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

Mr. Speaker, Sir, we have 19 Senators in the House; we have a quorum.

Proceed.

Mr. Speaker, Sir, I rise to give notice of the following two Motions. COMPENSATION FOR COMMUNITY DISPLACED BY TURKWEL GORGE DAM THAT, aware that the construction of the Turkwel Gorge Dam by the Kenya Electricity Generating Company (KenGen) led to the displacement of many Kenyans due to the large area covered by the dam; noting with concern that no compensation was given to those who were displaced; further concerned that the dam is a breeding place for mosquitoes which cause malaria and is heavily infested with crocodiles which pose a danger to both livestock and people living around the dam; noting that the area lacks necessary social amenities such as schools, dispensaries and access roads; the Senate urges the Government to compensate the displaced persons and to purchase motor boats and construct access roads, dispensaries and schools in the area in order to enable Kenyans living around the dam locality to move with ease and to access necessary social amenities. 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.

Where is the Senate Majority Leader or his representative? He is not here; okay; next order. AGREEMENT BETWEEN NATIONAL AND COUNTY GOVERNMENTS ON INFRASTRUCTURE DEVELOPMENT AND EQUIPPING OF EDUCATIONAL INSTITUTIONS THAT, recognizing that the respective functions and powers of national and county governments are provided for in Article 186 and the Fourth Schedule of the Constitution, and that under paragraphs 15, 16 and 17 of Part 1 of the Fourth Schedule, education policy, including promotion of sports, is a function of the national government; further recognizing that Article 187 of the Constitution provides for the transfer of functions and powers from one level of government to the other, particularly if the function or power can be more effectively performed by the receiving government; aware that Part III of the Intergovernmental Relations Act, 2012 requires that agreements on transfer of functions be in writing and Part III of the Transition to Devolved Government Act, 2012 recognizes the role of the Transition Authority in the transfer of functions; the Senate urges the national government to enter into agreement with county governments with a view to transferring resources, functions and powers 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! I think this Motion had been concluded. So, what we need to do now is just to vote. Since it is a matter affecting counties, we will take the Roll Call Division and voting is by county delegations. So, ring the Division Bell!

Order, hon. Senators! The time for ringing the bell is up.

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

What is it, Sen. Murkomen?

Mr. Speaker, Sir, I rise on a point of order under Standing Order No.51 (3), which says:- “Despite paragraph (2), the Speaker may, on the request of a Senator, defer the putting of the question to the following day in which case the Speaker shall thereupon nominate a time at which the question shall be put.” Mr. Speaker, Sir, you had determined that today we will vote on this Motion. My memory is not very clear but I thought we would do this at about 3.00 p.m. Considering the seriousness of this Motion and the fact that even during debate there was minimal opposition and since we do not have the necessary quorum to pass the Motion, I would like to request that using your discretion, the vote be deferred to Wednesday next week at 3.00 p.m.

Hon. Senators, if you look at Standing Order No.51(3), it says:- “Despite paragraph (2), the Speaker may, on the request of a Senator, defer the putting of the question to the following day in which case the Speaker shall thereupon nominate a time at which the question shall be put.” Emphasis here is “deferring the putting of the question to the following day”.

Mr. Speaker, Sir, instead of the following day, if you could defer the vote for 30 minutes. We will be able to raise the requisite quorum. We only require two more hon. Senators in the House to raise the requisite quorum.

Hon. Senators, let us allow for some consultations. I will defer this Motion until my ruling on this after about half-an-hour. 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, since the Senate Majority Leader is not in the House and I cannot see the Deputy--- As I was entering the Chamber, I saw a call from him, which I could not receive. I believe he wanted to delegate. With that strength, I now wish to proceed and move the Motion. APPROVAL OF SENATE CALENDAR FOR THE FIRST SESSION

Mr. Speaker, Sir, on behalf of the Senate Majority Leader, I beg to move the following Motion:- THAT, pursuant to Standing Order 28, the Senate approves its Calendar (Regular Sessions) for the First Session of the Senate, as contained in Appendix B. We are now in the 11th week of business as listed on the proposed Senate Calendar. Today we have precedence for Majority, Minority and Committee Business. Tomorrow we have precedence for Majority, Minority and Committee Business. The 12th week will also have precedence for Majority, Minority and Committee Business from the week starting 9th July, 2013. On 10th July, 2013, morning sitting, we will have precedence for business not sponsored by Majority, Minority and Committee---

Order, Sen. Mositet! I know you may have been ambushed, but I think every hon. Senator can read the Calendar for himself or herself.

Okay, Mr. Speaker, Sir. I beg to move.

Who is seconding the Motion?

Mr. Speaker, Sir, Sen. Wamatangi can second the Motion.

Mr. Speaker, Sir, I beg to second the Motion that the Senate adopts its Calendar as proposed by Sen. Mositet.

Mr. Speaker, Sir, I rise to support this Motion. This Motion has been moved under Standing Order No.28 which provides for the Senate to come up with its calendar for the entire year. This is a good development. It is a deviation from what we saw in the Tenth Parliament where the calendar of the National Assembly was literally dictated by the Executive. This is a good move. For the first time we have this 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.

Prof. Anyang’-Nyong’o.

Mr. Speaker, Sir, while I rise to support the Motion, I would like to seek some clarifications. I notice that from Week 16, we shall go on a marathon of 13 continuous weeks of meeting and then break at the end of Week 29 to go on a recess for 67 days. In December, we have Jamhuri, Christmas and Boxing days as holidays. We also have new year’s holiday. Are those days counted among the 67 days or the 67 are working days, so that we are not deprived of our normal holidays like the rest of Kenyans?

Sen. (Prof.) Anyang’-Nyong’o, you rose to contribute to the Motion and then you sought clarification. This is a Motion, you need to give your suggestions and, of course, the Mover will clarify when he is replying.

Mr. Speaker, Sir, I was so anxious to make my proposal that I thought I had finished. My proposal to the Mover is as follows:- One, given that December has at least three holidays in it, 12th December, 2013, 25th December, 2013 and 26th December, 2013 and January has yet another holiday on new year’s day, I propose, with the support of the House, particularly that of my Chairman of the Committee on Finance, Commerce and Economic Affairs, Sen. Billow, with his wisdom, that we shall not count those holidays within the recess of 67 days because when you are on recess, you are actually recessing from work not from holiday. I leave this to the discretion of those who calculated these days. But at least, for the holidays that are gazetted in Kenya, my proposal is that we do not count them among the 67 days. That will mean that we stick strictly to working days. I am not sure what proposal I can make regarding the weekends. Having said that, I wish to congratulate those who worked on this Calendar clearly, so that we know exactly what is happening on each day of the week. This is commendable since it shows the manner in which we should proceed, so that we plan accordingly. I beg to support, Mr. Speaker, Sir.

Sen. Karue!

Mr. Speaker, Sir, I rise to support this Motion. But I also wish to bring to the attention of the Chair that this Motion is coming a little bit late. As a result, if you look at where we have indicated as “Recess” after Week Six, we actually took recess on the Seventh Week. Whereas I support the Motion, I wish to move an amendment, so that we remove “Week Seven” and make it part of the recess of the 11 days. Thank you, Mr. Speaker, Sir. 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 support the Motion. However, I have one observation to make---

Mr. Speaker, Sir, if we could have some silence in the House. The consultations are a bit too loud.

Order, hon. Senators! Sen. Karaba is on the Floor. Please, consult in low tones.

Mr. Speaker, Sir, I was suggesting that much as we support the Mover and the Motion, it is important to note that our last session, as Sen. Karue has said, has many weeks. It is proper if one of the weeks was brought forward, so that we can have a shorter session towards the end. Secondly, with the two recesses, one in August and the other in December, this is the time when most of the committees move out to compare what they have done in the Senate. This is when the committees have a lot of work. I note that some committees have had time to move out, others have not. On the same note, I seek from the Mover whether it is possible to have a committee’s calendar so that we get to know which committee is moving out and at what time. Mr. Speaker, Sir, we also have problems with some of the committees which we had said that we would split into two or three. This is a position that we do not known so far. It is proper if that position is known before we commence the recess. I support, Mr. Speaker, Sir.

Sen. Wako.

Mr. Speaker, Sir, thank you for giving me this opportunity. First of all, I completely support this but I just want some clarification. We were led to believe at the beginning of our sitting that the House Business Committee was considering changing the timings of our sittings to be slightly different from the sittings of the National Assembly. So, I want to know whether by approving this, you are actually telling us that the Committee did not consider that proposal and that we are back to these sittings. Secondly, I would want to know whether it is not feasible that the August holiday goes to mid September as usual to enable committees to do a lot of work during that particular holiday so that when we come back we have a very engaging debate on the work that the Committees have done before we conclude the year. I believe that those extra two weeks can be taken from the month of December; rather than adjourning too early in December, we have an extra week to clear any work done by the committees during the August and September holiday.

Mr. Speaker, Sir, I also rise to support the Motion. I think it is in order that we get a one month break in August and two months in December. December- January are the days for planning for children to go to school and so forth. I am happy that this House, for the two months that it has been in existence, has actually done quite a lot of work in terms of the Motions we have passed. If you look at the Order Paper today, you will find that there are more than four Motions lined up and many more notices of Motions. It is really becoming clear that this is going to be a very busy House. 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. Kittony!

Mr. Speaker, Sir, I rise to support this Motion. Personally, I am very happy that we have the programme set out very clearly for us so that we can be organized and be better people. I would like to ask whether this programme is set or are we still in a position to bring in more Motions or Bills in the House? For me, it is good because we know our timings but I think we need to revisit the issue of December. I support the people who said that we need to relook at the programme and the dates for December. With those few remarks, I support.

Order, Senators! Since I do not see any other interest in the contribution, I will ask the Mover to reply. As he comes, Sen. (Eng.) Karue and Sen. Wako made certain proposals which should be considered.

Na yangu pia.

I do not remember yours. Yours was not an amendment but a clarification. You wanted to know whether your official holidays have been factored as part of the recess. The procedure, hon. Senators, is that any Senator desirous of making such a proposal would bring an amendment; none of you did so. So, the Chair cannot be very helpful to you. Let me also add that this calendar is generated by the Rules and Business Committee which I actually chair. Sen. Wako raised the issue of recommendations by the Review Committee on the Standing Orders. We were holding this in abeyance pending the outcome of that process. The process seems to be taking a bit too long. Since this is a statutory requirement for us, as a House, we have to do it. Once that process is completed, then we will come back and revisit the calendar by a resolution of the House. Proceed.

Mr. Speaker, Sir, I thank hon. Senators for supporting this Motion and actually even foreseeing the need for some amendments as per what has already happened. As you know, we have already gone for recess; Week 7 we were on recess. This was recommended by Sen. (Eng.) Karue and it is already in the draft. The other thing which I would like hon. Senators to see is that if you look at Week 15 and Week 16, the recess has 32 days. This means that when we break on 1st August, we will be back on 3rd September. This means that all days are included there, that is, Saturdays, Sundays or any public holidays. That means the 67 days as per what Sen. (Prof.) Anyang’-Nyong’o was asking, all holidays are also included there. Sen. Wako said that we need to increase 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.

I appreciate the generosity by the Mover of the Motion but I want to bring his attention to Standing Order No.27 (1) which says:- “Except for the Session commencing immediately after a general election, regular Sessions of the Senate shall commence on the second Tuesday of February and terminate on the first Thursday of December.” You may entertain all the rest but on this one, I am afraid I will not allow. So, be advised. Senators, this is a matter not affecting counties. Therefore, I wish to put the question.

Mr. Speaker, Sir, I think the Bell had been rung. I stood on a point of order and my last request was that you defer the voting for 30 minutes and you were to give your ruling instead of deferring it to the next day as per the Standing Orders. You can accept or decline the deferment, but we are ready to proceed. The Bell had been rung.

Order, Sen. Murkomen! While the Chair and this House is very sympathetic to your Motion, you cannot have the luxury of having it your way. The procedure is that whenever we take the vote, the Division Bell must be rung. So, let us proceed with the Division Bell first.

I will now put the Question which is:- THAT, recognizing that the respective functions and powers of national and county governments are provided for in Article 186 and the Fourth Schedule of the Constitution, and that under paragraphs 15, 16 and 17 of Part 1 of the Fourth Schedule, education policy, including promotion of sports, is a function of the national government; further recognizing that Article 187 of the Constitution provides for the transfer of functions and powers from one level of government to the other, particularly if the function or power can be more effectively performed by the receiving government; aware that Part III of the Intergovernmental Relations Act, 2012 requires that agreements on transfer of functions be in writing and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Lesuuda

Sen. Mohamud

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

Mr. Speaker, Sir, I would like to thank my colleagues for such a tremendous job of ensuring that this very important Motion has been passed. We will follow up on the implementation. Sen. Mbuvi has a greater job because Nairobi already has many schools.

Order, hon. Murkomen! I know that you are excited that your Motion has passed. However, I will remind you once more that this House 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.

We will now go to the next Motion by Sen. G.G. Kariuki. ESTABLISHMENT OF SECURITY ROAD NETWORKS 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 communities and individuals is disrupted; cognizant of the fact that poor infrastructure is the main contributing factor inhibiting the containment of insecurity incidents; appreciating the initiatives recently instituted by the Government to mitigate the enormity of the incidents with regard to budgetary allocations and police sector reforms; the Senate urges the Government to urgently institute special road projects by designing and establishing road networks that will facilitate connectivity and mobility 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.

Mr. Speaker, Sir, I rise to support this Motion by Sen. G. G. Kariuki which is very timely. The Motion is coming at a time when we have very many incidences of insecurity in our counties. Insecurity has become a serious threat in the development and achievement of Vision 2030 that we aspire to achieve as a nation. In some counties, insecurity has become a real menace to development. It is now four months since devolution took place. The budgets for the county governments are being passed. Soon, the Government will be releasing funds both to the national and the county governments. However, to settle down and propose plans for every county, one major threat that should be faced head on by this Senate is to stand in the gap. The national Government which is in charge of security should begin to work closely with the county governments in particular the governors to ensure that insecurity is checked. In some cities and towns like Nairobi and Nakuru, gangsters raid people’s homes and people on the roads to the extent that workers are not secure. I remember of an incident that happened a week ago at Nakuru Town. A very senior member of Egerton University was murdered by thugs, Dr. Jesse Mwangi. We lost a very senior person in our country, somebody who did Mathematics from the beginning to the end. We do not have a replacement to that person just because of some loose people in our society. We do not know where they get weapons. This Motion comes at a time when we need to have all the estates where people live to be well lit. I hope that both the national and the county governments will make sure that these estates have security lights on the highways and inside. We also need to form security groups in the estates which should liaise with the police. I come from West Pokot where a few characters, we call them bandits who are extremely few, came and killed three people in Sarmaj in West Pokot County. This is at the border of West Pokot and Turkana County. For people who do not know, they can easily summarize and say that Turkanas are out to kill us and yet these are just a few loose people, characters and bandits who should just be treated as such. We need to think, as a Government - both the national and the county governments - seriously on how insecurity can be brought to a standstill. When I asked what happened in Sarmaj and why our security officers did not follow the bandits, they said that they had only three administration police officers at Sarmaj Camp. They have no vehicles and owing to this, they are experiencing many challenges on the ground. In supporting this Motion, I want to say that we need to support security in totality so that we do not look at ethnicity as we address issues of insecurity. We must look at it and come up with ways to deal with it.

The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I want to start by thanking Sen. G.G Kariuki for bringing this Motion. I also want to appreciate the fact that he understands the Arid and Semi Arid Lands (ASALs) in northern Kenya, where insecurity has actually affected us for many years. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for giving me this opportunity to contribute to this Motion. I rise to support this important Motion and also thank the Mover for bringing it. Madam Temporary Speaker, insecurity in northern Kenya has been so rampant that it has reached a point where it is taken to be a normal occurrence. But the earlier we address it, the better. This Motion could be a better way of addressing it because it is a matter of how quickly the security personnel can respond to any incident. As has been said, there is a challenge of the number of security personnel and terrain. But it is made worse by the lack of means of communication. For example, if you are to move from Maralal in Samburu to Lodwar, which is just across, you have to come down to Nakuru and then go up again. If you want to travel from Isiolo to Moyale, it is just one way. If you are to travel from Marsabit to Wajir, you basically have to go back to Isiolo and then go up. So, those areas are not connected at all in terms of the road network. So, if somebody committed some cattle rustling between Marsabit and Wajir, he cannot be intercepted by road. You have to maybe follow him on foot. So, the cattle rustlers are having a field day because if they take off, then there is no way of following them up. Madam Temporary Speaker, this is a timely Motion that will enable us improve the security situation. As it was stated by the Senator for Turkana, actually, the security part has always been with the Provincial Administration. The funding comes through the District Commissioner (DC) and he is the one to ask the District Works Officer or District Roads Engineer where they think he can use the money for security roads. Actually, it should be under the Ministry of Roads. Likewise, it is the DC who handles the funds for the airstrips. We do not know whether it will be done better under the devolved governments. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Bi. Spika wa Muda, nafikiria Hoja hii inagusia sana maswala ya akina mama, mbali na visa vinavyozungumziwa kuhusu ujambazi pekee. Tunaona kwamba kuna umuhimu sana wa barabara hizi haswa inapofika wakati ambapo kina mama kule vitongojini wanapokuwa na uchungu wa kuzaa. Wengi wao hufa kwa sababu ya ukosefu wa barabara. Kwa hivyo, security roads zinaongelewa ni muhimu. Lakini barabara hizi zinahitajika kwa mambo mengi sana na sio tu kwa cattle rustling ama vita dhidi ya ujambazi. Kuna umuhimu wa barabara hizi kwa watu walio wagonjwa mahututi mahali hakuna barabara kama kwetu ninapotoka, Ugiriamani. Barabara tunazotumia ni hivi vibarabara vyembamba sana. Wakati mtu anapokuwa mgonjwa ni lazima abebwe na wheelbarrow. Ikiwa ni mama mja mzito wakati anapofika hospitali pengine amezalia njiani ama amekumbana na hatari zingine. Pia barabara hizi tunazozongumzia hapa zinalenga yule mhukumiwa kortini; watu ambao wako rumande kesi zao zinasikizwa. Kwetu tunapata kwamba kuna shida nyingi sana za mashahidi kufika kortini kwa sababu ya ukosefu wa usafiri. Kesi ambayo ingechukua miezi miwili inachukua hata miaka mitatu kwa sababu mashahidi wana kila sababu ya kutofika kortini kwa sababu hakuna usafiri wa kutosha. Kwa hivyo, barabara hizi zina umuhimu sana. Tukiangazia mambo yaliyotokea Baragoi wakati askari wetu waliuawa, kati yao, kulikuwa na kijana mmoja askari ambaye alifikiwa baada ya siku tatu. Kama barabara hizi zingekuwepo, kijana yule angeokolewa. Nikiongezea, naona kuna umuhimu wa simu ya dharura ya 999 kurudishwa. Pia, inafaa Serikali iwe na helikopta wakati ambapo tunaendelea kungoja barabara zitengenezwe. Wakati tulikuwa na 999, ilikuwai rahisi sana kuwasiliana na walinda usalama. Wakati huu tuko na laini ya safaricom na wakati wa hatari mpaka ukae uanze kufikiria namba kwa sababu sio rahisi kuijua kwa kichwa. Kwa hivyo, kuna umuhimu wa Serikali kufikiria kurudisha simu ya dharura ya 999 na kuwa na heliktopta ya kushughulikia maswala ya dharura.

Sen. Lesuuda!

Madam Temporary Speaker, thank you for giving me this opportunity to contribute and support this very important Motion. I would also like to congratulate and thank distinguished Senator, Sen. G.G. Kariuki, for moving it. It is very important because when you talk about security, it is about the lives of Kenyans. We are 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.

Madam Temporary Speaker, I rise to support this Motion. I really like the comments made by Sen. Lesuuda before she left that if we are not agents for peace, we cannot have security. In Africa, we like pretending and avoiding speaking, as it is. If you remember, in January 2003, Kenya was rated the happiest nation on earth and the most stable nation on earth. I remember driving out of my residence in new Runda, passing in front of the Village Market and seeing wananchi actually arresting somebody because he had committed a traffic offence and taking them to Gigiri Police Station. I remember that year when there was a sense of responsibility on behalf of everybody to build the nation. Why was this? This was because we had had a more successful election; the second free and fair election after the 1963 election. People felt they had a place to feel like home. Even insecurity went down in this nation. Since 2003, we have been committing one mistake after another just like we did after Independence. We have been thinking that if we commit these mistakes of misgoverning the nation and not respecting the will of the people, then we think we will have all these things done. We think that security will be there and we will have people behave well. They will not because they must get examples from their leaders and also feel that they have a nation which produces legitimate authority. Madam Temporary Speaker, while I agree with Sen. G.G. Kariuki that we need to build infrastructure so as to create conditions for peace, one of the most important infrastructure is Government itself. It is a very important infrastructure to provide peace and security. If leaders themselves get into power without legitimacy as you have seen happening all over Africa, including here, then you do not expect to have security. People would say: Why do I obey the law if people in power have not obeyed that law? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker. Does Sen. (Prof.) Anyang’-Nyong’o mean that we are having insecurity in this country because CORD lost the elections?

Madam Temporary Speaker, I said that when you get to power illegitimately--- but CORD is not in power. Let us learn from the colonialists. The colonialists gave a lot of authority to the chief.

On a point of order, Madam Temporary Speaker. We like the good English from the Professor, but is he really in order to insinuate that the current Jubilee Government is in power illegally after they won the elections and the results were confirmed by the Supreme Court?

Sen. Anyang’-Nyong’o your allegations are having quite serious implications. Could you elaborate or tone down your- --

Madam Temporary Speaker, Wole Soyinka once said that a tiger does not need to shout about its tigritude. If, indeed, Jubilee is in power legitimately, they would not need to shout about it. Secondly, the Independent Electoral and Boundaries Commission (IEBC) which is the body responsible for saying whether somebody is in power legitimately has failed to demonstrate that proper elections were held. There is enough evidence in the public domain to raise this issue. Nonetheless, let me go back to the Motion. I said that the colonialists were aware that security goes with authority and that is why they gave the chief a lot of authority at the grassroots through the Chiefs Act. The only thing that happened when we attained Independence was that the Chiefs Act was misused. The point behind the Chiefs Act is that in order for security, law and order and peace to be maintained at the grassroots, there must be legitimate power and authority. At the moment, I would like to plead for a Government infrastructure at the grassroots which will make sure that peace and security is maintained at the grassroots. Madam Temporary Speaker, therefore, it defeats any sense of logic to deny Governors or ward administrators, the authority to handle peace and security. If you have two parallel systems of governmental infrastructure at the grassroots level, you are going to have tremendous conflict at the grassroots and you are not going to have peace and security. So, however many roads you build or many telephones you provide, those will be made use of effectively by the same people who carry out security. Imagine there are good roads in the rural areas where drug traffickers can ride in Jeeps very comfortably, where thieves can whizz by very fast at a high speed and you do not have an infrastructure of Government to use those roads and infrastructure authoritatively for bringing peace and security, we are going to have a lot of problems. Therefore, the recent move by the Inspector- General of Police to say that it is upon him to appoint commanders who are going to work at the grassroots level and deny the elected personnel who should have this security personnel under them, so that they have authority to maintain peace and order, this is irrational. I would like to appeal to the Government, while building roads and providing telephones and all these things down there, which is important, governmental infrastructure geared towards maintaining peace and security be developed. The current approach of having somebody in Nairobi commanding heads of police at the grassroots level is not the best way to do it. We The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for giving me this opportunity to contribute to this important Motion. It is true there has been Government policy to do improvement of roads, especially all weather roads in highly productive agricultural areas. It was a good policy, because we cannot take our produce to the market unless we have good roads in those areas. What I see in this Motion, and I think it is specifically calling for it; is a shift of focus from doing roads in the highly potential areas of this country to the so called marginalized areas where cattle rustling and other forms of insecurity are rampant. I would like to plead with the Senate that we should not do “either or”. It is important for us because we are also interested in development, to do all weather roads both in high potential areas and also in the marginalized areas. I do know that with the new discovery of oil, especially what was announced today; further discoveries of oil in Southern Turkana, a lot of infrastructure will move to that area. It is The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker. Is it in order for my great friend, hon. Sen. Kiraitu Murungi to aver that debates are closed simply because courts of law say so when it is well known that Bishop Augustine of Hippo once said that in the court of conscience, there is no obligation to obey an unjust law?

Madam Temporary Speaker, I do not want to get into jurisprudence here. However, I want to inform Sen. (Prof.) Anyang’-Nyong’o that that even an unjust law is law. Until it is overturned by the court and the constitutionality of the law is effectively challenged, that law remains to be law. There could be the court of your conscience and even judgments. However, that is not for us who are in this world. In the world, we follow the law as passed by Parliament. Whether they like it or not, we are bound by it. So, the pronouncement by the court that President Uhuru Kenyatta won with the requisite numbers cannot be questioned.

On a point of order, Madam Temporary Speaker. Is it in order for Sen. Kiraitu Murungi to mislead the House and the country that legality is the same as legitimacy? You can be as legal as hell, but very illegitimate. That is the difference that the Professor was trying to bring to his attention.

Madam Temporary Speaker, indeed, Sen. Kajwang who is a lawyer knows that there is a very clear separation between law and morality. Whereas we may challenge a law as unjust, that law is effective until it is overturned. Indeed, you can continue with your debate, but the law is law. In that case, we are saying that this Government is legitimate. Indeed, unless it is removed through a vote in another election or challenged in court, then the Government continues being legitimate. Therefore, it is not open for Prof. Anyang’-Nyong’o to continue saying that there is insecurity in the country because some people are in power illegally. There are no people who are in power illegally. These people are in power legally, constitutionally and with popular mandate. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for giving me this chance. I would like to appreciate Sen. G.G. Kariuki for bringing this Motion to the House. This Motion will enable us open our eyes and to look at the issue of insecurity wholly without leaving anything out. I would like to address two concerns about insecurity. Apart from curbing insecurity, road networks will open areas for business and investments. However, for us to achieve this, the security apparatus should be devolved and governed by the county governments. The national government should allow the governors to be in charge of security at the county level. We have witnessed trouble between county commissioners and the governors which has hindered security in our counties. I know that devolving these functions will enable governors to work easily and set up infrastructure such as roads which will hasten security in our areas. Secondly, in the recent days, we have seen insecurity cases going up. This is with regard to what was happening in Bungoma and Busia. Instead of focusing on these issues, we have witnessed a fight between some individuals. These are the Inspector General of Police and the Chairman of the Police Service Commission. This is a challenge that should be addressed in Sen. G. G Kariuki’s Motion, probably, through an amendment. Instead of focusing on how to build security in our country, the Inspector General is thinking of how he can have more powers. This is one of the things that have contributed to insecurity in our country. We have seen people dying in Wajir where it is inaccessible. People have been sitting in Nairobi to discuss about the insecurity. That is why I am saying that something needs to be added to this Motion to include all factors that can help us curb insecurity in our country. I support.

Thank you, Madam Temporary Speaker. From the outset, I support this Motion which has been brought by one of the most experienced leaders we have in this House. This is someone who knows the history of this country. As I start, it is good to note that many parts of this country are more developed simply because the law favours them more than others. It is good that the Mover of the Motion had conducted his research very well and stated all those facts here. I represent Kajiado County in this House. Therefore, I equally need to talk about the roads and security there. I believe that a life should not be lost through cattle rustling. There are areas in my county where roads are impassable. I have a constituency by the name Kajiado West where apart from Magadi Road which transverses that constituency there is no other road. People in that constituency have been agitating for roads for a long time. This is the only way we can open up this constituency. Up to now, we are still crying. Kajado North Constituency consists of Ongata Rongai, Kiserian and Ngong towns. These towns act as the dormitory for Nairobi because most workers in Nairobi reside in that county. Let me talk about the roads which are there as opposed to the insecurity. You will find that owing to the slow traffic flow of the road, insecurity becomes a problem. For instance, most people who live in those areas school either in University of Nairobi, or in the universities within Nairobi. By the time those students get to their homes, it is almost 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, Madam Temporary Speaker, for giving me this chance to contribute to this wonderful Motion. It is wonderful in the sense that the Mover of the Motion articulated it very well why some areas are said to have well developed infrastructure. That is as a result of other opportunity costs which were seen by the then settlers. That was the reason the railway from Mombasa to Kisumu was constructed from 1894 up to 1901, when it got to Kisumu. After that, other branches were also constructed, including the one from Nairobi to Nanyuki. Other feeder roads were also constructed to various places like Nyeri and so on. Consequently, the produce of such areas like coffee, tea, cotton, sugarcane and also cattle, were easily transported to the market. According to the whiteman’s dream, the railway which was constructed by the whites had to be paid for. That was the initial reason that the great railway was constructed. Today, apparently, that is a dream. Even the children who are born now will not claim to have seen a train; something that was seen by people who were there before Independence. This is very sad because it has been abandoned by our good Government, yet it is a very important infrastructure which should have been salvaged. Madam Temporary Speaker, it is also notable that in some of the areas covered by this Motion, it is impossible sometimes even to have good education. We have had cases of cheating in examinations in some areas, where it is very hard for the police or even invigilators to get to the examination centres, just because there are no roads. By the time they get to the examination centres, a lot of things would have happened under that roof. That is why you will find that most of the results are cancelled in areas which are under 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.

Thank you very much, Madam Temporary Speaker, for giving me this opportunity. I also want to thank Sen. G.G. Kariuki, the most powerful Minister of State for Internal Security in his days, who still lives.

Madam Temporary Speaker, the Motion raises two issues. One is on the network of roads in marginalized areas and, two, is on crime. There are also the inter-linkages between those two. If you want to colonize anybody, you must have a road to where he is. That is in the negative way. If you really want to colonize Africa, then you must build a railway line and do roads. They must be done even by hand so that you reach where those guys are. After that, you can now put in place some law and control him. If he refuses to be controlled then, of course, you can take certain action. If you want to rule a country like ours, then you must do roads. There is no other way in which you can bring people to obey the law if you cannot reach them. However, we are realizing this after 50 years. We thought we were doing roads to bring in our produce to the market, which, of course, was a good policy. But we should have also known that if Kenya is one territory and we have to have dominion over it, then you must reach every place of this country. It is unfortunate that now crime can happen and security forces cannot reach the site because, first, there is no road and, second, they fear. Now, what can we do? Because this is the problem that is bothering every county now; what do we do to do our roads? You do not even need to have tarmac roads, but you have to open them so that there can be some movement. Sometimes in the last Parliament, I think, the Government decided--- No, I do not think it was the last Parliament; it was the other one – I have been in so many of them.

I remember that hon. Raila Odinga was then the Minister in charge of Roads. He realized that our roads were in a very bad state all over the country. However, there was a rule, not quite written, but there was some agreement with the donors that roads will be done by contractors. This was not going to be because we could not afford to hire contractors all over the country to do roads in Mfangano Island where I come from, Moyale, Loitokitok and Turkana, at the same time. We could not afford it. Even if we had a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I rise to support this Motion. I believe that it is very important, especially to the area where I come from and the country at large. A lot has been said about insecurity and about the roads. I just want to add a few points. Over the years, the Government has established District Security Committees (DSCs), but unfortunately, these committees have never been formalized and empowered. Personally, I would urge the Government that if they really want these committees to work effectively, they should be formalized, empowered and also facilitated. Regarding the issue of illegal firearms, these firearms come in through areas where infrastructure is poor, especially in Isiolo, Marsabit and other parts of northern Kenya. At one time, KTN crews demonstrated how they brought in a firearm all the way from Turkana to Nairobi. Despite so many barriers on the way, they passed them without security agents checking them. This means that we are not vigilant in terms of how the illegal firearms are coming to our country. So, I think we need to do something about the illegal firearms coming through our country which partly contributes to insecurity. The other point I wanted to talk about is the facilitation of security agents. Mostly in the areas where there is insecurity, you will find that the OCPDs or the County Commissioners have Land Rovers. But the problem is that they might not be having fuel. The budgetary allocation is normally very low. Therefore, if there is cattle rustling or insecurity in those areas, they will be unable to attend to it effectively. Over the years, we have sung about issues of insecurity, budgetary allocation and facilitating security agents. We keep on blaming the security agents, but if they are not facilitated, then who is to be blamed. So, it is really important for the Government to provide proper budgetary allocation to security in our counties. Lastly, I would like to say that in Isiolo, we have so many game reserves, so many hotels, but unfortunately, we do not generate any income. If we really want to develop these counties it will not be possible because foreigners or investors will not visit our counties because of insecurity. Most of them actually feel that if there is insecurity then The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, since there is nobody else interested in contributing to the Motion, it is now time to call upon the Mover to reply.

Madam Temporary Speaker, I do not have a lot to say because the hon. Senators who have contributed to this Motion have talked quite a lot. I want to say that I have learnt a lot from their contributions. Having said that, I think it is important for the Senators to know that the Inspector-General applied for Kshs150 billion to be allocated to the police, but what he got, according to the Estimates, is Kshs80 billion. So, there was a short fall of about Kshs70 billion. That means that a lot of what he wanted to do cannot be done this year. I want to agree with quite a number of my friends starting from Sen. Mugo who talked about whether this matter can be committed to a Bill so that it can be more effective than just a resolution of the House. Sen. (Prof.) Lonyangapuo, also my great friend, said that the Kenya Police Reservists need to be paid. As the last speaker has just said, you cannot have a district security committee or security elders, but they are not given anything by the system. They meet and after meeting, they start looking for their Members of Parliament and ask whether they can get something. They argue that they have been working, but they do not get anything from the administration. All these committees were started because of the failure of the central government to manage security. They shifted the managed of security to the people on ad hoc basic without really formalizing that kind of system. There is also another group known as public security committees. The Government has been trying to talk too much about security, but I want to agree with Sen. Kajwang that the Government should give authority to the people to determine what kind of security they want in their own areas. They should be given support and also they should be given whatever they want. Human beings just like me and you need facilitation. If you send to Turkana a young man who is newly married with two children, to chase criminals up to the border and he is ill-equipped, do you think he will risk his life? The young man needs facilitation to be able to deal with such a situation. You cannot change other things and leave others because they are interrelated. If we want to train our people differently, we have to come out and decide to spend whatever is supposed to be spent. A lot has been said by Senators and that is what I am underscoring and everybody is convinced that this Motion is appropriate and it came at the right time. I beg to move.

Sen. G.G. Kariuki, since we do not have the requisite number to call for voting, we shall postpone it to tomorrow. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I was going to request that, but I was wondering whether I should have stated it when I was speaking. I thought I had to sit down and then stand up on a point of order to make that request. I think that is the procedure. Under Standing Order No.51 (1), I wish to request that this matter be postponed until tomorrow or at your convenience, so that we can all be here to vote for it. Thank you.

Sen. G.G. Kariuki, I believe you are making reference to Standing Order No.51 (3). Yes,

Yes, Madam Temporary Speaker.

That is in order even though this matter does not affect counties. So, voting will not be by delegation. But we do not have a requisite number to vote. So, I direct that I put the Question tomorrow at 3.00 p.m.

Hon. Senators, there being no other business, the Senate stands adjourned until tomorrow, Thursday, 4th July, 2013, at 2.30 p.m. The Senate rose at 5.35 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.