Order, hon. Senators. We need to determine if we have quorum. It seems we have a quorum. Let us proceed.

Order, hon. Senators. I have a Communication to make with regard to the Motion on the Presidential Address, this being the third and final day. Before we conclude the Motion, I wish to draw your attention to the provisions of Standing Order No.69(1), which states as follows:- “When the Senate is to vote on any matter other than a Bill, the Speaker shall rule on whether the matter affects or does not affect counties. (2) The Speaker’s ruling under paragraph (1) shall be made after conclusion of debate on the matter but before the question is put. (3) When the Senate votes on a matter that does not affect counties, each Senator has one vote.” Hon. Senators, I, therefore, rule that the subject matter of the Motion being proposed is one of general interest and application. It is, therefore, not affecting counties within the meaning of Article 123 of the Constitution. It, therefore, follows that to the question on this Motion, each Senator is entitled to one vote. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki: Mr. Speaker, Sir, I rise to make the following Statement. Hon. Senator’s, pursuant to the provisions of Standing Order 43(2)(a), I wish to present the Business for the Senate for the coming week as follows:- On Tuesday 30th April, 2013, the Senate will continue with business that will not be concluded today as listed on the Order Paper, namely, the Motion to approve appointment of hon. Senators to Senate Committees and also the Chairpersons Panel. The Senate will also consider and debate a Motion to appoint an ad hoc committee on Welfare to engage the Parliamentary Service Commission (PSC) on facilities and other matters affecting hon. Senators. On Wednesday, 1st May, 2013, the Senate will not have a sitting as this will be a public holiday. On Thursday, 2nd May, 2013, the Senate will consider and debate a Motion to appoint members of the Parliamentary Service Commission, pursuant to Article 127 of the Constitution before deliberating on any other business as may be determined by the Rules and Business Committee, which is scheduled to meet on Tuesday, 30th April, 2013 at noon. Mr. Speaker, Sir, I hereby lay the Statement on the Table.

Thank you, Mr. Speaker, Sir.

Next Order.

On a point of order, Mr. Speaker, Sir.

What is it, Sen. (Eng.) Muriuki? INAPPROPRIATE INVITATION TO SENATORS BY CIC

Mr. Speaker, Sir, I wish to seek guidance from the Chair. There is an invitation I have received from the Commission for the Implementation of the Constitution (CIC). I believe every hon. Senator has received such an invitation for a meeting scheduled sometime in the coming week. Governors have also been invited. Whereas there is nothing wrong with hon. Senators and Governors meeting, but is it in order to get such an invitation from the CIC or other Government body with no reference to the Senate? On behalf of other hon. Senators, I wish to know whether this was done in consultation with the Chair or the Senate. I believe that some of these bodies should be dealing with us through the committees that we will constitute. 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, the Chair is aware of the invitations. I agree with you that the method which they used to bring the invitations to the attention of hon. Senators may not have been the most appropriate. However, given the need for hon. Senators to be apprised on the mandate and responsibilities of some of these independent commissions, we have agreed we will be able to attend the meeting. But in future, it is important for all parties that are interested in dealing with the Senate to contact the offices of the Speaker or the Clerk before they engage the individual hon. Senators. We have communicated to the CIC, in particular, to this effect.

On a point of order, Mr. Speaker, Sir.

What is it, Sen. Haji?

Mr. Speaker, Sir, since you have confirmed that you are aware of this meeting in Mombasa, we are quite prepared to go and participate in the deliberations together with the Governors. We request the Senate, through you, that we should not be made to travel in economy class while the Governors are travelling in business class. There is a rule that when we are travelling within the country, at least, we should be given the courtesy to travel in business class.

On a point of order, Mr. Speaker, Sir.

Yes, Sen. (Prof.) Lonyangapuo.

Mr. Speaker, Sir, is it all hon. Senators who have been invited to attend this meeting in Mombasa or is it just a few of us because I have not received any notification to that effect? I wonder whether it is in order for us to discuss something that not all of us are aware of.

Order, hon. Senators! Some of these things would be appropriate if you approach the Speaker in his Chambers rather than in plenary. Those are some of the concerns we have when invitations come from third parties. We are not sure who has or has not been invited. My understanding is that all the hon. Senators were to be invited. Indeed, even the Chair has yet to receive his formal invitation. So, may be your mail is still on the way like mine. On the issue raised by Sen. Haji, my understanding was, and may be it has changed now with our new status, that for the sake of prudent utilization of public resources, flights that are really short in duration, like domestic flights within the country such as to Mombasa, should be done in economy class. I remember we resolved this as a membership in the Tenth Parliament. Of course, we expect everybody else to travel economy class. If the Governors are travelling business class, then we will demand first class. If the hon. Senators are travelling economy class, there is no justification for Governors to travel business class. Travel must be in the same class. Mr. Clerk, please, ensure that is complied with.

On a point of order, Mr. Speaker, Sir.

Yes, Sen. Karaba!

Mr. Speaker, Sir, if we have all been invited to attend this meeting and we have indicated that we will travel to Mombasa County, I note that the business for that day will end at 6.30 p.m. Going by issues of insecurity that have been cited in Mombasa County because of the Mombasa Republican Council (MRC), I think we will be safe if we depart at 7.00 p.m. We will use the ferry because Leisure Village is at the South Coast and that is where the MRC base is. Could we be exempted from travelling The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Karaba, we cannot adjourn business because of going to attend to another function. I believe your security is assured. We will liaise with the police officers to ensure that there is safe passage between the airport and the hotel. It is for you to determine when you would like to travel. But travelling cannot be at the expense of our work here. So, we will have a session next Thursday afternoon unless you resolve otherwise, but not for purposes of travelling to Mombasa County.

On a point of order, Mr. Speaker, Sir.

Yes, Sen. Mugo.

Mr. Speaker, Sir, my point of order is also related to the agenda which I got from my sister here. We need to develop clear guidelines on the ----

Use the mic!

Order, Sen. Mugo. Please, use the microphone.

Mr. Speaker, Sir, looking at the agenda proposed, it seems there will be discussions on the roles of the different actors; that is, the Senators and Governors. We also need to come up with a report on the kind of devolution we envisage. Considering that hon. Senators have quite a bit to say about their relationship with Governors, oversight and the roles they play, as opposed to going there with each hon. Senator with their own mind and not having a collective Senate feeling on these issues which are quite weighty, would it not be in order to have a caucus to come up with the position of hon. Senators based on this agenda? We will then speak to it when we are there.

Sen. Mugo, that is a good suggestion. When we talk to the Chair of the CIC those are some of the suggestions we need to caucus before the various groups can meet. We still have a week before the event. We should be able to organize our informal caucus before the major meeting. Hon. Senators, I suggest that if you have further issues on this particular subject, the office of the Clerk is available to receive your suggestions, so that we continue with the business at hand. Let us proceed.

Sen. Karaba, you have five minutes to conclude your contribution to this Motion. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for giving me the chance to continue with the debate on the Presidential Address which was delivered on Tuesday, 16th April, 2013. Before the time business ended yesterday, I was discussing the Address vis-à-vis the kind of development that we continue to enjoy in this country, except in Kirinyaga County. In Kirinyaga County, we grow three major cash crops, namely tea, coffee and rice. In Mwea Constituency, for example, we have the largest settlement scheme in Africa growing the largest amount of rice. We have problems facing the inhabitants. This country continues receiving second class rice imported from Japan and Pakistan at the expense of what is grown in Mwea Constituency. As a result of this, farmers in Mwea Constituency suffer a lot, especially when it comes to marketing the said produce. If the kind of devolution we are talking about will affect the produce and the sales, so that we continue generating enough revenue which later on will be redistributed, as we learnt this morning, it is imperative that the Government has to look into the plight of the many farmers in Mwea Constituency who continue to suffer. Now that the country is experiencing heavy rains, all the crops have been covered by waters from the raging floods. Sometimes there is drought which also affects the same crop. Indeed, when this crop is harvested, there is a lot of money that is generated. Part of that money goes to the central kitty for redistribution. Mr. Speaker, Sir, it is my wish that when we approve the Senate Committee on Agriculture, Land and Natural Resources, they will visit Mwea Constituency. We would like them to understand the problems farmers are facing and see what the Government can do for them. These farmers need to continue growing enough rice whose sales will earn local revenue and foreign exchange for our country. Mr. Speaker, Sir, roads in this area are in a deplorable condition contrary to what majority of hon. Senators may think. The roads are in very bad shape. The raging floods have cut off most of the road network in this area. Most farmers are not able to access the paddy fields. I would like to request the Ministry of Transport and Infrastructure to ensure that areas producing such cash crops are tarmacked and the roads are well maintained. This is the reason roads are tarmacked, to enable access to tea and coffee factories. We also need to have such roads in rice growing areas. We now have bridges which have collapsed as a result of the current heavy rains. This will render farmers in Kirinyaga County unable to deliver their produce to the market. Mr. Speaker, Sir, on the issue of laptops, I was the Chairman of the Departmental Committee on Education in the lower House. I hope to chair this Committee in the Senate. The laptops are a very important tool in our learning institutions, particularly for class one pupils. I visited countries such as Japan, Korea and Malaysia where laptops are used by pupils in class one. There is nothing new if laptops are introduced to children in this country because it has been done in other countries. After all, ambition is what makes a man. There were several people who were ambitious enough to want to become President of this country. However, only one person clinched the seat. It is important to imagine that whoever won, with that ambition, has to make the right decisions. We should give the Government time to implement this programme. I hope the IT professionals and scholars in the educational institutions will be involved in making sure that this dream is realized. This programme is very good. It is important for us to take off The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. May I take the first opportunity to thank the people of Nandi County for their wisdom in electing me as their first hon. Senator. I want to tell them from the Floor of this Senate that I will work to the best of my ability to represent Nandi County. I will ensure that this County leads in development. I also want to take this opportunity to thank my colleagues who managed to go through the same rigorous exercise and were elected as the first hon. Senators under the new Constitution. I also want to congratulate the nominated hon. Senators because of each of them performed certain responsibilities for their parties. They must have been able to stand out in terms of service to their political parties for them to find their way to the Senate. Mr. Speaker, Sir, I would like to congratulate you, the Deputy Speaker, the Senate Majority Leader and the Senate Minority Leader for the responsibilities bestowed on all of you. I hope we will be able to work together in ensuring that we are able to implement devolution in this country to the best of our abilities. Mr. Speaker, Sir, I want to address myself to the Presidential Address. From the outset, I stand to support the Motion. I would like to highlight a number of issues in the Presidential Address. One of them is that the President recognized the role of the Senate in the new dispensation. In fact, he placed it to its rightful position. Since we started our sittings, we have embraced the fact that the Senate is the upper House. That came out very prominently in the mind of His Excellency the President. This is not the lower House as others are trying to portray. I appreciate the fact that the President has placed us there. It is important for all of us to take that advantage of the goodwill from the President in order to place the Senate in its rightful position. We had breakfast this morning with the officials of the Commission on Revenue Allocation (CRA). The Chairman kept on insisting that the Senate has huge responsibilities, powers and mandate. We have been tasked with the responsibility to oversee devolution in this country. I hope we will all remain true to that calling, so that after five years we will have 47 strong county governments performing the 14 functions in this country. Mr. Speaker, Sir, under the current legislative framework, we still need to address a number of issues to ensure that we have a strong Senate. The position of the county assemblies in the running of a County Government is very critical. Therefore, the welfare of the County Assembly Members must be looked into. It is a pity that they will be earning Kshs79,000 per month. If they are not well taken care of they might be manipulated by the Governor. They will not be able to oversee the activities of the County Executive. They are supposed to be the watchdog of the County Executive. Therefore, it is only fair to take care of their wellbeing, so that we have a vibrant county assembly legislative arm. We would like them to enact legislation that will oversee the implementation of the 14 functions of county governments. Mr. Speaker, Sir, in his Address, the President mentioned that there is need to review some of the legislation that was passed in the Tenth Parliament. I know that the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I stand here to support this Motion. First, I wish to record my appreciation and thanks to the people of Embu County for voting me overwhelmingly as their first Senator. I got votes from every corner of the county. My promise to the people of Embu County is that I am up to the task and whatever promises that I made, I will deliver. I wish to congratulate His Excellency the President and the Deputy President on their election and forming the Government of Kenya. I also wish to congratulate all Senators; nominated and elected, because this is the Senate that will make a change in Kenya. Mr. Speaker, Sir, coming straight to the content of the Presidential Address, I wish to notify my colleagues that this, to me, was the best Speech. If you look at the contents, the President did not spend time writing a big book on how to implement each and every policy. That is the best part of it. If you are making policy, you do not have to explain how you will implement each and every bit. This policy document is only 15 pages and looking at it, it addresses the tenets and all the aspects of the 18 Ministries that have been formed by him. If you look at it from the beginning to the last page, you will see that it contained more than the nine pillars he talked about. The devolution policy is virtually carrying all the Ministries. The function of this House is mainly devolution. The actions which have already been displayed by His Excellency the President are a pointer to the same policies that were articulated in the Speech. Unity of purpose is the beginning of how Kenya can unite after elections so that we do not implement policies thinking that we are either different parties or different tribes. We should be thinking as Kenyans. This is a task that this House will have to take on board. Since we represent counties, it would be necessary that whatever we are thinking of doing in each one of our counties, it must reflect the face of Kenya. Mr. Speaker, Sir, the President mentioned infrastructure which is one of the key economic drivers, but on the other hand, it is very expensive. To implement a project like The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr). Zani): Thank you, Mr. Speaker, Sir for giving me this opportunity to contribute to the Motion on the Presidential Speech that was read on Tuesday, 16th April, 2013. This is a Speech full of implied policy. We know very well that if all we have is implied policy then this will cause a problem. This has been a problem for Kenya since Independence. The implied policy which was not clarified should be cascaded down to the different Ministries so that the Cabinet Secretaries are clear about the roles they will play and the specific directions they will take in terms of decision-making. This will create a situation where the manner in which we apply the implied policy is actualized or is made to come to the fore. It is unfortunate that 50 years later we are talking about the enemies we had during Independence. We are talking about the problem of poverty, illiteracy and ethnicity. If we had policies all along that were well put into place, then these problems, over time, would have been eradicated. So, it is very important for us to put that into perspective. The other bit about policy that we have not focused on is the fact that if and when policy is implied, it is important to make sure that it is sustained. For each of the policies from the Presidential Speech, it is important to ensure that it is sustainable and that it is applied over a long period. I remember lots of policies that were put into place and good The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Mungai! Sen. Lonyangapuo, what is it? Do you want to contribute?

Yes, Mr. Speaker, Sir.

You cannot contribute twice. I have been checking and wondering because you were the earliest bird that caught the Speaker’s eye. So, you spoke on day one and you cannot speak on this Motion until it is over. I guess professors have a bit of learning to do?

Mr. Speaker, Sir, thank you for this opportunity that I have been able to catch your eye. The people of Nakuru were The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Senator for Nakuru, your time is up! Sen. Onchwangi!

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I would like to thank the President, the Deputy President and the Chairman of The National Alliance for nominating me to represent the youth. Mr. Speaker, Sir, I support the President’s Speech and request him to form the Ministry of Youth in order to serve them better. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir, for giving me the time to contribute to this Motion. Mr. Speaker, Sir, first of all, I wish to thank the good people of Trans-Nzoia for electing me to this House, in the most peaceful election devoid of negative ethnic considerations. You are all aware that Trans-Nzoia is multi-ethnic. To the people of Trans-Nzoia and Kenya, I pledge to diligently serve to the best of my ability, without fear or favour. 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.

Senator Moi!

Mr. Speaker, Sir, let me take this opportunity, first and foremost, to also congratulate my colleagues for having been elected to this noble House. It was the will of God and the will of the people of your 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.

And even nuclear! 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.

My colleague likes the nuclear sector but that will come at its own time. However, it is the avenue of co-generation that should be looked into. One of the things which I think the Government should do is to compel every sugar factory, before it is licensed, to produce energy as part of its production components just as it is in Brazil. In the case of the existing ones, they should be upgraded so that they have co-generation of power and expand their ethanol. Mr. Speaker, Sir, you know that the sugar industry employs six million people in the western part of our country. We have the Kenya Power and Lighting Company (KPLC). It is important that we have competition in this sector. The KPLC is the sole distributor of power. It is important that we encourage competition. After encouraging competition, we know what happens to prices and at the end, the winners are the people of Kenya. Geothermal is the way to go. There are many components of developing geothermal but one of the greatest components is water. The run-off water which is used to produce steam can be reused to supply towns with water or to create electricity. One of my colleagues talked about health care. I think the important thing is for county governments to find ways to attract health workers to serve the deserving majority of our people. It is important that we consider the staffing modes that are currently skewed to such areas as Nairobi leaving other areas of upcountry without. With regard to low cost of housing, we have a huge problem with this. One of the ways that we can improve this is to have a properly executed mortgage facility. We should have tax exemptions for all employees who are servicing mortgages. If we do that, you can imagine how many people will want to own homes and help us in alleviating the housing shortage we have. We have seen the deplorable conditions that our police service men and women; our brothers and sisters, are living in. That cannot continue at all. As I conclude, we are faced with a myriad of problems. In our area, as you know, we are faced with insecurity and this comes about in the form of cattle rustling and by normal criminal activities by thugs. We have adopted, in our county that we will make sure that we enhance education because lack of education is one of the components which leads to cattle rustling. One of the things we have asked the Government to do is to make sure that they give us plenty of the Kenya Police Reservists (KPRs). We are talking about the KPRs not because we do not have faith in our security services but because the terrain of our area is such that only people who live in that area know how to deal with it. We can go for miles and miles bila kuuliza hata maji . It is important that we get our KPRs. We, as leaders, have said that we will do our best to make sure that education is the first and foremost issue in tackling the issue of insecurity.

Your time is up, hon. Senator!

Thank you, Mr. Speaker, Sir, I support.

Thank you very much, Mr. Speaker, Sir, for giving me this opportunity to contribute to the Presidential Address. First and foremost, I would like to take this opportunity to thank the residents of Narok County for electing me to the Senate. Mr. Speaker, Sir, with regard to the Presidential Address, I would like to comment on the tourism sector. As we are all aware, tourism is the backbone and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I want to echo the congratulations, not just for the Senators in this House but also for the staff because it is a new House and everybody here is new. Therefore, I believe that congratulations are in order for everybody. In supporting the Motion which is the Address of the President, I want to say that I not only heard what the President was saying but also saw the way he was speaking. More often than not, in communication, non-verbal cues, perhaps, tell a bigger story than the verbal cues. As I watched the President speak, I saw passion, determination in his face and the resolve that he had. I saw a President who was also asking us whether we, as a House, would be with him as he walks this successful journey. Those non-verbal cues, to me, told a bigger story than what the President said. The mantle has been given to us 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. Pursuant to our Standing Order No.35, I would wish to get your guidance on whether we have a quorum for proceedings to go on.

We have quorum and I will be hoping that when we improve this Standing Orders, we will also give penalties for those who raise quorum when there is sufficient quorum.

Mr. Speaker, Sir, I beg your indulgence because Sen. Kipchumba is new to this House and possibly needs to read more of the Standing Orders. Mr. Speaker, Sir, the President emphasized a lot on how we are going to value- add and in Nyeri County, one of the activities that we would want to immediately undertake is value adding. To support the President in this endevour of value adding, a lot of legislation will have to be done particularly by this House. For example, if you look at the Coffee Act, and in Nyeri we grow coffee, it would be necessary to legislate and allow counties to take full responsibility for coffee. Other than the current Act that stipulates big roles for Kenya Planters Co-operative Union (KPCU), for the Coffee Board of Kenya and so on, it is an activity that we, as a House, can undertake to support the President in what he wants to do. He also spoke about the television stations having 60 per cent local content. This is a way of ensuring that we create jobs for our young people. At the moment, I believe it is restricted to about 30 per cent or 40 per cent but I know we have the talent in this country, but to support the President in that particular aspect, it is necessary also for us to lower taxes as far as film equipment is concerned. The film industry in this country has been hampered largely by the lack of policy regarding the development of the film sector. I believe that we should legislate so that film equipment is duty free as it comes to Kenya. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, thank you very much for giving me this opportunity to also go on record to contribute to this very important Motion. First, allow me to congratulate you for being elected as the Speaker of the Senate. There has also been one Speaker of the Senate, the first Senate, and you are now the second elected Speaker of the Senate. While I congratulate you, I am not too sure that I am overly excited about you sitting in that Chair because you were very good on the Floor of the House but unfortunately now, you will not be able to join us on the Floor to contribute to debates as we are doing. All the same, I think you are up to the task and hopefully, the Senate is going to play its role as enunciated by the Constitution of Kenya. Mr. Speaker, Sir, secondly, let me join my colleagues who have congratulated all the elected and nominated Senators. I think that together we are going to work as a team. I am saying this knowing that the Senate will have a very important responsibility, particularly in bringing about unity and bi-partisanship in the debates and discussions of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Your time is up, hon. Orengo!

(Sen. Orengo)

Order Senators! Noticing that there are no more Senators interested in contributing to the Presidential Address because they have been exhausted, it is now time to put the Question. But before I do so, I would want to remind you of the communication I had made earlier in terms of the provisions of Standing Order No.69. Before I put the Question, the Mover should reply and you have 20 minutes to do so.

Thank you, Mr. Speaker, Sir. I stand in for the Senator Leader of the Majority who has stepped out for some Government duty. I beg to reply. Mr. Speaker, Sir, indeed, it has been a debate that we have seen the Upper House perform its duty of, first of all, appreciating that this is one country and we will have to work together to see that the Government implements what is contained in the Presidential Address. I want to appreciate the sentiments of all the Senators and say that the Government is ready to work with the whole House. We will take positive criticism. Indeed, we will be able to communicate back to the President that we need to look seriously into issues of agriculture, devolution and infrastructure that is affecting most of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Members! Before we proceed to the next business, subject to the provisions of Standing Order 39(2), I wish to direct that instead of taking Motion No.9, we take Motion No.10 first and then we conclude with Motion No.9. I also have one more communication to make.

Senators are fully aware that concern has been raised on the challenges of the facilities and infrastructure of the Senate. These concerns have been raised elsewhere and even from the Floor of this House during the contributions to the Presidential Address. Let me take this opportunity to inform all Senators that the question of Senate facilities and infrastructure is being looked into and particularly by the Rules and House Business Committee. I want to confirm that last week and this week, we have secured the first up to the seventh floors of KICC for office accommodation for Senators. However, due to the gravity and urgency of the matter, the Rules and Business Committee has recommended that a task force be established to engage and liaise with the Parliamentary Service Commission (PSC) and other relevant organs and institutions of the State in order to have these challenges addressed expeditiously. Consequently, following the proposals of the Rules and Business Committee, I have appointed a taskforce comprising the Senators listed below to be the link between us and the PSC:- (i) Sen. Beatrice Elachi The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I beg to move:- THAT, pursuant to Standing Order No.16, the Senate approves the following Senators to be Members of the Chairpersons Panel and further pursuant to Article 107(1) (c) of the Constitution, to be elected to preside at any sitting of the Senate in the absence of the Speaker and the Deputy Speaker:- Sen. Kipchumba Murkomen Sen. Masha Elizabeth Ongoro

Mr. Speaker, Sir, I beg to second the Motion and hope that the two Senators will be ready and available to be in the Panel and more importantly in order to be prepared to sit in for the Speaker, I would wish that they are tutored by the Speaker himself, because I think in the last Parliament, you really made us proud by being in the Panel. Sometimes I really thought you were the substantive Speaker. So, I hope these Senators will be ready and available to help the Senate discharge its duties and responsibilities. I beg to second.

Mr. Speaker, Sir, I beg to move:- THAT, pursuant to Standing Order No. 177, the Senate approves the following Senators nominated by the Rules and Business Committee to be Members of the respective Committees as indicated below:- 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 information, Mr. Speaker, Sir.

Deputy Leader of Majority, do you want to be informed?

Mr. Speaker, Sir, yes.

Mr. Speaker, Sir, instead of her reading all these names, it is possible for her to move it as it appears on the Order Paper.

I am not sure whether it is for her or the Chair to determine that.

On a point of order, Mr. Speaker, Sir. Would I be in order to request the Chair to guide us as to whether it is possible to say that the list be moved as per the Order Paper?

That would be okay but I wish to direct as follows: This being a new House, I think it is important in moving the Motion, which means reading out the names, that the Deputy Majority Leader reads out the entire list. However, when the Chair will be proposing the Question, it will be easier to say; as per the Order Paper because it will already have been spelt out. Therefore, subsequent questions put will be as per the Order Paper. I think that makes it clearer. I also think that hon. Senators would like their names to be heard so that the public knows the kind of Committees they belong to especially since the Constitution requires public participation. They may wish to know who is in which Committee. Proceed, Deputy Majority Leader, along those lines.

Mr. Speaker, Sir, I will start again.

Who is seconding?

Mr. Deputy Speaker, Sir, I beg to second. The formation of these Committees is important for the operations of the House and there have been consultations through the leadership of the House; the Senate Leader of Majority and the Senate Leader of Minority, the whips and the Rules and Business Committee. This is a true reflection of who should form the Committees as required under the Standing Orders. Just one little matter of detail, I was just wondering why the names are the way they are. Probably the Clerks would advise. When you have a name like Sen. Ntutu, Stephen ole, does this formulation really make sense? It should be Stephen ole Ntutu.

Mr. Deputy Speaker, Sir, I would not like to be given a new name called Haji Yusuf. My name is Mohamed Yusuf Haji.

That is what I was trying to say. You can only have one name. Like in Lamu, you can find somebody called Abdallah Mohamed, but Mohamed Abdallah is not the same person. So, the Clerk should look at the order of names so that when I refer to my very good friend, the only lion in the Senate, his name is Wilfred Machage and not Machage Wilfred. Other than that, I beg to second.

I take seriously what Mr. Orengo has said about the names but as a matter of fact, I think it is incumbent upon us, as Senators, to indicate to the Clerk how we want our names to be read. The reason I put a hyphen in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I rise to support this Motion and in so doing, I would like to commend the Whips who have done an excellent job in negotiating with the various political parties in the House to produce a list that is in compliance with the Constitution of Kenya in terms of diversity, gender, youth and regional representation. I would also like to commend them for taking into account the various qualifications and experiences of various Members of Parliament like Sen. Yusuf Haji and Senator No.1, Mr. G.G. Kariuki, who have been powerful Ministers of Defence and Foreign Relations, especially remembering that Sen. Yusuf Haji has been with troops in Somalia pursuing Al Shabaab . I think it is appropriate that he serves in this Committee of Defence and Foreign Relations, not to mention the emeritus Attorney-General, Sen. Amos Wako, the longest serving Attorney-General in the Commonwealth serving in the Committee of Legal Affairs and Human Rights. Mr. Deputy Speaker, Sir, while commending them for this very comprehensive list, for the Senate to be effective in the oversight role, especially oversighting the county governments, we have to create new specific committees charged with the task of oversighting those governments. I am speaking specifically with regard to the committee to examine the accounts of the county governments. In Parliament, we had the Public Accounts Committee (PAC). So the Senate has to have a similar committee for it to effectively audit and oversee the accounts of the county governments. I would propose that this House in due time considers establishing a County Accounts Committee (CAC) which will be examining the expenditure of the county governments. In the same vein, it is also incumbent on us to look at the investments being made by the county governments because we said that the county governments are going to be centres of productivity which will attract a lot of investment, both local and foreign. It is for us who have the oversight role of those counties to make sure that appropriate investments are being made so that we do not end up with white elephants. It will be necessary for the Senate to establish a Counties Investments Committee which will also oversee the investments being made in various counties. I do believe that we have that power, both under the Constitution and the Standing Orders, and it is for us to empower ourselves, to be able to effectively discharge our functions, through amendment of the Standing Orders to create those two Committees. Mr. Deputy Speaker, Sir, with those few remarks, I beg to support this Motion.

Mr. Deputy Speaker, Sir, I concur, first of all, with my colleague---

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Mr. Deputy Speaker, Sir, I also rise to support this Motion. Mr. Deputy Speaker, Sir, I agree with my colleagues that some of the Standing Committees that we have listed here – they are seven in number – are so huge that if we leave them the way they are, we are not going to perform as required by this House. I remember in my previous life as a Permanent Secretary in the Ministry of Public Works a situation where Ministries would queue to see the Committees of Parliament. So, it may be appropriate that we amend them. For example, the first one is the Committee on Agriculture, Land and Natural Resources. We have just noted that Agriculture, Livestock and Fisheries is a new Ministry that has been created. We also have a lot of issues to do with land which may need to be looked at thoroughly at the Committee stage. So, I would propose and second that we may need to look at these Committees and if need be, simplify and reduce them to appropriate sizes for Senators to discharge their duties. Mr. Deputy Speaker, Sir, I support the list. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Mr. Deputy Speaker, Sir, for giving me this chance to contribute to this Motion. Mr. Deputy Speaker, Sir, as has been said by other Senators, it is important to note that most of these Members who form the Committees are known to have belonged to those sectors, going by the background of their careers. The whips must have done a very thorough job to trace the backgrounds of all these Senators, so that they could fit in the Committees as per the list. Mr. Deputy Speaker, Sir, as has been said, some of the departments under these Committees are massive. For example, Education which takes two-thirds of the national Budget has been put together with Information and Technology. Even if Education was to be alone, it would be even bigger than many others, going by its expenditure. I, therefore, join other Senators in suggesting that the Committee on Education, Information and Technology be split, so that Education is left alone. Education includes basic education, higher education, technological colleges, polytechnics and the like. I think that it would even be better to split it further into three departments. Mr. Deputy Speaker, Sir, I note that there is some bias in some Committees. Maybe the experience is there, but I also note that there are some names which are not in any Committee. I do not know whether it was by choice or it is some Senators who decided not to be in any Committee. I also note that there are some names, like mine, which are appearing thrice. I could be happy about that, but there are some people who are not happy that they are appearing only once. So, could there be a rationale of having these Senators well distributed, so that we can have all Senators feeling that they belong to this Senate? Mr. Deputy Speaker, Sir, I beg to support.

Mr. Deputy Speaker, Sir, I stand to support the Motion and agree with a number of comments made by my fellow Senators. It is important that these Committees are fully constituted and I hope that we will move quite fast in getting the leadership of these Committees so that we are able to get running. I would like to agree with the Sen. Murungi on the need to set up a few more specific Committees that will be able to help this House in undertaking its constitutional mandate of oversight over the county governments. Maybe to add that in terms of setting up more Committees, it is important to note that for us as the Senate, we are doing our job in terms of looking at the county governments. Maybe it would be important for us to realign some of these Committees with the 14 functions that are constitutionally given to the county governments. I know the National Assembly has Committees with regard to the various Ministries at the National Government. It may be important for us to realign some of these Committees in order to respond quite well to the 14 functions that are constitutionally given to the County Government. I support.

Thank you very much, Mr. Deputy Speaker, Sir. I also wish to support the list and congratulate the Rules and Business Committee for looking at the capacities of all the Senators who are here and what they can offer to the Committees. I am glad that I am one of those who have been selected to be in the Education, Information and Technology Committee although I indicated that I could also serve in other Committees. I am one of those who have been selected to serve in only one The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, really, there is not much to say on this Motion because every Member of the Senate is competent to be a Committee Member. Therefore, there is no need to really talk too much about it, except that I personally always wish to understand and to know the sources of each particular problem. Hon. Senators are talking about the need for additional committees. My biggest question is: Have our Standing Orders which direct that there will be these types of Committees been exhausted well enough? Did we go through them and get satisfied that all the committees that are supposed to be set up in our Standing Order and also in the Constitution have been created? It is very important that we do not do things traditionally; because it has been done before, we must continue doing the same. I think we must become very independent thinkers; people who can produce something new and not just to be treated with a situation where all of us try to wonder whether there is need for a, b, c or d. There would be no problem having a small meeting for the Rules and Business Committee. They ought to have sat down and satisfied the Senators of this august House that all the things that are required to be done from the Constitution have been fully done and whether we left room in our Standing Orders that we need to go back to. Those are pertinent questions and I think next time we need to go through them. Mr. Deputy Speaker, Sir, I support what others have said. The only area that I may not feel comfortable with is what Sen. Kagwe suggested; that we should have an oversight office in the governor’s office so that we can report on time. I do not think we have that executive authority unless we create it through a statute law so that we are able to directly supervise these people. I agree that it is clear in the Constitution that our duty is to protect and manage those people in terms of provision of rules and regulations, but we do not want to create a monster somewhere; a person that everybody will be worried about; a fellow from the Senate who will always be present to listen to the county legislators and to immediately report to the Senate. The Clerk of the Senate will have to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Yes, the Senator standing!

Mr. Deputy Speaker, Sir, I am Senator Harguara Godana from Marsabit County. I would like to support this Motion. My observations, as others have said, are that as we plan to oversight on the County Governments, the Committees we have should be tailored to concentrate on their functions which should appear in the way the Ministries are formed. The naming should be in line with that. The other issue is about placement of Senators in specific committees based on their preference. We have different areas of competence and this is something that we made clear to our party leaders in the Rules and Business Committee. Personally, I am a civil engineer by profession and I had asked to be placed in the Energy, Roads and Transport Committee. That is where I feel I could have contributed better. I tried to get it but I am now in the National Security and Foreign Relations Committee. Therefore, next time, when people present their areas of preference; where they think they can contribute more and be of good use to this House, this should be taken into account.

Order, hon. Senators! Does the Deputy Leader of Majority wish to reply?

Thank you, Mr. Deputy Speaker, Sir. First of all, I would like to thank all the Members. Indeed, these are Committees that will operationalise this House in terms of functioning. I believe that as they go into Committees, they will work as one and to move the agenda of the Senate. I beg to move. Hon. Senators, pursuant to Standing Order No.69, I rule that this is an open Motion and not a matter affecting counties. Therefore, each Senator has one vote.

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Hon. Senators, there being no other business, the Senate stands adjourned until Tuesday, 30th April, 2013 at 2.30 pm. The Senate rose at 5.55 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.