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  • Sitting : National Assembly : 2013 06 06 14 30 00
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  • Page 1 of Thursday, 06th June, 2013
  • June 6, 2013 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY
  • OFFICIAL REPORT

  • Thursday, 6th June, 2013
  • The House met at 2.30 p.m.
  • [Hon. Speaker (Hon. Muturi) in the Chair]
  • PRAYERS

  • PAPER LAID

  • The following Paper was laid on the Table:- Report of the Budget and Appropriations Committee on the Division of Revenue Bill, 2013.
  • (By hon. Musyimi)
  • NOTICE OF MOTION

  • ADOPTION OF REPORT ON DIVISION OF REVENUE BILL

  • Mutava Musyimi

    Hon. Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Budget and Appropriations Committee on the Division of Revenue Bill, 2013, laid on the Table of the House today, Thursday, 6th June, 2013.

  • John Mbadi Ng'ong'o

    On a point of order, hon. Speaker, Sir. I rise on a point of order regarding the notice of Motion that my Chair has just given. Looking at the Order Paper and without pre-emptying debate, there is something to do with the Division of Revenue Bill. So, I do not know how we are going to marry the two. That is why you need to give direction as to how we are going to marry the Report of the Budget and Appropriations Committee and Order No.9 on the Division of Revenue Bill.

  • Hon. Speaker

    Thank you, hon. Mbadi for raising that point. I am informed that there is a Supplementary Order Paper being circulated either now or shortly hereafter in which the order of business will be different. Order No.8 will not be what it is and possibly, Order No.9 will follow below. That is the explanation.

  • BUSINESS FOR THE WEEK COMMENCING FROM 11TH TO 13TH JUNE, 2013

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  • June 6, 2013 PARLIAMENTARY DEBATES 2 Hon. A.B. Duale

    Hon. Speaker, Sir, pursuant to Standing Order No.44(1), on behalf of the House Business Committee (HBC) I rise to give the following Statement regarding the business appearing before the House next week. Hon. Speaker, Sir, next week, the House is expected to debate the Report of the Budget and Appropriations Committee. The House will also consider for debate the following two Motions: One, the Motion by hon. James Gakuya urging the Government to, among other measures, devise friendly waste disposal means. That includes putting up of recycling plants within the dumpsites that will ensure garbage collection and disposal from the point of generation. Two, the Motion by hon. David Ouma Ochieng urging the Government to immediately recruit and deploy, at least, 4,000 clinical officers, 4,000 nurses; and a further 3,000 clinical officers and 3,000 nurses annually and deploy them equitably to all counties in order to alleviate the suffering of the citizens and help provide both curative and preventive health care services to the people of Kenya. The HBC will sit again on Tuesday, 11th June, 2013 at the rise of the House to schedule business for the rest of the week. I hereby table the Statement.

  • (Hon. A.B. Duale laid the Statement on the Table)
  • June 6, 2013 PARLIAMENTARY DEBATES 2 Hon. A.B. Duale

    Hon. Speaker, Sir, I have two statements to make. One was requested by hon. (Ms.) Rachel Shebesh and the other one by hon. Eng. Nicholas Gumbo. You will give directions as to which one I should give now.

  • Hon. Speaker

    Depending on the length of the discussions that may follow by way of clarifications and because of the business that is just about to commence according to the Supplementary Order Paper, I think you should first of all lay the one that came first and then I will give directions regarding the rest.

  • STATEMENTS

  • ALLEGATIONS OF PROSTITUTION IN UNIVERSITIES

  • Aden Bare Duale

    Hon. Speaker, Sir, I will start with the Statement sought by hon. (Ms.) Shebesh. It is on the issue of prostitution in all universities. The issue of prostitution among university students was recently raised on the Floor by hon. (Ms.) Shebesh. It has also been raised quite a number of times in the media for a long time. It is important to know that no substantive evidence has been received by the Government on the vice occurring within the precincts of the universities and other institutions of higher learning. Such instances could, however, occur outside the learning institutions. Casual factors for such a vice could be related to high levels of poverty, moral decadence in society, the internet and the social media. In order to address such factors, the Government, through the universities and other institutions of higher learning, has initiated several measures including the following:- (i). Rules and regulations to govern the conduct of students within the universities. Those rules are enforced and those who violate them are disciplined according to the university disciplinary procedures.

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  • June 6, 2013 PARLIAMENTARY DEBATES 3
  • (ii). The establishment of student support services that address students’ needs to mitigate such vices. Such services include guidance and counseling services and peer education programmes that have been established in all our universities and institutions of higher learning.
  • (iii) The appointment of hostel wardens who are senior and experienced members of staff to address student issues within the hostels.
  • (iv). Partnering with various religious organizations to provide spiritual nourishment in the institutions among our young people and facilitating and encouraging healthy growth of the young people in our institutions.
  • (v). Where accommodation is not available within the universities, the universities have partnered with the local community and the private sector to provided housing within the vicinity of the university. In such circumstances, the universities have entered in agreement with the providers of those services to ensure the safety of students and also afford them an opportunity to monitor their activities to root out vices such as prostitution.
  • (vi). A number of universities such as Moi University accommodate all the regular students within the university. Others are constructing hostels for the female students. A case in point is Masinde Muliro University of Science and Technology which is constructing a hostel to accommodate over 1,000 female students. Similarly, the Government, through HELB, continues to disburse loans and bursaries to students in the universities to cater for fees, accommodation and subsistence expenses for mainly disadvantaged students in our country. In order to increase the amount of funds available for the disbursement of those loans, HELB has stepped up its efforts to recover loans from past beneficiaries in order to increase the funds available to students. Hon. Speaker, Sir, the University Act No.42 enacted in 2012 proposes the establishment of a university funding board to undertake funding activities of universities. The board will raise funds from non-traditional sources through methods such as endowment fund, donation from partners, and grants from the Exchequer, among other sources. To address the matter further, the Ministry, in conjunction with universities and other institutions of higher learning, proposes to organize a forum to discuss the issue and come up with practical solutions to address it. Finally, the issue of prostitution requires a concerted effort involving many stakeholders, including law enforcing agencies to enforce the law and bring the culprits to book, as well as parents and guardians who are to guide and counsel the students in order to provide both material support and moral support for their children.
  • Rachel Wambui Shebesh

    Hon. Speaker, Sir, I want to thank the Leader of the Majority Party for the answer. However, I want to say from the outset that I was categorical in my question. I asked about universities and other colleges because this is a vice that also exists in some of our colleges in urban areas, especially Nairobi. Universities in this country admit parallel students. They receive hundreds of millions of shillings. The reason many young girls would turn to prostitution, even after having performed very well and admitted to the universities, is that the universities no longer offer loans and the basic necessities needed for one to survive in a university.

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  • June 6, 2013 PARLIAMENTARY DEBATES 4
  • They are lured into this vice by other students; mainly male students who act as pimps or homies. The Government needs to clearly state why the money that is being collected through the parallel programme cannot be channeled to return the university to what we used to know; where parents were sure that their children had gone to the university to get education. Why is it that pimps who are well known in the establishments have not been arrested and brought to book?
  • Hon. Speaker

    I suspect hon. Onyonka, being better in height than hon. Wakhungu---

  • Richard Onyonka

    Hon. Speaker, I would like the Leader of Majority Party to explain something. In many countries in the western world and, indeed, in some of our African Countries, within the university campuses, you have governments which have set up security networks or police networks within the campuses which would stop any activity that is illegal within those universities. Some of those governments, other than our Government, have actually set up CCTVs everywhere in those universities so that when any crime takes place, the Government is able to know what happened and how it happened. Would the Leader of Majority Party explain why that is not possible up to now?

  • Chrisantus Wamalwa Wakhungu

    Thank you, hon. Speaker. Mine is a request for a statement or clarification not from the Leader of Majority Party, but from the Chairman of the Constituencies Development Fund Committee.

  • Hon. Speaker

    We are not yet there.

  • Chrisantus Wamalwa Wakhungu

    Okay

  • Hon. Speaker

    I thought hon. Wakhungu is a fast learner. We are seeking clarifications for the statement just issued. Hon. Gikaria, you have an intervention?

  • David Gikaria

    Yes, hon. Speaker

  • Hon. Speaker

    Is it on the Statement?

  • David Gikaria

    Yes. It is on the statement. Hon. Speaker, I stand to be corrected. The statement sought by hon. Shebesh is very vital and important. We need to discuss it. However, I was just requesting if we can just defer it to some other time because, if you look at the Gallery, there are kids, pupils and students.

  • Hon. Speaker

    As you know hon. Gikaria, the business of the House cannot surely be deferred and we must continue with our business.

  • Alois Musa Lentoimaga

    Hon. Speaker, I think this is a critical issue, even though the Leader of Majority Party said that there is no evidence. But I think we need to revisit this issue. Maybe, we need to set a date and talk about it or move a Motion. There are cases where this particular issue has caused death and the Press has really been putting it across and we have witnessed students dying while being lured to certain places to be given money, drinks and drugs.

  • Hon. Speaker

    Hon. Lentoimaga, if as you say, in your view, you consider the matter to be of national importance, serious enough to warrant the adjournment of the House for debate, you know the usual methods under Standing Orders. You cannot now rise in your place and claim that you want the House to move that way. Is that hon. Sakaja who wants to say something?

  • Johnson Arthur Sakaja

    Thank you, hon. Speaker, Sir.

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  • June 6, 2013 PARLIAMENTARY DEBATES 5 Hon. Speaker

    Your name is shown here as hon. Shebesh, hon. Sakaja. I doubt that, that is actually the case.

  • (Laughter)
  • Hon. Speaker

    You see, the problem is that Members do not want to make interventions by pressing the appropriate buttons. Instead, you want to rise up in your places and the machine does not quite see people. Maybe, for some reason---

  • Johnson Arthur Sakaja

    Thank you, hon. Speaker, Sir. I would like to confirm to the House that I am, indeed, not hon. Shebesh. I am hon. Sakaja Johnson. I would like to seek further clarification on this matter because, indeed, it is a grave issue. It is really sad. When you compare those young girls in the universities, they are not in any way like the ones we have seen in the cases down at the Coast, who had an unfortunate incident a few weeks ago. That was about bestiality. Those are young girls who are in campus. Those are intelligent young girls; young girls who have qualified to go to university. So, indeed, there is a bigger problem. We need specific answers from the Leader of Majority Party as to what social welfare and also support system is available for the students. Many of the students, as you know, who are in the parallel degree programme, are destitute. In as much as they have found a way to get their fees paid, I know students who are sharing rooms. Some are sleeping on the floors and some are doing two or three jobs a day. Is the Government really concerned about the welfare of those students? Can the Higher Education Loans Board programme be expanded? We need specific measures because, if this is happening to students and young people at that age, then it is a worrying situation for the country. Even the students who might be in the gallery, as one hon. Member has said, I think they are right to be here to listen to this. That is because they are also going through the same issues. I would, therefore, like a clear step taken even if it takes some time, for the Government to tell us--- We need clear steps of social welfare system for students in universities. A university like the University of Nairobi has so much land and yet, the students are sharing rooms. I was a student leader there just a few years ago and the situation of the students was really bad. Some students go without food. In as much as the food in the mess is cheap, they cannot afford it. We really need some clear steps or measures taken by the Government. Thank you, hon. Speaker Sir.

  • Hon. Speaker

    Remember hon. Members that you are also at liberty to move Motions urging the Government or whoever to move in a particular direction that you would want the House to express itself on or, indeed, create a mechanism by which you may specify the direction that you may wish either the Government as the Government or the administration of specific institutions to address some of the issues. I quite appreciate that it may be very difficult to get some of the appropriate responses through a statement. Nevertheless, Leader of Majority Party, perhaps, you could make some clarifications.

  • Aden Bare Duale

    Thank you, hon. Speaker, Sir. Hon Shebesh asked about funding. The universities are getting a lot of funding from the parallel degree programmes. I think the universities, like any other institutions in this country, must account for the funding.

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  • June 6, 2013 PARLIAMENTARY DEBATES 6
  • For me, it is a social issue for the community to deal with. Religious leaders must sit down and address it as a social problem. The problem is not only in the universities; it is in all sectors of life. In some streets of Nairobi and other big cities of this country, all that you see after 6.00 p.m. is similar to what you would see in Amsterdam, where that kind of business has been legalised. So, it is a challenge to us leaders. It is a challenge to the Government and to our religious leaders. It is a challenge to the people who want to build a society that is anchored on good morals. This starts at the family unit and goes up to the leadership of the country. On the matter raised by hon. Sakaja, I am sure the Government can do better than it is doing. I will pass on the message on the support system, welfare and the up-scaling of Higher Education Loans Board (HELB) allocation to students. As a matter of urgency, the allocations by HELB must be increased but, again, I am sure that all of us here and the universities can play a very important role. We saw what a British man, who was in our country illegally, was doing in Mombasa. That was not even in the universities. Somebody within the Immigration Department failed in his duties. Somebody in Mtwapa could not vet those guys. We have the intelligence services within the Government. As a country, we need to organise a conference to see how it is shaping itself. Hon. Speaker, Sir, finally, I think an hon. Member should come up with a Bill to even regulate the content that a minor can watch on the internet. It has happened in other countries. Today, an 11-year old minor can google and watch pornographic videos on the internet. We must look at the Communications Bill afresh with a view to safeguarding our young people from illicit content in the internet. This is an issue which the leadership and the Members of this House can look into with a view to bringing a Bill to guide us on how to regulate what is harmful and what is good for our children, as we provide them with laptop computers. Thank you, hon. Speaker, Sir.
  • Hon. Speaker

    Leader of the Majority Party, it appears like there is sufficient time for you to deliver the other Statement, if it is not too long. There are several hon. Members who have made requests for statements.

  • Aden Bare Duale

    Hon. Speaker, Sir, it is not too long.

  • Hon. Speaker

    Please, go ahead.

  • ALLEGED DENIAL OF VIP LOUNGE ACCESS TO FORMER PM

  • Aden Bare Duale

    Hon. Speaker, Sir, the Member for Rarieda, hon. Nicholas Gumbo, who is my food friend, sought a Statement on the circumstances that led to the former Prime Minister (PM) of the Republic of Kenya being denied access to the VIP Lounge at Jomo Kenyatta International Airport (JKIA). On the outset, as a good friend and good student of the former PM, I condemn that act. On behalf of Parliament, I want to apologise. However, because I am the bridge between the Government and Parliament, I am obliged, under the Constitution, to read to Parliament the Report from Government pertaining to the matter. Hon. Speaker, Sir, on the outset, I want to state that the airport has three categories of lounges as follows:-

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  • June 6, 2013 PARLIAMENTARY DEBATES 7
  • (i) The State Pavilion, which is meant for the President of the Republic of Kenya and any other visiting Head of State. (ii) Government VIP 3 Lounge, situated at Unit 3, which is meant for serving Vice-Presidents, visiting PMs and their equivalents and former Heads of State. (iii) Government VIP 2 Lounge, situated above Unit 2 Departures, which is meant for Ministers, Heads of Diplomatic Missions and other Government VIPs, including MPs, Senators, Governors, Cabinet Secretaries, et cetera, on pre-arrangement, where security measures are put in place as appropriate.
  • I would like to table the schedule of usage for VIP lounges at the JKIA and domestic airports as Annex I, which was developed by the Government in 2003.
  • (Hon. A.B. Duale laid the document on the Table)
  • Hon. Speaker, Sir, reports have appeared in a section of the media suggesting that the former PM, Hon. Raila Amolo Odinga, was denied access to and use of the Government VIP lounges on Monday, 3rd June and Tuesday, 4th June, 2013. On Monday, 3rd June, 2013, at about 1400 Hours, the former PM passed through JKIA, en-route to Kisumu; and his aides wanted him facilitated through VIP Lounge 3, and his motorcade to be given access to the air-side. The PM’s aides were advised that the access for vehicles to the air-side was restricted and that the former PM could be facilitated through VIP Lounge 2. When the former PM eventually arrived at the airport, he was requested to proceed to VIP 2 but he opted to proceed through the normal domestic departure to the Kenya Airways Lounge. Thereafter, he boarded his flight and departed. He was given a Kenya Airports Authority (KAA) officer to ensure his smooth facilitation.
  • On 4th June, 2013, the former PM arrived at the JKIA from Kisumu aboard Flight KQ659 at about 1910 Hours. His aides tried to force their way through Unit 3, Domestic Arrivals; without access passes. However, the aides, namely, Ibrahim Ouma, George Jogo, Corporal Kennedy Otieno and Police Constable George Onyango, were later issued with temporary airport passes to enable them receive the former PM. He was also given a KAA security officer to ensure both his arrival from Kisumu and subsequent departure to South Africa on Flight KQ764 at about 2040 Hours was smooth. The VIP 2 Lounge was available for his use.
  • Hon. Speaker, Sir, it is, therefore, misleading for the media to report that the former PM was mistreated and handled differently from other dignitaries of his VIP status. The Government would like to reiterate that the former PM has unrestricted, unlimited and unconditional access to VIP lounges in all our international airports in Kenya.
  • Hon. Speaker, Sir, control of access to the restricted areas is an international requirement as stipulated in the International Civil Aviation Organisation (ICAO). Failure to comply with the security measures as per the international standards and recommendations could result to the airport being blacklisted and downgraded by ICAO, International Air Transporters Association (IATA), Kenya Civil Aviation Authority (KCAA) and other international bodies.
  • I now table an annex of the international requirements as Annex II; I am doing this because I am not the Government. I am a Member of Parliament for Garissa Town. I
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  • June 6, 2013 PARLIAMENTARY DEBATES 8
  • am the conveyor. So, I want to make sure that all the documents are in place. This is what does not allow somebody to use VIP lounges.
  • (Hon. A.B. Duale laid the document on the Table)
  • Hon. Speaker, Sir, in view of the new structure of the Government, a process of reviewing the policy on access to Very Important Persons (VIP) lounges has started. In addition, the Kenya Airports Authority (KAA) is in the process of establishing a Commercially Important Persons (CIP) lounge near Unit 3. The lounge will take care of important and esteemed personalities. It will give them the premier service they deserve like any other airport in the world such as Dubai, Heathrow and many others. A vehicle to deliver these VIPs to their flights will be part of the package. This lounge facility will be ready within a year. I want to confirm that we will not, as a Parliament and as a Government, disrespect our leaders. We respect our leaders. We respect our former Prime Minister, Vice Presidents and anybody who wants to humiliate them is not in the Kenya of today. We respect the Government of President Uhuru Kenyatta, the one of former President Kibaki and Prime Minister, Raila Odinga, the former Vice President, even former Members of Parliament and former Cabinet Ministers. We are a country that respects the leadership; we will respect them and we will not allow anybody to disrespect them; this is the information that the Government has brought.
  • Thank you.
  • (Applause)
  • Hon. Speaker

    Hon. Gumbo.

  • Nicholas Gumbo

    Hon. speaker, Sir, I wish to thank the Leader of the Majority Party for that very comprehensive statement and I want to believe it is a statement that he has delivered from his heart. However, as I do that, I want to say here that this statement goes beyond the Prime Minister. I want to say it on the Floor of the House that the crying shame of our country is the way we treat our heroes. I say this because we easily roll out red carpets to foreigners but when it comes to our heroes we treat them with a lot of sneering.

  • Nicholas Gumbo

    Hon. Speaker, Sir, allow me to indulge the House a little bit. Seven years ago, we swung open the doors of our VIP lounges to two international crooks, whose mission we did not know and we still do not know in this country. Four years ago, an athlete by the name of Usain Bolt came here and people were running over each other trying to get his autograph. He was even taken to the Animal Orphanage where he adopted a cheetah, which I am told almost died of malnutrition later, yet in this country we have our own David Lekuta Rudisha, whose achievements for me are much bigger than those of Usain Bolt.

  • (Applause)
  • Nicholas Gumbo

    Hon. Speaker, Sir, it is important that these things are put in perspective because sometimes we as Kenyans take for granted what Kenya has achieved. I am a great lover

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  • June 6, 2013 PARLIAMENTARY DEBATES 9
  • of sports and in my mind nobody has done more for Kenya than our sportsmen and women. Not many people know that since 1968, when Kenya first participated in the Olympic games, Kenya has won 25 gold medals out of all the 28 that have been won in East Africa, yet today if you ask these men and women to tell you who these heroes are--- Indeed they are heroes; they will probably remember Ezekiel Kemboi and David Rudisha, yet the other athletes are truly heroes.
  • Hon. speaker, Sir, turning to the matter at hand, I want to say here very categorically that February 2008 may look a long time ago, but if the Right Hon. Raila Amolo Odinga had not opted to vote for peace, perhaps, this Assembly would not be sitting here today. This is a man who deserves respect. It is all very well for the Leader of the Majority Party to speak of what the Government has done and what they are intending to do, but I want to say that some people in the Jubilee Government are excited and they are behaving as if they are drunk. I will say this---
  • Hon. Speaker

    Now, is the clarification you are seeking about their level of intoxication or excitement?

  • (Laughter)
  • Nicholas Gumbo

    No, hon. Speaker, Sir. It is very important that I say this:

  • Hon. Speaker

    No. Hon. Gumbo, what I am trying to do is to take you back to what you said. We have given you sufficient time to talk about athletes, athletics and all other things, but surely now you have gone into the area of intoxication and excitement, seek you clarification.

  • Nicholas Gumbo

    Hon. speaker, Sir, the clarification I want to seek is that the Leader of the Majority Party means well, and I know senior members of the Jubilee Government mean well and he has given us what they intend to do. However, first of all, I would want him to apologise unconditionally to the Right Hon. Prime Minister and give us an assurance that such a shameful act will never again occur to a man who has done so much for this country.

  • Nicholas Gumbo

    Thank you, hon. Speaker, Sir.

  • Hon. Speaker

    Obviously, hon. Gumbo wanted to debate something and I am quite certain that he has really done a good job.

  • Hon. Speaker

    Hon. Wandayi, you see, maybe actually, hon. Members, what I should now start doing is to punish hon. Members who do not apply their cards and think that they are going to be noticed on account that they may be as large as elephants or as tiny as mosquitoes. So, I want to encourage hon. Members to make their requests by use of their cards.

  • James Opiyo Wandayi

    Thank you, hon. Speaker, Sir. I also want to thank the Leader of the Majority Party for the very comprehensive statement he has given us and just to seek further clarification. However, before I do that, it is important to understand that a VIP status is not just conferred on people. It is something that is earned. It is obvious to all of us really that the Right Hon. Raila Amolo Odinga’s contribution to this country is what has made some of us even sit in this House and debate freely the way we are doing today; but then---

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  • June 6, 2013 PARLIAMENTARY DEBATES 10
  • Hon. Speaker, Sir, my first clarification is that the Leader of the Majority Party said that the VIP Lounge III is reserved for a certain category of people, who include former presidents. Why is a former Prime Minister not included in that category?
  • Two, could he clarify who is actually in charge of these VIP lounges? Is it the KAA, the Ministry of Foreign Affairs, the Office of the President or some operatives who are in some shadowy places, and whom we do not know?
  • Hon. Speaker, Sir, the third---
  • Hon. Speaker

    No debate. Two are enough. Actually, they are more than enough.

  • James Opiyo Wandayi

    Thank you very much, hon. Speaker, Sir.

  • Hon. Speaker

    Yes, hon. Yusufu Kifuma. That is the name that appears here.

  • Hon. Speaker

    How can you have been here for five years and you do not---

  • An hon. Member

    He has been here for ten years!

  • Hon. Speaker

    No, he has not been here for ten years; he has just been here for five years. Please resume your seat. You are totally out of order! You cannot just stand up as if you are on a dancing floor.

  • Richard Onyonka

    There are no cards!

  • Hon. Speaker

    Go and look for it; I am not the one responsible for issuing cards. You know who issues them. The Speaker does not issue them. I do not get upset; I just have to do what I must do. Hon. Members, you must not allow yourselves to do my work. Hon. Onyonka has understood where he should get his card from; not here in the Chamber.

  • Yusuf Kifuma Chanzu

    Hon. Speaker, Sir, I just wanted to commend the Leader of the Majority Party for the statement that he has issued in this House today; what happened to the former Prime Minister excites a lot of what we saw in the media. The statement he has given clarifies a number of issues; it is not only about the Prime Minister. There is a lot that needs to be done at our airports. Moi International Airport, Mombasa, is worse because sometimes you can end up losing something there because of the way the Kenya Airports Authority (KAA) people work there. So, I would like to tell the Government that the statement they have issued is very timely because many people are going to be using these facilities. I would like what he has told this House to be documented, so that there are some Ministries which will get it. These things keep changing and we cannot pin down anybody who causes such stuff. I want to urge the Government to put this in documentation and make it clear to the airport, so that when we go---

  • Dalmas Otieno

    Hon. Speaker, Sir, I am sure that the Leader of the Majority Party is aware that there is only one former Prime Minister living in this Republic and that, that former Prime Minister served under very unique circumstances. The post was created under the National Accord and Reconciliation Act and the Constitution of Kenya (Amendment) Act, 2008. Under those two pieces of legislation, he actually served as a co-principal with the former President, hon. Kibaki. Why is the Government refusing to recognize the unique position of hon. Raila Amolo Odinga as a former co-principal under special Acts of Parliament, so that where the former Heads of State go is where he goes, that is VIP Lounge III. He is the only one for whom we created this post. We could not get another title. We could not call him co-president. We said we should use the term “prime minister”, who was to serve for one term and then that title ceased to exist in our

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  • June 6, 2013 PARLIAMENTARY DEBATES 11
  • laws. So why would the Government deny him this facility? I am seeking this clarification because we have battled with this protocol issue for so long. There were attempts to equate the former Prime Minister with the Vice-President; it took time for it to be accepted that he was second only to the President. Why the refusal up to now to consider him as a unique case, a co-principal in the former regime in this Republic, so that he is accorded access to the VIP Lounge III in our airports?
  • Rachel Wambui Shebesh

    Hon. Speaker, Sir, my clarification is really on the statement because I am now getting a bit confused whether the statement that was sought by our colleague, hon. (Eng.) Gumbo, was specifically to ask that the Government considers that the former Prime Minister accesses the VIP Lounge III that is reserved for deputy presidents and former Heads of State, so that we do not debate on the premise of generalities. From what I am hearing, it seems that there is a specific request that he accesses the VIP Lounge III. Is that the clarification that hon. (Eng.) Gumbo was seeking, or was he seeking what happened, which was unfortunate, and which has been clarified and apologized for by the Leader of the Majority Party?

  • Hon. Speaker

    Leader of the Majority Party, I am sure Hon. Ng’ongo has not pressed his button; therefore---

  • Aden Bare Duale

    Hon. Speaker, Sir, again, with your indulgence, I want to set the record straight. As per the law passed in 2003, we have three categories of lounges and you know where every person belongs. It is this House and the Government that can again do a review of that. The State Pavilion is meant for the President of the Republic of Kenya and other Heads of State. The VIP Lounge III is situated next to the domestic departure, and is meant for serving deputy presidents, visiting prime ministers and their equivalent and former Heads of State. If you are a Member of Parliament you will not get access. If you are a Cabinet Secretary, you will not get access. If you are a vice-president of this country, you will get access. The third one is where all of us belong; it is the Government VIP Lounge II. This lounge is situated above Unit II Departures, and is meant for Ministers, former vice-presidents, former prime ministers---

  • Hon. Members

    No!

  • Aden Bare Duale

    It is also for Cabinet Secretaries, Members of Parliament and the diplomatic community. So, those are the three categories, and until and unless we change the law, that is where each category will go to, as far as the lounges are concerned.

  • (Loud consultations)
  • Aden Bare Duale

    If you protect me, I agree that---

  • John Mbadi Ng'ong'o

    On a point of order, hon. Speaker, Sir. There was a time I made a very passionate statement in this House. I said that sometimes you may not like someone but there is a good number of people who love and even adore him. Please, we are just requesting the Leader of the Majority Party--- I find it very difficult to interrogate the statement by him, because he is not speaking on behalf of the Government. He is just delivering a statement to us. Therefore, I would request that the Leader of the Majority Party asks the Government to ask the President and the Deputy President to reign in one Kimemia, who is a Cabinet Secretary, to make sure that he respects and upholds the

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  • June 6, 2013 PARLIAMENTARY DEBATES 12
  • dignity that we accord the former Prime Minister of the Republic of Kenya. It is sad to listen to the Leader of the Majority Party telling us that the VIP Lounge reserved for people like hon. Ng’ongo, who is the Member for Suba, and who has been in politics for a very short time, should be the same one to be used by one Raila Amolo Odinga, someone who was detained for eight years in this country for fighting for democracy. This is someone who even sacrificed the presidency for peace in this country.
  • Hon. Speaker

    Hon. Ng’ongo I notice that you are not seeking a clarification. You gave some very useful observation that the Leader of the Majority Party is merely conveying some statement from the Government. I thought you were going to say that he could also convey the other one back to the Government. I thought you were going to say that because you were doing very well at that point. This is because if he is just a mere conveyor of a message--- You started off very well that it was difficult for you to interrogate the Leader of the Majority Party because, if you remember, he started by giving an apology. Sometimes I think we tend to forget things very fast, like the rest of Kenyans. The first thing he did was giving an apology and stating that he felt sad, sorry and embarrassed that the former Prime Minister had to undergo what he underwent. So, unless we also want to do other things which may be part of our body chemistries, I think it is important for us to also--- He is conveying a message and he started by first of all apologizing. Hon. Ng’ongo, do you want to prosecute it further?

  • John Mbadi Ng'ong'o

    Thank you, hon. Speaker, Sir, for that guidance. I wanted the Leader of the Majority Party to convey this message because as I rightly put it earlier, the Leader of the Majority Party cannot purport to speak on behalf of the Government. We appreciate and thank him for the apology. However, the message that I want the Leader of the Majority Party to take to the Jubilee Government is that you cannot equate the former Prime Minister to hon. Ng’ongo and any other Cabinet Secretary or even hon. A. B. Duale. Please, allow the former Prime Minister to continue using VIP III Lounge and not VIP II Lounge. Since the election held on March, the former Rt. Hon. Prime Minister has used the Jomo Kenyatta International Airport (JKIA) not once, and this incident has never occurred. He has used the same lounge. Why has it become an issue now? It is because someone has thought it wise now to deny the former Rt. Hon. Prime Minister the Lounge for some ulterior reasons. That is why I am requesting the Leader of the Majority Party to relay the message that this person is very important to some people, and an example is hon. John Ng’ongo. Let them give me peace by allowing the former Rt. Hon. Prime Minister to use VIP III Lounge and not VIP II Lounge.

  • Hon. Speaker

    Very well. Let the Leader of the Majority Party continue to make his responses. Unfortunately, it will be the last.

  • Aden Bare Duale

    Hon. Speaker, Sir, first, I want to confirm that under the Constitution, I am the Leader of the Majority Party. In all presidential democracies, it is the Leader of the Majority Party who brings sentiments of the Government to Parliament and to hon. Members. I have accepted that I will take hon. Ng’ongo’s message but I will amend it and say that every group in this country has somebody it adores politically. There are those who adore the former Vice President and Minister for Home Affairs; there are those who adore the current Deputy President; there are those who adore the current Head of State and there are those who adore hon. A. B. Duale and hon. Ng’ongo.

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  • June 6, 2013 PARLIAMENTARY DEBATES 13
  • Every leader in this country is adored by some people, has a constituency and must be respected. That is what I will convey to the Jubilee Government. Secondly, my good friend, hon. (Eng.) Gumbo, asked about an incident that happened seven or four years ago. Yes, I am with him and I can tell him that he will not see here the Atur brothers during the reign of the Jubilee Government, nor will he see the Ocampos being given the red carpet welcome under the Jubilee Government. We will follow the law to the letter. So, be assured that this Government will go by the law. On hon. Ng’ongo’s issue, again it is this House - the HANSARD will prove me right - that approved 99 per cent the appointment of one Francis Kimemia as the Cabinet Secretary. He is in charge of the minutes of the Cabinet and not the Kenya Airports Authority (KAA), because that Authority has a management. We have the Ministry of Transport and Infrastructure led by the able Cabinet Secretary, Eng. Kamau. I do not see why Francis Kimemia’s name should feature in this case, because it is nowhere in the document that I have tabled. So, let us not bring personal issues here. Hon. Speaker, Sir, hon. Wandayi has talked about restricted areas. The law is very clear. For us to protect our airport from terrorism and for us to make sure that Delta Airline flies to Kenya and we have direct flights from JKIA to Washington, we must restrict access in the airport. I have already tabled the list of the people who are allowed access in the airport. This is the Head of State. However, in the near future, the KAA will provide a vehicle for the VIPs who want to be picked from the VIP Lounge to the aircraft. That is underway, but we cannot compromise security and international regulations that we have signed as a country. Hon. Chanzu has talked about loss of goods at the airport. I think that is a more complex matter because it involves airlines, but the KAA must make sure that the JKIA becomes the preferred destination across the region. Hon. Dalmas Anyango talked about political issues in the last Government. I want to assure him that this is a unitary Government and there are no political issues. There is the Head of State, the Deputy President and the Cabinet. The last Government went when Kenyans went into elections on 4th of March and they elected a new Government. What happened in the last election will not be reason for what will happen now. If I go back to that, I would like to tell hon. Members that there was a Retirement Benefits Bill, or package, for the former Prime Minister, the former Vice President and Minister for Home Affairs, the former Speaker and the former Deputy Speaker, which was rejected. If you fast-track that Bill, the former Prime Minister, the former Vice President and Minister for Home Affairs and the former Speaker will have a law that will protect them, give them direct access, give them security and all that they need in this country. Hon. Speaker, hon. Shebesh requested me to clarify on the lounges and I have done this. We have three lounges namely the State Pavilion, VIP Lounge III and the Government VIP Lounge.
  • John Mbadi Ng'ong'o

    On a point of information, hon. Speaker, Sir.

  • Hon. Speaker

    Hon. A. B. Duale, do you want the information?

  • Aden Bare Duale

    Hon. Speaker, Sir, I do not need his information.

  • Hon. Speaker

    Proceed!

  • Aden Bare Duale

    Hon. Speaker, Sir, I am ready to communicate his plea on behalf of his leader and any other leaders. From today, you should know whether you

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  • June 6, 2013 PARLIAMENTARY DEBATES 14
  • belong to the State Pavilion, the VIP Lounge III or the Government VIP Lounge, like hon. A. B. Duale. This is very clear in the law and this House can amend it. I think I started with hon. Ng’ongo’s clarification, and I can assure him that the Jubilee Government and the people of Kenya respect the Rt. Hon. Prime Minister. If you do not respect the former Rt. Hon. Prime Minister, then you are out of your mind. He has made a contribution to this country the way the late Jomo Kenyatta made his contribution, the way hon. Ng’ongo made a contribution in the last Parliament, and the way everybody has made a contribution. So, there is nothing you are protecting the former Rt. Hon. Prime Minister from.
  • (Loud consultations)
  • Hon. Speaker, Sir, we should not have people pretending that they want to protect the former Rt. Hon. Prime Minister. Even some of us want to stand and protect him, because he is not an entity of a community. He is a Kenyan leader, he has a history and we will respect him. To the few people who are saying that they want to protect Raila Amollo Odinga, I would like to tell them that he does not need their protection. This is because Kenyans and the Constitution protect him. We know his history, his legacy and we will respect him.
  • (Hon. (Dr.) Simiyu consulted loudly)
  • Hon. Speaker

    Hon. (Dr.) Eseli, if you have an issue, you know how to go about it. When another hon. Member is speaking and then you begin shouting across as you have just done, you are totally out of order! You should wait for him to finish; I can see your name here and I will give you a chance. Hon. (Dr.) Eseli when you speak loudly, as you have done, obviously, you make the new Member, Dr. Nyikal, who is seated next to you, to think that, that is the way to do things every day.

  • (Hon. (Dr.) Simiyu stood up in his place)
  • Hon. Speaker

    Hon. (Dr.) Eseli, you know that is still out of order! Hon. A.B. Duale, are you through with your statement?

  • Aden Bare Duale

    Yes, hon. Speaker, Sir.

  • Hon. Speaker

    Then let us go to the next statement by hon. Mark Lomunokol.

  • DELAY IN COMPLETION OF ELECTRIFICATION PROJECT IN KACHELIBA

  • Mark Lomunokol

    Thank you, hon. Speaker, Sir, for giving me this opportunity. Pursuant to the Standing Order No.44(2)(c), I wish to request a Statement from the Chairperson of the Committee on Energy, Communication and Information regarding the delay in the completion of an electrification project by the Rural Electrification Authority (REA) in Kacheliba.

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  • June 6, 2013 PARLIAMENTARY DEBATES 15
  • It is over two and a half years since REA began the installation of electricity in the area between Konyao and Alale, a distance of 70 kilometres. Up to now, only about 10 kilometres have been connected. The District Headquarters in Alale, schools in Losam, Natemer, Kiwawa, Lowoi, Kasses and health facilities do not have access to electricity. This has caused anxiety among the residents, who were informed that the project would be completed by December, 2012. In his statement, the Chairperson should give reasons for the delay in the installation of electricity in this area. Two, he should indicate when the REA project is expected to be completed.
  • (Loud consultations)
  • Hon. Speaker

    Order, hon. Members! Consult in low tones! Chair of the Committee, just before you respond let me just request the Members who want to hold consultations with the Chair to also minimize doing that. The Chair must pay undivided attention to deliberations on the Floor. I am not saying that you should not consult, but make it minimal. Do not come and kneel down here. It is not allowed. Just a minute or 30 seconds, so that, at least, the Chair can follow what is being said by the Member on the Floor. I am just trying to plead with you that sometimes you may think that the Chair does not want to listen to you; it is also because I am also under a duty to listen to what is being said by the Member on the Floor.

  • Jamleck Irungu Kamau

    Hon. Speaker, Sir, I want to risk being labeled Government, but I can answer that question right now. But give me two weeks, so that I can get the relevant information and then I respond.

  • Mark Lomunokol

    Hon. Speaker, Sir, I agree to the two weeks, as requested by the Chairperson.

  • MEASURES TO AVERT TRAFFIC JAMS AT WEIGHBRIDGES

  • Hon. Speaker

    Where is the Chair of the relevant Committee?

  • FAILURE BY AG TO RELEASE MONEY AWARDED TO HON. MAK’ANYENGO

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  • June 6, 2013 PARLIAMENTARY DEBATES 16
  • John Waluke Koyi

    Hon. Speaker, Sir, I rise under the Standing Order No.44(2)(c) to request a statement from the Chairperson of the Departmental Committee on Justice and Legal Affairs. This regards the failure by the Attorney-General’s Chambers to release Kshs21,333,557 to hon. Otieno Mak’anyengo awarded to him on 15th June, 2012 by the High Court of Kenya for wrongful detention.

  • John Waluke Koyi

    In his statement, he should provide the reasons why the money has not been released to the said person. Two, he should indicate to the House when the money will be paid to the former hon. Member.

  • Hon. Speaker

    Chairperson of Justice and Legal Affairs!

  • Samuel Kiprono Chepkonga

    Hon. Speaker, Sir, I will provide the statement as soon as possible or practicable.

  • Hon. Speaker

    Hon. Koyi, did you hear the commitment: As soon as possible?

  • John Waluke Koyi

    Hon. Speaker, Sir, I say no because the answer is not satisfactory. When is he going to respond properly in this House?

  • Hon. Speaker

    He is not going to reply. Indeed, hon. Members, I want to encourage you to know that very soon we are going to have a direction on this matter. I told you yesterday that your colleagues are not going to reply. They are merely supposed to make reports. This arrangement appears to be a bit convoluted. Hon. Chepkonga, can you be a bit more precise?

  • Samuel Kiprono Chepkonga

    Hon. Speaker, Sir, I think two weeks will be good for hon. Koyi.

  • John Waluke Koyi

    That is okay, hon. Speaker, Sir.

  • Hon. Speaker

    Very well. The other hon. Member seeking a statement is hon. Muthomi Njuki.

  • CRITERIA FOR CLASSIFICATION OF HARDSHIP AREAS

  • Onesmus Muthomi Njuki

    Hon. Speaker, Sir, pursuant to Standing Order No.44(2)(c) I wish to request a statement from the Chairperson of the Departmental Committee on Education, Research and Technology regarding the criteria for classification of hardship areas for the purpose of payment of hardship allowances to teachers and other civil servants. The Chairperson should, in particular, address this matter as it applies to Chuka/Igambang’ombe Division in Meru South District. The Chairperson should find out why in two districts, separated by a river that is hardly 20 feet wide, one person is paid hardship allowance while another person is not paid.

  • Hon. Speaker

    Who is the Chairperson of that Committee? That Chairperson is becoming notorious for absence. What is the problem with him? Is there a Vice Chairperson for that Committee?

  • (Hon. Okoth raised his hand up)
  • Hon. Speaker

    Now hon. Okoth has gone back to his usual practice of raising his hand; I am sure this is in jest. You cannot raise hands here. Is there a Member of the Committee to give an undertaking? In the ideal situation, if the Chairperson and Vice-Chairperson are not present that matter should be

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  • June 6, 2013 PARLIAMENTARY DEBATES 17
  • taken up by either the Leader of the Majority Party or the Majority Whip, because they are the ones who nominated those Members to sit in those Committees.
  • Aden Bare Duale

    Hon. Speaker, Sir, I can confirm that unlike in the last Parliament the leadership in both Houses will take this very seriously. The answer will be brought within two weeks and we will communicate in writing to the Chair and the Vice- Chair of that Committee.

  • MEASURES TO CURB INSECURITY IN DANDORA

  • Rachel Wambui Shebesh

    Hon. speaker, Sir, pursuant to Standing Order No.44 (2)(c) I wish to request a statement from the Chairperson of the Departmental Committee on Administration and National Security regarding the recent expose of a gang of young men, who rob residents and rape teenage girls in Dandora, leading to the death of some of the victims. Following information from the area District Officer (DO), the Chief, Assistant Chief and other security officers it was established that there were hotspots in Dandora where boys aged 14 years to 17 years, and calling themselves “Jeshi,” drag and rape girls inside empty or unfinished houses in the area. These administration officers further revealed that these attacks on the girls are facilitated by a 15-year old girl, with the involvement of a popular club in town frequented by under age children on Sundays. The area administration lacks capacity to handle the situation. However, I commend them for going beyond the call of duty. In his statement the Chairperson should: (a) state what the Government is doing about this gang in Dandora in terms of arresting them and providing assistance to the rape victims and their families; (b) explain the measures taken against this club which is said to welcome under age children to drink and engage in other explicit activities; and (c) enumerate the steps, if any, that the police have taken in implementing the Sexual Offences Act by setting up a gender unit in every police station, ideally manned by female police officers.

  • Hon. Speaker

    Is the Chairperson of that Departmental Committee present?

  • Aden Bare Duale

    Hon. Speaker, Sir, I think the Chairpersons of these Committees have started behaving like Ministers in the last Parliament. This is not acceptable. We used to tell the President to whip his team. It is now my business to make sure that if these Chairpersons do not come to the House then they will be whipped. I can assure that the same will happen to the Chairperson of this particular Committee. Hon. Speaker, Sir, in two weeks time the statement will be ready.

  • COMMUNICATION FROM THE CHAIR

  • SHORTAGE OF FACILITIES IN PARLIAMENT

  • Hon. Speaker

    Hon. Members, I wish to bring to your attention a couple of measures recently taken by my office to deal with the worrying state of congestion and difficulties that you go through in accessing services, and in conducting committee work within Parliament. You are all aware that the number of Members of Parliament, both in

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  • June 6, 2013 PARLIAMENTARY DEBATES 18
  • the Senate and the National Assembly has doubled in the recent past, and the number of your visitors, drivers, security and other personnel staff also has gone up. You also know that the number of committees has gone up from the former 14 to 28. The membership too has increased from 11 to the current 29 in most Committees, thus overstretching office space, committee rooms, catering and health services, besides overwhelming our parliamentary staff whose number has remained more or less the same. Over 230 Members of both Houses do not have offices and are not able to perform their constitutional duties well. Other Members make do with sharing basic resources in congested facilities. Some Committees have been forced to sit in the Members’ Small Dining Hall and in every other small space available. I wish, however, to report that negotiations between the Parliamentary Service Commission and the Government to take over most of the office facilities at the Kenyatta International Conference Centre (KICC) have been concluded, and arrangements are being made to speed up allocation of the facilities to hon. Members. On that note, I wish to thank all hon. Members and staff for their patience during this very uncomfortable transition. However, following instructions issued yesterday after long deliberations of concerns raised by the House Business (HBC) regarding measures to deal with the congestion, including the use of the Media Centre by Parliamentary Committees, a misconception has been created that we have thrown out journalists from Parliament. Far from it, representatives from the media cover, and will continue to cover, parliamentary and committee proceedings without hindrance. Indeed, parliamentary office holders, including myself, are operating from offices not commensurate to their status, a situation that has been brought about by the on-going renovations. We have made a conscious decision to use every space available. The Media Centre is one such facility. In addition, hon. Members are asked to reduce the number of visitors they invite to the Members’ restaurant to one person at a time, and alternative space has been provided for members of staff for serving meals. Under these circumstances, parliamentary journalists are, therefore, advised to make use of the Parliamentary Press gallery until alternative space is made available. Nothing stops the journalists from covering committee proceedings at any time. It will, therefore, be misleading to say that the media have been barred from covering plenary and Committee proceedings. We are fully cognizant of the spirit and letter of Article118 of our Constitution, which provides that Parliament shall conduct its business in an open manner, and its sittings and those of its Committees shall be open to the public; Parliament shall facilitate public participation and involvement in the legislative and other business of Parliament and its Committees. We shall always defend these constitutional tenets. Journalists covering parliamentary proceedings will have a free hand in performing their duties. Parliament will always provide the necessary support, where possible to enable them discharge their cardinal mandate of informing, entertaining and, where necessary, educating members of the public.
  • Thank you.
  • Yes, hon. Mbadi.
  • John Mbadi Ng'ong'o

    Hon. Speaker, Sir, I would like to sincerely thank you for making that clarification. The reports that came after this Communication were a little bit

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  • June 6, 2013 PARLIAMENTARY DEBATES 19
  • worrying to many of us. Much as sometimes I do not agree with the media, especially when they misreport on some of us and our activities; the information that came out in this Communication was of serious concern to many of us because it was going to reflect this House as a House that is intolerant to criticism, which we are not. Therefore, I want to congratulate you for the Statement but I just want you to help me clarify two issues.
  • The media centre has not been used by the media alone. Hon. Members have found it very convenient to use the media centre, especially when we wanted to issue statements of national importance. Now that the media centre is not going to be available, how are we going to go about it? Although the House Business Committee has taken a decision on this matter, I would urge that we look for alternative ways. I know that it is really inconveniencing when Committees do not have rooms for holding meetings but I urge that we rescind the decision. I am not really contradicting your ruling, hon. Speaker, but reconsider the decision, so that the media centre can be available for use by the media and by Members of Parliament.
  • Finally, I would also want you to go on record to pronounce that the statement that was attributed to the Clerk of the National Assembly was a case of misreporting. He did not say that the media would only be covering Parliament on invitation. If the statement indeed emanated from the Clerk, it was unfortunate because, as you have rightly put it, under Article 118 of the Constitution and Standing Order 252, it is only the Speaker who has the discretion of excluding the media from covering Parliamentary business on certain matters, and only on exceptional matters.
  • Therefore, there is need for this bit to come out clearly – that it is not accurate that the Clerk of the National Assembly could issue such a statement. If he did, it would be unfortunate. If he did not, it should come out clearly that it was a misreporting by the media.
  • Thank you, hon. Speaker, Sir.
  • Hon. Speaker

    Hon. Mbadi, fortunately, this House took a conscious decision to have live broadcast of its business, so that whatever happens here is open to all Kenyans in their sitting rooms, including those with television sets in their bedrooms as well as those in places of entertainment and others who have the luxury of having television sets in their cars, et cetera . So, the media, really, has not been barred from covering the House. It is only fair that the media be also requested to be fair in what they report. However, arrangements are being made to accommodate the media temporarily in some different location. Before that happens, they should just use the available spaces within Parliament Buildings. If hon. Members could, for more than three months, operate from all manner of places, surely, the media should also sympathise. Committees have been informed; we just do not have space. The temporary structure where the media houses operated from is enough for two committees to sit concurrently. Therefore, we are just requesting that the media bears with us, just like you, hon. Members, have done in the past. The media has not been excluded and will not be excluded from Parliament Buildings but, as you said, hon. Mbadi, they are entitled to their opinions, including saying that even now, they have been barred from covering Parliament. It is up to them to choose what they want to report. If they want to report that it has now been confirmed from the Chair that they have been barred, we cannot help it. They will say so but we are saying loudly and clearly that they

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  • June 6, 2013 PARLIAMENTARY DEBATES 20
  • have not been barred. But it is open to them to misreport again tomorrow that they have actually now been barred. That is the nature of freedom that we have under our Bill of Rights, and I think it is good; so that whenever we read newspapers, we are able to differentiate truths from untruths, facts from falsehoods, et cetera . There are some hon. Members who have come to me with requests for statements which have not been put on the Order Paper. I want to encourage you to always have your statements requests put on the Order Paper, so that we do not overstretch the time available for statements. Therefore, I want to plead with hon. Chris Wamalwa that you will make your request next week, so that we can go to the next Order. I had approved the request, assuming that the statement would be on the Order Paper but it is not. The same applies to any other hon. Member whose statement request I may have approved but has not had the chance to make the request. Hon. Members, I would like to draw your attention to the fact that we are now moving to the Supplementary Order Paper, which I am informed, has been dully circulated. Therefore, we are proceeding to Order No.8 on the Supplementary Order Paper.
  • MOTIONS

  • APPROVAL OF CHANGES TO SELECT COMMITTEES MEMBERSHIP

  • Judah ole Metito

    Hon. Speaker, Sir, I beg to move the following Motion:- THAT, notwithstanding the resolution of the House of 16th May, 2013 regarding appointment of Members to the respective committees, this House further approves the following changes to the membership of Select Committees:- 1. The Hon. Samuel Chepkong’a, M.P. and The Hon. Boniface Otsiula, M.P. to move from the Constitutional Implementation Oversight Committee to the Pensions Committee. 2. The Hon. John Karanja Kihagi, M.P. be appointed to the Committee on Implementation. 3. The Hon. Eng. M. Maalim, M.P. be appointed to the Constitutional Implementation Oversight Committee. 4. The Hon. Maison Leshoomo, M.P. to move from the Committee on Catering and Health Club to the Committee on National Cohesion and Equal Opportunities. 5. The Hon. Zipporah Jesang, M.P. be appointed to the Committee on National Cohesion and Equal Opportunities. 6. The Hon. Ronald Tonui, M.P. and the Hon. Sammy Koech, M.P. be appointed to the Departmental Committee on Finance, Planning and Trade. 7. The Hon. Harrison Kombe, M.P., The Hon. Joseph Kiuna, M.P. and the Hon. Janet Teiya, M.P. be appointed to the Catering and Health Club Committee. 8. The Hon. David Wafula, M.P. and The Hon. Paul Bii, M.P. be appointed to the Committee on Delegated Legislation.

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  • June 6, 2013 PARLIAMENTARY DEBATES 21
  • 9. The Hon. John Kirage, M.P. be appointed to the Public Investments Committee. 10. The Hon. Kangogo Bowen, M.P., The Hon. Kanini Kega, M.P. and The Hon. Aramat Lemanken, M.P. be appointed to the Constitutional Implementation Oversight Committee. 11. The Hon. Leonard Sang, M.P. be appointed to the Committee on Parliamentary Broadcasting and Library. 12. The Hon., Grace Kipchoim, M.P. be appointed to the Joint Committee on National Cohesion and Equal Opportunities. 13. The Hon. Wesley Korir, M.P. and the Hon. Francis Waweru Nderitu, M.P. be appointed to the Joint Committee on Parliamentary Broadcasting and Library. 14. The Hon. Eric Keter, M.P. be appointed to the Committee on Regional Integration. 15. The Hon. Joseph Ngugi Nyumu, M.P. be appointed to the Constitutional Implementation Oversight Committee. 16. The Hon. William Kisang, M.P. be appointed to the Committee on Delegated Legislation. 17. The Hon. Stephen Wachira, M.P. be appointed to the Catering and Health Club Committee.
  • Hon. Speaker, Sir, as you alluded to in your earlier Communication, the membership of this House has gone up and we were not able to rationalise the agreement that every hon. Member would belong to one Departmental Committee and one Standing Committee. So, it has been a challenge because some hon. Members have been allocated two or three committees. In some cases, hon. Members have been allocated four committees, while others have just been in only one committee. Therefore, we wanted to bring that equity and rationalisation to ensure that every hon. Member of this House belongs to one Departmental Committee and one Select Committee.
  • Before I continue, I would like to bring to your attention the fact that, in order to create spaces for other hon. Members, some hon. Members had to be whipped from certain committees. In accordance with our Standing Orders, the party Whips have to write letters to you, indicating which Members are being whipped from certain committees in order to create spaces for others to join. I want to confirm to this House that I have written a letter to your office. They should remain only in two committees – one departmental and one other committee. So, I would like to urge you and plead with your office that you fast track acknowledgement of that letter so that the Director of Committees can implement it and then we can now fill those spaces left by dewhipped Members with other hon. Members. This is because on the side of the Jubilee Coalition, 38 hon. Members were found to be only in one committee and, therefore, some 38 hon. Members have taken those spaces mostly in the select committees. If you look at the Order Paper, not all the 38 hon. Members have been allocated spaces here. I have written to your office for dewhipping. It is actually for procedural purposes and we have agreed with the clerks that those others will be on Tuesday’s Order Paper. So, by Tuesday, at least for the Jubilee side nobody
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  • June 6, 2013 PARLIAMENTARY DEBATES 22
  • will be in only one committee. They will all be in one Departmental Committee and one Select Committee. Hon. Speaker, Sir, without taking a lot of time, I just want to say that we are bringing that to an end. I wish to take this opportunity to urge hon. Members of this House to take the business of committees very seriously and especially the leadership of those committees because every leadership comes with responsibilities. It is quite unfortunate that at times statements or issues are referred to committees on the Floor of the House and both the chairperson and the deputy are not in the chamber to respond or to give a commitment on when the reply will be conveyed to the House. Unless there is communication to the Speaker that, that particular committee is away on official or Parliamentary business, there is no reason to be absent. Otherwise, I wish to plead with the total membership of committees and not only the leadership to take committee work very seriously because that is where you play your oversight role. That is where about 60 per cent or two-thirds of the transactions of legislating, oversight and representation is done with respect to the new dispensation. So, I do not want to take a lot of time because this is simply an easy Motion. I just wish to request my colleague, hon. Rachel Shebesh to second it.
  • Rachel Wambui Shebesh

    Thank you, hon. Speaker, Sir. I would like to second this Motion by our Chief Whip and say first that I acknowledge that we have really had a challenge in formation of committees because of the great numbers that we have now in the House. However, I would also want to acknowledge that a lot of give and take has played out both within the Jubilee Coalition and CORD Coalition and, therefore, I want to urge just like my Whip has said that the CORD Coalition hastens this process so that every hon. Member plays their rightful role in this House. It is their right and these committees are now playing a bigger role than they played in the history of this Parliament. We are the House that probably has in the three arms of the Government, I believe, the biggest role to play when it comes to formulation of policy and implementation of what the Executive intends to do for Kenyans. So, I am urging that we quickly hasten this process and complete it. I want to second and congratulate the leadership of Jubilee for being able to complete this process and urge CORD to do the same.

  • Hon. Speaker

    Hon. Members, before proposing this Question, I want to draw your attention to the clear provisions of Standing Order No.176. As you know Standing Order No.173 is on nomination of members of select committees. Standing Order No.174 is on criteria for nomination. Standing Order No.175 is on approval of nomination. So, once you have been nominated, the approval is by the House. It is important that we bear that in mind. Standing Order No.176 (1) is on discharge of a member from a committee and it states: “The parliamentary party that nominated a member to a select committee, may give notice, in writing, to the Speaker that the member is to be discharged from a select committee.” Standing Order No.176(2) states: “The discharge of a member shall take effect upon receipt by the Speaker of a notice under paragraph (1).” Hon. Members, I am drawing your attention to this Standing Order just to show you that it was not necessary for this House to even get involved in this, but I think what the leadership has done is to make sure that everybody knows what has happened so that hon. Members do not come to the Speaker’s office to claim that they have been moved

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  • June 6, 2013 PARLIAMENTARY DEBATES 23
  • from this committee to another. Otherwise it was not necessary. The party would just sit and I am saying this so that the Leader of the Minority Party and his Whip who had come to see me may know. In keeping with this spirit of openness, bring the names so that also the membership knows where it is that you are moving them to or placing them in. I will therefore propose the Question.
  • (Question proposed)
  • (Question put and agreed to)
  • Hon. Speaker

    Next Order!

  • ADOPTION OF REPORT ON DIVISION OF REVENUE BILL

  • Mutava Musyimi

    Hon. Speaker, Sir, I beg to move the following Motion:- THAT, this House adopts the Report of the Budget and Appropriations Committee on the Division of Revenue Bill 2013, laid on the Table of the House today, Thursday 6th June 2013. Hon. Speaker, Sir, for the avoidance of doubt, the functions of the Budget and Appropriations Committee are as follows:-

  • Mutava Musyimi

    (i) investigate, inquire into and report on all matters related to coordination, control and monitoring of the national Budget;

  • Mutava Musyimi

    (ii) discuss and review the estimates and make recommendations to the House;

  • Mutava Musyimi

    (iii) examine the Budget Policy Statement presented to the House;

  • Mutava Musyimi

    (iv) examine Bills related to the national budget including Appropriation Bills; and,

  • Mutava Musyimi

    (v) evaluate tax estimates, economic and budgetary policies and programmes with direct budget outlays.

  • Mutava Musyimi

    Hon. Speaker, Sir, allow me before I say much to express my appreciation to the members of the Budget and Appropriations Committee who have worked tirelessly since they were constituted and, indeed, met yesterday until midnight to among other things discuss the Division of Revenue Bill, 2013. Hon. Speaker, we spent enough time on this matter and one of the issues that we canvassed was the recommendation that I now wish to bring before you. It is found in the document that I believe has been circulated.

  • Mutava Musyimi

    The recommendation among others is as follows:-

  • Mutava Musyimi

    The Appropriation of Revenue Allocation Bill stands as approved by the House on Thursday, 9th May, 2013. The implications of that are fairly simple. It means that we will be recommending and, indeed, are recommending in effect that the county governments, for the Financial Year 2013/2014 will get Kshs210 billion. That was the figure approved by this Assembly on Thursday, 9th May, 2013.

  • Mutava Musyimi

    Hon. Speaker, Sir, even as I make this recommendation, I wish to remind this House, the Senate and the governors and indeed the nation that the Budget and Appropriations Committee is fully committed to the implementation of the Constitution and particularly devolution which is at the heart of devolution. We have fought hard for

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  • June 6, 2013 PARLIAMENTARY DEBATES 24
  • these new structures, we believe in them, we will defend them and we will operationalize them. We took this position largely for two reasons: One, there was a strong legal argument that you are all too familiar with and has communicated the same through the Communication from the Chair to this House. Secondly, there were programmatic issues; issues of absorption capacity. Anybody who has been involved in programme work, whether in the Government or other institutions, will tell you that when an institution is going through the kind of change that this country is going through, it can be very exposed and not always able to do what it would normally like to do, and certain change takes time. The whole issue of the ability of the counties to absorb the kinds of monies we will be all too glad to make available, is a major issue.
  • I wish to say that the Budget and Appropriations Committee is fully committed to devolution. I say this because yesterday we had a long session with none other than the council that represents governors in the country led by a former colleague, Mr. Ruto, Governor for Bomet County. He was accompanied by among others the Vice-Chair of the Council of Governors, Dr. Evans Kidero, the Governor for Nairobi County. We were very pleased to meet with the governors as they sought to argue the case why they needed to get more money than had been otherwise allocated by the National Assembly. We raised these issues but I wish to say that at the end we assured them that we will support devolution. We also met twice with the Cabinet Secretary for the National Treasury and his team. We had lengthy discussions spanning not less than four hours yesterday and among other things we were discussing this whole issue of the allocation of funds to the various sites and various budget centres in the national Government, Parliament through the Parliamentary Service Commission (PSC) that Hon. Speaker chairs and also through the Judiciary. We communicated this to the governors and to Mr. Rotich, the Cabinet Secretary for the National Treasury that after all the consultations we have had regarding this matter, it is our view, as the Budget and Appropriations Committee that we create a fairly serious forum that will bring together the Budget and Appropriations Committee. We will convene this forum and then bring into that platform a number of Cabinet Secretaries led by the Cabinet Secretary in charge of devolution, the National Treasury, no less, Cabinet Secretary for Transport, the ones responsible for health, education, water and agriculture. We mentioned these Cabinet Secretaries because when you go to Schedule Four of the Constitution, these are some of the matters whose application in terms of national and county governments are not always as clear as we may wish to imagine they are.
  • So, we will create this forum that also includes the Transition Authority (TA). We have committed ourselves that as soon as we are done with the budgetary process for this year, we will begin these meetings so that we can being to communicate to governors and to our people that we, as the Budget Committee, will do whatever we can to make sure that resources get to the grassroots. That is part of the reason why we struggled so much and for so long to see that a new Constitution was in place. I was privileged during the public hearings that were conducted across the country to go to Isiolo. One of the highlights for that meeting for me was to hear submissions from Abdi Mohamed, the chair of street families in Isiolo. He told me his story and eventually I invited him and we sat for lunch. We had a long talk and I thought to myself that this is what the new Constitution is about: That we can go to the people and listen to their views. I say this to
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  • June 6, 2013 PARLIAMENTARY DEBATES 25
  • communicate the fact that we will commit ourselves to make sure that the resources of this great nation get to our people where the rubber meets the road. Hon. Speaker, Sir, I do not wish to speak for long. I wish that one of the hon. Members of the Committee who is fairly conversant with issues at hand comes now and seconds this Motion. That is none other than hon. Ng’ongo.
  • John Mbadi Ng'ong'o

    Hon. Speaker, Sir, I rise to second the Chair of the Budget and Appropriations Committee on this Motion that he has moved. This House will recall that we passed the Division of Revenue Bill, 2013 and immediately we passed it, it was referred to the Senate and this was based on our Standing Orders and also as picked from the Public Finance Management Act. Subsequently, this House will recall that I raised an issue with referring that Bill to the Senate. From the outset, I would like to point out that this should not be seen as a tug of war between the National Assembly and the Senate. We are all aware that the Senate has a responsibility spelt out under Article 96 of the Constitution and the role of the Senate can never be down played. It cannot be underrated; it has a lot to do with the protection of the counties and that role cannot be taken over by the National Assembly. Equally, the National Assembly has its roles spelt out under Article 95.

  • John Mbadi Ng'ong'o

    Hon. Speaker, Sir, you made a ruling and in your ruling, you were very clear that having considered this matter, the issues that I raised – substantially I raised three issues - to do with whether Part I of Chapter Eight of the Constitution of Kenya exclusively vests in the National Assembly the role of determining national revenue between the levels of government, in your ruling, you said that under Article 95(4)(a) of the Constitution, the National Assembly determines the allocation of national revenue between the levels of Government as provided in Part Four of Chapter 12. This role is exclusively vested in the National Assembly and there is no provision in Part I of Chapter Eight in the Constitution that points to the contrary. So that matter with your ruling was settled. I would like to point out at this stage that you said when you made your ruling that it was not appropriate to withdraw or recall the Bill from the Senate. I think that would not have looked good and you advised that when this Bill finally gets back to the National Assembly, then we would act on it appropriately. When the Bill was finally brought back to the National Assembly, your able deputy referred it to the Budget and Appropriations Committee. Therefore, in our meeting as the Budget and Appropriations Committee, we were to determine whether, based on your ruling and based on the issues that were raised which have been canvassed extensively, whether this Bill should have been referred to the Senate in the first place.

  • John Mbadi Ng'ong'o

    In our considered opinion and the rules of this House, we felt that opening this Bill for discussion again was going to be counterproductive and will go against the ruling of the Speaker, which was very clear. Hon. Speaker, Sir, I know this matter has enlisted a lot of debate and that is why I would like to revisit just a few issues to bring into perspective those that have not been very clear. There has been argument that because the Division of Revenue Bill divides revenue between the National Government and county government and because county government is mentioned then you need the Senate because this is the House that takes care of the interest of the counties. However, if you do that it is very clear that you will also be involving Senators in legislating on National Government issues. This is because

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  • the Division of Revenue Bill divides revenue between the National Government and the county governments. Therefore, if we will involve the Senate in that assignment then what we are in effect doing is that the Senate is also legislating for the National Government. However, Article 96 of the Constitution is very clear to me. I read the opinion of Prof. Yash Pal Ghai who is one of the renown professors in constitutional matters, and I basically agreed with it. For those who have not read it, they can read it on The Star that was published on Saturday. He actually supported my position which I had explained earlier on. However, if you read Article 96, you will see that the Senate represents the counties. The Senate also serves to protect the interest of the counties and their governments. This Article goes ahead to say that the Senate participates in the law- making function of Parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113. So, the key words here are “Bills concerning counties”. The question that one needs to ask is: “Does the Division of Revenue Bill qualify to be called a Bill concerning counties?” Actually, the Division of Revenue Bill does not concern counties. This is a Bill that concerns both the National Government and the county governments in terms of dividing revenue to the two levels. Hon. Speaker, Sir, if you look at Article 110 and the reason why I got very convinced that this Bill, in the first place, should have not gone to the Senate and that I agree entirely with your ruling, and that is why I am urging this House that we make a resolution through this Motion to forward the Bill as we passed it in the National Assembly to the President for assent--- If you read Article 110, you will find that it talks about Bills concerning county government. Article 110 says:- “1(a) a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule.” That is very clear. If you are passing any Bill concerning the functions and powers as set out in the Fourth Schedule of this Constitution, you have to consider that, that is a Bill concerning county government. Article 110(1) says:- “(b) a Bill relating to the election of members of a county assembly or a county executive; and (c) a Bill referred to in Chapter Twelve affecting the finances of county governments.” This is where most of us who have been arguing that the Division of Revenue Bill should have gone to the Senate picks up the argument; that it talks about a Bill referred to in Chapter Twelve. However, the operating word here is in singular. It refers to “a Bill”.
  • If you go to Chapter Twelve, you will find that there are two Bills which are referred to. That is the Division of Revenue Bill and the County Allocation of Revenue Bill. Therefore, the Bill which is being referred to here is specially the County Allocation of Revenue Bill. This Bill is found under Article 218(2)(b) and not Article 218(2)(a). Actually, we made a mistake when we legislated in our Public Finance Management (PFM) Act and quoted Division of Revenue Bill as being the one that is mentioned in Article 218(2)(b). However, that is not correct.
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  • June 6, 2013 PARLIAMENTARY DEBATES 27
  • Hon. Speaker, Sir, further, the Constitution goes ahead to categorize Bills concerning county governments into two. It is either a Special Bill or an Ordinary Bill. The Constitution says that a Special Bill shall be considered under Article 111 if it relates to the election of member of a county assembly or a county executive. Certainly, the Division of Revenue Bill is not the one.
  • The second one is the Annual County Allocation of Revenue Bill mentioned in Article 218. The Constitution is not ambiguous because it is very specific to the Bill that it refers to as a Special Bill concerning county. That is the Annual County Allocation of Revenue Bill. If you have to categorize Division of Revenue Bill as a Bill concerning county, the only alternative you have is to refer to it as an Ordinary Bill. However, if you call it an Ordinary Bill, there is a danger because the Constitution has stipulated how to transact these two Bills. If it is a Special Bill, we can only overrule the Senate by two- thirds majority or we can veto the Senate but with two-thirds majority. There is no provision for simple majority if it is an Ordinary Bill. I want to emphasize this because I saw and I do not want to quote some rulings made elsewhere because our Standing Orders stop us from doing that. This is because there was a suggestion that this House can determine this Bill by simple majority. Our Constitution does not provide that the National Assembly can overrule the Senate by simple majority.
  • Hon. Speaker, Sir, there are two ways of dealing with Bills that are transacted in two Houses. Either we overrule the Senate by two-thirds majority or if it is an Ordinary Bill, we have to go through mediation if we do not agree with it. In mediation, we must concur or be unanimous. In the event that we fail to agree at the mediation stage, the Bill is lost. I am sure and certain that the drafters of this Constitution could not contemplate that such an important Bill like the Division of Revenue Bill could be put in a situation where if we fail to agree at the mediation stage then it collapses. If the intention of the drafters of this Constitution was to have the Division of Revenue Bill go through the Senate the same way County Allocation of Revenue Bill goes to both the Senate and the National Assembly, it would not have been difficult to clearly specify it as a Special Bill under Article 110 of the Constitution. However, the drafters were very careful, in my view. They knew that the Division of Revenue Bill concerns national revenue and the revenue which goes to the counties and gave an exclusive responsibility to the people’s representatives from various constituencies who also happen to be coming from counties to exercise caution and carefulness in trying to give both levels of government equal funds to run their affairs.
  • In conclusion, what the Committee arrived at was that if we open this Bill again for debate in this House by considering the opinion or recommendations from the Senate, we will be violating the express provisions of the Constitution which only restrict the Senate to be determining legislation that touch exclusively on the functions of the county governments. The moment you bring in the Senate to be determining issues which even touch on the national Government, you are overstepping the mandate of the Senate and that is not what is provided for in the Constitution. We may want to involve the Senate if that is what we want to do. It is proper for us to bring an amendment to the Constitution and anchor it in law so that it is very clear that the Division of Revenue Bill, just like County Allocation of Revenue Bill will go through the Senate, come to the National
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  • Assembly and we will have a very clear procedure of transacting it. In the event we are not happy with the amendments, we will apply our two-thirds majority and correct it, and in the event we fail, it has to go the way it has been passed from the Senate.
  • Hon. Speaker, Sir with those many remarks, I would like to second this Motion and urge the House to adopt this Report so that this Bill is sent to the President for assent.
  • Thank you.
  • (Question proposed
  • )

  • Aden Bare Duale

    Hon. Speaker, Sir, I stand to support this report. From the outset, I want to thank the Chair of the Budget and Appropriations Committee for this report that will help us solve the issue of the Division of Revenue Bill. I also want to thank hon. Ng’ongo for raising all the major constitutional provisions that give the National Assembly the mandate to have the Division of Revenue Bill.

  • Aden Bare Duale

    The Division of Revenue Bill came to this House and Article 201(b)(i) of the Constitution specifically states that:- “( b ) The public finance system shall promote an equitable society, and in particular— (ii) revenue raised nationally shall be shared equitably among national and county governments”.

  • Aden Bare Duale

    The Constitution has specifically given definite roles to the two Houses. Article 95 gives the role of the National Assembly explicitly and the Bills and the issues that the National Assembly will dispose of. Article 96 does the same for the Senate. From the outset, I want to confirm that it is the Kenyan people in their numbers who sought for a devolved system of Government. It is the Kenyan people who again sought to establish a bicameral parliament. It is the same people of Kenya who again, in making this Constitution, created the definite roles of these two. When this Bill came to this House and amendments were brought by many Members, including hon. Ng’ongo, the Kshs210 billion that was to go to the county governments was an agreed position. This House and this country have formed constitutional commissions for this particular function. The main mandate of the Commission on Revenue Allocation is to decide on the division of revenue between the national and the county governments led by none other than Mr. Cheserem. The Transition Authority, again, is a creation of this House on behalf of the county governments. The agreed Kshs210 billion for the county governments was based on a solid fiscal framework that the National Treasury, the CRA, TNA and other stakeholders agreed and came to that position. Article 203 of the Constitution is very important in the Budget-making process and in the division of revenue. It says that when we are dividing revenue between the county and the national Government, we must look into the following parameters, namely, national interest, public debts and other national obligations that we have as a country and the need to ensure that county governments are able to perform their duties. The Division of Revenue Bill does not fall within Articles 103 and 108 of the Constitution that provide for Bills concerning county governments. The Bill on County Allocation will originate from the Senate. Reading the ruling that you gave on this matter, when we look at the Constitution, we totally agree with you. For example, if we send this

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  • June 6, 2013 PARLIAMENTARY DEBATES 29
  • Bill after amendments back to the Senate and say that we do not agree with the amendments from the Senate, the only route is that of the mediation route. In case the mediation route fails, the consequence is the loss of a money Bill. Once a money Bill is lost, then Government functions do not exist. There will be no Government. That is why we want to urge you to support this. The extra Kshs48 billion that the Senate has increased over the Kshs190 billion that this House gave to the county governments brought the total Kshs238 billion. If we go by that, the Budget-making process, the fiscal framework of any country’s Budget, is like this building. This building is held by very strong pillars and the moment you touch one pillar, the whole framework of this building will not be in place. Even the Budget-making process that the national Treasury has prepared is anchored and based on very strong fiscal pillars or framework. The moment you shift Kshs48 billion, that means that that extra money must be sourced. That brings into place more taxation and more domestic borrowing. Somebody somewhere must say: How do we fund the extra Kshs48 billion? That is why I am saying that the decision effectively will affect the whole framework. Devolution is not a choice. It is in the Constitution. It is not a choice for this Government and it will not be a choice for the next Governments. It is not a choice for the Senate neither is it a choice for the National Assembly. Nobody in this country can run away and say “I am the protector of devolution”. It is incumbent upon all of us, the Senators, governors, the National Assembly, the national Government and the people whom we represent, to nurture, like a small child, the devolved system of government. When we gave the county governments Kshs210 billion, this was above the 15 per cent minimum provided by the Constitution. It was about 32.7 per cent. This should have been encouraged, so that in every subsequent Budget-making process, the county governments can use this 32 per cent to put their infrastructure and the pillars of their framework in place. They should also make sure that the infrastructure that is needed for an effective and efficient county government is in place. This is the first Budget that the county governments are getting. Just like the way we want to oversee the national Government’s Budget, in every county there are between seven to 12 constituencies and in our own wisdom, we must oversee the county assembly representatives and the county leadership. Article 96 of the Constitution, unless somebody interprets it differently, and even if this interpretation is given to the Supreme Court, the interpretation will be the same, gives specifically the role of the Senate. This is where the debate should be because the debate should be within the Constitution. The debate should not be outside the Constitution. Most of the people are debating outside the Constitution. With your indulgence, I wish to read Article 96. It says that:- “(1) The Senate represents the counties, and serves to protect the interests of the counties and their governments”. Hon. Speaker, Sir, Article 95 says that the National Assembly represents the people of the constituencies and special interests in the National Assembly. It is this House that represents the people. It is in the Constitution that the National Assembly represents the people in the 290 constituencies while the Senate represents the counties or entities. For example, the Senate of Garissa County represents the boundary of Garissa County. He represents the government of Garissa County. The mandate of the Senate, in
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  • June 6, 2013 PARLIAMENTARY DEBATES 30
  • my interpretation of the Constitution, is that the county assembly leadership and the governor will refer their issues to the Senate unlike a Member of Parliament here who will even get a caller from a voter in his constituency seeking a bursary. This point must come out clearly. It is not hon. Duale who is saying this; rather it is the Constitution. It should be known that we do not want to chase the media from Parliament. That was poor misreporting. It was said, “Hon. Duale has said that he will teach them a lesson.” I believe in the Constitution. This Report has saved us a lot of conflict especially between us and our distinguished brothers. Finally, the scope of additional borrowing and revenue to cater for these extra Kshs48 billion is not a small matter for the National Treasury. When we provided Kshs210 billion for the counties, the National Treasury decried a deficit of Kshs12 billion. They had to borrow. If we do this Kshs48 billion then it means that we are putting our country into more debt. The National Treasury will have to raise taxes and go into domestic borrowing. This will obviously affect the rate of inflation in our country. Hon. Speaker, Sir, with those many remarks I stand to support and thank the Chairman of the Budget Committee for being forthright and bringing this Report to the House at this crucial moment.
  • James Ndungu Gethenji

    Hon. Speaker, Sir, I rise to support the Motion. I wish to thank the Chairman of the Budget and Appropriations Committee for the wonderful job he did and coming up with sound recommendations. Division of revenue is the sole province of our National Assembly. Article 218 (1)(a) states thus: “ A Division of Revenue Bill which shall divide revenue raised by the national government among the national and county levels of government in accordance with Constitution and a County Allocation of Revenue Bill which shall divide among the counties the revenue allocated to the county level of government on the basis determined in accordance with the resolution in force under Article 217.” The operative words here are “among the counties”. So, the Constitution is very clear in our minds and interpretation that this House has the sole domain with regard to the Division of Revenue Bill. Were it not for our maturity, it may be even suggested that there is mischief and self-interest at hand on the part of the Senate in their attempt to have domain over the Division of Revenue Bill. Article 96(3) states: “The Senate determines the allocation of national revenue among counties as provided in Article 217, and exercises oversight over national revenue allocated to the county governments.” To our minds, it is very clear that the role is distinct between the Senate and this national Assembly that the domain of the Division of Revenue Bill resides in this House. In fact, looking at the Standing Orders which I dare say may contain some anomaly, they give rise to the suggestion that the Division of Revenue Bill has to move from this House to the Senate. If you look at Standing Order No.233 (4) it reads: “The Division of Revenue Bill having been passed by the National Assembly shall stand referred to the Senate in accordance with Standing Order No.142 in concurrence of the other House.” It is my suggestion and strong recommendation that we do away with this Standing Order. National Assembly needs to review this matter immediately and forthwith. This particular standing order is creating a lot of confusion. It creates the impression in the minds of the public and even the Senate that this House has to refer the

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  • June 6, 2013 PARLIAMENTARY DEBATES 31
  • Division of Revenue Bill to the Senate for its interpretation or its input. The domain for this Bill resides in this House. Hon. Speaker, Sir, I beg to support.
  • James Nyikal

    Hon. Speaker, Sir, I rise to support this Bill. Let me also take this opportunity to appreciate the work of our Chairman and the whole Committee. He drove us hard. We worked up to midnight last night and it reminded me of my days when I used to receive babies in hospitals at any time.

  • (Laughter)
  • James Nyikal

    I think that means that through this we will probably save more babies than I used to do one by one. I do not want to say anything about the legal issues or about when and where we should refer this. I think that has been dealt with adequately by hon. Mbadi and the Leader of the Majority Party. However, an issue that I want to bring out that came to our mind as a Committee is the need to plan devolution carefully. We had the opportunity to meet with the governors and the Cabinet Secretary in charge of finance. Earlier, in a different committee we had an opportunity to meet with the Cabinet Secretary in charge of health. What has come out is that whereas it is very clear in the Constitution under Schedule Four of what the functions are for the county governments and national Government there is great need to plan this very carefully so that some functions that have been going on are not interrupted. For example, in the health sector the only functions of the national Government are policy and referral facilities. Even the referral facilities are not very well defined. In education, the only functions of the county government are pre-primary schools and polytechnics. As we sat with the governors and discussed the issue, it was clear that the governors would want to do more, say, in education. A governor indicated; why would he not be responsible for what is happening in a primary school? What kind of governor would he or she be if something is going on in the primary schools and yet we are saying here that the county government cannot do anything about it? That sounded reasonable. On the other hand, we looked at many programmes in the Ministry of Health that over the years have been run as national programmes and there are systems that have been put in place to run them that way. Saying that we take all that and move them to the county without looking at the structures that will make them run efficiently, may be a bit reckless. For example, the issue of vaccine programmes; the treatment of people with HIV (ARV programmes); treatment of people with TB and so on. We realized that there is great need for a planned devolution. The forum that was suggested by the Committee and our Chairman has put it out fairly clearly; it is the Ministry of Finance, the Ministry in charge of devolution, the Transitional Authority, and the Council of Governance. They need to meet from time to time and agree on what function can be effectively and efficiently run and at what level so that we do not disrupt services. I am sure that what is provided took into account the national interests and capacities on either side. Therefore, when funds get devolved, for instance in the area of healthcare; obviously, most of the funds should go to the counties. That is as it should be,

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  • as per the Constitution. However, there is great need for us to sit down and determine at what time we should be doing what and what preparations are needed. Therefore, my suggestion is that the forum that has been suggested by this Committee, consisting of these institutions, should actually be formalised. It should not just meet once. It should meet regularly. The Budget Committee had agreed that the Chair can preside over the forum meetings and lead the process, so that we do not just say: “This function has been devolved there; take all the money there. This function is at the national level; no money goes to the counties.” Hon. Speaker, Sir, that is the little point I wanted to put forward because it is extremely important in terms of how we are going to run services, and how to have a smooth transition without disruption of delivery of some of the services that have served this country very well. With those remarks, I beg to support.
  • Benjamin Kipkirui Langat

    Thank you very much, hon. Speaker, Sir, for this opportunity. I am a Member of the Budget Committee and I want to confirm that yesterday, we worked almost up to today. So, I support the Report because it is very clear. The roles of the National Assembly and those of the Senate are very clear. I do not think there is any dispute in the Constitution as regards the roles of the two Houses of Parliament. Hon. Speaker, Sir, we are not saying that the county governments should not be given more money. Indeed, they must be given more money but we are saying that we must follow a process. The Constitution says that before giving any function or money to the county governments, they must show that they have the capacity to use it properly. Even the report from the Treasury says that they have actually done the costing for the amount they are proposing to allocate to the county governments. Therefore, I want to urge this House that, for the right procedure to be followed, from now onwards; let us approve the Report of the Budget Committee, so that we do not go back to the same thing in the next financial year. Following this debate, it is important for the relevant Committee to bring an amendment to the Standing Orders, so that they can be in line with the Constitution in as far as division of revenue is concerned. The role of the National Assembly is to divide the national income between the two levels of the Government, namely, the national Government and the county governments. That is clearly stated in Article 95, where the roles of the National Assembly are mentioned. The Constitution says that, once the National Assembly divides the national income between the two levels, the Senate can do what is called “allocation of revenue to counties”. That is their mandate. It is very clearly stated in the Constitution. In fact, changing what the Constitution says is like carrying out a constitutional amendment. Allocation of revenue to counties is squarely their role. Therefore, let us do our job, as the National Assembly. Let the Senate and the county governments do their jobs, so that we do not clash with each other along the way on matters which are clearly stated in the Constitution. Hon. Speaker, Speaker, your ruling was actually correct. I know that there was a ruling from the other House of Parliament but we must follow the Constitution even when we make rulings. Division of revenue is clearly the business of the National Assembly. If a time comes when the National Assembly purports to take

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  • June 6, 2013 PARLIAMENTARY DEBATES 33
  • over the role of allocation of revenue, I will oppose because that is not our business, as a House. Hon. Speaker, Sir, therefore, I hope that once we adopt this Bill, the President will follow suit and assent to it. If we were to go by the proposals given, we would be headed in a very dangerous future. We would be saying that if we disagree, we form a mediation Committee. We would have our numbers and they would have theirs in that Committee. I am very sure that even a mediation Committee would not agree, if it was assumed that that was the direction. Consequently, this Bill would fail. What would happen then? There would be no money for the county governments. Therefore, in order for us to save the country from this kind of trouble, we should respect our respective roles. Let us respect the Executive, the Judiciary, the National Assembly, and the other bodies that have been created by the Constitution. Let us proceed as earlier ruled by you, so that we can save this country from any trouble that might come. With those remarks, I beg to support.
  • Isaac Maigua Mwaura

    Hon. Speaker, Sir, I rise to support the Motion on this Bill on the Report of the Committee and without belabouring what my other hon. colleagues have said, Article 95(4)(a) of the Constitution is very clear that the role of dividing revenue at the national and county level is the express mandate of the National Assembly. In fact, for purposes of this Motion I would want to read it. It says: “The National Assembly – (a) determines the allocation of national revenue between the levels of government, as provided in Part 4 of Chapter Twelve.” Hon. Speaker, Sir, and the levels of Government are only two – the national and county. So, therefore, this is actually a non-issue. In fact, I think I would want to say that we were wrong from the beginning in transmitting, transferring or referring this Bill to the Senate. Hon. Speaker, Sir, if you look at the proposed allocations by the Senate, you realise that indeed as a country as much as we support devolution, this is the first time that we are making allocations to county governments and they are yet to develop capacities that would ensure that they expedite their mandate. Therefore, it is not just a question of recalculating figures. You move from Kshs210 billion to Kshsh248 billion. In fact, if you were even to look at the contents of the proposed amendments, the proposed amendment to Clause 4 is very suspect because it seems to suggest that if county governments do not have enough money any extra cost shall be borne by the national Government. Surely, if we were to legislate such kind of an amendment it would mean that counties have a leeway to spend whatever they want to spend and if they have deficits then it is the responsibility of the national Government and that does not encourage self sufficiency. It does not encourage counties to go out there and actually determine their economic prosperity by looking at viable projects that maybe existing or potential ones within their counties. Hon. Speaker, Sir, in actual sense, the proposals from the Senate are very minimal and I would want to say this is an indication that the National Assembly actually did its job very well. What they are proposing – some of them are actually editorials like “remove the word “allocation” and put the word “grant’. Surely, I think that would have also been observed at a later stage if at all it was that necessary.

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  • June 6, 2013 PARLIAMENTARY DEBATES 34
  • So, in my opinion and this being the first year that we are transferring huge allocations to the county governments, I would want to propose and support that the allocations remain as they are and that the allocations to the counties are already predetermined by the statutes. It is very clear that it is 15 per cent. So, therefore, it does not arise because if you look at the 15 per cent of what was presented as budget, the figures are actually around Kshs140 billion or Kshs150 billion, if my memory serves me right. Therefore, then the Senate cannot insist that their work is to determine what is 15 per cent. Hon. Speaker, Sir, my only concern is that even as these resources are going to be devolved, whatever has been allocated over and above the 15 per cent and in the last proposal it was Kshs42 billion, there is that allocation that is named as “allocations to hold accounts harmless” which is the equivalent of Kshs17.3 billion. I know that the justification of these allocations was because it was said that some counties have more service delivery burden than others and also because of referral hospitals and whatever is contemplated to ensure that there are proper health services for Kenyans at the devolved units. However, I also hope and pray that these Kshs17.3 billion shall not be used to also devolve inequality in this country. That these monies are not going to be skewed to favour certain counties that maybe seen to be more appropriate or politically correct and surely that should actually be the work of the Senate. When finally the allocations have been made, it should be their work to actually look at the equity and equality of these counties. Hon. Speaker, Sir, even if I do not indulge into that debate, it is very clear which House between the Senate and the National Assembly has a greater mandate from Kenyans. I rise to support.
  • Hon. Speaker

    Hon. Sakaja.

  • Johnson Arthur Sakaja

    Thank you, hon. Speaker, Sir. I rise to support this Motion and even as I do that, I would like to note that indeed it has been quite unfortunate that the tone of the debate over the past few weeks about where the Division of Revenue Bill should be discussed, whether it should go to the Senate, has degenerated into a supremacy war as to who is more superior between the Senate and the National Assembly. The content was lost in that debate. Whereas the Constitution is clear, I think the Report of the Committee on Budget and the recommendations have it that yes, the Division of Revenue Bill is rightfully in the National Assembly but it is clear that the National Assembly and the Senate are equal. Hon. Speaker, Sir, despite the National Assembly and the Senate being equal, equality does not imply uniformity. There are different roles. So, I think even as we move ahead we need to move away from that debate on who has greater mandate or which House is superior. Both Houses are important to Kenyans. Both Houses have the mandate of Kenyans and both Houses have specific roles to play within devolution. Hon. Speaker, Sir, in addition I would like to say that devolution is also not about the county level of Government versus the national level of Government. These two levels of Government are interdependent. They need each other and we are in one state as well. For the county level of Government to think that by starving the national level of Government devolution is achieved it is akin to cutting your nose to spite your face.

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  • June 6, 2013 PARLIAMENTARY DEBATES 35
  • Hon. Speaker, Sir, in the same breath, if the national Government assumes that by starving the county Government they have it better it is still cutting your nose to spite your face. We have moved into a new dispensation and into a new system of Government. Hon. Speaker, Sir, despite the provisions of Articles 94 and 110 and what all the hon. Members have said, I think there really is need for greater civic education on the issue of devolution. Many of our citizens are not clear about what this devolution is. Some people still think that we are in a federal state or rather think that this devolution implies federalism. Indeed, the relevant institutions and agencies that have been given this mandate, that is the Transitional Authority (TA), the Commission on Revenue Allocation (CRA) and all commissions that have heavy budgets should really spend time to educate Kenyans on what devolution means, on what the role of the National Assembly and that of the Senate with respect to devolution is. Hon. Speaker, Sir, finally I would just like to point out that having gone through the recommendations of the Senate on this Bill, I have seen that there is a fear that is unjustified. There is a fear that certain functions of the county Government have been left with the national Government and the funds have been kept at the national level. The Constitution is very clear in Article 187(2) and it states that: “If a function or power is transferred from a government at one level to a government at the other level –
  • (a) arrangements shall be put in place to ensure that the resources necessary for the performance of the function or exercise of the power are transferred; and
  • (b) constitutional responsibility for the performance of the function or exercise of the power shall remain with the government to which it is assigned by the Fourth Schedule.” The fear that those powers or the monies have been left with the national level are unjustified and there is no need to cure it through legislation or through an amendment of the Division of Revenue Bill. So, I wish to support this Motion and I urge Members of the National Assembly and also Members of the Senate not to turn this thing into a supremacy battle. I also urge the Members of the county level and national level not to turn it into a supremacy battle. We need each other and we all have rules and responsibilities to play in line with devolution. I support.
  • Rachel Wambui Shebesh

    On a point of order, hon. Speaker, Sir. Judging by the mood of the House, everybody seems to be in agreement, would I be in order to ask the Mover of the Motion to respond?

  • Hon. Speaker

    Hon. (Ms.) Shebesh, rising in her place requests that the Mover be called upon to be reply. It is up to you, hon. Members to determine it.

  • (Question, that the Mover be now called upon to reply, put and agreed to)
  • Mutava Musyimi

    Hon. Speaker, Sir, let me in reply take this opportunity to thank hon. Ng’ongo for seconding this Motion and all those very appropriate contributions from hon. Gethenji, the Leader of the Majority Party, Prof. Nyikal, hon. Langat, hon.

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  • June 6, 2013 PARLIAMENTARY DEBATES 36
  • Mwaura, hon. Sakaja and last but not least, hon. (Ms.) Shebesh. I think the point has been made and I just wish to take this opportunity to remind ourselves that we have a national duty and that duty will be expressed in many ways. I like the point that was made and many good points were made that although we have two levels of governments, we remain one nation. For those of us who wanted to see some amendments to the current Constitution, I am on record as having proposed the amendment that reads: “Kenya shall be a unitary state”. I was concerned then as I am now that there might just be the thinking within certain minds that because we have two levels of governments, we have ceased to be one nation. I think it is good to remind ourselves that we are one nation. The county governments are ours; the national Government is ours. So, as we make our determination on this Bill, I wish again to call upon, especially those of us at the county governments to tell them that we are in this together. We swim together; we sink together and we will do all we can, as the National Assembly, to support, not only the national programmes but also the county programmes.
  • With those few remarks, I beg to move.
  • (Question put and agreed to)
  • COMMUNICATION FROM THE CHAIR

  • THE DIVISION OF REVENUE BILL TO BE SUBMITTED FOR ASSENT

  • Hon. Speaker

    Hon. Members, the House having resolved that business in the manner that it has, you will recall that I made a Communication on 22nd May, 2013, regarding the execution of this Bill by the National Assembly. In the said Communication, I indicated that at that time I was inclined not to make any orders until the Bill is formally transmitted back to the Assembly as envisaged in the Standing Orders.

  • Hon. Speaker

    The Senate transmitted the Bill to the Assembly by way of a Message dated 24th May, 2013. The Message was later read to the Assembly and communicated to the Budget and Appropriations Committee. It is, therefore, clear that the Assembly is now formally seized, once again, of the Division of Revenue Bill; being the National Assembly Bill No.1 of 2013. The House will recall that this Bill had passed all stages required by the National Assembly rules including the Third Reading. Indeed, the Bill was passed by the National Assembly with amendments on 9th May, 2013. The House now having adopted the Report of the Budget and Appropriations Committee under Order No.9 of today’s Supplementary Order Paper, I will now proceed to execute my constitutional duty and submit the Bill directly to the President for assent within the requisite timelines.

  • (Applause)
  • Hon. Speaker

    In this regard, Order No.10 on the Supplementary Order Paper will, therefore, stand dropped.

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  • June 6, 2013 PARLIAMENTARY DEBATES 37
  • (Order No.10 dropped)
  • On the said Supplementary Order Paper, there are some two typographical errors; the Order appearing on Page 112 should read No.11 while the next Order on Page 113, Motion by Hon. (Ms.) Juma should read as No.12. Thank you. Hon. Musyimi, with the leave and sympathy of hon. Speaker, proceed.
  • PAPER LAID

  • Mutava Musyimi

    Hon. Speaker, Sir, I am fully grateful. Thank you for indulging me and now wish to lay the following Paper on the Table of the House, today Thursday, 6th June, 2013:- The Budget and Appropriations Committee Report on the Estimates of Revenue and Expenditure for Financial Year 2013/2014. The Budget and Appropriations Committee Report on the Estimates of Revenue and Expenditure for Financial Year 2013/2014.

  • (By hon. Musyimi)
  • Hon. Speaker

    You have the leave and the sympathy again of hon. Speaker to give Notice of Motion.

  • NOTICE OF MOTION

  • ADOPTION OF REPORT ON ESTIMATES OF REVENUE/EXPENDITURE

  • Mutava Musyimi

    Hon. Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts The Budget and Appropriations Committee Report on the Estimates of Revenue and Expenditure for Financial Year 2013/2014, laid on the Table of the House today, Thursday, 6th June, 2013.

  • Hon. Speaker

    I think it is important to appreciate the Paper laid by hon. Musyimi and since the House does not sit on Fridays, I would like to encourage hon. Members to each get a copy because it is an extremely important document dealing with appropriations. It will, obviously be on the Order Paper on Tuesday for debate. It is for that reason that I exercise the powers of the Speaker under Standing Order No.1 to allow hon. Musyimi to lay that Paper at this late hour and also to give notice of Motion so that during the weekend, hon. Members can have time to read through that Paper. I am sure that as you know the Budget Committee has really worked overdrive the last few days to come up with that Paper. Therefore, I want to encourage hon. Members to get copies of the said document. Next Order!

  • UPGRADING OF ROADS IN CONSTITUENCIES TO BITUMEN STANDARD

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  • June 6, 2013 PARLIAMENTARY DEBATES 38
  • Stephen Kinyanjui Mburu Kk

    Hon. Speaker, Sir, I beg to move the following Motion:-

  • Stephen Kinyanjui Mburu Kk

    THAT aware that the road network in the country currently stands at approximately 160,886 km, out of which only approximately 11,189 km are paved; noting that the extent of the unclassified rural and urban roads remain unknown with most of such roads in bad condition; aware that good infrastructure facilitate trade, economic development and improvement in the quality of life; this House urges the Government, through Kenya Rural Roads Authority (KERRA), Kenya National Highway Authority (KENHA and Kenya Urban Roads Authority (KURA) to upgrade a minimum of twenty (20) and a maximum of thirty (30) kilometers of roads to bitumen standards in every constituency across the country in every financial year to enhance the road network in the country and subsequently enhance agricultural productivity and job creation.

  • Stephen Kinyanjui Mburu Kk

    I would like to take this House a little back and remind it about floods which washed away our roads. The damage the floods caused on our roads is estimated at Kshs30 billion. This is a very serious issue because if we want to achieve food security in this country, then we have to repair our roads. This is because most of our food comes from the rural areas because our economy is agriculture-based. Those roads are in a very bad state and we have a tall order to achieve food security.

  • Stephen Kinyanjui Mburu Kk

    Hon. Speaker, Sir, the floods which were experienced a month ago damaged our roads to the tune of Kshs30 billion. This is the case and yet the allocation that was made by the Treasury was a mere Kshs1.5 billion. So, you can see that there is a deficit of Kshs28.5 billion. This amount will only cater for the existing roads which were damaged by the floods. Most of those roads are unpaved and they are in the rural areas where agricultural activities normally take place. That is why I came up with this Motion and I would like to plead with this House to pass it. Although we understand the financial constrains that this country goes through because I belong to the Budget Committee, and bearing in mind that we have a deficit of almost Kshs160 billion this financial year, we can achieve this in each and every financial year depending on the funds that are available. A minimum of 20 kilometres per year translates to 100 kilometres in five years. So, hon. Members can identify one or two roads within their constituencies which is their lifeline and then it is developed within five years. You will do very well if you have 100 kilometres of paved road.

  • Stephen Kinyanjui Mburu Kk

    Hon. Speaker, Sir, when this House was inaugurated, I was shocked to learn that most of the Members contribute funds to primary school children to go and see paved roads elsewhere. You cannot image this level of marginalization. I do not even know the best parliamentary words that I can use. This infrastructure imbalance has to come to an end but how will it come to an end? It is by making sure that after the dispensation of the new Constitution each and every Kenyan is equal; each and every area or part of this county is also equal. How do we deal with the historical injustices of infrastructure without which an area can never develop? That is why some areas of this country are like the Great Britain or the First World while some counties are in the Third World. To amend that historical injustice as far as infrastructure is concerned, I plead with this House to see the light of the day and make sure that the equitability in road infrastructure in this country is implemented in each and every constituency. For example, Kshs125

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  • June 6, 2013 PARLIAMENTARY DEBATES 39
  • billion has been allocated to the Ministry of Transport and infrastructure in this year’s Budget.
  • [Hon. Speaker left the Chair]
  • [The Temporary Deputy Speaker (Hon. Kajwang) took the Chair]
  • If you look at specific roads, and I do not want to mention them because I do not want to be seen to be bias or targeting certain regions, you will see that the distribution of those resources is not well done. So, how do we go about it? That is why I kindly plead with this House to pass this Motion. Even if we cannot do it in this financial year, we can start in the next financial year. We can allocate little money in the next financial year. This is because a kilometre of road done to bitumen standard costs about Kshs20 million. So, if you have about 20 kilometres, it will cost about Kshs400 million. That is not money we can afford. We can also float infrastructure bonds with maturity period ranging between 10 and 15 years. So, we can fund this locally. We can also fund this through external investors. We have people in the public/private sector who are interested in this. We can start levying on some of the roads which have been done to finance new ones so that, at least, we achieve a level growth rate in this country.
  • Hon. Temporary Deputy Speaker, Sir, I do not want to take too much time of this House but I kindly plead with the Eleventh Parliament to support this Motion so that, at least, each and every constituency can enjoy that facility. I would like to request hon. David Kiaraho to second this Motion.
  • Thank you, hon. Temporary Deputy Speaker, Sir.
  • David Njuguna Kiaraho

    Hon. Temporary Deputy Speaker, Sir, I rise to second the Motion as moved by hon. Mburu.

  • (Question proposed)
  • Kenneth Odhiambo Okoth

    Thank you, hon. Temporary Deputy Speaker, Sir. I rise to contribute to this Motion with a quick comment that noting that it is debate about wealth; the road to wealth is built with good intentions, this Motion is filled with many good intentions for which we must be realistic on the level of funding implications that it will have.

  • Kenneth Odhiambo Okoth

    While I support the necessity of good infrastructure for commerce, agriculture, job creation and development of our nation, the way the Motion is currently drafted makes it a little bit hard to support it because you cannot plan every financial year for 249 constituencies for a specific number of kilometers as provided for here. So, I think that this is something that should be referred to the relevant Committee to freshen a little bit because I am 100 per cent in support of improvement of our infrastructure for all the good reasons highlighted here namely, to promote commerce, agriculture and job creation. However, I also think that the narrow terms and presentation in the minimum of 20 kilometres and a maximum of 30 kilometres might not reflect economic reality and need at the constituency level and in different parts of the country where the needs may

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  • June 6, 2013 PARLIAMENTARY DEBATES 40
  • be too many or the needs might not be met by what is being done here. We have been carrying out projects just for the sake of meeting the requirements of a law rather than meeting the needs of what our country requires based on a small budget as we realize that our economy is not there yet. While in principle I support the improvement of our infrastructure, fair and equitable distribution of our roads, I am conscious that the narrow presentation of this Motion could lock us down and make us slaves of legislation that we make here without reflecting the reality of the needs.
  • So, I would rather support this Motion and request that it be moved to the relevant Committee to frame it better before it is brought back in a much more realistic fashion for the House to pass it.
  • I want to touch on an issue that is very topical and I did not get a chance to speak about it. Today, in the British House of Commons, the Foreign Secretary brought up the issue of settlement between the Government of Britain, namely, the British taxpayers and the surviving veterans of the Mau Mau War, who are more than 5,300 Kenyans. Here, we are talking about a settlement of a paltry 20 million British Pounds for crimes of torture and crimes against humanity that occurred from 1952 to 1963; a period of 11 years. Let us be realistic. As students of history, we know that the colonial administration throughout Kenya, for 11 years, there should be benefits accounting to more than 20 million Pounds per year. So, the settlement is too little and invalid.
  • Millie Grace Akoth Odhiambo Mabona

    On a point of order, hon. Temporary Deputy Speaker, Sir. As much as I appreciate the Member for Kibra, and his very good contribution, I know we are still in the process of learning, but is he in order to violate the rules of relevancy? We are talking about roads. Indeed, even if he wants to infuse all these Mau Mau issues, he can find a way of cleverly making an issue of roads and infusing it instead of bringing totally unrelated issue. Is he in order?

  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    I thought the Member for Kibra was talking about the roads that the veterans followed.

  • Kenneth Odhiambo Okoth

    Yes, hon. Temporary Deputy Speaker, Sir, and the roads that led them to detention camps which have led them to traumatic memories of a 50 years generation later.

  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    But let it be as relevant as it can.

  • Kenneth Odhiambo Okoth

    Hon. Temporary Deputy Speaker, Sir, I will stick to relevancy. I insisted on bringing up the matter because it is a current issue that has been settled today. It has only come to our attention and we have a new Government in place. Our Mau Mau veterans fought on the long road to freedom for our nation and our Independence and here we are talking about a new Government in place that clearly has not stated what its policy is on this. The Mau Mau case was taken privately through private efforts. It has been a long legal journey that started in 2009 that has just been recognized now. The British are saying that they do not recognize liability even though they are willing to set a settlement in this case. So, this is a current issue. Let me point out that currently, Kenyan forces are in Somalia and I hope that they are not making the mistake that the British Forces made when they were in Kenya between 1952 and 1963 of torturing our people. The reason here is that 60 or 50 years from now, we may be called as Kenyans to account for any

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  • June 6, 2013 PARLIAMENTARY DEBATES 41
  • mistakes and violations that the Kenyan military might be doing abroad. So, thank you for allowing me to bring up that issue and I am willing to learn from the Member of Mbita on how to link up these things.
  • Joseph Kirui Limo

    Hon. Temporary Deputy Speaker, Sir, I rise to contribute to this important Motion. We attach a lot of importance to our roads because they are important for economic development. I appreciate what the Member for Kibra has indicated about considering our priorities and not narrowing them down. The Member who has brought this Motion must have suffered the marginalization which we have had, especially some of us who come from rural constituencies. Some of the constituencies including mine, Kipkelion East, have never seen a road cutting through the villages except for the highway which passes through Kericho Town. For any economic development to take place, there must be good roads. For the last ten years, the Government has come up with performance contract. That is why we established many authorities like the KURA, KERRA and KENHA and each one of them has a certain mandate. We have seen their work and compared it to what was being done before by the Ministry of Public Works, which operated without any work plan and performance contracts. I support what the Member is proposing to ensure that other than these authorities working on our roads, they should have a specific minimum work plan to ensure that everyone in this country enjoys a better road. Some areas have suffered for a long time in this country. For example, there is an important road that cuts across a very productive agricultural area in Nakuru and Kericho. It cuts from Chepchir to Molo, which is a very productive area. More often, lorries and tractors get stuck on the road when ferrying potatoes and cabbages. A lot of produce go to waste from this area yet in other parts of the country, people are dying from hunger. A lot of food is produced in this country, but there are no roads to take it to the markets or to the NCPB. Whereas I support this Motion, I urge this House to take this seriously. If such roads are tarmacked, our farmers will sleep well. Most of our farmers, including myself, have sleepless nights when our produce is ready to be delivered to the market but the roads are impassable. There are areas where people spend almost all their savings to get their produce to the market. For example, farmers along the recently constructed Thika Superhighway---

  • Samuel Kamunye Gichigi

    On a point of order, hon. Temporary Deputy Speaker, Sir. This is a very important Motion and I imagine that every Member in this House would want to contribute on it. I am, therefore, proposing that we limit the time that each Member is taking to five minutes under Standing Order No.97.

  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    All right! I think that is a very valid point of order. I have about 15 requests, making this Motion very popular.

  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    Hon. Limo, you are on your feet. We will give you one minute to complete your five minutes.

  • Joseph Kirui Limo

    Hon. Temporary Deputy Speaker, Sir, whereas I agree with your ruling, I would have requested that the new time limit does not apply to me because I was already on the Floor. However, I appreciate the fact that all the Members must contribute. It is very important that we support this Motion and adopt it, so that we can have a minimum of 20 kilometres of tarmac in each constituency. If there are enough resources, we can have more.

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  • June 6, 2013 PARLIAMENTARY DEBATES 42
  • I know that the thinking of the Member was that if we put a minimum, we will ensure that this is achieved in every constituency. I support that we should have a minimum of 20 kilometres of tarmac and we can move on from there. Many areas are suffering and I want to mention a few before I conclude. For example, the Chepsion- Kebenet Road, which cuts across a very productive agricultural area which produces coffee and maize. The other area is Londiani –Tendeno;Londiani-Makutano; Chepsion- Lemotit; Chepsion-Sitiani; Chepchir-Molo and Brooke-Maili Nne. I support this Motion and ask all hon. Members to do the same. We need to put a lot of resources towards our roads and ensure that our economy grows. Our farmers should be given an opportunity to concentrate on economic activities without getting stressed about how they will get their produce to the market. I beg to support.
  • Millie Grace Akoth Odhiambo Mabona

    Thank you, hon. Temporary Deputy Speaker, Sir. I support this Motion. I would like to note that we did not necessarily need to decrease--- My understanding is that this should be going on until next week. Because of inequalities that we have seen in this country, there are areas that are more developed than others. There are areas that have more than they need. My constituency does not have any tarmac. We have had an allocation for a tarmacked road which has been tarmacked in patches. There are cows and goats there and even grass is growing on parts of the road. I will soon be requesting a statement from the relevant committee on what happened to that road. This is because we could not have put in so much money. There is a lot of wastage in the budget of this country. This is from what I have seen in the last Parliament. Unfortunately, this year, the Government was a little bit cheeky and it did not give us an itemized budget. So, really the budget we are passing here is, in my very humble view, just a PR exercise. It is more like the vetting process that we are doing which has become sort of a conveyor belt. Names just pass without really interrogating people seriously. It is the same thing we are doing with the budget. We are not really interrogating it very seriously. We put in a lot of money that is usually wasted in things that are not necessary, for instance, an aeroplane for the Judiciary. I do not know what the Judiciary needs a plane for and yet where I come from people do not have even the most basic of things. We do not have a court! Can they first of all get us a court before they get a plane for the Judiciary? However, I think that the greater challenge that we have is to harmonize the various roles of the new institutions that we have in this country, that is, the Senate, the National Assembly, the national Government, and the devolved units. Even now the roles are not very clear. The devolved Governments have also come up with their budgets. Most people do not know what is in their budgets. You will realize that most of their budgets have only recurrent items. Our budget, although it is much project focused or programme focused, 60 per cent to 70 per cent of it is still recurrent budget. So, we are presuming that there is some money that is going to the roads either in the devolved system or in the national budget. My worry is that we might actually pass this Motion and pass that there is absolutely nothing in the budget. As a matter of urgency we need to have a forum where we teach each of the institutions their respective roles and then harmonize.

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  • June 6, 2013 PARLIAMENTARY DEBATES 43
  • From what has gone in the House this afternoon, it is very clear that we are going to have a lot of push and pull until we harmonize the respective roles of the Senate and the National Assembly. For me it is not a question of superiority or inferiority but an issue of service for this country. So, the sooner we let that go the better it will be for this country. Finally, I would like to say that the road to freedom is access to media. I am glad that the Speaker gave a ruling that we will find space for the media even if they are not friendly to us as Members of Parliament and they are giving a lot of misleading information, including the fact that last weekend the Daily Nation said that I spoke in support of salaries which I do not have. I am not saying that I am not supporting it, but I think the media needs to be correct about their reporting. It, however, does not mean that we take away the freedom. So, I would like to encourage that the Media Centre was set up for the media and it will be good if they are left to do it. Hon. Temporary Deputy Speaker, Sir, with those few remarks, I beg to support.
  • Peter Weru Kinyua

    Thank you, hon. Temporary Deputy Speaker, Sir. We cannot downplay the need for proper infrastructure. We have come from the regions which have suffered a lot especially the 24 year rule in this country. Infrastructure was almost a favor. This Motion is good and can be made better. Had it been in place I would not have a road which is 57 kilometres traversing Sagana and Marwa take ten years to construct. This would have taken two years. If this was in place I would not have in my constituency a road that we are competing who should construct it. We had to bring this to the attention of the President when he visited us. The road is only five kilometers. Again, if this was in place we would have a good road of say 30 kilometres and this would help us transport our coffee to the market. Probably there is a bit of fine tuning that we may need to do. We have talked about value for money. If you spend so thin so that you achieve uniformity, sometimes equity is not necessarily uniformity. This also touches on the practicability of these issues. For example, to give the people of Starehe 150 kilometres within their constituency, they do not even have those roads, but they still have some infrastructural needs that can be crafted to their needs. We have roads that traverse across constituencies and counties. These are mostly done by KeNHA. It will pose logistical and project management challenges to have them done in bits of 30 kilometres. If you go to Wajir and you do, say, 20 kilometres or 30 kilometres you may not achieve the desired results simply because the distances are so vast in such a constituency. We need, therefore, to support this Motion and see how it can be fine-tuned to ensure that the infrastructural development that we are all yearning for is achieved. A stitch in time saves nine. We have had very big challenges with maintenance of our roads. We do not have to do roads and forget that they need to be maintained. Many of the road accidents that we experience today are as a result of poor maintenance. There should be a proper programme of maintaining our roads to ensure that the gains we have made are consolidated and then we move forward, as a country, without having dilapidated roads that were done only a short while back. Such roads actually pose a bigger challenge than

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  • June 6, 2013 PARLIAMENTARY DEBATES 44
  • undone roads. Therefore, as we look into this, let us also ensure that we entrench the maintenance part of it but---
  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    Hon. Sumra, can you approach the Dispatch Box and contribute from there?

  • Irshadali Mohomed Sumra

    Thank you very much, hon. Speaker, Sir. This is a very a very important Motion. Hon. Temporary Deputy Speaker, Sir, I have a different view. The roads that have been made by China Roads and Bridges Corporation are excellent. If you go to the rural areas, like our leader said, maintenance of roads is a problem once the floods come. I have a suggestion. We have the cabro technology that has come in. A cabro manufacturing machine from China or India costs Kshs5 million. So, the Constituencies Development Fund (CDF) could buy these machines. If you currently buy cabro, it costs Kshs1,100 per square metre but if you manufacture the same on your own, you will do so at Kshs600 per square metre. You save 40 per cent. Maintenance of cabro road is cheaper. If one part is bad, you remove it and do it again. It has a lifespan of 50 years. It depends on how many tons of weight load you want. If you use your own CDF resources to purchase this machine, you will employ your youths. I am ready to share the idea with hon. Members. Definitely, that is going to be my pilot project in Embakasi. I have already done some research. I am already getting some quotations from India and China. Most importantly, if we are talking of the cost of road construction going to a million shillings per kilometre and then the rains come, and considering the substandard work that is done by our local companies – if we want to give the works to China Road Corporation I have no problem – we are not addressing this issue. Hon. Temporary Deputy Speaker, Sir, I am putting this forward on behalf of seven or eight constituencies, your constituency included. From Jomo Kenyatta International Airport (JKIA) to Kasarani and to Babadogo Road, there is serious need for road reconstruction. If you look at Mbagathi Way, Langata and Waiyaki Way, you will appreciate that dual carriage ways have been done. We are losing a lot of money in terms of time and fuel. I need your assistance with the Members of Parliament who border this constituency. It is only eight kilometres long. Looking at Outering Road, apart from the Taj Mall which has come up on the roadside, everybody has kept away. If we dedicate resources to the reconstruction of this road, from JKIA and do four kilometres each year, believe me, the traffic jam will ease. The hon. Member has brought a Motion which is more related to roads in rural areas. Go to Mukuru kwa Njenga and Mukuru kwa Ruben, the roads are bad. At times of emergencies, especially at night, we find that we have no roads. So, I hope that this resolution will also cover slums. I would love to have slums in Kibra, Mukuru, Embakasi, Kayole and Maili Saba, covered. If we sit down in a different place, I will give hon. Members a solution with the cabro-making machines. Let us not buy cabro from people who are out to make money. Let us manufacture them ourselves, employ our own people and develop the county. Let us put importance to Outering Road. Let us give notice to those buildings which are on the road. Let us now join together as Nairobi Members of Parliament and do Outering Road.

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  • June 6, 2013 PARLIAMENTARY DEBATES 45
  • Hon. Speaker, Sir, if the Government does not have money, let us construct a flyover from the JKIA to Westlands. There are people who are ready to pay that money. Let us give it to them for 15 years or 20 years. Those who would want to avoid the traffic jam would drive on that highway. Everywhere you go in Malaysia, there are road tolls. There are also people who are ready to invest in metro trains. We can have metro trains operating from Thika to Nairobi and from Limuru to Athi-River. You can have a train departing after every five minutes. There are people who are ready to invest in this area to de-congest traffic in the country. I am initially talking of Nairobi. Mombasa can then follow. Talking of roads, North Coast to South Coast, Dongo Kundu---
  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    Order, hon. Sumra! That is all the time you could have.

  • Irshadali Mohomed Sumra

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

  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    Yes, hon. Sakwa John Bunyasi.

  • John Sakwa Bunyasi

    Thank you, hon. Temporary Deputy Speaker, Sir. I rise to support this Motion. It is, indeed, a very timely Motion. I want to thank hon. Steven Kinyanjui for bringing it to the House. One cannot overemphasise the role of infrastructure in activating economic activities in the areas they serve. Obviously, there will be a big benefit. Also, the fact that you can spend some of the money locally means that rural economies will be energised quite apart from the trading effects that might be there. People living near urban centres, where roads are tarmacked, will probably not appreciate the significance of a Motion like this one. In my county, and specifically my constituency, it will be a real opener. We have roads which may link up two constituencies, like the road from Mungatsi to Bungoma/Musikoma, a distance of about 20 kilometres. My neighbour from Bumula is here. I am sure that if we had something like that, it would be a wonderful opener. The road from Mungatsi to Kimaiti and, again, to Bungoma County, is about 20 kilometres long. This would make a huge difference in terms of opening up outlying areas, which have a huge untapped potential. The roads in that area are in such a bad state that you cannot even ride a bicycle on them. There are sections where you have to carry your bicycle to go over them. So, we are talking about roads which get really bad, particularly because of the rains. Hon. Speaker, Sir, even though a distance of 20 kilometres in a place like Marsabit Constituency or Garissa might look small, if we had been doing 20 kilometres annually since Independence in each of those areas, there would be between 1,000 and 1,500 kilometres by now, which would begin to become significant. If we can chip away bit by bit, consistently throughout this period, it will finally make a big difference. Therefore, I strongly support this Motion, to which we can bring amendments. It is fundamentally a very good Motion, which I would like to support and stay focussed on it, so that we can support it all through. I will save some minutes for another hon. Member, because I am a very considerate person. With those remarks, I beg to support.

  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    All right, then give it to your neighbour, hon. Boniface Okhiya Otsiula.

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  • June 6, 2013 PARLIAMENTARY DEBATES 46
  • Bonface Okhiya Otsiula

    Thank you, hon. Temporary Deputy Speaker, Sir, for giving me this chance to contribute to this very important Motion by my friend, hon. Kinyanjui. This is a very important Motion. We have some constituencies in this country where people have never seen a tarmacked road. They only see it on television and perhaps when they are reading newspapers. However small the distance of 20 or 30 kilometres may be, it will go a long way in bringing change into the various constituencies which have been neglected for a long time.

  • Bonface Okhiya Otsiula

    Hon. Temporary Deputy Speaker, Sir, as my colleague for Busia, Nambale has said, we have very important roads linking constituencies and counties like the particular road that hon. Bunyasi has just talked about; the Musikoma-Buyofu-Mungatsi Road. It is a short cut between Bungoma County and Busia County but people have to go all the way to Mumias to be able to connect to Busia County. If this road was actually tarmacked, it would be the shortest road for one to travel between the two counties. So, I want to urge that giving 20 to 30 kilometres each financial year to each constituency is an idea that should be supported. I am sure each hon. Member here will first of all give priority to a road which is passing near or close to his or her home. That is going to be a priority to most of us here. In fact, the former President honourable Mwai Kibaki had ordered that, that particular road which we have mentioned; the Musikoma- Buyofu-Mungatsi Road be tarmacked. That was way back on 1st March 2010 but to date nothing has been done. So, whatever the circumstances, I do not expect that hon. Members should pass this Motion with any reservations. This is a Motion which we must give priority, particularly for us Members of Parliament from Western and Nyanza which areas are predominantly cane growing regions. We need good roads so that we are able to move our agricultural products from the farms to the factories and from the farms to the market centres. Hon. Temporary Deputy Speaker, Sir, I support this Motion.

  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    Member for Ndhiwa, I presume you have dropped your request. Order! You must have struck your button twice because I do not see you on the request anymore. All right, with my sympathy therefore I allow you to proceed.

  • Augostinho Neto Oyugi

    Thank you very much, hon. Temporary Deputy Speaker, Sir. I think it must have mistakenly gotten off but thank you very much for sympathising with me. I rise to support this Motion. I think it is a Motion that is timely and well thought out. Hon. Temporary Deputy Speaker, Sir, this Motion actually is in line with the various provisions of the Kenya Constitution in Articles 25, 26 and Article 43. If you look at them, they give the right to development. For a long time this country has watched development being done in a very skewed manner but right now Kenya, having signed several conventions which is part of our law and also giving rights to Article 43 which makes development a matter of constitutional right, I really think that this sort of Motion is one that makes us operationalise the various arms of the Constitution. It is a good thing. Hon. Temporary Deputy Speaker, Sir, several parts of this country have for a long time been left without any single trace of tarmac and this of course has been because the powers that be at particular moments did not take a special interest or cognizance of those various areas. A Motion like this passed into law of course will then help operationalise

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  • June 6, 2013 PARLIAMENTARY DEBATES 47
  • parts of the Constitution which then makes all Kenyans equal regardless of whatever part of the country they come from. Hon. Temporary Deputy Speaker, there are parts of this country; the northern parts of Kenya and also parts of Nyanza and Western, that would give rise to jobs and open up the regions for tourism. I am not a civil engineer but my civil engineer friends tell me that roads basically create civilization and if at all you want to help Kenyans move to the next level, then you must give it at least very small pieces of roads every year. With a Motion like this, we must definitely then be moving Kenya towards the right paths of development. Many parts of Nyanza, where I come from and particularly Ndhiwa Constituency, are fairly agriculturally rich but I have been grappling with about ten kilometers between two major roads in my constituency. I have been promised that these would be done for the past four to five years, but nothing has come of them. Farmers continue to lose produce on the Opapo-Mirogi Road. There is also the Pap-Oluanda-Awiti Road which we were actually promised by the President would be done, but because these were things that were verbally said and they were not policy ingrained, it was not possible then to activate them. A Motion like this enacted into law then sufficiently makes those particular promises actionable and I think in the next couple of years we must be looking at various parts of the country that are sufficiently very motor able. Hon. Temporary Deputy Speaker, if we open up the roads in terms of putting bitumen on the various surfaces, then you can be sure that the economy is going to grow sufficiently and we will be having a lot more money to do many other things and to pay for all other expenses. One of the things that we need to pay very close attention to is that - I am told there is a thought to harmonise or merge the various road authorities that have been managing the various road networks in Kenya. I think so far they have worked very well unless there is a particular reason. The Kenya Rural Roads Authority (KERRA), the Kenya Urban Roads Authority (KURA) and the Kenya National Highways Authority (KENHA) should be left on their own so that they do the work that they do in the manner that they have been doing because, at least, it has worked. I think wisdom has it that if something is working, do not try to reinvent the wheel. Hon. Temporary Deputy Speaker, Sir, merging all these under one authority then would create several bottlenecks. It will lead to corruption and it will be difficult to do our roads. So, I think as a country whereas this Motion needs to be supported, I am actually urging hon. Members to support it but we need to move to the next level which is enact the specifications into law and then we move towards allocating the monies and making sure that Kenya is sufficiently motorable. Hon. Temporary Deputy Speaker, Sir, there has been a lot of wastage in the past Government. If you notice, an arm like the Judiciary has interest in flying airplanes and building a house for the Chief Justice at Kshs600 million. Honestly, a country cannot afford these sorts of things. The Deputy President’s house has been built for crazy millions of shillings and actually the former Vice-President and the Deputy President were even split on whether to live in it or to live in the other houses. This is money the country can actually afford to put into doing roads which would then give us more money to do other things like health and social welfare issues.
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  • June 6, 2013 PARLIAMENTARY DEBATES 48
  • Hon. Temporary Deputy Speaker, Sir, I think this is a good Motion and I rise to support it. Thank you very much.
  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    Hon. Samuel Gichigi.

  • Samuel Kamunye Gichigi

    Thank you, hon. Temporary Deputy Speaker, Sir. I rise to support this Motion. Kipipiri, the constituency that I represent, from the days of Uhuru stayed for more than 47 years before we could know what a tarmacked road looked like. I know very many parts of the country suffer the same fate. Hon. Temporary Deputy Speaker, Sir, one thing that got people or Kenyans excited is the CDF. Going the CDF way when it comes to paved roads is going to provide a solution to the infrastructural problems that we have in this country. I know everybody is talking about equitable distribution of resources. I think this Motion is one of them. I agree that let us remove the ceiling that has been proposed in the Motion. We are also aware that we may require to harmonise a few things because of the resources that may be required to implement this particular decision, but this is the route to go. I think everybody should support the Motion. Save for just a few logistical problems that may face the implementation initially, this is the route to go in future. I support.

  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    Hon. George Muchai.

  • George Mukuru Muchai

    Hon. Speaker, Sir, I rise to support this Motion and wish to commend Hon. Kinyanjui and assure him that for this Motion, it is not only hon. Members in this House who are speaking about it but it is literally every Kenyan who would like to speak about it. I am a worried person based on what hon. Sumra told this House. I joined hands with his view that it takes the Chinese to come all the way from China to come and construct our roads to the desired standards whereas we have road contractors in this country. I was surprised to hear the Minister for Roads, Mr. Bett, when checking on the development of Thika Road saying that they are responsible for supervising the work that is being done. I wondered how a country that is not able to develop its road infrastructure to the level that the Chinese have done can offer supervision on that same level. This Motion seeks to reduce the cost of transportation in this country in the sense that the cost of repairs of vehicles running on our roads will be brought down in a big way, if we have the desired road infrastructure. If we want to take Kenya to the next level of development, we have to determine and prioritize our areas of development. For us to do that, we must have key indicators. The CEOs in respective roads authorities must have their targets set to ensure that they deliver to Kenyans. I think this Motion is seeking to set those targets when it talks as it does that there be a minimum construction of 20 kilometers of road in each constituency.

  • George Mukuru Muchai

    What is the purpose of establishing the authorities when you cannot set the targets by which they operate? Apparently, Kenya seems to be the only country in this world that has its priority in terms of development wrong. It seems to allow development to precede planning whereas in other countries, planning precedes development. Look at the example of Dagoretti Corner Shopping center which is one of the oldest shopping centers in this country, to this day, it has not seen the light of tarmacked roads yet it is a very busy commercial centre. I represent a constituency that borders the capital city of Kenya. From the face of it along Naivasha Road, one is bound to think that the level of interconnectivity within the constituency is very smooth but it is to the contrary. I can

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  • June 6, 2013 PARLIAMENTARY DEBATES 49
  • assure that during the rainy seasons, in Kabete Constituency there are areas, particularly the area of Kamuguga where you cannot get to your house if there is a drop of rainfall. So, this is a Motion that needs to attract the support of all hon. Members in this House because it is seeking to transform our country. We should have our people priding themselves, particularly road contractors by way of demonstrating that they are capable to produce for Kenyans---
  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    Your time is up!

  • Chris Munga Nyamaratandi Bichage

    Hon. Temporary Deputy Speaker, Sir, I stand to support this Motion. In my constituency, the only roads that pass there are roads that pass from Nairobi to Kisumu and the road that passes from Nyaribari Masaba going to Bomachoge. Without infrastructure, you cannot do meaningful agricultural development, especially horticulture. You may know that in my constituency, the land sizes are very small and so the type of farming that you can do in areas like Kitale cannot be done in Nyaribari Chache because you are talking of a land size of a quarter of an acre to one acre and a maximum of one acre. So, we live on horticulture, growing bananas, avocadoes and sugarcane. These are perishable items and I have requested in the Budget that we get a cold room. Without roads, you are not going to get them from the village because we are a high rainfall zone where out of 12 months, seven or eight months are raining. This means there is no way you can get your produce to the road. So, this concept of 20 kilometers of bitumen per annum is fantastic. I would rather put it as a minimum and like other speakers have said, we have several areas we can cut and paste. Get money and put into infrastructure. I know that we have been spending a lot of money on flowers in the offices; Kshs6 billion. We have been spending a lot of money on luxuries and we have a lot of wastage. There is leakage in our budget and we should look at all these loopholes, change and put money in roads.

  • Chris Munga Nyamaratandi Bichage

    I support this with the view that most of our people in the rural areas are suffering especially when it comes to healthcare. People die from very flimsy diseases. If you are sick and you live about two or three kilometers inside, people are taken to hospital on wheelbarrows in my constituency. When it is raining, God help you that you should get to a place close to a dispensary. However, if we have tarmac, even on a wheelbarrow or bicycle or tuk tuk you can get to hospital and hope to get medicine eventually. Whereas we are talking about other areas where we have serious problems with healthcare, the road network is mandatory because you cannot talk about health if you cannot access medication. I would request that even if the current Budget may not allow, we shift funds to make sure that we try and attain the requirements and expectations of this Motion, of a minimum of 20 kilometers of bitumen per constituency as a starting point. Going forward by the fifth year of this term of Parliament, we should hopefully be thinking about 120 to 140 kilometers of bitumen per constituency.

  • Chris Munga Nyamaratandi Bichage

    With those few remarks, I beg to support.

  • (Several hon. Members stood up in their places)
  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    Order, hon. Members! This is obviously a popular Motion but it is an ongoing Motion. You can speak to it when the House resumes.

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  • June 6, 2013 PARLIAMENTARY DEBATES 50
  • ADJOURNMENT

  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    Hon. Members, we have now come to the end of today’s sitting. The House is, therefore, adjourned to Tuesday, 11th June, 2013, at 2.30 p.m.

  • Tom Joseph Kajwang' (The Temporary Deputy Speaker)

    The House rose at 6.30 p.m.

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