Mr. Deputy Speaker, Sir, I beg to move the following Procedural Motion:- THAT, this House orders that the Business appearing in today’s Order Paper be exempted from the provisions of Standing Order No.38(1) being a Wednesday morning, a day allocated for Private Members’ Bills and Motions.

Mr. Deputy Speaker, Sir, this particular procedural Motion is informed by precedent. In the past, we have discussed the Presidential Address in consecutive sittings and because Standing Order No.38(1) is very clear that this particular sitting on Wednesday morning is normally for Private Members’ Motions, therefore, we are seeking the indulgence of the House, or concurrence, so that today this sitting be utilized for purposes of Standing Order No.38. I ask Dr. Khalwale to second.

Mr. Deputy Speaker, Sir, I rise to second this Motion. I second the Motion on the understanding that even those of us on the Opposition side have no problem with it because it is purely a Procedural Motion.

Order! You are not in the Opposition, Dr. Khalwale! You are a Member of the Government! The only Member of Parliament who is in the Opposition is Mr. Jirongo. So, proceed!

Mr. Deputy Speaker, I am reluctant to refer you to the Standing Orders which have created a window for us to make a caucus. We have already made the caucus but we have not communicated to you. So, wait, the Opposition is coming!

With those few remarks, I second the Motion.

Mr. Deputy Speaker, Sir, I beg to move the following Procedural Motion:-

THAT, the debate on the Private Members’ Motions shall be limited in the following manner:- A maximum of two hours with not more than 20 minutes for the Mover, 20 minutes for the Government Official Responder and ten minutes for each other Member speaking, and that 10 minutes before the time expires, the Mover be called upon to reply.

Mr. Deputy Speaker, Sir, I do so pursuant to Standing Order No.87(1) which reads:- “The House may, on a Motion made by any Member in accordance with this Standing Order, impose a limit in respect of debate on any particular Motion or Bill by allocating a limited period of time for such debate or by limiting the time during which Members may speak in such debate or by imposing both such limitations.”

Mr. Deputy Speaker, Sir, once again, we are informed by tradition. We are also informed by the fact that there is only this slot available, once a week, for Private Members and it is important that we ensure that all Motions by Private Members are attended to, given that there is only this one slot.

I beg to move.

Mr. Deputy Speaker, Sir, I second.

Mr. Deputy Speaker, Sir, I beg to move the following Procedural Motion:- THAT, the debate on the Motion on the Presidential Address be limited to a maximum of four days pursuant to the provisions of Standing Order No.18(3), with no more than ten minutes for each Member speaking and twenty minutes for the Mover in moving and replying. Mr. Deputy Speaker, Sir, this is informed by both our traditions as well as Standing Order No.18 (3), which I now quote: - “The Leader of Government Business may give a notice of Motion to adopt the Speech or Presidential Statement but debate on the Speech or Statement shall not exceed four sitting days”. Hon. Members will note that this is arising from our new Standing Orders which we adopted on the 10th of December, 2008. Mr. Deputy Speaker, Sir, I beg to move.

On a point of order, Mr. Deputy Speaker, Sir. I rise to seek your direction. In terms of Standing Order No.18 (3), the Motion ought to be moved by the Leader of Government Business!

This is a Procedural Motion, hon. Olago! It is not the Motion itself.

I am much obliged, Mr. Deputy Speaker, Sir.

Proceed, Seconder!

Thank you, Mr. Deputy Speaker, Sir. I beg to second.

Mr. Deputy Speaker, again, this being a Procedural Motion, I would like to support it. Just to give comfort, we have to have the country moving. Please, let us get moving with the business of the House.

Thank you, Mr. Deputy Speaker, Sir.

Mr. Deputy Speaker, Sir, I beg to move:- THAT, the debate on any Motion for the Adjournment of the House to a day other than the next normal sitting day shall be limited to a maximum of three hours with not more than five minutes for each Member speaking; provided that, when the period of recess proposed by any such Motion does not exceed nine days, the debate shall be limited to a maximum of thirty minutes, and shall strictly be confined to the question of the adjournment.

Mr. Deputy Speaker, Sir, I move this Procedural Motion under Standing Order No.87 (1). This is purely procedural and, arising from the sentiments of hon. Mungatana, we want to move on. So, the House Business Committee decided that we should expeditiously go through some procedures to amend the business of the House and occasion the Supplementary Budget. We want to tackle the issues regarding the pending commissions, particularly the Interim Electoral Commission of Kenya (IIECK) and, for that reason, I beg to move.

Mr. Deputy Speaker, Sir, I beg to second.

Thank you, once again, Mr. Deputy Speaker, Sir, I beg to move the following Procedural Motion:- THAT, each speech in the Committee of Supply (Supplementary Estimates) shall be limited to ten minutes excluding the Mover, who shall be limited to thirty minutes while moving and replying and the Chairperson of the Departmental Committee on Finance, Planning and Trade, who shall be limited to twenty minutes.

Mr. Deputy Speaker, Sir, this is a new provision. Arising from our new Standing Orders, we shall have the Chair of a Parliamentary Committee replying to the Government Ministers. I think this is good for Parliament. It will be relevant for Committees to reply to those issues because most of the time, they are sent to those Committees anyway.

Mr. Deputy Speaker, Sir, because this is important to our discussion this afternoon, relating to the Supplementary Budget, I think it is important and I ask hon. Members to support the Motion. I beg to move.

Mr. Deputy Speaker, Sir, I rise to second. Mr. Deputy Speaker, Sir, the new Standing Orders that we have passed have created more space for us to put the Government and, in particular, the Ministry of Finance, to account to the rest of Kenyans.

Mr. Deputy Speaker, Sir, the primary duty of this Parliament is to look after the funds that are paid into the Consolidated Fund. This particular change that we have put into the new Standing Orders should be supported by all of us.

I beg to second. Thank you, Mr. Deputy Speaker, Sir.

Mr. Deputy Speaker, Sir, I beg to move:- THAT, the thanks of this House be recorded for the exposition of public policy contained in His Excellency’s Presidential Address from the Chair on Tuesday, 21st April, 2009, laid on the Table of the House on Tuesday, 21st April, 2009.

Mr. Deputy Speaker, Sir, I wish to second the Motion.

Mr. Deputy Speaker, Sir, thank you for giving me this opportunity to contribute to the Speech. I support the Motion with reservations. The Presidential Speech on exposition of policy was okay on the issue of reforms. As I said before, it merely flirted with judicial reforms. The President said that more money will be allocated to the Judiciary and also that more judges and magistrates will be hired. Reforms in the Judiciary are not about money and increased personnel. They are about the manner in which the Judiciary is run and duties are performed. I am aware that certain reforms will require constitutional reforms. It is possible for the Judiciary to make every magistrate and judge accountable to the public for the work they do. It is possible to have indicators that measure the quality and quantity of the work of judicial officers. These do not need constitutional review.

The returns the Judicial officers make every month can be subjected to a vetting committee, which can then monitor what is happening. It is also possible to have proper criteria for appointment of Judicial staff, so that people of integrity and those who have excelled, either while serving in the Judiciary or working elsewhere, can be appointed. It is wrong to use reform language while continuing to appoint people implicated in graft, even those who recently stepped down from parastatals because of graft. Reform language must be matched with reform actions. It is time that the Government took up its duties seriously and ensured that there are reforms in the Judiciary. We also need reforms in the police force. Some of those reforms need not wait for constitutional review. We know that the police authority cannot be formed without the review of the Constitution, but it is still possible to make certain changes, which will pave way for reform. We cannot continue with the wanton violation of human rights of Kenyans by a section of the police force without doing something about it.

The recent killings in my home district, Kirinyaga, and in parts of Nyeri, is an indicator that something drastic needs to happen to the police force. For the last two years, the police force has been fighting Mungiki by perpetrating criminal acts on Kenyans. We cannot fight crime with crime. There is nothing in the law that permits police officers to become executioners. They are supposed to apprehend suspects and take them before a court of law. Use of fire is only allowed if the lives of the police officers, or citizens, are threatened. We now hear routinely of police gunning down this or that suspect. We no longer hear of arrests. Kenyans demand that the police officers follow the law. Citizens must also follow the law. I am calling upon the so-called vigilantes in my home district to know that once they arm themselves and burn people’s houses, they cease to be vigilantes and become criminals.

We cannot fight crime with crime without eliciting the kind of reaction that was seen; a cycle of violence. We are calling for calm and for leaders to know, myself included, that this is no longer a purely Government matter. We have to be active as leaders in talking to our community and the people to ensure that we all abide by the law and find solutions to the many social problems that may lure our youth to wayward matters.

Mr. Deputy Speaker, Sir, the Speech also fell short on issues of corruption. It is idle to talk of Vision 2030 without showing that bold steps are being taken to fight

Mr. Deputy Speaker, Sir, I also want to support the Address.

The Address fell short of calming down the political climate in the country. Only last year, we went through very tumultuous times in this country. As Mr. Speaker said yesterday, the blood that was spilled has not even gone under the ground. In many places, we still have Internally Displaced Persons (IDPs). We still have old women and children living in tented camps, one year down the line. Kenyans are not happy with us. They are saying that we are only interested in politics and our stomachs. That may well be true. Mr. Deputy Speaker, Sir, the true perspective is that, as a Government comprising of the most political parties, we are failing Kenyans. I think there is an attempt to grab power from the people and put it in the hands and pockets of very few individuals. The politics of succession is threatening to tear the fabric of this society. It is a shame that we should be treated to politics that is hatched behind doors in night meetings. We, the

(Mr. Wetangula)

On a point of order, Mr. Deputy Speaker, Sir. With due respect to the hon. Members seated at that corner, we cannot hear what the Minister is saying because they are consulting loudly!

Order, hon. Members! Mr. Wetangula deserves a hearing.

(Mr. Wetangula)

On a point of order, Mr. Deputy Speaker, Sir. I would like to seek the Chair’s indulgence because, in moving this Motion, my very good friend and colleague, the hon. Professor, was not able to realise that the very first Procedural Motion that this House adopted was that the Mover was entitled to 20 minutes for moving and 20 minutes for replying.

Mr. Deputy Speaker, Sir, I thank Prof. Ongeri for stepping in for me. I was wresting with traffic jam to get here. I am wondering, because of the importance of this Speech to the nation, could the Chair grant me an opportunity to make a contribution? I

Yes, indeed, the Chair takes note of the fact that the mover of the Motion did not know whether he was moving the substantive Motion or a Procedural Motion. That is why he just stood up and said, “I beg to move”. The Chair is going to allow you to contribute to this Motion and still retain the right to reply.

Proceed!

Thank you Mr. Deputy Speaker, Sir, for that indulgence.

I want to join my colleagues who have spoken before in supporting this Motion. As a nation, we have to appreciate that we live under very unusual circumstances, as Mr. Speaker himself said yesterday. Soon after the General Elections of 2007, this country became a very unusual arena in which to play politics. Because of this, our nation is still hurting as a result of the post-election violence and all that happened. Therefore, we have to congratulate His Excellency the President for the Speech that he made before this House. In fact, the only negative comment I heard out of the House was by a learned friend who is also a former Member of this House, Ms. Njoki Ndung’u. She wrote her comments in a newspaper column and said that issues to do with gender were not sufficiently addressed in His Excellency the President’s Address. Mr. Deputy Speaker, Sir, while I may not necessarily share the sentiments that she put there, it beholves us that when we come to discuss Agenda 4 of the Serena Peace Talks, we have to take that whole thing holistically. If we are going to be serious about creating jobs for the youth. If we do not give the Kenyan youths those jobs, we are sitting on a time-bomb. Mr. Speaker, Sir, 42 per cent of our population as it stands today comprises young Kenyans aged below 15 years. These are very worrying statistics. This is because they are growing very fast. They are also growing into a situation where there is hopelessness and lack of employment opportunities. I think it is important that, as a nation, we rise to the occasion and give hope to the youth of this country. Therefore, even as we talk of Kazikwa Vijana programme which was launched by the President and the Prime Minister, I want to agree with Mr. Midiwo that we should decentralise it to every constituency.

Mr. Deputy Speaker, Sir, the sums that are involved here are tremendous and I do not think, as a nation, we should be run by the International Monetary Fund (IMF) and the World Bank. This is our country and we have to take hold of the destiny of this nation. I am sure that our development partners will have to listen to what we have to say. Therefore, Kazi kwa Vijana is a very useful initiative. I know that there are those amongst them who feel that we should be talking more about the professional cadres. At this time, we are talking about issues of bread and butter. In addition to the Ministry of Water and Irrigation, officials went and cleaned the Yatta Canal the other day but, that canal is over-worked. It has been cleaned every year. I am sure when Ms. Karua was responsible for water, she took interest in that canal. I saw

Prof. Olweny): On a point of order, Mr. Deputy Speaker, Sir. Is the Vice-President and Minister for Home Affairs in order to say that he is thanking Ugandans for lowering their flag which they hoisted on Kenyan land?

Mr. Deputy Speaker, Sir, I know that the hon. Member for Muhoroni, Prof. Olweny, feels very strongly about this. Indeed, we all feel the same way. The position is that not an inch of Kenyan soil should go to another country. You will remember the words of the

Thank you, Mr. Deputy Speaker, Sir. Let me also take this opportunity to contribute to the Address by His Excellency the President to this House. Various issues were raised in the Presidential Speech which included security. The President indicated to us that by the creation of more districts, issues of security would be dealt with. That is moving services closer to the people, but the issues of security in this country go beyond the creation of districts. The first problem with our security system is inequality. The security organs in this country are not harmonised. You will find that the officers in the National Security Intelligence Service (NSIS) are paid five times more than the officers of the Kenya Police and yet, their training is almost similar. Probably,

Thank you, Mr. Deputy Speaker, Sir for giving me this opportunity to also contribute in support of this Motion on the Presidential Address. Let me first start by what the President described as a national crisis; the issue of food insecurity. We continue to experience this problem because of what I will call inequitable policies in the Ministries that are concerned with food production in this country. First, I would like to start with the Ministry of Agriculture. We have several areas in this country that produce food and they have different weather patterns. I am referring to the North Rift, the South Rift and the other areas. I would like to see the Ministry of Agriculture coming up with policies and programmes that suit these areas during different times. If you look at the way the Ministry of Agriculture plans its activities, you will see that they plan them in a uniform way. When they plan for harvesting, they plan for the whole country. When they have plans for planting, they plan for the whole country. However, we have different climatic patterns in this country. For instance, when it is planting season in the North Rift, it is harvesting season in the South Rift. The Ministry of Agriculture should take this into account. So, the issue of supplying fertilizer and seeds should be done differently. When the North Rift is harvesting, the South Rift region is planting. So, when farmers are planting in the North Rift, it is harvesting season in the South Rift, especially in Loitokitok. Such a programme should be made to suit all areas that produce food. Still on the issue of food insecurity, a lot has been said about irrigation. I want to say that if we could put all our resources in the right places, the issue of food insecurity would be a thing of the past. This goes with what my colleagues, who spoke before me, termed as some dams that are being proposed for construction to be used for irrigation. A lot of resources should be put in the Ministry of Regional Development Authorities because these dams are supposed to be under this Ministry. If you take, for instance, the dam in Marsabit and the one in the Ewaso Nyiro Basin, these dams are supposed to be done by the Ewaso Nyiro North Development Authority and the Ewaso Nyiro South Development Authority. There is also Wei Wei in Sigor. They fall under the Kerio Valley Development Authority and Kimira-Oluch in Rachuonyo and Homa Bay, which fall under the Lake Basin Development Authority. These authorities were created by this House to ensure that there is equitable distribution of resources in those areas. They became white elephant institutions due to lack of resources. If resources could be put into the right place, a lot could be achieved in terms of food security. I would like to talk about some of the policies that His Excellency the President said will be introduced in this House during this Session. One of them is the policy on arid lands. Eighty per cent of our land mass is arid. If we could invest a lot of money in

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. I want to support this Motion with reservations. I always say that when Parliament goes on recess, the Government is on a honeymoon. A few decisions have been made by the Government. One of the decisions was to increase the retirement age from 55 years to 60 years. To understand what that meant one needs to look at the age brackets in the Civil Service. As I talk here, the age brackets are as follows. Those who are 20 years and below, in the Civil Service, are 29,000. Those who are between 20-24 years, are 13,000. Those in the age bracket of 25-29, are 23,000. Those in age bracket of 30-34 are 26,000. Those in age bracket of 35-39 are 28,000. Those who are in 40-44 bracket, are 32,000. Those between 45-49, are 36,000 and those who are in the age bracket of 50-54, are 26,000. In essence, we are saying we will prolong the period of those who are supposed to have retired rather than employing those who are in their 20s to join the Civil Service. It has been said that it is very disappointing to have somebody serving in the Government and parastatals at the age of 71 and above. Even those who are 55 years and above should not be entertained. When you are 55 years, you should have invested enough. That is why you are on pension and you can live on your pension. Mr. Deputy Speaker, Sir, at the same time, the Permanent Secretary, Office of the Deputy Prime Minister and Ministry of Finance, was quoted saying that if there are couples serving in that Ministry and its parastatals, they should decide who would go home, in the pretext of discouraging corruption in Government. That reason is not acceptable. It is a decision which was made by the Government and it is totally not acceptable. This House will ensure that the decision is reversed.

Mr. Deputy Speaker, Sir, we have seen a Government where civil servants insult Members of Parliament, and in particular the Permanent Secretary, Head of Public Service and Secretary to the Cabinet. I do not wish to say what he said, but indeed, he insulted each Member of Parliament. I want to remind him that the Head of State is a Member of Parliament. His appointing authority is a Member of Parliament. The Prime Minister is a Member of Parliament. How does the Head of State expect us to support him when he has a civil servant who calls Members of Parliament unprintable names?

Mr. Deputy Speaker, Sir, yesterday’s ruling by the Speaker, perhaps, is what this House needed. My plea to Members is that let us not become troops to fight other people’s wars. Let us not agree to go and help certain political leaders to fight wars. We have seen where Members of Parliament are used to insult other leaders. We must desist from that. This country is tired of political bickering. I wish to plead with our Members who have said they will go to court. By the time the court rules, we will be in the Eleventh Parliament. The best thing is that in yesterday’s ruling, there were no winners or losers. When we saw Messrs. Midiwo and Thuo moving and seconding Motions, respectively, on behalf the Government, it is very encouraging. We are one country and one people.

Mr. Deputy Speaker, Sir, during the holidays I had an opportunity to host the entire Government; the Head of State, the Prime Minister, the Vice-President and Minister for Home Affairs, my good friend here, Maj-Gen Nkaisserry and very many Ministers on the launch of the Project, Kazi kwa Vijana . Let us not call it Jua Kali . If you want to know what Jua Kali is go to Gikomba. It is a lifeline in this country. In fact, we

Time up!

Mr. Deputy Speaker, Sir, with those few remarks, I beg to support.

Mr. Deputy Speaker, Sir, I want to thank you for giving me this opportunity to also make my contribution this morning. The Speech by His Excellency the President, in my very humble opinion, failed short of the expectations that Kenyans had when he took over the Seat of State to address the matters that this Parliament must deal with. Ordinarily, it is a sacred moment when the Head of State is supposed to put clear the agenda that this Parliament is supposed to put before Kenyans and to tackle in this House. My first disappointment was that the President kept on talking about presenting this and that policy. This august House makes laws for this country. We anticipated that there would be a clear programme spelling out the policies the Government intends to introduce in the House. This is what we need to debate. Policy debates do not really amount to much. We have amended the Standing Orders in this House, specifically to save time. We used to bring a Motions here, first of all, as Private Members’ Motions, to seek leave to bring legislation. We debated Motions and after leave was granted, then we brought the real legislation. The process through which Cabinet brings policy documents here for debate is a waste of time. We need a clear programme like the way Parliament has done. You come directly with a Bill and let us debate the laws of this country, as we should. The Cabinet needs to bring proposals of law for us to change the status of this country and not to bring us policy documents for debate. For Christ’s sake, we are paying them enough money and allowances to sit in the Cabinet to debate those policies so that we can have real law proposals from the Government to discuss in this Parliament.

The other disappointment was with the Grand Coalition. There was absolutely no mention. We were just being told that the Grand Coalition is functioning well; the Grand Coalition is not functioning well. In fact, in this very House, Mr. Orengo has said that the Grand Coalition is dysfunctional. We expected to get very clear statements from the Chair of State on how we are going to move forward in terms of consultations and how this Government is going to function. We are very disappointed that, for the fourth week running, there has been no Cabinet meeting. That is not an indication of a functioning Grand Coalition Government. In other countries, which have similar situations like ours, Cabinet meetings are held twice a week. Why? Because it is important for principals, and

Mr. Deputy Speaker, Sir, thank you for giving me this opportunity to contribute to this Motion. I want to support the President’s Speech which has generally outlined the policy issues that he wants the House to handle. I want to focus on the much talked about reforms in this country. We should ask ourselves why we need reforms in the first place. We need reforms because the world around us is doing its business differently. We cannot afford to use the same old skills, styles and apply outdated laws to run the country today. We are seeing the level of poverty increase in this country because we are using old tactics to do current things. This is completely unacceptable. Unless we move forward as a House and take charge of the reforms in this country, I fear that there is no goodwill from whoever we expected to take us through. There is no goodwill from the Government to carry out reforms in this country. You will be surprised at how we have handled the issues affecting some parts of this country.

Mr. Deputy Speaker, Sir, I want to relate this issue of reforms to the marginalized area that I represent. There is not a single kilometre of road passing through Isiolo ever since we got Independence. That means that there has not been any change in that sector and yet money has continued to be allocated to that department. If you look at education, where the results are announced every year, the marginalized areas are at the lower bottom and that does not change. We continue to vote money to the Ministry of Education because we want that part of the Republic to be like the rest of Kenya. Unless we bring in radical reforms, then we should not expect those parts of the country to be like the rest. If you neglect any part of your body, then you cannot expect to be healthy. You cannot expect a better life when you ignore 80 per cent of this country. Look at what we have done in the name of the Ministry of State for Development of Northern Kenya Development and other Arid Lands which has no resources. How are they expected to change that part of the country? Year in, year out, we have seen famine in some parts of this country and people continue living on relief food and nothing is being done. There is

I thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity.

Mr. Temporary Deputy Speaker, Sir, when I listened to the President on the State Opening day, I was impressed by the eloquence of his Speech. But how I wish the President had commenced by registering apologies on behalf of his Government to Kenyans on how the Government has failed Kenyans in addressing matters of corruption!

Mr. Temporary Deputy Speaker, Sir, he should have apologized to Kenyans for the level of insecurity in this country. He should have apologized for how the Government has been posturing and delaying the need for reforms in this country. He should have apologized for the fact that, since the Grand Coalition Government came into operation, we have not seen any attraction of foreign investment into the country. In fact, the youth of this country were expecting an apology because they remain unemployed when they know that both the ODM and the PNU promised them, during the campaigns, that they were going to employ them.

More importantly, Mr. Temporary Deputy Speaker, Sir, I would have expected his Excellency to apologize for the issue of the mismanagement of the food situation in this country!

Mr. Temporary Deputy Speaker, Sir, if we can deny Kenyans security; if we can deny them schooling; if we can deny them drugs in hospitals, food must be brought on the tables of Kenyans, at the very least!

Mr. Temporary Deputy Speaker, Sir, on the issue of leadership in this country, if the President had remembered to apologize, he would not have allowed hon. Olago to raise the point of order which caused the Speaker to make the kind of ruling he made yesterday. All this emanated from the fact that there is no clear leadership in the country. It is important that the country knows that it is not too late for the Prime Minister and the President to go back, preferably to Sagana, where it all started, and agree amongst themselves and then come and address us as Kenyans, the way they addressed us from Sagana on the structure of leadership of this country. The ruling by the hon. Speaker

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is it in order for Dr. Khalwale to make insinuations about a matter that is before a court of law whereby an individual has been arrested, but has not been found guilty, to be discussed here in the House?

Mr. Temporary Deputy Speaker, Sir, the hon. Member is quite right. He is quoting the sub judice rule. For his information, sub-judice rule only limits an hon. Member from talking about the merits and demerits of a matter in court. Have I done so? If not, I am, therefore, in order.

Dr. Khalwale, I do not think any substantive matter was discussed as far as the criminal case pending that is referred to by Mr. Onyonka is concerned. So, there was no breach of the order. Please, proceed!

Thank you, Mr. Temporary Deputy Speaker, Sir.

Your time is up!

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to make a few remarks on the Presidential Speech. Firstly, I wish to echo my support for the Speech that was given by the President. I wish to direct my attention to two to three areas. One concerns the Internally Displaced Persons (IDPs) in this country. It came out very clearly that a very strong effort is being made by the Government to settle the IDPs. In my view, enough has not been done. As I speak right now, there is a good number of IDPs. They are scattered across the country. They need to be assisted. They need food, medicine, tents and schools for

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to contribute to this Motion.

In my comments on the exposition of public policy by His Excellency the President, I wish to say that it was more like a mini skirt, because it exposed little vital information and hid a lot of vital information. I wish to refer to His Excellency’s remarks on the reforms in the Judiciary. It appears that in the mind of His Excellency the President, the reforms in the Judiciary simply means allocating more funds. That is not so. Mr. Temporary Deputy Speaker, in this regard, I wish to totally adopt the address that you gave to this House a few minutes ago. I also wish to adopt the address by Ms. Karua, my learned junior sister. I do not agree with her on very many aspects, especially on the grounds for her resignation from the Cabinet, but I agree with her totally on the remarks she made about the Judiciary. The Judiciary that we have in Kenya today is opaque in the manner in which judges and magistrates are appointed. There is a requirement in the Judicial Service Commission Act that those who are supposed to be appointed to the High Court Bench and the Court of Appeal Bench must be members of the Law Society of Kenya (LSK). Therefore, it becomes necessary that before members of that professional body are appointed to those positions, that body must give its views on the candidates who are supposed to be appointed. I have served for many years as a member of the Council of the LSK. I have served as Chairman of the LSK for many years as well. I know, as a fact, that every time appointments are supposed to be made to the High Court, the LSK’s views are sought.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to contribute to this very important Motion.

I would like to begin my contribution by congratulating the Speaker for the wise ruling he made yesterday. It is important that this country moves forward. Parliament must assume the role of steering this country in the right direction.

Mr. Temporary Deputy Speaker, Sir, I hope the reforms this House will discuss during this Session will be based on law. The Government raised the retirement age of civil servants from 55 years to 60 years without bringing a Sessional Paper before this House. That is impunity. This House will oppose that move because we have thousands

Order, Maj-Gen. Nkaisserry! You time is up!

I beg to support!

Thank you Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to support this Motion. As I support this Motion, it is very important for all of us in this House, and this country, to recollect about the status of this nation. Mr. Temporary Deputy Speaker, Sir, many people in this country and this House hailed the Speaker’s ruling yesterday. While that ruling was able, in many ways, to cool down the political temperatures in the country and restore sanity, as I reflect on that ruling, I think that the Chair overstepped the mandate and trust this House bestowed on him. Mr. Temporary Deputy Speaker, Sir, that ruling must worry two people in this country; not three! That ruling must worry the President and the Prime Minister. It is worrying because of the fact there are constant efforts by people in this country, particularly in responsible positions, to undermine offices of State. Mr. Temporary Deputy Speaker, Sir, in our neighborhood, particularly in a country called Somalia, unfortunately, the things that happened before that country collapsed are the signals I see in my country today. We refused to understand that we

On a point of order, Mr. Temporary Deputy Speaker, Sir. The hon. Member is actually taking us back to an issue which the Speaker made a ruling on yesterday. Is he in order?

Mr. Mungatana): Order! Let me make a brief ruling on that. Hon. Affey, we have been very patiently listening to you but I am afraid you are actually overstepping the boundaries. I would rather you concentrate on the Address by the President and not take us backwards. Thank you!

Mr. Temporary Deputy Speaker, Sir, I am exactly on the Address by the President. The President talked about the status of the Coalition Government. The Address that the President made, I assume, is on behalf of the Coalition Government. Therefore, we need, as a country, to be careful on how we interpret the law. There is every danger that the more we train lawyers in this country, the more this country, I fear, is going backwards. If you give them a law, every lawer interprets it in favour of his own political party or his leader and that is not tenable. Therefore, let me proceed. I was saying that we should not reduce the significance of the offices that are established under the Constitution. The President and the Prime Minister must sort out their problems. This country does not belong to them. It belongs to the 40 million Kenyans. Even as that ruling by the Chair was able to reduce the temperatures, it goes against the tenets of our Standing Orders and this has been said very well by Dr. Khalwale. The reforms in the Judiciary cannot be brought before us if the Government is dysfunctional. This Government is not working as one Government. We have two Governments. Cabinet Ministers are working at cross-purposes. It is the most indisciplined Cabinet you will find anywhere in this region where, even before a Cabinet meeting is over, the deliberations of the meeting are public knowledge everywhere in this country. The deliberations are being discussed in the media and by ordinary Kenyans. It is a very dangerous trend. Therefore, there is every reason for the House and the country to be worried. Mr. Temporary Deputy Speaker, Sir, the President spoke about the opening up of northern Kenya through the establishment of the Port of Lamu. That is very good and we support it. However, that business has been on Government records for a long time. This time, the Government should provide sufficient funding so that, that region is opened up. In fact, many of us are questioning the rationale behind the establishment of the Ministry of Development of Northern Kenya and Other Arid Lands. We celebrated all over, particularly in the regions concerned, but that Ministry has no funding. In the last Budget, the Ministry was allocated an amount of money that was only enough to pay salaries for staff and office expenditure. The money had nothing to do with the reasons why the Ministry was established in the first place. Therefore, this time, we are very vigilant in

Thank you, Mr. Temporary Deputy Speaker, Sir. Like somebody has said before, it is very difficult after

Thank you, Mr. Temporary Speaker, Sir. First of all, I want to say that I support the Motion on the President’s Address. It is unfortunate that I am coming immediately after my colleague, who stood up here to very clearly demonstrate the problems facing this country. As I said, I support this Motion. The President’s Address, to me, is actually normal routine business for the Government. He fell short, at it was earlier said, of addressing the many challenges that are facing this country. It was said earlier that the Speech of the President could not have come at a better time than when he addressed the nation. It came at a time when the Kilaguni Talks had collapsed. It came at time when relations between him and the Prime Minister were strained. Kenyans expected to hear from the President the working of the Coalition Government. The nation expected to hear what direction the President was giving as far as what was happening in this country, especially the working of the Coalition Government. How has the Government implemented the National Accord and the Reconciliation Act? It is high time we rose and said that the problem bedeviling this country is the working of the Coalition Government. The pillar of the working of the Coalition Government rests on the National Accord and the Reconciliation Act. Has that been addressed? Is this Accord working in this country? We cannot apportion blame to Parliament. I am even surprised that a Member of this Parliament or a member of the Executive can apportion blame to Members of Parliament. I am a Member of Parliament and not a member the Executive. We are lawmakers. We cannot be lawmakers, and at the same time, become the Executive or Judges. There must be separation of powers. That is what is wrong in this country now. Unless we understand that and there is a full interpretation of the National Accord and Reconciliation Act--- Unless we understand on what basis the Coalition Government was formed, we will always continue to argue among ourselves. My contention here is that unless that is done, so that we get proper guidance, we will still come back here. The National Accord and Reconciliation Act needs to be properly interpreted, even before this House. Yesterday we were in a situation, which took us a week to resolve. Who know tomorrow what other contentious issues will come up just because of the confusion surrounding the National Accord and reconciliation Act. This Act is not being properly implemented. We have heard here names of senior civil servants being mentioned. Some are being mentioned, not in a good light, just because of the interpretation of this Act. Others are said to be hurdles that cause us not to move properly. The name of the Head of the Public Service and Secretary to the Cabinet has

Thank you, Mr. Temporary Deputy Speaker, Sir. From the outset, I want to support the President’s Speech. There are those who have complained that there are certain issues which were not included in the Speech but I thought that, that is why we have this debate so that what was not included in the Presidential Speech can as well be debated openly now. I will start by saying that, as Kenyans, we like playing politics more than anything else. We cannot play politics from the day we were voted into this Parliament to the next day when we are going to be out of this Parliament. We must differentiate between the time of politicking and the time of sitting down to work. If you look at what Obama has done in the USA, within 100 days, at least, there is something you can attribute to him whereas for over one year, we are still politicking! There is a global crunch where we, as a country, can find ways and means of thwarting it. The crunch is being felt within our locations, districts and provinces. It is being felt! It is a matter which we must come out and see a way of preventing it instead of politicking. There is a period for politics. We cannot politick from day one for the next five years without coming up with a tangible decision; something that will add value to the people of Kenya. It is quite painful that, in this era, the 21st Century, we can still call our colleagues names. Nonsense!

Order! Order, Mr. Ojode! I heard you use a word which is unparliamentary!

Which one, Mr. Temporary Deputy Speaker, Sir?

Order, Mr. Ojode! Just withdraw that word that I heard!

I withdraw, Mr. Temporary Deputy Speaker, Sir, but you know that sometimes you get angry when Kenyans cannot speak as parliamentarians and talk about the future of this country. This country is loved by many people outside but we, as Kenyans, do not love our country because we are not doing anything tangible. We are not doing something substantial to improve the living standards of our own citizens. A case in point is the issue of retirement age. I am glad that I can see Mr. Otieno, who is my neighbour and who is in charge of the Public Service Commission (PSC). I heard the Vice-President and Minister for Home Affairs say that it was a Cabinet decision. If a wrong decision is made in the Cabinet, why can they not do a Sessional Paper so that we debate on the merits and the demerits of that particular decision? If you are talking about increasing the retirement age to 70, 60 or 62 because in most countries, it is 62 years, they should have thought of a rider to that effect; that we should go for special skills and not just all; even drivers, clerks and messengers. My view is that when the new generation ID cards were introduced, there were those who changed their date of birth. Those who were born in 1940 for example had to come and register that they were

On a point of order, Mr. Temporary Deputy Speaker, Sir. The Assistant Minister is talking about extra-judicial killings. Is he in order to mislead this House when extra-judicial killings took place in Kisumu and he said nothing about it? Why can he not discuss that as well? Is it in order for him to discuss the killings in Karatina when there were killings in Kisumu and he does not want to talk about it even when we bring it to his attention?

Mr. Ojode): Mr. Temporary Deputy Speaker, Sir, you are aware that that is not a point of order but a point of argument and he is at liberty to bring a substantive Motion in order to discuss the extra-judicial killings in Kisumu. He knows that I come from Kisumu.

Let me just agree with you that, that is actually a point of argument.

Mr. Temporary Deputy Speaker, Sir, we will never relent on the issue of dealing with Mungiki, who are criminals. About 69 people have so far been arrested and we are continuing. If any hon. Member is found to be sponsoring

, his or her days are numbered. We are going to arrest him or her. I want a situation where if a policeman is killed, we all condemn the killing. It should not just be one-sided. I want to support my police officers. They have done a wonderful job and I ask this Parliament to increase their emoluments in order for us to recruit more.

Order! Your time is up!

Mr. Temporary Deputy Speaker, Sir, I thought you were going to give me another two minutes because he had interfered!

No!

With those few remarks, I support.

Mr. Temporary Deputy Speaker, Sir, thank you for allowing me to contribute and support this Motion. I would like to take this opportunity to hail the Speaker’s ruling of yesterday which saved this country from further crisis. I do remember that in our prayer there is a line which says that we ask our Lord to descend his blessings on us. I thank the Lord for descending his blessings on us in this Parliament yesterday by the ruling which was given wisely by our Speaker. Mr. Temporary Deputy Speaker, Sir, regarding the issue of corruption, as the Government, we have been telling our citizens that there will be zero-tolerance to corruption. It is sad that many Kenyans are blaming us that they are not aware of the outcome on the Anglo Leasing scandal, the Triton scandal and others. It is for us as leaders and the Government to make sure that those scandals are properly investigated and the public to be fully aware of the report. I would like to take this opportunity to inform this House that corruption in the police force has increased. It is good that the Assistant Minister is here. I will give you a typical example of what happened in Lamu yesterday. We had agreed with the District Commissioner (DC) of Lamu, after having a very peaceful demonstration against drugs in Lamu, that all the drugs which were

Order, Mr. Yakub! You still have three more minutes to continue when we resume the debate on the President’s Address.

Hon. Members, it is time now to interrupt the Business of the House. The House stands adjourned until this afternoon at 2.30 p.m.

The House rose at 12.30 p.m.