to ask the Minister for Medical Services:- (a) Is the Minister aware that the lifts (elevators) at the Kenyatta National Hospital (KNH) are old and have often broken down and stalled with users inside? (b) How old are the lifts and why has the Minister not replaced them? (c) What is the cost of replacement and when will the Minister install functional lifts at the hospital?

The Member for Nyaribari Chache is not present. Question dropped!

( Question dropped)

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 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 beg to reply. (a) Yes, I am aware that the water supply at Mbale Water Works, which supplies water to Vihiga District Hospital was disconnected by the Kenya Power and Lighting Company Limited on 18th February, 2010, over an outstanding electricity bill of Kshs717,198. The power cut-off has seriously affected water services in the entire supply area of Mbale Municipality.

(b) My Ministry has settled the outstanding electricity bill and the water supply is operational as at 14th April, 2010, and the situation is back to normal. I am also in the process of revitalizing Amstar Water Company so that water services can be provided reliably in this area. I wish to request the hon. Member to appeal to his constituents to pay for water services promptly to enable the water service provider pay for electricity to avoid disruption of services.

Mr. Speaker, Sir, although I do not have a written answer, I want to thank the Assistant Minister for that response. It is not only the problem of electricity, but also the problem of insufficient water from the source. Secondly, because of the mismanagement of the funds that are paid by the customers, the company could not pay the electricity bill promptly. Could he assure this House that he will put in place more measures to ensure there is adequate water for that facility? He should also streamline the management of the project around the township.

Mr. Speaker, Sir, you will agree with me that the Member has raised a very serious allegation of mismanagement which requires to be investigated either through a Member’s Motion or the Ministry’s Motion. That will be done. With regard to the issue of whether there is enough water supplies or not, it also needs to be investigated because he has brought it to my attention.

Mr. Speaker, Sir, while I thank the Assistant Minister for ably responding to that Question, I would like him to indicate what measures the Ministry is taking to make sure that this hospital has adequate water storage capacity at all times?

Mr. Speaker, Sir, the problem that is being addressed here is about the supply of water because of power disconnection by the KPLC. It is not about the storage capacity, which we have enough. Through the Drought Mitigation Programme that we undertook last year and early this year, we have provided enough water storage to Government facilities and other institutions.

Mr. Speaker, Sir, in view of the seriousness of lack of water in district hospitals, has the Assistant Minister considered putting up boreholes? In some dry areas, water is a big problem.

Mr. Speaker, Sir, there is a relevant Question that has been asked by the Member for Laisamis which I will be answering in the next few minutes, which will address the concern raised by the hon. Member.

Mr. Speaker, Sir, the Assistant Minister should assure the people of Vihiga that they will get a water boozer because the sick people are not party to this complication. Could he assure the people that he can send a boozer in his capacity even if he cannot supply power or provide a stand by generator, so that they can have a small well?

Mr. Speaker, Sir, our work is to provide water and adequate water is there for the hospital. It is the KPLC that supplies energy. That can only be sorted out

Mr. Speaker, Sir, the Assistant Minister has tried to put up bits and pieces of answers to this Question, but I do not think he is fully informed on what is happening. There was a company called Amstar. It was a local water management company, but it has now changed its name to Lake Victoria North Water Company. That is why there is water. So, there is still that problem which needs to be sorted out. Secondly, thereafter, the Ministry assured us that they were going to dig a borehole, so that we could have a constant supply of water. Could he assure us that he is going to make sure that this dispute does not arise? Is he going to streamline the management of the water company? Could he also assure us that we will get a borehole, so that we can have a constant supply of water? This is a large hospital which can serve as a referral hospital.

Mr. Speaker, Sir, the Question that the Member asked was whether the Minister is aware that the water supply system of Vihiga District Hospital has totally failed. I have answered him that the shortage of water was as a result of non- payment of electricity bills. If he is claiming that there is a shortage of water, that is a different Question, which I am ready to address. I have committed myself that I will investigate whether there is mismanagement or there is enough supply of water. Secondly, Lake Victoria is a water service board and not a water service provider. The provider is Amstar, which is a company formed and operating under the license given by the Lake Victoria Water Service Board.

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

Order! What is it, the hon. Member for Yatta? Please, remember your decorum even if this is a new session. You do not start by pointing a finger at the Assistant Minister.

Mr. Speaker, Sir, apparently it is not because of him that I rise on a point of order. The hon. Members, particularly in the last Bench are consulting too loudly and we can barely hear what the Assistant Minister is saying.

You know where the remedy lies. Order, hon. Members! Will you please lower the level of your consultations so that we can hear those who ask or answer Questions?

Mr. Speaker, Sir, it is also important that you rule that you do not want the campaign for “NO” and “YES” in the Chambers. Maybe, that is what is causing the loud consultations.

I have undertaken to investigate the two allegations that the hon. Member made now that he has brought them to my attention.

Fair enough!

Let us move on to the next Question by the Member for Konoin!

Mr. Speaker, Sir, I request the Minister to give me a copy of the written answer.

Mr. Speaker, Sir, I beg to ask the Minister for Water and Irrigation the following Question by Private Notice. (a) Could the Minister provide the names and districts of origin of the directors of the Lake Victoria South Water Services Board, appointed on 9th April, 2010? (b) Why has the Minister ignored the Government’s directive on equitable regional distribution in appointments to public institutions in the appointments by excluding people from the Mau catchment area? (c) Could the Minister tabulate all projects undertaken by the Board in the Mau catchment area and also indicate when the formation of Kericho Water Services Board will be finalized?

Mr. Assistant Minister, do you have a copy of the written answer?

Mr. Speaker, Sir, I beg the indulgence of this House that we received this Question yesterday in the evening. We are required to do a lot of consultation. Therefore, I beg to answer this Question tomorrow afternoon or on Thursday.

Dr. Kones, what is your position on tomorrow afternoon?

Mr. Speaker, Sir, I really wonder why the Assistant Minister has said that they got the Question yesterday when it was forwarded just before we went on recess. Nevertheless, since he does not have the response now, I can wait until tomorrow afternoon.

It is so ordered! That Question is deferred to tomorrow afternoon!

The next Question is by the Member for Laisamis who is unable to be here on time because of an emergency that developed on his way to Nairobi that I have become aware of. So, I will defer this Question to Tuesday, next week.

asked the Deputy Prime Minister and Minster for Local Government:- (a) how much money the Lake Naivasha Growers Association owes as Cess after the recent remittance of Kshs10 million to the Naivasha Municipal Council after many years of default; and, (b) whether he could order immediate audit and state accrued Cess from all the growers, KenGen and all other companies around Lake Naivasha.

Mr. Speaker, Sir, I beg to reply. (a) The amount of Kshs1.4 million is owed by the Lake Naivasha Growers Association as Cess after the recent remittance of Kshs10 million to the Municipal Council of Naivasha. (b)The Ministry has directed the immediate audit of accrued Cess from all growers, KenGen and all others.

Mr. Speaker, Sir, this Question had come before and you gave us a period of two months and we still have three weeks to finalise the matter. So, I ask for the audited report to come out within three weeks.

Mr. Speaker, Sir, it is indeed true that you had ordered the Question be brought back after two months and we still have three weeks to go. I am comfortable to wait for three weeks to have the audited report.

That is fine. This Question is, therefore, ordered to be deferred to appear on the Order Paper three weeks here after. Clerks-at-the-Table, please, note that.

The next Question is by the Member for Gichugu. If she has not given her brief to another hon. Member, I am aware that she is away on Parliamentary business in Zambia. So, I defer this Question to Thursday, next week.

Let us move on to the hon. Member for Isiolo South’s Question!

asked the Minister for Roads when the Government will upgrade Isiolo/Modogashe Road to bitumen standards.

Mr. Speaker, Sir, I beg to reply.

My Ministry has finalized the designs for the upgrading of Isiolo-Modogashe Road to bitumen standards. Due to the financial requirements of upgrading this road, it has not been factored in the current medium-term expenditure framework budget. The Isiolo-Modogashe Road, B9, is located in Meru North and Isiolo Districts of Eastern Province. The surface condition of the road is partly graveled and partly earth with a total length of 195 kilometres.

Mr. Speaker, Sir, I am very perturbed with the answer that has been given by the Assistant Minister. In the last Budget Speech made in this House, none other than the Deputy Prime Minister and Minister for Finance, in part 52 of the Speech, made it very clear that this road has been funded during the 2009/2010 Financial Year. With your permission, I wish to read what it says. It says:- “With regard to the development of Northern Kenya and other arid lands, we plan to undertake numerous interventions in the region. Key projects include the Isiolo- Modogashe-Garissa-Wajir Road at a cost of Kshs1.2 billion.”

I am just reading part of that Speech and yet we are now being given a misleading answer. I need your guidance since this is a record of the House and it has gone public. I also need your guidance in connection with the answer given by the Ministry. This is a Class B road.

Mr. Speaker, Sir, I am aware of the position stated by the hon. Member, but I wish to state that the design work that was carried out in 2008 indicated that the cost of doing that road would be a minimum of Kshs5 billion. Since we had a budget of about Kshs70 billion this financial year and most of the projects were incomplete, it therefore, became impossible for us to be able to factor it here. However, I confirm that my Ministry has prioritized this road and will ensure that it is allocated funds as soon as they are available.

Mr. Speaker, Sir, at any given time when Questions are asked in relation to roads in northern Kenya, the very first thing we hear from the Ministry is that they are in the design stage. I do not know at what point we would hear that they have moved to the implementation stage. Could the Assistant Minister provide us with the list of roads they have failed to do in the last financial year and how soon they expect to do them? This is because by now they should know them. Could he confirm that they have factored this particular road in the coming financial years and any other road like that one of Wajir-Garissa?

Mr. Speaker, Sir, as to whether I would be able to lay on the table the list of roads, I think that is definitely a different Question. For now, my Ministry has given priority to specific roads that it would like factored in. All this would be to the extent that Treasury would be able to fund them. At this particular point I would not be able to know how much will be factored in Budget and where it will go in particular. However, I will be able to answer the Question once the Budget has been read and my Ministry is aware of the allocations.

Mr. Speaker, Sir, the response given by the Assistant Minister is very disturbing. The Deputy Prime Minister and Minister for Finance who made that commitment to this House to reach the public mentioned the road Isiolo-Modogashe Road by name, but we are now being told that it will be done only when funds are

Mr. Speaker, Sir, I agree with the hon. Member and indeed my Ministry recognises the importance of this road and indeed, roads in general North Eastern Province. But as I have already indicated, last year, we got about Kshs70 billion while our request this year is almost double that. So depending on what we are able to get, only then can we be able to give an undertaking to what the hon. Member has requested. However, I want to assure him that the design work that was done was completed in 2008 and from last year, we actually have the exact cost. So once the funds are available we will not be going to design but to tendering. I want to assure you that we will prioritise that road as soon as the funds are available.

Thank you, Mr. Speaker, Sir. There is something going on at the Ministry of Roads which is not quite right, in the sense that they are marginalising two provinces vis-a-vis infrastructure; the North Eastern and Western provinces. When the Deputy Prime Minister and Minister for Finance said there is Kshs1.2 billion for that road, it must have been there. Could the Assistant Minister tell us where this Kshs1.2 billion went?

Mr. Speaker, Sir, I may not be able to directly answer that question because I work for the Ministry of Roads and I speak for the Ministry of Roads. As to where Treasury would have taken the money, I would not be able to answer.

On a point of order Mr. Speaker, Sir. You heard the Assistant Minister say that he will not be able to answer that question and the Member asked a very valid question. The money was allocated by the Ministry of Finance and read in the budget. If he is not able to answer this question, could we defer this question so that we can get an appropriate answer to tell us where the Kshs1.2 billion went? Where did you divest it?

Mr. Assistant Minister, that is genuine. What is your reaction to it?

Mr. Speaker, Sir, I would require time to confirm whether the money was allocated and indeed where the money went.

In those circumstances, I will defer the Question without any hesitation to Tuesday afternoon next week. Please, come with all the answers including responding to further supplementary questions.

The Member for Maragua is not here? The Question is dropped.

asked the Minister of State for Planning, National Development and Vision 2030: (a) why the Ministry did not use the current official poverty index in allocating CDF to constituencies in the country; (b) to state the amount of money the ten poorest constituencies would have been allocated had the Ministry used the current official National Poverty Index in allocating CDF for the 2009/2010 financial year; and, (c) when the Ministry will effectively utilize the current official poverty index in allocating CDF in the country.

Mr. Speaker, Sir, I beg to reply. (a) We had agreed with the CDFC Parliamentary Committee that, one, we are await the actual population size of the constituencies based on the 2009 Population and Housing census, and secondly, on an updated poverty index based on the welfare monitoring survey scheduled in the next financial year. This decision was prompted by the need to consider movement of the people due to certain events like the 2008 post-election crisis as well as the need to have an accurate and actual poverty index. (b) It has not been valid to compute the amount of money of ten poorest constituencies in 2009/2010 on basis of the current official national poverty index due to the above explanations. (c) As earlier indicated, a new official poverty index would be computed after the release of the census data. This will allow us to use a new official poverty index in the financial year 2010/2011.

Mr. Speaker, Sir, this Government released a survey called Kenya Integrated Household Based Survey in the year 2008. All the 210 constituencies in Kenya were ranked. My own constituency, North Horr, was third poorest in this Republic. This survey is being used by the Government for all other functions but when it comes to CDF allocations, the Government has shied away from it. Could the Assistant Minister tell us why the Government is not using this particular survey, which it officially released, in allocating CDF funds?

Mr. Speaker, Sir, the Kenya Integrated Household Based Survey released in 2008 was actually for 2007 before the post-election crisis. We have agreed with the CDF committee that it would be important to await the results of the census to be released. It will be important to have the poverty index based on the welfare monitoring so that we can revise the allocations. We think we should be able to do it in the next financial year.

Mr. Speaker, Sir, it is close to a year since the census was conducted and the Assistant Minister has said that he will use the poverty index together with the yet to be released census figures. Could he convince this House that in the next one month when he is supposed to table the poverty index levels, he will release the same figures before one month is over?

Mr. Speaker, Sir, the reason for the delay was that we decided to put entirely the 12 million forms that were availed for census so that we can have an accurate

Mr. Speaker, Sir, may I know exactly from the Assistant Minister what challenges they have faced in processing the data which they did not anticipate before? The information we have is that they were going to release the information by last December.

Mr. Speaker, Sir, what was to be released was the preliminary census data and not the actual data. We have had to actually input all the 12 million forms so that we do not have duplication or errors in order to have a complete census, so that if anybody wants to check on the methodology, he is in a position to do it. It has taken time but we are on schedule and we have set it in the Ministry for release in late August.

Mr. Speaker, Sir, when determining the amount of funds allocated for CDF, the Committee considers population and poverty levels of a particular area. In northern Kenya, household based surveys have never been done. The Ministry has been using proxies. When will this Ministry undertake the necessary survey to ensure that the poverty levels of those constituencies are determined before the CDF money is allocated?

Mr. Speaker, Sir, for the sake of my friend, the Member for North Horr, last year’s census was the first one to include household integrated census which means by the time we release the actual population census, we will also be able to release the household integrated census. When we add with the welfare monitoring survey for poverty index, we will have perfect and better statistics for Kenya.

asked the Deputy Prime Minister and Minister for Finance- (a) to clarify whether the Ministry has borrowed funds from the Exogenous Shocks Facility (ESF) and, if so, explain the terms of the ESF programme, its similarity and differences to the Structural Adjustment Programme; and, (b) to explain the likely negative effects of the programme to Kenyans and the economy at large.

Mr. Speaker Sir, I beg to reply. (a) I confirm that the Kenya Government borrowed funds from the Exogenous Shocks Facility known as ESF of the International Monetary Fund (IMF) in May 2009 through the Central Bank and the terms of the loans were as follows: Interest rate - 0.5 percent per annum, grace period – five-and-half years, repayment - semi annually ending ten years after the first disbursement in 2019. The Structural Adjustment Programmes (SAPs) were introduced by the IMF and the World Bank in the 1980s. They entail a set of economic policies aimed at restoring a sustainable balance of payment and fiscal positions, reducing inflation and making the economy more market oriented in order to establish conditions for sustainable growth and poverty reduction. Such measures include rationalisation of the Government expenditure,

On a point of order, Madam Temporary Deputy Speaker. Hon. Members are consulting very loudly. We cannot follow the answer from the Assistant Minister.

Order, hon. Members! Can you lower your voices, so that we can hear the Assistant Minister? Proceed, Mr. Nguyai!

(Mr. Nguyai)

On a point of order, Madam Temporary Deputy Speaker. I was just a little bit confused as to whether the Assistant Minister is doing collective responsibility duty, or whether he is the new Minister for Finance.

Hon. Outa, we allow the Executive to undertake their joint responsibility. Proceed and finish, Mr. Nguyai!

(Mr. Nguyai)

Proceed, Mr. Ochieng!

Madam Temporary Deputy Speaker, what I would want the Assistant Minister to tell this House is: How much did the Government borrow under this facility, and how has this money been channeled into our economy?

Thank you, Madam Temporary Deputy Speaker. On 29th May, 2009, the Kenya Government, through the Central Bank of Kenya, received US$209 million, which is equivalent to Kshs16 billion, and this loan was used to enhance the foreign exchange reserve, which has stabilized the shilling. Thank you, Madam Temporary Deputy Speaker.

Madam Temporary Deputy Speaker, I want to thank the Assistant Minister for stepping in; it is a very important Question. But we are very concerned about the level of public debt in this country. You will recall that when the Minister wanted to extend the level of public borrowing, he came with a Sessional Paper here and we passed it. The issue that is bothering us is: Why did the Minister not find it necessary to bring a simple request seeking for authority from Parliament, so that we can know when the country is accumulating more debts and to what purpose was the money going to be applied? Why did the Minister not find it necessary to inform Parliament when he was going into this extra borrowing?

Madam Temporary Deputy Speaker, as you recall, when the Minister for Finance brought the paper, it was, obviously, after this particular incident, or this particular loan. This particular loan came at a time when the level of public debt was below the threshold that had been provided for; so, there was no real need for the approval of the House for the debt to have been sought. Thank you, Madam Temporary Deputy Speaker.

Proceed and ask your last question, Mr. Ochieng!

Madam Temporary Deputy Speaker, actually the reason why I also asked this Question was because I wanted to know from the Assistant Minister whether this kind of borrowing would make Kenyans to lose their jobs the way it happened in the early 1990s, when a similar borrowing was also undertaken by the Government.

Madam Temporary Deputy Speaker, first and foremost, this particular loan was on soft terms. As you realize, it was at 0.5 per cent and it had a grace period. After the grace period of five years, payment was to be made after every half year. If you look at the debt sustainability, the public debt level is within sustainable levels; we are at 15 per cent and the critical threshold is at 25 per cent. so, I think it will not have adverse effect on the economy.

asked the Minister for Co-operative Development and Marketing:-

Madam Temporary Deputy Speaker, I beg to reply. (a) Unito Savings and Credit Co-operative Society was formed by staff members of United Touring Company. The Co-operative society became dormant in 2003 following the closure of the mother organization, United Touring Company. The Ministry does not have a list of shareholders of Unito Savings and Credit Co-operative Society. However, the Ministry has appointed a liquidator in accordance with the Co-operative Societies Act, who will, in the process of liquidation, identify the shareholders and loanees of Unito Savings and Credit Co-operative Society. (b) It is expected that the liquidator will complete the liquidation process by the end of December, 2010. The share refunds, if any, will be dependent on the financial status of the co-operative society at the closure of the liquidation process, but not later than 31st December, 2010.

Madam Temporary Deputy Speaker, the Assistant Minister has agreed that the company became dormant in 2003. Up to now, it is more than seven years. Members of co-operative unions are people who contribute money from their own salaries, hoping that at their time of retiring, they would get their money. The Assistant Minister has also said, in answer to part “a” of the Question, that she has appointed a liquidator. When did the Ministry appoint the liquidator? When was this done and why did it take seven years for the Ministry to appoint a liquidator?

The liquidator was appointed at around March this year. Members contribute money from their salaries to a co-operative society, and at the same time they borrow loans. So, by the time it went down, definitely what you had saved, somebody else who was a member of the co-operative had borrowed. It was around this time that members did complain and that was when the issues were brought to the Ministry and we appointed a liquidator.

Yes, Amb. Affey?

Madam Temporary Deputy Speaker, part “a” of the Question requires the Assistant Minister to provide a list of all the members of Unito Co-operative Society. It is apparent that she does not have the list. Is it, therefore, in order for her to continue answering the Question?

The Assistant Minister conceded that she does not have the list in her answer. Maybe, Mrs. Kilimo, you could explain why you do not have the list.

Madam Temporary Deputy Speaker, it appears that it will take this Ministry over ten years. Is there no monitoring mechanism established in the Ministry to ensure that Kenyans do not continue to lose their money? What monitoring mechanism do they have in the Ministry to monitor the co-operative societies?

Madam Temporary Deputy Speaker, once more, may I explain that the Ministry does not maintain a list of shareholders of co-operative societies in this

Madam Assistant Minister, maybe, what you needed to clarify is that not all Ministers have lists when they are demanded in this House, but they look for them. If a Question arises in this House, requiring a Minister to look for a list, the Minister can get the list from anywhere. Now that there is even a liquidator on the ground, I think the question they are raising is: Why would you wait for the liquidator to give you a list when the hon. Member needs it now? Probably, they want it so that they can ask more questions. Is it a secret list with the society? Is it possible to get it or not?

Madam Temporary Deputy Speaker, this is a co-operative society that went under. It does not exist anymore. However, the liquidator will peruse the records that were held by the society. When they finish the liquidation process, they will give us the list. We will be interfering with the liquidation process if we ask for the list of the members at this juncture.

That is well done! Sheikh Dor!

Madam Temporary Deputy Speaker, the Assistant Minister, in her reply to part “b” of the Question, says that the conclusion of the liquidation process will not be later than 31st December, 2010. Is she aware that by November, 2009, the mother company, United Touring Company (UTC), was bought by Kenas Holdings Limited? So, which company are they dealing with? Is it the mother company, which was already liquidated, or the new company?

Madam Temporary Deputy Speaker, Sir, the Question was on the old company. The contributors to Unito Co-operative Society also contributed in the name of the old company.

Next Question, Mr. Charles Kilonzo!

asked the Minister of State for Public Service:- (a) whether he could update the House on the status of the Collective Bargaining Agreement (CBA) between the Union of Kenya Civil Servants and the Government of Kenya (UKCS); (b) whether he could explain the arrangements the Government has made to pay civil servants the overdue harmonised house allowance and commuter allowance; and,

Madam Temporary Deputy Speaker, I beg to reply. (a)The Government has not signed the CBA with the UKSC because there are issues in the draft CBA where consensus has not been reached. However, negotiations are continuing between the two sides on the various human resource issues. The outstanding issues include basic salary/wages, medical scheme, risk allowance, overtime allowance, hardship allowance, uniform allowance, schemes of service, subsistence/accommodation allowance, the superannuation scheme, and disciplinary cases.

To avoid the answer being too long, I attaché a detailed schedule, indicating to the Questioner item by item, the current union’s demands and the status of consultations and discussions in that respect.

(b) The housing policy in the Public Service was implemented with effect from 1st July, 2001. The policy covers the Civil Service, the Teachers Service Commission, the Parliamentary Service Commission, the Judicial Service, State Corporations and Statutory Boards, semi-autonomous Government agencies, local authorities and all public universities. In the first phase, 2001, the Government was guided by the prevailing market rates as provided by the Kenya National Bureau of Statistics. The Government divested from the policy of providing housing for its employees and implemented a market-based house allowance to all public servants with exception of the security services. The house allowance rates were graduated to approximate market rates for the respective regions. As a result, the regions were categorised as Nairobi, the major municipalities of Mombasa, Kisumu, Nakuru, Nyeri, Kakamega, Eldoret, Kisii, Thika, Kitale and Malindi, and the other small municipalities and all the other areas. The market rates indicated that an officer based in, for example, Lokitong, required a lower rate of house allowance as compared with one based in either Nairobi or one of the major municipalities. In order to ensure that public servants can still access reasonable housing accommodation, the Ministry requested the Kenya National Bureau of Statistics to conduct a new housing survey and provide statistics on the current housing rents for all the regions in the country. We expect the report to be given to us by the end of July, 2010. The findings of that survey will assist the Ministry in deciding what factors to consider in payment of house allowances for civil servants and will, therefore, be the basis of negotiations with the union on the basis of facts collected from the field. The Government commenced payment of commuter allowance for officers in Job “R”, “S” and “T” in July, 2006. Arising from negotiations between the union officials and the Government to extend payment of commuter allowances to employees in Job Groups “A” to “L”, the Ministry has as of now requested Treasury to make budgetary provisions of Kshs5.6 billion with effect from the next financial year. (c) The Government also developed a new transport policy in 2006. Upon implementation of the policy, the Government approved payment of commuter allowances to officers in Job Groups “R” and “T”. The allowance was in lieu of official

Madam Temporary Deputy Speaker, I wish to refer the Minister to the first item and this is on the basic wages or salaries. The salaries for civil servants particularly in Job Group L and below are very low. According to the Minister, between 2004 and 2009, despite having been asked for a 45 per cent increase, they have only managed 28 per cent increase. What plans does the Government have to ensure that the civil servants in Job Group L and below are considered for salary increment, taking into account the current inflation rate?

Madam Temporary Deputy Speaker, already, the Government is doing very well in the lower cadre compared to the private sector. It was at the higher level that the discrepancies between the Government pay and private sector was much wider. Nevertheless, we have already commenced payment for the lower categories in accordance with the harmonization scheme in force as of now.

Madam Temporary Deputy Speaker, it is a pity that civil servants, particularly junior civil servants have to suffer in the hands of the Government for failure to have representation. They are a very worried lot. What proactive step is the Minister taking to reassure civil servants that the worries they have will be adequately addressed by the Draft Constitution if passed?

Madam Temporary Deputy Speaker, I am a very fair employer. In fact, I am ahead of the union in reforms in this area.

Madam Temporary Deputy Speaker, now that the Minister is carrying out a housing survey to determine what the market provides in terms of housing rents, could he undertake to pay exactly or better than what is provided for in his survey so that civil servants do not subside what they get from the Government?

Madam Temporary Deputy Speaker, I look at the issue of remuneration as the entire package. In fact, at the policy level, I am thinking in terms of the very permanent allowances being consolidated with salaries so that I can easily compare between the public service and the private sector. It is just not a matter of meeting the rental requirements in town by town basis or employment category basis but a more comprehensive approach in ensuring that we are a competitive employer as a Government. In return, we will be demanding service delivery commensurate with the higher levels of pay.

Madam Temporary Deputy Speaker, when the Minister was answering part “a” of the Question, he said that the collective bargaining agreement has not been signed because of outstanding issues. He went on to give us some details. Unfortunately, he is not telling us when are the next meetings and what is the programme so that this can be concluded. This is because we would like to see the Civil Service

Madam Temporary Deputy Speaker, the issues are wide ranging and in each case, some research is necessary. The negotiations are actually ongoing on an issue by issue basis. We proceed when we have enough facts to make a decision. In all this, we are also looking at the overall reform process in remuneration. You may have also noticed that the new Commission will handle salaries and remuneration across the entire public service. As of now, civil servants are in one group, teachers in another, the military in another and other Government sectors. We will be able to bring all these together to enable us do a more comprehensive job. Some of these issues will be tackled at that time.

Madam Temporary Deputy Speaker, could the Minister confirm or deny that the Government has a bloated Civil Service and that is why they are not able to remunerate them well?

Madam Temporary Deputy Speaker, there may be excess staffing in some areas but generally, the staff levels are lower now than the establishment which we have approved. Nobody should feel threatened that they would be sacked, except for failing to perform.

Madam Temporary Deputy Speaker, I want to commend the Minister, first and foremost, as a former civil servant for improving the general performance of the civil servants, their attitudes and argument(?). Having said that, could the Minister tell us why it cannot take less than two months to come up with something workable so that all the civil servants, even if they earn something small, they have a time line so that they do not continue to move to the private sector? Some of them are performing very badly and---

Hon. Member, your point is made! Proceed, Mr. Minister!

Madam Temporary Deputy Speaker, there are several dimensions I have to take into account, one of which is productivity. The other one is the ability of the Treasury to pay. That is why we implement most of these reforms in phases. When it comes to actual payment, my job is done in terms of recommendation and the Treasury has to avail the funds to commence payments.

Last question, Mr. C. Kilonzo!

Madam Temporary Deputy Speaker, if you look at part “c” of the answer, you will realise that this is a Government by the rich for the rich. The Government developed a new transport policy in 2006. After developing the policy, they approved payment of commuter allowance for offices in Job Groups R to T. These are the big men in the Ministries. They are Permanent Secretaries and officers in that calibre. Down there, the Government never approved any payments for Job Groups A to L. This is what has been negotiated. These are the messengers, cleaners and the clerks. If the Government had the money to pay the senior staff, why has it ignored the lower calibre to the level that it has to go to the union?

Madam Temporary Deputy Speaker, I was well aware of that interpretation from the beginning. It is one thing I reversed as soon as I got to the Ministry. The higher levels were initially paid the allowance because they had the

On a point of order, Madam Temporary Deputy Speaker. As much as I appreciate the good work the Minister is doing, is he giving an undertaking that come July, this group will be eligible for commuter allowance or is he trying to say if funds are available?

Madam Temporary Deputy Speaker, I appeal to the hon. Member to help if the figure does not appear in the Budget. He should get the entire House to rise up and make sure it is inserted.

That is good! Let us move on to the Member for Kuresoi!

asked the Minister for Immigration and Registration of Persons:- (a) how many people have applied for and been issued with national identity cards in Kuresoi District from January, 2010 to date; and, (b) what measures he will adopt to speed up the registration of persons and issuance of national identity cards in the district.

Where is the Minister of State for Immigration and Registrations of Persons? Is there any Minister who is ready to undertake on this Question?

Madam Temporary Deputy Speaker, I give an undertaking: I will draw the attention of the Ministry.

We are going to defer this Question to Tuesday next week. So, Mr. Otieno can you forward that information to the Minister of State for Immigration and Registration of Persons? That is going to be on the Order Paper on Tuesday next week.

Madam Temporary Deputy Speaker, I stand to seek a Ministerial Statement from the Minister for Agriculture on the matter of national importance regarding maize which is alleged to be contaminated with aflatoxins. I would like the Minister to address the following issues:

I can see that Mr. Otieno is taking notes on that.

Madam Temporary Deputy Speaker, I will pass the information if you indicate the date by which the Statement would be made or at the discretion of the Minister.

On a point of order, Madam Temporary Deputy Speaker. Given the urgency of this matter and given that farmers are holding their maize, I would request that the answer is given as soon as possible so that Kenyan farmers can know which direction to take with their produce.

On a point of order, Madam Temporary Deputy Speaker. I wish to seek direction and ruling from your Chair concerning inconveniences of the House; inconveniences of the citizens of this country by State guests. If you have noticed, Parliament has been sealed off for the most part of the day, making it very hard for us to access Parliament and making it very hard for citizens to access their places of work. What I am asking the Chair to do is unusual but practicable!

Mr. C. Kilonzo, what are you talking about? Are you talking about something different from what has been raised?

Totally different, Madam Temporary Deputy Speaker.

Can we rule on that first? Mr. Otieno you are undertaking to pass the word to the Minister for Agriculture. I want to rule that it is as soon as possible, so Thursday.

Madam Temporary Deputy Speaker, I am here. I want to give an undertaking that we shall bring a very comprehensive Statement on Tuesday afternoon.

Okay, Tuesday, afternoon!

Madam Temporary Deputy Speaker, back to my issue. On many occasions when there are State guests, we find hon. Members---

Mr. C. Kilonzo, are you giving us a Statement or what? Mr. C. Kilonzo: Madam Temporary Deputy Speaker, I am asking for the Speaker’s Ruling. I am trying to build the case so that you can make a decision.

On what? Under Statements? This is a time when we are requesting for Ministerial Statements, so you are out of order!

Hon. Members, I want to make a statement on the following Orders: Order No.8, the Minister concerned has sent word that they are not prepared today, so we will defer it!

Madam Temporary Deputy Speaker, I beg to move that the Commissions of Inquiry (Amendment) Bill be now read a Second Time.

Currently, we have the Commissions of Inquiry Act, Cap.102 of the Laws of Kenya that was enacted and came into force on 12th June, 1962 and as preamble to that Act states, it is an Act of Parliament to provide for the appointment of commissioners to inquire into and report on matters of a public nature, referred to them by the President to prescribe their powers, privileges and duties and to provide for other matters relating thereto. Since 1962, Kenya has had successive sets of commissions of inquiry, some of the notable ones being the Kenya Maize Commission, the Commission on the Law of Marriage and Divorce, the Commission of Inquiry on the Law of Insurance, Judicial Commission to Inquire into the Allegations Involving Charles Mugane Njonjo, the Ouko

Thank you, Madam Temporary Deputy Speaker. I wish to second this Bill and congratulate my learned senior, hon. Olago, for bringing this proposed amendment to the Commissions of Inquiry Act, Cap.102.

Madam Temporary Deputy Speaker, indeed, the Commissions of Inquiry in this country have a history that it is time that, as a House, we need to now inquire into the inquiries held by these Commissions, and really assess whether public funds that have been applied in paying many people in many commissions to carry out what has, in certain cases, not been known by the public in terms of output and effectiveness in addressing the cause of why we had these commissions appointed in the first place.

Madam Temporary Deputy Speaker, indeed, our country has been like a pressure cooker where when the pressure builds up and the Government of the day wishes to release this pressure, the release valve for this pressure has always been commissions of inquiry. I do remember when the body of the late Dr. Ouko was found at Got Alila after he disappeared from his Koru home, the temperatures in this country went very high. What did we do? We formed the Ouko Commission of Inquiry in 1991. This Commission carried out its work but was disbanded under mysterious circumstances. The public never really got to know the outcome of this Commission. However, public funds had been expended during this Commission.

Madam Temporary Deputy Speaker, also, when we had one of the biggest rip-offs in the history of our country; during the Goldenberg affair, what did we do as a country when Kenyans demanded to know who were the fraudsters behind the Goldenberg Scandal? We did again form the Commision of Inquiry into the Goldenberg Affair. Madam Temporary Deputy Speaker, when we had problems again in 1991 and 1992, during the tribal clashes and Kenyans killed each other, we, again, formed a Commission of Inquiry known as the Akiwumi Commission of Inquiry into the Ethnic Violence. Recently, after the last general election, there was serious post-election violence and Kenyans killed one another again. That was when we formed the Commission of Inquiry on Post-election Violence, otherwise, known as the Waki Commission.

Thank you, Madam Temporary Deputy Speaker. I rise to support the Motion. Let me start by commending my learned senior, hon. Olago, for moving this most important amendment.

Madam Temporary Deputy Speaker, we are living in interesting times. We are living in times when one has to chose to be on the right side of history, as President Barack Obama would say. One way of demonstrating that is by being part of the great transformation that seeks to correct some gross historical injustices, imbalances and inequalities, some of which are manifest in the manner in which we have conducted critical public affairs over the period that we have been an independent State.

Mr. Temporary Deputy Speaker, Sir, commissions of inquiry have become one of those facets of public life that have lost essence, meaning and public confidence, because they have come to be taken as an arena for jokes, wastage of public funds and a waste of time. Walking down memory lane and looking at our history, we see a litany of commissions of inquiries that have had occasion to handle various public issues in this country, many of which Mr. Olago has so lucidly mentioned in moving this Motion; they include the Ouko Commission of Inquiry, the Akiwumi Commission that inquired into ethnic violence and clashes in this country, the Davy Koech Commission that inquired into issues to do with higher education, the Ndung’u Commission that looked into issues

Thank you very much, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to support this very important Motion.

Mr. Temporary Deputy Speaker, Sir, I begin by joining colleagues in congratulating the hon. Olago for thinking very seriously about this country and for bringing such a very critical amendment. This has come at a time when it has become crucial to scrutinize the reports of Commissions of Inquiry that the Government from time to time establishes in order to fire fight situations that essentially if the Government planned properly would not have required Commission of Inquiry to be established.

Mr. Temporary Deputy Speaker, Sir, this amendment will allow Parliament to play its rightful role. This House has risen to the occasion over time either to propose new laws or amend existing laws. I know the House will approve this Bill. But once it is approved, there is always the part the President plays. Most cases, it has been quite slow.

Thank you, Mr. Temporary Deputy Speaker, Sir. I rise to support this Bill because it is timely. I would like to congratulate the hon. Member who has moved it. It has been said by my colleague, Ambassador Affey that, commissions of inquiry have been constituted for various reasons. They are not formed for positive reasons but largely for political expediency. I recall in 1990 when Kenyans were gathering steam to shift ground to accommodate multi-party politics, a committee was constituted and was chaired by the then Vice-President hon. Saitoti. That Commission went round the country seeking views from Kenyans to usher in multi-party politics in order to conform to pluralism that was happening in the whole world. Though that was not a commission of inquiry by the Government - it was a small commission formed by the ruling party then. We had one party - it signifies the general formula that has been used whenever a commission of inquiry is formed. Also before then, reading through the HANSARD reports of this very august House--- I have gone through the deliberations regarding the assassination of J.M. Kariuki and the Elijah Mwangale Select Committee. The Committee’s work was comprehensive and it captivated the interests of the country. That Report, after consuming time, resources and the intellectual capacity of hon. Members - and even compelling the then Minister for Public Works Masinde Muliro to leave the Cabinet due to the contention of the Report - it was trashed. I remember reading through the HANSARD and the then Minister in charge of Defence and the Attorney-General saying that the Report should be noted but not adopted by the House. That means that there has been no respect by successive regimes for reports compiled by Select Committees and Commissions of Inquiry on matters of national importance, even if the matters are grave enough to threaten the stability of the country. We had a commission which investigated the activities of devil worshippers in this country. The Commission went round the country and ventilated even on forbidden grounds. The Report of that Commission has not been made public. We have been dealing with issues of public ethics. We presented in this House, in 2003, the Public Officer Ethics Act. Certain matters could have been dealt with if those commissions had their reports exposed, interrogated by the House and implemented by the Government through Cabinet approval. Therefore, it is important that this amendment be brought so that, in its own very wording, it brings accountability. “Transparency” and “accountability” are the key words which have been amplified time and again in the quest for better governance, improved governance, accountability, transparency and being in charge of a leadership that is accountable. The resources that can be accounted for in a system that is transparent. This amendment will stop what has been happening in the past. The appointments to those commissions of inquiry have largely depended on political patronage, who is connected to who, who is who in the political regime of the time. Sometimes, it has been a question of rewards for sycophants and surrogates. The reports have never been interrogated to ascertain their authenticity and relevance. There is a requirement that those reports must be brought to the Floor of this august House, which is the supreme law making body of this country. It will ensure that the work of those committees is diligent

Thank you, Mr. Temporary Deputy Speaker, Sir. I want to make very brief comments in support of this Motion. In this country, several commissions have been set up to look into various issues, for example, assassinations, mysterious murders, scandals and issues touching on corruption. A lot of money has been spent on these commissions. Kenyans have spent their time participating in these commissions with the hope that the reports and the recommendations of such commissions would solve problems for which they were made. Unfortunately, nothing has come out of these commissions. Most of them have given their reports secretly to the powers that appointed them. Some of these commissions have been appointed for political reasons, like a few of my colleagues have said. Some of them were appointed simply to reduce tension when some incidents had caused tension in the country. The Government wanted to get a way of getting out of such problems and so, commissions would be formed to help the Government ease out the tension. A time has come when Kenyans should be made to know the details of the reports and the recommendations of such commissions. We should no longer allow people who have spent Government money and taken Kenyans’ time in deliberations and investigations to take their report to State House without the wananchi knowing what is

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to support this very important Bill that has been introduced by hon. Olago. I am also thankful for the opportunity to contribute on the first day after the recess. This important Bill has come at the right time. I am happy to join my colleagues who have supported it. I want to support it with my body and soul. Truly, any commission of inquiry that is formed is because there is loss of lives, destruction of property and many other crimes that are committed. It is extremely difficult for our security enforcers and investigators like the National Security Intelligence Service (NSIS) to expose the truth. I want to cite the case of the late hon. Kiliku who has passed away without seeing or hearing the report of a commission of inquiry that he chaired in 1992. Mr. Temporary Deputy Speaker, Sir, Mr. Kiliku stood in this august House and stated in detail what happened. That report was given to the Head of State at that time. There is absolutely nothing that has been heard since then. Kenyans pay taxes, commissioners were paid, information was collected, a report was written but so far nothing has been exposed. Time has come for Kenyans not to be taken for granted. The amendment of this Bill is what will empower the common mwananchi to demand to be told the truth. The truth should come from the Government that is elected and paid by

Mr. Temporary Deputy Speaker, Sir, thank you for according me the opportunity to support this amendment. These are some of the injustices the previous governments have done to our people. That is hiding the report of these commissions.

Mr. Temporary Deputy Speaker, Sir, one very well known commission in my area is the one that is referred to as the Joseph Mwangovya Commission or the “one man commission”. This was only headed by one person and two secretaries. It was appointed by the previous government to come and look into the boundary disputes between the neighbouring districts of Busia, Mt. Elgon, Bungoma and Teso. Indeed, the Commissioner, Mr. Joseph Mwangovya came and was given facts by the people on the ground on how they wanted the issue to be resolved. However, after spending millions of shillings of the Kenyan taxpayers, a report was prepared and to-date, we have not heard or seen its copy. When I asked a Question in the Ninth Parliament whether the report could be tabled, the Government was very resistant. When the Minister in the Office of the President failed to answer, one of my colleagues, an hon. Member from the neighbouring constituency told me that whatever happens that report will not see the light of the day. This is because a lot of truth had been unearthed in that report and it would have solved the disputes between the neighbouring districts. Today, those disputes have not been resolved and things have been swept under the carpet. If the current Interim Independent Boundaries Review Commission (IIBRC) does not resolve the disputes, I am sure that they will recur.

In short, I just want to say that the Commissions of Inquiry (Amendment) Bill that has been brought by Mr. Olago is timely and has to be supported. The reports done by these commissions should be brought to this Parliament so that we, as the representatives of the people, deliberate on them and look at those recommendations accordingly.

Thank you, Mr. Temporary Deputy Speaker, Sir.

Mr. Temporary Deputy Speaker, Sir, I also rise to support this amendment and wish to thank the Mover, Mr. Olago. Basically, the power of the President to appoint the commissions, looking at the spirit of the Act, have been to give the State the opportunity to use specialized investigative team with a view to ascertaining the truth on the various matters that have been investigated. Unfortunately, as has been said by my colleagues who have spoken previously, these powers have been grossly abused. Public resources have been put to use only for the reports and the information that they were supposed to generate to be shelved. This leads to a lot of waste of public

Thank you, Mr. Temporary Deputy Speaker, Sir. I want to add my voice in supporting this very important amendment to the Commissions of Inquiry Bill which was introduced by hon. Olago Aluoch. We have had a lot of experiences and talks about commissions in this Republic. I must say here that it has been very sad that in all the commissions that were very vital for Kenya, no actions have been taken. It appeared to Kenyans that most of these commissions were set up actually to appease Kenyans at times when the people felt aggrieved because of issues like assassinations, for instance, the assassination of Tom Mboya and J.M. Kariuki. We have issues like that of the late Dr. Robert Ouko. These are very important issues in this country and Parliament is here to fight impunity at this time. We cannot fight impunity if commissions which are set up are not going to come up with solutions which will give Kenyans the right direction and action to take against the oppressors. That is why we are saying that for us to have these commissions, first, to perform the functions for which they are intended, we need to have the reports made public to Kenyans so that we know the causes of the problems under investigation. More importantly, we need to have refined the course of action that needs

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to contribute to this very timely amendment. I also thank the Mover of this Bill because it is a very timely and appropriate amendment that could address some of the historic concerns that have been noted in this nation. Mr. Temporary Deputy Speaker, Sir, you realise that public funds have been immensely used to carry out inquiry on certain events that have taken place in this nation. Disappearances of very famous personalities in this nation, brutal murders and even assassinations have occurred in this country and no concrete results have been found to allay fears of Kenyans. Notable among these is the disappearance of Kungu Karumba who had been a very popular and committed nationalist of this country, Gama Pinto who really participated in the liberation of this country. These are the areas that should have been addressed by the commissions of inquiry if, indeed, they were formed so that the perpetrators of these acts would have been taken to court and punished. In my view, appointments to these commissions in the past have not really given representation of the entire country. They have been formed primarily to satisfy certain political interests. In my view, when such commissions are formed, they should reflect the representation of the whole country. Also, the commissioners should also be appointed on basic qualifications. They should be people who are patriotic in handling affairs of this nation. It is in our minds that even those commissions like the Ouko, the Akiwumi and even the others like the Ndung’u’s gender consideration was not really given a thought. Although a lot of public funds have been used in these commissions, they have not been of any benefit to Kenyans. You recall the Njonjo Commission that really took a lot of our money, and again lengthy periods were taken. The end result of that Commission was forgiveness. Kenyans never benefited from that Commission. In my view, Kenyans must see the benefit of such commissions. The Ndung’u Commission is another one that really tried to address some of the land issues in the country. It highlighted the irregular and the illegal manner land is acquired and even the grabbers were cited; roads have been taken, church land has been taken, and even school land. Land belonging to universities has also not been spared either. Unfortunately, the recommendations in that Report have not been implemented. If they were implemented, they would really give this nation stability, peace and even harmony. I would, therefore, Mr. Temporary Deputy Speaker, Sir, highly recommend the amendment of this Bill, so that some of the historic concerns are addressed as per the desires of---

Order, hon. Members! I will put the question.

Order, hon. Members! Having concluded Business on the Order Paper, it is time to adjourn the House. The House stands adjourned until Wednesday, 9th June, 2010, at 9.00 a.m.

The House rose at 4.52 p.m.