Mr. Temporary Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, aware that the power to establish water service boards vests in the Minister for Water and Irrigation; concerned that the entire North Rift, inhabited by millions of people residing in urban centres such as Eldoret Municipality and semi-urban and rural areas, is currently served by a single water board; aware of the need to have an efficient and effective water service delivery and management all over the country; this House urges the Government to establish two water service boards in the North Rift in order to take services closer to the people. IMPLEMENTATION OF MILLENNIUM DEVELOPMENT GOALS

Mr. Temporary Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, recalling that ten years ago, world leaders agreed to take decisive action to combat world poverty in its different dimensions using time-bound and measurable targets; further recalling that Kenya is among the 189 countries that signed the Millennium Development Goals (MDGs) in September, 2000, and is committed to the purposes and principles of the charter of the United Nations; concerned that apart from education and possibly HIV/AIDS, Kenya has fallen behind in the race and has not made sufficient progress towards meeting the MDGs; concerned that at the current pace of development with limited resources, Kenya may not meet most of the goals by 2015; convinced that parliamentary engagement on the MDGs will accelerate progress to achieving the MDGs; this House urges the Government to take concrete measures towards achieving MDGs and report its implementation status and challenges if any, including

Mr. Temporary Deputy Speaker, Sir, I beg to ask the Minister of State for Provincial Administration and Internal Security the following Question by Private Notice. (a) Is the Minister aware of the current unprecedented increase in incidences of robberies, burglaries, housebreakings and other forms of attacks in Kogony Ward in Kisumu Municipality whereby properties have been lost and serious injuries caused to residents? (b) Is he also aware that on the night of 2nd November 2010, homes of Messrs Philip Amburo Ngadi, Joseph Sao Ombam, Odipo Samuel and Dennis Odawo Olilo were attacked, residents severely injured and property stolen and that the culprits have not been apprehended to date? (c) What urgent steps is the Ministry taking to establish a Police Patrol Base at a central point in Kogony Ward to facilitate detection and prevention of crime and overall police patrols in the ward since Kisumu Police Station is not able to reduce the incidences?

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) I am aware that on 3rd November, 2010 at about 1.00 a.m. within Kogony Ward, Riat Area of Kisumu Town West Municipality, about 10 kilometres from Kisumu Police Station, an unknown number of thugs armed with crude weapons attacked residents demanding money. The residents raised an alarm and confronted the thugs. During this incident, the following persons were injured: Philip Amburo Ngadi, Joseph Awodo Ofafa and Lucas Auma. The area in question has not experienced any form of crime or violence for the last six months except that incident. (b) I am aware that on 3rd November, 2010, Messrs. Philip Amburo Ngadi, Joseph Awodo Ofafa and Lucas Auma were injured when they confronted an unknown number of thugs who attacked the villages with intent to steal. During the incident, nothing was stolen but the above-mentioned residents were seriously injured and were admitted to the New Nyanza General Hospital. Other villagers who were slightly injured were treated and discharged. Following the incident, police launched investigations and a criminal case No.627/618/2010 was opened and investigations are on-going, with a view to arresting the culprits. (c) Following that incident, the following measures have been taken. (i) Patrols have been intensified. I have given a new motor vehicle registration number GK A430D which is deployed in the area for patrol purposes. (ii) A team of police officers under the command of a Chief Inspector has been deployed in the area as a temporary measure while a permanent solution is being sought. (iii) There are plans to upgrade Riat Patrol Base to a full police post to effectively police the area.

Mr. Temporary Deputy Speaker, Sir, the answer by the Assistant Minister should be satisfying and I accept that steps have been taken. However, he should know that this is the area whose residents gave up their land for the construction of the international airport. So, the people need to be protected. The Assistant Minister has said in the last answer that consultations are also at an advanced stage with the local administration to get a piece of land in order for him to establish the police post. I wish to confirm to him and the House that I am fully aware that land is available in Kogony Ward for construction of the police post. I will take the challenge up so that uni-huts can be taken there immediately.

Mr. Temporary Deputy Speaker,Sir, if, indeed, it is true that land is available, I urge the Questioner to come and see me in the office on Wednesday, next week in order for me to give him the uni-huts and then deploy personnel with immediate effect.

Mr. Temporary Deputy Speaker, Sir, I take up the challenge. On Wednesday, I will go to the Assistant Minister’s Office for the uni-huts. DEMONSTRATION AGAINST RESETTLEMENT OF IDPS IN MAU NAROK DIVISION

Mr. Temporary Deputy Speaker, Sir, I beg to ask the Minister of State for Provincial Administration and Internal Security the following Question by Private Notice. (a) Is the Minister aware that a group of more than 400 people demonstrated against plans to resettle Internally Displaced Persons (IDPs) on a piece of land acquired by the Government at Tipis Center in Mau-Narok Division of Njoro District on 6th November, 2010? (b) Is he also aware that the same group has planned to sabotage the ongoing survey process on the land earmarked for resettlement of the IDPs? (c) What steps has he taken to ensure the planners and financiers of the demonstration are arrested and charged, and that the resettlement plans are not interfered with?

Mr. Temporary Deputy Speaker, Sir, if you look at the Question, you will realise that it does not belong to my Ministry. The Question asks whether I am aware that more than 400 people demonstrated against plans to resettle---

Mr. Assistant Minister, are you answering the Question or what are you doing?

Mr. Temporary Deputy Speaker, Sir, we have written to the Clerk of the National Assembly to redirect the Question to the Ministry of State for Special Programmes.

Mr. Kiuna, what do you have to say to that?

Mr. Temporary Deputy Speaker, Sir, I do not see any reason why the Assistant Minister is refusing to answer this Question and yet it involves his Ministry. There are some people who have invaded private property which is supposed to be protected by his Ministry. So, he is the one who is supposed to answer this Question.

What the Assistant Minister is saying is that if you look at the Question in totality, you will realise that it falls more under the Minister of State for Special Programmes to whom he has written. Your Question will obviously be covered by that Minister. That includes the security aspect that needs to be attended to. Are you happy that the matter be referred to the other Ministry at a specific time?

Mr. Temporary Deputy Speaker, Sir, I am not satisfied. This Question falls under his Ministry because it is his Ministry which is supposed to provide security.

Mr. Temporary Deputy Speaker, Sir, let us just dwell on what the fellow wants. First, the Questioner talks about resettlement of the IDPs. Secondly, he asks whether I am aware that some people have planned to sabotage the on-going survey process on the land earmarked for the resettlement of the IDPs. This is a Question about the resettlement of the IDPs.

Order, Mr. Assistant Minister! Mr. Kiuna, I am satisfied that this is a matter that should be handled by the Ministry concerned. I will, therefore, defer this Question. Mr. Kiuna, what time will suit you next week?

On a point of order, Mr. Temporary Deputy Speaker, Sir. I would like the Assistant Minister to read part “c” of my Question and state whether it does not fall under his Ministry.

Order, Mr. Kiuna! I direct that the Assistant Minister consults with his colleague on who will answer this Question on Thursday at 2.30 p.m. so that part “c” of the Question that relates to possible arrests can be addressed. Mr. Kiuna, you will then pick up the matter from there. I defer the Question to Thursday, next week at 2.30 p.m.

Mr. Temporary Deputy Speaker, Sir, I beg to ask the Minister for Lands the following Question by Private Notice. (a) Under what circumstances was the unsurveyed parcel of land along Jogoo Road occupied by Maziwa Market Traders taken away from them? (b) Is the Minister aware that the said traders were allocated the parcel of land by the late President Jomo Kenyatta and they have been paying rates to the Nairobi City Council? (c) What action is the Minister taking to ensure that the said parcel of land reverts to the traders who have been operating from the land for over 32 years?

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

Mr. Temporary Deputy Speaker, Sir, I want to thank the Minister for doing justice to the small traders of Jogoo Road. There are over 3,000 traders in that market who were forcefully ejected and teargased. I want to thank the Minister for the action he has taken. However, I would like the Minister to give an undertaking to this House as to when the 3,000 traders will go to his office to collect the grant.

Mr. Temporary Deputy Speaker, Sir, first, the hon. Member has got to make me aware that they want the plot. You may just want to squat there but you need to convince me that you want to be on the land and do something with it. Once I am convinced that there are adequate and appropriate plans for the use of that land, then, I will do the needful. But I also want to say that in view of what he had said about evictions, we are trying to develop some guidelines for evictions in terms of the new Constitution. It is not enough that somebody gets an order from court and mobilizes policemen who then go and shoot people and burn houses for purposes of eviction. If you have let people squat or settle in your land for ten years without removing them, part of the problem is on your part because you have not been using that land. So, even if you have got a court order, you must make sure that, that process of eviction is done in a humane and dignified manner in terms of the Constitution of Kenya.

Mr. Temporary Deputy Speaker, Sir, when we used to be at the University of Nairobi, we remember with nostalgia how we used to go to this market and buy a plate of boiled chicken heads at 30 cents. So, we know for a fact that these traders own this place. They have been there for all these years. My question to the Minister, who is a prominent lawyer in this country is: Since you know that we have the law of adverse possession of land, can you confirm to this House that when hon. Mbugua comes with the list of these traders, you will automatically apply the law of adverse possession and issue them with the documents so that they possess the land?

Mr. Temporary Deputy Speaker, Sir, you have to usurp that right. You must convince me that you have been there for more than 12 years and, probably, you need a court order to vest you with those rights. But as Minister for Lands, I will always operate on the basis of recognizing the rights of people who are already on the land and are using it. Unfortunately or fortunately for the hon. Member, he used to go there to buy chicken heads, but two weeks ago, I was there and bought a very nice piece of chicken. I am sure, hon. Khalwale being who he is, would have enjoyed that meal with me.

Mr. Temporary Deputy Speaker, Sir, the hon. Minister has said that they are in the process of developing modalities of stopping those who get court orders and evict people who are squatting on land which has not been developed by whoever owns the title deed. Until such time that those modalities are in place, what can the wananchi do in the meantime when they are faced with a situation where somebody has come with a court order and the Administration Police or regular police and they are torching houses and harassing them?

Mr. Temporary Deputy Speaker, Sir, if you read the Constitution, it requires everybody to act in accordance with the Constitution. Every organ of State and individual is supposed to respect the Constitution. I am saying without fear of contradiction that if you have to carry out an eviction and have a court order, which means it is a lawful eviction, you must do it in accordance with the law and Constitution. The moment you start beating up people and burning houses, then you must know that you are doing something wrong. Even if you are a police officer, you stand the danger of being sued in terms of enforcement of the rights under the Constitution. I think this is a very difficult rule to apply but we have elected to live by the new Constitution. Even hon. Ojode knows that they are working on new legislation that will ensure that we have police reforms, so that when they have to do anything involving people’s rights they should do it in accordance with the Constitution. So, rest assured that in liaison with the appropriate Ministry, I will make sure that the guidelines we are developing are used by all organs of state and individuals who want to carry out forceful evictions. This is because we have been doing it in a way that shows anarchy rather than obedience and compliance with the rule of law.

Mr. Temporary Deputy Speaker, Sir, could the Minister explain what measures his Ministry is taking to protect other traders from other market areas facing similar problems?

Mr. Temporary Deputy Speaker, Sir, with Questions, I can only deal with specific issues. If you bring it to me and looking at the nature, I will be able to respond. The other side of the coin must also be taken into consideration. There are some people who have taken the licence to move on any land without any rights and then expect that they cannot be evicted from those pieces of land. But if you have any specific Question regarding any Kenyan or group of Kenyans in any part of the Republic, if you bring it to my attention, then I will do the needful.

Mr. Temporary Deputy Speaker, Sir, if you allowed me, I would hug Mr. Orengo and congratulate him for the work that he is doing for this country. Indeed, this is a working Minister unlike others. However, the Minister did not give a firm undertaking as to when I am going to take a piece of chicken to him and take the title.

Mr. Temporary Deputy Speaker, Sir, I am very much aware of the Powers and Privileges Act, Chapter 6 of the Law of Kenya. If at all I submit to your inducement, I may end up before that Committee. I may be summoned and grilled. However, if you are in the habit of going to this market to buy chicken to eat like I am, possibilities are that we may meet there as customers. I encourage hon. Khalwale to come along because now he can afford a full chicken instead of kichwacha kuku.

Next is Member for Likoni, Mwalimu Mwahima. ENCROACHING OF MTONGWE LAND BY NYS

to ask the Minister for Youth Affairs and Sports:- (a) Is the Minister aware that the National Youth Service (NYS) has illegally encroached on and fenced off land belonging to 250 families in Mtongwe in Likoni? (b) Is he also aware that the community has lived in that area for 200 years and that the National Youth Service has only been here for 40 years? (c) What steps will he take to ensure that the National Youth Service does not encroach the community land? Could the Minister assure the House that the fence will be moved to the previous boundary?

Where is he? I will come back to that Question later.

asked the Deputy Prime Minister and Minister for Local Government:- (a) under what circumstances the City Council offices in Harambee Ward of Makadara Constituency were demolished and the offices transferred to Jericho; (b) to state why the land meant for the said council offices is currently occupied by a private developer; and, (c) what action the Ministry is taking to ensure the land reverts back to the public.

Mr. Deputy Prime Minister, will you answer the Question?

Mr. Temporary Deputy Speaker, Sir, I am sorry I took time to come forward. I was consulting with my colleagues and did not hear you when you called me. Let me take this opportunity, first and foremost, to apologize to my colleagues because I should have answered this Question previously. However, I was not available when the hon. Member asked the Question. I hope that the apology is accepted. I beg to reply. (a) The land formerly housing the City Council offices in Harambee Ward, Makadara Constituency, was re-planned by the City Council Planner through a part development plan titled “Proposed Amendment Commercial and Residential Plots Harambee Estate off Rabai Road” which was generated in 1997 and approved by the Commissioner of Lands on 12th April. After the replanning, the plots were then allocated to private developers. (b) With regard to Part (b), I will lay the plan in question on the Table.

Mr. Temporary Deputy Speaker, Sir, I appreciate the positive answer by the Deputy Prime Minister and Minister for Local Government. However, could he explain to this House what measures his Ministry is taking to ensure that people from the areas which are affected like Buru Buru and Harambee do not continue to suffer as they continue to seek council services?

Mr. Temporary Deputy Speaker, Sir, the first thing we have done is to give direction to the City Council of Nairobi to repossess the offices. Through that repossession, they will make sure that they evict the persons who are occupying the offices illegally so that they can revert back to the City Council and, therefore, serve the people of that area.

On a point of order, Mr. Temporary Deputy Speaker, Sir. You have heard the answer given by the Deputy Prime Minister and Minister for Local Government. He has said that the land was illegally given out. Is he in order to say that he was given the letter without stating the action that was taken against the officers who gave out public land to private developers?

Mr. Temporary Deputy Speaker, Sir, there will be a consequence for that. The question at hand is what we are doing to repossess the land. That is what I was responding to and naturally, the officers who were behind the illegal allocation will be dealt with in accordance with the law.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Could the Deputy Prime Minister and Minister for Local Government be very clear when he says that the officers will be dealt with?

Are you rising on a supplementary question or on a point of order?

I am rising on a point of order.

What is your point of order?

My point of order is that the Deputy Prime Minister was not very clear as to what action he will take.

(Mr. Imanyara: Order! That is not a point of order! That is a supplementary question but I will allow you.

Mr. Temporary Deputy Speaker I would like to know from the Deputy Prime Minister and Minister for Local Government what action he will take against the officers involved. Are those officers going to be recycled and sent to Kisumu or other places to continue with the same games?

Mr. Temporary Deputy Speaker, Sir, the action is very clear. Under the Local Government Act, the regulations provide for a surcharge or a dismissal and, indeed, depending on the nature of involvement of the individual; even charges can be preferred against them. However, that has to go through the process of proper scrutiny to establish the role of each individual who was involved in the scam.

Mr. Temporary Speaker, Sir, could the Deputy Prime Minister give an undertaking that such an incident will not occur again, not only in Makadara Constituency, but in the entire Nairobi County?

Mr. Temporary Deputy Speaker, Sir, I just want to state, for the general information of the House that, indeed, we have issued a circular to all local authorities. I have repeated this publicly, that we should not at any one time be involved in the transfer or alienation of any local authorities’ properties without following the proper procedure of having the approval of the Commissioner of Lands. So, we are very clear that this will not happen again and a circular is already out to all local authorities.

Is Dr. Kones not in? I will give him a second chance later.

asked the Minister for Agriculture:- (a) whether the Kenya Sugar Board (KSB) supports sugar-cane farmers in cane development in this country; (b) whether she could provide a list showing the amounts of money expended by KSB towards cane development, indicating the amount allocated to each Sugar-cane growing zone per annum since 2005; and, (c) whether she could also provide a list showing the amount of sugar produced by each zone since 2005.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) The Kenya Sugar Board (KSB) has supported and continues to support the sugarcane farmers in cane development in the country through the disbursement of the Sugar Development Fund amounting to Kshs5,049,946,231.75 since 1992. (b) I hereby table the list of expenditure by the KSB towards cane development indicating the amount in Kenya shillings and the sugarcane zone per annum since 2005. (c) I hereby also table the list showing the amount of sugarcane produced in metric tonnes by each zone since 2005.

Mr. Temporary Deputy Speaker, Sir, according to the statistics of production, the combined production between the factories of Nzoia, West Kenya and Mumias account for over 80 per cent of all the sugar that is produced in Kenya. The same factories receive less than 40 per cent of the money from the KSB to enable

Mr. Temporary Deputy Speaker, Sir, those factories apply for the money and they are given. We do not just give those factories money before they have applied for it. There are some years when some of those companies the hon. Member has talked about, did not apply for the money. I would ask the hon. Member to tell them to apply for the money because the KSB has money to loan.

Mr. Temporary Deputy Speaker, Sir, you have heard the answer that the Assistant Minister has given in response to Dr. Khalwale’s Question. The Question is very clear as to whether the KSB supports the sugar cane farmers in this country. However, from his answer, he did not indicate how farmers receive the money. He has talked about disbursing the money to the Sugar Development Fund, but has not indicated how this money eventually gets to the farmer. It is in the HANSARD that I asked a Question in this House demanding for Kshs500 million that was supposed to be loaned to farmers. To date, the money has not reached the farmers.

Mr. Temporary Deputy Speaker, Sir, once a factory applies for a loan from the KSB, it is supposed to on lend the money to the sugar farmers. That is what really happens. The factories have to apply for the money. The KSB cannot just give the money. The money is there and the factories should apply.

On a point of order, Mr. Temporary Deputy Speaker, Sir. The money for sugar cane development is supposed to come directly from the KSB to the farmers. The Assistant Minister is talking about the factory lending money to the farmers. Is he in order to mislead this House?

Mr. Temporary Deputy Speaker, Sir, I am not misleading the House. It is the factories that are supposed to apply for the money from the KSB. Once the money is advanced to the factories, they are supposed to on-lend it to the farmers. That is exactly what happens.

Mr. Temporary Deputy Speaker, Sir, part “a” of the Question is very clear as to whether the KSB supports sugarcane farmers in cane development in this country. Does the Board have any policies to support the farmers? The farmers do not have to apply for the money if the Board has policies to support farmers in cane development. Why would the Assistant Minister insist that the factories have to apply for the loans?

Mr. Temporary Deputy Speaker, Sir, the growers meet and look at their demands and authorize the factory to apply for the money. Then the KSB advances the money to the factories for on-lending to the cane farmers.

On a point of order, Mr. Temporary Deputy Speaker, Sir. We should not allow the Assistant Minister to get away with this. The modus operandi is such that when the funds with the KSB are supposed to be released, they are taken directly to the miller. They are not taken to the farmer. Therefore, for him to come here and say that the money goes to the farmers is misleading the House. Why is he misleading the House?

Mr. Temporary Deputy Speaker, Sir, I am not misleading the House. I am only telling the House the procedure of getting the money from the KSB.

Mr. Temporary Deputy Speaker, Sir, I will follow him up on that, so that I can show him how our farmers are short-changed. Because the money is

Mr. Temporary Deputy Speaker, Sir, I am hearing this for the first time. I would like to go back to the Ministry and check whether it is true there is such a negotiation. If there is, I will bring the answer to the House.

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

But he is telling you that he has just learnt of that, and he wants to go back to the Ministry to establish whether, in fact, that is the situation and come back to this House. What is wrong with that?

On a point of order, Mr. Temporary Deputy Speaker, Sir. Because this is a very practical and very serious point, kindly allow the Question to be deferred.

That is precisely what the Assistant Minister is suggesting. That you give him time to go back to the Ministry to establish the facts as you allege and he will come back to this House.

Thank you so much, Mr. Temporary Deputy Speaker, Sir. I will also come with other authentic documents to give him just in case he is misled by the senior officers.

Mr. Assistant Minister, how much time do you require?

Mr. Temporary Deputy Speaker, Sir, I would just like to confirm that I will only come back to the House on that element between the Ministry and Equity Bank. This is not the first time the Ministry has done something like this. We have done it before. I do not see where the problem is coming from.

When do you want to come back with the answer?

Mr. Temporary Deputy Speaker, Sir, next week.

Thursday, next week?

Thursday, next week, Mr. Temporary Deputy Speaker, Sir. The Temporary Deputy Speaker (Mr. Imanyara): Dr. Khalwale, is Thursday, next week, okay with you?

Most obliged, Mr. Temporary Deputy Speaker, Sir.

That Question is deferred for the limited purpose of the Ministry establishing the facts as alleged by Dr. Khalwale.

asked the Minister of State for Provincial Administration and Internal Security:- (a) whether he is aware that the security situation in the Northern Grazing Area (NGA) of Igembe and Tigania has not normalised despite the disarmament effort owing to frequent cattle rustling in the area; b) how many animals have been recovered to date following the handing of a memorandum to the Minister by herders from Igembe North in 2010, and where their stolen livestock have been traced to; and, (c) when the government will establish an Anti-Stock Theft Unit (ASTU) base at Bulu, considering that the entry and exit points of cattle rustlers have been in Bulu area of the NGA.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) I am not aware that the security situation in the Northern Grazing Area (NGA) of Igembe and Tigania has not normalised owing to frequent cattle rustling in the area. However, I am aware of isolated cases of highway banditry, targeting vehicles travelling between Garbatula and Isiolo North, carrying passengers and livestock. This menace was started recently---

Assistant Minister, the Question is not about Garbatula. It is about Igembe North and Tigania.

Mr. Temporary Deputy Speaker, Sir, that is why I am saying that I am aware of some banditry activities within the main highway. So, the menace, which started recently, is being dealt with. (b) Details of recovered animals to date are as follows:-

Mr. Temporary Deputy Speaker, Sir, whereas I thank the Assistant Minister for attempting to answer this Question, the issue of cattle rustling in Igembe and Tigania has been rampant for the last two years. This Question was

Mr. Temporary Deputy Speaker, Sir, the figures I have given are of those animals which have so far been stolen and those which we have recovered. I did indicate to the Questioner that he should come, so that we can agree on which ones are still missing in order for my officers to fast-track the recovery process. I am also ready to help in fast-tracking the issue of recovery. We agreed that he should come to my office, so that we can increase the personnel in order for us to fast-track the recovery bid.

Mr. Temporary Deputy Speaker, Sir, this Assistant Minister must exercise due care when he makes public statements. In answering this Question, he said that the Isiolo-Garbatula highway is effectively patrolled. In the same area, on Monday, 15th November, 2010, four constituents of mine were ambushed by bandits. One was killed; another one was injured, and is in hospital. The others managed to escape. In that incident, five donkeys were taken away. This is the same area where we have the GSU Camp he has talked about. In the last four months, I have had more than three deaths, all of which have been reported to the police. Along Isiolo-Archers Post-Marsabit Road, similar incidents have happened. So, the issue has not been addressed in the whole zone. Can he explain what he means by “effective patrol” and “coverage by security forces”? Is it just lumping together of all sorts of security forces there?

Mr. Temporary Deputy Speaker, Sir, the reason as to why we are having patrols along that road is because of the banditry menace. If we withdraw the patrol vehicle, that road will not be passable. They should thank me for deploying a number of police officers to patrol that area. If there is any need to increase the officers, I will do exactly that. Do you know why we have a 24-hour patrol on that road? It is because of the problems people there are facing. I have promised that we will increase security officers within that area. I also want him to know that as we speak, there is a disarmament exercise going on. So, the presence of the police officers on the ground is being felt.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is the Assistant Minister in order to threaten that he can withdraw the police from that area?

Order, Mr. Bahari! I was listening to the Assistant Minister very carefully. He simply said that you should thank him for giving you the patrol. Last question, Mr. M’Mithiaru!

Mr. Temporary Deputy Speaker, Sir, the Assistant Minister mentioned that besides the cattle rustling that is rampant in our area, there is also a recent emergence of – I would not call it “highway” because there is no highway there but just roads – highway robbers between Mutuati-Kachuru and Isiolo-Garbatula Roads. He has said that there is police patrol. About two weeks ago, a Land Rover vehicle was attacked between Mutuati and Kachuru, and somebody was killed. It took a day for the police to respond. One of the reasons given was that there was no transport in our police stations. When is he going to provide the police with the

Mr. Temporary Deputy Speaker, Sir, as at now, the police patrol in that area is effective. If there is any need of increasing the number of patrol vehicles, I will do exactly that. As at now, I am happy with the work the police officers are doing in that particular area. The reason as to why we are patrolling that area on a 24-hour basis is because we have banditry menace in that particular area. So, if there is any addition that is required, I am ready to give it.

Very well! Next Question, Mr. Yusuf Chanzu!

asked the Minister for Education:- (a) to explain why there have been delays in the release of the Economic Stimulus Funds to some schools in the country; and, (b) to explain the delay in the release of the funds, particularly to Madangi Primary School of Vihiga Constituency.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) I have confirmed that all the Economic Stimulus Programme (ESP) funds were electronically disbursed to schools upon receipt from the Treasury in three tranches in April, May and June, 2010. However, I acknowledge that the disbursement of ESP funds to some schools delayed due to submission of wrong bank account numbers. (b) Records in my Ministry indicate that Mazugi and Chambithi Primary Schools, and not Madangi Primary School of Vihiga Constituency, are beneficiaries of ESP funds. The delay in the release of ESP funds to Mazugi Primary School was due to submission of wrong bank account, A/C111396185, which was corrected after the District Education Officer (DEO), Vihiga, submitted the correct bank account, A/C1113936185. The hon. Member would have noted there was one digit – digit three – which was missing in the middle in the initial account number that was submitted to the Ministry. The Ministry is currently processing the disbursement of the funds to all the affected schools, including Mazugi Primary School. Thank you, Mr. Temporary Deputy Speaker, Sir.

Mr. Temporary Deputy Speaker, Sir, I want to thank the Minister, but with a bit of reservations because up to now, the money has not been received. Mr. Temporary Deputy Speaker, Sir, this is not the first time we are raising issues on delay of disbursement of funds. About two months ago, I raised the issue of delay of disbursement of funds for Free Primary Education (FPE) and Free Secondary Education (FSE). I have spoken to three officers in the Ministry, Mr. Mwaura, Mr. Kanani and even the PS’s office does not know who is dealing with this matter.

The Minister is here and you can ask him.

Mr. Temporary Deputy Speaker, Sir, I would like the Minister to confirm whether he is sure that this money has gone to the bank and when it went to the bank because that information is not there.

Mr. Temporary Deputy Speaker, Sir, hon. Chanzu wrote to me on 13th October, 2010, requesting to know the fate of the constituency fund, particularly Mazugi Primary School. You realise in the Order Paper, it is not talking of Mazugi, but Madangi Primary School, which does not exist. Secondly, I have in my possession, the schools that were recommended from Vihiga Constituency for support from the headquarters. Again, if the hon. Member wishes, I can table that document. With regard to Western Vihiga, Mazugi Primary School, the bank account number was given and the branch was created as Mbale. The account is No.111396185. You will notice that this is information that was given by the headteacher through the Education Officer to Nairobi. Therefore, the delay has not been occasioned by inactivity in my Ministry, but it originated by, first of all, filing the wrong numbers from that level. Having said that, I have also gone a step further and discovered that out of the entire list that we were given, the Kenya Commercial Bank (KCB), particularly changed their account numbers from 14 digits to ten digits. Therefore, one of the problems was to do with the bank itself because they changed their procedures. Our Accounts Department has been able to streamline that and now there are only four secondary schools that have not received their money. I can assure the hon. Member that the mistake has been rectified. We do not just send money without getting a written reply from the ground that this is the actual account for accounting purposes. I want to assure him that, indeed, I have received from the District Education Officer a letter dated 3rd of November, 2010, confirming that, that is the true account for those schools, so that somebody is held accountable for any loss of any funds. The money will be there.

When will the money be there? That was the question.

Mr. Temporary Deputy Speaker, Sir, once we detect this kind of thing, the procedure is that this account is verified. It has been verified by the officer in charge. In the case of primary schools, it is the officers in the basic directorate who are in charge of processing these accounts. In the case of secondary schools, it is the Director of Secondary Schools and his officers. This has already been done. The Accounts Department has also verified. We will match this with the bank, the CBK and the Treasury, so that we synchronize these lists. I think by next week, these funds should be there.

Member for North Horr Constituency.

Mr. Temporary Deputy Speaker, Sir, I represent North Horr, the largest constituency in the Republic of Kenya in this House. Under the Economic Stimulus Package (ESP), the Ministry of Education was to put up centres of excellence in all the 210 constituencies in Kenya. Most of these schools are now almost complete. I want to know the plans the Ministry has to ensure that these new schools are facilitated to enrol form one students next year.

Mr. Temporary Deputy Speaker, Sir, first of all, I am aware that one of the areas where the ESP has worked extremely well is in Western Province. They have achieved 95 per cent target in building these schools. I want to congratulate you for reaching that level.

Mr. Temporary Deputy Speaker, Sir, I want to thank the Minister. But for record purposes, it is Mazugi Primary School. I think it was a typing error from the Clerk’s Office. I would like him to do slightly more than this because I have just talked to the DEO and there was no indication of the funds being released. I would like him to assure the House that he will make sure---

Order, Mr. Chanzu! The Minister has assured you that the money will be there in a week’s time. What other assurance do you need?

Mr. Temporary Deputy Speaker, Sir, these are the stories we get all the time. I have been following these things for the last three months.

Order! Order! If a weeks passes without the money, then you know what to do. However, you cannot seek for further assurances other than what he has given you. Next Question!

asked the Minister for Labour:- (a) whether he is aware that Chinese Contractors are paying Kenyan workers poor wages which are below the recommended daily rates; and, (b) what steps he is taking to ensure all Kenyan labourers employed by Chinese Contractors and other foreign contractors are paid recommended wages, treated with dignity and ensured access to all their rights as provided in the new constitution.

Mr. Temporary Deputy Speaker, Sir, even though I have not received a written answer, I am comfortable to proceed.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) I am aware that many Kenyans have been employed by Chinese contractors in various parts of the country. However, there have been no cases of payment of poor wages because the existing legislation that guides payment of wages and terms and conditions of employment is applied. Mr. Temporary Deputy Speaker, Sir, workers’ wages are paid according to the Legal Notice No.98 of 1st May, 2010 for the regulation of wages (general amendment order, 2010) that stipulates the following minimum rates. In all cities, workers are supposed to be paid Kshs324.40 per day. In all municipalities, they are supposed to be paid Kshs298.15 per day. In all other areas, they are supposed to be paid Kshs182.35 per day. Further, Legal Notice No.94 which is the regulation of wages in the building and construction industry order, 2008, stipulates the following minimum rates.

Mr. Temporary Deputy Speaker, Sir, I wish to thank the Assistant Minister for the answer but you will realise that he has not tabled any payroll from any of the Chinese contractors. So, his claims that they are not under- paying our people cannot be verified. I hope that he will take steps to rectify that. It is known all over Africa, for example, in Kenya, Zambia and Mozambique that where Chinese presence is most felt, they have been accused of many things which include routine violation of labour laws, occasional exhibition of extreme cruelty to the local workers and locals in general and their tendency to import virtually everything from China even those things that can be sourced locally. The Assistant Minister is also aware that the Chinese have made very little attempt to transfer their skills and we saw this recently when we did repairs at Kasarani. It has almost been impossible to repair that stadium for over 20 years. The question that is being asked in many countries in Africa is whether China is a blessing or a curse to Africa.

What is your question?

Mr. Temporary Deputy Speaker, Sir, I was just building up the question. Most of the works being undertaken by the Chinese contractors are heavily mechanized and we know that the biggest problem in this country is youth and unemployment. What steps has the Ministry taken in liaison with the relevant Ministries where the Chinese contractors are most engaged like roads and public works to ensure an optimal balance between man and machine so that we can have most of our unemployed youths engaged on these projects?

Mr. Temporary Deputy Speaker, Sir, the hon. Member based this question on the plight of the employees but now he is talking about the creation of employment. These people are investors and they want to maximize on profits. So far, we do not have a policy where we can compel an investor who has come to make money to create employment opportunities for the deserving people. We have not yet reached that stage.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is the Assistant Minister in order to suggest that it is not the business of his Ministry to look for ways to create employment for our people while, to me, that is the key mandate of the Ministry?

Mr. Temporary Deputy Speaker, Sir, I do not think it is our key mandate to create employment. Basically, our duty is to look at the plight of the workers in their work places and the employers wherever they are. Ours is to create good labour working relationships in the country. We do not create employment. This is created in various sectors.

Mr. Temporary Deputy Speaker, Sir, I am aware of Kenyan labourers working with Chinese contractors along the Isiolo-Merile Road. There are

Mr. Temporary Deputy Speaker, Sir, the Work Injury Benefits Act and the previous Workman’s Compensation Act give us clear guidelines on how you can claim for compensation in case you are injured at the work place. The first thing in case of injury is to report the accident to the labour officer, fill the forms and the Government will take up the matter in order to be compensated adequately.

Eng. Gumbo, ask the final question!

Thanks, once again, Mr. Temporary Deputy Speaker, Sir. It has been reported many times that in most of the Chinese firms, African and Chinese workers doing similar work are not paid the same wages. Most African labourers in Chinese firms are generally paid lower wages than their Chinese counterparts for similar work. It is also known that many Africans working in the Chinese firms are treated as casuals and are not documented. What steps has the Assistant Minister taken to ensure that Chinese contractors document their Kenyan workers so that they are not merely treated as casuals who have no entitlement to corporate benefits like insurance, allowances and paid vacations?

Mr. Temporary Deputy Speaker, Sir, first of all, our Constitution outlaws discrimination. Our labour laws also outlaw discrimination. So, if there is any firm that pays Africans different wages from the Chinese, then the hon. Member is at liberty to report that organization to us so that we deal with it accordingly. We are currently undertaking a comprehensive labour inspection on the Chinese firms, which the hon. Member has brought up. I thank the hon. Member for doing this. There are about 20 Chinese firms in Kenya. We are undertaking a comprehensive inspection to find out whether there are any irregularities or they have gone against the labour laws so that we can take appropriate action in order for our workers to enjoy the fruits of their hard work.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is it in order for the Assistant Minister to conclude his answer without telling us the position and the situation of our dogs in the areas where the Chinese contractors work?

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

asked the Minister for Co-operative Development and Marketing whether he could explain why Kenya Co-operative Creameries (KCC) retrenchees have not been paid their dues even after a court order on the same was issued.

Mr. Kioni, what do you have to say about that?

Mr. Temporary Deputy Speaker, Sir, we had consulted and I consent to that request.

I defer the Question until 30th November, 2010.

asked the Minister for Medical Services:- (a) to inform the House the plans the Government has put in place to ensure that there is a comprehensive national campaign on the dangers posed by substandard medication which has resulted in growing resistance to drugs in the Kenyan market; (b) to clarify to the House whether the Government has adequate testing machines and specialists to the curb sale of counterfeit drugs in the country; and, (c) whether he could inform the House the extent to which the Pharmacy and Poisons Board has worked to arrest this situation and whether the Government could consider decentralizing the services of the Board so that Kenyans in rural areas are also protected.

Mr. Temporary Deputy Speaker, Sir, I want to thank the Minister for the answer he has given to this House. However, could he tell this House what measures are in place to regulate herbal medicine since rogue herbalists are passing concoctions of conventional medicine for herbal remedies?

Mr. Temporary Deputy Speaker, Sir, together with the measures that the Pharmacy and Poisons Board has taken, it is now a requirement that herbal medicines be inspected by the Pharmacy and Poisons Board. We are encouraging herbal medicine men and women to seek the legal support of the Pharmacy and Poisons Board not to fall into the tragedy of sometime dispensing herbal medicines which are harmful to the population. At the international level, Kenya associates itself with prevention and control efforts and has been carrying out joint operations with other countries against counterfeit medicine, including herbal medicine. So far, we have carried out two joint operations under the WHO impact project with the support of Interpol Operation Mamba II that was carried out in 2009 and Operation Mamba III that was concluded in August, 2010. This is also in collaboration with our neighbours where herbal medicine is practiced and we are seeking an East African-wide convention for the use, control in terms of quality and use of herbal medicine.

Mr. Temporary Deputy Speaker, Sir, I also want to thank the Minister for such a candid and satisfactory answer. In view of the fact that now we are operating in the East African Common Market, the precautions which they have made at the port of entry into Kenya, could he confirm to the House that they also have a tool which they use to ensure that generics and counterfeits do not enter through other ports of control outside the Kenyan borders but still within the East African Community? Because of the Protocol on Trade that allows for free movement of goods, how do we ensure that as the goods move freely, they are moving within the framework that he just explained to the House?

Thank you very much, Dr. Khalwale. First, in the East African Convention, we must all agree on what counterfeit medicine is and what the generics are. I think in the East African region, we have agreed on what standards

Hon. Members, we have very many Ministerial Statements; I cannot exceed 4.00 p.m., on Questions. So, Ms. Chepchumba, ask the last question.

Mr. Temporary Deputy Speaker, Sir, I am satisfied with the answer given by the Minister and I want to thank him.

Thank you. Next Question by the Member for Baringo Central!

asked the Minister for Energy: (a) why electricity supply works for Kibagenge Primary School of Marigat District and its environs stalled; and, (b) when the works will be completed.

Mr. Temporary Deputy Speaker, Sir, I beg to reply- (a) Electricity to Kibagenge Primary School of Marigat District has stalled because of the delay in granting the way-leave for the project by the Kenya Forest Service. (b) The issue of way-leave is being addressed by both the Rural Electrification Authority (REA) and the Kenya Forest Service. It is expected the project will be completed by 31st January, 2011.

Mr. Temporary Deputy Speaker, Sir, I wish to thank the Assistant Minister for the short and brief answer. However, I wish to ask him whether the REA have adequate staff to prosecute the question of way-leaves in this country.

Mr. Temporary Deputy Speaker, Sir, this particular project is passing through the Mau Forest and that is why we are dealing with the Forest Service. But we had no problems acquiring the Way leave.

Last question, Mr. Mwaita!

Thank you, Mr. Temporary Deputy Speaker, Sir. Maybe, you need to clarify; it does not pass through the Mau Forest. It is actually passing through Marmanet Forest. However, he has given the deadline of 31st January, 2011. I hope by that time, Mr. Assistant Minister, electricity will have been supplied to Kibagenge Primary School. I have no further question.

I hope also so, Sir.

asked the Minister for Lands:- (a) to state the land lease period remaining for the foreign- owned tea estates (i.e. Unilever Tea (K) Ltd., George Williamson and James Finlays (K) Ltd). in Kericho; (b) what measures he is putting in place to ensure that the local community benefits from the properties on expiry of the leasehold periods; and, (c) what measures he has taken to ensure that the people living in Chepchapas Village, who originally lived in the area owned by James Finlay Ltd., will benefit from the intended disposal of Bondet and Chemamul Tea Estates.

Mr. Temporary Deputy Speaker, Sir, I was requested by the Minister for Lands to ask the Chair to defer this Question to Wednesday afternoon. Indeed, he did inform me that he has already consulted the questioner.

Is that the position, hon. Member?

Yes, indeed, Mr. Temporary Deputy Speaker, Sir. The Minister has requested for more time to get a more adequate response to the Question. We agreed that the Question should be answered on Wednesday afternoon.

Very well! The Question is deferred to Wednesday afternoon.

Next Question by Mwalimu Mwahima! ENCROACHING OF MTONGWE LAND BY NYS

Is hon. Mwahima not here? For the third time; the Question is dropped!

Mr. Temporary Deputy Speaker, Sir, on the 11th of November, 2010, hon. Lenny Kivuti, the honorable Member for Siakago, rose on a point of order to seek a Ministerial Statement from my Ministry with regard to the killing of ten people in Siakago. In the Statement, the hon. Member requested for a clarification as follows: Where were the police during the massacre, considering that there is a police divisional headquarters? What steps is the Government taking to compensate the families of the victims? When the compensation will be forthcoming, the amount of money to be compensated and the steps the Government is taking to stop or curb any recurrence of such incidences. Mr. Temporary Deputy Speaker, Sir, on 7th November, 2010, Administration Police Constable (APC) Peter Karanja P.No. 8860 and APC Antony Kariuki Njagi P.No.2008045502 reported on guard duties at the District Commissioner’s residence within Siakago District in Mbeere North District. APC Peter Karanja was armed with a G3 rifle while APC Antony Kariuki Njagi was armed with a G3 rifle No.403927. Each rifle had 20 rounds of ammunition of caliber 7.62 millimeters. At about 2210 hours, APC Peter Karanja excused himself and informed his colleagues that he was going to answer a call of nature at a facility which is 50 meters away from their area of duty. At about 10.25 p.m., the other officer, Antony Kariuki Njagi heard the first gunshot from the direction of the township. When he heard the second gunshot, he immediately alerted his colleague about the absence of the officer and the gunshots. Later, it was established that the assailant, APC Peter Karanja, after excusing himself from his place of duty, went straight to Coconut Bar, which is about 300 meters from the DC’s residence, where he inquired about his estranged girlfriend, Flora Wanja Njue alias Marigu. When he failed to trace her, the officer went on a shooting spree, killing the following persons at the Coconut Bar - it is quite unfortunate that this incident happened - Domiano Mutira, aged 53 years, Espantus Musyimi Munyi aged 20 years and Rael Muthoni, a female adult. The assailant then walked 100 meters from Coconut Bar to Wakiai Bar and shot dead Augostino Kinyua Kithumbi, aged 28 years. He again walked to another club, the Shrek, which is 60 meters from the police station and killed the following: Antony Mwaniki Nyagah aged 71 years, George Ng’ang’a aged 24 years, Kennedy Nyamu aged 20 years and Lydia James, a female adult. Mr. Temporary Deputy Speaker, Sir, as the shooting was going on, two administration police officers based at the DCs office confronted the assailant at the Shrek Club, about 200 meters from the police station. They were shot dead as well, unfortunately, while trying to calm down the assailant. The two officers who were shot dead were APC Wilfred Gitonga, aged 38 years and APC Fredrick Okwako, aged 22 years.

Any clarifications to be sought on that Statement? I think it was requested by Mr. Kivuti.

Mr. Temporary Deputy Speaker, Sir, I would like to make only a few comments, following the Statement from the Office of the President.

Mr. Kivuti, it is clarifications that you are seeking, and not comments.

Mr. Temporary Deputy Speaker, Sir, the clarifications I would like to seek from the Assistant Minister, are mainly three. One is on compensation; we know that even if the Government does not wish to give the compensation, we could go to a court of law, but it may not be necessary to do that. Could the Assistant Minister clarify why he asserts that they will not give compensation because this should be done in this particular case, the crime having been committed by somebody on duty using Government bullets to kill our people? Two, I would like a clarification on how this kind of matter will be put to rest, particularly to avoid a recurrence in view of the fact that a lot of officers who are posted to Siakago, happen to pending disciplinary cases. When they come there, it is like a dumping ground. Could the Assistant Minister clarify what steps the Ministry will take to avoid a recurrence of such a case, either in Siakago or anywhere else in this country?

Mr. Temporary Deputy Speaker, Sir, could the Assistant Minister clarify how many psychiatrists are in active service to undertake mental check-up of these officers every year? When he recruits officers, do they only undergo a physical examination, or are they also subjected to psychiatric evaluation? These are people who handle guns and we wonder what is happening right now, because this incident is not isolated. How many psychiatrists do you have and how can you assure this country that you will undertake the psychiatric evaluation within your force, so that we do not have a recurrence of this incident?

Mr. Temporary Deputy Speaker, Sir, I would seek to get a clarification from the Assistant Minister. In as far as the compensation is concerned, he says it can only be done after the case is concluded. We know that there is no doubt that it was the police officer who killed these people. Why do the relatives of those victims have to wait for a case to drag on for five years? On the other issue of medical challenges---

Could you seek one clarification at a time?

It is just a small rider, just to confirm that this will not be used by senior officers to victimize and remove junior officers, who look as if they are crazy one way or another. What is the measure that they will use to understand who is nuts and who is not nuts?

Mr. Temporary Deputy Speaker, Sir, in the course of executing its security duties, the Government supplies ammunition to police officers, knowing very well that they are used on civilians. So, there is already evidence on record, and maybe the Assistant Minister will confirm this, that this officer was actually diagnosed as suffering from a dangerous condition. Does the Government not have a policy of regularly checking the medical condition of its various officers, so that it can identify at what juncture they may become dangerous when handling weapons? To fail to maintain such a policy is great negligence to the people, because the negligence inevitably leads to this kind of incident.

Let us have Dr. Laboso, then the Assistant Minister will respond. I will then take the next lot after that.

Mr. Temporary Deputy Speaker, Sir, we are informed that this unfortunate incident happened because of some love gone sour. Could the Assistant Minister clarify about the living conditions of these officers, because they are always not sure of the safety of the people they leave behind? What is he doing to take care of their conditions, so that they can lock their loved ones in the houses and be sure that they will find them there when they come back?

Mr. Temporary Deputy Speaker, Sir, this was a sad story; I lost officers and we lost innocent Kenyans. It is a sad day for us to come before you and talk about innocent Kenyans having lost their lives as a result of the actions of a rogue police officer. Mr. Kivuti asked about the compensation. I will combine Mr. Kivuti’s and Mr. Kabogo’s questions. According to the law, the Government cannot make any payment through a payment voucher without any order from the courts. So, once a court directs the amount of compensation---

Order, Mr. Assistant Minister. The question was; why do you have to go to court when it is self-evident that this happened in the hands of a police officer, and you have, in fact, taken steps to pay for the funeral expenses for all these people? Why do you have to wait for these people to go to court? That is the issue.

Mr. Temporary Deputy Speaker, Sir, that is true, but there is Government procedure to be followed when you pay a certain amount of money. So, who will determine how much compensation will be paid to the widows? It becomes very difficult---

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is the Assistant Minister in order to say that the Government will only pay against a

Mr. Temporary Deputy Speaker, Sir, this is a sad issue. I do not want to dwell on it. But we will check with the Attorney-General and see if there is any possibility of making payments without going through the courts.

Order, Mr. Ojode. I would like to pursue that; if you are going to take instructions, or the opinion of the Attorney-General, when will you come to the House with the opinion you will have received from the Attorney-General?

Mr. Temporary Deputy Speaker, Sir that to me is not an issue. Once we have an opinion of the Attorney-General, I will avail it to the House.

What time frame do you require?

Give me two weeks because the Attorney- General is out of the country.

We expect that in two weeks time. You can go to the other clarifications.

Mr. Mungatana asked us to adopt medical options, and how many doctors we have to test these officers. Right now, we have agreed that apart from the Government doctors, at the time we do recruitment, we will hire doctors to help us in the institution. So, that will be taken care of at the time when we undertake recruitment. Mr. Baiya asked about the medical conditions of the employees. We recruit doctors into our institution; we are also building our hospital for the police. We will subject our police officers to use of the facility; among the things we will check will be some of the diseases related to the brain. Dr. Laboso asked whether it is the living conditions which are bad. This is not really the case. We have tried very much to avail housing units to every police officer. The situation is not as it was before, when they were sharing a one-roomed house. We are trying to ensure that every officer has his or her own room; we do not want to house them together as has been the case in the past. We have used a lot of money. We have used close to Kshs298 million in rural areas. We have also used Kshs780 million to construct housing units for police officers in Nairobi and we are extending to other cities like Mombasa and Kisumu. So, as a Ministry, we are trying to make sure that each and every police officer retains his or her own private house.

Mr. Temporary Deputy Speaker, Sir, while I thank the Assistant Minister for making a very satisfactory response to this Question, I wish to remind him that it is in public domain that, that Administration Police (AP) was pursuing a bar lady or girlfriend. We would like the Assistant Minister to indicate to this House what active steps he is taking to make sure that the life of that lady is not threatened by the aggrieved families.

Mr. Temporary Deputy Speaker, Sir, if I got the Assistant Minister correct, he said that if he finds any police officers suffering from mental

Mr. Temporary Deputy Speaker, Sir, Members of the Ninth Parliament will recall that there was a populist move by the then Vice-President to recruit street boys into the Administration Police. Could the Assistant Minister tell us if he has any information on how much that factor has contributed to the indiscipline within the AP? That is because the problem seems to be more on the AP side rather than the regular police. What is he doing to ensure that the top management of the AP is held responsible for the indiscipline within that force?

Mr. Temporary Deputy Speaker, Sir, since the problem is rampant among the APs, could the Assistant Minister clarify whether, maybe, certain officers overstay in certain stations and become frustrated? How often do they transfer them?

Mr. Temporary Deputy Speaker, Sir, I will start with Mr. Njuguna’s question. Yes, we will take care of the girlfriend of that fellow. We need to do thorough investigations to know whether, indeed, it is true that, that lady was a girlfriend of that particular guy.

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

Why do you not let me finish?

Order, Mr. Assistant Minister!

On a point of order, Mr. Temporary Deputy Speaker, Sir. The Assistant Minister has simply said that they will take care of the girlfriend, but he is not telling us how he will do that.

Order! Continue Mr. Ojode!

Mr. Temporary Deputy Speaker, Sir, that is a frivolous point of order! I have said that we will investigate the matter, first of all, to find out whether that lady was, indeed, the girlfriend of that guy. We will investigate! We cannot rely on speculation. Again, Mr. Letimalo asked whether that is the first time. Incidences of that magnitude are isolated and we are going to make sure that all recruits must undergo the test. Some of them are going for these minor ones but we are now going to put stringent measures so that they undergo complete medical checkups. Dr. Khalwale talked about the reforms. I want to say here that the reforms are underway. We have started and quite a number of rogue officers will be sent home.

Order, Mr. Assistant Minister! He had referred you to the top management.

Mr. Temporary Deputy Speaker, Sir, before I come to the top management, I want to say here that, as from this week, all police officers in uniform must also have name tags as part of their uniform. That way, it

Order! Next Statement, please! We have eaten into the time meant for Motion very much! STRIKE BY TEA WORKERS

Mr. Temporary Deputy Speaker, Sir, on 27th October, 2010, Mr. Wamalwa sought a Ministerial Statement from the Ministry of Labour regarding the then ongoing strike by the Kenya Tea Growers Association in protest against the introduction of tea picking machines in Sotik, Kericho and other tea growing areas. From the Statement, the hon. Member wanted to know whether I was aware that, after the promulgation of the new Constitution, every worker has a right under Article 41(2) to go on strike and participate in activities of a trade union and pursuant to the said provision and that of Section 76 of the Labour Relations Act, a strike was declared after seven days notice was issued on 11th October, 2010 by the Kenya Plantation and Agricultural Workers Union. Secondly, he sought to know whether I was aware that in total violation of the said worker’s right to strike, the Government sent police officers to arrest union leaders at Sotik Tea Company, harass and intimidate the workers generally in order to frustrate and unlawfully break the strike. Thirdly, he also sought to know whether the Government is aware that the intended mechanization of tea picking in that region has deprived and put a risk to thousands of jobs by Kenyans, hence the protest. Mr. Temporary Deputy Speaker, Sir, I beg to reply as follows: I am aware of the Constitutional provision on the right to strike which is contained in Article 41(2) of the new Constitution which grants workers the right to strike. I am also aware that the Labour Relations Act, 2007, Section 76(c) allows participation in a strike upon the seven days written notice given to the other party and the Minister which the Kenya Plantation and Agricultural Workers Union adhered to. The Kenya Plantation and Agricultural Workers Union issued a seven days strike notice on 11th October, 2010 demanding that the employer withdraw tea plucking machines. I am further aware that the employers whose assets were to be affected by the Union’s strike filed a constitutional petition in the High Court on 14th October, 2010 seeking injunctory order to restrain the union and its agents from effecting, inciting or calling workers

Mr. Temporary Deputy Speaker, Sir, I am surprised to hear the Assistant Minister in an earlier question say that job creation is not the business of the Ministry of Labour. I do not know whether the Ministry has a policy on job creation and job loss. The mechanization of tea picking actually puts at risk thousands of jobs in Sotik, Nandi Hills, and Kericho. However, since the strike started, I would

I will take two more; Mr. Mungatana and Dr. Laboso!

Mr. Temporary Deputy Speaker, Sir, just yesterday we were talking about the problem of unemployment in this country. Kenya has an unemployment rate of 40 per cent. It is 118th in the world ranking as far as unemployment is concerned. It is at the same level as Afghanistan which is forever in political problems and other small countries like the Kingdom of Swaziland. We know for a fact that 70 per cent of the labour force is absorbed in the agricultural sector. Could the Assistant Minister clarify why they would even consider allowing these tea picking machines to operate and thereby create further unemployment in all those regions? If it happens, what is he going to do about the young people who are going to be left unemployed?

Mr. Temporary Deputy Speaker, Sir, mine is to reiterate what Mr. Mungatana has said. There is high level of unemployment in the country. Secondly, my area Sotik is the most affected. Some of the companies around Sotik use machines for 60 per cent to 70 per cent for tea picking at the moment. Could the Assistant Minister clarify, what is he doing about these two gentlemen who were arrested? What is he doing to ensure that we do not continue with the strike over the question of use of machines? It is a very sensitive matter and so many young people have lost their source of livelihood as a result of the machines. Could the Assistant Minister clarify what they are doing as a Ministry, to ensure that we do not continue to get further losses of jobs?

Mr. Temporary Deputy Speaker, Sir, Mr. Mungatana sought clarification on what we are doing to ensure that there are no job losses. We have talked to the people from that region. We are not going to sideline technology always when it comes in favour of the very old traditional methods. We have also looked at the investors. These people have seen the advantages of using machines. All the same, we have initiated dialogue between the parties. We are saying that these people whose jobs will be taken over by machines are going to be retrained and put into other sectors. We have just initiated dialogue between all the concerned parties. The Ministry is very active on this. Dr. Laboso asked about the officials who were arrested; they are free. The Labour Commissioner is there and we assured them that all the workers would go back to work. Nobody will be victimized. So, we do not have any problem.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is it in order for the Assistant Minister to mislead the House that all the workers have been reinstated when in fact, one of the companies; the James Finley Tea Company, has refused to reinstate the employees who were actually barred from accessing the factories after the strike?

Mr. Temporary Deputy Speaker, Sir, as far as we are concerned, these employees are still employees of James Finlay Tea Company because you cannot ignore a court order. An Industrial Court Order No.1281 of 2010 was delivered on 1st November 2010. It was an order restraining employers from suspending, dismissing, locking out or evicting workers on account of the strike. The Labour Commissioner is there dealing with the issue. The people will be paid their full salaries---

On a point of order, Mr. Temporary Deputy Speaker, Sir. You have heard what the Assistant Minister has been talking about. He is referring to

Order, Mr. Jirongo! The Assistant Minister has clearly given you the orders of the court restraining the dismissal. How can that be encouraging dismissals?

On a point of order, Mr. Temporary Deputy Speaker, Sir. I agree with you that the Assistant Minister is reading the court order, but hon. Wamalwa has just confirmed that the workers of Finlay Company are yet to be reinstated. They are being locked out. Could the Assistant Minister confirm or deny that those workers are yet to be reinstated? That was the point of order.

I think the issue being raised is that if there is a restraining order, any dismissals would be contrary to the order and you would have an obligation to ensure that, at least, the court order is obeyed, so that no worker is dismissed by James Finlay or any other firm. Mr. Assistant Minister, you have an obligation to tell the House what you are doing to ensure that the court order is complied with and that these workers are not dismissed contrary to the court order. That is the clarification that is being sought.

Mr. Temporary Deputy Speaker, Sir, as I had admitted earlier on, our Ministry is very much on the ground. A meeting was called on 9th November between the parties and there was assurance for everybody to go back. In case anybody has been locked out, they should report to the Ministry and we will take decisive action. So, there is no compromise about this because the law is the law.

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

Order! Order, hon. Members! I will take the last Ministerial Statement now. Hon. Wamalwa, please, we have taken so much time. It is getting to 5.00 p.m. and we still have business. Proceed, Mr. Minister! LAUNCH OF ROAD SAFETY WEEK

Mr. Temporary Deputy Speaker, Sir, I wish to make the following Statement on the launch of the Road Safety Week that begun on Monday 15th November, 2010 to 21st November, 2010. Mr. Temporary Deputy Speaker, Sir, during the week, there will be a series of awareness activities on road safety across the world. These activities are aimed at sensitizing world citizens and the motoring fraternity on road safety. The climax of these activities will be the World Remembrance Day which is dedicated by the United Nations to---

Mr. Minister, you can summarize that Statement and then table it because I can see it is quite lengthy.

Mr. Temporary Deputy Speaker, Sir, in brief, the Statement is all about the road safety week which was

I direct that a copy be made available to every hon. Member because you have not read the entire Statement. So, the Clerks-at-the-Table should ensure that a copy of that Ministerial Statement is circulated to every hon. Member. We have a Statement from the Ministry of Foreign Affairs. If it is lengthy, please, do what your colleague has done. SAFETY OF KENYANS IN SOUTHERN SUDAN AFTER 2011 REFERENDUM

Mr. Temporary Deputy Speaker, Sir, the Statement was asked by hon. Mungatana who wanted to know how many Kenyans are resident in Southern Sudan, how many Kenyan business investments exist in Southern Sudan, what preparations are there to protect Kenyans and their property in the event of post-referendum civil unrest and lastly, the diplomatic efforts that the Kenyan Government is making to reduce the tensions between the north and south so that our people are protected. Mr. Temporary Deputy Speaker, Sir, the number of Kenyans who are in Southern Sudan is between 30,000 and 65,000. These are individuals who are working there as business people running their own private companies. We also have individuals who have been working for the Ministry of Education as teachers. Some of them are individuals who have been seconded as top Government officers. For example, in the Ministry of Finance, the planning and budgetary boss is a Kenyan. Also, the individual handling procurement and investiture in Southern Sudan is also a Kenyan. There are many other officers who are in those capacities. Mr. Temporary Deputy Speaker, Sir, the Kenyan companies that are in Southern Sudan are very many also. I will just give a few examples. They are: Kenya Commercial Bank, Equity Bank, UAP Insurance, Kenya Airways, Jetlink East Africa and many private companies that fly individuals there. We also have many private companies that are doing consultancy work in that country. Mr. Temporary Deputy Speaker, Sir, the preparations which the Kenyan Government has made are that we are actually carefully observing and watching the development in Southern Sudan. As you are aware, our President is engaged. Also, the African Union (AU) and IGAD are engaged to make sure that whatever eventuality and takes place in Southern Sudan is handled and managed in such a way that will have a peaceful endeavour at the end of the execution of the Comprehensive Peace Agreement (CPA).

Mr. Assistant Minister, you will also table the Statement because you have not read the whole of it. I direct that copies be made available to all hon. Members.

Mr. Mungatana, I will allow you just one clarification. I will give each of you two minutes.

Mr. Temporary Deputy Speaker, Sir, what are the security arrangements that have been put in place for Kenyan businesses which are operating there? I know, for instance, that owners of petrol stations have been expropriated by Southern Sudanese citizens. I also know for a fact that one salon operator, for example, as soon as the business was doing well, was expropriated again. What is in place to secure Kenyan businesses in Southern Sudan today?

I will take Dr. Khalwale, hon. Wamalwa, hon. Kiuna, Member for Lari and then end with hon. Ethuro, and then the Minister can respond.

Mr. Temporary Deputy Speaker, Sir, my respect for the Kenyan business people who have chosen to invest in the volatile environment in Southern Sudan. However, I am equally concerned about our brothers – the young Government in Southern Sudan. What is the Kenyan Government doing to protect the young Government in Southern Sudan from some unscrupulous Kenyan businessmen, some of them politicians, who go there and con the young Government off millions of dollars and then disappear without honouring their contracts?

Mr. Temporary Deputy Speaker Sir, while I thank the Assistant Minister, I am worried that very many Kenyans who have invested heavily in Southern Sudan are complaining of discrimination and harassment by security personnel. If you consider the way countries protect their people when they are in foreign countries, I would like to seek a clarification on what mechanism the Kenyan Government has put in place to make sure that all Kenyans who are working in Southern Sudan are safe and free to transact their business.

Thank you, Mr. Temporary Deputy Speaker, Sir. There is steady violence against Kenyans who are in Southern Sudan. In my constituency, we have had about five families who have been affected. As we speak, there is one at Moi Referral Hospital in Eldoret. The wife who is an Early Childhood Development (ECD) teacher told me that they have a bill of close to Kshs1 million. The young man was a businessman. He was shot and all his teeth removed. What is the Government doing to monitor the situation there and to protect Kenyan businessmen who are being violated?

Mr. Temporary Deputy Speaker, Sir, it is in the public domain that pupils from Southern Sudan sit for Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE) examinations locally.

Mr. Temporary Deputy Speaker, Sir, I will first seek some clarifications and then end up with a point of order which will be directed to you. First, we have just returned from a trip to Juba. We are proud, as a nation, to have brought the Comprehensive Peace Agreement (CPA) to Southern Sudan. However, the Assistant Minister and the Government do not seem to really appreciate the peace deal from Southern Sudan. What is he doing for the Kenyan investors to access the Southern Sudan market by ensuring that the Kapenguria-Lodwar-Lokichoggio Road is tarmacked so that our Kenyan investors can access that area? The Kenyan Government, in appreciation of the peace process that we helped the Southern Sudan to achieve, must also ensure that the Southern Sudan does not harass Kenyans who are working there. As we speak now, there is one, Mr. George Ekapol who is being detained in a cell.

Surely, we are seeking clarifications!

Mr. Temporary Deputy Speaker, Sir, I am on a point of order now.

I am aware about your point of order. However, let the Assistant Minister first respond to the issues.

No, this is about him. Let me just explain. On a point or order, Mr. Temporary Deputy Speaker, Sir. Standing Order No.80 talks about matters which are sub judice or secret. This is subject to paragraph 5 which says:- No Member shall refer to any particular matter which is sub judice or which, by the operation of any written law, is secret. He said that he cannot tell this House some things because they are secret in nature. I would like to challenge him to tell us under what written law he will not tell us those things because they are secret in nature.

Mr. Temporary Deputy Speaker, Sir, I will start with the last one. I did not say that it was a secret issue. I said that it was a security issue. The simple reason being that if we were to come out and start discussing that Kenya is ready with 400 trucks which will carry individuals or we have 15 aeroplanes which will carry Kenyans coming from Southern Sudan, that would be basically alarmist. I raised these issues by saying that the details of what will take place in case of any eventuality, the Kenyan Government has systems and interventions in place to deal with the situation. I hope that my colleague will sympathize with me on that one. The point I wanted to raise is that before I go straight into answering the questions that my colleagues have asked, indeed, we went to Juba. For me, historically, it was the first time that Kenyan Members of Parliament had gone to Juba. They were 30 of them and it was a wonderful experience and many of us came back different. We had gone there on a fact finding mission. We were briefed and when we came back, we were better. Hon. Mungatana raised a very critical issue. I would like to tell my colleague, Mr. Mungatana, that he is right. The reason why many of these issues have been taking place is because Kenya, as a Government, did not sign any joint commissions or any basic agreements on privileges or any other issues. We have been operating on auto-pilot and we are praying and hoping that once the referendum is over, whatever the eventuality, the Government will come up with mechanisms so that we have joint

Any other requests for Ministerial Statements before we allow hon. Ethuro to raise his point of order?

I will allow hon. Ethuro to raise his point of order, then Dr. Khalwale and then finish with hon. Kiuna.

Mr. Temporary Deputy Speaker, Sir, I rise to seek a Ministerial Statement from the Minister for Public Health and Sanitation. Last Monday, she ordered that all health facilities should not detain mothers who have given birth for the inability to pay maternity fees as a result of poverty. She also ordered for their immediate release. While appreciating this announcement, especially recognition of the fact that 7,000 women lose their lives when giving life at birth. Maternal mortality is at 4,800 per 100,000 live births and infant mortality is at 79 per 1,000 live births. In places like Turkana, the statistics are worse with infant mortality at 150 per 1,000 live births. Could she state the exact measures she has taken to ensure that her directive is being followed and that she was not being popularist and acting in vain? Has she issued a circular to that effect and when? She should tell us when she issued the circular? Could she table the same circular in this House? Could she also give the list of the health facilities that were holding the mothers and their children? Could she tell us the number of mothers and children who were being held in those facilities before her directive? She should also give a list of the mothers and children who were released after her directive. What cost has been incurred by the relevant health facilities and how the Government proposes to compensate the cause of deliveries in future in these health facilities? Finally, what other measures has the Government taken towards the realization of the Millennium Development Goals (MDG) number four and five, which are the promotion of reducing child mortality and promotion of maternal health?

Who on the Front Bench undertakes to convey that to the Minister? Mrs. Ngilu, would you undertake to convey that to your colleague? When can we expect the Statement?

Mr. Temporary Deputy Speaker, Sir, may I promise on Thursday, next week, so that I can get the right offices?

Mr. Ethuro, is that okay?

Mr. Temporary Deputy Speaker, Sir, that is okay. However, I suspect that the Minister may not be ready. I am even willing to give another two weeks.

That is good enough. Thank you so much. IDPS TREK FROM GILGIL TO NAIROBI

Mr. Temporary Deputy Speaker, Sir, mine is very brief. I notice that the Assistant Minister, Ministry of State for Special Programmes is seated here. Yesterday, I sought a Ministerial Statement, a matter which is going to be addressed on Wednesday. However, a humanitarian crisis is building out of that Statement, namely; Kenyans are trekking from Gilgil to Nairobi so as to be addressed by the Minister. Right now, they are somewhere between Naivasha and Kinungi. Could he comment as to whether they have made any humanitarian intervention, including food, drugs and transportation?

In other words, you are seeking the Ministerial Statement to be brought forward to today?

No, Mr. Temporary Deputy Speaker, Sir. It had five points. The one I am talking about, which has the humanitarian aspect could be addressed now and then the Statement comes next week. I can see the Assistant Minister is here.

Mr. Temporary Deputy Speaker, Sir, I am aware that this Ministerial Statement is due on Wednesday and we are making all efforts to make a comprehensive Statement at that time. However, in view of what Dr. Khalwale has raised, I want to report to the House that this problem has got the attention of the Government and has been resolved. The IDPs have been encouraged to go back to their camps. The Government has given them transport back to the camps. Three members of the IDPs have been selected, so that they can seek audience with the Ministry officials on Wednesday, next week. The District Commissioners (DCs) and our regional co-ordinators are making all efforts to ensure that the humanitarian aspect of it has been taken care of. Therefore, the situation is under control and no Kenyan is suffering out there. They reached Kinungi this afternoon and they agreed to go back to their camps. INVASION OF TIPI CENTRE BY WARRIORS

Mr. Temporary Deputy Speaker, Sir, I rise to seek a Ministerial Statement from the Ministry of State for Special Programmes. I would like to request the Minister to state whether she is aware of what is going on in Tipi Centre in Mau Narok Division in Njoro District. There is an invasion by some warriors from outside Nakuru County. I would like her to clarify whether she is aware that these warriors have been imported from outside my constituency by influential senior Government officers to come and disrupt the peace which is prevailing there. Lastly, what steps has the Government taken to ensure that these financiers, however mighty or strong they are, are arrested and brought book?

Mr. Temporary Deputy Speaker, Sir, I undertake to convey this to the relevant Minister. Maybe, again, you give us until Thursday, next week, for the Statement to be delivered.

Minister, it is eminent and there is a threat to lives and I think Thursday next week is too far away. Could it be delivered on Tuesday, next week?

That is okay, Mr. Temporary Deputy Speaker, Sir. I will convey that to the relevant Minister this afternoon and I hope she can deliver the Statement on Tuesday.

Hon. Kiuna, do you think Tuesday, next week, will be all right?

Mr. Temporary Deputy Speaker, Sir, this situation is very sensitive.

That is why I am asking that it be brought as soon as possible. So, Tuesday, next week!

Yes, Mr. Temporary Deputy Speaker, Sir.

Very well. Hon. Ethuro, you had intimated that you are rising on a point of order and I am allowing you this opportunity. NON-ISSUANCE OF STATEMENT BY LEADER OF GOVERNMENT BUSINESS

On a point of order, Mr. Temporary Deputy Speaker, Sir. I rise on a point of order under Standing Order No.36(4). It says:- “The Leader of Government Business shall, every Thursday or the last sitting day of the week before commencement of business, for not more than fifteen minutes, present and lay on the Table, a Statement informing the House of the business coming before the House in the following week.” I have the Order Paper here and it says that the commencement of business is after the Ministerial Business, namely; Order No.7 on the Order Paper. I do not see the Leader of Government Business, the Deputy Leader of Government Business or even an Assistant of the Leader of Government Business who is not even a Member of the House Business Committee. This is not only for today, but even yesterday. The Standing Order No.40 on the Prime Minister’s Time states that:- “Notwithstanding the provisions of Standing Order No.36 (Order of Proceedings), there shall be time, to be designated the Prime Minister’s Time, commencing at 3.00 p.m. every Wednesday”. The operative words here in both cases are “shall” and “shall”. I am just wondering whether there is a conspiracy by the Executive not to obey the Standing Orders and to discharge its responsibility to this House. Does it mean that the Government has no business for the following week, and that is why the Leader of Government Business is not here to present it?

Hon. Ngilu, do you have anything to say on behalf of the Government?

Mr. Temporary Deputy Speaker, Sir, first, I am a Member of the House Business Committee. The House Business Committee meets every Tuesday after the rise of the House. We plan business for up to the following Tuesday. So, I am sure we have business for next Tuesday.

On a point of order, Mr. Temporary Deputy Speaker, Sir. The issue is not, and has not been, whether the House Business Committee meets or not. Hon. Ethuro was very clear that there is a breach on the face of the record of the Standing Orders by both the Prime Minister and the Leader of Government Business. Those are two senior officers of the Front Bench and the Executive. It borders on contempt of Parliament. We wanted to request you to issue a considered opinion on this matter because if it does not get addressed, the House is going to be taken for granted. Thank you, Mr. Temporary Deputy Speaker, Sir.

On a point of order, Mr. Temporary Deputy Speaker, Sir. I want to thank hon. Ethuro for raising this issue, because at the end of the day, if Standing Order No.36(4) has not been complied with, it will be contentious, or breach of the rules, for anybody to bring any Government Motion next week. That is why it is extremely important that you give direction on how we are going to proceed.

On a point of order, Mr. Temporary Deputy Speaker, Sir. I also wanted to bring to your attention the status of the purported response by the Minister for Water and Irrigation. The issue that I raised on the Standing Order has nothing to do with the membership of the House Business Committee. The only thing I mentioned is that the Leader of Government Business has incorporated one Deputy, who is not even a Member of the House Business Committee. That is not even for today, I was just wondering. If they could have gone to that extent and still fail to perform the duties they are already supposed to perform in this House, then there is a serious breach of the rules of the House. We need your direction, Mr. Temporary Deputy Speaker, Sir.

Hon. Members, indeed, the Standing Orders are clear. I will restrict myself to the issue relating to the Leader of Government Business. Of course, the matter touching on the Prime Minister ought to have been brought up during yesterday’s proceedings. Had it been brought up yesterday, I am sure the Chair would have made the necessary ruling. For now, I find the Leader of Government Business to be not only in gross misconduct, but he acted in complete contempt of the House for absenting himself from complying with the mandatory requirement of the Standing Order. Sanctions will follow, but because he is not in the House, these will be announced on Tuesday by the Chair.

Next Order!

Mr. Temporary Deputy Speaker, Sir, I beg to move the following Motion:- THAT, this House adopts the Report of the Departmental Committee on Justice and Legal Affairs on the Nominees to the Political Parties Dispute Tribunal laid on the Table of the House on Thursday, 4th November, 2010. The Committee brings this Report in exercise of its mandate as set out in Standing Order No.198(3), which includes overseeing all matters relating to political parties as well as the Ministry of Justice, National Cohesion and Constitutional Affairs, the State Law Office, the Judiciary, the Kenya Anti-Corruption Commission, the Interim Independent Electoral Commission, and the Interim Independent Boundaries Review Commission. Its mandate also touches on constitutional affairs, administration of law and order, public prosecution, selections, integrity and anti- corruption. Mr. Temporary Deputy Speaker, Sir, the Tribunal is extremely significant, and is established by the Political Parties Act. The nomination of the Chairman and the

Mr. Temporary Deputy Speaker, Sir, I rise to second this Motion and thank my Chairman, hon. Namwamba for moving the Motion as ably presented. Mr. Temporary Deputy Speaker, Sir, in supporting this Motion, I wish to highlight to this House that these nominations are being brought as part of the political reform packages that started with the Political Parties Act, which was enacted in 2007. It was made operational in 2008. Among the objectives of the Political Parties Act is to regulate the business of political parties in the country. One of the role in this regard for the Tribunal is to assist in management of disputes in the political parties among members of the political parties. That is Section 6. Also disputes between political parties forming the same coalition and also to deal with appeals arising from the decisions of the Registrar of Political Parties under this Act. So, it means that while we have not appointed this Tribunal, decisions made by the Registrar of Political Parties are not being appealed against. No appeals are being filed with this Tribunal. They are instead being filed in the High Court. There are disputes which have already been filed at the High Court. This contributes more to the backlog in our court system. Mr. Temporary Deputy Speaker, Sir, we are aware of political disputes in this country. Political parties have formed coalitions or entered into arrangements only to end up disagreeing and affecting this country in a very substantial way. For instance, in 2002 we had a Memorandum of Understanding that had been written, was

Thank you, Mr. Temporary Deputy Speaker, Sir. I wish to support this Motion because this is a very important institution that we are trying to establish. We are a democratic society and in such a society, while the individual liberties are very important, we need to be organized. In the political set up, a political party is one of those institutions that organizes political aspirations so that the country can be run better. We know that in this country, political parties did not mean much until today when some of these institutions are being put in place. There have been a lot of interference in the activities of political parties by the Executive in order to undermine the activities of what was perceived to be their competitors and disorganise them completely, and in the process undermine the democratic process. Some of these institutions that are being put in place will enhance democratic culture because, as the Chairman, Mr. Namwamba has said, it will reduce the cost of resolving disputes and encourage democracy. Mr. Temporary Deputy Speaker, Sir, you must have seen in this House that many hon. Members are from different political parties. In fact, the trend in Kenya

Thank you, Mr. Temporary Deputy Speaker. I really want to stand here and support this Motion very strongly. NARC(K) is one of those political parties, and I speak as the Secretary-General, that has written consistently to the Chief Justice to ask what has happened to the Political Parties Tribunal. This is because we have really been affected. We have had intra and inter-party political disputes. Within the coalition that we used to belong to, we have filed two major cases in court. One of them revolves around the decision by the Registrar of Political Parties to try and put the money that is supposed to be divided, in the hands of a new political party called “Party of National Unity” which was not part of the coalition in the first place. Almost all the money went to the PNU. You can imagine that we are now fighting in court for something close to Kshs29 million. The amount of money that we have to spend on the lawyer alone is a lot. Since these are political parties, it has been very difficult and costly. We do not wish the same thing to happen to other political parties which may have disputes. We are also disputing the ownership of councillors, who initially belonged in NARC(K) and they moved to the PNU. This matter is also in court because it raises the question of who has the power to nominate. When you look at these two disputes, the cost of money that the party has incurred is enormous and it is very unfair. It should not have happened if the Political Parties Disputes Tribunal was in place. Mr. Temporary Deputy Speaker, Sir, we are very apprehensive because if you look at the time that has also been taken in the court in terms of setting hearing dates, adjournment of hearings and all that, it is a lot. Money is put aside for these issues, and sometimes financial years come to an end before disputes are resolved. So we sincerely support the formation of this Political Parties Disputes Tribunal and we want it to happen as soon as possible. We want to urge the President to quickly move in as soon as we pass it here. Appointments should be gazetted with speed like they have done with other commissions that we have approved in this place. Mr. Temporary Deputy Speaker, Sir, this Tribunal is going to be very critical particularly now looking forward. In future, in this country, we are going to have presidential elections at two levels. We will have the first round and the second round. The likelihood of coalitions is going to be there because once political parties lose elections in the first round, they may want to consider supporting either of the top two candidates. Whatever agreements they may have, they could be subject to disputes. It is obviously true that if this Tribunal is not set up in good time and the rules of operations and engagements are not put in place in time, we may have serious problems in future.

Thank you, Mr. Temporary Deputy Speaker, Sir. I also rise to support the Motion for the adoption of this Report. I also belong to a political party that has had problems in the past. The party of FORD(K) is one of the parties whose matters are pending before Registrar of Political Parties for arbitration. However, there has not been a tribunal in place to arbitrate between members of this party and we are very glad to note that, finally, we have an effort towards putting this tribunal in place. Looking at the names presented, they are very, very qualified Kenyans of high integrity; they are lawyers that have practised for many years and have an impeccable record that I know of personally. Peter Simani and Chacha Odera, I have no doubt that they will very ably discharge the functions that will be bestowed upon them by law. Mr. Temporary Deputy Speaker, Sir, it is also very important that we have in place a dispute resolution mechanism that can expedite the resolution of disputes. Speaking about my party, we have been to court many times and many of the disputes before the High Court, because of the heavy backlog of cases, we have taken years to complete. However, Section 7 gives a maximum period within which a dispute can be determined by the Tribunal that we are putting in place. Under Section 7 of the Political Parties Act, any dispute presented before the Tribunal must be determined within three months. That is the maximum. Indeed, looking at what has happened in this country before, political disputes are very hot matters that need to be resolved. Unless they are resolved, they can resort to violence and chaos and, therefore, having put this Tribunal in place, we would avoid chaos in this country. Anyone aggrieved either within the party or between parties will now have a tribunal and a forum to go and ventilate and have their disputes resolved. Mr. Temporary Deputy Speaker, Sir, most importantly, we are looking at the future of political parties in this country under the new political and constitutional dispensation. Looking at Article 4 of the Constitution, you will appreciate the importance of political parties. Article 4 provides that:- “The Republic of Kenya shall be a multi-party democratic State founded on the national values and principles of governance referred to in Article 10.” Indeed, this is the democracy, as provided under Article 4 that must be founded on national values. When you go to Article 10, you will find the national values that have been set out on which political parties will be based. Under Article 10, the political parties will be vehicles through which, as a society and as a nation, we shall realize our national values and aspirations.

Thank you, Mr. Temporary Deputy Speaker, Sir. I rise to support the Motion. First of all, I want to begin by thanking this Committee for a good job done over the last three years. I think when the time comes, history shall remember you and you shall be judged right. I support the list of the nominees because the whole idea of dispute resolution is a very welcome idea and it is in line with changing times of our society, especially in the light of the new Constitution. Mr. Temporary Deputy Speaker, Sir, there have been conflicts in political parties and, usually, the answer is that people run away and go to the Registrar of Political Parties to register another political party. I think over almost 20 years, the end result is that we have not been able to force democracy from within political parties. So, this Tribunal, alongside the Political Parties Act, is going to rid this country of briefcase parties and the one-man-show political parties. I think that democracy is needed. I do not think the answer is always running away; the easy way out of undemocratic scenarios is to run away and go to the one which you think you can control and further the undemocratic tendencies. So, I think this will force people to talk and something in the middle is what I think will suffice in our political parties. Mr. Temporary Deputy Speaker, Sir, we have too many political parties. I meet some of them even in corridors – the briefcase party holders – you talk to them about ideologies of their parties and there is nothing! They are vehicles to intimidate the electioneering process when the time comes. You meet many of them when you are going to present your papers wherever you present them in your constituencies, and you find somebody standing there with certificates which are blank. I say this as somebody who has gone through this experience. In the last elections, we went through nominations and the same people you defeated in one nomination are the

Mr. Temporary Deputy Speaker, Sir, I beg to support. In supporting I want to say that Mr. Midiwo’s sister has a right to fall in love. It actually helps in the development of the country because then we can have children. Mr. Temporary Deputy Speaker, Sir, in supporting this Motion I wish to say that as a country we need discipline in our political parties, especially because of the

On a point of order, Madam. Temporary Deputy Speaker. Is the hon. Member in order to mislead the House, and the country, one that we are not sensitive? Two, she is a lawyer who was working on this Constitution which says that one third must be either gender; she is insinuating that we are not always looking at either gender. Is she in order?

On a point of order, Madam Temporary Deputy Speaker. Is the hon. Member in order to state that the Whips must make sure that gender balance is achieved, yet she knows that the Revenue Allocation Commission, which will be set up--- At the KIA, where she chaired a meeting, it was agreed that an open advertisement inviting applications should be put out. If she knows that, what power do the Whips have to go out and encourage women to apply?

Madam Temporary Deputy Speaker, I am in order and I will explain why I am in order. When I was speaking, the hon. Members were consulting loudly and so, they did not hear what I said. I have said that this House is very sensitive; we have followed the Constitution and we have ensured the one-third representation except--- Can we, for the first time, other than the Commission on Cohesion and Integration which has majority women, all the other commissions, the one- third is presumed that the tail end must be---

Madam Temporary Deputy Speaker, can I be protected!

Mr. Imanyara, allow her to finish, please.

Madam Temporary Deputy Speaker, I am responding to a point of order. I shall not be intimidated with my one-third of the tier.

Mr. Ethuro, allow her to finish, please.

Madam Temporary Deputy Speaker, I want to say - and I want to repeat - that if you actually see the record in this House, we have done well by providing one-third constitutionally. However, we must inculcate in ourselves that the tail end of one-third does not always mean women. So, I am pleading that this time round, when we are appointing the Commission on Revenue Allocation---

Your point has been made, Mrs. Odhiambo-Mabona! Can you allow Mr. Ethuro?

On a point of order, Madam Temporary Deputy Speaker. I was more than ready and willing to abide by your ruling to allow the hon. Member to continue but, is she in order to continue misleading the House that we should improve the ratio so that men are the minority when the fundamentals of the new Constitution have the fact that women are a minority and that is why we are giving them affirmative action?

Madam Temporary Deputy Speaker, hon. Members have raised points of order and if you would allow me, I can very ably respond to them. That is because I came to this Parliament on a one- third representation. What I am saying is that even though I am happy with our men especially in this Parliament because they are sensitive, that tail end must reverse so

On a point of order, Madam Temporary Deputy Speaker. Clearly, you can see that there is nobody opposing this Motion and we are now moving to the realm of irrelevant material. So, I am asking whether it is in order for you to ask the Mover to reply.

Madam Temporary Deputy Speaker, let me thank hon. Members, most sincerely, for their overwhelming support for this process. Let me just clarify a couple of things without taking too much time. Indeed, the Tribunal has met the one-third requirement and I heard some hon. Members wondering whether there was a female representative on this Tribunal and let me confirm, for the record, that Rev. Jessie Mutura is, indeed, a lady of high standing. Therefore, the one-third requirement is fulfilled. Secondly, maybe, to reiterate that, of course, political parties are indeed building blocks of any democracy and the concerns of hon. Members to have an entire bureaucracy put in place to anchor operations of political parties cannot be gain-said. It is essential! The other day, we were in Tanzania as a Committee to observe the Tanzanian elections and we were impressed by the efforts that, that country has made to build a bureaucracy that provides support to political parties. I want to assure hon. Members that looking at the law that establishes this Tribunal, many of the concerns that hon. Members have raised here; disputes within political parties and even disputes arising from decisions of the Registrar of Political Parties fall in the mandate of this Tribunal as well set out in Section 6 of this Act; that the Tribunal shall determine disputes between members of a political party, disputes between political parties forming a coalition and appeals from decisions of the Registrar under this Act. So, indeed, even decisions made by the Registrar with regard to any dispute will be subject to intervention by this Tribunal. Again, let me remind hon. Members that we need to take comfort in Section 7 of the Act that provides a time limit that the Tribunal shall take to determine disputes and Section 7(1) provides that the Tribunal shall determine any dispute before it expeditiously, but in any case shall determine a dispute within a period of three months from the date the dispute is lodged and that the decision of the Tribunal shall be final. So, indeed, the concern to have a process that is expeditious; a process that is affordable is a matter that this Tribunal shall certainly respond to very effectively. The question of having politicians to populate a tribunal of this kind is a matter that the law has addressed itself to. When you look at Section 5(3) of the Political Parties Act, a person shall not be qualified to be appointed as a member of the Tribunal if that person is a member of the Public Service or takes an active part in the activities of a political party. Therefore, the law itself is very clear that persons who are actively involved in political play are not permitted to be part of this Tribunal. Of course, we

Madam Temporary Deputy Speaker, I beg to move the following Motion:- THAT, this House adopts the Report of the Third Session of the Second Legislature of the Pan-African Parliament held from 4th to 14th October, 2010 in Midrand, South Africa laid on the Table of the House on Wednesday 10th November, 2010. Madam Temporary Deputy Speaker, the Pan-African Parliament was established in the Protocol to the Treaty establishing the African Economic Community (AEC). Article 2 of the Protocol provides that Member States hereby establish a Pan- African Parliament the composition, functions, powers and organization of which shall be governed by the present Protocol. The ultimate aim of the Pan-African Parliament shall be to evolve into an institution with full legislative powers whose members are elected by universal adult suffrage. The Pan-African Parliament mandate and objectives in accordance with Article 3 of the Protocol is to inter alia facilitate the effective implementation of the policies and objectives of the OAU/AEC and ultimately of the African Union (AU); promote the principles of human rights and democracy in Africa; encourage good governance, transparency and accountability in member States; promote peace, security and stability in Africa; facilitate cooperation and development in Africa; strengthen continental solidarity and build a sense of common destiny among the people of Africa. Madam Temporary Deputy Speaker, this House as you will recall elected five Members to the Pan-African Parliament as an electoral college. The delegation to the Third Ordinary Session of the Second Parliament of the Pan-African Parliament comprised the following:- 1.Hon. Gitobu Imanyara, MP – Leader of delegation. 2.Hon. Abdul Bahari, MP. 3.Hon.Gideon Mung’aro, MP. 4.Hon. Musa Sirma, MP.

Madam Temporary Deputy Speaker, thank you for the opportunity to second this Motion which has been ably moved by Mr. Abdul Bahari. First and foremost, the Pan-African Parliament stands for the position of the African people and their needs. Kenya being one of the members is now short of one lady. I wish to say we still need Rachael to rescind her decision so that Parliament can nominate her back to Pan-African Parliament because she is an asset. Madam Temporary Deputy Speaker, the Pan-African Parliament is involved mainly in observer missions in democratic processes in many countries. Of late, the AU has usurped the responsibilities which we debated as a Parliament. This is because during the last one in Ethiopia, Members of the Pan African Parliament were mistreated. They were not given the opportunity to have their own report because ambassadors came in and decided to make a report on behalf of the observer missions, yet Members who participated in those observer missions actually saw a lot of flawed processes in elections in that country. Madam Temporary Deputy Speaker, the reports we get on conflicts in Africa are enormous. We have cited them in this Report so that hon. Members can see what happens in other country. There are issues of Chad, Congo and Central African Republic. At length, we really deliberated on the issue of Somalia having a transitional Government, the Al Shabaab threat and the peace in that country which has not been achieved for many years. These issues were really looked at by the Pan African Parliament. The issue of Saharawi, a country which Morocco has oppressed for many years was discussed. If we were transformed into a legislative body, we would make a difference in Africa. Madam Temporary Deputy Speaker, democracy is a right of the people. Therefore, the Pan African Parliament stands for the democratic processes to be followed in Africa and be able to embrace all the human rights, especially in the countries where people have been maimed and tortured. Madam Temporary Deputy Speaker, with those few remarks, I beg to second.

Thank you, Madam Temporary Deputy Speaker, for this opportunity to make a contribution on this Report, which I support. Madam Temporary Deputy Speaker, as the team leader or Chair of the Kenyan Pan African Parliamentarians, let me say that we contribute a great deal to the political unification of the African Continent. The Pan African Parliament was

Hon. Imanyara, you have a balance of 17 minutes.

Hon. Members, it is now time for the interruption of business. The House is, therefore, adjourned until Tuesday 23rd November, 2010, at 2.30 p.m. The House rose at 6.30 p.m.