Speaker, Sir, there are about 500 pipes still lying at the DO's office. I gave the survey plan to the Minister. What is the Ministry doing to make sure that the 500 pipes are laid down?

Mr. Speaker, Sir, my Ministry has undertaken to do all the surveys. The project will be factored in the Financial Year 2007/2008. Most of the pipes---

On a point of order, Mr. Speaker, Sir. The Assistant Minister---

Order, hon. Members! Mr. Mbai, let us have order in this House! We will not have two hon. Members quarrelling across the Table. Mr. Mbai, you have no legs to stand on if you have not caught my eye! For the time being, you have no legs! Proceed, Mr. Wanjala!

Mr. Speaker, Sir, my Ministry is undertaking a review of those pipes and we may connect them to the existing Masinga-Kitui Water Pipeline.

Mr. Speaker, Sir, ---

Order, Mr. Mbai! Who has given you the Floor? Anyway, what is it?

Mr. Speaker, Sir, the Assistant Minister is not aware of what is happening in his Ministry. Survey works were done about two months ago. I presented the survey plan to the Minister. Why is he saying that survey works are still being done? Could he tell the House what he will do to make sure that Masinga and Ekalakala locations get water? July 18, 2006 PARLIAMENTARY DEBATES 2125

Mr. Speaker, Sir, it is true the first survey was completed in 1988, but it proved to be fairly expensive. That is why we are redesigning the project.

Next Question, Mr. Mbau!

, on behalf of

, asked the Minister for Roads and Public Works:- (a) if he is aware that a seminar for stakeholders in the roads sector for Maragwa District was held in July, 2005 in preparation for the start of Roads 2000 programme repair activities; and, (b) when the implementation of the programme which affects several districts will commence.

Mr. Speaker, Sir, I beg to reply. (a) I am aware that the stakeholders in the roads sector who selected and prioritized the roads in Maragwa District to be improved under the Roads 2000 Programme held a seminar in July, 2005. (b) The implementation of the programme is set to commence this Financial Year, 2006/2007. Preparation for the programme was finalized in October, 2005 and was finally approved by the AFD Board in mid-January, 2006. The financing agreement was signed on 23rd May, 2006 while the procurement of the consultancy to assist in the implementation and supervision of the programme is also in progress.

Mr. Speaker, Sir, we know that the Roads 2000 Programme funds will be used to gravel-patch and fill the pot holes on our roads. If what they will do is what the District Roads Committees (DRCs) have been doing in the districts, why involve consultants instead of directing this money through the DRC? There are enough people to do this job. It is a pity that a lot of this money will go into consultancy.

Mr. Speaker, Sir, we held a consultative meeting with all the hon. Members from the three districts concerned. That issue was raised during the meeting and we agreed that, as soon as the representative of AFD is back in Kenya, because she was away in France, we will be able to get another consultative meeting with the AFD representative so that, that issue can be thrashed out. We will also find out the possibility of doing all gravel instead of gravel-patching.

Mr. Speaker, Sir, when Roads 2000 Programme was started a few years ago, in my view, it was a total failure. Is the Assistant Minister satisfied that the New Roads 2000 Programme is going to work? Previously, it did not work, at least, in my district.

Mr. Speaker, Sir, I am satisfied that the Roads 2000 Programme under the NARC Government is going to work unlike what was happening in the KANU Government. For the first time under the NARC Government, we are holding consultative meetings with hon. Members concerned. That never happened during the allocation of the previous funds to the Eastern Province.

On a point of order, Mr. Speaker, Sir. The hon. Assistant Minister is directly misleading the House by referring to a Government that is called the "NARC Government". As far as we know, the Government we have today is called the Government of National Unity (GNU) and not the NARC Government. Is he in order to mislead the House? 2126 PARLIAMENTARY DEBATES July 18, 2006

What do we have now?

Mr. Speaker, Sir, facts remain the same. Under the KANU Government, there was no consultative meeting between hon. Members for Roads 2000 Programme. Now it is happening.

On a point of order, Mr. Speaker, Sir. Let the Assistant Minister not mislead this House. We had meetings in Siakago with the consultants and engineers and we agreed on what to do. It did not happen. I am, therefore, asking a very simple question and not a political question. Given the problem we had before, is he now satisfied, removing politics, that the project will work as envisaged by the Ministry? That is all I am asking about and not the programme inherited from us!

Mr. Speaker, Sir, I agree with Mr. J. Nyagah. He is the one who can tells this House why it never worked when he was a Minister then. However, I can assure him that now it is going to work.

Mr. Speaker, Sir, I hope that this meeting covered the districts around Murang'a and the rest. How many other districts are covered by this programme?

Mr. Speaker, Sir, there are various development partners who are financing Roads 2000 Programme. This particular programme is financed by the AFD. We have other development partners financing the Roads 2000 Programme projects in the Rift Valley and Nyanza provinces.

Order, Mr. Kagwima! Relax! I think you can put a relevant Question for your side.

Mr. Speaker, Sir, now that they have recognised the importance of stakeholders, we are stakeholders because Nyandarua District is also involved in this programme. We have agreed that we want one road done from one point to another until it is complete. This is what we have agreed. As a Ministry, are they going to support us so that we do not have to be dictated upon by the donors that they want to go gravel-patching? We want one road done so that we can know we have benefitted from this money instead of doing gravel-patching. Is the Ministry going to support us so that we are not dictated upon by these donors?

Mr. Speaker, Sir, I said that we are going to hold another consultative meeting with the donor and those sentiments will be raised by the hon. Members so that the AFD can decide whether to change what is contained in the loan agreement or not.

asked the Minister for Health:- (a) whether she is aware that the Health Act requires every district hospital to have a board; (b) whether she is further aware that Pap Onditi Hospital which has been serving as the district hospital for Nyando District has not had a board for the last years; (c) whether she could confirm that the hospital is rendering adequate services to July 18, 2006 PARLIAMENTARY DEBATES 2127 patients; and, (d) whether she could further undertake to gazette the following persons proposed by the community as members of the Pap Onditi District Hospital Board:- Dr. Jackonia Kisero Awino, Mr. Edward Kiche Osir; Mr.Ondiek Asewe, Ms. Cathrine Ochieng, The Hospital Superintendent; Mrs. Teresa Okinda, Mr. Joe Pius Kayi and Mr. Sam Okello.

Mr. Speaker, Sir, I beg to reply. (a) I am aware (b) I am also aware that the hospital had a gazetted hospital management board whose term expired in December, 2003, amongst other boards countrywide. However, we have received recommendations of the District Development Committee (DDC) whose nominees have been presented to the Minister for consideration, hence for gazettement. (c) I am aware the facility offers the following curative and preventive services such as outpatient services, laboratory, MGH, family planning, maternity and general outpatient services, VCT, PMCT and anti-retroviral therapy similar to other facilities in its status. (d) As stated in (b) above, the Ministry is in the process of undertaking to gazette the names which were recommended by the Nyando DDC during its meeting held on 22nd May, 2006.

Mr. Speaker, Sir, I thank the Assistant Minister for accepting on the Floor of the House that the Ministry has been contravening the Health Act by not appointing a board for two and a half years. I would like to request the Assistant Minister to confirm to the House when this board will be gazetted. The DDC met in May. Now we are in July and we are moving on to August.

Mr. Speaker, Sir, the Ministry has not contravened any Act. The recommendations on the members of the board for several hospitals is done by the DDCs. The hon. Member should take the responsibility for having delayed to recommend the names to the Ministry for two-and-a-half years. It is not the Ministry's fault. We are not able to gazette the board for the hospital because of the names that were recommended. We still lack the women representative whose name has not been forwarded to the Ministry so far. Could the hon. Member go back to the DDC and give us the minutes on the recommendations of that remaining person?

Mr. Speaker, Sir, this hospital serves as the district hospital for Nyando. It has only ten-ward beds. It has no trauma centre or referral unit. It only has one doctor. When is the Ministry going to upgrade this hospital to the status of a district hospital in keeping with what the Health Requirement Act regulations require as to what a district hospital should have?

Mr. Speaker, Sir, may I bring to the notice of the hon. Member that my Ministry has allocated Kshs7.5 million this financial year for the construction of the maternity wards, laundry and mortuary. I expect to give more funds in the next financial year for further development of this hospital.

Order, hon. Members! That brings us to the end of Question Time. We have two Questions unanswered; one by Mr. Kagwima and the other one by Mr. Kombe. They will be put on the Order Paper in the next few days; the balance of the days of the weeks, starting tomorrow. One will be there tomorrow and the other can be there the next day taking priority.

Order! Order, hon. Members! Let me give hon. Opore a few minutes to seek a Ministerial Statement.

Mr. Speaker, Sir, I wish to seek a Ministerial statement from the Minister of State for Administration and Internal Security. Residents of Bonchari Constituency are currently living in a state of fear. This follows the killing of the chairman of the local Community Policing Committee, Mr. Wilson Nyang'au on 13th July, 2006. Last week, armed gangsters shot and killed the late Wilson Nyang'au and two other members. They also injured one other member. Mr. Nyang'au and two others died instantly and the other victim is undergoing treatment in hospital. The late Nyang'au has not yet been buried. The attack was carried out by armed gangsters. Two years ago, or thereabout, the Government mooted and launched the community policing initiative, which the people of Bonchari accepted and implemented.

Mr. Opore, could you now finish up now?

Mr. Speaker, Sir, I wish to know from the Minister what urgent measures he is going to take to ensure that the armed gangsters are arrested. Secondly, what support will the Government give to Bonchari community policing team, so that they assist in the maintenance of law and order in the area? Thirdly, what assistance, financial or otherwise, will the Government give to the affected families?

Thank you. Next order!

Mr. Speaker, Sir, when will the Minister give a Ministerial Statement on this matter?

Order, Mr. Opore! The Minister will get in touch with me and you about it. You should realise that this a Supply Day.

Mr. Speaker, Sir, I beg to July 18, 2006 PARLIAMENTARY DEBATES 2129 move that Mr. Speaker do now leave the Chair. This will enable me to introduce debate on Vote 13, Ministry of Roads and Public Works. The Ministry's mission statement is to achieve excellence in roads, buildings and other public works to support socio-economic needs and aspirations of our people. Our mission is to facilitate provision and maintenance of quality infrastructure, mainly roads, buildings and other public works so as to promote and sustain socio-economic development. The core functions and responsibilities of the Ministry of Roads and Public Works include the following: Road development policy, public works policy, materials testing and advice on usage, public works planning and policy development, development, standardisation and maintenance of roads, development and maintenance of public buildings, maintenance of the inventory of Government property, provision of mechanical and electrical services, co-ordination of procurement of common user items by Government Ministries, maintenance of airstrips, registration of contractors and materials suppliers and the Kenya Roads Board. Mr. Speaker, Sir, the Kenya Roads Board (KRB) is a statutory body charged with the responsibility of---

On a point of order, Mr. Speaker, Sir. There are loud consultations going on. We cannot hear the Minister's presentation.

Order, Order hon. Members! I think we spend a great deal of time in this House asking Questions about roads. Here is the Minister for Roads and Public Works telling you what he intends to do on our roads, yet you cannot listen to him! Could you, please, listen to him? Those who are not interested in this Motion, please take leave! Proceed, Mr. Minister!

Thank you, Mr. Speaker, Sir. The KRB is a statutory body charged with the responsibility of administration of funds derived from the Roads Maintenance Levy Fund, and other funds that may accrue to it. The Board operates under the Kenya Roads Board Act. To be able to accomplish its responsibilities, my Ministry has been pursuing the following strategic objectives: facilitation of adequate provision of physical infrastructure through policy formulation, research design, supervision and regulation of standards to facilitate development and maintenance of infrastructure throughout the country, provision of operational logistics, manpower development and technical support in roads construction and maintenance, mobilisation of resources from both the public and private sector for development, construction and maintenance of roads, facilitation of provision of adequate cost-effective building materials to Kenyans through policy formulation, review of legislation, research on new and low cost building materials and technologies, dissemination of research findings and promotion of innovative technologies, formulation of policy for development and maintenance of public buildings. My Ministry undertakes the above functions under the following expenditure Sub-Heads of Vote 13 - general administration and Planning, buildings and other public works, roads and other services. The state of infrastructure in the country still remains of great concern to all Kenyans. Members of this august House know that over the last two decades the general condition of rural and urban roads in Kenya has been deteriorating due to under investment and inappropriate institutional framework. The poor condition of our roads is affecting quick enhancement of economic growth in our country all around. The challenges in the roads sub-sector cannot be addressed without sufficient funding, improved construction capacity and supervision. The increased funding for roads projects, if backed up by a corresponding construction capacity, will go a long way in addressing the 2130 PARLIAMENTARY DEBATES July 18, 2006 challenges in the roads sub-sector. Further to the foregoing, the Government recognises that the existing institutional framework within the roads sub-sector has not been able to address the challenges in the sub- sector. The existing structure within the Roads Department is quite bureaucratic, and has not been reformed to capture the aspirations and expectations of the changing world. In this regard, the Government has set in motion a number of reforms aimed at addressing these shortcomings as follows. (a) Establishment of three roads authorities once appropriate legislations have gone through this House, hopefully, by December, 2006. The institutions to be established will be the Kenya National Highways Authority; the Kenya Rural Roads Authority; and the Kenya Urban Roads Authority. (b) Realignment of the functions of the various existing organisations such as the Kenya Roads Board and conversion of the three service departments of the Ministry, that is, the Mechanical and Transport Department; Materials Department; and the Kenya Institute of Highways and Building Technology into semi-autonomous Government agencies. (c) Enhance the involvement of the private sector in maintenance of roads and road financing. (d) Increase capacity in the roads subsector. (e) Continue using labour-based methods under the Roads 2000 Programme in order to generate employment opportunities in programme areas. (f) Enhance the supervision of road projects to ensure efficiency and effectiveness. (g) Encourage and support the training of local contractors in order to improve their capacity and performance. (h) Introduce a policy which requires contractors working on classified roads to operate for 24 hours a day in order to improve on the period of completing road projects.

Mr. Temporary Deputy Speaker, Sir, having outlined the above reforms which we intend to continue with this financial year, allow me to present my Ministry's budget proposals for 2006/2007 Financial Year to this august House. I will begin with the Recurrent Expenditure. Under Vote R13, my Ministry has been allocated a gross provision of Kshs13,304,933,107. Out of this amount, Kshs11,407,500 is in form of Appropriation-in-Aid (AIA) which is to be collected and distributed by the KRB while a sum of Kshs134,783,017 is made up of other local AIA leaving a net expenditure of Kshs1,762,650,090 being the amount to be sourced from the Exchequer account. I intend to apply the Recurrent provision to finance the entire activities as follows: Kshs1,399,980,676 will be used to meet expenses of staff salaries and allowances and the other related activities; Kshs497,452,431 will be used for operations and maintenance; Kshs11,007,500 will be used for operations and roads maintenance under the Fuel Levy Fund. The recent increase in Fuel Levy charge by Kshs3.20 will raise collections of the Roads Maintenance Levy Fund from Kshs10 billion to Kshs15 billion. The funds under the Fuel Levy Fund will be distributed by the KRB on the following criteria: Ministry of Roads and Public Works will get 57 per cent; District Roads Committees, 24 per cent; Roads in constituencies, 16 per cent; Kenya Roads Board, 2 per cent; and the Nairobi City July 18, 2006 PARLIAMENTARY DEBATES 2131 Council, 1 per cent. Mr. Temporary Deputy Speaker, Sir, as promised by the Minister for Finance, the 16 per cent allocation to constituencies will result in each constituency receiving Kshs11 million. I would like to urge hon. Members to utilise the earmarked funds diligently. The Nairobi City Council will receive an additional Kshs150 million to address immediate measures of traffic congestion within the city. During the current financial year, my Ministry will put more emphasis on routine maintenance to prevent the investment in roads from wasting away. In this regard, my Ministry will set aside a substantial amount under the Roads Maintenance Levy Fund specifically for periodic maintenance. This will be used for extensive repair of some major roads within the country. Some of the roads earmarked for periodic maintenance this financial year are: Mau Summit-Kericho- Kisumu; Mombasa-Kilifi-Malindi-Garsen; Lungalunga-Likoni; Thika-Mwingi; and Kisii-Gucha- Kilgoris. Further, enhanced maintenance activities will be undertaken on several roads which will include: Isiolo-Moyale; Isiolo-Modogashe; Garissa-Liboi; Garissa-Wajir; Kapenguria-Lodwar- Lokichoggio and so on. In order for my Ministry to implement the programme that I have outlined above, I am requesting this House to approve the gross expenditure of Kshs13,304,933,107 to finance the Recurrent Vote for the year 2006/2007. Mr. Temporary Deputy Speaker, Sir, allow me to move to Development Expenditure, Vote D13. I will endeavour to highlight the Ministry's financial requirements under the Development Vote for 2006/2007 Financial year. During the current financial year, the Ministry has been allocated a total of Kshs32,690,645,870 out of which Kshs15,931,645,870 will come from development partners and Kshs16,759,000,000 will come from the Government of Kenya. As hon. Members are aware, the economic recovery strategy for wealth and employment creation indicate that a functioning transport sector is a necessary pillar for economic development. The road network in Kenya is in a poor state due to many years of neglect and inefficiency. That has impacted negatively on economic development. The proposed funding level for roads development and maintenance this financial year is unprecedented and quite impressive. That is because the Fuel Levy has been increased. That money will go a long way in bridging the funding levels in roads development and maintenance. I would like to assure this House that those funds will be used for the intended purpose. Mr. Temporary Deputy Speaker, Sir, out of the Ministry's development gross expenditure of Kshs32,690,645,870, the road sub-sector will be allocated Kshs30,250,511,870. The balance of Kshs2,240,134 will be allocated to other sectors. An amount of Kshs15,931,645,870 will come from development partners, while Kshs14,318,866 will come from the Government of Kenya. Out of the Government of Kenya amount, Kshs4,309,000,000 will be the Government's contribution towards loans and grants on road projects. Mr. Temporary Deputy Speaker, Sir, owing to the colossal amounts of money involved in roads development, the importance of donor support in the sub-sector cannot be over-emphasized. In appreciation of the development partners financial support, I wish to convey our sincere thanks to them for the continued financial support given to the Ministry. I want to re-assure them that the funds will be spent on the intended purposes and will be fully accounted for! Mr. Temporary Deputy Speaker, Sir, during the current Financial Year, the road projects to be co-financed by the development partners and the Government of Kenya amount to Kshs20,240,645,870. Some of those road projects are as follows:- The Northern Corridor Project will get Kshs60,250,000,000, East African Trade and Transport Facilitation Projects will get Kshs400 Million, Maji ya Chumvi-Miritini will get Kshs1,200,645,870, Wote-Makindu Road will get Kshs810 million, Isiolo-Merile River will get 2132 PARLIAMENTARY DEBATES July 18, 2006 Kshs330 million, Mai Mahiu-Narok will get Kshs1.2 billion, Emali-Oloitokitok will get Kshs600 million, Mai Mahiu-Naivasha-Lanet will get Kshs2,750,000,000, Dundori-Ol Kalou-Njabini will get Kshs900 million, Nairobi Roads Rehabilitation - that is widening the major roads within the City - will get Kshs1,630,000,000, Gambogi-Serem-Cheburok will get Kshs289 million and Kipseget-Serem-Shamakhokho will get Kshs710 million. Mr. Temporary Deputy Speaker, Sir, in our endeavour to ensure that we attain substantial progress in roads development, the Ministry has set aside a further amount of Kshs10,009,866,000 for the financing of various roads projects in the country. Those funds, which are purely from the Government of Kenya, will be used for rehabilitation and construction of key roads within the country. Some of those roads projects include:- Kangonde-Kitui Road which will get Kshs290 million, Ruiri-Isiolo-Murili Road which will get Kshs230 million, Nairobi-Thika Road which will get Kshs640 million, Murang'a-Sagana- Marua Road which will get Kshs377,700,000, Garissa-Modogashe Road which will get Kshs400 million, Keroka-Nyangusu Road which will get Kshs295 million, Witu-Lamu-Kiunga Road which will get Kshs100 million, Ndori-Uwimbi road which will get 240 million, Kisii-Kilgoris Road which will get Kshs227 million, Iten-Kapsowar-Chesoi Road which will get Kshs205 million and Bumala-Port Victoria Road which will get Kshs240 million. Mr. Temporary Deputy Speaker, Sir, hon. Members will note from the projects list that there are over 140 roads projects spread throughout the country. They will be financed this Financial Year. It is expected that the completion of those projects will greatly improve the road network in this country. The 140 roads are in the blue booklets that have been circulated to you. Mr. Temporary Deputy Speaker, Sir, during the last financial year, my Ministry was allocated Kshs2.475 billion under the Road Maintenance Renewal Project that was funded by the South Korean Government and the Government of Kenya. I would like to confirm that most of the equipment has been delivered. The equipment to be managed under the Mechanical Transport Fund will be located in 16 regional centres country-wide. The entire equipment comprises of the following:- There are 144 dumb trucks, 31 graders, 8 bull-dozers, 16 excavators, 16 breakers, 18 wheel-loaders, 11 low-loaders, 11 prime movers, 78 supervision pick-ups. The equipment will be available for hire by all road agencies in the country. Mr. Temporary Deputy Speaker, Sir, let me now turn to the buildings sub-sector, where my Ministry has a heavy responsibility of maintenance and development of Government buildings. As hon. Members are aware, the Government inherited a huge portfolio of stalled building projects. In 2005/2006, the Ministry had approved a budget of Kshs1,150,000,000 to support the completion of those stalled projects. A total of 50 projects were completed. Some of the completed projects include:- The General Service Unit (GSU) State House flats, Bugina Health Centre, Ongata Rongai Police Station staff housing, Ruiru GSU Camp housing, Wambugu Farmers Trading Centre Rehabilitation, National Youth Service (NYS) Ruaraka staff housing and kitchen, MTC Lodwar and Vihiga District Hospital. Since the programme started a total of 85 projects have been completed and put to use. This financial year, my Ministry has an allocation of Kshs2 billion for the stalled buildings projects. The emphasis will be on the completion of the on-going projects. We anticipate that, by the end of this financial year, an additional 50 projects will have been completed. Mr. Temporary Deputy Speaker, Sir, some of these on-going projects are: Kisii Hospital renovation, completion of the Nyanza Provincial Headquarters Phase I, Trans Nzoia District Headquarters, Kapkatet Nyayo Hospital, Mariakani Phase II Civil Works, Kihara Health Centre, Bondo Hospital Phase II, Mtito Andei Health Centre, Ikuhu Health Centre Phase II, Kiti Phase IV, July 18, 2006 PARLIAMENTARY DEBATES 2133 Ongata Rongai Police Station, Nakuru Police Lines and West Park Housing. The Ministry also intends to commence works on 40 projects which include, Sowet Hospital, GSU Base Camp, Ruiru Phase IV, Garissa PTC College Phase II, Migori District Headquarters and Longisa District Hospital. Mr. Temporary Deputy Speaker, Sir, in addition, the construction of the Vice-President's official residence which has been allocated Kshs82 million, will continue during this year. The Ministry will continue to carry out construction, repairs and refurbishment of offices in Nairobi and other stations at an estimated cost of Kshs32 million. To accomplish the above projects and other related works, the Ministry will require Kshs2,128,000,000. Mr. Temporary Deputy Speaker, Sir, under other public works services, I will require Kshs312,134,000, mainly for construction and maintenance of sea walls and jetties, electrification of Government fool houses and improvement of infrastructure services for Ministries' buildings. Mr. Temporary Deputy Speaker, Sir, in conclusion, for my Ministry to be able to finance its total expenditure, I am asking this august House to approve a sum of Kshs45,995,578,977 for both the Recurrent and Development Vote for the Financial Year 2006/2007. I beg to Move.

Mr. Temporary Deputy Speaker, Sir, I beg to Second. I want to congratulate the Minister for Moving this Motion under Vote 13. As most of us are aware, infrastructure is very important for the development of a nation. However, for a long time, roads have been in a very bad state, especially during the rainy seasons. This brings us to the importance of having this Vote supported. The Ministry of Tourism and Wildlife, for example, has suffered a lot of setbacks. Many visitors who visit this country know, as we do, that we have a beautiful country with very attractive sceneries. However, it is very difficult for them to access those destination centres because of bad roads. Many vehicles ferrying tourists to those sceneries breaks down and it become very expensive to repair them. The roads leading to the South Coast, North Coast, Maasai Mara and many of other parts of this country are in bad shape. Once again, I would like to take this opportunity to congratulate the Minister for highlighting some of the very important roads that need some repairs and those that will be constructed. I hope that our contractors will do a good job. Once those roads are constructed, they will stay a long time before they develop potholes and degenerate into their current state. For a long time, contractors have been doing very shoddy work on our roads. I strongly believe, at this particular moment, they will be more careful and do a good job on our roads. With the establishment of the Roads Authority, I do not see the reason why we, as a country, should not have good roads. Also, the routine maintenance of these roads is very important. I am glad the Minister has allocated a substantial amount of funds for that particular purpose. Mr. Temporary Deputy Speaker, Sir, with those few remarks, I beg to Second.

It is now the opportunity for the official Opposition Responder to make his remarks. Proceed!

Mr. Temporary Deputy Speaker, Sir, from the outset, I beg to support the Vote for the Ministry of Roads and Public Works. This is because the content this year is different from that of last year. Last year, we had a problem of allocation of money and the Vote had to be deferred. However, it is good to note that the face of the Ministry of Roads and Public Works is 2134 PARLIAMENTARY DEBATES July 18, 2006 different from that of last year. We now have a different Minister, Permanent Secretary and Chief Engineer of Roads. The ones who were in office last year brought a lot of problems to the Vote. If you also look at the allocations to the districts, this year, they are beyond the three spots where a lot money had been concentrated. It is always good when positive things have happened, we salute the Government and move forward. Mr. Temporary Deputy Speaker, Sir, the Minister has enumerated what policy changes he intends to put forward. To begin with, on this issue of public/private partnerships, we need structures in our laws to attract private funding in our infrastructure. We need to change the law in order to match the policies. They are good, but we have not had the laws changed. For the last three years since these issues were raised by the Ministry, we have been stating here that we need to change the laws in order to match our policy intentions. As of now, even if you read the Miscellaneous Amendment Bill that is coming later, it has not been put there. The Ministry of Roads and Public Works needs to do some homework before bringing the Bill before this House. Mr. Temporary Deputy Speaker, Sir, we are having the issue of the contracts which are taking a very long time to finalize. We also need a time limit of how many or how long when it comes to extensions before the completion dates of contracts. The road network offers a very essential service. We cannot have the luxury like the way we would have a stalled building where the contractor would disappear even for five years and then come back and begin from where he left. There is a lot of misery and damage caused to vehicular traffic on our roads when a contractor stays there and sticks there forever. When you ask why they are taking that long, you are told that the Ministry has not paid them. When you ask the people in the Ministry, they tell you that they have no backlog of any payment. So, we need those things to be streamlined so that we do not have a problem when it comes to contracts being given and then the contractors end up sticking there forever. Mr. Temporary Deputy Speaker, Sir, another issue is about the cost of roads. The previous Minister had put a very strong case and they had brought down the cost of constructing one kilometre of road from about Kshs40 million to Kshs20 million. We have not heard emphasis. For example, in our neighbouring country of Uganda, where most of the bitumen used is transported from the Port of Mombasa, the cost of constructing one kilometre of road is Kshs11 million. In Kenya, the average cost is between Kshs30 and Kshs50 million, if not higher than that. So, we need some specific structures to be put in place so that our country is not looted dry by the contractors in our road sector. Mr. Temporary Deputy Speaker, Sir, if you look at what has been happening on the district allocations where 24 per cent has been going while the constituencies have been getting 15 per cent, that money has not had an impact on the ground. We also want to applaud the acceptance by the Ministry to effect changes so that more money can go directly to the constituencies instead of going to be the cream to fatten the bureaucrats of the Ministry in our district headquarters. We have seen the issue which has been raised by the Minister about hiring out of equipment. Many hon. Members, through the Constituencies Development Fund (CDF) are able to grade almost 100 kilometres of road with Kshs1 million unlike the three or five kilometres that they have been grading with the Kshs5 million they have been getting. I am aware that from 1st January, 2006, the Ministry of Roads and Public Works is hiring out equipment at a cost of Kshs3,177 per hour. If you compute that amount, you will find that through the CDF, with Kshs500,000---

Order! Please, that corner, can you consult quietly so that we can hear the shadow Minister speaking. July 18, 2006 PARLIAMENTARY DEBATES 2135

Mr. Temporary Deputy Speaker, Sir, we are saying that the idea of hiring out equipment is excellent. The reason for saying this is because when we used to ask for equipment from the District Works Officer, for very strange reasons, the equipment was not available: There is a chain of contractors who wanted to be allocated jobs within the district and they had to get the jobs because they were friends of influence peddlers at the district. It was not possible to acquire or access that equipment. I can assure you that in my constituency we have not been able to get any of that equipment even for one or two days in the last two years. Every time we asked for it, we were told that they were doing other things, yet we knew that the equipment was very idle. The District Engineers were keen to give contracts to the scheduled list of contractors. Mr. Temporary Deputy Speaker, Sir, we know that the issue of the CDF and the enhancement and transfer of the money from the districts to the CDF is going to come later in the Miscellaneous Amendment Bill. I do not want to anticipate debate. We will support it when it comes. The other issue I wanted to raise is the issue of classification of roads. The Minister proposed to have the National Highways Authority, the Kenya Rural Roads Authority and the Kenya Urban Roads Authority. I think this needed to be preceded by a comprehensive measure of classifying our roads. If he forms the National Highways Authority first, followed by the Rural Roads Authority, then the Kenya Urban Roads Authority and then go on to classify our roads, we are going to have a problem. We wish that the Ministry would first of all re-classify our roads. You will find that the roads which were classified as Class "C" roads 15 or 20 years ago have today acquired the volume of traffic that would qualify them to be classified as Class "B" type of roads. Also the ones which were classified as Class "D" or "E" also need to be upgraded. So, we seek some urgent and clear timeframe when the Ministry can do classification of roads. We are living with a 36 year-old system of classification at the Ministry, and we believe that classification is outdated. The other issue I need to raise is that of consultants. You will find many of the roads which have been put forward in the Vote which the Minister has moved today will not have taken off by June, 2007. Because of the procurement rules which have been put in place regulating the time that you have to advertise the tenders, shortlist the bidders, pre-qualify the tenders and then award the contract for design, not for the construction of the road, it is going to take the next six months. By the time you sit down and decide on the priorities of the roads and the designs you have received, you will find that by next year, the road you are allocating money today would not have been done. So, we need a policy decision to be taken so that if the Ministry does not have the capacity to do an in-house design for the roads and they have to out-source, we need a quicker mechanism to be put in place so that they can be able to have the roads on the ground instead of having them in our books and yet they are not going to take off within the specified time. Mr. Temporary Deputy Speaker, Sir, while still talking about the consultants regarding the design works that are being sought, either for buildings or roads, there is a problem of duplication whereby the design works are done by the Ministry officials and then they are later awarded to outsiders. We want some harmony because the money being used in paying those contractors is colossal. So, we do not want people to use the staff of Ministries and then make money out of it whereby private consultants are awarded the job, they do some little work here and there, while most of the work is done by Ministry officials, yet they are paid for the skills of the civil servants and the consultants are making a fortune. So, we need some harmony and attention to be brought back to the Ministry. The Minister has also mentioned that we need to note and amplify the issue of the Road Maintenance Levy. He said that he is going to put in place some periodic maintenance. The problem with our road network today has been lack of any time or attention put forward for maintenance. 2136 PARLIAMENTARY DEBATES July 18, 2006 Mr. Temporary Deputy Speaker, Sir, I remember that when the Meru-Nkubu Road was opened in 1984, it was one of the best roads then. Today, when we travel home, we have to use the Nanyuki route because the Meru-Nkubu Road is undergoing a complete overhaul because somebody sat and waited until it became completely unmotorable. So, the issue of periodic maintenance of our roads must be put in place if we intend to have a resemblance of a road network in our country. It is not possible to have motorable roads, no matter what material we use, if we do not maintain them all. When I was opening my remarks about the balance, I noticed the Isiolo-Merile-Moyale Road having been earmarked for donor-funding under the EDF and the ADB. We have two donors doing a joint project. We want to ask the Government to ensure that the disharmony in its relationship with the donors does not affect budgeted projects. You will find that any time the donors feel that the Government is not behaving right, they move with speed to suspend such funding and yet we have already committed ourselves through the Budget to do roads. Mr. Temporary Deputy Speaker, Sir, I have also noted that donors have agreed to provide Kshs6.2 billion for roads in the northern corridor. In addition, you will find a long schedule of the roads that the Minister has already mentioned. These include the Maji ya Chumvi Road at the Coast Province, which has been allocated Kshs1.2 billion. The others are the Wote-Makindu and Isiolo-Merile roads. I have noted that many of the roads that were earmarked for reconstruction last year also appear in this year's budget. This means that apart from the design work, nothing else has happened on the ground. So, we would wish to have periodic reports about the progress of the projects that the Government has undertaken, so that we can keep up with what is going on rather than just wait endlessly when nothing is happening on the ground. Mr. Temporary Deputy Speaker, Sir, another issue we need to raise is that of supervision of public-funded projects not under the Ministry of Roads and Public Works. If we take, for instance, the renovations going on within Parliament Buildings or any other public institution, the issue of supervision of such works by the Ministry of Roads and Public Works is crucial. It is the only way we can monitor and maintain the quality of the service that the public is paying for. It should not be taken at the discretion of the officials, where they can either go slow, delay the project or abstain. There should be clear guidance, that if the Ministry of Roads and Public Works has undertaken to supervise a project, it is not a privilege or a favour but the public's right. When we have a completion certificate, we should be satisfied that a project has been implemented to the standard that was required in the contract. Mr. Temporary Deputy Speaker, Sir, there is the issue of collusion between the District Development Committees (DDCs), the Ministry of Transport and the Ministry of Roads and Public Works. There are cases where committee members of a DDC tour a very good road and one morning decide to erect a bump across it. This random erection of bumps across our roads has been a disaster in very many instances. Sometime last month, while driving to Naivasha, one of our colleagues met a bump suddenly. His car rolled five times. Thank God, he was unharmed. The Ministry of Roads and Public Works should strictly state that the bumps it has been erecting on our roads without notice, which are neither even, nor standardised, are quite a mess on our road network. Since these bumps are a mess on our road network, the Ministry should put in place signs and signals as the only means of controlling vehicular traffic on our roads. That is the international highway code. It is not the discretion of the Ministry to wake up one morning and erect bumps on a road that did not have a bump the previous day. Mr. Temporary Deputy Speaker, Sir, we know that members of the public always make noise that they want bumps erected because people are being killed by speeding cars, whereas we know that cars do not go to shambas looking for people to crash. It is the people who carelessly July 18, 2006 PARLIAMENTARY DEBATES 2137 cross roads. People need to be taught through civic education that before you cross a road, you need to look right, left and right again, and then only cross the road if you are sure that there is no oncoming vehicle. That is the only way to maintain the dignity of something we call a road. It is a civilised gadget. It is not meant for us to go through some stone age thinking to save our lives. We need people to make sure that they observe safety rules when they cross roads. We also need the police to monitor and control vehicular traffic and speed. We should not use road bumps. Kenya is the only country in the world that uses bumps on classified highways and Class "B" roads as a means of controlling traffic. There is no other country in the world which does it. Mr. Temporary Deputy Speaker, Sir, those who design vehicles and roads never intended them to be used by barbarians. They are meant to be used by people who know how to use them. A small saloon car is not meant to climb a three-feet bump, on which the vehicle goes and hangs on the other side. The Ministry of Roads and Public Works should come out clear and state that there will be no bumps on roads. If you want to control traffic or alert motorists that they are approaching a market centre or a school, the Ministry should put road signs. That is what happens in places where roads are. Mr. Temporary Deputy Speaker, Sir, another issue I would like to raise is the cost of the Vice-President's official residence. In the Budget of 2003/2004, Kshs50 million was allocated for this project. We understand that in the following year, only the designs were ready. In this year's Budget, we have been told that Kshs82 million has been provided for the same project. We would like to plead with the Minister for Roads and Public Works to state the actual cost of this project when he replies to this debate. If there is no exact figure, we may have a bottomless "hole", which would be messed up by variation of the contract sum year in, year out. As you are aware, the chain of corruption is still intact. Although the incumbent regime prides that they are a new Government and, therefore, they do not have problems of corruption, you will be shocked to learn that it is only the "monkeys" that have changed; the "forest" is still the same. The contractors and public servants who colluded to fleece public funds in the previous regime are the same ones handling contracts today. So, we do not want to hear the story that everything is okay when we know that it is not okay. On the issue that we have addressed, I stated that we have had a smooth spread of the public vote. It is good---

Order, Mr. Maore! I was just reflecting; what did you say changed? I did not get you.

Mr. Temporary Deputy Speaker, Sir, what I said, translates to Kiswahili as: " Msitu ni ule ule, komba ndiyo wengine ."

What do you mean?

Mr. Temporary Deputy Speaker, Sir, I was referring to the issue of corruption in the Public Service in relation to the contract sum for the Vice-President's official residence, which has kept moving upwards from the initial figure of Kshs50 million when the project was conceptualised. Last year, it was Kshs50 million and this year the figure is Kshs82 million. So, I said that there could be a problem which the Minister may need to clarify when he replies to the debate. In conclusion, I want to talk about an issue that we were able to grapple with during Question Time; that was an issue about donor-funding. When the NARC Government came into power, there was an applause directed to it regarding the distribution of bursaries. However, donors withdrew their support in the Free Primary Education Programme, shortly after. So, the Government had to get money from other quarters by cancelling the bursary funding. We do not want any of the road projects to be affected by the donor duel with the Government. 2138 PARLIAMENTARY DEBATES July 18, 2006 With those few remarks, I beg to support.

Thank you, Mr. Temporary Deputy Speaker, Sir, for allowing me to contribute to this Vote. I want to congratulate the Minister for the able way in which he moved the Vote. But above all, I would like to thank him for having mobilised his troops. We now see many activities in road construction. Earlier, it had been stated that in order to rehabilitate and set up a good road network, we needed about Kshs100 billion. This afternoon, the Minister is asking for Kshs45 billion. That is almost 50 per cent of what was required. Frankly speaking, that is a very encouraging move. It simply means that the following year, if we get another Kshs45 or Kshs50 billion, then we will have concluded the rehabilitation and construction of main roads that we need in this country. However, the first thing we should look at is the cost of tarmacking and building up to standard roads. An earlier contributor said that in neighbouring countries, it costs about Kshs11 million to construct a kilometre of road. However, even if we assume that figure is low, we should not allow the cost to go as high as Kshs20 million for a kilometre. If we talk about spending Kshs40 million to Kshs60 million to construct a kilometre, I do not know how long it would take us to construct our roads to the required standards. I am conscious of the fact that the Minister has allocated Kshs300 million for the construction of Bumala-Port Victoria Road. If the construction of a kilometre is currently at Kshs40 million to Kshs60 million, then I do not think the construction will get anywhere near my home. I appeal to the Minister to ensure that we find a way of reducing the cost of reconstructing roads up to the required standards. Previously, we have allocated money, many times, to gravelling of various roads. Some of the roads are in areas where the rains are very heavy, for instance, in Kisii. If you allocate Kshs200 million to construct a 50 kilometre road and you spend the money on that, when the rains come, the whole road is washed away. I am suggesting that we now concentrate on areas that receive heavy rains. It should not be a question of gravelling, but that of tarmacking roads. That should be cheaper because if over a period of over 10 years, you spend Kshs200 million at the end of each year on reconstruction, then the road is washed away, at the end of it, you would have spend billions and would still have no road to be proud of. Besides construction of roads, we want to really put a lot of emphasis on maintenance. We must find a way in which we can have the word "maintenance" in our vernacular languages so that we can understand the importance of maintenance. In the past, I remember that we used to have maintenance units and there were camps after every 50 miles. After some miles, there used to be a maintenance camp with people who were there to ensure that a 50 miles section was properly maintained. We would like that the units be reintroduced so that we do not repair, but maintain our roads. We should not wait until a road cracks before we take responsibility for it. Without a good road network, you cannot have economic growth. We need a good road network in order to reduce the cost of production. If we have to compete in the COMESA market or in other markets, we need a good road network to move the goods at a lower cost. We spend a colossal amount of money importing spare parts. This is simply because our roads are not as good as they are supposed to be. In addition to roads, in a country as vast as Kenya, we should have over 400 airstrips all over the country. We need to maintain the airstrips, so that we can reduce transportation costs especially for hon. Members so that they can be able to access wherever they want to be. The Constituency Development Fund is a revolution which has helped this country considerably. However, there is a way that the money is not used in a cost effective manner. In my constituency, there is a school which we asked the Ministry of Roads and Public Works, not only to help in designing, but also in building. We then used the Ministry of Roads and Public Works to get the bills of quantities. The construction of the school cost about Kshs5 million, while we had built July 18, 2006 PARLIAMENTARY DEBATES 2139 a similar school, not more than six months earlier, and it did not cost us more than Kshs2 million. We need to look at how the Ministry of Roads and Public Works come up with the bills of quantities because they are far much in excess. We have various parts of Kenya that need to be connected. One is the South Coast in Mombasa. We have talked, for many years, about bridging the Likoni channel. With all the technology available, how come we have not managed to look into the issue? We have to make concerted on efforts to build either a tunnel or a bridge. There are bridges all over the world spanning as far as five or six kilometres. That channel is not that wide. Mr. Temporary Deputy Speaker, Sir, I request the Ministry of Roads and Public Works to look into that very seriously. We need to look at the issue of concessioning our roads. Let us get people who are prepared to take a particular road, design and construct it. Let them operate like a factory. Let them charge a certain amount of money to recover what they will have spent on the road. That is one of the many ways forward. Again, we scatter major resources without being very effective. It is good to select particular roads in various places and construct them to high standards. Finally, I want to support the hon. Member who spoke about the bumps. Frankly, this is the only country that has bumps on roads. When we design roads, we know what kind of traffic we expect to use them. If we want to erect bumps, let them be erected at the time of construction. We should not wait until roads are constructed and then, overnight, start erecting bumps on them. With those few remarks, I beg to support.

Ahsante sana, Bw. Naibu Spika wa Muda. Hoja hii ya Wizara ya Barabara na Ujenzi ni muhimu sana. Barabara ni maendeleo. Nataka kuongea juu ya barabara kutoka Kapenguria hadi Lodwar. Hali ya barabara hiyo ni ya kusikitisha sana. Barabara yenyewe ni ya kilomita 300. Wakati ilipojengwa, ungeweza kutumia masaa matatu kwa gari kutoka Lodwar hadi Kitale. Lakini sasa, unatumia masaa saba kutoka Lodwar hadi Kitale! Hali ya barabara hiyo ni mbaya sana. Watu wanatatizika sana. Sijui ikiwa Serikali inajua hali hiyo. Mimi mwenyewe nimelalamika juu ya barabara hiyo hapa Bungeni. Hata nilimtembelea Waziri wa Ujenzi na Barabara wakati huo, Bw. Raila. Yeye mwenyewe alikuja kwa helikopta mpaka Kainuk. Tulimwomba atoke kwa helikopta tutumie gari kusafiri. Tulitumia gari kutoka Kainuk hadi Lokichar! Yeye mwenyewe aliamua kuitisha helikopta kutoka Lodwar kuja kumchukua. Hangeweza kuendelea na safari hiyo kutokana na hali mbaya ya barabara. Bw. Naibu Spika wa Muda, hali hiyo ni kama janga kwa watu wa Turkana na Kitale. Ni tatizo kwa usalama pia. Wakati unasafiri, unataka uende kasi kidogo ili uhepe majambazi. Lakini kwa sababu barabara hiyo ni mbaya kuliko mtaro, huwezi kuendesha gari kwa mwendo wa kasi. Mara nyingi, tunasikia magari yamesimamishwa na watu kuibiwa mali yao! Hata wengine hupigwa risasi. Barabara hiyo imeharibika kabisa. Bw. Naibu Spika wa Muda, naunga mkono ujenzi wa barabara. Tangu Serikali ya NARC ilipochukua uongozi, kinachoniridhisha mimi na pia Wakenya wenzangu ni Constituencies Development Fund (CDF). Ikiwa ujenzi wa barabara ungekuwa na mpangilio kama wa kama CDF, barabara nyingi zingejengwa. Bw. Naibu Spika wa Muda, nimejaribu juu chini kuwashawishi watu wa Idara ya Ujenzi wa Barabara huko Lodwar kutengeneza barabara ndogo ndogo zinazopitia katika maeneo mengi huko vijijini, lakini wanasema ile tinga yao inayoitwa " caterpillar " imeharibika. Hakuna tinga katika kila wilaya. Kwa hivyo, naomba Bunge hili lihimize Serikali ipeleke maendeleo katika sehemu hizo. Wakati wa kura, Serikali iliahidi maendeleo katika sehemu zote za Kenya. Hata ikiwa pesa zimetengwa kwa miradi mingine, tunataka zitumiwe na kutumiwa kurekebisha barabara. Hata hapa Nairobi, wakati wa mvua, barabara nyingi zinakuwa lagha. Zinageuka kuwa 2140 PARLIAMENTARY DEBATES July 18, 2006 mito mikubwa. Hata wakati mwingine, maji husomba magari. Ikiwa tunataka kuendelea, lazima tuwe na mipango. Bw. Naibu Spika wa Muda, naunga mkono Hoja hii kuhusu barabara. Nimetoa mawazo yangu mbele ya Serikali na Bunge hili. Lazima tufanye juu chini kuona kwamba barabara katika nchi hii zimerekebishwa. Kwa hayo machache, naunga mkono.

Mr. Mwancha Okioma!

Mr. Temporary Deputy Speaker, Sir, my name is Mr. Joel Onyancha and not Mr. Mwancha Okioma.

I know you!

Thank you, Mr. Temporary Deputy Speaker, Sir. I take this opportunity to support this Vote and congratulate the Minister for the able way he has moved the Motion. I think it is high time infrastructure in this country is taken seriously. The state of roads in many places is very bad. We have particular roads in mind, but I am sure the Ministry, through this budget, is determined to address some of those teething problems. I want to thank the Minister for taking the bull by its horns and solving some of the problems. For example, the Kisii-Kilgoris road has been troubling our people for a long time. The Kshs227 million that has been allocated is not sufficient. However, I want to thank the Minister for making that decision. I also want to ask the Ministry to be very tough on contractors who, even before they complete the roads, connive with staff of the Ministry and are paid. I would like the Minister to take stern measures to ensure that roads are constructed to the expected standards before payments are made. Mr. Temporary Deputy Speaker, Sir, the Ministry should construct security roads. In my constituency, there is an Item on Konangare-Nyabitunwa Road, which is a security road. The amount of money which has been allocated to this road may not be enough to complete its construction. The Ministry should channel more resources, so that security roads are also constructed properly. Mr. Temporary Deputy Speaker, Sir, without proper infrastructure, we cannot expect to have any economic development. We have particular roads which are very critical in this country. For example, as you go to the South Coast in Mombasa, the Likoni-Ukunda Road is a very critical road that gives us opportunities in terms of tourism. Presently, that road needs quick repairs, so that we can earn some income from tourism. The Ministry should look into that aspect, so that tourists who want to go to the South Coast can drive smoothly on that road and feel welcome in our country, so that we can also benefit in terms of foreign exchange. It is gratifying to note that 95 per cent of the Minister's Budget did not concentrate on donor support. However, we should ask our development partners to assist us more in infrastructure in this country. If anybody who calls himself a friend of this country wants to give us money for development, I would like to propose that, that money be channelled through infrastructure, so that we can also benefit in terms of economic development. Mr. Temporary Deputy Speaker, Sir, the issue of roads concessioning should be taken more urgently and seriously. We should invite investors to invest on our roads and allow them to take the profits out of the country. The Government should allow any investor to invest in our roads and July 18, 2006 PARLIAMENTARY DEBATES 2141 reap some benefits, but, at least, do our roads. We should be prepared to pay any amount of money to have our roads done very well. That would be a long time advantage to this country. The Vice-President and Minister for Home Affairs has said that perhaps, we should now concentrate on areas that are rainy, where we construct roads and after a short while, the roads are worn out and we have to go back and re-do them. This is a subject that the Ministry should also consider. It does not matter how long we should take to do these roads, but we should do them once and for all and save ourselves the pain of having to re-do them. Mr. Temporary Deputy Speaker, Sir, with those few remarks, I beg to support.

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me a chance to oppose this Vote for the Ministry of Roads and Public Works. I am very bitter, indeed, because I know how we are suffering and yet we are paying tax like anybody else in this country. If you look at the Development Expenditure for the districts starting with Murang'a, Nyandarua, Nyeri and all the way down, you will find that we are talking in terms of billions of shillings. If you look at allocations for other districts, you find that the figures are really a joke. For example, Rachuonyo District in Nyanza Province has been allocated Kshs4 million for Development Expenditure. Roads in Homa Bay District, which is my home district, are really terrible. I have written a letter to the Minister on this issue. The District Commissioner (DC) has also written to the Minister and has told him that the state of roads in Homa Bay are continuously making the people to become hostile to the Government. I believe that the Government has a duty to share the national cake fairly to all parts of the country because everybody pays tax. People pay taxes even through the food they eat. Mr. Temporary Deputy Speaker, Sir, the Rongo-Homa Bay Road is tarmacked and should be maintained through the Roads Maintenance Levy. A mere Kshs7 million will do nothing. There are now craters on this road. We reject this Kshs7 million. In the 2003/2004 Budget, Kshs50 million was allocated to tarmack the Kendu Bay-Homa Bay-Mbita Road. This road has been studied and planned so many times. Money has been allocated for the tarmacking of this road, but it is always returned to the Treasury. This year, a mere Kshs7 million has been allocated for this road. I, as the Member of Parliament for that area, will not accept this. I think our taxes are being used somewhere else. This is not fair in a political regime. A mere Kshs3 million has been allocated for roads in the whole of Suba District, which is one of the poorest districts in the country.

Order, hon. Members!

Thank you, Mr. Temporary Deputy Speaker, Sir. I am talking about very serious issues and I thank you for giving me a chance to be heard. HIV/AIDS prevalence in Suba District is the highest in the region and yet a mere Kshs3 million has been allocated for the construction of roads. Roads in this district are in a terrible state. Another Kshs3 million has been allocated for Rachuonyo District. If you read the Estimates carefully, you will find that a lot of money has been allocated to areas which are politically-correct. Mr. Temporary Deputy Speaker, Sir, this should be reviewed thoroughly and the allocations should reflect the aspirations and the needs of Kenyans for development purposes. If you look at the overall tax collected in each province, you will find that some provinces like Nyanza, which have been allocated the least amount of money, are the highest collectors of tax for the Government of Kenya. Where is this money going? Tax is collected on the basis of the 2142 PARLIAMENTARY DEBATES July 18, 2006 economic activities in a particular part of the country. In this particular case, our tax is going elsewhere. We are trying to promote inequality deliberately and using Parliament to approve it. I feel very bitter about this. My people have said that there is no use of I being in this Parliament when we cannot approve what affects their lives and yet they are paying taxes. Mr. Temporary Deputy Speaker, Sir, I am glad that the Minister has announced a number of measures to ensure that roads are done. He has said that roads will now be done faster than before. Let us see this when the Budget has been re-allocated, so that money is allocated equally to all the parts of this country. There is no use of announcing something that makes everybody happy, but in practice, it does not affect our people. If you look at the Development Expenditure, you will find that more money goes to constituencies, whose Members of Parliament are more favoured than the others in the particular districts. You can see this very glaringly. You can see very well that a place is given Kshs4 million while the other one is given over Kshs280 million and they neighbour one another. To me, this means that the allocation has been done on a biased basis. I have the right to speak and guard against bias in allocating resources. So, I am saying that we need this to be recast. Mr. Temporary Deputy Speaker, Sir, in Homa Bay District there are old main "C" roads. Kendu-Bay-Homa-Bay-Mbita is a C19 road. Homa-Bay-Rongo is a C20 road. Sori-Rodi-Kopany- Imbo-Rangwe-Nyawita-Oyugis is a C18 road. This is a road which the Government had already contracted for tarmacking and put aside Kshs78 million for that purpose. That road actually started being tarmacked, re-levelled and putting culverts on it. It is now abandoned. Why is the Government spending money like this and abandoning a very essential road which is important for the improvement of the economy of the region? The Oyugis-Kendu-Bay Road is a "C" road. It is a very crucial road for opening up that area. The roads in the lake region ring around the lake. They improve the exportation and exploitation of the fishing and farming resources like cotton which the Government is now improving. The farmer needs the roads. If there are no roads then we are joking. Last year, Kshs250 million was allocated for cotton farming revival in that region and this year Kshs265 million has been allocated for the same. All that money may go to waste because there are no roads for these products to reach their markets. Mr. Temporary Deputy Speaker, Sir, Lake Victoria provides well over Kshs7 billion worth of fish in exports and this requires very first class roads. The roads around that region do not have hills and corners and so in terms of transportation economics, it is more cheaper to use them so that the country can earn foreign exchange as much as possible. Mr. Temporary Deputy Speaker, Sir, I would not like to oppose such an important Motion but for the above reasons, I beg to oppose it and hope that it will be re-organised so that it reflects the needs of all Kenyans.

On a point of order, Mr. Temporary Deputy Speaker, Sir. I would hate to interrupt the learned professor but is she in order to use the word "nonsense" while contributing?

Professor, I do not think you should use that word.

Mr. Temporary Deputy Speaker, Sir, well, let me think of a better word but it does not make sense.

That is right!

Mr. Temporary Deputy Speaker, Sir, the Ministry of Environment and Natural Resources is charged with the responsibility of managing natural resources. One of the most important natural resources in this country is our soil. The other resource is water and so it does not make sense to see the Ministry of Roads and Public Works clearing bushes which leads to loss of both water and soil. I know this is something that may not have crossed the Ministry of Roads and Public Works because it does not perceive itself as being responsible for the road reserves but I think it should. As I said, all these six Ministries should come together with a policy on the management of road reserves. I am talking from experience because I represent a constituency where I contribute to the management of both the natural resources and roads and I am constantly being called to repair roads that have been destroyed by the rains. Mr. Temporary Deputy Speaker, Sir, the next item that I want to talk about which shows that we do things without thinking is an incident within the Ministry of Energy. This Ministry once had a Christmas card which displayed the Kindaruma Dam. The water of Kindaruma Dam which was displayed on the card was very brown. Now, I was not quite sure whether the Minister was trying to explain that we had a problem of siltation in the dam or maybe he probably thought that the water in Kindaruma Dam was supposed to be brown. Now, the card should have displayed clean blue water but the fact that it displayed brown colour made me wonder whether we think before we act. The Kindaruma Dam should not be silted. It is partly silted because of the mismanagement of road reserves. Mr. Temporary Deputy Speaker, Sir, as I speak there is a policy which I think came from the Ministry of Roads and Public Works or whatever. In fact, I have been in touch with the Ministry of Roads and Public Works trying to understand where this policy matter came from. It is a policy of expanding rural roads. In so doing, we are cutting down every vegetation, especially trees and other green fences perceived to be road reserve. The explanation given is that we need 2144 PARLIAMENTARY DEBATES July 18, 2006 wide roads. Why do we need wide roads? Some of the excuses for cutting down trees and vegetation is that the road belongs to the Government and, therefore, people should not be planting trees. What will the Government do with that road reserve? It is better to encourage farmers to plant vegetation, especially trees along our roads. At the same time, increase the beauty of the countryside. I do not understand why any officer in the Government would have given instructions to people to cut down trees along the roads. This is something that the Ministry of Roads and Public Works must address and take the necessary action. Mr. Temporary Deputy Speaker, Sir, for the record, we have been raising the issue of having a road constructed between Kinangop and Nyeri. As important as the Aberdare Forest is as a water catchment area, we will not be able to save it from encroachment as long as people around this mountain grow cash crops and require land for food production in the forest. One way in which we can encourage people, especially on the Nyeri side, not to encroach on the forest is to open up the road between Kinangop and Nyeri and allow food, which is in plenty in Kinangop, to come to Nyeri area. This is the best way of protecting our forests. We will also be opening a tourist area because that is a very beautiful part of the country. People coming, for example, from Maasai Mara wanting to tour the Mt. Kenya region, will not have to come to Nairobi and go all round. They can go through the Aberdare Forest. We can do an environmental impact assessment that, I am quite sure, would show how we can construct the road and, at the same time, be able to protect our environment, the catchment area and wildlife. I say this because I know that some people are concerned that if we open up that road, we shall intrude into the wildlife. We have Mombasa Road, which is in between two national parks. We just need to have proper management. We can open up this road and it can be extremely economically productive. We can do so, while at the same time, protecting our environment. Mr. Temporary Deputy Speaker, Sir, finally, I am very impressed by the Nairobi City Council (NCC). I would like to commend the Ministry of Local Government for the way they have deliberately tried to plant trees in the City. Just to show the contradiction of what I said a little earlier; we are cutting down trees in the rural areas to expand rural roads, and we are saying we do not want any trees on the road reserve, yet, right here in Nairobi, we are very busy planting trees on the road reserve. I am commending the NCC. We really need a certain amount of connection and consultations between our Ministries, so that we do not seem to work as different Governments when, in fact, our common objective is to develop this country in a way that we can truly make it beautiful. Protecting our environment is one way in which we can have beautiful road reserves. Mr. Temporary Deputy Speaker, Sir, with these few remarks, I beg to support.

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to say a few words about this Vote of the Ministry of Roads and Public Works. While commending the Minister for the announcement about the equipment that he says his Ministry has purchased, I want to caution that we have been told this story for the last two years. I hope that my good friend, Mr. Nyachae, is serious that the equipment is actually here. If so, I would like to ask that it should be stationed at the regional centres, so that we, in the rural areas, can begin as agencies to hire and make use of them. It is not meant to stay at the Port of Mombasa or at the Ministry's headquarters. The previous equipment that was bought in the past, in my view, was really not distributed on the basis of needs. It appears to me that the distribution was based on the caprice of those charged with the responsibility of distributing them. July 18, 2006 PARLIAMENTARY DEBATES 2145 Mr. Temporary Deputy Speaker, Sir, something else that I wish to commend the Ministry on, and I hope this happens with immediate effect, is the policy that road construction continues or takes place 24 hours a day, everyday of the week. This is something that we have seen all over the world. There is no reason why it cannot happen here in Kenya. It disgusts that when, indeed, there is very little traffic, particularly vehicles, road construction stops in the night when, indeed, one would expect that is the best time that a lot of works could be going on. This should not just be within the urban areas, it should be everywhere. It is a good policy. I want to laud the Ministry for doing that and hope that it will be implemented with speed. Mr. Temporary Deputy Speaker, Sir, the policy of having road works commence is one of the most tedious that I have seen in this country. This is because it starts from surface designs, thorough designs, refined designs, procurement, award of tenders, and so on. It is simply mind boggling. Now that we passed the Public Procurement and Disposal Bill, which as I am aware, has already received Presidential assent, is it possible that the Government moves with speed to ensure that the Minister for Finance operationalises it? The date of commencement is still in abeyance. It was left to be determined by the Minister for Finance. Indeed, a lot of these works that we may be lauding the Minister for will require some serious procurement done in a most transparent manner. If, indeed, the law that we enacted will be followed it will lessen the bureaucracy, processes and procedures, that we have seen. There is need that the Minister for Roads and Public Works liaises with his counterpart the Minister for Finance, the very difficult Mr. Kimunya--- I am saying "difficult" because as we spoke about bursaries this afternoon, if he was here, he should have heard the noise that was made. He should take quick corrective action regarding bursaries. I hope that even with regard to the operationalisation of the Public Procurement and Disposal Act, he moves with speed. I am saying this because there has been a lot of laxity and/or lethargy on the part of the Minister to ensure that law is put in place in a more enlightened format that we passed. It may well be that we borrowed a few aspects of the existing procurement regulations, but, as we all appreciate, they have been so tedious that they have been to, a very large extent, the cause for the delays. Mr. Temporary Deputy Speaker, Sir, in this Vote, we have seen several roads being allocated funds. We are now moving towards the end of July. If no procurement has been put in place for the commencement of works on those roads then even as we say we support this Vote excitedly, we will come here in June, next year and say nothing has happened to them because they will be waiting for designs, surveys, refined designs and so on before the commencement of the actual work on them. We do not want to come here and be told that utilisation of funds in this Budget has not started. I would, therefore, want to call on the Minister to ensure that procurement of various works, on all these roads, commences at the very latest in the next two months. There is no reason why that should not happen. I may actually want to disclose my interest. For the first time since Independence, a road that passes my constituency has been allocated some little money. Ena-Ishiara-Meru Road, at least, has been allocated some Kshs176 million.

Kshs176 million? Hiyo ni mingi !

Mr. Temporary Deputy Speaker, Sir, that is very little. I know the total estimates costs. I work very hard! I know the total cost will be in excess of Kshs2 billion. So, when I am saying that I know it has been allocated this paltry sum of Kshs176 million, design work is ready. I also know that. I am saying that the Minister should move next week and advertise and let works on that road commence. If not anywhere else in the country, that road should commence because for the first time, we will be seeing tarmac in my constituency. It has never happened!

Why you? 2146 PARLIAMENTARY DEBATES July 18, 2006

Do not worry! Mr. Temporary Deputy Speaker, Sir, I would like to say that we have seen in road works a lot of distortions. How do they happen? A road is awarded to be constructed at a specified sum, say Kshs2 billion. Somewhere along the way - I am saying this quite authoritatively because I have seen it - that contract is raised upwards and it could go to figures close to double that original sum through something called variation orders.

Not more!

Mr. Temporary Deputy Speaker, Sir, Mr. Gumo is saying "not more" but it is information that I have. It goes up by more than double. I want the Ministry to come clear and say what is the extent of variation orders on contracts. By what percentages may they be varied? So, unless the Ministry's experts, the engineers, are not themselves sufficiently qualified, in which case then I will go to the Budget Speech by the Minister for Finance who put them on notice that he is going to hire expatriates, although I do not agree with that. I believe we have qualified people in this country, and particularly, in the Ministry of Roads and Public Works. We do not want variations that are going to raise the constructions cost to sums that even to an ordinary casual observer are seen to be obnoxious. We do not want costs which do not make sense, to borrow the expression by Prof. Maathai. I would like the Ministry to come clear on this because we have seen a lot of distortions. Mr. Temporary Deputy Speaker, Sir, once a contractor goes to site on a particular road, we have also seen variations where he has been given other contractors to do roads which are completely unrelated to the first one. The reason, if you ask the Ministry, they tell you it is because the man was on site. However, he is doing completely different works and on different roads. How can that possibly be called a variation order? Mr. Temporary Deputy Speaker, Sir, I would like to appeal to the Minister, I know he is a workaholic, to ensure that also these malpractices in the Ministry, which we know have been there for a long time, become a thing of the past. I would like to congratulate the Minister for introducing this new equipment because the old ones are dysfunctional. I am particularly, myself, pleased with it. With those few remarks, I beg to support.

Thank you very much, Mr. Temporary Deputy Speaker, Sir. I rise to support the Vote of the Ministry of Roads and Public Works. However, I wish to draw parallel to the figures given by the Minister and what actually happens on the ground. I will be quoting cases and examples from my district, Kirinyaga. I note with a lot of interest that much as we talk that the Central Province has got the bulk of the billions and millions of shillings, Kirinyaga is the least allocated. When I look at Kirinyaga, I find that those constituencies represented by hon. Members who are not Ministers, are the ones getting the least. Whereas the same constituencies represented by hon. Members are the ones producing the most. These are the ones contributing more to the revenue collection. I am a teacher by profession. It is only that these things happened. What happens is that if you want production, you must ensure that infrastructure is well developed. Where we have tea growing, we need to process and transport tea to the factory before it perishes. It is a perishable commodity. Where we have coffee, milk and other horticultural production it should be the same. Contrary to that teaching, you will find that where we produce tea, there are no tarmacked roads connecting the factories. Where we have horticulture, we have no tarmac roads. However, where the Ministers come from and particularly those involved in the Treasury, that is where the money is. My worry is, therefore, what do we need to do to make sure that we convince our voters that they elected us so that we can represent them here in Parliament so that we can as well be able to answer them many questions that they ask us? They will not understand that I represent them here July 18, 2006 PARLIAMENTARY DEBATES 2147 yet I get only Kshs4 million for a road that is shared by two constituencies. I am, therefore, appealing to the Ministry of Roads and Public Works to make sure that Kagio-Baricho-Kibirigwe- Baricho-Kerugoya one time road which had been slotted for tarmacking is undertaken. Every other year I ask Questions in this House about that road. Last time I was promised by the Minister for Roads and Public Works then that it would be tarmacked. It has been allocated a paltry Kshs4 million which cannot even be enough for bush-clearing. This road had been abandoned. It had already been earmarked for tarmacking. I have bridges which have also been abandoned. Culverts are there and nothing is happening. I even wonder who is to be consulted when this is made known to the Ministry of Roads and Public Works. If not the engineers, why do they not consult the hon. Members who are representing these areas? I know that this road which was there from 1988 and was supposed to be tarmacked, to date, nothing has happened. Every other year, there are Questions asked here. I am told that it will be tarmacked. This year I thought it would be tarmacked so that next year I can have something to tell my constituents. Now I do not know what I will tell the voters. If this does not happen, it will be too bad for me. Mr. Temporary Deputy Speaker, Sir, I, therefore, plead with the Budget Committee, if it will ever work, to come out quickly so that we can table some of these figures here before they are even brought for discussion on the Floor of the House. We are very disappointed, particularly, my case is very disappointing. Looking at all the other districts, it is my district which is the last. Looking at Kirinyaga, it is my constituency which has got nothing because it has only Kshs2 million yet we produce the most. We contribute even more in terms of taxes compared to other areas. What criteria is considered? Is it that one has to be a Minister, an Assistant Minister or something like that? It is too bad again for me! This is something that we need to consider because we all matter in the district, province and in the country. Since we are contributing towards the country's economy, let us consider those areas producing most as areas that should be served with infrastructure and moreso, in Kirinyaga District where we produce a lot of agricultural products. Mr. Temporary Deputy Speaker, Sir, I also note that from this book, of course, what my engineer was saying is true, that some districts are getting very little while others are getting more. This is something that is not fair. If we have to present a Budget to Parliament for discussion, for heaven's sake, let us be fair to one another. Contribution towards the national kitty will come from an area which will be served by a road so that it can contribute that revenue which is required. Mr. Temporary Deputy Speaker, Sir, we also note that to achieve industrialisation in the year 2020, we will need to invest in agro-based industries. If agro-based industries are located in areas where there are no roads, then we will not attain industrialisation. We need to boost production in areas which produce agricultural materials. If nobody is thinking about tapping raw materials from where they are grown, then it means that we are day dreaming to think of attaining industrialisation by 2020. Let us be serious in planning for this goal. We should not use politics as a factor in the allocation of resources for construction of our roads. If we do that, then, as Kenyans, we will be doomed. Use of politics in the allocation of resources will develop only politically-correct areas of this country. This will mean that those who are politically-correct will get more funds in terms of budgetary allocations. It is true that my constituency got only Kshs2 million under this Vote. If we are not careful, even our schools will remain located in areas which are not accessible by road. We should first construct our roads so that schools that are constructed in this country are served by good roads. During final exams, the Kenya National Examinations Council has a lot of problems in accessing some schools in our rural areas. when planning roads construction, schools which are inaccessible should be considered, so that school inspectors can access them. Without 2148 PARLIAMENTARY DEBATES July 18, 2006 proper access to schools education will be inaccessible to our children. I also wish to note that our roads are not repaired regularly. It takes a lot money to repair roads after they are damaged. It is better of to repair one hole, instead of waiting to recarpet an entire road. Our roads should not be constructed during the day, when our people are very busy. In the morning you cannot access Nairobi by road because of traffic jam on Thika Road. Repair works on our roads should be done during the night, the way the Minister has said. If this is done, we will minimise waste of time in accessing Nairobi and other cities, and this will contribute to economic growth of this country. We should use roads as arteries of development. Let us not use their provision as a tool for political advancement. we should open up our national parks and other agriculturally potential areas. If road networks are spread to those potential areas, I am sure we will create more wealth. I will, therefore, recommend that the Ministry of Roads and Public Works goes back to the drawing board and comes up with a better plan for improving our road networks. You will find that in the Printed Estimates, development of new roads is allocated more money than maintenance of the existing ones. Existing roads that are in poor condition are not allocated enough funds for retarmacking, but new roads have been allocated a lot of money. What criteria was used to allocate more money for construction of new roads at the expense of existing ones? With those few remarks, I beg to support.

Ahsante Bw. Naibu Spika wa Muda kwa kunipa hii fursa kuzungumzia Hoja hii kuhusu Wizara ya Barabara na Ujenzi. Ningependa kusema kwamba wakati aliposoma Bajeti, mhe. Kimunya alitaja kuwa barabara ya Voi-Mwatate-Taveta ingeangaliwa. Ninashanga sana kwa sababu alitaja hayo siku ya Bajeti, lakini makadirio ya Serikali yana pesa haba sana kwa barabara hii. Katika barabara za kiwango cha "A" nchini mwote barabara hii ndiyo "imeonewa" zaidi. Itakuaje barabara ya kiwango "A" itengewe Kshs4 million pekee. Je, tutatumiaje shs4 million kujenga barabara hiyo? Nasikitika sana kwa sababu, mwaka jana tulipatiwa Kshs68 million kuifanyia barabara hii usorovea na utafiti, lakini pesa hizo hizikutumika. Wakati huu, Mhe. Kimunya ameamua kuwa barabara hiyo haistahili kutengewa pesa za kuifanyia usorovea. Jambo la ajabu ni kwamba katika Mkoa wa Pwani mzima Wilaya ya Taita-Taveta ndio "imeonewa" katika Bajeti ya Wizara ya Barabara na Ujenzi. Wilaya ya Malindi pia "imeonewa" kwa kupewa Kshs7 million pekee. Ajabu ni kuwa Wilaya ya Taita-Taveta, ninakotoka mimi, kuna ukuzaji wa chakula kingi. Tunalisha Mkoa wa Pwani wote, lakini Serikali ya NARC inaona kuwa watu wa Taita- Taveta hawafai kusadiwa. Jambo lingine la kustaajabisha ni kuwa Mawaziri wamejigawia pesa za Serikali wanavyotaka. Mhe. Kimunya alisafiri kwa barabara hadi Wilaya ya Taita-Taveta na alishuhudia vile barabara zetu zilivyo mbaya. Nilipomwona afisini mwake aliniambia: "Mhe. Shaban ninakumbuka vile barabara za Taita-Taveta zilivyo mbaya". Ajabu ni kuwa sijui kama Kshs4 million zinaonyesha kuikumbuka Taita-Taveta au kuidharau. Labda Mhe. Nyachae hajakanyanga Wilaya ya Taita-Taveta na hajui vile barabara zilivyo huko, na kuwa zinahitaji pesa. Ningependa kutaja kuwa barabara zilizopendelewa ni zilizo sehemu zinazowakilishwa na mawaziri. Masikini mhe, Konchella hakufikiriwa; hakupewa chochote. Ningependa kutaja barabara zilizopendelewa. Kiasi cha Kshs515 million zimetengewa Wilaya ya Maragua, anakotoka naibu wa Waziri, Bw. Toro. Kiasi cha Kshs264 million zimetengewa Kangema, anakotoka mhe. Michuki, hali Kshs956 million zimetengewa Nyandarua, anakotoka mhe. Kimunya. Pia Kshs845 zimetengewa eneo la Kisii, anakotoka mhe. Nyachae. Nasikitika sana kuwa Kshs369 million zimetengewa Gatanga, anakotoka mhe. Kenneth. Vile vile, Kshs415 million zimetengewa Rarieda kwa mhe Tuju. Pia shs265 million zimetegewa July 18, 2006 PARLIAMENTARY DEBATES 2149 Busia, anakotoka Makamu wa Rais, Bw. Awori. Pia Kshs785 million zimetengewa Wilaya ya Nyeri. Ni lazima uwe waziri ndipo upewe pesa. Nasikitika kuwa watu wa Taita-Taveta wanateseka ingawa hulisha Mkoa mzima wa Pwani. Kwa nini hii Serikali "inatuonea" hivyo? Kwa nini tumeonewa tangu Uhuru hadi sasa? Nimesimama hapa kwa uchungu na masikitiko makubwa. Kumbe tunahitaji kuwa Serikalini ndipo tukumbukwe! Bunge hili sisi husikia katika Mawaziri wakidai kuwa Serikali yao ni tofauti na ili ilikuwa ya KANU. Lakini ninawauliza: Tofauti iko wapi? Ninasikitika sana kuhusu jambo hili. Hata nilimuuliza mhe. Kimunya ni kwa nini aliizungumza juu ya barabara za Voi-Taveta-Mwatate katika Bajeti na huku akaondoa Kshs68 zilizokuwa zimetengewa mwaka jana. Maskini watu wa Taita-Taveta, nani atawahurumia? Ninapendekeza makadirio ya pesa za Serikali yafanywe upya ili watu wote wafanyiwe usawa. Kwa hayo machache, ninaunga mkono.

Ningependa kukushukuru Bw. Naibu Spika wa Muda kwa kunipa nafasi hii. Ninasimama kuiunga mkono Hoja hii juu ya Wizara ya Barabara na Ujezi. Tangu mhe. Nyachae aanze kuiongoza Wizara hii, tumeona shughuli nyingi za kukarabati barabara. Juzi nilikuwa huko Machakos ambako niliona barabara ambayo bado inatengenezwa. Barabara hiyo inatoka Machakos kuelekea Kitui. Vile vile nilizuru Bonde la Ufa hata nikafika kwa rafiki yangu mhe. Kipchumba, ambako niliona barabara nyingine ikitengenezwa.

Wapi huko?

Kuelekea huko kwenu.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is the Minister in order to mislead the House that there is a road being constructed in my constituency, when we know for a fact that there is none?

Bw. Naibu Spika wa Muda, mimi nilikuwa Mkuu wa Wilaya katika wilaya anayotoka mhe. Kipchumba. I will refer tothe road later on. Jambo ambalo ningependa kumkumbusha Waziri na maofisa wake ni kwamba katika Mkoa wa Pwani biashara ya utalii ni takriban asilimia 60 ya biashara zote zinazofanywa huko. Watalii hutalii eneo la pwani sana ijapokuwa zile barabara muhimu ambazo wanatumia hawa watalii zimesahauliwa. Hazikutajwa kabisa katika bajeti ya Wizara hii. Barabara muhimu iliyotajwa peke yake ni ile inayotoka Maji ya Chumvi kuelekea Miritini. Kule Mombasa, kuna barabara inayotoka Likoni Ferry kuelekea Kombani. Utashangaa sana kusikia kwamba kukinyesha mvua kidogo tu, hata matatu haziwezi kuitumia barabara hii. Lazima pawe na watu wa kuzisukuma ndipo ziende. Hii ni barabara inayotumiwa na watalii sana. Aidha inaunganisha Kenya na Tanzania. Sijui ni kwa nini imesahaulika. Barabara nyingine ni ile inayoitwa Dongokundu Bypass. Hii barabara ikitengenezwa, itafanya usafiri kutoka Mombasa hadi Tanzania kuwa rahisi mno. Vile vile itawawezesha wenye viwanda kutoka sehemu ya kisiwani kwenda huko eneo la kusini ya pwani. Wao wanaogopa kwenda kule kwa sababu ya kucheleweshwa na kwa kuwa ni ghali kusafiria feri. Barabara hii itaweza kupunguza msongamano wa magari katika mji wa Mombasa. Sijui ni kwa nini barabara hii imesahaulika. Isitoshe, Bw. Naibu Spika wa Muda, tumekuwa tukizungumza jinsi tutakavyoifanya bandari yetu kuwa huru. Huko katika Bandari ya Mombasa kuna zaidi ya ekari 3,000 za KPA ambazo huenda zikafanywa bandari huru. Hili ni jambo ambalo huenda lisifanyike kwa sababu 2150 PARLIAMENTARY DEBATES July 18, 2006 Dongokundu Bypass imesahaulika. Katika sehemu hiyo ya Dongokundu, tunatarajia kujenga makao makuu ya wilaya mpya inayoitwa Kilindini. Makao haya makuu yatakuwa yanatoa huduma kwa watu wa Likoni na Changamwe. Bila ya barabara hii, hatutaweza kuwasaidia watu wa sehemu hii. Barabara nyingine muhimu katika utalii ni hiyo inayotoka Mariakani kupitia Kaloleni hadi Malindi. Aidha, ile barabara ya Mombasa-Malindi hutumiwa sana na watalii wanaozuru Mkoa wa Pwani. Tunafahamu kuwa, Malindi, katika pwani ya kaskazini, ndiyo sehemu iliyo na hoteli kubwa za kisasa duniani. Hoteli hizo ndizo zinatembelewa sana na watalii. Sijui ni kwa nini Wizara inayohusika na barabara imeisahau barabara hii. Barabara ya Mariakani-Kinango husaidia sana katika usafirishaji wa matunda kama vile machungwa na ndizi. Barabara nyingine ambazo zimesahauliwa ni Kwale-Kakuneni-Mamba- Ramisi na Kwale-Kinango-Lungalunga. Barabara hizi nilizotaja zisipotengenezwa, hatutakuwa tumesaidia watu wa Mkoa wa Pwani vilivyo. Hatutaweza kamwe kuvutia hii biashara ya utalii ambayo tunasema ni muhimu kwa nchi yetu. Sehemu zile ambazo zinakuza michungwa pia zimesahaulika. Si ukweli kwamba barabara zinazoelekea kwa maboma ya Mawaziri ndizo zimetengenezwa. Barabara ya Mariakani-Kaloleni- Malindi inapatikana katika eneo analowakilisha mhe. Dzoro. Ile nyingine ya Likoni Feri-Kombani- Lungalunga inapatikana katika mawakilisho yao waheshimiwa Shakombo na Mwakwere. Ingawa hivyo, barabara hii bado haijatengenezwa. Tusiseme kwamba Mawaziri wanapendeleana. Ni muhimu tuzitaje zile shida ambazo tuko nazo. Nina hakika kwamba Waziri na maofisa wake watatusikiliza kwa sababu kughafilika ni hali ya binadamu. Ikiwa mtu amesahau kufanya hili ama lile basi tukumbushane; hakuna haja ya vita. Bw. Naibu Spika wa Muda, kwa hayo machache, ningependa kuunga mkono Hoja hii.

Thank you, Mr. Temporary Deputy Speaker, Sir. I rise to echo the sentiments expressed by hon. Dr. Shaban. I would also like to demonstrate, clearly, that there is something basically wrong with the way this money has been allocated. It is either a reflection of what kind of people are manning that Ministry, or something else that we do not know of. You cannot have certain areas of this country being allocated more than Kshs5 billion and others not being allocated any amount of money. There must be something that is fundamentally wrong. I will only support this Vote on the condition that the Minister and his staff will go and reallocate some of the money so that the districts that have not been allocated any money are given something. They had better be honest and tell us the reasons why they have not allocated money to some districts. You cannot really starve a whole district, and yet the people there also pay taxes. That cannot happen. I really wonder how a whole Ministry can come up with something like that which is so glaring. However, I want to assume that this is only a guideline and that it is not hard and fast. We pay taxes and, therefore, we expect services. We are loyal to this country because we are its citizens. We have a Government which we all trust that it will take care of everybody equally. We also believe that the staff in our Ministries will think nationally and ensure that everybody is catered for. I was going to do the arithmetics of these Estimates in order to demonstrate to you what this Ministry's budget intends for us. However, I will not do that because it is all written here clearly. Mr. Temporary Deputy Speaker, Sir, allow me to correct hon. Shakombo. It is true that he was my DC in Uasin Gishu. I think he has forgotten all about that district. We will ask him to visit the area and show us exactly which road he is talking about. I come from that district and I visit it often. I also do not want to go to the extent of saying that it is only areas where Ministers come from that have been given preference in this budget. However, I think that a wrong criteria has been used in the allocation of resources in this particular budget. For example, in my own district, July 18, 2006 PARLIAMENTARY DEBATES 2151 only a small place in Marakawet has been catered for. The Ministry's budget talks about the Iten- Kapsowar Road. Iten is in Keiyo and it is the only place that has been included in the Printed Estimates. It is not reflecting our place. There is absolutely nothing there. Mr. Temporary Deputy Speaker, Sir, regarding the revival of stalled projects, there is nothing in my place. There is only one project, a hospital at a place called Kaptargwat. There were roads which were built using the El Nino Emergency Fund. The bridges on those roads have all been swept away by torrential rains. At least, to consider the people who are there, we should make those roads passable.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Could I request Mr. Biwott to speak a bit louder, so that our officials could hear and take notes?

Do you want the numbers?

Speak louder!

Mr. Temporary Deputy Speaker, Sir, let me speak louder so that you can hear. That way, when you go back to your offices, you can do something about those roads. No funds have been set aside to maintain provincial roads. I have the example of Nakuru-Eldama Ravine- Eldoret Road. Likewise, there is no allocation for Mogotio-Kabarnet and Iten-Eldoret roads. There is totally no allocation for maintenance works for the Nyaru Fluorspar Road, and yet exports of fluospar earn this country a lot of foreign exchange. It should be a priority to make that road passable. Mr. Temporary Deputy Speaker, Sir, some roads in the district have completely been left out! My question is: If those districts are not going to be given any money, then what is the use of having a District Roads Officer? That is because the staff there are not doing anything. They will be undermining the development of those particular districts. Roads are very important. They are like arteries. They are very important for social and economic development, not forgetting security. It is absolutely important to treat all the districts the same. Mr. Temporary Deputy Speaker, Sir, let me end by appealing to the Minister to go and re- look at these guidelines because they are basically flawed. With those few remarks, I support the Motion with the hope that the anomalies I have pointed out will be rectified.

Mr. Temporary Deputy Speaker, Sir, thank you for giving me this opportunity to contribute to the Vote of the Ministry of Roads and Public Works. First of all, I would like to start by saying that I support this Vote. But I would like to say that although the Government has really come out to support major roads that we have been agitating about, it should watch out the construction of those roads. The cost of constructing those roads is a real problem. As was rightly said by Mr. Muturi, when you say that you are constructing a road--- Let me give an example. There was a time when they were constructing Road C68, Magumu-Njabini in Nyandarua, but they decided to go haywire and purported to have constructed a road called C67 - which is 20 kilometres - at a cost of Kshs398 million. It was just gravelling! Even when we talk about the cost of our road being very expensive, it cannot go to such levels. We are talking about gravelling a road which is 20 kilometres, at a cost of Kshs398 million! That is approximately Kshs20 million per kilometre!. That is a true fact! Even the Public Investments Committee (PIC) went there to see that road. They wanted to see a road that was gravelled at a cost of Kshs398 million. In the year 2003, we had spent about Kshs48 million on the same road for gravelling, because it had been abandoned. The following year, they were given a variation order. The reason for giving that variation order was to favour a well-connected contractor. He was given that work and paid Kshs398 million on a job that was not properly done. Even now, if you travel on that road, 2152 PARLIAMENTARY DEBATES July 18, 2006 that is from Njabini - a place called Githioyo - to Naivasha, you will see what was done. Mr. Temporary Deputy Speaker, Sir, today, if you travel on the road from Sagana to Karatina, which is an "A" Class road, it already has some potholes, and yet it has not been completed. Surely, if we do not take precautions on how we spend that money, it will not matter how much we collect in terms of revenue! That is a very worrying situation. Mr. Temporary Deputy Speaker, Sir, the other thing is that we must know the capacity of our roads. If you travel on the road from Limuru to Naivasha - I think it is Class "A" in some parts- -- At Limuru, there is a signboard written: All motor vehicles exceeding 10 tonnes should use the Mai Mahiu Road. But when I travel home at night, I see trucks weighing 40 tonnes using that road! If a road was constructed to accommodate vehicles which are less than 10 tonnes, and yet all sorts of trucks, even those weighing 40 tonnes, use it, how can we be able to maintain such a road? Some of those trucks peel off the tarmac. I experienced it last week at a place called Njabini, when a truck--- I do not know how it came to Njabini. That is because from Naivasha, it is not supposed to drive to Njabini. From Nairobi, it cannot travel to Kimende and then go to Njabini. But it was there! It was weighing about 40 tonnes! So, my appeal to the Ministry is: We should be able to implement and adhere to the rules we have made. If it is a regulation under the Traffic Act that motor vehicles weighing more than 10 tonnes should use a road, it should be followed and implemented. Our worry is that our people are not able to implement and adhere to the laws that they have made. Mr. Temporary Deputy Speaker, Sir, when it rains in those areas, like Prof. Maathai was saying, you see water flowing along our roads. I do not think there is any Government that can maintain such a road. In those days, people hired by the Ministry of Roads and Public Works always cleared the drainage after every rainy season. Where did those people go? They used their hands to clear the drainage. Nowadays, all the culverts in some of those roads have broken down and water just flows on our roads. We use a lot of money on repair because we have refused to support the Maintenance Unit, which is very important. We should construct the culverts and clear the drainage system. We should also liaise with the Ministry of Agriculture and the Office of the President because our people are also very interesting! Even the people we represent are to blame. They always say our roads are bad, and they are the ones who block the drainage! The only people who can solve that problem is the Ministry of Agriculture under the Agricultural Act. Mr. Temporary Deputy Speaker, Sir, all that I am saying is that we are spending money unnecessarily. There are some areas which are very rainy, like Kinangop. After every three months, they receive rainfall. Even if you gravel that road and it rains, the road will not be passable. You are forced to gravel it immediately after the rains. So, we need to set aside a lot of money to maintain such roads, if we cannot put them to bitumen standards. Mr. Temporary Deputy Speaker, Sir, Road C67 is from Njabini to Gatura. It connects to Thika Road at Blue Post. The same road extends to Naivasha, connecting two provinces and about five districts. It is a very critical road. It can also extend to Mwingi. We are the main producers of vegetables and potatoes, and we sell them to Mwingi when it is dry. We transport our food, for example, from Kinangop to Njabini. From Njabini we go to Nairobi then to Thika. From Thika, we go to Mwingi. If we are serious about improving our economy, we need to be careful about how we are inter-connecting those roads. It is not just a matter of constructing a road that does not connect to any economically viable place; for example, this road we intend to improve from Ndundori to Njabini. If it would have been extended to Gatura, it would join this other road which is in the Ministry's programme. A vehicle travelling from Ndundori to Ol Kalou, Kinangop and Gatura, which is about 34 kilometres, would then join the road to Thika and proceed to Mwingi and other July 18, 2006 PARLIAMENTARY DEBATES 2153 parts of Eastern Province. I have noted with concern that we have some people in the Ministry who do not even know where some of these districts are. When we meet them in the committees, they do not even know where Nyandarua District is. Again, Road D59 from Njabini to Ndunyu Njeru and Miharati, we had really recommended in our District Development Committee (DDC) and other fora that we wanted it to extend to Road D88, to Ndaragwa, so that it can join the people of Nyandarua to their provincial headquarters in Nyeri. But instead of actually joining them, it takes them up to Ol Kalou. If you are in Kwa Wanjohi and you want to go to Nyeri, you have to go to Ol Kalou then to Nyahururu and then proceed to Nyeri, which is very far. Those who are in the Ministry, especially the technocrats, should know that it is very important when they are constructing these roads to connect them with areas of importance. Mr. Temporary Deputy Speaker, Sir, with those few remarks, I beg to support.

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to also contribute to this very important Motion. I have to thank the Minister because most of the time we seek audience with him, he gives us an appointment. He sits down with us and listens to our grievances. I think he is one of those Ministers whose Ministry is performing for the interest of this country. I wish we could have, at least, ten or 20 of them, so that we can stand here and say there is something happening. Mr. Temporary Deputy Speaker, Sir, however, looking through the allocations for the respective districts and provinces in this year's Budget, I cannot help, but say that this, probably, is an outline, as Mr. Biwott has put it. When we come into this House, we read the words "for the welfare of society and the just Government of men." But when we look at how we allocate our money, it is almost like this is the "just Government of regions." I say that because maybe, hon. Biwott was not able to exactly pinpoint where Kshs6 billion has gone. But I have read the allocations and I have seen it. I want those people who are good in mathematics to calculate, because I am going to say exactly where that money has gone. According to the District Allocations Budget, without mincing my words; because we want this Government to function properly, if you look at Kiambu District, it has been allocated Kshs457 million. Kirinyaga District has been allocated Kshs174 million, Murang'a District - Kshs298.6 million, Nyandarua District - Kshs356 million; then district number one, Nyeri District, has been allocated Kshs785.7 million, and Thika District has been allocated Kshs369 million. As if that is not enough, Maragwa District has been allocated Kshs528 million, Embu District - Kshs677 million, Mbeere District - Kshs180 million and Meru Central - Kshs258 million. That is donor funds plus Kshs27 million more from the Government of Kenya. Meru South has been allocated Kshs250 million and Tharaka District - Kshs22 million. Last, but not the least, Meru North has been given Kshs330 million. In total, it comes to Kshs4.8 billion, which is approximately Kshs5 billion. Jesus, have mercy on us!

Shame! Shame! Shame!

On who?

We want to make sure that the funds that are collected are distributed equally.

I do not think we mean bad to say that it is wrong to allocate them, but they should also feel bad that a district like Bomet is getting Kshs3 million. I have to say that! This is what is happening here. Today, they are in the Government. Suppose they will be in the Opposition next time and the same amount of money is allocated to the region of whoever will be ruling then; is that how we are going to run this Government? 2154 PARLIAMENTARY DEBATES July 18, 2006

Mr. Temporary Deputy Speaker, Sir, what is done to you on earth shall also be done to you! Are they paying back?

Yes!

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is it in order for the hon. Member, who appears to be reading selectively, not to read other districts like Narok, which has been allocated over Kshs600 million, Bomet - Kshs100 million, Marakwet District - Kshs214 million, and many other districts? Do his eyes only see the parts of the country he would love to hate?

Mr. Temporary Deputy Speaker, Sir, we were blessed just the other day---

On a point of order, Mr. Temporary Deputy Speaker, Sir. What I want to---

Order! Order! On the first point of order, Mr. Salat is quite in order to express his opinion. What is your point of order, Mr. Mukiri?

Mr. Temporary Deputy Speaker, Sir, is it in order for Mr. Salat to say that Bomet District has been allocated a paltry Kshs3 million while Nakuru District has not been allocated anything?

Mr. Temporary Deputy Speaker, Sir, everybody will have a chance to say his or her bit. All I am saying---

Order! Order, hon. Members! Please, allow Mr. Salat to finish his contribution.

Thank you, Mr. Temporary Deputy Speaker, Sir. What I am trying to say is that this is our country and we should share resources equally. We should make sure that at the end of the day, everybody has something to go home with and say: "This is from the national cake". That is all we are trying to say. We are not pointing a finger at anyone. The people of Maragwa, Nyeri and elsewhere deserve a piece of the national cake; and so do people from all other parts of this country. Mr. Temporary Deputy Speaker, Sir, I must say that the reconstruction of the Naivasha/Mai Mahiu Road is an excellent investment. That is a national road. We are very happy that the Ministry has allocated some money for the construction of that road. Any investment on that road is beneficial to all of us. However, I would like to ask the Minister, who is listening keenly, that we should re-visit allocations to certain areas. It would not be fair for Kiambu District to be allocated Kshs457 million while other districts have nothing. We should sit down as hon. Members of this House, and re-allocate the money, so that at the end of the day, we know that this Ministry's budget is beneficial to all of us. We are not pointing fingers at anybody. We are just pinpointing out anomalies, which are so many. If we continue to allocate money only to certain parts of this country and ignore others, we will not develop this country. We need to look at Kenya as a whole. We need to ensure that we spend money and get returns, so that Kenyans out there can be proud of us. I do not want to add anything on that fact. Let us critically look at this aspect. If there is a way we can adjust the allocations, we should sit down and do so. We have the power to do so. With those few remarks, I beg to support.

Thank you, Mr. July 18, 2006 PARLIAMENTARY DEBATES 2155 Temporary Deputy Speaker, Sir, for giving me the opportunity to support this very worthy Motion. May I say that in my view, this is the best allocation I have seen in a long while. Anybody can be entitled to his opinion, but the books are here. Mr. Temporary Deputy Speaker, Sir, it is very disappointing that we have hon. Members of this House who are supposedly national leaders, yet they can only think locally in terms of where they come from. There is no way roads money, or any other money for development, can be distributed equally. We would have to say goodbye to projects of tarmac roads. What we need to be looking for is that there is a fair allocation and that the districts that benefit by having new roads, the next year, some other districts should benefit. There is no way you can have even distribution of resources if you need to tarmac roads. I invite hon. Members to just look back a few years ago, how the distribution of resources has been. It was shameful. When there is now distribution of resources which is targeting development in several districts, so that next year, the same can be applied to other districts, we have hon. Members here who are blind to allocations in the areas they prefer but can only see other areas. Mr. Temporary Deputy Speaker, Sir, I have been looking at the book for district allocation and noticed that on page 41, in Narok District alone, the Narok/Mai Mahiu, Narok/Amala River and Kamuka/Nanjire/Ewaso Kedong Roads have been allocated Kshs1.2 billion. I do not mind that allocation because there is no way the road can be tarmacked half-way. I am not like those hon. Members who have complained about the Kshs789 million that has been allocated for roads in Nyeri District. The people of Nyeri are part of this country, just like the people of Narok District. I want to celebrate that the people of Narok District have been given Kshs1.2 billion because they deserve good roads. Next year, whoever is complaining, if their area needs the Kshs1.2 billion, they can be given that money. Mr. Temporary Deputy Speaker, Sir, I want to applaud the initiative that the leadership of this Ministry has taken because the Ministry was almost becoming extinct; it was dormant. It would make big promises to people, and its officials would make tours in large convoys, all over the country, yet their output was zero. Within a few months of new leadership now, we are seeing new roads under construction and work going on. We have seen new work starting, and repairs going on. Congratulations, Mr. Minister. Carry on well, with your staff. Kenya is seeing a Minister at work, but not just a Minister full of words and no action. I want to encourage the staff members of this Ministry to continue working efficiently. Mr. Temporary Deputy Speaker, Sir, I want to encourage hon. Members that we continue looking into issues---

On a point of order, Mr. Temporary Deputy Speaker, Sir. As you can see, we have no quorum.

Yes, it is true we have no quorum. Please, ring the Division Bell.

Order, hon. Members. We now have a quorum. Proceed, Ms. Karua. 2156 PARLIAMENTARY DEBATES July 18, 2006

Mr. Temporary Deputy Speaker, Sir, I am very surprised that some hon. Members can stand here and say that this is donor money. Donor money is the Government of Kenya's money. The people of Kenya have to pay every cent of that money. There is absolutely no difference between donor-funded and GoK-funded projects. That is taxpayers' money, which, if we do not pay today, we will pay tomorrow. Once again, congratulations to the Minister who is providing able leadership to his Ministry and work is going on well.

Hon. Members, there is a lot of loud consultation. Please, let us cool down and listen to the Minister.

Mr. Temporary Deputy Speaker, Sir, I was very surprised that from the year 2003 to December, 2005, there was no work going on. I was almost agreeing with Back-benchers that this Ministry should be scrapped. We are now seeing a Minister at work, only after six months of him being there, and the results are evident. I would like to once again congratulate Mr. Minister, and his staff and encourage them to carry on. Just to show how the distribution is fair, I have just noted that Nandi South District has been allocated Kshs710 million. Congratulations! I do not mind that. Those people living there deserve good roads. Let them get money this year so that other districts can get the money next year. My district has been allocated only Kshs170 million, and my brother, Mr. Salat, has talked about it. But I am not complaining. I am just saying: "Mr. Minister, remember us next time!" I want to be happy for the districts that have been allocated money this year. I agree that it is not possible to fund large projects in every corner of the country in one year. What matters is: The Ministry should have a programme that ensures that every year, there is a new district which gets money for roads. Mr. Temporary Deputy Speaker, Sir, I am looking at page 39. Makueni District is not allocated too much money, compared to Kirinyaga District. It has been allocated Kshs138 million. I am happy about that. Machakos District has been given Kshs263 million. I will not complain about any part of Kenya being funded. But I urge the Minister: "Please, remember my district next year!" That is because if we were to forgo our roles as national leaders and cry wolf every time neighbouring districts are funded, we shall never progress. I want to urge my colleagues to remember that, once you come to the National Assembly of Kenya, you are not just the Member of Parliament for your constituency, but you are a national leader, looking after the whole country. Think local, but also national. Let us appreciate one another and show leadership by uniting Kenyans, and not cry wolf every time. Mr. Temporary Deputy Speaker, Sir, I was surprised to hear an hon. Member who was in Government several years ago, lamenting! During those days, funds would be concentrated only in one corner. Not that we cried, but the only surprising thing is: The money used to be embezzled. Even those corners did not get the money. I want to urge the Minister for Roads and Public Works, who is my colleague and friend, to be very vigilant. We have terrible cartels that have been operating on the fringes of that Ministry. Some have friends who are workers in that Ministry. I know the capability of the Minister. He is very able. May I ask him not to spare the rod. He should weed out all the bad elements in the Ministry. We do not need cartels in public works. The Ministry of Roads and Public Works has previously been responsible for distorting prices of major commodities, from vehicles to partitions. You remember that, in this very Parliament, they had given bills of quantities showing the value of a Member's seat to be Kshs200,000! That was a shameful thing. I know that with the current leadership, those details will be revealed. We will July 18, 2006 PARLIAMENTARY DEBATES 2157 have realistic estimates. We will then guard our money and make sure that more constituencies are looked after every year, so that we do not have complaints of how much money has been given to a certain district. We should be going for cost effectiveness to ensure that our meagre resources reach as many people as possible. May I urge hon. Members to support the fight against corruption. You cannot be a contributor to corrupt practices and then cry wolf when no money is allocated to your district. It is the corrupt people who are taking our resources in terms of pending bills and other ways. Mr. Temporary Deputy Speaker, Sir, let those who are suspects in corruption cases, inside and outside this House, know that they cannot intimidate the law enforcement agencies. We are going to smoke you out, if you are not already smoked out!

The cases are going to proceed, whether you cry wolf or milk! You will answer and sing your innocence before the judge. If you are acquitted, well and good. The other day, I heard somebody say that the case against him is political. When you went meddling with public funds, had you been sent by anyone? Is it why you were blocking the hearing of your case? You can run, but you cannot hide. We will catch up with you. Mr. Minister, may I encourage you to continue weeding out the rotten elements in your Ministry, so that it may be able to give us services. It should continue to boldly allocate enough money to finish the projects. That way, come next year, you will consider districts that have been left out this year. With those many remarks, I beg to support this wonderful Vote.

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to contribute to the debate on this very important Vote. Without infrastructure, there will be no security. Without roads, there will be no development. Therefore, what the Minister has done by allocating funds for specific roads will go a long way in developing our country. Since this Government came into power in 2002, it has always been talking about the Emali-Oloitokitok Road. I would like to commend the Minister for allocating money for that particular road, which is a very critical road. Mr. Temporary Deputy Speaker, Sir, there are several roads of national importance that I would have expected the Minister to consider. I would have expected the Government to consider the Isiolo-Moyale Road. This is a main artery which would enable this country to do major trade with Ethiopia. I know some parts of this road have been done between Isiolo and Elmanti.

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

Mr. Temporary Deputy Speaker, Sir, I know what the man wants to say.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is my good friend, hon. Nkaisserry, in order to mislead this House by saying that money has not been allocated to do the road through Merile and Moyale? Over Kshs200 million has been allocated for this road and more money will be allocated next year.

Mr. Temporary Deputy Speaker, Sir, I specifically said that the Minister should have considered to complete the road between Isiolo and Moyale. I know that money has been allocated to do the road up to Merile. It would have been good for this country if we had prioritised that major road. Other roads which should have been prioritised are Garissa-Mandera and Kitale- 2158 PARLIAMENTARY DEBATES July 18, 2006 Lokichoggio Roads. These are critical roads for the development of this country. We should tarmack these roads in order to target the markets in our neighbouring countries. They are critical for our national security. This is very basic! Ministers should think strategically. A while ago, hon. Karua was accusing the hon. Members of not thinking nationally. A Minister who spoke before her was complaining about his constituency. He specifically dwelt on his location. We should think nationally. The above mentioned roads should be considered for national security, trade and development. The Mai Mahiu-Maasai Mara Road is long overdue. It brings billions of shillings into this country through tourism. This is a road which can maintain itself, but this Government has been "eating" and misusing the money which accrues from that road. Let us not thump our chests. I would like the Minister for Justice and Constitutional Affairs to move with speed and arrest the people who have been---

On a point of order, Mr. Temporary Deputy Speaker, Sir. The hon. Member has just said that this Government has been "eating" the money. Could he substantiate? That money is there because it has been preserved. Could he substantiate that this Government has been "eating" that money?

Anglo Leasing!

Anglo Leasing is yours. Ask hon. Okemo!

Mr. Temporary Deputy Speaker, Sir, the issue of "eating" public money is very much known to this country. Anglo Leasing is one way of "eating" public money. Mr. Temporary Deputy Speaker, Sir, we know about the passports contract. We also know about the ships contract which was awarded by this Government on 19th July, 2003. This was "eating". What is it? Is it not "eating"? What about the Margaryan issue?

Mr. Temporary Deputy Speaker, Sir, this is not a laughing matter. It is well known that both Anglo Leasing and even the Goldenberg began when hon. Nkaisserry's party was in power. So, that is money that was "eaten" by his regime. Mr. Temporary Deputy Speaker,Sir, could he substantiate, so that the credibility of this House is not eroded? Let him substantiate an allegation against an entire Government that it has been "eating" public money. We demand substantiation.

Hon. Nkaisserry, when debate resumes tomorrow, you will have five minutes. The first thing that you will have to do is to substantiate or withdraw your allegations. Hon. Members, it is now time for the interruption of business. The House is, therefore, adjourned until tomorrow, Wednesday, 19th July, 2006, at 9.00 a.m. The House rose at 6.30 p.m.