Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.40 (3) and (4), I received the following message from the Speaker of the National Assembly regarding the approval by the Assembly of the Order of Precedence and Titles Bill (National Assembly Bill No.11 of 2014) with amendments, today, Thursday, 12th March, 2015. Pursuant to the provisions of Standing Orders Nos.41 and 142 of the National Assembly, I hereby convey the following Message from the National Assembly:- “Whereas the Order of Precedence and Titles Bill (National Assembly Bill No.11 of 2014) which was published in the Kenya Gazette Supplement No.32 of 21st March, 2014 as a Bill originating in the National Assembly to provide inter alia for the order of precedence for officials, diplomatic, official and social state functions within Kenya and abroad and the official titles of designated office holders was passed with amendments by the National Assembly on Wednesday 18th February, 2015; whereas the Bill as passed by the National Assembly now concerns county governments; Now, therefore, the National Assembly seeks the concurrence of the Senate in accordance with the provisions of Article 110 (4) of the Constitution and Standing Order No.142 of the National Assembly Standing Orders.” Hon. Senators, pursuant to Standing Order No.148 of the Senate, I now direct that the Bill be read the First Time on Tuesday, 17th March, 2015. I thank you. 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 beg to give notice of the following Motion:- THAT, cognizant that the core mandate of the National AIDS Control Council (NACC) is to develop strategies, policies and guidelines relevant to the prevention and control of HIV/AIDS in Kenya; noting that the operational structures of NACC have not been aligned to the Constitution of Kenya (2010); acknowledging the objects of devolution as set out under Article 174 of the Constitution, recognizing that under the Fourth Schedule the health function has been devolved, except for the health policy and referral hospitals; concerned that an estimated 1.2 million Kenyans are infected with HIV/AIDS and 100,000 are infected annually; recognizing the need to achieve an AIDS free society by stepping up the fight against the pandemic at the county level; the Senate urges the national Government to set up the NACC county offices in all the county headquarters with the national headquarters providing overall coordination and that resources allocated for the fight against HIV/AIDS be disbursed and managed at the county level.

Mr. Speaker, Sir, I wish to seek for a Statement from the Chairperson of the Standing Committee on Labour and Social Welfare, pursuant to Standing Order45(2) (b), relating to cash transfer of funds to persons with severe disability. In my Statement, I would like the Chairperson to explain:- (a) why despite the requirement that cash transfer disbursement to persons with severe disability be done every two months; it is now taking six months for the payment of the same to the beneficiaries. (b) to state whether he is aware that the delay greatly inconveniences this category of Kenyans who are unable to fend for themselves; and, (c) explain what the Government is doing to rectify this anomaly.

Where is the Chairperson?

Mr. Speaker, Sir, I want to undertake on behalf of my Committee and my Chairman, that we should be having that response in two weeks, that means 26th March,2015.

It is so ordered. 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 wish to seek a Statement from the Chairperson of the Standing Committee on Finance, Commerce and Budget. The Statement relates to revenue collection from Samburu National Game Reserve. In the Statement, I would like the Chairman to:- (a) state the amount of money collected from Samburu National Game reserve for the last two years; (b) explain how revenue collection at the game reserve was privatized; and, (c) explain the plans that the Government has put in place to promote tourism in Samburu County and other counties with high tourism potential. INSECURITY IN SAMBURU NORTH, SAMBURU COUNTY I wish to seek a second Statement under Standing Order 45(2) (b) from the Chairperson of the Standing Committee on National Security and Foreign Relations. The Statement relates to insecurity in Samburu North, Samburu County. In the Statement, I would like the Chairperson to:- (a) state whether he is aware of an incident where two people were killed and livestock stolen in Sujan area of Samburu North in Baragoi by suspected cattle rustlers on 9th, March, 2015; (b) state the action taken to recover the stolen livestock and extend support to the victims of the said incident, and, (c) explain the long term measures the Government is taking to stop recurrent conflicts in Baragoi in Samburu North, Baringo North and Turkana South region to bring to an end the problem of cattle rustling.

Where is the Chair or Vice Chair of the Committee of National Security and Foreign Relations?

Mr. Speaker, Sir, I request Sen. Leshore to give us two weeks to respond to his Statement.

It is so ordered. Is there any other request? SYMPOSIUM IN HONOR OF AN EMINENT KENYAN SCHOLAR: PROF. MICERE MUGO

Mr. Speaker, Sir, I want to make a Statement pursuant to Standing Order N0. 45(2) (a) on an issue of general tropical concern regarding a symposium in honour of an eminent Kenyan scholar, Prof. Mugo, as she retires from a distinguished service of 15years at Syracuse University in the United States of America (USA), which I shall be attending at the beginning of next month. Prof. Mugo served with distinction as a professor of literature particularly, in the area of orature. She was the pioneer of the study of orature; that is, oral literature in Africa. Having worked as colleagues at the university in the late 1970s, at that point in time, it 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 want to congratulate Prof. Mugo; I also want to congratulate Sen. (Prof.) Anyang’-Nyong’o for taking this very important step of making a Statement of recognition of Prof. Mugo for her work. Sen. (Prof.) Anyang’- Nyong’o himself strikes me as an amazing person who is a combination of a politician and a scholar. Going forward, we should, as a country, have a proper roll of honor for our scholars because one of the biggest problems in this country is that there is too much emphasis on being elected to be a politician than being smart in whichever area you are; whether in scholarship, art or in any other talent. As a country, it should be a great shame for us to watch our very own being recognized elsewhere in the world and yet we have not even recognized them back home. I think it is important for this House to think through a process of creating a roll of honor for scholars. In America, they have all kinds of things; they have rolls of honor for people 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 very much, Mr. Speaker, Sir, for allowing me also as the Chairperson of the Committee on Education, to salute Prof. Micere Mugo through what Sen. (Prof.) Anyang’-Nyong’o has told this Senate about her. Mr. Speaker, Sir, Prof. Micere Mugo is from Kirinyaga and, therefore, I have a lot of interest to declare. When we hear that she is in that shape, I salute Kirinyaga County for producing such a scholar in the name of Prof. Micere Mugo. She is also the sister to the Kenyan Ambassador in Washington, hon. Njeru Githae, who was with us here last time.

What is it, Sen. Sang?

Mr. Speaker, Sir, is the Senator for Kirinyaga in order to localize an international academician by congratulating his village and county, yet this is an international person who we are recognizing as Kenyans? Is he in order to localize that Professor?

Order! Order, Senators! Indeed, the Chairperson of the Committee on Education is perfectly in order. The Senator who is out of order is Sen. Sang himself, because Sen. Karaba did not localize an international scholar; he just owned up that his county has produced that international scholar.

Thank you very much, Mr. Speaker, Sir, for giving me that kind of protection. Prof. Micere Mugo is known to us; she even taught in a local school called Kabare Girls Secondary School. She taught quite a number of people, including my wife, and it is only proper for her to be where she is. Syracuse University is one of the best universities in the world; it ranks among the top ten. Having been given that scholarly award, we, as Kenyans, are proud to be associated with her. This is something that we should probe in the Kenyan system; why such big, renowned scholars cannot be given a corner in Uhuru Gardens. We have lost very eminent scholars and literary writers like Prof. Odhiambo, Prof. Mungai and many others. These are the people we would like to be proud of when we go to Uhuru Gardens. They should have one corner dedicated to them. Mr. Speaker, Sir, I beg to support the Report.

Thank you, Mr. Speaker, Sir. I join my colleagues in congratulating Prof. Micere Mugo and also Sen. (Prof.) Anyang’-Nyong’o for bringing up the matter. When Sen. (Prof.) Anyang’-Nyong’o attends that function, he should not go as himself, but with knowledge that Prof. Micere Mugo is also recognized by the Senate of Kenya. He should, therefore, pass our commendations to her and to the congregation on our behalf Thank you, Mr. Speaker, Sir. 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. I also take this opportunity to honour Prof. Micere Mugo especially from the angle of her being a woman academician. When you are a woman academician, the difficulties one faces become even more difficult and getting to the top becomes more difficult because of the issues of the glass ceiling. She has set an example for reaching the top with a lot of humility and, therefore, she has given a good role model image to other women who might want to go across the same ladder to where she has gotten to. Mr. Speaker, Sir, climbing that ladder to become a professor is not easy; there are a lot of hurdles across the line at every stage and you have to work so hard in making presentations, especially in getting publications done. Prof. Mugo is very well published in various areas and she has done a lot in terms of disseminating knowledge. As she gets this honour, we appreciate and even encourage more like her to be professor emeritus in the universities where they serve so that even the student community can continue to gain from people like her. Mr. Speaker, Sir, I honour her for her humility and courage. Thank you, Mr. Speaker, Sir.

Proceed, Sen. (Prof.) Lesan. I guess this is the day for professors!

Thank you, Mr. Speaker, Sir. I also wish to take this opportunity to join Sen. (Prof.) Anyang’-Nyong’o for having brought up the Statement of recognition for Prof. Micere Mugo. I had the opportunity, as a student at the University of Nairobi, to have a first-hand experience of Prof. Mugo as a lecturer in the early 1970s. I am glad that this recognition has been done, not post-humously as we have often done; when we have waited until professors are no longer able to hear us make commendations. I am glad that this has been done now when Prof. Mugo is alive and well and I do hope that when she comes back to her country, she is going to be the link between the University of Nairobi, where she started her career and the University of Syracuse in the US. This will go a long way to assist this country reach the level of professorship in careers in this country. Mr. Speaker, Sir, I beg to support this commendation. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I also want to join Sen. (Prof.) Anyang’-Nyong’o in honouring Prof. Mugo. I should be allowed to localize her to the women constituency. I want to note that it is not easy to breastfeed in a prison or in a police detention. The works of Prof. Mugo that we read – those of us who did not interact with her – can only speak volumes and they say a lot about her and her personality. I think as a country, when these things happen outside the country, we tend to come together. As I honour Prof. Micere Mugo, I also want to honour Lady Justice Joyce Aluoch in the same boat for becoming the Vice-President of the International Criminal Court (ICC). These are steps that we have made as women, as Kenyans and I hope that we will get more role models so that as we take our daughters to school, they can see 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.

I will allow the last two contributions from Sen. Mutula Kilonzo Jnr. and Sen. (Prof.) Lonyangapuo.

Thank you Mr. Speaker, Sir. I am not a professor yet.

The wife of Bill Gates, that is Belinda Gates; the wife of the former President of the USA, that is Hillary Clinton and the daughter, Chelsea have launched a book that talks about recognition of women. In their book, they are saying that it is quite depressing that in 2015, the number of women in leadership in the world is still below 10 per cent. Back home, it is good that we have a person who is recognized out there in the international scene because as we have done in this country, we have a bad culture of not recognizing women. We have treated women as if they are second class citizens yet we know the role they play. The country is still grappling with the third gender rule and men are worried that if we have a third of women in leadership, something might go wrong, yet we all go home to either our mothers or our wives. Therefore, if a country can recognize a lady like Prof. Micere Mugo, it is, in fact, a lesson to us. At every national holiday when you look at the people that the President recognizes with all his medals, people like Sen. (Prof.) Anyang’ Nyong’o, Sen. (Prof.) Lonyangapuo or even Sen. (Prof.) Lesan who have done do much for the education sector are never awarded these medals. We just give the medals to politicians, people who do showbiz and the ones who entertain us. Therefore, I think this is a recognition and as leaders, other than even send Sen. (Prof.) Anyang’- Nyong’o with recognition or good words, we should show leadership in recognizing scholars like him and what they have done to the education sector. Thank you.

Thank you, Mr. Speaker, Sir. I want to join my colleagues in congratulating and thanking Sen. (Prof.) Anyang’-Nyong’o for being keen enough to know what is taking place outside Kenya, that has a lot of significance and impact in the lives of Kenyans. Prof. Micere Mugo would easily not be recognized at home, just as many have been forgotten. But what a pity for us that bells are ringing outside Kenya in celebrating a Kenyan while here, we are not doing so. It is a challenge to us that we need to be keen to know what Kenyans have done right here at home. There are so many men and women of substance who have contributed significantly to the promotion of the welfare of the people of the world and Kenya in particular, yet we do 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 the opportunity to also add my voice in congratulating Prof. Micere Mugo, a gallant woman leader. We tend to look at leadership only at the political level, but Prof. Micere Mugo is definitely one of the greatest leaders in our country and in the region, if not the world for women especially, who the girls and other women would like to emulate. I salute Prof. Micere Mugo; she is not only an academician who also won the Nyerere Academic Award, where she gave a fantastic lecture in Dar es Salaam but she also came here and gave a lecture in the University of Nairobi. She is also a devoted mother who has cared very well for her family. She raised two wonderful girls and they have excelled just like her. Unfortunately, she lost one of them but also even at the time of Ms. Njeri’s death, she had reached very high heights and worked in Japan. I am proud to be associated with her, not only as a woman leader, but she also happens `to be my sister-in-law. I share a name with her; her husband is my husband’s younger brother. I have admired Prof. Micere Mugo from way back; even when she had a lot of difficulties in her career, with the administration and the Government, she never lost herself. She remained dignified, admirable, caring for family and friends and even when she lived out there, she still kept in touch with her family. I want to also ask my colleague here to pass our congratulations when he goes to the USA. I hope that when she comes back, our Government will recognize and honour her as an outstanding scholar, leader and a good role model for this country, not just for women, but for the men as well. 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.

(Hon.) Ethuro: Yes, Senator, I saw the name Mugo and I thought you might have something to do with it.

Finally, proceed, Sen. (Dr.) Khalwale.

Thank you Mr. Speaker, Sir for giving me a chance to join my colleagues in appreciating Prof. Micere Mugo. When I joined the University of Nairobi in 1982, one of the first things I went through was a lecture at Taifa Hall . Thereafter, we assembled in the prep-court. Prof. Micere Mugo was one of the lecturers who welcomed us into the university and shortly after there was a coup and many of us were discontinued from the university. There is one thing that Micere Mugo said to Cable News Network (CNN) when she was asked where her home was. She said; “I am a child of the universe. I have lived in almost all the continents of the world.” What pushed her not to mention Kenya is unknown to colleagues in this House. In 1982, after the coup, the then dictatorial Government stripped Prof. Micere Mugo of her citizenship as a citizen of Kenya. She fled to Zimbabwe and could not travel to the USA. It is after living in Zimbabwe in 1984, that she was given Zimbabwean citizenship after which she could travel and pursue her academic excellence in the USA. As we speak now, Professor has lived in the USA as a Zimbabwean citizen. If she, indeed, comes back, Prof. Anyang’-Nyong’o, tell her that we will fight for her so that one day she will enjoy to hear that those who stripped her off her citizenship say the words “I am sorry.” Finally, because this is a matter of record, allow me to put on record some of the top achievements of Prof. Micere Mugo. Prof. Micere Mugo received the award of being one of the top 100 most influential women in the 20th Century in the Republic of Kenya. She also received the distinguished Africanist Scholar Award in 2007; The Courage Award; Girl Scout Council of the Central New York; she has received the award of the President of the United Women of Africa; the CNY, Women of Distinguished Award in 200; the Lifetime Community Service Award, Beyond Community recognition Award in 2004; the Human Rights Award that she got in 2004; and the----

Order, Sen. Khalwale. You are the only ones who has exceeded the three minutes.

Mr. Speaker, Sir, in half a minute, I will have finished all the awards because it is important that they go on record.

Order, this is not a citation.

Mr. Speaker, Sir, I am proud to be associated with her. Thank you for awarding me the opportunity.

Thank you, Mr. Speaker, Sir. As we recognise the honour that the daughter of Kenya has been given, we also remember her achievements in our country. In 1976, when I was a first year student at the University of Nairobi, Prof. Micere was a lecturer. I had the honour of being taught by her husband in biochemistry. 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.

Do we have responses to statements?

Thank you, Mr. Speaker, Sir. I stand on behalf of the Senate Majority Leader to give the Senate business of the week commencing 17th March, 2015 pursuant to the provisions of Standing Order No.45. Hon. Senators, pursuant to the provisions of Standing Order No.45, this is to present the Senate business for the week commencing on Tuesday, 17th March, 2015. The Rules and Business Committee (RBC) will meet on Tuesday, 17th March, 2015 at midday to schedule business of the Senate for the week. Subject to further direction by the RBC, the Senate will continue with business that will not be concluded in today’s Order Paper focusing on debate on Bills at the Second Reading. On Wednesday, 18th March, 2015, the Senate will continue with the business that will not have been concluded during the Tuesday’s sitting. Bills that will have been concluded at Second Reading will be considered at the Committee of the Whole. The Senate will also consider any other business scheduled by the RBC. On Thursday, 19th March, 2015, as Senators are aware, the RBC resolved to prioritise debate on Motions every Thursday. Consequently, the Senate will consider the following Motions by; (a) Sen. (Dr.) Agnes Zani on reclassification of all secondary schools as county schools; (b) Sen. (Dr.) Wilfred Machage on review of existing legislation to take care of dementia patients; and, (c) Sen. Beatrice Elachi on establishment of Rescue Centres in Kenyan Missions Abroad and Improvement of Registration Processes for National Identity Cards especially for orphaned and vulnerable children. Time allowing, the Senate will also consider pending Bills at the Second Reading and the Committee of the Whole and any other business scheduled by the Rules and Business Committee. Let me take this opportunity, once again, to thank you for continued participation in disposing of business in the Senate in the past one week. I thank you and hereby lay the Paper on the Table.

Order, how come I cannot see any requisition? REVENUE COLLECTION FROM SAMBURU NATIONAL RESERVE 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 thought the issue was the last one on “e”?

Before then, there was a request on Revenue Collection from Samburu National Park.

I thought that was directed to the Committee on National Security and Foreign Relations.

That was another one. Anyway, you were given two weeks to respond to it.

Yes, Mr. Speaker, Sir. Fourteen days will be adequate.

Please, proceed with the next one.

Mr. Speaker, Sir, we had a meeting with the relevant organizations the day before yesterday. I request that you allow us seven more days to respond to “e”. That will give us enough time to prepare the report. So, next Thursday, we will have the report ready.

The explanation you have given has nothing to do with seeking extension of time.

Mr. Speaker, Sir, the extension of time is to the extent of giving the Report. Otherwise, we have been given the information we require on ceilings on budgets in all counties. We have the information. I thought that the Chairman would be here because the report ideally, ought to be here today. We finished dealing with the matter yesterday.

On the basis of your own admission, you do not need a whole week. Let us do it on Tuesday given the importance of the matter. Now, proceed since you have your own statement under “b”. LIFTING OF MORATORIUM ON TIMBER HARVESTING BY THE CS FOR ENVIRONMENT, WATER AND NATURAL RESOURCES

Thank you, Mr. Speaker, Sir. I rise to respond to a request for a Ministerial Statement sought by Sen. Wangari.

Order! That is not by Sen. Wangari. You are confusing your neighbour with the request.

Mr. Speaker, Sir, I think we are having a problem here. The Statement which we were about to give yesterday was a different one from this one and even when I saw the Order Paper, since it was left as the last Statement yesterday, I came with the Statement which was sought by Sen. Wangari. I do not want to disagree with the Chair but I beg your indulgence so that I may check if we have received the one for Sen. Mutula Kilonzo Jnr. I am sure we had not received it as of yesterday. 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.

So, whom are you checking with?

Mr. Speaker, Sir, I have to check it with our clerks because as of yesterday, the Statement for Sen. Mutula Kilonzo Jnr. was not ready. However, we had another one for Sen. Wangari, which I promised to give about three days ago.

Mr. Speaker, Sir, the answer is not satisfactory. The last time you gave them some indulgence – I must say you actually extended a large indulgence to them – four weeks. The reason you gave them those four weeks is because you thought – I do not dispute your discretion – that that Statement required a lot of work. As the Chairman is wondering whether the Statement is here, the logging on forests in our country is going on. One week is too long to wait when the national Government has lifted the ban on logging of national forests. I beg that you use your power to cause that Statement to be brought the next time we sit.

Thank you, Mr. Speaker, Sir. I quite agree with Sen. Mutula Kilonzo Jnr. and I must say we have had three or four Statements from the Ministry of Environment, Water and Natural Sources. Even the one which I had brought yesterday was from the same Ministry. Maybe you could give me until Tuesday. From here, I am going to contact the Cabinet Secretary (CS) so that we have that answer.

Tuesday, it is. Let us move to Statement 2(c) on the Order Paper. Where is the Chairman of the Committee on Agriculture, Livestock and Fisheries or any Member of the Committee? CLOSURE OF LIVESTOCK MARKETS IN WEST POKOT COUNTY Ordinarily, when the Chairman or a Member of a Committee are absent, then we turn to the Senate Majority Leader. In this case the one who requested the ---

Oh! There is a Member. Proceed.

Mr. Speaker, Sir, I am a Member of this Committee and I do not have specific instructions on this matter. I would suggest, with your kind indulgence, if we could hold it until Thursday next week; we will respond.

Order, Senator! When the Statements are listed here, it means this is the time you agreed to provide the Statement. It is not just enough to seek more time without explaining why you need more time or telling us why you do not have the brief. Once an undertaking has been made by the Chairman, it is applicable to the entire Committee.

Mr. Speaker, Sir, as I said earlier, I do not have specific instructions to address and respond to this statement. That is why I said I may need up to next week after consulting the Chairman. If he does not come, I will take that responsibility to respond.

What is it, Sen. (Prof.) Lonyangapuo? 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. You are, indeed, right to tell them that it is listed in the Order Paper, which means they already have even the written answer. Kindly direct them to give me a copy of the answer so that I also go through it and also abide by the deadlines in future.

Order, Sen. Madzayo! It was directed to me and not you. I direct that you respond on Tuesday and also avail a copy of the Statement to the Senator. Let us move to Statement 2(d) on the Order Paper. REBUILDING OF SCHOOLS DESTROYED BY FIRE, WIND OR STORMS IN KISII COUNTY

Mr. Speaker, Sir, I have already consulted with Sen. Obure, and told him the problems we are facing from that end to receive some information required for this Statement. I promise him that as soon as we get those details from Kisii, that information will be availed on Tuesday next week.

Yes, Mr. Speaker, Sir. Indeed, he discussed this matter with me and explained the difficulties they are experiencing in obtaining all the information as sought. We also appreciate that some of the issues relate to matters of policy and so on. We have generally accepted that if he can provide the information next week, it would be perfectly in order, with your approval.

It is so ordered. The last Statement by Sen. (Prof.) Lonyangapuo. SCRAPPING OF SCHOOL AND STUDENT RANKING BY GOVERNMENT AND CONFUSION IN ADMISSION OF STUDENTS TO FORM ONE

Mr. Speaker, Sir, there has been a pending Statement that I had asked about the ranking of schools. Sen. Karaba, the Chairman of the Committee on Education, has arrived in style and has brought a very big document for me to go through. He says he is not ready until next week when he can issue it. So, I have accepted that I will go through it and then he can present it next week.

Order, Senator! The Statement is not even on today’s Order Paper. You should make a polite and respectful request to the Chair and not just stand as if it is by right. I know we have taken you seriously especially today, since you are reading the Statement on behalf of the Senate Majority Leader. You must act accordingly.

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. It was supposed to be given last week. That is why he came late and gave me the copy.

Let it be given on Tuesday next week.

What is it, Sen. Kagwe before I give the floor to the Chairperson for Land and Natural Resources?

Mr. Speaker, Sir, I really appreciate your ruling regarding my colleague, Sen. (Prof.) Lonyangapuo. However, is the Chairperson in order to provide the answer given in broad sheet; A3 type paper rather than sending it via email?

(Hon. Ethuro) Sen. Kagwe, you are completely out of order because that matter is not before us. You should wait for the matter to come on the Floor on Tuesday and that is when you can look at broadsheets versus other means. STATUS OF THE KWS COMMUNITY ENTERPRISE DEVELOPMENT

Mr. Speaker, Sir, yesterday, we were cut off by time and we were prepared to give a response to the Statement sought by Sen. Wangari on the Kenya Wildlife Service Community Enterprise Development. At the sitting of the Senate held on 12th February, 2015, the Senator requested to know:- (a) what the status of the project is, in terms of annual budget, beneficiaries and structures of administration; (b) what the criteria of selecting communities to benefit from the programmme is; (c) how the community around Lake Nakuru National Park benefited from this project considering it is one of the biggest national parks in the country; and, (d) what the current status of the County Wildlife Conservation is and compensation committees that are provided for by the Wildlife Conservation and Management Act, 2013 I beg to reply as follows:- The Kenya Wildlife Service established the Community Enterprise Development (CED) as part of its Corporate Social Responsibility (CSR) to support local people who interact with wildlife across the country. This support is usually in form of issuance of wildlife user rights, capacity building, governance, training programmes, exchange visits, business feasibility studies, community scouts training subsidies, product value addition, marketing programmes, joint wildlife and tourist security patrols in the communities and private conservancies. In some cases, the support entails construction of electric barriers, water projects, school bursaries, compensation for human death, injury or loss of property that results from human wildlife conflict especially in hotspot areas. Mr. Speaker, Sir, in terms of budget, the KWS Community Enterprise Development solely depends on various development partners and joint funding in partnership with other stakeholders such as relevant Government institutions including the Constituencies Development Fund (CDF) and County Development Fund for 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. Kivuti, is the document very long?

Mr. Deputy Speaker, Sir, this is the last paragraph. After compilation, the results were then forwarded to the Ministry for gazettement of the officers but this process has not been completed yet. In order for the ultimatization of the Act at the county level, KWS has facilitated the selection of four prescribed community members who shall sit in the county wildlife conservation and compensation committees. For the Act to be fully operational, KWS, in consultation with the conservation stakeholders, have identified a number of regulations that need to be formulated as advertised on 11th February, 2014, last month, in The Daily Nation, TheStandard and Taifa Leo. The service is currently engaged in a public participation exercise as provided for under the Fourth Schedule of the Act. Thank you, Mr. Deputy Speaker, Sir.

Thank you, Mr. Deputy Speaker, Sir. I thank the Chairman for bringing that response and giving it to me early enough. So, I was able to go through it. I only have two clarifications to seek from him. The first one is on the operationalization of the Wildlife Act of 2013, noting that it became law in January 2014. A year later, it has still not been operationalized. I would like to know how long it would take to actualize that, noting that something like compensation for death or injury is not supposed to be a Corporate Social Responsibility (CSR) and it is being treated as such.

I also rise to seek a clarification on only one item that has been raised by the Chairman. Bomet and Kericho counties share close to 200 Kilometers of boundary with the Mau Forest which has a lot of wildlife. There is the usual problem of the human-wildlife conflict in that region. Could the Chairman also clarify why similar action has not been taken in that particular area, as has been taken in the Lake Nakuru area, where there is the human-wildlife conflict similar to the Mau Forest?

Sen. G.G. Kariuki, I can see that you are struggling with your machine.

Thank you, Mr. Deputy Speaker, Sir. I was struggling to get this microphone on. My question is simple. The Chairman has just said that compensation committees have been formed and we all know that last year, quite a lot of 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. Kivuti, you have listened to those three interventions. Please, go ahead and reply.

Thank you, Mr. Deputy Speaker, Sir. The issue of operationalization of the Act is not actually a CSR. As I have stated in my answer in part (d), I know the process of making the Act operational has been delayed and I agree with Sen. G.G Kariuki, that I also note the delay. It is better late than never, because action started in November and December as contained in my answer. Some of the issues like the regulations were already put in the press in February, which is last month. I do not think that we can say that because there was a lapse and it has already been addressed, then we expect the work to proceed as expected. This is because already the persons who have been nominated in all the 47 counties have already been gazetted and notified. Mr. Deputy Speaker, Sir, on the issue of similar action for Mau Forest, I believe that the eight decentralized units within the country, Mau Forest should be part of the unit that is administered under Nakuru National Park. As you can see, all the units are distributed all over the country and it is not possible that at every forest, there must be a station because the resources at KWS are also to be taken care of.

On a point of order, Mr. Deputy Speaker, Sir. I want some clarification on the issue of the quantum. He has talked about the fact that there will be compensation, but it is more on the issue of the policy on the quantum of the same. This is because, as we heard this morning, in the area of Kieni, baboons are now not only eating people’s produce but also chasing women away from the farms. It has gotten to the point where, it is not just a question of destruction of crops, baboons are attacking women particularly. They do not attack men. Therefore, what is the policy regarding the quantum of compensation? What is actually compensated? If somebody is kicked out of their farm for a day, is that also going to be compensated or is it just the crop that gets compensated? I think that a lot of clarification is necessary on this matter and also how to protect our women from baboons.

Sen. G.G. Kariuki, are you seeking the Floor again?

Mr. Deputy Speaker, Sir, I need further clarification for the benefit of the House and the entire country. Can the Hon. Senator give us an indication of how much money has been kept aside to deal with this compensation problem because it is very important? If he does not know the figures, then he has no answer.

Thank you, Mr. Deputy Speaker, Sir. I am sure that the issue raised by Sen. Kagwe is not only common in Kieni, because I could also hear the Senator for Garissa whispering something similar. Even Sen. Wangari herself is talking about the harassment of women. I do not want to dwell on sentimentalities but I know that when we were doing the Act, because there was an amendment of this Act in 2013, we sought to increase the compensation and look at it in a deeper manner than what was there previously. For example, when somebody was killed by an elephant, the dependants 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. Wangari, are you on a point of order or are you seeking further clarification?

Yes, I am on a point of order. Mr. Speaker, Sir, I know Sen. Kivuti is talking about a sentimental issue but on a more substantial issue, it is not just about baboons harassing women. We know that 95 per cent of farmers even around Lake Nakuru and the park are women. In my home area, for the last four seasons, they have not harvested any crop. They gave up because of baboons. In terms of operationalization of this Act, I am concerned about the timeliness because it is provided for as it is right now in law. It is now a year since it was signed into law. How long does the Ministry need to actualize these committees and why is it dragging its feet? As long as they are not there, they quote bottlenecks in law. We even removed the bottlenecks through the amendment but they still say we cannot do it because the Community Wildlife Conflict Committee is not in existence. How much time do they still need?

Timeliness is what you have been asked to give, Sen. Kivuti.

Mr. Deputy Speaker, Sir, as I said earlier, if a process has already been taken and interviews have been carried out, persons have been notified, gazettement was done in February, I believe action has been taken. Instead of me giving this House another undertaking that could take another one month, I would give the sentiments of this House, as stated by Sen. Wangari, to the Cabinet Secretary to make sure that whatever action they have taken, must be realized.

Very well. There are no further requests for the floor. That is the end of Statement time, so we need to move to the next Order.

Mr. Deputy Speaker, Sir, I beg to move:- THAT, aware that the prime purpose of devolution in Kenya is to decentralize and transfer functions, resources and power to the county level of government in order to promote participatory democracy and sustainable development for the benefit of all Kenyans, concerned that the Ministry of Education, Science and Technology still upholds the historical classification of schools into national, county and district schools; concerned that such categorization has implication in terms of funding, administration and eventually academic performance and that it limits choices and admissions of students to Form One, appreciating that in the current devolved system of government, counties will play a key role in the educational outcomes of their schools, the Senate calls upon the Ministry of Education, Science and Technology to take immediate action to review the categorization of public secondary schools and to classify all of them as county schools in order to ensure equity in resource allocation and guarantee quality education for all. Mr. Deputy Speaker, Sir, the whole nexus of this Motion is to change a practice that has been prevalent in this country; the schools are categorized and that has been historical. Before Independence, secondary schools would be known to be for Europeans, Asians and others for Africans. The categorization of these schools ensured that certain schools became very prominent as result of being listed as schools for certain specific people. As a result of colonization, Lenana School was known as the Duke of Yoke; Nairobi School was known as the Prince of Wales; Kenya High was known as European Girls and so on. Most of the provincial schools at that time were for Asians and then we also had schools for Africans. The whole issue of school categorization has been historical. Before Independence, there was that categorization of European, Asian or African and that automatically has implications in terms of quality of education, type of schools and what a student would achieve from that school. After Independence that system went into the school orientation and classification and that has not changed much since 1963. From that point, European Schools became national schools, Asian schools became provincial schools and the African schools became district schools. Mr. Deputy Speaker, Sir, categorization itself is not a problem. The only problem is that when you have any form of categorization, it comes with very many implications in terms of quality and type of school. In the Kenyan system, we have national, provincial, district and private schools. With devolution, most of the schools that were 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 very much, Mr. Deputy Speaker, Sir. I think this is a subject that should be of great interest and concern to all Kenyans as a whole. This is because a society that creates equity amongst the citizenry essentially becomes stable. The more unequal a society is, the more socially and politically unstable it remains. Indeed, if you look at places where revolutions have been forced by societies, one of the ingredients of those revolutions is inequity in societies. One of the ways of ensuring that our society moves equality to the greatest extent possible is by ensuring that our children get an opportunity in not just education but quality education, in a manner that a child from Kuria, for example, will feel they have got as much opportunity as that in Nyeri, Mombasa and Turkana. Mr. Deputy Speaker, Sir, pushing further the argument that has been proposed by Sen. Zani, I am of the view that not only should they be categorized that way, but fundamental changes should be made in our education system, so that we can achieve what she is proposing. She has quoted the Fourth Schedule which makes the Early Childhood Development (ECD) education a function of the county government and upper education a function of the national Government. Since I was a child I have never 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. Deputy Speaker, Sir. I have been reading and re-reading this Motion as put to us by the eloquent, well learned and renown educator in this country, Sen. (Dr.) Zani, but I feel that we will be jumping from the frying pan into the fire. Inequity and marginalization in matters of education have a big fulcrum on historical injustices. Indeed, many other regions paid taxes those days just to concentrate on building institutions in certain “right” places. During my time in education, it was so terrible that there was no secondary school where I come from and I had to go to western province for my high school education. We had national, provincial and district schools. We also had a quota system which had been developed which also allowed provincial schools to pick students from other areas of this country. As it is the case today, national schools would admit students from all over the country. The Government funded all national and provincial schools. They were developed into the best models of good education. In any country, especially in the westernized countries, you will find specific institutions built for extra intelligent children. People are not equal in the real sense of it. We may not fully accept the Nyerere philosophy; but people are born with different Intelligent Quotients (IQs), different heights, strengths and gifts. Therefore, we must have schools that are actually designed and built for the purpose of encouraging and developing talent. Other areas have the ability and the opportunity, maybe as it is now, to have their children to go to good schools in this country such as Alliance, Kagumo, Kenya High School, among others. There are a few Kurias who have gone through those institutions to score the big results that are known for those schools. Hurrah! Kuria is coming up! Now, we say “let us classify all schools into county schools;” then the rules that exist have to be re-enacted. The regions that were privileged to have those good schools in their areas will have the advantage. They will have their children going to those very good centres of excellence built from the sweat of taxpayers of other regions. I find it unacceptable if we say that all schools be called county schools and they are equally financed. It sounds okay, but if we do so, we will kill centres of excellence that promoted intelligence that we want to cultivate so as to have better scientists, historians, economists and the like to fit in the world market. I am not saying that the other schools in the counties should be ignored. 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! Concentrate on the Motion.

Mr. Deputy Speaker, Sir, I have no bad intention; may his soul rest in peace. But something happened during his time as the Minister for Education which encouraged schools to admit the bulk of their students from the local area. You have had some regional schools taking many students to universities than others. For example, Murang’a High School will send over 50 students to universities while Tarang’anya High School in Kuria will---

No; order, Member! When you mention Murang’a High School, you talk about my old school. Just to correct you, 198 students qualified to join local universities from Murang’a High School and not 51 students.

Congratulations, Mr. Senator. You say 198 students from Murang’a High School will join local universities to further their studies.

Thank you.

Only 9 students from Tarang’anya High School will join university. When will we ever catch up? Murang’a High School is a local school, but has been upgraded to a national school. Local people have built that school to that level. It 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.

Thank you

Thank you, Mr. Temporary Speaker, Sir. I rise to support this Motion, but with a lot of concern. This is because when the Motion was moved and seconded, it raised a lot of other concerns that were not envisaged in this Motion. Therefore, the Mover was very concerned, as a teacher herself, with the way the education system is going on in this country or the way it has been set up. It is very hard to start talking about something in the middle, unless, first of all, you consider the historical part of the whole situation. We must ask ourselves where we are coming from and for how long have we been on this journey to where we are, where Sen.(Dr.) Zani, myself and others are now concerned about the quality, equalisation and some people being left out. It is now time for us to forget the past. However, history cannot be forgotten. We have to take the bull by the horns now and ask ourselves whether or not we are doing the right thing. Some of us did not go to very good schools, but we managed to get somewhere because of sheer initiative and decision making; that you want to be like so and so and you must get there. I heard the Chairperson say that there are some students who are cleverer than others in terms of intelligence and other strengths. My belief is that every child will get anywhere given the opportunity and exposure unless he was not born normally. It may not be just excelling and becoming a PhD or a Master in Education holder, but excelling in many other different ways in life. Some of the people who have changed and transformed this world are the people that you think are not intelligent.They have their perception in life, move to that direction without fear and they make sure that they live in that street of searching for knowledge until they get it. The opportunity that has just been given by Sen. (Dr.)Zani is very important for us to be reminded that we are swimming in very deep waters that we do not know how deep it is and whether we are going to make it to the other side. Mr. Temporary Speaker, Sir, fifty years of Independence is enough to take stock and ask what we have done. We could not have been magicians that we had to do what we expected. This is something we are proud of. Has our past education system transformed this country the way you and I would want to see it? Is transformation producing PhDs? This has happened to a few people who had the opportunity to get 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 this chance to also add my voice to this Motion. First, I would like to correct Sen. (Dr.) Zani that in the former Nyanza Province, we not only have Maseno as the only national school, but also Maranda.

(Sen. (Dr.) Machage): There is also Moi Nyabohanse High School.

On a point of information, Mr. Temporary Speaker, Sir.

(Sen. (Dr.) Machage): Do you want to be informed?

Yes, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, when I referred to Maseno as the only national school that was there before the new national schools came into place, but I am aware that more national schools have now been added. Even in the other regions that I mentioned in north eastern, coast and eastern, they now have national schools. Before 2000 when the classification had not been put into place, we did not have national schools in those regions. 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): Indeed, even Rapogi High School is a national school. They are many.

Mr. Temporary Speaker, Sir, I am skeptical to support this Motion considering that with our new devolved system of governance, we have the ECDs and the polytechnics under the county government, but I do not know if we can comfortably say that the condition in which the ECD institutions are in is something we can call good and still want to add more responsibilities to the county governments. It is a good idea to have classification of schools. A good example is the former Central Province which has Alliance and Mang’u high schools whereas the other regions do not have the same calibre of schools. National schools enable students from different regions to join this type of schools. The students perform well, but with the kind of classification we have now, we must allow all students to get an opportunity to study in all national schools. If we rename them county schools it will not be fair because many other deserving students will be denied a chance to join those schools and gain from better education facilities. We are yet to do much in our counties, because many counties are yet to establish schools that can really be called national schools. They are still not well facilitated. Therefore, if you give more responsibility to the county government, our children will have a raw deal. In the former Nyanza Province, for a very long time we had Maseno High School as the only national school in the region, but this did not stop students from Nyanza Province from going to, for example, Nairobi School, Mang’u or Alliance. This enabled them join various universities, including the University of Nairobi. The whole idea of having national schools in different counties is giving opportunity to all. This is a very good Motion, but I beg to oppose it.

Thank you, Mr. Temporary Speaker, Sir. I thank Sen. (Dr.) Zani for bringing this Motion. I know that it is with good intent. I want to note that from the word go, I do not see any devolution of education from the substance of the Motion, that was mentioned by Sen. Kagwe. The right to education is a constitutional right. Article 53 (1)(b) says:- “Every child has the right to free and compulsory basic education.” Education is also a Millennium Development Goal (MDG) that we will be reviewing this year. The education sector in this country, as it is right now, has evolved quite a big deal as has been explained by the Mover. The way it was in the 1970s and 1980s, is not the same way it is right now. Even in terms of socialization of children, it has evolved. I remember when I sat for the Kenya Certificate of Primary Education (KCPE); I was admitted to some school in Kangema, Muranga County. It was a district school called Iyego Secondary school. I knew right from the beginning that if I went to that school, I would not be able to go to the university. I knew that the only way to get me out of the village was by joining a school where I could pass and join the university. I actually turned down that offer, went back to Class Eight and did another year. Eventually, I managed to go to what was called a provincial school, Kahuhia Girls High School in Muranga, which took numbers to the university. So, I was assured of a place in the university at that 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.

(Sen.(Dr.)Machage): Order Sen. (Prof.) Anyang’- Nyong’o! You cannot do that in this House. Please, desist.

Thank you, Mr. Temporary Speaker, Sir. I would want us to examine the whole system of education. Why was it called the 8-4-4 and it had some exit levels? Of course, they did that because they were training their workers for different kind of works. Today, we still treat the KCPE exams as an exit point. To me, it should be an entry examination. It should be able to guarantee that every child should get 14 years of straight education. Without considering what grade you got in KCPE, you must finish up to Form Four. We can only do that if we have enough allocation in terms of infrastructure. As it is right now, we are not actually building any more secondary schools. So, where do we take those children, some of whom are16 years old? You condemn their lives by telling them that they have failed. What we are breeding is a time bomb just about to explode. This has happened over several years; it has not started this year. You can interpolate from what we already have this year, 200,000, to the last five years. Studies have shown that if you go up to Class Eight and stay out of school for 10 years without touching a book, you become illiterate. You go to the point where you look like you have never attended school. That is not only immoral, but also ungodly. We cannot go on like this as a country. However, I do not want to join in the condemning; like Sen. G.G Kariuki said, we condemn a lot and we are very good at that. We need to make sure that we move forward. Changing the names, to me, will not be enough. What we need to push for is the equalization. Whether we do it by policy or through another Bill, every school should have the basic facilities in terms of having a library and laboratory. We must have the basics. However, as long as some of the schools are still struggling to put up classes while others are torn between getting chicken or beef for lunch, which is unheard for in some schools, then this inequality will still go on. I am also of the view that in terms of generating brains and intellect, we should not also kill that categorization spirit. I think that we can still use the national and provincial schools as yardsticks; that maybe over time, every school should be brought to that level. I am totally opposed to the devolution of education and I will tell you why. Everytime I walk into a school in my home area, I can tell which class is an ECDE class. If it is in existence, I normally do not need to be told. The most dilapidated structure in that compound would be an ECDE class. Mr. Temporary Speaker, Sir, we have put ECDE as a county function. We need a demonstration of how this can be done. If a county can adopt what the Committee on Education has done with Sen. Kagwe, and that is why I support the conditional devolution. If you can demonstrate you can deal with ECDE, because that is the most important stage of a child, every time you walk through the villages in the morning, you will meet children crying. They cry because they are afraid of where they are going. The classrooms do not even have a floor. I was showing Sen. Mshenga some photos from 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.

(Sen. (Dr.) Machage): Unfortunately, unless you move an amendment now, the Motion will be voted for as it is. Sen. Kisasa Mshenga.

Asante, Bw. Spika wa Muda. Hoja hii imeniacha hoi kwa sababu mwamba ngoma huvutia kwake. Je, ni kweli dada Sen. (Dr.) Zani kama Mpwani anataka tuiunge Hoja hii mkono? Kama Wapwani tuna nini? Mimi nikiwa na uwezo ndio ningefanya choyo niseme kila mtu ale chake. Je, tulipofika sasa baada ya miaka 50 kutoka tupate Uhuru, tunasema kila mtu ale chake? Naipinga Hoja hii kwa sababu mimi mwenyewe nilianzia shule ya chekechea mashambani. Nikaenda shule mjini ya secondari na chuo kikuu. Nilijiunga na Aga Khan nikiwa mtu mzima. Bw. Spika wa Muda, labda dada Sen. (Dr.) Zani anaongea kwa niaba ya Nairobi lakini kama ni kwa niaba ya Wakwale ama Wapwani yeyote, bado hatujafika kiwango ambacho unataka kutupeleka. Binadamu yeyote akitoka nje hata akienda kwa jirani akirudi nyumbani, mawazo yatakuwa tofauti. Tumeangalia safari ambazo tunaenda na tunashukuru sana Seneti kwa sababu kila tukienda katika nchi hizo tunarudi kama tumesoma vitu tofauti. Je, hizi shule zikifanywa za county sisi tukipata C-tutafika wapi? 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.

Nasimama kwa hoja ya nidhamu, Bw. Spika wa Muda. Kwa nini Sen. Kisasa anasema kuwa sijui lugha ya Kiswahili ilhali nimekuwa katika siasa kwa miaka 20 sasa?

(Sen. (Dr.) Machage): Hana nidhamu kabisa kwa sababu umeongea Kiswahili sanifu.

Amefanya makosa kidogo licha ya kuwa wewe ni Seneta. Hata hivyo, amekupa heshima.

Bw. Spika wa Muda, nilitumia neno ‘labda.’ Kwa hivyo, kama sen. (Prof.) Anyang’-Nyong’o anajiweza, leo jioni nitajua kama anaweza kuzungumza lugha ya Kiswahili.

(Sen. (Dr.) Machage): Unaruhusiwa, asante. Endelea kwa sababu ungali una muda.

Nasimama kwa hoja ya nidhamu Bw. Spika wa Muda. Sijui kama Sen. Kisasa amesoma hii Motion vizuri. Pengine---

(Sen. (Dr.) Machage): Umesema utazungumza kwa lugha ya Kiswahili sasa unachanganya.

Sijui kama Sen. Kisasa amesoma hii Hoja vizuri. Hii ni kwa sababu Hoja hii haiwakatazi watoto kutoka kaunti zingine kwenda kusomea katika kaunti zingine. Kwa hivyo, naomba aisome vizuri kabla ya kuendelea.

(Sen. (Dr.) Machage): Nafikiri utakuwa na wakati wa kutoa mawazo yako.

Asante, Bw. Spika wa Muda. Nafikiri atakuwa na wakati wa kunikosoa kwa sababu hapo mbeleni, Sen. Kagwe alikuwa akitaka sekta ya elimu igatuliwe. Kwa hivyo, siko mbali na Hoja aliyotoa. Sidhani kama nimeteleza. Unikosoe kama nimeteleza. Nilikuwa tu najaribu kutetea. Mambo yaliyo katika Hoja hii yakigatuliwa itakuwa vipi? Wacha nimalize hapo kwa sababu naona kama nakosea. Hata hivyo, wapwani hatujafikia kile kiwango cha wenzetu. Hatujafikia kima cha shule za upili za Alliance na Maranda. Kwenye gazeti la leo, mwanafunzi wa kwanza katika shule moja huko Kwale alipata Gredi C-. Wale waliopata Gredi E, ambayo yaitwa reki, ni 37. Huo ndio wasiwasi wangu. Kwa hayo machache, ninapinga Hoja hii.

Mr. Temporary Speaker, Sir, I rise, from the onset to support the Motion as moved by Sen. (Dr.) Zani. The Motion calls upon an action and it says in part: 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): Order! Could you go and look at your information?

Mr. Temporary Speaker, Sir, I have information here.

(Sen. (Dr.) Machage): Kurias have nearly 10 professors. Continue with the list.

Chacha Nyaigoti Chacha---

(Sen. (Dr.) Machage): They are all Chachas. Continue with the list. 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.

I will continue with the list. I will mention all counties. If by now you have ten professors, then the number increased recently. When I was a Professor in the university they were few.

(Sen. (Dr.) Machage): Order! Do not express your ignorance in the House. What you are saying is not true, but I sympathize with you. I would advise you to leave the issue of Kuria alone and continue with your presentation.

Mr. Temporary Speaker, Sir, it seems that you are lucky. Either somehow you discovered some schools or those people are not from Kuria. I know that in the whole of Nyanza we had Maseno School and a few other schools like St. Mary’s, Yala that were meant to train fathers. However, by the time I joined that school, I was not a father. But can pinpoint very few people from around that region that are now highly trained. In Turkana County, for example, we now have about four professors. But three years ago, there was none. There is no national school, except those that were introduced recently by Prof. Ongeri and Prof. ole Kiyiapi. They inherited schools which did not belong to the national Government. There is one professor in West Pokot and eight in Baringo County. We have six in Elgeyo-Marakwet, six in Nandi, eight in Kilifi, six in Kwale, 12 in Mombasa, seven in Taita-Taveta, three in Lamu. None in Samburu County. If I go round the counties the number would be surprising. Kiambu County would have over 200 not because it is close to Nairobi, but the schools that I have just mentioned. There is a direct correlation between the quality of the human resource that we have today in Kenya and outside Kenya and the presence of a national school that is fully funded through public funds. The schools that I have just mentioned, like Alliance High School, have 100 per cent teachers. The 1,400 students have 84 teachers, while Chewoyet High School, where I am the chairman of the board, has 1,400 students as well, but with 36 teachers. The Maseno School that performed exceptionally is a national school. Do not bring Maranda School into this picture. It is an exceptional case where everybody who lives near the lake has decided to make that school look exemplary. Likewise, Murang’a High School is now a national school and it is doing well. Now that we have gone into devolution, ethnicity is being practiced. The governors who are locals have decided to fill positions with fellow locals. Very few employees are from other ethnic communities. Therefore, the Motion says that the Ministry of Education, Science and Technology should take immediate action to review the categorization of public secondary schools and to classify all of them as county schools in order to ensure equity in resource allocation and guarantee quality education for all. This should also apply to teachers. Teachers should also be shared equally in schools all over the Republic, so that everybody can access education. A student in Lodwar Boys High School which is in Turkana County should have the same strength as the one in Alliance Boys High School. It should have the same strength and equal measure as is in Alliance Boys, but there are 86 teachers and 28 teachers in other schools. You wonder what the rationale is. We could easily say that we categorize all these schools, we can start slowly, take about 10 schools per county and make sure that all schools are fully staffed with all 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.

(Sen. (Dr.) Machage): Order! Rongo is not in my neighbourhood. It is in my county.

Sorry, Mr. Temporary Speaker, Sir. I thought it was in Homa Bay, but it is at the border.

(Sen. (Dr.) Machage): Order! You should be informed. Rongo is in Migori County.

Mr. Temporary Speaker, Sir, thank you for that correction. I want to follow up and say that as a result of that, there are 24 students from my county who are in Migori County in a university called Rongo. If there was no Rongo we would be having nobody from West Pokot there. That is why I am saying we should have as many secondary schools as possible that are standardized and we can call them county secondary schools, so that we can feel that we can have a Kenya that is fully starting from the grassroots level. After class eight, you join form one in the counties and you interact with all your colleagues everywhere. When I went to St. Mary’s School,Yala, I told them that I am from West Pokot and everybody came and stared at me as if I had emerged from planet Mars. I was a star for a long time, but now every year we have not less than two boys going there from 1984. Mr. Temporary Speaker, Sir, it is important that we deal with this Motion and support it. I would urge the Mover to follow it up with a Bill so that it becomes 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 see no other interest; I will, therefore, call upon the Mover to reply.

Thank you very much, Mr. Temporary Speaker, Sir. I beg to reply. Let me start by thanking the Senators very sincerely for their well thought out and very constructive contributions. I know that from the outset, the Motion was a little bit mixed. Therefore, it is right that it has elicited different sort of interpretations to the intention. Nevertheless, I could also see that the intention finally was coming out clearly. For us, what we are all saying is that we want to have schools that are well equipped in terms of infrastructure - libraries, workshops – and in terms of teachers so that we do not have differentiation. At that point, we are all speaking from the same page because at the end of the day, what we are saying is that if we are to have sustainable education and have people perform well, then we need these sorts of facilities. The differentiation is coming in terms of whether we want that to come at the county level or at the level it is now, just as a point of giving more information and for clarification. County schools are already in existence. It is not a fabrication of Sen. (Dr.) Zani, coming from the coast region to say we want county schools and we do not want members from outside coast counties. That is a misinterpretation or misrepresentation of this Motion. Mr. Temporary Speaker, Sir, the Motion is very clear in the sense that we already have county schools in existence. What we are saying is that instead of having the differentiation of standardization at national and then at county levels, let us formalize, streamline and have all of them being referred to as county schools so that we do not have the differentiation at all. It is not so much of the name and one of the Senators, in their contribution – I think it was Sen. Wangari – indicated very clearly that it should not be so much of the name that we need to think about, but the processes that are happening within the schools and how to begin to change those schools. Because at the end of the day, what we want is a better performance for everybody. Mr. Temporary Speaker, Sir, the idea from Sen. (Prof.) Anyang’-Nyong’o that why should we not think about a process where we are moving from basic education right 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 wish to bring the attention of the House that is not a county Motion. I, therefore, put the question.

Next Order! REVIEW OF EXISTING LEGISLATION ON HEALTH CARE TO MAINSTREAM AND ENHANCE CARE FOR PATIENTS WITH DEMENTIA THAT, aware that currently there are approximately 44 million persons living with dementia worldwide, a figure that is expected to triple by 2050; acknowledging that caring for dementia patients can be a difficult experience; appreciating the contribution of family members and other care givers of people suffering from dementia across Kenya; noting with concern that mental healthcare does not seem to be a priority in the public health sector in Kenya since the allocation for mental healthcare 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): Senators, as you may have realized, the sponsor of this Motion is the Chair this afternoon. We will, therefore, defer Motion No.10 to next week and it should be given priority.

Next order!

(Sen. (Dr.) Machage): Where is the Mover of the Bill?

Mr. Temporary Speaker, Sir, I beg to reply. First, I would like to thank all the Senators who have contributed to the discussion of this Bill. They have been very constructive and supportive systematically. I am one of those people who never benefited from going to a harambee school. My education at the basic level was provided for basically by my late parents, the colonial and the Independent governments. The idea that education should be provided using public funds without harambee has existed in this country for very long. The second thing is that we are not tabling this Bill to the House for approval to ban harambees. There has been a wrong notion as Senators observed, while discussing this Bill that it wants to ban harambees. It does not. Indeed, harambees are an example of social help through what you may call mutual societies that have existed for a long 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.

On a point of order Mr. Temporary Speaker, Sir. Did you see the way my neighbour, Sen. Kisasa, walked from this side of the House directly to her sister Sen. (Dr.) Zani without following the right procedure?

(Sen. (Dr.) Machage): She is completely out of order. Sen. Mshenga, could you correct the mistake? I want to see you bow before the Chair.

That is nice. Now, you can go.

Thank you, Mr. Temporary Speaker, Sir. This Bill deals with public collection. A harambee is just one of the routes of public collection. One of the reasons we are targeting harambees is because there has been tremendous abuse of the spirit of public collection through volunteerism and mutual help. If anything, it has metamorphosed into many forms of public collection of funds which definitely does not embrace the spirit of volunteerism and mutual help. Therefore, we need to do something to save the spirit of public collection, mutual help and volunteerism in this country. This Bill hopes to do that so that society does not begin to feel that when people are engaged in mutual help, they are engaged in a form of help which is very exploitative and extortionist. Former President Kibaki, during his tenure, did not conduct any harambee. However, during the ten years of his Presidency, including the five year term that he was the Co-principal with Raila Amolo Odinga, it is seen as a period in Kenyan history which resulted in tremendous expansion of education and economic growth which continues until today. This period of Kenya’s history is only comparable to the first ten years after Independence when, as we can remember, harambee was voluntary and was confined to targeted social service or welfare programmes like health and education. As Senators observe, harambees have gone haywire to include people outsourcing their private responsibilities to the public. I think Sen. Mutahi Kagwe pointed out that very clearly. We should, therefore, face these issues squarely and not be governed by the fear of leaving the harambees. We should not also have a fear to governing effectively the social welfare that is run in this country. Being governed by fear leads us to make irrational decisions. Some Senators expressed fears that without harambees they do not know how Kenya will move. Harambees have distorted the spirit of mutual help and we should get rid of it in the form in which it takes so that we have a formal public collection of funds which is governed properly like the Koigi Wamwere Report pointed out during the NARC Government. This is a Report that was initiated when Sen. Kiraitu Mutungi was the Minister for Justice and Constitutional Affairs. Our neighbours, Uganda, Rwanda and Tanzania, are not governed by harambees at all. Rwanda rose from its ashes from years of internal conflict to establish a very prosperous society in which social welfare is very well funded by the State. Tanzania started the philosophy of Ujamaa, which means that we all come together in mutual help and it has continued. Although Ujamaa is not as emphatic in Tanzania as it was before, they do not have harambees; neither do our neighbours, Uganda and Ethiopia. But if you 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): Could you, first of all, move and then request.

Mr. Temporary Speaker, Sir, I beg to move and, pursuant to Standing Order No.54(3), request the Chair to defer putting the Question to another day so as to allow us as Senators to do something that will reflect the opinion of the House.

(Sen. (Dr.) Machage): Very well, the request is granted. Voting on this Bill is deferred to next week.

Next Order!

(Sen. (Dr.) Machage): Who was on the Floor? I can see Sen. (Prof.) Anyang’-Nyongo’s request.

Mr. Temporary Speaker, Sir, I would just like to briefly contribute to this Motion whose debate was interrupted on 4th December, 2014. First, let me thank my Chairperson, Sen. (Dr.) Zani who led us very well in this

Committee to produce this Bill and bring it before the House. As you know, Kenya is going through a period of a bonanza in the discovery of more and more natural resources. Sometimes when we think of natural resources, our minds jump very fast to the extractive industries like the geothermal industry and the oil and gas industry in this nation. Extractive industries are just one part of natural resources. Looking at the impact of these emerging bonanza, extractive industries are going to play an extremely important role in our GDP. Mr. Temporary Speaker, Sir, in my own county Kisumu, Tullow Oil Company is busy exploring for oil in Kisumu County. I have even chaired a meeting between the leaders in Kisumu County and Tullow Oil Company. I proposed to Tullow, that while they are exploring and, of course, they were very convinced that they were going to discover oil because in places like Nyakach and the shores of Lake Victoria on the Kisumu County side, there are vast deposits of oil. However, while doing that, even the exercise of exploration itself interferes with natural resources called the soil, and quite often leads to a conflict or misunderstanding between the explorers and farmers. This is because the farmers feel that the moment somebody comes with a tape and some sticks, there is already oil in their garden and, therefore, they must be immediate 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): Order Professor! You will have eight minute when we resume debate.

(Sen. (Dr.) Machage): Hon. Senators, we have come to the end of today’s Sitting. Therefore, the Senate stands adjourned until Tuesday, 17th March, 2015, at 2.30 p.m. The House rose at 6.30 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.