Mr. Deputy Speaker, Sir, I beg to ask the Minister for Education the following Question by Private Notice. (a) Is the Minister aware that the Aga Khan Primary School Head Teacher, Mr. Amos Muiruri, was arrested and is being held in prison since Monday, January 24th, 2011? (b) Under what circumstances was he arrested, and what action has the Ministry taken, considering that he is an employee of Teachers Service Commission (TSC) but is under the Director of City Education? Mr. Deputy Speaker, Sir, before the Minister replies, I would like to inform you that I have not seen a written answer. It should have come before this morning.

Mr. Kioni, this is a Question by Private Notice. You do not have to have a written answer for a Question by Private Notice. Proceed, Mr. Minister for Education!

Mr. Deputy Speaker, Sir, I am made to understand that the headmaster was arrested for contempt of court. Unfortunately, I do not have the details relating to the matter. However, I will be ready to provide the details in the next one hour or so.

Mr. Deputy Speaker, Sir, it is not clear what the Assistant Minister is asking for.

Assistant Minister, what are you asking for? Are you asking for indulgence from the Chair to be given more time to answer this Question?

Mr. Deputy Speaker, that is correct, because all I have is verbal information to the effect that Mr. Muiruri was arrested for contempt of court. He has since been released but I do not have the details relating to the matter. So, I am asking for more time, so that I can get the details. We can even deal with the Question in the afternoon.

Mr. Assistant Minister, you realise that the Chair or the House is not supposed to give you those details. Those are details which are supposed to be in the domain of your own Ministry.

Mr. Deputy Speaker, Sir, I agree with you in totality. It is just that---

Mr. Kioni, are you comfortable with the Question being deferred to tomorrow afternoon?

Mr. Deputy Speaker, Sir, Mr. Muiruri was put in for contempt of court, and the circumstances surrounding this case are such that if we allow the Assistant Minister to continue asking for more time, there are people who will continue to suffer injustice. The headmaster is still being held for contempt of court. There is an attempt to take away Aga Khan Primary School from the public and give it to the private sector. It is a very weighty matter.

Order! Order! Hon. Kioni, you cannot discuss the substance of the matter itself at this stage. You can only do that when the Question is answered. The Chair directs that this Question be placed on the Order Paper for tomorrow afternoon.

Mr. Deputy Speaker, Sir, the Assistant Minister has offered to answer it in the afternoon, and I am comfortable with that proposal.

It is not possible because the Order Paper for the afternoon is already out.

On a point of order, Mr. Deputy Speaker, Sir. The Questioner and the Assistant Minister are in agreement that the matter is in court. Is it in order for them to even ask for time to discuss an issue which is alive in a court of law?

As to the extent of the sub judice on the matter itself is something which the Assistant Minister should indicate as he answers the Question.

Mr. Deputy Speaker, Sir, I think hon. Imanyara was not quite attentive when we were talking about this matter. The matter is not before court. Judgement has already been given.

Order! Order! In any case, even if the matter is before court, it is for the Assistant Minister to seek the indulgence of the House for the matter not to be discussed on the basis of sub judice . Mr. Assistant Minister, the Chair directs that this Question be placed on the Order for tomorrow afternoon. This time round, you had better have the answer with you.

Mr. Deputy Speaker, Sir, I will definitely have the answer. The point here is that I received the Question at short notice and I just did not have adequate time to have the answer prepared.

Order! The Chair has given direction on the same.

Order, hon. Olago! If it is on the same issue, the Chair has already given direction.

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

What is it?

Mr. Deputy Speaker, Sir, I wanted to draw the attention of the Chair to the fact that as we wait for the answer to come, the Ministry could take steps to ensure that this man is released. He is suffering for nothing.

Mr. Deputy Speaker, Sir, he has already been released.

The Chair has given direction on the same.

Mr. Deputy Speaker, Sir, I beg to ask the Minister of State for Provincial Administration and Internal Security the following Question by Private Notice. (a) Could the Minister provide the names of the persons who have been attacked/killed in Migori District in 2011 in incidences involving boda boda and other traffic? (b) Have police arrested the killers of a man and his pregnant wife at Nyangumbo in Oruba Ward during the weekend of 12-13th February, 2011? (c) What immediate security measures has the Ministry put in place to combat the rising insecurity in Migori, which is now a threat to business in the region?

Mr. Deputy Speaker, Sir, my colleague, hon. Ojode, has requested that this Question and another Question, which should come subsequently; be deferred to tomorrow afternoon. He called me a few minutes ago to say that he is not available.

You should realize that it is a Question by Private Notice.

On a point of order, Mr. Deputy Speaker, Sir. The hon. Assistant Minister is here in his capacity as a Minister in the Office of the President to which the Question has been directed. Is he asking for leave of the House, so that he can answer it later or so that another Minister can answer it later, yet he is the Assistant Minister in the Office of the President?

I hope you understand the doctrine of collective responsibility. You do not come in as the agent of hon. Ojode, your fellow Assistant Minister. You come in as an agent of the Government. However, you are asking for the indulgence of the Chair to answer this Question tomorrow. Is that okay, hon. Pesa?

Mr. Deputy Speaker, if it is the ruling of the Chair, I will accept it, but I want you to note that there are a lot of security problems in Migori at the moment.

Very well. The Chair directs that this Question appears on the Order Paper tomorrow afternoon.

Mr. Letimalo is not here? We will come back to this Question later. Next Question by hon. Kabogo!

asked the Minister of State for Provincial Administration and Internal Security:- (a) whether he is aware that a police dog from Gatundu Police Station killed one Lucy Wairimu Githuku as per the postmortem report conducted at Bishop Okoye Hospital; (b) whether he is also aware that the police dog in question tested positive for rabies as per the laboratory report of the Ministry of Livestock Development dated 28th July 2010; and, (c) when the Ministry will compensate the family of the deceased who was the sole breadwinner of the family.

Mr. Deputy Speaker, Sir, again, I seek the indulgence of the House for this Question be deferred to tomorrow when hon. Ojode will answer it because I do not have an answer.

Mr. Deputy Speaker, Sir, while I appreciate the frustrations of the Assistant Minister because of the absence of his colleagues, it seems that the Government is not taking seriously the business of this House. This is the second Question this morning where the Assistant Minister is asking for more time, so that another Minister can come and answer them. You realize that these Questions have been queuing in the House since October. When the chance comes for a Question to be answered, they want to seek an easy way out by saying that another Minister is not in. We seek your direction.

Mr. Assistant Minister, we have just seen that Ministers have been in trouble with the Chair because of failing to take their responsibility seriously on the Floor of the House. You will not be allowed that leeway. Ministers should take their work seriously. The Chair directs that this Question appears on the Order Paper for tomorrow afternoon.

Mr. Ochieng is not here? We will come back to his Question later. Next Question by Mr. Affey!

asked the Minister for Water and Irrigation:- (a) whether she is aware that the National Water Conservation and Pipeline Corporation has not paid M/s Ismaj Garage Transporters Kshs3,230,000 for works done at Dadh-Dere Water Pan in Fafi District on 20th June, 2008; and, (b) whether she could explain the delay in payment and state when the corporation will pay the contractor.

Mr. Deputy Speaker, Sir, I beg to reply. (a) Yes, I am aware that M/s Ismaj Garage Transporters has not been paid for works done at Dadh-Dere Water Pan in Fafi District on 20th June, 2008. (b) The delay in payment to M/s Ismaj Garage Transporters was occasioned by the fact that at the time the National Water Conservation and Pipeline Corporation encountered cases of fictitious claims and undertook to verify all pending bills to ascertain those which were authentic for settlement. The verification exercise, which is being undertaken by a forensic audit firm, is due to be completed this month after which payment of genuine claims will be initiated. The National Water Conservation and Pipeline Corporation will then communicate to M/s Ismaj Garage Transporters on the same.

Mr. Deputy Spe4aker, Sir, you can see clearly how this Assistant Minister is working. He is a good friend of mine but apparently on this one, I think he has failed the test of leadership. He is saying that he is aware that M/s Ismaj Garage Transporters have not been paid for three years. He is also saying that Dadh-Dere Water Pan in Fafi District has been completed. If he is aware that the job was contracted and done, is it the responsibility of M/s Ismaj Gargage to wait for an audit which is an internal matter? Why does he not pay them for the job that they have already done? Could he confirm that today these transporters will be paid their money? This is because these contractors have been coming to Nairobi for three years to visit the National Water Conservation and Pipeline Corporation to seek payment for a job that has been done to the satisfaction of the Ministry.

Mr. Deputy Speaker, Sir, I apologize for the delay in payment of genuine contractors who have done a very good work for NWCPC. Unfortunately, as everybody is aware, there was a fire outbreak at the NWCPC, which razed down all the buildings and documents there and, thereafter, we were not exactly aware of who was the genuine creditor and who had not been paid. We invited some auditors and they are still verifying the documents against the work done. This work is going to be completed this month, after which M/s. Ismaj Garage will be paid.

How long is “after which”?

Mr. Deputy Speaker, Sir, we have the money to pay them only that we are waiting for that forensic audit to be completed.

Fair enough! Give us a firm undertaking that as soon as the forensic audit is completed at the end of this next month, the contractor will be paid his dues.

Mr. Deputy Speaker, Sir, I confirm that I will make the payment before April, and after the audit is completed and M/s Ismaj Garage is found to be one of the genuine creditors.

Mr. Deputy Speaker, Sir, this is how our Government frustrates businessmen. Assuming that this businessman borrowed this Kshs3.2 million from a bank, are you convinced that this person is going to make any profit? Are you committed to pay this person his money plus interest, so that we can protect the business community of this country?

Mr. Deputy Speaker, Sir, we sympathize with the situation, but as you are aware, we had that fire which razed down the NWCPC buildings and documents. It is true that it happened. We requested all the creditors to come with the original documents of contract and---

On a point of order, Mr. Deputy Speaker, Sir. You have listened to the Assistant Minister and he has accepted that this contractor won the tender. Is he in order to doubt that the contractor did the job?

Mr. Deputy Speaker, Sir, I am confirming that the contractor did the work, and actually the water pan is in operation. It has water in Fafi District; that is not in doubt. However, as you are aware, the documents were burnt and we had not paid some contractors. Thereafter we invited the creditors to come with their original documents. The ones that came immediately with the original documents have already been paid. We have to verify from our records that those people who are claiming not to have been paid were actually not paid. The only way to go is to get that audit report, which will be out by the end of this month. I promise that I will make the payment before the end of April.

Mr. Deputy Speaker, Sir, this is a question of policy, particularly of this e-government. An e-government envisages this kind of a situation. A place can catch fire, but because you are IT compliant, a creditor can always be traced elsewhere. Could the Assistant Minister confirm that this is the situation, and that this debtor can be traced elsewhere? This is possible in an e-government.

Are you e-compliant or are you confirming that you have already had a terrible experience?

Mr. Deputy Speaker, Sir, that is what we are doing now. We want to make sure that we computerize all our departments and install a server in the Ministry Headquarters to keep the documents.

Mr. Deputy Speaker, Sir, obviously, there are very many contractors who are suffering like this one. Why did the auditors not just audit one by one and pay them as opposed to auditing all and then start paying them the exercise is complete? Why did they not audit one contractor and pay if the work had been done satisfactorily? In other words, why did they not pay as they audit was going on instead of waiting for the entire report?

Mr. Deputy Speaker, Sir, you are aware that the National Water Conservation and Pipeline Corporation is a big organization. We had a long list of debtors. So, it was only wise that they do the whole job, we prioritize and start paying. We have no problem paying. We are only waiting for that report which will be ready by the end of this month.

The last supplementary question on the same, Mr. Affey!

Mr. Deputy Speaker, Sir, it is quite clear from the confirmation the Assistant Minster has given that this job was done three years ago. These are small time contractors who have utilized all their resources on the project. The Assistant Minister has confirmed that the contractor has done his job. That pan is being utilized as we speak today by the people of that area. Now that he has confirmed that the pan is operational and the contractor has not been paid, we want one categorical statement to the effect that by the end of April, this contractor will be paid all his dues so that he can recover the losses. He is a competent contractor. Could the Assistant Minister confirm that he will allow him to do more jobs for this corporation and pay him so that he can recover from the losses that he has already incurred?

Mr. Deputy Speaker, Sir, I confirm that we shall pay this contractor before the end of April and in future, if we will have other works in the same district, we will give him the first priority.

Fair enough! Let us move on to Next Question, Mr. Ethuro!

Mr. Deputy Speaker, Sir, I have not received a copy of the written answer.

asked the Minister for Water and Irrigation:- (a) whether she could provide a schedule of monies, if any, disbursed to the Lodwar Water and Sanitation Company Limited (LOWASCO) since the 2007/2008 Financial Year; (b) how much money the Government departments, including parastatals, owe the company per annum; and, (c) what urgent measures she is taking to ensure that Government departments pay their bills to the company.

Do you wish to proceed and interrogate the Question without the benefit of having a copy of the written answer or do you want us to defer it to another date?

Mr. Deputy Speaker, Sir, I would like to proceed without a copy of the written answer but I would like the Chair to reprimand the Minister for not providing me a copy of the written answer.

Mr. Deputy Speaker, Sir, I seek your indulgence to have this Question deferred because the answer is not ready.

Why is it not ready?

Mr. Deputy Speaker, Sir, there were some facts that were missing and I was told that they will finish today.

This Question was filed way back. You had all the time, not less than two months, to prepare the answer.

Mr. Deputy Speaker, Sir, I can come with the answer in the afternoon or tomorrow. I promise to have everything ready by tomorrow.

Mr. Ethuro, are you comfortable with having the Question on the Order Paper tomorrow in the afternoon?

Mr. Deputy Speaker, Sir, tomorrow afternoon is good enough now that you have agreed with me that this Question was filed a long time ago. The Assistant Minister has answered the preceding Question, which is No.736. Surely, he ought to have the answer.

Fair enough! The Chair directs that the Question appears on the Order Paper tomorrow in the afternoon. In the meantime, Mr. Assistant Minister make sure that the Questioner has a copy of the written answer in advance, at least two hours before the House meets tomorrow in the afternoon.

I will do that, Mr. Deputy Speaker, Sir.

Next Question by Mr. Kiuna!

asked the Minister for Education:- (a) whether he is aware that Marioshoni Secondary School in Elburgon Division, Molo District, is a registered public school but has not been receiving Free Secondary Education Funds; and, (b) when the school will start receiving the funds.

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

Marioshoni Secondary School in Elburgon Division is a registered public school. It is true that it has not been receiving free secondary education funds and it should have been receiving the funds. So, with immediate effect, the school will start getting the funds. I will ask the hon. Member to come to my office so that we can make sure that the school gets the funds. This should apply to all the other schools. Hon. Members should note that it is a firm Government policy for schools that are registered to get their funds.

Mr. Deputy Speaker, Sir, as I concur with the Assistant Minister, I will abide by his advice. I hope that it will not be the usual caucus that they normally take us through.

The Assistant Minister has given a firm undertaking on the Floor of the House and it will be in the HANSARD and he will be held by that.

I am satisfied, Mr. Deputy Speaker, Sir.

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

Order, Mr. Outa! Are you sure you want to ask a question about Marioshoni Secondary School?

It is a point of order, Mr. Deputy Speaker, Sir.

Proceed!

Mr. Deputy Speaker, Sir, is the Assistant Minister in order to tell the hon. Member to go to his office? Does the Ministry have any policy?

Mr. Deputy Speaker, Sir, I have said that it is a Government policy that all registered public schools get their funds and for the hon. Member to be satisfied, he can personally come to my office. Even Mr. Outa can come to my office.

Fair enough! I think the Assistant Minster has given an undertaking that is specific as well as general.

Next Question by Mr. Washiali!

asked the Minister for Roads:- (a) to inform the House when the tarmacking of Busia-Malaba road (C43) will commence; and, (b) to also state the total cost of all the works involved.

Mr. Deputy Speaker, Sir, I beg to reply. (a) My Ministry has commissioned a consultant to design the road to bitumen standards. We expect that the consultant will report by April this year. Thereafter, the road will be considered for upgrading to bitumen standards on priority basis in 2011/2012 Financial Year. (b) The estimated cost of the works will be known when the design is completed.

Mr. Deputy Speaker, Sir, I also want to take this opportunity to thank the Minister for the answer after saying that he has commissioned a consultant to look into the design of this road. From his answer, he has talked of priority. That is where the catch is. How do you prioritize the roads that you have to construct? Which criteria do you use? This road links two very important towns at the border. It links us to the central bloc of the African Continent. When there is a breakdown at the border of Malaba, there is a traffic jam extending to about six kilometres. That also applies to Busia. To me, this road should have been given the urgency it deserves.

Mr. Deputy Speaker, Sir, first of all, I will spend Kshs15 million on consultancy. Secondly, under the Medium-Term Expenditure Framework within the road sector investment programme that places roads in groups of five years at any given time, the road has been prioritized to be in improved to bitumen standards within the 2011/2012 Financial Year.

Mr. Deputy Speaker, Sir, while appreciating the answer given by the Minister, it is important that he indicates to this House the efforts that have been taken to maintain these roads to motorable standards all the time.

Which roads?

All the roads, Mr. Deputy Speaker, Sir.

Mr. Deputy Speaker, Sir, we maintain the roads as much as is possible with the finances available.

Mr. Deputy Speaker, Sir, the Minister has commissioned the design of the road to be undertaken. He has said that after the design has been done, the designer will come up with the cost of putting up the road. He has confirmed that this road will be constructed during the 2011/2012 financial year. How much money is available for the construction of this road?

Mr. Deputy Speaker, Sir, I said that we will factor the project into the financial year 2011/2012. Therefore, we cannot say how much money is available. We do not have money waiting for a road to be constructed. We work in terms of financial years. In our Medium-Term Expenditure Framework, we have planned to have it in the year 2011/2012. I hesitate to indicate that we estimate that it will cost Kshs2.5 billion. That is an estimate. We are still waiting for the designer to give us the actual cost as he has already gone to the site. He will get to know the condition of the road, the areas that require more attention, the marshy areas and the rocky areas. These will determine the cost of doing that road.

Last supplementary question, Mr. Washiali!

Mr. Deputy Speaker, Sir, I am yet to be satisfied with the response from the Minister on the criteria used in allocating money to particular roads. To me, this is a very important road. I have asked a very specific question. When the Malaba border breaks downs, trucks have to stay there for a whole week. For those who are able to afford it have to drive back to Bungoma, come back to Mumias and then connect to Busia Town. This is a stretch of about 40 kilometers. What criteria do you use in prioritizing your roads?

Mr. Deputy Speaker, Sir, I had indicated that in the Ministry of Roads, we have the Road Sector Investment Programme (RSIP). This has placed into perspective all the roads in the country taking into account the economic status of each road by way of the economic value of an area and traffic. I want to indicate that yes, indeed, this particular section connects Malaba, which is a border post, to Busia, which is also a border post. We are constructing the road from Webuye to Malaba as part of the Northern Corridor. We are recarpeting the road from Kisumu to Busia as part of Northern Corridor. So we see it as a very crucial connection between the two border points, just in case there are problems at one border point. As we continue constructing these main corridors towards the border with Uganda, we also want to facilitate inter-connection between the two points that connect us to Uganda.

Next Question by Dr. Kones!

asked the Deputy Prime Minister and Minister for Local Government:-

Mr. Deputy Speaker, Sir, I beg to reply. (a) Konoin Constituency is one of the 210 constituencies meant to benefit from the Economic Stimulus Programme market component. The County Council of Bureti had identified a site at Kaptebengwet for the market. The delay in the construction of the fresh produce market for Konion was caused by two main reasons. The project was advertised by the Office of the Deputy Prime Minister and Ministry of Finance on 25th September 2009, and handled through the CDF framework. My Ministry was supposed to validate awards and contract after getting the requisite tender documents from the CDF. The tender was received from the CDF on 12th March 2010. (b) The Ministerial Tender Committee awarded the tender on 7th April 2010. However, the necessary pre-contract documents, that is, the performance bond, programme of work and cashflow, were only presented on 28th September 2010. A contract with M/s. Wilkori Building Civil Engineering Contractors was signed on 28th December 2010. Mr. Deputy Speaker, the order to commence work was issued on 4th October 2010. The Town Clerk and Bureti County Council had not been able to hand over the site because of the differences between the contractor and the local leaders. The matter is now resolved and work is due to commence within two weeks.

Mr. Deputy Speaker, Sir, last week, the Assistant Minister answered a similar Question on Cherangany. It is apparent that the Ministry seems to have a problem with capacity to handle this stimulus programme. You can see that since March last year when the CDF met and approved contractors for this programme, it has taken the Ministry close to one year and the contractor has not been on site. The Assistant Minister has said there have been differences between the contractor and the local leaders. Could he tell me the specific differences because I am not aware of any differences?

Mr. Deputy Speaker, Sir, I do not have the specifics of the differences, but I have been told that the differences have now been resolved and work will commence within two weeks.

On a point of order, Mr. Deputy Speaker, Sir. Is the Assistant Minister in order to mislead the House that there were differences when there have never been any differences?

Mr. Assistant Minister, the provisions of the Standing Orders are clear that any statement of fact you make must be substantiated. You have already indicated that there were differences that created the extra-ordinary delay in the implementation of the project. What were the differences? That is what the hon. Member is asking.

Mr. Deputy Speaker, Sir, I received the full document a few minutes ago. I would want to look at it in full and give the specifics of what the differences were.

In those circumstances, you are demanding that the Question be deferred to another day?

I would prefer that, Mr. Deputy Speaker, Sir.

Fair enough. The Chair directs that this Question be deferred to Tuesday next week.

Next Question by Mrs. Leshoomo.

alimuuliza Waziri wa Uchukuzi:- (a) kama ana habari kwamba uwanja mdogo wa ndege wa Baragoi katika Wilaya ya Samburu Kaskazini uko katika hali mbaya; na, (b) hatua atakayochukua kuhakikisha kuwa uwanja huo umerekebishwa.

Waziri wa Uchukuzi! Ningetaka Mawaziri, walioko katika kikao watueleze kwa nini mwenzao hayuko tayari kujibu hili Swali.

Bw. Naibu Spika, sielewi ni kwa nini mwenzangu hayuko lakini lazima yuko kazini mahali kwingine. Ninaomba Swali hili liahirishwe mpaka labda wiki ijayo.

Bi. Leshomo, Serikali inaomba ipewe muda zaidi. Unaonaje kama Swali hili litawekwa katika Orodha ya Maswali Jumanne wiki ijayo?

Asante, Bw. Naibu Spika.

Nimeamuru swali hili liwe katika orodha ya maswali ya Jumanne wiki ijayo.

Next Question by Mr. Bahari!

asked the Minister of State for Immigration and Registration of Persons:- (a) how many persons have applied for national identity cards in Garba-Tulla District since 2007; (b) whether he could state how many applicants have so far been issued with national identity cards in the district, indicating their respective dates of issue; and, (c) what measures he is taking to speed up issuance of the document in the district.

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

Mr. Deputy Speaker, Sir, I am a bit surprised. While thanking the Minister for the answer, from the list he has tabled, the district is shown as Isiolo and from the answer, the district is Garba-Tulla. So, I am not sure how to respond.

Also, in 2007, the applicants were 1,780 but in part “b” of the answer, those issued with the identity cards were 1,834, which means they were more than the applicants. I doubt whether due care has been exercised in giving this answer and whether the Minister can clarify why there is a mix up.

Mr. Deputy Speaker, Sir, the Question as I have it on the Order Paper and as I have it, although asked by the Member for Isiolo South, it was about Garba-Tulla District. I do not know where that mix-up came from. I do not know where the difference came from because I am not sure how the districts have been created now. But the answer I have is for Garba-Tulla District. The mix-up is on the figures of the applicants in 2008, especially where I have said there were 330 applicants, but the answer says that those who were issued were 467. I think I should look at that again and bring a more accurate answer. I am sorry for that.

Mr. Bahari, would you want the Question to be deferred so that you have a more comprehensive answer? The Minister has said that he has noticed some anomaly which is just natural.

Mr. Deputy Speaker, Sir, since he has been a friend of mine for a long time, I will allow him that room.

Would you mind next week on Wednesday morning?

Mr. Deputy Speaker, Sir, I would prefer the Question to be answered after next week because I will be away on parliamentary business.

I direct that it be answered the week after next week on Wednesday morning. Minister, is it okay with you?

Mr. Deputy Speaker, Sir, I think it is a small mishap which I will get to know and clear.

The Chair has also noticed that whereas you could assume that Garba-Tulla was one time part of Isiolo District, but again from the dates, some of them indicate as recent as 2010.

Mr. Deputy Speaker, Sir, I will look at that.

Fair enough! The Chair directs that this Question appears on the Order Paper---

Mr. Deputy Speaker, Sir, if you allow me; I have some information that explains what I was not sure about. Garba-Tulla District is a new district which was created in 2007 and was a division in the former larger Isiolo District. It has three divisions namely, Garba-Tulla, Sericho and Kina. All the registration activities used to be conducted by the District Registrar, Isiolo. There is a possibility that some of the Garba-Tulla District residents were registered elsewhere within the larger Isiolo District. So, I will look at the details and then I come with a more comprehensive answer.

Fair enough! The Chair directs that the Question appears on the Order Paper two weeks from today.

Next Question, hon. Letimalo!

Mr. Deputy Speaker, Sir, I apologize for coming late.

asked the Minister of State for Provincial Administration and Internal Security:- (a) whether he could provide the details and number of chiefs and assistant chiefs in the country indicating their grades/ranks and their administrative units; (b) whether he could also provide a list of all chiefs and assistant chiefs in the larger Samburu County promoted in the last five years, indicating their respective new grades/ranks, date of promotion and their administrative units; and, (c) what the criteria used in promoting chiefs and assistant chiefs in the country is.

Mr. Deputy Speaker, Sir, I request for more time to get the details of the 10,000 or more chiefs and assistant chiefs. That information is not yet ready.

How much more time do you need?

Mr. Deputy Speaker, Sir, I request up to Wednesday afternoon, next week.

You realize you have already had such a long time because this Question was filed months ago. I hope that you will have the answer by next week.

Mr. Deputy Speaker, Sir, I do apologize. I will try my best. The answer I have on the table is inadequate.

Fair enough! The Chair directs that this Question appears on the order paper next week on Wednesday morning.

Next Question by Mr. Pollyins Ochieng!

asked the Minister for Energy

Where is the Minister for Energy! Mr. Kajwang, where is your colleague?

On a point of order, Mr. Deputy Speaker, Sir. This Question actually targets the purported opening of this particular project by the Kenya Pipeline Company where the President and the Prime Minister were duped into opening or commissioning a project that was never there. Is that the reason why the Minister is not here?

Hon. Minister, could you give an undertaking on this Question?

Mr. Deputy Speaker, Sir, as early as Tuesday, the Minister will be here to give the answer.

What is your reaction, Mr. Ochieng?

Mr. Deputy Speaker, Sir, I will go by that.

Next Order!

Mr. Deputy Speaker, Sir, I have requests for two Ministerial Statements. The first is to the Office of the Deputy Prime Minister and Minister for Finance regarding the filling up of the post of the Governor of Central Bank.

We are aware that this position falls vacant next week. I will seek a Statement from the Minister confirming that the filling up of this position, being a constitutional office, will be transparent, competitive and will be preceded by advertisements so that we do not go into a crisis similar to what we have just gone through with regard to the four nominees to the various constitutional offices.

Order! Mr. Minister, can you give an undertaking on that Ministerial Statement directed to the Office of the Deputy Prime Minister and Minister for Finance?

Mr. Deputy Speaker, Sir, this is an urgent matter and I will inform the Deputy Prime Minister and Minister for Finance to be in the House on Tuesday, next week. I think you will give the Deputy Prime Minister and Minister for Finance time to consult. I also think there is something about the Governor and the board. He will touch on the two issues in the Ministerial Statement.

On a point of order, Mr. Deputy Speaker, Sir. This is the recruitment of the Governor of the Central Bank of Kenya. I think the Government should be very clear on how this process should be done. So, if this House seeks for information, I think it should be provided immediately. In which case, because of the urgency, I request the Deputy Prime Minister and Minister for Finance to deliver this Statement tomorrow in the afternoon.

On a point of order, Mr. Deputy Speaker, Sir. In view of what my colleague has just said, this is a matter of national interest and as the Mr. Imanyara has said, this position will fall due next week. We would like to get the Minister’s Statement so that we can engage him in the event it goes counter to the new constitutional dispensation. In that connection, we urge that this Statement be delivered tomorrow.

Mr. Deputy Speaker, Sir, I think that the Questioner would like the Deputy Prime Minister and Minister for Finance here personally. I am sure he would like an in-depth statement on this matter which will dispel any fears that something may not go right. I am not so sure that the Deputy Prime Minister and Minister for Finance will be in Nairobi tomorrow. I think this is a matter that he should deal with personally. He will satisfy all parties that it has been dealt with in-depth and the earliest opportunity after tomorrow is Tuesday.

Fair enough! The Chair directs that this Ministerial Statement be availed to the House on Tuesday next week. Is that okay, Mr. Imanyara?

Thank you. That suits me, Mr. Deputy Speaker, Sir.

The Ministerial Statement you are seeking is being directed to which Ministry?

Mr. Deputy Speaker, Sir, it is being directed to the Ministry of Foreign Affairs.

Proceed!

Mr. Deputy Speaker, Sir, while in Libya as a representative of the African Union (AU) last year, I had the opportunity of visiting a number of towns and I met a number of Kenyans who said that they had gone to Libya for religious training, but they found themselves being trained as soldiers. I seek a Ministerial Statement from the Ministry of Foreign Affairs to assure this House that there are no Kenyan mercenaries in Libya. If there are any, what steps have been taken to ensure that they are returned home? Secondly, is the Ambassador and the staff of the Kenyan Mission in Libya safe and will they be returned home as soon as possible?

Mr. Deputy Speaker, Sir, this is a matter that requires some quick investigation just to know the status of the safety of our staff in Libya. It is a matter that has got everybody by surprise, both internationally and here at home. I am sure the Minister is seized of the matter. I think there should, at least, be some preliminary statement tomorrow even as we continue to investigate this matter so that Kenyans can know that our people are safe. On the matter of mercenaries, it is a more in-depth matter. The Minister will confirm when he will bring a more detailed Statement. However, a preliminary Statement on the safety of Kenyans will be issued tomorrow and I undertake to inform the Minister.

That is fair enough! The Chair directs that this Ministerial Statement be available tomorrow in the afternoon. Let us move on to the next Order!

Mr. Oyongo Nyamweya was on the Floor. Is he not here? Proceed, Mr. Wamalwa!

Thank you, Mr. Temporary Deputy Speaker, Sir. I rise to support the Motion by Mr. Ogindo. I want to thank the hon. Member, who is my good friend, for bringing such an important Motion at a time when we are, as a country, beginning to appreciate the importance of having a new Constitution. This is a Constitution that apart from Article 211 under which this Motion has been brought, also under Article 35 gives, for the first time, Kenyans a right to information. It is now a right of every citizen to have access to information held by the State. Mr. Temporary Deputy Speaker, Sir, we must also appreciate the position taken by the two principals yesterday by managing to rise above their differences and diffusing the tension that was threatening the implementation of the Constitution in this country. We thank the President and the Prime Minister for providing leadership yesterday. Today, this nation is taking a sigh of relief because of what happened yesterday. We are very optimistic that the journey towards the implementation of the new Constitution will now proceed. We hope that with sobriety and putting aside partisan interests we can, as a country and as leaders, ensure that Kenyans enjoy these fruits.

Shame!

Mr. Temporary Deputy Speaker, Sir, coming from the farming community and the bread basket of Kenya, I know the problems that farmers are experiencing. I know that every year, we do prepare our land but we never get fertilizer at the right time. We know that because of the importation of fertilizer from other countries; the delays at the Port of Mombasa and the escalating costs of receiving goods at the Coast because of piracy, farmers are suffering. This is because they do not get fertilizer on time. However, when it arrives at the port, apart from accessing it, it is too expensive for most farmers to afford. Mr. Temporary Deputy Speaker, Sir, when we have high production cost in terms of inputs in agricultural sector, you will find that the same farmer who has spent over Kshs3,000 in buying a bag of fertilizer is being paid less than Kshs2,000 for a 90- kilogramme bag of maize. Farmers cannot break even. So, unless we, as a country, come up with proper strategies that can ensure that we have accessibility and affordability of inputs for our farmers, we will continue staying on the list of food insecure nations of the world although we have the capacity and land that can enable us produce food for ourselves. We can produce enough food to even feed this country and other countries beyond.

Mr. Temporary Deputy Speaker, Sir, in the 1970s, this country came up with the idea of establishing a fertilizer factory in keeping with the vision of our founding fathers that we, as a nation, must conquer hunger, poverty, diseases and ignorance. About 47 years later, we are still a food insecure nation. The other week, it was very saddening when we listened to, the Minister of State for Special Programmes, hon. Ms. Murugi Mathenge, who issued a Statement in this House saying that up to now close to three million Kenyans are on relief food. Through the Protracted Relief and Recovery Programme (PRRO), the country sets aside money to feed one million Kenyans who depend on relief food. Apart from that, through the World Food Programme (WFP),

Mr. Temporary Deputy Speaker, Sir, thank you very much for giving me the opportunity. From the onset, I support this Motion. I want to thank the hon. Member who has brought this Motion because it deals with an issue that is about to gain the infamous title of being a historical injustice, simply because we never get information on these issues. We thank God that the new Constitution in the provisions of Article 211(2) allows us now to ask the difficult questions that for long the Government has been able to use the excuse that these are issues of national security and, therefore, cannot explain, where billions of our shillings go to these companies. To me, this is really one of the beauty of this new Constitution.

Mr. Temporary Deputy Speaker, Sir, I want to take this opportunity, first of all, to congratulate Mr. Ogindo, who is a fellow Member of the Committee on Budget. He has been very consistent in bringing up issues that affect public finance. So, first of all, I want to thank him because he has managed to bring this Motion to the Floor of the House. I also want to congratulate the person who seconded him for the good work and words; and all the hon. Members who have supported this Motion.

I have just three quick points that I want to make on this Motion. First of all, I want to repeat what has been said by fellow speakers who have spoken before me. This is a new era in the Constitution. The country now is operating from a completely different era that was brought about by the passage of the new Constitution. I want to specifically quote Chapter 12 on public finance which states in Article 201that one of the guiding principles in the management of public finance is: “There shall be openness and accountability, including public participation, in financial matters.” This Motion, if I may begin from there, is simply asking the Deputy Prime Minister and Minister for Finance to, within seven days of the resolution of this House, provide information concerning the loans and debts owed by the Republic of Kenya as at 31st December, 2010. Then, it goes on to list the specifics!

Mr. Temporary Deputy Speaker, Sir, the constitutional principle of openness, therefore, beckons the Minister to comply with this Motion as soon as possible. In fact, it should not be a matter of this House to debate and prompt him to comply. If the Treasury is listening and it is present here – it is not here; the Assistant Minister is not here--- But if I were them, I would concede to this Motion even before the resolution is made and provide the necessary information on Public Debt so that Kenyans can see that there is transparency in the Treasury. That transparency has been lacking for very many years. Even for us who are in the Budget Committee, we struggle to get information from the Treasury. We struggle to get people to answer questions like this. We struggle because the Treasury is still managed by the old mentality of shackles of secrecy and secrecy of monies that does not belong to them but they belong to the entire nation. I want to urge this House to quickly pass this Motion and the Treasury should quickly comply with the requirements of this Motion.

Thank you, Mr. Temporary Deputy Speaker, Sir. I stand to support this Motion. I want to start by thanking the hon. Member for introducing such a Motion.

Are you responding on behalf of the Government or you are making your contribution?

No, I am making a contribution. Mr. Temporary Deputy Speaker, Sir. It is quite shocking that even under this new constitutional dispensation we can still talk about such big white elephants as the KenRen Chemicals and Fertilizers Company. It is true that we have a new Constitution which has provisions that give every Kenyan a right to know how public finances are expended. We cannot expect Kenyans to continue paying taxes while we deny them an opportunity of knowing exactly what their money is used on. Mr. Temporary Deputy Speaker, Sir, it is not right for any Kenyan or human being to consider themselves independent when they do not understand the extent to which they are indebted and to whom they are indebted. Therefore, this Motion must be supported by the Government side and all Kenyans represented here by hon. Members. We should not just talk about having a new Constitution, but we must show as legislators, that we support the spirit contained in the new Constitution. Up to now we are still paying loans that are questionable and which have been the subject of investigations even under different management of the Kenya Anti-corruption Commission. It is really not right that we can call ourselves an independent country supporting the independence of certain institutions when their findings that have been presented in this House are not being acted upon. With those few remarks, I beg to support the Motion.

Bw. Naibu Spika wa Muda, naomba nichukue nafasi hii nitoe mchango wangu juu ya Hoja hii. Kwanza, ningependa kumpongeza Bw. Ogindo kwa kuleta Hoja hii hapa Bungeni Katiba yetu ya sasa inatupa nafasi ya kuelezana mambo kwa uwazi. Huu ni uwazi wa makadirio ya pesa na shughuli za Serikali kwa jumla. Mara nyingi makadirio ya pesa za Serikali yanaficha mambo mengi. Hoja hii inalenga madeni ya Serikali yetu na kutaka yawekwe wazi. Kwa nini Serikali inaona shida kuwaambia Wakenya kuwa kabla tupate Uhuru kulikuwa na madeni haya, na tangu tupate Uhuru tumekuwa na madeni haya mpaka siku hii ya leo? Wakati mwingine Kamati inayohusika na matumizi ya pesa za Serikali hapa Bungeni humwalika Naibu Waziri Mkuu na Waziri wa Fedha kuja mbele yake ili aeleze juu ya deni letu. Yeye huona vigumu kuja mbele ya Kamati na kueleze wamekopa kiasi gani cha pesa. Inakuwa ni vuta ni kuvute. Hoja hii inaipa nafasi Bunge kumshurutisha Waziri wa Fedha kufika mbele ya Bunge na kueleza mengi kuhusu deni la Serikali. Ni lazima aeleze kinagaubaga deni la Serikali.

Mr. Temporary Deputy Speaker, Sir, I want to take this opportunity to contribute to this very important Motion. First of all, let me thank the Mover of the Motion, Mr. Ogindo, for bringing this very timely Motion. I also support the spirit and content of the Motion. You will realize that this country has continued to accumulate debts. It is, therefore, important that Kenyans are well informed of those debts and the paying programmes so that our country is not taken hostage by people who have loaned money to our country. Presently, about Kshs1.2 trillion is already loaned to our country. We want to understand the measures the Government is taking to reduce those huge debts. Recently,

Thank you, Mr. Temporary Deputy Speaker, Sir. I would like to thank the Mover for moving this Motion. The Motion is very timely and, more so, after we passed the new Constitution in this country. There is a tradition in this country that is very worrying; lack of openness. Things are done in a way that people do not know what is happening. This Motion by Mr. Ogindo tries to make the Ministry and the Government accountable to the people of Kenya. The people of Kenya are known to make very good policies. Once those policies are made, very little is done in terms of follow up to ensure that they are implemented. In accounting, there is what we call the income and expenditure account. The income and expenditure account must balance. So, when we talk about public debts, when the country owes other countries, the debts must be reflected to balance our accounts. I wonder whether the income expenditure account of this country has been balancing. The Ministry should actually be able to tell the country how it is balancing its income and expenditure accounts for every year - I hope that will satisfy the people of this country.

With regard to public debts, we normally borrow debts to pay capital expenditure and sometimes recurrent costs. When we invest whatever we borrow wisely, then we are likely to realize the value of that loan. However, if it is not prudently managed, then the country will continue to incur so many debts and it is likely to be auctioned by other countries or creditors. Prudent management is key to survival of every country. Good policies are good for a country. I would actually encourage the Ministry to apply good policies to ensure that whatever we ask from our well wishers and neighboring countries, we pay and account for it. Surprisingly, every year, whenever the Budget is being read, we allocate little funds to our projects. Most times we rely on grants and external debts. I want to put it clear to the Government: When will this country rely on its own revenue and fund its own Budget?

It is sad to realize that the countries that got Independence at the same time with Kenya are able to finance their own budgets and rely very little on external debts. We would wish Kenya to rely on its revenue. This will only happen if we manage our taxes well, just like those other countries. This is because the countries that we normally rely on only collect their taxes and rely on them. We, therefore, want to encourage prudent management of our taxes in order to enable us fund our national budgets every year.

If there was good management of our resources, this country would not be in the same position it is today. In Kenya, we lack so many things. Our children may not go to school because of poverty; our roads are full of potholes; and we rely on relief food. It is terrible for a country which attained Independence 47 years ago to rely on relief food and also external debt to fund its Budget.

Mr. Temporary Deputy Speaker, Sir, it is because of poor management of resources that our people are still relying on such things as relief food. I want to encourage the Ministry to come out openly and tell us how it is going to manage our public debt. About two years ago, we authorized in this House the release of about Kshs800 million to be used in the importation of maize. However, we do not know where the maize went to. So, we are paying debts for monies which might have actually ended up in people’s pockets. When the Ministry of Finance instructs other Government departments that they expect accountability, and yet there is no accountability and openness in the same

I would like to know whether there is intention on the part of the Ministry to respond today. This is because I want to know how to allocate the remaining time.

Yes, Mr. Temporary Deputy Speaker, Sir.

Mr. Temporary Deputy Speaker, Sir, I want to support this Motion. However, as I do that, I want to agree with my colleagues who have talked about gross mismanagement of resources in this country.

Mr. Mwadeghu mentioned about the Halal Meat Factory. The Ken-Ren has been a subject of interest since 1975 when the Government of Kenya entered into a contract with Enren to establish Ken-Ren Chemical and Fertilizers Limited. A lot of money changed hands. These foreign investors who were partners of some Kenyans went underground and disappeared with all the money that had been invested by the Government. The Company went into liquidation in 1978 – This is a very long time ago. Indeed, 34 years ago is not a short time. This matter has been going on without any solution. The Public Accounts Committee (PAC) has examined this matter for so many years and even given recommendations which have not been followed.

The Government as the guarantor of these loans should have made sure that in guaranteeing it, it had a fall-back position on how to recover it. What concerns us, however, is the arm-twisting of foreign governments to support their banks because some of the funds which were guaranteed were from a bank in Austria which eventually sought its Government’s assistance. When Kenya went to the Paris Club in 2000 to request for assistance with regard to rescheduling of its loans, the Austrian Government put a caveat forcing the Government of Kenya to accept to repay the debt. I see this arm-twisting from our development partners as being completely unacceptable.

Mr. Temporary Deputy Speaker, Sir, in this particular matter of Ken-Ren Chemicals and Fertilizers Company Ltd, with regard to the Government guarantee that was made; one of the claimants was a company called “Voest Limited”, which went to court and was granted the value of US$3 million as a refund that was due, due to the guarantee that was made and this company not being able to deliver. It is shocking to note that even after the Government of Kenya got that award from court, it failed to collect it.

The Public Accounts Committee (PAC) Report on the Accounts of the Government of Kenya for Financial Year 2006/2007, which I have here, was laid on the Table of this House a couple of years ago. The recommendations in it indicate that nothing had been done. One of the recommendations of the PIC was that the KACC takes up this matter and seriously prosecutes it, because the Attorney-General had failed to

Assistant Minister, it is your time to respond. You have 20 minutes. If you do not wish to utilise the entire 20 minutes, you may donate some minutes to your colleagues. What is your position? Would you like to donate some minutes to two of your colleagues?

M r. Temporary Deputy Speaker, Sir, I wish to donate three minutes to hon. Kajembe.

Mr. Temporary Deputy Speaker, Sir, I stand to support the Motion. I am very much concerned about the fertilizer plant that was supposed to be put up by Ken-Ren Chemicals and Fertilizers Company Ltd. This plant was to be built in my constituency at a place known as “Chaani”. This happened many years ago, and the project was abandoned by past regimes. An agreement was reached amongst the Government of Kenya, the fertilizers company and the Kenya Ports Authority (KPA); that in the event that project lapsed, the ownership of the piece of land on which the factory was to be built would revert back to the KPA. The project did not take off. Mr. Temporary Deputy Speaker, Sir, as the Member of Parliament for that area, together with my residents, we approached the KPA and asked them to give us a piece of land. The people wished to put up a high school. We also requested that part of that land be availed for settlement of squatters. The Provincial Administration wrote to the KPA, but they did not get any reply at all. As the MP for Changamwe, I applied on behalf of my people for a piece of land for the same purpose, but I did not get any reply from the KPA. A number of land grabbers have gone to that area and attempted to get that piece of land but we have been standing firm and saying that it will not happen. I have been consulting with colleagues in the Government with a view to having that piece of land given to the people of Chaani to put up a settlement scheme for themselves, because majority of them are squatters. We have also requested to be given part of that land to be used for putting up a high school for the local people, but the KPA has been very difficult in terms of accepting this idea from the people.

Mr. Temporary Deputy Speaker, Sir, I want to donate another three minutes to hon. John Mututho.

Mr. Temporary Deputy Speaker, Sir, I thank the Assistant Minister. I want to make very good use of those three minutes. I would like to start by advising that the Minister has nothing to do with some of the mess for which we are blaming him. These are contracts which were entered into by people who had ulterior motives. So, I would recommend to this House that we adopt a strategy of hiring international investigators and international attorneys such as Church & Church of UK, who have been on this business for over 200 years, specialising on contracts which are based on fraud and dubious characters, so that we can find a way of getting out of this mess. There is little we are getting from the Attorney-General’s Chambers. Mr. Temporary Deputy Speaker, Sir, every time we go deeper and deeper into this problem, I sympathise with Treasury, who are crucified for sins they did not commit. The Treasury tries to escape one way or the other, but they are fixed by their own people. So, I would recommend that we advertise, within this financial year, for serious international investigators to come and investigate the many “John Mututhos” of this country with a view to recovering the money we lost through this mess. From there onwards, Treasury can engage in financing productive sectors like the new proposed fertilizers factory, which is a worthwhile project. We can also go into agricultural production, so that we do not have the service industry taking up everything at the expense of the production sector. I thank the Mover of this Motion for coming up with such useful ideas. I look forward to Treasury not viewing us as adversaries but rather as allies so as to make sure that in the next couple of days, through this House’s Budget Committee, we help Treasury to get out of this mess, so that Kenya can progress forever. With those remarks, I beg to support.

Mr. Temporary Deputy Speaker, Sir, first, I would like to thank the Members for the contributions they have made to this Motion. I also want to thank the Mover for prompting us to give information, which is our obligation, as a Ministry, to provide to the members of the public. In fact, we do publish quarterly the position of public debt every year; we also have annual reports which are published. Some of the issues which are raised in this Motion are actually a subject of the Public Investment Committee (PIC). Some of them are in the Public Accounts Committee (PAC). These are subject to audit queries, which have been raised and discussed in this House for very many years; an example is the issue of Ken-Ren. It is an issue which was at its time a scandal, which actually has been discussed over and over again. It has not been resolved. I hope that we shall put our heads together and see how we can resolve some of these issues. Mr. Temporary Deputy Speaker, Sir, the issue of debts is very crucial to this country because the taxes that we collect are not sufficient to meet our needs. In order to fill the gap, we seek to get involved in debts. Our priority, as a Ministry, in relation to

Mr. Ogindo, it your time to reply.

Thank you, Mr. Temporary Deputy Speaker, Sir. Allow me to thank hon. Members of this House, who have taken their time to research on this matter and have constructively contributed to it. Mr. Temporary Deputy Speaker, Sir, I want to start by thanking hon. Mbadi who ably seconded this Motion. Hon. Nyamweya made valuable contributions in support. Hon. Wamalwa, hon. Shebesh, hon. Mungatana, hon. Ongoro, hon. Mwadeghu, hon. Njuguna from Lari, hon. Magwanga, hon. Onyancha, hon. Kajembe, hon. Mututho and, of course, not to forget the valuable commitment from the hon. Assistant Minister, Dr. Oburu Oginga. Mr. Temporary Deputy Speaker, Sir, I appreciate the commitment from the Assistant Minister, but from the ouset, allow me also to add that some people were asking: “What mischief is in this Motion”? I want to say that there is no mischief. On behalf of the committee, I believe we are seeking to establish about three things. One, we

Mr. Temporary Deputy Speaker, Sir, I beg to move the following Motion:- THAT being aware of the need to establish a fertilizer factory in the country, noting the efforts made so far by the Government of Kenya both nationally and regionally in setting up such a factory, conscious of the suffering of farmers for lack of readily accessible and affordable agricultural inputs especially fertilizer, appreciating the need to enhance productivity in order to ensure national food security, this House resolves that the Government takes immediate and urgent steps to establish a fertilizer factory in Kenya as soon as is practically possible.

Mr. Temporary Deputy Speaker, Sir, I had indicated in the previous Motion that I would be moving this Motion. One of the issues that was part of the previous Motion was the issue of a fertilizer factory called “Ken-Ren” that was supposed to have been established in the 1970s. This shows that the Government had initiated the process and it is something that it has been thinking about since the 1970s. The Government had even attempted to establish the factory but from what we have seen in the Controller and Auditor-General’s report, it is clear that Kenyans were ripped off through this initiative. Indeed, it is a sad story that to date, Kenyans are still paying for a fertilizer factory that was never established because of commitments that the Government had made earlier.

Our founding fathers had identified three main enemies of our nation that they sought to conquer and amongst the three was that of poverty and hunger. There was that of ignorance and disease but if you look at what has happened through the years, you will find that it is a sad story that in spite of setting out to conquer hunger and poverty as a nation of 47 years, we are still food insecure. Part of the reason of our failure to achieve national food security or remove our nation from the list of food insecure nations of the world is the high cost of production and particularly the problems that farmers are facing in accessing fertilizer on time and at affordable prices. We know that long after Independence and our founding fathers had set out to conquer hunger, several nations met in September, 2000. Those were 189 United Nations member states that acknowledged the urgent need to free men, women and children of the world from the dehumanizing condition of extreme poverty and hunger. They identified certain goals that they called “The Millennium Development Goals (MDGs)”. The first goal, amongst the eight goals set by all the member states was the goal to eradicate extreme poverty and hunger. I thank the hon. Member who brought a Motion recently, Mr. M’Mithiaru, to review the MDGs goals and achievements made so far. It became evidently clear that, as a nation, we have failed to achieve what was set out to be achieved by 2015 through the MDGs because hunger still continues to stalk many homes in this country. As I had indicated earlier on, Ms. Murugi Mathenge told this House that over 24 districts are still relying on relief food. She also said that one million Kenyans are being given relief food by the Government and another 1.6 million are being taken care of by the World Food Programme. This is the case and yet had we, in the 1970s established a fertilizer factory, we would be telling a different tale today. If you look at our priorities as a nation, you will find that in the 1970s we looked at the option of putting up a fertilizer factory and a bullet factory.

Thank you Mr. Temporary Deputy Speaker, Sir. I rise to second, and from the outset, I want to thank my colleague; hon. Eugene Wamalwa for his long overdue Motion. I have contributed here time and again that this country appears to have its priorities upside down. Looking at the budgets, you will see that agriculture and rural development have under 10 per cent. In fact, to be precise, it is 1.7 per cent. When you compare that with our expenditure on security which is about 6 per cent, you start wondering where our priority is. Mr. Temporary Deputy Speaker, Sir, I am a Member of the Parliamentary Caucus on MDGs and the first MDG is to rid our country of extreme hunger and poverty. Today we have a new constitutional dispensation which creates 47 counties. I know that we will have different priorities, but one thing which is for sure is that every county needs food. Kenya is a blessed country; we are in the Equator where we have a variety of climatic conditions. We have a huge chunk of land and we know that food grows from land. The only limited ingredient there is the nutrients that food crops grow on. It is imperative that as a strategic policy, we consider having a fertilizer company in this country. I was privileged to attend a fertilizer conference recently in Kenya Agricultural Research Institute (KARI) and the statistics available there is that, 60 per cent of the country’s fertilizer is imported by the private sector. The Government tries to supplement and brings in about 40 per cent. This fertilizer is a recurrent requirement in our economy. The leadership of this country has not given the agriculture sector and the need for fertilizer due attention. It is because our politics is founded on wrong philosophy. It is dictated by

Thank you, Mr. Temporary Deputy Speaker, Sir. I rise to support this Motion. A country which is not self sufficient in food production cannot claim to be a country that is independent. It is, therefore, important that this country gives top priority to food production. Food production is the basis of good governance in any country. Therefore, it is important that as a country, we come up with the best methods of producing food for this country so that we can produce food for our people and even surplus food for export.

Madam Temporary Deputy Speaker, I wish to note that all the countries that are self sufficient in food subsidize their farmers and the subsidy is mainly from agricultural inputs. The main agricultural input in farming is fertilizer. In this country, we are unable to produce enough food because the price of fertilizer is extremely high because we have to import it. Even when Kenyans are ready to import fertilizer, it takes time. Sometimes there is no fertilizer when farmers are ready to plant. So, it is important that this country considers putting up a factory for fertilizer because this will enhance food production in this country. As of now, this country is reeling under a lot of problems because of hunger in certain areas such as the Arid and Semi-Arid Lands (ASALs). What we call ASAL areas in this country, in a country like Israel, they are considered to be very productive. In our ASAL areas, we get more than 500 millimeters of rainfall and we can be able to produce food in these areas, but because we do not give priority to food production in this country, we still have these areas suffering from food deficiency and mainly depending on food donations year in, year out. So, it is important that we take a bold decision and establish a fertilizer factory in this country so that we can produce our own fertilizer and, even more importantly control and assure the quality of fertilizer we have. Madam Temporary Deputy Speaker, some of the fertilizer that we get in this country is not the type and quality that we require. Therefore, it is important that we have our fertilizer factory and carry out our research which will determine the type of fertilizer we need for various regions in this country and as a result produce specific fertilizers for those areas. Currently, any fertilizer that comes, wananchi just buy because they are told

Thank you, Madam Temporary Deputy Speaker for granting me the opportunity to contribute on the Motion.

First of all, I want to support this Motion in totality. I want to thank my good friend, the Mover of this Motion, hon. Wamalwa, who has been very prolific in terms of coming up with Motion in this House. Being a very serious presidential contender, I wish to thank him for coming up with this very important Motion.

Madam Temporary Deputy Speaker, we have not given agriculture the importance that it deserves. We have not given agriculture the attention that it deserves. What we have only done is to give lip service. We all know that our economy is agro- based. We have been told in many fora that agriculture is the backbone of Kenya’s economy. But talking about agriculture in the absence of a factory, which is a very important input in the sector, we have just given it a lips service. We have not been serious at all. We all know that this country experiences food deficit, year in, year out. I come from a constituency where food production is too low because it is within the ASAL region. In this area, we get a lot of food from outside my constituency. That will mean that we spend a lot of money sourcing food from other areas. We end up enriching other areas of this country. That is not a crime, but it does not promote wealth within my constituency.

Madam Temporary Deputy Speaker, I want to support this grand idea that we have a fertilizer factory established in this country. We can liaise with giant companies in China, India, America and Brazil. We can even partner with multinationals that have

We will pay you. We want to pump this water instead of letting all the water go to Egypt, where there is a lot of chaos. We want that water to be pumped through ravine to Turkana region, Pokot and North Eastern. We need something like Kshs100 billion to do so. Let us sacrifice one year, and then this country will be self sufficient in food production, instead of serving the interest of Sudan and Egypt. Of course, I want to thank the people who are participating in the conservation of Mau Forest. But we should also use this water.

Madam Temporary Deputy Speaker, lastly, I want to talk about the cartels, which control the prices of fertilizers in this country. They are the ones “killing” our farmers. For us to deal with these cartels, we need to have our factory, so that we can determine prices so that our farmers can go back to the business of farming.

With those few remarks, I beg to support.

Thank you, Madam Temporary Deputy Speaker, for allowing me to contribute.

I want to join my colleagues in congratulating hon. Wamalwa for bringing this Motion and for the many Motions that he brings that have a lot of relevance to the work that we do in this country. I really believe that this will be his platform towards his presidential ambitions. Madam Temporary Deputy Speaker, I want to start from where my colleague has left because that is the crux of the matter. There can never be a country whose backbone is agriculture--- In agriculture, we all know we have to have fertilizer and then we do not have a fertilizer factory. We talk a lot in this House. Sometimes we go round issues. However, I believe with the new Constitution and the kind of democratization that we have now, we must hit the nail right on the head. I want to start by speaking about these cartels. We have been told that 60 per cent of the fertilizer is bought by the private sector and only 40 per cent is brought by the Government. So, we should be addressing those people in the private sector who have decided to continue to make billions of shillings in

Madam Temporary Deputy Speaker, I stand to support the establishment of a fertilizer factory, but with some reservations. I agree that the factory will be of strategic and national importance. Food is the essence of our existence as a country. Food deficiency has dropped the quality of life in this country tremendously. From the time I was a child up to now, I have not seen much change, especially in the price and availability of food. I said I will support with reservation because I would like to bring out some points. First, the feasibility study of the factory was done a number of years back. At that time, the green revolution - as I take from my sister, Mrs. Shebesh - was still taking strength and root. So, when we are looking at a fertilizer factory, we really need to take on board the developments that have taken place since then. So, the fertilizer factory must concentrate on organic rather than entirely chemical fertilizer input. That is the first reservation I have and I think we need to do that feasibility study again. We need to see what the prices are, why we need that factory and where we want to place it. Nothing has been said about where the factory will be situated. Mr. Wamalwa wants it in his side. I would like it in Kisumu. Somebody else would like it elsewhere. But I think that is one of the major issues here. The Motion before the one we are discussing was on Ken-Ren. Once we get the issue of Ken-Ren and where we made the mistakes, I think that is one of the first things that we need to do. We should do a postmortem of where we made mistakes, what was the situation then and who came up with what. Some stuff must be somewhere, even if it was a ghost project. There must have been some things that were left behind. If we do that, then we can ensure that we do not go the same way where 60 per cent of our fertilizer is imported. The very reason why there are cartels is because the Government has allowed them to operate. Food and agriculture is the mainstay of our economy and is of strategic value to the country. I feel that the first thing we need to do is to put a price restriction on fertilizer. I have done some research and found out that fertilizer prices in Brazil are less than half of what we pay here.

I had the opportunity and honour of speaking to the President of Brazil when he was here. He asked us: “Why do we not bring you a fertilizer factory? Why do you not buy fertilizer as a Government?” He was talking to a group of us and not to me alone. He asked:” Why do you not buy fertilizer for the next ten years or five years on gross, so that we can bring it here and we will look at the issue of a fertilizer factory?” So I think the opportunities are there.

Madam Temporary Deputy Speaker, the other way certain countries are going - those that have been established--- But that does not mean that we cannot do it. We might want to look at it. Since the world is now an open market, we can look at where fertilizer factories are best situated. We can look at the ones that are working and, perhaps, see whether we can go and buy one there. That can be part of Kenya’s investment abroad and

Thank you, Madam Temporary Deputy Speaker. I wish to also join my colleagues by very vehemently supporting this Motion that has been so well moved, by the potential presidential candidate of 2012. A nation cannot be called a healthy nation if it does not feed its people. Feeding the people of this nation should be the first priority of our Government. Lari Constituency is an agricultural area. We feed Nairobi constituencies with cabbages, carrots and kales. If we had cheaper and affordable fertilizer, my constituency would acquire economic advancement and empower youth through agricultural activities. To me, this Motion is very important. Madam Temporary Deputy Speaker, creation of a fertilizer factory will address some of the gravest concerns that we have in this nation. We have been talking about national strategic reserves, but 47 years down the line, we have not been able to create our strategic reserves to more than 2 million bags. With this establishment of a fertilizer factory, our country will be able to realize the national strategic reserve to a level of 10 million bags.

Thank you, Madam Temporary Deputy Speaker, for giving me a chance to support this Motion. This Motion is very critical for this nation. As we are all aware, Kenya is an agricultural country. Our GDP in terms of economic activities when you compare with the manufacturing sector, is the leading one. The problem we have here is that the Government has not shown any interest in supporting the farmer. Setting up a factory for fertilizer is something strategic for this nation. It is something that we, as a nation, have no option, but to do it. If you look at all the major industrialized countries like China, Malaysia and America, their main concern is to make sure that their people have enough food. Unless we are careful, food riots will take place here if the general population is not able to feed itself. I believe the Government will take this Motion seriously. I thank the Mover of this Motion for actually finding it fit to bring this Motion for debate. The reason why I support this Motion is that if the factory is set up, obviously, we will have better yields in maize, banana, onions, tomato and other crops. I remember two years back, the Kenya Tea Development Authority (KTDA) was not able to bring fertilizer to this country for the simple reason that they did not have money as the world market price for fertilizers at that time was beyond what ordinary

Your time is up!

Madam Temporary Deputy Speaker, I support the Motion.

Is there any hon. Member who is interested in contributing in the remaining two minutes? If there is none, could the Government Responder make his contribution? What is it hon. Muthama?

Madam Temporary Deputy Speaker, there is no time to say anything now. I suggest that we adjourn and then we continue---

Hon. Muthama, I do not think that is your role.

Madam Temporary Deputy Speaker, first I want to thank hon. Eugene Wamalwa for bringing this Motion. It has been long overdue and as a Ministry and Government, we are extremely committed to the implementation of this Motion once it is adopted by this House. I want to start by thanking all the hon. Members who have contributed to this Motion. We need, as a Government, to undertake the right thing at the right time. In order

Mr. Mbiuki, you will have a balance of 17 minutes when we next meet. You will be at liberty to give part of that time to Mr. Muthama, if he wishes to contribute.

Hon. Members, it is now time to interrupt the business of the House. This House stands adjourned until this afternoon at 2.30 p.m.

The House rose at 12.30 p.m.