Mr. Temporary Deputy Speaker, Sir, although I have not received the written reply, 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 truck owned by M/s Sarimo Cooperative was attacked on 18th April, 2012 and six bullets remain lodged in the body of the truck driver, Mr. Gurachi Roba Gaache? (b) Could the Minister indicate the number of incidents of highway banditry as well as the respective number of people killed or injured along Marsabit-Isiolo Road for the last two years? (c) What measures will the Minister take to curb highway banditry along the road?

Well, the Assistant Minister is here and he will tell us why you have not received the written reply.

Mr. Temporary Deputy Speaker, Sir, it is true that I have not availed a copy for him, but I have it here with me.

Mr. Ojode, why did you not provide that particular answer prior to the hon. Member getting into the Chamber?

Mr. Temporary Deputy Speaker, Sir, I have just received it a few minutes ago. So, I would plead with my colleague to let me continue.

Proceed, I think that would be all right with Mr. Chachu.

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

(a) I am not aware of any incident involving a truck owned by Sarimo Co- operative on 18th April, 2012 where the driver, Mr. Gurachi Roba Gaache, has six bullets lodged in his body as no records held by police in the area contains such a report.

Mr. Temporary Deputy Speaker, Sir, on behalf of five Kenyans who were killed between the year 2011 and 4th May, 2012, I would like the Assistant Minister to listen to me carefully. There were those who were injured and have six wounds in their backs and some with broken legs. I can identify those people by name. On behalf of the six Kenyans who were robbed of all their properties, their animals off- loaded as they were going to the bus terminus in Nairobi--- I want to speak on behalf of the five other Kenyans who were attacked in the vehicle although they were not injured. I plead with him because Kenyans who are using this great road linking Cape Town and Cairo are listening.

Order, Mr. Chachu! What is that you want the Assistant Minister to do for your people?

Mr. Temporary Deputy Speaker, Sir, I am explaining this for you to understand and appreciate because the Assistant Minister says he is not aware of this particular incident which happened on 6th April, 2012 where Mr. Gurachi Roba Gaache driving a lorry; KAS 704Q, belonging to Sarimo Co-operative was attacked and had six

Order! Mr. Chachu, I know you are upset.

I am very upset.

I know you are upset and it is, indeed, correct that your people were attacked. Would you be specific on what you want the Ministry of Provincial Administration and Internal Security to do?

Mr. Temporary Deputy Speaker, Sir, I just wish you gave me the chance and listened to me, please, on behalf of those Kenyans listen to me. The Assistant Minister says he is not aware that Mr. Gurach Roba was attacked. It was reported at the police station and he was ferried by an ambulance to Isiolo General Hospital.

Mr. Ojode, are you aware of this incident and what measures are you taking to correct the situation?

Mr. Temporary Deputy Speaker, Sir, the hon. Member is a friend of mine and he normally comes to my office, so that we can tackle some of these issues. I do sympathize with his emotions, but the police will only be aware when one reports at a police station. What he has said is true but if it is not reported to the police, you will not indicate that somebody has been killed. It will not be possible.

On a point of order, Mr. Temporary Deputy Speaker, Sir. This is a very able Assistant Minister but he stands here in front of the entire Republic to tell the country that he is not aware yet the hon. Member is saying that it was reported in a police station and yet he is thinking about the emotions of an hon. Member. It is not the emotions of an hon. Member; it is the security of Kenyans. This Assistant Minister should be serious!

Fair enough! Assistant Minister, are you sure you do not know about this incident?

Mr. Temporary Deputy Speaker, Sir, for them to challenge my statement, they should give me the OB number. The reason why I am saying this is because if it is not reported---

On a point of order, Mr. Temporary Deputy Speaker, Sir. You have heard the hon. Member give specific details of not only the person who was attacked but the ownership of the vehicle and where the patient was taken. Indeed, I know as a matter of fact that this particular Kenyan was taken to Isiolo, then Meru Hospital and is currently at Nairobi West Hospital. Why does he need an OB entry when he is being told even from the Floor of the House that this happened? What steps will he take now that he has been informed because this is a fact? He can visit Nairobi West Hospital from here and find this Kenyan in hospital. What will he do when he visits and finds that?

Mr. Temporary Deputy Speaker, Sir, that is a very genuine question and Mr. Imanyara has put it right. If it is true that this person has been transferred to the hospital and they never reported to the police, I would want this Question to be deferred so that my officers can go and check whether this particular person actually had a problem on the ground. I would also request that we go and visit the fellow in hospital and we will also take a statement from him. Otherwise as at now, we are not aware because he did not report this matter to the police station.

All right! Hon. Members, if you heard the Assistant Minister, he is requesting the Chair to allow additional time so that we defer the Question so that his officers can visit Mr. Gurach Roba Gaache at the hospital and take statements from him. You also need additional time to consult and come with an appropriate answer. You need time to complete your investigation and come with an answer and so I will give you until tomorrow afternoon. That way you can use this afternoon to complete this because---

Mr. Temporary Deputy Speaker, Sir, I would request that you give me one week because I will send---

Order, Assistant Minister! You have the police who can locate where this particular individual, Mr. Gaache is and you have the Member here. You can also consult with him and come with an answer tomorrow afternoon. That is the time I am giving so that we can handle it.

Mr. Temporary Deputy Speaker, Sir, I undertake to take him to Nairobi West and even to Coptic Hospital where another patient is lying.

Very well! I am just directing that you consult with the Assistant Minister so that, first of all, you are satisfied that the particular investigation is going on and the Assistant Minister will come tomorrow to issue that particular statement with information pertaining to that particular individual.

That is okay, Mr. Temporary Deputy Speaker, Sir.

Mr. Temporary Deputy Speaker, Sir, I beg to ask the Minister for Finance the following Question by Private Notice. (a) What is the Government’s stake in the just concluded Kenya Airways Rights Issue and who were the transaction advisors or sponsoring stockbrokers? (b) Is the submission of Provisional Allotment Letter (PAL) in a public placement like Kenya Airways Rights issue a separate service from the advisory services provided by Transactions advisors? (c) What is the procedure of selecting stockbrokers for the submission of the Provisional Allotment Letter and does the Provisional Allotment Letter service attract a commission, and if so, how much will be paid to the submitting stockbroker(s)?

Where is the Minister for Finance? Let us allow him some time to get to the Chamber. We will take the Question by Mr. Affey!

asked the Minister of State for Immigration and Registration of Persons:- (a) whether he is aware that youths in Wajir South Constituency lack National ID cards; (b) how many cards have been issued in the constituency since 2008 and if he could provide a per-administrative location list of recipients; and, (c) what urgent measures the Minister has taken to register residents of the constituency. However, I do not have a written answer.

Alright! Is the Minister of State for Immigration and Registration of Persons here? Let us allow some time for the Minister to get to the Chamber! We will go to the Question by Mr. Mbai!

Is Mr. Mbai in the Chamber?

No!

Alright! We will give the hon. Member some time to get to the Chamber. I think we are also allowing some time for the Ministers and so, we will do the same for hon. Members. We will now take the Question by Dr. Nuh!

asked the Minister for Justice, National Cohesion and Constitutional Affairs:- (a) whether he could explain the respective status of the constitutional Bills scheduled to be enacted by 27th August, 2012 in line with the Fifth Schedule of the Constitution; and, (b) when each of the said Bills will be published.

Mr. Temporary Deputy Speaker, Sir, the answer I have for this Question is not sufficient to address the issues raised by my colleague. I have already shared with him and with the indulgence of the Chair, we have agreed that I answer this Question on Tuesday so that I avail proper information for this Question.

Order! Dr. Nuh, I think you consulted with the Assistant Minister and you have agreed for the Question to come on Tuesday.

Mr. Temporary Deputy Speaker, Sir, indeed, the Assistant Minister consulted with me and a number of hon. Members standing up and rising on points of order shows the importance this House attaches to this Question. I wish that the Assistant Minister who has shared with me that he will be ready with the answer on Tuesday comes true to his word and I know he has done it in the past. I have no reason to doubt him and I think it is proper to indulge him until Tuesday.

On a point of order. Mr. Temporary Deputy Speaker, Sir. This Question is an Ordinary Question and so I expected the Assistant Minister to have had a bit of time to look at it. But this just shows that the Government is not even sure and aware of how far the constitutional legislations are. This is a very straightforward Question. If this Government was on top of things, this is a Question that should be answered in a matter of hours. The Assistant Minister has not given genuine reasons as to why this Question cannot be addressed today. I do not think this House should be satisfied just by blanket request that we should give him more time.

Very well! Can the Assistant Minister, please, take that note!

On a point of order, Mr. Temporary Deputy Speaker, Sir. Given that the Ministers depend entirely on civil servants who serve in their offices for answers, what measures is he going to take to ensure that the information that he is going to take once we give him this time to go back will be sufficient given that this is not the first time? Every Thursday when the Leader of Government Business stands up in this House to give Government legislative programme for the coming week, this side of the House is always rising to remind the Government that they are behind schedule in constitutional amendment Bills that ought to have been brought to this House. So what assurance can he give to this House that the people whose constitutional duty it is to prepare for these Questions which will be brought to the House, in fact, perform their task so that the Ministers can come to the House and actually give the National Assembly information that is not only accurate but is up to date? What assurance can we get that we will not get the same answer tomorrow and the same excuses given that there is no provision for us to take action against these officers who continuously mislead Ministers with information that is not accurate?

Hon. Assistant Minister, are you not consulting with the Attorney-General? This Question seems to be so obvious. Why do you need additional time to prepare for something which is so obvious? When will these Bills be published? The Question is so clear. Do you need a week to come with the answer? What is that you are going to research?

Mr. Temporary Deputy Speaker, Sir, the issue my colleagues have raised is really genuine. When we come before the House to answer Questions, it is important that we give answers that are satisfactory to our colleagues. I do not think my colleague, Dr. Nuh, is asking the Question in vain. He wants to know. I have always been very diligent because I would like my colleagues to have proper answers. You realize that these Bills are being done by various Ministries. The line Ministries are the ones who have been dealing with some of the matters. Then we have various stakeholders, for

On a point of order, Mr. Temporary Deputy Speaker, Sir. You realize that Ministers have a habit of walking into the Chamber and insinuating that they have spoken to Members. Are they aware that when a matter is before the House, it is no longer a Member’s matter, but a matter of the House? Also, when did the Assistant Minister realize that the answer he got from his officers is not good enough? He waits until the day he comes to the House to tell the House that he does not have a sufficient answer. This is intolerable. It is unacceptable. He should have known a lot time ago when he got the answer that it was not good enough and took a remedial action. We are wasting valuable time of this House.

You have done well, hon. Kabogo. Hon. Assistant Minister, the Chair will direct that you consult with all the relevant departments and come with an appropriate answer next Tuesday to deal with this matter.

Hon. Munyaka not here? Let us wait a little bit for the Member to get to the Chamber.

asked the Minister for Local Government:- (a) why the construction of Katito Market under the Economic

has stalled and how much money has been paid to the contractor so far; (b) why the tender for the construction works was awarded to the second highest bidder contrary to the procurement procedure; and, (c) when the construction works will be completed and handed over to the traders in Nyakach Constituency.

Is the Minister for Local Government in the Chamber? Hon. Ochieng’, let us allow the Minister to get to the Chamber, then we will deal with that Question.

Dr. Laboso! The Question will come up for the second round. Let us give Dr. Laboso some time to get to the Chamber.

asked the Minister of State for Provincial Administration and Internal Security:- (a) whether he is aware of skirmishes over grazing land that occurred between the residents of Arabal and Kiserial locations in early February 2012; (b) when the Government will put up police posts at the two locations as resolved at high level peace meetings chaired by the Rift Valley Provincial Commissioner (PC); and, (c) when he will also post an OCPD to Marigat District.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) I am aware of the skirmishes which were caused by animosity between the Turgen and the Njemps following the release of the preliminary report by the Independent Electoral Boundaries Commission on delimitation of electoral boundaries. The Njemps felt short-changed by the proposed merger---

On a point of order, Mr. Temporary Deputy Speaker, Sir. Have you heard the Assistant Minister referring to ethnic communities yet the Question is so clear. Is he not out of order?

Mr. Temporary Deputy Speaker, Sir, when we are dealing with an issue of this nature, we should sober up. The Questioner has a problem in his constituency and he wants us to assist him to solve that problem. Even if you want me to use other names, I will but the fact is that there are some who are dissatisfied with the delimitations of boundaries. So, can I continue?

You can continue! The Question is: Is the Minister aware of skirmishes over grazing land that occurred between the residents of Arabal and Kiserial locations in early February, 2012? He is dealing with the matter, hon. Kabogo! Proceed, Assistant Minister!

Mr. Temporary Deputy Speaker, Sir, I will continue. Those people felt that they were short-changed by the proposed merger of Marigat and Saliban wards, which in their view would diminish their chances of ascending into positions of leadership. They were also arguing that the move would increase the number of those other people in the constituency. They therefore, moved their cattle to the boundary, sparking a bitter cross border cattle rustling between the two communities which left two people dead. The police moved in and recovered 97 herds of cattle and 24 goats which were later handed over to their owners. The police did a good job because they recovered all that was taken.

Mr. Temporary Deputy Speaker, Sir, the Assistant Minister has given a comprehensive answer and I am satisfied with what he has said. However, he has mentioned about the creation of two AP posts within Marigat. The issue was not about ethnic clashes. Could he avail a vehicle, so that the officers who have been posted there can track cattle rustling which is so rampant in the area? When will he do that?

We intend to open two police posts within that area. That can be with immediate effect. Within two weeks from now, I will do that because it borders on security. Again, we are clearing some vehicles which are at the Port of Mombasa. Once we have cleared them, I will allocate one vehicle to patrol that area.

It is not just you! Once the vehicles have been cleared, we are going to distribute those vehicles to the constituencies. But I want to assure you that we are waiting for 97 vehicles. But the bigger fleet will be coming in the course of next financial year, which is July.

Mr. Assistant Minister, how long will the clearing of the vehicles take?

Mr. Temporary Deputy Speaker, Sir, I have already spoken to the Minister for Finance. I saw him here. I am just waiting for him to give us the letter of waiver in order for us to clear the vehicles from the port. So, if the Minister gives us that

Mr. Temporary Deputy Speaker, Sir, if the cause of conflict between the two communities is about boundaries, what plans does your Ministry have to forestall future clashes between the two communities?

Mr. Temporary Deputy Speaker, Sir, we have already encouraged leaders to sit down and talk among themselves. The MP has already agreed that he is going to do that in order for us to forestall the skirmishes.

Mr. Temporary Deputy Speaker, Sir, the Assistant Minister has said that two people were killed. What measures is the Ministry taking to apprehend the suspects in order to lower tension in that area?

Mr. Temporary Deputy Speaker, Sir, that is why we have opened an inquest file. Investigations are going on and we will definitely zero in on those who did the killing.

Mr. Temporary Deputy Speaker, Sir, the Assistant Minister has acknowledged that the skirmishes were as a direct result of dissatisfaction with the electoral boundaries delimitation. Now, the law is very clear on what procedures ought to be followed when there are such disagreements about the boundaries. What steps has the Government taken to ensure that the law relating to the settlement of such disputes is followed, rather than invoking police mechanisms and opening inquests, when the law states clearly what steps should be taken and within what time so that the matter can go to court? What steps have been taken?

Mr. Temporary Deputy Speaker, Sir, that particular incident was a local affair. It was local politics. So, what we encourage is that the local people should agree and sit down with their leader, who is the MP. The MP has categorically said yes. We are pursuing that. They have agreed to sit down and agree on what should be done and, whether the boundary will include those other locations or the boundary will not actually jump or consume the other locations.

They have agreed to go ahead. It is a local matter. Once they have decided on what they are going to do, then they will inform the Electoral Commission accordingly. Just like my friend is saying, the law must be followed. You cannot take the law into your hands and start beating or killing people simply because the other location has been included in the other boundary. So, we prefer encouraging people to follow the law to the letter. If you do not follow the law, we will show you how to do it by arresting you.

Mr. Temporary Deputy Speaker, Sir, some of our constituencies are along the Kenyan-Ethiopia, which are very porous and with no military presence but we have police stations with no vehicles. What will the Assistant Minister do to ensure they are facilitated to defend our intentional borders, which are so porous?

Mr. Temporary Deputy Speaker, Sir, I have just mentioned here that we are waiting for vehicles. Once they arrive, we will give priority to areas which are expansive and prone to insecurity.

Mr. Temporary Deputy Speaker, Sir, then, we will have to wait again for the shipment of the rest of the vehicles which will be coming after July. I think he is one of the beneficiaries.

Mr. Temporary Deputy Speaker, Sir, it is not just Thika. Whatever we have, once we release them from the port, we are going to give them out to constituencies. That is

Mr. Temporary Deputy Speaker, Sir, I would like to thank the Assistant Minister for assuring this House that the Government will import vehicles for combating crime in this country. Could he tell this House what type of vehicles they have imported? That is because, ordinarily, they import saloon cars which are used in urban areas and not in rural areas. Could he assure us that they have imported proper and ideal four wheel drive vehicles that can be able to combat crime in the rural areas?

Mr. Temporary Deputy Speaker, Sir, we have imported assorted vehicles. Ordinarily, I cannot release a saloon car to go to hon. Chachu’s place. Definitely, we will use the saloon cars within the city centres or towns and then the Land Rovers, which are in those areas, will now be transferred to those areas where the terrain is not good.

Mr. Temporary Deputy Speaker, Sir, the Assistant Minister has mentioned about upgrading Marigat Police Station. Already, housing is available. He has given factors that they consider. Could he post an OCPD because the housing is already in place and the police station is operational? Could he post an OCPD immediately, so that he or she can deal with the problem of insecurity in that area?

Mr. Temporary Deputy Speaker, Sir, I will send my team to go and check whether there is housing and other facilities. It is not just a residential house. Once they come back and give a report, then I will be able to post an OCPD immediately. But let me, first of all, get the report from my team as to whether you have the facilities, which goes hand in hand with the housing.

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

(a) whether he could provide the report on the police investigations on the murder of Kithome King’ola whose body was found lying at Kyuuni Valley in Mutanda Sub-location, Mutyambua Location on 18th July, 2011, and,

(b) whether any suspect(s) have been apprehended and charged before a court of law.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) On 18th July, 2011, at about 6.00 a.m., some pupils spotted a naked body lying along the banks of Kyuuni seasonal river valley and reported the matter to the area Chief Mr. Raphael Mutaiti Kimilu, who reported the matter to the police. The police visited the scene and on searching, recovered a mobile phone and court bond bearing the names of Munga King’ola. The body was positively identified as that of Kithome King’ola, a known and notorious criminal, who had been charged with various charges of stock theft.

Mr. Temporary Deputy Speaker, Sir, while I thank the Assistant Minister for the answer, I am amazed that the Assistant Minister is calling Mr. King’ola a notorious criminal. I am not aware that he was a criminal. What I know is that he is a citizen of this country and that his family has a right to be told by the Government who killed their father and their kin. The reason why I am asking this Question is to know whether the Government, through the Assistant Minister, is now able to establish who killed Mr. King’ola. I would like the Assistant Minister to tell us who killed Mr. King’ola. That is why this Question is here. We want to know - a year later - whether the family can now settle down knowing who killed their kin.

Mr. Temporary Deputy Speaker, Sir, it looks like this particular person was killed through mob justice. We are not encouraging mob justice. We are encouraging people to take whoever has wronged them to a court of law, so that the court decides what to do with him whether that person is a notorious criminal or not. Mr. Temporary Deputy Speaker, Sir, the reason we have opened an inquest file is for us to identify the person who killed this particular fellow. I encourage hon. Member’s constituents to avail information in order for us to speed up or fast track the investigations and arrest the person who might have murdered this particular individual.

Mr. Temporary Deputy Speaker, Sir, the Assistant Minister has made an attempt to answer this Question. We know the cases of people being murdered all over the country are always discussed in this Parliament. I still have a similar case with the Ministry having not given a report of three of my constituents who were murdered a year ago. Whether this fellow is described by the Assistant Minister as a criminal or not, he is a Kenyan citizen who need to be protected. It is the responsibility of this Government to protect Kenyans and their property. His answer shows that they have already condemned him even before the investigations are completed. Could he assure this House that under whatever the circumstances a Kenyan is killed or murdered, it is the responsibility of the Government to protect all its citizens and their property.

Mr. Temporary Deputy Speaker, Sir, yes, indeed, it is the Government’s duty to give protection to its own citizens and their property. Some of these cases happen at night. So, the Government would not immediately identify the person who actually killed this particular individual until investigations are complete. We concluded that he was a notorious criminal because we found on him a number of bonds and cases which are still pending in courts.

What items were found on the body?

Mr. Temporary Deputy Speaker, Sir, we found on him the court bonds and the cases which he was attending.

Again, according to the preliminary investigations which we had done, we found that he used to steal cattle from the people locally. So, that notwistanding, it does not necessarily mean that you can take the law into your hands and kill. That is why I was

Mr. Assistant Minister, are you assuring the House that you will continue with the investigations to find the killers?

Mr. Temporary Deputy Speaker, Sir, we are continuing with the investigations and sooner or later, once the investigations are over, I will also be able to report what we have so far received.

Very well, I will get the last question from---

On a point of order, Mr. Temporary Deputy Speaker, Sir, is it in order for the Assistant Minister to stand before this House and say that the reason and justification for referring to a Kenyan as a known and notorious criminal is because bonds were found on this person? We know that bonds are not evidence of crime, but evidence of a case going on in court. Is he suggesting that when a Kenyan is charged and before a court of law finds him or her guilty or not guilty, the Government or the police come to the conclusion that he is a notorious criminal? Is it in order for the him to shape the burden of proof and associate a person who is merely facing a criminal charge with the commission of crime; and then go on to say that he even knows that he was a victim of mob justice and then seek to justify that they have sought an inquest to legitimize what he is telling the House, that this is a known and notorious criminal? The only thesis they had is that they had possession of bonds in his pockets. Is this in order?

Mr. Temporary Deputy Speaker, Sir, I did mention here that the preliminary report when the body was identified, the chief of that location did mention that this particular individual was a criminal. I believe that maybe he was wanted by the chief. The good thing is that it is commonly known within that location that he used to steal cattle from his neighbours and from the locality.

Mr. Temporary Deputy Speaker, Sir, I am not saying he was a criminal because we found a bond in his pockets, but I said that the preliminary report shows he was a notorious criminal.

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

What is it, hon. Imanyara?

Mr. Temporary Deputy Speaker, Sir, under the provision of the Constitution, a person is presumed to be innocent until proven guilty by a court of law. Now the Assistant Minister is talking about a preliminary report from a chief, which he used to find the basis that this was a notorious criminal. We cannot let him get away lightly with this.

It is the same Government that every day, through the police spokesman, say “A notorious criminal was gunned down on some streets of Nairobi” without offering any evidence. Would he table the evidence before this House to show that conviction had, in fact, been imposed on this person he calls a notorious criminal, so that we can believe what he says, because I do not believe him?

All right, hon. Imanyara!

Assistant Minister!

Mr. Temporary Deputy Speaker, Sir, ordinarily, in a population of 40 million people, we will indefinitely have criminals and it is known. Hon. Imanyara is a lawyer and he has been defending people, including those criminals also to bail them out.

Mr. Temporary Deputy Speaker, Sir, what we are saying is that the preliminary report is what we are using here. That is why we have opened an inquest file so that we know what happened to this particular person and who killed him.

Hon. Kiilu, ask your last question.

Hon. Kiilu, proceed, please!

Mr. Temporary Deputy Speaker, Sir, I am amazed by the line of argument that the Assistant Minister is taking about. He has already criminalized this person and that he is already condemning him and asking constituents to give him support.

Mr. Temporary Deputy Speaker, Sir, last week, I had asked a similar Question where another citizen from my constituency and from the same area of Sultan Hamud Police Station jurisdiction was murdered on 2nd June last year. The Minister, by that time, had not concluded the investigations. Is it that the police in Sultan Hamud are overwhelmed and that they are not able to cope up in detection? This is now the second person to be killed.

Mr. Temporary Deputy Speaker, Sir, in Mutyambua, where this person was killed, we used to have Administration police officers in the chief’s office as part of beefing up the security in addition to the police. Could he consider posting back the Administration police officers to man Mutyambua Chief’s Office as a way of guaranteeing Wananchi that there is some form of security and give them confidence that even if there are criminals, they are protected?

Very well; Assistant Minister, that is a fair request!

That is quite fair, Mr. Temporary Deputy Speaker, Sir. If that can reduce the level of insecurity in that area, I want to assure the hon. Member that I will do exactly that. If that will reduce the incidences of insecurity, I will do exactly that.

Assistant Minister, by when? When are you likely to put post the APs to that place?

Mr. Temporary Deputy Speaker, Sir, we will have to sit with him so that we can identify the site, because I will need the housing; I will need other amenities in order for me to post them there---

What is it, Mr. Kiilu?

Mr. Temporary Deputy Speaker, Sir, I have already said that there used to be Administration police officers in Mutyambua Chief’s Office and the houses

Mr. Ojode, could you confirm?

Mr. Temporary Deputy Speaker, Sir, I will post the officers as from next week.

Order! Order! Hon. Kabogo, it is clear and the Minister will be able to take it up.

Mr. Temporary Deputy Speaker, Sir, precedence in the House is that it is allowed, unless you would want to change that precedence.

Just call it Question No.1585 and the Minister will proceed to answer. I think that has been the tradition. Minister for Foreign Affairs!

On a point of order, Mr. Temporary Deputy Speaker, Sir. Just for the sake of procedure and rules, would I be in order to state that you have now changed the fact that an hon. Member can read a Question, so that we know that it is a new rule?

Order! Hon. Kabogo, we have been calling out the Question numbers. That has been the tradition that we have been following. Even this morning, that is how we have been dealing with Questions. Proceed, Minister!

asked the Minister for Foreign Affairs:- (a) whether he is aware that a Kenyan citizen, Ms Elizabeth Wambui Macharia, died and was cremated in Mozambique, leaving behind her 2 sons Messrs George Kanja Wambui and Jeremy Scott Sippo aged 17 and 9 years respectively, stranded in Maputo since November 2011; and, (b) what urgent measures he has taken to ensure safety of the two children and when they will be repatriated to the country.

Bw. Naibu Spika wa Muda, mhe. Kabogo---

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is it in order for the Assistant Minister to respond to this Question in Kiswahili when it was asked by the Questioner in English?

Hon. Chachu, you are right. Hon. Kabogo asked the Question in a language which is different from the language that the Assistant Minister is responding with. You are using Kiswahili, when he used English. Could you, please, answer the Question in English, also to allow hon. Kabogo adequate proficiency to interrogate you?

Mr. Temporary Deputy Speaker, Sir, I oblige.

I beg to reply.

(a) Yes, we are aware that Madam Elizabeth Wambui Macharia died and was cremated in Mozambique. Elizabeth’s mother came to the Ministry of Foreign Affairs on 24th January, 2012 and informed the Ministry that she had passed on while in Mozambique. Madam Wambui left behind two sons, one George Kanja, who is 17 years old and Jeremy Scott Sippo, aged 9 years.

(b) I would like to inform the House that Madam Elizabeth Wambui’s mother, Mrs. Nelius Kanja, asked the Ministry of Foreign Affairs whether we could provide the necessary help that she required of repatriating the ashes of her daughter and bring to Kenya her two children. After we received this information at the Ministry of Foreign Affairs, we then authorized employees of the Kenyan Mission in Harare – because Harare is accredited to operate in Mozambique and other states in the southern Africa – to travel to Mozambique and find out whether:-

(i) the children were surviving and comfortable wherever they were; and,

(ii) there was a possibility that these two children could actually be brought back to Kenya.

The officials of the Kenyan Embassy, after travelling, gave us a report back and told us that we had two problems. First, the children did not have travel documents to travel back into Kenya, because their names had been superimposed on their mother’s passport. That had to legally be sorted out before they could be brought back. Secondly, after the Kenyan Government officials who work with the Ministry of Foreign Affairs contacted the children, they agreed that they were willing to come back home, as per the wishes of their grandmother, as soon as the necessary arrangements were done.

Mr. Temporary Deputy Speaker, Sir, that is a very sad story. From the answer given by the Assistant Minister, he has left out the fact that the Government found out that these kids were malnourished and the elder one was doing menial labour to feed the younger one. It is in his written answer. This Government is spending millions of shillings and every weekend Ministers shuttle in helicopters, yet they cannot bring young Kenyans back to this country. Is this not a shame? When will these children be brought back to Kenya?

Shame! Shame!

Order, Assistant Minister! First, what immediate measures is your Ministry taking to make sure that these two kids are taken care of in terms of foodstuffs and their wellbeing? Is that taken care of at the moment?

Mr. Temporary Deputy Speaker, Sir, I actually was not evading the answer which I drafted and gave to my colleague. The reason I did not discuss the details is because I did not want to belabour the House with a lot of details on the issue. But, one, we are very proud that Government officers travelled down to Mozambique and looked for these children. They ascertained their health status and it was not good. They brought the report back to the Ministry of Foreign Affairs and we are now preparing tickets for these children to be brought back. The grandmother to these children had actually done a mini-fundraising and raised Kshs100,000. The Ministry of Foreign

Order, Assistant Minister! There is the issue of this particular child who is nine years old. What is the immediate assistance that your Ministry is providing to the two kids to meet their needs before you bring them back to the country? Are you meeting their day-to-day needs?

Mr. Temporary Deputy Speaker, Sir, as I said, the Ministry of Foreign Affairs officials travelled to Mozambique and since then, they have been providing the basic necessities for the children to survive on until we can bring them back. We have been giving them some little money to buy food and sustain themselves as we prepare the documentation for them to come back.

Mr. Temporary Deputy Speaker, Sir, in the written answer, the Assistant Minister has told us that the little boy, aged 9 years, is not going to school. He has also told us that the 17 year old boy is doing casual work, which in effect also amounts to the fact that the child is being abused. In view of the fact that in the Assistant Minister’s office and all the Ministries of the Government they are even supplied with fresh flowers every morning and spend millions of shillings on them, why is it taking too long for them to bring the children, because a ticket does not require two days to prepare? When are you going to bring the children? Is it tomorrow or Monday?

Mr. Assistant Minister, is the 17 year old still engaging in child labour down there in Maputo?

Mr. Temporary Deputy Speaker, Sir, I cannot verify that aspect right now. What I can verify is that, yes, we have made arrangements. Sometimes Government procedures take a little longer, but we have verified and these children---

Mr. Temporary Deputy Speaker, Sir, in the event that the Assistant Minister’s memory has a problem, I would like to read for him. He says:- “Through telephone communication and visit, it was established that since the demise of the late mother, the children have been living with her friends. However, the family which is accommodating them is not able to provide food daily and so, the elder brother has to do some casual jobs to supplement food provision.”

Mr. Temporary Deputy Speaker, Sir, that means that the boy is working!

Shame! Shame!

Mr. Assistant Minister, what is the Ministry doing at the moment to provide basic needs to these children who belong to Kenya?

Mr. Temporary Deputy Speaker, Sir, this report about what the young man is doing was written about a month ago. This is what we found on the ground. After our Government officers left Mozambique, they went back to Harare and the Ministry of Foreign Affairs authorized them to release some money to the children to survive on until we bring them back. If the Member wants me to lay on the Table how

Mr. Temporary Deputy Speaker, Sir, I would like to ask the Assistant Minister whether he would like us who are in this House to do a fundraising for the Government to bring these children back to Kenya.

Mr. Temporary Deputy Speaker, Sir, if the House Members feel in good faith that they would like to contribute money towards this good course---

Mr. Assistant Minister---

Mr. Temporary Deputy Speaker, Sir, I have already said that the Ministry of Foreign Affairs will give them tickets as soon as possible.

Order, Mr. Assistant Minister! When will you issue the tickets to make sure that you bring the two kids back to Kenya? By when?

Mr. Temporary Deputy Speaker, Sir, I cannot give you that answer right now because I have to speak to my Permanent Secretary who will then authorize. However, the commitment on the amount of money to be given for tickets is in the report that I have given my colleague.

Order, Mr. Assistant Minister. Can you handle this matter a little bit more professionally and within a week or two? Give an assurance to the House and to the country. When will you handle this issue? Do you need two weeks?

Mr. Temporary Deputy Speaker, Sir, I need about a week to make sure that the children come back to this country.

On a point of order, Mr. Temporary Deputy Speaker, Sir. The children could have walked to Kenya.

Mr. Temporary Deputy Speaker, Sir, the Assistant Minister has indicated that one of the problems he is having in getting these children back in Kenya and presumably that is why the officials who drove to Harare left the children to suffer in slavery is because their names were superimposed in their mother’s passport and, therefore, they do not have travel documents. Could the Assistant Minister tell this House what specific steps he has taken to ensure that these children have travel documents; that even if they have the tickets today, they are able to travel? This is because there is no point in providing the tickets if they do not have travel documents.

Mr. Temporary Deputy Speaker, Sir, I would like to inform the House that the travel documents are now ready. We are just waiting for the approval of the funds for the tickets to be provided.

Mr. Temporary Deputy Speaker, Sir, the issue of two little boys whose mother is dead and cremated being left in servitude in a foreign country is so critical that I request that this Question be deferred until the Assistant Minister comes to report to this House, at the end of the seven days that the children are back in Kenya, safe and landed.

That is the point of order, Mr. Temporary Deputy Speaker, Sir, I wanted to raise. The Chair should postpone this Question until the Assistant Minister gives us an assurance that the children are back home.

Mr. Temporary Deputy Speaker, Sir, while I want to support Dr. Khalwale’s sentiments, I also wanted to request, through the Chair whether the Assistant Minister could tell us whether they have already airlifted these kids from Mozambique and that they are in safe custody of the residence of the Ambassador in Harare because that is what it should in ordinary sense if this Ministry cares for Kenyans abroad.

Order, Mr. Assistant Minister! Where are the kids at the moment?

Mr. Temporary Deputy Speaker, Sir, there is a Kenyan who is the head and the Chairman of the Kenyan members of the Diaspora in Mozambique who is staying with these children. Number two, I wanted to mention to you and to the House that the issue which Dr. Khalwale has raised over the fact that we should wait until we give a report in one week--- Every single commitment that the Ministry of Foreign Affairs has given on repatriating Kenyans from, for instance, Libya we did it and finished it. We repatriated Kenyans from Lebanon. We have repatriated Kenyans from West Africa, and in this case, we will do it. The only challenge we have been having, as I said, has been on money and I believe that the Ministry is doing something about it. We have made a request to this House for you to give us emergency funds which will help to repatriate Kenyans once we have these problems.

Mr. Assistant Minister, because I want this matter to rest there, could you assure the House that by Wednesday, next week, the two boys will be in this country?

Much obliged, Mr. Temporary Deputy Speaker, Sir.

Mr. Kabogo, your last word!

Mr. Temporary Deputy Speaker, Sir, this Government of collusion- --

Order, Hon. Kabogo! This is a Government of grand coalition!

Yes, it is a Government of grand coalition, Mr. Temporary Deputy Speaker, Sir. I beg your pardon. If you heard the last sentence that I read, it says: “As a result of the circumstances, the boys were in bad shape, malnourished and looking sickly. They also do not attend school.” This is from the Government and yet you will remember that a few weeks ago when the Mr. Minister in charge of that Ministry was held in Mali, they took a Jumbo Jet 747 to get him from Mali and bring him back to Kenya. This is the case and yet they cannot bring two young boys back to Kenya.

Shame! May God forgive them!

Mr. Temporary Deputy Speaker, Sir, what is the priority of this “collusion” Government if they cannot bring young boys back to the country? When will they bring them back? I am offering myself to go with the Assistant Minister to Mozambique and get them on my account. I will go there myself. This Government has failed. It has failed completely!

Mr. Assistant Minister, your last word. I want you to be very brief. You have already given an undertaking. Just confirm that by Wednesday the children will be back in the country.

Mr. Temporary Deputy Speaker, Sir, I believe that unless something drastic happens, the children will be here by Wednesday. However, I want to state that, at least, the Ministry of Foreign Affairs has given you the true position of these children. We do not try to sugar-coat this position. However, the Ministry of Foreign Affairs does not have funding which is used for repatriating anybody. However, we will bring the children back to the country.

Mr. Assistant Minister, just confirm that again!

Mr. Temporary Deputy Speaker, Sir, we will repatriate the children back to Kenya because we love them.

Mr. Assistant Minister, by when?

Mr. Temporary Deputy Speaker, Sir, by Wednesday, next week.

Thank you very much.

Hon. M’Mithiaru for the second round!

Mr. Temporary Deputy Speaker, Sir, I beg to ask the Minister for Finance the following Question by Private Notice.

(a) What is the Government’s stake in the just concluded Kenya Airways rights issue and who were the transaction advisors or sponsoring stockbrokers? (b) Is the submission of Provisional Allotment Letter (PAL) in a public placement like Kenya Airways rights issue a separate service from the advisory services provided by transactions advisors? (c) What is the procedure of selecting stockbrokers for the submission of the Provisional Allotment Letter and does the Provisional Allotment Letter service attract a commission, and if so, how much will be paid to the submitting stockbroker(s)?

Mr. Temporary Deputy Speaker, Sir, I apologise since I was not here during the first round. We have spoken with the hon. Member. This Question was only received in our office yesterday and in fact, immediately we received it we wrote to the Clerk that it will not be possible to answer it today but I have talked to the hon. Member and we have agreed that we can deal with it tomorrow afternoon.

Hon. M’Mithiaru, can you confirm that?

Mr. Temporary Deputy Speaker, Sir, indeed I have talked to the Minister and I agree that we can deal with the Question tomorrow afternoon.

Very good. Then I will defer the Question to tomorrow.

asked the Minister of State for Immigration and Registration of Persons:- (a) whether he is aware that youth in Wajir South Constituency lack National ID cards; (b) how many cards have been issued in the constituency since 2008 and if he could provide a per-administrative location list of recipients; and, (c) what urgent measures he has taken to register residents of the constituency.

Mr. Temporary Deputy Speaker, Sir, I want to apologise for coming late and I have informed the hon. Member that I did not have a comprehensive answer because there were two different Questions asked by the same hon. Member and somehow my staff answered a different Question from the Question that is on the Order Paper. So, we have agreed that if you allowed us two weeks, we will come with a proper answer.

Hon. Affey, can you confirm that discussion?

Mr. Temporary Deputy Speaker, Sir, I confirm only that it is important to note that his staff are not aware of the Questions that are asked and answered in this House. I agree with the Minister that we defer it but in the meantime since time is of essence, that the registration exercise of ID cards begins in Wajir South as soon as possible because it is not happening.

Mr. Temporary Deputy Speaker, Sir, let me confirm that the registration is actually going on in Wajir South. What is not going on is intensification of that registration and I am going to take it upon myself to make sure that mobile registration is intensified and by the time we come back, I will give an update of what we have done.

Then we will defer that Question to two weeks from today.

Next Question by Mr. Mbai!

asked the Minister for Energy:- (a) whether he is aware that electricity projects at Ikatini Market, Ikatini Secondary School, Kathiini Market, Kathiini borehole, Kathiini dispensary, Itunduimuni Market, Itunduimuni dispensary, Mathauta Secondary School, Kwawanzilu Market, Kwawanzilu borehole and Kwawanzilu Secondary School were commissioned in 2008; (b) whether he is further aware that all these institutions were supplied with single phase transformers; and, (c) what measures he will take to ensure that the transformers are replaced with three-phase transformers.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) I am aware that electricity projects at Ikatini Market, Ikatini Secondary School, Kathiini Market, Kathiini borehole, Kathiini dispensary, Itunduimuni Market, Itunduimuni dispensary, Mathauta Secondary School, Kwawanzilu Market, Kwanwanzilu borehole and Kwawanzilu Secondary School were commissioned in 2008. (b) I am also aware that all these institutions were supplied with singe phase transformers. (c) Kenya Power Company (KPC) will replace single phase transformers with three-phase ones when consumption of power in each area demonstrates the need for three-phase electricity connectivity. I would also like to add that single phase transformers are installed on the basis of demand assessment undertaken both by KPC and Rural Electrification Authority (REA). However, as demand rises such transformers are replaced with three-phase ones.

Mr. Temporary Deputy Speaker, Sir, if you look at this Question it is addressing public institutions like secondary schools and boreholes. These are very important institutions for the public. The Assistant Minister is not addressing this Question to my satisfaction. When he says that KPC will replace single phase transformers with three-phase ones when consumption of power in each area demonstrates a need for three-phase electricity connectivity, I do not understand him because these people need these services. Could he come out clearly and tell this House when he is going to replace these single phase transformers with the three-phase transformers because people are suffering in that area?

Mr. Temporary Deputy Speaker, Sir, if the hon. Member heard me clearly, I said that the single phase transformers are always fixed and the three-phase ones can be put on demand and while I appreciate the fact that these are public institutions if---

On a point of information, Mr. Temporary Deputy Speaker, Sir. I want to inform the hon. Assistant Minister that the single phase transformers were put there by the officer who was in charge in 2008 during the December celebrations. He told

Order, Assistant Minister! These are institutions within the Rural Electrification Programme which normally have three-phase transformers. I think that is the question. When are you going to install and change the transformers from single phase to three-phase?

Mr. Temporary Deputy Speaker, Sir, in all public institutions, we supply electricity on demand. We have provided the connectivity. The transformer installations depend on what the customer requests to be connected with. If they ask for a single phase connection that is what is going to be done. The hon. Member has just confirmed that it was a stop gap measure to allow his people celebrate Christmas. So, I think he is confirming that there was an arrangement and since he has brought this to my attention, I am going to ensure that the promise is fulfilled, the way it was agreed upon.

Order, Assistant Minister! Are you then assuring the House that you will be able to convert all the single phase connections, depending on the demand, into three-phase?

Yes, Mr. Temporary Deputy Speaker, Sir. I said that if there is a demand we will do that and since the hon. Member has raised the issue, I am going to instruct my officers, especially the KPC to ensure that this is done with immediate effect and it also applies to any other connections that need to be done for the public and that requires a three-phase connection. It is not really a problem to change the transformers. We have them. We have single phase and the three- phase ones and we do not need to put a three-phase transformer where there is no such demand.

Mr. Temporary Deputy Speaker, Sir, I want to commend the Assistant Ministry for the supply of electricity to rural areas. However, is he aware that several transformers that they have been fixing have been blowing up within a day or two days? Could he inform the House what he is doing to ensure that they purchase quality transformers that can last longer?

Mr. Temporary Deputy Speaker, Sir, transformers that we put up are above board in terms of the standard specifications. However, you cannot rule out a situation where we have transformers blowing. I think we have been able to replace and ensure that Kenyans remain connected. I would also want to urge the hon. Members to help us since some members of the public have a habit of siphoning oil from transformers. So, if we work together in this way, we will be able to secure more funds and ensure that more Kenyans get connected rather than replacing a transformer that has been vandalized.

Mr. Temporary Deputy Speaker, Sir, we have, on several occasions, put requests for transformers but we have been told that they are not sufficient. In my constituency, we demanded about ten transformers but the KPLC has not been able to provide them for the last one year. Could the Assistant Minister now confirm that the transformers are available, and that they will proceed to install them in my constituency and in other places as promised?

Assistant Minister, that is a different Question but you may proceed and answer it.

Mr. Temporary Deputy Speaker, Sir, I am an Assistant Minister in the Ministry of Energy. So, I can answer any time.

We have had a surge in the demand for transformers and sometimes we have been unable to fulfil all the requests by Kenyans. Therefore, in this connection, I would like to urge the hon. Members of this House to ensure that they support the Ministry’s budget requests for the next financial year, so that we can get more resources to enable us fulfil the requests of Kenyans. Mr. Temporary Deputy Speaker, Sir, our mandate is to ensure that more Kenyans get connected to electricity all the time and we want to do it like never before. So, I urge the House to support us, as a Ministry, when our Vote comes here in the next Budget, so that we can have more funds and fulfil that mandate.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is it in order for the Assistant Minister to suggest to the House that we allocate more funds to the Ministry of Energy when we know that the Ministry gets a budget allocation every financial year? I would like to know whether he is aware that there is inadequate supply of transformers in most parts of the country, and particularly in Samburu East, where they have installed electricity. Could he tell us what he is doing, instead of asking us to vote more funds for the Ministry?

Mr. Temporary Deputy Speaker, Sir, I think I am in order. Even looking at the performance of the Ministry of Energy lately, we were rated the second best Ministry in the recent past. We were able to demonstrate that we can serve our people in the manner we have been mandated by the Government. We have been unable to supply transformers to all parts of the country because of inadequate funding of the Ministry. My request was very simple: That, hon. Members support our budget request, so that we can get more funds and be able to connect more citizens of this country to electricity, especially the citizens of Samburu East Constituency, where we have long power lines that sometimes we are forced to spend so much money.

Last question, hon. Mbai!

Mr. Temporary Deputy Speaker, Sir, I appreciate that the Assistant Minister has now agreed that we need three-phase transformers in that area. The two secondary schools in that area, namely, Mathauta Secondary School and Kwawanzilu Secondary School have already paid for the three-phase transformers. So, could he give a timeframe within which they are going to install the three-phase transformers in that area?

Assistant Minister, you talked of “immediate”. How soon is “immediate”?

Mr. Temporary Deputy Speaker, Sir, I said “immediate” and I stand by my word. I want to assure the hon. Member that we will have the transformers installed and those institutions served with power in not more than two weeks’ time. My officers will be on the ground as soon as tomorrow.

Very well! Hon. Mbai, the three-phase transformers will be installed within two weeks’ time.

Next Question, hon. Victor Munyaka!

Is the hon. Member still not here? The Question is dropped.

Next Question, hon. Ochieng!

asked the Minister for Local Government:- (a) why the construction of Katito Market under the Economic

has stalled and how much money has been paid to the contractor so far; (b) why the tender for the construction works was awarded to the second highest bidder, contrary to the procurement procedure; and, (c) when the construction works will be completed and handed over to the traders in Nyakach Constituency.

Hon. Members on the Government side, where is the Minister for Local Government?

Mr. Temporary Deputy Speaker, Sir, with due respect, I want to indulge the Chair to allow us to answer this Question on Tuesday. In the meantime, I am going to call the Minister and inform him that he must be here to answer the Question on Tuesday. You can take any action against the Minister but in the meantime, let me trace him in order for him to come and answer the Question on Tuesday.

We will do as requested.

On a point of order, Mr. Temporary Deputy Speaker, Sir. The Minister was here yesterday on a similar Question from another constituency. According to me, this is an attempt by him to evade answering Questions in this House, especially Questions relating to fresh goods markets. As we speak, my people are trading on the tarmac of the Kisii-Kisumu Highway. They have nowhere to trade. So, the matter is very urgent.

Hon. Ojode, inform the Minister that we have deferred this Question for the last time, and that it will be coming up for answering tomorrow afternoon. So, get him to prepare to come to the Chamber to answer the Question.

Mr. Temporary Deputy Speaker, Sir, I will do exactly as you have directed.

Next Question, Dr. Laboso!

Mr. Temporary Deputy Speaker, Sir, before I ask the Question, I would like to apologise profusely for coming late.

asked the Minister of State for Special Programmes:- (a) what the mandate of the HIV and AIDS Tribunal is; (b) what she is doing to ensure that the tribunal is fully operationalised; and, (c) why the tribunal has not handled any cases to-date.

Mr. Temporary Deputy Speaker, Sir, I beg to reply. (a) The mandate of the HIV and AIDS Tribunal, as stipulated in Part Seven, Section 25 of The HIV and AIDS Prevention and Control Act, 2006, include the following:- (i) to hear and determine complaints arising out of any breach of the provisions of the Act; (ii) hear and determine any matter or appeal as may be made to the tribunal, pursuant to the provisions of the Act; and, (iii) to perform such other functions as may be conferred upon it by the Act or by any other written law.

(b) The tribunal came into operation in July, 2011 after its members were sworn into office. However, by that time, the Budget for the financial year 2011/2012 had already been prepared. Hence, there are no funds to fully operationalise the tribunal. We, however, ensured that the tribunal secretariat acquired offices, and that they have been working through the National AIDS Control Council (NACC). We continue to provide them with funds and we have respectively requested for funding this year, amounting to Kshs31 million but only Kshs19 million has been approved. This will enable us to train the members of the Tribunal, rent space, advertise and create advocacy, so that members of the public may be aware of the existence of the Tribunal.

(c) It is not true that the tribunal has not handled any cases. The tribunal has actually had ten sittings and has listened to nine complaints. One of the complaints was settled mutually out of court. Another one was referred to the Industrial Court. Two cases were found inadmissible and the rest are ongoing.

Thank you.

Mr. Temporary Deputy Speaker, Sir, I would like to thank the Minister for the answer but I would like her to clarify one thing. In her answer, she has indicated that the Ministry has been taking care of the tribunal’s secretariat. She has also talked of acquiring offices. She further said that the Ministry is looking for funds to look for office accommodation for the tribunal. Do they now have office accommodation or do they not have?

Mr. Temporary Deputy Speaker, Sir, the tribunal does not have offices. So, we are accommodating them in the same offices accommodating members of the NACC. Since they had not been commissioned by the time the budgeting for Financial Year 2011/2012 was going on, there was no way we could have allocated any funds to them. However, we are making do with whatever funds we have for the NACC.

Thank you, for that comprehensive answer. Could the Minister clarify what action she has taken to inform the public of the existence of the tribunal given that there are many cases of discrimination that relate to HIV/AIDS? What has the Minister done to popularize and sensitize the public of the awareness of the tribunal?

Mr. Temporary Deputy Speaker, Sir, the reason why we had asked for the budget of Kshs31 million was to sensitize and be able to create awareness so that the public can know that this tribunal is in place. Once we get the money from June, that is one of the first assignments that we will undertake so that all Kenyans can know that the tribunal is in existence and anybody who has been discriminated can know they can go there and get a hearing.

Mr. Temporary Deputy Speaker, Sir, it has been many years since the Government declared the HIV/AIDS epidemic a national disaster. Despite the fact that the law was passed in 2006 it was not until last year that she effected the operationalization of the law. Could the Minister assure this House that now that the Global Fund has re-opened a window of opportunity for Kenya to apply for available funds, she will encourage this tribunal to immediately apply for funding from the Global Fund so that it can start the process not only of informing Kenyans what role it performs but also in ensuring that the very many cases of stigmatization and discrimination against HIV patients throughout the country can be brought to the tribunal for consideration?

Mr. Temporary Deputy Speaker, Sir, I think that one just needs a “Yes” answer and it does not need a lot of elaboration. The UNAIDS has actually recognized this tribunal. Any funding that will be given--- We have already told the tribunal how to apply for the funding through the Global Fund and the PEFA or any other organization that is willing to help us so that we can reach the zero stigmatization and zero discrimination.

Mr. Temporary Deputy Speaker, Sir, now that the Minister has mentioned the National AIDS Control Council which is a very important body, could she confirm to this House that this body does not operate on any law? What has she done to ensure that the National AIDS Control Council Bill is brought to this House to enable them operate legally and with clear directions within that Bill?

Madam Minister, did you get the question?

Mr. Temporary Deputy Speaker, Sir, I did get the question, but I think it is a completely different Question from what I had been asked. So, if he wants me to answer him I think he needs to put a specific Question so that I can come and answer him properly.

Final question, Dr. Laboso!

Mr. Temporary Deputy Speaker, Sir, because of lack of awareness from the public about the existence of this tribunal, I would like to find out from the Minister how the tribunal was put together and the process of electing or nominating the membership into it. If possible the Minister should tell us who the members of this tribunal are.

Mr. Temporary Deputy Speaker, Sir, there was an advertisement for people to apply and they applied. There was a gazette notice that indicated who they were. The Chairman is Ambrose Dickson Otieno Rachier. The other members of the tribunal are Joy K. Asiema, Mohammed Noor Kulo, Julius Muasya Kiambi, Ephantus Njagi Chomba, Anjelina Siparo and Joe Muriuki.

Dr. Laboso, that was your last question and that is the final answer. So, we are done with Questions. Let us move on to the next Order!

Mr. Temporary Deputy Speaker, Sir, I want to issue a Statement which I promised the House with regard to rising armed violence in Eastleigh. On Tuesday 13th March, hon. Yusuf Hassan Abdi rose on a point of order seeking a Ministerial Statement on measures to curb rising armed violence or robberies in Nairobi. In his statement, he sought to know whether I am aware of the rapidly rising armed violence and robberies and the number of armed violent attacks in Nairobi since October, 2011 and the areas affected. Mr. Temporary Deputy Speaker, Sir, he also wanted to know the number of people who have been killed or injured, cases that have been resolved and perpetrators arrested and charged before court. He further sought to know the measures that my Ministry has taken to ensure Kenyans are protected against violent armed attacks. Further, Mr. Imanyara, the Member for Imenti Central also sought for clarification on the basis upon which it was concluded that the perpetrators of the Machakos grenade blast were all Al Shaabab militia. Lastly, he wanted to know why the suspects were arrested and later released. Mr. Temporary Deputy Speaker, Sir, I wish to state as follows: One, I am aware that in the recent past---

Order, Mr. Assistant Minister! Who sought that Ministerial Statement?

I said Mr. Yusuf, the hon. Member for Kamukunji.

I just wanted to be sure that he is the Chambers.

He is here!

All right! Proceed, Mr. Ojode!

Mr. Temporary Deputy Speaker, Sir, I am aware that in the recent past Nairobi City has experienced a series of armed and violent crime incidents during which some residents have lost their lives, others injured and/or lost their property. The following is a list of incidents which were recorded in the City Centre from October, 2011 to April, 2012:- Mr. Temporary Deputy Speaker, Sir, one, murder offences were committed on 9th October, 15th November and 13th December, 2011; 15th January, 12th, February and 17th March, 2012--- I will table this tabulation because it is a long list.

Mr. Temporary Deputy Speaker, Sir, out of the violent crimes reported 88 suspects were arrested and successfully prosecuted. One hundred and sixteen cases are under investigation and two are pending arrest of known accused persons who have gone underground but we will also arrest them because we know where they are now. On the Machakos Bus stage incident where unknown persons hurled improvised explosive devices to the public, it is still under investigation. The three suspects who had earlier been arrested were released for lack of evidence. The police rushed and arrested three suspects who were later released. During the investigation the following areas were found prone to violent crime incidents: Within Makadara Police Division, they are Kaloleni, Mbotela Estate, Mombasa Road, Hazina Estate, Kwa Reuben slums, Falcon Road, South C Estate, South B Estate, Vision Plaza and Dunga Road. Within Buru Buru area, they are Savanah Estate, Kariobangi North, Dandora, Gikomba, Majengo, Maringo Estate, Outering Road, Umoja Estate, Eastleigh, Kinyago slums and Jogoo Road. Within the Central Division, we have Sheikh Karume Road, Ukwala/Rendile Road, Muthurwa Market, Tom Mboya Street and Nation Centre Area. In Kayole Division we have Kayole/Spine Road, Kayole/Mihang’o, Komarock, Mwiki, Nyando, Matopeni and Saba Saba, Kayole junction, Sakwa and Obama estates, Soweto, Ruai, Stage 17B, Maji Mazuri, Red Soil---

On a point of order, Mr. Temporary Deputy Speaker, Sir. Would I be in order to request the Assistant Minister, given that he is naming almost the whole of Nairobi, that he gives us the areas that are not affected? I think that would be much easier.

Assistant Minister, do you have a safe area in the entire city?

Mr. Temporary Deputy Speaker, Sir, I had said that these are areas that are prone to insecurity. These are areas where we get a number of criminal activities. I think it is important for the hon. Member who sought this Statement to know them.

Of course, Assistant Minister, please, proceed. Name the areas as requested.

She should also know that these are areas she should not be visiting, especially at night. However, I will be beefing up security in those areas. Mr. Temporary Deputy Speaker, Sir, in Starehe Division---

Order, Assistant Minister! Are you saying that there are some areas you do not want the Member to visit in the evenings and at night?

Mr. Temporary Deputy Speaker, Sir, what I am saying is that these are some of the areas that are prone to criminal activities. However, I am beefing up security in those areas. But I want them to be alert when they are in those areas. In Starehe Division, we have Thika Road, Muthaiga North residential estate, Utalii Drift, Korogocho, Mathare, Kosovo, Mathare 4A, Laundry Estate, Ruaraka, Wood Street, Eastleigh, Wood Housing of Miracles International Church in Ngara. In Gigiri Division we have Runda, Parklands, Spring Valley, Ruaka areas and Kirazi. In Kilimani Division we have Kibera, Kilimani, Upper Hill, Kenyatta Market, Ruapa Road, Othaya Road, Hospital and Elgon roads. Mr. Temporary Deputy Speaker, Sir, in Kajiado North Division we have Ololua, Matasia and Ngong’. In Dagoretti Division we have Kabiria, Ngando, Uthiru, Kangemi, Lavington, Waithaka, Mzima Springs and Kawangware Stage II. In Embakasi Division, which is the last one, we have Tassia, Mukuru kwa Njenga, Imara Daima and Pipeline. Mr. Temporary Deputy Speaker, Sir, the following measures have been put in place to curb the crime rise:-

(i) foot and mobile patrols have been intensified in those areas which I have mentioned;

(ii) Security vigilance around vital installations has also been intensified;

(iii) Screening and surveillance within church compounds have been intensified;

(iv) Officers have been deployed in hotels, bus stages and churches as we speak;

(v) Random ambushes and raids have been intensified. Mr. Temporary Deputy Speaker, Sir, Nairobi is not as bad as people might think. Nairobi is a safe city; I would like to tell my colleagues that I have beefed up security in the areas I have mentioned. There are police patrols 24 hours and you need not panic at all.

Mr. Temporary Deputy Speaker, Sir, if you recall, my request for a Ministerial Statement was triggered by the tragic grenade attack at the Machakos County Bus Station, in which ten Kenyans died. One of the things I wanted to know from the Minister was how many people had been arrested and how many have been brought to court in respect of the incidents of this kind that have taken place in our capital city. From his own admission, apart from investigations going on, no one had been arrested for these ghastly attacks that have claimed so many lives in our capital city; so are the many cases of grenade attacks that have taken place in Nairobi since last year. Not one person has been arrested and brought to court. This means there has been total failure on the part of

Mr. Hassan, I think you need to be specific with your question. That way the Assistant Minister can answer you.

Mr. Temporary Deputy Speaker, Sir, I am just trying to show that, in fact, from what the Assistant Minister has said, there is not a single safe neighbourhood in Nairobi, and his Ministry has completely failed. What I want to know from him, as far as Eastleigh and Kamukunji are concerned, is, with increased robberies in Eastleigh, what are the chiefs in Eastleigh North and Airbase doing? Have they not failed in their jobs? In Pumwani, robberies have increased in Gikomba. There is a police station in Shauri Moyo; are the police officers there not sleeping on their job? What action is the Assistant Minister taking? We have had no District Commissioner (DC) in my district for the last six months; when is the Assistant Minister going to appoint serious officials who are going to take care of the security and the administration of Kamukunji?

Very well. Let us have Mr. Imanyara and then Mrs. Millie Odhiambo

Mr. Temporary Deputy Speaker, Sir, you heard the Assistant Minister make a very shocking admission that as a result of very poor investigations in the cases that were taken to court, two suspects were acquitted. This is with respect to a very serious incident at the bus stop. Will the Assistant Minister agree with me that part of the reason for these acquittals is that instead of investigating there is every likelihood that security personnel, police officers, may be involved in these acts of terror that have made every place in Nairobi unsafe? The Assistant Minister should not tell us that Nairobi is safe when, in his own admission--- He has out read every location of Nairobi, including Thika Road, which starts from the city centre all the way to Thika, as unsafe.

Mr. Temporary Deputy Speaker, Sir, I would like the Assistant Minister to know that from the Statement he has shown almost every part of Nairobi is unsafe. He then concluded that we should be relaxed because Nairobi is safe. In fact, he has just advised me to avoid some areas, which are so numerous, and include where my friends live. That is, Kamukunji, Runda, Muthaiga and Mathare. Is the Assistant Minister in effect basically telling me that I should not be travelling at all at night? Can the Assistant Minister tell me which place is safe and which I can visit at night, so that he does not curtail my freedom of movement at night?

Let us deal with that and then we will come for the second round.

Mr. Temporary Deputy Speaker, Sir, I will start with

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

Wewe kaa chini !

Mr. Mwadeghu, what is your point of order?

Mr. Temporary Deputy Speaker, when the Assistant Minister is on his feet---

Mr. Temporary Deputy Speaker, Sir, is the Assistant Minister in order to tell hon. Odhiambo-Mabona that Nairobi is safe yet he is the very same Assistant Minister who advised her to avoid certain areas in Nairobi? That is a contradiction.

You see! That is a frivolous point of order. This is because I mentioned here that those are areas which were not very safe. What have I done for them to be safe? I have posted there a number of police officers in civilian clothes; you would not even recognize one. You can now walk in those areas during the day or at night and nothing will happen to you, because we have enough security in the areas I have mentioned. Mr. Gitobu Imanyara asked me whether or not the security personnel are involved in this problem. No, they are not involved, not in any case that I am aware of. If, indeed, it is true that some of the security personnel are involved they know the consequences. There is nothing like transferring them. I will dismiss them on the spot. We will not allow any security personnel to involve themselves in criminal activities. The law will take its course.

On a point of order, Mr. Temporary Deputy Speaker, Sir. He is not addressing the issue I raised. In your answer, Mr. Assistant Minister, you talked about the reasons for acquittal. You talked about lack of investigations – rushing to court without thorough and comprehensive investigations. What steps are you taking to ensure that such serious incidents are properly investigated? Please, do not dramatize. This is not an issue to trivialize.

Mr. Temporary Deputy Speaker, Sir, this is a very serious issue. Ordinarily, we arrest suspects after doing preliminary investigations. After arresting the suspects and they are taken to court, we are told that the evidence we have produced in court is not enough to charge somebody with murder. So, we have re- investigate the matter thoroughly. That is exactly what we are doing. Hon. Gitobu Imanyara knows what the Constitution says; it states that within 24 hours you have to take the person you have arrested to court.

On a point of order, Mr. Temporary Deputy Speaker, Sir. This Assistant Minister must be very serious with this House. He is in charge of intelligence, the Criminal Investigation Department (CID), the General Service Unit and the whole security arm of the Government. It is not a Member of Parliament who is in charge. Is it in order for him to wait for a Member of Parliament to tell him that these are rogue police officers? Is it for the Member of Parliament to tell you that the police officers you have in Eastleigh in Kamkunji are the ones colluding with thugs? It is your intelligence officers who are supposed to tell you that. Do not mislead the House!

Mr. Temporary Deputy Speaker, Sir, he rightly says it. The intelligence officers have told me that these officers are doing a good job. You are very right. However, I will investigate what the hon. Member has stated in this House, that there are some who are colluding with criminals. I will investigate. It is subject to investigations.

Mr. Temporary Deputy Speaker, Sir, of late we have been experiencing grenade attacks and suspects are held, but later released. Why is the police so casual in their investigations, thus allowing the security situation in the country to worsen?

Mr. Temporary Deputy Speaker, Sir, Kamkunji and particularly Eastleigh, is a commercial hub that is only second to the Central Business District (CBD) and Westlands in terms of revenue generation in this country. The Kenya Revenue Authority (KRA) can confirm that. For reasons known to this Assistant Minister and the Government, Eastleigh has no sewerage, road network, or any Government infrastructure. Today, the business community in Eastleigh cannot do business because its members are being shot one after another. He visited Eastleigh. Could he confirm when he will put up a police station in Eastleigh? The business community in Eastleigh had a session with him and they are ready to provide land. Why is the Assistant Minister not putting a police station in the middle of Eastleigh business hub? What is the Government doing if it cannot guarantee the security of businesses and investors in this country? You had better resign as a Government!

Mr. Temporary Deputy Speaker, Sir, this is a very important matter that we are discussing this morning, the matter of security in Nairobi, particularly in Eastleigh in Kamkunji. It has been the trend that any time there is an unfortunate incident, the police conduct an operation where innocent victims are harassed. What is the Assistant Minister doing to stop the police from harassing innocent people, who have nothing to do with insecurity in Eastleigh or the City of Nairobi.

Mr. Temporary Deputy Speaker, Sir, security is very important and I think the Government is not taking its responsibility very seriously. I do not think the solution lies in building and operationalizing police stations – it is too expensive. Why can the Government not invest in surveillance cameras? Why did we invest billions in the Thika Highway and fail to invest a billion shillings in buying surveillance equipment that will solve the myriad of problems? Even yesterday people died in Mombasa. If cameras

Mr. Temporary Deputy Speaker, Sir, those concerns are quite important, especially in helping us reform the whole department. With regard to hon. Pollyins Ochieng’s question, acquisition of CCTVs is underway as we speak. In fact, yesterday we appeared before his Committee, and said that we had received some money and that we were going to install CCTVs within Nairobi and later on expand to Mombasa, Kisumu, Eldoret, Nakuru, Nyeri and Meru. We have some money for that. We have about US$100 million for purposes of installing the CCTVs. Hon. Affey said that during police raids innocent wananchi get harassed. Innocent

should not be harassed at any time we are raiding a place. This is because we want to get rid of criminals and we know some of them stay with innocent wananchi. When you are staying with a criminal, you, the innocent Kenyan, will not know that this person is a criminal. You will see the guy staying in the house the whole day sleeping. At 7.00 p.m. he goes out. What is the guy going to do? He is going to harass businessmen in order to make a kill. Those are some of the areas we are now zeroing on. We are not going to harass any innocent Kenyan. We are looking for those criminals to get rid of them, so that business in Eastleigh continues without any problem. Hon. Duale was talking about some failed departments in Eastleigh. He said that there is neither a sewerage system nor street lights. I want to assure the hon. Member that when I visited Eastleigh, we agreed that we need to partner in terms of getting good services with regard to security matters. We must encourage private partnership. Again, I will be visiting Eastleigh very soon. I want the hon. Member to identify a building within Eastleigh, where I can post some officers. Those officers will be patrolling day and night. That is the only solution. Eastleigh is a hub where Kenyans are making money. In return, they are giving a lot of money to the Exchequer which we cannot afford to lose. Mr. M’Mithiaru says that investigations are casually done. No, that is according to him. There is no way a police officer---

Are you referring to Mr. Njuguna?

(Mr. Ojode)

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

I will take that point of order and then go to Mr. Hassan for the final question.

Mr. Temporary Deputy Speaker, Sir, is the Assistant Minister in order to say that investigations are thorough and conclusive and yet, over 116 cases so far have been reported to the police, but nothing serious has been done about them?

(Mr. Ojode)

Mr. Hassan, you can now take your time to ask your final question then we will stop there.

Mr. Temporary Deputy Speaker, Sir---

Could I give him one minute?

Order! Ask your final question if you have any!

Mr. Temporary Deputy Speaker, Sir, the Assistant Minister went around on the key issue that I asked him. What action is he taking against corrupt and incompetent police officers and chiefs in my constituency? The failure to maintain law and order must surely lie in one particular place which is the officials that he has placed there. I have mentioned our concerns about the inability of those officials to undertake the responsibilities that they had been given.

The second issue I raised is the fact that we have not had a District Commissioner (DC) in my constituency for a long time. He has not replied to that one as well. Security is a very serious matter. I am very concerned that the Assistant Minister has become the master of cock and bull stories in our House. I think he should take these things very seriously, including the plight of our city. Security hinges on development. So, our inability to provide security is making us lose billions of shillings in investment and trade. But he stands up here to say that Nairobi is a safe city when we know that it is not the case. He has mentioned 116 cases which have been reported. However, not a single case or person has been found guilty. They have all been acquitted. So, there is total failure in investigations and in maintaining law and order. I must urge him to take his job seriously and make our neighbourhoods safe and secure.

(Mr. Ojode)

On a point of order, Mr. Temporary Deputy Speaker, Sir. I have noticed that while the Assistant Minister was addressing the House, the substantive Minister, watching his performance, decided to come and assist him. Would I be in order to request that the substantive Minister answers that last bit because his Assistant Minister is not going to answer all the issues that have been raised? Now that the substantive Minister is sitting next to him---

Order, Mr. Imanyara! While I know the substantive Minister is here in the Chamber, but Mr. Ojode is also a competent Assistant Minister in this particular Ministry. He is competent to answer this Question, even the last portion.

(Mr. Ojode)

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

(Mr. Ojode)

Mr. Ojode, do you want to be informed by your colleague?

(Mr. Ojode)

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

(Mr. Ojode)

Order, Mr. Hassan!

(Mr. Ojode)

Mr. Hassan, do you have a valid point of order?

Mr. Temporary Deputy Speaker, Sir, I wanted to inform the Assistant Minister that, in fact, we do have a district called Kamukunji. We have had a DC, but it has been vacant for the last six months. I want to know whether our district has been completely forgotten or it no longer exists in the mind of the Assistant Minister. When are they going to appoint a DC given the many problems that we have?

Please, deal with that matter.

(Mr. Ojode)

Order, Mr. Assistant Minister! You should be able to know that there is no DC in that particular station.

(Mr. Ojode)

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

Order, Mr. Hassan! What I have gathered from the Assistant Minister is that by the end of today, he will be able to deal with the matters pertaining to your constituency and also the matter of the DC.

Could he assure this House?

He has already done that. By the end of today, he should be able to deal with that matter. Next Order!

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 2 be amended— (a) by deleting the definition of “Authority” and substituting therefor the following new definition—

Mr. Temporary Deputy Chairman, Sir, I beg to move:-

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, clause 5 be deleted and replaced with the following new clause—

Mr. Temporary Deputy Chairman, Sir, I beg to move:-

THAT, Clause 6 be deleted and replaced with the following new clause—

Mr. Temporary Deputy Chairman, Sir, the amendment has been agreed upon between us and the Departmental Committee on Administration and National Security. We wanted to ensure the membership of the board that was going to manage NACADA is chaired by an individual who is vetted by Parliament and that individuals who are experts in health care, research policy and legal matters are also included in addition to the regular boards that include principal secretaries who are working in the sectors involved in the control of drug and alcohol abuse. So basically the major issue here is that we want the Chair of the board to be an individual above board in the fight against alcohol and drug abuse.

Are you satisfied, Mr. Njuguna?

Yes, Mr. Temporary Deputy Chairman, Sir.

Mr. Temporary Deputy Chairman, Sir, I beg to move:-

THAT, Clause 9 be deleted and replaced with the following new clause—

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, clause 10 be deleted and replaced with the following new clause—

(1) There shall be a Chief Executive of the

Authority who shall be Officer appointed by the Cabinet Secretary on the recommendation of the Board.

(2) A person shall not be qualified to be appointed as a Chief Executive Officer unless that person— (a) holds a degree from a recognized university; (b) has at least five years post graduate working experience in a relevant area. (3) The Chief Executive Officer shall hold office for a period of five years, on such terms and conditions of employment as the Board may determine, and shall be eligible for re-appointment for a further and final term of five years. (4) The Chief Executive Officer shall be an ex-officio member of the Board but shall have no right to vote at any meeting of the Board.

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, clause 14 be amended in subclause (1), by deleting the word “Minister” appearing in paragraph (a) and substituting therefor the words “Cabinet Secretary”.

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, clause 16 be amended in subclause (3), by deleting the word “Minister” wherever it appears and substituting therefor the words “Cabinet Secretary”.

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, clause 19 be amended by deleting the word “Minister” wherever it appears and substituting therefor the words “Cabinet Secretary”.

Mr. Temporary Deputy Chairman, Sir, what is the motivation?

Mr. Temporary Deputy Chairman, Sir, the amendments on clauses 14, 16 and 19---

We are on clause 19!

Mr. Temporary Deputy Chairman, they are all related. They are basically to put in line the fact that we no longer have Ministers, but Cabinet Secretaries. So, it is a consequential amendment to our new Constitution.

Hon. Kapondi, is that the position?

Mr. Temporary Deputy Chairman, that is the position.

The Member for Lari, are you happy? He is not even here.

Mr. Temporary Deputy Chairman, I beg to move:- THAT, Clause 27 be amended— (a) in subclause (1), by deleting the word “Minister” and substituting therefor the words “Cabinet Secretary”; (b) in subclause (2), by inserting the following new paragraphs immediately after paragraph (c)— “(d) prescribe, subject to any other written law, the manner in which persons operating drug abuse treatment and rehabilitation facilities and persons practicing in the field of drug abuse treatment and rehabilitation may be licensed; (e) prescribe guidelines for the prevention and reduction of drug demand and abuse.”

Mr. Temporary Deputy Chairman, I beg to move:- THAT, Clause 28 be amended by— (a) deleting the word “Minister” wherever it appears and substituting therefor the words “Cabinet Secretary; (b) inserting the following new sub clauses immediately after sub clause (2)— “(2A) Any person who, at the commencement of this Act, is a member of staff of the former Authority shall, on the appointed day, become a member of staff of the Authority on the same or improved terms and conditions of service as may be specified by the Cabinet Secretary.

Mr. Temporary Deputy Chairman, I beg to move:- THAT, the following new clause be inserted immediately before Clause 25 under Part V—

Mr. Temporary Deputy Chairman, this new clause is intended to give the new NACADA the power to convene an inter-agency forum, so that they would be discussing emerging trends on how to reduce abuse of drugs and alcohol. The purpose of this is clause is to describe what exactly will be taking place in those meetings.

I therefore, second the amendment.

Mr. Temporary Deputy Chairman, I beg to move:- THAT, the following new clause be inserted immediately before Clause 25 under Part V—

24B. The Authority may- (a) advise a lead agency to take the remedial measures necessary to address gaps, weaknesses and loopholes in the enforcement of laws or implementation of policies in drug control; (b) initiate inquiries into abuse of any drug or substance whether licit or illicit and submit recommendations for action to the relevant lead agencies in support of law enforcement; (c) require reports from lead agencies relating to drug control to facilitate preparation of report for submission to Parliament.

Mr. Temporary Deputy Chairman, I beg to second that the New Clause 24B be part of the Bill. It is describing the remedial measures the Authority would take in advising the inter-agency forum.

Mr. Temporary Deputy Chairman, I beg to move:- THAT, the Schedule be amended in paragraph 2 by deleting the word “Minister” wherever it appears and substituting therefor the words “Cabinet Secretary”.

Mr. Temporary Deputy Chairman, I beg to move:- THAT, the Long Title be amended by— (a) deleting the words “and chemical substances” appearing immediately before the word “abuse”; (b) inserting the words “alcohol and” immediately before the word “drug”.

Mr. Temporary Deputy Chairman, I beg to move:- THAT, the title be deleted and replaced with the following new title— “The National Authority for the Campaign Against Alcohol and Drug Abuse Act, 2012”.

Mr. Temporary Deputy Chairman, I beg to move:- THAT, Clause 1 be amended by— (a) deleting the expression “National Drug Control Authority Act, 2011” and substituting therefor the expression “National Authority for the Campaign Against Alcohol and Drug Abuse Act, 2012”; (b) deleting the word “Minister” and substituting therefor the words “Cabinet Secretary”; (c) inserting the words “which date shall not exceed ninety days from the date of publication” immediately after the word “appoint”.

Mr. Temporary Deputy Chairman, I beg to move that the Committee doth report to the House its consideration of the National Drug Control Authority Bill and its approval thereof with amendments.

Mr. Temporary Deputy Speaker, Sir, I beg to report that a Committee of the Whole House has considered the National Drug Control Authority Bill, Bill No.16 of 2012, and approved the same with amendments.

Mr. Temporary Deputy Speaker, Sir, I beg to move that the House doth agree with the Committee in the said Report.

seconded.

Mr. Temporary Deputy Speaker, Sir, I beg to move that the National Drug Control Authority Bill be now read the Third Time.

seconded.

Mr. Temporary Deputy Speaker, Sir, I wish to take this opportunity to thank NACADA and the Departmental Committee on Administration and

Hon. John Pesa! Is he out on official business? I understand the hon. Mover of this Motion is away on official parliamentary business. So, the Chair defers the consideration of this order to such other time as will enable the Member to move it, when he comes back from parliamentary business.

Next Order!

Mr. Temporary Deputy Speaker, Sir, I beg to move:- THAT, the Traffic (Amendment) Bill be now read a Second Time.

Mr. Temporary Deputy Speaker, Sir, this Bill intends to amend the existing Traffic Act. The Traffic Act as it exists today is not sufficient to control a whole array of violations on our roads.

Mr. Temporary Deputy Speaker, Sir, I believe that no country can become civilized if there is rampant disorder on the roads. Too many of our people are dying because of the carelessness and recklessness of our drivers.

Mr. Temporary Deputy Speaker, Sir, last year in July, my daughter who goes to Loreto Primary School was on a school trip to Meru. But because there is total disregard for the rules, a school bus that is supposed to carry 51 people was carrying over 80 people on a long distant trip. Somewhere along the way, the driver was over-speeding. The vehicle was not in good mechanical condition. The vehicle rolled and a couple of kids died. Seven kids had their limbs amputated because of that carelessness. Only four years ago, my follower was involved in an accident along the Kisumu- Busia Road that ended her life because of the carelessness of an un-roadworthy lorry driver. Every day, traffic accidents occur that take the lives of even members of one family in a colossal proportion. Something has to happen. You can blame the police. You can blame the authorities. But it is the duty of this House to act. We should realize that the laws that we have are archaic and are not sufficient to deter people from recklessness and lawlessness on the streets.

Mr. Temporary Deputy Speaker, Sir, a few years ago, people rode bicycles in rural areas and many other towns. If you go to Eastlands today, there are boda bodas . Those pikipikis are now the greatest killer of people. If you go to any hospital, there is a dedicated ward for pikipiki accidents. If you go to Kisumu, it is Ward No.2. If you go to Siaya, there is a ward. If you go to Migori, Embu and other hospitals, there is a ward dedicated for pikipiki accident victims.

Mr. Temporary Deputy Speaker, Sir, we understand that our youth are trying to make a living, but they have to make it within the law. The amount of lawlessness on our streets transcends all cadres of people. We see even when Cabinet Ministers are driving their vehicles or being driven with those flags, they are driven as if they area above the law. Even the policemen are scared of these vehicles. In this law, we want to bring this to an end and make everybody to live within the law.

Mr. Temporary Deputy Speaker, Sir, I have made a few proposals, but I hope that stakeholders will meet before we take this Bill to the Third Reading, so that we can cover every loophole that makes our roads “killer roads”.

Mr. Temporary Deputy Speaker, Sir, in this Bill, I am proposing that, in a bid to create order on the streets and end crimes such as those of misuse of vehicles which are stolen through people having multiple tags or vehicle registrations, we want the vehicle registration plates to belong to the Kenya Revenue Authority (KRA). If you buy a

Thank you, Mr. Temporary Deputy Speaker, Sir. First of all, I want to say that this is a very good amendment to our Traffic Act. You are aware that we have moved on. At Independence we were seven million Kenyans but now we are almost approaching the figure of 40 million. The trend in the numbers of our motor vehicles has increased proportionately.

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

The House rose at 12.30 p.m.