Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, in accordance with Section 101 of the Constitution of Kenya, the withdrawal of Kshs283,860,390,124, representing one-half of the total net estimates of Recurrent and Development Expenditure made up in the manner set Out in the Vote on Account Schedules laid in the House, be authorized for the purpose of meeting expenditure necessary to carry on the services of the Government of Kenya during the year ending on the 30th June, 2010, until such time as the Appropriation Act for the year comes into operation.

to ask the Minister for Roads:- (a) What is the total cost of the contract for the ongoing patching up of potholes on the Maili Tatu-Laare-Mutuati Road?

Mr. Deputy Speaker, Sir, the Minister of State for Provincial Administration and Internal Security was in contact with me yesterday. He kindly requested the permission of the Chair that this Question be asked tomorrow at 2.30. p.m. He needs some more information.

Indeed, the Minister has also communicated to my office and it is ordered that the Question appears on the Order Paper tomorrow at 2.30 p.m.

to ask the Minister of State for Provincial Administration for Internal Security:- (a) What were the circumstances surrounding the fatal shooting of Messrs. Jeremiah Otieno Ochol and Christopher Gathogo on 13th June, 2009? (b) Could the Minister confirm that the two were removed from a Mombasa- bound minibus and shot at point-blank range by Police officers? (c) What action has the Government taken to apprehend suspects? (d) When will the bodies of the victims be released to their next of kin for burial?

asked the Minister for Medical Services:- (a) why District Hospital Management Boards have not been constituted since the year 2008; (b) when he will constitute these boards to ensure efficient management of hospitals.

Mr. Deputy Speaker, Sir, I beg to reply. (a) Public Health Management Boards have not been constituted since 2008 because of legal challenges occasioned by the split of the former Ministry of Health. Legal Notice No.401 renamed the boards as Facility Management Committees and mandated the Minister for Health to gazette them. After the split of the Ministry, the Office of the Minister for Health ceased to

Mr. Deputy Speaker, Sir, while appreciating the Minister’s answer, I would like to ask him whether he could give a specific time when the new management boards will be gazetted.

He has indicated that it will be in the first quarter of the financial year.

Mr. Deputy Speaker, Sir, I would like to get a specific time.

Mr. Minister, could you give a specific time?

Mr. Deputy Speaker, Sir, I wish I could but the specific time of issuing the gazette notice is not really in my hands. We can prepare the gazette notice but timing of its issue is controlled by other variables.

Mr. Deputy Speaker, Sir, I would like the Minister to tell us how these hospitals have been operating since 2008 without the management boards.

Mr. Deputy Speaker, Sir, that is a very good question. I also puzzled because they need these management boards to operate. I think they have been operating under the old committees, which is a transition period between what existed before and what should now exist under the new legal notice. This is posing a lot of problems.

On a point of order, Mr. Deputy Speaker, Sir. The Minister said, “I think”. I wonder whether that is in order. He is the Minister for Medical Services and he should not tell us what he thinks but how they have been operating.

Mr. Deputy Speaker, Sir, human beings operate by thinking. If you do not think then it would be very difficult to explain anything. So, the hon. Member must bear with me that I am a human being and therefore, I have to think. “I think therefore I am” said the philosopher Descartes. So, it is in order to think in order to state something. So, I will state once again that they are operating in a transition period between the old committees which were under the Ministry of Health and the new ones which are to be gazetted within the first quarter of this financial year.

Mr. Deputy Speaker, Sir, from the time the Ministry of Health was split, we have seen incessant fights between this Minister and the Minister for Public Health and Sanitation. The real reason why they are fighting is to control specific departments and funds. We know that this particular committee has a responsibility of controlling funds including the cost-sharing funds which is a lot of money. Could the Minister confirm that the reason why there are these delays is because they are fighting with his colleague over the control of funds that come under these particular management boards?

Mr. Deputy Speaker, Sir, I thought the hon. Member was in the House when I was explaining what is happening, but if he wants to explain it in a different way, then he has the democratic right to do so. The reason why there has been a delay is due to legal

Mr. Deputy Speaker, Sir, I would like the Minister to confirm that service delivery has been compromised as a result of the split of the Ministry of Health.

Mr. Deputy Speaker, Sir, I do not think that service delivery has been compromised because the old boards of management are still functioning and until they get a hospital superintendent and get new procedural rules from the Ministry, they cannot do any other thing but follow the rules that exist. All I am saying is that the new boards of management cannot come into being until the proper legal framework is in place but the old boards of management do continue to function. A day before yesterday, I was in Malindi District Hospital where things are functioning. In fact, there was an international surgical camp being held there by 15 very highly qualified American doctors. That could not have happened unless there is a proper governing structure working.

On a point of order, Mr. Deputy Speaker, Sir. I hope you have realized that we have a stranger in the House. There is a bird in the House and I hope you will ask the Serjeant-at-Arms to make sure that it gets out of the House.

Order! That is a frivolous point of order.

Is Mr. Kiuna not here? We will leave that Question until the end.

Next Question, Dr. Kones!

asked the Minister for Roads:- (a) what plans he has put in place to ensure that the proposed road from Embomos to Kuresoi is constructed; and, (b) what budgetary allocations he has made for the road.

Mr. Deputy Speaker, Sir, I beg to reply. (a) My Ministry has not put in place any plans for construction of the proposed road from Embomos to Kuresoi since the road is not classified. The District Roads Committee (DRC) should prioritize this road for inclusion in the annual public roads programme for funding by the Roads Maintenance Levy Fund. (b) In view of the above, my Ministry has not made any budgetary allocations for the road.

Mr. Deputy Speaker, Sir, in the last District Security Committee meeting, this road was classified as a security road and my understanding is that, that falls squarely under the Ministry to fund. Could he confirm if that is the case?

Mr. Deputy Speaker, Sir, to the contrary, all roads that are classified as security roads are no longer being constructed and supervised by the Ministry of Roads but the Office of the President. This is quite a handicap on my side in the construction of these roads. However, my officers have allocated about Kshs40,000 for the construction of this road. That is why I advise the use of Roads Maintenance Levy Fund which is at your disposal.

Mr. Deputy Speaker, Sir, since the Minister has confirmed that the construction of such roads fall under the Office of the President, may I know from the Minister whether he has made any provisions to that Ministry so that I can make a follow up?

Mr. Deputy Speaker, Sir, I have not put any provision for the construction of that road but we are in consultation with the Office of the President on how we can handle this very important issue. I also take cognizant of the fact that this is an important road in your area.

asked the Minister for Roads:- (a) why the bridge which was supposed to have been constructed across Road E 626 on Thika River has not been constructed; and, (b) the urgent measures he is taking to construct this bridge which was meant to connect Masinga and Ndithini Divisions of Masinga Constituency.

Mr. Deputy Speaker, Sir, I beg to reply. (a)The proposed bridge across Road E626 on Thika Road has not been constructed because there was no budgetary allocation during the year 2008/2009 Financial Year. (b)The District Roads Engineer has been asked to present the cost estimates for construction of the bridge to the District Roads Committee so that it can be considered for funding through the Roads Maintenance Levy Fund during the 2009/2010 Financial Year.

Mr. Deputy Speaker, Sir, I appreciate the answer given by the Assistant Minister but this bridge was not supposed to be constructed last year. It is a bridge which should have been constructed more than 15 years ago. My people cannot communicate because of this bridge. It has been neglected by successive governments and Ministers. Could he tell us how much he is going to raise through the Roads Maintenance Levy Fund and whether it will be enough to construct this bridge?

Mr. Deputy Speaker, Sir, whereas I appreciate the importance of this bridge, it is the duty of the DRC in which the hon. Member sits to have prioritized its construction in those years. The DRC has already approached the Provincial Bridges Officer to design and give an estimate of the cost of the bridge for discussion and prioritization of the construction for 2009/2010. So, I am waiting for the report. Therefore, I am not be able to tell you the exact amount of money that will be involved here. I am waiting for that report in my office.

Mr. Deputy Speaker, Sir, I wish to remind the Assistant Minister that sometimes last year, he promised to immediately construct Wagor and Wei Wei bridges. Up to date, nothing has been done.

Order! Order, Mr. Litole! If you want to have a Question answered on that particular road, put in a Question. This is a Question by Mr. Mbai. If you have

Mr. Deputy Speaker, Sir, I think the Assistant Minister does not understand the importance of this bridge. When is he going to visit the constituency to see for himself the importance of this bridge so that he can address the issue while he is there?

Mr. Deputy Speaker, Sir, may I assure the hon. Member that I very much appreciate the magnitude of the problem this bridge has caused to the community in that area. I have taken note and I have great concern. That is why I have instructed the Provincial Engineer to give me a report and design that bridge so that I can prioritize its construction in this Financial Year, 2009/2010. All I pray for is a little patience and I will do something about that bridge.

Next Question, Mr. Chanzu!

Mr. Deputy Speaker, Sir, I have not received a written answer.

Do you wish to ask the Question even though you have not received a written answer or would you like to first have the written answer before you can ask this Question and interrogate it properly?

Mr. Deputy Speaker, Sir, it would have been better for me to have the written answer first.

Under the circumstances, Mr. Minister, you should have supplied the hon. Questioner with a written answer for him to acquaint himself. Where is the Minister for Agriculture? Let us go to the next Question!

asked the Minister for Education:- (a) whether he could confirm that Maji Mazuri Girls’ and Maji Mazuri Day schools in Koibatek District are understaffed by ten and six teachers respectively, after the same number of teachers were transferred from the schools last year without replacement; and, (b) what measures he has put in place to post more teachers to those schools.

Mr. Deputy Speaker, Sir, I beg to reply. (a) I am aware that Maji Mazuri Girls’ Secondary School has a shortage of six teachers and not ten as indicated by the hon. Member. Currently, the school has 13 teachers on duty. Likewise, Maji Mazuri Day Secondary School has a shortage of six teachers against three who are on duty. However, due to the under-enrolment with only 29 students from Form I to Form IV, the Ministry cannot post more teachers to the school since this would create serious under- utilization of the personnel.

Mr. Deputy Speaker, Sir, I am really surprised by the answer the Assistant Minister has brought to the Floor of the House. Ten teachers were transferred from Maji Mazuri Girls’ Secondary School to other schools. We are not calling it a shortage! These ten teachers were transferred to elsewhere and we want them back before the so-called recruitment of teachers is done. Magi Mazuri Mixed Day Secondary School, which the Assistant Minister says, has only 29 students, it actually has 104 students. Therefore, he must adequately staff those schools. But for now, when are they bringing back the ten teachers they took from Magi Mazuri Girls Secondary School?

Mr. Deputy Speaker, Sir, it is true that many teachers left various schools in the country due the crisis we had last year. The schools in question were among those schools that were affected, so even students left. The staffing is based on a curriculum-based establishment. So, the number of students in that school will be used to calculate the number of teachers to be posted there school. That is what gives us the shortage that we have in that school as of today. You will get teachers replaced but it may not be necessary to have the ten teachers he is talking about. The replacement will depend on the curriculum-based establishment for that school. As for the day school, the information we have as of now, we will replace the number that I have given him. But if the numbers increased, the principal will give us the requirement based on the number of students that they have and then we shall post teachers appropriately.

Mr. Deputy Speaker, Sir, the shortage of teachers in this country is affecting the quality of education. Could the Assistant Minister state what the current shortage of teachers is and what steps he is taking to ensure that the shortage is reduced?

Mr. Deputy Speaker, Sir, I think the real shortage of teachers in this country today is over 40,000. But in the next financial year, we are going to recruit only 6,000; that is based on the amount of money that is given to us by the Treasury, which is approved by this House. So, in the next financial year, we have been given only Kshs1.7 billion which will help us recruit 6,000 teachers. If we got all the money that is needed, then we shall have zero shortage.

Mr. Deputy Speaker, Sir, I would like to, first of all, congratulate the Government for the recent plan to recruit teachers on contract so that they can reduce the problem of shortage of teachers. The problem that is in Maji Mazuri could be the same problem that we have in Garsen. What formula is the Assistant Minister going to apply so that all of us, the few teachers who are going to be recruited, we are going to have a fair share? There has been very erratic distribution of these teachers and marginalized areas have continued to be marginalized. Could the Assistant Minister tell us the formula he is going to utilize to distribute the teachers fairly?

Mr. Deputy Speaker, Sir, the distribution will be based on the shortage countrywide; that is, as of now, the number for every district in terms of teachers shortage is what we shall use. But if he wants the actual data, I can provide it because I did not bring it today. I can provide the data on the actual shortage of teachers countrywide per district.

On a point of order, Mr. Deputy Speaker, Sir. The Assistant Minister is not going to get away with this. I did not ask for data; I asked for a formula. He is a professor

What is the formula?

Mr. Deputy Speaker, Sir, I think that is an issue that needs a professor. We have the formula of posting teachers to various schools and that means to the various districts---

What is the CBE?

It is the curriculum-based establishment (CBE) which I have laid before the Table repeatedly. If he wants it, I can go and bring it and lay it on the Table. Based on the CBE, we come up with the number of teachers that is needed per school and, therefore, per district. Then, that number is proportioned out so that those which have the highest shortage will receive a bigger share. Those ones with the lowest shortage will receive a lower share so that everybody benefits across the board. Thank you, Mr. Deputy Speaker, Sir.

Ask the last question on this, hon. Lessonet!

Mr. Deputy Speaker, Sir, I appeal to you to still give time to hon. Members---

Order, hon. Lessonet! It is not your business to determine how much time will be given! This Question has had ample time.

Thank you, Mr. Deputy Speaker, Sir. My last question to the Assistant Minister is: There are three teachers in a whole school which is registered by your Ministry. They are teaching 104 students. In the other school, you decided to transfer ten teachers and you are telling me that I must wait for recruitment. Those teachers went to a particular school. When are we going to get back our ten teachers, Mr. Assistant Minister? Please, answer my question. I want my ten teachers for Maji Mazuri Girls Secondary School!

Hon. Member, those are not your teachers. Those teachers are employed by Teachers Service Commission and they are distributed based on the formula that I have just told you. So, we shall post teachers to that school based on the need. We shall do it in next financial year! They are not your teachers!

On a point of order, Mr. Deputy Speaker, Sir. I want the Assistant Minister to answer my question. He transferred those ten teachers and he is coming here to tell me--- Maji Mazuri Girls has 600 students. In fact, by your formula, the teachers in that school should be 24, if you use the CBE! Please! You transferred ten teachers!

You have made your point, Mr. Lessonet! Hon. Assistant Minister, the teachers were initially posted to that school on the basis of the establishment!

Mr. Deputy Speaker, Sir, the teachers were removed from that school when the students also left the school. That is because of the crisis that we had last year. We all know that many schools were affected. But after that---

Mr. Deputy Speaker, Sir, let me respond to him!

Order, hon. Lessonet! Proceed!

After that, schools got back their students. But it may not necessarily be the same number that they had. So, the staffing that we are going to do now will be based on the actual number that is in those schools. So, even the school that you are talking about will get the

Next Question! This Question has had ample time. Hon. Koech!

Where is hon. Koech! Is he out of the country on official parliamentary business? The Question is dropped!

Next Question by hon. Peris Chepchumba!

asked the Minister of State for Provincial Administration and Internal Security:- (a) what progress he has made in apprehending and prosecuting the real culprits in the arson attack on the Kenya Assemblies of God Church Kiambaa in Eldoret in January, 2008; and, (b) what plans the Government has to compensate the persons who were wrongfully arrested and incarcerated for almost 13 months in respect of the offence.

Indeed, the Minister had indicated that he would want Questions, including this one, to be deferred to another time. Therefore, this Question is deferred to tomorrow afternoon!

alimuuliza Waziri wa Ulinzi:- (a) ikiwa Waziri ana habari kuhusu mlipuko wa bomu tarehe 13/6/09 katika eneo la Nairoborkeu, tarafa ya Loroki, wilaya ya Samburu ambapo mtoto wa miaka 12 aliuawa; na, (b) hatua zinazochukuliwa na Serikali kuzuia milipuko ya mara kwa mara, ikizingatiwa kwamba tangu mwaka wa 1990, mabomu yamekuwa yakilipuka na

Bw. Naibu Spika, naomba kujibu. (a) Ni kweli kwamba uchunguzi wetu wa awali ulithibitisha kwamba tukio hilo lilitokea kule katika eneo la Nairoborkeu, tarafa ya Loroki, wilaya ya Samburu ya Kati mnamo Jumamosi tarehe 13 Juni, mwaka huu. Nasikitika kwamba kutokana na kisa hicho, mtoto mmoja mwenye umri wa miaka 12 kwa jina Tetema Lekariekeu aliuawa na mlipuko wa bomu baada ya yeye kulichukua bomu hilo na kulipigisha kwa mwamba wa mawe. (b) Wanajeshi wa Kenya watafanya kazi ya kutafuta na kutegua mabomu na vifaa vingine ambavyo viko katika maeneo hayo ili kuyafanya salama kwa jamii hiyo. Ahsante, Bw. Naibu Spika.

Ahsante sana, Bw. Naibu Spika. Kwa ukweli, Naibu wa Waziri ametambua mambo yaliyotokea tarehe 13, lakini nasikitika sana kwa sababu tangu miaka ya 1990s, mabomu hayo yako hapo. Jambo hilo limeripotiwa kwa muda mrefu sana ili wanajeshi wetu wa Kenya waende wakayatoe mabomu hayo. Lakini hadi sasa, hakuna hatua iliyochukuliwa. Ningemuomba Naibu wa Waziri ajibidiishe kwa njia ya ukweli kwa sababu hayo ni maeneo ambayo watu wanaishi na mabomu. Mabomu hayo yamesababisha maafa ya watu 13, zikiwemo ngamia, mbuzi, ng’ombe na binadamu. Mabomu hayo pia yamechanganyika na yale ya wanajeshi wa ng’ambo. Bw. Naibu Spika, kwa ukweli---

Uliza swali lako, Bi Leshomo!

Mabomu hayo yatatolewa lini? Kuna kijana mmoja anayeitwa Betro Loronkiya ambaye amepiga ripoti mara nyingi. Alipoenda kupiga ripoti kwa polisi, aliwekwa ndani. Sasa, ninataka Naibu Waziri athibitishe jambo hilo kwa sababu tuko na stakabathi za kutosha.

Ukishauliza swali, mpe Naibu Waziri nafasi ajibu swali lako!

Bw. Naibu Spika, kama vile nilivyosema hapo awali, ni kweli kuwa kisa hicho cha kusikitisha kilitokea na ningependa kulijulisha Bunge kwamba Jeshi la Kenya lilikuwa likifanya mazoezi katika sehemu hiyo katika miaka ya 1980s na 1990s. Hivi sasa, tumeacha kutumia sehemu hiyo kwa mazoezi. Bw. Naibu Spika, vile ningependa kusema, haswa kwa Mheshimiwa aliyeuliza Swali hili na wengine ambao wanaishi katika sehemu ambazo mazoezi ya jeshi yanafanyika, tunafanya juhudi kubwa kila wakati baada ya mazoezi kutafuta vifaa vyovyote, vikiwemo mabomu, risasi na vyombo vingine; tunaviokota na kuvipeleka kwengine! Lakini, haiwezi kukosa kwamba moja ya mabomu yanaweza kukosa kuonekana. Kwa hivyo, vile ningependa kuuliza kupitia kwa Wabunge na maofisa wetu wa kushughulikia utawala na usalama ni kwamba wawajulishe wananchi kwamba wakipata vifaa vyovyote katika sehemu hizo, wapige ripoti. Kama vile kisa hicho cha kusikitisha kilipotokea, kijana huyo alichukua kifaa hicho - pengine hakujua ni nini - na akakipigisha kwa mwamba wa mawe ndipo kikalipuka.

Kwa hivyo, tunaomba wananchi wajue kwamba vifaa hivi ni hatari. Pia, tunawaomba wanapovipata watueleze ili tuvichukue. Kwa sasa, tumeacha kufanyia mazoezi pale. Tunaendelea kusaka sehemu hizo zote kwa minajili ya kutafuta hivyo vifaa.

Bw. Naibu Spika, watu wanaoishi sehemu za kaskazini mwa Kenya wamekosa ardhi yao kwa sababu imetengwa kwa matumizi ya mazoezi ya wanajeshi wa Kenya na wale wanaotoka nchi za Ulaya. Ni vipi wananchi wa sehemu hii ya Kenya watanufaika kutoka

Bw. Naibu Spika, hilo ni swali la kustaajabisha sana kwa sababu ni jeshi la Kenya ambalo linafanya mazoezi pale. Jeshi la Kenya lina manufaa mengi sana kwa wananchi wa Kenya. Kwa mfano, linatoa ulinzi kamilifu kwa nchi. Hata kama hakuna anachoweza kukubali, mhe. Chachu anapaswa kukubali kwamba Wakenya wanalindwa na majeshi ya Kenya. Hiyo pekee ni faida tosha. Kuna faida nyingi ambazo sitataja wakati huu.

Jambo la maana ni kwamba jeshi lolote ni lazima lifanye mazoezi. Kwa kuzingatia sheria, Serikali ina uwezo wa kutenga sehemu fulani kuwa za mazoezi katika kifungu 199 cha Sheria zetu. La muhimu ni kwamba mazoezi yakiisha, vifaa vilivyotumika vitolewe na wananchi wajulishwe. Kifungu cha tatu cha sheria zetu, kinasema kwamba wananchi hawaruhusiwi kutangatanga ovyo ovyo katika sehemu zilizotengwa kwa minajili ya mazoezi ya wanajeshi.

Mr. Deputy Speaker, Sir, free land is not only available in those areas---

Bw. Abdirahman, Swali limeulizwa katika lugha ya Kiswahili. Unawajibika kutumia lugha hiyo.

Bw. Naibu Spika, tayari Wazari Msaidizi amekubali kuwa huyo kijana aliuawa na bomu lililokuwa katika sehemu hiyo. Je, familia ya kijana huyo italipwa “ridhaa” na Serikali au la?

Bw. Naibu Spika, ningependa kumsahihisha mhe. Abdirahman. Inaitwa “fidia” na si “ridhaa”. Hilo ni swali ambalo uchunguzi ukifanywa na ipatikana kwamba Serikali ilifanya makosa--- Bila shaka tutathibitisha jinsi mambo yalitukia. Pia, tutatekeleza yanayohitajika. Hilo litakuwa ni suala lingine.

Hata hivyo, kwa wakati huu, jambo la muhimu si fidia bali ni kuhakikisha kwamba wananchi wanalindwa. Sharti waonywe wasikaribie maeneo ambayo yana vifaa hivyo. Wakiviona vifaa hivyo, basi wapige ripoti kwa polisi. Hii ni kwa sababu lazima vifaa hivyo vitapatikana huko.

Hoja ya nidhamu, Bw. Naibu Spika. Waziri Msaidizi tayari amekubali kwamba bomu hili lilitokana na mazoezi ya wanajeshi wa Kenya na pia, lilikuwa la wanajeshi wa Kenya. Je, Waziri Msaidizi anaweza kuliambia Bunge hili eti familia ya kijana aliyeathirika haitalipwa fidia?

Bw. Naibu Spika, Bw. Wamalwa ni wakili na bila shaka anaelewa mambo haya. Hapo awali nilisema kwamba kijana huyo alichukua bomu hilo na kulipigisha kwenye mwamba. Hicho kitendo kililifanya hilo bomu kulipuka. Hayo mambo yatafikiriwa wakati wake ukifika. Kwa sasa, tunasikitika kwamba mtoto wa miaka 12 aliaga dunia kwa sababu ya mlipuko wa bomu.

Hoja ya nidhamu, Bw. Naibu Spika. Waziri Msaidizi amesema kuwa chombo hicho kilikuwa kimeachwa hapo. Huyo kijana alikichukua na kukipigisha kwenye mwamba. Kwa nini wanajeshi walikiacha chombo hicho hapo?

Bw. Waziri Msaidizi, wanajeshi wanawajibika kuhakikisha kwamba vifaa kama hivyo haviachwi ovyo ovyo.

Bw. Naibu Spika, nimeeleza kwamba baada ya mazoezi yoyote kufanyika, juhudi kubwa hufanywa kuhakikisha kwamba vifaa vyote vilivyotumika vimeokotwa na kurudishwa mahali pake. Lakini kwa sababu sehemu inayofanyiwa mazoezi ni kubwa sana, kuna uwezekano kwamba kifaa kimoja ama viwili vinaweza kusahaulika. Ndiposa tunasema kwamba

Hoja ya nidhamu, Bw. Naibu Spika. Mlipuko wa bomu ulitokea huko Samburu ya Kati na pakatokea maafa ya mtoto mmoja na watu wengine 13. Aidha kulikuwa na mlipuko wa bomu huko Samburu ya Mashariki na pakatokea maafa ya watu na uharibifu wa mali. Jukumu la Serikali ni lipi kuhakikisha kwamba hapatakuwa na mlipuko wa bomu katika siku zijazo? Ni hatua gani Serikali inachukua kuwafidia wale wanaoathirika?

Bw. Naibu Spika, utakubaliana nami kwamba hiyo si Hoja ya nidhamu bali ni swali. Nimesema kwamba Serikali inafanya mipango kutuma wanajeshi katika sehemu hizo zote kwa minajili ya kuzifagia na kutafuta njia za kuondoa vifaa hivyo vyote. Naomba wananchi washirikiane na wanajeshi wetu wakati huo ukifika ndiposa tuweze kumaliza shida hii kabisa.

Bw. Naibu Spika, ningependa kumwomba Waziri Msaidizi asiseme eti ni bomu moja liko huko kwa sababu mabomu mengi yako huko. Nina thibitisho kwamba mabomu yameonekana katika eneo hilo la Nairoborkeu . Je, hii familia iliyoathirika italipwa kwa njia gani? Je, mali iliyoharibika italipwa? Kuna watu wengi ambao wamehama mashamba yao kwa sababu ya mabomu yaliyomo ardhini.

Bw. Naibu Spika, ningependa kupeana stakabadhi zinazoonyesha ukweli wa mambo. Stakabadhi hizi zitasaidia wanajeshi kujua yaliko mabomu hayo. Itakuwa bora kama Wanajeshi wataenda watoe mabomu hayo kwa sababu yanaleta shida nyingi.

Bi, Leshomo, unaweza kuweka stakabadhi hizo Mezani?

Jambo la ya nidhamu, Bw. Naibu Spika. Umeona lililotendeka katika Jumba hili? Mhe. Leshomo ametembea hadi Mezani bila kutoa heshima kwako.

Bi. Leshomo, ukitaka kuvuka Sakafu, kuna njia ya kufanya hivyo. Wakati mwingine uhakikishe unafanya inavyohitajika.

Ahsante, Bw. Naibu wa Spika. Nafikiri tunaelewa ni kwa nini mheshimiwa anafanya hivyo. Hili ni jambo la kusikitisha. Kama nilivyosema, tutachukua makaratasi yale. Sisi tuko tayari kupokea usaidizi na habari zozote ambazo zitatuwezesha kuzifanya sehemu hizo kuwa na usalama zaidi. Kwa hivyo, ninamwomba mheshimiwa kwamba kama ana habari nyingine zozote ambazo zinaweza kutusaidia, afike afisini mwangu ili tuweze kuyazungumzia mambo hayo zaidi.

Ahsante, Bw. Naibu wa Spika.

Bi. Leshomo, stakabadhi ambazo umewasilisha Bungeni zinaonekana zinafaa, isipokuwa zile zinazotoka kwa magazeti. Kanuni zetu haziruhusu stakabadhi kutoka magazetini. Nyingine zote zinafaa. Nina hakika kwamba Waziri Msaidizi atazichunguza vizuri na kufanya kazi vilivyo.

Next Question!

asked the Minister for Youth Affairs and Sports:- (a) why Kipchoge Keino Stadium has not been constructed to date considering that the Government undertook to provide Kshs.100 million for that purpose in 2007; and, (b) whether any budgetary provisions have been made for the project in the 2009/2010 Financial Year, and when the construction will commence.

The Minister for Youth Affairs and Sports! Is he not here?

Mr. Deputy Prime Minister and Minister for Finance, the Minister for Youth Affairs and Sports, and her Assistant Minister, are not here. What can you tell the House, as part of the collective responsibility of the Government?

Mr. Deputy Speaker, Sir, I would plead that you give me some time to establish why they are not here. By this afternoon, maybe, we can get either the Minister or one of the Assistant Ministers to respond to the Question.

On a point of order, Mr. Deputy Speaker, Sir. That Ministry in particular has two Assistant Ministers. There has been open disagreements on the Floor of this House. Could it be, that is the reason there is a problem? If that is so, what has the Government done to bring order into their disorderly Government?

The Chair orders that this Question appears on the Order Paper tomorrow afternoon on the basis that the Deputy Prime Minister and Minister for Finance has given an undertaking that the Minister, or one of the Assistant Ministers will be here to answer it.

Next Question, Mr. Shakeel!

asked the Minister for Medical Services:- (a) whether he could table the per -province student intake to the Kenya Medical Training Colleges (KMTCs) under the regular and “parallel” programmes, respectively, in the last two years; (b) whether he could tell the House the number of places offered under the “parallel” programme but were not taken up at the same period; and, (c) what steps he is taking to ensure available places are offered equitably among provinces and other administrative units.

Mr. Speaker, Sir, I beg to reply. (a) the per province student intake to the KMTCs under both regular and parallel programmes in the last two years is hereby tabled:

Mr. Deputy Speaker, Sir, I would like to thank the Minister for a very comprehensive answer. However, it does not touch on the elements of parallel and regular programmes. It is alleged that whoever wishes to apply for a vacancy under the regular programme, especially in Nyanza Province, he is told that there are no places available, and that they should go for the parallel programme. Secondly, I am encouraged by the formula for the current year, but it appears that on the basis of 2,000, or 1,946 applicants, 25 per cent is something like 500. I thought that rather the poverty index, another index should be used – which is the need. The need in North Eastern

Mr. Deputy Speaker, Sir, I believe that the need should be taken into account, but I think the poverty index does cover the need concern. In North Eastern Province, there is a great need to recruit more students from there, but the Ministry is taking other steps as well. The other step we are taking is to ensure that in North Eastern Province, we have more mobile units and not stationery units. That is a special programme for the North Eastern Province, which we are undertaking to modernise medical facilities in that area.

Thank you, Mr. Deputy Speaker, Sir. I would like to ask the Minister whether he can give us copies of his answer, so that we can scrutinise it properly because, as he read it out, we could not hear what he was talking about. I would wish that he gives us copies, so that we can ask more questions.

Mr. Deputy Speaker, Sir, the answer will be available in the HANSARD as from tomorrow, I believe. The hon. Member can, definitely, get all the figures from the HANSARD.

Mr. Deputy Speaker, Sir, it is saddening to note that for the last two years, no student from Wajir North District has been admitted to KMTC. I can attest to the Minister that more than 15 students who had scored B-plus in the Kenya Certificate of Secondary Education examination applied for places. Could he tell us if there is criteria other than meeting standards in order for one to be admitted to KMTC?

Mr. Deputy Speaker, Sir, it is because of that concern, which I realized looking at the figures of the two previous years, that we introduced poverty index to ensure that we do not miss out on areas that the hon. Member is talking about. Let me assure the hon. Member that I am going to be particularly meticulous to ensure a fair distribution of students’ intake into the KMTC. Indeed, there are other steps that I will be taking very soon to ensure that the KMTC is much more transparently run and there is a fair distribution of the intake of students.

Mr. Temporary Deputy Speaker, Sir, as much as I appreciate the concerns the Minister has raised particularly on having an alternative means of reaching out to North Eastern Province; he especially talked of special mobile programmes. What criteria is he going to use in the provision of mobile health facilities? How does he intend to reach those places? In the current intake of students to the KMTC, there are regional gaps that already exist. What affirmative action is the Minister taking to bring on board the people from northern Kenya?

Mr. Deputy Speaker, Sir, the health needs of the North Eastern Province are very many. When I say that I am taking special measures, we are already negotiating with the Spanish Government, a special programme for modernization of health facilities in the North Eastern Province. I would plead with the hon. Member to give us time to finish this process so that we can explain it to you when everything is ready so that we can scrutinize the details. In the meantime, it is precisely because of the gaps I have seen in the last two years that we have taken the present measures. In the upcoming intake, we are going to ensure that the gaps that have existed before are not allowed to go on. I do realize, and I am aware, that there are certain gaps where the intake has not been proportionally distributed and deserving areas attended to. That is the attention we are trying to make this time so that we can fill those gaps in the upcoming intake. However, there is very little I can do about what has gone on before because that is already water under the bridge.

Mr. Shakeel, last question!

Mr. Deputy Speaker, Sir, I am very encouraged by the positive approach that the Minister is taking. However, I urge him to ensure that the political patronage that was given for admission in the past is history. Could the Minister kindly see if there is a possibility of coming up with an MTC in northern Kenya?

Mr. Deputy Speaker, Sir, we have an MTC in Garissa but we are also reviewing the whole system nationally to see areas which are served well and those that are under-served. It is precisely because of those inequities in the past, that I hope to take further measures to ensure that they do not recur in the system.

On a point of order, Mr. Deputy Speaker, Sir. The question of inequity cannot be addressed by simply saying, “I undertake certain measures” without telling us what measures these are. Is the Minister in order not to tell us the actual measures? He should not tell us he will modernize health facilities. He should also tell us how he wants to upgrade the medical facility in Garissa by accommodating people to take diplomas and degree courses. Is he in order not to underline to us the appropriate measures he will take?

Mr. Deputy Speaker, Sir, I pleaded with the hon. Member to be patient so that he can be given the details when they are ready. I believe the word “modernization” is very wide. I think at this point in time, it will be premature to provide the kind of details the hon. Member wants when they are not ready. We are in the process of doing so. I would like him to take me for my word that I have the North Eastern Province at heart.

Next Question, by Mr. Odhiambo!

Hon. Members, the Minister and the Questioner have undertaken to have this Question next week on Tuesday. The Chair, therefore, directs that this Question appears on the Order Paper on Tuesday next week! Question deferred!

Question No.1 by Private Notice! Mr. Ntoitha M’Mithiaru!

to ask the Minister for Roads: (a) What is the total cost of the contract for the ongoing patching up of potholes on the Maili Tatu-Laara-Mutuati Road? (b) What is the identity of the contractors and how much have they been paid to date? (c) Could the Minister table the contract documents as well as the Certificate of Registration of the contractors? (d) In view of the shoddy work done, could the Minister undertake to withhold payment until the contractors have done the job satisfactorily?

Mr. M’Muthiaru is not here? Question dropped!

Next Question by Mr. Kiuna!

Mr. Kiuna, first apologise to the House for coming late!

Mr. Deputy Speaker, Sir, I apologise for coming late.

asked the Deputy Prime Minister and Minister for Local Government what steps he is taking to enforce the marketing standards for agricultural produce, particularly packaging regulations of 2005 in all councils markets with regard to potatoes.

Mr. Deputy Speaker, Sir, I beg to reply. My Ministry, in an effort to enforce the marketing standards in the country and to ensure uniformity countrywide, issued guidelines in the Kenya Gazette Supplement No.64 of 5th September 2008. A detailed schedule that covers 41 agricultural produce was published. The maximum weight permitted for a bag of potatoes, both red and white Irish, is 110 kilogrammes. Both the packing laws of 2005 and the 2008 Legal Notice No.113 provide for penalties to any person who contravenes the provision of the said rules or orders. The breach of the by-laws will attract a fine not exceeding Kshs2, 000 or imprisonment for a term not exceeding six months or both. The 2005 by-laws provide for the imprisonment for a term not exceeding six months and a fine not exceeding Kshs2,00 0 or both. All the local

Mr. Deputy Speaker, Sir, I concur with the Deputy Prime Minister and Minister for Local Government’s answer but I do not agree with him that these rules have been enforced. Since September 2008, we have watched some business people and brokers still exceeding this weight. The law enforcers are just watching them as they do this without taking any appropriate action. What steps is the Minister taking to make sure that these business people and brokers uphold the law strictly? This issue has gone on to an extent that traders from our neigbouring countries come to Kenya to exploit our farmers. This is because officers are not following the laws.

Mr. Deputy Speaker, Sir, it is, indeed, unfortunate if enforcement officers are not following the law. However, the gazette notice and the guidelines are very specific. If there is a specific case that may be happening in a specific area where there is serious laxity, I will be happy to get further information from the hon. Member so that these officers may be reprimanded. This should happen in an area where there is that kind of deficiency he is talking about. The laws and the guidelines are there and we expect the officers to follow them.

Mr. Deputy Speaker, Sir, I raised this Question last year in November. I think it was Question No.156 on the Order Paper then. The answer that has been given by the Deputy Prime Minister and Minister for Local Government is the same answer that we got more than nine months ago. I would like to know from the Deputy Prime Minister and Minister for Local Government whether there is any prosecution because this has continued even in Ndaragwa Constituency. Have we had any prosecutions because the articulation of the law is very well in order? Have we been able to enforce this law because Kenyans continue to suffer each and every day as they continue to do potatoe farming?

Mr. Deputy Speaker, Sir, I may not, at this point in time, give any specific indications of who has been arrested or arraigned in court. Because this focuses primarily around Ndaragwa and Molo, I will specifically follow up directly with the local authorities in these two areas so that this law can be enforced.

Mr. Deputy Speaker, Sir, I would like the Deputy Prime Minister and Minister for Local Government to take note and know that right now, they are not only targeting potatoes. They have also gone to an extent of buying carrots. The areas which are mostly affected are Mau Narok and Molo divisions. I said that they come from neighbouring countries because there is no law that is being followed. The officers of the Ministry and even the security personnel are allowing these businessmen and brokers to exploit our farmers.

Mr. Deputy Speaker Sir, I wish to reiterate again that I will follow up this specific issue so that the law is enforced. However, I would like to say that, indeed, there is some good progress although it is not smuggling. The fact that our farmers from Molo and other areas are now exporting potatoes as a commodity should be seen in a very positive context. However, enforcement of the law, to the best of my knowledge, is something we will follow so that proper trading is done. If our farmers want to export potatoes, we should encourage them but make sure that they do it by following a proper legal framework.

On a point of order, Mr. Deputy Speaker, Sir. I do not agree with the Deputy Prime Minister and Minister for Local Government when he says that we are now receiving some foreign---

You do not have to agree with the Deputy Prime Minister and Minister for Local Government! Is he in order or not?

Mr. Deputy Speaker Sir, these people are taking advantage and exploiting our farmers. Therefore, we are not the ones who are benefiting. We are losing to the foreigners.

Mr. Deputy Speaker, Sir, all I can say is that we will support these local authorities and ensure that they enforce the law. Whether the products are going for export or being sold locally, we will direct the councils to enforce the law.

asked the Minister for Agriculture when he plans to establish a fertilizer factory in the country.

Mr. Assistant Minister, you have to apologize to the House for coming late.

Mr. Deputy Speaker Sir, I apologize for coming late and for being absent at the time he first asked the Question.

Mr. Assistant Minister, proceed and answer the Question.

I beg to reply. My Ministry, in consultation with the Treasury and the Ministry of Industrialization and interested partners, are holding consultations on the possibilities of establishing a fertilizer factory. The factory will be established as soon as the consultations are finalized.

Mr. Deputy Speaker, Sir, with due respect to the Assistant Minister, I think the answer to this Question, bearing the magnitude of the problem, is too sketchy and vague. Could he agree with this House that the problems we have had in the agricultural sector, which is the mainstay of our economy, are due to the high cost of inputs? The main input in terms of agriculture is fertilizer. Could he be serious and give us a proper answer to this Question?

Mr. Deputy Speaker, Sir, I want to assure the hon. Member that I am very serious. I know that consultations are going on. There are private partners who have come up with proposals. This issue is being handled by the Treasury, the Ministry of Agriculture and the Ministry of Industrialization. I am aware that the high costs of inputs is a hindrance to our farmers. The demand for fertilizer in Kenya has really grown. We are now talking about 480, 000 metric tonnes of fertilizer which is being used in this country this year. I am also aware that there are few factories which are operating but producing very small quantities of fertilizer like SSP, among others. The Ministry is handling this issue with a lot of seriousness. Once the consultations are finalized, the factory will be set up.

Mr. Deputy Speaker, Sir, I would like to know from the Assistant Minister whether the Kenyan Government will co-ordinate with the other East African countries to set up a fertilizer factory because we have raw materials like phosphate in Tanzania which can be used to start a factory.

Mr. Deputy Speaker, Sir, those are part of the consultations. There are consultations going on between Kenyan, Tanzania and Uganda to put up a factory but nothing has really been finalized. Negotiations are still going on.

Mr. Deputy Speaker Sir, the talks about the fertilizer factory have been going on as much as the constitutional talks have been going on. I believe from the 1980s, we have heard about consultations and feasibility studies with regard to establishing a fertilizer factory and a bullet factory. The bullet factory was established in Eldoret in 1980s. Up to now,

Mr. Deputy Speaker, Sir, I totally agree with the hon. Member that consultations have been going on for a long time. At this point, I would also like to say that the Government has also invited private investors interested in setting up fertilizer manufacturing factories in this country. However, as far as partnership between the Government and the private sector is concerned, negotiations are on-going and I am sure they will materialize this time round.

Mr. Deputy Speaker, Sir, in view of the fact that these consultations have taken place, could the Assistant Minister tell this House whether the construction of a fertilizer factory is a priority in this country and if so, why these consultations are taking long?

Mr. Deputy Speaker, Sir, I have said that the demand for fertilizer in 1986 was 150,000 metric tonnes. Today, we are talking about a demand of 480,000 metric tonnes. We expect this demand to grow to 600,000 metric tonnes. The Government is taking this matter seriously and is negotiating with other partners in East Africa. I assure the House that this time round, something will take place.

Mr. Deputy Speaker, Sir, we cannot really downplay the role played by fertilizers in food production. In view of the fact that without fertilizers food production will be quite low, what short-term measures has the Assistant Minister taken to guarantee food security in this country?

Mr. Deputy Speaker, Sir, we will continue providing subsidies the same way we did this time round. We will also provide fertilizer for the next season at a reduced price until the Government finalises the consultations with the partners.

Last question, Mr. Chanzu!

Mr. Deputy Speaker, Sir, the supplementary answer the Assistant Minister has given indicates that the demand for fertilizers this year is 480,000 metric tonnes. If you convert this into money, we are talking about a lot of money that will be spent. That is close to Kshs30 billion. I would like the Assistant Minister to assure this House that he will “short- circuit” this process. He should talk to the Deputy Prime Minister and Minister for Finance so that the consultations can be finalised immediately, because we will not lose if we come up with this factory. Could he kindly assure the House that he will do that?

Mr. Deputy Speaker, Sir, in fact, I have talked to the Deputy Prime Minister and Minister for Finance. Negotiations are going on with the African Development Bank (ADB) which is ready to fund a fertilizer factory immediately the consultations are finalised.

Next Order!

Mr. Deputy Speaker, Sir, Mr. Ogindo had sought a Ministerial Statement on the appointment of Ms. Priscilla Njeri Komora as a Director of the Capital Markets Authority (CMA) for a period of three years with effect from 9th March, 2009 vide Gazette Notice No.3502 of 9th April, 2009.

Mr. Deputy Speaker, Sir, in reading the Ministerial Statement, which I appreciate to be quite correct, is the Deputy Prime Minister and Minister for Finance satisfied that at this stage of development in Kenya, it is necessary to appoint a retiree to another senior position in the Government? What happened to the song of change that we used to sing during the campaigns? What happened to bringing in fresh ideas from the private sector?

Secondly, is the Deputy Prime Minister and Minister for Finance satisfied that an insider would actually continue to do a proper job? Why not bring someone from the private sector to do the work within the Government? Must we always look within? What happened to the song of change that we used to sing? The Deputy Prime Minister and Minister for Finance was a very active campaigner. What happened?

Mr. Deputy Speaker, Sir, it is one thing to respect and follow the law, but it is another to get public approval of your appointment.

Given the fact that Mrs. Komora was heading a public audit in this country and the organization that she will head will be part of the management that will be audited by a junior

Mr. Deputy Speaker, Sir, with regard to the wind of change, indeed, as hon. Members are aware, the CMA or the Nairobi Stock Exchange in general was being faced with serious governance questions. It was, therefore, important to strengthen the board to deal with some of those challenges. At the same time, as we appointed Mrs. Komora to the board, we also appointed Mr. Cheserem who was previously the Governor of the Central Bank of Kenya, hence bringing in again a wealth of experience in real organising and restructuring public bodies. At the same time, we also brought on board Mr. Mohamed Nyaoga from the private sector. He is a qualified lawyer with strength in the governance field. All this was aimed at strengthening the governance of the CMA.

Mr. Deputy Speaker, Sir, with regard to the question raised by Mr. Mbadi, we are, indeed, satisfied because the position that Mrs. Komora will occupy is a non-executive position. It has nothing to do with management. As I said in my Statement, the fact that the officers were once under her, does not bind them to act contrary to the law. We are satisfied that the KNAO will carry out its independent function despite the fact that Ms. Komora is a Member of the CMA Board.

On a point of order, Mr. Deputy Speaker, Sir. The Deputy Prime Minister and Minister for Finance has very carefully avoided to answer the bit about retirement. He should not avoid that question. If it was another person who holds that office, we can justifiably say that he is appointing his peers or age mates. Why should the Deputy Prime Minister and Minister for Finance appoint retirees? If you look at the Public Gallery, you will see that there are many young Kenyans who need jobs. Why should he appoint the same old people? Could he assure us that, in his future appointments, he will give a chance to our generation? Those guys have had their chance; they have ruled us and he is appointing them to rule us again? Why?

How is that a point of order, Mr. Mungatana?

Mr. Deputy Speaker, Sir, it is a point of order because he avoided to answer the question on retirement.

Mr. Deputy Speaker, Sir, I want to assure hon. Mungatana that there is no intention of ignoring the young people of this country. We were faced with specific challenges and we needed specific strengths. Indeed, Mr. Mohamed Nyaoga is of our own generation. Indeed, I believe that by strengthening that organization, we are actually creating room for future generations. We have been faced with serious challenges and if we can improve the governance of that particular institution, it will lead to greater opportunities being created for the young people that the hon. Member is referring to. What is important at this stage is for us to get the Capital Markets Authority back on its feet, taking advantage of the best experience that we have. As we continue, I am sure there will be plenty of room for our young men and women to take on board more responsible positions as we go forward.

Hon. Kenyatta, I understand that you have another Ministerial Statement. Today is a Private Members Day. Indeed, you will have to issue the other Ministerial Statement another day. Next Order!

Hon. Kaino, you had spent five minutes of your time. You have 15 more minutes.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to continue from where I left, with regard to this very important Motion that is before the House. Slowly and quietly, this country is creating two categories of education, where the children of the rich and those of the poor go to different schools. From the results of the Kenya Certificate of Primary Education (KCPE), pupils from private schools get opportunities to go to the very best secondary schools. After the Kenya Certificate of Secondary Education (KCSE), the same students take up the best courses in our public universities. This trend is worrying and this House must put a check on it. This House must support this Motion for the benefit of Kenyans and their children. The children in private academies and those in public schools are all the same. They are all the same except that public schools are poorly equipped. Private schools have libraries. For instance, there are libraries in nursery schools, Standard I up to Class VIII. They also have laboratories. The private schools are properly equipped while public schools lack those facilities. You will not get a library in an entire primary school. In some poor public schools, there are no libraries. That is the main difference between students in private schools and those in public schools.

Mr. Temporary Deputy Speaker, Sir, why is it happening like that? It is because of available resources. The owners of those private schools are injecting more money into the schools. They are also supervising their schools. They have also employed managers in their schools. Those private schools have untrained teachers, but the results that come out of them are

Hon. Kaino, who is seconding the Motion?

Mr. Temporary Deputy Speaker, Sir, the seconder of this Motion is hon. Kioni.

Thank you, Mr. Temporary Deputy Speaker, Sir, my name is Kioni from Ndaragwa not Kiuna.

Mr. Temporary Deputy Speaker, Sir, in seconding this Motion, it is important for us to realize the importance of education in this country. Our children cannot access the many available opportunities and privileges without quality education. It is true that with the current

Mr. Temporary Deputy Speaker, Sir, thank you for giving me this opportunity to fully support this Motion. I want to sincerely thank Mr. Kaino for bringing it forward. Education is key to any family and child of this country. It is the wish of every citizen and parent in this country that their children get quality education. It is always the wish of every family that their children get opportunities in schools where there are facilities. It goes without saying that our national schools rank first in terms of having almost all the required facilities in this country. During our time, from the village schools where we went to, all of us had equal opportunities of joining national schools. I do recall that during my time, I travelled all the way to Starehe Boys Centre for an interview because at that time, it was possible for any child from any part of this country learning in our public schools to make it to Starehe Boys Centre. That is not the case today. Our public schools then used to perform very well. After sometime, the performance of our public schools went down. Instead of the Ministry of Education and all us as leaders joining hands to address the problem of poor performance in our public primary schools, we open academies and take our children to them. Mr. Temporary Deputy Speaker, Sir, even the Ministry of Education officers, instead of addressing the issue, also took their children to private schools. Of course, even the Members of Parliament and other people in other positions do not have their children in public schools. As a result, the education in our public primary schools has gone down. Therefore, there is need for us to urgently address this matter.

The concern that we have today is that the state of our public primary and secondary schools is wanting in terms of development. Most schools are poorly constructed. Some of the buildings are made of mud and yet as a country, we keep talking about realizing the Vision 2030. We cannot talk of realizing Vision 2030 if at that time, we shall still be having some of our schools made of mud. Mr. Temporary Deputy Speaker, Sir, most of our public primary schools are seriously under-staffed. These are the schools where the children of the poor go to. It is an issue that needs to be addressed urgently by us as leaders. As a result of the introduction of free primary education we have serious overcrowding in the primary schools. We should not rest, sit back and watch and assume that all is well when in one class we have over 80 pupils being assisted by one single teacher. Most of the academies are boarding schools. So, the distance between the boarding section and the classrooms is very small. As a country, we have not addressed the need to keep construction in many public primary schools in order to ensure access. We still have so many children in today’s Kenya who walk for five kilometres to the nearest school. These are issues that need to be addressed if we really want to bring out the leaders of this country from among all the population. Mr. Temporary Deputy Speaker, Sir, most of the academies also have an attachment of a nursery section but the public primary schools do not have the nursery section. This is something that needs to be addressed because the foundation of education begins from the nursery school. Therefore, many Kenyans are disadvantaged especially when they started school in Standard One before going through nursery school. As leaders, we must inject more money into these schools if we really mean well for the majority of Kenyans today. The offer of free primary and secondary education is not enough. The introduction of free primary and secondary education has seen this country’s budget on education go up. We should not just be spending money every year and not looking at the output from these schools. We ought to ensure that what we invest,

On a point of order, Mr. Temporary Deputy Speaker, Sir. The time-keeper is totally out of sync. May I ask the time-keeper to be more attentive because she forgets to turn the hour glass and sometimes it goes to 15 minutes?

Order, Mr. Shakeel! The Clerks-at-the- Table have adequate experience and they are up to the task and they are doing their job just fine. Mr. Njuguna, please, proceed.

Mr. Temporary Deputy Speaker, Sir, I stand to support this very important Motion. I intend to raise one or two points on the same. It is the philosophy of our country that we support and encourage private investment. The academies have continued to provide quality education because the proprietors have planned on how to improve learning in those institutions. They have invested adequate resources and have also realized the need for effective management in the academies. They have also inculcated the sense of quality work in those institutions. Discipline has also been realized in those academies.

Also a firm foundation has also been laid down and teachers are given incentives. Therefore, these private academies are bound to excel and continue to play a major role in terms of provision of quality education. I would think that it is important that our public secondary schools and other institutions must emulate the performance in these private institutions. It is, therefore, important that, although we continue crying about resources and facilities in our schools, that our teachers start working hard. It is important that we urge our teachers, who are professionally qualified, to work hard or get more devoted to their responsibilities. Our teachers

Thank you, Mr. Temporary Deputy Speaker, Sir. I still feel that the time keeper should use the hour glass so that we know that everybody has a shot. I rise to contribute to this Motion. What we all realize is that the levels of primary education in public schools has dropped. They have dropped drastically because there has not been enough investment in our public sector but we cannot kill off what has come up instead, which is private academies. They have come in because there is a shortage and a need for quality education. We needed to spend more time on improving the quality of education in our public institutions. Unfortunately, we will sit here and talk about it, but this society is no longer a

I think they will!

Thank you, Mr. Temporary Deputy Speaker, Sir. Either we are a socialist society or we are not. The fact is; this is a capitalist society. Unfortunately for us, the quality of education in our public schools has deteriorated and now the Minister is here and he will confirm to us that during our time, public institutions, especially primary and secondary schools, were centres of excellence. Now we only have a few. For argument; sake, in Kisumu, we have Victoria Primary School, which is still a public school but one of excellence. We have Olympic Primary School in Kibera. It has had very good results but what happens? The teachers are transferred from those schools and sent to other places or they are frustrated and they leave. They are taken up very quickly by private institutions. The Ministry needs to come up with what we might call centres of excellence. It should be decided that we will have three or four schools per province which are going to be public schools for which all facilities will be provided as if they are private-run schools. Those schools must not be allowed to be only for the rich and powerful. The rich and powerful should not force their children into those schools. There was a time when Olympic Primary School, which is a public primary school, excelled and a lot of rich people’s children went to that school. It was not because of the fact that it was a public school. It was because the level of academic achievement was good. In Britain, we have grammar schools and I urge the Minister to remember that they are there for children who have achieved a certain standard, whether they are from the rich or poor families and they pay no fees. They are supported by the Government and they are given all facilities. The other thing is that we have quality assurance officers in the education sector. This is a very noble idea and doing very well. But if you see some of those quality assurance officers or the teachers, I remember meeting one quality assurance officer the other day from my constituency. She does not even have an office. She stays in an office with a chief. When you are not giving them that facility, how can they arrange for quality assurance?

The other thing, Mr. Temporary Deputy Speaker, Sir, is the issue that we must remember; the issue that we have--- When we were children, there was milk in primary schools, no matter which primary school you were in! I remember drinking that milk in the morning. It is no longer available to us. But that does not mean that public schools should give up hope. Public schools must be given certain criteria. They should have not more than 50 or 60 students per class. If there are more students in a class than that, then another school must be opened up.

Furthermore, Mr. Temporary Deputy Speaker, Sir, there is the issue of social responsibility. I think if the Ministry is able to come up with some standards which say to all private schools and academies: “Irrespective of what you are doing, you will give 10 per cent or a certain number of your admission to children from needy backgrounds or those who cannot afford such schools. That will be a requirement for you to be registered and you will not be registered unless you meet that requirement.” I think that is one way out. I do not think any private institution would like to lose its registration just because it cannot give sponsorship to needy students.

Mr. Temporary Deputy Speaker, Sir, I rise to support the Motion. Indeed, from the outset, a lot has been said and without being repetitive, there are some observations that we should be able to make. One, for good schools, they require efficient management. Two, a good school requires adequate, experienced and well trained teaching staff. For a good school to deliver quality education, it requires adequate physical facilities. Also, we do require, in that good school that we are looking forward to, good and efficient management. That requires good and well trained head teachers and principals on human resource management.

Mr. Temporary Deputy Speaker, Sir, we do appreciate that the Deputy Prime Minister and Minister for Finance has given the Ministry of Education a lot of support in his Budget. I also commend the Minister for Education for having taken a lot of interest in improving our primary and secondary school education sector. However, it is also important for this House to note that the Government does not have all the resources that we may need to give the best education that this country can afford. On that same note, it is good to commend the private investors. What we require in this area is good policies that consider the lower cadres of our community. Private investments are encouraged in this country, but there is inequality in distribution of places in national schools, where the Government has spent a lot of money in giving the best facilities for the most qualified or the children who have done the best from the primary educational sector. It is equally the same in secondary schools.

Mr. Temporary Deputy Speaker, Sir, ICT is an important element in our development. We do not have to reinvent the wheel in Kenya. The emerging economies have shown that no country will reach that development aspect that we are looking for without sound and good foundation from our primary schools. We do also recall that the Minister for Education, in this House, did say last year that: “Come 2010, the Ministry will take care of early childhood education in every public primary school.” We are looking forward to seeing that being achieved because it also requires more funds in early childhood development stage, where all primary schools will have their own children starting from age five and below. By the time they get to Class I, they would be prepared well enough to handle education.

So you are proposing an amendment?

Yes, Mr. Temporary Deputy Speaker, Sir.

Do you have an hon. Member to second it?

Yes, hon. Njuguna.

Proceed, hon. Njuguna!

Thank you, Mr. Temporary Deputy Speaker, Sir---

Order, Mr. Njuguna! You cannot second the amendment because you have already contributed to the Motion.

Mr. Temporary Deputy Speaker, Sir, Mr. Bwire will second the amendment.

Mr. Temporary Deputy Speaker, Sir, I stand to second the amendment. Could I also use this chance to contribute?

Order, Mr. Bwire! You have to second that particular amendment. Mr. Mwangi, I will give you time to read out the amendment that you have proposed so that Mr. Bwire can follow it. Could you, repeat the ---

On a point of order, Mr. Temporary Deputy Speaker. I am not sure whether it is in order for hon. Members to exchange documents across the Table.

Order, Prof. Olweny! You are right. Mr. Mwangi, I request you to read out that amendment so that Mr. Bwire can follow. (Prof. Kaloki consulted with the Clerk-at-the-Table)

Mr. Odhiambo, are you in a position to second the amendment?

Mr. Temporary Deputy Speaker, Sir, I second the amendment.

Could you contribute a little bit on the amendment you have seconded?

Mr. Temporary Deputy Speaker, Sir, in terms of supervision, it leaves a lot to be desired. Many of our quality assurance officials---

I am seconding the amendment and I think Mr. Mwangi has read it out. Many of our quality assurance officials have not been facilitated enough to monitor the quality of education in our schools. This is because they lack funds and the morale. Therefore, they do not have the ability and facilities to monitor the performance of schools. This amendment, if enacted, will enable school inspectors, quality assurance officials or education officers to do their work better. In my constituency, only one of the quality assurance officers has a motorbike which is not even serviced. Sometimes it is not even fueled. So, this amendment asks for more than just a budgetary allocation. It also seeks to ensure that the monitoring of schools is improved. That way, the quality assurance officers will check and monitor the performance of our secondary and primary public schools. In fact, during the colonial period, the inspectors of schools were allocated vehicles or motorbikes. This enabled them to move round to check the performance of schools. The performance of public schools was better than that of private schools at that time. We support the idea of the Deputy Prime Minister and Minister for Finance that we will have centres of excellence. At the end of the day, those centres will be like the private schools that we are talking about. They will have better facilities than those found in public schools. The people who are endowed with resources will take their children to the centres of excellence. I would rather the money is distributed fairly instead of it being channeled to one school. That way, we will have most schools in constituencies having basic facilities. With the current proposal, we will have one school with excellent facilities while others have none. I am talking about facilities such as laboratories, libraries and ICT centres. We support the idea of creating centres of excellence. However, two things need to be done. First, the centres of excellence should be increased to five per constituency. If this is done, many schools will look alike. Alternatively, the money should be distributed to various schools so that they can buy what they require. Mr. Temporary Deputy Speaker, Sir, the morale of teachers is very low because they are not paid well. Recently, the salary of teachers was only increased after they went on strike. We want the Government to know that unless teachers are paid well, like they are paid in private schools, their morale will be low and their production will not be high. We know of teachers who have left public schools for private schools because of better pay. While in the private schools, they produce better results than when they were in public schools. It has been mentioned that the staffing level in public schools is inadequate. The recommended ratio is one teacher to 40 pupils. Today, we have one teacher handling 180 pupils. Unless this matter is attended to, the quality of education in public schools cannot compare with that of private schools. This can be rectified if more funds are allocated to public schools.

The teachers in public schools work under very difficult conditions as it has been mentioned here. Not only are they poorly paid, but they also do not have decent houses. You will find some teachers living behind shops or bars. They are unable to perform better because the facilities they are exposed to are not good. There are also cases of pupils walking long distances to school and yet there are no arrangements for lunch. They get tired and hungry and this affects their performance. They

Mr. Temporary Deputy Speaker, Sir, I support the amendment. This is a very critical Motion, particularly for those of us who come from rural and marginalised areas. It is true that private academies are concentrated in big towns and urban setups. They are meant to capture the people who are endowed with resources. These are salaried people or those involved in business. Therefore, such parents have the ability to send their children to public schools or private academies. If you visit rural areas, you will only find public schools. This is attributed to high poverty levels. To start with, the rural folk do not have the financial capacity to construct private academies.

Secondly, parents from rural areas cannot afford to raise the school fees charged by private academies due to high poverty levels. Therefore, parents in rural areas do not have a choice but to send their children to public schools. So, I agree with the Mover of the Motion that there is need for increasing the Budgetary allocation for public schools, because the majority of our children go to schools in rural areas.

Mr. Temporary Deputy Speaker, Sir, there are characteristics that are found in public schools, which have already been mentioned. I just want to expound on a few of them. One of them is inadequate physical facilities, and specifically classrooms. It is not unusual to find a classroom that is shared by more than one class. You have pupils from Class I and Class II sitting in the same classroom, but facing different directions. Certainly, in such a scenario, it is not possible for a child to concentrate, because it depends on what subject is being taught. So, such a situation will interfere with the concentration of pupils. We also have a problem of unavailable facilities like toilets. In the event of an outbreak of cholera, or other contagious diseases, many students will be affected due to lack of such facilities, and schools will end up being closed. Mr. Temporary Deputy Speaker, Sir, there is also a problem of inadequate staffing. This is a critical problem in public schools. I want to cite an example in my constituency of Samburu East, where you find only two teachers in a school against seven classes. So, you can imagine what two teachers can do with seven classes. In the event that one teacher is absent, six classes do not get any instruction. What would you expect of such schools when it comes to performance in national examinations? Certainly, poor results, and you know what that means in our case. In our case, where the education system is examination-oriented, it means that unless a child performs well at a given level – say, in primary education - that child will not be able to pursue further education in secondary school, because that will be determined by his performance in the Kenya Certificate of Primary Education (KCPE) Examination. The same applies up to university. So, you find that the education of our children is compromised due to this examination orientated system. Mr. Temporary Deputy Speaker, Sir, availability of water is also critical, particularly in marginalised areas, or in semi-arid areas, where there is scarcity of water all the time. You find that many schools do not have treated water. Unless a school is lucky to have a borehole, which

Thank you, Mr. Temporary Deputy Speaker, Sir. I want to add my support to this very important Motion.

Kenya is a class-based society. We have those who have the means to take their children to the best schools available in the country and, therefore, their children are able to get the best education they can have, and those who do not have that ability, because of lack of means. Therefore, when we treat those two classes of people the same, we do injustice to those who do not have the ability. The responsibility of Government is to try to bridge that gap, so that all citizens of this country can have equal opportunities. Where abilities differ, even opportunities differ. You cannot access the same opportunities. So, in that regard, we need to look at public schools in that special way, so that children from poor families can access quality education, which rich people are able to purchase for their children with the money that they have. Mr. Temporary Deputy Speaker, Sir, the Government has done a lot. We must give credit where it is due. With the advent of the free primary education programme, and the partially free secondary education programme, the Government has been trying to address that historic problem of poor people not accessing quality education. The Government has pumped a lot of money into public schools. If you look at the Budget, you will see that almost one third of the total Budgetary allocations are going to education.

Most of this is going to free primary education and secondary education. However, this Motion is saying that is still not enough. If you go down to the constituencies you will realize that, that is not enough. In terms of physical infrastructure, very little has been done. What is sent to schools is mostly money for maintenance, paying employees and books. However, in terms of improving physical facilities, very little has been done. The little that has been done is more from

Thank you Mr. Temporary Deputy Speaker, Sir, for giving me this chance to support this Motion. First of all, I would want to say that education is the key and it should not be denied to anybody because of their status in life. We have left academies to the rich because they can afford them but have neglected public schools, where as a result of the free primary education, all other children are supposed to be in. Mr. Temporary Deputy Speaker, Sir, we should endevour to put more funds towards education since this is the only thing that we can give our children. Furthermore, we should also enhance the quality of education by making sure that the quality assurance officers are well equipped. They should have enough vehicles and the ability to inspect schools. After the quality assurance has been done, we realize that those reports are normally shelved. Nothing is taken into serious account. We also want to ask our education officers to take our quality assurance reports very serious, so that we can have quality education that we require for our children. We also have to ensure that public schools, before being registered, have all the necessary facilities. We have some secondary schools which have been set up using the CDF money. They

Order, hon. Members! It is now 11.52 a.m. I will ask the Government Responder to respond to the Motion. Prof. Olweny, proceed!

Thank you, Mr. Temporary Deputy Speaker, Sir. I stand to support the Motion. If what the Motion is asking for was to be implemented, then our public schools would be performing much better. I do not think anyone else would be taking his or her child to a private school. It is true that the private schools today are performing much better than public schools. However, sometime back, in the history of this country, the best performing schools were the public schools. Those days, we used to refer to private schools as Harambee schools. They were very bad. They did not have the facilities; they did not have good teachers. All the facilities with good teachers belonged to the Government. However, somewhere along the line, Government resources have been overstretched. The Kenyan population has grown so big that the Government is not capable of handling everything. The private investors have overtaken us because they put up few schools, manage them well, make sure that they have the best facilities and the few students that they have do very well.

It is now time for Mr.Kaino to reply!

Mr. Temporary Deputy Speaker, Sir, I wish to take this opportunity to thank my colleagues and even the Official Responder from the Ministry of Education. It is loud and clear that this is a worrying trend. We are talking about 99.8 per cent of pupils and students who are in public schools in this country. Kenya is sitting on a time bomb. It is going to be a very serious issue. I am happy that most of the Members have come out very clearly on this issue. I also wish to thank the Member who has moved an amendment. It is going to check on quality assurance of our education in this country. The teachers in our public schools should do their job properly. We should have motorbikes going round the primary and secondary schools in the constituencies to check on the kind of education that is being offered in our schools. We want all Kenyans to access quality education. Having thanked the Members who have contributed, I wish also to say that there are some challenges. One of the Members talked about Rwanda and stated that all the secondary schools students have laptops. That is a challenge. Kenya counts herself superior to other countries, but can we also prove it in the education sector? The Constituency Development Fund (CDF) has done marvelous things on the ground and it is only 2.5 per cent of the Budget of this country. If just 0.5 per cent of our Budget is allocated to the education sector, that would improve the quality of our education. I wish to donate two minutes of my time to hon. Kabando wa Kabando and two minutes to hon. Affey---

Order! Hon. Kaino, you have done a good job in moving that particular Motion. This brings us to the end of the Motion. You should have donated your time a little bit earlier.

THAT, aware that children attending private academies in the country have continuously taken up most of the opportunities in prestigious national learning institutions and secured the most marketable courses in the universities as a result of high quality education facilities; concerned that public schools lack requisite facilities and manpower to guarantee quality education; appreciating the need to improve education for children from poor backgrounds in order to achieve equity; this House urges the government to increase budgetary allocation “and to enhance the quality and frequency of inspection, supervision and implementation of the curriculum” to public primary and secondary schools for enhanced quality of education.

Mr. Temporary Deputy Speaker, Sir, I beg to move the following Motion:- THAT, aware that in recruiting officers for the disciplined forces, the following height requirements apply; Armed Forces – 5ft 3” (both men and women), Policemen – 5ft 9”; Policewomen – 5ft 3”; Administration Policemen – 5ft 8”; Administration Policewomen – 5ft 3” and concerned that this requirement is discriminative and is not within any legal framework; this House urges the Government to dispense with this requirement in order to allow for equitable recruitment of all Kenyans who meet other minimum requirements.

Mr. Temporary Deputy Speaker, Sir, Section 82 provides that:-

(1) “Subject to subsections (4), (5) and (8), no law shall make any provision that is discriminatory either of itself or in its effect.

(2) Subject to subsections (6), (8) and (9), no person shall be treated in a discriminatory manner by a person acting by virtue of any written law or in the performance of the functions of a public office or a public authority. (3) In this section, the expression “discriminatory” means affording different treatment to the different persons attributable wholly or mainly to their respective descriptions by race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex whereby persons of one such description are subjected to disparities, disabilities or restrictions to which persons of other such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description”. There is even a further provision under the Constitution, but one of the requirements by those who have been given the responsibilities of recruiting young people into the disciplined forces is that of height. The Constitution clearly provides that no such discriminative requirements should be put in place. It is now common knowledge to all of us in Kenya that getting an opportunity to serve in the disciplined forces is a source of employment in this country. Many such opportunities existed there before but now, we have the disciplined forces recruiting on a regular basis. Mr. Temporary Deputy Speaker, Sir, one of the things that officers who have been given that responsibility are required to do is quickly check the height of an individual. It is known to all of us that none of us can determine how tall we are going to be. There is no amount of effort that you can make to increase your height or reduce it, if that may be necessary at any other point. It is against this background that we need to really think straight on this requirement. In the last recruitment that was done in my constituency, it was difficult to get a lady with the required height. That means that the young people in my constituency did not get equal opportunities with others. Those opportunities were taken to other areas where people have naturally, perhaps for reasons that we may get from the medical doctors, attained that height and beyond. That is really discriminating people from some regions in this country. It is also important to note that we do not have those requirements in any statutes. It is a practice that is there within the Forces; a practice that has been used at times unfairly. It has been used to make some people qualify and get others off the track. The issue of height is a gift from God and one cannot be punished for not getting that gift from God, unless we want to say that there is something that God was supposed to have done and which he did not do.

Mr. Temporary Deputy Speaker, Sir, once again, I take this opportunity to second this very important Motion. This Motion is directed to the youth of this nation. They are the ones who are affected by this colonial barrier and relic that should have been done away with in 1963 when Kenya became a Republic. After 46 years of Independence, this colonial requirement should have been erased from the books of our legal and constitutional system. There are communities in this land whose sons and daughters can acquire the required height but there are others who are not endowed with the same gift. Therefore, it is a very serious denial to our youths in this nation and even to the future of our country if the impediment is not removed. There would not be any joy, happiness and participation of our youths in the armed forces. Patriotic youth of this nation must be given a leeway and an environment created for them to fully participate in the social-economic and political spheres of our country. We have noted that the youths of certain countries have played a major role in maintaining security when they are given opportunities to serve in those areas. One of the countries where the youth with lower heights have been given these opportunities and have done wonders is Israel, where we have young men and women who are short but are well-equipped and most patriotic. They also give service to their country. They have been sent to very important and critical rescue missions to save their own people. They were sent to Entebbe, Uganda where they carried out a very successful mission. Therefore, it is important that we have a review of this height requirement so that our youth can participate fully in the armed forces. Another country where people are very short is Japan but they played a critical role during the World War II.

Therefore, those nations that have modernized their army utilize the talents of their youth. What is happening in our country? Our country was liberated by the Mau Mau Freedom Movement who did not require any height restrictions but they did it. The youths, who are rejected during the recruitment in the armed forces, apply and win United States of America (USA) Green Cards. When they go there, they are absorbed in their military forces. Right now, they are serving in Iraq and Afghanistan. So, why should we deny our youth an opportunity to get into the armed forces due to height restrictions?

Mr. Temporary Deputy Speaker, Sir, I wish to support this Motion by suggesting that we erase those requirements in the history of our books.

With those few remarks, I beg to second.