Mr. Temporary Deputy Speaker, Sir, I beg to ask the Minister of State for Provincial Administration and Internal Security the following Question by Private Notice. (a) Could the Minister explain the circumstances surrounding the explosion at Hidaya Mosque in Eastleigh Estate, Nairobi, on 7th December, 2012 in which several people died and others injured including the Kamukunji Member of Parliament? (b) How many suspect(s) have been arrested in connection with the incident? (c) What measures is the Government taking to contain the rising cases of explosions in Eastleigh area?

Minister of State for Provincial Administration and Internal Security! Mr. Elmi, would you know by any chance where your colleague is?

Mr. Temporary Deputy Speaker, Sir, I think they should be coming anytime now.

Mrs. Shebesh, should we give him a few moments to see whether he will show up?

Yes, Mr. Temporary Deputy Speaker, Sir.

Very well! We will now go to Oral Answers to Questions.

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asked the Minister for Finance:- (a) whether he is aware that next-of-kin of deceased pensioners are still paid pension for five (5) years after the death of the pensioner and yet the Government has raised the retirement age to 60 years; and, (b) what measures the Minister will take to ensure that the next-of- kin to the deceased pensioners continue receiving pension for ten (10) years instead of five (5) years.

Mr. Pesa is not here. We will go to the next Question.

asked the Minister of State for Special Programmes:- (a) how much money is allocated to each constituency every financial year for the fight against HIV/AIDS and what the rationale of uniform allocation to constituencies is, (b) how many community groups in Ndhiwa have received money to help in the fight against HIV/AIDS; and, (c) why some community groups, which had their funding approved, training conducted and grant documents signed between them and the National AIDS Control Council are yet to receive funding since 2010.

Mr. Oyugi is not here. We will go to the next Question.

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I have just noticed that the Minister is not in the House so we will give him a few moments; I think Mr. Elmi has gone to look for him. So, we will come back to it.

asked the Minister for Energy:- (a) whether he is aware that construction of power transmission line from Iten Township to Cheptongei/Kaposowar Town has stalled for the last six years, (b) what plans the Ministry has to complete the project; and (c) the cause of the frequent power blackouts in Iten Township and its environs.

Mr. Chepkitony is not here so we will go to the next Question.

asked the Minister for Forestry and Wildlife:- (a) whether he is aware that Master Zadock Omondi, a pupil at Dr. Williams Primary School, in Rusinga Island was killed by a hippopotamus on 14th February, 2012. (b) what steps the Government has taken to ensure that the family of the deceased is compensated; and (c) what measures are in place to address human-wildlife conflict.

Mrs. Odhiambo-Mabona is not here so we will go to the next Question.

asked the Minister of State for Special Programmes:- (a) how much money the Kenya Red Cross Society has spent to construct four 5-Star Hotels in Nairobi, Nyeri and Eldoret, the source of

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Where is the Minister of State for Special Programmes? We will go to the next Question.

asked the Minister for Energy what action he will take against public officers practising nepotism at Kenya Pipeline Company Ltd.

Mr. Temporary Deputy Speaker, Sir, I beg your indulgence.

Congratulations, Assistant Minister! You are the only one who is ready on time to answer your Question. Congratulations!

Thank you, Mr. Temporary Deputy Speaker, Sir.

On a point of order, Mr. Temporary Deputy Speaker, Sir. I was also ready.

Mr. Temporary Deputy Speaker, Sir, I beg the indulgence of the House. I have an answer here which I think is not adequate because it is not properly structured. I beg that I be given more time to get a proper answer.

When you talk about more time, what kind of time are you talking about?

Mr. Temporary Deputy Speaker, Sir, the answer I have says that we are going to investigate, but I do not have any results of the investigations. So, I beg that I be given two more days.

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

Mr. Temporary Deputy Speaker, Sir, I have no objection.

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So, tomorrow? It is likely to be our last day, as you know.

Mr. Temporary Deputy Speaker, Sir, may I request that we do it next Tuesday, if you do not mind?

Very well! The Member has no objection. So, we will put it to next Tuesday, if at all there will be a Sitting.

Much obliged, Mr. Temporary Deputy Speaker, Sir.

Mr. Githae, now that you are here, could you tell us where your colleagues are, for example, the Minister of State for Provincial Administration and Internal Security?

Mr. Temporary Deputy Speaker, Sir, Happy New Year to you all. I am told they are on the way with the answers and one of them has arrived. By the time we do the second round, they may have arrived.

We are already on the second round and it is not even part of our tradition to do the second round. I was here before you. Hon. Members from both sides of the House, it does not look as if we are ready for Questions today. Any Minister who is ready with an answer?

On a point of order, Mr. Temporary Deputy Speaker, Sir. As you can see, my Question is very urgent. It pertains to a fellow colleague in this House who was involved in very unfortunate circumstances, who is currently in South Africa. Even broader than that, since then, we have had other grenade attacks in Eastleigh. This is becoming a very critical issue in Nairobi. The grenade attacks do not seem to be ending and the security arms of the Government do not seem to be bothered with containing insecurity that is rising. This is a Question that I would have wanted anybody in the Government, because of collective responsibility, to assure us that as we go to the elections, Eastleigh and the environs of Nairobi will be safe, especially on the issue of grenade attacks.

Indeed, Mr. Temporary Deputy Speaker, Sir, this is a sad incident. Now that we have a new Inspector-General of Police, he has already given instructions that these culprits be investigated, apprehended and taken to court. Mr. Temporary Deputy Speaker, Sir, the substantive Minister in charge of that portfolio is not here. I am told that he is not feeling well and that he is in hospital. That is the information I am getting. The Assistant Minister was supposed to be here, so I do not know what has happened.

Mr. Duale, what is your point of order?

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Mr. Temporary Deputy Speaker, Sir, this Minister is lying to the country. I was with the Minister for Internal Security---

Order! Order! Order! Order! You do not start---

Mr. Temporary Deputy Speaker, Sir, the Minister is misleading because I was with the Minister in charge of internal security in the gym one hour ago! How could he be sick?

He could have fallen sick there.

No! I left him there.

Mr. Elmi, did you go out to look for him?

Mr. Temporary Deputy Speaker, Sir, I do not think we should discuss that because I just talked to him and he said--- Mr. Duale, being in hospital does not mean that he is admitted and I do not think we should go further than that discussing it. I am sorry that I actually mentioned it.

What is your point of order, hon. Member for Lari?

Happy New Year, Mr. Temporary Deputy Speaker, Sir. I am urging you to take very serious action on Government Ministers because this being the beginning of the year, the outgoing Government must be serious and committed to Business in this House. To me, this is a bad signal and I urge you to instigate very serious measures on Government Ministers.

What is it, Mr. Chanzu?

Mr. Temporary Deputy Speaker, Sir, the issue Mrs. Shebesh is raising is not only confined to Eastleigh; it is a wide issue. It has happened in Eastleigh; it has happened in Mombasa and it can happen anywhere in the country. So, it is a very urgent matter. We seem to be dealing with these gadgets, which are so many in the country, and the Minister needed to be here to tell us what the Inspector-General of Police is going to do, just like hon. Githae is saying. The Inspector-General is not the Minister; we want the statement from the Government and the Executive.

Mr. C. Kilonzo, what is it that you want to say?

Mr. Temporary Deputy Speaker, Sir, there are two Ministers in this particular crucial Ministry. So, in all fairness, we really expected one of them to show up even if one of them is not feeling well. Just the other day when the Committee on Defence and Foreign Relations invited the Minister in charge of Immigration, he actually confessed to the Committee that they do not have money to give to the police. The Government does not have money to give to the police.

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Mr. Githae, do you want to react to that?

Mr. Temporary Deputy Speaker, Sir, if you look at the budgetary provisions for the police since President Mwai Kibaki took over the reign, they have actually increased by more than 300 per cent---

Mr. Githae, I think Mr. C. Kilonzo wants to know whether you are in a position, now that you are the Minister for Finance, to specifically respond to the issue of the security in Eastleigh and other parts of the country that Mr. Chanzu mentioned.

Mr. Temporary Deputy Speaker, Sir, I will not be able to substantially respond to that, but I was only responding to the issue of financial resources, and we have said that we are going to give the police substantial financial resources. In my Supplementary Budget, there is actually an increase of the total budget for defence, police and National Security Intelligence of more than Kshs6 billion.

Hon. Shebesh, what you would do and, usually, I will leave this matter pending and see whether the Minister will show up during the course of this morning. We will revisit this issue at whatever stage any of them walks in. The hon. Member for Migori; the second time!

Where is the hon. Member for Migori? Question dropped.

The hon. Member for Ndhiwa!

Where is the hon. Member for Ndhiwa? Question dropped.

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Where is the hon. Member for Makueni, hon. Peter Kiilu?

Just like I have mentioned to hon. Shebesh, hon. Kiilu, I would leave this matter pending hoping that the Minister will turn up at some stage before we leave this Order because you have heard the explanation that has been offered. So, I will leave the matter in abeyance and see how the morning develops. The hon. Member for Keiyo North, hon. Lucas Chepkitony!

Where is the hon. Member for Keiyo North? Question dropped.

Next Question by nominated Member, Mrs. Odhiambo-Mabona.

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Where is Mrs. Odhiambo- Mabona? That is very unusual for Mrs. Odhiambo-Mabona. Question dropped.

The hon. Member for Mwea.

Where is Mr. Peter Gitau? Where is hon. Peter Gitau again? Question dropped.

Yes, hon. Koech?

Mr. Temporary Deputy Speaker, Sir, I appreciate your ruling, but looking at this Question and being aware that we are coming to the end of our term, could you consider asking the Minister for Finance to give us some details maybe at the Order on Statements so that we, as hon. Members, could prepare ourselves to know whether we actually are going to spend this money or not?

That is on Question No.1879. Yes, I think the Minister has a Ministerial Statement on that. Mr. Githae, is that not the position?

Mr. Temporary Deputy Speaker, Sir, Indeed, I have good news for this august House.

In that case, I will give you an opportunity at the Statements stage. I will give you that opportunity to give them the good news for the New Year at the Order on Statements. Mr. Sirat, I picked in the news also that the Minister of State for Special Programmes may be somewhere in the North Rift; I do not know whether any Minister is aware of that? Where is the Minister of State for Special Programmes?

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Mr. Sirat, what would you like us to do on this?

Thank you, Mr. Temporary Deputy Speaker, Sir. It would have been good if I had a written answer so that I could look at it. However, could you kindly reschedule my Question for tomorrow? Thank you, Mr. Temporary Deputy Speaker, Sir.

Alright; this Question is to be on the Order Paper tomorrow.

Before I call the next Order, I want to revisit Order No. 4 at the special request of the Chairman of the Constitution Implementation Oversight Committee (CIOC), hon. Abdikadir.

Thank you, Mr. Temporary Deputy Speaker, Sir. Mr. Temporary Deputy Speaker, Sir, you would recall that on Thursday, the Speaker had stopped me from tabling some Papers and giving notice to the Motion. I had sought your indulgence to do this late and you were kind enough to accede. I wish to go ahead and do that without your permission.

And you have the approval of the---

Yes, I have confirmation from the Clerk that the approvals have been given.

Very well; you may go on.

Thank you very much, Mr. Temporary Deputy Speaker, Sir.

Wait a moment, we are on Order No.4. Now, we can also revisit Order No.5. Now you may go ahead.

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Mr. Temporary Deputy Speaker, Sir, I beg to give notices of the following Motions:- THAT this House adopts the Report of the Departmental Committee on Justice and Legal Affairs on the nomination of Secretary/Chief Executive Officer to the Ethics and Anti-Corruption Commission. REPLACEMENT OF OUTGOING MEMBERS TO JUDGES AND MAGISTRATES VETTING BOARD THAT this House adopts the Report of the Departmental Committee on Justice and Legal Affairs on replacement of outgoing members (non citizens) to the Judges and Magistrates Vetting Board.

First, we will hear the good news from the Minister for Finance. DISBURSEMENT OF KSHS10.1 BILLION TO CDF MANAGEMENT BOARD

Mr. Temporary Deputy Speaker, Sir, I just wish to confirm to this august House that this morning I sent Kshs10.1 billion to the CDF Management Board to enable Members of Parliament to complete all the projects that they have started, so that the incoming of Members of Parliament can start on a clean slate. Mr. Temporary Deputy Speaker, Sir, this morning a circular has also been issued to all accountants in all the district registries that they should not proceed on leave until after the elections on 4th of March. Thank you.

Any Member wanting to react to that? Yes hon. Duale.

Mr. Temporary Deputy Speaker, Sir, last week the Chair gave a directive that the Minister tables the circular to the House; I do not know whether the Minister can do that.

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Mr. Duale, I do not think you are challenging the Minister’s undertaking in that regard; but Minister, you can confirm to the House that, indeed, you have issued the circular and you have personally seen it. I do not think the House will really have any opposition to a Statement from the Minister that he has issued that circular this morning. Nevertheless, Minister, what do you want to say to that?

Mr. Temporary Deputy Speaker, Sir, indeed, the circular has been issued. In fact, it is being photocopied and within the next one hour, enough copies will be in Parliament.

Very well; Mr. C. Kilonzo, what is it that you want to seek clarification on?

Mr. Temporary Deputy Speaker, Sir, let me thank the hon. Minister on behalf of my colleagues. I would also inform him that sometimes the ball tends to be very slow. Now that the money is there, it should not also stay for a day with the Board; he should ensure that the money is immediately disbursed to the respective constituencies.

Except that his colleague Minister responsible, who had also given an undertaking, does not appear to be in the House; anybody here from his Ministry? Minister, perhaps, you can inform the House whether you are in liaison with your colleague in the other Ministry.

Mr. Temporary Deputy Speaker, Sir, yes, indeed; he is my neighbour, and from here I will pass by the office and make sure that the circular on the District Development Officers is also issued. I will also get somebody to call the CDF Board. They should disburse this money immediately because all the applications are with them. There is nothing new and the applications have actually been approved. Basically this is the 50 per cent tranche. So, all the applications are there. They have been approved. So, really, they will have no excuse at all not to disburse this money latest by tomorrow.

Very well; Mr. Minister, would you like us to revisit this matter tomorrow for you to confirm that what you have promised will have been done? We will allow the Minister another opportunity tomorrow just to give the confirmation that Members require. Yes, hon. Koech.

Mr. Temporary Deputy Speaker, Sir, let me also thank the Minister for the good news. But aware that earlier the Minister had given an undertaking to release this money by 30th of November, and now it is coming in January, could he indicate to this House that he has liased with his colleague to ensure that this is utilized up to latest 4th March and not 14th of January.

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Mr. Temporary Deputy Speaker, Sir, we were in this House when the Minister of State for Planning, National Development and Vision 2030 gave that undertaking and he was to issue a circular that the money would continue to be utilized until after 4th of March. Again, as I have confirmed, after this I am going to pass through his office just to make sure that that circular is done just the way I have done mine. Mr. Temporary Deputy Speaker, Sir, really, now that we are in a new dispensation, that is what should happen. If you take, for example, in the case of the United States of America, you continue to be a Member of Parliament until a new parliament is sworn in, meaning that if you are re-elected, you are not actually sworn in. I think that is the tradition we need to adopt in this House.

Except that it requires amendment of the law, Mr. Minister. Of course, Ministers do remain in office until new Ministers are appointed. They handover to the new Ministers, but the rest of us will sit up to the end of our term. But it is important that, that statement be issued; that is why I am asking the Minister to confirm this tomorrow. Undertakings given on the Floor of the House are very important. We do not want a situation where civil servants defy undertakings given in the House on behalf of the entire Government. So, the Minister will consult his colleague in the Ministry of State for Planning, National Development and Vision 2030 and tomorrow the two of them, or one of them, will issue a statement, indeed, confirming all the information that the Members are seeking. Yes, hon. Njuguna.

Mr. Temporary Deputy Speaker, Sir, I rise to wholeheartedly thank the hardworking Minister for Finance for keeping his words and commitments to this House. Now, we are excited that all the projects that we have started in our constituencies such as schools and health centres will be completed. I appreciate the efforts of the Minister.

Mr. Temporary Deputy Speaker, Sir, the Minister has given assurance on the issue of District Accountants, who fall under his Ministry; but since he has given an undertaking that he is going to see the Minister of State for Planning, National Development and Vision 2030, I think the District Development Officers (DDOs) should be treated in the same way because they are the Accounting Officers.

Indeed, that is why he is saying that he is going to walk straight to the Minister’s Office and ensure the circular to the District Constituency Fund Manager also goes out. He has undertaken that he is going to confirm taking of that action tomorrow in the House. Any other statement? Yes, hon. Mwau.

Mr. Temporary Deputy Speaker, Sir, happy New Year to you and all the Members present.

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Mr. Mwau, the undertaking was by the Chair?

Yes, there was to be a ruling by the Chair.

Okay, then, you will get a confirmation from the Chair tomorrow; since that is a matter of record, we will check after this and a communication to that effect will be given at the earliest opportunity, if not this afternoon, then certainly tomorrow. VIOLATION OF CBK GUIDELINES/REGULATIONS BY BANKS

That is one, Mr. Temporary Deputy Speaker, Sir. Mr. Temporary Deputy Speaker, Sir, also on 22nd November, 2012, I asked Question No.1812 to the Minister for Finance. The Question was that the Central Bank of Kenya has refused to supply or give this House information. The Speaker deferred the Question and promised that he would give a ruling on 29th November, which ruling is still pending up to today. Therefore, I kindly request that also this ruling in respect of Question No.1812 be given.

Mr. Mwau to the best of my information, the matter was referred to the Implementation Committee. The Implementation Committee, in which I sit, has actually completed its report and I expect- -- If it has not been tabled---- I do not see the Chair of the Committee here, but I know the report is ready. I sit on that Committee; it is a matter that was referred to the Committee and it has been addressed. So, you can trace the Chair of the Implementation Committee and find out whether he is ready to table his report today or tomorrow; that should satisfy your curiosity in that regard. Of course, in his wisdom, the Speaker referred the matter to the Implementation Committee, which is the Committee charged with the responsibility of following up. So, I do not see hon. Mwiru in the House but the lead Clerk-at-the-Table will approach him between now and tomorrow to ensure that the Report is, indeed, tabled. That should address the issue you are referring to, hon. Mwau. Do you have any comment on that matter?

Mr. Temporary Deputy Speaker, Sir, I appreciate your ruling although the ruling that referred the matter to the Implementation Committee was based on another Question. This was a different Question on which the Speaker had said he would rule. However, I go by your ruling.

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Mr. Temporary Speaker, Sir, further to that one, I would like to seek a Ministerial Statement from the Minister of State for Provincial Administration and Internal Security on the fact that the Kenya Police have released a documentary clarifying all the allegations and matters, including their investigations report, pertaining to the 1,141.5 kilogrammes of cocaine that was seized in Kenya in 2004. In the Statement, I would like the Minister to confirm that no Member of Parliament was involved in that particular seizure of cocaine or in any other cocaine seizure. Further, I request that a copy of the documentary that the Police released be made available to the House because allegations on the same matter were made in this House; and that I be provided with an authenticated copy of the documentary.

Yes, Mr. Githae.

Mr. Temporary Deputy Speaker, Sir, the circular I referred to has actually been issued. If you allow me, I will read it out for the benefit of all hon. Members since it is only three paragraphs.

You may go ahead.

Thank you, Mr. Temporary Deputy Speaker, Sir. The circular is addressed to all District Accountants. The reference is---

Sorry, Mr. Githae. I thought you were responding to Mr. Mwau’s request for Ministerial Statement regarding the police documentary on the cocaine haul and his request that the documentary be made available to the House and a copy be given to him. Can you speak to that one first?

Mr. Speaker, Sir, I will relay that information to the Minister of State for Provincial Administration and Internal Security, so that he can do the necessary.

I direct that he does so tomorrow afternoon.

I will relay the information, Mr. Temporary Deputy Speaker, Sir.

Mr. Mwau, are you satisfied, before I allow the Minister to proceed to other business?

Mr. Temporary Deputy Speaker, Sir, tomorrow afternoon is fine for me. I am satisfied. We are coming to the end of the life of this Parliament, and those allegations were quite serious. Since the Police have cleared the matter by making a documentary and releasing information on need-to-know basis, it is only important that this matter is put to rest. Thank you.

Very well. The Minister should issue the Ministerial Statement tomorrow afternoon. If he can do it earlier, in the event of an earlier session of the House, it is well and good.

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Mr. Temporary Deputy Speaker, Sir, this circular is addressed to all District Accounts. The circular, referenced “Release of Constituencies Development Funds”, reads as follows:- “The National Treasury has today released all funds to the Ministry of State for Planning, National Development and Vision 2030 to fund all ongoing and new Constituency Development Fund (CDF) programmes in all constituencies. In this regard, it has been deemed necessary to recall all District Accountants who are currently on their annual leave. Further, District Accountants who are in office are advised not to take their annual leave until further notice. The District Accountants are required to ensure that all CDF payments are processed in accordance with the Constitution, the Public Finance Management Act, 2012, the Constituencies Development Fund Act and the existing Government financial regulations and procedures. All District Accountants are required to comply with the contents of this circular.” Mr. Temporary Deputy Speaker, Sir, the circular is dated 31st December, 2012.

I direct that copies be made available to hon. Members during the course of the sitting or at least by the end of today.

Mr. Temporary Deputy Speaker, Sir, I hereby table the document.

Hon. Members, are there any other Ministerial Statements being requested or issued?

Mr. Temporary Deputy Speaker, Sir, I thank you very much for this opportunity. I rise to seek a Ministerial Statement on the Provincial Administration, and especially regarding the National Administration and Coordination Bill. There is a major concern throughout the country by Provincial Administration officials, including

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Yes, Mr. Githae.

Mr. Temporary Deputy Speaker, Sir, the National Administration and Coordination Bill is already before the House. It has gone through the First Reading. It is awaiting Second Reading. The Bill clearly states all the requirements that the hon. Member has asked about – terms and conditions of service. They will continue---

Mr. Githae, it is enough to just point out that the Bill is before the House.

Mr. Temporary Deputy Speaker, Sir, the Bill is now a property of the House.

Yes. So, you do not anticipate debate on it. Prof. Kaloki, the matter is, in fact, scheduled. I have seen the proposed business of the House. The Bill appears to be on course. I do not know whether you are satisfied.

Mr. Temporary Deputy Speaker, Sir, the issue is “when”. I have a copy of the Order Paper, and the Bill is not listed on it. That is why I want the Minister to try to work with the House Business Committee to make sure that the Bill is put on the Order Paper, so that we can deal with it before the expiry of the life of this Parliament.

Prof. Kaloki, it has just been pointed out to me that, in fact, the matter is in the jurisdiction of the House Business Committee. It is the one that prioritises the Business that comes before us. The Government has done what is required of it. Therefore, it is a matter which is before a Committee of this House. If they can prioritise it, it can come up even as early as this afternoon but it is already before the House. Hon. Members, since there are no other requests, I just want to communicate that, given the nature of the pending business, at the request of the Joint Chief Whips, I am re- organising the business of the House for the rest of this morning’s sitting, so that we now move from Order No.7 to Order No.13, which is a Motion from the Departmental Committee on Energy, Communications and Information, which is very short. Thereafter, we will revert to the business before us as per the Order Paper. Next Order!

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Mr. Temporary Deputy Speaker, Sir, on behalf of the Joint Committee of the House Broadcasting and Energy, Communication and Information Committee, I beg to move the following Motion:- THAT, this House adopts Report of the Joint Committee on Energy, Communications & Information and the House Broadcasting Committee on the Interference of Avionic Communications Frequencies by Local Radio Stations, laid on the Table of the House on Thursday 4th October, 2012. Mr. Temporary Deputy Speaker, Sir, the two Committees had various meetings in which they summoned the respective organs overseeing the industry. They included Communications Commission of Kenya (CCK), Kenya Civil Aviation Authority (KCAA) and some of the radio stations which were mentioned. The interference of the avionic industry was noted and some of the reasons given by the regulators are the failure by some of the local radio stations to install the band-pass filters and transmission through different high energy frequencies. Mr. Temporary Deputy Speaker, Sir, some of the radio stations like British Broadcasting Corporation (BBC), Radio Citizen and others have rectified that. They have been given the type approval but some have not been installed in some of the transmitting stations like Londiani. They are in the process and the Joint Committee recommended that they be given 30 days to inspect and report to this House any of the local stations which have not installed the band-pass filters and the power they are transmitting on. I wish to say that the regulatory organs; the KCAA and the CCK were given various terms to meet so that they can report to the various relevant Committees of this House. Therefore, the report is so extensive and I wish to move. I would like to ask Mr. Duale, who is one of the Members of the Committee, to second.

Mr. Temporary Deputy Speaker, Sir, I want Members of this House to read this Report very carefully and approve it.

Mr. Duale, you rise by seconding.

Mr. Temporary Deputy Speaker, Sir, through your indulgence, I second this Motion. The Committee found out that the Kenyan airspace is at great danger following those interferences. When a pilot is landing at the Jomo Kenyatta International Airport (JKIA), instead of listening to the control tower, he or she is listening to radio stations. He or she is listening to Citizen Radio, BBC and many other radio stations. That was confirmed by the regulator - the CCK. That was also confirmed by KCAA.

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I see no requests so I will put the question.

Hon. Members, we will now go back to the Order Paper and we will follow the business of the House as listed. However, for the benefit of Members, the matter raised

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Mr. Temporary Deputy Speaker, Sir, happy New year to everyone. Mr. Temporary Deputy Speaker, Sir, I beg to move that the Kenya Medical Supplies Authority Bill be now read a Second Time. From the outset, I want to say that this is a Committee Bill which was drafted by the Committee after a lot of consultations with many stakeholders. Mr. Temporary Deputy Speaker, Sir, allow me to give a brief history of the current Kenya Medical Supplies Agency (KEMSA). The KEMSA is one of the oldest departments in the Ministry of Health. It was established in the early 1890s by the colonial government to act as a strategic national health store with the headquarters at the current railway station. Mr. Temporary Deputy Speaker, Sir, the department has operated under various names ever since. The recent ones were the Central Medical Stores, the Medical Supplies Co-ordinating Unit and the current one, which is Kenya Medical Supplies Agency (KEMSA). Despite the department operating under various names its original role has been to procure, warehouse and distribute medical supplies to various public health facilities in the country. This mandate has been retained to date. Mr. Temporary Deputy Speaker, Sir, in the early 1990s the Government embarked on various health sector reforms. One of the targetted areas was reform of the medical supply scheme to make it more efficient and responsive to the national needs. This was in the realization that availability of quality drugs and other medical supplies is a critical input in the provision of quality healthcare to citizens. Mr. Temporary Deputy Speaker, Sir, as justification for the Kenya Medical Supplies Authority Bill, I wish to give a brief outline. I want to justify why we should have a Bill to create the Medical Supplies Authority. Currently, KEMSA is currently established under subsidiary legislation, Legal Notice No.17 of 2000, which is delegated power under the State Corporations Act. To this extent, KEMSA suffers from all the shortcomings of being established under subsidiary legislation instead of principal law. These shortcomings include lack of legislative certainty by Parliament over the subject matter as subsidiary legislation works at the whim of the Executive. The legal notice is captive to the provisions of State Corporations Act. The existing legal framework cannot provide for adequate functions or penalties for non-enforcement of the interpretation of general provisions of this Act.

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Mr. Temporary Deputy Speaker, Sir, I rise to second this very important Bill; The Kenya Medical Supplies Authority Bill, 2012. Mr. Temporary Deputy Speaker, Sir, from the outset, it is very sad this morning that both the Minister for Medical Services and the Minister for Public Health and Sanitation are not in the House. I believe the Cabinet works until the President retires. So, they have an obligation to the nation and this House.

Is there any of them in the House?

Mr. Temporary Deputy Speaker, Sir, none of them is in the House, including their Assistant Ministers and yet this Bill concerns their Ministries. That is an obligation they have to the nation and to this House. Mr. Temporary Deputy Speaker, Sir, I would like to thank the Chairman of Departmental Committee on Health for bringing this Bill to the House. This Bill sets the

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Mr. Temporary Deputy Speaker, Sir, let me start by thanking the Chairman of this Committee, Dr. Monda and his Committee Members for doing a good job on this Bill. This Bill touches on the lives of Kenyans. It also seeks to set very high standards for our people. It also seeks to increase the life expectancy of our people. To do that, the Authority is expected to be given adequate funds in order to procure the necessary drugs for our hospitals. Time and again, the KEMSA has not been able to deliver satisfactory services in this country. Drugs have not reached all corners of this country. As a result, this has affected the lives of the people who could not access drugs in private hospitals. This country has a big segment of people who are affected by HIV/AIDs scourge. It is deplorable when you find that the cost of these drugs is very high. The needy in the society are unable to access them. Therefore, this Authority will create the necessary mechanism to make sure that the drugs required by these people are available. The security for our drugs at KEMSA has not been very good because it is overstocked at times. The drugs, therefore, expire. Delivery of drugs from it to other facilities in the country has been very poor. Stock-outs have been the order of the day. This Authority will be expected to improve on storage and delivery of drugs. It will also be expected to create county medical stocks so that drugs will be closer to the people. It has been bad to see Government drugs being peddled or sold in private business premises. Therefore, the security of drugs supplied by the Government has not been very good. This must be improved tremendously. Overhauling of the KEMSA is another issue that needs to be addressed so that the entire country, with a huge population that is increasing day by day will get the required services. In my view, this Bill is very timely and it requires overwhelming support. With those few remarks, I support.

Thank you, Mr. Temporary Deputy Speaker, Sir. I rise to support this Bill. In supporting it, I also want to congratulate my friend and Chairman of the Departmental Committee on Health, Dr. Monda because he knows the problem better than we do. Flipping through the Bill, what he intends to do, is exactly what major cartels dealing with drug supplies have always wished not to happen. I encourage him to go ahead. This House should make history by regulating the supply system of drugs in our hospitals. Until you are sick, you cannot know what it means to lack medicine, especially when the condition gets worse by the hour. It is even worse when the prescription is done and, ultimately, you have fake or expired medicine. Sometime drugs are not available. I support this Bill and urge the House to support hon. Dr. Monda so that we enact it into a law sooner than later.

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Thank you, Mr. Temporary Deputy Speaker, Sir. I wish to convey Happy New Year greetings to you, the Members of this House and the staff of the National Assembly. I also rise to support this Bill. We all know that good health is wealth although it cannot be carried in a suitcase. This Bill seeks to safeguard the health of Kenyans by putting in place an elaborate mechanism to supply medical supplies to our hospitals. A good supply of medical pharmaceuticals is basic to provision of sound healthcare in any country. In this regard, it is my view that this is one of those laws that should have been passed soon after the passage of the Constitution. Mr. Temporary Deputy Speaker, as political leaders, we receive less pressure when our people get the services they want at an affordable cost. The Bill proposes that the KEMSA ensures that there is an uninterrupted flow of supplies. The Bill also proposes that the KEMSA must ensure that drugs supplied are of the highest quality and that health facilities benefit from the economies of scale. The Bill also proposes mechanism of on how the KEMSA will partner with county governments to supply commodities. This is in line with the new Constitution. I know that there are people out there who want to see the supply of medical commodities made a free for all trade. These are merchants of doom whom we must avoid at all costs. Healthcare is different from any other sector. No serious country has left the supply of pharmaceuticals to merchants. In fact, research shows that procurement and supply of medical commodities is one of the most regulated sectors in Europe. They even determine the number of wholesalers and retailers in each location. This is the law. The study and practice of pharmaceuticals is highly regulated. These nations take the health of their people very seriously. No wonder, we all aspire to get medical attention from such countries. However, why can we not start this at home because we now have an opportunity? The supply of medical commodities is not like the supply motor vehicle spare parts or building materials where every trader sells freely with less attention being given to the origin of the good or their storage. If you buy a fake spare part for your car, you have the option of changing it later or even grounding the car. However, if you give low quality medicine to your child, the probability of destroying the life of that child becomes very high. This Bill proposes to create an Authority which will be a onetime stop for quality and affordable medical supply for our people. I request all hon. Members to support the passage of the Bill. In conclusion, I am a strong believer of the ideology that good health and good sense are two of life’s greatest blessings and should be safeguarded at all costs for the benefit of all generations. It is for this reason that I firmly say that we should not let the curtain fall on the Tenth Parliament without having passed this Bill. I beg to support.

Mr. Temporary Deputy Speaker, Sir, I would like to support the Bill and congratulate the Mover, Dr. Robert Monda, for coming up with the Bill. It is high time that we made changes to a number of sectors in this country so that we move away from the way things were done in the past. Considering that our population has been growing rapidly what was intended a number of years back cannot be sustained

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Mr. Temporary Deputy Speaker, Sir, first, I want to convey my new year greetings to you and Members of Parliament and, in particular, the people of Migori who have honoured me for the five years that I have been in this august House. Secondly, I want to thank hon. Dr. Monda for moving this very important Motion. It has come at the right time before this Parliament adjourns. The issue of medical attention in this country is really wanting. Thanks to the Government and the CDF for putting up quite a number of dispensaries across the country. However, if you visit those dispensaries and even the expanded hospitals, for example, Migori Level IV Hospital, you will find that there are no drugs. Patients buy medicine from private shops. In the

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Mr. Temporary Deputy Speaker, Sir, I wish to add my voice in greeting you and the nation and also sending my happy New Year greetings to everyone. I want to congratulate the Mover of this important Bill because I know it is going to reform the health sector. I was a Member of the Departmental Committee on Health. I have, therefore, gone round this country to look at the health facilities, especially with regard to procurement and distribution of drugs. That has been a major problem. Storage facilities have been a major problem. Mr. Temporary Deputy Speaker, Sir, before the new Constitution, health care services were at the whims of the national Government. The new Constitution has allowed for a shared function between the national Government and the county governments. Under Schedule IV, you will see that those functions are divided between those two levels of governance. The county government is in charge of health facilities and legal frameworks that will be needed to be put in place. The former Constitution did not recognize the economic and social rights of the people of this country. The new Constitution, however, under Article 43, recognizes the right of everyone to have the highest attainment of healthcare in this country, which includes reproductive health and so on. This right cannot be attained without ensuring an effective and sustainable system of the procurement, storage and distribution of health care commodities. Article 20 of the Constitution requires the State to enable resource availability for financing national priorities in respect to social economic rights. This will ensure the enjoyment of social economic rights. If you go round East Africa, you will realize that there are legal frameworks and statutes that address procurement, distribution and resource allocation within the East African Community. It is high time Kenya had a statute that will look clearly into issues of procurement, distribution and storage of medical commodities. Mr. Temporary Deputy Speaker, Sir, I support this Bill in the strongest terms possible.

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to contribute to this Bill. Before I do so, I also want to convey my New Year greetings to you, my colleagues in Parliament and to my constituents of North Imenti Constituency. Dr. Robert Monda has done us proud because this is a very important Bill which should have been enacted at the time when we entered this Parliament. He is the Chairman of the Departmental Committee on Health. He has gone round the country listening to the cries of Kenyans. I think that is why he has found it very necessary that we cannot go to the next Parliament without answering their cries. I want to thank him for finding a way of curing the ills that are there. As it has been said, the health of citizens of a country is very crucial. The provision of medical supplies is also as important as the supply of any other ingredient

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Dr. Monda, there is no other request so you may move to respond. Sorry, there is one which is coming in from Ms. Ndeti and others. There are others who are now making requests at this stage.

Mr. Temporary Deputy Speaker, Sir, I would like to take this opportunity to support this Bill and also wish everyone in Kenya and in Parliament a happy new year. I would like to take this opportunity to also pass my condolences to our Temporary Deputy Speaker over his councillor, the first lady councillor from Chama Cha Uzalendo (CCU) who passed on last night through a horrific road accident. Their matatu rammed into a lorry. We wish you well and we are with you and your constituents at this time when you are mourning Councillor Lydia Gituma and her husband. Mr. Temporary Deputy Speaker, Sir, I stand to support this Bill because most people in this country die due to lack of medicine. We have stores that have no drugs. When medicine is being supplied by the Ministry, sometimes money can be diverted somewhere else depending on their priorities. I stand to support the Bill because I know what we have done as Members of Parliament. We have built many dispensaries and health centres, but they are just empty shells without medicine and without doctors. By devolving the supply of medicine, it will save many people in the counties. So, I stand to support. I wish you all a happy new year, good health and peaceful elections.

Hon. Members, I think there is a lot of repetition. Let us just be brief so that we can conclude.

Mr. Temporary Deputy Speaker, Sir, I will be brief in supporting this Bill. This Bill is important because it will be able to bring services and supplies closer to the counties. I also propose further that we also focus on county government

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Let us hear Mr. Mbau. After him, Mr. Gitari and Mr. Ogindo will have two minutes each then we will call the Mover to reply.

Mr. Temporary Deputy Speaker, Sir, thank you for giving me a chance to speak on this session of Parliament in 2013. I want to wish you well and polesana for the loss of your councillor. I also want to comment Dr. Monda for bringing to the House this important Bill to become law. I can see that hon. Members are out to support it without any exception. It is good for us to note that there before, drugs and pharmaceutical items used to be transported from the central medical stores. Kenyans used to suffer because they did not know how to access the central stores. When the KEMSA was formed all of us thought that the issue of Kenyans suffering was going to be a thing of the past. This has not come to be because it operates from Nairobi and we do not know what structures are on the ground. I am unable to know how to ensure that when we put up a new health facility we get the medical staff and drugs. There are no intermediate structures. This has led to a lot of demoralization because drugs do not flow. This is against the backdrop of very many medical needs. I want to support this desire to anchor this particular agency in law so that persons would become viable, responsible and accountable to the people of Kenya when they go wrong. I want to hope that the same agency once instituted, would become an advisory arm of what we now know are amorphous District Medical Health Management Board and Project Management Committees. If they could get professional advice then things would be better. I also hope that this would go towards ensuring cost effectiveness in the procurement process. I wish to support this particular Bill and thank the Mover for bringing it to the House.

Mr. Temporary Deputy Speaker, Sir, first of all, I want to pass condolences from the people of Kirinyaga Central to you and the family of the bereaved. Let me take this chance to congratulate Dr. Monda for bringing this Bill to the House. I am on record in this august House having brought a Question whereby somebody died when he was being transferred from Kerugoya Hospital to another hospital due to lack of drugs. I want to say that my colleague has brought this Bill timely in the House because as you are aware the founding father of this country talked about how we could deal with health issues. When I was elected through a by-election as a Member of Parliament for Kirinyaga Central, one of the things we have done through CDF is building new dispensaries. If this Bill is passed, I am sure that these dispensaries

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Mr. Temporary Deputy Speaker, Sir, thank you. On behalf of my constituents, the people of Rangwe, I wish to extend my heartfelt condolences to you on having lost your councillor. Again, let me take this early opportunity again to wish the people of Rangwe and the people of the larger Homa Bay County a happy and prosperous new year. Mr. Temporary Deputy Speaker, Sir, having said that, let me thank hon. Monda for this timely Bill. At the risk of being repetitive, Members of Parliament have done a wonderful job in trying to enhance the quality of life in the villages. I am no exception to this. In my constituency, however, the people of Nyawita in Ngongo Location and the people of Gem West, Makongeni in Homa Bay and Kanyapala in Rangwe Constituency are not happy because we have white elephant projects.

Mr. Temporary Deputy Speaker, Sir, we would want to see the implementation of this Bill upon becoming an Act, so that we eliminate the brokers that are, indeed, a cancer in the procurement of medical supplies. We can have an authority that can deal directly with the manufacturers with an aim of reducing the cost. It is imperative that this process be fast-tracked so that people start benefitting from these facilities. Mr. Temporary Deputy Speaker, Sir, I want to ask Dr. Monda in his capacity as the chairman of the Departmental Committee on Health to ensure we have nurses posted to these health facilities so that they do not turn out to be white elephants. With those few remarks and in the interest of time, I beg to support.

All right. Since there was a ruling by the previous Speaker, we are going to stop there. I will call upon the Mover, hon. Robert Monda to reply.

Thank you, Mr. Temporary Deputy Speaker, Sir. As I stand to respond, allow me to thank the many hon. Members who have shown interest in support of this Bill. Hon. Members have strongly supported the idea of having the Kenya Medical Supplies Authority formed to devolve its services to the counties. This will improve access to quality and affordable medical services. The Authority, of course, procures on the principle of economies of scale. This is why after procurement, the procured commodities need to be taken to the various counties for ease of accessibility within a short time, so that the hospitals are able to provide these commodities to the public within the shortest time possible. Mr. Temporary Deputy Speaker, Sir, without being repetitive---

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Order, hon. Monda! Just before you conclude your remarks, could you donate a minute to hon. Dr. Mwiria just to make a comment? Could you be kind enough?

At this juncture, or I conclude first?

At this particular time before you conclude.

Then I conclude after?

Yes.

Okay, Mr. Temporary Deputy Speaker, Sir. Before I donate some two minutes to many colleagues here who have shown interest, including hon. Nkaisserry, I want to emphasise that once this Bill is enacted into law, the Government will have to put funds into the Authority. The Authority will procure medicines. Hospitals will be given money to buy drugs at low prices. Mr. Temporary Deputy Speaker, Sir, before I conclude, I will ask that you allow me to donate two minutes each to the hon. Kilemi Mwiria and hon. Nkaisserry.

I will also allow hon. Imanyara to make a few remarks. So, let us go in that order. Hon. Nkaisserry!

Thank you, Mr. Temporary Deputy Speaker, Sir. I stand to support this very important Bill. In doing so, I would like to thank hon. Dr. Monda for bringing it to this House. It is the beginning of the year. I would like to thank him because he has brought a very important Bill to this House. I want to request that once this Bill becomes law, its enforcement becomes necessary by the relevant Government. Mr. Temporary Deputy Speaker, Sir, giving medicine to health facilities without staff to manage, may be an exercise in futility. So, we want the Government to make sure that all medical facilities are well staffed. As I support this Bill, I would like also to commend my constituents for maintaining peace and to wish them a very prosperous and peaceful new year. The same applies to all Kenyans. We should have peaceful elections. For us to have a peaceful election, the Independent Electoral and Boundaries Commission (IEBC) should come out clearly on the issue of education. There is confusion. There was a post secondary requirement of education, but now people are confused whether it is Form Four or post secondary. So, it is very important for the IEBC to come clear on this issue so that everybody is aware. With those very few remarks, I support.

Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me these few minutes that I have got courtesy of hon. Monda. I also want to congratulate him for bringing this very important Bill to this House and all the hon. Members that have supported it. I would like to begin by sending my condolences to hon. Gitobu Imanyara and the people of Imenti Central on the loss of a councillor and her husband and many other people from, not just Central Imenti, but other constituencies in Meru who also suffered

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Mr. Temporary Deputy Speaker, Sir, mine is just to support this important Bill. I also wish to pass my condolences, on my own behalf and that of the people of Kandara, for the loss of the councilor from hon. Imanyara’s area. It is so shameful that we put dispensaries funded by the CDF only to find that they have no drugs. I do not know why the people who are supposed to do this job do it in secrecy. It is high time that everybody is given the opportunity to enjoy the drugs that are supplied by the Government. I have about 12 dispensaries in my area which are white elephants because they have no drugs. I want this Bill to pass, so that the people Kandara can access medicine supplied by the Government.

Mr. Temporary Deputy Speaker, Sir, once again, allow me to thank the Members who have had the last few minutes to support this Bill.

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Hon. Mututho, please, go on.

Mr. Temporary Deputy Speaker, Sir, I can see that we have a problem in this House of quorum. I would like us to consider this because this is a very important Bill to me today.

Very well, we do not have quorum. Please, ring the Division Bell.

Hon. Members, we now have the required quorum in the House and we will resume our deliberations. We are on Order No.9, The Alcoholic Drinks Control (Amendment) Bill, Bill No. 39 of 2012, which was to be moved by hon. Mututho. Hon. Mututho, you may now proceed.

Mr. Temporary Deputy Speaker, Sir, first of all, I join the others in sending my most sincere condolences to the bereaved family of the councillor. Chances are that the driver must have been drunk. In this Bill, there is nothing new that we are trying to introduce other than putting in the Statute what should ordinarily have appeared in the regulations, in particular, the matter of advertising and promotions. You have seen what is happening in the media. I do not want to elaborate this, but the Members have seen it all. The other issue, obviously, and which could be important, is defining the amount of alcohol content in the blood, particularly now that we are having so many road accidents. Together with that is the issue of licensing of petrol stations to sell alcohol. I thank the Members immensely for what they have done in the past by supporting this Bill. Looking at the registration of voters now, there is no doubt that if people observe the hours that have been proposed, which are still 5.00 p.m. to

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Mr. Temporary Deputy Speaker, Sir, I rise to second this Bill brought by hon. Mututho. I will support it on only two very critical issues. The issue of alcoholism comes with an added burden of addiction. Then we do not have rehabilitation centres around the country that to deal with alcohol addiction. Alcoholism needs to be treated as a disease. It is a disease and that is why I am supporting this Bill. In these regulations, under the National Hospital Insurance Fund (NHIF), those who are treated for alcoholism should be considered like any other patient who is covered by the NHIF. With regard to rehabilitation, we currently have only the Mathari Hospital. Of course, because of the stigma surrounding being taken to Mathari Hospital, most families who have children who are alcoholics feel that they cannot take them there. At the end of the day, that young person ends up not going for rehabilitation. Therefore, he ends up becoming an outcast in the society. This has worked in other countries. I urge the House to support these regulations because they are important. We can put rehabilitation centres, not only in Nairobi, but in every county now that we are going to have county governments. I, therefore, want to second this Motion. I also want to congratulate hon. Mututho for enabling Kenyans to register in big numbers, especially in areas which have always had the biggest problem of alcoholism like Central Kenya. You can see how the people from Central Kenya registered. That was possible due to them being sober enough. This has also happened in Nairobi and I thank him for that. I beg to second the Motion.

Thank you, Mr. Temporary Deputy Speaker, Sir. I join my colleagues in wishing everyone, including you, a very happy New Year. I fully support the proposed amendment. In doing so, I want to congratulate my brother, hon. Mututho, who will go into the history of this country as one man who has taken it upon himself to ensure that this country observes regulations on alcohol. He wants to ensure that this country will not lose another generation as it has already lost a generation through alcoholism. I hope that the people of Nakuru County will do the needful and elect this great man to whatever seat he desires, so that he can continue to contribute to the development of this country. I am a great supporter of the Act which is being amended. However, I want to say two things. First, we were finding it very difficult to implement certain requirements and clauses of the original Act, particularly Section 16, which is in relation to learning institutions. It provides that alcohol selling establishments should not be licensed within a radius of 300 metres from learning institutions. I am pleased to see that there is an

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Mr. Temporary Deputy Speaker, Sir, I also want to support and congratulate the Member, hon. Mututho, for having introduced the law which was enacted in August, 2010. Mr. Temporary Deputy Speaker, Sir, I think the clarification, we have to keep on making to Kenyans is that we are not stopping people from consuming alcohol, but it has to be regulated. This is a working nation and we must do things at the right time. So, regulation of the drinking hours is a very important issue. I remember when we were debating this Bill, back in 2009 just following what hon. Musila has said, it was the same time the President was opening some facilities at the Kenya Breweries in Ruaraka. The Prime Minister had gone to plant trees at the Mau complex. So, they were going in different directions. The President was going to open a facility for manufacture and consumption of alcohol in Ruaraka. I think the leadership should not be involved in this. The moment you open something like that, it means you are promoting it. The other day we saw the Prime Minister at inauguration of beer plant at Naivasha. If somebody just says the Prime Minister came to open my facility that is enough support for it. So, it is up to the leadership also to take care and not to go to some of the places. Mr. Temporary Deputy Speaker, Sir, the issue of accidents is a big problem in this country. Every time you listen to the radio, you hear there is an accident. Today, I was listening to the radio, but I did not know that it had involved the councillor. I wish to join my colleagues in sending message of condolence. I did not know that. There are so many accidents on our roads. It is very difficult to know whether it is because of alcohol or carelessness. If we remove the issue of alcohol then we can deal with the other factors. So, I want to send my condolences to the family of the councillor and her husband from Meru. Mr. Temporary Deputy Speaker, Sir, there has been an apparent tag of war because selling of alcohol is a business. Selling and consuming alcohol creates business even for the economy. The regulations that are being put into the statute are going to minimize. We need to do a lot of public relations exercise through administration and so on. The business can continue, but it has to be done at the right time. If people drink the whole night, it will be difficult for them to work the following day and we, as a country, will not be able to achieve what is envisaged in the Vision 2030. With those few remarks, I beg to support. I also want to join my colleagues in wishing Kenyans well in the New Year, particularly to my constituents in Vihiga Constituency, who have elected me to this Parliament for two terms. I wish to thank them and wish them well in the year 2013. Now that we are approaching elections, people should vote carefully. Vote for leaders who will be able to take care of the economy and take it further from where President Kibaki has brought it.

Mr. Temporary Deputy Speaker, Sir, thank you for the opportunity to make a contribution to this very important amendment Bill. Let me start by wishing Kenyans and people of Lari a very happy and peaceful year. I also take the same opportunity to thank the hon. Member, Mr. Mututho, for the second amendment to this Bill. My biggest concern is about the illegal brews that are

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Yes, hon. Gumbo.

Mr. Temporary Deputy Speaker, Sir, I thank you very much for giving me the opportunity to contribute to this very important amendment Bill. I thank my good friend, hon. John Mututho. Without doubt, he is one of the stars of the Tenth Parliament. Although I do not come from his constituency, I hope that he will take note. Mr. Temporary Deputy Speaker, Sir, this is a unique sitting of this House. For all the time I have been in Parliament, I do not remember us sitting on the 2nd day of the year. So, allow me to use the Floor of this distinguished House to send my happy New Year greetings to the great people of Rarieda. For those hon. Members who may not have been to Rarieda, I want to tell them that it is perhaps one of the most beautiful places on earth and certainly in Kenya. As a contribution to national cohesion, I welcome all young men from the different parts of Kenya who are looking forward to getting married to get girls from Rarieda. We have some of the most beautiful women. Similarly, to our young women from outside Rarieda who want to get husbands, we have some of the most handsome young men in Rarieda. Mr. Temporary Deputy Speaker, Sir, as I contribute to this Bill, I want to encourage all of us to invest in peace in the country. We are in a campaign period and all of us have a duty to always preach the message that, at any given time, Kenya is bigger than all of us. The way to preserve Kenya is to promote peace. Therefore, I urge each one

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Proceed, Eng. Gumbo.

Mr. Temporary Deputy Speaker, Sir, I want him to listen to what I am saying because it is very important.

Proceed. He is listening.

Mr. Temporary Deputy Speaker, Sir, he is not listening. He is talking.

Proceeed, hon. Gumbo!

Mr. Temporary Deputy Speaker, Sir, even some of the drinks being promoted as energy drinks are actually alcoholic beverages. We must isolate such cases, so that people who come in a round-about manner to promote alcohol disguised as energy drinks are also made to face the law. Mr. Temporary Deputy Speaker, Sir, while the law provides drinking hours, this provision is being violated every day. It is like the Provincial Administration has turned a blind eye. Some of us who come from the rural areas, where local brew dens are plenty, know that the drinking hours are violated every day. Even when people go to watch

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What is your point of order, hon. Isaac Ruto?

Mr. Temporary Deputy Speaker, Sir, I wanted to request that the Mover be now called upon to reply because we are repeating ourselves. Apparently, we are all in agreement with the amendment Bill. There is hardly any dissenting view on this matter. I must give accolades to hon. Mututho.

Let me see whether you have the agreement of the House.

Mr. Temporary Deputy Speaker, Sir, can I donate half a minute to Dr. Kilemi Mwiria?

Dr. Kilemi Mwiria, please, proceed.

Thank you, Mr. Mututho. I would also like to congratulate you for the great work you have done to ensure that alcohol does not consume our society - especially the youth - and to support the amendment. I would want to pinpoint many of the dangers that have been associated with alcoholism in this country from broken families, declined productivity, accidents and problems in our education system, to criminal activities and to declined health of individuals. Many of us are getting less healthy because of what is happening outside because of the alcohol menace. Mr. Temporary Deputy Speaker, Sir, we must also accept that there is a problem and, to resolve that problem we need to be more comprehensive. Firstly, our youth drink so much because they are unemployed and frustrated. We have to address that because whatever we do, if they are idle and they have the energy and education, this is to be expected. Our parents continue to be very lenient with their children and they are also bad examples themselves. They consume alcohol excessively at homes during parties and at outings with their own children. Children begin to think that, that is okay.

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Mr. Temporary Deputy Speaker, Sir, I would like to thank all the contributors who have done their very serious contribution this morning, and many more Members of Parliament, including Millie Odhiambo, who have, in the past and always, supported this. I cannot forget all those Members who are not on the Floor or who have made requests but are not here to do it now but they have done physical contribution towards this Bill. There are so many Members of Parliament - who I would number at about 150 - who have really contributed because they would like us to have a sober election. They would like to have a youth that is manageable. They would like to see sanity in the alcohol industry. While thanking them again, I would like to assure them that I will take on board all their proposals, including some very serious ones, like the proposal by Eng. Gumbo that even those people who drink and cause accidents, there should be a mechanism to ban them for, at least, five years so that they do not continue killing more and more people on the road. Those energy drinks which appear to be too strong to be water should also be dealt with as alcoholic drinks and so forth and so on. Mr. Temporary Deputy Speaker, Sir, I beg to move.

Next Order!

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Mr. Temporary Deputy Speaker, Sir, I want to take this opportunity to thank my colleagues. At least, I am happy that all of them are back from the Christmas Holiday and the New Year. Mr. Temporary Deputy Speaker, Sir, one of the reasons that informed the publication of this Bill is that the Constitution under Article 132 (4) (c) lists the conferment of honours in the name of the people of Kenya in the Republic as one of the functions of the President. How this has been done in the past and how it is being done even right now under the new constitutional dispensation leaves a lot to be desired. It is because of this and the realization that in the next few months, we are going to have a functioning county government, I feel that this House should not adjourn without legislating how this very important exercise is being adjudicated by those who are concerned. The Bill attempts to give effect and establish procedures and mechanisms for the award of honours. In particular, the Bill establishes or attempts or intends to establish the National and County Governments Honours Advisory Committee, the Parliamentary Honours Advisory Committee and the Judiciary Honours Advisory Committee. This is also in line with the separation of institutional roles. We realize that in the past, the Executive has attempted to usurp the powers of the two other independent arms of the Government to the extent that Kenyans have said that we have had an Executive of an imperial President. You remember before 1999 even this Parliament was listed as one of the small departments in the Office of the President. This was before we saw the birth of the Parliamentary Service Commission. Even that was contrary to the provisions of the Constitution. Mr. Temporary Deputy Speaker, Sir, you must have seen that recently, even the way the recent awards were given, none of us today can explain. It is because of this realization that if a judge has to be honoured by the Executive, then that impairs the independence of that judicial officer. How do you expect the Executive to honour an outstanding Member of Parliament - for example, the Chairman of the Public Accounts Committee (PAC) - who has been a pain in the neck to the Executive? Certainly, that Member will never see honours or an award from the Executive because he or she always does something that is contrary to the wishes of the Executive. It is high time we entrenched the rule of law by allowing the independent institutions - like the institution of Parliament - to establish mechanisms for award to Members or staff who do well instead of looking upon the Executive to recognize the meritocracy of those particular individuals. It is the same with the Judiciary. We leave the same with the Judicial Service Commission (JSC) headed by the Chief Justice and other institutional mechanisms to decide who deserves to be given a national award. The Constitution clearly talks about this as one of the functions of the Government. The issue of meritocracy has been replaced with mediocrity. Meritocracy is no longer an issue in the award of those honours and, therefore, some of the individuals

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Mr. Temporary Deputy Speaker, Sir, first of all, allow me to thank my very good friend and a true Kenyan, hon. Keynan, for moving this very important Bill. This Bill should have been passed in this House a long time ago, because we live in a country where people who are thoroughly undeserving carry national honours they neither deserve nor have they earned, but thoroughly deserving Kenyans go around without honours which they richly deserve. I, therefore, thank hon. Keynan especially on the qualifications that he has made, for example, in Clause 4(b), where a person who has made an exemplary contribution to the country or county in economic, social, scientific, academic, public administration, governance, sports and all that, is honoured. This is very important. Mr. Temporary Deputy Speaker, Sir, on 7th August, 2012, we came here to inaugurate the refurbished Parliament. I was standing over there and making a contribution as the Chairman of the House Broadcasting Committee. I made then a very

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Thank you, Mr. Temporary Deputy Speaker, Sir, for this opportunity. Just before I comment on this Bill, may I take the opportunity, like those who spoke before me, to wish, through you, the people of Kenya and particularly those of Central Imenti whom I have had the privilege of serving for many years a very happy new year, and to all of you who have spoken this morning, to express your condolences to me on behalf of the family of late councilor Lydia Gituma and the nine other passengers who perished last night in that horrific road accident at Subuiga in Meru. Mr. Temporary Deputy Speaker, Sir, hon. Keynan deserves commendation and congratulations from this House for finally recognizing what every generation since 1963 ought to have recognized. That is that we owe our Independence or sovereignty as a country to the heroes of not only the first liberation, but those who have kept the dream alive; those who have sacrificed by even giving the ultimate – their own lives - to keep Kenya, as a country worthy of respect. So, we must thank hon. Keynan and the team that has played pivotal role in bringing The National Honours Bill, 2012, to this House.

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Mr. Temporary Deputy Speaker, Sir, I rise to support this Bill. In doing so, I want to congratulate hon. Keynan for bringing this Bill. Indeed, when I came to this House, there are certain Bills that I had a very specific interest in; that I actually thought I would even bring myself. This is one of the Bills that I thought, if time allowed, I would have brought myself. I think hon. Gitobu Imanyara picked words from my head. I largely concur with what he said. It is very interesting – I guess it is because we come from the same background. However, because of that, I just want to add a little. Mr. Temporary Deputy Speaker, Sir, as a country, we must honour men and women of honour. In the past, the standards that we have set have been very wrong. The standards that we have set for the society have become very warped. People glorify people who have stolen money or those who misuse public resources instead of glorifying people who do very simple acts. I got so shocked the other day. I was passing along Lenana Road when I came across a man who had collapsed in the middle of the road and he was foaming from the mouth. Everybody who was driving along that road just went round him; nobody wanted to assist. I almost passed because I was almost missing my deadline to submit my nomination papers. I stopped and I asked myself: “What is humanity all about? So what if I miss my nomination and this guy dies?” So, I

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Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity. I want to strongly congratulate hon. Keynan for coming up with this Bill. There are many issues related to how we do our national honours. The problem is that there is no procedure; it is not clear. There is no public involvement. Sometimes, the

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Mr. Temporary Deputy Speaker, Sir, briefly, let me start by acknowledging the good work that has been done by Mr. Keynan in drafting this timely Bill. This Bill is seeking to recognize heroic deeds by Kenyans in this country. I recall that in 1972, Phillip Waruinge was the first Kenyan pugilist boxer to get a silver medal and up to now this Kenyan has not been recognized. That also includes John Oruru and others. In the social life, we have seen prominent people like Mailu, a very prolific writer and Ngugi wa Thiong’o and Micere Mugo who were very patriotic Kenyans who did a lot of good work but they were even expelled from this country. In the education sector, we have seen principals of high schools like Alliance High School, St. Mary’s School Yala and Mang’u High School doing extremely well but have not been given any recognition. The Vice-Chancellor of the University of Nairobi, Prof. Magoha, has brought sanity and peace in that institution. In the sporting world, we have seen people like Joe Kadenge who have done this country proud but up to now, nothing has been done about it. In the religious sector we have people like Bishop Gitari who have suffered for this country. They were injured and insulted for the sake of this country. It is time we recognized these heroes and heroines of this country. It is now important that meritocracy be the guiding principle in the award of these honours.

Since we do not have other hon. Members willing to contribute, I will call upon the Mover of this Bill to reply.

Mr. Temporary Deputy Speaker, Sir, I want to donate just one minute of my time to Mr. Cheruiyot before I proceed.

Mr. Temporary Deputy Speaker, Sir, thank you for allowing me to add my voice to this particular Bill. Ideally, these honours should be bestowed upon people who have gone beyond the call of duty to contribute to the welfare and well being of society. This has come at a time when we really need to reward Kenyans by way of recognition and not by way of cash for what they have done for the nation. I would also like to take this opportunity to wish the people of Kuresoi a happy and prosperous new year as we go for peaceful elections. I also wish the same to Kenyans.

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Mr. Temporary Deputy Speaker, Sir, I want to thank all the hon. Members who have contributed for the available input on the issue of gender, the issue of

and the modus operandi on how this is going to be managed. I want to say that this is a noble idea by our forefathers but unfortunately, the concept was used as a political tool by the sons and daughters of the colonial chiefs and other collaborators who enjoyed the privilege of state power. They awarded their cronies and I can assure you that if this Bill is passed, that would be history. With those few remarks, I beg to move.

Next Order!

Mr. Temporary Deputy Speaker, Sir, I beg to move:- THAT, the Industrial Training (Amendment) Bill be now read a Second Time. The objective of the Bill is to amend the Industrial Act, Cap.237 to make provisions for the Government and public institutions to offer mandatory industrial attachment to the newly graduated students in all professions who are unable to get employment upon completion of their studies. It requires the Public Service Commission (PSC) to determine the terms and service for persons undertaking the attachment in line with the existing policy framework. Mr. Temporary Deputy Speaker, Sir, the Bill is informed by the fact that most of the young people who graduate from the institutions of higher learning end up without employment in the short- term and an opportunity to undertake internship will thus go a long way in equipping them with the requisite practical skills as they prepare to transit to the next level of education or employment. We have got many people who graduate every year and when they go outside there to seek employment, they are told that they require two to three years experience. Where do these people get experience when the Government has not created an opportunity for them to gain experience? This is the only way that is going to ensure that fresh graduates from universities gain experience that is going to ensure that when they go to the job market they are competitive. There is a shortage of nurses and yet we have thousands of nurses who are languishing at home.

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Mr. Temporary Deputy Speaker, Sir, I rise to second and call upon the Mover at the Committee Stage to ensure that at least 10 per cent of the labour force is what they call internships and those interns should be able to earn not less than 30 per cent of their anticipated salary upon qualification. I second.

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Hon. Members, on this one, there is a request that we defer this particular Bill to a later date.

Hon. Members, may I take this opportunity to thank you for the co-operation and support you have accorded me during the 10th Parliament when I served you from this Chair. May I also take this chance to wish you a successful and prosperous 2013. I wish you well in your endeavours particularly in the forthcoming general elections as you vie for various positions. Hon. Members, let me also take this opportunity to thank the people of Kibwezi for electing me and giving me this opportunity to serve them as their Member of Parliament.

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Hon. Members, it is now time for interruption of business. Therefore, the House stands adjourned until today afternoon, Wednesday, 2nd January, 2013 at 2.30 p.m. The House rose at 12.30 p.m.

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