Hon. Members, I have two Communications to make. WELCOME TO RECENTLY ELECTED EALA MEMBERS – KENYA CHAPTER First, I wish to introduce to you and welcome this afternoon the recently elected Members of the East African Legislative Assembly (EALA), Kenya Chapter, who are seated at the Speaker's Row. They are as follows:- 1. The Hon. Joseph Kiangoi Ombasa - Chairperson, EALA Kenya Chapter 2. The Hon. Judith Pareno - Secretary of the Chapter 3. The Hon. Sarah Talaso Godana -Treasurer of the Chapter 4. The Hon. Peter Mutuku Mathuki - the Chapter Whip 5. The Hon. Mumbi Ng'aru 6. The Hon. Saoli ole Nkanae 7. The Hon. Nancy Abisai 8. The Hon. Zein Abubakar Hon. Members, the team is on an official orientation programme to Parliament between today 13th June 2012 and next week Thursday, 21st June, 2012. You will recall that this team is a product of a very rigorous process undertaken by this House, which culminated in their election on 31st May 2012. On behalf of the House and on my own behalf, I wish the team a fruitful orientation in our Parliament and success in their new assignment. Hon. Members, please, in our tradition manner, let us welcome those Members.

DELAYED TABLING OF ESTIMATES OF REVENUE/EXPENDITURE FOR 2012/2013 FINANCIAL YEAR Second, hon. Members, is a Communication relating to the Budget process. I will pause for a minute to allow the hon. Member for Kaloleni and others to walk in.

Mr. Speaker, Sir, I have Papers here to lay on the Table. But before I do that, I beg to give my apologies to the Chair and the House for what transpired last week on Wednesday, during the morning Sitting.

Mr. Speaker, Sir, before I ask my Question I want a correction done in part “c” of the Question. The words “out of the out of the Kshs.20 million meant for the Health Centre, only” should be deleted so that it makes sense.

asked the Minister for Public Health and Sanitation:- (a) why Kshs1,749,776.90 which was meant to pay the contractor of the Kibuline dispensary under the Economic Stimulus Programme project, was returned to the Ministry on 25th January, 2012 and, subsequently, to Treasury and yet the project was ongoing; (b) when Treasury will disburse the funds for use in the intended activity; and, (c) whether she is aware that Kshs3.9 million was left with the Ministry to purchase equipment and, if so, when the equipment will be supplied or the amount released to the MOH to procure the equipment, considering that the facility is now complete.

Mr. Assistant Minister, with that amendment made to the Question, are you still competent and able to answer?

Yes, Mr. Speaker, Sir. It has not changed much.

Proceed, then.

Mr. Speaker, Sir, I beg to reply. (a) A sum of Kshs1,749,776.90 which was meant to pay the contractor of Kibuline Dispensary, under the Economic Stimulus Programme Project was returned to the Treasury on 25th January, 2012 for re-voting, in line with the Government financial regulations. (b) Mr. Speaker, Sir, my Ministry has already released funds to the District Medical Officer of Health, Imenti North, amounting to Kshs1,749,776.90 for completion of Kibuline Model Health Centre. (c) My Ministry has already procured equipment through the Kenya Medical Supplies Agency (KEMSA) for distribution to all the model health centres in the country which have attained over 80 per cent completion rate including Kibuline Model Health Center.

Mr. Speaker, Sir, I thank the Assistant Minister for his answer. I can confirm that the Kshs1.9 million was given back to Kibuline. However, this health facility has been completed for the last six months but equipment is lacking. How soon shall the health centre get the equipment that has been procured because keeping it in stores does not help anybody?

Mr. Speaker, Sir, we procured the equipment recently. We have started distribution and I am sure that by next month, this facility will have all these equipment.

Thank you, Mr. Speaker, Sir. The problem that is in hon. Ruteere’s Constituency still persists in Mathira. Could the Assistant Minister confirm that all the dispensaries built under the Economic Stimulus Programme (ESP) will be operational by next month, now that he has already procured the equipment that is required?

Mr. Speaker, Sir, I thank the hon. Member for that question. As I said earlier on, we have started distribution and by the end of this month we will have either 90 per cent or 100 per cent equipment distribution.

Mr. Speaker, Sir, I am aware that the Government has started releasing funds for completion of health facilities under the ESP. However, my concern now is that the funds are being released when we are just coming to the end of the financial year. We know the process of disbursement of funds at district treasuries. What guarantee will the Assistant Minister give that these funds will not be returned to the Treasury upon the end of the financial year?

Mr. Speaker, Sir, I am not aware that we will be given extra funds to distribute to these facilities because as I have reported here, the last batch we were given was for the procurement of equipment and we have done that. We realize that the ESP was started in early 2010. The last batch we were given was for the equipment. We have already procured the equipment and distribution is in the process.

Thank you very much, Mr. Speaker, Sir. I would like to commend the Ministry for the confirmation of the distribution of the equipment. But the tragedy is that most of these health centres are complete but they lack human resources to handle the equipment. So, what has the Assistant Minister done to make sure that he is not take the equipment to an empty health centre where there is no personnel to handle them?

Mr. Speaker, Sir that is also a very good question. As we are all aware, this equipment needs specialized staff and we are experiencing this problem as a Ministry. However, we had budgeted for the recruitment of new staff so that they can be trained, so that the equipment does not stay idle.

Mr. Speaker, Sir, the cost of each of these projects, Ojola Dispensary in Kisumu included, was originally meant to be Kshs25 million. It was then scaled down to Kshs20 million so that the extra Kshs5 million could be used to purchase equipment for the health centres. Can the Assistant Minister confirm to the House that, indeed, Kshs5 million is kept aside and that the equipment is at KEMSA awaiting distribution so that the issue of money being returned to the Treasury does not arise?

Indeed, Mr. Speaker, Sir, that is what happened and that is how we managed to procure all the equipment for all the 210 facilities in this country.

Mr. Speaker, Sir, in some areas, like my area in Mathira, communities have come up health centres some of which have much better infrastructure than what the Assistant Minister has done. As a way of helping the community and encouraging them, could the Assistant Minister confirm that he will supply equipment to these facilities which communities have contributed to set up and assisted in terms of development?

Mr. Speaker, Sir, it is the tradition of this Parliament that for anything to be spent, it must be approved by this House and the Ministry of Finance. So, we will bring this proposal to the relevant authority which is the Ministry of Finance and if they give us money, yes, we can buy the equipment.

Mr. Speaker, Sir, I want the Assistant Minister to inform us when these health centres in the entire Republic will be operational. For some of us, this is the only semblance of a hospital that we have in our constituency to the level that the conditions that we were given under the CDF this year was that Kshs17.2 million was invested in that health centre so that we can build a theatre and make it operational. This would also mean that the medical personnel posted to North Horr can go to that health centre and start assisting the people of North Horr. Mr. Speaker, Sir, I want the Assistant Minister to tell us the plan that they have that will make this health centre operational in terms of human resource as well as the equipment.

Mr. Speaker, Sir, we have already started operationalizing some of these facilities. I said earlier on that we have opened those facilities which have been completed. In fact, I have personally opened about five. If the hon. Member is ready with his facility, he can write to the Ministry and we can operationalize it.

Mr. Speaker, Sir, my last question is; when does the Assistant Ministry think we should open Kibuline Health Centre/Dispensary; after having supplied that equipment that he is keeping in the stores?

Mr. Speaker, Sir, as soon as the equipment is supplied the hon. Member should write to us so that we can operationalize the health centre because we want to minimize the suffering of our people. Thank you.

asked the Minister for Local Government what plans the Ministry has to ensure that hawkers in Nairobi are facilitated to have a structured system to sell their wares in view of the rapid urbanization in the city.

Mr. Speaker, Sir, I beg to reply. The City Council of Nairobi and the central Government have been grappling with the idea of proper management of hawking and other related informal commercial activities in the city. The number of hawkers in the city has increased steadily due to the slow economic growth which does not create conditions for the supply of labour force and partly due to lack of preparedness to accommodate the informal activities in the city. Mr. Speaker, Sir, the Ministry, in conjunction with the City Council of Nairobi, intends to undertake measures in order to address the hawking challenges in Nairobi. To this end, the following sites are being proposed for upgrading and expansion in order to accommodate as many hawkers as possible. The areas include Uhuru, City Market, Mwariro, Westlands, Karandini, Dandora, Jericho, Umoja, Makadara, Shauri Moyo and

Mr. Speaker, Sir, I want to thank the Assistant Minister for his answer. However, does his answer emanate from “the Nairobi we Want Blue Print” that was done with the highest level of consultation by the former mayor, “Magic” Mwangi? One of his recommendations was to close certain roads within Nairobi during certain times to allow for hawking. As you are aware, there is no point of taking hawkers to areas where there are no customers. Is the Assistant Minister following that plan which suggested closure of the road that starts from the International Life House? It would serve as a hawking street for Nairobi residents on Mondays and Tuesdays, or Wednesdays? This is done in other countries.

Mr. Speaker, Sir, “the Nairobi we Want Blue Print” has been superseded by quite a number of other visions, including the Vision 2030 and the Nairobi Metropolis Vision. So, we are using the latest plans for that matter.

Mr. Speaker, Sir, I concur with the Assistant Minister’s answer. However, these hawkers are entrepreneurs and they create employment for the many youths. Does the Ministry have specific plans to expand this programme to other major towns like Nakuru and others? This should not happen only in Nairobi.

Mr. Speaker, Sir, under the Kenya Municipal Reform Programme there are other cities, particularly the major ones that are being considered. There are plans to accommodate hawkers there. Since this Question was specific to Nairobi, I only dwelt on Nairobi.

Mr. Speaker, Sir, we are asking for specifics. The practice where you would close, on weekends, certain short sections of roads and markets and make them available for hawking at reduced rates was the original plan for Nairobi; it was to affect Mama Ngina Street, which used to be called Queensway Street, and other areas around the CBD. What specific plans has the Ministry taken to implement that project, which was designed to help the poorest of Nairobi residents? That is what we want to know rather than his generalized statements about one programme having been overtaken by another one.

Mr. Speaker, Sir, as far as the issue of closing certain streets is concerned and specifically over the weekends in order to accommodate additional

Mr. Speaker, Sir, I am not too sure whether the question that has been asked is substantially different from the one in the Order Paper. This is because it arises generally from the same issue. What are they considering doing so that you actually consider timelines when people can hawk? This is done in other cities. We are dealing with a very simple issue as if it is a matter of rocket science. Why can he not just provide specific times when people can hawk even on major streets?

Mr. Speaker, Sir, as far as ensuring that we have spaces over the weekend, I will instruct the Council to provide me with specific guidelines. Most importantly, if they have not done anything to provide for this in their Council minutes, I will need to address that issue.

Mr. Speaker, Sir, the model we are asking for is the one already being used at the Maasai Market; they move from one area to another, say ten times in a week. It is that kind of arrangement that I am hoping the Assistant Minister can tell us about; does it exist to allow for hawking? Our population in Nairobi is about four million during the day and about three million during the night. This means that about one million people come from outside Nairobi to do business and many of them are hawkers. Does the Ministry have a plan, or they do not have one so that we can work together to provide it?

Mr. Speaker, Sir, the whole budget for the construction of additional markets is Kshs2 billion. On this particular issue, we will provide additional information as soon as we get it.

Member for Marakwet West. He is not present? The Question is, therefore, dropped.

asked the Minister for Education:- (a) if he is aware that Ms Alice Wambui Kabugi, a retired primary school teacher (TSC No. 73615) has been following up on her benefits since June 2007, without any success; and, (b) when she will be paid.

Mr. Speaker, Sir, you will recall that this is the third time we are addressing this matter to do with the pension of one Alice Wambui Kabugi, who is a retired teacher. The latest information I have from

Mr. Speaker, Sir, you have heard the Assistant Minister telling you that this Question has been on the Order Paper three times, which is true. Every time the Question appeared on the Order Paper, the Ministers sought time to go and find out when this pensioner would be paid her money. The first one was Minister Mutula Kilonzo on 10th May, 2012. He sought two weeks which he was given. On 22nd May, 2012 and 23rd May, 2012, more time was sought. I am not sure whether the Assistant Minister is satisfied with what he has told the House, that the process to pay this pensioner has started. The Question that was deferred was: When will she be paid? He has now come to tell the House that the “process---” I do not know what that “process” is. The Question was “when she would be paid”.

Order, hon. Kabogo! Avoid repetition. Assistant Minister, when will she be paid?

Mr. Speaker, Sir, I beg to explain the circumstances that led to the withholding of the pension for Alice. There was an overpayment of Kshs1 million to her account and as such, upon discovery of that anomaly, the Anti-Banking Fraud Unit at the Central Bank of Kenya (CBK) closed her account. I made it clear here that even if there was an over-payment, that should not interfere with the payment of the pension to Alice. So, I can only go by the undertaking that I have from the Director of Pensions that they are now processing the pension of Alice. I do not think there is much I can say.

Order, hon. Members! This matter has actually been transacted severally as indeed hon. Kabogo acknowledges but I see from what the Assistant Minister has tabled that the Director of Pensions, one, Anne Mugo, has undertaken that the pension for Alice Wambugu is being processed. Assistant Minister, will it be in order and will you undertake to monitor the Pensions Department and in particular the Director of Pensions who has given this undertaking to pay this pension not later than the end of July this year? Confirm that undertaking and follow up?

Mr. Speaker, Sir, I will undertake to follow up that issue and follow your directive to the letter so that payment is made by the very latest, end of July.

On a point of order, Mr. Speaker, Sir. Given that the Pensions Department is another department of Government, could he also, as he gives that undertaking assure and undertake to this House that he will not come back here and say that the matter is now in another Ministry which is handling it and that, in fact, that money will be paid because we know what happens? They will come and say that they are now a department of Government in the Treasury and their hands are tied. Can he give that undertaking that that will not be the answer he will give here when the matter comes up?

Order, hon. Imanyara! I know you have a genuine concern but the Assistant Minister has been made to give an undertaking to the House. I do not believe that undertakings are given lightly. If the payment is not effected by the end of July, we surely will deal with this Assistant Minister. An undertaking is a serious matter, hon. Imanyara and we know it.

On a point of order, Mr. Speaker, Sir. Now that he has given that undertaking, would I be in order to request that you direct that it be on the Order Paper on the first week after that July so that we monitor if it has been done?

For the moment, I am satisfied by that undertaking as given by the Assistant Minister. We will definitely take action if no payment is effected by the end of July.

Mr. Speaker, Sir, I agree with you but Standing Order No.82 requires a hon. Member to give information to the House that is accurate and you have heard the Assistant Minister say that the reasons why there was delay was because this lady was overpaid and it is on the HANSARD. So, could he table that information when he comes next in July because there is nothing like that? There was no overpayment into this lady’s account. I have gone with her to Kiambu. So, really, the Assistant Minister gave information knowingly to this House that was not actually factually correct. I ask for evidence, in addition.

That is genuine. Mr. Assistant Minister, did you say that she had been overpaid?

Mr. Speaker, Sir, in the answer that I gave initially, I said that she was awarded a commuted pension gratuity of Kshs823,530 and a monthly pension of Kshs10,294. However, upon processing of the payment voucher and release of her dues to her account No.005000736100 at Metropolitan Teachers Society Limited, Kiambu earlier known as Yambu Teachers Sacco, it was soon after discovered that Ms. Alice Wambui Kabugi had been paid a committed pension gratuity of Kshs1,823,530 which amounted to an overpayment of Kshs1 million. That is what I said.

Order, Assistant Minister! You have heard the directions that I have made and you have in turn given your undertaking that this matter will be satisfactorily disposed of not later than the end of July this year. If you fail to do so, we will of course enforce sanctions on you which are for the moment nondescript but can be very severe and bear in mind that you want to be re-elected at the next elections. So, what we may do to you may affect your re-election.

Mr. Speaker, Sir, you know that in the past I have kept my undertakings.

Next Question by hon. Koech!

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

Mr. Speaker, Sir, I beg to reply. (a)Yes, I am aware that Messrs Abraham Korir of Personal File No.72410, Christopher Chepkwony, Personal File No.45261, Mark Ngeny, Personal File No.88606 and Jacob Mutuka, Personal File No.46444 were members of Mawasiliano Sacco. (b)Yes, I am aware that the said members have not been paid their share contributions and other benefits. (c)Yes, Telkom Kenya Limited embarked on massive staff retrenchment between the year 2006 and 2008. In the process, 397 employees who were bona fide members of Mawasiliano Sacco were affected and became defaulters in offsetting loans owed to the Sacco. Their total indebtness to the Sacco stood at Kshs51, 062,660. As a result, the Sacco had liquidity problems that could not enable it pay off its obligations including deposit refunds and other benefits to the members. Efforts to have the monies due recovered from the retrenchees benefits failed thereby prompting the Sacco to file a suit as follows:- (1) The Sacco filed a suit with the Co-operative Tribunal (Case No.213 of 2006), seeking to block any payments to the retrenchees by Telkom Kenya Limited. The Tribunal considered the application and made a ruling in favour of Telkom Kenya Limited, thereby dismissing the suit with costs to Telkom Kenya Limited. (2) When the case was thrown out, the Sacco went to the High Court (Case HCCC No.868 of 2010), seeking orders from the High Court to commit Telkom Kenya Limited to the debt. The matter is pending before court. Mr. Speaker, Sir, this scenario does not allow the Minister for Co-operative Development to take any action since doing so will prejudice the case that is pending before the court. However, the society has in the past made considerable progress in refunding to its former members their dues through the concerted efforts of the Ministry and the management committee of the Sacco. A total of Kshs46 million has been paid up on first come, first served basis. As I promised last week when I asked for more time, I was to table before this House a list of all the employees, and not just the four former employees mentioned in the hon. Member’s Question, so that hon. Members can peruse it and avoid bringing more Questions on this matter. May I table the list, Mr. Speaker, Sir?

Yes, you may.

Mr. Speaker, Sir, the second document is a list of the 397 members of

Sacco, who were retrenched, and who owe the Sacco Kshs51,062,660. May I table the list, Mr. Speaker, Sir?

Proceed.

Mr. Speaker, Sir, I conclude.

Very well. Yes, hon. Koech.

Mr. Speaker, Sir, the Assistant Minister’s answer shows very clearly that it might take a long time before these three frustrated Kenyans get paid. The three have been out of service for the last four years. As indicated by the Assistant Minister, the reason for this is the defaulters. Looking at the efforts made by Mawasiliano Sacco, it is like they went to court, first, seeking that Telkom Kenya Limited does not pay the defaulters. Secondly, the Sacco sought that Telkom Kenya Limited pays the loans that were taken by the defaulters. What is the Ministry doing to ensure that Mawasiliano Sacco Limited actually reaches out to the defaulters to pay back the money, so that the legitimate shareholders of the Sacco can be paid? By when will these three Kenyans be paid?

Mr. Speaker, Sir, as I had earlier indicated, this matter is in court. However, there is a Section in the Pensions Act which prohibits an employer from taking an employee’s pension to recover loans. So, in this case, Mawasiliano Sacco Limited could not take the dues that were paid to these employees as terminal benefits when they were retrenched by Telkom Kenya Limited. As to when the three will be paid, it will depend on the ruling of the High Court. If the High Court rules in favour of Mawasiliano Sacco Limited, they might get instructions to get a debt collector to collect the money from the retrenched employees. As for now, I cannot give a timeframe since that is a matter which is in the jurisdiction of the High Court.

Mr. Speaker, Sir, I have an interest in this matter because my own sister-in-law was affected by this retrenchment. I know that before the former employees of Telkom Kenya Limited were sent home on retrenchment, an agreement was reached, and part of that agreement was that Telkom Kenya Limited would actually make a payment equivalent to the Kshs51 million that the Assistant Minister has referred to, to cushion the retrenchees from losing any of their benefits. Why did Telkom Kenya Limited not deposit this money as per the agreement they had reached with those who were affected by the retrenchment?

Mr. Speaker, Sir, if this money was paid, it was paid to the retrenchees. If I may advise the hon. Member on this case, it is Mawasiliano Sacco Limited which has not been re-paid the loans it gave out to the397 members who were retrenched by Telkom Kenya Limited. If the retrenchees reached an agreement with Telkom Kenya Limited, then the money went to the retrenchees. In this case, it is

Last question, Member for Mosop.

Mr. Speaker, Sir, the three former members of Mawasiliano Sacco Limited are really crying and seeking for a direct and clear help from the Ministry of Co- operatives Development and Marketing. The Assistant Minister has indicated that so far,

Sacco Limited has been able to pay up to the tune of Kshs46 million on first-come, first-served basis. How sure is she that the payments have actually been made on first-come, first-served basis? Is she involved in ensuring that when money becomes available for the next payment, the three former members of the Sacco benefit? I have been going to her office on the same. Could she confirm to this House that once the Sacco gets money for the next payment, the three former members will actually be paid?

Mr. Speaker, Sir, I have tabled before this House a list of former employees of Telkom Kenya Limited who have not been paid their dues. I do not know where these three former members fall – whether they are among the first ones or the last ones on the list. The former members of the Sacco are being paid on first-come, first- served basis.

Very well, Assistant Minister. Member for Mosop, the information is available. Kindly, take time to peruse those documents. Next Question, Member for Makueni.

asked the Minister for Public Health and Sanitation:- (a) whether she is aware that there is no delivery room in Kavuthu Health Centre in Mbitini Division, Nzaui District, and that expectant mothers have to be referred to Makindu District Hospital, over 60kms away; (b) what urgent measures she is taking to solve the problem.

Mr. Speaker, Sir, I beg to reply. (a) I am not aware. (b) My Ministry started offering maternity services at the new delivery room situated at the facility with effect from 1st November, 2011.

Mr. Speaker, Sir, I would like to thank the Assistant Minister. He is one of the few Ministers who give straightforward answers to Questions. However, this facility stayed for a long time without offering maternity services merely because the hospital lacked a maternity bed but I understand that a donor has since donated a maternity bed and that is why services have resumed. Is the Ministry now prepared to provide the essential equipment that goes hand-in-hand with the maternity bed, so that efficient delivery services can be offered at that facility? I have already supplied the

Mr. Speaker, Sir, we have received the request of the equipment. We are going to consider it with a view to supplying the equipment, so that there can be smooth delivery of services at the facility.

Mr. Speaker, Sir, once again, I want to thank the Assistant Minister for that assurance. However, the facility cannot offer services for 24 hours because it lacks electricity. The health centre is at a market centre where there is electricity. Could he consider having this facility connected to the National Grid, so that electricity can be supplied to it 24 hours a day?

Mr. Speaker, Sir, I will look into that request. However, I would like to ask the hon. Member if he could share costs with us through the Constituency Development Fund (CDF). There is also the Rural Electrification Project through the CDF.

asked the Minister for Energy:- (a) whether he is aware that the works at the small power plant being constructed in North Horr, Marsabit County has stalled; (b) what the reasons for stalling of the project are; and, (c) when the construction works will recommence and be completed to enable the residents of North Horr have access to electricity.

Mr. Speaker, Sir, I beg to reply. (a) The construction works at the small power plant in North Horr Town has not stalled but it has delayed. (b) The delay in the implementation of this project was caused by a procurement challenge. The tendering process was concluded in early 2009/2010 but annuled by the Public Procurement Oversight Authority (PPOA) after an appeal by one unsucceful bidder. (c)The tender was then re-advertised on May, 2010, and awarded in November, 2010. To date, work is in progress. It is expected, however, that the commissioning of these works will be done by 31st July, 2012.

Mr. Speaker, Sir, I want to thank the Assistant Minister for the response and for stating clearly that they are to be commissioned by 31st July, this year. This is the first power plant in the entire constituency. For two years we have been very anxious as the people of North Horr Constituency that, at least, one of our towns will have one form of power. Could the Assistant Minister guarantee that the project will be commissioned on 31st July? I was in the office two weeks ago and I was given a different date, earlier than this. I want a firm commitment.

Mr. Speaker, Sir, I want the hon. Member who is a very good friend of mine to trust me. I want to give reasons why the date that I have given him is correct. We have a process that we have to follow to ensure that the job is done once and for all. Of course, I want to apologise for the delay. You know very well in the Ministry of Energy we do not want to preside over inefficiencies. I will not defend our people on the ground who were supposed to implement this project. But because of the reasons that I have given, and I have now taken responsibility, hon. Chachu should not have any worry or doubt. I want to assure him personally that I will be there to commission the project on the said date.

Mr. Speaker, Sir, by the time the station in North Horr was started, the one in Laisamis and many other stations in this country also commenced. What is the fate of stations in Laisamis, Mandera and other places which were started at the same time - two and a half years ago? We want an answer from the Assistant Minister because we need electricity badly.

Mr. Speaker, Sir, my colleague from Laisamis is suffering almost a similar fate. This job was awarded to one contractor who works in that area. I think the challenges that we have faced have been adressed. I want to assure the hon. Member that in his case, the transformer got destroyed when it was being mounted and I think there was a problem. We did not think it was fit for us to put for him a faulty transformer. We have now procured a new transformer and I want to assure the hon. Member that his case might be completed earlier or specifically on the same date since I will be in the area to ensure that the people of the entire area of Marsabit and North Horr are able to enjoy electricity like other Kenyans.

Mr. Speaker, Sir, the current Constitution emphasizes a lot on fair distribution of resources. Electricity is one of the resources that need to be shared equally. You will find that there are some areas that have high connectivity while others like Marsabit and Mumias have very low connectivity. What has the Assistant Minister done in his Ministry to make sure there is fairness in the distribution of power?

Mr. Speaker, Sir, the concerns of the hon. Member are genuine. However, you will recall that this House gives the opportunity to Members of Parliament to prioritize projects within their constituencies. So, it can be very difficult for me if hon. Members do not prioritize some of the areas that they feel require access to electricity. I will undertake an affirmative action to ensure that some of the areas like North Horr which are vast are given slightly more funding than others. That does not mean that we have to distribute every single resource in this country in a proportion that is equal. Hon. Members have to appreciate the fact that some areas are sparsely populated and distances between urban centres or villages and others are quite big. In the area that we are talking about, we have spent about Kshs136 million but we have not been able to do as much if we would have spent Kshs136 million in Mumias. So, I want hon. Members to understand me and help me when they have their constituency allocation to be able to do the correct prioritization.

Mr. Speaker, Sir, God willing, I will wait for the Assistant Minister on 31st in North Horr. I have no further question.

I will be there, Mr. Speaker, Sir.

asked the Minister for Education:- (a) what the Government is doing to ensure that books and instructional materials for primary and secondary education that parents buy address social issues such as gender, environment, HIV/AIDS, children rights, human rights, computers, drug abuse, school safety, peace education, among others, and; (b) whether there are plans to have regional and decentralized centres for the production of such books and instructional materials.

Mr. Speaker, Sir, I beg to reply. (a)The Ministry, in consultation with education stakeholders continuously reviews curriculum for both primary and secondary schools and ensures that emerging issues are captured and incorporated as topics or new subjects. In some cases the issues become cross-cutting throughout the whole curriculum, for example, HIV/AIDS. The Kenya Instutute of Education approves school books and other instructional materials carrying the KIE logo. Parents are, therefore, requested to ensure that the books they buy are KIE-approved. (b) It is definitely ideal to have the centres set up or decentralized for production of school books and other instructional materials. The Ministry has published the Kenya Institute of Curriculum Development Bill, 2012, and it is awaiting enactment into law by Parliament. The hon. Member is, therefore, requested to give his input towards actualization of this idea of decentralizing the functions of the KIE.

Mr. Speaker, Sir, I want to thank the Assistant Minister for his answer. In his answer he has failed to address totally the issues that I have mentioned as emerging issues. I have mentioned nine of them and he has simply touched on one. His answer says that these emerging issues are reviewed according to the needs and in consultation with stakeholders. What has the Assistant Minister done to ensure that there is a timeline which in itself tells us when the other emerging issues that he has avoided to adress will be incorporated into our school curriculum at both primary and secondary school levels? Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I thought I was going to be reasonably brief but if the Member wants me to be detailed, I could attempt to do so. I know the emerging issues that have been raised are social issues such as gender, environment, HIV/AIDS, children rights, human rights, computers, drug abuse, school safety and peace education among others. I want to assure the Member that curriculum development--- When I answered and said that emerging issues are captured and incorporated as topics I meant exactly that. These issues are factored in when you are writing or developing a geography curriculum you will touch on issues that have to do with environment; when writing or developing curriculum in history you will touch on human rights. I wanted to be brief but

Mr. Speaker, Sir, I also want to thank my namesake, Mr. Odhiambo, for bringing this very important Question. I want to indicate that when I worked in the civil society I worked with seven Ministries of the Government of Kenya, including the Ministry of Education, in a programme called “mainstreaming in action” that was supported by development partners, including the Swedish International Development Agency (SIDA), which sought to mainstream what you call cross-cutting issues and which are what Mr. Odhiambo wants put in curriculum. Mr. Speaker, Sir, it was not an accidental process the way the Minister is saying. Is there a policy that has been developed to mainstream these cross-cutting issues in curriculum development? These are issues of environment, human rights, children’s rights, protection from violence against women and men and peace.

Mr. Speaker, Sir, I do not have the policy with me, but there is. I will gladly table the policy.

Mr. Speaker, Sir, the Assistant Minister has clearly said that these new issues like HIV/AIDS, children’s rights, drug abuse, among others, are emerging issues in this society. These emerging issues need serious consideration. Having a curriculum that does not provide a basis for professionals who teach is very serious. I want the Assistant Minister to undertake to this House, and this country, that these issues need psychologists and counselors who would lead this process in order to cure them in our society. Could the Assistant Minister assure this House that they will employ enough of them or train them?

I fully conquer with the hon. Member. There is need to employ people who are versed in different issues that are emerging to make sure that these things are captured properly in our education system as we try to implement Vision 2030. We definitely need to get the correct personnel. I fully agree with the Member and we will try as much as possible to make sure that we hire enough personnel to address those issues.

Last question, Mr. Odhiambo.

Mr. Speaker, Sir, in the second part of the Question, I have addressed myself to the fact that the Ministry should be thinking about decentralizing the functions of the Kenya Institute of Education (KIE) which develops the curriculum in accordance with the new Constitution. We are devolving our systems to the counties. Here, you are not addressing that as such. What are you doing about it so that we can decentralize these services as per our new Constitution?

Mr. Speaker, Sir, I think I said that there is a Bill that has been published. Maybe I should table the Bill for the hon. Member’s sake, and so that he can give his input. I fully concur with the hon. Member that we need to decentralize. We have a new Constitution that recognizes devolved Government, and these institutions need to get to the grassroots. I think we have made an attempt and his input will be graciously received.

Order, hon. Members! That brings us to the end of Order No.6. Next order.

Mr. Speaker, Sir, I stand to seek a Ministerial Statement from the Leader of Government Business with regard to the massacre that rocked Ndoleri Division of Igembe North District on the morning of Friday 8th of June, 2002. Mr. Speaker, Sir, noting that these attacks were unleashed on the people of Ndoleri while a sleep by the raiders who are believed to have come from the Kina area in Isiolo South District, the Leader of Government Business should explain the cause of the brutal act that left seven people dead on the spot and another succumbed to gun injuries on 12th of June. I would want the Minister to confirm that these raiders, who did not carry anything with them, also killed four head of cattle. I would also wish the Minister to explain the action the Government is taking to track and apprehend the killers. Mr. Speaker, Sir, in the Statement I would also want the Minister to explain the actions taken by the Government to avert a recurrence of similar attacks and\ or avert any possible retaliatory attacks. I would also want the Minister to consider establishing a security camp at Kinandubaa area to enhance security in the region, and to confirm that the Government will extend some assistance to carter for the burial and other related expenses to the families of the bereaved. Mr. Speaker, Sir, I would also want the Minister to confirm that the Government will recruit Kenya Police Reservists (KPR) in the community to enhance security. When giving the response, I would wish that the Minister takes cognizance of the fact that I had talked to the late Minister of State for Provincial Administration and Internal Security; I quickly rush to join the rest of the Members and the rest of Kenyans to mourn the Minister. He had promised to visit that area in my constituency today, 13th of June. He was to address these issues. Therefore, the Minister in his response should reassure my constituents that he will actually take up this issue the way the late Minister had planned to do. Thank you.

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

Order, you will have to supplement that because I know that that area is around you.

Indeed, Mr. Speaker, Sir. Whoever it is from the Government who rises to give that Ministerial Statement, given that the burial for these unfortunate Kenyans is scheduled for Monday, if it can be given tomorrow and the Government can undertake to meet the expenses of the funeral that is going to take place on Monday rather than wait for the Statement to come after the funeral because these are poor people who have been affected by this massacre. Since the funeral is for Monday, there should

Order! Hon. Members, you will notice that that Statement was approved to be raised to the Leader of Government Business because of the urgency of it and the fact that the situation which has arisen in that area needs to very quickly be brought under control, if not contained. So, Deputy Leader of Government Business, can you give certain assurances because the security of Kenyans is paramount and it must be kept all the time?

Mr. Speaker, Sir, on behalf of the Government and I believe all of us, let me start by passing our condolences to the families that were affected in this very unfortunate incident and to ask the people within that area to just stay calm as we carry on the investigations that will lead to the sorting out of not just that incident but avoid a recurrence of any similar incidents in that area or indeed in any other section of this country. I would also want to assure the House and Kenyans that the security personnel are alert to these incidences and are doing whatever they can to avert similar issues. In terms of a more comprehensive Statement of what happened, that may well have to come next week. However, in terms of the issue of the expenses being on Monday, let me undertake to consult and we can see what can be done between now and Monday within the normal administrative structures with or without a Statement to Parliament. I believe that is the fairest thing so that we get a comprehensive Statement next week and then in terms of the funeral, I will undertake to consult with the Office of the President and we see what can be done to assist the situation.

Yes, except this: That given the urgency of the matter and the anxiety which has been created in that area, can you reconfirm the promise by the late Minister of State for Provincial Administration and Internal Security that the visitation which he had undertaken to make will still be made?

Mr. Speaker, Sir, I am sorry, I forgot about that. We will also make arrangements at some point for the visit either from that Ministry whenever the appointments are made or before, that we will liaise with my Leader of Government Business to see what level of representation would be necessary to go and provide the political solution. This is because it is the political solution to the issue. The technical matters are already ongoing but that would be to provide a political solution to the matter. We can work on who of the Ministers will facilitate that.

Minister, ensure that you are on top of the matter and that a Statement is ready to be delivered in the House on Wednesday next week in the afternoon. It may be you or your colleague, the Vice-President and Minister for Home Affairs but that Statement surely must come.

Obliged, Mr. Speaker, Sir.

Very well! Mr. Imanyara.

Order, Mr. George Nyamweya! We are moving on. That particular matter raised by Mr. M’Mithiaru is closed.

Thank you, Mr. Speaker, Sir, for this opportunity for me to seek a Ministerial Statement from the Attorney-General regarding what I see as a very dangerous emerging trend of interference by the Executive on the constitutional principle of separation of powers. This arises directly out of the unfortunate incident in which two of our colleagues died under yet unexplained circumstances. The first part relates to the summoning of Members of Parliament to what was essentially an Executive function through the Permanent Secretary in the Office of the President who is also the Acting Head of Public Service through an SMS addressed to hon. Members. It is established that when the Government wishes to relate with the Legislative arm of Government, it should come through your Office and through the Clerk and we should never be summoned to meetings of the Executive as Members of Parliament. Secondly, at that meeting, His Excellency the President indicated that there would be a thorough, fair and impartial investigation of the circumstances that led to the death of our two colleagues. Immediately thereafter, the Minister for Transport purported to make an announcement under which he appointed a member of the Executive to sit in an investigation of the incident contrary to the provisions and constitutional practice and also the principle set out in the law regarding the setting up of commissions of inqury. In that Statement, we need to be explained the basis upon which the Executive would purport to directly interfere with the Judiciary by appointing a serving member of the Judiciary to a committee that is not a judicial commission of inquiry and that has not followed the law relating to public inquests. This is important as we move towards implementing the new Constitution. It is very important and as we go to the General Elections that each arm of Government recognizes their areas of competence and desist from either interfering or appearing to interfere with the constitutionally mandated areas of jurisdiction.

Order! Order! It appears that there are further interests to raise an issue that perhaps you will consider even as you come with the Statement.

Mr. Speaker, Sir, I wish to support that point of order, especially the part that relates to appointment of a serving member of the Judiciary without perhaps consulting the Chief Justice. When you respect separation of powers, the Executive does not choose for itself which judicial member will be a member of the committee. They request the Judiciary and the Judiciary gives a person but this handpicking by the Executive is not good for separation of powers. It is not even good for the confidence of the public. The Minister needs to make a serious explanation as to this and, to me, it is part of a continuing sabotage of the reforms that we are implementing. So it needs an explanation.

Yes, Mr. Duale, and refrain yourself from going outside where we are.

Mr. Speaker, Sir, I will follow your directions. On the last bit by Mr. Imanyara, we want the Minister to give the nation what parameters he used when forming commission of inquiry. Further, these are two colleagues of this august House and very important leaders. Prof. Saitoti was a very important leader among the pastoral community. We will be very happy if the Minister in his answer could tell us whether the families of Prof. Saitoti and hon. Ojode were consulted. What role and at what point will they participate? Even the others, what will be their role in this inquiry?

Mr. Minister, when will the Statement come?

Mr. Speaker, Sir, I can respond to those issues now because I have all the facts.

On a point of order, Mr. Speaker, Sir. I was very clear at whom I was directing my request. It is the Attorney-General as the legal advisor of the Government because there are constitutional issues involved and this Minister is an interested party. My request was very specific and he cannot purport to speak on behalf of the Attorney-General on such an important issue.

Order, Member for Central Imenti! Your point is made. If the Member wants the Statement to come from the Attorney-General, then it has to be so, Leader of Government Business. So, what you will need to do is convey the information to the Attorney-General.

Mr. Speaker, Sir, I will be happy to convey the information, but because of the matter being raised and that might have some bearing on the credibility of the team between now and the time the Statement is given, I just wanted to clarify some things on this matter.

Order, Minister! Because you now see the matter as urgent, can we then do it tomorrow afternoon at 2.30 p.m.? Ask the Attorney-General to come with all the information and supply whatever you have to him.

Mr. Speaker, Sir, we will be happy to give this information tomorrow. The Statement can be made tomorrow in the afternoon, the earliest, by the Attorney-General.

Order! In parliamentary terms, it will still be tomorrow anyway. We interpret that by our rules. So, Minister, please, bear in mind the urgency of the matter. Please, ensure that the Attorney-General addresses himself to all the issues raised because it is bigger than just transport. The Member for Central Imenti has addressed the area of summoning Members of Parliament to a meeting, for instance. I am not so sure you will have been prepared to address that immediately. So, let us have it tomorrow at 2.30 p.m.

Mr. Speaker, Sir, last week, I stood here and requested for a Ministerial Statement from the Ministry of Forestry and Wildlife. They undertook to give that Statement last Thursday, 7th June, and which they failed to do. I raised the issue and the Leader of Government Business who was present in the House, I do not know whether it is my colleague or my late colleague, Serikali, undertook to inform the Ministry. That Statement has still not been delivered and I do not see anybody from that Ministry. I am seeking your directions as to when this Ministerial Statement may be given. It is related to two ladies who were mauled down by a lion from a private farm in Laikipia.

Yes, Member for Gichugu, in fact, I have confirmed that you raised that matter on 30th May and there was an undertaking that the Statement would be delivered on 7th June, now passed. So, Minister of State for Public Services! Or you want the Leader of Government Business to deal with that?

Mr. Speaker, Sir, when it is here, it is within his mandate and indeed, duty to make this undertaking, but I will do this one and follow up on the Statement.

Mr. Speaker, Sir, I have a duty to disclose because I have just been informed by my colleague that indeed, the Minister was here in the morning and requested to give the Statement later because I was not in. So, may I request that it be given on Tuesday next week?

It is so directed! Thank you for your transparency over this matter.

Mr. Speaker, Sir, first, may I thank you for giving me this opportunity which otherwise would have been lost. The matter in question arises out of Question No.1041 by hon. Kaino, who is not in the House. This issue was addressed except that we were asked to bring to the House, as a Ministry, the action taken as regards the closure of alcoholic drinking points within a radius of 300 metres of learning institutions as the law stands. I beg to table two documents. One is a letter from my Permanent Secretary to the Permanent Secretary, Ministry of State for Provincial Administration and Internal Security on the matter, requesting that the law be complied with and close down those bars. The second one is a circular to the County Directors of Education on the same matter to ensure that there are no bars whatsoever within 300 metres of schools.

On a point of order, Mr. Speaker, Sir. As the Chairperson of the Parliamentary Caucus on Children and this issue touches on education and the lives of the young people in schools, could we be given a chance to peruse the

Very well. We will consider that if we can make it part of our Communication, but the best I can say now is that we are going to consider that proposal. If you are talking about Limuru Girls High School, I have also associated with it as a parent.

Mr. Speaker, Sir, I have no objection to the request. Actually, if we had enough time, the documents are not too lengthy and you could have read them, so that it is known to the whole country.

Order, Assistant Minister! Just give the gist of the document. What is the gist of the document? What is the document calling on the Permanent Secretary, Ministry of State for Provincial Administration and Internal Security to do?

Mr. Speaker, Sir, I will read one paragraph from the letter to the Permanent Secretary. It reads that:- “This is to request your urgent action to co-operate for closing all bars and alcoholic drinking points around schools as directed by Parliament and submitting the implementation status report to Parliament”.

Very well. That is good enough. So, it is now in the public domain that the organs in charge of administration will close all bars within 300 metres of any school within the next two weeks or so. Let them know and take action immediately. The next is a Statement by the Chief Whip.

Mr. Speaker, Sir, this is a statement on the status of the funeral arrangements for the victims of the Sunday helicopter crash. Mr. Speaker, Sir, let me take another opportunity to express my deepest and sincere condolences to the families of our departed colleagues, and the officers who perished with them. I wish to update the House on the ongoing funeral arrangements for the late Hon. Prof. George Saitoti, EGH, MP, Minister for State for Provincial Administration and Internal Security, his Assistant Minister, the late hon. Joshua Orwa Ojode, MP and other four Kenyans who perished following the Sunday helicopter crash in Ngong. Mr. Speaker, Sir, we seconded Members of Parliament to the Committee in charge of the arrangements. The Committee is composed of Members of Parliament, Cabinet Ministers and Government officials. But from Parliament, the Sub-committee that I Chair comprise of the following people:- 1. Hon. Jakoyo Midiwo, MP – Chairman.

Order, Chief Whip! Address the House. Do not listen to hon. Dalmas Otieno or Amos for that matter.

Mr. Speaker, Sir, I am sorry. Thank you for protecting me. Mr. Speaker, Sir, a requiem mass for the late hon. Professor Saitoti will be held on Friday, 15th June, 2012 at 2.30 p.m. at the Holy Family Basilica. The late Minister will be laid to rest at his rural home in Kitengela on Saturday, 16th June, 2012 at 10.00 a.m. There will be prayers for the late hon. Joshua Orwa Ojode on Thursday - that is tomorrow - 14th June, 2012 at 8.00 a.m. at the SDA Maxwell Church in Milimani, opposite the CID offices. The late Assistant Minister will be laid to rest at his rural home in Ndhiwa on Sunday, 17th, June, 2012. The funeral service will begin at 10.00 a.m. Mr. Speaker, Sir, there will be an inter-denominational prayers for the two pilots and two security officers on Monday, 18th, June at 10.00 a.m. at the Holy Family Basilica. That is on Monday at 10.00 a.m. It is for the officers who perished with our colleagues. The late Supt. Nancy Gituanja and Sergeant Thomas Murimi will be laid to rest on Tuesday, 19th June, 2012 in their rural homes in Kandara and Kuria, respectively. The late Inspector Joshua Tonkei will be laid to rest in Narok on Wednesday, 20th June, 2012, while Supt. Luke Oyugi will be buried in Alego Usonga on Thursday, 21st June, 2012. Mr. Speaker, Sir, we expect hon. Members to find their way to Kitengela since it is not far from Nairobi on Saturday. But we have a challenge that Ndhiwa is very far from Nairobi and, therefore, we want to give the following advice to hon. Members. We are saying that Members who wish to travel to Ndhiwa are requested to register with the Clerk’s Office. We expect that Members shall self-drive to Ndhiwa. I will give the reasons. Mr. Speaker, Sir, one option open to us would have been to fly Members to Kisumu and make transport arrangements. From Kisumu to Ndhiwa, it is not particularly very near. So, arising from the sentiments of hon. Members here yesterday - about flying too many Members in one vehicle - it makes us not to recommend the option of flying Members to Kisumu in a group. We are saying that while the wounds are still fresh, the best way would be for Members of Parliament to drive themselves to Ndhiwa. The other

Very well. Order, hon. Members! It is that clear. We shall facilitate Members who want to travel to Ndhiwa in the usual manner within our regulations. We will not go out of the regulations. So, please, note. Next Order!

Hon. Members, we are now in the Committee of the Whole House in order to look at The Cancer Prevention and Control Bill (Bill No. 47 of 2011).

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

Once again, there are two proposed amendments, I think by the Mover and also by the Minister. Mover, would you move your proposed amendment?

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 3 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (d)- (e) promote access to quality and affordable diagnostic and treatment services for persons with cancer; (f) ensure sustainable capacity for the prevention and control of cancer.

Because there are two amendments being proposed, just give a summary of what that entails.

Mr. Temporary Deputy Chairman, Sir, the amendment proposed by the Minister is the same as my amendment.

Therefore, I get it that the Minister will be withdrawing his amendment in the event that this is carried.

Yes, Mr. Temporary Deputy Chairman, Sir.

Is that so, Minister?

Mr. Temporary Deputy Chairman, Sir, I think the amendments are the same. I concur with the Mover and I wish to withdraw my proposed amendment to clause.

Minister, your proposed amendment is similar to the one by the Mover. Have you agreed on which one is being moved?

Mr. Temporary Deputy Chairman, Sir, the proposed amendments are the same.

Mr. Temporary Deputy Chairman, Sir, the proposed amendments for both of us are the same.

So, Dr. Monda, you are actually withdrawing your proposal.

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 4 of the Bill be amended by deleting subclause (1) and substituting therefor the following new subclause– (1) There is established a body to be known as the National Cancer Institute of Kenya.

Once again, I see that there are two proposed amendments which are similar. Minister and Mover, have you agreed on which one is to proceed, because they are similar?

Mr. Temporary Deputy Chairman, Sir, the difference in the two proposals is simply the numbering, otherwise the content of the proposed amendments are the same.

So, Minister, do I take it that your proposed amendment is withdrawn, so that we can deal with the one by the Mover?

Mr. Temporary Deputy Chairman, Sir, I think we can dispose of it now and say that we accept the Mover’s so that when we come to it, we do not repeat.

But you have to move formally. You have to withdraw, so that the Mover can formally move.

Mr. Temporary Deputy Chairman, Sir, why do you not just confirm it now so that we do not do it again and so that we just confirm Clause 5 as proposed by me, because they are the same so that we do not repeat?

That is agreed, Mr. Temporary Deputy Chairman, Sir.

Very well! We can now hear the Mover.

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

Once again, I notice that the Minister and the Mover have similar proposals. Have you been able to synchronize them?

Mr. Temporary Deputy Chairman, Sir, part “a” of the proposed amendment does not appear in the Minister’s proposed amendment, but part “b” is the same as the Minister’s except for a variation in the number of years in the last sentence.

What I would like to hear is whether you have agreed, because the difference appears to be only the number of years. If the two of you are able to agree, then we can deal with the proposal as one.

Mr. Temporary Deputy Chairman, Sir, I have indicated that part “a” of the amendment appears in my amendment, but it does not appear on the proposed amendment by the Minister. Part “b” of his proposed amendment is similar to my proposal.

Therefore, if we carry yours, it will incorporate the Minister’s proposal?

Definitely, Mr. Temporary Deputy Chairman, Sir.

Minister, if that is the case, may we allow him to move the amendment?

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

So, your proposed amendment is withdrawn.

Dr. Monda, could you now then move your proposed amendment?

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 6 of the Bill be amended- (a) in sub clause (2)- (i) by deleting the word “Permanent Secretary “ appearing in paragraph (b) and substituting therefor the word “Principal Secretary”; (ii) by deleting paragraph (c) and substituting therefor with the following new paragraph- (c) the Principal Secretary for the time being responsible for matters relating to finance or his designated alternate not being below the level of Deputy Secretary. (iii) by deleting paragraph (e) and substituting therefor with the following new paragraph- (e) the Secretary of the National Council for Science and Technology or his designated alternate not being below the level of Deputy Secretary. (iv) by deleting paragraph (f) and substituting therefor with the following new paragraph- (f) one person nominated by Media Owners Association in such manner as may be prescribed. (v) by deleting paragraph (g) and substituting therefor with the following new paragraph- (g) one prominent philanthropist or industrialist of good standing; (vi) by inserting the following new paragraph immediately after paragraph (h) as follows-- (h) one person nominated by institutions conducting medical research in such manner as may be prescribed. (b) in sub clause (3) by deleting the words “an oncologist of not less than ten years experience” and substituting therefor the words “is a recognized medical specialist of not less than ten years experience in leadership at national institutional level” (c) by inserting a new subclause immediately after subclause (4) as follows-

Mover, you have a proposed amendment. Could you move it?

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 8 of the Bill be amended by inserting a new subclause immediately after subclause (2) as follows- (3) Without prejudice to the generality of paragraph (f) of subsection (2), the Institute shall decentralize its services to all counties of the Republic.

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 10 of the Bill be amended in subsection (2)- (a) by deleting the words “a university degree from a recognized university” appearing in paragraph (a) and substituting therefor the words “a masters degree in matters relating to cancer from a recognized university;

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 15 of the Bill be amended in sub-clause (1) by inserting the following new paragraph immediately after paragraph (c)– (d) such sums as may be appropriated by Parliament for that purpose.

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 20 of the Bill be amended- (a) in sub-clause (1) by deleting the words “cancer register” and substituting therefor the words “national cancer registry”; (b) in sub-clause (2)- (i) by deleting the word “frequency” appearing in paragraph (a) and substituting therefor the words “incidence, preference, trends”;

I notice that both Dr. Monda and the hon. Minister have similar proposals for amendment. Have you been able to synchronize so that we know which one we are proceeding with?

Mr. Temporary Deputy Chairman, Sir, we will proceed with the proposer’s amendment.

Therefore, we take it that the proposal for amendment by the Minister is withdrawn.

Hon. Member, you may now move your amendment to Clause 21.

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 21 of the Bill be amended in subsection (2)- (a) by inserting the words “person with” immediately after the word “of” appearing in paragraph (b); (b) by deleting the word “fourteen” appearing in paragraph (d) and substituting therefor the word “sixty” ( Question of the amendment proposed)

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 29 of the Bill be amended by inserting the words “in collaboration with the institute” immediately before the word “shall” appearing in subsection (1).

Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 36 of the Bill be amended by inserting a new sub- clause immediately after sub-clause (2) as follows- (3) For purposes of the first appointment of members of the Board under section 6, the Cabinet Secretary shall prescribe the procedures specified under that section notwithstanding the absence of the Institute but subsequent procedures shall be prescribed in accordance with subsection (1) of this section.

Mr. Temporary Deputy Chairman, Sir, I beg to move that the Committee doth report to the House its consideration of The Cancer Prevention and Control Bill and its approval thereof with amendment.

Mr. Temporary Deputy Speaker, Sir, I beg to report that a Committee of the whole House has considered The Cancer Prevention and Control Bill 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.

(Prof. Anyang’-Nyong’o) seconded.

Mr. Temporary Deputy Speaker, Sir, I beg to move that The Cancer Prevention and Control Bill be now read the Third Time.

(Prof. Kamar) seconded.

Mr. Temporary Deputy Speaker, Sir, I wish to congratulate the Mover of this Bill, Dr. Monda, and note that it is very strong on prevention and weak on treatment. Dr. Monda had done his bit and it is now up to the Ministry concerned to come up with a comprehensive plan on how to relieve cancer patients of their pain of lack of treatment by having a comprehensive plan. Mr. Temporary Deputy Speaker, Sir, this is a very noble initiative and I wish, once again, to congratulate Dr. Monda and the House for passing this Bill.

Mr. Temporary Deputy Speaker, Sir, I would like to add my voice in congratulating the Chairman of the Departmental Committee on Health who has worked very closely with our people in both our Ministries; the Ministry of Medical Services and the Ministry of Public Health and

Thank you, Mr. Temporary Deputy Speaker, Sir. Let me add my voice in congratulating Dr. Monda for doing what he has done. Cancer is now the usual killer. I want to urge the Minister, the case being that both Ministers concerned with issues of health are victims of cancer, to do everything within their power including sourcing for funding from outside this country so that we can, at least, try to reverse the deadly trend of cancer. Thank you, Mr. Temporary Deputy Speaker, Sir.

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity. May I join my colleagues in congratulating hon. Monda for the Bill we have just passed. While congratulating the hon. Member, I would like to mention that many of us have been indirect victims of this. I lost my father through cancer and this Bill should help us save other people from losing their lives through this disease which is preventable. I would like to encourage the Ministries to utilize the available avenues. In particular, I would like to remind them of the link we have with the International Atomic Energy Agency (IAEA) which deals with the treatment of cancer. Kenya is a signatory as well as a beneficiary in training in oncology and other areas. I would like to encourage the Ministry to utilize those services because they are useful. We know that cancer is preventable.

Order, Madam Minister! This is Third Reading! I think you have put your case.

Thank you, Mr. Temporary Deputy Speaker, Sir. I support.

Hon. Shakeel, last one.

Thank you, Mr. Temporary Deputy Speaker, Sir. I want to congratulate Dr. Monda and the House for passing this Bill. Cancer is seen as a sickness for the rich. Actually, it is not. It is very much for the poor and I hope that the Minister is listening because he is not listening. Mr. Temporary Deputy Speaker, Sir, could you ask the Minister to give his ears?

Order, Mr. Shakeel! In fact, the Minister is listening because he has given you his entire ears.

Mr. Temporary Deputy Speaker, Sir, actually, the Minister is not listening but I am saying that cancer is a disease which should have been for the poor. The very fact that the Minister himself had to go out of the country to seek very expensive treatment, the two Ministers must know that the poor cannot do that. I will be waiting to see when the Jaramogi Oginga Odinga Memorial General Hospital will get equipment for cancer treatment. By the Minister going abroad has made people aware of cancer but they are saying that it is for the rich and not for the poor. I want that to be changed. Thank you very much, Mr. Temporary Deputy Speaker, Sir.

I said Mr. Shakeel will be the last one, but let the Mover have the last word.

Thank you, Mr. Temporary Deputy Speaker, Sir. Allow me to start by thanking the Members of the Departmental Committee on Health who have worked hand in hand with me together with the Clerks of Parliament and all the staff of Parliament who made this Bill go through the Committee of the Whole House. I want to thank the two Ministries of Health and all their staff who participated in making sure that this Bill goes through this stage. We want to look forward to whether Kenya will surely address itself with a law in place to address issues that affect the population with regard to cancer. Thank you, Mr. Temporary Deputy Speaker, Sir.

Mr. Temporary Deputy Speaker, Sir, I beg to move the following Motion:- THAT

On a point of order, Madam Temporary Deputy Speaker. With due respect to the Chairman of the Committee, since we already have the Report, would I be in order to ask him to just read out the summary of the Report, so that we can go to the debate on the same?

Madam Temporary Deputy Speaker, the hon. Member may be having the Report but there are other hon. Members who do not have copies of this Report, and they need to understand how qualified these Kenyans are as well as the diversity of where they come from. Furthermore, I am approaching the end of the Report. I suppose the Standing Orders give me up to an hour to move debate.

Yes, they do. I think that was just a request by the hon. Member, hon. Ngugi.

Madam Temporary Deputy Speaker, I am almost concluding. As I said, Dr. Dabar A. Maalim is a Kenyan citizen from Garissa County, born on 20th May, 1957. He holds a PhD from the University of Reading, UK; a Masters Degree in Nursing (County Health) from Wales College of Medicine; an Advanced Diploma in Nursing from the University of Nairobi; a Diploma in Psychiatric Nursing and a Diploma in General Nursing from the Kenya Medical Training College, Nairobi. We found these Kenyans very qualified. Madam Temporary Deputy Speaker, having examined these people, in making its recommendations, the Committee was guided by Section 15 of the First Schedule of the Transition to Devolved Government Act, which states inter alia :- “In selecting, nominating, approving or appointing the chairperson and members of the Authority, the selection panel, the National Assembly, the President and the Prime Minister shall - (a) ensure that the Authority reflects the regional and other diversities of the people of Kenya---” Madam Temporary Deputy Speaker, that is exactly what these nine nominees represent. As I conclude, I want to thank Members of my Committee, the Office of the Speaker, the Office of the Clerk of the National Assembly and the members of the public who responded to the advertisement that we placed in the newspapers. The Committee was unanimous in recommending the appointment of the following persons to the positions they have been nominated for:- (i) Mr. Kinuthia Wamwangi - Chairperson; (ii) Hongo Angeline - Member; (iii) Safia Abdi - Member; (iv) Mary Ndeto - Member;

Put the Question!

No, the Motion has not been seconded.

Madam Temporary Deputy Speaker, I rise to second the Motion. Madam Temporary Deputy Speaker, these candidates appeared before the Committee. They are highly qualified and very experienced Kenyans. The principle of gender balance was observed. The composition of the candidates is very good for the Transition Authority. The principle of regional balance was also observed. With those remarks, I beg to second.

Hon. Shakeel!

I will speak very shortly. I support this Report. The Transition Authority is one of the mainstays of devolution. However, we are finding that although part of the transition Bills states that no local authority shall sell property, I was astounded to see the Kisumu County Council advertising a property for sale. I raised the issue with the then Deputy Prime Minister and Minister for Local Government, Mr. Mudavadi and he seemed to have ignored our pleas. I have taken up the matter now with the Acting Minister who has now informed me that he has stopped that sale. At the same time, I want to bring to the attention of the House that Mombasa, Eldoret, Nairobi and other local authorities are in the process of illegally transfering assets. Whether it is a 30-year lease or a one-year lease, it is illegal. With those few remarks, I support the Motion.

Madam Temporary Deputy Speaker, I rise in support of the Motion. I want to congratulate the men and women appointed to serve on this Committee. I would like to remind them to strictly stick to the mandate given to them by the Act, and to note that although the Executive has largely been appointing people through cronyism rather than merit, whatever method has enabled these distinguished Kenyans to merit these appoitnments, once they are appointed they do not serve whatever godfathers they may have. They are requried to serve the country. Their work is not to sabotage the incoming county governments, but to facilitate a smooth handover of the functions and assets to the county governments. It is also to facilitate, helping to configure the budgets of the incoming county governments. It is sad that we are appointing these men and women after the Budget for the next finanncial year has already advanced. Therefore, they may not be able to make any meangful contribution. Theirs will just be to observe and I would urge them if it is insisted that the elections are held in March, contrary to what the Constitution says that

Thank you, Madam Temporary Deputy Speaker. I rise to support the presentations by the Chair of the Committee. I want to urge the appointees to understand the crucial nature of the assignment they have been given, the space and time they have occupied in the implementation process. Currently, they are going to fill a void in which the Government has been attempting to babysit the devolution process in a lopsided manner. All departments of varied nature have been sending officers to the counties. I believe that the Transition Authority will have a say on this as we move on. We have also had instances in which the Treasury has been sanctioning the sale of properties that have not been determined as to who the owners would be. I have an example in which the Minister for Co-operative Development and Marketing was going round the country with a view to selling KCC and yet it is very clear in the Constitution that co-operative societies are functions of counties. I thought all these things should be put on hold until the new governments are in place. Even the Transition Authority has no authority to sell. In fact, they are to determine which assets belong to where. The Committee did not tell us much about these specific individuals; their disposition towards the spirit and intentions of the Constitution. I do not know whether they had something similar to the “passionmeter” which was used. You did not tell us about this “passionmeter” because we want them to have passion for the implementation; passion for devolution; passion for separation of powers and passion for a change in the way we have been running our systems. The Chairman did not tell us anything about that. Maybe the Chairman himself lacks the passion but I hope---

On a point of order, Madam Temporary Deputy Speaker!

What is your point of order, Mr. Ngugi?

Madam Temporary Deputy Speaker, I am already aware. I must withdraw. I have withdrawn because I cannot doubt Mheshimiwa Ngugi. He is a very passionate Governor of Nyandarua County.

Madam Temporary Deputy Speaker, I rise to support this Report by the Committee. Let me take this early opportunity to congratulate the ladies and gentlemen who have been appointed and given this opportunity at this time of our transition of our country from the centralized to central plus devolved systems of Government. They have this unique responsibilty of linking where we are with where we want to go. Madam Temporary Deputy Speaker, as I am doing that I note that all these ladies and gentlemen responded to an advert. They went through a very thorough interview process. They also went through a very thorough vetting process by the Committee and their names have been brought to this House. For people who have gone through that, it would be very unfortunate for us to then think of them as being products of cronyism as hon. Martha Karua seemed to suggest. I will not water down the efforts that have been put in by the candidates themelves; the efforts that have been put by the Committee itself; the effort being put by this House to actually bring out the men and women who we believe we will give this opportunity to move us because when we do these things we tend to create a sense of doubt as to whether these people were right for the job or were brought in for political expediency. I would like to confirm that these people took themselves onto the interview panels, have made it this far and we should be congratulating them for being daring enough to have gone through those processes. Madam Temporary Deputy Speaker, having said that---

On a point of order, Madam Temporary Deputy Speaker. Is my good friend, Minister Kimunya, in order to misrepresent what I said? I said whatever method was used they have found themselves on the list; whether merit, cronyism or manipulation, now that they are on the list they are serving Kenyans. Is he in order to misrepresent what I said? I cited all the options, including the merit.

Madam Temporary Deputy Speaker, one of the past and very hilarious Members of this House, Mr. Kalembe Ndile, once told us that when a mother cooks food and does not want the children to partake of the food, she puts too much salt in it. The kids then can look at the food but will not eat it because it is too salty. I believe that when we use words such as “merit” “cronyism” and all that the sum total is to water down the merit on which these people found their way here. We should be emphasizing that they came on merit. We have no doubts as to why they were picked, and we need to start them off with the total confidence; that also gives confidence to the institutions created by this House. They have done their job and brought to us the names here. These people did not find themselves here by accident or through some political gerrymandering and are now not being forced down the throats of Members of Parliament to approve them. This is the point I want to make. Madam Temporary Deputy Speaker, while I am at it, this is critical because it keeps coming up. I know we all participated in the passing of this Constitution; I was not there but some of us were privileged to be in the process of setting up the select committees. The matter of the dates of elections keeps on coming up and whether they should be held within five years; our own understanding is that in future elections will be every five years. However, the date of the first election is covered within the Transition

On a point of order, Madam Temporary Deputy Speaker. Is it in order for the Minister to mislead the House that, indeed, it will be obedience to the Constitution to continue working up to March when he knows the same Constitution provides for functions for this Parliament during that period, between January 15th and March 4th 2013 there will be no Parliament? There will be no Parliament to even interrogate the budgetary process. Is he in order to mislead the country? They are continuing to breach the Constitution! This is the Minister who keeps quoting the old Constitution instead of the new one.

That is okay, but remember we are not on the matter of the date of elections. Mr. Kimunya, you introduced it; now you are starting to set off the Members.

Madam Temporary Deputy Speaker, I was only commenting on it because it sparks the issue of when devolution kicks in our Nyandarua County, and when the transition from the centralized to the dual- system will come in. It is a very important date for us to know. From the 5th of March, 2013, Nyandarua County will have its own system of government. We will cease being managed from Laikipia County, which is currently the situation.

But can you stick to our nominees?

Madam Temporary Deputy Speaker, that is the relevance of the election date. I just wish to say to poor Isaac Ruto I wish you were on the “Yes” when we were doing the campaign. We would have sorted out that matter of the dates with you. But that is a detail for another day. Madam Temporary Deputy Speaker, I think the important thing for now is that we have an authority and we have---

Order, Ms. Karua! Mr. Kimunya, have you concluded?

I am just about to finish.

On a point of order, Madam Temporary Deputy Speaker. Is it in order for this Minister to suggest that Kenyans who voted “No” cannot comment or seek the implementation of the Constitution, whereas he knows very well that this Constitution is for the 40 million Kenyans irrespective of which way you voted? Is he in order to mislead and divide the nation?

Mr. Kimunya, I have already mentioned that you are provoking the Back Bench.

Madam Temporary Deputy Speaker, I think I am up to the challenge. I never at any one time said that those who supported or did not support--- Their right to comment on the Constitution is not in any way affected by what they did in the past. What I was saying was that it would have benefited us earlier if the comments that are coming now from Mr. Ruto came then. This is because we would not have created the lacuna. I believe that is a matter of---

On a point of order, Madam Temporary Deputy Speaker.

Order, Mr. Isaac Ruto!

Madam Temporary Deputy Speaker, coming back to the subject matter, the important thing is that we now have a Transition Authority and we should all commit ourselves to giving these ladies and gentlemen the atmosphere and the time to work, so that we can move forward into what we want to do. Issues keep on coming that the Government is not committed to devolution. I want to take this opportunity to say that we are doing everything possible and will continue to do everything possible to ensure that devolution takes root in this country. Indeed, if you even go eight years back when the Kibaki administration came into power, you will see that it started the first actions towards devolution through support for the CDF and all the other devolved funds that have been working; they have now been captured within the new devolution framework. Therefore, there has been consistency in terms of support for devolution, and that will continue. This Transition Authority, which is a creation of the Government through the Bill, will now help solidify devolution issues further. Madam Temporary Deputy Speaker, I beg to support.

Madam Temporary Deputy Speaker, thank you for giving me this opportunity to contribute to the nomination of the Chairperson and members of the Transition Authority. I wish to commend the Committee under the stewardship of Mr. Ngugi, who, rumour has it, would like to be the next governor of Laikipia, and no wonder---

On a point of order, Madam Temporary Deputy Speaker.

It is Kinangop. It is Nyandarua. I withdraw. It is Nyandarua.

Hon. Member, use proper parliamentary language.

I withdraw; no wonder he was very keen in seeing to it that the Transition Authority was in place on time. In commending them, I wish to point out that this is broad-based and gender sensitive, but just as was pointed out last time by Mr. Mungatana, we are very disappointed that there are no chairpersons from Coast in all these commissions. We are noting and observing. Where are you taking this nation? I am not saying there ought to have been one in this Transition Authority. What I am saying is that we are observing and noting. While commending them, I just want to bring their attention to a section of the of the Transition to Devolved Government Authority Act, which, inter alia, says this

Madam Temporary Deputy Speaker, thank you for giving me this opportunity to add my voice in supporting the Departmental Committee’s report. The Transitional Authority which is established under Section 4 of the Transition to Devolved Government Act is an Authority which is very important to us and particularly to people who felt that devolution will answer all their historical injustices. I feel that this is a body that I respect and it is a body that will carry a huge mandate to facilitate the transitional period and beyond. They have an important mandate that is to determine the resources required for each of the functions that they are going to undertake. Some of the functions that they are supposed to oversee is to facilitate development of budgets for devolved governments during the phase-out of the transitional period. This is a very important and key responsibility and mandate because resource allocation is something that has given this country a problem. It has undermined development of this country and because we will have an authority that will have the face of this country--- Some of the people I know personally who are in this Authority are people I respect. These are people I have worked with; people who have done a lot in this country and I want to take this chance to congratulate them for being nominated. I want to ask them as Kenyans who are responsible, who have been instructed to undertake this very

Mr. Temporary Deputy Speaker, Sir, may I also on the outset support the report of the Committee and congratulate it for doing an excellent job. Let me also congratulate the new members of this Authority. This Authority as has been said by all the hon. Members and as the law says is very important. I hope that we will facilitate them and that funds exist in the Budget for them to hit the ground running. This Authority is critical if we are going to make any headway with our devolution. Kenyans are waiting to have devolution and this Authority is going to do that.

On a point of order, Mr. Temporary Deputy Speaker, Sir. Am I in order to request that you kindly call the Mover to reply? It looks like everybody here has contributed to the Motion.

We will consider that, but let the Minister proceed.

Mr. Temporary Deputy Speaker, Sir, I do not usually talk for long and so, I will finish in a moment. The Kenyans who have been chosen here are of high regard and competent. At least, I know two of them and they are the cream. One of them was my classmate and he was the cream of the class. I believe they will do an excellent job once they start work. Devolution is probably the most critical thing or the biggest benefit that Kenyans are getting out of this. I would urge the membership of the Authority to take their work seriously to ensure that Kenyans participate in these functions they were given as demanded by the Constitution. With those many remarks, I support the report.

All right, there is no one willing to contribute and so, I will ask the Mover to just proceed and reply?

Mr. Temporary Deputy Speaker, Sir, I want to start by thanking the Members for their contributions and particularly for their support of the nine very qualified and excellent Kenyans who have succeeded in becoming the team to spearhead devolution. As you can see from the report, diversity, gender, marginalization and all the other factors that we should take into account any time we form an Authority or a Commission or any other team have been taken into account. The only thing that I want to appeal to the Executive and particularly to the Minister for Finance is to facilitate this Authority effectively. This Authority had been allocated only Kshs200 million. It is through the Budget Committee that we increased that by Kshs100 million. Even Kshs300 million for the enormous task that is to be carried out by this Authority is not enough. We should be looking for Kshs2 billion or Kshs3 billion, so that the Authority can do the work that it is required to do. With those few remarks, I congratulate the nine Kenyans who have been chosen and the Members who have contributed to the Motion. I want to assure hon. Ruto that these Kenyans have passion, equal to the passion I have of becoming the Governor for Nyandarua County. I beg to move.

Mr. Temporary Deputy Speaker, Sir, I beg to move the following Motion:- THAT, this House adopts the Report of the Departmental Committee on Health on alleged irregularities of the rolling out of the civil servants out-patient medical insurance scheme, volumes I and II, laid on the Table of the House on Tuesday 5th June, 2012.

On a point of order, Mr. Temporary Deputy Speaker, Sir. I heard the Member saying that he got some complaints. I have read through the report and he has not quoted any complainant. I wish he could table or indicate the identity of those who complained other than rumour mongering.

I think that is fair since you are moving the Motion.

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

Let us hear hon. Karua on the same.

Mr. Temporary Deputy Speaker, Sir, it is not on the same. This is a different point of order.

Proceed!

On a point of order, Mr. Temporary Deputy Speaker, Sir. This is such an important Motion and looking around the House, I do not know whether you are satisfied that there is quorum for this very important Motion.

The Clerks-at-the-Table, please, ascertain whether we have the required quorum as raised by hon. Karua. All right, the Serjeant-at-Arms, ring the quorum bell, so that we can get more Members to the Chamber.

Hon. Members, we now have quorum. Hon. Dr. Monda, proceed with your contribution to the Motion.

Mr. Temporary Deputy Speaker, Sir, I wanted to give the House a brief background on the medical insurance scheme for civil servants and members of the disciplined forces, as explained by various witnesses before the Committee. Prior to January 1, 2012, when the scheme was scheduled to be rolled out, civil servants and disciplined forces in Job Groups “A” to “T” were drawing a monthly medical allowance ranging from Kshs375 to Kshs2,490. The Minister of State for Public Service reported to the Committee that civil servants at all levels constantly complained that the monthly medical allowance could not even cover the cost of medical prescriptions or a visit to a moderately priced healthcare facility. In trying to address those concerns, the Government commissioned an actuarial study in 2007/2008. The study recommended conversion of the existing medical benefits for civil servants into a comprehensive insurance scheme. Mr. Temporary Deputy Speaker, Sir, the Government, through a Cabinet decision on June 2nd, 2011, approved conversion of the medical allowance, in-patient refunds and

assistance budget amounting to Kshs2.83 billion in the Financial Year 2011/2012 to a medical insurance scheme. The Cabinet also directed the Treasury to avail additional funds amounting to Kshs1.078 billion to enable the Minister of State for Public Service to procure medical insurance cover for civil servants and disciplined forces. The total amount that was available for the cover then totalled to Kshs3.9 billion. Following that Cabinet approval, the Minister of State for Public Service in June, 2011, invited tenders for provision of medical insurance cover for civil servants, Kenya Police, Administration Police, Prison Service and National Youth Service. The scheme was to take effect from 1st August, 2011 for a period of three years, renewable subject to satisfactory performance. Mr. Temporary Deputy Speaker, Sir, the Minister of State for Public Service invited tenders from consortia of not less than five private medical insurance underwriters. However, none of the consortia could be awarded the tender due to lack of capacity, incompetence and numerous exclusions provided by the consortia of private bidders according to a presentation by the Minister of State for Public Service. Consequently, the Minister of State for Public Service wrote to NHIF requesting for their involvement and assistance in the provision of that medical scheme for civil servants and disciplined forces. After series of short meetings that were, indeed, hurriedly done or carried out, the Minister of State for Public Service signed a contract with NHIF for the provision of a medical insurance cover for 221,720 principal members---

On a point of order, Mr. Temporary Deputy Speaker, Sir. Is it in order for the Chairman to truncate a detailed

Mr. Temporary Deputy Speaker, Sir, if the Minister intended to give me information, then he should have stood up on a point of information. I do not want the Minister--- I would like to ask the Chair to protect me as I present this report. That way, points of order that do not really address the matter at hand will not just come in to derail the presentation. Mr. Temporary Deputy Speaker, Sir, the cover was for four aspects of---

Order, hon. Dr. Monda. Just try to listen to what the Minister has said and try to make sure that, as you go through your report, you are objective and give information. That is because there will be an opportunity to debate it later. So, just proceed. You are protected.

I thank you, Mr. Temporary Deputy Speaker, Sir. As I continue, I will ask hon. Members to allow me to go through the report and if there are any issues that they want to raise, then they will come in at that point. As I have indicated, Mr. Temporary Deputy Speaker, Sir, the cover was for four aspects, including in-patient and out-patient services; group life cover and last expense for the civil servants who were to be covered. The agreement was on a premium of Kshs4.32 billion per annum. The premium payable for the six months was Kshs2.1 billion; that is between January, 2012 to 30th June, 2012. The NHIF was supposed to roll out the outpatient programme commencing 1st of January, 2012. Mr. Temporary Deputy Speaker, Sir, the House will recall that at the dawn or the beginning of the year, the local dailies carried headlines on the new year gift for civil servants. It was later to be established that the gift was not without problems. I will later on enumerate some of those problems which were discussed in the Committee. Mr. Temporary Deputy Speaker, Sir, it needs to be clear that the out-patient scheme or comprehensive healthcare for civil servants and disciplined forces was a matter agitated upon by civil servants themselves. They wanted a comprehensive healthcare to be provided by the Government. This is what led the Cabinet to approve the rolling out of this scheme. Mr. Temporary Deputy Speaker, Sir, I want to state from the outset that the Committee does not have a problem or did not have a problem with the scheme or with the health provision to civil servants. The matters before the Committee were that the scheme caters for principal members, one spouse and three dependent children below 18 years of age and up to 25 years so long as there is proof that these children are in formal education. In summary, the scheme covers in-patient and out-patient costs; it also provides a group life cover and last expense. The Committee was informed that the NHIF was to identity appropriate service providers as per the contract. Mr. Temporary Deputy Speaker, Sir, it is the process of rolling out the scheme, identification and contracting of the private and public service providers that the Committee sought to inquire into. We noted that there were objections from the intended beneficiaries. Amongst the concerns raised in the complaints, and this is what we were following in our inquiry, include:-

On a point of order, Mr. Temporary Deputy Speaker, Sir. My friend is talking about distances with regard to geographical locations of these health facilities. Today, we have Global Positioning System (GPS), electronics and Information and Communication Technology (ICT). So, you do not have to be in one place to be treated there.

So, could the Mover change his Motion or his statement with regard to the geographical location?

Order, Eng. Rege! Let us listen to hon. Monda. You will debate the Motion later.

Mr. Temporary Deputy Speaker, Sir, some of the private facilities indicated on the NHIF website, which was meant to assist beneficiaries to know where to seek their services and their locations did not exist on the ground. Some were said to be putting up new structures in the allocated centres during the period January to March, 2012, when they were supposed to be offering services. Mr. Temporary Deputy Speaker, payment for the first quarter of this scheme was meant to be on 1st January to end of March. Within that period these facilities did not exist, yet they were expected to be available to the beneficiaries to access services. Some of these facilities, as the report indicates, were still being constructed or renovated even as late as May, 2012. Mr. Temporary Deputy Speaker, Sir, the capacity of some of the facilities was wanting. Some of the private facilities allocated to members lacked capacity to offer basic primary healthcare services to the members. This was in terms of equipment, personnel and inadequacy in infrastructure. Some of the facilities which were allocated or paid for were being painted under closed doors as late as February, but they had been identified to provide service early. Mr. Temporary Deputy Speaker, Sir, lack of capacity is another one. I want to single out one. There are two very specific facilities that we followed because of the amount of money paid and the number of patients or beneficiaries allocated to them. Clinix, for instance, with principal contributors of 56,000, multiplied by five, that is about 280,000 people, who could be expected at any one time to come to the facility to receive services. As at the time we were doing this report, Clinix had six doctors for the 56 outlets. The capitation method---

Order! Hon. Monda, you will have 30 minutes to complete your submission when the business appears next.

Hon. Members, it is now time to interrupt the business of the House. The House is, therefore, adjourned until tomorrow, Thursday, 14th June, 2012, at 2.30 p.m. The House rose at 6.30 p.m.