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  • Sitting : National Assembly : 2013 01 10 14 30 00
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  • Page 1 of Hansard 10.01.13
  • January 10, 2013 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY OFFICIAL REPORT Thursday, 10th January, 2013
  • The House met at 2.30 p.m.
  • [Mr. Speaker in the Chair]
  • PRAYERS

  • Mr. Speaker

    Order, hon. Members! Hon. Members, this now looks like the grand finale and so, you must put your best foot forward. Next Order!

  • PAPERS LAID

  • The following Paper was laid on the Table:- The Report of the Select Committee on the Resettlement of Banita Scheme.
  • (By Mrs. Noor)
  • NOTICE OF MOTION

  • ADOPTION OF REPORT ON THE KENYAN DELEGATION TO THE 10TH ALL AFRICAN GAMES, MAPUTO

  • Sophia Abdi Noor

    Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Departmental Committee on Labour and Social Welfare on the Question by Private Notice by the Member for Ikolomani Constituency, hon. Bonnie Khalwale requested on 1st December, 2011 on the Kenyan Delegation on the 10th All African Games, Maputo, 3rd to 18th September, 2011 laid on the Table of the House on Thursday December 20th, 2012.

  • Mr. Speaker

    Next Order!

  • QUESTIONS BY PRIVATE NOTICE

  • PROVISION OF OFFICES/ACCOMMODATION FOR COUNTY GOVERNMENT OFFICIALS

  • Nicholas Gumbo

    to ask the Minister for Public Works:-

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  • January 10, 2013 PARLIAMENTARY DEBATES 2
  • (a) What is the extent of preparedness in terms of provision of office and accommodation to the officials of County Governments immediately after the general elections due in two months time? (b) Could the Minister confirm that all County Governments officials will have offices/accommodation by March, 2013?
  • Mr. Speaker

    Is the Member for Rarieda not here? I am not certain that the Member for Rarieda would want to make a mistake on this day. So I will revisit the Question. Next Question by the Member for Ndhiwa!

  • ORAL ANSWERS BY QUESTIONS

  • Question No.1862
  • DISMISSAL OF PC DALMAS ODUK

  • Mr. Oyugi
  • asked the Minister of State for Provincial Administration and Internal Security:- (a) under what circumstances PC (No.89581) Dalmas Oduk was dismissed from service; and, (b) whether he could consider reinstating him.
  • Alfred Khang'ati (The Assistant Minister, Ministry of State for Provincial Administration and Internal Security)

    Mr. Speaker, Sir, I beg to reply. (a) No.89581 ex-PC, Dalmas Oduk was enlisted on 7th July, 2009 as a recruit constable. On passing out from the GSU Training School, he was posted to the Q Company and attached to GSU Tot Base Camp. The ex-constable was on annual leave which was ending on 8th December, 2012 after which, he did not report on duty as required until 12th March, 2012 at 11.00 a.m. after absenting himself from duty for 93 days. On 15th December, 2011 – that is three days after he had been reported absent - a signal was sent to Police Headquarters for absenteeism from duty. On expiry of 21 days, a letter declaring ex-police constable a deserter and another advising the paying section to stop his salary Ref.PF/89581/200709581/2007095470/62 and PF/89581/2007095470/63 dated 3rd January, 2012 were sent to Muthaiga Police Station and Police Headquarters, respectively. On 12th March, 2012, when he reported on duty, he was charged in Orderly Room Proceedings for absenting himself without leave contrary to Regulation 3 (9) of the Police Regulations. After taking into consideration his previous disciplinary record, he was dismissed from the service with effect from 30th December, 2011. He was informed of his right of appeal within seven days from the date of receipt of the dismissal letter. The officer, indeed, appealed directly to the Commissioner of Police in a letter dated 30th March, 2012, which was received on 5th April, 2012. Police Headquarters did reply to him in a letter dated 21st June, 2012 advising him to channel his appeal through the laid down channels for the same to be considered.

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  • January 10, 2013 PARLIAMENTARY DEBATES 3
  • Mr. Speaker, Sir, to date, the ex-officer has not responded. It is worth noting that in his dismissal letter, he was informed that he can only appeal against the sentence to the Commandant, GSU. Consideration to reinstate him will be made when and if the ex-officer appeals using the right channel which are known to him. The officer is also free to appeal to the Police Service Commission (PSC) which, of course, has recently been enacted.
  • Mr. Oyugi

    Mr. Speaker, Sir, I would like to thank the Assistant Minister for very good, considered answers. Mr. Speaker, Sir, with your permission, I would like to table the response that the said officer wrote after being advised. He wrote through the right procedure and I have a copy of that letter. I have shared it with the Assistant Minister. I do not know how to proceed with this. I have copies of the letter saying that it is true---

  • Mr. Speaker

    You may table the letter. What is the date of the letter?

  • Mr. Oyugi

    Mr. Speaker, Sir, the letter is dated 16th July, 2012. It is written to the Officer Commanding Q Company, GSU through the Commandant, General Service Unit. It is an appeal against the sentence of dismissal.

  • Mr. Speaker

    Proceed and table it so that it can be passed on to the Assistant Minister.

  • (Mr. Oyugi laid the document on the Table)
  • Mr. Speaker

    Go on and ask the next question!

  • Mr. Oyugi

    Mr. Speaker, Sir, I would like to ask the Assistant Minister to substantiate the allegation that there were previous disciplinary records on that particular officer.

  • Alfred Khang'ati

    Mr. Speaker, Sir, first and foremost, the letter that he has tabled is not within our records. But as I indicated, consideration to re-instate him will be made as and when the ex-officer appeals using the right channel. Once we get that letter, I can forward it to the relevant authorities as the correct appeal. I am sure his case could be revisited. However, on the second issue of previous cases, it is noted that before dismissal, the ex-officer had two other previous convictions for offences against discipline and absentism from duty as follows:- (i) Absentism without leave contrary to Police Regulation 3 (9) for seven days between 24th and 30th October, 2009. He was charged in Orderly Room Proceedings, convicted and fined Kshs700. (ii) Absentism without leave contrary to Police Regulation 3 (9) for 15 days between 7th and 22nd August, 2011. He was charged in Orderly Room Proceedings, convicted and fined Kshs2,200.

  • Mr. Oyugi

    Mr. Speaker, Sir, I am not trying to intimate bad faith on the part of the Assistant Minister, however, the documents I have with me – and which I have tabled - indicate that the said officer was undergoing medication; which medication was through a Government agency - Ndhiwa Sub-district Hospital. The documents are in the Assistant Minister’s possession right now. I really think that unless there was bad faith on the part of the officers, the officer was duly out of work on medical grounds and he indicated that.

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  • January 10, 2013 PARLIAMENTARY DEBATES 4
  • Is it possible for the Assistant Minister to give us an indication that once they go through this documentation, it will be possible to reinstate the said officer?
  • Alfred Khang'ati

    Mr. Speaker, Sir, it is true that when the officer reported on duty, he produced medical reports showing that he was diagnosed with tuberculosis on 6th December, 2011 at Ndhiwa Sub-district Hospital after which, he was put on medication as an out-patient. The procedure here requires that, that information should have been put before his officers, which he never bothered to. Secondly, if he found that to be difficult to do, then he should have reported by way of signal through the nearest police station, which is a procedure every police officer is aware of. So, it is true that there is a medical sheet saying that he was sick, but this matter was not brought to the attention of his officers either directly or through the nearest police station, as the procedure requires. I have that medical report, Mr. Speaker, Sir. So, I have already gone through it.

  • Mr. Speaker

    Very well! That will rest the matter. I can see interest from the hon. Member for Sigor, but it is belated because we have already given the first and second opportunity to the Questioner. Next Question by the hon. Member for Molo.

  • Question No.1836
  • DELAYED PAYMENT OF DUES TO UNICEF SUPPORTED PROGRAMME EMPLOYEES

  • Mr. Speaker

    Is the hon. Member for Molo not here? We will have to treat all these hon. Members equally for this afternoon. So, we will revisit the Question. The next Question by the hon. Member for Emuhaya.

  • Question No. 1700
  • NON-FORMULATION OF VEHICLE EXHAUST EMISSION STANDARDS REGULATIONS

  • Mr. Speaker

    Is the hon. Member for Emuhaya not here? Hon. Members, I had information coming to my office that the hon. Member for Emuhaya has delegated to the hon. Member for North Horr to ask the Question on his behalf. So, we will revisit it and if none of them is here, hon. Members, you know the fate of that Question. Next Question, the Member for Wajir South.

  • Question No. 1803
  • EXPENDITURE ON DROUGHT MITIGATION IN WAJIR DISTRICT

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  • January 10, 2013 PARLIAMENTARY DEBATES 5 Mr. Sirat

    asked the Minister for Development of Northern Kenya and other Arid Areas:- (a) how much money was slashed from each Ministry and/or department for drought mitigation in the 2011/2012 Supplementary Budget; (b) how the money was spent and whether he could provide itemized expenditure; and, (c) how much money was spent on drought mitigation in Wajir South Constituency.

  • Mr. Speaker

    Where is the Minister for Development of Northern Kenya and Other Arid Areas? Is the Minister not here? Once again, we will revisit the Question. Let us move on to the next Question by the hon. Member for Vihiga. DELAYED RELEASE OF KCSE CERTIFICATES TO CANDIDATES OF KEGOYE SECONDARY SCHOOL

  • Mr. Speaker

    Is the hon. Member for Vihiga not here? Similarly, we will revisit the Question later on. Yes, the Member for Yatta.

  • Question No.1826
  • NON-COMPLIANCE WITH GENDER EQUITY REQUIREMENTS IN APPOINTMENT OF DIRECTORS AT KPLC

  • Charles Kilonzo

    asked the Minister for Energy:- (a) whether he could provide a list of names of all the directors in all the parastatals under the Ministry indicating their gender; and, (b) whether he could clarify whether the above appointments are in accordance with the constitutional requirement on gender equity, particularly at Kenya Power & Lighting Company.

  • Magerer Kiprono Langat (The Assistant Minister for Energy)

    Mr. Speaker, Sir, I beg to reply. (a) The composition of the board members in parastatals under my Ministry is as follows:- Kenya Electricity Generating Company (KenGen) Name Title Gender 1. Titus K. Mbathi Chairman Male 2. Edward Njoroge, EBS Managing Director Male 3. Musa Ndetto Member Male 4. Dorcas Kombo Member Female 5. George Njagi Njagi Male

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  • January 10, 2013 PARLIAMENTARY DEBATES 6 Mr. C. Kilonzo

    On a point of order, Mr. Speaker, Sir. In the interest of saving time, the Assistant Minister was only to provide a list of the names, which he has. Perhaps he would just have said how many men and women are in each state corporation, so that we can move on faster.

  • Mr. Speaker

    Mr. Assistant Minister, that will expedite the matter, indeed.

  • Magerer Kiprono Langat (The Assistant Minister for Energy)

    Thank you, Mr. Speaker, Sir. If it pleases the hon. Member, then I have to try and--- Out of the nine members in the KenGen Board, there are three female. Definitely, the other six are male. The Kenya Electricity Transmission Company (KETRACO) has seven members of the board. I have three members who are female while the other four are male. At the Geothermal Development Company (GDC), there are currently six members, out of which two are female and four are male. At the Rural Electrification Authority (REA), there are eight members, out of which three are female and the other five are male. At the Energy Tribunal, there are four members but unfortunately, all of them are male. At the National Oil Corporation of Kenya (NOCK), there are seven members of the board, out of which three are female while the remaining four are male. At the Energy Regulatory Commission (ERC), there are seven members of the board, out of which three are female. At the Kenya Pipeline Company (KPC), there are currently eight members of the board, out of which two are female. At the Kenya Power, there are seven members currently sitting on the board and only one is a female. That is all about gender distribution. (b) I want to assure this august House that I am committed to ensuring that the constitutional requirements on gender and other provisions are met when new appointments are being made at the expiry of the current contracts, especially on the boards of the Kenya Power, the KPC and the Energy Tribunal.

  • Charles Kilonzo

    Mr. Speaker, Sir, obviously, there is no commitment on the part of the Government when it comes to the issue of gender because only yesterday, the Government brought four names here, and all of them were from one gender, which was male. If you look at the Kenya Power, you will find that there are two vacancies which have not been filled for close to six months and yet the Assistant Minister is saying “when they become vacant.” Why has he not replaced them taking into consideration the gender requirement?

  • Magerer Kiprono Langat

    Mr. Speaker, Sir, I want to assure my good friend and the women of Kenya that the two positions will go to the female gender. I assure you of that.

  • Sophia Abdi Noor

    Mr. Speaker, Sir, I am happy that this Assistant Minister is today assuring Kenyan women that the two vacant positions are going to be filled by women. I want to thank him for that. But it is sad to hear that a whole parastatal like the one the Assistant Minister has mentioned does not have women at the top and yet you know that the women of this country are well educated. Besides the two slots – which we appreciate – what other things will the Assistant Minister do because this is a constitutional mandate?

  • Magerer Kiprono Langat

    Mr. Speaker, Sir, I want to assure my former Chair – I sat in her Committee on Gender and all that – and she knows very well that I was very firm on the issue of the support for gender; and not only women, but also the youth. I want to assure

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  • January 10, 2013 PARLIAMENTARY DEBATES 7
  • her now that I am in Government, I will ensure that even some of the issues that we discussed are considered. Maybe as I answered in part “b”, I said that as these vacancies occur, I take a personal responsibility to ensure that the distribution, not only in terms of the gender but also the balance – because if you look at the whole list, we still need to do a bit of adjustment to comply with the wishes of Kenyans as expressed in the new Constitution. Thank you, Mr. Speaker, Sir.
  • John Michael Njenga Mututho

    Mr. Speaker, Sir, it is good to hear that assurance. Could the Assistant Minister also make sure that one of those members comes from Nakuru County because I have gone through this list and he has kept the tradition of not considering Nakuru County whenever there is any substantive appointment? So, in the next appointment, could the Assistant Minister ensure that there is one lady from Nakuru County? We have ladies with PhDs and engineering certificates. We have all of them.

  • Magerer Kiprono Langat

    Mr. Speaker, Sir, of course, I know he has a passion because most of what we do in the Ministry of Energy is done within Nakuru County. I want to assure him that not only in Kenya Power, but we also want to make considerations in the GDC, which is domiciled in Nakuru County and also at KenGen in Naivasha. I undertake to do that.

  • Jackson Kiplagat Kiptanui

    Mr. Speaker, Sir, when will the Assistant Minister comply with the law because if he takes the list of these directors, out of the eight parastatals, only three comply. Because out of the nine directors for KenGen, six come from one region – I will not read their names; if you go to REA, you will find that four come from one region; in NOCK, five out of seven come from one region; if you go to Kenya Power, you will find that four out of seven come from one region. How soon will he ensure that we have regional balance in this Ministry?

  • Magerer Kiprono Langat

    Mr. Speaker, Sir, I had already taken notice of the same and not only in the boards, but we are also trying to realign things even within the employment circles of all these parastatals within my Ministry and even the Ministry of Energy to ensure that the obvious imbalance that sometimes catches the eye is corrected within the shortest time possible.

  • Charles Kilonzo

    Mr. Speaker, Sir, to show you how the Government has no regard for women, out of the nine state corporations, we only have one lady who is the Managing Director; and that is in NOCK. We have another one in the ERC. The complaint, therefore, is that there is only one lady who is a chairperson. In all the other seven corporations, he has appointed men, which means he totally has no regard for women. The Constitution says that he has to meet the gender requirement; and yet it is now close to three years since we got a new Constitution and he is still keeping men in the entire boards, which is basically an illegality because it is unconstitutional. So, what is the Government doing to ensure that apart from putting women as directors, there is also fair distribution on who runs or chairs which state corporation?

  • Magerer Kiprono Langat

    Mr. Speaker, Sir, I have just given the assurance. Of course, when the new Constitution was passed and my Ministry was instructed by the same, to ensure that this balance is corrected, some of the directors and the chairs already had the contracts. Like I said earlier, as soon as these positions fall vacant, then we will attempt to gradually utilize that opportunity to correct the seeming inconsideration. But I want to

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  • January 10, 2013 PARLIAMENTARY DEBATES 8
  • assure the women of Kenya and hon. Members that the Ministry of Energy is committed to respect the Constitution and this is going to be done. Thank you, Mr. Speaker, Sir.
  • Luka Kipkorir Kigen

    Mr. Speaker, Sir, listening to the Assistant Minister very carefully, is he in order to give us an indefinite commitment that as soon as possible, he will comply with the requirements and provisions of the Constitution?

  • Mr. Speaker

    The Member for Rongai, I am afraid I am unable to admit that as a point of order. We will now want to go back to those Questions that I undertook to revisit, beginning with the only Question by Private Notice.

  • QUESTION BY PRIVATE NOTICE

  • PROVISION OF OFFICES/ACCOMMODATION FOR COUNTY GOVERNMENT OFFICIALS

  • Nicholas Gumbo

    to ask the Minister for Public Works:- (a) What is the extent of preparedness in terms of provision of office and accommodation to officials of the County Governments immediately after the general elections due in two months time? (b) Could the Minister confirm that all County Governments officials will have offices/accommodation by March, 2013?

  • Mr. Speaker

    Hon. Members, information has come to my office that the hon. Member for Rarieda had an essential appointment to keep that goes to his well being. In those circumstances, therefore, I will defer this Question sine die .

  • (Question deferred)
  • Mr. Speaker

    Next Question by the hon. Member for Molo.

  • Question No. 1836
  • DELAYED PAYMENT OF DUES TO UNICEF SUPPORTED PROGRAMME EMPLOYEES

  • Mr. Speaker

    Is the hon. Member for Molo not here? The Question is dropped!

  • (Question dropped)
  • Mr. Speaker

    The next Question is by the hon. Member for Emuhaya.

  • Question No. 1700
  • NON-FORMULATION OF VEHICLE EXHAUST EMISSION STANDARDS REGULATIONS

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  • January 10, 2013 PARLIAMENTARY DEBATES 9 Mr. Speaker

    Is the hon. Member for Emuhaya not here?

  • (Question dropped)
  • January 10, 2013 PARLIAMENTARY DEBATES 9 Mr. Speaker

    Next Question, the Member for Wajir South.

  • Question No.1803
  • EXPENDITURE ON DROUGHT MITIGATION IN WAJIR DISTRICT

  • Mohamed Mohamud Sirat

    asked the Minister for Development of Northern Kenya and Other Arid Areas:- (a) how much money was slashed from each Ministry and/or department for drought mitigation in the 2011/2012 Supplementary budget; (b) how the money was spent and whether he could provide itemized expenditure; and, (c) how much money was spent on drought mitigation in Wajir South Constituency.

  • Mr. Speaker

    The hon. Member for Wajir South; I think your Question is not yet answered. Where is the Minister for Northern Kenya and Other Arid Areas? Leader of Government Business, what do we do? Yesterday, hon. Members baited me to drop the Minister.

  • Gideon Ndambuki (The Vice-President and Minister for Home Affairs)

    Mr. Speaker, Sir, I regret the absence of the Minister. Considering where we were last evening - or is it early this morning - I want to urge the Member for Wajir South, who is actually my party member, to appreciate the particular circumstances and, maybe, adjourn this Question sine die .

  • Mr. Speaker

    Member for Wajir South, are you prepared to accommodate that position?

  • Mohamed Mohamud Sirat

    Mr. Speaker, Sir, that is quite understandable. I hope to be back and ask the Question again.

  • Mr. Speaker

    In that case, it is so directed.

  • Question No.1591
  • DELAYED RELEASE OF KCSE CERTIFICATES TO CANDIDATES OF KEGOYE SECONDARY SCHOOL

  • Yusuf Kifuma Chanzu

    Mr. Speaker, Sir, I am sorry. I had gone for a meeting and then I got late. There is some construction going on, on the road. I am sorry.

  • Yusuf Kifuma Chanzu

    asked the Minister for Education Education:-

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  • January 10, 2013 PARLIAMENTARY DEBATES 10
  • (a) if he is aware that Kegoye Secondary School in Vihiga District has not received original KCSE certificates for all the candidates who sat for the examinations in the year 2009; and (b) what he is doing to facilitate delivery of the certificates to the school.
  • Mr. Speaker

    Is the Minister for Education present? Leader of Government Business, your Minister does not seem to be in the House.

  • Gideon Ndambuki (The Vice-President and Minister for Home Affairs)

    Mr. Speaker, Sir, again, I want to ask for the indulgence of my good friend, Member for Vihiga. Indeed, last night many Ministers thought the House adjourned and that is why many of them are not around. Could this also be stood over, generally?

  • Yusuf Kifuma Chanzu

    Mr. Speaker, Sir, in fact, I am very happy that the Leader of Government Business is here. This is a straightforward Question. It is an issue which we have been debating in Parliament. We have been following up the issue of the certificates. The Minister, being the Secretary-General of the party, I thought he could take up this matter and help us. It is just a matter of releasing certificates belonging to those young people. In fact, yesterday, I got a call from one of the students. He told me that in 2009, they were not given certificates. They were, therefore, unable to apply for any training. This is a matter that can be handled administratively if the Vice-President and Minister for Home Affairs can undertake to do this for us.

  • Gideon Ndambuki (The Vice-President and Minister for Home Affairs)

    Mr. Speaker, Sir, indeed, this is a straightforward Question. Candidates sat for exams and all they want are their certificates. I will undertake to have those certificates delivered.

  • Yusuf Kifuma Chanzu

    Mr. Speaker, Sir, I want to thank the Vice-President and Minister for Home Affairs. In fact, I want to remind him that it is the school he came to do a Harambee some time back. So, it is something that he should be able to assist.

  • Mr. Speaker

    That then must settle the matter. Let it rest there. Hon. Members, that brings us to the end of Order No.6. Next Order!

  • STATEMENTS Mr. Speaker

    Leader of Government Business, are there any statements that are ready and due for delivery?

  • Gideon Ndambuki (The Vice-President and Minister for Home Affairs)

    Mr. Speaker, Sir, this being a Thursday afternoon, indeed, I should have been ready with one Statement myself. I, however, propose, with your permission, that while dealing with the next Order, I will deal with this matter conclusively. For now, I seek the indulgence of the Chair that the Leader of Government Business be exempted from making a statement now because it will be superfluous in the light of the Order Paper.

  • Mr. Speaker

    That indulgence is granted. We will move on to any requests for statements.

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  • January 10, 2013 PARLIAMENTARY DEBATES 11 Mr. Mututho

    Mr. Speaker, Sir, I seek your indulgence. The Leader of Government Business, who is also the Vice-President and Minister for Home Affairs, has made a very enticing statement while trying to respond to the Question by hon. Chanzu to the extent that in that one school, the certificates will be released. I appeal to him to extend that generosity to all the children of Kenya who cannot join secondary schools now because their certificates are held and yet, this Constitution guarantees free education to all. Economic circumstances in those particular areas brought about the current situation, despite the CDF and bursaries being in existence.

  • Mr. Speaker

    The point at which that matter is canvassed is inopportune, but as at where we are, I will let it pass.

  • Francis Thombe Nyammo

    Mr. Speaker, Sir, there is a matter that I had discussed in the House. The matter had been committed to the Departmental Committee on Labour and Social Welfare. It was dealt with and, in fact, the Committee recommended that the people of Tetu who served in the Nyayo Tea Zones in the 1980s be paid. So far, nothing seems to be happening. The matter has been shuffled between offices. It is important that I be given direction because those people think that we, probably, are playing games with them. Those are people who served the Kenya Government. They have families to educate and look after. They even have medical problems but they have not been paid and nobody seems to pay attention to that.

  • Mr. Speaker

    Very well, Member for Tetu, but, please, satisfy me and, indeed, the House as to the nexus between what you have just addressed and Order No.7. What is the link? Order No.7 pertains to Statements. What you have spoken to does not, in my view, pertain to Statements!

  • Francis Thombe Nyammo

    The only thing I can do, Mr. Speaker, Sir, is to apologize, but still request a Statement from whoever is concerned.

  • Mr. Speaker

    Maybe the Leader of Government Business will take note, but for all practical purposes, that concern stands withdrawn. That then completes Order No.7 and we want to take the next Order. As we do this, please, note that the final Order has to be reached not later than 3.30 p.m. So, endeavour to dispose off the next Order timeously.

  • MOTION

  • ADOPTION OF REPORT ON INSPECTION OF ONTULILI AND LOWER IMENTI FORESTS

  • Mutava Musyimi

    Mr. Speaker, Sir, I stand guided. I beg to move the following Motion: THAT, this House adopts the Report of the Departmental Committee on the inspection of Ontulili and lower Imenti forests, ownership of National Irrigation Board, Mucii wa Urata and Mwea trust land in Meru, Kirinyaga and Embu counties laid on the Table of the House on Wednesday, January 9th, 2013. I have a couple of comments to make. First of all, this Motion deals with issues that relate to land grabbing in Ontulili in Meru, Mucii wa Urata and National Irrigation

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  • January 10, 2013 PARLIAMENTARY DEBATES 12
  • Board. So, corruption remains an issue in the way we govern. Recommendations are there in those specific cases. Secondly, in the recommendations, we are thanking the Ministry of Forestry and Wildlife for the work they have done in Ontulili and Imenti forests, but we have issues in the way the KWS has managed the five dams where 60 per cent of our electricity comes from; namely, Masinga Dam, Kamburu, Gitaru, Kindaruma, and Kiambere. We are losing people to crocodiles. Indeed, a child was killed on Sunday. I hope to visit the family in the next two days or so. Mr. Speaker, Sir, two days ago, a man was killed by a hippo, his legs were broken and he bled to death. We have raised this matter with the Chairman and Director of the Kenya Wildlife Service (KWS). The approach to the problem of reptiles especially in Kiambere Dam is very capitalistic. KenGen and KWS do not care about people. They get 60 per cent of electricity from these five dams. Indeed, we share with the Vice-President one of the dams; Kiambere, but there is no corporate or social responsibility whatsoever. When we get in touch with KenGen, their arrogance is just incredible. Money is promised but it is never given. We hope that in these recommendations, the Wildlife Act will be expedited so that the issue of hippos and crocodiles in these dams will be dealt with once and for all. Finally, we wish to indicate that we are making recommendations in respect of Mwea Trustland and Kirinyaga and Mbeere South Constituency. These recommendations cover the wider subject of a law that we had hoped would have been passed as a Committee; that is, the Community Land Act. Many people stand to benefit when this law is enacted. I want to take this opportunity to make these recommendations very strongly. I also wish to take this opportunity to thank Members of my Committee for the work they have done over the last two-and-half years or so. I thank my Committee Clerk, especially Mr. Tiampati, who is here with us in a different capacity. I thank you because your support has been exemplary and I take this opportunity to wish you well in your future. As we come back, many of us hope that you will be our next Speaker in the Eleventh Parliament. I hope you share our ambition in that respect. With those few remarks, I beg to move and request Mr. Ruteere to second this Motion.
  • Mr. Speaker

    I thank the hon. Member for his very kind words. Mr. Ruteere, where are you?

  • Silas Muriuki Ruteere

    Mr. Speaker, Sir, I stand to second the Report of the Departmental Committee on Lands and Natural Resources as has been presented by my Chairman, Mr. Musyimi. The Committee undertook various visits to all these areas which had disputes especially the land disputes. These include the forest areas in Ontulili, lower Imenti forests and Kimangili slaughterhouse. There has been rampant grabbing of land and title irregularly issued. The registrars of lands in these areas are generating other green cards other than the original ones. So, the Committee has recommended to this House that the illegal title deeds that have been issued should be revoked. Once they are revoked, the land reverts back to the original owners. Therefore, Mwea Irrigation Scheme will go back to the National Irrigation Board (NIB) and Kimangili Slaughterhouse will revert back to the Meru Municipal Council. Any developments that are being undertaken will be null

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  • January 10, 2013 PARLIAMENTARY DEBATES 13
  • and void and those who are occupying land irregularly will be evicted so that proper use of that land can be effected. Mr. Speaker, Sir, the crocodile menace should also be addressed by KWS so that we do not lose young children and elderly women. As this Report was being prepared, many more were still suffering that fate. With those few remarks, I second.
  • (Question proposed)
  • John Michael Njenga Mututho

    Mr. Speaker, Sir, I want to congratulate this Committee for doing a very good job. They deal with a very tedious and cumbersome area. These are matters to do with land. You heard the Chairman talk about people being eaten by crocodiles, sometimes you wonder where the people who run KWS went to school. Simple logic would determine that if you put a mass of water in a place, you are introducing a new ecosystem. Therefore, this ecosystem must have food. Since this is an artificial dam, it is a natural ecosystem. The fact that these people over the years have decided that the ecosystem and the food chain includes human beings and their livestock, it is a scandal that we will live with but it should go on record that this Tenth Parliament has put it straight into their face that if they want to maintain crocodiles and other animals in those dams, then they must look at the food chain in that particular area and that food chain cannot have human beings as food for crocodiles. Mr. Speaker, Sir, I want to thank all my Members of the Committee on Agriculture, Livestock and Co-operatives for having conducted about 270 meetings, published about 18 reports and still going and looking forward to joining you again as our Speaker in the Eleventh Parliament.

  • Joseph Konzolo Munyao (The Assistant Minister for East African Community)

    Mr. Speaker, Sir, let me also congratulate the Committee for the research and the Report they have come up with. I would like to thank the forestry department for taking care of Ontulili Forest in Meru County. It is a water catchment area that requires a lot of protection because it provides water to many people. It is good work that the Ministry is doing in planting indigenous trees so that the forest can regenerate and continue providing people with water. I would also like to congratulate the recommendations by the Committee for the recovery of land given illegally in Timangiri area. That land belonged to the Municipal Council of Meru. That land needs to be recovered and those who acquired it illegally to be removed so that these public utilities can be utilized by the Meru County. Meru Town is the headquarters of Meru County and the new county government would require a lot of land to put up new facilities. This piece of land which is in the municipality would be useful in putting up facilities that would provide services to the people of Meru County. So, the earlier this is done, the better for the county. With those few remarks, I support the Report.

  • Washington Jakoyo Midiwo

    Mr. Speaker, Sir, in the interest of time, I support.

  • Peter Njuguna Gitau

    Mr. Speaker, Sir, I take this opportunity to thank the Chairman of this Committee for a commendable job executed. On Mwea Trustland, tension has been rising because the community is not happy with the management of the trustland. One

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  • January 10, 2013 PARLIAMENTARY DEBATES 14
  • issue that has come out clearly is the issuance of illegal title deeds. It is prudent that deterrent action is taken against Government officers who are issuing these title deeds. The registrars who were involved in this impunity must be investigated and action taken. Otherwise, because of time limitation, I fully support the recommendations of this Committee.
  • Yusuf Kifuma Chanzu

    Mr. Speaker, Sir, I want to take this opportunity to congratulate the Committee and to support their recommendations. This Parliament has done a lot in terms of such reports where hon. Members have gone out, in their respective committees, to come up with reports. We have similar situations like the one for the Masinde Muliro University versus the Kakamega Forest. We have a problem of land ownership at the Maragoli Forest. There is even another Report that we did on Syokimau. I think the Government will still be in place and these are the kind of things it should follow up and make sure that they are implemented. I also want to join my colleagues in saying that you have steered this House very diligently and well. There is a time – I will refer to what the Leader of Government Business said - when we were unable to decide who was to lead this House. You took it upon yourself to do it as a patriotic Kenyan. I am happy that you did it until the two principals were able to see sense, leave their own political interests and appoint the Leader of Government Business who has also done a wonderful job in steering the business of this House. I know that you will not be contesting although we were expecting you to come and contest in our county, Vihiga, for one of the seats. However, I am sure you left that because you want to continue with this good job. The only thing we can do is to wish you well so that God keeps you the way you are and may be you will improve and make this House better now that we will have a larger House. You can be our Speaker, because I also want to come back to this Chamber. Thank you, Mr. Speaker, Sir.

  • Mr. Speaker

    Thank you, the Member for Vihiga. That, of course, is very kind particularly coming from a neighbour.

  • Sophia Abdi Noor

    Thank you, Mr. Speaker, Sir, for giving me this chance to support the Report of the Departmental Committee on Lands and Natural Resources. I stood up to support this because when the Chairman was moving the Report, he talked about crocodiles killing people. This is sad and I know that I have been affected in a big way. There are places like Gababa in Ijara where women and children have been affected very badly. Over 15 people have been killed by crocodiles and yet the Ministry of Forestry and Wildlife has not taken any responsibility to look into that. It is important that the Ministry of Forestry and Wildlife, in future, looks critically into this and sees what can be. The other point I wanted to talk about is on climate change and the global warming that is going on. A lot of destruction is going on. I would like, once this Report is adopted, the Ministry of Forestry and Wildlife to look critically into empowering forest guards so that they can protect our forests. The other important aspect is land grabbing particularly on our forests and catchment areas. It is important that we become watchdogs for people who want to grab our land, particularly reserved land.

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  • January 10, 2013 PARLIAMENTARY DEBATES 15
  • Finally, I want to take this chance to congratulate my Members; the Members of the Committee on Labour and Social Welfare. They have done a very good job in trying to look into the laws that affect women, seniors and we have done a lot of cash transfers. We have done a lot of good work. I want to tell the Member of Parliament for Tetu that we have done our work. It is the Ministry of State for Provincial Administration and Internal Security that is supposed to compensate the Tetu people. That was our recommendation because the Nyayo Tea Zones then fell under the Ministry of State for Provincial Administration and Internal Security. With those few remarks, I support the Report.
  • Nuh Nassir Abdi

    Mr. Speaker, Sir, I also want to support the Report by the hon. Chairman of the Committee on Lands and Natural Resources. I want to add my voice by saying that apart from conservation of forests and water catchment areas, the Government should know that the responsibility of safeguarding catchment areas and forests comes with the responsibility of ensuring that those people who are near parks and national reserves are also well taken care of. The conservation of the environment and natural resources is for the benefit of people. If we seem to be safeguarding the environment at the expense of the people who live near the forests, then the whole essence of conservation is lost. We will not know for whom we will be conserving the environment. The people who are near the parks and national reserves, many a times, bear the brunt of such conservation efforts and are not duly compensated when things go weary. Secondly, I wish that the Committee would conclude all the Reports it had tabled, one among them being the Petition by People from Lamu on land issues. I know that there were very good recommendations in that Report but I also wish the Chairman of the Departmental Committee on Lands and Natural Resources well so that he can come back and serve as the Chairman of the same Committee and concludes many other Reports that are pending; among them the one regarding lands issues in Lamu which was tabled in December. Mr. Speaker, Sir, I also wish you well in your endeavours and hope that you will serve us again in the same capacity, if not better. I thank my people of Bura for having served them for five years. The experience has been an excellent one. I also wish all my colleagues and my mentors well and thank them. I also thank many others whom in their footsteps, I have been able to do a lot in this House. I wish all of them well hoping that they will fulfill their expectations. Thank you.

  • Emilio Mureithi Kathuri

    Thank you, Mr. Speaker, Sir. Let me also take this opportunity to thank the Chairman of the Departmental Committee on Lands and Natural Resources for bringing this Report. In so doing, it is also good for me to mention that while conservation is good, they should also embark on ensuring that compensation is taken care of properly. I recall the fate of the neighbours of Mt. Kenya Forest; the ones who live on the Manyatta side. Many of them have lost their lives due to elephants’ menace. We also need to see the Government take care of such families adequately. We have also witnessed cases of crocodiles eating people within River Tana, Kiambere area. This cannot be taken for granted because the Government should provide watering points, at least, for domestic use for the families.

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  • January 10, 2013 PARLIAMENTARY DEBATES 16
  • I know that we are doing the fencing of the Mt. Kenya Forest. It is also good for them to embark on that exercise and complete it so that they do not leave some areas exposed. I believe that those are some of the situations that will ensure that there is no conflict between animals and human beings. With those few words, I support.
  • Mutava Musyimi

    Mr. Speaker, Sir, I beg to reply. First of all, I wish to thank hon. Members for their input. It is very much appreciated. I also wish to take this opportunity to thank the people of Gachoka for electing me. I also thank this Parliament. I went into politics because I felt that there was a lot that I needed to know about this country. This Parliament has not disappointed me. I owe them a great debt of gratitude. Hon. Members have taught me a lot. For that, I am very grateful. I look forward to seeing us enact the Community Land Act. As I said, it will affect many people. As I close, more than ever before, I am appreciative of the impact of the new Constitution that we passed. As we have dealt with the enabling legislation and tried to implement it; as one of those who struggled for the new Constitution in the reform phase, one is grateful sitting here today. We have come a long way as a country. Your role and the role of the President, the Prime Minister and our Vice-President and Minister for Home Affairs have been enormous. That also applies to our Whips. One is just very grateful. I beg to reply.

  • (Question put and agreed to)
  • Mr. Speaker

    Hon. Members, I must congratulate you for keeping time. Next Order!

  • MOTION FOR ADJOURNMENT

  • ADJOURNMENT OF THE HOUSE SINE DIE

  • Gideon Ndambuki (The Vice-President and Minister for Home Affairs)

    Mr. Speaker, Sir, I beg to move:- THAT, this House do adjourn sine die . Mr. Speaker, Sir, it has been one enormous experience and I want to prefix my remarks by jointing my colleagues in congratulating you for a job very well done. Let me yet again place on record my deepest appreciation for your excellent leadership of the deliberations of this august House and at a personal level, thank hon. colleagues and hon. Members of the Tenth Parliament for having done so incredibly well that as we take our final bow today, I think we will do so with pride and with a sense of belonging. Therefore, I want to thank you for the co-operation. I have been privileged to serve as the Leader of Government Business in this House while at the same time serving as a Vice- president. Mr. Speaker, Sir, I also want to appreciate the singular honour that as the Deputy President who takes over from us will never have the privilege of serving as Leader of

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  • January 10, 2013 PARLIAMENTARY DEBATES 17
  • Government Business and how one hopes that I will continue in that other responsibility. However, I will not be coming here but I will keep a very close eye on what goes on. It has been a tremendous experience. At a personal level, I thank the people of my own constituency, Mwingi North, because this is my 28th year consecutively serving them as their Member of Parliament and so one really does not find words enough to describe that sense of honour bestowed on him by a constituency. Only God knows how deeply appreciative I am. Mr. Speaker, Sir, we will recall that as we ushered in this Tenth Parliament, there was serious tragedy affecting our country. The country was literally bleeding. The country was literally on fire and I recall the swearing in ceremony itself was no less acrimonious but you handled it. In fact, it was that moment in time that you actually took charge of the affairs of this nation and by extension in a very significant manner, the destiny of our country. Therefore, we cannot be tired of congratulating you and wishing you well as, indeed, we know that we are not seeing the last of Speaker Kenneth Marende. Therefore, as we move out there, we know where our hearts are. Emerging from those very difficult days, five years later, new hon. Members of this House have helped our country to make great progress. Our nation struggled for half a century to be able to find its footing and for 20 years groped literally in the dark in search of a new Constitution to be able to replace the Lancaster House law. I want to thank the hon. Mutava Musyimi. In fact, he was part of that initial struggle and he did well along with many others who really wanted to give our country a new Constitution. Hon. Imanyara also stands out in this regard. Mr. Speaker, Sir, finally, on the 27th of August 2010, we promulgated our new Constitution. This was a historic achievement that this Tenth Parliament can be truly proud of. For the passage of the current Constitution, you deserve unreserved commendation and with it, we launched literally the rebirth of the Kenyan nation. I said the other day that I am sure that the incoming leadership will be able to remember every hon. Member of this Tenth Parliament and if there will be some who have not been given national honours and recognition, I am sure they all deserve it. It has not always been easy or indeed flawless. Neither did we always show up when we needed to but overall, this Tenth Parliament in its lifetime has passed a record number of Bills and in a new record time sometimes. Last night was a classic example. We looked at the Order Paper. The committees and all must congratulate you. As we congratulate you, we must congratulate the Deputy Speaker and the chairpersons of the Speaker’s Panel who have actually ably assisted you because they went through, like yesterday the Committee Stage was heavy and we were able to do justice up and until early this morning when, in fact, a lot of hon. Members should be excused for not being here because they thought the House literally adjourned. Many a times, the hon. Members of this House have worked until midnight to ensure that crucial Bills are passed. This spirit has hugely contributed to the rebranding that Kenya has actually been undergoing and continues to undergo. Our progress as a nation has been just that – progress. However, we must remain sober and aware that we must go much further than where we have come from. There is much more work to be done. Let us honour what we have gotten right even as we continue the great work of perfecting the leadership and governance of this nation.
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  • January 10, 2013 PARLIAMENTARY DEBATES 18
  • Mr. Speaker, Sir, as already noted, the promulgation of our new Constitution was the culmination of a 20 year marathon in search of a new set of laws that would make Kenya a better place with greater equity and broader sense of justice and inclusion. It is this great work that we must continue even as we depart from this place today. We must continue the process of perfecting our country, laws and national agreements. In retrospect, clearly as I said before, this Tenth Parliament has had a date with destiny. August 27th 2010 marked the beginning of a journey which calls for progress of which we are inevitably part of and indeed parcel of. Mr. Speaker, Sir, I urge each one of us as we have began a new year and as we head to a general election which shall usher in the next Government and Parliament, let us renew our commitment to finish the work that we started with the passage of the Constitution. Let us also unite in the work of making the dream shared by Kenyans for what our country could be and should actually be a reality. It is this Parliament that gave birth to the Independent Electoral and Boundaries Commission (IEBC). Let us continue to support them in their work so that we can restore faith in our electoral capability and signal the end of rogue electioneering, and disagreeable behaviour in politicking. Mr. Speaker, Sir, we must continue advancing the cause of democratic governance and social justice. As Kenyans, God has truly given us another chance. As leaders, as a nation, as a people, let us all vow, commit and do anything and everything we can to make sure that the March 2013 elections are peaceful. Together, let us work to mark a new political era in our country. Mr. Speaker, Sir, it is noteworthy that it is during the Tenth Parliament that the case of national healing, integration and cohesion was launched. The sensibility of a united Kenya with a people who can co-exist harmoniously now is truly unquestionable. Kenyans have a reason to re-imagine a country that is less polarized ethnically, and a country where civil liberties can be enjoyed. We have started a process but once again we have so much further to go. A lot more than merely leaving ink on paper is required from the Members of this Parliament. Our responsibility as Members of the Tenth Parliament will not end, I am sure, with this adjournment. We are the midwives of the rebirth of Kenya. Even as we prepare to go back to our respective constituencies and many of us contest for respective seats, we must not forget that we remain crucial custodians, watchmen and, indeed, women of the reforms which have began and have been paid for a so dear price, and so great a sacrifice. Mr. Speaker, Sir, in conclusion, I urge all of us to expose the Kenya kwanza spirit; personally, I say that we should place our country ahead of everything else. This calls for mental attitude and thought process that puts a nation before all else, as I have just said. If you and I find it in our hearts to project this attitude to fellow Kenyans, then we shall have established an important link between us, the leaders, and our people. It will ultimately lead us to become the one Kenya, the one people, the one nation, so many generations of Kenyans have long desired. I congratulate you for rising to the occasion to progress our nation during the Tenth edition of Parliament. I wish each of you God’s own blessings as we bid farewell to each other and to the Tenth Parliament. As we adjourn, my prayer is that each one of us is imbued with the spirit of a new Kenya with a new soul. Wherever we go, may we live for plenty and may peace and justice be found within our borders?
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  • January 10, 2013 PARLIAMENTARY DEBATES 19
  • Asanteni, dear colleagues. God Bless you. I wish you victory and it will be victory for all of us; even those who may not manage to come back to this House, I am sure history will judge them well. It is in that we have, as the media would want to project it, been legislating for our funerals; definitely not. We are better than that. We want to be able to build a better country and to strengthen the institutions that together make up this great nation. I say again, God bless you I beg to move.
  • Mr. Speaker

    Hon. Obure, you are seconding, and you have seconded, have you? Press “intervene”.

  • Chris Obure (Minister for Public Works)

    Thank you, Mr. Speaker, Sir, for giving me the opportunity to second this Motion for adjournment. Mr. Speaker, Sir, this is a very emotive day, being the last day of sitting of the Tenth Parliament. First of all, I want to acknowledge the role you have played personally in leading the proceedings of this House, and the role played by the Leader of Government Business in steering the affairs of Government in this Chamber. Mr. Speaker, Sir, this Parliament has played its part and has performed its oversight role very effectively. This House is characterised by very energetic hon. Members, very hardworking hon. Members, very committed hon. Members, has done extremely well for this country. I want in particular to appreciate the role played by our lady hon. Members of Parliament. They have been outstanding. They have made significant contributions, and they have helped a great deal in adding value to our overall activities as a Parliament. Mr. Speaker, Sir, this House will be remembered for passing the largest number of laws and Motions; this House will be remembered for being central in passing the new Constitution, a new Constitution which has brought far reaching reforms in this country. It is a Constitution, which has brought in new governance structures; it is a Constitution which has enhanced democratic space for the citizens of this country; it is a Constitution which has put in place an enhanced Bill of rights for citizens, and which has put in place a devolved system of Government. There is a lot of hope among citizens of this country that the new devolved system of Government will bring more prosperity, will enable participation of citizens across the board, will, in fact, trigger many economic activities in the various counties, so that overall, the economy will perform better. Mr. Speaker, Sir, this Parliament has brought into place new election laws to ensure there is smooth transition and smooth succession in leadership. The huge task, which all face, is to ensure that the new Constitution is implemented. That is the biggest challenge we all face. I urge hon. Members in this House to play their full role in ensuring leadership to guarantee full implementation of this Constitution. Mr. Speaker, Sir, I also wish to say that we need peace, particularly at this time, when we are proceeding to elections. All of us have a part to play. Let us conduct ourselves responsibly; let us emphasize the need for peaceful, co-existence among our citizens, so that this country can regain its place not only in the region but also the in the world at large. Mr. Speaker, Sir, may I take this opportunity also to wish hon. Members of Parliament a good luck and victory in the forthcoming elections in the positions they seek. I wish you also every good luck. You have done well. You will be remembered and

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  • January 10, 2013 PARLIAMENTARY DEBATES 20
  • definitely you have a place in the history of this country for the landmark rulings you have made from time to time. I thank you once again. I second.
  • (Question proposed)
  • Gitobu Imanyara

    Mr. Speaker, Sir, as we come to the end of this Tenth Parliament, we have much to celebrate for. We can look back to the realization of the new Constitution and the challenge of implementation that lies ahead, and praise ourselves for the struggle to realize this Constitution. In getting this Constitution, every Member of this House has played a valuable role. At a personal level, I feel this was one of the greatest achievements for us as Kenyans since Independence. Mr. Speaker, Sir, as we look forward to Eleventh Parliament and the realization of the full benefits of this new Constitution, we have every reason to thank you for the able manner in which you have led this House. We have reason to thank the President for the manner in which he has led this country. Mr. Speaker, Sir, this was the President at one time when we began this struggle in the second liberation, we called him “General Kiguoya”; but he led us to war and a successful war for the first time in our history. So, we have every reason to be proud of country and our armed forces for the successes they have had in the neighbouring region and for chairing the peace in the region even as we continue with the challenge of stabilizing our neighbourhood in Somalia and South Sudan. We also have a reason to celebrate that the Grand Coalition Government (GCG) has actually lasted five years. When we elected you the Speaker of this House and witnessed the signing of the National Accord, after which the GCG took office, many of us did not believe that the GCG would last but it has lasted, and it has some achievements that can be said about it. Chief among them is the infrastructure development that we have seen in this country. We can be proud about the superhighways and the other benefits that we are seeing. However, all this came at a high cost. In the human rights field, we have witnessed the largest scale of extra-judicial killings in this country. We have had many young Kenyans who lost their lives in the hands of rogue police officers but we are yet to bring to book those responsible. We can, however, be proud that we have achieved a big measure of the reforms within the police force with the appointment of the Inspector- General of Police and the promise of the police reforms that are now gradually taking place. Had this not happened, the things that we are seeing, like in the Rift Valley Province, where rogue police officers can serve for many years in full view of their colleagues without being exposed would never have happened. One hopes that when the full investigation is carried out, what happened in Baragoi will be exposed, so that never again will our police officers get involved in the practice of selling cattle in the criminal enterprises like that we saw in Baragoi. One hopes that the investigations will reveal the true nature and content of what happened in Baragoi and we will get to know who the 45 police officers who were supposed to have died were. We keep hearing that it was not police officers who died but

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  • January 10, 2013 PARLIAMENTARY DEBATES 21
  • they were people who were dressed in police uniforms. These are things we must know even as we celebrate the accolades that our athletes have brought to us, as a country. People like David Rudisha, who break their own world record are the men and women who have given Kenya a reason to be proud. Again, we must pay tribute to the reforms within the Judiciary and particularly the Chief Justice, who has single-handedly led the reforms within the Judiciary, which has now made the Judiciary an Arm of Government we can be proud of – an Arm of Government which is no longer a tool of the Executive but an institution to which we can look for and get justice. A great deal remains to be done. This country remains forever grateful to the Mau Mau freedom fighters. It is a shame that they had to go to the United Kingdom in order to get even the right of compensation for our freedom fighters. One hopes that with the passage of a new law on honours, one of the first things that the Eleventh Parliament will do is to recognise the role played by the Mau Mau freedom fighters and other veterans of the first and second liberation of this country, so that those who truly made Kenya what it is can be recognised for what they have done. We must also not forget that we have a lot to do in fighting corruption. The cause of Goldenberg---
  • Mr. Speaker

    Order, Member for Imenti Central! Your time is actually up. Hon. Members, as you will see from the Order Paper, each Member contributing has a maximum of five minutes. We will take the Member for Tetu.

  • Francis Thombe Nyammo

    Mr. Speaker, Sir, I rise to support this Motion. I will begin by adding my voice to those who have already said to you “congratulation for a job well done”. All of us can recall the amount of tension that prevailed on the first day this House was sworn-in. We had our fears but when you rose, you gave guidance. You gave indications of leadership and integrity. You rose above partisan politics. You have since led this House to greater heights. You brought sobriety. You have guided us. We have all learnt from you. All that one can do is wish you well. If you still have the energy and wish to serve the next Parliament, where I would like to be, we wish you well. The second point is for me to thank the people of Tetu, who gave me an opportunity to serve them for the last five years. I have enjoyed thoroughly serving them. I have done what we have done with them not singly but together united by a purpose of empowering and transforming Tetu. I have done well but a lot still remains to be done and hence my request for another five years to continue serving them. I would like to thank the Chairmen of the two Departmental Committees in which I served. I served in the Departmental Committee on Education, Research and Technology under hon. David Koech; and on the Constituencies Development Fund (CDF) under the chairmanship of my good friend, hon. Ekwee Ethuro. I learnt a lot. In the two Committees, I saw dedication of serving Kenyans wherever they are; and dedication of fighting injustice, in particular when we dealt with the rural development of Kenya through the CDF. It is my pride to acknowledge the fact that every corner of Kenya, where previously there were no schools or dispensaries or health centres now has these

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  • January 10, 2013 PARLIAMENTARY DEBATES 22
  • facilities. This has been brought about by people requesting the kind of service they would want. I want to move on to thank His Excellency the President. Despite having been given the accolade of “General Kiguoya ”, he rose and led this country with great example. He remained a tower of strength. He led this country to great success against many odds.
  • (Mr. Keynan crossed the Floor without bowing to the Chair]
  • Mr. Speaker

    Order! Order, hon. Keynan! You will have to retrace your steps, I am afraid.

  • (Mr. Keynan bowed to the Chair and crossed the Floor)
  • Mr. Speaker

    Carry on, Member for Tetu.

  • Francis Thombe Nyammo

    Mr. Speaker, Sir, His Excellency the President has remained a great example to those who will come after him in terms of what to do with a country which is desirous of developing. A country cannot afford quarrels or fights. A country must remain focused to give her children a future they can be proud of. I will conclude by saying that I wish to thank my colleagues and friends who have been great teachers. I have learnt from them and I will put into good use whatever I have learnt from them. I wish them all great success. Those who will come back, especially those who are in competing camps; please, play fair. Let us play fair and remember that Kenya is our country. We are all going to remain here. The elections will be completed in one day. Thereafter, let us remain friends and Kenyans. With those few remarks, I beg to support.

  • Mr. Speaker

    Yes, hon. Musa Sirma.

  • Musa Sirma (The Minister for East African Community)

    Mr. Speaker, Sir, I thank you for giving me the opportunity to contribute to the Motion for Adjournment. I want to thank you personally for steering the Tenth Parliament to greater heights. This Parliament has lived to the expectations of Kenyans. It has served the people of Kenya well. The rulings you have given from that Chair are landmark ruling which other Speakers will be using as history in this country. As I end my 15th year term in this House, I want to thank the people of Eldama Ravine for electing me for ten years, and my party for giving me the opportunity to serve the current five years. As we go to elections, I would urge all the hon. Members in this House that we go for peaceful elections. Let us not polarise this country. This country is more than this election. We need this country. We need our generations who will come to see what we did as people of Kenya and leaders of Kenya at this time. Mr. Speaker, Sir, I am lucky to have been in the process of Constitution-making from the time there was agitation for constitution-making in this country from 1997. I was also involved in the Bomas conference which produced the first draft of the Constitution, but which was rejected, and finally in 2010 when we got a new Constitution.

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  • January 10, 2013 PARLIAMENTARY DEBATES 23
  • Mr. Speaker Sir, this Constitution needs people who will take this country forward. We might have leadership, as we go to the next election, who do not believe in this Constitution. We may end up mutilating this Constitution to the detriment of this country. We should be careful with such leaders. I will urge Kenyans to really look at the Constitution as the platform of campaign in this election. They should elect those who will deliver to Kenyans and not those who would like to take us back to the dark days of leadership. I will not forget to thank the women Members of Parliament who have done very well in this House for the time I have been in this Parliament. They have done well and we should say that this will motivate those others who are interested in becoming Members of this Parliament; at least they will see that women can also do well. With those few remarks I wish you well; if we come back to Parliament after the next elections, we wish that you will run for the seat of Speaker of this House. I can assure you that if I will be here, you will have my vote. Thank you.
  • Jamleck Irungu Kamau (The Minister for Nairobi Metropolitan Development)

    Mr. Speaker, Sir, I rise to support this Motion for Adjournment. I recollect five years ago when the Tenth Parliament was ushered in; it was ushered in, in a very acrimonious manner. The acrimony started from the word go when we were electing you as the Speaker of this House. But I am happy today because we are ending the Tenth Parliament in a very peaceful manner. Mr. Speaker, Sir, there are so many things that have happened over the last five years. I would like to first of all, start by thanking the President of this country, the Prime Minister, the Vice-President and also the two Deputy Prime Ministers. The Government has tried its level best to bring the various legislative agenda in this House. This House can boast of having set the record in history as the House that passed the highest number of Bills since Independence. Mr. Speaker, Sir, perhaps, managing this Tenth Parliament has been the most difficult task over the last few years. I want to thank you because you have handled the business of this House very articulately. I personally happened - I am happy for that - to have served in the Parliamentary Service Commission which you chair. I want to state categorically without any fear or favour that you were able to lead us very well in the Commission just the way you have led this august House. There are quite a number of achievements that were seen during your tenure in the Tenth Parliament. Among them is this Chamber that we are in right now. I do recollect that there had been efforts to make sure that this Chamber was refurbished. It started a long time ago but it was achieved during your tenure as the Speaker and chair of the PSC. Mr. Speaker, Sir, for the first time in history, this House was able to broadcast live coverage. Again that was your effort. We must call a spade a spade and say, indeed, you have done us proud in this House. Mr. Speaker, Sir, we are now working on the Senate Chamber. In other words, it is clear that you have managed this transition very well; by the time we get the new Senate facilities will be ready to enable it actually serve the country. There are quite a number of things that we can keep on talking about; all in all, it has been a success in this particular House.

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  • January 10, 2013 PARLIAMENTARY DEBATES 24
  • I want to also thank my colleagues with whom I served in the Commission. We all worked together towards getting where we are today. Finally, I know we are heading for the elections. This is another testing time; we, as parliamentarians and leaders, must make sure that we preach peace wherever we go, so that we have peaceful elections. It is only two months then we vote in elections. We would not want to go back to where we were in 2008; I urge all Members of Parliament, leaders and all those who are looking for various seats to do all they can and make sure that they preach peace, so that we have very peaceful elections. Mr. Speaker, Sir, I would like to wish all these hon. Members here and, indeed, even aspirants who are out there trying to unseat us all the best, so that at the end of the day the best man or woman will win. On the issue of Constitution implementation, I think it is important for Kenyans to note that there is no leader in this country who cannot implement the Constitution. It is, of course, not a preserve of a few people. I want to state here clearly and categorically that any leader who gets to State House next year, any administration with the assistance of the relevant constitutional commissions that have been put in place will be able to implement the Constitution without any problem. Therefore, I would like to urge my colleagues not to worry about whoever will get to power. At the end of the day, whoever gets it will be a Kenyan and we should be able to support that person. It is high time we understood that in an election it is a question of winning and losing. You cannot have one person and another one win at the same time. So, we must be able to prepare our supporters that in one way or another, one person will actually win and the others will lose. Therefore, we should be prepared to accept the outcome, whichever way it comes.
  • Millie Grace Akoth Odhiambo Mabona

    Thank you, Mr. Speaker, Sir. First of all, I just want to congratulate you, the Members of Parliament and staff of Parliament because I think that we have done a commendable job in the last five years. Mr. Speaker, Sir, I never wanted to come to Parliament. I was actually sleeping one day when I was called and told that I had been nominated. I said that I was not interested, first, because it was not in my agenda - I was going to do my PhD – and, secondly, because of the acrimony that was in the country at that time. But that is water under the bridge. God purposed that I would be here and I am happy that I was here.

  • (Mr. Ethuro consulted loudly)
  • Millie Grace Akoth Odhiambo Mabona

    Mr. Speaker, Sir, hon. Ethuro---

  • Mr. Speaker

    Carry on, hon. Odhiambo; you are protected. Member for Turkana Central, please, give room to your colleague.

  • Millie Grace Akoth Odhiambo Mabona

    Mr. Speaker, Sir, they are feeling jealous that it was very difficult for them to come here, but I found it very easy. It was not easy but God’s grace. Mr. Speaker, Sir, as other hon. Members have said, we came at a very acrimonious time, but I want to thank them that with time we actually learnt to put aside the acrimony and worked together for the good of this country. We have put aside partisan and selfish interests a lot of times, although it came with a lot of challenges.

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  • January 10, 2013 PARLIAMENTARY DEBATES 25
  • Mr. Speaker, Sir, I just want to speak to some of the challenges, milestones and successes. I want to consider the Constitutional process as one of the challenges that we faced. Many people do not know what we went through, I guess because as leaders they presume that we are very strong. I have said it here before, but I want to repeat that when we finished with Naivasha, because the entire country was looking at us and hoping that we got through, it was a very stressful moment. Many of us were actually admitted. Immediately we left, I remember hon. James Orengo was actually airlifted from Naivasha. I think that many people did not even know that. Even though the public only sees the negative, but a lot of the hon. Members sacrificed to ensure that we got a new Constitution. Therefore, one of the major things that we did was the Constitution and the enabling pieces of legislation that went with it. Mr. Speaker, Sir, at a personal level, once I was nominated, I committed myself, because I am a hardworking person with targets. I set up a strategic plan as a Nominated Member of Parliament and have fulfilled it. Many times people have not understood why I speak to virtually almost every legislation. That is because I decided that I was going to mainstream what we call crosscutting issues, whether it is in roads, water or injustice. Mr. Speaker, Sir, some of the laws that we went through included the appointment of the Attorney General and Chief Justice. Even though it was a law that almost brought down our Committee on Justice and Legal Affairs, I thank the hon. Members that we managed to go through it. Indeed through it we were able to get a good Chief Justice. Mr. Speaker, Sir, through this process I have met very many good Kenyan citizens and hardworking Members of Parliament. Indeed, it has been an eye-opener for me even in terms of the way Parliament works. In the past, I was always demonstrating against Members of Parliament. Perhaps, if I go outside again I might, but not as much as I did before, because I know what it entails to be a Member of Parliament. You are a social security system and take care of virtually anything and everyone in this country. I guess it is one of the things that members of the public do not know. Mr. Speaker, Sir, I want to encourage the hon. Members that even as we go out there, let us preach peace, put ethnicity aside and remember that at the end of the day, we are all Kenyans and one. I wish all hon. Members well and success in all that they do. I can say, God bless you!
  • Mohammed Abdi Affey

    Thank you, Mr. Speaker, Sir, for giving me this opportunity to contribute to this important Motion. Mr. Speaker, Sir, I want to thank you, particularly for your leadership. Perhaps, when history is written, it will be confirmed that there could be no other Speaker like you. But hopefully, in the next Parliament, our prayers are that the Membership that will be in, will maintain your leadership. Mr. Speaker, Sir, I was in Eighth Parliament and this particular Parliamentary term I got an opportunity through my party, the Wiper Democratic Movement and the party leader. I want to thank my party for giving me this opportunity to contribute to this country. I know that the party leader is the current Vice-President and come March, 2013, he will be the first Deputy President under the new Constitution. I wish him well together with his Presidential candidate, the Rt. hon. Raila Odinga. Mr. Speaker, Sir, I want to thank Members of the Committee on Equal Opportunity that I was honoured to chair. We did a lot and that gave me an opportunity to

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  • January 10, 2013 PARLIAMENTARY DEBATES 26
  • understand truly the kind of country that we have. In this country opportunities are not equal. There are those who have access to opportunities in this country more than the rest. We realized that opportunities go to those who were in Government. I want to plead with the next Government, which I am sure will be produced by the party that I belong to, that they serve this country well and all Kenyans equally. This is because a lot of the opportunities that we know now are not given in the manner in which the Constitution demands.
  • [Mr. Speaker left the Chair] [The Temporary Deputy Speaker (Mr. Imanyara) took the Chair]
  • Mr. Temporary Deputy Speaker, Sir, during my stay here, I was able to provide this House with a number of Motions, one of which was approved. We passed in this House a Motion which would allow the rotational sitting of Parliament. Many Kenyans do not have access to Parliament. They cannot come from Wajir, Garissa or Mandera to access Parliament. But I had suggested, and the Motion was passed, that Parliament can move from Nairobi to the people, so that Kenyans then can appreciate the sitting of Parliament. I suggest that arrangements be made so that Parliament sits in every part of this country, so that Parliamentarians can appreciate the suffering that Kenyans go through. It is not enough to sit in Nairobi and assume that all of us know what is happening in every part of this country. Mr. Temporary Deputy Speaker, Sir, there is a certain Bill that I brought before Parliament. Parliament approved but the President rejected it. I am so passionate about this because the Indemnity Act up to now, even as a law, is unconstitutional. But it is still within our Statutes. The Truth, Justice and Reconciliation Commission (TJRC) which was part of Agenda Four was meant to address certain violations against Kenyans, one of which was the Indemnity Act. Up to now, we do not have a report from the TJRC. Given the nine months that we have given the TJRC I hope that they will be true to their word that, at least, this country will know about these violations and necessary reparations will be done. Mr. Temporary Deputy Speaker, Sir, I want to thank you for being at the forefront in fighting for the rights of the marginalized. I have now published a Bill by the name “Compensation for Gross Human Rights Violations”, which requires that a commission be set up. Kenyans are not being compensated by the colonial Government in the United Kingdom (UK). There is no way violations can be committed by Government troops against innocent Kenyans and there is no reparation for it. A lot of the things that we are going through are due to bad governance of the Kenyan people by the Government of the day. I hope that the next Parliament will take up that Bill and establish that Commission.
  • Gitobu Imanyara (The Temporary Deputy Speaker)

    Your time is up!

  • Mohammed Abdi Affey

    Mr. Temporary Deputy Speaker, Sir, finally, as a result of our engagement against terror, there is a collective punishment going on right now in Eastleigh. Anybody who looks like me in Eastleigh lives in fear today. I want to urge the security forces to be careful in the management of security affairs in our country.

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  • January 10, 2013 PARLIAMENTARY DEBATES 27
  • Mr. Temporary Deputy Speaker, Sir, with those few remarks, I wish all Members of Parliament a happy new year and the best.
  • Anyang' Nyong'o (The Minister for Medical Services)

    Mr. Temporary Deputy Speaker, Sir, thank you for giving me the opportunity to contribute to the Motion for Adjournment of this Tenth Parliament which has done a wonderful job. I joined the Seventh Parliament in 1993 and I thought that it was wonderful. But the Tenth Parliament has been very productive. That having been said, our colleague, Mr. Marende, is also my neighbor. Kisumu Rural and Emuhaya are neighboring and, therefore, as hon. Members have been wishing him to come back as a Speaker, I will be very happy for that to be fulfilled in the next National Assembly because I want to maintain a Speaker as neighbour. Mr. Affey has requested that the National Assembly, when it comes to sitting, should move around the country, a practical matter that I would like to remind him: The National Assembly is going to have over 200 people but the Senate will only be about 69 or 67. So it is easier for the Senate to move around than the National Assembly. Let us begin with the Senate sitting in various counties with my friend Mr. Ethuro there. Then we can set a good example to the National Assembly by doing it much more efficiently. Having said that and having congratulated hon. Members for doing a great job, the recent revelation that we have rogues in the Police Force is something that comes so many years after we had made a point in this House - I think almost ten years ago - that there was a third force in the police force that was undermining the integrity of the police. Indeed, in Kisumu City, we have had several killings; one of the well known recently is the one of our dear friend, Shem Onyango Kwega. When the facts were being looked into, it was found that the people had very efficient guns and that the disappearance from the scene was clouded in mystery. The use of police uniform in performing atrocities in various cities in this country and in highway robberies now confirms that the new Inspector- General of Police, Mr. Kimaiyo, must move with speed and clean the Police Force of those rogue policemen who undermine not only the integrity of the Police Force and the security service in this country, but really defame this country and undermine the image of the Kenya nation where law and order is observed and where law enforcement agencies do their work professionally. I hope that the move that is being taken will clean the Police Force and will extend also to the Administration Police (AP) because some time ago, this Parliament made a point that we did not want the Reserve Police. That is because there was suspicion that they were operating in the shady edges of the security forces. I hope that this is done professionally and that the police and security services need effective intelligence gathering that can be done much better and not use people who can defame and undermine the security in this country. Indeed, rogue insurance agents and rogue real estate agents are already a bane in this country, something that Kenyans deride. Not very far in our recent past, somebody took some Europeans to Kisumu and flew over the Lake and told them that the hyacinth carpet of the Lake was very good real estate land. That poor mzungu ended up paying some down payment for that land only to come back a few months later and find that the hyacinth was gone and there was water. Such rogue people masquerading as real estate agents and insurance agents are the kind of individuals that this nation should shun.

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  • January 10, 2013 PARLIAMENTARY DEBATES 28
  • Finally, as we move into the elections as most people have said, you realize that the NARC Government started with a policy of democracy and empowerment for the people. We, in CORD, have said that our policy is democracy---
  • Gitobu Imanyara (The Temporary Deputy Speaker)

    Your time is up!

  • Ekwee David Ethuro

    Mr. Temporary Deputy Speaker, Sir, I also rise to contribute to the Motion for Adjournment. I rise with a sense of achievement of purpose and determination and I am a proud Member of the Tenth Parliament. I came to this Parliament particularly as a Back Bencher. Previously, I used to be poached to the half of the Executive, not the one of the Coalition but the one of an Assistant Minister. But in this Parliament, I have done a full term as a legislator and in that mandate, I have tried to observe the constitutional obligation of a Parliament under the old Constitution, Section 56, where the business of Parliament must come through Bills. As we speak about the number of Bills that have come through, I want us to remember that I have made my modest contribution to the Bills. Just this week we cleared the Constituencies Development Fund (CDF) Bill. Before, we had the IDP Bill and we also had the Offices of Ministers Bill where we wanted to reign in on the Executive that they do not have a bloated Executive at the expense of the Legislature. That is because it was extremely important that Parliament has the strength of the Back Bench in order to be truly representative of the Kenyan people. Some of those achievements have already been embodied in the Constitution and this Parliament has also, in addition to the Constitution of Kenya 2010--- It was also in this Parliament that Vision 2030, which my good friend the Professor started, became owned by the people of the Republic through Parliament. That is why it was tabled in this particular Parliament. These are all the efforts that we wanted to bring forth. I also want to speak with a bit of experience as somebody who was basically in the majority of Committees in this House. One of the important ones; the CIOC, Parliamentary Select Committee on the Constitution, the CDF, Amani Forum and the other half of them I have had the privilege of chairing, including the IDP Committee where I served with you, Mr. Temporary Deputy Speaker. I was also a member of the Speaker’s Panel. Parliament must remain Parliament. The new Constitution demands that the Executive is very distinct from Parliament. It means that those ones of us who have had the privilege of being in this Parliament, the ones who appreciate some of our contributions especially the CDF, I was expecting hon. Members - including my good friend, Maj-Gen. Nkaisserry - to also appreciate being a Member of Amani Forum. We have passed a resolution here, as a House of the Tenth Parliament; we are all members of the Amani Forum. The Tenth Parliament is a post-election reconstruction Parliament. I want us, as we leave this Tenth Parliament, to go there with a mission; to be the peace ambassadors of the great Republic of Kenya because we have the influence. Our people rely on us. Our people expect it from us. The reason why we came with the IDP Act as it is now and the issues prosecuted therein is that never again shall we, in the history of the Republic of Kenya, cause another Kenyan to lose a life because we want to come to Parliament. I want us to leave this place with that particular commitment. Mr. Temporary Deputy Speaker, Sir, yes, we have achieved a lot. I have served in this Parliament in the words of the singer, Randy Travis, “as a point of light in the midst of darkness.” We have shown light at a time when the Executive had a lot of darkness for this nation. We have stood as a Parliament to the Executive and that is the way it should

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  • January 10, 2013 PARLIAMENTARY DEBATES 29
  • be; that is the way it should continue. I expect in the 11th Parliament that those stone-age issues of cattle rustling, poverty being 46 per cent - almost reaching 50 per cent - will be something of the past. If the leadership of this country can be judged on the basis of delivery of the reforms that have been quantified in the Constitution and Vision 2030; then what they will be looking for are managers. Why do you talk of the CORD coalition, Jubilee Coalition or Amani Coalition when you have an opportunity in this House to demonstrate that amani ; demonstrate the management and implementation of the Constitution and to give effect to the reforms that we have yearned for as a country? I beg to support.
  • Gideon Ndambuki (The Assistant Minister for Agriculture)

    Mr. Temporary Deputy Speaker, Sir, I thank you for this opportunity to support this Motion. First and foremost, I would like to thank hon. Members. For the last five years, I have been the Chairman of the National Prayer Breakfast. Every time, I would call Members and they have been really helpful and supportive. I thank them and ask those who are vying to come back to this House to continue with the habit of having such a fellowship. That is because it encourages Members from other countries to visit us. It is also another way of selling this country. I also want to thank the Speaker of the National Assembly. It is through him that we got some hon. Members to travel to other countries to participate there. I want to appeal to hon. Members that we preach peace as we campaign. This has been said by almost every Member. I do not see why we should lose even a single soul because of politics. We can achieve what we want to achieve peacefully without hurting anybody. However, if we continue preaching hatred and tribalism, those things are going to recur. We do not want to go through what we experienced in 2007/2008. We spent so much time trying to put committees together. Now that the healing has been achieved, I would like to urge hon. Members to watch their words as they campaign so that we do not end up losing anybody. Mr. Temporary Deputy Speaker, Sir, I would like to thank hon. Members for the support they have given our Ministry. For the last five years, I have been in this House answering Questions and debating on Motions related to agriculture. I would like to thank them for their assistance and participation. This time round, we are expecting a bumper harvest. I appeal to the Government to take care of those people who have no food at the moment. There is food in the

  • shambas
  • Gideon Ndambuki (The Assistant Minister for Agriculture)

    and its readiness is being awaited so that it can be harvested. Since we are going to have a bumper harvest, especially in Eastern Province, the issue of aflatoxin needs to be addressed by the authorities before people start to harvest. It is true that we are now going for campaigns. I want to take this opportunity to wish all the hon. Members, depending on the seats they will be vying for, victory so that they can come back here and we continue building this nation. This is my 15th year in Parliament. I can assure Members of this House that they have done well compared to the Eighth and Ninth Parliaments. This is because of what we have done. We have stayed here up to very late and during difficult times. I would like to thank them and the Speaker who, sometime, bailed out this country when it was about to go to the drains. He has really done well. It is my prayer that he comes back here and continues to be the Speaker because he is a man who can stand on his own. He is a

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  • January 10, 2013 PARLIAMENTARY DEBATES 30
  • man who cannot be swayed by pressure or things. So, I wish him all the best so that he can come back and be the Speaker of this House. I want to thank every person and wish each one of us the best in whatever we do.
  • Adan Keynan

    Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to also contribute to this very important sine die Adjournment Motion. I would, first of all, like to thank the Speaker. I happen to be his Vice-Chair at the Parliamentary Service Commission. It is good to appreciate the good things individuals have done for this country. The Speaker happens to be one of those people. Indeed, managing this great and ever quarreling Coalition would be the most difficult thing for any Speaker since Independence. It is not that I have a problem with the Coalition, but I think you know the kind of difficulties the Speaker has experienced. I am sure he must have had many thoughts with regard to managing coalition issues. I am glad that the term is coming to an end without any threat to the nationhood of the Republic of Kenya. This Tenth Parliament is one of the greatest that this country will ever remember. This Parliament saw the birth of a new Constitution that we had been yearning for, for a long time. Where I come from, and you know this because you represented many people from the marginalized groups from that region, this Constitution is the beginning of our Independence. When other Kenyans talk about Kenya having got Independence in 1963, the people of northern Kenya and other marginalized regions say that they have got their independence as a result of the promulgation of the new Constitution. This is not a small achievement. I want to thank the membership of this august House for it dedication, determination and ensuring that Kenyans---

  • Gitobu Imanyara (The Temporary Deputy Speaker)

    Hon. Members, if you are on a point of order you need to stand up because the machines are not working and I may not know whether you are seeking a point of order to make an intervention or not. Continue, Mr. Keynan!

  • Adan Keynan

    I hope you will compensate me those two minutes. So, Kenyans really appreciate what we have done. I also want to thank the hon. Members of the Committee that I chair - that is the Departmental Committee on Defence and Foreign Relations. I have been the Chairman of that Committee for the last five years and we have worked very hard. I believe we have tabled the highest number of reports in this august House. I also believe that we have vehemently contributed to the promotion, projection and protection of our image as an investment destination, diplomatic hub, infrastructural hub, and humanitarian hub. Mr. Temporary Deputy Speaker, Sir, diplomacy is a very fragile thing. I appreciate and I do not think it is the work of hon. Ongeri and many others who have served as Ministers for Foreign Affairs. That is because diplomacy is so fragile that, at times, you wonder whether some of the events that are given headlines sensationally by some of our leading media institutions really add any value to our image. Sometimes, when foreigners read some of the sensational stories that appear in our media, they feel like Kenya is burning or it is coming to an end and yet, this is not true. I want to appeal to everybody that this great country requires our dedication. Countries that have failed have done so because individuals have collectively or individually refused to function or serve their country. I want to appeal to every Kenyan that it is not the sole responsibility of the

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  • January 10, 2013 PARLIAMENTARY DEBATES 31
  • members of the Executive or the President or the Prime Minister; rather it is our collective responsibility as citizens of the Republic of Kenya to ensure that we remain a peaceful nation. This is one thing all of us must believe in and be prepared to undertake and cherish. As we go to the next General Election, I know this is a very difficult time. This Tenth Parliament has done us proud in legislation and in its oversight and representation role. More fundamentally, there is an emerging role for parliamentarians; there is something called parliamentary diplomacy. Traditionally, diplomacy is seen as an aspect of the Executive, but today we have military diplomacy, parliamentary diplomacy, environmental diplomacy, socio-economic diplomacy and so on. These, collectively, help to bring out the image of Kenya as a very important country. Mr. Temporary Deputy Speaker, Sir, Kenya is the only country where there is a functional United Nations entity. This is not a small achievement. It is something that we are proud of. This key international organization is the centre of many international activities.
  • Joseph Nkaissery (The Assistant Minister, Ministry of State for Defence)

    Mr. Temporary Deputy Speaker, Sir, as I support this very important Motion, I would like, first and foremost, to thank the people of Kajiado Central for having given me the second opportunity to represent them in this august House. I have been very privileged that when I came to this House, I was selected to be a Member of very important Committees of the House: The Committee on Constitution and now the Constitutional Implementation Oversight Committee (CIOC). Before that I had been privileged to be the chairperson of Amani Forum Kenya Chapter which dealt with the issues of peace. During the time when our country was in chaos, we played behind the scenes and we thank God that peace has come. Secondly, I would like to commend the Speaker, Mr. Marende, for steering and leading this House in the most appropriate and effective way. He has shown good and prudent leadership. I also want to thank all the hon. Members for enabling this country to be where it is today. Thirdly, I wish to commend the principals for coming together so that this country can be what it is today. Fourthly, I want to thank the Kenya Defence Force which is the best institution that we have today. They have managed to restore peace in Somalia. Those who are in the war zone today represent the face of Kenya and we should be very proud of them. I am particularly very proud of them. Mr. Temporary Deputy Speaker, Sir, in this year of electioneering, we all need to be patriotic. We need to preach peace and unity to our people. I would like to congratulate the new Inspector-General of the Kenya Police Service. He has an enormous task ahead of him. We do not want to see Baragoi incident and the Tana Delta incidents. These are the issues that the new Inspector-General and other security organs must address. This country must remain stable and as we go for campaigns, I would like to urge hon. Members to preach peace so that the country can remain a stable and great nation in this region. Mr. Temporary Deputy Speaker, Sir, we have a new Judiciary and a new Independent Electoral and Boundaries Commission (IEBC). Kenyans are watching and

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  • January 10, 2013 PARLIAMENTARY DEBATES 32
  • they want these institutions to deliver. They need to play a crucial role in giving Kenya what they want. Unless we change, we will remain where we are, that is, we will continue having bad leaders, we will continue having corruption, impunity and ethnicity. Before I end, the most important question is not which coalition will win the election but what Kenya will become after the elections. We want a great nation, a peaceful nation and a united country. With those very few remarks, I beg to support.
  • Mr. Oyugi

    Mr. Temporary Deputy Speaker, Sir, providence has occasioned that I also experiment with the standing to be recognized by the Speaker, which I appreciate. I would like to contribute to this Motion for Adjournment. First of all, I would like thank the constituents of Ndhiwa for giving me a short stint in Parliament. Indeed, it was very exciting. I thank them and I owe them dearly. I would like to thank my party, the Orange Democratic Movement (ODM) for giving me an occasion to be a Member of the party. I would also like to thank my colleagues in Parliament for helping me grow. Indeed, I had a chance to hit the ground running. I did not have a chance to crawl. I thank the colleagues I worked with very closely in the party; Mr. Magerer Lagat, Mr. Oyongo- Nyamweya, Mrs. Odhiambo-Mabona and others. Thank you for helping me grow. Thank you, Mr. C. Onyancha, for helping me to understand the Standing Orders and the various constitutional principles. I owe you dearly. This Tenth Parliament made several milestones and I think it is not in very many jurisdictions that you find a country that makes a constitution in peaceful times. I think the Tenth Parliament of Kenya goes down in history as having made tremendous efforts in terms of passing the new Constitution. I also think that this Tenth Parliament did a lot of legislation. They burnt the midnight oil in its literal meaning. I think the number of legislations that have been passed are really commendable. I know you are leaving Parliament today and, of course, citizens are not very happy with the send off packages that is alleged to be very heavy but I think we need to change how politics is done in Kenya and that can only be done by making sure that the various legislations we have done on campaigns should make it very cheap to run and be a Member of Parliament. I had a good chance of being in a couple of Committees; the Public Investments Committee (PIC) and the Justice and Legal Affairs Committee. These are very interesting Committees, if you may ask me. I saw how law is made and I saw the wrongs that several people did for this country, the proliferation that went on and I think it is unacceptable. There was corruption and I think we must do our very best to stop this kind of thing. To my colleagues, I know this is an election year. The Tenth Parliament came in under very interesting circumstances. The year 2007 is history that Kenyans want to bury and do not want a repeat of. I would like to appeal to my colleagues; I know it is campaign time but as a politician you may be down but not out because a politician can do very many things. It is not a must that you get elected into office. Let us appreciate that someone else can win. Let us take the results of the election however they come in a really nice way. The ties that bind us as a country are stronger than the simple stresses that we face. Kenya should remain as a single unitary country as opposed to simple tribal conclaves. I know we would be called upon, as Members of Parliament and leaders to make several choices and my appeal to my colleagues is that they look at the various

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  • choices in the light of day and the darkness of the night and make sure that they can live by the consequences of the choices that they make. Hon. Members, economic and cultural rights are realizable with the advent of the new Constitution. I think we should just continue pushing hard. Extra vigilance is required. Before I came to Parliament, I had the privilege of working in northern Kenya, shores of Lake Turkana and the amount of poverty that Kenyans live in is unacceptable 50 years after Independence. The amount of insecurity like what happened in Baragoi are things I have experienced firsthand and I think it is unacceptable; 50 years after Independence for Kenyans to be subjects of cattle rustling. We must do our very best as a country to make sure that Kenya is safe and secure for everyone else where people live in dignity. Lastly, my fellow countrymen devolution brings us a chance to realize our rights. I would like to request everybody to stick to the various facets of this Constitution and make demands of their leaders unlike the postage stamp, let them stick to issues until they realize their economic and cultural rights to live in dignity. God Bless all and God Bless Kenya. Thank you very much.
  • Sam Ongeri (The Minister for Foreign Affairs)

    Mr. Temporary Deputy Speaker, Sir, let me also take this opportunity to echo my sentiments and thankfulness to the Almighty God because when we started this Parliament, it was very difficult but by God’s grace we were able to blend together. One big issue that this Parliament has done is to bring the social, cultural and economic diversities into focus. We have been able to relate to each other, to discuss both polite and very explosive issues but at the end of it all, we came to a solution with an understanding that we belong to one nation and we are one people. Mr. Temporary Deputy Speaker, Sir, I want to extend an arm of appreciation to our Kenya Defence Force who have also given us pride in the manner in which they professionally executed their responsibilities in order to bring some form of stabilization in our neighbouring country, Somalia. They have also done similar exploits in other countries in the peace keeping efforts. That again tells about the kind of nature and character of this nation. His Excellency President Kibaki has shown resilience, politeness and firmness in handling matters of State. Equally so, the Speaker of this National Assembly has given us, many times, the way forward when we have been caught in a vicious cycle. One message that rings out very clearly, as we all go out to campaign is that we must seek peace and pursue it. It is a very rare commodity and very difficult. However, I believe that if we go out in the Almighty God’s hand, with peace and tranquility, we can achieve the objectives that we have set out for ourselves. It is a competition that we are all going to and it must be fair. No one should bring any slur to anybody. Let us be polite and accommodating to each other. Let us preach what needs to be preached. As far as I know, the Constitution of this country is a product of all Kenyans. Kenyans have contributed towards the reform agenda of this nation and it is not a preserve of any single individual. Obviously, Members of Parliament have taken a very hard step in formulating enabling legislation. I also want to say that there are some Reports that may have been made in this House that cast very serious aspersions on serving diplomats of this nation and yet we did

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  • not have an opportunity to ventilate our views about these reports. For now, they have caused damage which is not necessary because I am sure that if some of these issues were brought forward for debate, we would have had a different picture altogether. So, on behalf of those staff who may not be in this House, I want them to be assured that their views will be taken into account before they are vilified. It should not appear as if the reports were taken as gospel truth to vilify them in one way or the other. A report remains a report until somebody else replies to it. Let me wish you and every single Member of Parliament God’s peace. Be peaceful and kind to one another. Pray for one another and speak to each other even if we are in the opposite camps. God bless you.
  • Ramadhan Seif Kajembe (The Assistant Minister for Environment and Mineral Resources)

    Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this time to contribute to this Motion. I support this Motion because time is now ripe for us to go into elections. We must congratulate the Speaker, hon. Marende. Hon. Marende has brought change to this House. Today, there is live broadcast of parliamentary proceedings. Today, there are renovations that we can all see in the House. Hon. Marende has the ability. If I were Mr. Marende, I would have climbed the political ladder. Today, we are witnessing that Parliament runs its own calendar. That has not been the case in the past. There were a lot of historical injustices. For us who have been in this House for ages, there is change. You know that there is change for good. I thank the people of my constituency, Changamwe for electing me to this House for eight terms. Before I became a Member Parliament I served as a councilor in Mombasa Municipality for 15 years. So, I have been in active politics for 30 years. I am now very much prepared to become the Senator for Mombasa County. Today, whatever you say, even when it is good, someone will tell you that it is “hate speech.” However, the truth is that historical injustices should be remembered and talked about. Our beautiful beaches in Coast Province were taken by the past regime. Our land was also grabbed. Most our people have been rendered homeless because they have no land. These things should not be repeated in this country. Corruption was the order of the day in the past. Even for us who went abroad frequently it was known that Kenya was corrupt. Of late, we can see that culture is gone and it must go forever. The big problem that the people of Kenya face is taxation. It is my prayer that the Government will reconsider to lower taxation to the people of this country. This is a big burden. Another problem is with regard to prices of foodstuff. It is not everybody who takes three meals in our country. Some people just take one.

  • Peter Njuguna Gitau

    Thank you, Mr. Temporary Deputy Speaker, Sir, for this opportunity to contribute to this Motion. Let me start by thanking the people of Lari who overwhelmingly elected me to come to this august House. I would like to tell them that they are good and kind. I will be prepared for another term to continue working for the people of Lari. In addition, let me take this opportunity to thank the President and the Prime Minister for agreeing to work harmoniously for the interest of this country. This

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  • January 10, 2013 PARLIAMENTARY DEBATES 35
  • relationship has allowed the country to register greater heights of economic advancement which is important for the welfare of our people. Mr. Temporary Deputy Speaker, Sir, let me also thank the Speaker of this House for providing admirable and crucial leadership at critical times not forgetting the Speaker’s Panel composed of hon. Gitobu Imanyara, hon. Ekwee Ethuro, Dr. Laboso and Prof. Kaloki. You have really provided dedicated service to us. To the hon. Members of this House, you have been wonderful and dear to me. I have learnt quite a lot through my interaction with the hon. Members of this House and I desire and wish to continue. As I pray for myself, I will also continue to pray for every hon. Member in this House to be successful during the elections. I would also wish to thank all the hon. Members of Parliament and Ministers who have been able to visit my constituency within the last five years. These are Prof. Anyang’-Nyong’o, hon. Githae, hon. Mutula Kilonzo, Dr. Noah Wekesa, the Deputy Prime Minister, Uhuru Kenyatta, the Vice-President and the President himself. Mr. Temporary Deputy Speaker, Sir, it is important as we now close our five year tenure in this House to remember the gallant sons and daughters of this country who liberated and made sure that through their sacrifice, this country became independent – the Mau Mau heroes and heroines. They have been forgotten and I recall a Motion was passed in this House awaiting the President’s assent. It is my prayer and that of this House that His Excellency agrees to assent to this Bill so that these people can also enjoy the fruits of Independence. We are also saddened that the final phase of the Internally Displaced Persons (IDPs) is still an eye sore in this country. I am urging the Government to make sure that these people are settled as soon as possible. Mr. Temporary Deputy Speaker, Sir, to the motoring public, the cost of fuel in this country is still very high and I would like the Government to keenly consider lowering the prices of this commodity so that wananchi in this country can enjoy easier transport. It is important that we urge the Government to make sure that adequate resources are invested in the security sector. Terror threats, grenade attacks, kidnappings and defilement witnessed in this country have become rampant issues that need to be eradicated. I have enjoyed leadership in this Parliament and with those few remarks, I support this Motion.
  • Magerer Kiprono Langat (The Assistant Minister for Energy)

    Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity also to make a few comments. First and foremost, I want to thank the people of Kipkelion for giving me this big and great opportunity to serve them as a youthful Member of Parliament from the constituency in the Tenth Parliament. As I stand here today, I look back at where we have come from both as a constituency and as a country and I believe that the opportunity that I was granted by the people of Kipkelion has not been wasted. I want to also thank Mr. Speaker himself, hon. Kenneth Marende, for having guided us especially new hon. Members of Parliament who occasionally have not mastered the Standing Orders and the general operations of this House. I also want to really appreciate the entire Speaker’s Panel for guiding us through and ensuring that we mature in terms of contributions in this House.

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  • January 10, 2013 PARLIAMENTARY DEBATES 36
  • Mr. Temporary Deputy Speaker, Sir, I would also like to thank His Excellency the President and the Prime Minister together with the Vice-President for steering our country through these very challenging times. I come from one of the constituencies that were hard hit by the 2007/2008 post-election violence. When I was elected I had not anticipated that such a situation would have occurred. It is through the mercy of God and also the good guidance by our three leaders that we saw our people enjoy peace again. Mr. Temporary Deputy Speaker, I particularly want to thank that team again for visiting Kipkelion in March 2008 to help me restore peace in my constituency. This is why I have been able to achieve together with the people of Kipkelion the several milestones in development within that constituency which we are now proud of. I cherish peace. I am a soldier of peace and as I move on in ensuring that this country enjoys peace, I want to thank all those Government entities that have helped to ensure that peace has been restored particularly the Kenya Defence Forces who have shown a lot of steadiness in flushing out and eliminating some elements normally known as Al Shabaab and others who have infiltrated our country. I think now the opportunity that remains is for our police. I want to congratulate our new Inspector-General, Mr. Kimaiyo, who has been given the first opportunity to be the first Inspector-General in the newly created Kenya Police Service. I want to urge him to quickly move in and quickly clean the mess that is within the police force. We were treated to a circus a few days ago whereby we have had personalities who have been masquerading as police officers and they have stayed for much too long. Sometimes we wonder whether we are really under safe hands or what it is that goes on. Mr. Temporary Deputy Speaker, Sir, the fight for a new society is really the fight to change men and women and this starts with us. It will be unwise if at the very moment we are aiming at uniting humanity, we fight a generation war. There is no need for young people to be against the old and likewise also the old to be against the young. An older generation which stops thinking that it is right in criticising youth---
  • Gitobu Imanyara (The Temporary Deputy Speaker)

    Your time is up. Prof. Kaloki!

  • Prof. Kaloki:
  • Thank you, Mr. Temporary Deputy Speaker, Sir, for this opportunity to support this important Motion. As I support this Motion, I would like to begin by thanking my people from Kibwezi for electing me to serve in this Tenth Parliament and to be able to work with them to initiate many development projects in Kibwezi. Although we have worked very well in the last five years there is still much more work that needs to be done. As I support this Motion, I would like to thank our Speaker, hon. Kenneth Marende and also thank the Members of the Speaker’s Panel. My colleague, hon. Gitobu Imanyara as you sit there as our Speaker today, I sincerely thank you. I thank hon. Ekwee Ethuro and hon. Joyce Laboso for being able to work together for the last five years. Mr. Temporary Deputy Speaker, Sir, I specifically thank Mr. Speaker who initiated many projects such as the renovation of this Chamber, live coverage of proceedings and revision of the Standing Orders. I sincerely thank him for his leadership for the entire five years when he has been our Speaker in this Tenth Parliament. Let me also thank the Leader of Government Business for the leadership that he has provided, His Excellency the Vice-President and Minister for Home Affairs. We thank you. He guided this Parliament very well in terms of all the Bills that been
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  • January 10, 2013 PARLIAMENTARY DEBATES 37
  • generated. I also thank him for his leadership in the House Business Committee. Let me also thank him for serving the country as the Vice-President and Minister for Home Affairs for the last five years. He has done well. We thank him very much also for working with President Kibaki and stabilizing the country at a time when we needed his leadership the most. Thank you very much, Your Excellency the Vice- President and Minister for Home Affairs. Let me also thank the President specifically for initiating so many projects in this country in terms of infrastructural development. Since he took over the leadership of this country, road network has been improved. The President himself has improved the entire economy. We have seen a lot of both micro and macro-economic activities in the country. He has promoted economic integration in the East African and the great lake regions, the Democratic Republic of Congo. He has made sure that the five states in East Africa have created a major market for Kenyans. The East African region now has many investors. This is because of the leadership of the President. I sincerely thank him and wish him well in his retirement. Let me also thank the President for initiating major projects in our county. These include the Konza City ICT Park, where many projects and many companies will be moving. I know this will be a major achievement for the President. We are all waiting for that particular project to kickoff so that people of Makueni and Machakos counties, business community here in Nairobi and the entire country can invest in that area. This will create much needed development projects and employment opportunities in that area. Mr. Temporary Deputy Speaker, Sir, I am also thankful to members of the Departmental Committee on Finance, Planning and Trade. We have worked with them very well. I also thank members of the Constitution Implementation Oversight Committees (CIOC). I was able to serve as a Vice-Chairman of the Departmental Committee on Finance, Planning and Trade. We were able to generate many reports to this Parliament and I am very thankful for that. Mr. Speaker, Sir, as I complete my submission and support to this Motion, let me also urge the Government to begin work on Kibwezi–Kitui Road because as of today work nothing is doing on. With those few remarks, I beg to support.
  • Simon Lesirma (Assistant Minister, Ministry of State for Provincial Administration and Internal Security)

    Mr. Temporary Deputy Speaker, Sir, thank you for this opportunity. I want to begin by thanking the people of Samburu West Constituency for electing me for two consecutive terms; giving me the opportunity and experience to perform even better in the coming Senate. I hope I will be there together with hon. Imanyara. I joined Parliament on a KANU ticket in 2002. In fact, I was the only person in KANU. All my supporters were in the rainbow coalition. But for strategic reasons, I joined KANU because we were told there was suspicion that I would be rigged out, if I did not join the party. I moved on to the Grand National Coalition in June, 2004. I joined hon. Kibaki’s Government as an Assistant Minister for National Planning. Mr. Temporary Deputy Speaker, Sir, in 2008, I joined the Orange Democratic Movement (ODM). I became an Assistant. My experience is that over the last few years, this coalition has been extremely slow in moving, but Parliament has been strong. But

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  • January 10, 2013 PARLIAMENTARY DEBATES 38
  • coalitions have been very weak. Let us hope that the coming Parliament will vet office technocrats who will move things faster. Mr. Temporary Deputy Speaker, Sir, I want to thank hon. Marende for the good job he has done in heading the institution of Parliament together with the panel of Speakers, because they have done a very good job. Hon. Marende, I can say that I take credit for campaigning for him seriously. I was in the team that really campaigned seriously for him to come in as the Speaker. I can even say that at one point during the voting, I was approached with Kshs5 million as a bribe to vote for the other side, but I said no amount of money would buy me to avoid electing hon. Marende. I think he has saved this country from collapsing through various decisions that he has made. I must also thank the parliamentary staff from the sweeper, cleaner, catering staff, library staff, research staff and all the way to the Clerk’s office. They have been very supportive.
  • [The Temporary Deputy Speaker (Mr. Imanyara) left the Chair] [The Temporary Deputy Speaker (Prof. Kaloki) took the Chair]
  • Mr. Temporary Deputy Speaker, Sir, we also need to congratulate ourselves because we have done a good job. We passed the Constitution. I am proud to be part of that history. The Constitution now gives powers us to vet and get the right personnel in the Civil Service and the Cabinet in the next Government. The Constitution also fights impunity that we are now experiencing in this country. I know there is an unfinished agenda. As far as my constituents are concerned part of the unfinished business is the tarmacking of Rumuruti- Mara Road, a road we have been promised over the last 40 years. We have very little to celebrate ourselves in connection with the infrastructure that many of us are praising in this House. The second unfinished business is impunity that has taken place in Baragoi. In spite of the death of so many policemen and Kenyans, including Samburus, we still have cattle rustling taking place. I hope that the report of Parliament will be implemented, when Parliament resumes. In addition to that, I also hope that we will go into full inquiry to get to the bottom of what happened in Baragoi. Mr. Temporary Deputy Speaker, Sir, there is also unfinished business in cattle rustling; there is the report by hon. Kaino’s committee on cattle rustling in Kenya.
  • Peter Kenneth (The Assistant Minister, Ministry of State for Planning, National Development and Vision 2030)

    Thank you very much, Mr. Temporary Deputy Speaker, Sir, for giving me an opportunity to contribute to this very important Motion. Let me, first of all, thank the people of Gatanga for giving me an opportunity to serve them for the last 10 years I have been their Member of Parliament. I am saying this because I think the next time I will come to this Chamber I will sit on the green seat next to you.

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  • Mr. Temporary Deputy Speaker, Sir, in the last couple of years, especially two or three years; has legislated on what was supposed to ensure that we have full implementation of the Constitution. I am a bit concerned that parts of that Constitution have not been implemented fully. I am a bit concerned that at some point, we have tried to water down certain sections of the Constitution. We must be leaders who will always stick to the law and support the nature of laws as they are supposed to be. Being in the Ministry responsible for implementation of Vision 2030, I have also expressed by concerns that despite having a wonderful vision for our country, we have not aligned funding to ensure that Vision 2030 becomes a reality. If we want to help Kenyans, Vision 2030 must be implemented to the letter. Hon. Members will recall that in February, last year, three presidents went for a ground-breaking ceremony in Lamu, but nothing has taken place since then. We need to align funds to visions that will help our country alleviate the level of poverty. Mr. Temporary Deputy Speaker, Sir, even as we go home, the state of our security remains a thorny issue. In the last two weeks, I have heard very embarrassing episodes: That a police officer of a very senior level can turn out to be bogus and even take place in operations that were of great disaster to the police force. We must ensure that we have a thoroughly reformed police force that will take care of all of us. I was not here last night, when Members of Parliament passed an increase on our packing payments as we proceed home. Having enacted a new Constitution and brought into force the Salaries and Remuneration Commission (SRC), we must be very careful that we do not do things that are illegal or things which will make the House look bad when it has tried to look good in ensuring that the Constitution is fully implemented. Mr. Temporary Deputy Speaker, Sir, it is important that at this time, when we are going to face the electorate, we remain extremely careful and vigilant. This House should not rush to enact certain laws which will embarrass a Parliament which has, otherwise, done very well. Let me now appeal to Kenyans to live in peace because elections will come on the 4th of March and go, but we will remain Kenyans. There will be life after the 4th of March. We need to know that we must co-exist. We must be proud as a nation. We must be able to hold together, so that the events that took place in 2008 can remain history never to repeat themselves. It is important for us to see ourselves as Kenyans. We must never allow candidates for elective offices to divide this country on tribal lines. We, as a nation, must stick together. We are one nation and we will remain so. I want to appeal to all of us, even as we go to our campaigns; that this country is greater than all of us. We must exercise caution. We must not divide this country on tribal lines. We must ensure that we stay united as one country. Mr. Temporary Deputy Speaker, Sir, lastly, it has been an honour to be a Member of Parliament. I am sure that history will judge that I was a dignified Member of this House. With those remarks, I support the Motion.
  • Dhadho Gaddae Godhana

    Ahsante sana, Bw. Naibu Spika wa Muda, kwa kunipa fursa hii. Nimesimama kuiunga mkono Hoja hii. Kwanza ningependa kutuma rambirambi na pole zangu kwa jamaa na marafiki waliopoteza wapenzi wao katika kaunti ya Tana River na kule Baragoi, na hasa wale

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  • January 10, 2013 PARLIAMENTARY DEBATES 40
  • waliopoteza wapendwa wao jana kule Garsen. Ninataka niwashauri, niwasihi na niwaombe kwamba wawe watulivu, na wasiendelee kupigana. Ninawasihi wasitishe mapigano hayo kwa sababu hatua ambayo Serikali imechukua, ya kujaribu kutuliza mtafaruku huo ni muhimu sana. Ninaipongeza hatu ya Serikali ya kubuni tume ya kuuchunguza mtafaruku huo ili kubainisha sababu za matukio hayo na kutoa mapendekezo kuhusu hatua zinazopaswa kuchukuliwa ili kuleta uwiano na hali ya amani katika kaunti ya Tana River. Kuendelea kupigana kunaweza kutatiza hali ambayo sisi sote, kama Wakenya na wakazi wa kaunti yaTana, tungependa kuiafikia. Kwa hivyo, kama kiongozi wa sehemu hiyo, ningependa kuwasihi sana wakazi wa Tana River kwamba tuchukue mwelekeo huo. Nimeshaongea na Waziri na tumekubaliana na hata Serikali imechukua msimamo huo. Tungependa tume iliyotumwa kule iharakishe mipango ya kukamilisha Ripoti yake. Pia tunataka uchunguzi unaofanywa na maafisa wa vitengo vya Criminal Investigations Department (CID) na National Intelligence Service (NIS) uharakishwe ili hatua mwafaka za kisheria ziweze kuchukuliwa. Juhudi hizo zote zinalenga kupelekea kuweko kwa amani katika sehemu hiyo. Kwa hivyo, ninawaomba wakazi wa sehemu hiyo wawe watulivu tungojee hatua ambazo Serikali itachukua baada ya Ripoti ya Tume hiyo kutolewa. Bw. Naibu Spika wa Muda, sasa ninataka kuipongeza Serikali ya Muungano. Kuseme kweli tumetoka mbali. Kufikia siku hii ya leo, tumepiga hatua kubwa. Haikuwa rahisi. Kulikuwa na mivutano hapa na pale; mivutano ambayo wakati mwingine ilituweka katika hali ya taharuki. Hata hivyo, mivutano hiyo ilikuwa muhimu kwa sababu imetuwezesha kufika mahali tulipo hivi sasa. Ninamshukuru Mwenyezi Mungu kwa kutuongoza mpaka tukafika mahali tulipo hivi sasa. Hata hivyo, haingekuwa rahisi kwetu sisi kufika tulipo sasa bila ya Bunge hili na Spika kusimama kidete na kutoa uongozi mwafaka. Spika amefanya kazi yake kwa uadilifu mkubwa na kuweza kupata pongezi kutoka kwa watu wengi, wakiwemo Wakenya. Watu kwote ulimwenguni wametambua kazi aliyofanya katika Bunge hili. Amekuwa akichukua msimamo wa kutoegemea upande wowote wakati wa mvutano miongoni mwa mibabe Serikalini. Hii ilikuwa ni kazi ngumu, lakini aliifanya kwa njia ya hekima na busara nyingi. Ni lazima tumshukuru Mwenyezi Mungu kwa kumpatia hekima kama hiyo na kuweza kutufikisha mahali tulipo sasa. Ninawapongeza Wabunge wote waliokuwa katika Bunge hili na kuweza kufanya yale yote waliyofanya. Wamefanya kazi ngumu. Kazi hiyo haikuwa rahisi, na haswa kutekeleza ahadi walizotoa kule mashinani walipokuwa wakiwania viti vya Bunge na vile vile kutekeleza shughuli hapa Bungeni na kutekeleza wajibu wao nyumbani kwao. Ninajua kwamba walijitolea sana, wakajinyima na kunyima jamii zao kwa sababu ya kutekelezea kazi Wakenya. Ninawaombea kwamba wanaporudi mashinani kutafuta kura waweze kuangaliwa na wananchi ili kile watakachoomba wapatiwe. Pia ningependa kupongeza Kenya Defence Forces (KDF). Watu wengi hajaelewa jinsi kazi hiyo ilivyotekelezwa. Haikuwa kazi rahisi. Kazi ya kuleta amani nchini Somalia haikuwa rahisi. Ilikuwa kazi ngumu lakini KDF waliifanya kwa uadilifu, na wanastahili pongezi. Ninajua kwamba sasa, kinyume na dhana za hapo awali---
  • Philip Kyalo Kaloki (The Temporary Deputy Speaker)

    Your time is up, hon. Godhana!

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  • Yes, hon. Githunguri.
  • Stanley Githunguri

    Mr. Temporary Deputy Speaker, Sir, I thank you for giving me the oportunity to contribute to this important Motion. I rise to support the Motion for Adjournment. While doing so, let me highlight some of the main issues of the Tenth Parliament. We started on a wrong footing in 2008, when our country turned violent following the general elections. However, we have since made a major milestone together as a House. First, the Tenth Parliament entered into the history books as the Parliament that ushered in the new Constitution. We accomplished what many parliaments before us were unable to achieve. Secondly, we have passed more than 250 Bills. This is the highest record ever since we attained Independence. We have also broken the record by sitting until very late at night. Probably, it is because even our swearing-in on 15th January, 2008, went beyond midnight. Mr. Temporary Deputy Speaker, Sir, I thank the leadership of the House, headed by the Speaker, Mr. Marende, and for providing the guidance that we required all the time. He has been forthright and has put the interests of the country before the partisan interests. He has also managed the transition period so well that even the Standing Orders of the Senate are ready. I have faith that his record will be favoured in the next Assembly and they will elect him as the Speaker in March this year. I also thank my colleagues for breaking the record by passing the highest number of Bills in single Parliament. I sincerely hope to meet these hon. Members again in Parliament Buildings in March this year, not as strangers, but as Senators, Members of Parliament, Governors and Cabinet Secretaries. Many thanks also go to parliamentary staff for their invaluable service and making our work less difficult. Indeed, I have some trust and admire the manner in which parliamentary staff undertake their duties. As I conclude, I urge our people to be vigilant and demand better service from public service vehicles. It is distressing that the number of road accidents has steadily risen in the recent past. We have lost more than 50 people in just less than 10 days of this year. The law alone cannot prevent road accidents. Our people must be vigilant, whether travelling as passengers or as drivers. Lastly, I ask my colleagues to preach peace and cohesion during the campaign period. For those seeking senate positions, we will be meeting in the Senate in March. I beg to support the Motion.

  • Mr. Otieno (The Minister of State for Public Service)

    Thank you, Mr. Temporary Deputy Speaker, Sir, for finally giving me the opportunity to make a few comments on this Adjournment Motion. It is true that we have been a great Parliament, the Tenth Parliament, except for our poor attendance record and persistent allegations of bribery which I heard even today. We have done certainly a great good job of making the new Constitution and the necessary enabling statutes. But we have to realize that this still remains a winner-take-it- all democracy. We will still have to face implementation challenges. When you think of it deeply, you find that in terms of the values of freedom, justice and equality, if you are talking to an American, he would rank freedom first, possibly justice second and equality last. If you are talking to a British, they may rank justice first, freedom second and

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  • January 10, 2013 PARLIAMENTARY DEBATES 42
  • equality would be the third value. When you talk to us, Africans, you realize that equality comes first in our mental framework, and then possibly, justice and freedom can come in any order. It is, therefore, important that after we end the term of the Tenth Parliament, when the Eleventh Parliament begins it will be important that we all realize that we remain a country of very serious inequalities. Mr. Temporary Deputy Speaker, Sir, we still have very high inequalities, regional inequalities and very big gender inequalities. I keep repeating that it was a shame that we could not legislate on the gender principle, the two-thirds principle. The country still expects serious efforts in achieving national reconciliation and healing. In this context, I wish to commend the Leader of Government Business, His Excellency the Vice-President and Minister for Home Affairs who has demonstrated that he stand s for national unity. I have had the opportunity to witness that when he talks national unity, he takes it seriously. When he talks peace, he actually takes it seriously. When he says we should implement the new Constitution in such a way that we achieve prosperity that will ensure that peace and national unity are fully consolidated amongst us. He takes those issues seriously. Initially when he told me: “I do not have to be President if there will be peace, unity and continuous prosperity that will ensure all our people avoids poverty in this country.” When we were negotiating in the CORD Alliance, he did further demonstrate that he actually means these values and they are part of him. I wish to commend him together with the Speaker for the leadership they have given in the National Assembly that is coming to an end. It is a pity that many of us still pay lip service to national unity. If it is going to be meaningful, it has to be national unity with equality of opportunity and adequate affirmative action. If we are not going to do that, it will remain lip service. Those who have will continue to dominate the rest; there lies the instability that this country can easily suffer. There lie the emotions that can be very explosive. I tried it in my county in Migori where we are eight constituencies with five different communities. There are big and small communities in our county. Similarly, there are big and small communities in so many other counties. But Kenyans are very far away from internalizing the values which we have already entrenched and established in the new Constitution. I tried negotiating and when it comes to the Senate as the House of communities in the future governance of our country, I said if the Luos who live in our province will have three senators and our neighbours Kisiis will have two senators, let the Kuria have at least one. With those few remarks, I beg to support.
  • Martin Otieno Ogindo

    Mr. Temporary Deputy Speaker, Sir, I would like to take the earliest opportunity to thank the people of Rangwe Constituency for having demonstrated confidence in me. In their wisdom, they thought I should represent them and I want to thank them. It is with hindsight that I want now to say that I am proud of the people of Rangwe for the privilege that they gave me.

  • Sophia Abdi Noor

    On a point of order, Mr. Temporary Deputy Speaker, Sir. I have been here for three hours and I have not caught your eye!

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  • January 10, 2013 PARLIAMENTARY DEBATES 43 Mr. Ogindo

    Mr. Temporary Deputy Speaker, Sir, could you kindly protect me from my colleague, Mrs. Noor? Kindly, protect me from Mrs. Noor.

  • Philip Kyalo Kaloki (The Temporary Deputy Speaker)

    Mrs. Noor, you are next.

  • Martin Otieno Ogindo

    Mr. Temporary Deputy Speaker, Sir, if it serves this House, then I will give her a chance and then I come after her.

  • Philip Kyalo Kaloki (The Temporary Deputy Speaker)

    Proceed, Mr. Ogindo. You are doing fine.

  • Martin Otieno Ogindo

    Mr. Temporary Deputy Speaker, Sir, as I thank the people of Rangwe, I want to say that the privilege they gave me was not in vain. I am proud to look back today and see the tremendous work we have done together in Rangwe in terms of infrastructure development. Schools have come up and performance in schools has seriously gone up. I also want to thank them for having made me part of the history of this country by making me part of the Tenth Parliament. I am proud to be part of the Tenth Parliament because of its achievement. One of the greatest achievements of this Tenth Parliament is that despite the acrimony that we saw at the end of 2007, we were able to come together as a country and moved forward. Mr. Temporary Deputy Speaker, Sir, secondly, I am proud to be part of this Parliament because of the Constitutional dispensation that we brought about. This will go a long way in transforming this country to its fundamental call. Mr. Temporary Deputy Speaker, Sir, I want to also take this opportunity to thank the Government as a whole because of the reforms that we have seen today. The Judiciary is a true example of reform. Our Parliament is also a true reflection of reform. But above all, I want to thank the Leader of Government Business, His Excellency the Vice-President for having steered this House this far. In the same breath, I also want to thank the Speaker of this House for his wisdom in guiding this House through those turbulent waters. I also want to thank the co-Principals, the Rt. Hon. Prime Minister, Raila Amolo Odinga and His Excellency, President Mwai Kibaki, for having shown statesmanship in steering this country. They have together shown that equity can be attained in this country. I am proud that when I joined this Parliament, my constituency was not accessible, but today, it is; thanks to their infrastructure development. As I exit this Parliament, I want to plead that the only thing that remains unattended in my place is the Mbita Causeway that requires urgent surgery. It has seriously chocked what is called the Kavirondo Gulf of Lake Victoria. It has converted this part of the lake into a lagoon. The sooner this is converted into a bridge, the better for that region for their economic welfare. You appreciate how much life there revolves around water. Mr. Temporary Deputy Speaker, Sir, lastly, as I go back, I want to plead with the people of the newly created Homa Bay Town Constituency to consider my application to represent them in the next Parliament. Together I promise that we shall move Homa Bay Town Constituency to greater heights of development and effective representation in Parliament. I am proud that my contribution made this Parliament to be transformed from a Budget approving Parliament to a Budget Processing Parliament. I believe that this has gone a long way in transforming the way---

  • Philip Kyalo Kaloki (The Temporary Deputy Speaker)

    Your time is up! Proceed, hon. Sophia Abdi! You have caught my eye!

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  • January 10, 2013 PARLIAMENTARY DEBATES 44 Mrs. Noor

    Mr. Temporary Deputy Speaker, Sir, thank you for finally giving me this chance. But I just want to put across one point that I was counting how many people have contributed this afternoon and the women of this country were standing here throughout and only of them got an opportunity to contribute. So, the issue of women is just lip service even here in this House. We will always demand for our rightful share, as women of this country. Mr. Temporary Deputy Speaker, Sir, this is a moment that we need to be thankful to the Almighty God for having given us an opportunity to come this far as a House and Government. This House has made history. Reform is not a one-time event, but a continuous process. Since we started the constitutional making process, we have done excellent work as a House. We have put together systems and structures from the time we signed the National Accord and promulgated our Constitution. We have also put in place the constitutional Commissions and started the police reforms. This House must be congratulated for putting all that effort. Mr. Temporary Deputy Speaker, Sir, on the issue of gender, it is sad for Kenya, particularly after we have come this far. All other East African countries have appreciated their women and walked the talk. Despite being black and white in the Constitution, this House failed to implement the two-thirds principle. The Supreme Court of this county also failed. But I want to congratulate the Chief Justice, Willy Mutunga, who stood very faithful to the Constitution. He stood with the women of this country. I want to thank and congratulate him so much. Being a son of a woman he has stood with us. Mr. Temporary Deputy Speaker, Sir, I want to put on notice the next Government and Eleventh Parliament that will come. There are a lot of gains that we have made in this Tenth Parliament. There are a lot of gains that the women, youth, disabled and even the pastoralist communities got under the new Constitution. The Government that will come on board in March, 2013 should implement the Constitution to the letter. That will show whether it will be sensitive to the needs of everybody. All the needs of every individual Kenyan have been taken care of in the Constitution. You will never see a Bill of Rights that we have in any other country in the world. We have gone round and people tell us that, that kind of an expanded Bill of Rights is a dream come true and is something that we must protect. Mr. Temporary Deputy Speaker, Sir, being a woman, I want very peaceful election come the next general election. I would like the Kenyan Police and security team to protect the women of this country, particularly those who are running for office. Mr. Temporary Deputy Speaker, Sir, regarding issues of refugees, Kenya has signed the Refugees Convention. We accepted the refugees to come and settle with us, but unfortunately, there are people who have taken the law into their hands. They are harassing the refugees and mistreating them. They are even raping women in the refugee camps.

  • Ekwee David Ethuro (The Temporary Deputy Speaker)

    Your time is up! Hon. Magwanga!

  • Joseph Oyugi Magwanga

    Mr. Temporary Deputy Speaker, Sir, I must thank you for recognizing me. Mr. Temporary Deputy Speaker, Sir, allow me to thank the hon. Speaker, Kenneth Marende, for a job well done in this House. This House has actually undergone

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  • January 10, 2013 PARLIAMENTARY DEBATES 45
  • a lot of transformation under his watch, which is actually very encouraging. We are now enjoying the job that was done by the Speaker and we congratulate him and his entire staff. I know that he is a man of action and has really done it. Mr. Temporary Deputy Speaker, Sir, secondly, allow me to congratulate and thank the people of Kasipul Kabondo who, indeed, elected me to the Tenth Parliament to serve them. I have done my best and we have actually achieved some work in that constituency. Mr. Temporary Deputy Speaker, Sir, allow me also to thank the two Principals who showed some leadership in this country. If at all they had not erred, this country would not be the same today. I know that when we opened in 2008, things were haywire in this country and the two Principals came together, including the Vice-President and Minister for Home Affairs. They sat down and came up with a lasting solution for this country. Allow me to thank them so much for showing leadership. Mr. Temporary Deputy Speaker, Sir, I want to say that I have been privileged to serve in a number of committees in this Tenth Parliament. I have served in the Departmental Committee on Health under the Chairmanship of Dr. Monda who has guided us well. We have done so much in the health sector. Allow me also to thank my other Chair, none other than Ms. Noor who has been Chairing the Departmental Committee on Labour and Social Welfare that has also unearthed so much in this Tenth Parliament. I have also served in the Local Authorities Funds Account Committee (LAFAC) as well as the Library Committee. I have really enjoyed serving in those Committees. We have traversed this country and we have come up with policies which I hope, if fully implemented, are likely to show a number of steps that will be taken for the benefit of this country. I also want it to be on record for the next Parliament: There is an unemployment rate in this country. The unemployment rate in this country is really rising up to almost 46 per cent or 50 per cent and it must come down. I have visited countries like Thailand. They have an unemployment rate of only 3 per cent. If Thailand attained its Independence almost at the same time as Kenya, why should Kenya have an unemployment rate of over 40 per cent while Thailand has 3 per cent? I wish that the next Government or Parliament would do so much in the creation of employment opportunities for our youth. Lastly, I want to emphasize accountability in this country. Corruption must be done away with in this country. We should account for every wealth that we create or spend. I wish all of my colleagues---
  • Ekwee David Ethuro (The Temporary Deputy Speaker)

    Your time is up!

  • Sheikh Yakub Muhammad Dor

    Bw. Naibu Spika wa Muda, ahsante kwa kunipa nafasi hii ya kuunga mkono Hoja hii. Kwanza, nachukua nafasi hii kumshukuru Bwana Mola Subhana Huwata’ala kwa kunijalia kuwa ndani ya Bunge la Kumi na Moja---

  • Sophia Abdi Noor

    La kumi!

  • Sheikh Yakub Muhammad Dor

    Labda tama ndio itakuwa nzuri na Bunge la Kumi na Moja nitakuwa hapa, Inshallah. Bw. Naibu Spika wa Muda, napenda kuichukia nafasi hii kukishukuru chama cha National Muslim Leaders Forum (NAMLEF) wakishiriana na Council of Imams and Preachers of Kenya (CIPK) kwa kuniwezesha kuchaguliwa au kuteuliwa kwenye Bunge

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  • January 10, 2013 PARLIAMENTARY DEBATES 46
  • la Kumi na kuweza kuwasaidia na kuwahudumia Wakenya wote kwa jumla. Pia nachukua nafasi hii kuwashukuru Wabunge wenzangu wote ambao tulishirikiana uzuri na hususan Bw. Spika, Naibu wake na Kamati yake ya Maspika. Pia nachukua nafasi hii kuwashukuru wafanyikazi wote wa Bunge la Kumi ambao tulishirikiana uzuri hata operators wa upande wa simu na wengineo wote. Naomba ya kwamba – kwa vile Baraza la Mawaziri bado linafanya kazi - lipitishe hoja ambayo iko kwenye Baraza lao kuhusu maswala ya pesa za wazee wa East African Community (EAC) ambao wameteseka kwa miaka 34. Mpaka leo, hawajapewa pesa zao. Naomba Baraza la Mawaziri lipitishe huo mswada kwa haraka kabla Baraza lao halijavunjwa ili wazee hao wa EAC ambao wameteseka kwa miaka 34 wapewe haki yao. Wenzao wa Uganda na Tanzania wamepewa haki yao. Bw. Naibu Spika wa Muda, pia ningeomba Wizara ya Labour ifikirie na kuwalipa haki zao wafanyikazi wa African Safari Club walioko Shanzu, Mombasa. Na wao wapewe haki zao kwa haraka. Nafurahia kwamba mimi ni mmoja kati ya Wabunge wa Bunge la Kumi waliojaaliwa kupitisha Katiba mpya. Nawashukuru Wabunge wenzangu wote na ni jambo ambalo tutalikumbuka kwa miaka mingi. Pia, ningependa Wizara ya Ardhi itekeleze yale matakwa yalioelezwa katika Ripoti ya Kamati ya Bunge ya Ardhi kuhusu ardhi za Lamu. Hususan, wale ambao walichukua ardhi kwa njia za haramu, wapokonywe hati zao na Wizara iweze kuangalia wale ambao walizaliwa pale ili wapewe haki yao. Ningewaomba Wakenya wote – kwa vile huu ni mwaka wa kwenda kupiga kura - tuhakikishe ya kwamba tumeweka amani. Tusisahau yale ambayo yalitufika mwaka wa 2007/2008; yasirejee tena. Yawe ni mambo ambayo Kenya hatutayaona wala kuyasikia tena. Hayo yatawezekana ikiwa Wakenya wenyewe wataweka amani na watakwenda kwenya kura na kampeni zetu bila chuki, bila ya kutukanana na bila kuleta ubaguzi wa rangi au ukabila. Pia, ningeomba kitengo cha polisi kikisaidiana na Wapwani kuangalia mambo ya Tana River. Hata jana tulipata habari ya kwamba katika Tana River, Wakenya 11 wameuliwa. Hili ni jambo ambalo tungependa kitengo cha polisi na Wizara inayohusika kufuatilia kwa haraka. Wenzetu Wakenya wanaoishi Eastleigh wanasumbuliwa mara kwa mara. Ni Wasomali lakini ni Wakenya. Tungetaka Wizara inayohusika iangalie Wakenya wanaoishi Eastleigh kwenye maswala ya biashara zao, waishi kwa amani. Wasisumbuliwe ili waweze kuendelea na kazi wanazozifanya kama Wakenya wengine. Kwa hayo machache, ninaunga mkono.
  • Ekwee David Ethuro (The Temporary Deputy Speaker)

    Sorry, your time is up! Hon. Members, in order to give everybody an opportunity, I will reduce the time to three minutes so that each and every person here can contribute.

  • Margaret Kamar (The Minister for Higher Education, Science and technology)

    Mr. Temporary Deputy Speaker, Sir, thank you for giving me the opportunity to contribute to this Motion for Adjournment. I will take the three minutes. First, I would like to thank the people of Eldoret East for giving me the opportunity to serve in the last five years, a time that I have enjoyed working for them and I will continue to work for them. Secondly, I would like to really thank God for the opportunity I got because it is amazing. I am one hon. Member who has moved from one spot to another for two and

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  • January 10, 2013 PARLIAMENTARY DEBATES 47
  • half years. I enjoyed being a member of the Speaker’s Panel where I served with you, Mr. Temporary Deputy Speaker, and all the other members of the Panel. I want to thank you most sincerely for the wonderful work that we did together and thank Mr. Speaker, for leading us in a great manner--- At the beginning of 2008, we were not sure of how to handle a House that was highly divided because of the acrimony that existed in the country. I really thank him because he has guided and trained us. He has even sent us out for capacity building, which has helped us to manage the House. I want to thank the two Principals for giving me an opportunity to serve in the Ministry of Environment and Natural Resources under a wonderful Kenyan - the late John Michuki. That was the time I learnt a lot about the Government. I also learnt a lot about how to handle issues of environment. I thought I was an environmentalist, but it was wonderful to serve under a man who mentored me without notice. It was a great time. I was also privileged to be involved in the development of the Minerals and Mining Bill. We now know that we are a very potentially rich country in that sector. I was then moved to the Ministry of Higher Education, Science and Technology. I want to thank this House because of the achievements that we have attained in that Ministry in a very short time. Our last Bill passed only yesterday - the Bill on Science, Technology and Innovation. This House also passed the Technical and Vocational Training Bill. Last month, this House passed the Bill on Higher Education. Those three Bills will open the country completely. They will reform and transform the education sector. I want to thank hon. Members for their contributions which have really made us very proud as a Ministry.
  • John Michael Njenga Mututho

    Thank you, Mr. Temporary Deputy Speaker, Sir. You are the fourth person to be on the Chair and I have been waiting. So, I do not want to squander my three minutes. I want to go straight to my points and thank my Naivasha people and, more so, the Naivasha/Gilgil people because that is the new constituency. I want to thank you all hon. Members because you have come and visited Naivasha many times for various reasons. I want to thank the Ministers for their support in making Naivasha a truly touristic town. I want to thank, particularly, the Prime Minister for going all the way to Europe and securing about Kshs11 billion to clean up Lake Naivasha. I want to thank the President of the Republic of Kenya and, more specifically, now the Vice-President and Minister for Home Affairs because of what he has done. I want to summarize that in about three words. He has demystified the Vice-Presidency. We knew them. We knew the Vice-Presidents as tyrants. We knew them as people who would bash you. We knew them as people who belong to another planet. But he has been able to come down as part of us and even took Mututho with him all the way to Malaysia. I had a chance to meet not only the President of Malaysia, but also the two former Presidents of that country. I will one time share what I found out there. On the sideshows, I must share this with your indulgence. One of them said: “What is ailing Kenya is bad table manners in development.” Every time we meet with foreigners, we talk about the anti-corruption body and those kind of things. Who wants to come and do business with us? Malaysia has lived with 11 per cent corruption and they have been able to sort themselves out so that there is no unemployment.

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  • January 10, 2013 PARLIAMENTARY DEBATES 48
  • I must thank hon. Members who attend this place regularly. Hon. Njuguna, of Lari Constituency is one of them. I have to accept that I am number two here. He has been here. He has sat here and he is still here. He will also be here next time. I want to tell Kenyans that I want to be here too because I will prove a point, Kenyans can be fed for unga costing between Kshs30 and Kshs36 if we have the right policies and laws. That big wealth of minerals is good, but the richest wealth is the human resource. In China 1.2 million acres is feeding 60 million people and three million soldiers. That is what we want our Galana Ranch to do. As soon as the President and his able Vice- President stop the fight around there, we should move in as experts in agriculture and do food production in that area. With those few remarks, I beg to support.
  • Robert Monda

    Mr. Temporary Deputy Speaker, Sir, I will start with congratulating the Speaker for the way he has handled this Parliament right from the beginning for those who are first timers and we were learning on how to handle and transact business. The Speaker and staff of Parliament worked like robots. I would like to state this here that they worked as if they never got tired. I want to commend them and ask that the coming Parliament should improve the numbers of staff so that these people do not wear out too soon because of the level of work they do. Mr. Temporary Deputy Speaker, Sir, I want to recognize the Panel of Speakers and the balanced direction given in this House. They have given the House the kind of image we expect in this country. I happened to Chair the Committee of Health all the five years and allow me to commend and appreciate my Vice-Chair who is here with me and all the Members of the Committee for the co-operation they have shown in the five years in transacting business in the health sector. It is through this Committee that we were able to realize two Bills, one addressing the cancer problem in this country and also the latest one addressing the Kenya Medical Supplies Authority where we would expect that all medical supplies will now be supplied to our health facilities and also address the cancer issues that we have in the country. We have even indicated that we shall want to have hospitals that will be treating cancer in each county and we shall ask the coming Government and administration of this country to ensure that resources are allocated to ensure that these hospitals come up and address the health concerns of our population. Mr. Temporary Deputy Speaker, Sir, allow me to thank the people of Nyaribari Chache who elected me to be in this Tenth Parliament.

  • Ekwee David Ethuro (The Temporary Deputy Speaker)

    Ten seconds!

  • Robert Monda

    Mr. Temporary Deputy Speaker, Sir, as we go into elections, I ask Kenyans----

  • Peris Chepchumba

    Mr. Temporary Deputy Speaker, Sir, thank you for giving me an opportunity to contribute to this Motion for Adjournment. I want to thank God for giving us good health and protecting all Kenyans this far. I also want to sincerely thank the people of Eldoret South for giving me an opportunity to serve in this Tenth Parliament. I want to say that leadership comes from God and it is the same God that has really sustained us and given us peace. I want to reiterate that it is important for us to have peace because peace will foster development and bring unity among Kenyans. Where I represent, we did not have peace at the beginning, but as a leader I am proud at this moment that as we go for the general elections, we should pray for peace because it

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  • January 10, 2013 PARLIAMENTARY DEBATES 49
  • is important. I also want to thank the staff of this Parliament who have worked with us tirelessly and devoted their time making our work easy. I also want to say want to say that as we usher in the new Government I would wish that the Jubilee Coalition takes over so that we can have peace and foster development. I hope that the Jubilee Coalition will take over the leadership of this country because l believe that leadership is in God’s hands. Let peace reign over our nation so that we live in harmony. To me, Vision 2030, is critical for the development of this country. However, what is of great importance is that we should have all Kenyans having food on their table. We should not have Kenyans who sleep hungry, Kenyans who cannot send their children to school or Kenyans who do not have shelter like the Internally Displaced Persons (IDPs) who still do not have shelter. It is important that as we talk about development, the basic needs of our people are taken care of.
  • Charles Onyancha

    Mr. Temporary Deputy Speaker, Sir, I also want to rise in support of this Motion. I want to start by sincerely thanking the great people of Bonchari for electing me and my party ODM for returning my stolen ticket during the nominations which eventually brought me to Parliament. I want to thank the following people. First, my party for appointing me to very important committees such as Public Accounts Committee (PAC), Committee on the Implementation of the Constitution (CIOC), the House Business Committee under His Excellency the Vice-President and Minister for Home Affairs who has served us very well. I want to say that I came to Parliament and felt completely at home from day one mainly because I knew many people who were here before. His Excellency the Vice- President and Minister for Home Affairs and I worked in the same building when we were in our 20s. Therefore, I was in good hands. Others include Prof. Ongeri, G. Nyamweya whom I grew up with in the great hill of Nyanchwa, my neighbours, Dr. Robert Monda, Ndambuki, Muoki and Joe Nyagah, who were my bankers in the 70s, Mr. Dalmas Otieno in whose constituency I went to primary school. I followed him to Cardinal Otunga, Strathmore, the University of Nairobi and ALICO. Prof. Kamar was working under me as a Member of the Council at Moi University in the 90s and many others. Mr. Kimunya was our Chairman in the Institute of Certified Public Accountants of Kenya (ICPAK). I must also thank His Excellency the President, His Excellency the Vice-President and Minister for Home Affairs and the Rt. hon. Prime Minister for the good work they have done in putting the kingpin in the country together. However, when we were paying tribute to the President, we forgot to thank his wife and family. All the families of all the people I have mentioned and all politicians really sacrifice for us to be here. We must recognize the role they play and thank them most sincerely. We have tried in this Parliament to push the agenda of the youth, women and the aged. In the next Parliament, I hope that we will provide budget processors, payments for the aged across the whole society and for widows.

  • Nuh Nassir Abdi

    Mr. Temporary Deputy Speaker, Sir, I want to thank the people of Bura Constituency for giving me this wonderful opportunity to serve in the Tenth Parliament. It has been an excellent experience that I will cherish forever.

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  • January 10, 2013 PARLIAMENTARY DEBATES 50
  • Secondly, I want to thank my party leader and good neighbour, the Vice-President and Minister for Home Affairs, hon. Kalonzo Musyoka. He has been an excellent neighbour and when things were in turmoil between Bura, Mwingi North and Mwingi South, we worked amicably and ensured that our people lived in peace and in harmony. Mr. Temporary Deputy Speaker, Sir, I also want to thank many hon. Members in this House who have made me what I am, you being one of them. I want to say a very big thank you and I wish all of you luck. Lastly, I would want to urge the people of Tana River and the people of Tana Delta that at times we need to put our difference aside just for the sake of all of us. The bloodletting in Tana River has never stopped and the Government is not coming with enough help. It is only to call upon our people that it not time to feud. It is not time for conflicts and that we should put our hands down and show the way forward because we all require each other. This is a challenge also to the Ministry concerned because the last time we called for the intervention of the military we were told that enough contingents of policemen will be sent to Tana River. However, even as we seek solutions and what are the causes of fighting in Tana River, where is the police presence and security arms to ensure that people in Tana River do not continue killing one another. This needs to be acted upon urgently and I urge the Ministry to ensure that as we go into elections, we do not have the bloodletting that is currently happening in Tana River.
  • Ntoitha M'mithiaru

    Mr. Temporary Deputy Speaker, Sir, thank you for giving me this opportunity. Let me also add my voice as a proud man associated with the Tenth Parliament. We had done great and it is on record that we have done Kenya proud. Let me also take this opportunity to thank and commend His Excellency the President, the Prime Minister and the Vice-President for the joint efforts that they have made to ensure that Kenya is one. We know when we started in 2008, the country and the economy was in a shambles, but the way they have held us together has actually worked beyond our expectations and they get my commendation. Mr. Temporary Deputy Speaker, Sir, lastly, is for the Speaker, Mr. Marende on the way he has steered and guided this House and the entire Speaker’s Panel. They have done a commendable job. Lastly, I would like to commend my own constituents of Igembe North who elected me to Parliament and they have given me an opportunity to be associated with the Tenth Parliament and all the milestones and achievements that we have done. I thank all my Igembe North people and tell them that come now next time they are going to give me another lease to ensure that I continue with the development projects that I have already done. Lastly, I thank all my colleagues here and for the opportunities that we had. I am sure for those who are going for senatorial seats, I wish them well. For those going for gubernatorial seats, I wish them well and for my colleagues who are coming back here, let us go as ambassadors of peace to ensure that we conduct peaceful and nice elections. Otherwise, I wish everybody a fantastic and a happy 2013. Thank you.

  • Ekwee David Ethuro (The Temporary Deputy Speaker)

    For the next lot of contributors, I will reduce it to one minute. Hon. Lekuton.

  • Joseph Lemasolai Lekuton

    Thank you, Mr. Temporary Deputy Speaker, Sir. I would like to thank the people of Laisamis for giving me the chance for serving them for five years and

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  • January 10, 2013 PARLIAMENTARY DEBATES 51
  • it is only them who will decide if I will deserve another term. As far as I am concerned, I think I have done enough for them and I will continue to do more. I would like to thank the Speaker of the National and the Speaker’s Panel for showing an incredible example through the House Business Committee (HBC). Every single Bill has gone through this House. I would also like to thank the President, Vice- President and Prime Minister for making sure that this country has been very peaceful for the last five years. I think they have done very well. I would also like to thank my fellow Members of Parliament for supporting my three Bills which have been signed by the President – Unclaimed Assets Bill, the Animal Technicians Bill and, hopefully, the one that is now pending, the Mental Health Bill which will be able to be completed soon.
  • Mr. George Nyamweya

    Mr. Temporary Deputy Speaker, Sir, I would like firstly to thank the people of Kenya, especially President Mwai Kibaki for the honour and privilege that have been accorded to me as a person to serve in the National Assembly as a nominated Member of Parliament. I have enjoyed giving service here to the country in the Departmental Committees on Justice and Legal Affairs and Defence and Foreign Relations. I would just like to tell Kenyans that as we go to elections the Constitution we have put into place will help serve our country, and will help guide us. We should begin to look at its letter and spirit, so that we can move our great country forward. One most important thing we have done as the Tenth Parliament is to also pass the Universities Act. We urge the incoming Government---

  • Abdul Bahari Ali Jillo

    Mr. Temporary Deputy Speaker, Sir, I want to congratulate the President, Prime Minister and the Vice-President and Minister for Home Affairs for a job well done in terms holding this country together. Mr. Temporary Deputy Speaker, Sir, secondly, I want to thank my constituents for continuously showing confidence in me, and, no doubt, this time they will be with me. The only other thing that I want to do is to urge my colleagues and the rest of Kenyans that it is a big test for us to ensure that the coming elections are going to be peaceful. I have had an opportunity to serve in the Pan African Parliament, courtesy of this House; I am very grateful for this. I cannot speak of anything else, but a peaceful election. The rest, as Members have seen today, is that you are in this alliance today and tomorrow you are in the other. Do not take it seriously; we should move forward as Kenyans.

  • William Kabogo Gitau

    Asante Bw. Naibu Spika wa Muda. Ninataka nichukue fursa hii kwanza niwashukuru sana wapendwa wakaaji wa eneo la kisiasa la Juja kwa sababu ya kunileta hapa Bungeni. Mwanzoni mwa 2002, wakati wa KANU ulikuwa wakati wa kuibiwa mchujo; lakini wakaaji wa Juja walikataa na mimi nikiwa katika chama kidogo cha Sisi kwa Sisi. Nilikuja hapa Bungeni na nikafanya kazi. Mwaka wa 2007, pia wakanichagua lakini nikaibiwa kura tena; nilirudi tena mwaka wa 2010 wakanipigia kura. Wakati huo ninakumbuka Makamu wa Rais alikuwa upande ule mwingine na wengine wakijaribu kuniondoa; hata rafiki yangu mhe Uhuru---

  • Gideon Mbuvi Mike 'Sonko'

    Mr. Temporary Deputy Speaker, Sir, I take this opportunity first to thank God; I thank all my colleagues in this House for the short time we have been together.

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  • January 10, 2013 PARLIAMENTARY DEBATES 52
  • Mr. Temporary Deputy Speaker, Sir, once somebody is trusted by his people, or once any Member is trusted as a leader, he must put into consideration the seats we hold, whether as a Member of Parliament, a councillor, a senator or a governors. These seats will have their owners. They belong to the great people who are going to vote for us. It is for this reason that I take this opportunity to thank my great people of Makadara for voting for me.
  • Ekwee David Ethuro (The Temporary Deputy Speaker)

    We will take hon. Rai and then, finally, the Vice-President and Minister for Home Affairs will conclude debate.

  • Samuel Gonzi Rai (The Assistant Minister for Lands)

    Nashukuru, Bw. Naibu wa Spika, kwa kupata nafasi hii ili niweze kuwashukuru watu wa Kinango kwa kuniweka katika Bunge hili sasa nikitimiza miaka 15. Ninamshukuru Mwenyezi Mungu, nikisema asante kwa yale ambayo niliweza kuyafanya kwa kipindi hicho. Ni imani yangu kwamba niliyafanya kwa uwezo wake Mola. Tunapokwenda kufanya sasa, maombi yangu ni kwamba Wakenya waiombee nchi hii kwa sababu uchaguzi unafuata si wa kawaida; na kwamba yale yatakayoipata umma tarehe 4.3.2023 tumeze kuyapokea kwa mikono miwili tukiwa na imani kwamba yote yatakuwa kwa uwezo wake Mwenyezi Mungu. Sisi kazi yetu ni kuomba. Analoitikia Mwenyezi Mungu ndilo litakalo kuwa. Kwa hivyo kwetu ni kumuregeshea Mwenyezi Mungu ahsante. Miaka mitano ni muda mrefu. Kwa sababu bado ninavuta pumzi za uhai, ninamatumaini kwamba tarehe 4.3.2013 nitakuwa kwenye kinyang’anyiro ili kuangalia hatima ya maisha yangu ya kisiasa.

  • Ekwee David Ethuro (The Temporary Deputy Speaker)

    Time up, Mr. Rai. Your Excellency the Vice-President and Minister for Home Affairs, you have four minutes.

  • Gideon Ndambuki (The Vice-President and Minister for Home Affairs)

    Mr. Temporary Deputy Speaker, Sir, it is appropriate that all of us have said “thank you” to God for He has been faithful and gracious to all of us, Members of the Tenth Parliament. I want to congratulate my friends for paying tribute to the leadership of this country. Specific mention has been made of the Vice-President and Minister Home Affairs, and I cannot take that for granted. Some of the words, like those of my friend, hon. John Mututho, were truly touching. The little things that we do sometimes do not mean much, but I think others do observe. This has been a tremendous company of leaders. As we go out, I repeat my remarks that I wish all of us well. I wish all of us God’s success and His own will. Let us hold together those values which make us one nation. I repeat that we put Kenya first and follow thereafter. We have paid tribute to our men and women who were doing a great service to us in Somalia. We continue to pray for them. Hon. Sam Ongeri, in particular, did pay tribute to them. We all join him in that regard. Of course, I am very grateful to the Commander-in-Chief of the Armed Forces, President Kibaki because when we got together to stabilise this nation, there were those of us who, perhaps, did not understand. What informed my decision was the fact that you cannot, as they say in Kiswahili Language, help repair your neighbour’s house as yours crumbles. We had time to do a great job, in terms of bringing peace in the sub-region. When I left briefly, I had the privilege of meeting with the First Sudanese Vice- President, hon. Ali Osman Twaha, who gave me a briefing just like he gave a briefing to

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  • January 10, 2013 PARLIAMENTARY DEBATES 53
  • President Kibaki just the other day; on the status of negotiations between the Sudan and the Republic of South Sudan. This country was able to spearhead the Comprehensive Peace Agreement Arrangement. This is what we meant. We would work hard in the region. Therefore, some of us could not bear the pain of losing the country that God has chosen to place us in. I want to thank my colleagues who have been serving in the House Business Committee; my two deputies, hon. Kimunya, hon. (Dr.) Sally Kosgei. They were there for me when I could not manage to be here. To all of you, again, I want to truly say “thank you”. Mr. Temporary Deputy Speaker, Sir, now allow me to move the Motion before the House. Thank you.
  • Ekwee David Ethuro (The Temporary Deputy Speaker)

    Hon. Members, on behalf of the Speaker’s Panel, I also want to thank all of you for the kind words you have showered to the Office of the Speaker. We appreciate that without the requisite discipline from the membership of this House, even the Speaker would have been unable to enforce discipline as it takes two to tango.

  • (Question put and agreed to) The House Adjourned Sine Die at 6.30 p.m.
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