Hon. Senators, it is my pleasure and privilege to welcome you to the first sitting of the Senate. Hon. Senators, Senate Standing Order No.3 (1) (a) provides that:- “On the first sitting of a new Senate pursuant to the President’s notification under Article 126(2) of the Constitution, the Clerk shall- (a) read the notification of the President as published in the Gazette . Hon. Senators, pursuant to this provision of the Standing Orders, I now proceed to read the notification of the President. This is:- “LEGAL NOTICE No.56 THE CONSTITUTION OF KENYA FIRST SITTING OF THE SENATE I paraphrase:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, Standing Order No.3(1)(b)) further requires that on the first sitting of a new Senate, pursuant to the President’s notification under Article 126(2) of the Constitution, the Clerk shall:- “lay a list of the names of the persons elected as Senators on the Table of the Senate;” I now proceed to lay on the Table of the Senate a list of the persons elected or nominated as Senators.

Hon. Senators, Standing Order No.3(1)(c) requires that on the first sitting of a new Senate, pursuant to the President’s notification under Article 126(2) of the Constitution, the Clerk shall administer the Oath or Affirmation of Office provided for in the Third Schedule to the Constitution to all Senators present in the Senate in the order set out in Standing Order No.3(2). Standing Order No.3 (2) provides:- “The Clerk shall administer the Oath or Affirmation of Office to Senators in alphabetical order using the following order of precedence- (a) Senators with the longest cumulative period of service in the Senate; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, in order to facilitate Sen. Leshore, we will move up to his place.

Leshore Sammy Prisa

Mugo Beth Wambui Khalwale Boni (Dr.) Ntutu Stephen Kanyinke Mutahi Kagwe Kioko Mike Sonko Mbuvi Bule Ali Abdi

Hon. Senators, I will allow Ms. Getrude Emma Mbura to get her spectacles then we can proceed.

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Hon. Senators, this is just to confirm that all Senators present have sworn and subscribed to the Oath or Affirmation of Office because the next business will require that any Senator who has not been sworn-in will not participate in the election of the Speaker. If there is any Senator present who has not been sworn-in, we will now proceed to swear them.

Hon. Senators, it has been confirmed that every Senator present has been sworn- in. Allow me to take this opportunity to congratulate you all on your accession to the office of Senator in accordance with Article 74 of the Constitution.

Hon. Senators, Standing Order No.4(1) provides:- “A Speaker shall be elected when the Senate first meets after a General Election and before the Senate proceeds with the dispatch of any other business, except the administration of the Oath or Affirmation of Office to Senators present.” Hon. Senators, this is what we have just undertaken. Hon. Senators, pursuant to the Standing Orders, a number of activities were required for the election of the Speaker before this first sitting. I will proceed to detail each such activity and the manner in which we have complied with the Standing Orders. Firstly, Standing Order No.5(1) requires:- “Upon the President notifying the place and date for the first sitting of a new Senate pursuant to Articles 126(2) of the Constitution, the Clerk shall, by notice in the Gazette, notify that fact and invite interested persons to submit their nomination papers for election to the office of the Speaker.” Hon. Senators, vide Gazette Notice No.3895 dated 22nd March, 2013, the Clerk of the Senate invited persons to submit their nomination papers for election to the office of Speaker. Secondly, hon. Senators, Standing Order No.5(4) requires that:- “The Clerk shall maintain a register in which shall be shown the date and time when each candidate’s nomination papers were received and shall The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Clerk. You have just informed us that a number of people have withdrawn. Whereas we have no problem with that, because of the calling placed on the Senate and the seriousness that the country is viewing the Senate with, it would be important to the country to know why people who had few hours ago, lobbied us and asked some of us to propose and second them have withdrawn. Kenyans know that this Senate will not be for purposes of playing political games where people want to pull towards one region, party or ethnic community. Could we know the reasons these people withdrew their candidature before we vote?

Sen. (Dr.) Khalwale, it is the right of any qualified citizen to put in their candidature for the Office of Speaker and the Office of Deputy Speaker and to similarly, at anytime before the commencement of the ballot, to withdraw. The reason that provision has been made specifically in our Standing Orders of the Senate for withdrawal is because of the recognition of the prerogative and right of every candidate to put in their names and withdraw before the commencement of the ballot. They are not required to assign any reasons for such withdrawal. I am unable to take up your invitation to require that reasons be furnished. We will accordingly proceed in the manner that I was detailing. I direct that the ballot box be now locked in the presence and viewing of the Senate.

On a point of order, Mr. Clerk. We are also curious as to what gadget you will use for the tallying of the votes.

Hon. Sen. Omar, you will shortly observe.

Thank you very much. Hon. Senators, Standing Order No.6(3) requires that the Clerk shall issue not more than one ballot paper to each Senator who comes to the Table to obtain it and each Senator who wishes to vote shall proceed to a booth or designated area provided by the Clerk for that purpose and located next to and within reasonable distance of the ballot box and shall, while there, mark the ballot paper by placing a mark in the space opposite the name of the candidate for whom the Senator wishes to vote, fold the marked ballot paper before leaving the booth or area and place the folded ballot paper in the ballot box. The polling booths are on my left as displayed. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Clerk. I think that it would be important to have representatives of the candidates of the coalition parties in the tallying and counting of votes.

Thank you. That point is noted and acknowledged. At the appropriate time we will invite the agents or any other interested Senator who would like to view the counting and tallying to be present, but we are not yet at that point. So, we are ready to proceed in the manner that I have detailed.

Hon. Senators, Standing Order No.6 requires the Clerk to facilitate any Senator with any disability to vote by invoking such measures as may be necessary. I will, therefore, invite the Serjeant-at-Arms to carry the ballot box in the full view of the House. We will then proceed to where Senator Leshore is seated and allow him to proceed and vote. We will ensure that it is a secret ballot by retreating to permit the Senator to vote.

Hon. Senators, again, we will facilitate Sen. Kipchumba to vote at his place. So, as soon as Sen. (Prof.) Kindiki has voted, we will proceed with the ballot box to the place where Sen. Kipchumba is seated. Again, my team and I will withdraw to facilitate the Senator to vote secretly.

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Hon. Senators, from our records, every Senator present has collected a ballot paper and voted. However, I still avail the opportunity for any Senator present who has not been called or who has not come down to collect a ballot paper and vote. There being none, hon. Senators, Standing Order No.6(6) provides that when it appears to the Clerk that all Senators who were present and wished to vote have placed their ballot papers in the ballot box, the Clerk shall cause to be unlocked the box, examine the ballot papers and having rejected those ballot papers that are unmarked or spoilt, report the result of the ballot; and no Senator who has not already recorded his or her vote shall be entitled to do so after the Clerk has unlocked the ballot box. Hon. Senators, pursuant to this Sanding Order, it now appears to me that all Senators who are present and who wish to vote have done so. Therefore, pursuant to Standing Order No.6 (6), I now direct that the ballot box be unlocked and that each ballot paper be examined. Before we proceed to do that, Sen. Muthama had requested – we are happy to accede to this request - there are three candidates on the ballot namely; Ekwee David Ethuro, Maalim Farah and Omondi Erick Desailly. If there is any Senator present who wishes to be an agent for these candidates within reasonable numbers; perhaps one each, we will be happy to accede to have them present at the table when the tallying is done. So, for Ekwee Ethuro David, I take it that it will be Sen. Kithure Kindiki, for Maalim Farah, I take it that it will be Sen. Muthama and for Omondi Erick Desailly, Sen. Hassan Omar volunteers, his human rights record coming in handy. I will now direct that the Box be unlocked, the contents will then be emptied and there will be a clerk each to take the votes for each of the candidates. One clerk will call out and display each ballot paper prominently and say aloud the person for whom the ballot paper is marked. We will provide a microphone for that purpose so that you can be heard.

The Clerk announced the results of the first ballot as follows:-

Hon. Senators, we have paused to facilitate voting by Sen. Kipchumba Harold Kimunge.

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Hon. Senators, it appears to me that all Senators present and who desired to vote have done so. Therefore, we will accordingly proceed to counting and tallying. I will invite hon. Senators who are so-minded and wish to be agents for the two candidates to come forward. I can see for Mr. Ekwee Ethuro, we have Sen. Murkomen while for Mr. Farah Maalim, we have Sen. Hassan Omar. If we are ready, I will now invite you to unlock and count the contents.

Hon. Senators, Standing Order No.7(4) requires in the second ballot that the candidate who receives the highest number of votes be declared to have been elected as the Speaker of the Senate. The results for the fresh election we held are as follows. The votes cast were 67. There were no spoilt votes.

On a point of order, Mr. Clerk.

Yes, Sen. Mbuvi!

Could we have the agent for Hon. Maalim execute the Form 36 so that he does not go to the Supreme Court with fabricated results?

Hon. Senators that is not a valid point of order. We shall await the advent of the Speaker-elect. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of Order, Mr. Clerk. I can confirm that I signed the form. I was not quite sure whether the other agents signed that form.

Hon. Senators, the forms have been dully signed, we await the advent of the Speaker-elect. We will meanwhile prepare to Swear-in the Speaker-elect. The clerks will proceed to take their places.

Hon. Ethuro): Hon. Senators, I feel greatly honoured and highly privileged today to have been elected to this esteemed position of the Speaker of the Senate. I am humbled by the immense confidence and the trust that you have demonstrated and bestowed on me. I also wish to salute and to thank my able opponents for upholding a high degree of democracy. Allow me, hon. Senators, from the very beginning to convey my sincere congratulations to the entire membership of this House for your successful election. I also want to salute you, my Senators, for giving me this onerous mandate of the Office of the Speaker and for entrusting me with this task and noble duty to serve you. As you assemble here this morning, it is important to visualize the re- establishment of the Senate with a sense of history. The first Senate existed in the immediate post-independence period from 1963 until 1966 when the Provincial Assemblies were scrapped and the Senate itself got dissolved. The Members of the Senate then were combined with those of the House of Representatives into a unicameral National Assembly. The independence Senate was conceived as a model of governance The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir, allow me to congratulate you and inform you that I wish to withdraw my candidature for the election to the Office of the Deputy Speaker of the Senate before the commencement of the ballot. Will I therefore be in order to proceed and table my withdrawal letter?

(Hon. Ethuro)

(Hon. Ethuro)

Order, hon. Senators, Standing Order No.6(6) provides; “When it appears to the Speaker that all Senators present and who wish to vote have placed their ballot papers in the ballot box, the Clerk shall unlock the box, examine the ballot papers and, having rejected those ballot papers that are unmarked or spoilt, report the results of the ballot; and no Senator who has not already recorded his or her vote shall be entitled to do so after the Clerk has unlocked the ballot box.” Pursuant to this Standing Order, it, therefore, appears to me that the Senators who are present and who wish to vote have placed their papers in the ballot box. I now direct that the ballot box be unlocked and each ballot paper be examined.

On a point of order, Mr. Speaker, Sir. You forgot to call out the representatives of the candidates at the tallying point.

Order, Sen. Muthama! I thought that was out of request by the Senators. So, put the request and it will be granted.

Mr. Speaker, Sir, I put in my request and propose that Sen. Ongoro represents Sen. Khaniri, and Sen. Mositet will represent Sen. Kembi Getura.

Hon. Senators, pursuant to Standing Order No.6(6), I will now proceed to announce the results of the ballots as follows:-

On a point of order, Mr. Speaker, Sir. Since there are only two candidates, the rule of two-thirds does not apply.

Order, Sen. Kuti! The rule is not applicable to the number of candidates but to the number of votes you get in the first round of voting. So, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, whoever wanted to vote has voted and so we would wish to start the counting of the votes and their scrutiny but since there was an interest in the agents, maybe the agents can come and witness the counting of the ballot papers.

Order, hon. Senators! Standing Order No.7 (4) requires that:- “The candidate who receives the highest number of votes in the fresh election shall be declared elected as Speaker.” The results of the second round of voting are as follows:-

Order, hon. Senators! We have come to the conclusion of that particular exercise, but I need to give you the requirements on the custody of ballot papers.

Hon. Senators, Standing Order No.10 requires that:- “Immediately the results are declared, all the ballot papers used in the election of a Speaker shall be packed and sealed in the presence of the Senate and kept in the custody of the Clerk for a period of six months and shall thereafter be destroyed.” This provision also applies to the election of the Deputy Speaker. Hon. Senators, the Clerk shall now proceed to pack and seal all the ballot papers on the election of the Speaker and the Deputy Speaker for safe custody in terms of Standing Order No.10.

NOTIFICATION OF OPENING OF PARLIAMENT Hon. Senators, Standing Order No.21 (1) provides that the President shall address the opening of each newly elected Parliament. Hon. Senators, the date of the opening of Parliament shall be determined after consultations between the two Speakers of Parliament and the Executive.

Hon. Senators, there being no further business, the House now stands adjourned until such date as shall be notified as the date set for opening of Parliament. The Senate rose at 1.55 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.