Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the House:- The Report on the meeting of the steering Committee on the African Parliamentary Network Development and Evaluation held on 25th to 26th September, 2014 in Addis Ababa, Ethiopia.

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, aware that devolution is the transfer of functions, resources and power to the sub-national levels of government in order to promote participation, democracy and sustainable development for the benefit of all citizens of Kenya; noting that pre-primary education, village polytechnics, homecraft centres and childcare facilities are devolved functions; concerned that the Department of Education still upholds the historical classification of secondary schools into national, provincial and district; cognizant of the fact that such categorization has implications in terms of funding, administration and eventually academic performance; appreciating that in a devolved system, counties will play a big role in the educational outcomes of their counties and that the current classification The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for allowing me, although I was not listed on the Order Paper – I am very grateful for this - to give notice of the following Motion:- THAT, recognizing the role played by Prof. Ali Mazrui in the pre-and post-independence history of Africa; noting that Prof. Ali Mazrui, who was born in Mombasa, Kenya, rose to be one of the most respected scholars, political writers and thinkers who laboured to improve the African situation as a distinguished academic scholar on African and Islamic studies and in the process indelibly putting Kenya on the global scholarly map; recognizing that due to his exemplary credentials and attributes, he was honoured with numerous national and international leadership positions and awards; regretting that Prof. Ali Mazrui passed away on 13th October, 2014 in the United States of America; the Senate joins the family, friends, the people of Kenya and the international community in eulogizing and paying tribute to the academic icon, nationalist and Pan-Africanist, who has left a remarkable and lasting legacy in the world.

Order Members! Given the nature of that particular matter of the Motion by the Senate Minority Leader, I would like us to dispose it today. So, we will allocate time from 5.30 to 6.30 pm. Sen. Wetangula has petitioned that he will be representing the Senate at another meeting at that particular time and also given that the House must address itself to this matter, I will allocate one hour after the end of Statements. Next Order!

Mr. Speaker, Sir, on 1st October, 2014, I had requested a Statement from the Standing Committee on Health on the status of the drugs that were destroyed at the Kenyatta National Hospital (KNH) which were meant to treat type II diabetes in children. It was due this week, maybe I could get a status on the same from the Committee.

Is the Chair of the Committee, the Vice Chair or any Member of the Committee in the House? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I am a member of the Committee on Health and I have taken note of what Sen. Wangari has said, I will put it to the Chair when he turns up.

Order, Sen. Nabwala. Membership of a Committee for an old matter like this one cannot be for you just to be a bearer of news. You need to tell us whether you considered it or not.

We have deliberated on the matter but the Statement is with the Chair.

Can you commit him to bring the Statement on Tuesday? Failure to do so, you will bring it yourself. Sen. Wetangula!

Mr. Speaker, Sir, I beg to move the following Motion. THAT, recognizing the role played by Prof. Ali Mazrui in the pre and post-independent east of Africa; noting that Prof. Ali. Mazrui who was born in Mombasa---

Sen. Wetangula, what are you doing?

I am moving the Motion. The Speaker said after Statements and I thought there were no more Statements.

I said after Statements, but I did not say you should move the Motion. You had indicated that you wanted to request to move the Motion and I also know that you have a Statement.

So, have you called me under Statements?

Yes, but I have not called out the next Order.

Okay.

Proceed. THE UNLAWFUL REMOVAL OF MR. FRANCIS ATWOLI FROM OFFICE

Mr. Speaker, Sir, I requested for a Statement in regard to the unlawful removal of Mr. Francis Atwoli from office. The Statement came, but we did not prosecute it. Since my request, and being a lawyer and a respecter of court processes, Mr. Atwoli went to court, the unlawful and illegal activities of the Minister for Labour were reversed. They now have a status quo and the matter is pending before the court. Consequently, I seek your indulgence to stay the request for the Statement until we see the outcome of the court process.

It is so granted. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to seek a Statement from the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries regarding the impending food shortage occasioned by the damage to maize in the farms due to the onset of short rains. In the Statement, the Chairperson should address the following:- (i) Whether the authorities are aware that there are ongoing prolonged ElNino like rains, especially in the North Rift, threatening the little maize in the farms and if there are plans to provide farmers with mobile dryers to redeem the maize from rotting. (ii) When the National Cereals and Produce Board silos in the North Rift will be opened to allow farmers deliver their maize produce and save them from exploitation.

Chairperson, Committee on Agriculture, Livestock and Fisheries?

We can respond to that matter in two weeks time.

Two weeks is okay. Sen. Kembi-Gitura, do you have an intervention?

Yes, Mr. Speaker, Sir. It is on the issue of Statements.

Let Sen. Gwendo proceed, then I will give you a chance. PLIGHT OF FARMERS IN NYAMTHOWI, KOLWA CENTRAL LOCATION, KISUMU EAST CONSTITUENCY

Mr. Speaker, Sir, pursuant to Standing Order No.45, I rise to request for a Statement from the Chairperson of the Committee on Land and Natural Resources regarding the plight of farmers in Nyamthowi, Kolwa Central Location, Kisumu East Constituency. The area in question is a wetland that was converted to community land. There is no title deed to the land even though it is very fertile and arable whereby once it rains, the top soil is eroded from Rift Valley regions and settles in the area. However, it also floods thereby destroying crops. Farmers have been trying to farm beans, kales, maize and other products but have not been reaping benefits due to perennial flooding. There is also a poor road network and rampant attacks by hippos on the farms that eat up most of their produce. Agriculture being at the heart of farmers in this area, I would like to know what the Government is doing in regard to the following:- (i) the measures being taken to deal with perennial flooding; (ii) what the Government is doing to contain the hippo menace to the farms through the Kenya Wildlife Society (KWS); (iii) what measures are being taken to develop a proper road network so that farmers’ produce can reach prospective markets; and, (iv) what the progress is in terms of title deeds to the land being availed. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Chairperson of the Committee?

Mr. Speaker, Sir, although the Statement is directed to my Committee, you notice that it is cross-cutting. The Senator wants to know some issues about the road network and about the control of hippos by the KWS. It is a cross-cutting Statement and we will need to consult other Ministries which are not under our purview. We will therefore ask for four weeks to come up with a comprehensive Statement.

What is your reaction, Sen. Gwendo?

Mr. Speaker, Sir, I would rather work with three weeks.

Mr. Speaker, Sir, my request is for four weeks but should we have the Statement ready even in two weeks, then we will notify the Chair and be allocated time to issue it.

I think Sen. Gwendo will appreciate that you need to work across Ministries because of the cross-cutting nature of the issues raised. Therefore, four weeks will be okay but if you can also demonstrate your commitment by doing it sooner the better. ESCALATING BANK INTEREST RATES

Mr. Speaker, Sir, sometime in or about June this year, a Statement was issued by the Chairman of the Committee of Finance, Commerce and Budget on the escalating bank interest rates but the House sought a better Statement on this matter. The Statement came in or about August from Treasury. Since then, it has not been issued to the House. I would like to get an indication from the Chairperson of the Committee when he expects to issue the Statement so that we can interrogate it.

Chairperson.

Mr. Speaker, Sir, my apologies. I missed the question. I want to seek your indulgence because the hon. Senator for Nandi had engaged me in consultations. I would appreciate if the matter is repeated.

You need to do better than that, Sen. Billow. It is not just good enough to apologize. The House also demands an apology from Sen. Sang for engaging the Chair.

Mr. Speaker, Sir, we were engaged in a very crucial consultation on matters affecting the future of this House and how we need to proceed on a number of issues while proceeding for a serious discussion in Mombasa. I want to apologize but we were doing a great service to this great House.

Except that there are no threats to the future of this House. So, you can only be imagining your own wild things to the extent that you are denying us the present as you think of a future that is not threatened. Hon. Senators, I want to remind you that when a Statement is addressed to you, you should be attentive and other colleagues in the neighbourhood should also intervene.

Mr. Speaker, Sir, I am happy that you have told Senators to take the work of the House seriously. In or about June this year, I had sought a Statement on the escalating interest rates in this country which are affecting development nationally and in the counties. A Statement was issued by the Chairman but it was not sufficient. Therefore, the House requested further details or a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, we have seen that Statement and our Committee has looked at it but we are not satisfied. Treasury has actually failed this country because, pursuant to a presidential directive in February this year, they set up a team of experts including the private sector that came up with a formula that would result in lower interest rates. Today, there is no significant reduction. What we decided yesterday is to have the Minister appear before the Committee next week to shed light on the progress since that new formula was set up to address the concerns of Members. It is not only that, there are other topical issues linked to this one including the exchange rates. After the sovereign bond, instead of the rates going down when we got US$2 billion, the rates rose from US$87 to US$91. Therefore, I have requested to give an answer in two weeks time from today. In shaa Allah.

Mr. Speaker, Sir---

Are you a Member of the Committee, Sen. Wetangula?

Yes, but I am entitled to urge the Chairman to do something further than that.

You are not entitled, Sen. Wetangula. You can only plead.

Mr. Speaker, Sir, I am a Member of the Committee but sometimes because of other duties, I miss meetings. I want to urge the Chairman in furtherance of the distinguished Senator for Murang’a’s request, we have a law in this country which says that banks cannot charge interest rates to loans payable to exceed the amount that was borrowed, that is, the in duplum rule. We passed that law under the watch of hon. David Mwiraria. I want the Chairman to pursue that point to augment the good issue that the distinguished Senator for Murang’a has brought up so that the public is advised that if one borrows Kshs10,000 even if one defaults he or she cannot pay more than Kshs20,000 on that loan. That is what the rule says, but people are paying up to 20 times and end up being auctioned and humiliated.

Mr. Speaker, Sir, that is a very welcome intervention. I strongly support the request for additional information because that law is there. The famous Donde Act on the in duplum rule is there and therefore, we will get further clarification on why the Government is unable to implement some of the provisions of the Banking Act. When it comes to the banking community, Treasury seems to have challenges in implementing the law including the hidden charges by banks.

Mr. Chairman, you have mentioned to us about next week, so we expect the report in two weeks time. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, since you have ordered, I will accept two weeks because it is an important issue. I would like to remind the Chairman that one of the issues to be clarified by Treasury is the issue raised by Sen. Wetangula. I would like the Chairman to interrogate the Cabinet Secretary on all these issues and come up with a very comprehensive answer. Last week, Sen. Murungi, the Chairman of the Committee on Agriculture, Livestock and Fisheries convened a very important meeting of all stakeholders in the tea industry. What continues coming up is that with lower and lower bonuses being paid to tea farmers, more and more of them are very likely to go bankrupt because they owe money to banks, lend on account of tea sales and if they do not get due income from tea sales and the banks deduct them at source, then the tea farmer is going to be left with nothing, rendering him or her bankrupt, children not going to school, being unable to service the loans and banks not taking into account the in duplum rule.

Order, Sen. Kembi-Gitura.

Mr. Speaker, Sir, that is all I would like to say.

Order, Sen. Kembi-Gitura.

Thank you, Mr. Speaker, Sir.

Are you thanking me for ordering you?

Two weeks Senator is not too far. You will still ventilate the same. There is really no Statement you are responding to before the House. Sen. Kindiki! BUSINESS FOR THE WEEK COMMENCING TUESDAY 28TH OCTOBER, 2014

(Sen. (Prof.) Kindiki): Thank you Mr. Speaker, Sir. I rise under Standing Order No. 45 to briefly give the Business of the Senate for the week beginning 28th October, 2014. On Tuesday next week, there will be the usual meeting of the Rules and Business Committee (RBC) of this House and subject to the directions of the RBC, the Senate will continue with business that will not be concluded in today’s Order Paper including the debate on various Bills that are going through the Second Reading. On Tuesday 28th October 2014, next week, we are going to have the Public Finance Management Bill being considered by the Committee of the Whole. So I take this opportunity to appeal to the Majority and the Minority Whips to remind all Senators to be present on Tuesday next week so that we can achieve the required threshold to dispose of the Public Finance Management (Amendment) Bill which will be coming for Third Reading before a Committee of the Whole. Mr. Speaker, Sir, on Wednesday the Senate will continue with the business not concluded on Tuesday and it will consider any other business scheduled by RBC, including the following Motions:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Senators, I think that is the end of Order No. 7.Order No. 8 is deferred.

We can now have the Motion by Sen. Wetangula. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, before I move the Motion, may I seek your guidance on timing. Ordinarily, I am entitled to an hour and I can speak for the whole hour, but that will defeat the purpose of the Motion because I want other colleagues also to eulogise this great Kenyan. So before I start the clock on the hour, you may guide us as to how much time, as the Mover, I should have. I propose you give me 15 minutes. I propose you give the Seconder ten minutes and then all Members speaking depending on the interest, you can oscillate between three and five minutes so that we can give Members as much time and opportunity as possible to eulogise our departed brother.

Order Senators. Let me get an indication. I had allocated one hour because the real essence is for the House to express itself. It should not mean that everybody should get an opportunity to speak. But given the time considerations proposed by Sen. Wetangula, I am wondering whether we should do one and a half hours or one hour.

Mr. Speaker, Sir, One and half hours would be good.

Let us do a maximum of one and a half hours.

What about the timings?

As for the timings, I think you are perfectly in order; 15 minutes for the Mover, 10 minutes for the Seconder, five minutes to every other contributor. You do not need to respond because this is not a Motion that requires any reply.

Proceed, Sen. Wetangula.

Mr. Speaker, Sir, I beg to Move:- THAT, recognizing the role played by Prof. Ali Mazrui in the pre and post-independence history of Africa; noting that Prof. Mazrui, who was born in Mombasa rose to be one of the most respected scholars and political writers who laboured to improve the African situation as a distinguished academic and scholar on African and Islamic studies, in the process indelibly putting Kenya on the global scholarly map; recognizing that due to his exemplary credentials and attributes, he was honoured with numerous national and international leadership positions and awards; regretting that Prof. Mazrui passed away on 13th October, 2014, in the United States of America; the Senate joins the family, friends, the Kenyan people and the international community in eulogizing and paying tribute to the academic icon, nationalist and Pan-Africanist who has left a remarkable and lasting legacy in the world. Mr. Speaker, Sir, may I thank you for allowing me to move this Motion. I will squeeze my comments in the 15 minutes allocated. The late Prof. Ali Mazrui passed on, on the 13th of October this year. The news came as a shocker to everybody; it was run as breaking news given the stature of the person that we are talking about. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof) Kindiki. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you Mr. Speaker, Sir. I take this opportunity to thank the Senate Minority Leader, Sen. Wetangula, for bringing this very important Motion. I know that 15 minutes was not enough for him to talk about Mazrui. I doubt if 10 minutes can be enough. Mr. Speaker, Sir, I met Ali Mazrui twice in my life. Those two meetings took 14 years in between. The first time I met him, I was a doctorate student at the University of Pretoria, finalizing my Doctor of Philosophy (PhD). That was the time when the world was finalizing discussions around the establishment of the International Criminal Court (ICC). Two panelists were called to talk to us about their perspectives on the ICC. One of them was Prof. David Shafer, professor of International Law and former Ambassador- at-Large on war crimes and crimes against humanity. The second panelist was Prof. Ali Mazrui. That was my first encounter with an intelligent, proud African, a very sober and balanced intellectual. I must admit that at that time, I was an ardent supporter of the formation of the ICC. I had even started doing a bit of academic writing because I believed and I still believe that there is need for an international judicial system. During that time, Prof. Mazrui did not agree with my world view. At that time, I belonged to a school of thought of the likes of Prof. David Schafer, the American Ambassador-at-Large for war crimes and crimes against humanity. At that time, I believed that the ICC was necessary to tame small countries like Kenya and others from the brutality that leaders mete on their citizens. I still believe that the ICC has a role to play in Africa. That time, Mazrui still believed that there was need for that kind of system but it must be tamed so that it does not become rogue and oppress poor countries including African countries. It is now 15 years down the line, Mazrui has been proven right and I have been proven wrong. Mr. Speaker, Sir, the second meeting was just a year ago at Moi International Airport Mombasa. Mazrui was leaving Mombasa going back to the United States (US). I had a chit-chat with him at the VIP lounge. I could see a man who has run a full course; a proud Kenyan, proud African and unapologetic, in charge of his destiny, an intellectual, who had accomplished and does not need to shout about it. We had a chit-chat and I promised that if I got time I would visit the USA and maybe have a moment to imbibe part of his vast intellectual resources. It is sad that he never lived to see that third meeting but I am here today to say that what Mazrui has done is to make the dignity of the African man entrenched in posterity. He has shown that an African can rise to the highest level of intellectual success. He has shown that an African scholar can succeed anywhere in the world. That is something that our children and grandchildren should be able to live with and build on. Mr. Speaker, Sir, today, I feel so sad but at the same time I feel so proud that Mazrui has given us the kind of dignity that he has left behind especially for those of us who are in academia. Words will fail me to eulogize him enough. May I take this opportunity to say on my behalf, on behalf of my family, the people of Tharaka-Nithi County and on behalf of the Jubilee Coalition, for whom I speak in this House, to send my condolences to the family of Mazrui, his uncles, nephews, his teachers, neighbours The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante sana Bw. Spika. Ningependa kumshukuru Sen. Wetangula kwa kuleta Hoja hii mbele yetu. Kwa wale ambao hawakuweko katika miaka ya 1960s, kile tumefanya ni kusoma mambo yanayomhusu. Ningependa kuungana na wenzangu kwa kutuma rambi rambi. Ali Mazrui alikuwa na talanta ambayo sio wengi waliyo nayo. Alikuwa msomi, mtaalamu na sio wa Kenya tu, bali wa Afrika na dunia nzima. Nimesoma vitabu vyake na hakuandika tu kuhusu Afrika; ameandika vitabu vya dini ya Kiislamu hata kiyahudi. Ninadhani itakuwa muda kabla tuwe na mtu kama huyu. Ameandika vitabu zaidi ya 20 na makala mengi ambayo nimeyasoma na kusikiza. Sisi kama nchi tunafaa kujifunza sana haswa Serikali ambavyo ilivyo sasa. Serikali hii imefanya muhula wake wa kwanza. Hatujafanya vizuri kuwatambua mashujaa ambao wameweka nchi hii mahali ilipo. Ninadhani mambo ya Ali Mazrui yatatufungua macho, wale ambao tuko uongozini leo na wale ambao watatufuata kesho ili watambue mashujaa wa nchi. Kila mwaka tutasherehekea siku ya Mashujaa ambayo tulikuwa tukiita Kenyatta

. Ni wangapi tumewatambua ambao walifanya kazi kwa kalamu na kutaja mambo ambayo hayangesikizwa? Watu hawa walikuwa na ujasiri wa kuyasema. Wakati alipopewa kazi ya kuwa Chancellor wa Chuo Kikuu cha Kenyatta, alikuwa na haki ya kuikataa kazi hiyo akikumbuka vile alivyoumizwa hapo mbeleni. Lakini kwa sababu alikuwa na mapenzi kwa nchi yake na kwa vile yeye ni mzalendo, aliichukuwa kazi hiyo na kujifanya mdogo hadi akakiongoza chuo cha Jomo Kenyatta University of Agriculture and Technology (JKUAT). Niliyafuata mazishi yake kwenye television kwa sababu singeweza kuhudhuria. Niliwasikiza wale ambao walikuwa wakimjua kibinafsi na nikatamani watu kuongea mazuri kunihusu wakati nitakapokuwa nikiwekwa kwa kaburi. Sisi wote tumepewa changamoto. Lazima tuhakikishe kwamba hata tukifa, hatufi na mambo ambayo tumeona duniani. Tunaweza kuyaandika ili yasomwe na watoto wetu. Mambo ya Ali Mazrui yatasomwa na watoto wetu na vizazi vingine vijavyo. Ningependa kusema kwamba Mungu amlaze mahali pema. Ningependa kutuma rambi rambi zangu kwa familia yake na kwa wale ambao walimtambua alipokuwa hai. Asante, Bw. Spika.

Sen. Martha Wangari, nakupongeza kwa Kiswahili sanifu. Television kwa Kiswahili yaitwa runinga.

Huo ni uchokozi, Bw. Spika.

Hayo yamenipita.

Asante Bw. Spika kwa kunipa wasaa ili niangaze mawazo yangu kwa maisha ya msomi huyu wa Kenya. Kifo ni kudra ya Mungu na kila mtu ni kaburi; yule atakayebahatika kuipata. Wengine hawatapata kaburi kwa sababu watakufa The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you Mr. Speaker, Sir. This afternoon, I want to join fellow Senators in passing our condolences to a departed hero of this country. As I was watching television, something came to my mind. What will I be remembered for in this country? As a leader, what can I do so as to be remembered? This gave me a lesson that in whatever we do, we must work hard to ensure that we are remembered for the good things we do and not for the bad things we have done. We must work hard to ensure that we do good deeds that can lift the generation. This will make others learn from what we leave behind. This will encourage the young generation that is coming after us. I also learnt that despite the country and the coastal people joining the family during this hard time, it was also a lesson that we remain focused. Challenges may come our way but we must have a focused mind despite the opposition. They should not wear us down because at the end of the day if we cannot achieve what we plan to do, then the country is not achieving. We have so many people that depend on us. Academic wise, even though our brother left us, our country still benefits from the material he left behind in terms of the books he wrote. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Sen. (Prof.) Lonyangapuo.

Thank you, Mr. Temporary Speaker, Sir. I want to thank Sen. Wetangula and all the colleagues who have spoken before me for remembering to bring this Motion after the recess to discuss the character of a man who left us. He was not just an ordinary Kenyan; he was a professor of high standing here in Kenya and outside. These are the type of people who made the Kenyan flag fly high in the world particularly in the academia. He can be equated to some of the athletes that have brought fame to our land. Despite this, it is only people outside Kenya who give them recognition. What a pity that we end up proving the saying that a prophet is never recognized at home. We only talk about them when they are no more. Mombasa and its children from will have a testimony of somebody that should be emulated particularly in academia. Mr. Temporary Speaker, Sir, I keep looking at the results of the Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE) every year and sometimes the coastal regions do not perform quite well. When we look at it, we almost say that we need people like Mazrui to be around so that people can have examples or testimonies of people in order to be encouraged. He had to leave Kenya to serve the academic world in America. The problem is the way we do not recognize and take value of ourselves. We are very good at giving tribute when we are burying people. We do not talk about them when they are alive. I do not know if it is African or Kenyan nature but it is good to value people when they are alive. We know that they can give us more if we talk about them and recognise them wherever they are, and give them assignments to do. I am happy that the former President Kibaki identified and made professor Mazrui the Chancellor of Jomo Kenyatta University of Agriculture and Technology, which is not the same again. We have people that we may need to tap and talk about when they are still alive, so that we challenge the Committee that is dealing with Mashujaa to do the profiling of every Kenyan that we need to be proud of while they are still alive. There people like Prof. Ngugi in the academia. How much does it take us to bring him to give a lecture or even talk to us as politicians or even in the academia? We only take advantage when he comes to talk to the civil society, we see him around but we want people---

On a point of information Mr. Temporary Speaker Sir.

(Sen. (Dr.) Machage): Do you want to be informed? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Yes Mr. Temporary Speaker, Sir

Mr. Temporary Speaker, Sir, I would like to inform the honorable Senator that he has reminded me of, if I quote professor “professor wa kipekee ” Prof. Ndurumo, who does not have the ability to talk. He is deaf professor.

(Sen. (Dr.) Machage): You are so informed.

Mr. Temporary Speaker, Sir, I am happy that my colleague has reminded me. I worked with him in Moi University and he is a professor of renowned standing. Those are the people I am saying we should recognise and use. As we create a syllabus for our Early Childhood Development (ECD) --- Sen. Kagwe, who is the Chairperson of the Committee on Education is here, and he is not listening.

(Sen. (Dr.) Machage): Order! How are you able to assess that somebody is listening?

Mr. Temporary Speaker Sir, I was saying that the Chairman of the Committee on Education is here, thus to prepare the ECD syllabus of our children in the counties, these renowned people in the counties must be identified so that our children know their value and contributions. People like Prof. Bethwel Allan Ogot, the most serious renowned historian is here. Moi University, Maseno University, the University of Nairobi and Makerere University are what they are because of people like Prof. Musangi, Prof. Munavu and Prof. Kiptoon and many others. Do our children in Kenya know about them? We have renowned professors in South Africa and Europe of Kenyan origin and others who may not be professors but they are known and they bring a lot of contribution to this world. As we discuss this Motion in the Senate, the Committee that deals with it should make sure that whatever has been discussed here is followed up. The Committee of the people that are dealing with Mashujaa should identify and be able to recognize people appropriately. We know that professor Mazrui died on 13th October, 2014, and then on 20th, October, 2014, we had Mashujaa Day, and I know the people of Mombasa County and Kenya also talked about him. Suppose he was still alive, would he have been among the people who were going to be mentioned on 20th October? We rarely recognize people when they are still alive. Thank you, Mr. Temporary Speaker, Sir.

Thank you, Mr. Temporary Speaker, Sir. I also rise to thank Sen. Moses Wetangula for bringing this Motion, so that the Senate can join the other Kenyans in mourning our distinguished author who departed on 13th October, 2014. Mr. Temporary Speaker, Sir, Prof. Ali Mazrui was a distinguished scholar. He was well known in the field of academia and has done a lot. He received many awards and was a talented person. I never met him in person, but from the accolades that I have heard on the Floor, he was a good man. He has left a lasting legacy which all of us should emulate. Mr. Temporary Speaker, Sir, we should not honour or remember people only when they are dead. Prof. Ali Mazrui was a distinguished scholar who had to leave the country to go and work elsewhere, because Kenya, as a country, did not recognize his The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for giving me this chance to also eulogize a great man who lived his life well. At 81 years, he was educated and had withstood criticisms. He had also written many books. Therefore, we need to celebrate his life. While doing that, we need to encourage our children to work hard and emulate such people whom we can learn from. This was a man who, not only made Kenya proud, but also Africa as a continent. His achievements make us, as a country, feel very proud of him as a man. We, as the Senate, need to encourage the young people to work hard, because it is sad to lose professors. In the part of the country that I come from, we do not have many people joining universities lately. It is our responsibility, as legislators, to encourage our young people to work hard and join universities. We may lose professors because of their age, but we can still make more professors. This is because God has given us a chance to follow the footsteps of such great men. Thank you, Mr. Temporary Speaker, Sir.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to join my colleagues in eulogizing Prof. Ali Mazrui. Mr. Temporary Speaker, Sir, as a young person, there are a lot of things that we learn through our mentors and role models. This is one of the people that young people are proud of. We celebrate his life. We, as the Senate, should think of coming up with a Bill to recognize other heroes at the county level. This is because the national Government is not able to recognize all the heroes that we have in this country. It is not the professors who are heroes, but also other people at the county level who have done many things. For example, there are people who help in peacemaking in Samburu, Isiolo, West Pokot and Turkana counties. We need to recognize such people because they play a big role in our community. Mr. Temporary Speaker, Sir, when it comes to academicians, most of the time we talk about Moi University and the University of Nairobi but we also have other heroes in other universities, for example, Masinde Muliro University of Science and Technology. In this country we have people who deal in humanitarian services. They deal with issues that affect our people. For example, whenever we have floods in the lake region, there are people who have come out strongly to support the victims. In particular, the Red Cross team is doing a lot in this country. We need to recognize these people when they are still alive. Let us not wait for them to die before we recognize them. A few months ago, a young man climbed the monument of his grandfather in protest, because his family was suffering yet they played a big role in our country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, I also rise to support the Motion on this very distinguished scholar. First and foremost, I wish to express my condolences to the family, friends and, indeed, the people of Kenya. I pray to the Almighty that he grants him his mercy. Mr. Temporary Speaker, Sir, some of us may not have personally known him, but indeed, as many speakers have said, his works have touched many. I want to very briefly refer to some of the words that have been used to describe this distinguished scholar by some of his contemporary scholars and friends specifically, there is one Prof. Mohamed Haidara who was his classmate. To give a bit of background to the Members, Prof. Ali Mazrui was the son of one of the most distinguished and outstanding scholars and teachers in the whole of East and Central Africa in terms of Islamic leadership. His father was called Sheikh Al Amin bin Ali Mazrui. He was, in fact, a leading teacher and Islamic scholar in the whole of East and Central Africa. So, he was born in an environment, in Old Town, where there were many scholars, and teaching was one of the main things. Prof. Mohamed Haidara who was his classmate actually said that Prof. Mazrui developed interest, particularly in English and English Literature when they were in school. That was his area of excellence. He would always get distinction in those areas. That is how he ended up as a showpiece. Prof. Haidara says that he became a showpiece of potential African intellectual vigour and versatility. Of course, he left behind a legacy of a very informative and stimulating written literature, which he mesmerized many of us when we were in school and even now, many people in Africa. I agree with the Mover that we need to watch his documentary on the Triple Heritage of Africa . Mr. Temporary Speaker, Sir, of course, he had a lot of achievements. I was just reading a piece by Ngugi wa Thiong’o on how Prof. Mazrui ended up getting more positions in Makerere University when he had a problem in the University of Nairobi. He was teaching Creative English and Pan Africanism in the Political Science Department of Makerere University. This took him all the way to the United States of America (USA). You remember both of them ran away after they fell out with KANU government. They were always outspoken about human rights abuses in Kenya. That is why they ended up in exile. In fact, some of the people today, scholars and professors in this country who have been critical of the way African governments run their institutions, human rights abuses, political prisoners who were being held those days, are still out of the country. It is one of the things that the government really needs to look at. Mr. Temporary Speaker, Sir, the professor was also very prominent on one thing; challenging the dominance of western culture. He always talked about that subject, relative and in relation to the Islamic and the African culture. He talked about the fact that western culture was liberal. That is why it allowed him and others to survive in that environment. However, he always emphasized the need to enrich that western culture with some of the values that we find in the African, Islamic and in other Asian cultures. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order! Sen. Njoroge, go back to the bar and bow to the Chair.

Very well. You can come in.

Mr. Temporary Speaker Sir, Prof. Mazrui was not looking at religion, culture and so forth with the narrow view the way we do or in the context in which today we profile religions very narrowly. He had a very wide picture of the way we look at these things. He really enriched a lot of people in getting a better view of issues and never shied away. Even from wherever he was in the USA, he criticized many contemporary issues, especially arising from the western view of some of the conflicts in Africa and examples like the one he gave about the apartheid in South Africa and others. We have this kind of people in many parts of the world who are Kenyans; they are acclaimed outside, but not in their country. Today, we have a situation, and I agree with the Senator there, where we have freedom fighters starving in their houses here with no resources yet they are people who have given a name to this country. In the same way, that there are scholars who have lifted the name, image and reputation of this country globally, but again, do not really enjoy the fruits of this country. Mr. Temporary Speaker, Sir, I agree with the Motion fully that we need to recognize this scholar. Already Uganda has announced that they want to put up commemorative things there in respect of his work at Makerere University and Africa. Understandably, our Government is silent let alone visiting or even taking part in the funeral in Mombasa. In fact, it is surprising that both the President and the Deputy President did not physically attend his funeral. They ought to, even now at least pay some visit to the relatives of these people. It does not really matter the political inclinations, but I think it is important that as a nation and as leaders, we need to stand up with people who have made a contribution to this country and its history. Mr. Temporary Speaker, Sir, with those few remarks, I support the Motion.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. Let me start from where Sen. Billow left. I recall during the time we were organizing his funeral, I had the opportunity to chair the organizing committee, because Mombasa and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, let me also take the opportunity to condole this great scholar of this country who has since rested. I join the rest of my colleagues who have expressed very wonderful words about this scholar who is a native of our country. I had the opportunity to see Prof. Mazrui only one afternoon for about five minutes at the University of Nairobi in 1973. This, in fact, was the afternoon that he had his last activity in that university. That time there was a lot of academic freedom in the University of Nairobi. We valued individuals like Prof. Mazrui who made us exercise our minds. One of the ways he got the students to exercise their minds was the questions he posed to them. I think it is one of the questions that he posed to them that sent him into exile. He posed a question which depicted Jomo Kenyatta as the last colonial Governor of Kenya. I think for those who were there at that time, that period of time it was very offensive for those who were outside the university, but for us who were in the university, this was a very good topic to exercise our minds. It was an opportunity to express ourselves without The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, I stand to pay tribute to a great leader of this country and a great leader from the coast. He was a role model, especially to the people from the coast. He transcended right from the region to the country and into the international realm. There is no Kenyan who does not know Prof. Mazrui. Everybody associates the name of Prof. Mazrui with the great work that he did. He was such a hard working person, full of humility and with a lot of energy and focus. He was never ashamed to speak about an issue just because nobody else was speaking about it for as long as he felt that, that issue was important. Indeed, as an academician, he is well renowned for the intellectual input in terms of publications and books. He had written a total of 30 books. That is no mean feat. Therefore, even in the sort of topics and issues that he dealt with, the forthrightness, he put into these issues shows the academic effort he put in to ensure that his thoughts and ideas were passed on. One of the key things that he always communicated was about the empowerment of the African continent. With everything that is associated with it, he still looked at the positive aspects of it and what good could come out of it. Indeed, in 1967, he wrote a book Towards a Pan African The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Proceed, Sen. Kagwe. You will have only two minutes.

Thank you very much, Mr. Temporary Speaker, Sir. I rise again to thank Sen. Wetangula for doing us an honour by bringing this Motion. Mr. Temporary Speaker, Sir, it was Abraham Lincoln who said many centuries ago that “in the end, it is not the years in your life that count; it is the life in those years.” Clearly, Prof. Ali Mazrui had a lot in his life. It is not just as he lived to the ripe age of 81 The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Sen. Kagwe, I think I will give you more time; wewe ni msomi. Speak for all your 15 minutes.

Thank you very much, Mr. Temporary Speaker, Sir. I was hard put to try and finalize. I wanted to thank Sen. Wetangula and sit down, but thank you for your generosity. Mr. Temporary Speaker, Sir, on behalf of the people of Nyeri and, indeed, on behalf of those of us who feel very strongly about Prof. Ali Mazrui and his contribution, I also wish to condole the family and, indeed, the people of this great Republic. It is not often that we rise to mourn and eulogize academicians. Usually, what we do is mourn and eulogize politicians. But it is in the spirit that Sen. Wetangula has brought to this House that we begin to recognize that leadership is not just political leadership. Prof. Ali Mazrui was a global leader and a global citizen; but he had nothing to do with elective politics as such. Therefore, it is good for us to note that and encourage young people, particularly the people in the coast region, to note that you can come from any background and you can start from any step. It is the Chinese who say that “the journey of a thousand miles start with the first step.” This is exemplified in what Prof. Mazrui has done; from a small village somewhere in the coast that Sen. Hassan has explained to us all the way to universities in Manchester, United States of America and back again to Oxford in the United Kingdom. This is encouraging. It is the song we should sing to our young people. This is the song that should permeate throughout our nation so that people can see that irrespective of where they come from, they can go places and that in this country, given the opportunity, our young people can be achievers as, indeed, Ali Mazrui was. I congratulate Sen. Hassan and the Committee that put together the funeral arrangements for Professor Mazrui. However, we must remember that only when it is dark can you see the sun. Sometimes, when we are speaking, we do not praise those who have achieved. For example, on Mashujaa Day, many names were mentioned. It is in keeping with that spirit that I will agree with one Senator who said that even as we have Mashujaa Days in our counties, we should also remember and recognise the people in those counties who are doing great things. We can mention many names and others who have gone before us. It is good to recognise and praise those who are with us. Often, in our cultures, even the words “thank you” are not used often. We do not say, thank you, Senator, for what you have done for us. Even amongst the citizenry, no matter what you do, often what you get is criticism. You do not get any praise. The Senators here can give numerous examples of things they have done. That behavior continues to permeate in leaders and to the nation as a whole. We do not know how to praise. We do not also know how to recognise those people amongst us who have done great things; not just for our communities but, in fact, for our country and perhaps further than that as Prof. Mazrui did. Look at what our athletes do. When you go with an athlete to a place like London, New York or Boston, you will find that this athlete is much more recognised than anybody around you. However, here in Kenya, there is no recognition of such people. I would like to encourage, in memory of Prof. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage: I will give some latitude. I think there is one more request.

Asante sana, Bw. Spika wa Muda, kwa kunipa nafasi kuunga Hoja hii mkono ambayo imeletwa na Sen. Wetangula. Kabla sijatoa risala zangu za rambi rambi, ningependa kumpongeza Sen. Wetangula kwa kufikiria kuleta Hoja hii ili tuzungumze kama viongozi na Maseneta wa nchi hii. Ningependa kutoa risala zangu za rambi rambi kwa jamii na marafiki na watu wa Kaunti ya Mombasa kwa kupoteza mtu ambaye alikuwa msomi na mtafiti. Mimi najua kwamba utafiti wake na usomi wake umewajenga wananchi wa nchi hii. Yeye alituonyesha uzalendo hata ingawa alipitia shida nyingi. Ingawa aliishi katika nchi ya nje, alionyesha uzalendo mwingi. Kama Seneti na viongozi wa nchi hii, yeye anafaa kutambuliwa. Ningependa kusema pia haya tu hayatoshi. Wakati mwingine, tunafaa kuwatambua wale ambao wanaifanyia nchi hii kazi. Kuna wale ambao wameeneza mambo ya amani katika nchi yetu na mambo mengine ambayo yametusaidia katika nchi ya Kenya. Ningependa kuchukua nafasi hii kumshukuru Seneta ambaye ameleta Hoja hii. Ningependa kuwashukuru wote ambao wameongea kuhusu Hoja hii. Ninatoa rambi rambi kwa niaba ya Kaunti ya Nakuru.

(Sen. (Dr.) Machage): Yes, Sen. G.G. Kariuki.

How many minutes, Sir?

(Sen. (Dr.) Machage): You have five minutes.

Thank you, Mr. Temporary Speaker, Sir. I would also like to be counted as one of the people who have spoken about Prof. Mazrui. My concern is that at times, people seem to see things in different ways. We are now talking about what he has done which has nothing to do with our work here today. What has been done is already recorded. Whatever this gentleman has done is already recorded. He has done very well in his line of development. We need to ask ourselves what we have learnt after all the work that this gentleman did. Now that he has passed on, what have we learnt from him? What have our children learnt from this gentleman? Is it just to come here and pay tribute and that is all? I think we need to grow a little bit wiser than that and think more critically than what we are saying here. The man has shown the whole world and particularly Kenyans that we can achieve anything we want to achieve as long as we are determined and as long as we have a vision. Prof. Mazrui had a vision that one day he would become a professor, producer and not just a consumer in the field of education. That is what he had done. We are consumers of all the books that he has written. The guy died as a producer. Therefore, he has a big name as far as our lives are concerned. We must start thinking of people who are like him in this country and who have done better than him and yet are still around. Why should we wait until they die so that a Senator brings a Motion to say kwaheri to him? That could be human nature as far as our society is concerned. However, there is The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, I also rise to eulogize, pay tribute and send my sincere condolences to the family of the late Prof. Mazrui. Mr. Temporary Speaker, Sir, this is a scholar who built many of us. We celebrate an icon who believed in the African Continent and education as the only way of changing lives. Prof. Mazrui who was born in Mombasa leaves behind a rich legacy which I hope Mombasa County will benefit from and build on. I hope that the county will prioritize education. Prof. Mazrui uplifted Kenya not just in Africa, but even in the international community. For those who studied in Kenyatta University and other universities, his memories will always remain because of the books that he wrote. Therefore, we will always remember Prof. Mazrui whenever we walk into a classroom. We should also try The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I want to take this opportunity to thank you very much for giving me the opportunity to pay tribute to what for now is the greatest Kenyan scholar who ever lived. I personally knew the late Prof. Ali Mazrui. I spent some time with him when we met in conferences when both of us were in the United States of America in the 1990s. He used to tell us about the difficult years that he had in Africa those days. When somebody dies, it is very easy to see only the good circumstances that he went through, but sometimes we forget the difficulties that people go through. Madam Temporary Speaker, Prof. Mazrui would have very much wanted to teach at our own University of Nairobi, but it was made practically impossible for him to teach at the University of Nairobi because of the backward and retrogressive politics that this country was playing at that particular time. The only time that Prof. Mazrui came to speak at the University of Nairobi is in the early days of President Moi’s regime. He had come from Uganda and was just passing through because although he had made Uganda his residence, the politics of the murderous regime of the late President Iddi Amin would not allow him to continue being the Chairman of the Faculty of Political Science at Makerere University. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker. Is the Senator in order to allude that some of the professionals and academicians do not believe in what they teach? Is it possible for him to substantiate that claim?

Madam Temporary Speaker, I know that our friend, Sen. (Dr.) Zani, is a lecturer at the university. Of course, we really commend her and all the scholars in this Senate. But I was very careful in the language that I used; I said “some” and you are not included in that category. Madam Temporary Speaker, there are some people who have been talking about democracy but they do not believe in democracy. There are other academicians who are academicians for hire. If the donors call them and tell them “this is where the funding for this year is, we would like research to be done along this area,” even if they do not believe in what they are supposed to come out with, they will listen to what those who are paying them want to be the outcomes and then they will proceed and do research – I would call it “kangaroo” research because it is done to justify what their paymasters want. So, that is what I meant by people not believing or practicing what they teach. We had very many cases like this in the 1990s. You saw a lot of professors coming out in defense of the one party rule and even saying there was democracy within the one party rule when all of us knew that it was not possible. We knew that it was a contradiction in terms for there to be democracy in an undemocratic situation. So, Prof. Ali Mazrui at least voted with his feet; he left this country when he found that there was no space for him to align his briefs and the realities of East Africa. Madam Temporary Speaker, if you look at Ngugi wa Thiong’o’s book, there is a photograph of Prof. Ali Mazrui carrying a huge placard in London during a demonstration protesting the detention of Ngugi wa Thiong’o without trial, I think in 1978 or thereabouts. So, this is the thing I am talking about; a committed scholar. Prof. Mazrui was not a leftist; he was not a Marxist, which was inferred those days. He The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for giving me this opportunity to pay tribute to Prof. Ali Mazrui. One, I would like to send my condolences to the family of Mazrui. I really want to use very few words simply because I did not know Prof. Mazrui well. However, I join and support other Members of this Senate and their sentiments in praising the good part as far as the late Prof. Mazrui is concerned. The other thing that I have just noted from my colleague Senator for Meru is that Prof. Mazrui respected African culture because he ended up marrying two wives; which is an African culture, a culture which ought to be respected by others. That is something which is very encouraging because as we try to move away from our culture, Prof. Mazrui remained with that kind of culture and that is being patriotic as far as culture is concerned. As I have said, I would like to use those few words because much has been said by the other Members. I normally do not like to speak much after someone has passed on and yet I do not know him. Thank you Madam Speaker, I support.

There are no further requests to speak on this matter. According to Standing Order No. 72, this matter does not affect counties. Therefore, I will proceed to put the question.

Where is Sen. Mutula Kilonzo Jnr.? Is he not here? That Bill is deferred.

Sen. Kipchumba Murkomen is not also in the House. That Bill is deferred. Let us move to the next order.

The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Steward Madzayo is not in the House. That Bill is deferred. Let us move to the next order.

Thank you, Madam Temporary Speaker. The Parliamentary Service (Amendment) Bill (Senate Bill No. 21 of 2014) is my Bill. The purpose of this Bill is to amend the Parliamentary Service Commission (PSC) Act so that we can recognise the Senate. This Act was passed when the Senate was not there and we thought that it was good that the PSC creates two streams; one stream to look after the affairs of the National Assembly and the other stream to look after the affairs of the Senate. The Bill was prepared, read for the first time before this House and was committed to the Committee of Legal Affairs and Human Rights of which I am a Member. However, the Committee has not yet taken this Bill through public hearings.

Senator, let me interrupt you. Are you moving this Bill?

No, Madam Temporary Speaker. I was giving background as to why I am seeking the deferment of this Bill---

Okay, because if you were moving, I would have taken note that you are not following the right procedure. But if you are seeking something else, then just proceed.

Madam Temporary Speaker, I am saying that the Bill is not ready because it has not gone through the necessary steps under our Standing Orders under which the Committee is supposed to invite the public for their opinion. I am, therefore, requesting that the Bill be deferred so that the necessary procedure can be followed.

That is accepted. The Bill is deferred to a later date. The Clerks-at-the-Table have taken note of that.

Let us move to the next order. THE POTATO PRODUCE AND MARKETING BILL (SENATE BILL NO.22 OF 2014)

Yes, Sen. Murungi.

The Mover of this Bill, Sen. (Eng.) Muriuki, is not here. However, I could assist the House because this Bill is before my Committee, the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Very well.

Hon. Senators, I want to make reference to Standing Order No.32, and for the convenience of the Senate, order that there being no further business today, the Senate stands adjourned to Tuesday 28th October, 2014, at 2.30 p.m. The House rose at 5.20 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.