Mr. Speaker, Sir, I stand to request for a Statement regarding intergovernmental relations, governance and management of county governments. I rise pursuant to Standing Order No.45 (2)(b) to seek a Statement from the Chairperson of the Sessional Committee on Devolved Government regarding the role of the Senate and its engagement with county governments in view of the myriad challenges facing county governments which manifest themselves in the form of wrangles, mismanagement of county resources and conflicts between the county executive and county assemblies, among others. In the Statement, the Chairperson should:- (1) Explain the mechanisms that the Committee has put in place to engage with the county governments and enhance intergovernmental relations; and, (2) State what the Committee is doing or plans to do in order to create a platform for all Senators to engage county governments to discuss the ever emerging issues of contention and impediments facing county governments with a view to coming up with modalities for addressing the challenges. Mr. Speaker, Sir, that is the first Statement I wish to seek. I have another request. Should I proceed or wait for this to be prosecuted?

Proceed. The electronic version of the Senate Hansard Report is for information purposes

Where are the respective chairpersons? Sen. Karaba.

Mr. Speaker, Sir, I intend to issue a response to this very important Statement in two weeks time.

That is okay. I will give the Committee on Devolved Government the same time to respond to the initial Statement. Sen. Obure, you may proceed. DELAY BY THE NATIONAL TREASURY IN DISBURSEMENT OF FUNDS TO COUNTY GOVERNMENTS

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b) to seek a Statement from the Chairperson of the Standing Committee on Finance, Commerce and Budget on the delay by the National Treasury in disbursement of funds to county governments. In the Statement, the Chairperson should:- (a) State whether he is aware that several county governments have complained that the National Treasury has been delaying disbursement of funds to county governments leading to default on statutory obligations, disrupted implementation of planned activities and programmes and activities and accumulation of bills by county governments. (b) Table a schedule of disbursement of funds to county governments covering the period 1st July, 2014 to 31st January, 2016, showing the dates when the funds were due The electronic version of the Senate Hansard Report is for information purposes

Proceed. STATUS OF MOGONGA-KENYENYA-NYANSEMBE ROAD Mr. Speaker, Sir, I also rise pursuant to the same Standing Order to seek a Statement from the Chairperson of the Standing Committee on Roads and Transportation regarding the Mogonga-Kenyenya-Nyansembe Road in Kisii County. In the Statement, the Chairperson should:- (1) State whether Mogonga-Kenyenya-Nyansembe Road, known as D204 and Kamagambo-Riosiri-Nyansembe Road known as D205 are the lifeline of the residents of Southern Kisii being the link to Narok, Migori, Homa Bay and other counties. (2) Explain how the funds that were allocated in the Financial Year 2008/2009 for improvement of the said roads to bitumen standard were used and why the two contractors who won the tenders for improvement of the roads did not commence work at that time. (3)State when the Ministry will avail funds for construction of Mogonga- Kenyenya-Nyansembe Road to provide relief to residents and the economy of the area which has suffered for a long time.

Are the chairpersons of the respective committees here? Sen. Billow.

Mr. Speaker, Sir, I have listened to the request for the Statement regarding funding to counties. It is a very important question. A number of counties have, indeed, raised questions regarding this. We will discuss this matter substantively with the Cabinet Secretary before we bring the response. Two weeks is our request. This being a budget making period, I will be busy.

Let us have the response in two weeks time. Is the Chairperson, Vice Chairperson or a Member of the Committee on Roads and Transportation here to respond to the request?

Two weeks is okay, Mr. Speaker, Sir.

Senator, you have two weeks.

Most obliged, Mr. Speaker, Sir.

Sen. Nabwala, you may proceed. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45 (2)(b) to seek a Statement from the Chairperson of the Standing Committee on Labour and Social Welfare regarding the Youth Enterprise Development Fund. In the Statement, the Chairperson should:- (1) Explain the measures that the Government has put in place to ensure that youths with existing businesses access individual loans from the Youth Enterprise Development Fund for the expansion of their businesses. (2) Provide per county statistics showing how successful it has been since inception and whether it is fulfilling its intended purpose. (3) Explain whether the 30 per cent procurement for the marginalized (women, youth and persons with disabilities) has been achieved and provide statistics of the beneficiaries per county. Mr. Speaker, Sir, my second request is as follows:- ONGOING COUNTRYWIDE MASS VOTER REGISTRATION EXERCISE Mr. Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b) to request a Statement from the Chairperson of the Standing Committee on Legal Affairs and Human Rights regarding the ongoing countrywide mass voter registration exercise. In the Statement, the Chairperson should:- (1) Explain why the voter registration exercise has been given a limited time of one month. That is from 15th February to 15th March, 2016. (2) State whether such a limited time is not likely to disenfranchise a section of the population, thereby denying them their constitutional right to register as voters and vote. (3) State whether the voter registration exercise could be extended by two months.

Mr. Speaker, Sir, I undertake on behalf of the chairperson of the Standing Committee on Labour and Social Welfare to give the Statement in two weeks..

So ordered.

Mr. Speaker, Sir, I also undertake on behalf of the chairperson of the Standing Committee on Legal Affairs and Human Rightsto respond to the Statement in two weeks.

Mr. Speaker, Sir, I have two Statements to seek. EXPENDITURE OF KSHS15 BILLION SET ASIDE FOR EL NINO Mr. Speaker, Sir, pursuant to the provisions of Standing Order No.45(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Finance, Commerce and Budget, concerning the expenditure of Kshs15 billion set aside for The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, the El Nino funds is a matter that is vexing me too. This is because a substantial amount had been set aside for El Nino . It is good that the Member has requested a Statement on how that money has been disbursed. There have been questions regarding how money has been disbursed to some of the counties and how it has been used. I ask the clerks to expedite the sending of the requests so that we can get the answer in the next two weeks.

So ordered. The next one was directed to the Committee on Health.

Mr. Speaker, Sir, the question should be re-read. I have just come in.

You are directed to respond in one week’s time. You will get the details from the HANSARD.

Thank you, Mr. Speaker, Sir. THE DOPING MENACE IN KENYA

Mr. Speaker, Sir, pursuant to the provisions of Standing Order No.45(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Labour and Social Welfare regarding the doping menace in Kenya. In the Statement, the chairperson should explain:- (1) The steps that the Government has taken to implement the recommendations on anti-doping that were made to governments by the World Anti-Doping Agency (WADA) in South Africa. (2) Whether the Anti-Doping Agency in Kenya is operational, its composition and also the programmes it has put in place in the campaign on anti-doping. The electronic version of the Senate Hansard Report is for information purposes

Chairperson of the Standing Committee on Labour and Social Welfare.

Mr. Speaker, Sir, I undertake to give a response in the next two weeks. STATUS OF THE KENOL-MAKUTANO-MARUA ROAD

Mr. Speaker, Sir, pursuant to the provisions of Standing OrderNo.45(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Roads and Transportation concerning the Kenol-Makutano-Marua Road. In the Statement, the chairperson should address the following:- (1) Is the chairperson aware that the road from Kenol to Marua is a vital trade link to Ethiopia and that it is the backbone of the economy of the Mount Kenya Region? (2) Is the chairperson aware that this section of the road has experienced huge traffic build up to the extent that it now takes four hours to reach Nanyuki and three hours to reach Nyeri? The huge traffic volume has led to a lot of accidents. (3) Is the chairperson aware that the Kenya National Highways Authority (KeNHA) had engaged a consultant to carry out the design for the upgrading of the road to a dual-carriage way to speed up trade and reduce travel time thereby encouraging business? (4) Why has the Kenya National Highways Authority (KeNHA) advertised the dualing of Kenol-Sabasaba-Murang’a Road before embarking on the construction of the Kenol-Makutano-Marua section whose design is ready? (5)When will the Government tender for the upgrading of the Kenol-Makutano- Marua section?

What is it, Sen. (Prof.) Lonyangapuo?

Mr. Speaker, Sir, I want to ride on the Statement that my brother Sen. Karaba has raised. The most vicious road today is from Nairobi-Nakuru- Eldoret-Malaba.

Order, Sen. (Prof.) Lonyangapuo! It is Statement Time.

Mr. Speaker, Sir, I was putting my rider to the Statement. As the answers are sought, could I also know when the Government will make this busy highway dual all the way to Busia?

Mr. Speaker, Sir, I will give the answer after two weeks.

What is it, Sen. Karaba?

Mr. Speaker, Sir, the design is already there. It has only been changed to Murang’a Road. Therefore, it does not need two weeks to revert back to the original design. Two weeks is a very long time when people are anxiously waiting for the outcome of this Statement. They will close the road by Friday. The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Speaker, Sir. Did you notice how the Senator for Tana River County majestically walked through without bowing as he entered the Chamber? Is he in order to do that?

Mr. Speaker, Sir, I walked in and bowed. She was not observant enough.

Order, Sen. Bule! You have to seek authority to make your intervention; just because you were mentioned does not mean that you had a right of reply. I did not notice the way you entered the Chamber, but I noticed how you spoke out of turn. I will assume that must have been the consistent behaviour. Can you go and do the needful?

I suppose Sen. (Dr.) Zani was not questioning the majestic way in which you are walking.

What is it, Sen. Kittony?

Mr. Speaker, Sir, I wanted to save his situation because I saw him bow, but it is already too late.

There is no harm in him bowing twice. Sen. Sijeny, do you have a response to Sen. Karaba’s request to expedite the response?

Mr. Speaker, Sir, I request for two weeks, but if we get a response in a week’s time we will report.

There is a specific request from Sen. Karaba. Kindly make an attempt to give response in one week’s time because there is some sense of urgency in the whole matter.

Mr. Speaker, Sir, I am guided. I will try my best to give a response within one week.

What is it Sen. Kembi-Gitura?

Mr. Speaker, Sir, I apologize for coming late to the Chamber. I understand that you are discussing the road in Murang’a County. If that is so, my only request to Sen. Sijeny before she walks out, is that if any Statement will be issued, that all interested parties are called to the Committee and made to state their position. Therefore, I do not know if that one week is enough because I am sure that they may need to do much more serious research into the issue.

Order, Sen. Kembi-Gitura! You should know better. Even committees that deal with impeachment are given 10 days. This is just looking for information. What makes it impossible? You have put your request and I believe that the Committee will consider it if need be. Next order! The electronic version of the Senate Hansard Report is for information purposes

Who is the Chairperson of the Mediation Committee? Sen. (Dr.) Zani, this matter must be of interest to you. Who was responsible?

Mr. Speaker, Sir, Sen. (Dr.) Khalwale was responsible.

Sen. (Dr.) Khalwale, you have a matter under Order No.10

Mr. Speaker, Sir, I was consulting the Deputy Speaker. He had ordered me to consult him. I did not know that the business on the Order Paper would move so fast. Before we went on recess, I moved this Motion. Therefore, I would like to be guided on a point of order before I continue. I moved this Motion and it had been seconded. I think that a few people had even debated on it. Since I gave notice yesterday, at this stage, I do not know whether I am supposed to start as if it was never debated.

Sen. (Dr.) Khalwale, please proceed. You gave the notice. Therefore, you should move the Motion afresh. I made a communication last week that Motions and Statements lapse, but Bills continue. Kindly proceed.

Mr. Speaker, Sir, I am going to move this Motion shortly. However, I have not canvassed with colleagues to get somebody who will second me. Therefore, if you can allow me to consult as we deal with Order No.11 so that I get somebody to second the Motion which is very short.

I urge that you move the Motion because you have already made a request. I am sure that somebody will volunteer to second you before you conclude because seconding a Motion does not have to be verbal.

Mr. Speaker, Sir, I am guided. Mr. Speaker, Sir, I beg to move that the House adopts the Report of the Mediation Committee on the County Governments (Amendment) Bill (Senate Bill No.1 of 2014). The electronic version of the Senate Hansard Report is for information purposes

Sen. Hassan.

Thank you Mr. Speaker, Sir. I have given the opportunity to Sen. Billow who was a Member of the Mediation Committee to second.

Thank you Mr. Chairman, Sir. I rise to second this Motion---

Order Sen. Billow. Where is the Chairman?

Mr. Speaker, Sir, you know we had a long morning. I rise to second this Motion which deals with a very important Bill especially for this House because it determines where the location of the headquarters of the county governments will be. The two important aspects coming out of this mediation, as my colleague mentioned, are that:- The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I rise to support this Motion. It is very encouraging that the mediation was successful and we have an outcome, as read by Sen. (Dr.) Khalwale. Indeed, this Committee met seven times and the attendance was very good. The seventh meeting was held on 14th November, 2015. I congratulate the Mediation Committee. Initially there was a dispute on two counties - Kirinyaga and Meru – about where exactly the headquarters should be. Some things look very self-intuitive, but they can be complicated especially when a criteria has not been put into place to ascertain what will be considered to be an urban area and, therefore, worthy to be the headquarters. This Motion has come out with a schedule that is very key and specific for all the 47 counties. This outcome will enhance public participation, because people will know where the headquarters are. Secondly, we will have continuity across all the counties. We will not have a dispute with regard to the headquarters. That is sorted out in a very structured and acceptable manner that can always be used in a specific place and time. Initially, the Bill stated that if there will be any change it should be done by the county assemblies. The provision was not removed at mediation and the county assemblies still have an input in terms of actually making a decision. But that decision has been further enhanced by both the National Assembly and the Senate and any change will be made by a two-thirds majority. That is very critical. At the end of the day, the biggest concern was whether this law was against devolution. On the contrary, it was pro-devolution; to enhance the running of the counties. There is a Committee of this The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I rise to support this Motion. I note that the Bill was first introduced to the Senate in 2014 and that is why it is called “Senate Bill No.1 of 2014.” If you look at the dates, after it was introduced in this House it went to the National Assembly and was rejected on 6th August, 2015; more than a year later. It is now here today after mediation. After we have discussed the Bill it will go back to the National Assembly. This critical Bill was supposed to be transacted in this House for us to know the headquarters of every county and for the planning of the county headquarters to commence. Today if you visit the counties you will see an array of buildings that do not befit the status of headquarters. In some counties the governor and his team decided, in their own wisdom, not to do the planning of the headquarters. Instead, they just started constructing buildings. In my own county, for example, the county government decided to build a storey building for every County Executive Committee Member. In essence we are going to have not less than ten buildings scattered all over the county headquarters. A town like Kapenguria, where the headquarters is supposed to be, they have very small plots of land. So, when you put up so many buildings, there will be no room for expansion, unless they are demolished. This Bill together with other legislations was supposed to compel every county government to plan. Planning should not be a one-man-show. In most counties today everything is hinged on the governor. Some have almost named those buildings after themselves. Anything that is built is attributed to the governor. Nobody talks about county government buildings.

Mr. Deputy Speaker, Sir, I am worried about the rate at which we transact and deal with Bills. Our colleagues in the “Lower House” have mishandled some of the Bills. By the time they are enacted into law a lot of damage will have been done. I do not know what will happen in some county headquarters where, as I have said, all the space is occupied by buildings. We now have 47 headquarters for the county governments. Ideally, these headquarters should be designated as cities. How long will it take us to upgrade these headquarters to cities? We should not just have Mombasa, Nairobi and Kisumu as the headquarters of the respective counties. We should plan to upgrade other county headquarters to cities. In Europe, for example, almost every town is a city. How long will it take us to achieve this? We should upgrade the county headquarters to cities. Kapenguria town, for example, should be upgraded to a city. When we do the Division of The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Deputy Speaker, Sir. I join my colleagues in supporting this important Motion. Honestly, I feel that it is important to guide governors on where the county headquarters should be located. Many of us remember that what used to be called districts were being established by the Office of the President. It is used to generate heat and animosity between the communities without looking at the clearly laid down procedures for establishment which included population, service delivery and infrastructure availability, among others. Therefore, it is important to guide governors and the county communities to understand where these headquarters should be located. If we leave it loose like what it has been in the past, it will give opportunity for unnecessary manipulation to the leaders of the county governments. I say so because looking at the way the leased equipments were being distributed, we are yet to receive them. However, some governors have identified referral facilities that were just next to each other. In vast counties like Wajir County, the main district hospital has been identified. In a radius of 50 kilometers, is another hospital which is yet to receive the equipment. I thank Sen. (Dr.) Khalwale and his Mediation Committee for having fully looked into the issue because it will neither give room for manipulation nor unilateral decisions. I support the proposal as suggested. I am sure it will go a long way in helping our communities to live cohesively. Thank you.

Thank you Mr. Deputy Speaker, Sir. I support this Motion. After the promulgation of the new Constitution, we are building new institutions. Those which were there are being revised. I congratulate Sen. (Dr.) Khalwale who came up with the idea in the first place; that there should be designated county headquarters for each county. It is a wonderful idea because we have a group of governors who can do The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Deputy Speaker, Sir. I take this opportunity to thank the Mover of this Motion. From the many remarks from Senators, it is obvious we are moving in the right direction. This Senate must embark on looking for a way to having either a Bill or a Commission to deal with boundary disputes. We are talking about county headquarters but there are other towns which are affected whereby counties are at loggerheads with each other. These are issues that I think Sen. (Dr.) Khalwale, Sen. (Eng.) Muriuki, Sen. Obure among others should come up with a way forward because they have been in public service for long. We should look for a way of solving these boundary disputes once and for all. We have had disputes in Tharaka Nithi, Isiolo, Nyamira and Kisii counties. Even though we sat as leaders and came up with ways of solving it, there are still problems affecting those areas. I do not know whether this House should look at the issues of boundaries from pre-independence. Before we retire, we should come up with solutions which are in tandem with our mandate.

Thank you Mr. Deputy Speaker, Sir. I thank the Senator for Kakamega County for coming up with this Bill. It is now clear where county headquarters should be. The next step should be to facilitate these county headquarters to be what they should be. We know some are small townships while others are municipalities and others are cities. What we should do is to ensure that we grow all of them to become what they should be. The Urban Areas and Cities Act should be relooked at because, ideally, all The electronic version of the Senate Hansard Report is for information purposes

Order, Sen. Billow and Sen. (Dr.) Kuti. Your conversation is loud.

Thank you, Mr. Deputy Speaker, Sir. For a municipality like Kitale, the land that was initially planned became too small. Traders are now doing business not even on the road reserve but on the road itself and the railway, yet there is land that could be planned. In fact, compulsory acquisition has been provided for in the issue of roads and land in urban areas. Mr. Deputy Speaker, Sir, there is also need to have uniform facilities, for example, the county headquarters. If you go to various counties today, you will find that the designs and sizes are different. There should be a level of uniformity. The office that we hold is important. There seems to be no plan at all as to where the office of the Senator in a county should be. While county governments – the county executives and county assemblies – are being facilitated to have offices, the office of the Senator at the county is not being facilitated. This is an issue that we should look at under the current budget so that under the development budget, some resources are allocated for The electronic version of the Senate Hansard Report is for information purposes

Thank you Senator. It appears there are no further requests from the Floor. Sen. (Dr.) Khalwale, are you ready to reply?

Yes, Mr. Deputy Speaker, Sir. Mr. Deputy Speaker, Sir, I rise to respond. First of all, I want to assure this House that this very Mediation Committee Report went to the National Assembly as a Motion during the last Session and it has been approved. So, we are simply doing catch-up. Secondly, the biggest concern that worried Members of the National Assembly – that is why they rejected this Bill in the first place – was that in the original Bill, we had left the exercise of a decision on changing the seat of government in the hands of the county assembly, the county executive and this Senate. So, we expanded the consultation level to include not just the county assembly and the county executive but also the Senate and the National Assembly and finally subjecting it to extensive public participation. So, this is an all-inclusive provision that should leave everybody resting easy. I now wish to assure the people of Kirinyaga that this Bill has sorted out the original fears that were there between Kerugoya and Kutus Towns. We are aware that the governor had attempted to put up a structure at Kutus. This was part of the machinations; at attempt to force the people’s wish to move away from Kerugoya to Kutus. Now that it is permanently this way, a building like the one the governor has put there is not offensive in any way. They can use it in the short-term or mid-term basis but in the long run, he will eventually put up a proper structure at Kerugoya. By the time I was drafting this Bill, there was a lot of anxiety in Kiambu because there was an attempt to move the seat of government from Kiambu Town - the Town that we know - to Thika. This has been settled and today I am sure that the people of Kiambu will be very happy with this Senate. Finally, is about the people of Laikipia. The fears they had about Rumuruti and Nanyuki have been brought to rest. I hope that this House will find reason to support the amended version of the Bill after the mediation, so that we give His Excellency, President Uhuru Kenyatta an opportunity to assent it into law. With those remarks, I move that the Report of the Mediation Committee on the County Government (Amendment) Bill (Senate Bill No.1 of 2014) be approved by this House. I thank you.

Thank you, Sen. (Dr.) Khalwale. Sen. (Dr.) Khalwale, are you going to invoke Standing Order No.54, or do you want me to put it to the vote?

Mr. Deputy Speaker, Sir, if it is the ruling of the Chair that this Motion is a matter concerning counties, then---

Sen. (Dr.) Khalwale, if this does not affect counties, what affects counties? The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, I am so directed.

Do you sincerely think this does not affect counties?

It does affect counties.

Then, are you going to invoke Standing Order No.54, or do you want me to put the matter to the vote?

Mr. Deputy Speaker, Sir, in view of the fact that the Chair has confirmed and asserted that this is a matter affecting counties and I agree, allow me, under Standing Order No.54, to request that the vote be taken on any other day to allow sufficient delegations to be in the House. Thank you.

Thank you, Sen. (Dr.) Khalwale, it is so ordered. Next Order.

Order, Senators! I will defer Orders No.11, 12 and 13 because we do not have numbers to go to Division and I do not want to have a futile Division. We will also defer Order No.14.

Hon. Senators, this is resumed debate. Who was on the Floor? Hon. Senators, I note that Sen. Mutula Kilonzo Jnr. who was in the process of moving the Motion is not here. So, we cannot deal with resumed debate on that. We have to go back to Order No. 15, Committee of the Whole.

I defer the putting of all the questions towards the end so that we put the questions together.

Madam Temporary Chairperson, I beg to move:- THAT

We had agreed that the Division will come at the end. Sen. (Dr.) Khalwale, do you have an intervention? Okay you have removed your request.

Madam Temporary Chairperson, it was earlier.

Okay.

I beg to move:- THAT, Clause 5 be amended – By inserting the following new sub-clauses immediately after sub-clause (2) – (3) The board shall, in the performance of its functions under subsection (1) and (2), collect and maintain data on matters relating to industrial development in the counties. (4) Each county government shall co-operate with, and submit to the Board, such data and information with regard to matters relating to industrialization inaccordance with guidelines that may be prescribed by the Board. Madam Temporary Chairperson, again, let me explain that that amendment came up in the Committee on Finance, Commerce and Budget to include the fact that this Board would also be the one to collect the data on industrialisation around the country.

Again, Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 7 of the Bill be amended in sub-clause (7) by – (a) inserting the words “the intended removal and” immediately after the words “writing of” appearing in paragraph (a); (b) inserting the words “before the board” immediately after the words “put in a defence” appearing in paragraph (b). There was something missing in the Bill; that the Chief Executive maybe removed without a hearing.

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Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended – (a) by deleting the heading appearing immediately before clause 10 and substituting therefor the following new heading – PART III – PUBLIC PARTICIPATION (b) by deleting clause 10 and substituting therefor the following new clauses – Public participation. 10. (1) The Ward Administrator in each ward shall, not later than twelve months from the date of the preceding general election, give an opportunity to the residents of a ward to submit their ideas and views regarding matters relating to industrialisation within the county and shall, for this purpose, convene a meeting of the residents of the county to receive such ideas and views. (2) Despite subsection (1), the first meeting of the residents of a ward shall be convened within a period of eight months from the date of the commencement of this Act. (3) A meeting convened under subsection (1) shall be chaired by the respective elected member of the county assembly. (4) The residents of the respective ward may submit their views on issues relating to industrialization under subsection (1) to the Ward Administrator orally or in writing. (5) A Ward Administrator may receive ideas and views regarding matters relating to industrialization within the respective county from persons who are not resident in the county. (6) Each Ward Administrator shall compile and submit to the county industrial co-ordinator the ideas and views received under subsections (4) and (5) for consideration. County industrial forum. 10B (1) Each county government shall convene a county industrial forum biennially consisting of – (a) the Senators elected and nominated from the respective county under Article 98 of the Constitution; (b) members of the National Assembly elected to represent the constituencies within the respective county and nominated from, or to represent the respective county under Article 97 of the Constitution; (c) members of county executive committees in the respective county; The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting Clause 11.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting Clause 12.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting Clause 13.

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Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting Clause 14.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting Clause 15.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting Clause 16.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 17 of the Bill be amended – (a) in sub-clause (2) by deleting the word “produce” appearing immediately after the words “improvement of existing” and substituting therefor the word “facilities”; (b) by deleting sub-clause (3); (c) in sub-clause (5) by deleting all the words appearing immediately after the words “established in the industrial park”.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 18 of the Bill be amended – (a) in sub-clause (2) by deleting the words “industrial development committee” appearing immediately after the words “by the County” and substituting therefor the word “Assembly”; (b) in sub-clause (3) by deleting all the words appearing immediately after the words “value to a project”.

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Madam Temporary Chairperson, I beg to move:- THAT, Clause 20 of the Bill be amended by – (a) deleting sub-clause (2); (b) in sub-clause (3) by deleting the words “industrial development committee” appearing immediately after the words “of the County” and substituting therefor the word “Assembly”.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 21 be amended – (a) by deleting sub-clause (1) and substituting therefor the following new sub- clause– (1) In order to ensure harmony, proper co-ordination and to avoid undue duplication, all projects, whether public or private, however funded and irrespective of ownership, shall be included in the report of the county government submitted to the county industrial forum under section 10. (b) by deleting sub-clause (2); and (c) in sub-clause (3) by deleting the words “and approval” appearing immediately after the words “Board for information”.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting clause 22.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 23 of the Bill be amended by – (a) re-numbering the existing clause as sub-clause (1); The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Chairperson, I beg to move:- THAT, Clause 24 of the Bill be amended in sub-clause (2) by – (a) inserting the following new paragraphs immediately after paragraph (d) – (da) details relating to the nature and financing of the project; (db) details relating to the sponsor, implementing agency and any other financiers of the project; (b) deleting the words “County Industrial Development Committee” appearing immediately after the words “secretary to the” in paragraph (e) and substituting therefor the words “county industrial coordinator”; (c) deleting paragraph (h).

Madam Temporary Chairperson, I beg to move:- THAT, Clause 29 of the Bill be amended by – (a) deleting sub-clause (1); (b) deleting the words “schedule of projects received under sub-section (1)” appearing immediately after the words “into account the” and substitute therefor the words “industrial development initiatives in the respective counties”.

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Madam Temporary Chairperson, I beg to move:- THAT Clause 32 of the Bill be amended by deleting sub-clause (3).

Madam Temporary Chairperson, I beg to move:- THAT, Clause 33 of the Bill be amended in sub-clause (2) by inserting the word “county” immediately after the words “intended for”.

The Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 34 of the Bill be amended by deleting the words “set out in the approval by the County Industrial Development Committee” and substituting therefor the words “specified in guidelines prescribed by the Board”.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 36 of the Bill be amended – (a) in sub-clause (1) by deleting the word “Board” appearing immediately after the words “approved by the” in paragraph (d) and substituting therefor the words “County Assembly”; (b) in sub-clause (2) by deleting the words “but approval by the County Industrial Development Committee of the industrial undertaking shall be mandatory” appearing immediately after the words “from its own funds”; (c) in sub-clause (4) by inserting the words “or private entity” immediately after the words “county corporation”; The electronic version of the Senate Hansard Report is for information purposes

Hon Senators, nobody seems to be interested in any interventions at all.

Madam Temporary Chairperson, allow me to comment on that. Since this Bill has been before us for two years, there were comments in the Committee three times and during the Plenary.

Okay. Let us proceed.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 38 of the Bill be amended in sub-clause (2) by deleting paragraph (a) and substituting therefor the following new paragraph – (a) a quarterly report; and

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting Clause 40.

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Madam Temporary Chairperson, I beg to move:- THAT, Clause 42 of the Bill be amended in sub-clause (2) by deleting paragraph (d) and substituting therefor the following new paragraph – (d) such monies as may accrue to the Fund pursuant to section 36(6);

Madam Temporary Chairperson, I beg to move:- THAT, Clause 49 of the Bill be amended – (a) by deleting sub-clause (1) and substituting therefor the following new sub-clause– (1) Each county government shall formulate such policies as may be necessary to promote industrialization in the respective county through public, private or public-private ventures. (b) by deleting sub-clause (2) and substituting therefor the following new sub-clause– (2) Each county governor shall appoint one county public officer to serve as the industrial coordination officer who shall coordinate the industrial development activities in the respective County.

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Madam Temporary Chairperson, there is no amendment to Clause 2.

Sen. (Eng.) Muriuki, there appears to be an amendment on Clause 2 in the Order Paper. There is an indication of an amendment. Do you have the Order Paper?

Madam Temporary Chairperson, let me tender my sincere apologies. There is an amendment on Clause 2. I beg to move:- THAT, Clause 2 of the Bill be amended by deleting the definition of the word “County Industrial Development Committee”.

The Division will be at the end.

Since we cannot do the Division now because of the numbers, we shall report progress.

Madam Temporary Chairperson, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole reports progress on its consideration of The County Industrial Development Bill (Senate Bill No.7 of 2014) and seeks leave to sit again tomorrow.

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Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Industrial Development Bill (Senate Bill No.7 of 2014) and seeks leave to sit again tomorrow.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said Report.

seconded.

Who is seeking the Floor? Is it Sen. ole Ntutu? He is not even here. Is somebody using his card? In that case, I will put the Question.

Next Order!

Sen. Mutula Kilonzo Jnr., my record shows that you have 57 minutes balance. You can take your 57 minutes. In the meantime, whoever is using Sen. ole Ntutu’s card to scramble it.

Mr. Deputy Speaker, Sir, this is a fairly straightforward Bill so I will take less time. I had already introduced the Bill, but for the avoidance of doubt and for the Senators who were not here, the Committee of ICT has proposed this Bill; I am moving it on their behalf. The outdoor advertising sector, since time immemorial, has been unregulated and/or has only been regulated using legal notices and other methods. In this case, the Physical Planning Act has been used to regulate outdoor advertising. However, on the promulgation of the new Constitution under the Fourth Schedule, the outdoor advertising The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Speaker, I stand to second this Bill. In the last 40 years, we have witnessed a high level of economic liberalization in this country. The level of competitiveness has risen to greater heights in the last few years. For example, production of goods has gone up and more people are producing a lot of goods for our market. Therefore, for them to sell their goods, they must take them to the next level by convincing their consumers to buy those goods. One of the best ways to do so, is through advertising. The more high scale advertising they will do, the more customers they will get for their goods. We need to see billboards erected in the right places. Sometimes we find billboards that have been erected in places that are not appropriate on the road and some distract drivers. Therefore, it is very important to balance the factors. We need to strike a balance between the interest of the consumers and those who have competing interests. I congratulate Sen. Mutula Kilonzo Jnr. for tabling this Bill because it addresses key components of fairness; of equitable distribution, flexibility and responsibility in advertising which is very critical. As much as we have industrial growth, it should grow within a controlled environment. Without this Bill, people can do what they want to do at any time. This Bill will regulate and ensure that there is a level of public safety beyond which nobody should be able to go. At the end of the day, we want to see our people protected and doing their businesses in a conducive environment. For example, there have been cases where advertisements have been put in place for long, the paper has wasted away, moving into rivers and other public space creating quite an issue. It is a pity The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Speaker, thank you for this opportunity. This is an important Bill and I thank the distinguished Senator for Makueni County for bringing it. If you look around the country, there are a lot of distortions or distorted images of outdoor advertising. There is lack of order and what one can call proper planning and very haphazard placements of advertisement. We know that outdoor advertisement is big business. In this country last year alone, outdoor advertisement raised close to KShs12.5 billion with the lions share going to Nairobi, Mombasa and the other big towns. However, even the small towns in the remotest parts of the counties can raise revenue. In so doing, one would want to see order as the Bill proposes. One would also want to see that even the charges that are levied against those who advertise are not extortion charges, but those that are consistent with the weight and growth of the economy and the ability to help those who advertise grow. That is why I feel that this Bill is timely and important. It will regulate a sector that has been oscillating on its own. I am quite sure that the Kshs12 billion raised last year from advertising in the country could be doubled if there were regulations and proper management because certain advertisement sites are out of reach from local authorities and levels of accountability. Haphazard charges make it difficult for citizens of each county to benefit from the revenue raised from these advertisements. Madam Temporary Speaker, I want to speak briefly to some of the clauses in the Bill so that the sponsor of the Bill can, at the Committee Stage, be able to make it better if he finds my views acceptable. I want the distinguished Senator to look at Clause 3(1)(d)(2) where it is exempting advertising relating to religious, educational, cultural, recreational and medical institutions or institutions of similar character. These institutions The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir. I wish to confirm that while you were away, I congratulated you for being appointed to that very important office. I hope that you will serve us without favour.

Without fear or favour.

Mr. Temporary Speaker, Sir, I congratulate Sen. Mutula Kilonzo Jnr. for coming up with this Bill. It might not occur to you but the spark of thought that allowed you to come up with this industrious piece of legislation will be the reason why some people will become very rich and others will lose out on multi-million shilling opportunities in business. This is because business is all about people knowing it is there and, therefore, the advertisement is the reason why you will succeed or fail. I cannot speak to everything. I do not have the privilege of having the kind of time that the Senate Majority Leader has. So, I will only speak to three clauses and see how we can accommodate my thinking. It might not necessarily be the best but it might provoke one line of thought or more in your mind. Mr. Temporary Speaker, Sir, in Clause 3, you are speaking to the issue of application. It is important that we know that the world is now oscillating between electronic and print advertisement. So, when you are drafting the final, you should distinguish between the electronic and print billboards. I mean, a person who has put up an electronic billboard like the one that you see at the roundabout of Nyerere Avenue and Uhuru Highway, that kind of ---

Where is that?

Sorry, it is at the junction of Haile Selassie-Uhuru Highway roundabout. That huge electronic billboard attracts this person more customers almost like somebody who has put up a billboard at Safaricom Stadium Kasarani. So, this distinction should be there. This person pays more for the county governments to make maximum returns on that kind of advert. What is more, a person who is advertising electronically means that he is a bigger company, the returns are bigger and, therefore, we can help the public to partake of those particular returns. My second comment is on Clause 4. In this clause, you have created a committee and I suggest that you think that this is a committee of five people because they are two in “c”. It is actually a one man committee; the governor. You go on to make the governor the final authority to decide on every cent and shilling that will go into advertisement in his county. He will be extremely powerful and the moment he does that, companies that compete with his companies or companies where his friends and relatives have an interest will be frustrated.

Like Mr. Berlusconi!

Yes, like “Berlu”.Although I admire “Berlu” for different reasons.

His love for women! The electronic version of the Senate Hansard Report is for information purposes

He also loves soccer. So, be careful. Mr. Temporary Speaker, Sir, I want to persuade Sen. Mutula Kilonzo Jnr. that at this particular point in time, we have to kill this one-man show in licensing. I, therefore, propose that the governor should give the committee the person in “a”, “b” and “d”. However, the man and woman in “c” should actually be appointed, not by the governor but by the County Chamber of Commerce. The County Chamber of Commerce will know who is this businesswoman or man who would be ideal in making sure that there is a level playing ground in terms of people getting licences.

Also the Kenya Private Sector Alliance (KEPSA).

Yes, and KEPSA. Then, I propose that you think about us adding “(e)” because I want us to find another three people. When you add the two people in “c” to these, it will make five. During the vote, they will make it difficult for the governor’s appointees to rig the licensing process. Owing to the fact that the issue of morality is important not just to Christians but even to Muslims, I propose that faith based organisations give us three people; a Muslim, a Protestant and a Catholic or whichever arrangement that you will find admissible so that these three people not only check the one man show of the governor but also to ensure that billboards that are morally offensive do not find their way along our streets and highways. I am sure that I am not alone; maybe it is because of my age. I have been forced to have a television set in my bedroom. I have also been forced to control the channels that go to the television in the sitting room.

And in the bedroom?

Mr. Temporary Speaker, Sir, in the bedroom, you can watch anything because you are adults alone. However, in the sitting room, adverts can splash on the screen, and you are there with your daughter who is in Form Three and you are just confused. You do not like it - Or I am there with the wife of my firstborn son and I do not know what to do. So, we need the issue of morality to count in Sen. Mutula Kilonzo Jnr.’s Bill. As I conclude, I have a final comment on Clause 5. Clause 5(2) states, “an application for registration shall be in the prescribed form and shall be accompanied by--- ” You have put that list. I would like you to remember the following: We have people who do businesses of erecting spaces for billboards. That is where Sen. Wetangula’s view touched me because mimi ni mtetezi wa wanyonge, when he said, “the man with his stone alongside the road.” So, let me give you the example of Magnate Ventures Limited; they have put up billboards all over the Republic. That guy controls a fortune of business. He mounts on whatever he wants. For example, when Nakumatt Holdings Limited wants to put up something, they come to Nairobi and get paid or when Sen. Wetangula wants to run for the presidency and Sen. (Dr.) Khalwale wants to run for Governorship for Kakamega County; they go to Magnate Ventures Limited. They are convenient because you tell them what you want, they take a picture of what you want or they design it for you, and The electronic version of the Senate Hansard Report is for information purposes

Sen. (Dr.) Khalwale, did you say that your candidate was limping. Can you substantiate? Are you saying he was physically challenged?

Mr. Temporary Speaker, Sir, I was being figurative. I wish Sen. Wangari was here. She would have easily substantiated this because she knows the whole story. This thing is so important that Sen. Mutula Kilonzo Jnr. Should put into consideration because we do not want monopoly of businesses by people who are already rich. We do not want monopoly on the opportunity to advertise yourself as a candidate to be left to the people who are most financially endowed. If you do not do this, the richest governor or gubernatorial candidate, Senator or President will just simply buy you out. He or she can go and pay a thousand times when you have paid for that site. After all, it is only for 21 days. So, he or she can afford to do that. They can block everything. We need to do it. Sen. Mutula Kilonzo Jnr. and the Senate Minority Leader are equally brilliant lawyers. You have to guide us; we have to protect the public. This is a House of equity. It makes sure that there is social justice. We want social justice in the way of doing business. Mr. Temporary Speaker, Sir, finally, there is the issue of punishment. Please, go easy on that one. I do not want to repeat what Sen. Wetangula said. Do not make it prohibitive. Do not make a matter of advertisement a greater sin than somebody who has stolen somebody’s goat. So, if the punishment of stealing a goat is not that excessive, The electronic version of the Senate Hansard Report is for information purposes

She did not even handle the chairs.

Yes! Yet Ms. Anne Waiguru suspected of all the looting in the National Youth Service has never spent even one hour behind bars.

Even at the police report office.

Yes! Mr. Temporary Speaker, Sir, what kind of country are we building? I was giving a speech to law students at Moi University two weeks ago; I told them: “Students, be aware, the glory of academic excellence we had when we were at the university is gone”. Our university students are now learning skills, not of how to earn money but how to make money. A very unreasonable word is trending in the minds of young people; “I am a hustler.” We have to change our society. Mr. Temporary Speaker, Sir, with those remarks, I beg to support.

Mr. Temporary Speaker, Sir, I join my colleagues in recognizing that this is your first time on the “big seat” in the House. I wish you well as you discharge your duties.

This is my third day on the seat.

Mr. Temporary Speaker, Sir, my eyes have seen you today and I am happy. I congratulate my colleague, Sen. Mutula Kilonzo Jnr., for bringing the County Outdoor Advertising Control Bill (Senate Bill No.11 of 2015). Although this Bill is late, it is better late than never. I say this because some of our county headquarters, towns, shops and roads are saturated with a lot of advertisements, particularly billboards that have been put up haphazardly in some areas. This Bill, therefore, will control outdoor advertisement and protect the environment in the counties. As you enter some towns and cities like Nakuru, Eldoret, Kitale and Kapenguria, you will see an array of competing advertisement billboards paraded everywhere. This Bill will regulate this and compel counties to form committees that will manage this type of business. As you enter Kitale and Kapenguria towns, you will see over 1000 small billboards advertising everything, including some things that do not even exist anymore. If we pass this Bill, the governors and those who will be coming later will organize the advertising. I am happy with what happens in Nairobi. We have digital billboards which run several advertisements many times once they are paid for. Once such a billboard is put strategically in a particular place, it can have all the advertisements. If the county does not have entrepreneurs like Magnet Ventures Limited, they can do it using a committee, so that all advertisements can be paid through the relevant department. The design and display of messages should also be regulated to ensure that the advertisements on billboards are seen and read clearly. In some airports, for example, you will find only one billboard that rolls over. In Amsterdam, for example, many planes land every five minutes. So, you have to keep monitoring. Suppose 1,000 planes land--- The electronic version of the Senate Hansard Report is for information purposes

On a point of order Mr. Temporary Speaker, Sir. Did you notice that my distinguished friend, in expressing himself, demonstrated something using his fingers? How will the HANSARD capture that because what we say here is on HANSARD?

Mr. Temporary Speaker, Sir, my neighbour and leader is excited over nothing. I am explaining and you have to get what I am saying. He is very good at doing that himself. I do not know why he has raised the issue when he is very good at expressing himself using his fingers.

Sen. (Prof.) Lonyangapuo, expressing yourself using fingers cannot be captured by the HANSARD. It should be accompanied by an explanation, so that it is captured on HANSARD. The hon. Senator, therefore, has a point.

Mr. Temporary Speaker, Sir, whatever my fingers were doing came from the heart. It is normal for that to happen when you want to express a point. You also know that I am a teacher. I was saying that in some airports, for example, Amsterdam, many planes land per day. Suppose all airlines were allowed to erect billboards, it will be impossible to get space. Therefore, it is good to manage advertisement by putting in place a system that can control and manage the information that is shared. Kenya is a religious nation of Christians and Muslims. New churches are started every time. If you drive to Nakuru, on the way to Eldoret, you will see an advert around a corner which says: “Good news, good news” or “breaking news.” This can make you stop and easily cause an accident. However, when you read the advert carefully, you will find that the “breaking news” is very interesting. It could be about a witchdoctor who has arrived from Tanzania. Those are the types of things that are advertised and they capture attention because of the way they are displayed. If the committee proposed in the Bill existed in the counties, they would identify such adverts that could cause accidents. If you drive in the countryside, you will see that Constituencies Development Fund (CDF) billboards have been put up everywhere, especially now that the next election is approaching. Even a bus that was bought using public funds is written “CDF- funded.” Some adverts even have the photographs and names of the sitting Members of Parliament and what they have done. This is how wild and weird we have become---

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

I accept to be informed.

Mr. Temporary Speaker, Sir, I want to inform the distinguished Senator that the obscenity going on now is in every county. At every primary or nursery school, there is a billboard with the picture of the governor; that this school was built by the county government. The picture of the governor is put, as if he used his personal money. The electronic version of the Senate Hansard Report is for information purposes

I want to thank my brother, Sen. Wetangula, because what he has said is the truth. That is how low things have sunk in the counties. One notorious leader in that direction is the Governor of Murang’a. His photographs and names are all over. Very soon, you may see the photographs of his wife and children next to his on the billboards. His name appears even on latrines that have been built in schools using public funds. Mr. Temporary Speaker, Sir, innocent governors like mine are now beginning to learn that they can issue cheques that are meant for bursary and announce that it is their personal contribution of, for example, Kshs500,000 or even Kshs1 million. Innocent people collect water, sand and stones in the name of that man and when it is ready; they print posters with his face and name. How sad it is that we are heading to that direction. It is important that this law comes into effect so that every county and particularly assemblies will be given this Bill to effect and customize it so that we bring decency and order. I saw the Governor for Nandi County has graduated from the billboards; he is now advertising himself on the television (TV) for everyone to see him. Advertisements are all over in the newspapers. If you opened today’s papers you must have seen a number of them doing that. For instance, if they advertised some issues on Kisii County, you will see a picture of the Senator squeezed at one corner while four pages are dedicated to the governor and his team. We did not even know some of the County Executive Committee (CEC) members existed, but they have now matured to elevate and parade their names everywhere. The amount of money wasted is huge. It seems that some of them have companies that deal with the advertisements. That is why you see that only photographs of one individual appear everywhere. This has to come to a stop. We cannot continue like this any longer. Suppose the President of the Republic of Kenya was doing that, and that his photograph had to appear even on water bottles from manufacturing companies, what would have happened? This is what is happening in the counties and it is so sad. The ethics of advertisement must be followed. I agree with the Members who spoke before me that when it comes to penalties and exercising of penalties set, we should give rates that are reasonable so that we do not end up doing what was done before; that when somebody has stolen an egg, they are jailed for two years or a fine of Kshs10,000 yet that person can be utilized for manual labour for one day or a few hours to pay back what he stole. Mr. Temporary Speaker, Sir, looking at this Bill, I am happy that Sen. Mutula Kilonzo Jnr. has brought it to the House. Any suggestions that are there should be brought forward to make it better because it will add a lot of value. I am happy that we, as the Senate, are generating these laws. My worry is that a lot of the Bills that we have generated here have not seen the light of day because our colleagues in the “lower” House have detained and disabled these Bills from going forward. Because of the crucial nature of such Bills, this is one of those pieces of legislation that should not have any issues whatsoever. Our colleagues in the National Assembly should work on it so that it can be forwarded for assent so that we remedy and rescue the situation. The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, allow me to congratulate you on the assumption of that Chair. You indicated that this is your third day on that Chair, but this is the first time that I am catching your eye. I am, therefore, proud to be speaking under your direction. I support this Bill, and I would like to make some very brief comments because the Senate Minority Leader and the other Senators who have spoken before me have done justice to this Bill. They have even brought perspectives that I had not seen previously. It is clear that outdoor advertising as per the Constitution is the responsibility of counties. The drafters of our Constitution, some of whom sit in this House, when assigning outdoor advertising to counties---, it is quite interesting that they listed a number of things – pollution - then they said other public nuisances including outdoor advertising. I do not know whether at that point there was a feeling that outdoor advertising was nuisance yet this is a huge revenue generating opportunity. Mr. Temporary Speaker, Sir, if you look at the Constitution, you will see very clearly that outdoor advertising is assigned after other public nuisances and pollution. It is important that we stop looking at outdoor advertising as a public nuisance, but as an indicator of economic growth. There are certain socialist countries - if you go there, you find virtually no advertising. When we visited Cuba with the Committee on Agriculture, Livestock and Fisheries, it was refreshing to drive in a city without billboards and outdoor advertising. However, it tells you something about the economic growth and pace of a country. When you come back to Kenya, you land at JKIA and you are blasted with the signage and billboards in your face. Outdoor advertisement should be seen as much more than a nuisance. Mr. Temporary Speaker, Sir, this Bill is dated 10th July, 2015. Probably, at the time it was initiated, there was still a dispute between county governments and the Kenya National Highways Authority (KeNHA) on control and ownership of advertising structures that lay on national highways. In December 2015, the High Court ruled that the KeNHA had no role in outdoor advertising and ruled very clearly that it was a function assigned to counties. I have seen that there are certain references to KeNHA in this Bill. Clause 5(2) says that approval should be sought from KeNHA if it lies on the national highways. In light of the court ruling, it will be important for us to revisit this Bill and make sure that we do not assign any responsibilities to KeNHA when this is a matter that rests solely with the counties. Genuine business men and women – not salonists who have become overnight millionaires – who do business across multiple counties, have always expressed concern that where there is a licensing regime in each respective county, business becomes very difficult to undertake. This is one example where we are talking about a licensing regime The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir. I also rise to thank Sen. Mutula Kilonzo Jnr. knowing very well that outdoor advertising is a very critical component because it targets the masses. Therefore, whether you will use it positively or negatively, it captures the minds of those doing the adverts. It brands you. Therefore, the governors are always branded whenever you see those billboards of theirs. Mr. Temporary Speaker, Sir, their audiences at the grassroots understand that they have only one person within the county called the governor. When I look at the Bill also – I would wish to ask the Senator - we need to look at the payments of damages. Sometimes there is a mishap. Where will the ordinary citizen go to complain? When they put up those billboards, you will find that sometimes there is a breakage and people who were seated or passing there are hurt. Measures of safety should also be put in place. The other important thing is ensuring that counties benefit from the adverts. Most of the time, the adverts involve only those who have the money. The county assemblies cannot do an advert in any of their counties. I have never seen an advert showing the County Assembly of Makueni, for instance, and what they have done. The only adverts in counties are more of individuals. We have to bring in measures to ensure that if Makueni County is good in coal or sand, they have a right to put up a billboard that shows what their economic empowerment is. What do they have that other counties do not have? What is the nature of that county? How do you ensure that the county assemblies safeguard that? I also wish that within the Bill, the county assemblies are given powers to approve some of these things especially the big advertisements. It should be approved by the county assemblies. We should not leave it between the committee and the governor. The county assemblies should be empowered to safeguard this. Mr. Temporary Speaker, Sir, there should be a central registry so that we do not rely on the renowned Magnate Company as if it is the only advertising company that many people have known for years. There should be a register of the practitioners to show those from national and the county levels. The registry should safeguard the small firms from being overshadowed by big ones like Magnate. We must ensure that when The electronic version of the Senate Hansard Report is for information purposes

There is no other interest to contribute on this Bill, so the Mover can reply.

.: Thank you, Mr. Temporary Speaker, Sir. I thank Senators for their contribution. In fact, at the time that we were preparing for this Bill as a Committee, our secretariat had drafted amendments to the Bill but I told them to now listen to views of Senators. Otherwise, I would not have heard of the word, “out-of-home advertising”. It can only come from a person who has been in the private sector; that is, Sen. Kajwang. I thank Sen. (Dr.) Zani, Sen. Wetangula, Sen. (Dr.) Khalwale, Sen. (Prof) Lonyangapuo and Sen. Elachi. I entirely agree with the proposal by – although we will discuss this in detail – Sen. Wetangula on Clause 3 on the question of dealing with religious organisations. I still think that we can provide a proviso and an exception as to the sort of outdoor advertisement that are exempted, because then the Kanyaris of this world would obviously take advantage of it. Regarding wall branding, I think Safaricom Stadium Kasarani is branded and Nyayo Stadium is branded by Britam. This is one of those things that we must have forgotten to include in this Bill, and I think we should. It means that at least, the Nyayo Stadium ought to generate revenue for the Nairobi City County Government for the way it is currently branded. The electronic version of the Senate Hansard Report is for information purposes

The request is so granted. We will defer the putting of the question to a day when the matter will be placed on the Order Paper.

Since Sen. Gwendo, the Mover of the Bill, is not here, we will defer it.

On a point of order, Mr. Temporary Speaker, Sir. I am sure that I speak for myself and my brother, the Senate Majority Leader; that we want to process business. When the sponsor of the Bill that is on the Order Paper is not in the House and no reason is given, there must be some sanctions from the Chair. The sponsor of this Bill has been in this House and she just walked away. This is not taking business of this House seriously. Many of us sit here for long hours. We have not been bringing personal Bills but we bring Bills through committees. Individuals who bring Bills must be patient enough to sit here and listen to others, as they would be listened to when they move their Bills.

(Sen. (Prof) Kindiki): Mr. Temporary Speaker, Sir, I support the point raised by the Senate Minority Leader. At the very least, when a Senator is a Mover of a Bill or Motion that is in the Order Paper, the Senator owes the Chair an explanation and leave if they will not be there. It is the only way to show dignity to this House. I would actually suggest that if possible, the Speaker could consider giving a specific ruling on this issue of Senators sneaking out when their Bills are in the Order Paper without the permission of the Chair.

The points raised by the Senate Majority Leader and the Senate Minority Leader are noted. It is a concern to all of us given that there are many other Bills that would have appeared in the Order Paper on a particular day. Therefore, it is important that people take seriously the slots allocated to them. Nonetheless, the Speaker will pronounce himself as to the sanctions that would be attendant to such kind of business. Next order!

THE KENYA NATIONAL EXAMINATIONS COUNCIL (AMENDMENT) (NO.2) BILL (SENATE BILL NO. 14 OF 2015) The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I beg to move that The Kenya National Examinations Council (Amendment) (No.2) Bill (Senate Bill No. 14 of 2015) be now read a Second Time.

Sen. Obure, you will have 59 more minutes to move your Bill the next time it appears on the Order Paper.

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Thursday, 18th February, 2016, 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