Can you ring the Quorum Bell?
Order, Members! We can now commence.
Hon. Irshadali Sumra, do you intend to make your way into the Chamber or you have already made your appearance?
Hon. Members, this Communication relates to submission of proposed amendments to the National Assembly Standing Orders. I wish to notify the House that the Procedure and House Rules Committee has commenced the process of reviewing the Standing Orders as is the practice at the end of every term of Parliament. Hon. Members, I think this is important. This Parliament is going to a close. Standing Order No.264 provides: “At least, once in every term of Parliament, not later than six months to the end of the term, the Procedure and House Rules Committee shall review the Standing Orders and make a Report to the House recommending the Standing Orders, if any, to be amended.” Hon. Members, you are, therefore, requested to submit any proposal and, or proposals for amendments to the Standing Orders, on your own behalf or through your respective Committees, to the Office of the Clerk on or before Tuesday, 21st March 2017. The Committee will review and harmonise the amendments proposed, if at all, with a view to presenting a report for consideration by the House before the end of the term of this 11th Parliament. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
I thank you, Hon. Members.
The Chairperson of the Budget and Appropriations Committee, Hon. Mutava Musyimi.
Hon. Speaker, I beg to lay the following Paper on the Table of the House today Thursday, 23rd February 2017: The Report of the Budget and Appropriations Committee on the First Supplementary Estimates for the 2016/2017 Financial Year.
Very well.
Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Budget and Appropriations Committee on the First Supplementary Estimates for the Financial Year 2016/2017, laid on the Table of the House today Thursday, 23rd February 2017 and in accordance with the provisions of Article 223 of the Constitution, approves the overall reduction of Kshs228,914,000,535 for the total Budget for the year ending on 30th June 2017 in respect of the various Votes as indicated in the Schedule.
P.1 Policing (2,673,684,1 (955,870,000) (3,629,554,199 (21,660,830)
(21,660, (2,695,345,02 (955,870,000 (3,651,215,0 Services 99) ) 830) 9) ) 29) P.2 Planning, 3,675,409,61 5,395,083,41 9,070,493,101
- 3,675,409,61 5,395,083,49 9,070,493,10 Policy 0 0 1 1 Coordination and Support Service The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
P.3 Betting 15,839,121 -
P 8: Special 6,912,385,24 - 6,912,385,247
- 6,912,385,24 - 6,912,385,24 Initiatives 7 7 7 P.9 23,014,910 3,250,000,000 3,273,014,910
- 23,014,910 3,250,000,00 3,273,014,91 Accelerated 0 0 ASAL Development
P.1: Defence 2,500,000,00 (20,000,000) 2,480,000,000
- 2,500,000,00 (20,000,000) 2,480,000,00 0 0 0 P.3 General (4,234,955) - (4,234,955)
- (4,234,955) - (4,234,955) Administratio n, Planning and Support Services
P.1 General 816,382,127 (113,000,000) 703,382,127
- 816,382,127 (113,000,000 703,382,127 Administratio ) n Planning and Support Services P.2 Foreign 7,371,785 (137,000,000) (129,628,215)
- 7,371,785 (137,000,000 (129,628,215 Relation and ) ) Diplomacy
P.1 Primary (157,214,369 (3,710,295,700 (3,867,510,069
- (157,214,369 (3,710,295,7 (3,867,510,0 Education ) ) ) ) 00) 69) P.2 (931,288,930 6,961,000,000 6,029,711,070
4,500,00 4,500,00 (931,288,930 11,461,000,0 10,529,711,0 Secondary ) 0,000 0,000 ) 00 70 Education P.3 Quality 2,113,529 (121,000,000) (118,886,471)
- 2,113,529 (121,000,000 (118,886,471 Assurance ) ) and Standards P. 8 General 442,098,642 (235,958,270) 206,140,372
- 442,098,642 (235,958,270 206,140,372 Administratio ) n, Planning and Support Services
P.5 Technical 2,900,000 (754,299,990) (751,399,990)
- 2,900,000 (754,299,990 (751,399,990 Vocational ) ) Education and Training P.7 Youth - 2,050,000 2,050,000
- - 2,050,000 2,050,000 Training and Development P. 8 General 42,231,718 - 42,231,718
- 42,231,718 - 42,231,718 Administratio n, Planning and Support Services
P1 : General 1,439,053,32 501,000,000 1,940,053,321
- 1,439,053,32 501,000,000 1,940,053,32 Administratio 1 1 1 n Planning and Support Services P2: Public 349,046,513 (10,460,317,26 (10,111,270,75
- 349,046,513 (10,460,317, (10,111,270, Financial 7) 4) 267) 754) Management P3: Economic 92,905,406 20,000,000 112,905,406
- 92,905,406 20,000,000 112,905,406 and Financial Policy Formulation and Management
P.2 Road 20,926,605,7 13,078,134,74 34,004,740,45
(5,000,0 (5,000,0 20,926,605,7 8,078,134,74 29,004,740,4 Transport 11 5 6 00,000) 00,000) 11 5 56
P.1 General 22,668,007 (103,200,000) (80,531,993)
- 22,668,007 (103,200,000 (80,531,993) Administratio ) n, Planning and Support Services P3 Rail - (4,948,000,000 (4,948,000,000
- - (4,948,000,0 (4,948,000,0 Transport ) ) 00) 00) P4 Marine - (7,720,000,000 (7,720,000,000
- - (7,720,000,0 (7,720,000,0 Transport ) ) 00) 00) P5 Air 23,478,906 119,000,000 142,478,906
- 23,478,906 119,000,000 142,478,906 Transport Road Safety (1,662,192) 260,000,000 258,337,808
P4 Maritime 17,000,000 - 17,000,000
- 17,000,000 - 17,000,000 & Shipping Services
P.2 General 38,306,500 221,174,183 259,480,683
- 38,306,500 221,174,183 259,480,683 Administratio n, Planning and Support Services P.3 Water 982,844,407 (3,934,143,102 (2,951,298,695
- 982,844,407 (3,934,143,1 (2,951,298,6 Resources ) ) 02) 95) Management
P.4 Irrigation (16,578,373) (5,299,161,425 (5,315,739,798
780,000, 780,000, (16,578,373) (4,519,161,4 (4,535,739,7 and Land ) ) 000 000 25) 98) Reclamation P.1 Water
P.1 General 298,130,733 340,000,000 638,130,733
- 298,130,733 340,000,000 638,130,733 Administratio n, Planning and Support Services P.2 412,097,011 (1,946,751,531 (1,534,654,520
- 412,097,011 (1,946,751,5 (1,534,654,5 Environment ) ) 31) 20) Management and Protection P.3 (9,973,823) (556,400,000) (566,373,823)
- (9,973,823) (556,400,000 (566,373,823 Meteorologic ) ) al Services
P.2 Natural 1,240,726,70 (1,635,000,000 (394,273,300)
- 1,240,726,70 (1,635,000,0 (394,273,300 Resources 0 ) 0 00) ) Management and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Protection
P. 1 Land 113,034,915 (688,900,000) (575,865,085)
215,000, 215,000, 113,034,915 (473,900,000 (360,865,085 Policy and 000 000 ) ) Planning
P1: General (41,314,838)
P1: General 42,204,199 - 42,204,199
- 42,204,199 - 42,204,199 Administratio n Planning and Support Services P2: 890,100,248 (214,000,000) 676,100,248
- 890,100,248 (214,000,000 676,100,248 Information ) And Communicati on Services P3: Mass - (115,000,000) (115,000,000)
- - (115,000,000 (115,000,000 Media Skills ) ) Development
P.1 Sports (324,663,458 (777,500,000) (1,102,163,458
1,400,00 1,400,00 (324,663,458 622,500,000 297,836,542 ) ) 0,000 0,000 ) P.5 General 68,344,595 - 68,344,595
- 68,344,595 - 68,344,595 Administratio n, Planning and Support Services
P.2 Culture 21,347,731 (413,179,340) (391,831,609)
- 21,347,731 (413,179,340 (391,831,609 ) ) P.3 The Arts (16,564,739) (20,000,000) (36,564,739)
- (16,564,739) (20,000,000) (36,564,739) P.4 Library 2,403,372 (57,000,000) (54,596,628)
- 2,403,372 (57,000,000) (54,596,628) Services P.5 General 219,719,546 - 219,719,546
- 219,719,546 - 219,719,546 Administratio n, Planning and Support Services
P 1 General - 158,700,000 158,700,000
- - 158,700,000 158,700,000 Administratio n Planning and Support Services P2 Power - 8,067,069,562 8,067,069,562
- - 8,067,069,56 8,067,069,56 Generation 2 2 The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
P3 Power - (35,520,222,52 (35,520,222,52
1,538,00 1,538,00 - (33,982,222, (33,982,222, Transmission 4) 4) 0,000 0,000 524) 524) and Distribution P4 - 785,000,000 785,000,000
- - 785,000,000 785,000,000 Alternative Energy Technologies
P1: General (10,645,303) (212,000,000) (222,645,303)
- (10,645,303) (212,000,000 (222,645,303 Administratio ) ) n Planning and Support Services P2: Crop (992,425,108 (1,085,664,237 (2,078,089,345
- (992,425,108 (1,085,664,2 (2,078,089,3 Development ) ) ) ) 37) 45) and Management P3: (9,150,295) (705,749,840) (714,900,135)
- (9,150,295) (705,749,840 (714,900,135 Agribusiness ) ) and Information Management
P.1 General 1,422,786 (203,600,000) (202,177,214)
- 1,422,786 (203,600,000 (202,177,214 Administratio ) ) n Planning and Support Services P.2 Industrial 24,306,868 (1,798,370,000 (1,774,063,132
- 24,306,868 (1,798,370,0 (1,774,063,1 Development ) ) 00) 32) and Investments P.3 Standards 50,700,000 (127,817,000) (77,117,000)
- 50,700,000 (127,817,000 (77,117,000) and Business ) Incubation
P 3: Trade 530,101,266 (122,500,000) 407,601,266
- 530,101,266 (122,500,000 407,601,266 Development ) and Promotion
P 1: East (29,350,014) (25,000,000) (54,350,014)
- (29,350,014) (25,000,000) (54,350,014) African Affairs and Regional Integration
P 3: Social (63,001,266) (13,100,000) (76,101,266)
- (63,001,266) (13,100,000) (76,101,266) Development and Children Services P 4: National (155,954,627 (349,402,000) (505,356,627)
- (155,954,627 (349,402,000 (505,356,627 Social Safety ) ) ) ) Net P 5: General 78,277,466 - 78,277,466
- 78,277,466 - 78,277,466 Administratio n Planning and Support Services
P.1 General 618,433,697
P 2: Tourism 54,045,325 (1,250,000,000 (1,195,954,675
- 54,045,325 (1,250,000,0 (1,195,954,6 Development ) ) 00) 75) The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
and Promotion
P4: General 5,299,980 62,000,000 67,299,980
- 5,299,980 62,000,000 67,299,980 Administratio n Planning and Support Services P 5: Public 200,000,000
P6: Gender (249,303,799 (54,700,000) (304,003,799)
- (249,303,799 (54,700,000) (304,003,799 Empowermen ) ) ) t
P.1 Legal 618,000,000 - 618,000,000
- 618,000,000 - 618,000,000 Services P.2 49,500,000 (140,000,000) (90,500,000)
- 49,500,000 (140,000,000 (90,500,000) Governance, ) Legal Training and Constitutiona l Affairs P. 4 General 64,500,000 - 64,500,000
- 64,500,000 - 64,500,000 Administratio n, Planning and Support Services
P.1 Public 62,669,029 - 62,669,029
- 62,669,029 - 62,669,029 Prosecution Services
P.3 General 69,736,000 (1,000,000,000 (930,264,000)
- 69,736,000 (1,000,000,0 (930,264,000 Administratio ) 00) ) n, Planning and Support Services
P.1 General 28,335,318 - 28,335,318
- 28,335,318 - 28,335,318 Administratio n, Planning and Support Services P.2 Human (4,393,750)
P.1 Audit 70,000,000 - 70,000,000
- 70,000,000 - 70,000,000 Services
P.1 Control (19,208,194) - (19,208,194)
- (19,208,194) - (19,208,194) and Management of Public finances The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Very well. I would wish to encourage Members to familiarise themselves with that Report of the Budget and Appropriations Committee on the First Supplementary Estimates for this financial year. I am saying this because, very soon, debate on those Estimates will commence. Therefore, even as you break for your usual activities over the weekend please, carry a copy of the Supplementary Estimates to go and try to explain what is contained to those whom you represent. Next Order.
Hon. Speaker, pursuant to the provisions of Standing Order 44(2)(a), on behalf of the House Business Committee (HBC), I rise to give a Statement regarding the business appearing before the House for the week beginning Tuesday, 28th February 2017. Hon. Speaker, the HBC met on Tuesday this week at the rise of the House to prioritise the business for consideration. On Tuesday next week, we shall consider the Statute Law (Miscellaneous Amendments) Bill, 2016 and the Hydrologists Bill, 2016 at the Committee of the whole House. On the same day, scheduled for debate is the Report of the Budget and Appropriations Committee on Supplementary Estimates for the Financial Year 2016/2017 which the Chairman of the Committee has just tabled. Also, we will discuss the Special Report of the Public Investments Committee on the Duty Free Shops Contracts at the Jomo Kenyatta and Moi international airports, should we not conclude it today. Hon. Speaker, at the same time, the HBC will prioritise for the House to discuss the following Bills: (i) The Office of the County Attorney Bill (Senate Bill No.37 of 2014). (ii) The Office of the County Printer Bill (Senate Bill No.42 of 2014). The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
(iii)The Betting, Lotteries and Gaming (Amendment) Bill, 2016 for debate at the Second Reading. Finally, the HBC will reconvene on Tuesday, 28th February 2017 at the rise of the House to consider Business for the coming week. I now wish to lay the Statement on the Table of the House.
Very well. Next Order.
Order, Members, including the Member withdrawing from the Chamber! We cannot put Questions unless I confirm that the House quorate. I confirm that, with the figures given to me by the Serjeant-At-Arms, the House quorate. Therefore, I will proceed to do what is remaining about this Bill, which is to put the Question.
Next Order.
Again, debate on this Motion on the policy paper was concluded yesterday. What remains is the Question to be put and the House to make a determination. I proceed to put the Question.
Once again Hon. Members, you concluded debate. So, I proceed to do the necessary which is to put the Question.
Hon. Members, before we proceed, let me recognise the presence, in the Speaker’s Gallery and the Public Gallery, of students and pupils from the following institutions: In the Speaker’s Gallery, we have Muthale Girls High School from Kitui West Constituency, Kitui County and Egoji Teachers Training College from South Imenti Constituency, Meru County. In the Public Gallery, we have Nyahururu Elite Primary of Nyahururu in Nyandarua County; Grandstar Academy, Embakasi West, Nairobi County; Star Shake Academy, Athi River, Mavoko Constituency in Machakos County; Rwaitira Primary School, Gatanga Constituency of Murang’a County, and Gakurari Primary School, Gatanga Constituency, Murang’a County. They are all invited and welcome to observe the proceedings in the National Assembly.
The Leader of the Majority Party.
Hon. Speaker, I beg to move: THAT, pursuant to provisions of Articles 132(1)(c) and 240(7) of the Constitution, this House notes the Reports submitted by H.E. the President and laid on the Table of the House on Tuesday, 12th April 2016 on: (i) Measures Taken and Progress Achieved in the Realisation of National Values and Principles of Governance; (ii) Progress Made in Fulfilment of the International Obligations of the Republic; and, (iii)The Annual Report to Parliament on the State of National Security. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Speaker, all these documents are available at the Table Office, which Members can access. I will go one by one on all the documents tabled by the President. We need to deal with them because we expect, under the Constitution, the President to be back either in the month of March or April, looking at both his diary and the calendar of the House, to come and fulfil this year’s constitutional provisions for him to come and table similar documents. On the measures taken and the progress achieved in the realisation of national values and principles of governance, as enshrined in Article 10 of the Constitution, it is noted that these values and principles give us a sense of purpose and guide our choices and actions, which must inspire our determination as a country to build a cohesive and prosperous nation that is based on justice, freedom, equity and national unity. The Republic of Kenya is a democracy founded on the national values and principles of governance, with values that underscore our collective aspiration to transcend our ethnic, cultural and religious diversity, and for us to live in peace and unity as one indivisible nation. This is shown clearly through the establishment in the Constitution of a devolved system of government, which has continued to give us that national unity as well as the power of self-governance to the counties. Devolution has given every citizen the power to govern themselves and their resources at the county level. It also gave us the power to recognise the rights of communities to manage their own affairs and ensure an equitable distribution or sharing of national resources. Above all, the Constitution has decentralised State organs, functions and services which are brought closer to the people. The promotion of integrity, good governance and transparency and accountability was noted in the Report as key to governance. In November 2015, His Excellency the President declared corruption a threat to national security. It is only this administration, of all the administrations that we have had, that has taken the greatest role in empowering, both in terms of human capital and resources, independent institutions. They are given the powers to fight corruption. More resources have been given to the EACC, DPP, DCI and the Auditor-General. Further, all enterprises doing business with the Government must sign a business code of ethics through the Procurement Oversight Authority. His Excellency the President has ensured that all Government Ministries, departments and agencies contracts and reports on measures taken and the progress achieved every year are reported both to Parliament and to the presidency. All this is geared towards the realisation of our national values and principles of governance. The President, through Executive Order No.6 of March 2015, directed all public institutions to give priority to programmes and projects that have direct impact on the welfare of citizens. This is part of his wider agenda and the agenda of his administration in transforming the life and welfare of citizens through the implementation of programmes and operations on various tenets within Article 10 of the Constitution. The PFM Act, the Public Officers Ethics Act, the Leadership and Integrity Act and the basic tenets of corporate governance are the hallmark of this Government and the administration of President Uhuru Kenyatta. The main objective of the first part of this Report was to examine the extent to which the national values and principles of governance were actualised in public institutions that comprise constitutional commissions, independent offices, State corporations and Government Ministries. The private sector is not part of the document presented to this House by His Excellency the President. Let me go to the next report that the President tabled. That was on the progress made in the fulfilment of international obligations of the Republic. It is the first time in the history of Kenya that we have documented Kenya’s foreign policy. This was launched on the 20th January The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
2015. Now, we can stand in this House and say that today, as a country, we have Kenya’s foreign policy launched by the President and documented. On many fronts on how we relate with other countries, we have a document that can guide the Ministry of Foreign Affairs on Kenya’s foreign policy. This policy was aimed at achieving several national objectives which include, among others, the promotion of integration. How do we promote East African integration? How do we promote economic integration, political integration and social integration among the people of East Africa? The document talks about the advancement of economic prosperity of Kenya. Our engagement with other countries, both bilateral and multilateral, will be based on the economic prosperity of our nation. The document known as the ‘Kenyan Foreign Policy’ promotes multilateralism. Above all, it enhances regional peace and security. That is why we are number one, and the President has said it in both words and actions, that when we have regional peace and stability, Kenya will prosper. That is why you saw him in Mogadishu yesterday during the inauguration of the 9th President of the Federal Republic of Somalia. In his speech, he said that he was committed to ensuring that there is regional peace and stability, as well as to the war against terror in the Horn of Africa. Hon. Speaker, Kenya’s international obligation arises from the treaties and the conventions we have ratified in accordance with Article 2(6) of the Constitution, which provides that any treaty that Kenya ratifies automatically becomes part of the Kenyan Law. However, Article 94(5) vests the power of making law on Parliament. That means Parliament must sanction the ratification of any treaty for it to have the force of law. Therefore, within the reading of Article 94(5), the 11th Parliament will go into history as the first Parliament to have powers in ratifying treaties that the Executive enters into with other countries, on behalf of the people of Kenya. It is notable that Kenya joined the United Nations (UN) in December 1963 as a member of the international community. Since then, we have ratified and acceded to various international treaties and conventions, which have derived a lot of benefits for the Republic of Kenya. In the process, we assumed various international obligations. Treaties promote peaceful coexistence among nations, as the main purpose of multilateral and bilateral relations. They safeguard the common principles and values that bind the world together. Globalisation has intensified interdependence amongst nations of the world in technology, innovation, international trade and development as well as addressing transnational security challenges. As a member of several international organisations in the international system, Kenya continues to pursue her national interest first in all her engagements in the international arena, and she has a favourable international profile. Kenya’s efforts have resulted in successful multilateral engagements, leading to her becoming an attractive investment destination. The African Union Institute for Remittances is now operational and is headquartered in Nairobi, while the United Nations Environment Programme (UNEP) has been upgraded and now has a universal character with membership increasing from the previous 54 member states to the entire membership of the UN of 193 members. Kenya’s profile in the international system has been rising highly with the hosting of the 6th Tokyo International Conference on African Development (TICAD) in August 2016, the Global Partnership Summit, which was officially opened by former US President Barack Obama, and the 10th World Trade Organisation Ministerial Conference in December 2015, to mention, but a few. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Kenya has ratified 471 multilateral treaties and is party to 434 reciprocal mutual agreements. This include the Protocol for the Establishment of the East African Community, the East African Monetary Union, the African Maritime Transport Charter, the International Maritime Labour Convention of 2006, the African Youth Centre, the Doha Agreement to the Kyoto Protocol and the Beijing Amendment to the Montreal Protocol, among others. Over the years, great progress has been made both in international trade commitments and carrying out of our obligations as a country on the economic, social and political fronts. In a nutshell, the Report has the objectives of explaining the progress made in relation to our commitment of the 2015 annual reports. It outlines the measures taken in realisation of our national values and principles of governance by public institutions in 2015. Further, it provides Executive direction and commitment toward the greater achievement in the pronunciation of the national values and principle of governance. In the Forward, the President commented as follows: “There is need as a country for implementation of Sessional Paper No.9 of 2013 on National Cohesion and Integration, and Sessional Paper No.5 of 2014 on Peace Building and Conflict Management to promote peace and ethnic harmony.” Hon. Speaker, both Sessional Papers, having been brought here, have been discussed and approved. Those charged with the responsibility of implementing them have the authority in law to do so. The Government, through the President, agreed to rationalisation of budgetary allocation to ensure prudent utilisation of resources to support implementation of the two Sessional Papers to promote our national values. Above all, the President made a commitment that his Government shall put in place an inter-agency committee to ensure a peaceful electoral process before, during and after the 2017 General Election. Each one of us; the political players, the citizens and the security persons must equally make a commitment to have a peaceful election process before, during and after the forthcoming general election. The annual report to Parliament on the state of national security is sanctioned by the Section 16 of the National Security Council Act, 2012, which requires the President to give an annual report to Parliament on the state of security in Kenya. The Report is the third to be presented in this regime. The Report focuses on national security threats – both internal and external – that occur during or within the complex set of the legal, social, cultural and political contexts that will shape public safety, territorial integrity and security within the regional and international peace and security spheres.
Hon. Speaker, the country faced a range of security threats as has been well documented in the Annual Report to Parliament on the State of National Security and presented by the President. These security threats include global terrorism, radicalisation, violent extremism, corruption, cattle rustling, banditry, drug trafficking and abuse of illicit brew, food insecurity, influx of refugees and regional instability among others. Global terrorism is still with us, but in the last two years, through investment in the security sector, the threat of terrorism externally and internally has been reduced substantially.
Radicalisation is still with us. I am sure parents, leaders and the Government have a role to play in making sure that we fight the concept of radicalisation and violent extremism. Cattle rustling is one of the serious threats to the state of security in our country. It is rampant in Baringo, Pokot, Marakwet all the way to the border between Trans Mara and Narok. We had a Motion in this House this week where we agreed as leaders that we must speak to our citizens. We must stop cattle rustling. We must not use the blood of our people to aspire to political office. We must say no to cattle rustling. The heads of our security agencies cannot command the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
operations from the comfort of their offices in Nairobi. We said here that the killings in Baringo, Pokot and Marakwet must stop. This House has allocated substantial resources to the security sector, namely, our intelligence, the Kenya Police Service and others. The Constitution provides that, with the approval of this House, the State can deploy the Kenya Defence Forces (KDF).
To counter all these threats that I have enumerated, the Government has implemented a number of factors that include the establishment of an Inter-Agency Co-ordination Unit to enhance international synergy in the war against terrorism. The Government is working with our neighbours in the Horn of Africa, through the African Union Mission in Somalia (AMISOM) forces. Indeed, the Government has ensured that it works together with the governments of Ethiopia, Somalia, Djibouti and Sudan to eliminate all forms of global terrorism in our region. The other thing the Government has done to counter these threats is to enhance security vigilance within and around key strategic installations and targeted facilities. The Government has also sustained ground, aerial and maritime surveillance by the KDF. Other things it has done are the implementation of the National Counter-Radicalisation Strategy Paper and the creation of a financial reporting centre in order to analyse financial transactions. The Government is working with the law enforcement agencies to detect and prevent financial crimes within the financial sector, be it terrorism-related or drug money, and building the capacity of our security agents through the hiring of additional 10,000 police personnel annually and provision of modern equipment. As a result of this multi-sectoral intervention and Kenyans’ collaborative efforts in the national security, the country was more secured from external threats. As such, there was an increase in the number of foreign tourists and investors from our traditional partners. That gave us more resources and, therefore, growth in our economy. The local community also benefitted from improved street lighting and expanded electricity supply across the country and such provisions created a favourable and secure working environment.
Hon. Speaker, our war and commitment against drugs is very clear and no Government, since Independence, had the audacity to stop drug barons and ensure that they do not exist in our country. The President is urging all of us to understand that security is a shared responsibility and there is need for strong co-operation among all stakeholders to ensure that we realise safe and secure environments in order for us to develop socially, economically and politically. His Excellency the President has urged all actors, including the citizens of this country, to support the Government in improving the state of our security. With those remarks, I am sure I have given the necessary explanation and highlights on the three key documents tabled by the President on Tuesday, 12th April 2016 on the realisation of national values and principles of governance, the fulfilment of our international obligation and above all, the annual report to Parliament on the state of security. I beg to move and kindly ask Hon. Katoo ole Metito to second.
Hon. Katoo ole Metito, the Majority Whip.
Thank you, Hon. Speaker. I second this Motion. One of the reports this House is invited to take note of is the Measures Taken and Progress Achieved in the Realisation of National Values and the Principles of Governance. This particular Report is as a result of Article 10(2) of our Constitution, which outlines the principles as: (a) Patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people; (b) human dignity, equity, social justice, inclusiveness, equality, human rights, non- discrimination and protection of the marginalized; The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
(c) good governance, integrity, transparency and accountability; and (d) sustainable development. I am mentioning these things so that I bring to the attention of the House the fact that this is a very big report because it is trying to address all those things. We may not do justice to this Report in 10 minutes and so, I invite Members to read it in detail. Hon. Speaker, in promoting the realisation of the national values and principles of governance, the Government has initiated several measures, especially through the State Department of Interior and Co-ordination of National Government, which undertook a baseline survey on the status of national values and principles of governance. Some of the issues the survey was focusing on include measurability of the values, the level of awareness of the national values by the people of Kenya, compliance with the legal provision, enforcement mechanisms, prioritisation of values and the impact of the report that His Excellency the President tabled on the same in 2013. On measures taken and progress achieved in the realisation of national values and principle of governance, this survey informed the programmes, projects and activities which would be rolled out to implement the provisions of Article 10(2) of the Constitution. It is good to note that the Government recognises the key role played by community elders in respect to achieving national values. Community elders play a great role in dispute resolution, promotion of harmony, reconciliation, cohesion, augmenting institutional and organisational frameworks on conflict management and resolutions within the diverse ethnic, religious and racial groups residing in the country. This is a very critical role with respect to the achievement of national values because it brings cohesiveness, harmony and unity in the country. Therefore, the Government is using elders as key carriers and drivers of traditional values such as forgiveness, respect, honesty, responsibility, communication, love, team spirit, dialogue, integrity, commitment, faithfulness and loyalty, which they pass over to the youth and children. I say so because one of the challenges in the implementation of these national values is youth radicalisation. The Government is working towards the institutionalisation of the Council of Elders who are found in all communities though unfortunately, most of them come out when there are talks about politically negotiated democracy. I think they should come out at all times to bring the country together through institutionalisation of the national values. The Government is trying to institutionalise the Council of Elders from the village to the national level and to enable them effectively play their role. This has been tried using the Nyumba Kumi Initiative and more can be done to achieve this. In doing this, the Government continues to encounter various challenges such as terrorism, radicalisation of the youth, corruption and unemployment, general insecurity and ethnic clashes. The abuse of social media is key because its clients are the youth. It is very difficult to institutionalise national values and the principle of good governance when that big constituency called the youth is abusing the use of social media. We are also having advanced climatic conditions like the severe drought which has just been declared a national disaster. Such things will always bring conflict to the people of this country. I want to rush very quickly because of time. The second report is the progress made in fulfillment of the international obligations of the Republic of Kenya. The Mover has stated it very clearly that the policy was aimed at achieving several national objectives. He mentioned the need to protect Kenya’s sovereignty, territorial integrity, promotion of integration and enhancement of regional peace. What we are experiencing, not only as East Africa, but as the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Intergovernmental Authority on Development (IGAD) countries, is a threat to regional and peace integration. The policy also aims to project Kenya’s image, prestige and promote multilateralism. In the last one year, we have seen many Heads of State visiting this country from the time the report was tabled by His Excellency the President in March last year. We recorded the highest number and that has helped in projecting Kenya’s image internationally. This House has pronounced itself severally on the ratification of treaties which have been brought by the Executive, as required by the law, for them to become legal and effective. That has been part of the Executive’s work in the last one year in promoting Kenya’s multilateralism in the global world. As the Mover has put it clearly, there are some very important multilateral agreements which in the last one year, made Kenya effective and attractive. We made pronouncements on some of them including the African Union and the African Institute for Remittances (AIR) which is now operational. The United Nations Environment Programme headquarters is based in Nairobi and had 54 member countries, but now has the entire membership of the United Nations (UN) which is 193 nations. That is an achievement of the administration of President Uhuru Kenyatta in the last one year. Kenya’s profile in the international scene has continued to rise. We have hosted some of the first programmes ever held in Africa. Because of time, just allow me to, very quickly, mention the last report in which His Excellency the President, as mandated by the Constitution, provides supervisory, coordinative, integrative and oversight roles on national security. The third report contains a summary of security threats to the country and measures taken to overcome and deal with them. Some of the recommendations on how the administration intends to overcome them have been enumerated. Just add me one minute to talk about the myriad security challenges like radicalisation, violent extremism and cattle rustling. We had a Motion for Adjournment on Tuesday in this House concerning conflict caused by cattle rustling. Others are cyber threats and regional instability. I can see my time is over. I second the report.
I give the Member for Kibra an opportunity to take his seat.
Hon. Members, before I allow, naturally as mandated in the Constitution, the Leader of the Minority Party to give his address, I can see there is an intervention by the Member for Tetu.
Thank you, Hon. Speaker. My intervention is with regard to Order No.12, which is a Motion by the Departmental Committee on Defence and Foreign Relations on the Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament. We need to undertake further consultations on the same and for that reason, we wish to withdraw it from the Order Paper this afternoon.
As a Committee.
Yes, as a Committee.
Very well. Then for the orderly conduct of business, debate on the Motion appearing as Order No.12, for the reasons given by the Chair of the Departmental Committee on Defence and Foreign Relations, is withdrawn from the Order Paper, but not dropped. It is withdrawn from the Order Paper for purposes of consideration today so that after conclusion of the business appearing as Order No.11, the House will proceed to debate the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Motion appearing as Order No.13, and the sequence that follows thereafter. Business appearing as Order No.12 is removed from the Order Paper for today.
Let us have the Leader of the Minority Party, Hon. Francis Nyenze.
Thank you, Hon. Speaker, for giving me this chance to contribute to the Report by His Excellency the President on the state of national security. Security is a very broad issue. As a country, we have taken some measures and as we can now see, the President has outlined three things that he has done. On this, there is national security. Today, as I contribute to this very important statement, we have a very divided nation. Most of the divisions have been caused by politicians who make statements that polarise this country and promote tribalism. The two main parties in this National Assembly, namely, the Jubilee Party and the Coalition for Reforms and Democracy (CORD), have been competing for power. For us to get and realise security, we have to check on what we say outside there. The President has talked about sharing and devolution of power. In the Constitution of Kenya, 2010, Kenyans, in their wisdom expressed through the drafters, that they want power and resources to be shared. That is why we have the national Government and county governments. We face challenges because, although devolution has come of age and there is nothing that will stop it, today, it is under threat because of the rampant corruption in the counties. We have seen cases where governors have taken it upon themselves to loot county governments dry. We have seen in certain circumstances where the priorities of the county have led to citizens’ unrest. In my county, water is not taken seriously. We have seen diversion of resources. Devolution is under threat because of corruption by governors and staff. The President talks about the rule of law. For any country to survive, progress and move from least developed to a developing and to a developed one, we have to preserve the rule of law, so that everybody feels protected. We have heard stories of kidnappings, murder, thefts and burglaries. When those cases go to court, some take as long as 30 years to be dealt with. We have to make our judicial system efficient. The judges have to deliver on their mandate. I am now happy with the new Chief Justice and the promise he gave to Kenyans and to this National Assembly. My hope is that he will deliver by making sure that the backlog of cases is sorted early enough. The legal system has to deliver. It has to work. Whenever we talk about conflicts that have remained unresolved for a long time, we always blame the Judiciary. We say justice delayed is justice denied. We should do more than that. In the Report, the President talks about democracy. It is good that we have a working Independent Electoral and Boundaries Commission (IEBC). There are newly appointed commissioners who are acceptable to both sides. I appeal to Members that for democracy to be realised, every election has to be credible, fair and the results have to be accepted. There have to be winners and losers. We have to accept results, so that as we move forward, we do not get into a crisis where the losers say their votes were stolen or there was manipulation and they never got what they wanted.
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Hon. Speaker, in the same vein, there is the issue of human dignity.
Madam Speaker!
I am sorry, I meant Madam Temporary Deputy Speaker. I did not see the transformation and transition. I apologise. Hon. Temporary Deputy Speaker, thank you very much for accepting my apology. I am reminded by my friends on the Jubilee side that I should accept that there is Madam Speaker, who is now on the Chair. I have accepted and agreed. The President talks about social justice. We must seek to deepen social justice through welfare programmes that target the marginalised and those who come from arid and semi-arid (ASAL) areas. They suffer a lot. It is like some regions have been forgotten. They lack water. People die because of famine. For us to show good social justice, there has to be affirmative action, especially for northern Kenya, which has been neglected by many governments before. There should also be affirmative action for places like Ukambani, Coast Province and some parts of the North Rift. There must be more elaborate plans to make sure that these people also live as Kenyans. Sometimes I wonder why there has been so much conflict in the Rift Valley. Is it cattle rustling? Is there some politics to it? With regard to the issue of security in the Rift Valley, the conflict between the Pokot, Marakwet, Turkana and the people who live in that region has to be addressed. For us to get a lasting solution to this, leaders have to be involved. They have to sit down and talk. I know that however strong the army or police that we send there is, without leaders coming together and sorting the problem, it will recur.
Hon. Temporary Deputy Speaker, I believe these things are happening not only because of poverty, but also because of relying on cattle keeping as the only way of life. Also, that part of the country has been neglected for a long time. The people living there have no other means of survival other than relying on cattle. Now that there has been drought, there will be need for restocking. I request the Members of this House to sit together and come up with a blueprint to sort out this problem once and for all. The conflict in the Rift Valley is bigger than the problem of AlShabaab and if it is not checked, it will spill over and spread throughout the country.
Inequality in Kenya also fuels insecurity. Kenya has very few very rich people and very many people who cannot put food on the table. We may set up very good policies, employ very many policemen and do everything we can, but unless we create employment for the youth in those marginalised areas, we may not realise peace in those areas. We need to allocate more money for education and develop infrastructure in those areas. I have read in newspapers about activities by some leaders which have not borne a lot of results.
National security touches on so many things. We have to encourage our law enforcement officers like policemen and the army that we send to restore peace and stability in those regions. We need to implement police reforms, so that police can have good houses and good pay to motivate them to curb insecurity.
We are also faced with terrorism. I am happy we have not been hit for quite some time now. I thank the Ministry of Interior and Co-ordination of National Government and the security apparatus for securing peace for Kenyans because we have not had an incident. But they should not sleep on their laurels. They should be alert knowing that terrorism can take place any time any place. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Issues of radicalism and extreme violence are witnessed in parts of the coastal region of this country. It is also good to check what is taught in schools and madrassas. It is possible that wrong values are being imparted into young children and so, they are likely to grow up learning the wrong things.
Insecurity is also fuelled by corruption. We have to admit that corruption has permeated all sectors of this country including the National Assembly. Once we accept that corruption is everywhere, we will get guts to fight it. It starts with me and you. If there is no corruption and things are done the way they should be, I am sure we will realise security.
Last, but not least, cattle rustling is a business. I understand there are people who thrive on it. Senior people in this country encourage it by buying guns for some groups. Imagine if your children are killed. This thing has to be fought by leaders from this House and from all the communities. Investigations should be done. Let there be a select committee to sit and investigate the masters behind cattle rustling. We have lost many people in this country under the guise of cattle rustling. There must be a beneficiary somewhere. We should smoke them out.
With those few remarks, this is a good Report.
(Hon. (Ms.) Shebesh): Thank you, Hon. Member. I now give the Floor to the Member for Igembe North, Hon. M’eruaki. Is he here?
Thank you, Hon. Temporary Deputy Speaker. I rise to note this Report by His Excellency the President regarding various issues. It outlines the measures taken and progress achieved in the realisation of national values and principles of governance. It is important to note that our values as a country are enshrined in Article 10 of the Constitution. This is an important thing. As a nation, we have a long way to go in ensuring that values and principles of governance become real. We have all these values and principles properly written and documented in our Constitution, but sometimes I also get concerned that despite all these good writings, the reality on the ground is different. Much of these things are not applied in the real sense. I believe that this is what we ought to do because it is written. We are also in the process of curriculum development. In my opinion, it is high time Kenyans embraced values that guide us. The values and principles bring us together as a nation. It is good they have been enshrined in the Constitution and it is demanded of the President to give a Report to this House regarding their implementation. At the end of the day, it is a question of every citizen taking responsibility for the kind of country we want to have. The reality in this country is that Kenyans forget about nationhood and when they are given responsibilities and opportunities, it becomes a challenge. Corruption is a big problem in our country. Everybody condemns it, but at the same time, it is in the psyche of Kenyans that there is nothing for nothing. We are now in the electioneering period and you know what is happening in the villages as people go around campaigning. We have to do more on ethics and values than just having things written on paper. Kenyans needs to know that every member of the society should take responsibility. We have seen attempts by the President and the Government to follow the Jubilee manifesto. By the end of the day, the question is to what extent we are going to pick these things from books to action or from written word to practise. How do we practise them? I believe we should enshrine the values in our curriculum, within our teaching at the formative stages of our people, so that we can look at the things that make a person. How do we make Kenya a country governed by correct values and principles which are not only written, but followed and guiding all our operations? The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
I also note the fulfilment of international obligations by the Republic of Kenya. As per the Report, we realise that Kenya is making great strides in terms of fulfilment of international obligations. We also have the Kenyan foreign policy that looks at the protection of Kenyan sovereignty and territorial integrity. It is looking at the question of promoting integration, enhancing regional peace and security, advancing the economic prosperity of Kenya and the Kenyan image and prestige. This, to a large extent, means that our President, through this policy and also his involvement as the first diplomat of Kenya, we have made serious strides in terms of promoting the Kenyan image abroad. In the last few years, we have seen improvement of the Kenyan image abroad. We have seen this country hosting important global leaders. Many global leaders have visited Kenya in the last two or three years, for example, the immediate former President of the USA, the head of the Catholic Church and other world leaders have come here. I believe this is part of the good image of Kenya abroad. Kenya has hosted some very important conferences and conventions and all this has gone well. Despite all this good effort, we have had some setbacks. Just recently during the election of the chairperson of the African Union (AU), we lost. That is a reason for us, as a republic, to ask ourselves why we our neighbours, who purport to be our friends, stab us in the back when it comes to particular moments when we need their support. It is our neighbours who made our foreign affairs Cabinet Secretary, Ambassador Amina, to miss the opportunity to be the chair of the AU. This is a question we have to ask ourselves. What is it and why did it happen? What is it that we are not doing right or what interests are there? We are also aware that between nations, it is not a question of friendship, but about interests. What are our interests as a people? What is the interest of the other nations? I would also like to note the issue of security. As a nation, we have had some improvement in that sector although it is still a big challenge especially in Pokot. What happens in this Republic is a shame. When you are in the year of election, then several areas in Pokot experience serious or continuous incidences of cattle rustling, it is a national shame. After all these years of Independence, we still have some areas in our country where citizens rely on robbery with violence as a way of livelihood. Cattle rustlers are people who go robbing other people with guns as if it is business as usual. These incidences have occurred even within my constituency of Igembe and our neighbours. You wonder where 20 or 100 head of cattle go when they are driven away. You also wonder how this kind of stock can be traced to the neighbours and then disappear. Something more serious must be done. Communities that thrive in this bad practice must be deterred and we must go to the root cause of the menace. It may be connected with either neglect or insecurity of the people. This must be looked into. It is high time this House strengthened the pieces of legislation that would make it possible to curb insecurity in this Republic, so that all communities live dignified lives. There is no dignity in stealing, taking or destroying the livelihood of other people. With this, I note this Report. It is the responsibility of every Kenyan to make all this work. It is not only the responsibility of the President, but everybody including Members of Parliament.
(Hon. (Ms.) Shebesh): Hon. Members, I now give the Floor to Member for Nambale, Hon. Bunyasi.
Thank you, Hon. Temporary Deputy Speaker. I rise to make a contribution to these reports that are on the Floor today. No nation exists in isolation. Nations, like families, need to exist harmoniously with each other, so that they can achieve the common The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
good for mankind. I take note particularly on the Report on national security that I have had a chance to look at and I realise that the Government has many initiatives. Some of them do not as coherently put Kenya in the field as is put in the Report, but certainly, there is an attempt in each of these areas. However, there are some lingering issues that have not abated and it important that we looked at them. On the issue around petty insecurity, terrorism and corruption, unfortunately, these are issues that go to individual households of this Republic and there are issues even in the village. Even if you do not read newspapers or listen to Parliament, these are issues that they feel every day. If this had been tackled, there is no doubt they would, if they were sufficiently contained, lead to greater quality of life than is being experienced now. Governments exist to, through joint effort, deal with these kinds of issues. These are not issues that you can throw back to the citizens to individually take care of. That is why they have collectively allowed governments to function as a compact between them and the Government on their individual behalf, acting collectively, so that the citizens do not face insecurity. First, I want to comment on the insecurity chain. There are all kinds of aspects that are not working well. Clearly, there seems to be no quality coordination between citizens and the police service. Police service tends to be callous, overbearing and that makes it extremely difficult for them to extract accurate information that will help them to contain situations of this nature. These are aspects that the chain of security administration along the line in all aspects, from informers to county bosses to police station bosses, should crack down on the poor quality of services particularly offered by police. The net result is that citizens withdraw their cooperation. You do not know what is going on and by the time you get to know it, it is late. Therefore, you cannot have counter measures that would improve the quality of life at that level in the security chain. As it gets higher, there are issues where virtually you have to buy security. If you have some influence, we listen to you. If you do not, you are dismissed outright. When you break these problems down to the general dimensions of it, you would find that crimes that are related to gender violence, women and issues that affect women more than men against the poor are not as well taken care of. These little things accumulate at the national level such that when you look at the measures that have been put in place here, which are all modern, their effect on the ground is reduced. Secondly, I would like to talk about terrorism and counter-terrorism. Terrorism manifests itself in different ways. People can even connive to harm our citizens. They can be outsiders or from within. Terrorism seems to be thriving because it is floating in a sea of money. When tackling terrorism, it is important to carefully think about issues related to the way our funds flow around the economy, whether through our institutions or outside. These things do not need rocket science because if people are living beyond their means, the Government should understand why. Are these funds generated through a system that pays taxes, which means you can track some of it in the modern economy, or are they generated in a huge unknown informal economy that has billions of shillings? Money circulating outside the formal financial system can contribute to insecurity by virtue of the fact that it is moving untracked and no one knows who is holding it at what point. It is important to look at those aspects. I would like to comment on corruption. Frequently, corruption hits the headlines when huge sums of money have been lost by public servants. Corruption starts at the grassroots, and even ordinary people on the streets say that it is not wrong to bribe to get services. When we allow these things to harden the base core, they accumulate to the national level and we have The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
impunity. With impunity, people disregard the law and the fight against corruption becomes a real problem in future. Within our region, the indexes that are published by institutions like Transparency International (TI), have rated us low. There are countries within the region that are doing better than us. If we measure ourselves against the global scale, we are doing badly. We need a complete dedication to crack down corruption at all levels of our society, including the lowest levels, where the impact is greatest. We are discussing a report that was brought to us in March, 2016. This tells us that we have a low level of emphasis on these issues. We have taken nearly 10 months to discuss the Report. The issues in this Report should have been discussed when they were still hot. It will be of no effect if issues discussed here do not affect the people, particularly public servants. Parliament debates many issues, but we have a problem on implementation. We must tackle these issues if we hope to build a peaceful democracy. We are nearly getting paralysed with these issues. We think that we cannot do anything, and we struggle to float in a sea of difficulties. There should be a recommitment and a fresh and energised approach to completely tackle these issues. There are factors across the board, including age groups, regions, political groups and demographics. These issues cannot be assigned to one corner, but they squarely belong with the Government. Governments exist collectively for that purpose. I would like to comment on Kenya’s international relations. Recently, during the African Union Commission (AUC) elections, we suffered a setback. In every election, there is a winner and a loser, but the fact that our neighbours did not support us should teach us something. There should be serious introspection by the Ministry of Foreign Affairs and the presidency to try and understand why we got it so wrong. The public narrative that came out was as if it was a sure case when it was not. We should get a firm statement from the President, using the campaign of our Cabinet Secretary for Foreign Affairs, to explain what went wrong as a way of redefining our study in international relations. In 1970s, Kenya being a young nation then was highly respected. We would not have had these UN agencies coming here if Kenya was considered a banana republic. We should look at it from the perspective that it affects the quality of lives of our people and the image of our country. It should not be demeaned and reduced to partisan discussions. Kenya has a chance of succeeding because it has a huge manpower of educated people with a good Constitution that brought democracy. As it is, we are going down.
Thank you.
(Hon. (Ms.) Shebesh): I now give the Floor to the Member for Gatanga, Hon. Njuguna.
Thank you, Hon. Temporary Deputy Speaker. I rise to support the Motion. This country has undergone substantial reforms in law, institutions and policy. The climax of it all was the promulgation of the new Constitution. In overhauling our old Constitution, we brought forward new institutions and policies, and we thought we had found the answers to the many questions that we had. This Motion talks about national values and principles. It looks like we are admitting that you can have reforms in law, institutions and policy, but still lack answers. We need to have a clear meaning of ‘national values and ‘principles’. By drawing parallelism, we ask what defines a Christian. Which of the values that I cherish make me a Christian as opposed to a Muslim or a Buddhist? Is it the Ten Commandments or the belief that for you to see God, you must go through Jesus? As you carry The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
out your duties, as a public servant, there should be a measure of patriotism, inclusivity, public participation and democratic ideals. If you do not believe in those values, even if you have the law and you reform institutions, you cannot deliver. Devolution has been realised in this country, but to what extent has it delivered the desired ideals or objectives? We are saying that we have a problem in the implementation of devolution because the idea was to devolve resources to the grassroots, but have we done that? Communities should not say that they are marginalised because public resources have been devolved. The question is whether those resources have been devolved to the grassroots. If they have not been devolved to the grassroots, then, we have a problem with Article 10 of the Constitution on the national values and principles of governance. If we are talking about the principle of transparency and accountability in our public servants and then we are talking about corruption - which is one of the challenges in this country – then, have we embraced these national values and principles? Do we believe in them? I remember one speech His Excellency President gave on the list of allegations of corruption in this country. That is an admission that in terms of transparency and accountability, it is still very evasive in this country. My submission to this House is that there is a problem of implementation and this Article should be read together with Chapter Six of our Constitution on leadership and integrity. Until we operationalise Chapter Six to the letter and spirit of our Constitution, national values and principles shall still remain elusive in this country. They are there in black and white, but we do not believe and have faith in them. We do not believe in the ideals of these principles. Perhaps what is lacking here is leadership. As the Member for Gatanga, I am saying that unless we operationalise Chapter Six of the Constitution on leadership and integrity, national values and principles in Article 10(2) of our Constitution will still remain elusive.
I think the Leadership and Integrity Act 2012 should be repealed and we come up with a new law that will implement Chapter Six of the Constitution without fear or favour. The problem is not the absence of the law or the ideals in the law. We have had substantial reforms in law, institutions and policy, but the problem is leadership as expected in Chapter Six of our Constitution. I think for us to realise the national values and principles as per the spirit of the Constitution, we should revisit Chapter Six and implement that chapter without fear or favour. I rest my case.
(Hon. (Ms.) Shebesh): I now give the Floor to the Member for Siaya, Hon. Christine Ombaka.
Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity. This is a very important Motion that deals with the national values and principles of governance. When you talk about values, so many things come to my mind. They are things that guide us to be members of the human community. The values that human beings are expected to have are like honesty, kindness, supporting one another, being Kenyans and being people who live in peace, love and unity, so that we can relate with each other in society. When you look at them, you do not see this happening. Right from the top leadership to the lowest level of leadership, you can see that we do not have any values in this country. We are not honest people in Kenya. That is why there is a lot of theft, killings and bad things that happen to women, children and everybody. It is a society that is really languishing in violence. It is a society that has been rated worldwide as having a huge rate of police killings and extrajudicial killings. I have just been reading a small article in my phone which says that Kenya is leading in extrajudicial killings in the whole of Africa where 122 out of 177 crimes that are committed in The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Africa happen in Kenya. That means that Kenya is a very violent society that has no respect for peace, love and caring for each other. If the police system, which is supposed to protect us, is actually killing people, then we have lost the kind of values that we should have. We really are unsafe. We are people who discriminate against each other. There is no nationhood among us. There are no values that we admire in our country because we are not a united nation where people speak for each other. We bring down one another. We play politics of kumalizana and that kind of thing where you must attack and bring down somebody. There is no love and unity that we used to see when we were little children. Those days, the leaders brought the nation together, but today, leaders are fighting in public. They abuse each other. Leaders are accused of corruption and killing. What sort of values are these if we are going to promote our national values and principles for good governance that we speak about? The country is polluted with so much violence and stealing. That is why we cannot forget the many corruption deals that we have seen in the past. We have the National Youth Service (NYS) corruption deals, the Eurobond and many others and we do not see anybody taking action against the culprits of these economic crimes. Names are mentioned, but there is no system that deals with these problems. Economic crimes should be acted upon. We have laws that should arrest, investigate, imprison and punish criminals that are involved in various forms of crimes, but the system seems to be failing because we are getting more disappointed that there is no action being taken. This means that we do not have systems or institutions that can arrest some of these behaviours such that we can talk of values. We really do not have values. Look at what is happening. Doctors have been on strike for more than 80 days. People are dying. They are sick. In yesterday’s newspapers, you saw children dying yet nobody is taking any action. Nobody is sympathetic to what is happening and no action is being taken by the various institutions to ensure that the problem of doctors is sorted out. We should have a system to deal with these evils. We just watch helplessly as people steal money for children, people living with disabilities, women and the youth. We must emphasise the areas that require proper values. What values do we have when we watch children die, when children and women are raped in the streets, when boys and girls do not have proper education and are jobless? What are we doing as a nation? What are our values about education? Why do we have so many children dropping out of school? What are we doing about that? These are the values that I cherish. These are the things that I feel must be addressed. We are talking about an education system that should bring in certain values, but within the school system, you find teachers not being paid and children going hungry and we are talking about good education. What is good education when children go without eating? We must talk about values that can sustain human nature and keep us alive to enjoy human life. We are not enjoying anything. We are sick all the time and the doctors are not there. We are going to school, but the teachers are not there. We are looking for jobs, but there is joblessness. What values are we talking about? I am looking for ways in which Kenya will have values. We really do not. Nobody is leading this nation towards these values. We talk loudly every day in newspapers and television, but the language we use does not promote friendship, love or living together as a nation.
All the time, we talk about tribalism, ethnicity and terrorism. In this country, we use the language of violence. We need to have values such as love and peace among ourselves and the Government should help in promoting these values. However, the Government is watching helplessly. It cannot do anything. That is why we are where are. When we are rated amongst The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
other nations that have values and good governance, we are at the bottom of the list. There is no way we will be anywhere. If you talk about extrajudicial killings that I have just referred to, 122 out of 177 crimes committed in Africa happen in Kenya. The whole of Africa is not at peace. We are at war with each other and Kenya is leading. Kenya is the one with the worst indexes of all kinds of crimes that are committed today.
In conclusion, I just want to say that we still need time to address the challenges that we have in terms of leadership and good governance. We cannot trust the Government anymore when we see crimes committed and it is helpless. When the President cannot even address corruption and he gives up, then, we have lost the war. We have lost the values that we aspired to have in the Constitution. We need values and they must be part of our attitude towards our relationships with one another. It is part of the practices that we should engage with as leaders and citizens of this country. We have lacked values because there are no role models in the country. We do not have leaders who role model others and help us to enjoy the kind of values that human race is expected to have. We are completely on the opposite side and we are sinking day by day.
Thank you for giving me this opportunity. I support what we are discussing.
(Hon. (Ms.) Shebesh): Thank you, Hon. Member. I now give the Floor to the Member for Meru, Hon. Florence Kajuju.
Thank you, Hon. Temporary Deputy Speaker. I take this opportunity to congratulate His Excellency the President on the Report he brought to this House. I know measures have taken and progress has been achieved in the realisation of national values and principals of governance. These principles are entrenched in Article 10 of our Constitution. I must admit that they are very important principles that must be followed and adhered to for any Government to have stability to lead, be sanctified to be with the people and give them services. I am particularly concerned about various issues that were raised by the President in terms of principles of governance. As Chair of the Departmental Committee on Regional Integration, I am delighted to note that when our President was the Chairman of the East African Community (EAC), we ensured that various pillars of the EAC were met and ratified. One of the pillars was the Monitory Union Protocol and the Common Markets. These are values that are entrenched in the integration process. I can state with confidence that when our President was the Chair, he ensured that matters integration happened and the EAC has come together. I just hope that we will move towards getting to understand our next step in as far as the Political Federation is concerned and whether we, as East Africans, will move as one people towards one destiny.
In our Constitution, we talk about principles of equity and the rule of law and matters of gender equality. This House was expected to have satisfied the constitutional requirements of the two-thirds gender rule, but I note with concern that much as the President lobbied Members of this Parliament to ensure that we pass the law that would have seen the 12th Parliament comply with the two-thirds gender rule, that never came to be. I congratulate the women Members of this Parliament, namely, the National Assembly and the Senate, for doing all they could to ensure that a Bill was passed to ensure compliance of the two- thirds gender rule, even though it never came to pass. As late as this week, that Bill was defeated in the Senate. It is unfortunate, disappointing and failure on our part. I only pray and believe that it is going to happen. There has not been any amendment to the Constitution that then stops that law from being adhered to.
I, therefore, pray that the two-thirds gender rule will be realised at some point much as the timelines have already been overtaken by events. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
I also take this opportunity to thank His Excellency President Uhuru Kenyatta for ensuring that women representatives in this House finally get an allocation that is known as the National Government Affirmative Action Fund. We fought a very big battle to ensure that we get a fund from the date we joined this Parliament in 2013. We have been trying to persuade this House to give the Women Representatives a fund and through the persuasion of His Excellency the President and the Deputy President, Women Representatives can finally afford a smile especially now that we are about to go to elections. We shall ensure that we implement the pledges we made to our electorate as far as table banking, support for vulnerable children in our community with bursaries and provision of other social facilities in our communities are concerned. I believe our Kenyans will look at Women Representatives in a different way in terms of provision of services because we were given this opportunity to lead Kenyans. I came to understand that it is very difficult for an elected leader to offer services without a fund. Now we can afford a smile. I can see the Temporary Deputy Speaker is also smiling because finally we can offer services to our people through the NGAF. Through this, I believe 100 per cent of the Women Representatives will be re-elected to the 12th Parliament. I thank the President, the Deputy President and Members of this House for that favour and for passing that Fund. I call it a favour because if it was left to other people, it would not have passed. It took the goodwill and the faith the President has in the women of Kenya for him to allow us to have this Fund. I thank him. I hope he is watching me and he is going to talk of me when the right time comes.
It is through this Parliament that we have seen the realisation of the digital literacy programme. I have attended functions in my county where we have supplied tablets to children in Class One to ensure that they are digitised. We can agree, as per the manifesto of the Jubilee Party, that we are going to be digital and not analogue. I thank the President and persuade him that this programme should continue. I have seen our children being very excited that finally they have received iPads and tablets and they are making use of it. Whether it is in the village or in urban areas, they can afford a smile for using the tablets. Because of this Digital Literacy Programme, the Rural Electrification Authority (REA) has been able to install electricity in most of our schools, even in the rural areas. I believe the Government is going to ensure this has been done and all schools are supplied with laptops. Hon. Temporary Deputy Speaker, I also take this opportunity to thank the Judiciary. It is another arm of Government that is very important in matters of access to justice and provision of justice and the rule of law. We are required by law to ensure that in every county there is a High Court that is served by a judge. I thank the Judiciary because they have really tried to ensure there is a judge in every High Court but, I also say that justice in Kenya is not cheap. For one to access justice you must pay dearly but I agree that in the Constitution, we have Article 22 that allows a person, who is a pauper or someone who does not have money, to file proceedings in court and proceed without payment of filing fees or any other fees. That allows people to access justice where, in any other case, they would not be able to pay the filing fees or even have the legal fees paid by such persons in society. I am concerned by the current strike. I note that in the Presidential Address he talked about provision of health services. We know that there is a strike. We know there are negotiations that are going on. I request that the Chairperson, my sister madam Kagwiria Mbogori and the Law Society of Kenya (LSK) where I am still a member, to ensure that this strike does not continue. It is very important that this issue is settled and our doctors return to work. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
I, therefore, thank His Excellency the President for this Address. We are on the right path, as the Jubilee Government. Thank you, Hon. Temporary Deputy Speaker.
(Hon. (Ms.) Shebesh): Okay, Hon. Members. I now give the Floor to Member for Kimilili, Hon. Murunga. Is he in the House?
Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity to add my voice to this very important Motion. The President gave us this speech almost a year ago. It would have made a lot of sense if this had been brought up immediately the President gave the speech. In his address, he had outlined many things in this country that are currently bedevilling us, for example, insecurity. The security apparatus in this country have let us down seriously. They do not seem to take their work seriously. More than twice, we have had to halt debate because of the security situation in Baringo where people are being murdered by thugs who have decided to take on peaceful citizens, steal their animals and, terrorise them. They spend sleepless nights unnecessarily yet the Chief of Security comes from that area and the Chairman of the Departmental Committee on Administration and National Security too comes from the area. We do not seem to have anything that seems to be taking place to end that insecurity in Baringo. Parliament and parliamentarians have been urging the security apparatus in this country to take action against people who are terrorising others in Baringo but nothing seems to be done. Today, I would like to add my voice and urge the people concerned with security in this country to take up this matter more seriously and end this insecurity in Baringo. People are dying and nothing seems to be taking place. As people in this country, we would like to embrace peace. Peace has been our cornerstone for a long time. If people in one area are not being guarded, we should be blaming the security apparatus. I would like to commend the President for his work in this country. He has actually done his level best but some areas of concern that should be addressed are insecurity in the country. Currently, we have a serious problem in as far as food is concerned and we have a lot of land in this country. It can be cultivated to produce enough food which can feed this country. Therefore, we should invest in agriculture on a more serious note so that we produce enough food which can feed the population of this country without us resulting to things like having to import food from countries like South Africa or elsewhere, even European countries, yet we have a wonderful country and beautiful weather. We can produce enough food without unnecessarily going to these countries to import food. All we need to do is to improve on our water reservoirs which can be done very easily and inexpensively but, we are not doing some of these projects because of things like corruption. Whenever contracts are given out, you find that the cost of doing that work has been inflated to the extent that nobody is able to do the work effectively or to achieve things like water pans or water ponds which, in turn, will give water or do irrigation on some of these farms so that food is produced at reasonable cost. So, corruption is one area that must be addressed. It cannot be addressed by the President alone. The entire population of this country is supposed to condemn corruption and it can only end if we all agree to stop thieving from Government coffers and other coffers in this country. You will find that we blame people like the police for corruption yet we, the people in this country, are the ones encouraging that corruption on the roads. Recently, a matatu being chased by the National Transport and Safety Authority (NTSA) caused a very serious accident around Mumias. The NTSA officers were simply chasing this matatu to nab them so that they could get The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
something without caring that while they were driving at such speeds on the roads, they would cause unnecessary accidents. They ended up causing a very serious accident. An officer who was driving peacefully on the road was involved in a very serious accident. That is an arm of Government that is supposed to be helping the country in making sure our roads are safe. They are the ones now involved in causing mayhem on our roads. These are some of the things that we, as a people, must be looking at. We should not just blame the police without really looking into what is going on in other areas. So if we have to stop corruption, let us check our own selves and ensure that we know what we are doing about corruption. We might be involved in corruption in a small way but, remember that corruption could culminate into worse problems for our country. This is something that we, as the people of this country, should be looking at to ensure that this thing is stopped. Our President has been under siege on various issues in this country but at one time he asked what he can do as a person. Indeed, he was not giving up in ensuring that corruption ends in this country but he was only pleading with Kenyans that: “Please, help me to end corruption in this country.” It is something that is at runaway levels. We, as citizens of this country, let us come together and end this unnecessary corruption. For example, if you are in Nairobi and you go downtown you find that matatus have taken all the streets and they are driven in all directions. They have been licensed to do that. Nobody is bothered. If you ask the County Government of Nairobi City, nobody is prepared to tell you why matatus are doing whatever they are doing. Motorcycle riders are also causing similar mayhem. So, some of these are things that we as people of this country should sit down and evaluate what we are doing and what we are up to. With that, I am pleading with my colleagues in this House and Kenyans in general: Let us undertake whatever we are undertaking in this country in a manner that is peaceful, legal so that this country can prosper to our advantage. Thank you, Hon. Temporary Deputy Speaker.
(Hon. (Ms.) Shebesh): I now give the Floor to the Member for Westlands, Hon. Tim Wanyonyi.
Thank you, Hon. Temporary Deputy Speaker, for giving me a chance to also contribute to this Motion. When we talk about national values and principles of governance, Article 10 of our Constitution says national values and principles of governance bind all State organs, State officers and public officers and all persons whenever any of them applies or interprets the Constitution; enacts, applies or interprets any law; and makes or implements public policy and decisions. These are the words enshrined in our Constitution. Article 10(2) of the Constitution gives the principles of governance, which include patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people. Mwalimu Julius Nyerere used to refer to our society as “man eat man society” because we are involved in a cut-throat competition that does not add value to anything. We are trying to get rich at a faster pace than even our resources can sustain. People are given a chance to serve and they get down getting rich instead of being servant leaders. Jesus said that when you want to be a leader you must be a servant. That is what is lacking in our country. We see every day, even somebody who graduates from university today wants to drive a big car, own a good home – he wants to do big things. This is what is eating into our moral fabric. We do not care anymore. Your neighbour is dying of hunger. Right now we are seeing cattle rustling, people being executed, people who just do not care about anything. We must also take moral responsibility as a nation. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
We should stop pointing fingers in one direction and say, yes, we have leadership and governance. We must also have moral values as a society. We must look outside-inside ourselves and say where we went wrong as a country, society and people, so that we start re-examining ourselves to see where we can correct and move forward. Why do we elect leaders and start complaining? Leaders are elected by the people of this country. They do not just arrive where they are. They come out. At that time, people whom we know very well in the society, we know what they stand for, you find them being elected to positions of leadership. What do you expect? You do not expect miracles. During the time of Jesus, he multiplied bread and gave it to his disciples and asked them to distribute to people. They did it free of charge and there was leftover. Today, our people who are given a chance to distribute the public bread take it for their personal benefit. They are filling their own stomachs and forgetting to feed the people. That is why we have hunger in our country. That is why there is no sustainable development in our country. There is skewed development. We find that today we are talking about distribution of national resources that is not equitable and is not being given at the rate that it should be. Some parts of the country are left behind and some parts of the country are developed. Why do we fight? Everybody wants to be president of this country because when I am in that position then our people will eat. When you are a president you are supposed to serve everybody, not only to serve a certain section of the public. When you are elected by the people of Kenya to become the Head of State, you are the President of everybody, not just those who elected; those who elected and those who did not elect you. That is what it means to have moral values. We must always rise up. When you are in a position of leadership, you rise above your party; you rise above your sectarianism and become the leader of the section you have been elected to lead. This is what we are looking for as a country. We must always, as one of the great American presidents said, ask not what your country has done for you but what you have done for your country. We are looking at ourselves as a country. When we complain about corruption, when we complain about hunger, these things do not just fall from heaven. We know we have seasons in this country. There are seasons when we have rains, there are seasons when there is drought, and there are seasons for harvest. All these things come and we know it, but we keep on looking and saying---Today everybody is crying saying we must raise money to go and save our brothers who are starving. What is wrong with us? Why are we not planning ahead? We know very well that we must always look to know how we can be prepared for any eventualities that may come our way. Still looking at this leadership and governance, we talk about human dignity, equity, social justice and inclusiveness. All these are lacking in this country. We find that even jobs are distributed in a skewed manner, not just at the national Government, even at the county governments. Hon. Temporary Deputy Speaker, people are given jobs depending on how they relate with those in authority. It is relatives, boyfriends/girlfriends and such relations that determine whether one gets a job or not. These are some of the things that destroy our society. If we employ people on basis of merit, we can ensure that our country moves forward. Many Kenyans are employed abroad. If you go to South Africa, the workforce in Botswana mainly comprises of Kenyans. Some Kenyan doctors work in Europe and in many other parts of the world. I believe that all of us can contribute towards making our country great again. All the party leaders are running up and down in preparation for the general elections. They are trying to see which candidate is suitable for which elective positions. They should not settle for people from their The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
tribes. They should settle for Kenyans who qualify for the jobs, and who stand better chances of serving the country better. That is what we should look at as we choose our candidates. I am sure the drafters of the new Constitution thought about this when they drafted this Chapter. Whenever the President addresses the nation, he tries to address these issues. However, we expect more than that because as the Head of State, he stands above all heads. He is the first among equals. Therefore, he must provide what Kenyans are looking for. With those remarks, I support because we must live our talk.
(Hon. (Ms.) Shebesh): Thank you, Hon. Member. I now give the Floor to the Member for Jomvu, Hon. Twalib.
Ahsante sana, Bi. Naibu Spika wa Muda kwa kunipatia nafasi hii nami niweze kuizungumzia Ripoti ya Rais. Ninaiunga mkono Ripoti hii. Ninakubaliana na Rais kwamba watu wote wanatakiwa kuishi kwa umoja. Usalama wa nchi huadhirika kwa njia nyingi. Ndiposa tunazungumzia usalama juu ya lishe bora. Tunazungumzia usalama juu ya elimu. Pia tunazungumzia usalama juu ya uadui wa nje na ndani ya nchi. Bi. Naibu Spika wa Muda, juzi wewe ulikuwa mkali sana ulipokuwa ukizungumzia hali ilivyokuwa kule Baringo. Bado, pia tunasema vilevile; kwamba, ni jukumu la viongozi walioteuliwa katika sehemu zile kuona jinsi watakavyowajibika ili kudumisha usalama katika maeneo yao, wakishirikiana na viongozi wengine. Hata hivyo, kunyoosha kidole cha lawama kwa mtu mmoja haiwezekani kwa sababu Rais pekee hawezi kupigana vita hivi pasipo na ushirikiano. Baadhi ya watu katika nchi hii tunaona kuwa mambo mengi ambayo yanasababisha shida ni kusahaulika kwa baadhi ya sehemu za nchi hii tunapoweka miundo musingi muhimu. Mhe. Nyenze alizungumzia shida za maji katika sehemu kadhaa za Kenya. Mimi leo ninazungumza kwa uchungu kwa sababu katika eneo langu la Jomvu, katika Kaunti ya Mombasa, muda huu wote kuanzi wakati tulipopata Uhuru, mwananchi kupata maji ni kama kuona dhahabu. Katika sehemu nyingi watu hupigana vita vya wenyewe kwa wenyewe kwa ajili ya uhaba wa maji. Maji ni bidhaa adimu. Watu hupigana kwa ajili ya maji ndiyo wanyama wao waweze kupata maji ya kunywa na wao wenyewe waweze kupata maji yatakayowawezesha kujikimu. Je, inakuwaje binadamu anakosa maji katika sehemu anakoishi? Ninazumgumza nikiwa Mbunge. Mbali na kuiunga mkono taarifa ya Rais, kuna vitengo kadhaa, kama vile Coast Water Services Board na Mombasa Water and Sewerage Company, ambavyo viko katika Serikali ya Taifa. Tukiangalia, kuna ufadhili mkubwa sana ambao ulipatikana kutoka World Bank ili kuweza kupitisha mabomba kutoka chemichemi ya Mzima Spring kuleta maji mpaka sehemu za Mombasa, lakini mpaka leo tunayaona mabomba yale yakitembea barabarani. Yamekuwa mabomba ya rangi ya kibichi. Yamekaa sana, hakuna kazi yoyote ambayo imefanyika katika muda wa mwaka mmoja na nusu kufikia sasa ilhali hali haijabadilika na watu wanaendelea kupata shida. Ninamsihi Mhe. Rais kwamba tulifuatilie jukumu hili muhimu ili tuweze kuona kwamba wananchi wanaweza kupata bidhaa hii adimu. Ni muhimu Serikali ishughulikie hali hii kwa sababu wananchi wanaendelea kuumia. Hatuwezi kuumauma maneno tukisema kwamba kila kitu kiko sawa ilhali mambo mengine hayako sawa. Ni muhimu tuwajibike na kuona kwamba maji yanapatikana katika sehemu zetu. Nikiwa kwenye Bunge la Taifa, ninataka ninukuliwe nikisema kwamba hali hii imenitamausha mimi binafsi nikiwa Mbunge wa Jomvu. Ninaisihi Serikali tushirikiane pamoja ili maeneo ya Miritini, Jomvu Kuu na Mikindani yaweze kupata maji ndiyo wakazi wa sehemu zile waweze kuishi vizuri. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Ninamuona Mhe. Sakaja akipiga chini vizuri kwa kuashiria kuwa anakubaliana nami kwa sababu mkwewe na mke wake wanatoka Miritini, ambayo iko katika sehemu yangu ya uwakilishi Bungeni. Leo mama mkwe wa Mhe. Sakaja hana maji. Kwa hivyo, ninataka Serikali ya Mhe. Uhuru Kenyatta ijue kwamba mimi niliyoko katika muungano wa National Super Alliance (NASA), ambao imeshanaswa; na ndugu yangu Mhe. Sakaja, ambaye yuko katika muungano wa Jubilee, sote tunapata shida katika sehemu hiyo. Ninaomba Rais aingilie kati aone jinsi wananchi watakavyoweza kupata maji. Mwisho, ufisadi hauwezi kuisha ikiwa vita hivi tutamwachia Rais pekee. Ni lazima tupigane vita hivi pamoja. Ni lazima tushirikiane. Tusingojee kumumwagia Rais lawama na kusema ameshindwa kumaliza ufisadi. Hatuwezi kusema Rais amefeli kama mwenye kupewa na mwenye kuchukua hongo hawatashirikiana kwenya kitendo cha ufisadi. Kwa hivyo, ni lazima tuhakikishe kwamba tunaidhibiti hali hii pamoja; kama kunavyofanywa katika nchi nyingine, ambako ufisadi ni kama donda sugu ambalo haliwezi kukubalika. Nilitembea katika nchi ya Rwanda, ambako mambo ya ukabila hayaruhusiwi kabisa. Katika nchi ya Rwanda, ukiwa ndani ya gari na uvute sigara halafu urushe ncha ya sigara chini, dereva wa texi anaweza kukuripoti kwa polisi. Hilo jambo linamaanisha wote wameungana pamoja kuweka nchi yao safi na kuweka kando kwa ufisadi. Ni muhimu Wakenya tuige huo mfano ili tuweze kumkosoa Rais kwa mambo mengine, lakini si kuhusu mambo ya ufisadi. Ni jukumu letu sote kwa pamoja kuijali nchi yetu. Ni jukumu la Serikali iliyoko na wale walioko upande wa Upinzani, pamoja na wananchi, kuhakikisha kwamba nchi yetu iko katika hali nzuri. Kwa hayo machache, ninarudisha shukrani kwa Naibu Spika wa Muda kwa kunipa nafasi hii ili namimi niweze kuchangia mjadala juu ya Ripoti ya Rais.
(Hon. (Ms.) Shebesh): Thank you, Hon. Member. I now give the Floor to the Member for Sakwa, Hon. Rasso.
Thank you, Hon. Temporary Deputy Speaker. I rise to support this Report by His Excellency the President. What we see in the leadership of President Uhuru Kenyatta is an attempt to comply with the Constitution. He is honouring the oath of office that he took to defend, protect and live by the Constitution in guiding this country to prosperity. Hon. Temporary Deputy Speaker, I support this Report, principally for one reason, which is that for a sitting Government to provide the National Assembly and the people of Kenya with an audit of what it has been doing, is in itself demonstration of what the leadership of the day must provide to its people. When the Jubilee Government took over, we thought terrorism, radicalization and violent extremism was going to tear this country apart. We must appreciate our security agencies such as the National Intelligence Service and the KDF for having managed to come above what was considered to be a major threat to Kenya’s national security. As the Hon. Member for Jomvu said, matters security are not the responsibility of those who are in Government or Opposition only. Securing Kenya must be done through collective effort of all citizens. That way, we shall be prosperous. Our Democracy is a nascent one. At slightly over 50 years, this country is still finding out which path to follow. We are a collection or galaxy of tribes in this county. We have big and small tribes in this country and all of us look at democracy through different facets. The application of democracy is based on the following: where do you sit? Which tribe do you come from? Are you from the majority tribe or the minority one? If we must walk the talk of making Kenya a stable and unified country, we must not fear to address the issue of tribalism as a major threat to our State. I come from a region where cattle rustling is rampant. In the past it used to be a cultural practice where youngsters raided homesteads to gather enough cattle which they would The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
use to pay dowry, but not anymore. Currently, cattle rustling is an economic crime, where violent robbery takes place and individuals lose their lives in the process. We must address it as a crime rather than a cultural practice. We, as leaders in Marsabit, must strive to bring together the different communities in that county. We must come up with mitigation measures for youngsters, instead of inciting them to raid other communities. They should be encouraged to undertake other useful economic activities. I must thank the Jubilee Government with regard to transport, safety and security. Nowadays, I drive on tarmac road from Nairobi to Marsabit. It used to take us about three days when the weather is fair and dry, but during rainy seasons, you could take one month because of floods. Yesterday, I left my constituency at midnight and by 8.00 a.m. I was in Nairobi. By 10.00 a.m. I was in a Committee meeting. That is the transformation agenda we Kenyans look up to. We have to be grateful to the positive things that have been done. Hon. Speaker, road safety is getting better because of the National Transport and Safety Authority (NTSA) which is a better performing outfit than the Traffic Police checkpoints and roadblocks. The NTSA do on-the-spot demonstrations by stopping, say, 20 vehicles on the road and making quick checks to determine whether motorist have the necessary documents and whether their vehicles are roadworthy. I would like to urge the NTSA not to follow the beaten path that others have followed. Normally when an institution is successful in Kenya, it tends to be corrupt. NTSA must stay away from that. The President has looked at corruption through legal means, policy and institutional framework. Corruption is not just about the recipient but also the giver. It has given this country a bad name. When we devolved resources to the grassroots, it is as if we multiplied corruption. Today, it is harder to bribe at the national level than it is at the grassroots where resources have been devolved to meet the basic necessities of our people. For us to address corruption, some of the governors considered to be sacred cows must go to court. Finally, in our region, we are facing severe drought. We thank the Government for its efforts. However, a lot can be done by focusing on early warning mechanisms.
(Hon. (Ms.) Shebesh): Thank you, Hon. Member. I now give the Floor to the Member for Homa Bay Town, Hon. Kaluma.
Thank you, Hon. Temporary Deputy Speaker. When we enacted the new Constitution in 2010, the people of Kenya believed that we needed to put down what values and principles govern our society. Those values and principles of governance in Article 10 are not just there out of a need to decorate the Constitution. They have a serious societal purpose, which is to serve. That is why we ensconce in our Constitution the value of patriotism, need for unity, equity, devolution and sharing of power and other values.
I hope and pray that this is the last time we debate such a report from the Jubilee administration. I pray against all prayers that this current administration goes home come August this year. Paper after paper we are talking about reports coming from His Excellency the President but the opposite is happening across the country. This is the only country in the world whose soldiers are butchered like animals defending it yet the Commander-in-Chief has not even a single day to say pole to them. He is going on with his business as if he never lost his soldiers. That is the state of the nation. Yesterday, for those of us who care to watch international news, particularly Sky News and Cable News Network (CNN), Kenya was being discussed. I am just reading in today’s local media reports about the acquisition of 20 warplanes which we badly need to properly secure our The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
country and fight terrorism. This has now been referred to the United States of America (USA) Congress Committee on Foreign Affairs. What will shock you is the bill of over Kshs.40 billion, which is the cost we purposed to purchase those planes. It is double the amount. In fact, the American Congressmen are saying that those planes ought to have been purchased at Kshs.20 billion. We are spending between Kshs.41 billion to Kshs.43 billion. We are doing this in a nation which badly needs those military artifacts, warplanes and ammunition to secure itself from terrorism. That is the state of the nation. The President is saying that measures are being taken to fight terrorism, radicalisation and other vices. I think we are tired of mere rhetoric. We need real action. Some of us have lost brothers and cousins to the fight against terrorism. I stand before this Parliament today to say that we have lost the war on corruption. I think the one vice which has become a song in our ears, which Kenyans do not want to give a hoot about, is the idea of integrity, accountability and any pretence that corruption can be fought in this Government. That is why I pray that this be the last report from this Government in this long ritual from which the people of Kenya are getting nothing. Devolution is such a serious value which was legislated to secure equity in the governance of this country. I have said before that a report must be brought before Parliament on how we are securing devolution and sharing of power, not just on paper but we need to deal with it. If you can remember in this financial year, we had a budget of Kshs.2.3 trillion and this Parliament sat to divide revenue as is our constitutional mandate and it gave the 47 county governments a mere Kshs.284 billion. If you look at devolution and its architecture, all the functions which are closest to human life are devolved, from provision of water, health services - if you leave out national health referral facilities - agriculture, those roads other than the national truck roads, the markets, lights and everything has been taken there.
We have to question ourselves why, as a country, knowing the beauty of devolution in securing equity in the governance of our country, we leave to the national Government, which has few functions, a whole Kshs.2 trillion in a budget of Kshs.2.3 trillion. The reason is simple: We have refused to cost our functions so that the Governor of Homa Bay is blamed for not providing water but the Ministry of Water in Nairobi is getting so much money that would have gone to these counties and properly shared to secure water for everyone. That is why Hon. Sakaja said that some of his relatives somewhere could be lacking water. We want more money devolved. When talking about devolution, do not just tell us the national Government or His Excellency the President is required to remit a report talking about devolution. Tell us the measures.
You saw what happened in the health sector the other day. You know the Kshs.5.2 billion is now a forgotten case and we are talking about other corruption cases. We have to question, if indeed, the national Government only remains with national referral facilities, those mobile containers which were being acquired at Kshs.10 million each, were they national referral facilities or for what purposes was the national Government securing them? I want to tell this House that time has come. I am happy that in the Communication from the substantive Speaker today, there was indication that the Procedure and House Rules Committee is reviewing the Standing Orders. This is the kind of report required by our Constitution, which I would suggest to the Procedure and House Rules Committee, which should be presented by the President in the House. If possible, let the leadership of the House, seated with the President, interrogate and help in giving suggestions on how best to proceed with these matters. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
He has talked about sustainable development and the steps the Government is taking to protect the environment. You need to take a helicopter or air tour across this country and go over Mau. The other day I went up to Marakwet. As you go across Naivasha and Kericho you will see what we are doing to our environment by harvesting and cutting trees and planting tea and maize on land which is properly reserved for our forests and water reservoirs. This cannot be. This is a country which is crying year after year because of drought and is busy constructing dams without considering the in-depth impact of those constructions on the integrity of our environment. Kenya today is the most divided society and this happened when we first stepped into this House. How I wish that this being the first Government to implement the Constitution we would be more united than we are! Appointment after appointment has come to this House and we have shouted until nowadays we say just pass the names. We now make a joke in the corridors when serious public appointments come about the name which will be presented and it turns out to be so. Why are we running Kenya as if it is a country of one or two tribes in a country of over 40 tribes? Why do we accept to run this country as if other Kenyans are just mere taxpayers? Time has come for us to seriously interrogate where we are going. I end by saying that the state of this nation under the Jubilee administration is the situation of a ship in the high seas without radar, captain and leadership. How I pray the people of Kenya think of the leadership which can take this country to where it should be with these serious national values and principles of governance! We wait for 8th August.
Hon. Kipyegon.
Thank you, Hon. Deputy Speaker. I also wish to make my contribution on these reports submitted by the President of the Republic of Kenya. In these reports, there are areas which the President has elaborated on matters which touch on national security. We understand that immediately the Jubilee Government took over the presidency, this country faced a lot of challenges, especially on matters of security. We all agree that the nation was at crossroads particularly on matters of terrorism. We understand that the President made efforts to curb terrorism. Although today, the rate of attacks has gone down, we must agree and accept that terrorism is still a very serious threat to our nation. The Al Shabaab are still roaming the streets of this nation. A week ago or thereabout, a young man surrendered to the Police for having trained, stayed and worked for the Al Shabaab for five years. He was an innocent young man who was engaging in his own business and was lured and taken to some place in Eastleigh. When that young man gave us his narrative, it was very absurd to understand that there is a training camp in Eastleigh of the Al Shabaab that is ongoing. Those are the people who have been attacking our military camps in Somalia and our people at the borders. We want to challenge the President to take serious measures in ensuring that the information that leads to where those terrorists are trained is collected and actions are taken against them. The other big issue in our country is radicalisation - the luring, recruiting, training and dispatch of those individuals. Many families, especially those ones along the Coast, have reported to have lost most of their young men and women who are in school and universities. Up The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
to date, their whereabouts are unknown. It is important that our country seriously invests in security and especially external aggression so that we can be safe. The killing of our soldiers in Somalia was our saddest moment. It was the saddest thing to happen to our soldiers. I keep thinking that our country should review our stay in Somalia so that we can secure our borders. We should make our borders safe. When you look at how our young men died, you realise that we have outlived our usefulness in Somalia. This Government has also dealt with other radicalised groups like Mungiki, the Mombasa Republican Council (MRC) and others which were dealt with by the previous Kibaki regime. The Kibaki regime dealt with Mungiki, the Sabaot Land Defence Forces (SLDF) and the MRC once and for all. Our country is currently faced with cross-border clashes, inter-ethnic clashes, cattle rustling and many other activities that make our people live in agony. That is why we have moved Motions for Adjournment in this House several times just to talk about the insecurity problems in our country. If the past regime managed to deal with Mungiki, the MRC and the SLDF, what is so hard for this administration to deal with cattle rustling? What is so hard for this nation to deal with cross-border clashes? What is so hard? Those are Kenyans who have been living together for some time? It is only a matter of conducting proper investigations to know and establish who the people behind cattle rustling are. Like somebody told us, cattle rustling has always been a business. Almost half of the meat that people consume in Nairobi is from those cattle that have been stolen either in Turkana, Samburu, Pokot or Baringo. They are slaughtered in Nairobi. People are engaging in business at the expense of other people’s lives. Most of those clashes also are caused by political dynamics. Like I said previously in my contribution when there were problems in Trans Mara, although those problems are still ongoing, I requested the Government to investigate certain individuals. I was among those individuals. I never wanted to be part of the propaganda where people were claiming that so and so was involved with those particular clashes. I requested the Government to investigate the Governor of Narok, Samuel Tunai; a Member of the County Assembly (MCA) for Kimintet Ward, Ole Kijabe; an aspirant for Kilgoris Constituency and myself, the Member of Parliament (MP) for Emurua Dikirr. We cannot allow our people to die each and every day. Several people have died today and others are hospitalised. There is a man right now at Litein Hospital who was shot three times in the chest and survived. We buried somebody just three or four days ago who was killed, his body mutilated and cut into pieces. There are young men being buried in Kilgoris side. Those are young and promising Maasai men who would have lived to move this nation forward. But individuals whose motives we do not understand incite them to kill each other. I am happy that the Chairman of the National Land Commission (NLC) heard our pleas and had a meeting in Sawela in Naivasha two days ago. I am told he is now on the ground trying to resolve the dispute between the two communities that live in Kilgoris Constituency with regard to the two parcels of land that have always been the cause of conflicts in that particular area. I am happy and hope that Swazuri will deal with that matter so that we can find lasting peace in that particular area. There are so many other areas which have these particular problems just like what we have in Baringo, like Kirindoni and Soit. People are dying on a daily basis. We do not understand why. We want the Government to take charge and ensure that we have serious security in those particular areas. I have always been speaking on matters of corruption. I have always said that if there is something that will haunt the Jubilee Government forever is how they stole from the public coffers and corrupted everything. Maybe because of tribalism and tyranny of numbers, they might come back. Everybody is stealing everywhere - left, right and centre, from top to bottom. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Let us have Hon. Sunjeev Birdi.
Thank you, Hon. Deputy Speaker. I was caught by surprise because I was listening very intently to what the previous speaker was saying. I was listening to him speak on matters corruption. He is so sure that people have been eating. From the start, I wonder if I would be in order to direct him to the Ethics and Anti-Corruption Commission (EACC) so that he can report those matters directly instead of holding them in his chest. I would like him to have a good night sleep so that he can move on.
I am not going to allow an altercation between the two of you. Just make your point, Hon. Birdi.
Hon. Deputy Speaker, I would like to add my voice to the Report that has been moved today and in particular the state of national security. I would also like to mention that apart from Bunge TV, there are other bloggers out there who are twitting and helping to send a message of Members of Parliament in this House on this Report. Kenyans are receiving the message very clearly. The message is that there is a genuine feeling of unhappiness from every direction. People are not really very happy. On the face of that, we are dealing with it and doing a good job.
As far as radicalisation and violence extremism are concerned---
Hon. Ng’eno, you had your say. Can you allow Hon. Birdi to also have her say?
Out of all the points that have been raised on this Report, there are eight that I picked. There is a lot of consultation that is distracting me, Hon. Deputy Speaker. I seek your protection once again. Is it possible to ---
Order, Hon. Ng’eno! You have started a debate outside the one we have. Nobody made any comments while you were making your points. Even when you said that everybody is stealing, I guess, you must have included yourself, because if it is everybody, then we are all guilty. Let us leave that matter to rest. Allow the next Member to make her points. Hon. Birdi, your time is really being taken up.
I understand that, but I really needed some peace so that I could focus on what I need to say.
Thank you, Hon. Deputy Speaker. Out of the points that have been made, the one I feel for most is radicalisation and violent extremism. This is something that has been on-going not only during the Jubilee Administration but way before it. There has been an avalanche of radicalisation. It is something I believe not only the President and the Government should fight, but even communities, the youth and women should hold hands together to fight it. This is something that needs great attention. As far as radicalisation is concerned and because much of it is put on the shoulders of leadership, leadership of all communities and churches including ethnic minority groups such as Hindus, Sikhs, Jains and Buddhists should all be involved in nation building. Irrespective of the challenges that we have, we are all involved and we must be, if we are not already.
The other thing I would like to talk about is cattle rustling. The Government has said that it intends to take steps to liaise with county governments. I have said that there should be a The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
points-based system in order to see which county is doing better than the other so that we are able to monitor which governor is doing better than the others. Instead of naming and shaming, it would be nice if all governors compete so that we see which county is doing better than the others in the spirit of competition. I am not sure whether that will sort the problems that we have, but I know that when somebody takes responsibility generally he tends to fair better than the others. That is what we need in our lives, communities and in our country right now. We need leadership where everybody is accountable. A points-based system will help.
There has been mention of violent crimes. It is surprising to see that gender-based violence has increased by 16 per cent. Rape, defilement and incest have increased immensely. In 2014, 239 cases were reported. In 2015, it had increased to 333 cases. What does that say about community and society we live in? As a result, bigamy--- How do I point my finger at Government or at a leader when I am not able to keep order and instil discipline in my house? It begs to point a finger at oneself. Recently, Hon. Joyce Lay and I handed over a home and a shopping unit to a lady called Jackline Mwende. As you know, her hands were chopped off by her ex-husband. That was a despicable act. Any act of violence is despicable. I was shocked to read the comments made by people. They actually glorified the fact that her hands were chopped off because she is now expectant. I felt that it was very inhuman because, still there is absolutely nothing that can justify such a form of injustice. Gender-based violence falls under violent crimes and criminal activity and is on the rise. This is a challenge that needs to be tackled head- on. Wildlife crimes have been talked about and it has been said that concerted efforts need to be made by all stakeholders--- Transport and road safety has been touched. It has been said before that negative attitude and resistance to change is something that contributes to the way people behave and giving in to giving a bribe to a police officer so that one can get away with an offence. You get to see many things on social media these days. It is despicable that we have come to that point where we feel that it is better to give a bribe than to be answerable for something.
I would like to talk about reforms in the immigration services. As you know recently, there was a Petition. E-citizen is working very efficiently and I applaud the Government for putting it in place.
Overall, this Report is welcome, but I would like to see---
Hon. James Nyikal.
Thank you, Hon. Deputy Speaker, for giving me an opportunity. I rise to note the Report from the President.
On a point of order, Hon. Deputy Speaker.
There is a point of order by Robert Mbui. What is your point of order?
Thank you, Hon. Deputy Speaker. I am rising under Standing Order 97. I would like to request that considering the gravity of the situation and the time left and the number of requests by Members, we reduce contribution period to five minutes per person. Thank you.
I see a lot of interest in this Motion and we hardly have 45 minutes and this is a matter that most Members would like to make some comment on.
The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Deputy Speaker, I believe that will start after me.
It is because we want to see if we can accommodate the few who have sat here for the whole afternoon. We have been debating this for the last two-and-a-half hours. It would be sad if they do say something.
Thank you, Hon. Deputy Speaker. I rise to note the Report as indicated in the Order Paper. I must start by saying that we appreciate that these reports are in line with Articles 132 and 240 of the Constitution and that they are being done regularly every year. It is appreciable. I must start by almost summarising that what comes out in these reports is that there has been a lot of effort. However, in terms of achievement, it has been relatively little in comparison to the effort that has been put in place. In line with realisation of values and national unity, one of the biggest problems we have is that many things could have been said and may have been done. Ethnicity is one of the biggest problems we have. If you are talking of national values, that is one thing we must address.
Hon. Deputy Speaker, I may need some protection.
Hon. Ochanda and Hon. K’yoo, give the hon. Member a chance to speak. He has some very serious points he is trying to put across.
Hon. Deputy Speaker, if you look at the issue of ethnicity, it is such a serious problem that if as a nation we cannot address it, then we can never talk about national values. Together with corruption, it stands at the top. We have heard in many reports that if you look at the indices even for development, there is so much difference that is clearly put to tribalism even in appointments and distribution of development. The biggest problem we have with this comes to our politics. If you look at our politics, if you look at our party orientation, if you look at our coalitions, the truth is that we are a deeply divided nation, we are very tribal. It may be difficult to blame the President as a person but the President embodies the whole philosophy of a nation. Therefore, in his Report that is something we must point out. Much has been done but I do not think a lot has been achieved in that line. We can say that we have created a state. A state of course is created by physical boundaries, geographical boundaries, the instruments of power, the Constitution and all those articles of state but we have not created a nation. It is my wish that one day we shall be able to create a nation where all of us feel equally for this country called Kenya. I dare say that if in this country you stood in the middle of the street and started screaming “Kenya is a useless country, Kenya is a very corrupt country”, most people would probably pass by and think you are mad. But I know that if you were to stand in the middle of the street and say “Luos are very corrupt, Luos are thieves,” you will definitely be attacked. What does it say? We internally belong to these groups and not to a nation. It is something that we need to struggle to bring out, that we have a nation that we feel strongly about, that we are ready to fight for instead of being ready to fight and die for our ethnic groups. Another of the values that we put is the issue of devolution. I think this is the greatest achievement this country has had when we put the Constitution 2010 in place. Apart from Chapter Four which is the Bill of Rights, devolution is the most important thing after that. Some achievement has been made. It would not be right to say that devolution has not brought changes, The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
it has brought changes, it has indicated that it can deliver services to the people better and near to the people but a lot more could have been achieved. Even the little which has been achieved has been achieved at a very high cost. The main problem, the way I see it, is that we put in place constitutionally what we should have done in the Fourth Schedule. We put an Act of Parliament- Transition to Devolved Government Act- then created the Transition Authority but anybody who dares to read those documents will realise how little we used them. We threw them to the side and moved on. That is responsible for the many problems we are seeing. Even the corruption we are seeing and we are talking about at the county level is because we did not work systematically to put in place structures. Human beings left on their own without structures and check system, will always go the wrong way. We needed to have done that. Talking of corruption, that is something we really need to look at. In terms of fulfilment of international obligations, there has been a lot of effort. But two things have come out that as a country we have to look at. The push by this country to get out of the International Criminal Court (ICC) has depicted us in bad light. What we saw when our Foreign Affairs Cabinet Secretary, a very able lady indeed, failed to achieve the Chair of the AU is an indication that we should have done that. In the issue of national security, if you look at our institutions, we have the best security structures in place. We have the National Security Council, the Defence Council, the National Intelligence Service (NIS), the National Police Service (KPS), Kenya Police Service (KPS), Administrative Service, but all these are not integrated and the information does not flow. Every time we have a problem, we get that the information was available but was not used.
Hon. Esther Murugi. I know David Gikaria, Ochanda and Namwamba were ahead. I am telling you I am giving her for seniority purpose because she was the Minister for Nyikal at some point. The three of you were ahead of her.
Thank you, Hon. Deputy Speaker. I appreciate that consideration. I want to support this Report by His Excellency the President. The threats to our national security that he has laid out are not unique to this country, they are universal. The only place that we need to address them is how we can sort them out. I want to quote what Nelson Mandela talked about; that is Ubuntu . Ubuntu in South Africa means humanity towards others or the universal mode of sharing as connectivity to humanity. Our national values and principles as everybody has talked about are founded on this principle. If we did this, all these issues that we are addressing here and saying that the Government has failed or the country has failed, I am sure would not be a matter that we would be discussing. We need to do this and to educate our children right from the day they join school so that these values can be inculcated in their lives. Hon. Deputy Speaker, for us to adopt Ubuntu, there must be collaboration among all the stakeholders. That way, we will have a safe country in the future. Therefore, Ubuntu is the way to go – cultivating love for one another. If we had adopted this philosophy, we would not be talking about drug trafficking and illicit brews. A person who sells drugs to an eight-year old child, or to anyone who is below the age of 18 years, does not care about continuity of the population. If Ubuntu is integrated into our society, then we will not be talking about these issues. On tackling drug abuse, we should adopt Singapore’s practice, whereby if one is caught trafficking drugs, you are given a life sentence. There is no politics about it. We should move in that direction. Last year, we all went out to close all the illicit brew outlets, and we met a lot of resistance. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
I can see Hon. Gikaria nodding because I understand he was in court with some people. We were even threatened that we would not be reelected to Parliament. If we do not love one another, we do not care because we just want to make an extra shilling without bearing in mind how much it will cost our neighbours or even the country. We must be ruthless when dealing with these people, if we must move forward.
Hon. Deputy Speaker, we are talking about food insecurity yet environmental degradation is ongoing. All villages in this country have saw millers with timbers from our forests. The Aberdare Range and Mount Kenya are now deserts. How can we solve the problem of food insecurity if we are degrading our environment by licensing people to cut trees? We have contributed to food insecurity because we are not mindful of our environment, which has a way of paying us back. I would also like to talk about smuggled and counterfeit goods. How do you harass hawkers in small towns claiming that they have counterfeit goods? Do they even know counterfeit goods? We leave out all the big shops in Nairobi, where they buy those goods. We are not even sure whether our suits are counterfeit or not. The Counterfeit Authority should first deal with the source and not hawkers, who are trying to earn livelihoods. Hon. Deputy Speaker, I can see the red sign. I just want to conclude by saying that
is the way to go because if we love one another, we will not have these issues.
Hon. Gikaria.
Thank you, Hon. Deputy Speaker for giving me the opportunity to note this Report by His Excellency the President. It is very sad that Members take advantage of their position to cry foul just to make their leaders happy. They blame the Government over issues that are not even there. It is very unfortunate that people take very extremist approaches over any report brought here by the President. They blame the Government for failure yet we are just talking about national values and principles. Hon. Njuguna made it clear that we should be patriotic. We went to Israel on a mission with the Departmental Committee on Administration and National Security. Israel has an effective and powerful opposition. When we were talking about fighting terrorism, we asked the Leader of the Opposition Party to tell us the position of the Opposition there when it comes to fighting terrorism. He told us that when it comes to fighting terrorism, they forget their political differences and fight as Israelites. We should take that approach. We should honour our soldiers who have died in Somalia, fighting for our country. People should not use their deaths to claim that the Government does not care about them. Those soldiers have died in Somalia because of patriotism. Terrorists do not attack specific tribes but Kenyans. We need to ask ourselves what would happen if we had not gone to Somalia. May be, we would have lost many lives because terrorists would be free. I want to tell Members that it is not right to just take any opportunity to attack the Government. The National Super Alliance (NASA) is an outfit of people coming together to share positions. They have no agenda for this country. Our Opposition is just there to focus on themselves because they do not care about Kenyans. We have been told that Kenya is deeply divided. I invite Hon. Kaluma to come to Nakuru to witness all the tribes living together, and young people intermarrying. I want to ask him to go to Mombasa and see how communities are living together there. They do not know their differences. We tell Kenyans how deeply divided we are for our own selfish reasons yet out there, Kikuyus are intermarrying with Luos. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Regarding corruption and devolution, the Director of Public Prosecution (DPP) said that he wanted to investigate allegations of corruption made against Kilifi County Government but some leaders went there to protect the Governor because he is one of their own. Why do you protect someone who has stolen? Theft is just theft whether is it by the Opposition or the ruling party. We should be truthful to ourselves. Let us fight corruption as a team. With those few remarks, I note the Report.
Hon. Gideon Ochanda.
Thank you, Hon. Deputy Speaker. At the outset, I want to indicate that I wish this Report had provided a template showing the extent to which we wanted to achieve in terms of national values and principles. This is our final year and this Report should have provided a nice template, showing how much the Government has achieved in terms of each of the stated areas. We might not have targeted 100 per cent but we might have indicated that we targeted 60 per cent but we achieved 40 per cent. That would have been a good indicator in terms of what has been going on. We would have also had a chance to indicate in terms of incremental arrangements. What is it? For example, where were we in 2013 in terms of some of these values and where are we now three or four years after that? If it was done in that manner, this would have been a very nice Report. It should also have indicated to us the kind of challenges that are there and the kind of indicative responses that are being put in place for purposes of making sure that some of these things are addressed.
I want to quickly look at two or three things only. One is the principle of devolution of power. We have a challenge. By 2015, we ought to have concluded all the legislation and administrative arrangements for purposes of making sure that devolution works. This has not been done to date in a conclusive manner. We have a lot of functions that still outlie with authorities, boards and all manner of other entities to an extent that when you are saying that you are committed to devolving power and devolution was going with functions and functions were going with resources, finally we end in a situation where we have not completely done this. Resources are still not in areas where they were supposed to be. A good example is the issue of Provincial Administration, the way we used to know it. This ought to have been streamlined. We ought to have cleared this by 2015. This has not happened until we are working on parallel governments down there, particularly at the counties. I think the issue of costing was not concluded. There is one thing I want to quickly mention. The Constitution anticipated that there are certain functions that the county governments, as they are, might not manage to perform. The Constitution also had indications that there were some functions which if they were transferred, the county governments would have been in a situation where they would not be able to do them. These could have been reverted. In my view, this is something we have not witnessed. It is going to be a challenge in future because counties are going to be struggling with certain things that they are unable to do and those who suffer are the people who are supposed to get services. The second last issue I wanted to bring up is that of sustainable development. Look at the amount of wastage that we have in our system. Look at the amount of pilferage, corruption and public debt levels. These indicators are not very positive when we are talking about issues of sustainable development. We are supposed to be a little bit careful about the future. We need not give a big burden to the future generation but if you look at the amount of public debt that we have at the moment, I think it is really at higher levels. Finally, there is the whole issue of security. There is a relation between the security situation that we find ourselves in and all these kind of values and principles that we are talking The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
about. In terms of security, we are talking about issues of terrorism, all manner of illicit brews, drug trafficking and all manner of crimes. All these are related to the kind of situation we find ourselves in, that there are no jobs. People are unemployed. The environment generally is not very conducive in a manner that people are able to generate jobs even by themselves. So, we end up in circles in terms of issues of security. Our young people are getting into these circles of terrorism not because they want but because they are driven. Sources of income have been really limited. As I look at this, there is much more that needed to be done, particularly in this final year when the President was giving us the state of stuff.
Hon. Ababu Namwamba.
Hon. Deputy Speaker, I take note that we are considering or noting a report of the President’s constitutional obligations under Article 132 that requires him to report to this House all the measures taken and the progress achieved in the realisation of the national values set out in Article 10 of the Constitution. I dare say that it is quite positive the kind of letter and spirit that we have put in our Constitution - a Constitution that I had the privilege of being part of the process of piecing together. Looking at our country today, what comes to mind is what Mahatma Gandhi famously called in a newspaper piece he published on 22nd October 1925, many years ago, the seven social sins. He listed them as wealth without work, pleasure without conscience, knowledge without character, commerce without morality, science without humanity, religion without sacrifice and politics without principle. When you look all around us in this country, you see so much manifestation of what Mahatma Gandhi called the seven social sins. Everybody wants to get wealthy and get wealthy now. Everybody wants to play politics without any principle whatsoever and that is why the primary focus of a political mobilisation has become the tribe. So, sometimes we are blinded to some terrible things happening amongst us or within the country and we are blinded merely by reason of tribe or by reason of political affiliation. Therefore, this goes to the conscience of the nation for us to ask seriously whether we are living by the principles we have set out in Article 10 of the Constitution. Report after Report will come here but until we have a fresh consciousness in this country, all this will just become a mechanical exercise which will not cause any particular transformation. We can blame each other. If you are out of government you will blame those in government. When you get into government you will join the same cyclic kind of behaviour and it becomes a vicious cycle. On the question of security, we must admit that we are in a crisis. Today, I was looking at a report of Amnesty International called the Amnesty International Report on Security in Africa for the Period 2016 to 2017. This Report indicates that as at October 2016, 177 extrajudicial killings had been reported in Africa. Out of this figure, 122 were in Kenya alone. Kenya accounted for 69 per cent of all reported extrajudicial killings in Africa. That is diabolical. There is something very wrong about our state of security. For instance, what is happening in the beautiful Kerio Valley is absolutely unacceptable. We are witnessing crimes against humanity. It is about time we called the ICC to investigate what is happening in the Kerio Valley. I challenge the Government that if there is anything that requires immediate urgent attention right now is to decisively handle the security crisis in the Rift Valley, of course besides drought. Until we deal with the question of equitable sharing of resources in this country, we shall continue---
I know you have a lot to say but allow these Members to also have a bite. Next is Hon. Janet Wanyama. You are six of you. You will have to share those 20 The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
minutes so that each can get a chance. Hon. Mary Wambui, you are not very far. Just hold your horses.
Asante sana, Mhe. Naibu Spika, kwa kunipatia nafasi hii nami pia nichangie Ripoti ya Mheshimiwa Rais. Naungana na wenzangu walionena hapo awali kuhusu mambo yanayoikumba nchi yetu hasa upande wa usalama. Vile wenzangu wamesema ni kweli. Tumekuwa na changamoto katika upande wa usalama katika nchi yetu ya Kenya. Mhe. Naibu Spika, unakumbuka kwamba miaka miwili iliyopita tulikuwa na shida ya usalama katika Kaunti ya Bungoma. Watu walikuwa wanuawa kiholela. Mwishowe Serikali ilisadia angalau kuweka mikakati ya kuhakikisha kwamba mambo ya kuuana katika Kaunti ya Bungoma yameisha.
Mhe. Naibu wa Spika, ningependa kumshukuru Rais kwa sababu ya mikakati ambayo amejaribu kuweka licha ya kuweko kwa shida ya wanamgambo wa Al Shabaab katika nchi yetu. Mwenzangu alisema kuwa Raisi, akiwa Amiri Jeshi Mkuu, hakusema pole kwa wale waliopoteza maisha yao kwenye shambulizi la hivi juzi lililotekelezwa na wanamgambo wa Al Shabaab dhidi ya wanajeshi wetu kule Somalia. Rais alikuwa mstari wa mbele kupokea mili ya askari wetu waliouawa kule Somalia.
Ningependa kuongea kuhusu ufisadi katika nchi yetu ya Kenya. Ni kweli kwamba ufisadi umekita mizizi katika nchi yetu ya Kenya, lakini hiyo haimaanishi kwamba ufisadi umeletwa nchini na Mhe. Rais. Ufisadi unapatikana hata kwenye nyumba zetu, na hata makanisani. Ningependa kuishukuru Serikali kwa kuhakikisha kwamba wale wanaopatikana na makosa ya ufisadi wanachukuliwa hatua kulingana na sheria. Kwa sababu ya ugatuzi, katika nchi yetu kumekuwa na changamoto chungu nzima. Utaona kwamba watu ambao wameajiriwa na viongozi wenzetu wamejipatia utajiri kwa njia isiyo halali. Ningependa kusema kwamba sisi, kama viongozi, ni lazima tushikane bega kwa bega kuhakikisha kwamba tunapambana na ufisadi katika inchi yetu ya Kenya.
Ningependa kuzungumzia mazingira yetu. Tangu Jubilee ichukue uongozi mwaka wa 2013, mazingira katika nchi yetu ya Kenya yamelindwa vilivyo. Hapo awali, ungeona watu wanakata misitu yetu ili wapate makaa ama kuni. Hivi sasa, watu hawavamii misitu na kukata miti. Hii inamaanisha uhaba wa maji hausababishwi na kutotiliwa maanani suala la kuhifadhi mazingira. Sisi, Wabunge tunaowakilisha kaunti, tungependa kumshukuru Rais kwa sababu baadhi yetu tulihakikisha kwamba tumeongea na Rais kwa sababu ya kazi yetu inayo tulazimu kutembelea sehemu zote za kaunti nzima, ndiposa akatupatia hazina ambayo tunatumia kama viongozi wa kaunti.
Hon. Mary Wambui.
Thank you, Hon. Deputy Speaker for giving me this opportunity to add my voice. I would like to speak to food security because the Government is trying so much to ensure that people get food. However, I am worried. As a Member of the Departmental Committee on Agriculture, Livestock and Cooperatives, I know that if we do not get enough rainfall, we will not have food. When people plant their crops, they cannot get good harvest. I would like to request the Government not to license people to cut trees. In the Mount Kenya region, where I come from, there is no forest anymore. I have been there for a long time. I used to see people being given alternative land to do farming and plant trees. After the trees grew, they would be given land in another area. Nowadays we no longer have such an arrangement. That is why we no longer get enough rainfall. Where I come from, we used to have River Gura, which used to have a lot of water flowing down from Mount Kenya. Now there is no water since people are doing irrigation. Irrigation is good because people want food, but if we allow trees to The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
be cut in our forests, this country will become a desert. We ask foresters, when they are giving people licences, to make sure they are planting trees.
The other thing is about security. I can say thank you to the Government. We know there are many problems because of security but, security begins with me and you. When we see something is going wrong, what can we do? The reason I am saying the Government has tried and I thank them is because last year we used to get news on Al Shabaab having done something but, these days when we read newspapers, they are arrested before they have done something. So, we can say thank you to the Government. There is no need to say the Government has not done anything. They are trying and we are telling them that we better try. The ordinary people in the villages are the ones killing each other because of our problems. When we go into politics this time, we ask the Government--- Even if somebody somewhere is an opponent, there is no need to send thugs to kill them. Thank you, Hon. Deputy Speaker. May god bless this country.
Hon. Robert Mbui?
Thank you, Hon. Deputy Speaker, for this opportunity to also note the report by the Head of State on the state of the nation. From the outset, this report looks very good and glossy. It talks about threats to national security and mitigation measures. I only wish to comment on that one report. I want to say that I will not mention this as one Member of one side of the coalitions of Government, but just as a Kenyan. The issues raised here are very weighty. Unfortunately, while we are getting reports mentioning threats to national security and mitigation, I am not seeing the real mitigation measures many times. I am just seeing the report. It talks about the issues that are happening. Mitigation is not coming out very clearly. I note that there are many problems we are facing as a country. The drug issue is a menace. Unfortunately, we all know that it has been politicised. It is going to the extent where people will talk about it in barazas and address it as if it is something to do with politicians yet we know it is something that is killing our youth. On cattle rustling and banditry, this is a problem that is affecting people even from areas that are closely associated with the Government. Recently, we heard an Officer Commanding Police Division (OCPD) say that those are problem areas. He defined those as areas where people cannot live because people are killing each other on a daily basis. On the issue of illicit brews and alcoholic drinks, you remember that fake campaign that was carried out. Sorry, I will not call it fake but the campaign that was carried out without proper planning. It ended up with sending many of my colleagues here to courts to address issues of vandalism and destruction of property yet the problem still exists up to now. On the issue of ethnic and inter-communal conflict, this is an issue that is really borne out of the sharing of national resources. If one or two communities feel they have an upper hand and share out positions and appointments within themselves, it is going to be an issue; it is going to continue. The Internally Displaced Persons are still in Kenya yet this is many years after that conflict occurred. It is something we need to address. We need to address this, not as politicians from one side or the other but, as Kenyans. Finally is the issue of food insecurity. I want to put this on record: I have noticed food is being distributed in Kiambu. I come from Machakos County and we have a similar problem. My Governor was on national TV saying that we have no hunger. It is unfortunate because even now, he just went and put on newspapers a road that is being done by the national Government The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
and said he is doing it. So, we need to address these issues as a country. The Government is trying, but we need to get together and work to ensure we achieve all this. Thank you, Hon. Deputy Speaker.
Thank you. Hon. Cyprian Iringo, share with your three colleagues. We have Manje, Regina and Mitaru; those three. So, see how you can share the remaining 10 minutes among the four of you.
Point noted, Hon. Deputy Speaker. I will take the minimum time possible. I commend the President for coming up with this State of the Nation Address, especially on security. He went out of his way to spell out almost each and every sphere of this country and where we need to address. He has done his constitutional job. Unfortunately, when this information comes to the public domain or for implementation, it is the implementing machinery of this country that has failed this country. At the end of the day, we end up in blame game. We end up in blaming one another: the Opposition blaming the Government and the Government saying it is the Opposition which is looking at it with a bad eye. But what is most important is that we Kenyans should embrace patriotism and know that we belong to this country and this country is ours. If we do not tame the monster called corruption, drug trafficking, cattle rustling and insecurity in our areas and the politics of hatred, this country is going nowhere. Environmentally, we are doing very poorly. We are assisting foreigners and ourselves to loot our natural heritage. We have depleted our forests. Our rivers are drying up. And we are out in the streets demonstrating, demanding a lot of money as salaries without addressing these other things. There is a lot to be said. We have destroyed our young generations with drugs when we make money. We make money as few individuals but in the long run destroy generations who could have made this country a better place to live in. The President means good for this country. I pray those people who are charged with the responsibility of doing this work to also be vibrant as the President and address all the issues positively and as a nation. Thank you, Hon. Deputy Speaker.
Hon. Joseph Manje.
Thank you, Hon. Deputy Speaker, for giving me this chance to contribute on these Reports by the President. It was a very good indication of what is happening in the country. But it is a bit unfortunate in our country that for so many years we have been dealing with the same issues. There are those few challenges. For example, if you talk of the security of this country, corruption and tribalism, those are the challenges that we need to sit down as a country and see how we can solve them. On security, I think there is a very good approach. The integrated approach to security in this country will go a long way to solve the problem. Then there is the increase in the number of security officers and their condition of work. We also have a lot of patrol vehicles that are doing us good service. On corruption, I think the Government has done a good job; for example, by having a multiagency approach towards corruption and introducing asset recovery system where if somebody is corruptly using money to defend the case, then the asset is held. That way, it reduces the ability of the person to litigate. I think the correct approach should have been, if we entrench the way we are using e-procurement and e-governance, it will go a long to solve this problem of corruption. Like the way we are using M-PESA in business where the contact between the officer and Kenyans will be reduced, I think that will reduce corruption in this country. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
On tribalism, during the normal operation of the country, you find all Kenyans behave similarly; they go to the same hospital. If it is hotel, they go to the same ones; schools as well. Everything is the same. But when it comes to politics, it is where tribalism is practised. So, if we deal with our political issues then I think tribalism will end in this country. There are those challenges that I think should be challenged. These are minor challenges that are unforgivable in a country, like food security.
Hon. Regina.
Thank you, Hon. Deputy Speaker. I stand here to support this Report. I have listened to several speakers contributing to this Report. One thing, we need sober minds when dealing with things concerning the country. Blame game will not take us very far. There are so many people who listen to us when we are contributing to Bills on the Floor of the House. About corruption, it has become like a goldmine in this country. Any person stands somewhere, even those who are corrupt, to talk about corruption. All the time they are talking the Jubilee Government being corrupt. Surely, we have had several governments and we know what has been happening. We have never seen people taken to court. We have never seen people returning things they take from the community. People are using this as a political tool. It depends on where people stand. If they are in the Jubilee Government, then they are so corrupt. We want the corrupt individuals to be named so that they do not tarnish the names of innocent people. Even when we lose money in our offices people out there start shouting that the Jubilee Government is very corrupt. We have the National Government Constituencies Development Fund (NG-CDF) money. People are being corrupted in those offices. You hear people say that it is Uhuru Kenyatta and William Ruto. They do not look at themselves. I want to give an example of what is happening with the doctors. Some departments are supposed to be dealt with by the governors. People are not talking about what the governors are supposed to do. People are just talking about the national Government. If the governors could stand firm and deal with the crisis in the health sector, people could not be talking about the national Government. On matters related to ethnicity, how do I go campaigning out there when people are busy abusing the Government? When something comes to the table ---
Allow Hon. Mitaru to say two words before I call upon the Mover to reply.
Thank you, Hon. Deputy Speaker for giving me a chance. I really wanted to thank our President for coming up with this Report and giving it to us as leaders of this nation. I was thinking he has worked very hard to help us, especially with the fight against illicit brews and gender violence. For example, somebody yesterday removed the clothes of a young woman. A man and a woman were fighting and people just watched them instead of calling the police to find out if any of them had committed a crime, so that action could be taken in accordance with the law. We also have the two-thirds gender rule that we have not complied with. We are not co-operating as men and women of this nation to help our youth, women and old people. We have not been able to work together as a team in order to reduce corruption and take services closer to our people. We have to help the President accomplish the Government’s agenda. There are people who keep a lot of cattle, and who are food-insecure. Right now, those who have a lot of resources should share with those who are dying of hunger and malnutrition.
Okay, I now want to call upon the Leader of the Majority Party to respond. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Deputy Speaker. First, I want to thank Members for their wide range of contributions on the topics, matters and measures taken; and progress made in realisation of the national values and principle of governance. The President has done very well, taking into account the various Sessional Papers that have been presented to this House and approved, and the budgetary allocations that have been provided for realisation of the national values and principles of governance. Secondly, on the progress made in fulfilling the international obligations of the Republic of Kenya, as I said earlier, for the first time, Kenya has a documented foreign policy. There is a document which shows our engagements with other state and non-state actors, both bilaterally and multilaterally. Lastly, on the state of national security, three years down the line, Kenya is safer. We have combated terrorism. The Kenya Defence Forces (KDF), both men and women, are doing a great job in Somalia. We are having less and less terror attacks. Our security agencies are working closely with our partners in terms of intelligence sharing. We have invested in human capital. We recruit 10,000 people into the force annually. We have also invested in police equipment and intelligence gathering. I am sure the little challenges we have, for example, cattle rustling in Baringo, West Pokot, Marakwet and Laikipia, the Uhuru Administration has the capacity to bring that to an end. Kenya has transformed under President Uhuru Kenyatta. Those with eyes can see, those with ears can hear, but those who do not want to hear or see, the majority citizens of this country will see and hear on their behalf. With those many remarks, I beg to reply.
Hon. Members, the Question will be put when this comes up in the next Order Paper.
Hon. Members, the time being 6.30 p.m. This House stands adjourned until Tuesday, 28th February, 2017 at 2.30 p.m.
The House rose at 6.30 p.m. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.