Hon. Senators, our first Order is, of course, to determine if we have a quorum. We do not appear to have a quorum. I order that the Division Bell be rung.

Hon. Senators, we now have a quorum. I request that the ringing of the Division Bell be stopped, so that we can proceed with the business scheduled for this morning.

Mr. Deputy Speaker, Sir, I rise this morning to seek leave to move for the adjournment of the Senate at a time determined by the Speaker to discuss the issue of flooding in this country. The problem of flooding has been with us in the last two months. We, as the Senate, note that not enough attention has been given to address this issue. Only two organizations; that is, the Kenya Red Cross (KRC) and the Ministry of State for Special Programmes have put in effort to address this problem. In fact, various organisataions are doing different things to mitigate against the effects of floods in this country. There is no sense of co-ordination. Mr. Deputy Speaker, Sir, this is a matter of urgent national importance. As recently as yesterday, a six year old child lost her life as she was looking for an 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, Sen. (Dr.) Zani. You have the numbers. Hon. Senators, in view of that notice and the fact that the hon. Senator has support from other hon. Senators, I direct that this Motion shall be moved and discussed not later than 5.00 p.m. today. Let us proceed to the next Order.

Next Order.

Hon. Senators, this is a continuation of the Motion moved by Sen. Orengo. It does not appear any hon. Senator had a balance of time. Let us continue from there. Yes, Sen. Musila!

Thank you, Mr. Deputy Speaker, Sir. I stand to support the Motion by Sen. Orengo. This is a very important Motion because it concerns the transfer of debts owed by counties to the central Government. Yesterday, several hon. Senators expressed their concerns that there are many debts that have been inherited by counties from the former county councils. If these debts are transferred to the county governments, these governments will not be able to deliver the services that are expected of them from the people. But of all concerns is the worry that this Senate has heard from the beginning that the Central Government does not appear to be supporting devolution. We were comforted when His Excellency the President was opening Parliament because he assured the nation that his Government was committed to supporting devolution. He even reiterated that the Government had no choice, but to support devolution. However, the events of the recent past do not support the fact that the Government is supporting devolution. I want to draw the attention of my fellow hon. Senators to an action taken by the Transition Authority (TA) last week. The TA transferred staff from the Central Government to county governments. Over 2,000 civil servants have been offloaded by the Central Government to serve in Kitui County. I am sure other counties will find even bigger numbers of civil servants having been transferred. I cannot imagine how many have been transferred to, for example, the Chair’s County, Murang’a County, if Kitui County is getting 2,000. This means that all the little money that is being allocated to the counties will go to salaries. In addition to over 2,000 staff that have been offloaded by the Central Government to serve in various counties, the counties are also inheriting staff from the former county councils. The county governments will have a very bloated payroll. On top of that, these counties have got debts which were committed by the former county councils. Mr. Deputy Speaker, Sir, the point I am making is that this Senate needs to stand firm. Since we started we have been lamenting about the lack of Government support in the counties. But we do not seem to be going very far. We need to move from rhetoric to some form of action, so that we get assurance by the National Government that they are, indeed, supporting devolution. The strategy is that this Senate takes action immediately to suspend, if not stop, the transfer of civil servants to local authorities because it will have a very negative effect on the functions of counties. For the information of the Senate, counties have already been given the names of the staff who have been transferred alongside their job groups and salaries, so that they The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir. I stand to support this Motion by Sen. Orengo. The Motion has come at a most ideal time. This is the time when we are planning to set up the local level governance structures in the most appropriate manner, so that whatever we do at that level can be sustainable. Mr. Deputy Speaker, Sir, as has been said by hon. Senators, any new thing has its teething problems. This Motion has come at a time when county governments, as various hon. Senators before said, are actually struggling to find out what they have to do with the workers who served in local authorities before the establishment of our county governments. From the time of inception of the Local Authorities Transfer Fund (LATF), the Ministry of Local Government, as we have known it before, has actually given a window to chief officers at county councils or municipal councils the ability to constantly loot in collusion with technical officers from the National Government. There was no clear policy framework regarding Local Authorities Transfer Funds (LATF) and they have allowed people to continue paying debts running into billions of shillings using this Fund. Over the last ten years, it has actually created these problems. That is why county governments have to face these problems. This is really a bottomless pit. How do we keep on pumping in money and use it to clear debts? We complained about this matter in the Eighth, Ninth and Tenth Parliaments. It is incumbent upon the national Government to pick up this matter and take over all liabilities, so that we start on a clean slate. Mr. Deputy Speaker, Sir, for now, the worst part of it is the fact that the TA is not working with the county governments in a harmonized manner. We require a concerted effort. The challenge in this country is not the lack of knowledge, skills or resources, but it is the lack of coordination. Ministries have been working in a compartmentalized manner. I do not know whether the current Cabinet Secretary nominees will do better. If politicians-cum-technocrats could not achieve much, I do not know what technocrats alone will be able to achieve. Let us hope they will bring in some input that is better than what we think. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for giving me this chance. I want to start by confirming my support for this particular Motion which is founded in the Constitution. The point that Sen. Orengo is trying to emphasise is the use of devolved resources. Article 175(b) speaks on this issue very emphatically. Allow me to quote, it says:- “County governments established under this Constitution shall reflect the following principles–– (b) county governments shall have reliable sources of revenue to enable them to govern and deliver services effectively;” Why is this reflected in the Constitution? The drafters wanted a situation whereby it was clear that resources going to the county governments were meant to enable the counties govern and offer services. Payment of debts is not offering services. The Government has a policy on the management of debts. The debts we are talking about were not incurred by county governments. Therefore, it is an act of burying its head in the sand when the Government wants to hear nothing or see anything of the debts that they incurred. They want to ask the Governors to take over such debts. Distinguished hon. Senators, we have created a minefield for our political colleagues, the Governors. If events continue moving the way they are doing, all our colleagues will not be re-elected because on the time of nomination day they will find themselves in jail for these debts. If they will not be in jail, they will be dead because people who have not been paid might even choose to kill them. Alternatively, they will simply be voted out because they will become so unpopular. It scares me that beyond these debts, Governors are today taking up the responsibility of the bloated staff that hon. Musila has just spoken about. When a Governor will attempt to sack all the former employees of the county, municipal and city councils, that man will be dead. He will not even walk in town because a big chunk of these employees come from these counties. They will be saying:”We did not vote for you, Mr. Governor, so that you come and sack us. We voted for you to create employment.” We must protect our Governors. Mr. Deputy Speaker, Sir, allow me to refer to Article 186(3) of the Constitution. It says:- “A function or power not assigned by this Constitution or national legislation to a county is a function or power of the national government.” There is nowhere in this Constitution where we assign settlement of debts to county governments. Since Article 186(3) says that when this is not assigned, then it is a function of the National Government, automatically the Treasury should realize that this is their responsibility and they cannot pass it over to the county governments. 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, Sen. Khalwale! You must stick to the Motion, unless you want me to ask you to clarify what you are getting into now.

Mr. Deputy Speaker, Sir, I was just talking about what I see when I fly over the counties of Kenya.

Sen. Khalwale, please, stick to the Motion.

Most obliged, Mr. Deputy Speaker, Sir. As I end this, it is my dream that when my children will fly over Kenya, they will see an equal Kenya and not a Kenya which is unequal. Mr. Deputy Speaker, Sir, with those many remarks, I thank you for the correction and I beg to support.

Sen. Wamatangi, you may want to clarify some of the issues raised by your colleague.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Motion. Indeed, it is very true that unless some of the debts which are currently being serviced by the counties are written off or taken over by the Central Government, it is obvious that the county governments will not deliver. Mr. Deputy Speaker, Sir, this Senate has been mandated by the Constitution to be the caretaker of the county governments. It is, thus, our responsibility to ensure that if we do find that such debts are going to cripple or become an impediment to development, then we take the correct and appropriate action in ensuring that those debts are, indeed, taken over. Mr. Deputy Speaker, Sir, it is also a responsibility of this Senate to act responsibly in ensuring that all legislation that we pass does, indeed, meet the intended purpose. For example, a few years ago, in the now Nairobi County, millions of shillings 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.

As Senators would realize, the balance for this Motion was one hour. So, whoever is going to contribute now has only five minutes. Yes, Sen. Wako.

Mr. Deputy Speaker, Sir, first, I want to thank the Senator for Siaya for bringing this Motion. To me, it does nothing, but to clarify the constitutional provision. I will be very brief. Mr. Deputy Speaker, Sir, the Section 3 of the Transition to Devolved Government Act states that the object and purpose of that Act is to provide for the audit, verification and transfer to the national and county governments of assets and liabilities--- To 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.

Order, Sen. Wako! You time is up!

With those few remarks, I beg to support.

Does the Leader of Majority wish to respond to this Motion? If you do then you have 15 minutes.

Mr. Deputy Speaker, Sir, I wish to donate five minutes to Sen. Billow.

Mr. Deputy Speaker, Sir, after looking at this matter seriously, I rise to oppose this Motion because of a number of reasons. One, if these debts of the local authorities are transferred to the national government there will be an element of inequity or an element of unfairness to the extent that whatever debt the national government takes and pays will be borne by all citizens of this country because it is going to affect the national resources that will be available for use. These debts have been used by a particular local authority, so it would be unfair for the people of Mandera County, at the national level, to pay for the debts of Kakamega Municipal Council or the excess of the City Council of Nairobi. For example, Nairobi city council has a debt according to the Governor, of about Kshs30 billion. Why would the people of Mandera County suffer for the excess of the City Council of Nairobi? I do not understand. The Nairobi County has taken over the city council and when resources are allocated according to Article 203 of the Constitution, all the factors have been looked at. The second reason I do not support is that we might send wrong signals to the counties. Already we have seen a situation where many county governments have factored huge debts in their budgets for the next financial year. What is going to happen a year down the road? They are going to end up with public debts. Are we going to come here and say that public debts must be taken over again by the national government? We are going to send a wrong signal if we start suggesting that those debts be taken over. 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! Your time is up! 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 will take my time. First of all, I want to thank hon. Senators for their contributions. After 2007, I believe we had some local authorities that were managed by our brothers from the other side. The Minister for Local Government was also from that side.

Which side?

The CORD side. It was ODM which is still CORD.

What about Wiper?

Wiper was in the Government at that time but it was not heading the Ministry of Local Government.

That point will be struck off or be ignored for record purposes.

Mr. Deputy Speaker, Sir, it would be wrong to come and tell Kenyans that we have to pay debts without auditing each county council. This House has an obligation to meet the TA and to ask some of these questions. If the Chairman of the TA followed due process, we would have known the debt of each county council. The Government released money to counties. For example, Pokot County received Kshs47 million, but in one week, they had spent everything. It means that other county councils also received the same figures or even more. We have to start thinking how we move on in this country. Indeed, it is so sad for Kenyans to be paying tax and then we ask the Government to pay debts which were irregularly incurred by local authorities. We must ask ourselves what kind of debts we are paying. Are we paying debts where money went into pockets of individuals who we should be taking to court? We will end up having the Governors being taken to court soon because they cannot even question some of these debts. For example, they cannot even question why they are receiving Kshs300 million to build a house when they cannot pay those debts. We thought we were bringing in a new government in the devolved system that can question some of these things. If I were the Governor, I would think twice before I take this money to build an office or a house when there are debts worth millions of shillings to be paid. I will start with the payment of debts if I am willing to serve the people. But the Governors are not talking about Kshs300 million they are given to build offices. They are talking about salaries. They have to be serious in tackling these problems. It is time we, as Senators, ask ourselves whether we still need this TA. This is because the work they are doing is supposed to be done by us Senators. I urge the President to wind up the TA because the Senators will hold the Government accountable. There should be no conflict between us and them. It would be wrong for us to pass this Motion. We channel all debts to the relevant Committee of Devolution for validation. We need to know how much is owed by Kakamega County, so that we can decide whether the Government can pay in phases or not.

Thank you. Sen. Orengo. You have ten minutes to reply. 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 am going to ask for your direction at the conclusion of my response. Could you direct that the count be taken at a particular or appointed time so that we will be able to have as many delegations being able to register their vote? That is, if it is possible; there has been precedence for this during the first Motion that was brought before the Senate where voting was postponed to an appropriate time.

Are you making an application, Sen. Orengo? Under what Standing Order, are you making that application?

Mr. Deputy Speaker, Sir, it is under Standing Order No.51. I had organized all that, so---

But that will come after the Question is put. Before we respond---

You go through the whole Motion and then at the appropriate time, you make the request as necessary. I am aware of Standing Order No. 51---

I am much obliged, Mr. Deputy Speaker, Sir. Could I, again with your permission, give five minutes to hon. Kajwang before I make my response?

Proceed.

Mr. Deputy Speaker, Sir, I want to thank Sen. Orengo for giving me three minutes of his time. He has changed his mind from five minutes to three minutes. I had a good speech to make, but now I do not have the time to do it. I will now go straight to what I want to say. Mr. Deputy Speaker, Sir, when we talk of these debts, whose debts are they? Are they the county government’s debts? Did the county governments incur these debts?

They did not!

Why must they pay them?

They should not!

Mr. Deputy Speaker, Sir, these debts were incurred by the national Government through a department called the local Government, and each debt was signed for by the Minister for Local Government of the national Government!

You talk as if these people belong to the moon somewhere. These are not our debts and we do not know who incurred them. Who incurred them? Who should pay them? When you talk of Homa Bay Municipality, for example; this council had a budget every year and that budget had to be approved by the Minister. That budget had all the expenses, including payment of debts, and the Minister approved it. We know the history why they did not have the money to pay debts. Of course, there could have been corruption. There has also been corruption in national Government. They have been paying these debts, including Anglo Leasing. So, the national Government has the job 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.

Mr. Deputy Speaker, Sir, I gave two minutes to Sen. Hassan.

Mr. Deputy Speaker, Sir, I am here just to remind the Senate of its responsibility; its responsibility is to protect the interests of the county.

Do not speak as if you are representing largely and fully the interest of the national Government. You might be in an arrangement of a coalition which forms the Executive, but your interest in this Senate is defined. There can be no better interest than to give a clean slate to our counties to start afresh, notwistanding how these debts were acquired, because it is the responsibility of that national Government that was here to pay these debts. I do not feel it is appropriate for the people of Mombasa to start on the devolution agenda on account of a debt acquired from sources or departments that they do not know. We talk as if we are ignorant of the fact that municipalities were little condominiums for the national Governments. They were managed by town clerks who took direct authority and direct instructions from the national Government, the Permanent Secretary and the Minister in charge of Local Government. Let me remind you, again, Senators; your people elected you here to defend their interests and no other interests.

Mr. Deputy Speaker, Sir, if ever anybody was in doubt about what the Senator from Mombasa has just said, there was one time when the late hon. Oloitiptip said: “There are only two leaders in the country;” and that is the President, who was in charge of the national Government, and then the Minister for Local Government, who was Oloitiptip. This is because he was in charge of all local authorities. If you go and look at the Local Government Act and look at the powers of the Ministers, which were implemented and executed by the Minister for Local Government, the power to incur 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. Deputy Speaker, Sir. Is the Senator in order to mislead the House that the county governments are taking over only liabilities when, in fact, they are also taking over the assets of the local authorities? In fact, the value of the assets in most local governments far exceeds the liabilities that those county governments are taking over.

Mr. Deputy Speaker, Sir, if ever there was anybody out of order, it is the Senator for Mandera. He is totally out of order because that would mean the assets, including land, that the Mandera County Government owns will be disposed of to pay debts. I mean, that will be a wrong beginning because a lot of these assets really are in terms of land and fixed assets. But liquidity is almost zero. They cannot take care of these debts. Therefore, I plead with my fellow distinguished Senators to support this Motion. Mr. Deputy Speaker, Sir, I withdraw my earlier request. If the numbers are there, we should proceed to vote. I would want it to go on record as to who rose to the occasion to support the county governments and those who were against the county governments.

Order! Order! I note that Sen. Orengo has withdrawn his earlier request, which he had made informally. Now, before I put the Question, again, I would like to draw your attention to Standing Order No.69, which you are now very familiar with, where we have to make a ruling on whether or not this matter affects counties. You are aware that when the amendment came up, the ruling was that it affected counties. My ruling now is that according to Standing Order No.69, this Motion affects counties. Therefore, when I put the Question, each county delegation shall have one vote only as in the past. If the head of delegation is not here, then the designated person or Senator from that delegation will then be allowed to vote. I draw your attention to Standing Order No.73 on the Roll Call, because we are going to proceed to a roll call; and also to Standing Order No.74, again on the procedure when we get to a roll call. I do not intend to read it, but you can look at it in your Standing Orders. In which case now before I put the Question, I would direct that the Division Bell be rung for eight minutes and then we shall proceed to vote. So, let the Division Bell be 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. Members, the Teller for the Ayes will be Sen. Ongoro while the Teller for the Noes will be Sen. Sang. The Senior Deputy Clerk will proceed to call out the names in the presence of the tellers. When called out, each of you, as Senators will rise in your place and declare ascent or descent to the question. As you are aware, you will vote yes, no, or abstain. There is no fourth option.

Sen. Ongoro

Sen. Sang

Order, hon. Senators! The results of the roll call are as follows.

Order, hon. Senators! The Senate is still in session. Please, consult quietly. Sen. Moi and Sen. Sang, order! Proceed, Sen. Musila.

Thank you, Mr. Deputy Speaker, Sir. I beg to move the following Motion:- THAT, noting with concern the skewed infrastructural development in Kenya, particularly in the road sector; aware that without suitable roads to connect all counties the nation cannot meaningfully achieve the development goals envisaged in our Vision 2030; noting further that in his Presidential Speech on the occasion of the State Opening of Parliament on 16th April 2013, His Excellency the President promised the nation to “improve local roads so that our people can move freely across our nation;” the Senate resolves that the national government takes immediate steps to correct the skewed roads development in Kenya and requires the Department of Transport and Infrastructure to submit to the Senate through the Senate Committee on Energy, Roads and Transportation an annual report of roads development programmes covering all counties in Kenya, beginning July 2013.

Mr. Deputy Speaker, Sir, in this Motion, I want to draw the attention of the Senate to the historical development of infrastructure. I want to emphasize right from the outset that I am not laying blame to any part or county of this country, because what we want is to correct the imbalances of development, so that we may move forward as a country, in accordance with the new Constitution. As we are all aware, the development of infrastructure in Kenya since 1963 has been skewed and there is no argument about this. This is simply because the policy of successive Governments since Independence has been based on two factors. First, it was based on the false premise that the rural network should cover the so-called productive areas. Therefore, those areas that were deemed “unproductive” were left out of any roads development. Also, and this was very wrong, those in power made sure that the areas they came from got paved roads. Therefore, if your county did have luck to have any 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. Wetangula.

Thank you, Madam Temporary Speaker. I support the Motion. Hearing my brother, the Senator from Nyeri – one of the most favorite counties in the country – speak the way he did, I feel very happy that we are approaching this process of correcting historical imbalances in a bipartisan manner, and that this country must develop equitably and, at some level, equally. Madam Temporary Speaker, the road network is critical for development and if you look at the report that Sen. Musila was referring to, the table on observations says that counties that have more roads covered are again the most economically strong, while those with poor roads are economically challenged. This is a reality; you look at the matrix provided and you see that some parts of the country enjoy a very vast and robust road network while others have nothing. But, Madam Temporary Speaker, we all know the history of this country and I think as a Senate, we do not want to drive with our eyes on the rear view mirror; we want 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.

Kajiado Town.

For you to go to a place which is very close by, in Magadi, you have to come back to Nairobi in order to get to Magadi; something which is very, very embarrassing 50 years after Independence. Yet when you cross from Kajiado to Magadi, the entire area looks very productive, very green and very good for agriculture, and this can be said of everywhere. So, I want to urge that as we support this Motion, we should start broadening our thinking; that we need reports from every department. I want to urge the Mover of this Motion to, perhaps, talk to one or two colleagues who have more time than me to bring an amendment to include light rail systems that will be able to complement the road network in this country for faster growth. Madam Temporary Speaker, with those few remarks, I beg to support.

Thank you very much, Madam Temporary Speaker, for giving me yet another opportunity to contribute to this very, very important Motion. Madam Temporary Speaker, the current Constitution recognizes that there are areas of this country which are really marginalized and, therefore, every effort must be made by the Government to ensure that this marginalization does not continue and that it should be corrected as soon as possible. Madam Temporary Speaker, the question of roads, which was brought by my best friend, hon. Musila, is coming at the right time when we have a Senate, which is supposed to protect the interest of the devolved government in every respect. The marginalization in terms of roads is real and nobody can really deny it. As I stand here, I remember in 2007, I wrote to His Excellency President Mwai Kibaki, about the state of roads in my constituency then, Ijara, particularly between Mombasa, Malindi, connecting us in Ijara. There is a road which is called Garsen-Ijara Road and it is only 68 kilometers. All I was asking for was just a murram road; not even a tarmac road; and also small bridges and drifts which are properly done so that it is passable in all weather. The then Head of Civil Service was told to take action about this road. I have a letter which he wrote to the Permanent Secretary, Roads – who is now the Minister in charge of Roads 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 for this opportunity to speak to this very important Motion on infrastructure. We all know that for any development to take place, you have to begin by improving the state of infrastructure. We know that the Roman Empire grew because of the roads that had been laid to connect the various parts of the empire where people and goods and animals could freely move. Let us not forget the trade. Infrastructure is not only for the free movement of persons. Infrastructure facilitates the free movements of goods and services. One of the great contributions by the previous Government was the emphasis on the improvement of infrastructure which benefited many areas but left out others. I am sorry to say that Busia was one of those which did not benefit. I will agree with what has been said about marginalised areas. However, we are not just thinking about the traditionally marginalised areas; the north eastern region, among others. As far as the road infrastructure is concerned, Busia is also a marginalised area and that must be taken into account. If you look at the notes that we have just been supplied, you will see that Busia County is one of the counties which have less than 1 per 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.

Madam Temporary Speaker, I rise to support this Motion. I would like to say that it is coming at the right time when we are discussing about the finances to be used in the year 2013/2014. If there is one sector that will require funding more than the others, in the first year of devolution, it is that of roads. 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.

Madam Temporary Speaker, I support this Motion. I come from Kilifi County where we sometimes take even four hours from the airport to get to town. That is barely some few kilometres from the main roundabout, that is, Changamwe Roundabout. Madam Temporary Speaker, the road networking or infrastructure is the backbone of any area. This is because once the road is done, then everybody is helped, whether they are using a bicycle, bus or whatever. So, without roads, this will be very difficult for us. Kilifi has only one tarmac road, that is, the main road. I am even surprised to hear that we have 2.1 per cent nationally. That is the only road from Mombasa going towards the North Coast. There is a lot of produce from the interior, but there is no way that we can access the market in good time. It is so hard even for the patients to get to the nearest hospitals bearing in mind that the only main hospital is the Kilifi District Hospital. We will really be advantaged if we get a good road network. We will be proud and also feel that we are part of the Kenyan community. Madam Temporary Speaker, I beg to support this Motion.

Madam Temporary Speaker, I rise to support this Motion that was moved by my good friend, Sen. Musila. I also appreciate the contributions made by my colleagues. Madam Temporary Speaker, before I move on, I would like to propose an amendment, which I will read. I have already given it to the Clerk’s Office and I am sure that it is being printed. The amendment is simply that everywhere you find the word 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.

Madam Temporary Speaker, I was ready to proceed with the original Motion but when an amendment was put forward, I found it more convenient to support the amendment because it has added value to the Motion. There is no change other than adding value. The issue of the road network and the railway line in this country is not a matter to spend a lot of time talking about because all of us know where we have come from, that is, in terms of counties and also the past after Independence. The biggest programme is that when we took over the country, we found infrastructure concentrated in areas where the white men and women had their own land. Those roads were improved for the purpose of taking their produce to the market. That took this country so many years to bring about the vision that an African could do the same things given an opportunity to do that. That is how economic structure acquired disparity. Those who were there were there for themselves. The Africans who took over immediately also became the same people who thought that to be there is to improve what they have for their own area. That situation continued for a long time and even today, unless we change the situation, the mentality is still the same that before you think about making a road between Laikipia and Baringo, you start asking what the economic value is. But how can you talk about the economic value when you have not done the road so that it can improve the economic value? That will be a big problem because we start our projections from the side. For example, if you want to build a road between Laikipia and Samburu, you must not start thinking about how many vegetables or bags of maize are going to come from Samburu. You have to know that once you create a road network, all the economic consideration will definitely be achieved. Mr. Speaker, Sir, we all know that a road is the mother and father of any development anywhere in the world. There is no difference between our problem and that of Uganda and Tanzania. The road network is very important because if you want to improve our security, then build roads. I want to support Sen.(Prof.) Lonyangapuo who said that security problems can be solved when the road is in good condition. For example, if you have an access road like we do have in Lakikipia, Nyandarua and Nakuru, and it is not passable, then during the time of crisis and during the rainy season, security forces cannot reach where the problem is because of the road network. We have 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, Senators!

Proceed, Sen. Wangari. 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, Madam Temporary Speaker. I rise to support the Motion as amended and I have two reasons for that. Last Sunday, we celebrated Mothers Day in this country and, for me, I still think that, that was the saddest Mothers Day ever. We are still not where we are supposed to be because the rate of child mortality and maternal deaths in this country is still very high. Madam Temporary Speaker, when the President was reading his Speech during the Joint Opening of Parliament, I picked up something on the things the Government needs to do in the first 100 days. What caught my ear was the provision of free maternity care in this country. If we are talking about free maternity care and we can still not access those services in the hospitals, health centres or in the dispensaries, then it will still be an exercise in futility. Madam Temporary Speaker, when I listened to the nominee who has been nominated to the docket of health as a Cabinet Secretary, when he was put to task to explain how he will implement the free maternity care, he was quick to add that he will first focus on giving a waiver on the cost at the local level – and that does not even get to Kshs20,000 – to something about Kshs2,500 per person. Without infrastructure, this will not happen. I happened to have visited Samburu County through the road between Nyahururu and Maralal, and I will tell you that I thought I was not in this country anymore. I thought I had left Kenya! I am only imagining as a mother – and having gone through what women go through in this country – if I am subjected to that road to access maternity care--- We have lost pregnant women on the road; we have lost children who would have been saved because the infrastructure is not in order. Madam Temporary Speaker, the insecurity in this country is also a challenge because it is rising. This is because of poor infrastructure. When the roads are impassable, that means that criminals also take advantage of that bad situation to attack citizens. When you are driving at almost zero kilometers per hour – to actually attack our citizens. So, it cannot be overemphasized that we need to give this issue the seriousness it deserves. This will also help us to achieve our Vision 2030 and the Millennium Development Goals, which include lowering of maternal deaths and child mortality. This can only be achieved if we have good infrastructure. Madam Temporary Speaker, I beg to support the Motion as amended.

Thank you Madam Temporary Speaker, for giving me this opportunity. I beg to support the Motion. It is high time that Kenya was ranked as one of the most developed countries in the world. You cannot purport to be developed if your infrastructure is wanting. We have been bragging about the Thika Super Highway but this is not even a dot of what is expected of Kenya. Using that as an example, we have seen that trading between Nairobi County and Thika County and any other area which you can access using the Thika Super Highway becoming easier. When infrastructure or road networks are developed, Kenyans will get access to basic institutions like hospitals. We know that some areas are very remote and do not have roads. Even women who are heavy with children die on the way to hospital and this continues to increase poverty because the human resource is lost. When roads are good, for instance, around Lake Victoria, transporting commodities like fish becomes easier because it does not get The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I thank you for giving me this opportunity to support this Motion by our colleague, Sen. Musila. While supporting him, one thing we need to recognize is that roads alone are not a solution to our transport problems. I was very happy that Sen. (Prof.) Anyang’-Nyong’o raised this issue. It is important to develop other sectors around the transport system; mainly, air, water and railway. That would help us reduce the strain on our roads. It is also important to develop link and access roads in all areas especially in the agricultural areas. My Committee on Energy, Roads and Transport which is made up of very able and competent Senators - who are up to the task - met yesterday. We had our first meeting and considered our work plan for the year 2013. The Motion that Sen. Musila has brought falls, absolutely, under our mandate and we have scheduled a series of meetings with key stakeholders in the Government and in the private sector to brief the Committee on various issues. The Committee has resolved to be proactive and we will initiate our first meetings with Cabinet Secretaries and Principal Secretaries in the line Ministries after they are sworn in. I intend to propose recommendations to some of the perennial problems facing this sector. The roads in our counties are in a poor state. That has been said by my colleagues who have spoken before me. The situation has been made worse by the heavy downpour we have been receiving in many parts of our country. If the Senate approves this Motion, it will be easier for the citizens of this country to monitor and audit the state of their roads and road repairs on an annual basis. The approval of this Motion will also bring about equitable development of our road networks in the 47 counties and eventually improve the status of local roads. This will enable our people to move freely across the nation as embedded in the Presidential Speech. I would like to also support what Sen. (Prof.) Lonyangapuo talked about with regard to trade and opening the roads to go all the way to South Sudan. It is very sad that at this time, Uganda is the country benefitting from trade with South Sudan as opposed to Kenya and yet it was Kenya who put their best foot forward to ensure that our brothers and sisters in South Sudan got their Independence. However, due to lack of development with regard to our infrastructure, we have let others take the cream and benefit from our work. This is very sad, indeed, but we hope that with the support of the Senate to the Committee, we will readdress these issues. In this regard, I would like to assure this House of my Committee’s commitment in overseeing and ensuring that once this Motion has been approved, we will do our part to ensure that what the Senate wants, it will get. With those remarks, I support.

Thank you Madam Temporary Speaker. First and foremost, I would like to support this Motion and to urge all Senators to support it because without proper infrastructure in our counties, we cannot move an inch in matters of development. 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, we have to proceed. I believe that the issue has been interrogated enough on whether or not to amend this Motion. But before I put the question, I wish to draw your attention to the fact that this Motion affects counties and so does the amendment. The Senate will now proceed to a roll call Division on the amendments as proposed by Sen. Anyang’-Nyong’o.

Madam Temporary Speaker, we may not have the numbers to get the threshold to pass this important amendment and it would be sad if we lost it. You could use the necessary Standing Order to defer it and let us ventilate. We have a lot to talk about as we wait for the numbers.

Sen. Anyang’-Nyong’o, do you wish to say something as we interrogate the issue further?

Madam Temporary Speaker, I would want to move that we defer the putting of the question to the following day, in which case, the Speaker can then nominate the time when the question can be put----

Hon. Senators, I refer to Standing Order No.51 and want to agree with the proposal put forward by the two Senators, Sen. (Dr.) Machage and Sen. (Prof.) Anyang’-Nyong’o and allow debate on this Motion on the amendments to continue until such time that we will have the numbers required. Sen. (Dr.) Machage!

Madam Temporary Speaker, thank you very much. May I congratulate Sen. Musila for bringing this very important Motion which, if adopted, will be of much benefit to the counties. 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, Madam Temporary Speaker. The roads in Kiambu are, to say the least, in a pathetic condition. Is it in order for Sen. (Dr.) Machage to imply that the roads in Kiambu are beautiful when, indeed, our people are suffering? If he has to make references, it is important that he refers to the state as he may want to portray the roads in Kenya without implying that the people of Kiambu are not suffering from poor roads like other Kenyans?

Madam Temporary Speaker, indeed, looking at the document that has been tabled here today, Kiambu is number two on the list of the best endowed areas in this country, having 909.8 kilometres of tarmac road, which is about 7.1 per cent. It is second only to Nairobi, which is 10.3 per cent. When you look at areas like Marsabit, Migori and so on, with zero per cent of tarmac road, really, is it not important that we say the truth and call a spade a spade and not a big spoon? Here is a situation where we are talking about equitable distribution of resources. The road network has a proportion that is direct to other development in the community. Schools, hospitals, electricity networks and water pipes will always be built along the roads and so on. So, if you have a poor road network distribution, all these other factors are hit. With the amendment proposed by Sen.(Prof.) Anyang’-Nyong’o, it is a shame that the rail network that we have in the country is only that which was developed and established by the colonial masters. Not an inch has been increased since then. Of course, the rail network was only sent to the highlands where the Whiteman lived. The grid with which it was built is obsolete now. Actually there is need for total overhaul of the rail network in this country; not only an establishment of new networks but also an overhaul of the current network which is obsolete. We have what I would call intentional politicalisation of road network development because of the greed to control the economic strength of Nairobi and other big towns of this country. Look at Taveta, there is no road from Taveta to Nairobi. There is no proper road from Isbania, through Narok to Nairobi. So, the produce from that place does not reach the market in Nairobi, so again the Kiambu people can harvest. That is the truth; politicalisation of the road network development, making sure that the commodities that are produced in other areas of this country do not reach the market. This is an intentional, well calculated, well planned and implemented move by the previous governments. We need to make a difference. We need to make a change now that we have gone into a devolution system of government. We have to say the truth. If we hide the truth, then the truth that will be hidden will hit us and hit us very hard. We must make a change of knowing that truly it is only 10 per cent of the 47 counties that take up over 50 per cent of the total roads paved in this country. It is a shame. It is that 10 per cent that control the economy of this country. It is the same 10 per cent that control the best schools in this country. It is the same 10 per cent that controls 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, Madam Temporary Speaker. The direction that my colleague is taking is not helpful to the cause of this Motion. He is indeed trying to politicize---

Please draw our attention to what is out of order. You rose on a point of order.

Madam Temporary Speaker, what the Senator is insinuating is not right. There has been no politicisation of either the roads or schools. There has been skewed development for other reasons.

Senator, you are making a contribution which you can do when you get your time. Draw our attention to what is out of order.

Madam Temporary Speaker, I draw the attention of this House to the fact that the Senator needs to confine himself to what is relevant to this Motion without politicising his contribution.

Madam Temporary Speaker, I am a politician. Look at Nyamira, Busia, Elgeyo-Marakwet, Migori, Samburu, Tharaka Nithi, Isiolo, Garissa, Wajir, Marsabit, Lamu, Mandera and so on, what do you see? Those are the marginalized areas of Kenya. They have very high potential but have been intentionally marginalized. This must be corrected. I know I am stepping on some people’s nerves on this but let the truth be said. That is the only way we can say that we have identified the problem. Let us depoliticise road network development; that is all the prayer I am making as a politician. I cannot talk about anything else but politics, because that is what I am. The issue here is equitable distribution of resources. How much resources were used to build those road networks in those top ten, and how much have the other regions lost in the 50 years of Independence? That is the truth. If we have not begun thinking of what to do, let us go into what I call affirmative action on development of road networks; intentional affirmative action. Let us increase the road networks in north eastern Province, which was hitherto known as the Northern Frontier District. Let us improve the road network systems in Nyanza. It is an open secret that because of our political situations; because of our outbursts in politics, we lost a lot; and that is the truth. But let us now know that this is a different Government under the able leadership of President Uhuru; therefore, let us have a difference. Thank you, Madam Temporary Speaker.

Thank you, Madam Temporary Speaker. It is clear that the road issue, indeed, in this country is a thorn in the flesh to all of us. Madam Temporary Speaker, I would like to commend the Mover of this Motion because it has come at a very appropriate moment. If there is anybody who has traversed Kenya--- We have the figures here and we have seen what it is and, indeed, it is now time that this Senate makes a difference. I believe the Committee on Energy, Roads and Transport should, as a matter of priority and urgency, tackle this issue. Because if we hear and if we all narrate our experiences and problems that we have come through and seen, including loss of life because of road infrastructure, then the stories continue; it is painful and it is long. 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 Madam Temporary Speaker. I stand to support this Motion. I want to thank Sen. Musila for introducing this important Motion that touches on the development of this country. The road networks and the transport sector in general contribute immensely to socio-economic development of any area; whether you are talking about security, health or education. This is important. Equally important is equitable distribution of the transport network. I support the amendment to include the railway lines. When you look at the counties which were categorised as those in need of the equalisation resources, you will see one common denominator in all. This is the fact that they all lack good road networks. The solution to economic development in those areas is probably good road network. It is time that we considered good road network as a right because without it, we cannot talk about all the other rights that are enshrined in our Constitution. It has been mentioned here that policies, in the past, favoured areas which were considered to be high potential. However, let me say that as we discuss this important issue; let us not forget that the so-called high potential areas also have their problems. For instance, Maasai Mara is a high potential area in terms of wildlife.

(Sen. Ongoro) Order, Senator! You still have seven minutes left. So, when the House convenes at 2.30 pm, if you wish to continue, you will have more time then. 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, it is now time to interrupt the business of the Senate. The Senate now stands adjourned until 2.30 pm this afternoon. I also want to draw your attention to Standing Order No.51(3) that reads: “(3) Despite paragraph (2), the Speaker may, on the request of a Senator, defer the putting of the a question to the following day in which case the Speaker shall thereupon nominate a time at which the question shall be put.” I, therefore, wish to announce that the question will be put in the afternoon. The Senate rose at 12.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.