On a point of order, Mr. Speaker, Sir. Did you see what Sen. Musila did while the Speaker’s retinue was in procession? He just joined and became part of the procession. He did not even wait for you to take your Seat. Is that in order for somebody who has been a Deputy Speaker?

Sen. Musila, are you standing there to confirm what Sen. Orengo is suggesting?

Mr. Speaker, Sir, I was in the process of approaching the Chair on an important matter. Yes, I did actually follow way behind the Speaker’s procession. I came in to ensure that there is a quorum. So, Mr. Speaker, Sir, if I made any mistake, I apologize. QUORUM CALL AT COMMENCEMENT OF SITTING

Order, Hon. Senators! Could we confirm if we have a quorum?

Mr. Speaker, Sir, we have 20 Senators in the House. Yes, we have a quorum.

I need your direction, Mr. Speaker, Sir---

Order, Sen. Orengo. Even if you need my direction, it is not for you to speak whenever you want to speak.

He is out of order!

If you really believe the Chair is giving a ruling on such a mundane matter, then you must also follow the serious ones of seeking the Chair’s permission to speak. You do not just jump from your seat and walk to the microphone. 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 apologize. I just wanted to know from the Chair when you are in procession and you have not taken your seat, could any Member join the procession? Sen. Musila came nearly as part of your procession. He was at the tail end of your procession. I am saying this because next time I can decide to be ahead, in the middle or at the tail end of your procession. I just need clarity on this.

I did not think it would acquire such significance. However, since you have confirmed that you may take advantage of that loophole in the future and, maybe, with different outcomes, first, I want to confirm, of course, that during the Speaker’s Procession, the Serjeant-At-Arms is leading and everybody is cleared. So, nobody is allowed to be part of the Speaker’s Procession. I thought Sen. Musila had actually clarified that he was way behind. That is why I could not determine the distance between the procession and Sen. Musila’s arrival. But let everybody note that, that is the correct procedure. Sen. Musila has already apologized. I think we should let the matter rest there. Next Order.

Hon. Senators, as you will recall, on Thursday, 27th June, 2013, Sen. (Dr.) Khalwale rose on a point of order under Standing Order No.158(5) seeking the directions of the Chair on the disposal of the County Allocation of Revenue Bill, Senate Bill No.1 of 2013. Sen. (Dr.) Khalwale sought directions from the Chair on, among other things, the procedure and timelines for the introduction, consideration and passage of the County Allocation of Revenue Bill, 2013, by the Senate. He stated that his concern was necessitated by the contested process by which the Division of Revenue Bill, 2013, had been transacted, leading to the request by the Senate for an Advisory Opinion from the Supreme Court in Reference No.2 of 2013. Sen. (Dr.) Khalwale sought direction from the Speaker on the following matters:- 1. Whether it was possible to proceed on the County Allocation of Revenue Bill, 2013, while the constitutionality of the Division of Revenue Act, 2013, on which it was predicated remains contested by the Senate in the Supreme Court; and, if so, whether proceeding in that manner on the County Allocation of Revenue Bill, 2013, would amount to sub judice. 2. If the Senate were to choose to proceed with the Bill, whether it should proceed on the basis of the figure of Kshs210 billion as passed by the National Assembly or Kshs258 billion as passed by the Senate. 3. The effect of not proceeding with the County Allocation of Revenue Bill, 2013. 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.

What is it, Sen. Billow?

Mr. Speaker, Sir, I thank you for the guidance you have given us with regard to this very important Bill. You will appreciate that county governments have to function. I am happy that you have indicated that we can go ahead, that it will not be prejudicial to the proceedings of the Supreme Court. I also want to support your arguments that the sooner the Supreme Court resolves this matter, the better. Otherwise, we will have a situation where there will be a constitutional crisis. Personally, I am worried, if, from what you have said, the National Assembly goes ahead and makes laws and forwards those laws to the President and he assents to them the same way that he did with the Division of Revenue Bill, 2013; this House also goes ahead and drafts its own laws and sends them, again, to the President; we will have a crisis because it would mean that the Constitution would have been completely brushed aside. Mr. Speaker, Sir, I want to congratulate you for taking the effort to write to the Speaker of the National Assembly seeking his immediate response to these matters. It is important that, we, as a House, also take up this matter seriously. It is not a matter about the County Allocation of Revenue Bill, it is about the essence of making laws in a bicameral dispensation that we now have. Mr. Speaker, Sir, I support your ruling.

Next Order!

Hon. Senators, I see that there are several notices of Motions listed and no hon. Senator is willing to move the first notice. Proceed, Sen. G.G. Kariuki from Laikipia County. ESTABLISHMENT OF SECURITY ROAD NETWORKS

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, aware that the country is experiencing rampant incidents of insecurity due to factors such as competition for resources, ethnic tension, crime and economic disempowerment; aware that some of the incidents may spread unabated from one county to another as well as across the international borders; concerned that many lives and property are lost, people are displaced and the socio-economic set-up of the affected 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, Sen. Obure. ESTABLISHMENT OF ONE-STOP PUBLIC COMPENSATION CLAIMS BUREAU

Mr. Speaker, Sir, I beg to give notices of the following Motions:- THAT, aware that the State and other Government agencies have been the biggest impediment to payment of dues to Kenyans, including retirement benefits, court awards and insurance claims; recognizing that such delays amount to violation of human rights and undue punishment; noting that claimants spend a lot of money and time travelling to Nairobi and other far off destinations pursuing the claims; acknowledging that the purpose of devolution is to take services closer to the people; the Senate urges the National Government to immediately establish a one stop Public Compensation Claims Bureau to enable victims of delays and all future claimants to lodge their claims for immediate verification and subsequent expeditious settlement through the nearest commercial banks and to ensure that legally confirmed dues are settled within six months of the award. ENACTMENT OF LEGISLATION ON SECURITY STRUCTURES AT COUNTY LEVEL THAT, aware that rampant insecurity has proven to be a major factor undermining development and harmony in all parts of the country over the years; appreciating that the introduction of county governments was aimed at enhancing self reliant and participatory leadership, including enhanced community policing; acknowledging that security management is a major priority for all counties and the devolved governments require necessary tools to efficiently run their areas; realizing that the concentration of policing instruments and powers in the National Police Service’s high command centrally in Nairobi is likely to undermine 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.

Next Order.

Sen. Musila.

Mr. Speaker, Sir, with your indulgence, I stand here on a matter that I raised on the Floor of the Senate on 14th May, 2013 regarding the Equalisation Fund. On 21st May, 2013, a Communication from the Chair directed that the Departmental Committee on Devolved Government responds to the matter in two weeks time. Again, on 17th June, 2013, I reminded the House of your Communication that the matter be reported by the Committee in two week’s time. However, as of 17th June, 2013, it had not been done. On that day, because the Chair was out of the country, two colleagues hon. Senators, Sen. Nobwola and Sen. Wangari gave an undertaking, on behalf of the Committee, that in two week’s time they would be in a position to lay the report on the matter on the Table of this House. Mr. Speaker, Sir, today, 2nd July, 2013, to the best of my knowledge, no report has been laid with regard to the matter that I had raised and which is very important because it concerns the allocation of revenue under the Equalisation Fund to marginalized counties. Could I seek your further direction on this matter because it has taken a very long time?

Sen. Musila, indeed, the whole House is concerned about the delay. I do not know what the Chair of the Committee has to say.

Mr. Speaker, Sir, I have not had a chance to consult with the Vice-Chair because I was out of the country. However, how does such information get to committee chairs if they are not in the House at a particular time? There must be institutional mechanisms that ensure we get such questions formally, so that we transmit the same to the necessary institutions. Be that as it may, if you allow me, in another one hour, I will consult the Vice-Chair and get the correct position then get back to the House. Sen. Musila thinks tomorrow will be the best time to address the matter after I consult the Vice-Chairman.

Sen. Murkomen, let us get your feedback tomorrow afternoon. But on the matter you raised in terms of communication 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.

My apologies, Mr. Speaker, Sir.

Sen. Murkomen, even if you were out of the country this time round, that was just a reminder. There was the initial period of May when this matter was first raised. The Committee should have been seized of the matter by then. However, by the time that the Committee was being reminded, two Senators volunteered to inform the Chair. Anyway, you are here now and I hope there will be no excuses from tomorrow. So, that will be brought tomorrow afternoon. Let us bring this matter to a close.

Hon. Senators, the last time we debated this Motion, we reached the stage of voting on the amendment which had been proposed by Sen. Wako. To refresh your memory, the amendment was that the Motion be amended by inserting the following names immediately after the name of Sen. Dr. Bonny Khalwale. Sen. Ongoro Masha Sen. Stephen Sang Sen. Gideon Moi; and, Sen. Lenny Kivuti. This is a matter affecting counties. Therefore, we will proceed to vote as counties. This is Sen. Wako’s amendment. Ring the bell for eight minutes.

Sen. Abdirahman, Wajir County; Sen. Billow, Mandera County; Sen. (Prof.) Anyang’-Nyong’o, Kisumu County; Sen. Boy Juma Boy, Kwale County; Sen. Hargura, Marsabit County; Sen. Kembi-Gitura, Murang’a County; Sen. Khaniri, Vihiga County; Sen. Kivuti, Embu County; Sen. (Dr.) Machage, Migori County; Sen. Madzayo, Kilifi County; Sen. Melly, Uasin Gishu County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Murungi, Meru County; Sen. Musila, Kitui County; Sen. Mwakulegwa, Taita-Taveta County; Sen. ole Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County; Sen. Orengo, Siaya County and Sen. Sang, Nandi County.

Sen. Kanainza

Sen. Mohamud

Order, hon. Senators! We have the results of the Vote.

The Noes have it. Therefore, the amendment is lost.

I order that the doors be opened. Let us proceed with the Motion in the original form. The Motion has a balance of one hour and 35 minutes. Since nobody is interested in contributing, I call upon the Mover to reply.

Mr. Speaker, Sir, I had listened to the other contributors to this Motion and appreciate the presentations and interventions by the Members who spoke. But I still urge the House to support the Motion. This is because if you take an inventory of the laws which are still in the statute books; some which even emanate from the period before the Second World War, that relate to various forms of legislation that now affect counties, you will find that unless an exercise of this nature is taken to correct any legislation which may undermine the authority of the devolved system of government, the operations of these counties will be extremely difficult. Mr. Speaker, Sir, I know that under the Constitution and its Schedules, there are various laws which are anticipated for legislation or have been legislated upon. Looking to the future, many laws will be enacted to ensure that the devolved system works efficiently and effectively. But the object of this Motion was to effectively look at legislation which is already in the statute books of the recent past or even during the colonial days. We need to come up with draft legislation for this House to approve for amendment or repeal. 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. Mr. Speaker, Sir. Is Sen. Orengo in order to impute that Senators from the Jubilee side are not willing and are not committed to devolution when they air their views on this Motion in the House? It is the right of Senators to express their views without any fear that they may be adjudged by any one of us. I think that we have not even gotten to the Motion itself that the Senator has brought to the Floor of the House. Now that he has brought and prosecuted his matter he should convince the House or all Senators across the divide that, indeed, the Motion is good for adoption then we can support him.

Mr. Speaker, Sir, I do not know what the point of order was, but I have, at least, succeeded in waking up Sen. Njoroge. Normally on any other Motion, he would be free and be the first to stand up to contribute. Since it is the right of Senators to take a vote, I would like to say that this Motion is a good Motion. If we want to protect devolution, all Senators should support it. With those few remarks, I beg to support.

Order, hon. Senators. This is a Motion concerning counties and you know the procedure. Therefore, I will put the Question.

Sen. Kanainza.

Sen. Mohamud.

Hon. Senators, I wish to announce the results as follows.

Nil

Mr. Speaker, Sir, I beg to move:- THAT, aware that the Government of Kenya recognizes the threat of alcohol and drug abuse; appreciating that the National Authority for Campaign Against Alcohol and Drug Abuse (NACADA) has cautioned on the national trend; noting with concern that alcohol and drug abuse is significantly on the increase; cognizing that information available points to the disastrous outcome of alcohol and substance abuse to health and the economy of our country; the Senate urges the Government to declare alcohol and drug abuse a national disaster.

Mr. Deputy Speaker, Sir, the country is crying, the unborn are crying and the new born are crying. The young, old and everybody else in the world is crying. On 9th May, 2006 the BBC announced: “Mombasa is seen as the key starting post of international drugs”. In December 2004 in our newspapers, we saw the biggest seizure of drugs worth 1.1 metric tonnes with a value of $90 million arrested in Malindi. We may not know how the same was disposed of. There have been several headlines on the Akasha family strategies on drug related issues. Just as recently as last week, on 21st June, Nigerians were found in possession of drugs worth $118,000 at the airport. Many newspaper headlines are littered with stories of airport staff being arrested and deaths in Kiambu, Murang’a, Kuria and Mai Mahiu. There are newspaper headline stories of suffering youths in Mombasa and their mothers crying due to the drug menace. Unfortunately, our country is hit with poverty and corruption. Our own location conspired to make Kenya a drug empire. Mr. Deputy Speaker, Sir, consuming intoxicating substances negatively affects mankind in health, social, economic, political and security spheres. We know that the Government has already put in place legislation on various institutions to provide for the policy, legislation and strategic programmes in an attempt to have remedies. The National Agency for the Campaign against Drug Abuse (NACADA) was established, and its functions were to facilitate, conduct, promote and coordinate research in the process of dissemination of information, but this has not helped. We have had two researches; one in 2007 and as late as 2012 carried out by NACADA. We know the drugs we are looking for are alcohol, tobacco, narcotics, stimulants, depressants, hallucinogens and cannabissativa in this region. 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 the opportunity to second this Motion on a subject that is of great concern. I also want to take this opportunity to thank Sen. (Dr.) Machage for being sensitive and for introducing this Motion for debate in this House. We all know that Dr. Machage is a medical doctor. He is still a practicing doctor of high repute. I thank him for bringing this matter to the attention of the Senate and the people of Kenya. Alcohol and drug abuse is, not only a threat to our country, but also poses serious challenges to our country’s development efforts, security and social order. It has endangered the health of victims and compromised their human dignity. It has destroyed homes and separated families. It has destroyed lives and created orphans, widows and widowers. Alcohol and drug abuse has drained individual and family resources, consumed and wasted wealth leaving behind poverty and misery. 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 the opportunity to contribute to this Motion. Mr. Deputy Speaker, Sir, first and foremost, I wish to thank my colleague, Sen. (Dr.) Machage, for having recognized the very dangers that alcohol and drugs pose to our youth and country at large. Mr. Deputy Speaker, Sir, from the outset, I want to mention that alcohol and drugs are not categorized as foods. Therefore, they are not essential. This particular type of substance when consumed, targets only specific organs. It targets the nervous system alone unlike different types of food when they are consumed. Therefore, this is one of those things that we must, at all times, condemn. Mr. Deputy Speaker, Sir, I want to point out specifically the very serious health consequences associated with the consumption of alcohol or drugs. Since I have said that they affect the nervous system, we have consequences such as mental incapacity, insomnia, dementia, delusion, derangement, psychoneurosis and even impotence, as a result of drug or alcohol consumption. There are also concomitant medical consequences such as HIV/AIDS, prostitution, road accidents, suicide, including homicides and domestic violence. These are all consequences of alcohol and drugs. Mr. Deputy Speaker, Sir, I also come from the medical profession and we have witnessed very sad situations where young individuals or children drop out of the best schools in the land and become zombies, because of the consumption of these substances. Since they form the hopes and investment of their families, when they drop out of schools and become zombies as a consequence of these drugs, it must raise our concerns as to what we should do about this particular killer. These drugs are killing families slowly and surely. Mr. Deputy Speaker, Sir, we are very fortunate in this country that we do not grow poppy which is the opium plant for heroin, or manufacture any heroin. That is a great fortune. The biggest problem we have is that all heroin consumed here enters through some points in our country. We must do something to make sure that these harmful products do not enter our country. We must deal with this situation. Mr. Deputy Speaker, Sir, there are two particular categories of individuals that we must deal with when it comes to drugs. The first category of individuals that we need to deal with is the traffickers of this deadly cargo. The traffickers of drugs are the kind 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.

Asante sana, Bw. Naibu Spika, kwa kunipa nafasi hii ili nichangie Hoja hii ambayo imeletwa na mhe. Machage ambaye ni daktari mwenye tajiriba kuu. Bw. Naibu Spika, kwanza kabisa, Hoja hii ya kufanya matumizi ya drugs katika nchi hii kuwa janga la kitaifa ni muhimu sana. Madawa ya kulevya yamechangia sana hivi karibuni kwa---

You must choose the language that you want to use. You cannot keep interchanging languages.

Asante, Bw. Naibu Spika. Ningependa kuchangia Hoja hii ambayo imeletwa na Dkt. Machage, mwenye tajiriba kuu katika udaktari. Janga hii la vijana wetu kutumia madawa ya kulevya ni kubwa sana. Hivi majuzi Rais aliamuru kwamba wale watu wote wanaohusika na biashara ya madawa ya kulevya wanafaa kuchukuliwa hatua kali. Ninamshukuru kwa msimamo wake juu ya madawa haya. Inafaa pia janga hili lichukuliwe kama la kitaifa na liidhinishwe katika sheria ili hatua zichukuliwe za kupambana nalo na kuhusisha watu wote, wakiwemo walimu, viongozi wa kisiasa na dini. Janga hili limeharibu maisha ya vijana wetu. Bw. Naibu Spika, sina mengi kwa sababu nimesikiliza yale yote yaliyosemwa na mhe. Obure alipokuwa akichangia Hoja hii. Ameongea kwa mapana na marefu juu ya janga la madawa ya kulevya. Hivi majuzi tuliona kwenye runinga ekari nyingi za bhangi ambazo zimepandwa katika msitu wa Aberdare. Vijana wengi katika Mkoa wa Pwani hawajielewi kwa sababu wameathirika sana na madawa ya kulevya. Ikiwa janga hili litatangazwa kuwa janga la kitaifa, basi tutapambana nalo kikamilifu. Bw. Naibu Spika, mhe. Lesan amesema kwamba kuna nchi kadhaa ambazo zimeweka mikakati na vikwazo vikali vya kupambana na janga hilli. Kwa mfano, nchi za Uarabuni zimeweka hatua kali dhidi ya kupambana na madawa ya kulevya. Katika nchi zingine adhabu ni kali sana na ndio nilisema kwamba yafaa tuige mfano kama huo ili tuweze kuangalia mambo ya vijana. Pombe ya Kiafrika kama busaa na chang’aa hazikuwa na madhara sana. Hivi majuzi watu ambao wanauza pombe hii wameshikwa na tamaa na kuanza kuweka dawa. Haya madawa yameathiri vijana kote nchini kutoka magharibi, mashariki na kaskazini. Vijana wengi wameathirika sana na pia familia zao zimeathirika. Bw. Naibu Spika, mimi naona kwamba sisi viongozi tuko na jukumu kubwa sana kutoa mchango wetu katika kaunti zetu. Kaunti zetu yafaa ziwe na mipango mwafaka haswa kuhusu jambo hili litakapotangazwa kama jangwa la kitaifa. 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, thank you for allowing me to contribute to this Motion. I would like to thank Sen. (Dr.) Machage for bringing this Motion. I am saying this because we serve together in the Committee on Health, Labour and Social Welfare and we have taken this as a priority in the Committee. As I laud the presenter of this Motion, I do believe that all of us in this country, if we are really concerned, then the menace of drugs should have been put to rest when the National Agency for the Campaign against Drug Abuse (NACADA) was formed. I was one of the members who served in NACADA and for some time, it disappeared but now it has resurfaced again. If it could have continued, maybe by now this country could be different. When the HIV/AIDS pandemic came, it was declared as a disaster and now the percentage has gone down. What am I trying to say? As a mother, I am very pained when I see our children going to that extent of becoming garbage because of drugs and yet all of us in this august House come from these areas. Why can we not identify the hotspots? We know what is going on but we do not want to see. We know what is happening. There is a saying that the root of all evil is money. Surely, we do not want to admit that we know what is happening. Do you want to tell me that all of us are so innocent and that we do not know where these drugs come from? We all agree that there is some laxity somewhere within ourselves and we need to ask ourselves that question. We cannot afford, year in, year out, to keep on saying that there is a problem and yet we are the problem. Mr. Deputy Speaker, Sir, when I was growing, we used to listen to our elders but nowadays, there are so many problems and young people do not listen to their parents. There are too many openings where our children are influenced by foreign behaviour. Kenya is a global village and they watch these ills by reading pornographic materials, television and other media influences. These things influence the behavior of our young people in our country. Even if we condemn this behaviour, I insist that we should be honest and find out what the root cause of the drug menace in this country is. We have the police in this country and they should be able to arrest the culprits. We know the canals and the routes used. So, what happens when they are arrested and not taken to book? If we want to make our country free of all these, then all of us have to come out fighting so that we can clean our society of this menace by acting honestly and in a transparent manner. We should make sure that the future of this country is safe from this menace. With those few remarks, I beg to support.

Mr. Deputy Speaker, Sir, I also stand to support the Motion knowing that for the last 15 years, we have seen many of our people perish because of alcohol. Today, as we talk in our country, I think our moral values have completely been eroded. Indeed, it is sad when you see on television a young man in Dandora talking openly; saying that he knows he will die with the sword and therefore for him to rape is something that he has to do and he can even inform the parent of the lady that he is going to take his daughter and rape her. If you look at that young man, you wonder whether he is normal or not. It looks like he has taken something and is under some influence. When the matatu business came to this country, we knew that it was an avenue to help young people get employment but we forgot to look within the business and find 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.

What is Kwanjuguna’s?

Mr. Deputy Speaker, Sir, Kwanjuguna’s is a famous club that many of us who do business would love to go on Friday to do business but at the same time take a glass. I am just giving an example. When you leave Waiyaki Way and enter Westlands, then you meet your 16, 14 or 12 year old children drinking outside Westlands, it means also that those who have accepted that to happen within that environment have to ask themselves questions. When hon. Mututho brought in the law, these are 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. Deputy Speaker, Sir, for giving me this opportunity. I stand here to support this very important Motion. I am sure this issue of drug abuse sends chills up the spines of all of us seated here. I am sure, even seated in this House, there are parents or relatives of ours here who either we know or are personally affected by the problem of drug abuse; be it alcohol, heroine, miraa, cigarettes or bhang. So, it is affecting every home. Everybody in this House has in one way or another suffered from this problem or they know a neighbour who is suffering from this problem. It has broken homes and led to deaths. It is generally a disaster. I fully support the Motion for the fact that this menace has reached a level of national disaster and should actually be declared so. We need to use the same effort the Government put in combating HIV/AIDS when it was declared a national disaster. That kind of plan is needed to address the issue of drug abuse. When HIV/AIDS became a menace and was declared a national disaster, we not only got support from within, but even from international organizations and bilateral donors. We need a seriously concerted effort to face this challenge because we are losing a whole generation. What Vision 2030 will we be talking about if the people to carry on that vision do not know how the morning starts and how the evening ends? They will simply look at you with drowsy eyes and if you ask them what Vision 2030 is, you just pity them. When you pity that person, you are pitying this country because that is where we are now. It is as bad as that. Mr. Deputy Speaker, Sir, declaring this menace a national disaster is long overdue. Whether it is in north eastern where miraa has denied wives their pleasure or in Central Province where alcohol has made women to go to streets and demonstrate, whether it is heroine at the coast and other urban centres, every corner of this country is reeling from the pain of drug abuse. Therefore, I think we need a concerted effort to address this challenge. I have a son who is 21 years old and he is turning 22 years this month, and every day he goes away and comes back, my heart just throbs. I have to always follow him. I have to ask him where he has been every day. It is my prayer that he goes through this age and grows into an adult who will be useful to this nation. I know this is the concern and pain of every parent in this country. This morning, I was called by a friend of mine who is a banker. Yesterday, at around 4.00 p.m., together with her husband and her one year old child, she was learning how to drive at Jamhuri Park, which is an open space, three boys; one of them who looked 10 years, another one 15 years and the last one 17 years old approached this family and all the three of them had guns. They stole everything this family had at gun 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.

Talking of phones, is it your phone ringing?

Yes, Mr. Deputy Speaker, Sir. I am sorry.

You can go on!

Mr. Deputy Speaker, Sir, luckily, they left safely. This is the major problem we are in. Those children were looking for that money to go and drink. That money was not for any other use. We have reached a point where you can lose your life for Kshs3,000 because a certain child is experiencing withdrawal symptoms and must get the drugs whether it is through killing or whatever means. So, when we say that it should be declared a national disaster, it is that bad and it is all over. I am glad that we are at this stage in our country where we have devolution. In fact, the governors and the devolved counties must now focus on this matter so that every county looks at its own challenges as concerns drug abuse and invests heavily in issues of turning around the loss we are making in relation to drug abuse. I support Sen. Elachi on her stand on the National Youth Service (NYS). We should actually take all these young people into the NYS to do roads and bridges, and in turn be paid. In fact, contractors should not be making all these millions of money that they are making. These contracts have turned around to be major businesses by few contractors. Instead of asking the young people to start companies and be awarded contracts, the best thing is to put them into the NYS, pump the money through the NYS and provide the materials and let them work. Their education could even be paid for by the Government after they have gone through this process. The process should be elongated so that those who are joining colleges or universities come directly from the NYS to those colleges or universities. The NYS should be empowered to provide students to the middle level colleges so that our young people are held back from idleness, poverty and the temptation to abuse drugs. I strongly feel that a very well organized NYS scheme will help our young people to do useful work rather than them being wasted away in the villages and urban centres. They in turn become crooks, murderer and make the country unsafe. With those few remarks, I beg to support.

Thank you, Mr. Deputy Speaker, Sir. I come from the Kiambu County and, indeed, in this country, it should be the first county to stand and support the idea and the theme of this Motion. If there is any problem that we are having as a county, it is the problem of alcohol abuse by our young people who eventually grow into drinking adults and who also, at the end of the day, grow into drinking parents. As leaders and as a people of a country, we are all facing a problem that must be called a national disaster. I also want to take the opportunity to congratulate the President of this country because a few weeks ago, he took on a monumental problem that has before been avoided by many by showing his willingness to deal with the question of drug trafficking. We all 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.

Are you moving an amendment; because you have to give notice to us in writing?

Mr. Deputy Speaker, Sir, it is a very small amendment---

But it has to be in writing to the Speaker.

Okay, Mr. Deputy Speaker, Sir. I will write it; it is a proposal right now. I will write it down and I will request, together with any other amendments that other Senators may want to move, then we will move them together. 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. Liza.

Asante Sana, Bw. Naibu Spika, kwa kunipa nafasi hii ili nichangie Hoja iliyoletwa hapa na Seneta (Dkt.) Machage kuhusu madawa ya kulevya na pombe. Ninaposimama hapa, nasimama kama mama; najua wamama wengi sana wameumia kwa sababu watoto wao wamepotea katika mambo ya ulevi na madawa ya kulevya. Ninaposimama, nasimama kwa niaba ya wale wamama walioumia; nasimama pia kwa niaba ya wale wamama waliopoteza mabwana zao; nasimama pia kwa niaba ya wale watoto waliopoteza wazazi wao kwa sababu ya shida ambazo wazazi hao wanapitia. Inatakikana sisi wote tuchukue jukumu hili kama viongozi wa Kenya pamoja na wazazi wote. Bw. Naibu Spika, ningependa kuchukua nafasi hii kusema kwamba kwa wazazi ambao hawana njia ya kutatua shida za watoto wao. Kile kitu kinachotakikana kiangaliwe na Serikali yetu ni kiini cha mambo haya; ni nini inaanzisha mambo haya mpaka inafikia kiwango kwamba watoto wanaamua kuvuta bangi, kunywa pombe na kuishi maisha yaliyozoroteka? Kwa hivyo, ni lazima Serikali ichukue jukumu la kuchunguza kiini cha tatizo hili. Tunajua kwamba kuna watu wengi sana wanaofaidika kutokana na kazi ya kuuza pombe na madawa ya kulevya, na pengine watoto wao hawahusiki katika kuvuta bangi ama kunywa pombe hizo. Inatakikana tuchunguze mahali shida hii inaanzia na kiini cha shida hii kiko wapi. Ningependa kuchukua nafasi hii kuwahimiza na kuwaomba wazazi – mimi nikiwa mmoja wao – tuchunguze na tuchukue jukumu hili pamoja kama wazazi; na Serikali pia ichukue jukumu hili. Bw. Naibu Spika, nimefurahi sana jinsi Serikali imeweza kuchukua jukumu hili. Juzi, watu wawili walishikwa katika uwanja wa Ndege na ilikuwa ni maajabu sana kujua kwamba kumbe watu wanaweza kubeba madawa hayo ya kulevya hata katika miili yao. Naipongeza Serikali kwa sababu iliweza kufanya kazi yake vilivyo. Bw. Naibu Spika, nataka kumuunga mkono Sen. Elachi na wenzangu walioongea kabla yangu, kwa kusema kwamba lazima tuwe na vyuo vinavyoweza kuwasajili watoto wetu baada ya kumaliza kidato cha nne. Lazima tuangalie ni nini watoto wetu watahusika nayo katika maisha yao baada ya shule. Kwa hivyo, Bw. Naibu Spika, nimesimama kusema yes kwa Hoja hii kwa sababu hii ni shida katika nchi yetu na kama viongozi, yatakikana tuwe tayari kuangalia jinsi tutaweza kuitatua shida hii. Naunga mkono Hoja iliyoletwa hapa na Sen. (Dkt.) Machage. Asante sana, Bw. Naibu Spika.

Sen. Sijeny.

Thank you very much, Mr. Deputy Speaker, Sir, for giving me an opportunity to contribute to this Motion. I fully support the Motion because we have seen how things have gone from bad to worse within our society. This monster we complain about; insecurity, this is where it really and truly all begins. Two weeks ago, I went to talk to some women in some slums within Nairobi, and there were young men aged 14, 15 or 16, and they confessed to me openly that they have guns. To them, those are toys and it is not a big deal. Of course, they were not scared because I was alone. They did not 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.) Anyang’Nyong’o.

Mr. Deputy Speaker, Sir, I join my colleagues in congratulating Mzee Machage for introducing this very important Motion. Mr. Deputy Speaker, Sir, I would like to go further and ask the Government not just to declare this drug issue a national disaster, but to take very drastic actions to stop the problem of drug abuse and illicit brews in this country. But we must also look at the supply side, not just the demand side. How did this drug menace get into this country? Where does heroine and the other drugs come from? Where do they really come from? They do not come from the villages. If you look at drug trafficking, Kenya is a transit route for drugs coming from Asia and then to Europe. Mr. Deputy Speaker, Sir, in 1993/1994 or 1994/1995, I was the Chairman of the Public Investments Committee and I was approached by somebody – I will not mention the name--- Let me be precise; Kenyan soldiers were going to Yugoslavia for peace keeping and one soldier who had been dropped from the trip was very angry. He came to me and said that he was part of the anti-narcotics team in the army, and they were in North Eastern Province where they were monitoring drug trafficking from Ethiopia and Somalia into Kenya and that they were being given heavy support by the Americans. Whenever Kenyan peace keeping forces went out, the anti-narcotics team was to be part of the contingent because they wanted to make sure that our soldiers were not penetrated by drugs abroad, but he was stopped. He came to see me just to spill the beans, and he said: “Look, we are trying to fight this thing, but this thing is being perpetuated from very high quarters.” This will not stop until the perpetration stops. The drug lords are prepared to pay security officers a lot of money every week to be protected.” He even gave me number plates of secretaries in town who are being used by people to facilitate drug trafficking. This is a problem in our system which we should not be shy to talk about. Once people in authority break laws, everybody downstream will break the laws including children who end up having guns. As Sen. Sijeny was saying, a family was gang-held at Jamhuri Park. Where do these gangs come from? They do not suddenly come from Kawangware. They come from somewhere. Therefore, drug trafficking is also a very big thing in this country. We must stop drug trafficking from the source and this is not an easy thing. When I was told about this, I did not do anything about it because I did not want my neck chopped off. In fact, the person who told me said that I should be very careful. Several years later, I can talk about it because the people who were in power then are no longer there. The person warned me that this is a very sensitive issue. Since then, I have been reading a lot about drug trafficking. In fact, there was a big article in Newsweek, not too long ago which was talking about the various routes that drugs are being trafficked. The article was talking about the drug lords of Colombia and tracing their connections to Mombasa, Nigeria, Senegal, Morocco and then into Europe. As a transit point, we have become victims of this issue. That is as far as heroine and cocaine are concerned. Those are the ones that are finishing people. In places like the Netherlands, marijuana has been legalized and controlled. When I was growing up, one of my grandfathers used to grow marijuana at the back 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.

Kwanza, ningependa kukushukuru, Bw. Naibu Spika. Nimesimama kwa muda mrefu hadi nikakata tamaa. Asante kwa kunipa nafasi hii. 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, first, I need to congratulate my friend who brought this Motion to this House. Mr. Deputy Speaker, Sir, the sentiment and spirit of the Motion are very good, except that, perhaps, we need some amendment, as I heard from one of the Senators, to exclude some areas which might be misunderstood. We all need to ask ourselves several questions. We are speaking here as if this is a very big thing which has just happened. 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.

Did you say “Osogo”?

Mr. Deputy Speaker, Sir, it is Sen. James Orengo. Mr. Deputy Speaker, Sir, I want to give a warning. The moment you start talking about drugs and establish a Committee, that Committee will come out with no report and if there will be a report, nobody will implement it. We are now leaving the problem to the President and the Government to declare it a national disaster. My friend here, myself and others just walk away saying that we have done a big job and we have now left it to the Jubilee Government and the President to deal with the matter. The Jubilee Government cannot deal with this matter alone. This is a national crisis starting from our households to ourselves and everybody in the house. Look at the young boys and girls when they go to night clubs, I do not go to night clubs but I used to when I was younger than I am now, they will tell you that they found honourable so-and-so in a night club enjoying himself or herself. Imagine if your own children asked you whether it is good for those Members to go to those places - When you hear such things, you pity the kind of people found dancing around but here they come and say we have to declare this thing a national disaster. It cannot work. With those few remarks, I beg to support but with amendments. God Bless.

Sen. Melly Isaac.

Mr. Deputy Speaker, Sir, I also take this opportunity to congratulate Sen. (Dr.) Machage for bringing this Motion. Last weekend, I attended the burial of one of the greatest engineers in Moi University. The circumstances under which he died surround what we are discussing today. He has a first born son who was also a student in Moi University, School of Engineering. This boy has really done everything to ensure that his parents are not comfortable. He has been taken to about three rehabilitation centres. The last time he was taken to Kisumu. When his father took him there the last time and when he was coming back, he was told that the father was very confused and was driving the vehicle at a high speed. So, he collided with a lorry and died instantly. When we tried to investigate the story, his mother told us that during that time when his father took him to a rehabilitation centre in Kisumu, the father was so stressed and in 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.

Sen. Karaba.

Thank you very much, Mr. Deputy Speaker, Sir, for giving me this chance again to say something about the Motion that is in front of us. This Motion is very important to our country and if the Government can do what we are going to recommend here, then I am sure we will be quite ahead of other countries in the region. More so, where the youth are concerned with regard to abuse of drugs and alcohol, we have had a very sorry state of affairs even when we listen to the radio or we see what is happening on television. When the people are arrested for drinking after hours and put into cells, they find these illicit brews there and they continue drinking them in the cells. This happened in Kiambu the other week. This is a very sorry state of affairs because they have become so desperate to a point where they imagine themselves dead in order to avoid the miseries which are ahead of them. Mr. Deputy Speaker, Sir, I think the nation has a right to protect its citizens from such misery. We think that the children who are in high schools and even primary schools should be protected from such abuse by people who are informed. These are the people who misuse the young minds at a very tender age. You will find that schools are surrounded by drug dens and alcohol hideouts. To the amazement of the Government, they continue unabated and nothing happens. If you report them to the police, they will be arrested that day and the following day, the same thing continues. This is because we have dangerous cartels in the counties that involve the top most police officers. It goes down to the sub-chief and the local agents who are supposed to report this matter to the chief or the sub-chief. These are very many. So, you wonder if it is possible that something can happen in the village and the DC and or the DO would not get to know that it is happening. This means that there is some cover-up by those people who are in charge of maintaining security to make sure that we have a sound and sober society. These people are not helping us. To my amazement, as Sen. G.G. Kariuki mentioned, it is not the first time we are having such a Motion. It was discussed in the Tenth Parliament and hon. Mututho came up with his laws and rules. Today, he is not there. Maybe he was voted out because of coming up with very stringent laws on alcohol abuse, but he will go down in history for having come up with a Bill which resulted to many county officers being sacked. In my area, two to three chiefs were sacked because of this. This should have continued unabated. We should have continued with this trend. The Government should have implemented that law so that we continue perpetuating what we thought was good at that time. Mr. Deputy Speaker, Sir, we also have a problem with the Kenya Bureau of Standards (KeBS). You will realize that when we talk of some alcohol volumes or levels, some brews are higher than the KeBS standards. They even hide behind the KeBS. They place the bottles which have been certified on the shelves when they know that police officers are around, but they remove them and cheat the Government when the officers are not there. This is something we should think about and see whether we can provide 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. Abdirahman. 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 also stand to support this very important Motion by Sen. (Dr.) Machage. But before I make my contribution, I want to make one correction, as asserted by an old man who I respect, Sen. G.G. Kariuki. I want to point out that hon. Uhuru Kenyatta is the President of the Republic of Kenya, and not the Jubilee President after the elections. It is important we note that because he is the President of this country irrespective of who voted for him.

Mr. Deputy Speaker, Sir, I want to support the very important bit, which the same honorable Sen. G.G. Kariuki spoke about, that declaring this issue as a national disaster is not sufficient. We will declare it a national disaster, yes; but what next? I kept on thinking after he said that, and I said that, maybe, from a radical position, what will be wrong if we declared the consumption of alcohol and drugs illegal? What shall we lose as people? I mean making it illegal in the sense that we upgrade to stiffer penalties – and we had the “Mututho” law. I tend to think that we may affect the business of East African Breweries and other manufacturers, but as long as we allow the manufacturing of alcohol and we do not have sufficient safeguards, although much has been done even from the “Mututho” law perspective, I think we either turn to religion fully because we have lost our values; we have lost our religion, we have lost our cultural and traditional set ups; we have lost parental guidance and we have lost communal or societal values. We had limits as we grew up, but today there are no limits. Maybe we need to turn to both tradition and religion, because enforcement is a problem. Many speakers who spoke this afternoon complained about the high level of involvement of people at the upper echelons of this country. When we listened to what the gentlemen were reporting on Jicho Pevu ; when we look at the huge consignments that we do not know where they end up even after being caught in Mombasa or in other international airports, it makes us to worry. We have destroyed, through the use of drugs and other substances, generations; and we will lose more unless we, as the leadership in this country, seriously think about it. Mr. Deputy Speaker, Sir, I want to appreciate the efforts that the National Agency for the Campaign against Alcohol and Drug Abuse ( NACADA ) is undertaking by going to the level of categorizing miraa as a drug. I was really pleased when they did a presentation in Mombasa and they told us that miraa is a drug. I am sure some of my colleagues from the upper eastern may not be happy, particularly those from the miraa growing areas. Maybe an alternative livelihood option for those kinds of people is important. This comes back to the bit on how best our Government is going to plan, as we get rid of drugs and alcohol. What is the other livelihood option we can think of for such communities? We want to take care of everybody, the consumer and the producer. We would even want miraa to be dealt with. But before that, if we think ahead, we can help the people in upper eastern to do something else. Some of the areas are arid, others are semi arid; some can turn to agriculture, some can keep cattle like us, and that is even going to be better. 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. Hargura.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to contribute to this important Motion. I also thank Sen. (Dr.) Machage for bringing up this Motion. As you know, Mr. Deputy Speaker, Sir, we are a country which has its own aspirations; we want to reach somewhere, and that is why we have Vision 2030, and, of course, that vision can only be attained if we have a productive citizenry. But what we are having across the country is not in that direction; especially our youth, who we are relying on. We know each country depends on its youth, but research done indicates that 33 per cent of secondary school students do actually abuse these substances, and the major group is aged between 17 to 19 years. That shows that our youth are becoming unproductive at a very early age. So, these kinds of visions will not be attained, and that is why we have to declare this a national disaster so that the Government takes it seriously and so that we can sort ourselves out, have this situation arrested and have a productive citizenry. We know very well what is happening right now in the country because it is always in the news. For example, in the central parts of this country, illicit alcohol and spirits abuse is very much the trend and it is affecting the social lives of the people. We know of cases where even the productive systems of the society are affected to an extent that just the other day, it was in the news. Just before the elections, there was a case where a councilor was giving incentives to his people so that they can reproduce and have children. That shows the productive part of that society has been affected so much that even our population growth will be affected, yet what we are relying on is our youth. We have to look at what we are discussing – alcohol and drug abuse. To me, all alcohol is not good and we are seeing its effects already. So, there must be some way of addressing this issue, especially these spirits. Even where I come from, they have become an issue now. They are sold cheaply, they are easily transported in some bottles and those areas where people are idle, in fact, they are affecting them so much that it is also a problem to us. Mr. Deputy Speaker, Sir, the other issue is the case of drugs. We have this issue of drugs – things like cocaine and heroine – which, as it was said here, are not locally produced. But we have Kenyans who engage in this trade who actually bring these drugs 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 opportunity to support the Motion which was moved by Sen. (Dr.) Machage. This Motion could not have come at a better time. We are already talking about a national crisis or a disaster. When our young nation is involved in drinking of illicit brews and taking drugs that are dangerous, then the future of our nation is at stake. 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, and thank you Sen. Mungai for sparing some minutes for me. I think the subject that is before us is very important and very critical. The declaration of alcohol and drugs as a national disaster is very important in terms of creating the necessary awareness about this issue and also getting the attention of the world, all the departments of the world including, if need be, tax exemptions in certain areas that can help us deal with alcoholism or tax punishments 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, hon. Members, it is now 6.30 p.m. It is time for the interruption of business. This debate will continue tomorrow morning or whatever day it will be allocated on the Order Paper. There is some 35 minutes left to this debate. I believe that when it is called on the Order Paper, we shall have some more contribution on this very important debate. Therefore, the House now stands adjourned until tomorrow Wednesday, 3rd July, 2013, at 9.00 a.m. The House rose at 6.30 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.