Is Mr. Washiali present? He is not in yet!

Next Question!

asked the Minister for Water and Irrigation what plans she has to improve water supply and reticulation in Kisumu City.

Hon. Members, I have a written communication from the Ministry that the Minister and Assistant Minister are out of the country on official business. I am requested to defer this Question to a later date so that it is given the attention it deserves. The Chair, therefore, directs that this Question be put on the Order Paper at the time when the Minister will be available. That can be communicated also in conjunction with the Ministry.

asked the Minister of State for Provincial Administration and Internal Security:

(a) what informed the Government decision to allow the trial of suspected Somali pirates in Kenya;

Mr. Deputy Speaker, Sir, I beg to reply. (a) As a member State to the International Maritime Organization (IMO) and the State being party to the United Nations Convention on the Law of the Sea and the Convention on the Suppression of Unlawful Acts, 1988, Kenya has been fulfilling her international obligations by co-operating with the international community and agreeing to act as a third State by receiving and prosecuting suspected pirates.

In this regard, the Kenyan Government has concluded a memorandum of understanding with the Government of the USA, the European Union-led Naval Forces and the Government of the United Kingdom (UK) as well as Northern Ireland for the transfer of suspected pirates to Kenya for prosecution.

(b) By apprehending and prosecuting those suspected of acts of piracy and armed robbery at sea, we stand to improve maritime security on ships and in port facilities. By reducing piracy off the coast of Somalia, we are empowering the local communities within Somalia to be capable of controlling their territory and seas. It also promotes flow of tourists into our country hence bringing in foreign exchange.

(c) By failing to prosecute suspects of piracy, Kenya is not in any way safe. We are equally exposed to the risks posed by piracy and armed robbery at sea. Kenya and Somalia have a common coastline. We are all neighbors in East Africa. Any threat to peace and tranquility within the East African coast has economic and security implications to both countries, hence the need for Kenya to co-operate with the rest of the international community to bring this organized crime of piracy to an end at the earliest time possible thus safeguarding her economic and security interest.

Mr. Deputy Speaker, Sir, while acknowledging the attempt by the Assistant Minister to answer the Question, there are critical loopholes. Kenya is not the only country that is a signatory to these bodies. Ethiopia, Djibouti and Yemen are signatories too. Why is Kenya so much excited to get pirates as far as from the Gulf of Eden for prosecution in our country, particularly in Mombasa?

Mr. Deputy Speaker, Sir, if the hon. Member heard me correctly, I said that we had signed a memorandum of understanding. We did that because piracy jeopardizes the promotion of tourism in our country. You are aware that all the coastal towns are in a state of panic because of pirates. These people commandeer ships that get into our territorial waters.

On a point of order, Mr. Deputy Speaker, Sir. As I understood hon. Kapondi, the question he asked is: Why has it to be Kenya and not the other States which are also signatory to this IMO? Why Kenya?

Mr. Deputy Speaker, Sir, I do not think I should answer for other countries. I am talking about Kenya which is a signatory. Kenya signed a memorandum of understanding together with the UK, the USA and the Northern Ireland that it will be a third party in the prosecution of these fellows when they are arrested within the coastal line.

Mr. Deputy Speaker, Sir, piracy is an international crime that is committed in international waters, and not within Kenya’s territory. Why has Kenya shouldered a burden that rightly belongs to the United Nations (UN) and the international community, in the process exposing this country to security risks, especially at the coastal towns? These are dangerous people whom I do not think we even have the capacity to handle.

Mr. Deputy Speaker, Sir, as I said, if you go by the chronology of events, you will realise that this is a cartel. When we, as a country, signed the memorandum of understanding, we agreed that those who would be arrested would be taken to our courts. In fact, Kenya has done very well in arresting those who are perpetrating this crime.

On a point of order, Mr. Deputy Speaker, Sir. Is the Assistant Minister in order to mislead the House? What Kenya has been doing is receiving the pirates who have been arrested by security forces of other countries. Kenya is simply prosecuting those pirates, but not arresting them in the high seas. Is he in order to mislead the House?

Mr. Assistant Minister, the Question is basically asking: If the pirates are operating in international waters, and are being arrested by security forces of other nations, why do those nations not prosecute them in their own countries? Why prosecute them in Kenya?

Mr. Deputy Speaker, Sir, I understand the concerns of our people but I want to assure them that since we have signed a memorandum of understanding to have the pirates prosecuted in Kenya, once arrested, that compels us to take them to our courts. There is no cause for alarm because we have made very good progress in carrying out that mandate. There is no cause for alarm over insecurity because the same countries are also assisting us in making sure that peace and tranquillity thrives in this region.

Mr. Deputy Speaker, Sir, could the Assistant Minister clarify what benefits, in terms of financial assistance, Kenya is getting to be able to shoulder this burden, instead of using taxpayers’ money to do this work for other countries?

Mr. Deputy Speaker, Sir, I am not aware of any financial gains emanating from this undertaking. I am, however, aware that as a result of negotiating with these countries, we are promoting our tourism sector. In any case, this country’s tourism bracket has gone so high because of these undertakings.

Mr. Deputy Speaker, Sir, could the Assistant Minister tell us why we are carrying a burden that is not ours at the expense of this country?

Mr. Deputy Speaker, Sir, this is partly our burden and partly the burden of the rest of the world. As long as we leave this game to thrive, we will never expect our tourism industry to thrive in our country. So, it is partly our burden.

Mr. Deputy Speaker, Sir, one of the questions that the Assistant Minister has not been able to answer correctly is about the security aspect. What measures have you put in place to safeguard our security? We are exposing the country to a lot of risks. What measures are in place to assure Kenyans of security, rather than just

Mr. Deputy Speaker, Sir, that is a very valid question. As you are aware, we have porous borders with our neighbours. We have looked at various ways and means of protecting our territorial borders. Right now, we are in the process of trying to purchase one of the latest technology equipment, which will be used to do surveillance work within our territorial borders. We are also in the process of looking for a ship with the latest technology for surveillance purposes.

On a point of order, Mr. Deputy Speaker, Sir. Is the Assistant Minister in order to mislead the House? He is talking of international waters. He is now telling us that we are going to buy the latest boats to man the international waters. Are we supposed to man the international waters? Could he also provide us with the memorandum of understanding they signed with whoever they signed? We do not know with whom they signed that memorandum of understanding. Could he table it?

Mr. Deputy Speaker, Sir, I said that we are going to control our international borders. We are in the process of purchasing a boat with the latest technology for surveillance purposes. That will happen within our territorial waters. There are a number of other issues relating to security that we are embarking on, which I need not discuss here. Within months, the issue of insecurity within our borders will be a thing of the past.

Mr. Deputy Speaker, Sir, this is a very serious matter since it touches on state security and the stability of Kenya. The Government has no idea how long the Somalia situation will take to stabilise, so that we can stop prosecuting Somali pirates in this country. Do you have a road map, as Government, so that we know that we shall continue to prosecute the pirates, say, for one year or two years or three years or is it a very indefinite situation that you want the country to be committed to? Secondly, the memorandum of understanding that the Government has signed is a critical document but Parliament has not been involved. Would I be in order to request the Assistant Minister to table it, so that we can study it and interrogate him further? I think the Government is committing the country in a manner that is not going to be beneficial to the stability of Kenya in the long run.

Mr. Deputy Speaker, Sir, I have not seen the memorandum of understand but it was signed between our Foreign Affairs Office and those countries. Given a chance, if it does not have any security component in it, I will have no problem availing it to hon. Members. So, I will check with the Ministry of Foreign Affairs with a view to availing it to those hon. Members who may want to go through it.

On a point of order, Mr. Deputy Speaker, Sir. From the explanation of the Assistant Minister, he appears to be completely inadequate in terms of information. Would I be in order to request that this Question be deferred to enable him peruse and, maybe, table in this House the memorandum of understanding that Kenya signed with those international organisations and countries?

Mr. Deputy Speaker, Sir, on the bit of the memorandum of understanding, I will check with the Ministry of Foreign Affairs. If it does not have any security component that could jeopardise what the country is doing if that information is revealed, I will have no problem making it available. On the issue of deferring the Question, I think I have elaborately answered it.

On a point of order, Mr. Deputy Speaker, Sir. It is clear that the Assistant Minister is evading a very important issue in this matter. In order for the House to be satisfied that this activity by our Government is, in fact, in favour of our national stability, would I be in order to request that we refer this matter to the relevant Departmental Committee, so that we can study it and enable him to bring more elaborate answers to the House? It would be very dangerous for us to just let it go the way it is.

Mr. Deputy Speaker, Sir, I have no objection to that request.

Mr. Deputy Speaker, Sir, our prison cells are full and our courts are delaying cases for so many years, why should the Assistant Minister not take the Somali pirates to the affected countries to be tried there?

We have not been victims of piracy ourselves. Our ships have not been hijacked.

That is true, Mr. Deputy Speaker, Sir, but---

Why can they not be taken to the countries whose ships have been affected?

Mr. Deputy Speaker, Sir, I did indicate to you that we are a signatory to IMO and I also indicated to you that we are a party to the United Nations Convention on the Law---

Assistant Minister, those countries are also signatories! Could you give a better answer than that?

Mr. Deputy Speaker, Sir, I think we are being fair. We have a Memorandum of Understanding (MOU) with some of these countries and we have to follow what we agreed on. We cannot go against an MOU which we are signatories to.

On a point of order, Mr. Deputy Speaker, Sir. I think a valid issue was raised about referring this matter to the relevant departmental committee. Assistant Minister has no objection to that, is it in order for him to continue answering a Question which he is not fully prepared to? He is ready to send it to the committee and then we can come back within two weeks or three weeks to debate it more substantively.

Mr. Deputy Speaker, Sir, I said earlier that I have no objection taking the Question to the departmental committee simply because of the security component involved. This needs to be discussed in-house.

Mr. Maina Kamau, I think this has more or less been put to a rest. Do you still have a question on the same?

Mr. Deputy Speaker, Sir, why does the country continue to enter into these international agreements without due consideration of the implications? We have got into so many international agreements when we know the Americans are not even members of the International Criminal Court (ICC). Does the Government consider implications when they enter into these agreements?

Mr. Deputy Speaker, Sir, all those will be discussed in the departmental committee.

You do not have to have a direction from the Chair. Standing Order No.198 (2) gives you express authority and powers to proceed on and do the needful. As a departmental committee you do not need to have a direction from the Chair. Given that the matter is of national security nature and there is an agreement between the Questioner and the Assistant Minister, the departmental committee can proceed on and bring the report to the House.

asked the Minister of State for Provincial Administration and Internal Security:- (a) whether he could confirm that conditions at Nairobi’s Kamukunji and Central Police Station cells are deplorable and expose suspects to the risk of contracting communicable diseases; and, (b) what plans the Government has to improve the conditions in these cells.

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

(a) The Kamukunji and Central Police Station cells are adequately ventilated and cleaned daily with disinfectants. Therefore, their conditions do not pose any risk at all on the suspects contracting communicable diseases. Mr. Deputy Speaker, Sir, further, suspects held in all police cells are provided with water for bathing on a daily basis to ensure maintenance of high hygienic standards at all times. (b) Kshs195, 517 and Kshs1.7 million for the year 2004/2005 and 2005/2006 financial years respectively was spent to expand and renovate the cells at the two police stations. In addition, funds are allocated annually for repair and rehabilitation of police buildings whereby cells are given priority. However, the Government of Kenya has undertaken to modernize all police stations by putting up modern office blocks with modern holding facilities on a long term basis.

Mr. Deputy Speaker, Sir, I thank the Assistant Minister for attempting to answer this Question. However, considering that the two stations are right in the heart of the city of Nairobi - they represent the face of Kenya - what is the Ministry doing in terms of decongesting these cells? As you enter the cells, some of them are muddy and the compounds are in a deplorable state. When tourists come to this country, when they are mugged or robbed, they are not happy. What is the Ministry doing to make sure they clean up these stations?

Mr. Deputy Speaker, Sir, I am on record having said that we are modernizing and expanding these cells. I am also happy to note that even the crime rate is going down. In the next financial year we will have funds for modernizing and branding these stations. So, I do not think we should worry about the issue of cleanliness because the cells are very clean. In fact, I will challenge the Questioner together with the Members of Parliament representing those areas to a tour of the cells so that they see for themselves that they are very clean and habitable.

Mr. Deputy Speaker, Sir, Kamukunji Police Station has become a human toll station. Most of the officers in this police station have overstayed there. They have been receiving bribes openly. Kamukunji and Central police stations are the worst in

Mr. Deputy Speaker, Sir, cleanliness and bribery are two different things. However, if any of my police officers take a bribe, they know the consequences; the giver will be arrested, the taker will be arrested. I am saying this because people tend to put blame on police officers who receive these bribes. We said that those who have stayed in a station for more than three years are to be transferred. However, those who take bribes will not be transferred! They will be dismissed and taken to court! Mr. Deputy Speaker, Sir, each and every police officer must have the name and force number tag pinned on his or her uniform. It forms part of the uniform. So when giving a bribe, you know very well that you are committing a crime and I will take you to court. The person who is receiving your bribe also knows he or she is making a mistake. That is a criminal act and I will take him to court. Those officers will not be transferred. They will be dismissed from the force! Otherwise, the officers are doing their work diligently and I am proud to announce that very few officers are still engaged in receiving petty bribes. Any police officer found taking a bribe knows very well that he or she would go home any time.

Mr. Maina Kamau, last question!

Mr. Deputy Speaker, Sir, on the issue of mixing under-age children and adults in police cells, what is the Ministry doing?

Mr. Deputy Speaker, Sir, the law is very clear. If you are under 18 years old you cannot be mixed with adults in cells. The law is very clear and I saw Mr. Olago Aluoch, who is a lawyer by profession, here. He knows that you cannot take an under-age to an adults’ cell.

On a point of order, Mr. Deputy Speaker, Sir. The Assistant Minister has just indicated that they are in the process of modernizing police stations in Nairobi. They have started it in Kayole and Dandora. However, in Dandora, they have only done the police housing but not the station. Therefore, the cells are still the old mud houses. In fact, they do not have cells for males and females. What is the Assistant Minister doing to make sure that Dandora Police Station is modernized as per his words?

Mr. Deputy Speaker, Sir, you will agree with me that that is a different question but, if you want me to answer it, I will request my friend to file a substantive Question. Mr. Deputy Speaker, Sir, my friend knows that the Appropriations Bill is yet to be passed by this House. I would urge my friend to constitute a committee so that we can know they want us to avail funds for the construction of cells in order for us to separate male and female suspects. That is if they share the same cells as I speak. In any case, modernization does not necessarily mean that we are going to put people in one cell. We are going to modernize both the cells for men and those for women. However, the hon. Member needs to request us for the money and we will give it once the Appropriations Bill is passed in this House.

Next Question by Mr. Ferdinand Waititu!

asked the Minister for Roads:-

(a) whether he could confirm that there are only three bus-stops away from the main road on Outer Ring Road and that this is the main cause of the frequent traffic snarl-ups that are experienced on Outer Ring Road; and,

(b) what steps he is taking to alleviate the situation.

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

(a) I wish to confirm to the hon. Member that there are four bus-stops on each side of the road along the Outering Road, otherwise referred to as C59. Nevertheless, I want to clarify that these bus-stops are not the main cause of the frequent traffic snarl-ups along the road, but rather it is the tendency of some public service vehicle drivers to use bus-stops as parking bays for soliciting passengers. This behaviour not only crowds the bus-stops, but also leads to blocking traffic on the road.

(b) My Ministry recently re-carpeted the Outer Ring Road to improve traffic flow and reduce traffic congestion on this important road. In addition, my Ministry has awarded a contract for the construction of the Eastern Bypass. The completion of the bypass is also expected to reduce pressure on the Outer Ring Road by providing an alternative route for motorists connecting between Thika Road and Mombasa Road. For long-term purposes, there is need to upgrade the entire road, from Thika Road Junction to the Jomo Kenyatta International Airport (JKIA) Roundabout to a dual carriageway. In regard to this, my Ministry is currently sourcing for financial support to carry out the necessary detailed design.

Mr. Deputy Speaker, Sir, I appreciate the work of the Ministry in constructing the Eastern Bypass which will ease traffic on Outer Ring Road. But right now, as the Assistant Minister has just confirmed, there are only four bus-stops from the General Service Unit (GSU) Roundabout to the JKIA Roundabout, which is a distance of about 12 kilometres. Those bus-stops are not enough because there are so many estates. About ten bus-stops should be constructed on that road. I am requesting the Ministry to increase bus-stops and since they have been promising to construct them, there must be a budget for it. Could the Assistant Minister confirm that there is a budget for those bus- stops in this financial year?

Mr. Deputy Speaker, Sir, I think the hon. Member will appreciate that I have taken real focus on this particular part of the City, especially the consideration of building a dual carriageway that will connect Thika Road and JKIA. This will reduce the congestion and traffic. I have not thought of increasing the bus-stops because I do not think they are necessary. What you need is more roads. For that matter, I have allocated Kshs4.536 billion, but I am sourcing for funds for the construction of this dual carriage road. That is the answer to your problem and not otherwise.

Mr. Deputy Speaker, Sir, there are traffic snarl-ups on the road not just because of the need for additional bus-stops, but also because the matatus do not even stop at the bus-stops. They get to the bus-stops and then park in the middle of the road. What is the Minister doing to liaise with the Ministry concerned and the traffic police to ensure that vehicles use the bus-stops as designed?

Mr. Deputy Speaker, Sir, obviously, the hon. Member knows that, that is not the prerogative of my Ministry but the Ministry of Transport. I will pass this message to the Minister concerned, as a concern by the hon. Members of this House.

Last question, hon. Waititu!

Mr. Deputy Speaker, Sir, the Assistant Minister has just indicated that there is some allocation for the construction of a dual carriageway on Outer Ring Road. When is he going to float the tender for its construction?

Mr. Deputy Speaker, Sir, let me be clear that I have indicated that I am sourcing and already got a financier – the Japan International Co-operation Agency (JICA) – who is ready to do this. Let us not jump that far. But this is a definite decision by the Ministry. The source is ready and so, let us talk about it when the water is under the bridge.

Next Question, hon. Warugongo!

asked the Minister for Forestry and Wildlife:-

(a) what measures he is taking to ensure that areas around the Aberdares and Mount Kenya, which have continually been deforested are rehabilitated and more trees planted to restore the water catchment base; and,

(b) whether he could consider providing funds and tree seedlings to youths in Kieni West and Kieni East districts to enable them undertake afforestation in the region.

Is the Minister for Forestry and Wildlife not here? As the tradition holds, when a Minister fails to appear to answer a Question, there is a sanction. Under the circumstances, the Minister will not be able to transact any business here before he gives a good explanation. Next Question, by Mr. Mungatana!

asked the Minister for Information and Communications:- (a) to state the total cost of the recently launched East African Marine Systems (TEAMS) Project; (b) when the project will start actual operations; (c) what security measures are in place to ensure safety of the Fibre Optic Cables; and, (d) what steps he is taking to ensure optimum use of the facility, considering that very few Kenyans own computers.

Is the Minister for Information and Communications also not here? I think I am going to take the sanctions collectively. The sanction for the Minister for Forestry and Wildlife is stood over until we come back to it.

Next Question, hon. Sambu!

asked the Minister for Justice, Constitutional Affairs and National Cohesion:- (a) to state the number of cases in which the High Court of Kenya has given pecuniary awards to the litigants in the last ten years; (b) whether he could indicate how many of these awards were against (i) the Government, (ii) State corporations, (iii) private companies and (iv) individuals; stating the total amount involved for each category; and, (c) how many of the cases, especially against the Government, have since been settled.

Minister for Justice, Constitutional Affairs and National Cohesion! Let us go back to the first Question. Question No.138 by hon. Washiali!

Is hon. Washiali still not here? The Question is dropped!

Hon. Warugongo, could you ask your Question again?

asked the Minister for Forestry and Wildlife:- (a) what measures he is taking to ensure that areas around the Aberdares and Mount Kenya, which have continually been deforested are rehabilitated and more trees planted to restore the water catchment base; and, (b) whether he could consider providing funds and tree seedlings to youths in Kieni West and Kieni East districts to enable them undertake afforestation in the region

Minister for Forestry and Wildlife!

Mr. Deputy Speaker, Sir, I undertake to inform the Minister---

Order! Order! You do not have communication from the Minister. If you had it, you would have communicated it to the Chair much earlier. Do you want to answer the Question on behalf of your colleague?

Mr. Deputy Speaker, Sir, you were still going to do the second round. That is why I want to undertake to inform the Minister to reply to this Question.

Order! You are out of order, hon. Assistant Minister! The Ministry for Forestry and Wildlife will not transact any business until such time that there is credible and convincing explanation for not being present here. This is in accordance with the new Standing Orders. Question by hon. Mungatana!

asked the Minister for Information and Communications the following Question:- (a) to state the total cost of the recently launched East African Marine Systems (TEMAS) Project, (b) when the project will start actual operations, (c) what security measures are in place to ensure safety of the Fibre Optic Cables; and, (d) what steps he is taking to ensure optimum use of the facility, considering that very few Kenyans own computers.

Is the Minister for Information and Communications here?

Mr. Deputy Speaker, Sir, I beg to ask---

Order! You are not the Minister for Information and Communications, unless you want to answer the Question on behalf of the Minister, in line with the collective responsibility. Do you intend to do that?

Mr. Deputy Speaker, Sir, it has been a custom or tradition that when the Minister is not in, another Minister can undertake to the House when the Question will be replied. So, I am totally---

Obviously, you have not acquainted yourself adequately with the new Standing Orders. That is as far as the past Standing Orders are concerned before these new Standing Orders came into force. Order, hon. Assistant Minister!

Mr. Deputy Speaker, Sir, the new Standing Orders also talk about collective responsibility!

Indeed, yes, but a Minister must be available to answer this Question! In the absence of not being able to do that and, without information being communicated to the Chair well in advance, then there is a sanction. The Minister is not going to pass that Standing Order---

Mr. Deputy Speaker, Sir---

Order! You are out of order! The hon. Minister for Information and Communications will not transact any business pending such time that he is able to give a convincing explanation for not being available this morning to answer Question No.341. Next Question No. 404! Mr. Sambu, can you ask the Question again?

asked the Minister for Justice, Constitutional Affairs and National Cohesion:- (a) to state the number of cases in which the High Court of Kenya has given pecuniary awards to the litigants in the last ten years, (b) indicate how many of these awards were against (i) the Government, (ii) State corporations, (iii) private companies and (iv) individuals, stating the total amount involved for each category; and, (c) how many of the cases, especially against the Government, have since been settled.

Is the hon. Minister for Justice, Constitutional Affairs and National Cohesion here? It is the same thing like the earlier Questions. The hon. Minister for Justice, Constitution Affairs and National Cohesion will not transact any business on the Floor of this House, in line with our Standing Orders; until such time that he is able to give a convincing explanation for not being available this morning. Next Order!

Mr. Deputy Speaker, Sir, by the indulgence of the House, I wish to make a Personal Statement under Standing Order No. 76. I made contributions yesterday in this august House and I was shocked to read a misrepresentation and misinformation by one of the daily newspapers. This daily newspaper is The People. Mr. Deputy Speaker, Sir, in my contribution yesterday, what I said is properly reported in the HANSARD, and I quote: “Madam Temporary Deputy Speaker, this country is ailing from drugs money; there is a lot of drugs money coming into this country. If you watch television, you will

Fair enough! That is a Personal Statement under Standing Order No. 76. Unfortunately, hon. Minister, the Chair cannot give a direction to media houses on such matter because your Personal Statement is not covered under Standing Order No.215. Sanctions can only be made on misreporting on the proceedings on the Floor of the House. But you have made your point.

Mr. Haji): Mr. Deputy Speaker, Sir, what is important is for me to make it clear that I have not said what the paper wrote and the House witnesses that.

Fair enough. The Press has taken note of that and the House too.

On a point of order, Mr. Deputy Speaker, Sir. I rise on a point of order to seek a Ministerial Statement from the Office of the President. The understanding we have been given is that the Office of the President is organizing a trip to the Coast of all Ministers and Assistant Ministers and other Government functionaries. I wish to ask the Minister in the Office of the President to clarify the following issues: (i) What is the total cost of this trip to the Coast? (ii) Where is the Minister getting this money from? Is it from the budget that we passed, because we do not remember passing an allocation for bonding session and relaxation at Coast? (iii) The utility of taking such trip against taxpayers’ monies, when the same could have been achieved here in Nairobi? (iv) What results does the Cabinet expect to get which they could not have obtained if they spent the same money here in Nairobi?

Mr. Deputy Speaker, Sir, I undertake to give a statement tomorrow. However, a number of Ministers are not here because we are having a meeting on climate change at Inter-Continental Hotel, which is being opened, officially, by the Prime Minister. That is why you do not see quite a number of Ministers in the House.

Fair enough, the Assistant Minister has given an undertaking. Order, hon. Members! I take you back to the Personal Statement that was made by hon. Yusuf Haji. Apparently, it had escaped the attention of the Chair. Actually, hon. Haji was responding on what was reported about him on what he said on the Floor of the House. Then he as the full protection of the Chair under Standing Order No.215. Standing Order No. 215 says: “Any media institution whose representatives infringes these Standing Orders or any rules made by the Speaker for the regulation of the admittance of strangers or persistently misreports on the proceedings of the House, or neglects or refuses on request from the Clerk to correct any wrong report thereof to the satisfaction of the Speaker, may be excluded from representation in the Press Gallery for such term as the House shall direct.” The Chair is going to study the HANSARD and the report in the papers, and then it is going to give a direction on the matter on Thursday afternoon. Next Order! Hon. Imanyara.

I beg to move that the Constitution of Kenya (Amendment) Bill be read a Second Time. Mr. Deputy Speaker, Sir, I stand before you with great humility and profound gratitude to move the Constitution of Kenya (Amendment) Bill, 2009. If enacted, as I plead with you, we will amend the Constitution of Kenya to create a Special Tribunal for Kenya to investigate, prosecute and determine cases against persons responsible for genocide, gross violation of human rights and crimes against humanity. The Tribunal will also investigate prior and subsequent events, circumstances and factors relating to offences arising from and connected with the December, 2007 General Election. On 16th December, 2008, His Excellency the President and Commander-in-Chief of the Armed Forced, Mwai Kibaki together with the Rt. hon. Raila Amolo Odinga signed a historic agreement which was in the following language. It reads:- “Agreement for the implementation of the recommendations of the Commission of Inquiry into Post Election Violence. Recalling the agreements on the principles of partnership of the Coalition Government made on 28th February, 2008, and the agreement for the establishment of a Commission of Inquiry on Post Election Violence

Mr. Deputy Speaker, Sir, I want to congratulate hon. Gitobu Imanyara for moving this Bill. I also want to thank him so much for taking time to move The Constitution of Kenya (Amendment) Bill, which essentially seeks to introduce the Special Tribunal in Kenya. Mr. Deputy Speaker, Sir, hon. Imanyara has gone into details about what the technical bits of the law that are necessary for us to get the Special Tribunal for Kenya and he has gone into the details of the kind of things and the standards that we need to set. However, I want to bring this debate to another level. Crimes were committed in this country after the general election of 2007. There were crimes of murder, rape, robbery with violence, those that involved injuries to people, burning of homes and things like that. However, there are what we call ordinary crimes and crimes that threaten the very existence of a state. Mr. Deputy Speaker, Sir, when we have a crime that is committed and threatens the existence of a State and also brings the fear of disintegration of a whole nation, such a crime cannot be treated as an ordinary crime. There have been arguments that the Attorney-General of the Republic of Kenya could have arrested all those people and tried them under the current existing laws. He could have taken all the people who were involved in whatever forms of little crimes that were committed at the time, have them arrested and then charge them in court under the existing laws. People have argued before saying that because the Attorney-General did not do that, it is a failure on his part. I stand here as the devil’s advocate. The kind of crimes that were being committed at that time were threatening the existence of the state that we know as Kenya. They were not

Bw. Naibu Spika, huu ndio wakati wananchi wa nchi hii wanapaswa kuwatambua viongozi wazalendo ambao wana uchungu na utu; viongozi ambao wanamtambua kila mtu kwenye sehemu ya uwakilishi Bungeni kama binadamu, na kujua kwamba binadamu wote ni sawa.

Kwa wale, wale ambao wanapenda kusoma Biblia, wanajua kwamba wakati fulani, Mwenyezi Mungu alimuumba binadamu na binadamu akawazaa watoto wawili; Abel na Kain. Baadaye, Kain aliamua kumuua Abel. Mwenyezi Mungu akamuuliza Kain: “Ndugu yako yuko wapi?” Kain akamujibu: “Sijui.” Mwenyezi Mungu akamuuliza: “Unasema hujui na damu ya ndugu yako inalia mbele ya macho yangu?”

Bw. Naibu wa Spika, damu ya wananchi zaidi ya 1,000 waliofariki wakati wa ghasia za baada ya uchaguzi mkuu wa 2007 inalia mbele ya macho ya Mwenyezi Mungu.

On a point of order, Mr. Deputy Speaker, Sir. With a heavy heart, this Bill is very important, given that it has far-reaching effects on this country but looking around, I do not think the Quorum in this House is adequate enough to give this Bill enough attention.

Indeed, we do not have a Quorum. So, could the Division Bell be rung?

Hon. Members, there being no quorum, this House is, therefore, adjourned until this afternoon, Wednesday, 11th November 2009, at 2.30 p.m.

The House rose at 10.55 a.m.