Hon. Members, I have the following communication to make. Last Thursday, 8th April, 2010, the Deputy Prime Minister and Minister for Finance was expected to lay on the Table of the House the Supplementary Estimates of the Financial Year 2009/ 2010, both Recurrent and Development and, subsequently, give notice of the Motion, in respect of Business appearing under Order No.8 on today’s Order Paper. However, the Deputy Prime Minister and Minister for Finance represented by his Assistant Minister came to the House shortly after the Order had been passed. In terms of our procedures and practices, the matter could, therefore, not be revisited. The Chair is reliably informed that in spite of this, copies of the Supplementary Estimates were distributed to all Member’s pigeon holes on the same day, that is Thursday 8th April, 2010.

In view of the urgency of this Business and the need for the House to consider and approve the Supplementary Estimates, which will facilitate publication of the Supplementary Appropriation Bill, the hon. Minister has approached the Chair requesting to Table the Supplementary Estimates and give Notice of the Motion. I have considered the matter and acceded to the hon. Deputy Prime Minister and Minister for Finance’s request to Table the Supplementary Estimates and give Notice of the Motion to enable the House to transact Business under Order No.8. In addition, the Business shall commence not later than 3.30 p.m. pursuant to provisions of Standing Order No.156 (3)

Mr. Speaker, Sir, I beg to give notice of the following Motion:- (i) THAT, a sum not exceeding Kshs.27,616,519,830 be granted from the Consolidated Fund to meet expenditure during the year ending 30th June, 2010, in respect of Supplementary Estimates of 2009/10 Financial Year (Recurrent) having regard to the proposed reduction of Kshs. 4,679,303,495 therein appearing. (ii) THAT, a sum not exceeding Kshs14,392,008,839 be granted from the Consolidated Fund to meet expenditure during the year ending 30th June, 2010, in respect of Supplementary Estimates of 2009/10 Financial Year (Development) having regard to the proposed reduction of Kshs23,275,698,905 therein appearing.

Mr. Speaker, Sir, I beg to ask the Minister for Justice, National Cohesion and Constitutional Affairs the following Question by Private Notice. What is the Government doing to restore the confidence of Kenyans in the Truth, Justice and Reconciliation Commission (TJRC) following the resignation of its Vice-Chair?

Mr. Speaker, Sir, I want to thank the Assistant Minister for stating that he wishes to observe the rule of law. Under the same Act of the Truth, Justice and Reconciliation, there is Section 17(2). I am urging the Assistant Minister to consider applying this section in view of the outcry in the court of public opinion where three things have been raised. One, that Mr. Kiplagat has been adversely mentioned in the Wagalla Massacre of 1984. He has to be interrogated on his presence in Wajir. Secondly, he has been mentioned in the case of the assassination of the late Dr. Robert Ouko. In all the three commissions of inquiry, Mr. Kiplagat was a witness. Finally, the same Kiplagat has been mentioned in the Ndung’u Report on the illegal acquisition of land where he is a beneficiary. Could the Assistant Minister proceed under Section 17(2) to ensure that Kenyans concerns are addressed?

Mr. Speaker, Sir, first and foremost, let me thank my colleague for referring to Section 17(2) of the Act. However, the allegations made against the Chairman of the Commission are very serious. We believe in the rule of law. We also believe in the rule of natural justice where no Kenyan should be condemned unheard. Mr. Speaker, Sir, what has come out of these serious allegations is that, unless the Chairman is given a chance to ventilate, it will be wrong for us in this House and as a Government, to declare Kiplagat guilty. Secondly, referring to Section 17(2) of the Act, you will allow me to read for the sake of my colleague here. This Section talks about the removal of commissioners. It says:- “Without prejudice to Section 16, the chairperson or a commissioner may be removed from office by the President for:- (a)Misbehaviour---” Mr. Speaker, Sir, the nature of allegations raised by the Member does not fall under misbehavior. “(b) If the chairperson or commissioner is convicted of an offence” Again, Mr. Speaker, Sir, what has been raised by my colleague does not amount to Kiplagat having been convicted for an offence. “(c) If the chairperson or commissioner is unable to discharge the function of the office by reason of physical or mental infirmity”. Again, that is not one of the reasons raised by my colleague.

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Mr. Speaker, Sir, it is a moral duty for the Ministry to clear the air one way or the other. One, the Assistant Minister ought to tell the House the process of appointment that led to Mr. Kiplagat being appointed and whether it included Non-Governmental Organizations (NGOs) which are now baying for his blood. Secondly, now that it has been alleged publicly that he has been mentioned adversely in two Reports, it is the duty of the Ministry and if the Assistant Minister could confirm to this House whether indeed those Reports do mention him adversely. If they do, then the House would have no option but to agree that he should resign. However, if he is not named adversely, it is the duty of the Minister to let us know the truth so that we do not become part of the process of mob justice. Could the Assistant Minister address these two issues?

Assistant Minister, you may proceed and address one only. In compliance with the rules, the Member for Gichugu ought to have raised one question.

Mr. Speaker, Sir, I would have wished to deal with the two.

Proceed, if you can do so with precision!

Mr. Speaker, Sir, let me begin with the first one; how Mr. Kiplagat was appointed. It is very clear that Mr. Kiplagat was appointed under Section 9(1) of the Act. Let me confirm to the House and my learned senior that the body that nominated Kiplagat to the Commission is not one of those NGOs or the civil society now claiming that he is guilty. Mr. Speaker, Sir, Mr. Kiplagat was proposed by the National Council of Churches of Kenya (NCCK). Up to today, the NCCK has not, either directly or indirectly, objected and began to question the credibility and character of Mr. Kiplagat. Therefore, those making various allegations against him are not one of the bodies that nominated him to the Commission. Up to this moment, until the time I left the office at about 2.15 p.m. we have not, as a Ministry, received any formal communication either from a person or a group of persons making the allegations that have been raised in the House. Therefore, I want to confirm that as a Ministry, we have not received any single written complaint asserting the allegations raised by my colleague. I believe I have been able to deal with the two issues raised by my senior learned friend, whom I respect very much.

Mr. Speaker, Sir, the issues that are raised by this Question are very fundamental to the very basic existence of the Commission and, unless the Government is able to deal with the issues as required by the law, it may be difficult for the Commission to discharge its responsibilities as required under the Act. When the Assistant Minister gave the answer, he arrogated to himself the role that the Tribunal ought to do. What should be done, and I subscribe to the view, that there should be no public lynching of Commissioner Kiplagat. The Assistant Minister ought to advise any Kenyan who has a complaint to file it in writing, not through the media, so that Section 17(2) can be put into operation without the Assistant Minister giving an answer. Under those circumstances, why has the Ministry not advised Kenyans complaining to take the right procedure?

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Mr. Speaker, Sir, I would like to thank my colleague for giving solutions to the problem that is facing us; how Kenyans should proceed with the situation facing us. Section 21 of the Act contemplates the independence of the Commission from the Government. Mr. Speaker, Sir, this is a very serious issue, allow me to read for the benefit of my colleagues. Mr. Speaker, Sir, Section 21(1) reads:- “In the performance of these functions under this Act, the Commission shall not be subject to the control or direction of any person---

Order, Mr. Cheptumo! You have been asked what I see as a very simple question by Mr. Olago.

Please resume your seat for a minute!

Mr. Olago has asked you why you have not found it fit to advise members of the public who have complaints to put them in writing so that you can invoke the provisions of Section 17 of the Truth, Justice and Reconcilliation Act. Simple! You do not have to read that Section to the House.

Thank you, Mr. Speaker, Sir, for saving me because I really wanted to even begin to form the foundation of my answer. But let me say that we have done that severally and we have been able to tell the public that we, as a Ministry, cannot be the first ones to raise issues. If Kenyans have issues, they should take advantage of the law, file their complaints with the relevant arm of Government which will then take the appropriate action. So we have done that before by telling Kenyans what they should do. They should comply and follow the law.

Mr. Speaker, Sir, the Truth Justice and Reconciliation Commission (TJRC) has not been able to start its operations because of serious interference from the civil society and other busy bodies. What is the Ministry planning to do to protect the TJRC against this serious interference?

Mr. Speaker, Sir, it is completely a different Question but since I am ready for any Question even now, let me say, first of all, it is wrong for my colleague to refer to the civil society as busy bodies. I think these are institutions and individuals. Let them say whatever they want to say, but through the right channels. I think I have already answered this question. We will be able, as a Ministry, to tell Kenyans what to do.

Mr. Speaker, Sir, the Assistant Minister is willing to allow Kenyans to use the right channels so as to invoke Section 17(2). I want to use this opportunity to table on the Floor of this House, a request by Kenyans to investigate Amb. Kiplagat. Inside this file, we have documents that touch on the Somali peace process and many other things where Amb. Kiplagat is involved. As I table these documents, I would like---

Order, Dr. Khalwale! I cannot allow you to table a document that is nondescript. I do not know what that document is and so before I allow it to be formally tabled, you will have to pass it on to the clerks so that I look at it and determine whether or not it can be tabled.

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Most obliged, Mr. Speaker, Sir. At the end of my Question, I will pass it to the Clerk to pass it over to you and then you will make a decision.

You can ask your last question!

Mr. Speaker, Sir, I would like the Assistant Minister to tell the House whether in his own mind, especially given that he is a lawyer, he is convinced that when the TJRC will be sitting, they will reach a point whereby they want to address the Ouko Murder, Wagalla Massacre or the Ndung’u Land Report, that Amb. Kiplagat will still be able to sit in the chair. This is the file!

Mr. Speaker, Sir, it is not for me to read the mind and to know the issues which will arise before the Commission. If you look at the preamble of this Act, Section 5 and 6 of the Act, it clearly spells out the functions and objectives of the Commission. At this point in time, we cannot assess the ability or otherwise of Amb. Kiplagat. I think this is not the forum for us to do so. I want to leave that to the Commission and for Kenyans to judge when they begin their work.

Hon. Members, as we conclude on that matter, what Dr. Khalwale has sought to table is a file with all manner of documents, and that is not the way we table documents. But Dr. Khalwale, as I see it, you will have to deal with these documents singly and separately. The first one is a letter which is addressed to you as the Chairman of the Parliamentary Public Accounts Committee (PAC) and yes, it is properly dated 10th March, 2010 and there is an author who has signed this document. So quite obviously, the Assistant Minister would not be aware of this letter because it was addressed to you; it is not copied to the Assistant Minister. What you should then do and which I advise that you do immediately is that, you as the Chairman of the PAC, should cause this file to be discussed by the PAC because it is addressed to you in that capacity.

Then let the Committee make minutes of whatever deliberations they do and pass that on then to the Minister or do a report to the House as the Committee shall decide. If the Committee decides that, you immediately address the Assistant Minister, then you shall do so and ensure that that is captured in the Minutes of the Committee. That should then rest the matter!

Mr. Speaker, Sir, I beg to ask the Minister for Energy, the following Question by Private Notice. (a) Could the Minister explain the cause of the frequent electricity power disruptions within Matuu town and its environs? (b) What mechanisms is the Minister putting in place to correct the problem?

Mr. Speaker, Sir, I beg to reply. (a)The power disruptions that have affected Matuu Town and its environs were caused by vandalism of a transformer at Ngutani water pump. Other interruptions were caused by lightning that struck and damaged a transformer at Kimangu market, broken cross arms at Kithyoko and a planned maintenance around Matuu Market of changing rotten poles and a tree cutting beyond 6H3. (b)The following remedial actions are being undertaken to correct the problem and also prevent future disruptions:- My Ministry through the Kenya Power and Lighting Company (KPLC) is pursuing introduction of non-oil cooled transformers. This will sharply reduce vandalism given the fact that the current high frequency of vandalism is largely associated with decanting of oil from transformers thus causing them to burn out. With the introduction of such transformers it will also be very difficult for vandals to access transformer copper wirings. In addition to this, a planned Kindaruma-Mwingi-Garissa 132KV line due for commissioning in the first half of 2012 will include a 132KV to 133KV transformation sub- station at Mwingi. Matuu will be connected to Mwingi sub-station in order to boost power supply. This is expected to increase supply capacity and provide stable and reliable power supply to Matuu and its environs.

Mr. Speaker, Sir, Members are consulting loudly and I can barely hear myself.

Order, Members! Let us hear the Member for Yatta!

Mr. Speaker, Sir, I brought this Question here in 2006, but the problem still persists despite the assurance by the Ministry that it would be solved. Power quality in Matuu is still very poor. It is said in Matuu that electricity is allergic to rains. A single drop of rain with no lightening, the power goes off. What exactly causes power to go off when there is no lightening, but just slight showers? Could the Assistant Minister explain to the House?

Mr. Speaker, Sir, I did mention that it is actually vandalism that has affected the transformers. It is true that this affects the quality of power. For this particular case, power has been very stable for a while. It only got disrupted when we had vandalism of the transformer. Routine maintenance is being undertaken by the KPLC personnel.

Mr. Speaker, Sir, could the Assistant Minister assure this House that all transformers in Matuu are grounded to the extent that lightening does not cause outage again? From what he is talking about, it is nothing short of the ground wire which is supposed to stop lightening from disabling the transformer.

Mr. Speaker, Sir, I have not heard the question. The Members are consulting very loudly.

Hon. Members, please, lower the level of your consultations, so that we follow the proceedings!

Mr. Speaker, Sir, all I am saying that the Assistant Minister should ask the area engineer to ensure that the ground wire is connected to the ground to stop lightening from damaging the transformer. What happens is that thieves steal the ground wire leaving the transformer floating without the ground wire to arrest lightening. Could he ensure that in the future, these things are inspected and engineers make sure that ground wires are not cut by thieves?

Mr. Speaker, Sir, I will take the advice of the Member. It is very correct that the transformers should be properly earthed.

Mr. Speaker, Sir, frequent power disruptions normally come with power fluctuations. Of late, power fluctuations have been very frequent in Mombasa. It has even caused the loss of one life and two houses totally burnt down. What is the Assistant Minister doing to stop the frequent power disruptions and fluctuations? What is he doing to ensure that those damages that are caused are compensated?

Mr. Speaker, Sir, my Ministry is undertaking a lot of additional works in terms of transmission lines to make the power supply reliable. As you realize, for a long time we have not been able to do transmission lines, but this is being addressed so that we can have power stability in the whole country.

Mr. Speaker, Sir, we have electricity generating dams in Masinga and Yatta. What is the Ministry doing to fast track the planned connection of power of Matuu to Kindaruma/ Mwingi/Garissa, so that the people of Yatta, in particular Matuu, do not continue suffering because of these power black outs?

Mr. Speaker, Sir, I said that we are planning a Kindaruma/Mwingi/Garissa 132 KV line. This is at a very advanced stage and is actually being funded by the World Bank. There will be a sub-station at Mwingi, which will also cover Matuu. I am sure with this, the power supply to Matuu will be stabilized.

Mr. Speaker, Sir, I beg to ask the Minister of State for Provincial Administration and Internal Security the following Question by Private Notice. (a) Could the Minister explain the spate of insecurity in Kuresoi District and circumstances surrounding the brutal murder of a family of three in the district on the night of 28th March, 2010? (b) What is the progress of the investigation into the murder and what measures has the Government taken to enhance security in the district?

Mr. Speaker, Sir, I beg to reply.

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Mr. Speaker, Sir, it is true that security has improved in Kuresoi since I took over. But my concern and the concern of the people of Kuresoi is that the police have not really put much effort into investigating this offence which is brutal and meant to strike fear in the public. Has the Assistant Minister considered even using traditional investigators from the community? As I speak, the elders are meeting and I do not know whether he can direct the police to work with the elders, so that we can get the real culprits, and not some boys who are just wandering in the town.

Mr. Speaker, Sir, we have experts to investigate, especially murder cases. We have, so far, arrested six suspects as a result of the information that we got from the intelligence agency. If we use any other ordinary person to investigate, we will loss track of apprehending and arresting the same suspects. I am sure we are going to arrest more suspects and not just the six whom we have put in custody. Given a week from today, we will come up with a list of three more suspects whom we are zeroing in on.

Mr. Speaker, Sir, the Assistant Minister has already indicated clearly that the Ministry is making efforts to improve general security in the area. I would like him to specifically indicate what security arrangements he has taken for the remaining members of this targeted family.

Mr. Speaker, Sir, that is a good question. If one passes by Rono’s house – Rono is the husband of the fellows who were murdered – they will feel that there is something within that environment. We have beefed up security and patrol is continuing, even as I speak. There is presence of security officers within that area. So, we should not have any problem.

Mr. Speaker, Sir, the Assistant Minister is relying entirely on statistics in terms of the reduced homicide or murder cases. He implies that because statistics indicate a decline, it means that there is increased security. He has not given us any specific action that the Ministry has taken to ensure that security is improved in the area, other than only relying on statistics. We are asking you what steps you have taken to ensure that these murders do not

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Order, Member for Chepalungu! You are being repetitive.

Mr. Assistant Minister!

Mr. Speaker, Sir, I did say that we have beefed up security. We have added even the security personnel. We are doing patrols on a daily basis. That is why we only have two reported murder cases since last year. We have done a commendable job on the ground and will continue to do so. The presence of police will be felt within that area.

Mr. Speaker, Sir, I remember that Kuresoi is still the same area where last year, there was reported a murder of a returning Internally Displaced Person (IDP). What is the Assistant Minister doing to ensure that he constitutes community policing, so that people can have confidence in and assist the law enforcement agencies?

Mr. Speaker, Sir, I want to assure the people of Kuresoi that they should not have any fears. Within 200 metres they will, definitely, meet with a police officer. They are patrolling on a daily basis. Also, at night we have quite a number of security personnel patrolling around with dogs. There are those who are patrolling on foot and those who are doing rounds in a vehicle. So, I do not think we should have any problem with Kuresoi. As at now, Kuresoi is a safe place. You can remember that Kuresoi was affected completely during the 2008 post- election violence, but now insecurity has subsided completely.

Mr. Speaker, Sir, the security of Kenyans is very key and the Ministry is supposed to assure Kenyans that they are secure in the country. I want to thank the Assistant Minister for his answer. He has indicated that he has beefed up security in the area. Specifically, how many security personnel were there then and how many have you added by now?

Mr. Speaker, Sir, as I have mentioned, we have a lot of security personnel within that area. But, because this is a security matter, I will not give figures of how many we have on the ground. But I want to assure Kenyans that their security is guaranteed and that there is no cause for alarm.

On a point of order, Mr. Speaker, Sir. I do not know what the excitement is in the House. Hon. Members are consulting so loudly that other Members who are attentive cannot even here the Assistant Minister.

Order! Hon. Members, will you, please, lower the level of your consultations, so that we can follow the proceedings?

Last question, Member for Kuresoi!

Mr. Speaker, Sir, I want to thank the Assistant Minister for attempting to answer. Since he has said that he also needs support from the public, I would like to inform him that the elders have some information which, if he is agreeable to, I will give it to him and it will actually crack this case.

Mr. Speaker, Sir, he can share with me whatever he has in order for us to speed up the investigation so that we can arrest whoever was involved.

Member for Kuresoi, will you, please, pass that information in your custody to the Assistant Minister forthwith?

Mr. Speaker, Sir, I shall do so.

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Mr. Speaker, Sir, I beg to ask the Minister for Water and Irrigation the following Question by Private Notice. (a) Is the Minister aware that the water supply system to Vihiga District Hospital has failed totally? (b) What immediate steps is the Minister taking to correct the situation in view of the suffering and inconvenience being experienced by patients and the hospital in general?

Mr. Speaker, Sir, I do not have a written answer yet.

Is the Minister for Water and Irrigation not here? We will defer this Question to Thursday, because the Minister does not seem to be in the House and I have no explanation. I hope that the Minister will have an explanation as to why she is not here this afternoon.

to ask the Minister for Agriculture:- (a) Why is there no subsidized fertilizer in any of the National Cereals and Produce Board (NCPB) depots in Western Province and Trans Nzoia District? (b) Where was the fertilizer meant for these areas diverted to and what urgent measures is the Minister taking to remedy the situation before the current planting seasons ends? (c) How much free fertilizer and seeds have been distributed to needy families in Western Province, considering that the province has the highest poverty levels in the country?

Hon. Members, the Member for Kimilili is away attending to matters, in his constituency, to do with the Interim Independent Boundaries Review Commission (IIBRC). So, we will defer this Question similarly to Thursday afternoon.

Mr. Speaker, Sir, I beg to ask the Minister for Education the following Question by Private Notice. (a) Under what circumstances did Xvarian Primary School in Kisumu Municipality enter into a contract with M/s Samjos Builders Company for construction of classrooms? (b) What was the obligation of the Ministry to discharge the contract amount? (c) What urgent step is the Ministry taking to protect the school from auction by the company in pursuance of judgement in Kisumu Chief Magistrate’s Court Civil Case No.311 of 2008 for approximately Ksh3 million?

Mr. Speaker, Sir, I beg to reply.

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Mr. Speaker, Sir, I am dismayed by the answer of the hon. Assistant Minister. This is because in the year 2001, the school development funding was done through the Ministry of Education with the approval of the Permanent Secretary. I expect the hon. Assistant Minister to know and appreciate that the primary school PTA is not a legal entity that can sue or be sued. Under these circumstances, the responsibility ought to lie with the Ministry squarely to discharge the legal obligations on the contract that is entered into by the primary school with the approval of the Ministry. Under these circumstances, what is the Ministry doing to ensure that infrastructure funding is used to discharge this contractual obligation?

Mr. Speaker, Sir, the Ministry is going to help the school in handling the legal aspect but there is no money the Ministry will give for this contract. I encourage the hon. Member to use the Constituencies Development Fund (CDF) to help the school clear this debt.

On a point of order, Mr. Speaker, Sir. The Question that I asked is what steps the Ministry is taking to discharge the contractual obligation---

Mr. Speaker, Sir, the consultations are too loud so I am not getting what he is saying.

Order, hon. Members! Order, Minister for Co-operative Development and Marketing. We wish to follow the proceedings.

Thank you, Mr. Speaker, Sir. My question was: What action is the Ministry taking to discharge the contractual obligation entered into by the school on behalf of the Ministry, not what we are doing to discharge that obligation? Is he in order to ask me if we could use CDF when I asked him what the Ministry is going to do?

Mr. Speaker, Sir, that contract did not come from the Ministry. It was the parents’ contract and the Ministry is not going to take over. However, the Ministry will help by asking the Attorney-General to handle the legal aspect of the case.

Mr. Speaker, Sir, these parents started this project in good faith for the benefit of the children of Kenya. This is a public primary school and therefore many Kenyans are there. Could the Assistant Minister consider, as the parent Ministry and the father number one of the children of Kenya, to set aside the Infrastructure Development Fund Programme through KESUP so that the money is cleared? The parents had already done a lot.

Mr. Speaker, Sir, unfortunately, as of today, Kisumu City does not fall under the Infrastructure Development Fund Programme.

Mr. Speaker, Sir, in view of the answers given by the hon. Assistant Minister, could he kindly confirm to the House whether or not the Ministry was aware when this contract was being entered into and did the Ministry give its approval?

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Mr. Speaker, Sir, I cannot commit a yes or no to that question because I was not given an answer that relates to that issue.

On a point of order, Mr. Speaker, Sir. The only reason that the Assistant Minister can say that he cannot answer is if the question does not touch on Xavarian Primary School contract, but if it does, then he ought to have come here with all issues ready if he was going to answer any questions.

Mr. Speaker, Sir, the Ministry might have known about the project through the District Education Board. I want him to listen to me.

Order, Mr. Assistant Minister! You were asked a very simple question. So, please just give a straight answer: Was the Ministry aware of this contract and did the Ministry give its approval?

Mr. Speaker, Sir, regarding projects undertaken by Parents Teachers Associations (PTAs), the Ministry is very much aware through the DEBs, but the Ministry is not part of the contract that the PTA signs.

Order, Mr. Assistant Minister! Give simple answers where you should. Your answer is: “Yes the Ministry was aware of this contract” is that so?

Yes, Mr. Speaker, Sir.

That is all you should have said!

asked the Ministry of Education:- (a) what the Ministry’s position is on the dues of thousands of teachers who retired between 1997 and 2007 and are yet to receive money running into millions of shillings as was ordered by the High Court two years ago; (b) why the Teachers Service Commission (TSC) HAS deliberately refused to implement Court Orders issued by the High Court sitting in Nakuru in 1997 soon after the negotiated salary deal between the Government and the Kenya National Union of Teachers (KNUT); and, (c) whether he could state the position of the Pensions Department and Treasury on the matter and also indicate how much interest will be paid on these monies, considering that the affected teachers have incurred a lot of expenses in the hope of being paid by the Government.

Mr. Speaker, Sir, I beg to reply. The above matter is still pending in the Court of Appeal having been lodged by the Government on 28th October, 2008. According to the Standing Order No.43, it would be subjudice to discuss this matter in the House before a ruling is made. Furthermore, I refer the hon. Member to the HANSARD of May, 2009 on the Parliamentary Question No.174 by Mr. Kioni, hon. Member for Ndaragwa in which I answered a similar Question.

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Order, Mr. Assistant Minister! I think the situation is clear here. Will you, please, lay on the Table the pleadings in the case that you have referred TO so that the Chair can determine whether or not this Question falls within the ambit of sub judice ?

Mr. Speaker, Sir, this is the High Court of Kenya Civil Case No.66 ---

Order! Just lay all the pleadings on the Table because this matter is in the Court of Appeal.

Mr. Speaker, Sir, I lay on the Table the relevant papers relating to this case.

Hon. Members, I will consider whether or not this Question falls within the ambit of being sub judice after I have had time to peruse the documents tabled by the Minister and I will give directions on Thursday afternoon. Therefore, the Question will appear on the Order Paper and I will give directions whether or not it is sub judice . Mr. Assistant Minister, please, ensure that I have all the pleadings.

Hon. Member for Mutito!

On a point of order, Mr. Speaker, Sir. Have you noticed that the Deputy Speaker did not bow to the Chair as he came in? Is he in order not to bow to the Chair?

My eyes were not at the door but where you are. Mr. Deputy Speaker!

Order, Mr. Deputy Speaker! You will have to go back and bow at the right point.

asked the Minister for Fisheries Development

Mr. Speaker, Sir, I beg to reply.

As you are aware, I tried to answer this Question last week but I did not have all the information, especially on the posting.

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Mr. Speaker, Sir, I want to thank the Minister for that good answer. I want to ask him whether he is aware that the project is encountering some handicaps because the farmers cannot afford the price of linings. In areas like Ukambani you will need to have linings which cost up to Kshs60, 000 and Kshs80, 000. Could the Minister consider cushioning that expense so that the project can be successful?

Thank you, Mr. Speaker, Sir, we are very much aware of that; that in areas where the soils are very porous, we are not able to contain the water. Already, as a Ministry, we have asked for a waiver from the Ministry of Finance on the liners, and we already have that waiver. So, anybody who has got that kind of problem can get in touch with me and we can see how best they can acquire the liners, on which the taxes have already been waived.

Mr. Speaker, Sir, given that we have a lot of food insecurity in this country, more so in the marginal dry areas, and that we have good rains this time around, what efforts is the Minister making to make sure that he posts fisheries officers, and put up ponds in areas where there is perennial food insecurity like in the whole of North Eastern Province, upper Eastern and some parts of middle Eastern?

Mr. Speaker, Sir, the issue of fish farming is a programme that needs to be well structured, because we need, first of all, just to construct ponds; we need to breed the seedlings and, from there, we need to develop the feeds, and we also need to train the personnel. I am very much aware that in our subsequent plan, we are asking the Ministry of Finance to consider what we are calling “Dry land fisheries” for areas that have been challenged in terms of water before, and which also get plenty of water when there is rain. So, we have a programme like that in the Ministry, and I think slowly by slowly, as we roll out the programme, we will be reaching there. But we cannot bite more than we can chew currently. So, the 140 constituencies were just the beginning. Immediately we finish that, we are going to roll out this programme throughout the country.

On a point of order, Mr. Speaker, Sir. My question was very explicit. I asked what concrete policy and measures he has for areas that have perennial food insecurity and that are presently experiencing a lot of rainfall. That includes putting up the dams or the ponds and everything. What concrete plans does he have?

Mr. Speaker, Sir, I think if the hon. Member for Lagdera will have the benefit to look at our National Aquaculture Strategic Plan, we have got quite concrete plans on

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Mr. Speaker, Sir, I want the Minister to consider the lining again, because what he has said is about a waiver, but the farmers who are targeted are small scale farmers. So, would you be able to disseminate that information to your officers on the ground so that they are able to assist the farmers, since the farmers are supposed to buy these liners individually as opposed to collectively?

Mr. Speaker, Sir, I undertake to do that to make sure that my extension officers on the ground are able to disseminate proper information. I also undertake to talk to my colleague, hon. Kenyatta here, to see if there will be a possibility that in this kind of funding that we are going to get, we can consider the liners for the purposes of solving that problem.

The hon. Member for Gichugu!

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

Order, hon. Member for Gichugu! Please, ask Question number 29!

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

Order, hon. Member for Lagdera!

Thank you, Mr. Speaker, Sir. But I was also on a point of order to the Minister, if only you had allowed.

But I did not! So, proceed and ask Question Number 29!

I will comply, Mr. Speaker, Sir.

asked the Minister for Co-operative Development and Marketing:- (a) whether he is aware that the Chairman of Harambee Sacco and the entire management team continue to hold office in contravention of the Public Officer Ethics Act, even after being charged with theft of Sacco funds vide NRB/Misc. Application No.45 of 2004, and what action he plans to take against them; and (b) what action he has taken on the Mwaliko Inquiry Report of May, 2002 in respect of Harambee Plaza Investment Housing Co-operative Society Ltd and Harambee Sacco.

Mr. Speaker, Sir, you will recall that I answered this question recently. We tabled some documents which the hon. Member was to look at. I, too, was to look at the documents that had been tabled by the hon. Member for Gichugu. So, for record purposes, let me repeat what I said. Mr. Speaker, Sir, I beg to reply.

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Mr. Speaker, Sir, if you recall, you gave us time because I disputed the Minister’s answer that Case No. NRB/Misc. Application No.45 of 2004 was a mere intention to prosecute. This is a case that is pending before the courts because the accused persons filed High Court Miscellaneous Application No. 330 of 2005, a constitutional reference disputing the charges. They got an injunction against the proceeding of the case and that is why the case is still pending. Mr. Speaker, Sir, I had asked the Minister to bring proof that, that case was never prosecuted and was finalized, and that is why you gave him time. Could the Minister now lay proof before the House that, indeed, the criminal case has ended and, also, tell the House on what basis the Ministry of State for Provincial Administration and Internal Security was taking action against the Chairman of Harambee SACCO under the Public Officer Ethics Act, which is one of the letters I tabled?

Mr. Speaker, Sir, I do not have with me a document that proves what the hon. Member has requested. But I have information that tells me that the local NGOs engaged in public corruption, ethics and Government watch failed to turn up in court several times until the case died. After checking of the documents that the hon. Member had presented to me and discussing them with her, it would appear that this case is not yet dead, although the information available to me was that it was dead. I will be very happy to countercheck what the hon. Member has now indicated. The information I have, clearly indicates her information is incorrect. However, I do not want to take a firm position until I countercheck the statement that has been made by the hon. Member.

Mr. Speaker, Sir, the Mwaliko Commission of Inquiry was commissioned in the year 2000 using taxpayers’ money. This Commission gave key recommendations. However, the Ministry internally chose a small inspection routine to overturn the Commission’s decision. We would like to know why the Minister chose the small team from his Ministry to overturn the decision of Mwaliko Commission of Inquiry and yet, taxpayers’ money was used to investigate the Harambee Sacco.

Mr. Speaker, Sir, for the sake of record, at that particular time, the Harambee Sacco had serious problems. In fact, it was not meeting its obligations in many ways. The Mwaliko Commission of Inquiry came as a result of agitation of membership who wanted action taken. To some extent, it is true what the hon. Member is saying. Recommendations as to the qualifications and modalities on how to hold elections were made. It also made several

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Mr. Speaker, Sir, I want to thank the Minister for admitting that Harambee Sacco is beset with problems. Just to remind him, these problems include fraudulent procurement, double encashment of cheques, loans against sitting allowance of board members which is contrary to the rules, unauthorized imprests given to board members, destruction of the front office records; the FOSA Bank Records. When members complain, they are thrown out of the Sacco. If they are employees, they are transferred to other stations. Since the members are suffering and the police are not prosecuting the offenders even after investigations, why is the Minister unwilling to listen to the aggrieved members, so as to solve their problems? I am reminding him that he received a letter from them on 11th June last year. However, he has never responded to it nor agreed to see them. Are you going to see these members so that you can begin to sort out the mess that is Harambee SACCO? Mr. Speaker, Sir, with your permission, I will lay the letter on the Table.

Thank you, Mr. Speaker, Sir. I run a democratic institution. So, I will be very happy to meet them because this Sacco is very important. It is the largest Sacco in Africa. Therefore, I would not want it to have any problem. Its membership includes staff from the military, police, and officers from the Ministry of Foreign Affairs and the Office of the President. So, 97,000 people are members of this organization. So, I will be happy to look at that letter. Having said that, a lot of information is old information---

On a point of information, Mr. Speaker, Sir.

Mr. Minister, do you want to be informed by the hon. Member?

Yes, Mr. Speaker, Sir!

Carry on! Inform the Minister!

Mr. Speaker, Sir, I would wish to draw the attention of the Minister to the fact that, in 2008, this House passed the SACCOs and Societies Regulatory Act which established the SACCOs And Societies Regulatory Authority. The authority is supposed to oversee the prudent operations of the SACCOs, including vetting and ensuring that all SACCOs go through the due process in hiring their management committees and senior staff. So, as he is

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Order! You stood on a point of information. You are now asking a question. So, you are certainly out of order. Mr. Minister, I think you will do this House some service now that you are giving a commitment to visit the members of Harambee SACCO in trying to solve their problems. Could you be more specific as to when you will visit them, so that the hon. Member for Gichugu can be satisfied that you are taking action?

Mr. Speaker, Sir, I was interrupted by my good friend. His information was useful because---

Conclude by giving a specific date when you will visit the members of Harambee SACCO.

There are many people complaining. I get letters from many SACCOs on a daily basis. However, I said that Harambee SACCO is doing very well. It was doing very badly at that point. People were not being paid their money on time, but they are now being paid on time. However, because of the nature of the complaints that my friend, the hon. Member has brought forward, I will be very happy to meet with her team as early as this Thursday week.

Member for Gichugu, do you accept Thursday this week?

Mr. Speaker, Sir, I will be willing to accompany them to the first meeting.

Mr. Minister, give the time. Thursday this week, what time?

Mr. Speaker, Sir, a Minister is a very busy man. Therefore, he does not carry his diary with him. However, since you have ordered me to do so, I will meet them at 9.00 a.m. I will cancel all the other appointment I have in order to accommodate them. It is very important that I get to the bottom of this matter and stop this kind of questions which come just before AGMs when some people want to remove the current management.

On a point of order, Mr. Speaker, Sir. The Minister has done very well. However, at the end, he insinuated that the Question is prompted by the AGM which is imputing improper motive. Could he withdraw or substantiate?

Mr. Minister, that is legitimate.

I withdraw and look forward to meeting the hon. Member on Thursday, 9.00 a.m. in my office, NSSF Building, Floor No.17.

That is fine. Hon. Members, in view of the business before the House, I defer Questions No. 172, 114 and 167 to tomorrow morning; they will take priority over Questions which may be due tomorrow morning.

What is it Minister for Lands?

Mr. Speaker, Sir, on Question No. 172, I ask for the indulgence of the hon. Member for Saboti, Mr. Wamalwa, to give me a little bit more time.

Until when?

Until Thursday next week.

Thursday next week, Mr. Wamalwa do you agree?

Yes!

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It is so ordered! So Questions No. 114 and 167 are deferred to tomorrow morning to take priority over Questions which are due then. Next Order!

Mr. Speaker, Sir, thank you for this chance. I rise to seek a Ministerial Statement from the Minister of Planning and Vision 2030 with regard to the audited report of the Constituencies Development Funds by the National Tax Payers Association (NTA). The Minister should clarify the following. Who assigned this NTA the work of auditing the Fund, whether the personnel involved are qualified and licensed to practise in accordance with the law, and what action the Minister will take to ensure that this organisation does not peddle falsehoods, which are injurious to the integrity of Members of Parliament.

The Minister of State for Provincial Administration and Internal Security, if your Statement is ready, indicate how long you will take because we are supposed to be on the next Order not later than 3.30 p.m. Even with indulgence, we must stop at 4.00 p.m.

I appreciate that Mr. Speaker, Sir. I will definitely have stopped by that time.

On a Point of Order, Mr. Speaker, Sir. A Ministerial Statement has been sought by the Member for Embakasi and the Minister has not given a commitment as to when the Statement will be ready.

Is it the same Minister?

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A different Minister, Mr. Speaker, Sir.

Member for Embakasi, which Ministry are you seeking a Statement from?

The Minister for Planning, National Development and Vision 2030.

Prof. Saitoti can you please hold brief for your colleague and indicate when that Statement will be available.

Mr. Speaker, Sir, I do give the undertaking. I will ensure that I bring the facts to the attention of the Minister to be able to avail himself on Thursday.

Proceed then!

Thank you, Mr. Speaker, Sir. The hon. Gideon Mung’aro, on Tuesday, 6th of April, 2010, stood on a point of order, seeking a Ministerial Statement on the Watamu incident that involved the killing of two people. In the statement, he wanted me, as the Minister, to clarify the circumstances under which eviction of some people took place from a plot they were residing in at Watamu at night. He also sought to know how many people were injured by the police and in which hospitals they were receiving treatment. Finally, he wanted to know what action the Minister has taken against the Provincial Commissioner and the police officers involved in the killings. Mr. Speaker, Sir, on 18th January, 2010, the Provincial Commissioner for Coast Province, Mr. Ernest Munyi, in his private capacity as a Kenyan citizen, obtained a court order from the Chief Magistrate’s court, Mombasa, for the eviction of Mr. Jarvasio Kanampiu who had settled on his one quarter acre plot in Watamu, Malindi. This was after a long protracted civil court case, filed in the same court in 1995. Information available shows that the PC had won the case and required Mr. Kanampiu to vacate the plot, but he had refused to leave. In the early hours on the 31st March, 2010, regular and Administration police officers, acting on the strength of the eviction order number 741 of 1995, issued by the Chief Magistrate’s court Mombasa on 18th January, 2010, proceeded to Watamu to evict Mr. Jarvasio Kanampiu, the defendant. The order was addressed to a court bailiff. The PC Coast Province, Mr. Munyi, asked for regular police officers to team up with the Administration police officers to oversee the execution of the order, including the eviction and demolition of the structures standing on the plot. By 6.00 a.m. the court bailiff had already conducted the eviction and demolition of the buildings on the plot in dispute. As the hired bulldozer was leaving the scene, a group of about forty people appeared along the road armed with stones and all sorts of crude weapons and started pelting the officers and the bulldozer with stones. The bulldozer was safely driven away. The action by the police to safeguard the bulldozer appeared not to have gone down well with the angry crowd, upon the realization that the disputed plot was owned by the PC, Coast Province, who had organized the eviction. These people were later joined by others, who then went on to protest at the local police station. The security personnel were reinforced by a contingent of officers from Malindi and Mombasa who tried to calm the volatile situation. Police officers initially used teargas to disperse the crowd, but were later forced to shoot in the air as the crowd became more hostile.

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Order, hon. Members! I am afraid we have run out of time and we cannot go on beyond this point. So, we will defer clarifications. Mr. Minister, please, note that clarifications will be sought at 9.00 a.m. tomorrow. We will have to move on to the next Order. Hon. Members, note that we will continue sitting until 7.00 p.m.

Mr. Speaker, Sir, I want to seek your indulgence that I do it on Thursday because I will be out of town tomorrow.

Fair enough. Clarifications will be sought on Thursday in the afternoon.

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

Hon. Members, I am afraid that we must stop there. This is casting stone.

Mr. Speaker, Sir, I beg to move: THAT, a sum not exceeding Kshs27,616,519,830 be granted from Consolidate Fund to meet expenditure during the year ending 30th June, 2010 in respect of Supplementary Estimates of 2009/2010 Financial Year (Recurrent) having regard to the proposed reduction of Kshs4,679,303,495 therein appearing. THAT, a sum not exceeding Kshs14,392,008,839 be granted from the Consolidated Fund to meet expenditure during the year ending 30th June, 2010 in respect of the Supplementary Estimates of 2009/2010 Financial Year (Development) having regard to the proposed reduction of Kshs23,275,698,905 therein appearing. Mr. Speaker, Sir, His Excellency the President has given his consent to this Motion. Mr. Speaker, Sir, the planned financial outlay for the Financial Year 2009/2010 which I presented to this House in June, 2009 amounts to Kshs867.6 billion. This amount comprised of Recurrent Expenditure which amounts to Kshs606.7 billion; Development Expenditure amounting to Kshs258.9 billion; and, a Civil Contingency Fund of Kshs2 billion. Recurrent Expenditure includes Ministerial expenditure of Kshs419.2 billion and Consolidated Fund Services (CFS) payment comprising of Kshs187.5 billion. Development Expenditure comprises of Kshs155.1 billion that is domestically financed and Kshs103.8 billion that is foreign financed. The Financial Year 2009/2010 Budget was fully funded. Mr. Speaker, Sir, since I presented the Budget for the 2009/2010 Financial Year, we have experienced both drought and, indeed, El nino type floods. We had anticipated drought and other contingencies at the time of formulating the Budget, but not to the extent we have experienced. This has, in turn, led to an increased demand for additional funds to mitigate adverse effects arising from these challenges. During the appropriation of this year’s Supplementary Budget, Treasury received requests for additional funding amount of Kshs126.3 billion from line Ministries and Government Departments to enable them to continue provide related services. However, due to hard budgetary constraints and the need to maintain a stable macro-economic environment, these expenditure requests have had to be rationalized and limited to key interventions that could not be postponed. Arising from the rationalization exercise, we are recommending for approval of additional funding to priority and essential services amounting to Kshs49.1 billion and Kshs3.24 billion for CFS. Mr. Speaker, Sir, some of the urgent and strategic interventions for which I am seeking additional funds include: Provision of voter registration and other preparatory activities for the national referendum on the proposed Constitution, Kshs5.6 billion; drought emergency related expenditure, Kshs24.2 billion; El Niño flood interventions, Kshs4.5 billion; purchase of excess maize from farmers for Strategic Grain Reserve (SGR), Kshs1.3 billion; shortfall of the national census, Kshs2.7 billion; enhanced security operations, Kshs2.5 billion; and, the first tranche of the university salaries under the Collective Bargaining Agreement of Kshs9.14 billion. Mr. Speaker, Sir, to provide resources for the strategic interventions and emergency expenditures, we have rationalized the Budget and made reallocations amounting to Kshs22.9 billion. The balance of Kshs22.1 billion will be financed using existing contingency for drought and emergency budget reserve and mop-up cash surplus in State Corporations. This leaves a balance of Kshs16.5 billion that will be unfunded. It is in this context that I seek approval from this House to borrow an additional Kshs16.5 billion from the domestic market to complement the above-mentioned efforts.

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

The question that comes to one’s mind, because this money is being requested to offer services to Kenyans, is whether the Government is doing so in good faith. That is the question that is coming to my mind. We need the services. We are all aware that there has been drought in the country, requiring food to be imported.

We are aware that farmers in various parts of the country were able to harvest this year, and we saw them complaining about lateness by the Government in buying their food crops to enable them to re-invest in more production. At a time when we know that farmers have been experiencing delays in their produce being bought by the Government, we hear of the arrival of 40 tonnes of maize at the port. Mr. Speaker, Sir, we are aware that this imported maize is coming with exaggerated importation prices, even when the prices of maize are low in the world. It means that out of the money that we are going to Vote – we will Vote the money because Kenyans need services – a chunk of it will end up lining the pockets of a select few individuals. Since the maize scandal at the end of 2008 and beginning of 2009, a select few persons have become extremely wealthy at the expense of Kenyans. That is where the question of good faith comes in. To-date, we have heard of no prosecutions arising from the maize scam. We hear excuses from the Kenya Anti-Corruption Commission (KACC) about there being no evidence, and yet the World Bank is able to estimate that we lost a whooping Kshs23 billion. Non-Governmental Organizations (NGOs) are able to give reports. Individuals are able to confess that they made Kshs85 million, and yet we are told that there is no evidence. Is there good faith in requesting money for public expenditure or are we being made to Vote for money to corruption cartels? These are the issues. Mr. Speaker, Sir, the Government needs to seriously address the issue of corruption and the issue of exaggerated prices in procurement. Yes, procurement officers do comply with the Procurement Act. They ensure the technical compliance of getting the required quotations but behind the Act, they subvert the law by pre-arranging with people tendering, who then fix the prices, and the taxpayer ends up paying. These are issues we would like the Minister proposing this Motion to take care of. We will Vote the money, but do you have good faith in ensuring that this money ends up benefitting Kenyans and not corruption cartels?

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Thank you, Mr. Speaker, Sir, for giving this opportunity to also contribute to this very important Motion. From the outset, I beg to support the Motion. It is very important that we Vote for this Motion to allow services to be given to Kenyans as per the reasons listed by the Deputy Prime Minister and Minister for Finance for having this Supplementary Budget. First, let me commend Kenyans for having tried their best to pay taxes in the first half of the current financial year, given that in the period July-December, 2009, there was a very severe drought. I am very sure that Kenyans were hard hit by that drought, but they did their best in paying taxes. I would also wish to commend the Kenya Revenue Authority (KRA) for trying their best in performing their duty of revenue collection. Mr. Speaker, Sir, the Deputy Prime Minister and Minister for Finance, while moving the Motion, talked of the following activities as requiring supplementary budgets: First, the ongoing voter registration exercise, which is having the biggest chunk of Kshs5.6 billion in this Supplementary Budget. My request is that although this House passed the Vote for the ongoing constitutional review process, and fixed the voter registration exercise for one month, I think that is a very short time to register Kenyans, especially taking into account the fact that, with the

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Madam Temporary Deputy Speaker, looking at the figures as contained in the Motion, it is pretty clear that the recurrent expenditure is going up by a net amount of about Kshs22 billion. It is also clear that the Development Vote is being reduced by almost Kshs9 billion.

Madam Temporary Deputy Speaker, the worry I have here is that if you look at the composition of the Budget as it is today, a huge amount goes to the Recurrent Expenditure. We have expressed this concern before, year in, year out, whenever the Minister for Finance presents the Budget that we must move towards increasing the proportion of the budget amount available to Development and decreasing the amount for Recurrent because it is from Development that we will be able to create growth. But as it is, it looks like the situation has even been made worse because the Recurrent Expenditure is going up by a net amount of Kshs22 billion. But even the little amount that had been provided for in the Development Vote is reducing by Kshs9 billion. This means that the gap is even bigger.

So, I really want to ask the Minister and the Government in general that we must move directionally, to provide more for development than for recurrent.

Mr. Temporary Deputy Speaker, Sir, we raised this in a different forum with the Minister. If you look at the Budget today, what you call discretionary expenditure, that is what the Minister is really free to spend or allocate, there is very little freedom because what comes from the Consolidated Fund Services, the Minister cannot do anything about it. This is because it is by law defined that, that money must be spent first before you do anything else. If you look at that component, it eats a very big chunk of the total budget. Whatever is left of it, you find that 97 per cent is going to Recurrent Expenditure. We have only 2.6 per cent for Development.

Mr. Temporary Deputy Speaker, Sir, I ask myself the question: If the Government is talking about the Vision 2030 and has put benchmarks, are we really going to attain that growth if we continue to spend 97 per cent of our discretionary Budget on Recurrent Expenditure? I think this is a big challenge for the Minister for Finance. We would like to see growth, but not just growth per se . But we want growth with creation of employment. At the moment, we have a problem in this country. Even the times we have achieved very high growth rates, up to seven per cent, if you look at the employment creation, it was a very small percentage. So, we must come up with policies that do not only create growth, but they must also create employment to go along with it. There are youth who are well educated but have nothing to do. I think the KaziKwa Vijana Programme is a joke. It is a very poorly thought out plan, poorly implemented and a waste of money. It should never have happened. It is either we have that and it is well planned so that it creates that impact that is required rather than getting money to go into the pocket of

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Mr. Temporary Deputy Speaker, Sir, I thank you. I would like to assure our good friend the Minister for Finance that any time you command us to give you money through your Budget Speech, we will give you. Even if you woke us up at midnight, Mr. Uhuru Kenyatta, we will still give you that money. But as we give you that money, we would like you to also be prepared to listen to us, especially on our concerns. Mr. Temporary Deputy Speaker, Sir, I recall vividly that when the Minister made his last Budget Speech, there was so much hope. We were so proud of you. In fact, as you read the Statement we were saying: “Uhuru for President!”. Do you know why we said that? It is because you came out so well on what you were going to do on education, health and to make our economy recover through those Economic Stimulus Packages. You told us what you were going to do with agriculture and roads. You made us happy! But look; these many months later, where are we? If you tried to make a similar speech today, none of us would shout, “Uhuru for President”. This is because you have not proved yourself. Mr. Temporary Deputy Speaker, Sir, I am saying this because I remember what is happening in education where there was so much hope. At that time, we did not know that as soon as the Minister receives the money, the biggest news in the education sector would be the scandal of Free Primary Education. We were told by the Prime Minister and the President that they were going to make sure investigations are going to be done to make sure that the funds that have been lost in free primary education are accounted for. Today, nothing seems to be happening! Again, the Government is waiting for us to come up with Ministerial Statements or Questions by Private Notice for them to give us an update of what is happening with the issue of Free Primary Education Programme. Even the Minister for Education, Prof. Ongeri himself has not come up to tell us how he utilized the funds that Mr. Uhuru gave him and the funds he got from the donor community. We are not happy! What do we see? We see a situation whereby when the results are announced at primary and secondary level, the only people who celebrate are the rich people who have their children in academies. The children in public schools do not

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On a point of order, Mr. Temporary Deputy Speaker, Sir. I thought we are debating the Supplementary Budget but I can see my colleague has totally shifted to the Constitution which I know there will be time to come and debate it. The hon. Member should not mislead Kenyans that it will be easy to change the Constitution once it is passed, knowing very well that it needs a referendum.

All right! Dr. Khalwale, please stay on course and proceed!

I am on course, Mr. Temporary Deputy Speaker, Sir. As you can see the hon. Member is living in history. We have already debated the new Constitution my brother and it is gone!

Dr. Khalwale, proceed!

Thank you, Mr. Temporary Deputy Speaker, Sir. I was raising the issue of voter registration. The IIEC is out there breaking the law. There is no law which tells these people that for somebody to be registered, they have to go and look through the old voters’ register. There is no law which says that somebody should go with an old voters’ register. Today, people are not registering because they fear that they destroyed the old voters’ register, it was burnt during the clashes and so, they would be caught by the law. They must announce categorically that to register, you do not need the old voters’ register. With those few remarks, I beg to support.

Mr. Temporary Deputy Speaker, Sir, I rise to support this Motion. There is need for this Supplementary Budget to be approved. For those of us who have been in this House for ages, from my experience in the past, Ministers for Finance could not even pay for capital projects.

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Thank you, Mr. Temporary Deputy Speaker, Sir. At the outset, I would like to say that I support this Motion. The Motion proposes a Budget of Kshs27 billion against a Budget of Kshs867 billion. Actually, it is less than three per cent variance and that is very good. A three per cent variance is a small variance. I have seen much more in other places, but still, there are a few things that I need to comment about.

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Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me an opportunity to contribute to these Supplementary Estimates. This is the first time we are debating the Supplementary Estimates since the coming into effect of the Fiscal Management Bill. We must remind ourselves what the Fiscal Management Bill was changing in the system of our budgeting and the introduction of supplementary budgets. While passing the Fiscal Management Act, we said that the Budgeting process in this country has to change and that we are expecting it to be issue-oriented and policy-driven. We do expect that the Supplementary Estimates will

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Mr. Temporary Deputy Speaker, Sir, thank you very much for the opportunity. I also rise to support this very important Motion.

Firstly, let me thank His Excellency the President, hon. Mwai Kibaki, for giving consent to this Motion. I should also thank the Deputy Prime Minister and Minister for Finance for the manner he has presented these Estimates to this House. I will also recognize the big role that is being played by the Permanent Secretary at the Treasury, together with his senior officials. Mr. Temporary Deputy Speaker, Sir, agreeing to approve these Estimates allows continued services in the Government departments. One of them, which is very critical, is the recently negotiated settlement following a strike threat by universities’ staff. This is a sector that would have crippled learning in this nation. Therefore, proper planning must be put in place all the time to avoid these consequences. There was the first phase and negotiation on the second phase must be started immediately, in order to avoid a similar threat to strike. Therefore, allowing Kshs2 billion to be factored in these Supplementary Estimates will create harmony and stability in our universities. Mr. Temporary Deputy Speaker, Sir, it is also important to pass the Estimates because our security in this nation leaves a lot to be desired. Our kids are now at home and they are threatened by kidnapping and other complicated forms of insecurity. Therefore, it is important that the security personnel have enough money to fuel their vehicles, or even buy new vehicles so that security is really enhanced in the nation. Those newly created districts have District Commissioners and Officers Commanding Police Divisions (OCPDs), who move on motorbikes and matatus at times. This, really, must be changed. Insecurity in the nation will also affect the tourism sector. Therefore, approving the funds will also generate the income for this nation. Mr. Temporary Deputy Speaker, Sir, our roads have not been spared either by the pounding rains. Roads have been destroyed. They need to be restored. Mr. Temporary Deputy Speaker, Sir, the matatu industry and transporters are all crying because of the heavy losses that they are incurring in that sector. Therefore, it is important that they allow funds to go to the road sector for road construction. It is important that the contractors should also be encouraged to carry out quality work. What is happening today is that we allow shoddy work to continue. So, people take national resources for jobs not done. It is very sad that up to now, we have not been able to settle the Internally Displaced Persons (IDPs). It is notable that the two principals in their efforts as they are addressing the current draft, it would be possible to make sure that all the integrated IDPs, especially in my constituency, about 5,000, are settled. Mr. Temporary Deputy Speaker, sir, we are now heading to Madaraka Day. What type of

Day are they going to celebrate if they are not settled? Let all Kenyans enjoy that

Day. We should make sure that funds are there to make sure that they are settled. It is pathetic that you can go to a hospital and find that there are no drugs. There are no drugs because funds have not been released. It is important, therefore, that money has to be released to the Ministries concerned and procurement of drugs is done so that innocent Kenyans do not continue

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Mr. Temporary Deputy Speaker, Sir, thank you for giving me a chance to contribute to this very important Motion. I stand here to support it. I want to comment the Deputy Prime Minister and Minister for Finance for coming up with a stimulus package. This package, I know has not taken off the way it is supposed to have, but it is a very important package which if utilized well, can do a lot of good work for this country. I want to urge the Minister to ensure that this stimulus package works. In many parts of the country, even in my constituency most of the projects have not taken off. I know when something new like this begins, there are some teething problems associated with a new programme. I want to ask the Deputy Prime Minister and his team to ensure that this stimulus package works. When the Deputy Prime Minister presented his Budget, everybody in the country rejoiced because it was one of the best budgets that have ever been presented in this Parliament. We do not want it to fail. I urge the Minister to make sure it works. I know we are in economic hard times but I urge the Minister to try and see that the economic stimulus package works in all our constituencies. If that works, we will still be singing “Uhuru for President”. I want to urge him to continue along that line.

Mr. Deputy Speaker, Sir, one of the problems that we have in this country is misuse of resources. There is a lot of misuse of public resources in so many Government departments. I

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Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity to support this Motion. I want to commend the Minister for what he is doing for this nation. Since the post election violence, our Government has not had much money. As you are aware, most of our money comes from the agricultural sector and the tourism sector. Tourism did not have a big jolt, and up to now, it has not recovered. We have had an extended drought that devastated most of Kenya; it has impacted very negatively on the farming community.

Mr. Deputy Speaker, Sir, the Minister has had to deal with a very tight budget, despite these challenges, and it is showing that things are getting better. The money we are giving the Minister should be properly used. I am thinking particularly of the issue of farming; the farmer has always got a raw deal. If you look at the highly productive area of western Kenya and North Rift, the farmers there can produce enough food for this country. But I do not think the programmes that we have on the table and the finances that we give to the Minister for Agriculture are enough to ensure that we have enough food for our people. A hungry person is a very dangerous person. Kenya should not be importing food at all! We have now been a nation that year in, year out, we import food. This is not the situation that should be found in Kenya. As a colleague has said, Kenya has a very good climate; we have very good soils and hard working farmers. We only need to have proper programmes and better funding of the farming community, and we will get all the maize, beans, rice and sugar we need. But a lot has still to be done.

Mr. Deputy Speaker, Sir, a small country such as Malawi is now exporting maize. A few years ago, Malawi was a very hungry nation, but because of proper planning and good programmes, Malawi is now an exporter of maize. A few years ago, this country was a very good market for our meat. Indeed, I remember that in those days, the early 1980s, Botswana did actually send a team of experts to see how we run the Kenya Meat Commission (KMC). But twenty years later, Kenya does not have the KMC; it has collapsed. Now, we are thinking of sending experts to Botswana to see how they run their meat sector. We have a tendency in this country of creating institutions that work very well, but later on, we destroy them. With proper incentives given to all farmers, we would produce enough food for this country and the idea of importation of food would be history.

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Thank you, Mr. Deputy Speaker, Sir, for the opportunity to support the Supplementary Estimates. Just to add on what the Minister for Forestry and Wildlife has said, if he got more money, I am sure that areas like the Maragoli Hills which used to be rain catchment areas would improve the climate and environment in this country. There is the aspect of roads that the Minister has just alluded to. The Kisumu-Kakamega Road and Kitale-Lodwar Road is in a pathetic state. I do not think it takes one hour and ten minutes to drive there. It takes much more than that. The problem we have with regard to roads

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Madam Temporary Deputy Speaker, thank you, for the opportunity to contribute to this Motion. I want to start by applauding the Deputy Prime Minister and Minister for Finance for proper leadership in this very critical Ministry. When the Deputy Prime Minister and Minister for Finance came to the House last year during the Budget Day, he made a Speech which had proposals that we felt will go a long way in, not only addressing the issue of the poor economic growth rate, which was as a result of the post-election violence and had gone down from 7.1 per cent to 1.7 per cent, but to also address some of the inequalities that had been identified. We felt he would also address the plight of Internally Displaced Persons (IDPs) who are bona fide Kenyan citizens who are still in camps even as I speak today. Unfortunately, my good friend, hon. Uhuru Muigai Kenyatta decided that he is going to be long in speeches and short in action. The limitations of his actions have largely not to do with his noble objectives, but a bureaucracy that thinks that this country should not move forward. It is a bureaucracy that defines itself as if the bureaucracy in the Civil Service is the ultimate objective and outcome of a Government. Madam Temporary Deputy Speaker, Sir, it must be made abundantly clear from this House that civil servants, Members of Parliament, Cabinet Ministers, and all of us who qualify to be public officers in the Republic have a duty to serve the citizenry. We must serve the citizenry with a sense of urgency, a desire and commitment to ensure that we get results for this country. The results must be obtained within a defined time frame. The Budget’s theme was very clear: Overcoming Today’s Challenges and Factoring the Future in Mind. One of the proposals was about Economic Stimulus Packages (ESPs). The Minister was very categorical, clear and eloquent that this programme would be implemented before the end of December, 2009. It is now April, 2010. Yes, there are explanations over negotiations, involvement and participation. However, I want the hon. Minister to take into account the fact that those negotiations came about because the Government was reluctant to negotiate with Parliament. We know that Parliament was very clear on the way forward. I have

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Thank you, Madam Temporary Deputy Speaker, for giving me the opportunity to support this Motion.

Like my colleagues who have spoken before me, I wish to congratulate the Ministry, and the Deputy Prime Minister and Minister for Finance, his Assistant Minister and their entire team, for the good work they are doing. We should especially appreciate the fact that after the country went through the terrible experience of businesses going down following the post-election crisis, which we unfortunately brought upon ourselves, they have been able to recoup the management of our finances under very difficult circumstances and have still been able to run the many needs of a government.

Madam Temporary Deputy Speaker, even as we complain that certain things have not been done, we should know that the Government is working under very difficult conditions at a time when businesses are not making enough money to be able to pay taxes. The Government can give us as much money as the taxes they collect. The problem is the source of the money.

Even as I congratulate and thank the Ministry, I am just a bit concerned that there are certain areas which, definitely, need a lot more financial support, especially at this time when we have had floods. We have experienced the drought. We have experienced outbreaks of unusual

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Thank you, Madam Temporary Deputy Speaker, for giving me this opportunity to support this Motion.

First of all, I want to commend the Deputy Prime Minister and Minister for Finance for the way he has handled this Ministry, for the Budget he read and for this Supplementary Estimates. I want to caution him on one issue. A couple of years, we have been financing our Budgets by selling parastatals. We will come to a time when all these parastatals will have gone. We need to develop mechanisms where we can raise revenue without relying on selling our cows.

I also want to comment on the Economic Stimulus Package, particularly the one for the Ministry of Fisheries Development. About 200 fish ponds were given to each constituency. That will go to only about 200 people. In my view, this should not be just grants, it should be set up as a revolving fund, so that when the ponds are set up, farmers are able to repay within a year. Then once repaid, this amount can be lent to another 200 people and this can be going on for years and years. I believe this is the way to maximize on this amount.

I also want to talk about roads. Roads have been damaged during this rainy season. When we leave roads to develop potholes and then repair them, like the road we have in Kinangop; the road from Njabini to the Flyover on the Nairobi-Naivasha Highway which was done five year years ago, it is not proper. This road has developed so many potholes. If you do not repair it, in about a year’s time there will be no road and you will have to build it afresh. Madam Temporary Deputy Speaker, I would urge that as we use the money, we spend it so well so that we can maximize on the money we have. With those few remarks, I beg to support.

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On a point of order, Madam Temporary Deputy Speaker. It appears as if this Motion has been thoroughly debated and exhausted. I wonder whether it is now in order for you to call upon the Mover to reply.

(Off-record)

Madam Temporary Deputy Speaker, I rise to support this Motion. When the Minister for Finance read the Budget for this Financial Year, there was a lot of excitement and anticipation. This was because of the very unprecedented Economic Stimulus Package and the allocation of resources for the Kazi kwa Vijana Programme. These are milestones which constitute a departure from how the Budgets have been done in the past. In this Financial Year, it is important for us to address the challenges and shortfalls that accompany these unprecedented programmes. Madam Temporary Deputy Speaker, the Kazi kwa Vijana Programme has received a lot of praises but there has been concern even coming from the Minister for Finance himself and the Office of the Prime Minister. This is because of the infrastructural challenges on implementation, where monies were allocated, contracts executed by the line Ministries but because of its unprecedented nature and the fact that structures where such a programme could borrow did not exist or achieve what could enrich information or knowledge, including technical, there were delays or some confusion. In many constituencies, there were even queries raised by Members of Parliament. Queries were also raised at the lower level, the other political arms of the constituencies which are the electoral wards, because the leadership was not involved. Madam Temporary Deputy Speaker, it would be important to suggest that in order to execute the Kazi kwa Vijana Programme effectively and ensure that we cover the gaps that arose out of the infrastructural weakness, the Ministry of Finance constitutes a programme on publicity. This programme sort of received monopolistic publicity from the Office of the Prime Minister while many of the line Ministries were receiving direct funding from the Treasury. It is important for the Treasury itself to have a publicity mechanism and also track the implementation on the ground so that this programme is de-politicized. I am from the Ministry of Youth and Sports and there is no other Ministry relevant with the responsibility of youth programmes including youth employment. In fact, it is within our mandate to find opportunities and even create capacities for the youth of Kenya. We have built 41 youth empowerment centres to create avenues or fora for entrepreneurship training and this is happening. This financial year we are doing another 40 and, therefore, by the end of this financial year, this country will have a minimum of 80 constituencies with youth empowerment centres to deal with questions of entrepreneurship and the Kazi kwa Vijana (KKV) is about youth entrepreneurship and temporary interventions which will create tangible start-up programmes for the youth. Therefore, the Minister for Finance should hasten connectivity improvement as far as the implementation of the KKV is concerned so that it is removed from the Office of the Prime Minister because it has the responsibility to macro-supervise the other Ministries but not to micro-manage the issues that are supposed to be with a Ministry like the Ministry for Youth and Sports.

Madam Temporary Deputy Speaker, I am saying this with all due respect because I have seen it in the docket of sports where certain decisions including the hiring of a coach who remains the biggest scandal in the sports history of this country are undertaken. The coach was hired, contracted illegally, remaining in office and reaping off Kenyans nearly Kshs20 million. So, I would plead with Mr. Kenyatta to take this matter very seriously because it provides

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Thank you, Madam Temporary Deputy Speaker, for giving me this opportunity to support this Supplementary Budget before we come to the end of this Session. It also gives me an opportunity to sincerely thank the Deputy Prime Minister and Minister for Finance for the good work that he is doing. I use this opportunity to wish him success as he continues to steer this Ministry.

In this year’s Budget, the Minister gave a lot of hope to Kenyans, especially through the Economic Stimulus Package. We are aware that we have come from the times of a lot of challenges as a country. Last year and the year before, we had serious drought, but I want to

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On a point of order, Madam Temporary Deputy Speaker. It is important that the Deputy Prime Minister and Minister for Finance gives full attention to the contributions by hon. Members. Is it in order for his sister, hon. Mugo, to engage him so much that he does not listen to the Chairman of the Departmental Committee on Education, Research and Technology?

Hon. Kabando wa Kabando, you are out of order, because the Deputy Prime Minister and Minister for Finance did not say that he was not listening. He was listening. I think he was consulting.

Madam Temporary Deputy Speaker, allow me to sincerely thank my brother. Hon. Kabando wa Kabando is one man who really believes that we must be able to move this country. For us to move it forward, we must be able to listen to one another, so that together we can forge forward, especially when I touch on education matters. Madam Temporary Deputy Speaker, I would like to applaud allocation of money to the Ministry of Education. But we want to see the fruits of the same at the end of the day. We note with great concern that today, because of free primary and secondary school education funding,

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Order, Mr. Koech! Your time is up.

With those few remarks, I want to support.

Hon. Members, it is now 30 minutes to the end of the Motion so may I request the Mover to reply.

Madam Temporary Deputy Speaker, Sir, may I begin first by thanking all hon. Members who have contributed to this Motion and to say that, indeed, we have listened to their contributions and we take them seriously. I just want to touch on a few points that were raised by some of the speakers this afternoon. Ms. Karua started off by asking whether there was good faith. I want to assure her that there is good faith. The issue was around the fact that monies might be siphoned. I do not think that the intention of the Government is to siphon any money. The intention of the

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On a point of order, Madam Temporary Deputy Speaker. Is the Minister in order to purport to give me advice to ask another Government Ministry instead of taking collective responsibility and, as an entity called “Government”, doing the job themselves? Is he in order and is he responsible?

Madam Temporary Deputy Speaker, not only am I responsible, but I am also answering her question, which was the lack of commitment in the provision of funds. The Ministry of Finance is not responsible for implementation. Those questions should be addressed to the relevant party, and I think that is the information I was passing on to the hon. Member.

Nevertheless, Madam Temporary Deputy Speaker, hon. Okemo also did refer to the issue of our Recurrent Expenditure, and the fact that this expenditure is increasing at the expense of our Development Expenditure. I could not agree more with hon. Okemo. This is something that has been of great concern to us, at the Treasury and, in fact, the effort towards bringing greater austerity to the Government is largely as a result of recognition of this.

Towards this end, Madam Temporary Deputy Speaker, I do believe that all institutions of the Government, including this National Assembly should, indeed, understand exactly what hon.

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Hon. Members, we have come to the end of today’s sitting. Therefore, the House stands adjourned until tomorrow, Wednesday 14th April, 2010, at 9.00 a.m. The House rose at 6.45 p.m.

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