) to ask the Minister of State for Provincial Administration and Internal Security:- (a) What are 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 at Konza in Machakos?

Hon, Olago is not here. All right. We will move on to the next Question.

Mr. Temporary Deputy Speaker, Sir, I beg to ask the Minister for Regional Development Authorities the following Question by Private Notice. (a) What are the purposes for which the Ministry is currently buying land Ref.LR.NO.16559, CR 22939 – Grant No.LR.22939, survey plan 164333 from brokers and why is the Minister not buying the land from the indigenous occupants? (b) What is the reserve price and how much has so far been paid as the 10 per cent deposit? (c) Could the Minister also give the identity of the persons who are purchasing the land from the brokers and in turn reselling it to the Government?

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) The Ministry has not bought any land from anybody. (b) In view of the answer above, no deposit has been paid. (c) I am not aware of anybody who has purchased the land from the bank or anybody else.

Mr. Temporary Deputy Speaker, Sir, the Minister is not telling this House the truth. I have documents that I am going to lay on the Table to show that his Ministry has actually written to the Ministry of Lands, requesting for a valuation report to ascertain the value of that land with the intention of buying it.

Mr. Temporary Deputy Speaker, Sir, asking for a valuation report is not buying a piece of land. As far as I am concerned, the Ministry has not bought any piece of land from anybody and no deposit has been paid. No agreement has been entered into with anybody. You can ask for a valuation report for anything.

Mr. Temporary Deputy Speaker, Sir, if the Ministry asked for a valuation report, what was the intention?

Mr. Temporary Deputy Speaker, Sir, in fact, it was the Coast Development Authority which had an intention of doing some developments. As far as I am concerned, they had asked for permission to buy any land for their development. That is one of the parastatals under my Ministry. As far as I am concerned, the Ministry has not bought any land from anybody. We have not signed any agreement or paid any deposit. So, as far as my Ministry is concerned, there is nothing to tie us to that particular piece of land.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Initially, the Minister said that he is not aware of any intention by his Ministry to purchase any piece of land. Now, he is saying that he is aware that a parastatal in his Ministry had some intentions of purchasing a piece of land. Is he in order to mislead the House? Could he not have told us from the word go? He is misusing our time. Could he tell us how much he was aware of from the beginning?

Mr. Temporary Deputy Speaker, Sir, the Question is asking whether my Ministry is purchasing that particular piece of land and not a parastatal under the Ministry. The Ministry and the parastatal are two different entities.

Mr. Temporary Deputy Speaker, Sir, I am very surprised that the Minister does not even remember the provisions of the Fiscal Management Act. I would like to quote Sections 12 and 16 of the Fiscal Management Act which requires the Minister to be aware of all public organizations under him and what they are doing. He is supposed to be aware of the accounts of those parastatals. Perhaps, the Minister is not aware of that. I would like to ask him to ask his Permanent Secretary to make him aware of that particular Act. Then, he can ask the Coast Development Authority to give him an answer. Thereafter, he can bring that answer to the House.

Mr. Temporary Deputy Speaker, Sir, the Coast Development Authority has not entered into any agreement with anybody to purchase any land. There is not anything like that. Land is not a shirt that you can pay for and take it away. There must be some agreement before you buy any piece of land. That particular parastatal under my Ministry has not entered into any agreement with anybody to buy any piece of land in this country.

So, Mr. Minister, are you saying that neither your Ministry nor any parastatal under your Ministry has any intentions of buying that particular piece of land? Is that the answer?

Mr. Temporary Deputy Speaker, Sir, that is what I have said so many times.

Mr. Temporary Deputy Speaker, Sir, I have laid on the Table two letters, which are signed by the Permanent Secretary, Ministry of Regional Development Authorities, asking the Ministry of Lands to ascertain the value of that piece of land. It is not the Coast Development Authority, but the Ministry of Regional Development Authorities. I have laid the letters on the Table. Now that the Minister has denied, could he confirm that there are no intentions now and in the future, from his Ministry or the Coast Development Authority to buy that piece of land?

Mr. Temporary Deputy Speaker, Sir, with regard to future development, I cannot commit myself here. Things change every day. Today, we might not be interested in buying that piece of land but, tomorrow, we might decide to buy it. So, I cannot commit myself on that.

On a point of order, Mr. Temporary Deputy Speaker, Sir. I have carefully listened to the Minister. Part “c” of the Question is asking whether the Coast Development Authority or the Ministry itself is buying that parcel of land, which the Minister has constantly denied. The hon. Member has referred him to LR.No.16559 CR 22939.

Mr. Temporary Deputy Speaker, Sir, that is not a point of order. The hon. Member is asking another question. I have made it very clear that, as far as I am concerned, the Ministry is not buying any land and we have not bought any piece of land.

On a point of order, Mr. Temporary Deputy Speaker, Sir. I have just read the letter from the Permanent Secretary, which has been laid on the Table of the House. It reads:- “Pursuant to the Ministry’s mandate of initiating development projects---. The writing is not very clear. It further states:- “ The land which is in private hands will be acquired to facilitate---“

Hon. Ruto, what is your point of order?

Mr. Temporary Deputy Speaker, Sir, is the Minister in order to tell us that his Ministry has no intentions of purchasing that particular piece of land, when the letter from his own Permanent Secretary clearly indicates otherwise? Are they running two separate Ministries? Can we deny the existence of this letter?

Mr. Minister, you do not have to respond to that one. The Minister has already explained that his Ministry and the department under his Ministry is not buying any piece of land. He has already given that answer. Hon. Mwakulegwa, are you satisfied with the answer?

Mr. Temporary Deputy Speaker, Sir, I am not satisfied. The Minister said that this letter is null and void, and I asked him: “Therefore, is there not going to be any transaction on this piece of land?” I have not asked about any other piece of land. I have asked about this particular piece of land.

Thank you. Mr. Minister, could you answer that one?

Mr. Temporary Deputy Speaker, Sir, I said very clearly that, the Coast Development Authority (CDA) has the freedom to undertake any development projects but, at the moment, they have not bought this land. They do not even have money with which to buy it, but as we go on, things can change. So, I am not going to commit myself by saying that we are not going to buy this land. It is possible that we can buy it even tomorrow, but at the moment we are not buying the land.

Next Question by Mr. Mungatana!

WITHHOLDING OF TARDA EMPLOYEES’ SALARIES

Mr. Temporary Deputy Speaker, Sir, I beg to ask the Minister for Regional Development Authorities the following Question by Private Notice. (a) What amount is owed in salary arrears to workers of the Tana Delta Irrigation Project of TARDA? (b) What is the number of workers affected by the non-payment of their salaries? (c) Why has TARDA withheld payment of the salaries for so many years, and when will the payments be made?

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) As at now, TARDA has cleared all the outstanding wage bills amounting to Kshs2,849,893 at the Tana Delta Irrigation Project. In this regard, TARDA does not owe any salary arrears to the workers. (b) The number of casual workers who were affected by the delayed payment of salaries, but who have now been paid up, was 238. (c) The Authority was unable to clear the outstanding wages on time due to lack of sufficient operating revenue from the project, because the irrigation scheme had collapsed in 1997.

Mr. Speaker, Sir, I really want to thank the Minister, because it seems that when I filed the Question, he took the necessary action. I am very happy about that action. Having said, I would like to know what plans the Minister has to ensure that we do not have a lot of people suffering again from non-payment of salary arrears. It has been the habit of the Tana Delta Irrigation Project management to delay payment of wages to employees. These are very poor people. So, what plans does he have to ensure that those people do not suffer the same problem again?

Mr. Temporary Deputy Speaker, Sir, this particular irrigation scheme was initiated in 1997. It was a rice project. Immediately it was initiated – in the first year – there were the El Nino rains, which destroyed the whole scheme. People had already been employed. So, the project did not, really, operate. I am sure that the hon. Member knows very well that the project never operated. So, the people who had been employed at that particular time could not be laid off. They were kept in employment, although the project was not going on. That was why the problem arose, and is why we had arrears. We have an intention of reviving the project. I am sure that, immediately the project becomes operational, these people will be put on the payroll, and they will be paid promptly.

Mr. Temporary Deputy Speaker, Sir, I also wanted the Minister to tell us how many people, from the locality, have been employed on permanent and pensionable terms. There has been a complaint that the local people have always been discriminated against when it comes to employment. As you heard from the written answer to the Question, 238 workers were casuals, but when it comes to permanent and pensionable staff, you will find that the local people of Garsen are discriminated against whereas people from Nairobi and other parts of the country are employed. So, could he give an assurance that when this project is revived, as they intend to do, the people of Garsen themselves will be employed? As of now, what are the figures?

Mr. Temporary Deputy Speaker, Sir, in this particular irrigation scheme, about 98.8 per cent of the employees come from the locality I have a list of the names here. From the list of names, it looks as if these people come from that particular area. There are a few people who came from other places. I would like to assure the hon. Member that, as the Minister responsible for this particular regional body, I will make sure that the majority of the people who will work in this particular scheme will come from the local area, so that we do not have to transport people from other areas to that place. In order for this scheme to succeed, we need to use the local people.

So, Mr. Minister, you are also agreeing to hire permanent employees from the local area? That is the question.

Mr. Temporary Deputy Speaker, Sir, we are going to make them permanent. The problem is that the scheme is not operational right now. The moment it is revived, we will make them permanent.

Mr. Temporary Deputy Speaker, Sir, could the Minister tell us how long it takes the Ministry to have people working as casuals? I am told that in Kishaunet – a project that is under the Kerio Valley Development Authority (KVDA) – people have been working there for ten years without being employed on permanent terms, and that people are transferred from elsewhere to go and work there on permanent and pensionable terms, but the locals are not employed on such terms.

Mr. Temporary Deputy Speaker, Sir, that is a completely different Question, because it is referring to the KVDA. All the same, the problem with some of these Authorities is that they have over-employed. People are just sitting there. They are not working. In fact, they should be telling me to sack them. We are keeping them there on humanitarian grounds. Otherwise, the majority of them are doing nothing .They should be sacked. However, at the moment, it is better for them to be there on temporary basis rather than be removed.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Hon. Murgor used that particular project as an example. It is one of the irrigation schemes. Hon. Mungatana had asked about casual workers. It is traditional in this country to have many workers on casual terms for so long. The Minister said that they are keeping them in employment on humanitarian grounds. Is he in order to say that they are keeping people in employment on humanitarian grounds when, in a sense, that is how they earn their livelihoods? That is the practice in quite a number of Ministries, including his own Ministry. Is he in order not to answer the question that Mr. Mungatana had asked? He keeps on referring to the supplementary questions we put to him, and the points of order we raise, as different Questions when, in a sense, they are relevant!

Mr. Temporary Deputy Speaker, Sir, we are now looking for money to make sure that these projects run. For a long time, most of these projects have not been running. It was not even easy to pay these people. I am sure that if these people were removed from employment, the same Member of Parliament would have come here and asked why they were sacked. So, he should be grateful that I am able to keep people from his constituency in employment; they just sit and are paid for doing nothing.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is it in order for the Minister to mislead this House that he can actually keep people in employment when they do nothing? Is paying people who are doing nothing proper use of Government money?

Mr. Temporary Deputy Speaker, Sir, it is because of bad politics. Even in the Government today, we have so many people who are being paid and are doing very little work. Most of these things were political. However, today we are trying to re-organise them so that we can pay them for what they are doing.

On a point of order, Mr. Temporary Deputy Speaker, Sir. This Minister is one of the beneficiaries of the expanded and bloated Grand Coalition Cabinet. Is he confirming that he is doing nothing in his Ministry and that, in fact, he is merely there for political reasons?

Order, Dr. Khalwale. The Question has nothing to do with the Grand Coalition Government. That is a completely

Mr. Temporary Deputy Speaker, Sir, Dr. Khalwale is one of the MPs who are doing nothing and he is being paid.

Mr. Temporary Deputy Speaker, Sir, I would like to sympathise with the Minister because from what he has said, he is confirming that he does not always come to Parliament. He is confirming that because of his age, he has since lost the capacity to follow current affairs. This is why I would like the Chair to insist that if he does not wish to withdraw, he confirms the above, so that Kenyans can know how these old men are shortchanging us.

Hon. Minister, do you have any further contribution to you Question?

Mr. Temporary Deputy Speaker, Sir, that is enough! However, the hon. Member should know that old is gold. We are now trying to re-organise most of these authorities to make sure they get enough money and that they are running at full capacity, so that people who have been sitting idle can be fully occupied. We would like to make sure that most of them are more productive than ever before, instead of getting rid of them.

asked the Minister for Forestry and Wildlife whether the Government could consider de-gazzeting Dodori National Game Reserve and allowing resettlement of persons who were forced to flee their ancestral land by bandits in 1964, considering that the reserve no longer serves the purpose for which it was created.

Is the Minister for Forestry and Wildlife not here? Is there any Minister who is prepared to give an answer or an undertaking?

Mr. Temporary Deputy Speaker, Sir, on behalf of the Government, I beg that we wait for the Minister whom we expect to come any time. If by the end of Question Time, he will not have arrived, I undertake to inform him that he is supposed to answer the Question either by tomorrow or Thursday. He should come with an explanation as to why he was not here when the Question was called.

Very well. We will wait a little bit for the Minister to get here.

Next Question!

asked the Minister for Environment and Mineral Resources:- (a) if he could confirm that luxury tourist hotels at the Coast still discharge raw sewage into the Indian Ocean; (b) when he will ensure that NEMA carries out all the recommendations made regarding disposal of raw sewage into the Indian Ocean and all inland water; and, (c) how many people NEMA has taken to court over this offence to date.

Mr. Temporary Deputy Speaker, Sir, I beg to request that we defer this Question for two weeks. Before we went for recess, this Question was answered by my colleague. I think there were points for clarifications. I do request that we are given another two weeks to answer it sufficiently.

On a point of order, Mr. Temporary Deputy Speaker, Sir. The ruling of the Chair before the House went on recess was that the Ministry was given three weeks, not to come and answer, but to table a report which was going to confirm the status of the sewer systems in the hotels in Coast Province. Is the Assistant Minister in order to ask for another two weeks?

Mr. Assistant Minister, why do you need additional time to respond to this Question? What is the problem?

Mr. Speaker, Sir, the Minister who answered this Question had committed to provide the list within three weeks, but apparently he is out of the country. That is why I am requesting for another two weeks.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Mr. Gumo said that there are people in this country who are doing nothing. He said that they hold offices on humanitarian grounds and that they are idle and not fully occupied. Are Assistant Ministers under that classification?

Mr. Assistant Minister, you had already been given three weeks to prepare for the answer and now the House is anxiously waiting for it. Could you give the House an assurance that by this coming Thursday you will be able to deliver an adequate answer?

Mr. Temporary Deputy Speaker, Sir, Thursday, next week, is fine.

Mr. Assistant Minister, could you do whatever it takes to assure this House that by this Thursday you will give an answer?

Mr. Temporary Deputy Speaker, Sir, yes, I will.

Thank you very much.

On a point of order, Mr. Temporary Deputy Speaker, Sir. I am just wondering why the Chair would feel comfortable with this assurance of an additional two weeks when the Minister had assured the House that he would bring the information in three weeks time. We have just returned from recess which has lasted for over three weeks!

Order, Mr. Ethuro. I have already ruled that this coming Thursday there will be an adequate answer from the Ministry.

Next Question, Mr. Ruteere.

asked the Minister for Lands:- (a) if he could confirm that terms of Land Boards and land tribunals in North Imenti Constituency expired a year ago and that a selection panel appointed new Lands Boards and new Tribunals in July last year; (b) when the newly appointed members will be gazzeted and when the current civic councilors will replace in the boards those who lost elections; and, (c) when he will issue title deeds for the Kiirua Nkando adjudication unit in North Imenti.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) The terms of Land Control Boards and Land Dispute Tribunals in North Imenti expired after they had served for five years from 2003. Names of the new nominees who were appointed by the selection panel were received by my Ministry in September, 2008. (b) Gazzettement of new members is in progress and will include names of two councilors to replace those who had lost in the elections. Gazzettement was delayed because the names submitted did not indicate who the councilllors were. (c) Kiirua Nkando Adjudication section is at an advanced stage. All objections have been heard and determined and the maps have been forwarded to the director of survey for fair printing. Title deeds will be issued after publication of the maps and issuance of certificate of finality.

Mr. Temporary Deputy Speaker, Sir, from the Assistant Minister’s answer, you realize that one year has passed before the gazettement of those members who were nominated for appointment. How much longer shall we wait before the members of land tribunals and land boards are gazetted? Mr. Temporary Deputy Speaker, Sir, work was finished on the Nkerwa/Nkandwa adjudication unit about two years ago but to date, the maps have not been properly printed. The owners of those parcels of land are waiting anxiously for their title deeds. How much longer will they have to wait?

Mr. Temporary Deputy Speaker, Sir, on the issue of Land Control Boards and Land Disputes Boards, I would like to assure the Member for North Imenti that gazettement will be done before the end of this month. Before I came to the House today, I went to the Government Printer because I had been assured that the gazettement was to be done on 17th. However, I want to assure the hon. Member that come 31st of this month, I believe his members will have been gazetted. On the issue of adjudication, I want to assure the hon. Member that the survey has been completed and we expect the publication done in the first week of August and title deeds to be issued by the end of October.

Mr. Temporary Deputy Speaker, Sir, it is not only enough to appoint these land tribunals and land boards. We realize that many members of these land tribunals and boards have not been paid. When are you planning to pay them?

Mr. Temporary Deputy Speaker, Sir, the attention of the Minister has not been drawn to the issue of non-payment. If that is done, we will ensure that payment is made.

Mr. Temporary Deputy Speaker, Sir, could the Assistant Minister tell this House whether this issue of nominating members of the land boards will be done country wide? It is not only North Imenti where it has not been done, but the rest of the country has not heard anything from the Ministry. They have been telling us that they would do these things, but nothing is happening on the ground. Could the Assistant Minister assure this House that they will do the nomination of members of land boards for the whole country?

Order, hon. Members! There is some loud consultation at the back there! We would like to hear the Assistant Minister! Mr. Assistant Minister, please, proceed!

Mr. Temporary Deputy Speaker, Sir, my Ministry had issued a circular country wide and as and when we receive these nominees, we will keep gazetting them.

Mr. Temporary Deputy Speaker, Sir, could the Assistant Minister clarify what the Ministry is doing concerning fake title deeds which have been cited as affecting our courts and banks?

Mr. Temporary Deputy Speaker, Sir, that is a different question all together. If the hon. Member can just put a Question to me, I believe I will do something for him because he is a very close friend of mine.

Last question, Mr. Ruteere!

Mr. Temporary Deputy Speaker, Sir, could the Assistant Minister assure this House that there will not be any further delays in the issuance of title deeds and gazettment of members of the boards?

Mr. Temporary Deputy Speaker, Sir, it is my undertaking and I can assure the Member that what I have told him will be done on time.

Next Question, Dr. Munyaka!

asked the Minister for Energy:- (a) how many electricity transformers have been vandalized in Machakos Town Constituency in the last one year; (b) the total cost of the loss through this act of vandalism; and, (c) what steps he is taking to curb this practice.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) About 100 transformers have been vandalized in Machakos Town and its environs between January 2008 and May 2009. (b) The total cost is approximately Kshs36.5 million but the resultant loss to the economy, considering the cost of replacement and loss of business to customers, is estimated to be over three to four times this figure. This should be over Kshs100 million. (c)To curb the practice of transformer vandalism, the KPLC has employed the following measures:- (i) Welding the transformers drain corks to make it difficult for the vandals to drain the oil. (ii) Relocating the transformers to more secure areas like next to people’s compounds, public or Government facilities. (iii) The “ Mulika Mwizi Campaign” to sensitize the community so as to assist in deterring the vandals.

Mr. Temporary Deputy Speaker, Sir, I want to thank the Assistant Minister for being very frank and showing the level of vandalism of transformers in Machakos District. However, could the Assistant Minister tell this House how many suspects have been apprehended and charged in a court of law? Considering that Machakos Town Constituency alone has lost transformers worth Kshs36 million, what is the approximate loss country-wide?

Mr. Temporary Deputy Speaker, Sir, starting with the last question, I do not have the figures. However, the cost should be over Kshs1 billion. The leading areas are Nairobi with 40 per cent, Mt. Kenya with about 30 per cent, Western Kenya with about 23 per cent and the least is seven per cent at Coast Province. I do not have the details of the exact number of people who have been arrested. However, there are arrests which have been made. The Energy Act (2006) puts the penalty at Kshs1 million or one year imprisonment if found guilty of vandalizing transformers.

Mr. Temporary Deputy Speaker, Sir, I would like to thank the Assistant Minister for the measures he has just outlined to prevent this theft. However, most of the theft of transformers going on is perpetrated by employees of the KPLC. The Assistant Minister has not told this House what they are doing to these employees who are the lead people in this theft.

Mr. Temporary Deputy Speaker, Sir, a thief is a thief whether an employee of the KPLC or not. We consider them all as thieves and those caught doing that will have to face the law.

Mr. Temporary Deputy Speaker, Sir, the Assistant Minister has not indicated what actions have been taken against the culprits. How many have been charged and taken to court? We know unless such action is taken, the practice will continue. What about those who encourage the culprits by buying the oil? What has the Assistant Minister done to contain that problem?

Mr. Keter, do you have any statistics of arrests or action taken by your Ministry?

Mr. Temporary Deputy Speaker, Sir, I answered that question and said I do not have the statistics on how many people have been arrested. However, we are planning to amend the Energy Act (2006), so that we put in place stiffer penalties. The fine now is about Kshs1 million. I think we need to change this and make it stiffer than that.

Mr. Temporary Deputy Speaker, Sir, now that most of the copper wire that is stolen is used to manufacture other electrical conductors, how many such manufacturers are in this country? How many of them may be involved in dealing with stolen copper wire?

Mr. Temporary Deputy Speaker, Sir, I do not have the figure. I do not know.

Mr. Temporary Deputy Speaker, Sir, considering the high cost of these transformers, could the Assistant Minister consider employing security guards as a short-term measure? The people in the rural areas are willing to guard those transformers since they are very important to them.

Mr. Temporary Deputy Speaker, Sir, recently, there was a tender which is under evaluation. We will not only employ guards but also a software which has an alarm such that when someone touches the transformer, the alarm sends signals to maybe three to six people, maybe the police station, and the base where we will install the programme just like it is done in other countries.

Mr. Temporary Deputy Speaker, Sir, I thank the Assistant Minister for a very elaborate answer. The KPLC have a good campaign called MulikaMwizi. However, they cannot mulika the transformers themselves. Could they consider

the transformers at night so that from a distance, someone can see when the transformers are being vandalized?

Mr. Temporary Deputy Speaker, Sir, we will consider that under the same system which I talked about.

Thank you, Mr. Temporary Deputy Speaker, Sir. Now that the Assistant Minister has confirmed the alarming state of the theft of transformers, could he also confirm that this could also be a cartel by the KPLC staff and people in the market who deal in commodities like oil and copper wire? Could he assure us that he will employ modern technology and put alarm systems so that we can stop this practice?

Hon. Assistant Minister, that is your final submission.

Thank you, Mr. Temporary Deputy Speaker, Sir. I think in the final part of my answer, I said that there is a system which is under evaluation on the sensors which are going to be placed where the transformers are. However, with regard to the

On a point of order, Mr. Temporary Deputy Speaker, Sir. I just wanted to challenge the Assistant Minister. When he said that he cannot confirm that the staff of KPLC is involved, we have to realize that dealing with a transformer requires a professional to do that---

Dr. Munyaka, what is your point of order?

Is he in order to mislead this House that the theft of transformers is not carried out by professionals? It is only KPLC people who are professionals.

Mr. Temporary Deputy Speaker, Sir, I just want to assure the hon. Member that there are so many professionals nowadays. There are so many engineers and so many people who have been trained on transformers who are out there. So, it is not true that it is only the staff of KPLC who are professionals in this area. There are other people out there who are also well trained. However, I am not ruling out the involvement of some of the KPLC staff members who are not honest.

Thank you very much. Next Question, Mr. Gitau!

asked the Minister for Water and Irrigation; considering that Mwea GK Prison uses River Murubara for drainage, and the villagers use the same water for domestic purposes, what urgent measures she is taking to ensure the area residents have access to clean drinking water and the prison stopped from releasing sewerage into the river.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. My Ministry is constructing Ndikiki Water Supply which will serve Ndindiruku, Kiumbi and Kianugu areas that are traversed by Murubara Stream on the downstream of the Mwea GK Prison. The project which is estimated to cost Kshs25 million is being funded by IFAD and is about 40 per cent complete. When completed, this project will ensure that the residents of these areas have access to safe drinking water so as not to draw water from Murubara Stream. The Government, through the Ministry of Home Affairs, is rehabilitating the sewage disposal system of the Mwea GK Prison to prevent any discharges of waste water into the Murubara water course. The rehabilitation measures already undertaken include the construction of a new septic tank, construction of two ablution blocks and the rehabilitation of existing dilapidated septic tanks---

Order, Mr. Assistant Minister! Hon. Members, I do not want to call anyone’s name. Please, let us lower the level of consultation. That way, we will hear the Assistant Minister and everybody will listen to the proceedings and follow what is happening.

Mr. Temporary Deputy Speaker, Sir, I have realized that hon. Members did not realize that I was freezing. I am supposed to be freezing or seated. There is a lot of freezing because of the Hague issue. That is what the consultation is all about. Further, construction of a sewer network and a soak pit is ongoing. Long term measures for a sewerage system to serve not only GK Prison but also Wanguru Urban Centre---

On a point or order, Mr. Temporary Deputy Speaker, Sir. I seek your indulgence. I find it extremely difficult to continue listening to the Assistant Minister admitting before this House and the public that people are, indeed, being fed on sewage at this time. Is the Assistant Minister in order to confirm that such a hazardous thing is happening here in Kenya?

Mr. Temporary Deputy Speaker, Sir, that was your ruling although the hon. Member is completely out of order. There is no way he can raise a point of order when he has not even listened to the full answer.

Proceed, Mr. Assistant Minister!

Mr. Temporary Deputy Speaker, Sir, long-term measures for a sewerage system to serve not only Mwea GK Prison but also Wanguru Urban Centre, Kimbimbi, Muthithi and Kandongu areas are under planning and design. My Ministry will implement the project when the design is completed in the next financial year.

Thank you, Mr. Temporary Deputy Speaker, Sir. I want to thank the Assistant Minister for a very comprehensive answer. However, this has taken very long. The prison was put up 50 years ago. This is something that has been going on for 50 years; our people are using sewage for their domestic use. The Ndikiki Water Project does not incorporate all the residents of the lower part of the stream and the prison has put up a borehole. Could the Assistant Minister consider providing the residents who will not be beneficiaries of the Ndikiki Water Supply with water from the GK Prison?

Mr. Temporary Deputy Speaker, Sir, you will agree with me that part of this Question should be addressed to the Ministry of Home Affairs but on our part, we have taken our challenge. That is why we have allocated Kshs25 million for the project. I want to assure the hon. Member that the money is there and we will complete the project very soon, meaning in the next four months. However, I agree that those who will not be served by this water system should get water from the borehole. If there is a possibility of us digging more boreholes, we will do exactly that.

Mr. Temporary Deputy Speaker, Sir, I would like the Assistant Minister to tell us whether the good people in hon. Gitau’s area will continue to take

Mr. Temporary Deputy Speaker, Sir, we have to be honest. We are aware that there is seepage especially during the rainy season. The only emergency measure that we can take is to speed up this process.

On a point of order, Mr. Temporary Deputy Speaker, Sir. The Government of Kenya is under obligation to ensure that the residents of the Republic, wherever they may be, including Mwea, have access to clean water. This House cannot entertain this kind of answer. Obviously, it is beyond the scope of the Ministry of Water and Irrigation. It also involves the Ministry of Environment and Mineral Resources and that prison. Even if they complete building the water system within three months, the sewer will still be drained into the river and people will consume that water. Is the Assistant Minister in order to mislead this House by saying that by building a water system, water will not be contamination and yet the prison drains sewage into that river?

Mr. Temporary Deputy Speaker, Sir, I definitely agree with the hon. Members that the situation is serious. However, we should realise that, that prison has been there for almost 50 years and yet no action had been taken earlier on. We have taken action---

Order, Mr. Assistant Minister! Is your Ministry doing anything to address the problem?

Mr. Temporary Deputy Speaker, Sir, I have read out the answer clearly. I have said that we are already undertaking a project worth Kshs25 million to correct the situation. However, from what the hon. Member has said, the Ministry of Public Health and Sanitation can close down the prison. Secondly, the Ministry of Environment and Mineral Resources can also take action. The answer will be forthcoming if this House questions why these Ministries have not taken action. However, I have given a categorical answer concerning my Ministry.

Mr. Temporary Deputy Speaker, Sir, could the Assistant Minister clearly indicate the Ministry we can hold responsible for causing deaths of children through diarrhoea because of drinking contaminated water? This is because we want to ensure that the people of Mwea do not continue dying because of neglect on the part of the Government.

Mr. Temporary Deputy Speaker, Sir, we are called the lawmakers because this House passes Bills. The Ministry of Public Health and Sanitation and the Ministry of Environment and Mineral Resources should be held responsible for not taking action. The Ministry of Water and Irrigation should be the undertaker, because it should make sure that the systems that we put in place should provide Kenyans with clean water at the end of the day. Other Ministries are involved if there is further seepage.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Since the Assistant Minister has indicated that this is a cross-cutting issue touching on several Ministries, could the matter be referred to the Office of the Prime Minister, so that it can be given the seriousness it deserves and the good people of Mwea are protected?

Mr. Temporary Deputy Speaker, Sir, I have no objection as long as I will not be asked by the Prime Minister to give papers to be tabled in this House.

That is fine! Mr. Gitau, I refer that Question to the Office of the Prime Minister.

Mr. Temporary Deputy Speaker, Sir, I believe that this directive should come from the Chair because this Questions now falls under the Clerk of the National Assembly. I believe the Chair should direct the Clerk of the National Assembly to take action.

Very well! I defer that Question. It should appear on the Order Paper when the Prime Minister is ready to answer it. The Clerks-at-the-Table should take note of that.

asked the Minister for Roads what urgent steps he is taking to rebuild the bridge connecting Ilika Kyainya, Muvyani sub- locations and Kathemboni to the rest of the district after the main drift connecting them was swept off in 1997 during the El Nino rains.

Mr. Temporary Deputy Speaker, Sir, I beg to reply.

My Ministry has not made plans to build a bridge because a drift would be adequate, given that the water flow is seasonal. Nevertheless, since the mentioned drift falls under a road that is being maintained using the funds from the Roads Maintenance Levy, the District Roads Committee should prioritise it for reconstruction during this financial year. Meanwhile, I have instructed the Roads Engineer to prepare the necessary cost estimates.

Mr. Temporary Deputy Speaker, Sir, I would like to thank the Assistant Minister for his answer. Nevertheless, the river we are talking about, though seasonal has a width of about 20 metres and a depth of 10 metres. The engineer has already done the estimates and the cost of building the drift is about Kshs17 million. This is the amount that the Ministry allocates the whole district for roads. Could the Assistant Minister consider allocating more funds specifically for this bridge which connects half of the lower part of Yatta District?

Mr. Temporary Deputy Speaker, Sir, I will consider that aspect as soon as the District Roads Engineer delivers to my office the cost estimates for the drift and the other road projects he is undertaking.

Mr. Temporary Deputy Speaker, Sir, is the Assistant Minister aware that seasonal rivers are more dangerous to pedestrians and motorists because they come up unexpectedly and wash away people?

Mr. Temporary Deputy Speaker, Sir, I am aware. Indeed, all rivers when flooded can do that.

Mr. Temporary Deputy Speaker, Sir, I am satisfied with that answer. The Assistant Minister has been quite kind to the affected bridges in my area. Keep it up!

What is your final submission, Mr. Assistant Minister?

Mr. Temporary Deputy Speaker, Sir, I am greatly honoured to hear a Member recognise the work of my Ministry. I thank him very much.

On Question No.195 by Mr. Wamalwa, the Deputy Prime Minister and Minister for Finance is out of the country. Therefore, I defer that Question to a later date!

asked the Minister for Youth Affairs and Sports:- (a) why Kipchoge Keino Stadium has not been rehabilitated to date considering that the Government undertook to provide Kshs100 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.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) I am aware that the Government pledged to provide Kshs100 million for the renovation of Kipchoge Keino Stadium. However, the renovation work is yet to start since there was no budgetary allocation in the 2007/2008 and 2008/2009 Financial Years due to financial constraints.

Mr. Temporary Deputy Speaker, Sir, I am happy to report that a budgetary allocation of Kshs100 million has been factored in my Ministry’s budgetary estimates for the 2009/2010 Financial Year. My Ministry is already in discussion with the Ministry of Roads and Public Works to work out the concept, design and documentation works so that it is completed during this Financial Year. Therefore, we shall advertise for tenders as required.

Mr. Temporary Deputy Speaker, Sir, the only thing is to know when the work is going to commence. I understand that there is already an allocation but when is the work going to commence?

Madam Minister, are you prepared to give the date when the project is likely to commence?

Mr. Temporary Deputy Speaker, Sir, as soon as the money is in the Ministry and as soon as we pass the Budget Estimates here, we will begin the work immediately.

As soon as possible?

Mr. Temporary Deputy Speaker, Sir, I cannot give the exact date because it has to go through the tendering process.

Very well!

Mr. Nyambati!

Mr. Temporary Deputy Speaker, Sir, my constituency is one of the constituencies in the country which have produced some of the best athletes, like Nathan Temu who was the first medalist in this country. Others are Charles Asati and Robert Ouko. I would like to know from the Minister when she is going to do the Manga Stadium which has produced some of the best athletes in this country.

Madam Minister, are you prepared to answer that one?

Mr. Temporary Deputy Speaker, Sir, I want to thank the hon. Member for asking the question. We are glad that some of the best athletes came from his constituency. I would like to say that as a Ministry we are committed to develop sports facilities all over the country but this is a different Question. I would like to say that we shall do our best to have sports facilities in all provinces and eventually in all districts and constituencies.

Mr. Temporary Deputy Speaker, Sir, the last financial year, the Government decided to promote soccer at the constituency level. In the constituency tournaments, we are using some of those funds to have some athletics take place. Could she confirm if she intends to also set aside a special fund for athletics so that we can promote that sport?

Very well, Madam Minister that is a good question.

Mr. Temporary Deputy Speaker, Sir, that is a totally different Question. When it is asked, I will answer appropriately.

Mr. Temporary Deputy Speaker, Sir, I do appreciate that the hon. Minister has allocated money to Kipchoge Keino and Nyamira stadiums because they have produced some of the greatest athletes in the Republic. The reason some of our areas have not produced the greatest athletes is because there are no facilities. In particular, Lodwar does not have a modicum of a stadium. When is she going to build a stadium in Lodwar Municipal Council?

Madam Minister, can you comment on that?

Mr. Temporary Deputy Speaker, Sir, I want to confirm that we want to support all areas. That is also a different Question and I want to request my brother, Mr. Ethuro, that we can work together and he can use the Constituencies Development Fund (CDF) to develop basic infrastructure.

Mr. Temporary Deputy Speaker, Sir, I would like the Minister to confirm whether there is any clear plan or strategy to develop facilities at the grassroots level across the country. Again, you get a sense that the Minister’s response as to what she is doing to develop facilities in some of these areas appears to be a very staccato knee-jack response. I would want to know whether the Ministry has any specific strategic plan on how to upgrade sports facilities in all parts of the country. She could also tell us how far the Ministry has gone in preparing for the African Athletics

Mr. Temporary Deputy Speaker, Sir, we do have plans. That Question can be brought and we will give you the answer appropriately.

On a point of order, Mr. Temporary Deputy Speaker, Sir. You have noticed that out of all the supplementary questions that have been raised, the Minister has responded in the same manner; that hon. Members should prepare substantive Questions. As you know supplementary question---

What is your point of order?

Mr. Temporary Deputy Speaker, Sir, is she in order to refuse to answer supplementary questions simply because she is not well prepared and well-versed with her own Ministry?

Well, she was not prepared to answer a completely different questions. She answered those that are here and she has done a good job on that. What is your point of order, Dr. Khalwale?

My point of order is that for every Question, there is usually an allowance for supplementary questions and hon. Members have asked those supplementary questions but she has refused to answer any of them demanding that we send different Questions. Is she in order?

Dr. Khalwale, the hon. Minister did answer Question No.273 parts “a” and “b”.

Last question, Mr. Lagat!

Mr. Temporary Deputy Speaker, Sir, the Minister has answered clearly so I do not have any other question.

Then hon. Minister you have done a good job. Thank you very much.

asked the Minister for Forestry and Wildlife whether the Government could consider de-gazzetting Dodori National Game Reserve and allowing resettlement of persons who were forced to flee their ancestral land by bandits in 1964, considering that the reserve no longer serves the purpose for which it was created.

Mr. Temporary Deputy Speaker, Sir, I wish to apologize to the House that when this Question was called none of us was in the House. I do sincerely apologize.

I beg to reply.

Dodori National Reserve which covers an area of 877 square kilometres was gazetted as a national reserve in 1976 through Legal Gazette Notice No.75 of 14th May, 1976. The gazette notice is as per the provisions of the Wildlife Conservation and Management Act Cap.376 Section 18.

Mr. Temporary Deputy Speaker, Sir, I wonder if the Minister is aware that before Dodori was gazetted, it was fully inhabited by the Bajuni and Boni communities. Since it was gazetted, Lamu District has been depending on relief food which never used to be the case before the gazettement of Dodori. During the Presidential visit to Lamu in 1997, the then sitting Member of Parliament requested the President to degazette Dodori and he gave the directive for the same to be done but nothing was done. In the full council’s meeting in 1998, the degazettement of Dodori National Game Reserve was proposed vide Minute No.42/98 for the benefit of indigenous people. The concern of the people of Lamu is that there is no development which has taken place in the Dodori National Game Reserve. It has neither benefited the community nor the Lamu County Council; the Kenya Wildlife Service (KWS) or the Government. They have been denied the use of the land to improve their livelihoods. There is the Kenya Marine National Reserve which was again gazetted with the Dodori National Game Reserve which has been grabbed and sold to private investors. People were evicted from there. The same is going to happen to Dodori National Game Reserve. What is the Minister doing? Could he tell us why he would ask the people to leave the national reserve and in return give the other grabbers a chance to grab the land? As it is now, there is an NGO called Kibodo which is doing conservation in Dodori. Under what mandate are they doing that?

Mr. Temporary Deputy Speaker, Sir, I am not aware that many years ago the Government accepted to degazette Dodori National Game Reserve. I want to inform the House that there are provisions for degazettement if, indeed, the residents of the area can make representation along with the county council. I am willing to visit that area. If there is need to look at this law that created the reserve in 1976, I am prepared to go on the ground and review this declaration of 1976.

Mr. Temporary Deputy Speaker, Sir, again, could the Minister tell us what is the full requirement for a game reserve to be operational because nothing was done to that game reserve? I am glad that he is prepared to go to Lamu and have a look. I am more than willing to accompany him to go and finalize this issue once and for all so that this land can be degazetted and given to the rightful owners.

Mr. Temporary Deputy Speaker, Sir, just like I have said, I think the hon. Member has an issue which I am prepared to look at. At an appropriate date, we can go to Dodori National Game Reserve to see and review the situation.

Mr. Temporary Deputy Speaker, Sir, I would like the Minister to state Government policy in terms of reafforestation of the country enriched by diversity in order to ensure that our water level can be sustained; and whether what he might propose may not be consistent with such policy.

Mr. Temporary Deputy Speaker, Sir, although this is a different Question, I am prepared to answer it. As the hon. Member and the House knows, we passed the Forest Act, 2005. During this time, this House had authority to degazatte any forest or to declare an area a forested area. So our policy is that we are prepared to listen to the communities that live around the forest. That law created community forest associations and we will listen to the community forest associations in the area. We are

Mr. Temporary Deputy Speaker, Sir, I am just waiting for the date from the Minister so that I can accompany him to Lamu to finalize the issue.

Mr. Minister, maybe a possible visit?

Mr. Temporary Deputy Speaker, Sir, I said that we will meet with Ms. S. Abdalla and make a real good date about this.

Thank you very much!

Next Order!

On a point of order, Mr. Temporary Deputy Speaker, Sir. I am sorry I came late. I was attending to another matter that was equally important but the first Question by Private Notice was to be asked to the Minister of State for Provincial Administration and Internal Security. He contacted me in the morning and said that he was attending the passing out parade at the Administration Police Training College (APTC), Embakasi, and requested that the matter be pushed to tomorrow. A few minutes ago, I saw Mr. Ojode walk into the House, but now, I do not see him.

Order! Mr. Olago, the Minister talked to the Clerk and the Speaker about the possibility of deferring that particular Question. We have already said that if you have no objection, then we will defer the Question to tomorrow.

Next Order!

On a point of order, Mr. Temporary Deputy Speaker, Sir. It is related to the point of order raised by my good friend, Mr. Olago, on Question No.195 on the Order Paper which has been deferred because the Deputy Prime Minister and Minister for Finance is out of the country. We know that there is one Assistant Minister in this Ministry who can avail himself to the House, unless the Chair is of the considered view that both of them are out of the country and there is no other Minister or Assistant Minister who can answer it. In particular, I wish you could also confirm whether, indeed, the Deputy Prime Minister and Minister for Finance is out of the country.

Mr. Ethuro, that is a fair concern but there has been communication from the Deputy Prime Minister and Minister for Finance and Mr. Olago. They were able to address themselves to these issues. I have requested that these particular Questions should be deferred and so we are just agreeing to that. These Questions will be deferred. I do not think there is any issue pertaining to that. Mr. Olago has already agreed to that and so we will move to the next Order.

Thank you, Mr. Temporary Deputy Speaker, Sir. I wish to request for a Ministerial Statement from the Ministry of State for Planning, National Development and Vision 2030 in respect of the recent recruitment of supervisors and enumerators for the upcoming Census.

Mr. Temporary Deputy Speaker, Sir, there have been numerous complaints about irregularities. The exercise was marked by bribery and corruption and biased against, particularly young and unemployed Kenyans, who were left out in that exercise. I would like the Minister, in his Statement, to confirm or deny that the process was flawed and, particularly, it was marked by bribery by members of the Provincial Administration.

Secondly, Mr. Temporary Deputy Speaker, Sir, I would like the Minister to confirm that, if that was the case, what remedial measures have been put in place and whether in some areas like Kiminini Division in my constituency of Trans Nzoia West and Saboti Division, the exercise can actually be nullified and repeated?

Thank you, Mr. Temporary Deputy Speaker, Sir.

All right. Is there any Minister to give an undertaking for that particular Statement?

Thank you, Mr. Temporary Deputy Speaker, Sir. I promise to transmit the information to the Minister. It is not a difficult question because there was no corruption. I think it can be done on Thursday.

All right then. We will take note of that.

On a point of order, Mr. Temporary Deputy Speaker, Sir. I rise under Standing Order No.40, which allows the Prime Minister to make a Statement to this House without being prompted by any hon. Member. In view of the fact that the matter which I am raising is difficult for us to prompt the Prime Minister because the Standing Order does not provide, I am requesting the Chair to use Standing Order No.1 to direct that the Prime Minister brings before this House a Statement in respect of the Report by the Kenya National Human Rights Commission (KNHRC) on Post-Election Violence and the deadlock in the Cabinet over the handling of post-election violence.

Order, Dr. Khalwale! Are you standing there on a point of order? Is that a point of order?

Yes, Mr. Temporary Deputy Speaker, Sir. Mr. Temporary Deputy Speaker, Sir, if you could allow me to start again, you will realize how it is a point of order. I stood up under Standing Order No.40, which allows the Prime Minister to make a Statement to this House. Usually, when he makes such Statements, he is not prompted. He chooses, out of his own volition, a matter which he thinks--- Can I allow you to consult?

Thank you, Dr. Khalwale. Are you through?

Not yet, Mr. Temporary Deputy Speaker, Sir.

All right. Proceed!

Mr. Temporary Deputy Speaker, Sir. The Standing Order allows the Prime Minister to make a Statement to this House - any Statement – without being prompted by any hon. Member. So, because the House has had no opportunity to prompt the Prime Minister on matters of great national importance, I am requesting the Chair, with your indulgence, to rule, using Standing Order No.1, that the Prime Minister is directed to come before this House and give us a report in respect of the Report by the KNHRC on Post-Election Violence and the deadlock in the Cabinet over the handling of the post-election violence.

Mr. Temporary Deputy Speaker, Sir, when you direct him, he should tell us whether the Report by KNHRC was approved by the Cabinet before it was made public-- -

Order, Dr. Khalwale! Order! Order! I am now going to direct on this particular question. I thought it was going to be a short point of order. You can file that in form of a Question and it will come before the House in the next available time. The Prime Minister will come and undertake to answer that Question. So, what I will direct now is that you file that particular Question with the Clerk and it will appear on the Order Paper. That way, the Prime Minister will be prepared to fully answer your Question. Thank you.

Thank you, Mr. Temporary Deputy Speaker, Sir. I am most obliged. But the Chair might consider---

Order, Dr. Khalwale! Order!

I have agreed, Mr. Temporary Deputy Speaker, Sir, but I just want---

Order, Dr. Khalwale! Order! I have just ruled on that!

I have agreed, Mr. Temporary Deputy Speaker, Sir, but on a matter of order---

Order, Dr. Khalwale! Order! I have already ruled on that Question! File it and it will be answered in this House. Is there any other Statement?

Thank you, Mr. Temporary Deputy Speaker, Sir. I wish to seek a Ministerial Statement from the Minister for Forestry and Wildlife.

Mr. Temporary Deputy Speaker, Sir, I wish to ask the Minister whether he is aware that there are hippopotamus in the Ruai Sewage Plant. When answering, the Minister should specifically mention when he is taking action to fence off the sewage plants so that hippos will stop endangering human life in Ruai.

Mr. Temporary Deputy Speaker, Sir, the Minister should also tell us what he is planning to do because the hippos are too many. Could he reduce them around those sewage plants?

All right. The Minister is here. Can you give us an undertaking as to when you will bring a substantive answer?

Mr. Temporary Deputy Speaker, Sir, I need one week. Is that okay? I can bring it next Tuesday.

It is so ordered. Next Tuesday!

It is okay, Mr. Temporary Deputy Speaker, Sir.

All right. Is there any other statement? Next Order!

Hon. Members, hon. Ngugi did contribute to this Motion last. So, any other hon. Member wishing to contribute can now do so.

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to make my contribution to the Motion on the adoption of the Report of the PAC on the Government of Kenya accounts for the year 2004/2005.

Thank you Mr. Temporary Deputy Speaker, Sir. I stand to support this Motion. I would like to thank the Chairman of the Public Accounts Committee (PAC) for bringing this Report to the House. As you realize, this is a Report for the year 2004/2005. Indeed, this Report covers the time of Anglo Leasing Scandal. We, therefore, would have expected that in the recommendations, those problems should have been highlighted so that we know how this country lost resources. Mr. Temporary Deputy Speaker, Sir, during the period covered by this Report, corruption and impunity was at its highest level. Misuse of Government resources during that time should---

On a point of order, Mr. Temporary Deputy Speaker, Sir. I do not wish to interrupt the hon. Assistant Minister who is obviously supporting our Report, but I think I would be allowed to clarify that Anglo Leasing Scandal is covered in the 2007/2008 Report. Therefore, it will be coming before this House later.

Dr. Khalwale, is that a point of order or a point of information to the Assistant Minister?

Mr. Temporary Deputy Speaker, Sir, I stand corrected. That is a point of information and I believe the Assistant Minister has accepted it.

Thank you Mr. Temporary Deputy Speaker, Sir. We are talking of a report of a financial year and that is why I was indicating to my colleague that Anglo Leasing Scandal should come out quite openly. Mr. Temporary Deputy Speaker, Sir, during that period, there was misuse of resources. Some institutions suffered the consequences of this. Looking at the current situation where the Deputy Prime Minister and Minister for Finance tried to take back vehicles and limit Ministers to specific engine capacities is very important.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is it in order for a Member of the Government to stand in this House and complain about people dying of hunger and frustrations? He is a Member of the Government!

Prof. Kaloki, he is perfectly in order! He also happens to represent a constituency.

Mr. Temporary Deputy Speaker, Sir, I was speaking in my capacity as the Member of Parliament for Kajiado Central. It is the people of Kajiado Central who are suffering. It is not the people in the Government or the Members of Parliament but the people of Kajiado Central who are suffering! The other very important issue is for this Government to take bold decisions with regard to the Mau Forest. It is not just the people living around the Mau Forest who are suffering. I had the opportunity to meet the Egyptian Minister for Foreign Affairs. He talked about the waters of the River Nile and conservation. We need to make a decision. Look for the money to resettle whoever is in Mau Forest. Kick them out and show them where to settle. Bold decisions are required and the time is now.

Thank you, Mr. Temporary Deputy Speaker, Sir. I stand to support this Motion, the Public Accounts Committee Report on the Government of Kenya Financial Reports of the Year 2004/2005. As a Member of this Committee, I was involved in preparation of the Report. As Committee Members, we all, unanimously, agreed on the findings and the recommendations of this Report. We worked on the reports of two years concurrently, 2004/2005 as well as 2005/2006 under the able leadership of our Chairman, Dr. Khalwale. However, I would like to make some few observations about the Report. A number of times, the Accounting Officers were not able to provide supporting documents to the Controller and Auditor-General in time. Most of the times, there were inordinate delays in submitting this necessary documentation for accounting which suggests that maybe, they were cooking these documents or they had some reasons for not being efficient in their work. As we took evidence from the Accounting Officers, it was very obvious to Members that there was lack of adequate preparation by them, sometimes forcing us to wait even for a couple of days before they appeared before the Committee, instead of coming on the day they were scheduled to appear. In most of the years we looked at, there were pending bills. They kept on appearing from year to year. This could be due to poor budgeting, delays in payment, which really raise the suggestion that there could be some collusion which could lead to corruption in some of these Ministries. Mr. Temporary Deputy Speaker, Sir, I just want to look at two Ministries. The first one is the Ministry of Roads. It was very evident to us that there were inadequate feasibility studies and inadequate design preparations which could have contributed to unnecessary time extensions. The delays of the expensive projects necessitated price variations and unnecessary additional cost to the Kenyan taxpayer. For sure, we had fears of possible collusion between the officers responsible in the Ministries and the contractors, leading to misappropriation of public funds. We are talking about road

Mr. Temporary Deputy Speaker, Sir, I rise to support the 2004/2005 Public Accounts Committee (PAC) Report. However, I wish that we were dealing with the report for 2006/2007 or 2008/2009 Financial Year today. If we are still dealing with the Report for 2004/2005, it means that we are still very far from putting our act together. I am grateful to the hon. Member of the Committee who has just finished his contribution in support of the Report. The Kshs17 million and many other figures in- between display a lot of mismanagement of public funds. We have a management problem in our country. We can budget and plan, but we are poor at managing our resources. My prayer is that, that would change one day. Since hon. Members of the respective Committee are here, maybe, they can make recommendations on how that can change. Mr. Temporary Deputy Speaker, Sir, as we implement our projects, I also see that we have a problem with the finishing. This is with regard to the quality of products or services we give to the common mwananchi . I also note from the Report that some officers were summoned to appear before the Committee but they did not come on time. What are we doing to discipline the officers who do not respect House Committees? We should do something about this. That notwithstanding, the Report is very good. I hope that we will find a way to deal with the backlog and be up to date. We should change the way we do things because we are still dealing with the 2004/2005 Report. Mr. Temporary Deputy Speaker, Sir, that said and done, I would also like to comment on our national wealth creation. Either we have forgotten the youth or we are not creating wealth for them at all, except the Kazi Kwa Vijana Programme that we are implementing. That programme is working out very well, but the youth are many. Right now, if you visit Ngara Street, you will find hawkers all over. Some even stand in front of shops. Those hawkers happen to be in Starehe Constituency. My disappointment is that even within our Government and especially, the Ministry of Local Government, we are not doing anything about the hawkers. We keep on calling them hawkers while they should fall under the small traders. We do not facilitate them get markets or seem to be concerned with their plight. I wish the Ministries concerned could give some attention to the hawkers. Instead of driving hawkers out of the streets, they should facilitate them to be allocated stalls or modern markets. It is unfortunate that we spent hundreds of millions on one market called “Muthurwa”, that was unable even to accommodate a quarter of the hawkers in the City. Mr. Temporary Deputy Speaker, Sir, I am very disappointed that up to date and as we sit in this House, we still have Internally Displaced Persons (IDPs) who live in tents. These people are suffering, and yet funds have been allocated to various Ministries to cater for them. Maybe, the PAC should also find out how that money was spent, whom it helped and why we cannot resettle the IDPs. We really need to put our act together, as a Government, by doing what is right. Mr. Temporary Deputy Speaker, Sir, I also cannot forget the women of this country. We have been told that there is the Women Enterprise Development Fund money, which women are unable to access. It is time we, as the Government, simplified matters for our nation in order for the citizens to be allocated the funds that are available.

On a point of order, Mr. Temporary Deputy Speaker, Sir. In view of the views received, could the Mover be now called upon to reply?

Could you confirm that you seconded the Motion?

Mr. Temporary Deputy Speaker, Sir, I seconded the Motion.

Mr. Mwadeghu, in view of the fact that you had spoken, the Chair cannot entertain that request as per our Standing Orders!

On a point of order, Mr. Temporary Deputy Speaker, Sir. In view of the fact that all the Members wishing to contribute to this Motion have done that, could the Mover be now called upon to reply?

Hon. Members, since there seems to be an interest from the House to call upon the Mover to reply, I now wish to put the Question.

Mr. Temporary Deputy Speaker, Sir, I moved this Motion before we went for recess and it attracted a lot of interest. Hon. Members were fighting to contribute at that time. I am glad that we have learnt a lot from their contributions. I am sure that had today not been the first day of the sitting of Parliament since we came from recess, probably, more Members would have had an opportunity to respond. However, as I had said earlier on when I was moving this Report, we were looking at two reports concurrently. So, we are in a position now to move to the next financial year, which is 2005/2006. I am sure that the hon. Members who would have wished to contribute and are not here, will contribute to the subsequent report. Mr. Temporary Deputy Speaker, Sir, may I use this opportunity to thank all the hon. Members who have supported our Motion. I have noted that nobody has opposed it. I would like to confirm that the majority of the hon. Members of the previous Committee have been retained in the new Committee. I have also been re-elected as the Chairman of the Committee. I believe that we will clear many of the pending issues that were there and clear the backlog. With those few remarks, I beg to move.

Mr. Temporary Deputy Speaker, Sir, I beg to move the following Motion:- THAT, this House adopts the Report of the Public Accounts Committee on the Government of Kenya Accounts for the year 2005/2006 laid on the Table of the House on Wednesday, 17th June, 2009.

Mr. Temporary Deputy Speaker, Sir, may I, on behalf of the Members of the Public Accounts Committee (PAC) and pursuant to the provisions of Standing Order No.181(3), take great pleasure and privilege to present to this House the Report and recommendations thereon of the Committee for the year 2005/2006.

Mr. Temporary Deputy Speaker, Sir, when we set out to write this Report, our Committee had a specific mandate. The mandate was that the Public Accounts Committee (PAC), then being a Sessional Committee was considered at the commencement of the Tenth Parliament, pursuant to the provisions of the then Standing Order No.147 which stated that:-

“There shall be a Select Committee to be designated the Public Accounts Committee for the examination of accounts showing the appropriation of the sum voted by the House to meet public expenditure and of such other accounts laid before the House as the Committee may think fit.”

Mr. Temporary Deputy Speaker, Sir, it is clear from this mandate that the Committee oversees on behalf of this House, the public expenditure so as to ensure that the value for the money this House voted is realized. Therefore, the Committee relies on reports of the Controller and Auditor-General. This Committee, which has now been reconstituted, was then made up of the following:-

Dr. Bonny Khalwale, MP – Chairman

Mr. Thomas Mwadeghu, MP

Mr. George Thuo, MP

Mr. Daniel Muoki, MP

Dr. Julius Kones, MP

Mr. Elias Mbau, MP

Mr. Charles Onyancha, MP

Mr. Alex Mwiru, MP

Mr. Boaz Kaino, MP

Mr. Francis Ganya, MP

Mr. David Ngugi, MP.

Mr. Temporary Deputy Speaker, Sir, the Committee commenced its sittings on the 7th May, 2008 and held a total of 84 sittings at which almost all the Accounting Officers appointed by Treasury appeared before the Committee to explain and respond to queries which had been raised by the Controller and Auditor-General.

All the witnesses were subjected to thorough examination and scrutiny of documents was done by the Committee, which critically analyzed both oral and written submissions. Although most of the witnesses provided required information, the Committee noted with grave concern that some Accounting Officers failed to avail required documents or information, despite the many reminders. The Committee came

There is no glass.

Yes, I will take it from the bottle.

Thank you very much, Dr. Eseli. Mr. Temporary Deputy Speaker, Sir, the third Ministry was the Ministry of State for Defence and the outstanding issue was about fees at the Defence Staff College and National Defence College, as contained in Paragraphs 365 and 368. No satisfactory explanation has been given for failure to recover the outstanding training fees totaling to Kshs92.9 million owed to the Government by both foreign and local Government- sponsored students.

Mr. Temporary Deputy Speaker, Sir, the Committee noted with grave concern that, unlike other colleges, the National Defence College and the Defense Staff College admitted both foreign and local students even before receiving part of the fees, leading to a possible loss of a huge amount of revenue. My Committee recommends that the accounting officer should move with speed and liaise with the Ministry concerned to recover all outstanding fees by 31st December, 2009. The Committee further recommends that the accounting officer should ensure that the current training policy and guidelines are strictly adhered to in order to safeguard public funds.

Mr. Temporary Deputy Speaker, Sir, the second issue under that Ministry concerned aircraft components held by foreign companies. This is under Paragraph 373. My Committee expressed concern that aircraft components were sent abroad almost five years ago, with the Ministry having absolutely no idea how much the repairs would cost

the cost of new ones. The Ministry was also completely dependent on foreign companies to unilaterally fix the cost of repairs. The Committee recommends that the accounting officers should personally pursue this matter with a view to ensuring that remaining components are repaired and shipped back to the country immediately. He should also finalize the issue of compensation by the freight companies for the lost documents.

Mr. Temporary Deputy Speaker, Sir, the Committee was further gravely concerned by the increase in the number of accidents involving aircrafts under that Ministry. In fact, the House will remember that one of the aircrafts led to the loss of lives of five hon. Members of this Parliament. May the Lord rest their souls in eternal peace and, as a result, this Committee recommends that the accounting officer should initiate an audit by the Kenya Civil Aviation Authority, on all the aircrafts used by the Department of Defence, with a view to ascertaining their performance and safety status.

Mr. Temporary Deputy Speaker, Sir, we continue to put our servicemen’s lives at great risk because most of the aircrafts are very out-dated, old and based on old technology. We hope that as the Committee makes these recommendations, Parliament is going to take it up for the safety of our servicemen, who continue to lose their lives.

Under the Ministry of Health, Mr. Temporary Deputy Speaker, Sir, the outstanding issue was one – the issue of irregular payment of electricity bills amounting

Very well, hon. Chachu!

Thank you, Mr. Temporary Deputy Speaker, Sir. I rise to second the Motion on the Adoption of the Report of the PAC on the Government accounts for the year 2005/2006. I was, and still I am, a Member of the PAC, and I can confirm to this House that the recommendations contained in this Report were agreed on unanimously by all the Members of the Committee.

Mr. Temporary Deputy Speaker, Sir, it is important to mention that in addition to working on Report for the accounts of the year 2006/2007, we are also working on three other Reports. We have just ordered a special audit on De la Rue on the contract of printing of Kenyan currency. In addition to that, we also have two special audit reports available to us, on which we will be working in the next few months, the first one being on privatisation of Telkom Kenya Limited, and the second one being on the sale of Government of Kenya shares in Safaricom Limited. I am mentioning these two special audit reports because I would like to highlight the fact that we are going beyond the call of duty to ensure that we truly serve as the people’s watchdog in this Parliament. Mr. Temporary Deputy Speaker, Sir, in the audit report for financial year 2005/2006, I will just look at two Ministries, the first one being the Ministry of Planning, National Development and Vision 2030. Particularly, I want to look at the Constituencies Development Fund (CDF). This is the only year when the CDF was actually audited, because in the previous years, the CDF was just in its teething stage. It was in its first year of existence. By the time of audit of the accounts for the year under review, the CDF had run for a whole year, and its accounts were also audited. For the most part, the audit report was very favourable. It is, of course, important to mention that---

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

Order! Order, Mr. K. Kilonzo!

Mr. Temporary Deputy Speaker, Sir, the point of order I want to raise is very important. It is on matters of procedure.

Order! Order, K. Kilonzo! I have heard you.

Mr. Temporary Deputy Speaker, Sir, talking about the CDF, I want to mention, particularly, an issue that was raised in the CDF accounts Reports from Mbooni Constituency. In this particular case, funds from the CDF Fund Account amounting to about Ksh432,000 were paid to one individual – a doctor of philosophy (PhD) student at Maseno University. This money was not raised from the bursary fund, but rather from an emergency fund, and was paid to an individual who was doing PhD studies. It, really, makes you wonder whether, really---

What is it, Mr. K. Kilonzo?

Mr. Temporary Deputy Speaker, Sir, I rise on a point of order to raise your attention to the fact that, this being the first of our resumption sitting from a recess, this House does not have a quorum. There is no single Member of Government in

Indeed, there is no quorum. Sergeant-at-Arms, could you ring the Division Bell?

Speaker (Prof. Kaloki): Hon. Members, there being no quorum, I will interrupt the Business of the House. Therefore, the House stands adjourned until tomorrow, Wednesday, 22nd July, 2009 at 9.00 a.m.

The House rose at 5.40 p.m.