Order, Hon. Senators! We need to determine if we have a quorum.

We do not have a quorum. I order that the Division Bell be rung.

Hon. Senators, we now have a quorum. Let us proceed with the business of the day.

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, aware that a large population, especially in Tana River, Murang’a, Embu, Kitui, Machakos and Makueni counties depend on Tana and Athi rivers for their livelihood; concerned that industrial, chemical and animal wastes and residual soil continue to find their way into these important rivers thereby seriously polluting them; further concerned that waste from Dandora dumping site is a major pollutant of Athi river; further concerned that the Government response against pollution of rivers has been grossly inadequate; appreciating the provisions of the Environmental Management and Coordination Act, 1999; cognizant that Article 69 (1) (g) of the Constitution obligates the State to eliminate 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. The speaker who is on the Floor is speaking in languages which we do not understand. He should tell us exactly what that means and where he got those words from.

Mr. Deputy Speaker, Sir, I made it very clear that the late President decided to confuse the Wazungus . The language that we are about to speak is also meant to confuse everyone. All I am saying is that we want our resources protected.

I assume that to be in inverted commas. Is that right? It is a quotation and not a mixture of languages.

Yes, Mr. Deputy Speaker, Sir. Mr. Deputy Speaker, Sir, as I was saying, Tana River has not been spared. So, we need the Ministry of Environment, Water and Natural Resources to make sure that those natural resources, including many other rivers are protected, so that we can have enough water. Mr. Deputy Speaker, Sir, water pollution has been extensively documented as a contributor to health problems in human and marine animals ecosystems. It has a huge impact on our lives. If pollution is not contained, then it will destroy our natural resources. Industries and factories cannot be given the first priority at the expense of human life. We are farmers and livestock keepers. We also have families. Although we want investors to come and invest here, we do not want them to concentrate much in making plastic bags, utensils, wheelbarrows and so forth. Investment has to factor in the interests of the people. What Kenyans are looking for is not how they are going to produce beautiful sofa sets or wheelbarrows, but how they will produce enough food for themselves. A healthy nation is one that can feed itself. Unless we make that a priority, we will be struggling to manage our own lives. We need our water to be protected. Many Kenyans are farmers. Therefore, they cannot do without water. We want the Ministry and departmental committee in the next six months to bring a report to this House on how they plan to harvest waters. We should not let our water flow into the Indian Ocean without using it on our farms. Secondly, we want them to table a report here on how they will compensate people who are affected by this pollution. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I rise to second this Motion. I happen to come from Kajiado County where Athi River itself has a source. In those early days in our Geography classes, we used to say that the start of Athi River is called River Galana. Unfortunately, if you try to trace where River Galana is, you will just see a dry bed with raw sewage. I remember those beautiful days where we could learn that the largest river in Kenya is Tana River. If you went there, you could see beautiful sceneries with meandering rivers, beautiful water and plants growing along the river banks. Today, you will find that most rivers in this country have been encroached. The riparian has been encroached. People have built and allowed raw sewage to flow into those rivers. We have a major problem with the water bodies because if you tried to measure the level of water today and compare it with how they were some years back, you will find that the volumes have continued to go down. That is depletion. It ends up resulting in the climatic change which we are already experiencing in our country. Therefore, I support this Motion which compels the Government to protect resources in the water bodies. This protection is not restricted to only Athi River and River Tana, but also Lake Victoria. When we go to Lake Victoria, we do not want to find people washing their cars inside the lake. We do not want to see raw sewage being discharged into the lake. Mr. Deputy Speaker, Sir, all of us know that a number of diseases are normally associated with polluted water. These include cholera, typhoid and other water borne diseases. There are a number of places where you will find a prevalence of these diseases. This is caused by raw sewage. So, the Senate compels the Government to make sure that they are taking care of the environment by preventing pollution. The Government is able to prevent damages done to the rivers by making the polluters pay. This is a noble cause. Mr. Deputy Speaker, Sir, Kiserian Town is next to the springs of what is commonly known as Athi River. But the raw sewage of Kiserian is discharged directly into the river. In fact, we have a dam which was built by this Government. However, we are not sure whether that water has been properly treated for our people to consume it. We know very well that somebody in the morning might treat the water, but we do not know how the treatment will be done in the afternoon. I believe that we need sewerage plants to make sure that there is no raw sewage being deposited into the rivers. This is the only way we can be sure that whatever is being taken to the water bodies is safe. Mr. Deputy Speaker, Sir, we also have our farmers who do irrigation along River Tana and Athi River. They use fertilizers which are chemicals. We also have industries which discharge some chemicals into the rivers. This act also ends up damaging the water course and when animals drink the water, the effects are quite enormous. You will 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.

Mr. Deputy Speaker, Sir, thank you for giving me an opportunity to contribute to this very important Motion. I intended to propose an amendment to this Motion, but seeing the delegation numbers in the House, I would encourage that those who will speak after me can still bring the amendment so that this Motion covers the whole country. Mr. Deputy Speaker, Sir, Section 22 of Schedule 4 of the Constitution assigns environment to the national Government which includes water protection, securing sufficient residual water, hydraulic engineering, safety of dams, energy, fishing, hunting, gathering, protection of animals and wildlife and so on. I want to congratulate the Mover of the Motion who is my Chief Whip for the many good things he said about the Motion and the state of the environment in this country. If you look around the country, there is no single part of Kenya where we are not facing serious environmental challenges. The water sources are challenged. We had the issue of Mau, Mt. Elgon, Cherengany Hills, the Aberdares and Mt. Kenya, which captured the public. These are the five water towers of the country. Each one of them can now not generate half of the water they generated more than 20 years ago. Very water secure counties in this country like Bungoma, Trans Nzoia and Uasin Gishu are now having seasonal rivers. These are rivers that were permanently flowing in the past. Athi River was a permanent river flowing with very clean water. In fact, Athi River and its sources are what contributed to the name “Nairobi” where the Maasais used to call the place of clean cold water, but we cannot say that about Nairobi now. When you go to Kisumu, you will be appalled to see raw sewage being released into the lake and thereafter they go and fish tilapia and we enjoy it on our tables. If you go to Mombasa, the phenomenon of pollution going on is frightening. I am not even sure that the effluent from the sewerage treatment plant that is subsequently released into the river is treated to the level of human and animal use given the levels of corruption and mismanagement that we have recorded in this country. This runs through in all counties. People are now settling on river beds. They sink pit latrines. The sippage enters drinking water and downstream everybody is drawing the same water for drinking. In the last two or three years, the Late John Michuki showed us that it can be done. He took it upon himself to clean Nairobi River. I used to see him in gumboots every morning. Within two months, Nairobi River started getting clean. People started swimming and fishing in it. Today if we maintain and sustain what Michuki started, we can actually draw water from Nairobi River for the use by residents of Nairobi. There is the story of River Thames in London. Because of the industrial revolution in Europe and the subsequent mismanagement of natural resources in the 1960s and early 1970s, River Thames flowed with water that looked like grease. They embarked on cleaning it up. Today when you go to London, you will see people fishing 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 to support this very noble Motion. I want to congratulate the Mover for bringing it to this respectable House. It is quite a refreshing site to see children in the gallery today because when we talk of the environment – I want to quote the late Wangari Maathai – who said that the generation that destroys the environment is not the generation that pays the price. When we talk of conservation of the environment, I do not think it is actually a choice for this House or for any Kenyan. That has been well articulated in Article 9 of the Constitution and it actually uses the word “shall”. The people who have studied English and Literature will tell you that when you use the word “shall” it is not debatable. It is not a choice that the State shall ensure sustainable exploitation, utilization, management and conservation of the environment of natural resources and ensure the equitable sharing of the accruing benefits. As the Jubilee Coalition Government rolls out the promises it made to Kenyans, one of them being free maternity services that has been pledged to this country, it is not enough to bring life to this world if we cannot sustain it to five years. The infant mortality rate of this country has risen up to 77 deaths per 1, 000 births. This is quite a high number. When you look at the target of the Millenium Development Goals (MDGs) 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. Lesan.

Thank you, Mr. Deputy Speaker Sir, for this opportunity you have given me to contribute to this very important Motion. First, I would like to support this Motion from the word go. Before I make any contribution, I would like to thank and complement three very able Kenyans who had the foresight and the practical ability to implement what they did. I would like to take this opportunity to thank the late hon. Michuki, the late hon. Mutula Kilonzo and the late hon. (Prof.) Wangari Maathai for their approach to environmental issues in this country. These 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 support this Motion and congratulate my brother, Sen. Muthama of Machakos, for bringing this timely Motion. The pollution of rivers that has been mentioned in the Motion; mainly, Tana and Athi rivers has been going on for a long time. However, it has reached a point where we must raise the red flag. Our people are dying of a new disease called cancer. Previously, you could hardly hear of cancer cases. However, today, you will only hear of cancer everywhere. When you attend funerals in the part of the world that we come from, particularly, south of Nairobi, where people use water from Athi River and Tana River, you will hear that the cause of their deaths is mostly cancer. We have no doubt in our minds that this cancer is as a result of the water that people are using in these rivers, obviously, because of the pollution that has been going on. This has moved to a stage where as we develop our industries in our cities, they are discharging industrial waste into these rivers without any control, supervision or treatment. The result has been serious negative effects on people’s health. I support my colleagues who have said that it is not only the two rivers that are polluted. At the appropriate time, an amendment will be made to include other rivers because I know for certain, that it is not only the two rivers that are polluted. However, I know that Athi River is more polluted than any other river that I know of in this country. We also have other rivers that are polluted by industrial and solid wastes. That is why diseases which were not known in this country are so much on the increase. The Government’s response in controlling pollution has been wanting. People are building industries and directing industrial waste into rivers without any control whatsoever. This is despite the fact that we have an organization called National Environment Management Authority (NEMA). This organisation is a toothless bulldog. It is doing nothing and industrialists have a field day. While flying over Nairobi recently, I noticed that human settlements are cropping up along all the streams of Nairobi River. One wonders where the solid waste of these settlements is discharged. It is always discharged in rivers. How long are we going to be irresponsible to allow our rivers to be polluted? When you go down there, due to scarcity of water, you will find that, that is the water that our people drink. Some of it is even drunk raw. You can imagine the kind of damage to health that is taking place. Although we are talking about rivers, we can also talk about other waters like the Indian Ocean. Recently, we were in Mombasa. As you enter the City of Mombasa, you will be greeted by a foul smell. I am sure my colleagues can attest to that. This foul smell comes from the waste that is dumped into the sea. You will be greeted by this foul smell 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. Gwendo.

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to support this Motion. I would like to begin by supporting what Sen. Wetangula said about having this problem being corrected nationally. For example, I 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. Mong’are.

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to contribute to this Motion brought by my Chief Whip. The Motion is a welcome move at this point in time. I also concur with the sentiments of my Party Leader, that we need an amendment to make it a proper and broad based Motion. My colleagues have spoken about factories and industries. I am going to talk about factories in Nyamira County. The factories there have no mechanisms in terms of discharge of effluent. This has caused a lot of agony to the environment and the surrounding families and schools. For instance, there is a school called Tombe Primary School. For the last 30 years, the pupils who go to that school suffer from high calibre lithia, which comes from the factory. So, this Motion is welcome as it will encompass some of these details to see to it that even factories which have been there since Independence have safety mechanisms. Secondly, Mr. Deputy Speaker, we have the privilege of hosting the United Nations Environment Programme (UNEP) in this country. But more often than not, if you see the activities of UNEP in this country, they are just concentrated in urban centres, seminars and hotels. I have never seen these people in the other parts of the world, like in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Liza.

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to contribute on the same Motion. First, I want to congratulate Sen. Muthama for bringing this Motion. What I only want to do is to add some three issues to the same Motion. I understand there is a Senator who is preparing to do amendments to this Motion. I would want to request him, to, probably, add up the three issues that I want to mention right now. There is the issue of digging pit latrines next to the boreholes. This has been promoting water borne diseases among the communities. We would want to include this in the amendment. There is also the issue of doing stone mining along the river banks; this, again, has been promoting what we call degradation along the river banks. We all know there is an Act which stipulates that farmers are not supposed to dig 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 the opportunity to contribute to this important Motion. The issue of the environment is a serious issue in our country. The ecosystem in some parts of this country is very delicate as it was mentioned before. According to a study by the World Health Organization (WHO) a quarter of the diseases we are facing actually got into our systems over a long period of time. They are basically pollution related. We do not come to realize it until later in life when they have reached a level where we can do very little about them, because they are not easily detected. We get into this situation through inhalation and ingestion of pollutants and even absorption through our skin. When we have that situation and the kind of health system and level of awareness that our people have, then we are exposing them to very serious health risks. I will give an example of Marsabit County where I come from, particularly an area called Kargi. Some time back in the mid 1980s, there were some explorations that were done there by some foreign companies. They claimed to be exploring for oil, but five years later, we realized that our boreholes had been polluted. In one instance we lost about 6,000 heads of animals. It was attributed to pollution of the water and that borehole was closed. That shows that we do not realize what is happening when our environment is affected until after sometime. Based on the same kind of pollution, for the last ten years now, in that particular area we are losing close to ten people per year because of cancer related diseases. This shows that the people there have been exposed to some toxic or radioactive materials which are affecting them now long after the actual pollution has taken place. Mr. Deputy Speaker, Sir, in this particular case where the Mover of the Motion is referring to the pollution of the two main rivers, we have normally the treatment works in Dandora which we know is done through the natural system. There are ratio and infloculation systems which remove the waste from the water, which is later discharged into the water systems. It was mentioned that the main culprits are the industrial pollutants which release the heavy metals into the system and the natural water treatment system does not absorb those heavy metals. So, they end up in our rivers and downstream that is what people use. Unfortunately, you cannot detect most of these things using your normal senses. They will end up in your system. After sometime, you will experience what the Senator for Kitui said. They are experiencing cancer cases also there because of pollutants upstream. So, there is need to have very clear guidelines and punitive measures on these pollutants like the industrial waste. For example, there must be very clear guidelines that an industrial system cannot release its waste into the normal sewerage system, until it has been tested to a particular level that they have removed the pollutants which cannot be taken care of by the normal water treatment systems. That is what is missing. We may have all the legislations on paper, but actually the implementation is the problem. We have to impress on the Government that those systems have to be addressed. First of all, the control has to be at the source or factory level. There must be some way of making The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Mr. Deputy Speaker, Sir, for giving me this opportunity to contribute to this very important Motion. I would like to thank the Mover of the Motion, Sen. Muthama. This Motion could not have come at a better time. Mr. Deputy Speaker, Sir, pollution is a very serious issue in our environment. Industries have, of course, contributed a lot to the mess. This is because of the chemicals from plastics and other pollutants that are emitted from them. I have had a chance to visit Athi River down in Thika. It is very shocking that, that river stinks. Even the colour of the water is black. This river is supposed to support the lives of many families. It is supposed to be hosting aquatic life, that is, fish and other species that could be helpful to the families downstream. So, it is important that anything that gets to that particular river, either from the households and factories in Nairobi or other centres, is properly treated to ensure that the families which live near where the river passes benefit. The same water is supposed to be used for irrigation and other purposes. So, it is important that measures are taken to ensure that before we even talk about compensation, cleaning up of the river itself by any person that is involved in its pollution is undertaken. Mr. Deputy Speaker, Sir, Tana River also has a lot of soil. Most of this soil is, of course, the top soil that is washed into the rivers when it rains. It is good to note that this soil is the most fertile, coming from the areas where the river passes. It is my humble request that the Ministry concerned takes care and ensures that environmental degradation is controlled. 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 Bw. Naibu Spika kwa kunipa hii fursa. Ningependa kuchangia Hoja hii kwa kusema kuwa sisi watu wa mashinani mara nyingi huwa tunapata matatizo kutoka sehemu zingine. Kwa mfano, makampuni ambayo yako kwingine humwaga uchafu ambao unatuletea sisi shida. Jambo hili la pollution linaambatana na mambo mengine kama uharibifu wa misitu, unaofanywa na makampuni au mashirika ya Serikali. Mashirika haya huwa hayaangalii mathara wanayosababisha kwa watu. Bw. Naibu Spika, sisi watu wa Tana River tunapata mathara kila wakati kutokana na miradi ya kiholela inayoanzishwa na mashirika ya Serikali naya kibinafsi. Jambo hilo hutuletea Malaria na magonjwa mengine. Hivi majuzi nilikuwa nikilalamika juu ya TARDA na KenGen. KenGen hufungulia maji bila kutujulisha ili tuweze kujipanga. Maji haya hutuathiri, kutusomba na kutuletea magonjwa kila wakati. Kila wakati sisi watu wa Tana River tunaanzia mwanzo kwa sababu ya kupata hasara kutoka makampuni au mashirika ya kiserikali. Sababu inatakikana wakati jambo lolote likitaka kufanywa, lazima maslahi ya watu yaangaliwe kule mashinani na lazima watu wahusishwe wakati miradi inafanywa ili isiathiri watu. Kuna hizi polythene bags ambazo hutupwa kiholela na hivyo kuharibu mazingira na ilhali makampuni hayo huenda hata sio ya Wakenya. Tunasema kwamba ikiwa kampuni yoyote itakuwa mashinani, ni lazima walipe kiwango fulani ili waweze kupata fidia. Kwa hivyo, ninapongeza walioleta Hoja hii na ninaunga mkono bila tashwishi kwa sababu sisi tumechaguliwa kutoka kaunti na sisi ndio tunaathirika sana. Ningependa kusema kwamba kampuni za KenGen na TARDA ambazo zimekaa Tana River bila kupitia njia ya kihalali yafaa zilipe fidia na zituondokee kwa sababu tuna haja na ardhi hiyo. Tsavo West na Galana ziko katika eneo la Tana River. Wakaazi wa hapa walikuwa na ukosefu wa masomo lakini leo watu wa Tana River wanaelewa haki yao. Wale ambao walisema kwamba kutakuwa na project ya mamilioni ya irrigation ningependa kusema kwamba sehemu hiyo ni ya ufugaji na haitaweza kuwa mashamba. Sehemu hiyo tunaipangia kama watu Tana River. Watu wa Tana River wamezozania rasilmali kwa muda mrefu. Hii ndio sababu watu wanazozana kila wakati na wangependa kukaa chini na kujadiliana ni wapi watajenga na kufanyia miradi yao. Kwa hivyo, kila wakati ni lazima watu wahusishwe. Jambo la kutohusisha watu ndio chanzo cha mizozo na kuathiri watu kiafya na kiusalama. 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 for the opportunity, Mr. Deputy Speaker, Sir. I want to start by expressing my appreciation to Sen. Muthama for the initiative to bring this Motion at this particular time. Although I notice that River Tana and Athi River largely affect the six counties named here; Murang’a, Embu, Kitui, Machakos and Makueni, I am also aware that the spirit of this Motion, in fact, touches on the lives of people living in various counties around the country. Therefore, I want to start by stating the obvious, that is, water is life. Water is life because we depend on it for drinking, cooking, washing, for domestic animals and even wildlife and more importantly for other agricultural activities. We need water to produce food that we eat in our houses. So, water enables us to be self-sufficient even at the family level. Therefore, any activity that pollutes water affects our livelihoods in one way or the other. The effects of industrialization and human settlement as demonstrated here have affected the lives of the people, not only in these six counties but in all the counties. We have seen and it has been demonstrated here by those in the medical profession that waterborne diseases are caused by contaminated water. There are also other emerging diseases including cancer and others which can be traced to the contamination of water. The moment we pollute water, we prevent people from engaging in activities that enable them to earn a livelihood. This causes social disorder which brings about poverty in our areas and counties. Therefore, I strongly feel that this Senate has a responsibility to defend the people of this country to ensure that their welfare is protected. What this Motion is demanding is not unreasonable. What we are saying is that in this country, the Constitution and various laws obligates the State to eliminate processes and activities which are likely to endanger the environment. The laws already exist and what this Motion is calling upon is to ensure that those laws are enforced. As a Senate, I think we have an obligation, each one of us, to ensure that we stand firm to ensure that laws that protect the environment or laws that are intended to protect the lives of people and their welfare are enforced without exception. Mr. Deputy Speaker, Sir, I want to say that water along these rivers and along other rivers in this country, is shared and if we allow contamination and destruction of water and other similar shared resources, we will perish as a nation. Therefore, our obligation is immense. We have an obligation to protect those waters and other shared resources by ensuring that these laws are enforced. We ask the national Government to ensure that all the necessary measures are taken to stop pollution. We also ask that those responsible for discharging waste, metals and other pollutants are held accountable by ensuring that they pay compensation to victims of their own activities. To ask for the Government to give us a report on a six-month basis is not in any way unreasonable. Therefore, I want to support this Motion. The spirit and timing are ripe. We have an obligation to ensure environmental laws are enforced and our waters are safe. As a country that is the way we should go. With those few remarks, I support.

Mr. Deputy Speaker, Sir, first of all, I would like to congratulate Sen. Muthama for coming up with this very important Motion. 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.

Asante sana, Bw. Naibu Spika, kunipatia nafasi hii nichangie Hoja hii muhimu sana. Kwanza, ninamshukuru aliyeleta Hoja hii na kumwambia kwamba siyo Murang’a, Embu, Kiambu, Machakos na Makueni pekee, hata sisi wapwani tumo. Kwa mfano, Kilifi na Malindi. Kwa hivyo, asifikirie tu kwamba kwake ndiko kuna shida, kwani mito hii inafika kule Pwani. Kwa hivyo mito hii ni rasilmali yetu Wakenya na rasilmali hii ndio sisi Wakenya tunajivunia. Nia na madhumuni ni kwamba mito hii ndio inatumika katika viwanda kwa sababu viwanda ndio maendeleo, viwanda vinabuni kazi na kukuza uchumi. Lakini viwanda hutoa uchafu. Hatukatai wananchi wapate kazi katika viwanda na tuwatoze ushuru, lakini kuna matokeo ya uchumi huu ambayo yanaharibu mazingira. Hilo ndilo lengo la Hoja hii. Ni kweli viwanda vinakuza uchumi, lakini kuna athari ya mwisho inayotokana na mazuri haya. Yule anayejenga kiwanda huwa amefanya utafiti na kujua mazao atakayoyapata, lakini Hoja inasema kwamba yule atakayeathariwa na maji machafu apatiwe manufaa fulani. Hii si siri wala ni ukweli wa mambo. Ni lazima mto uteremke chini, upende usipende. Hoja hii inapendelea kwamba wale wanaoathirika kule chini nao wapate faida inayotakana na manufaa ya viwanda. Bw. Naibu Spika, tukizungumza juu ya mito hii, kule kwetu Pwani upande wa Sabaki watu wanakunywa maji ya Mto Tana. Maji yanayotumika Mjini Mombasa yanatoka katika mito hii lakini ule uchafu unaotoka kwenye viwanda ni mwingi. Kuna mashirika mengi ya Serikali ambayo yamefanya vikao vingi na kuandika sera kuhusu mazingira; watu wanaenda Geneva, London na kwengineko lakini baada ya hivyo vikao, hakuna lolote linalotendeka. Kuna shirika kama NEMA, TARDA lakini hatuoni faida yao. Tunachoona wafanyakazi wakiendesha magari aina ya Prado. Hatuoni matokeo yoyote. Ndio maana kama Bunge la Seneti linalosimamia mambo ya kaunti kutoka juu hadi chini lihakikishe kwamba haki inatendeka. Ningependa kutoa mfano wa Mto Umba kutoka Kwale Kaunti ambao unatokea Tanzania kwenye Milima ya Usambara. Ndugu zetu Watanzania wameweka vidimbwi vya kutoa umeme. Ni tatizo gani linalotukumba sisi Wakenya? Mto wa Umba unapokauka, uchafu wote unaotokana na Mto Umba unateremka. Kila Desemba, pwani ya Lunga Lunga kuna Cholera kwa sababu maji huwa yameshuka katika mto. Pollution huwa juu. Watu hunywa maji ambayo yako polluted . Kiwango cha maji kutoka Lunga Lunga huwa chini. Inamaanisha kwamba watu wanakunywa maji machafu na ukinywa maji machafu unashikwa na Cholera . Chanzo cha Cholera ni Mto Umba. Maji yakishajaa, hatuna shida. Bw. Naibu Spika, kuna kiwanda kinachojengwa kule Ramisi na uchafu wake utaingia kwenye Mto Ramisi. Kule Marere, maji hayo yataingia kwenye mto huo. Uchafu wote wa kule Ukunda unaingia katika mito hiyo. Kule ndani kuna makaratasi na hata condoms. Ni lazima jambo lolote tutakalolizungumzia hapa litiliwe maanani. Ndio maana tukasema kwamba Sen. Muthama amefikiria jambo nzuri sana. Ndio maana nikasema kwamba, sisi kama Seneti, kuna haja ya kuhakikisha kwamba masilahi ya watu wetu wote yanalindwa. Isiwe tu kila wakati tunazungumza juu ya Budalangi kukiwa na mafuriko. Haya mambo hayasababishi yenyewe. Kuna sababu na inajulikana. Wakati utafika ambapo mvua itakuwa nyingi na mafuriko yatakuwepo. Mashirika haya ya kulinda mazingira hayafanyi kazi yake, ilhali yanapewa pesa kila mwaka. 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, for giving me this chance to contribute and to support this Motion. First, I want to thank Sen. Muthama for bringing this Motion which, in my view, is long overdue. It is really befitting that the Upper House of the Senate is the one that has brought this Motion that really affects the lives of our citizens. The issue of pollution of our waters is a threat just like any other threat to the nation. Pollution is like a war declared on our nation. Our economy and health depend on clean water. We know, as a country, that we are a water scarce nation. The little water that we have in the form of rivers and lakes is precious. Unless we take measures to conserve water, we are doomed. The economy of this country depends on water and I would like to cite a few examples where we are seeing a threat to our economy. There is the case of the water hyacinth which is threatening fish and even communication within the lake. Scientists have told us that hyacinth is developing in the lake due to chemical pollution and also solid waste pollution in terms of sediments. When you look at water borne diseases, we spend a lot of money treating Kenyans. We vote a lot of money to the Ministry of Health to treat people suffering from water borne diseases; typhoid and so on. All this is an expenditure we could have avoided if we cared to treat our waters. Mr. Deputy Speaker, Sir, our beaches which are a major attraction of tourists and a major source of foreign exchange are polluted. Senators have said how waste through the Tana and Athi Rivers flows into the Indian Ocean where our beaches are. Today, if you go to the beaches, when there are no tides, you see plastic material. The disposal of plastic in this country has become a problem. If you go to Naivasha, you will see beautiful wildlife like monkeys among other animals. However, you will also see a lot of plastic on the road sides and yet nobody cares. Delamere is selling his milk. After the milk is sold, the plastic package is thrown but he takes no responsibility to ensure that the pollution is taken care of. The Jubilee Government has undertaken to irrigate two million acres probably in a year or whatever period. Of course, the source of water for the irrigation will have to come from these rivers; Tana River, Athi River, among others. I will support an amendment, when it comes, to cover other rivers like Nzoia and Turkwel, among others. If the water in the rivers is polluted, the products we produce, as Sen.(Prof.) Lesan has 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 will have to close debate on this Motion at mid day. The reply will be at mid day. We are, therefore, running out of time. With that in mind, I will take two more speakers; first, hon. (Prof.) Anyang’-Nyong’o and then Sen. Ong’era.

Mr. Deputy Speaker, Sir, I will speak very briefly so that most Senators can also have an opportunity to speak to this Motion. I just want to say a few things in support of the Motion. In line with what Sen. Ndiema has said, if we do not protect our water resources, we, as a nation, stand to lose a lot. I have seen how fishing in Lake Victoria has been affected by pollution, not just by the presence of hyacinth in the lake but by the quality of water in the lake for that matter. Quite a number of fish species have either disappeared or gone down drastically. The cost of fish to the consumer has gone up because of diminishing supply. Therefore, I believe that managing our water resources is extremely important to this economy. However, more importantly is the need to take urgent steps as the Mover of the Motion has said. If you remember very well, the Nairobi River was at one point almost dying in the sense that during drought, the water was very little whereas during rainy seasons, it would flood and become a health hazard to the City of Nairobi. When the late hon. John Michuki was the Minister for Environment and Mineral Resources, characteristic of him, he did not just talk. He took drastic steps to start reclaiming the Nairobi River and making sure that this becomes a sight of attraction rather than a sight of shame. What he did should be emulated in conserving and improving other water resources in our country. Action is much better than mere words. 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 rise to support this Motion. We are now faced with greater challenges of environmental management. Global warming has become a reality in the world. This has arisen due to poor management of our environment. We, as human beings, have degraded our environment greatly by polluting it. Therefore, I would like to congratulate Sen. Muthama for bringing this Motion to the House because it looks at how we have treated our environment and how we can make it better. If I were Senator Muthama, I would have further amended it, not just to deal with more rivers but the entire rivers we have in this country including Gucha River in Kisii County. Unless this country harmonizes all the bodies including the busy body that Senator Anang’-Nyong’o has spoken about in Lake Victoria, we will never resolve these issues. There are many issues which are even colliding with one another. I remember a certain case – I wish Sen. Obure was in the House – where we were resolving an issue concerning Gucha River in Kisii County, many bodies turned up. The municipality turned up with an environment body, there was NEMA and another one from the central Government as it was known then. It is now the national Government. All these officials were purporting to resolve issues of pollution especially with regard to dumping in rivers. I think we need to have an integrated approach as to how we manage the environment and how we deal with waste management. If these two could be harmonized and then people could really understand, especially if we do civic education to our people, we will not have these issues of pollution. Mr. Deputy Speaker, Sir, there are greater issues, not just on polluting the rivers. There is the issue of sand harvesting that continues to make the people, especially in Makueni County, lose their land. That is also another form of environmental degradation. Therefore, Mr. Deputy Speaker, Sir, I would like to request Sen. Muthama to consider sending this Motion back to the Committee on Agriculture, Land and Natural Resources, where we could look at it in more detail and, perhaps, come up with a Bill to consolidate all the other Bills that we have before us so that we can have proper interrogation and discussions in this House. I thank you for giving me the opportunity.

Sen. Beth Mugo, I thought you wanted to contribute? You will be the last--- Okay, I think Sen. (Prof.) Lonyangapuo wants to contribute also.

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to contribute to this Motion, which I support, especially as it is very related to the health of Kenyans. Eighty per cent of a lot of diseases, including diseases which are killing babies is because of water. Therefore, I would like to add here that, as we look into the pollution of the rivers – which is the source of most of the water that our people drink, especially in the rural areas – it is absolutely important that we make sure that it is pure 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.) Lonyangapuo.

Thank you, Mr. Deputy Speaker, Sir. I also join my colleagues in thanking the honourable Senator for Machakos, Sen. Muthama, for bringing this Motion. Mr. Speaker, Sir, I beg to move that the Motion be amended as follows:- 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.

Bw. Naibu Spika, mbiu ya mgambo ikilia kuna jambo. Asiyesikia la mkuu huvunjika guu. Pia majuto ni mjukuu. Naunga mkono vile Hoja hii imerekebishwa na Prof. Lonyangapuo kwa sababu sisi katika Seneti tunajua kuwa kila Mkenya ni sawa na sehemu zote za Kenya ni sawa. Bw. Naibu Spika, ninafurahia Hoja hii ambayo imeletwa na Sen. Muthama, akiwa na hekima. Tunataka kuipanua ili iangazie nchi nzima ili iwe na faida na kutoa mazao zaidi kwa nchi nzima. Hii ni kwa sababu tukiangaza mawazo yetu kwa nchi nzima, tunaona kuwa nchi nzima imeoza kwa uchafu na mipango mibaya ya binadamu. Imeoza pia kutokana na viwanda ambavyo vimestawishwa bila mipango. Imeoza pia kwa sababu desturi zetu za mazingara hazifai. Watu wanatupa kinyesi popote pale bila kujali. Imeoza kwa sababu sisi hatujali utu. Mazingira yakiwa mabaya mazingara huchafuka. Mazingira ni uhai na uhai ni mazingira. Kwa hivyo, ni lazima tutahadhari kabla ya hatari. Ni lazima turekebishe haya kabla utu na maisha tunayozingatia haijaangamia. Tunafaa kuangaza mawazo hata kwa sehemu za magharibi ambako kuna gugu maji. Ziwa Victoria linaangamia kwa sababu ya gugu maji. Hii ni kwa sababu watu walioko hawajatunza mazingira vizuri. Je, ziwa kama hilo likipotea na kuangamia ni sehemu kiasi gani ulimwenguni itaathirika? Maji hayo husambaa hadi nyanda za chini mpaka kaskazini mwa Afrika. Misiri, Sudan na nchi zingine zinatumia maji hayo na huku sisi tunayachafua. Haya ni mambo ambayo tunaweza kuyazuia. Juzi niliwaambia hapa kwamba Mkenya sasa hivi anatarajia kuishi kwa miaka 47 tu, ukilinganisha na miaka 70 na zaidi katika Uropa na kwingineko ulimwenguni. Inamaanisha kuwa katika Seneti hii wengi wetu hatufai kuishi tena kwa sababu tushapita kiwango hicho. Hii ni kwa sababu ya vitu vichache kama uchafuzi wa maji. Mwenzetu hapa alisema kuwa kila mnapoenda Pwani kujivinjari mnawacha kipindupindu. Mnafurahia lakini wale wanawachwa wakisaga meno na kuteta. Wanatumia pesa nyingi kusafisha uchafu huo. Bw. Naibu Spika, kwa hivyo, ni vizuri kuipanua Hoja hii na kuangaza mawazo yetu kwa nchi nzima ili Serikali iangaze kabisa fikira zake kwa mito yote katika nchi nzima, kisha itupatie ripoti mara mbili kila mwaka, wala sio mwaka huu, mwaka ujao au mtondogoo tu. Nafikiri kuwa jambo kama hilo litakuwa la manufaa na tutajua ni kiasi gani tutapiga hatua katika janga hili. Miswada na sheria kadhaa zishaangazwa katika Bunge tangu siku za zama. Kuna sheria ya mwaka wa 1999, kipengele cha 69. Hii sio sheria ya jana; sheria zipo. Mhe. Michuki alizitumia kusafisha Mto wa Nairobi. Kuna Michuki wangapi hapa? Kila wakati mhe. Michuki, basi, yeye kaanza basi na sisi tuendelee. Lazima tuyazoee hayo mawazo yake kwa sababu aliyawaacha kabla hajaenda zake, tuyatumie kuhakikisha kwamba mazingira ambayo tunaishi ni mazuri na mema. Yafaa tuhakikishe kwamba mazingira yametunzwa kwa dhati. Bw. Naibu Spika naomba kuunga marekebisho haya mkono. 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, I stand to seek your guidance on a further amendment on the amendment which has been suggested. I stand under Standing Order No.52(b) and Standing Order No.9(3) because I had already made a contribution. This is a very important Motion because it is touching on rivers and water bodies. I think a small amendment should be made to include water bodies themselves. So, wherever the word ‘rivers’ appears, we should include water bodies so that we take everything on board. I will ask Sen. Ole Ndiema to second my amendment.

Just a minute before you do that. I have not allowed you to move the amendment on the amendment.

Sorry, Mr. Deputy Speaker, Sir. This is a learning process.

Hon. Senators, we have to finish with the business before us first and the amendment that has been proposed and seconded, so I am going to propose the question. Anything else can only come after we have dealt with this.

Hon. Senators, since there is nobody interested in debating the amendment, I will now put the question. We have to make a ruling under Standing Order No.69 on whether this affects counties or not. Standing Order No.69 requires that we must state whether it affects counties or not.

Order, Senators! It is not upon you to tell whether it affects counties. That is the prerequisite of the Speaker. So, wait for me to make a ruling. Standing Order No.69 requires that we must make a ruling. In my considered opinion, the Motion as amended is a national issue and not an issue that has to do with counties. We are asking the national government to take certain measures specifically so that we are able to enforce the Motion as originally drawn and also as amended. So, I rule that this is not a Motion affecting counties as contemplated under Standing Order No.69. Therefore the voting shall be as under Standing Order No.70(1) and (2). So, I will now put the question.

Hon. Members, it is now midday and it is time to call upon the Mover 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, before I respond I wish to share my remaining ten minutes with my neighbour, Sen. Njoroge. We share the river and so I ask him to take the first five minutes.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Motion as amended. From the onset, let me congratulate, just like my colleagues have done, Sen. Muthama for moving this very important and timely Motion. We have all by unanimous consensus agreed that indeed, this is not only a national issue but it is also a major national concern. When the Mover of this Motion was moving it, he referred to some young men who normally dive to attract tourists in the Fourteen Falls Dam. I also want to share in that concern and, indeed, declare that those young boys come from my county in the area of Thika. As the Mover said, little do they know that in the course of their gimmicks and in their attraction, the black water they dive into, is indeed, a dive of death. When they dive into the dam and come out of that water, they are carrying poisonous chemicals in their bodies, some that they have swallowed in the course of diving. The greatest victims of this problem are the children and the poor people of this country. Mr. Deputy Speaker, Sir, the name Wamatangi is derived from a project which I run in supplying water preservation tanks to the community and I have firsthand experience in what happens to the poor communities. I would say that cities like Nairobi and other urban towns, I can declare to this House that almost 70 per cent of the families rely on water directly from the river. They have no purification system or a method of determining what is polluted and what is not polluted. That is why, as some contributors have said here, you will be surprised to see that in the rural towns and counties, diseases which were hitherto never there like cancer are there. This is as a result of this problem. In the course of industrial pollution, this problem has magnified itself to even take a bigger toll on our citizens, including causing huge national losses of lives. I have in mind, a few years ago, this country suffered a major disaster. This was directly derived from the problem we are addressing today. We all remember when there was a big disaster at the Kenya Pipeline in the slums of Mukuru kwa Njenga. We all know that this problem started because the company was said to have diverted its waste oil into the sewage system which eventually was pouring into the rivers. This magnified itself differently into such a huge national catastrophe which cost livelihoods and a major economic destruction to the lives of those people and to this country at large. This is a big problem. Mr. Deputy Speaker, Sir, we should call for definite action that is going to ensure that this Motion does not only become another report in the shelves or another source of what would be called a talking shop. In this Motion, the Mover has specifically mentioned the Dandora Dumpsite as one of the major sources of pollution. It would be self defeating if we do not then follow this by asking the Government to immediately take action in ensuring that the move to relocate this dumpsite in Dandora has taken place right away and not tomorrow so that this pollution can stop forthwith and indeed, all the other problems that are visited on the communities around Dandora can also be addressed once and for all. The Motion also calls for penalties to be imposed on the violators of this proposed law. I would also want to call and to support that indeed, the penalties that we are going to impose upon those who choose to violate this law should be very stiff. 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, allow me to thank my colleagues for the great contribution they have made to this Motion and also the seriousness they have shown in the Motion. Without talking a lot, it has come out very clearly that we are dealing with natural resources. For us to get what we want there is only one way forward. This is to say to the Department of Environment and Natural Resources and NEMA, to move fast and stop the polluters of our great rivers. It would not cost them anything to do that. It is just implementing the law which is in place. The law is there and what the department and NEMA should do is to stop those polluters immediately and divert whatever they are draining into our rivers to a different place. Mr. Deputy Speaker, Sir, we are expecting the long rains in October, and if there will be no pollution between now and October, the rivers will be cleaned naturally and at the end of the day, we will have water. Senators have made several suggestions, and one of them was to do with the Committee on Agriculture, Land and Natural Resources. I totally agree with what Sen. Ong’era said, and I would go further and say that the money that is available to this Committee, like what Sen. Murkomen has said, we should not spend the money to go to Geneva to see how people are drinking water on the streets. That money should be used by this Committee to visit most of these rivers and assess the situation so that they can make their own recommendations that will supplement the current Motion. Sen. Mugo brought up a very important point of availing civic education to those who are living close to the rivers. But even if we gave them the civic education, they are not the polluters. I agree with what Sen. Mugo said but we need to go further and compel the department to deal with this issue. There is no way that the department can escape from its own responsibility of maintaining the water resources. One Senator referred to spring waters. We know that there is no spring water in this country that is clean and can provide clean water. God gave this country the flowing springs all the way from Mt. Kenya to the other end of the country. The springs are there and they should be maintained in order for us to get clean water. Mr. Deputy Speaker, Sir, if airlines are paying for polluting the air globally, they should also do it here. That will enable us to give our people clean water and protect them from diseases. I beg to move.

Thank you very much, Sen. Muthama. As I had ruled before I put the question, when we were dealing with the issue of the amendment as required by Standing Order No.69, it is my considered opinion that this Motion does not affect counties. Therefore, we will proceed to vote as provided for under Standing Order No.70 (1) and (2). Having made that ruling, I will put the Question.

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. Senators, it is now time for interruption of business. The Senate, therefore, stands adjourned until 2.30 pm this afternoon. The Senate rose at 12.20 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.