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

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

Proceed.

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, aware that unemployment is one of the major causes of insecurity and moral decadence in this country; noting with concern that the youth, who are the backbone of our society, are the most affected and that as a result many of them have become disillusioned and hopeless; noting further that assisting the youth to access employment would contribute towards the attainment of economic and social rights enshrined in Article 43 of the Constitution of Kenya; aware that Section 13 of the National Youth Service Act, Cap. 208, Laws of Kenya, vests power in the Minister responsible for the Service to divide the Service into branches, units and sub-units from time to time; the Senate urges the National Government to take measures to establish National Youth Service outlets in all counties where the youth who have completed secondary level of education and who may wish to enroll for courses offered by the Service could enroll and acquire necessary skills and further that graduates from 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 No.8, Motion.

Hon. Senators, this Motion was disposed of during the morning session. The Order Paper comes 12 hours before the business of the House. Let us move on to the next Motion. ESTABLISHMENT OF SELECT COMMITTEE ON HARAMBEES

Hon. Senators, in the absence of Sen. (Prof.) Anyang’-Nyong’o, the Senator for Bungoma County has intimated that he has standing instructions to do the minority party business at any one time.

Mr. Speaker, Sir, I have a continuing trusteeship for my side of the House.

Professor, I am about to move your Motion.

I will move it.

You will move it?

I will do so. Mr. Speaker, Sir, I am sorry for coming in late. I was delayed by the traffic. Let me, first, begin by thanking Sen. Daisy Kanainza Nyongesa – and that is a very beautiful name - for coming to my rescue this morning. Let me also thank my leader---

Thank you for trying to---

Order, Sen. (Prof.) Anyang’-Nyong’o! Do not allow yourself to be distracted by hon. Senators who do not have the Floor. First of all, move the Motion and then you can give the gratitude to those hon. Senators who rescued you.

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, given the role that Harambee (voluntary contributions) has played in the development of our nation since Independence; aware that the original intentions of Harambee have been adulterated over time through corruption, deceit, bribery and misuse of funds raised; recognizing that elected leaders are those most affected by Harambee invitations thereby bearing the maximum burden of voluntary contributions for development; noting that these elected leaders pay tax like all other Kenyans; this House resolves to establish a Select Committee to prepare a Bill that will:- (a) determine criteria that will qualify projects for which Harambee contributions can be made; 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 think Sen. (Dr.) Khalwale is trying to complete the story. But I was not going that direction. He said: “You have been given nine months notice. It is not fair for you to go around now with a begging bowl raising harambee for something which is purely personal.” This is a very illustrative story because whereas harambee was started as a community concept to handle community projects, it has swung to the extent that personal issues are being used to raise money through harambees. If a student is going abroad for education, it makes sense to hold a harambee for funds to be collected to help that student. If somebody is sick – I have gone through the experience. Being a Minister and having good insurance, I got support from both the insurance firm as well as the Government to get treated for cancer because it is an extremely expensive treatment. But there is another way we can handle this. If we have universal health insurance for all Kenyans, there would be no need whatsoever for the Government to step in with an ex-gratia fund, if, indeed, we have a robust, comprehensive social insurance to cover such things. We should avoid ad hoc collection of money for problems we can prepare for ahead of time in a society, as was said in Sessional Paper No.10 where we have mutual social responsibility. For such personal issues, like what I have just said, there should not be really any need for harambees. Also, for other needs like health, we should have a planned comprehensive social insurance to keep people away from having ad hoc collections when people need such help. Mr. Speaker, Sir, there is also another area where harambees have been terribly misused. A young man intends to marry – of course, this is definitely a personal decision – he decides to marry and opts to have a pre-wedding party to raise some funds. Of course, there is nowhere in the Bible or the Quran which says that before you get married you must have a pre-wedding party. This is not a condition for marrying your wife. But since people like social consumption, they give society to bear that burden. This is not fair. If, indeed, you want to have a pre-wedding party which is not mandated in either the Quran, the Bhagavad Gita or the Bible, do it yourself, do not involve the rest of the society because it is an unnecessary burden. If you examine many other things, many people have externalized their personal responsibilities to society. Society is then burdened with these kinds of expenses. We need to rein in on such malpractices and save people. When I was in the Ministry of Planning and National Development, we did quantify the amount of resources raised in harambees every year, the amount of those resources that are used for genuine development and social welfare programmes. You will find that the money raised that goes into consumption competes almost on equal footing with the money that is raised for developmental or genuine social expenses. 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.

Actually, I thought for the fact that he was your teacher, then he knows you better.

Mr. Speaker, Sir, you cannot be more correct, because I think the affluence of my dear student was quite evident in his younger days. Knowing that he is a prudent economist, he must have accumulated more after that rather than wasted it. So, I was just trying to imagine where he might be at this point in time. I think I am not wrong to say that, definitely, I do not think he has regressed; if anything he has developed further, but he enjoys the advantage of having visited me at home and knows the few goats and sheep that have since then been consumed by society in form of harambee.

Mr. Speaker, Sir, I would propose, therefore, that we establish procedures for ensuring that harambee contributions are tax deductible. This is very easy because in more developed societies, when you want to contribute voluntarily, there are forms that you fill and usually, you do it through cheques because cheques can be traced and people are advised not to contribute in cash because then, it is more difficult to account for cash. If we go towards the direction of contributing through procedures that are accountable like writing cheques which you know are promissory notes, you are just telling somebody that this money is in my pocket and I have already given it to you. When I withdraw it, it will leave my account and, therefore, leave my pocket eventually. That will also make writing cheques a much more noble activity. The old practice of people just writing cheques which are not proper promissory notes has now been outlawed. Now, in fact, according to our law books, if you write a cheque that bounces or is not honoured, then it is a criminal offence. So, that kind of procedure will definitely help people to be more disciplined, both in terms of those who give and those who receive. Finally, I am proposing that you provide clear directives on accounting for harambee collections and reporting in the use of which such collections are made. It is good in terms of development and for the Kenya Statistical Authority if such accountable documents are there. As the former Minister for Planning and National Development, I know that we will then be in a much better position to know exactly how philanthropic 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. Speaker, Sir, for the opportunity to second this Motion. From the outset, it must be understood very clearly that this Motion does not seek to abolish harambee. It seeks to bring sanity to the management and running of the harambee system. In supporting the Motion, we have many examples on how the harambee spirit has been abused. 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.

On a point of order, Mr. Speaker, Sir. Is the hon. Senator for Bungoma in order to give an example of the Senator for Nyeri when we know that the Senator for Bungoma is one of the richest Senators in this House? If he wants me to mention when and how, I know about his assets and I can say it here.

Mr. Speaker, Sir, she can very well go on and mention.

Order Sen. Wetangula! I have given an opportunity to Sen. Murkomen.

On a point of order, Mr. Speaker, Sir. The wealth and riches of the Senator for Nyeri are in the public domain. When the Senator for Bungoma was talking about it, he was smiling and I do not think there is anything covetous in that.

Order, hon. Senators! I know that citizens and especially public officers are supposed to declare their wealth. However, I am not sure if one Senator could be privy to the declarations forms of another Senator. This is not possible. So, hon. Senator for Nyeri, you are completely out of order.

Mr. Speaker, Sir, you may not have been watching. However, you have seen how my distinguished colleague from Nyeri was smiling with total satisfaction when I referred to his wealth.

We need a law to rationalize the harambee system. The team that Prof. Anyang’- Nyong’o has put in place is good. I encourage him to put in a few more lawyers because we have several of them in this House who can help. However, I also know that the Clerk’s Office can assist. I would have loved to see the Chairman of the Devolution Committee appearing in this Committee. Professor, I would not only want you to look at harambees for the sake of looking at harambees. However, devolution is a supplement for harambees. Some of the things that we do can now be done by the use of the devolved resources in the counties. You may also recall the abuses that used to go on when people turn up in harambee and very openly display fabulous wealth. Some even started being called Bwana Maendeleo because of the amount of money they were contributing. However, no one was obligated to disclose who their undisclosed friends were. In many jurisdictions, when you say that you have contributed money from you and others, you are obligated to disclose who the others are. It is not just about you. If, for example, you write a cheque from your account, this is different. However, when you see people carrying money obscenely in millions - we have seen people contributing Kshs5 million in cash at harambees – and yet when you look at their backgrounds, they have not handled any offices, not even as clerks in their lives. They have positions of advantage. They roam around and collect money from citizens and go to make names with it. During the last Parliament, you may recall that we passed a law to close harambees during the campaign period. This really helped the Members of this House and the other House. What happens is that as soon as you go into an electoral process, every single church holds a harambee and everybody else wants money from an aspiring Member who is campaigning. Your fate is intrinsically tied to this process. You either contribute or win elections or you do not contribute and are shown the door. That law assisted us quite a bit. In fact, I remember one person who was campaigning in my county. In every meeting, he used to open by saying; “I am sure you are fully aware that contributions have been banned.” He would then proceed to make his political statements to foreclose any requests for any money from him either in way of harambee or any other way. People went through a very good campaign. I want to add to what Sen. (Prof.) Anyang’-Nyong’o said that an evaluation on how much the harambee system has and continues to play in the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. I am not sure I know who the bull fighter is that the Senate Minority Leader referred to. Could he highlight that?

Mr. Speaker, Sir, it is a matter of public notoriety as we say it in law that the distinguished Senator for Kakamega, in his popular pass time, engages in bull fighting. One time, I asked Dr. Mukhisa Kituyi; what would Dr. Bonny Khalwale be if he did not go to school? Dr. Kituyi said; he would have died in a bull fight a long time ago.

Mr. Speaker, Sir, this is with a light touch. I have seen hon. Dr. Khalwale half dressed chasing bulls in around in Kakamega.

On a point of order, Mr. Speaker, Sir. Did you hear the Senator for Bungoma say that he has seen me half dressed during bull fights? If, indeed, you heard it, is he in order to refer to someone in traditional bull fighting regalia as half dressed?

Mr. Speaker, Sir, as I was going to sit down, the distinguished Senator, Sen. Kanainza Nyongesa, said she has seen him in the same fashion. It is time we reined in and sanitized harambees. They have been adulterated and a law to regulate them is desirable, without depriving the very needy who benefit from harambees. With those many remarks, I beg to second.

What is it, Sen. G. G.?

On a point of order, Mr. Speaker, Sir. I think it is high time that hon. Senators knew who the Speaker is and who is not. No one should interrupt the job of the Speaker. 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 thought you are already addressing the Speaker? You do not need to repeat.

On a point of order, Mr. Speaker, Sir. On a more substantive note but related to what Sen. No.1 has said, Sen. G.G. Kariuki, I have no problem with the Motion. However, there is a growing trend now. This is the fourth Motion with names of Senators assigned to do something. Considering that this trend is likely to continue, what is the criteria of coming up with names and what considerations should be put in place including gender, regional balance and party balances, among other things, in dealing with Motions of this nature?

On a point of order, Mr. Speaker, Sir. Coming on the heels of what Sen. Murkomen has said, the composition of ad hoc Committees requires human resources and funding, obviously, from the Parliamentary Service Commission. As we want to pass this Motion, to create another Committee, is it lost to Prof. Anyang’- Nyong’o that in the second-last Parliament, hon. Koigi Wamwere also led a similar Committee that went around the country and collected views of the public, and all that information is in the library? Would it not be prudent that instead of us forming another Committee, we pass the Motion, but ask that Committee to just go and pick from the findings of the Committee, that was led by hon. Koigi Wamwere?

On a point of order, Mr. Speaker, Sir. Although I do not speak for Prof. Anyang’-Nyong’o, I thought that the general practice is that the Member who brings a Motion and seeks to set up a Committee such as this, as a matter of courtesy, of course, would talk to Members who are in the Committee. But, normally, one would put together a team that he is able to work with, because when we pass a Motion such as this, its sponsor is invariably the Chair of such a Committee. Mr. Speaker, Sir, the Koigi Committee in the Ninth Parliament was only looking at one narrow agenda; harambees and corruption. Hon. Koigi passed a unanimous verdict with his Committee, that harambees had immensely contributed to the growth of corruption in Kenya, and recommended its discontinuation. I think that this is different within the context of devolution. I also think that it is in the right House. We are not discontinuing harambees, but saying that we have now enough resources going to the counties that can do some of the things that harambees do, so that it can be seen in a wider perspective than the Koigi Committee. Mr. Speaker, Sir, I want to encourage Sen. G.G. Kariuki, given his vast experience, that he will be a very valuable Member of such a Committee, if we pass the Motion; whether or not he was asked.

Mr. Speaker, Sir, let me apologize to Sen. G.G. Kariuki, that I took advantage of my long acquaintance with him and just assumed that this is an opportunity that he would not miss, but we could discuss it with him. Indeed, the spirit of a Motion like this is that it is also subject to amendment in the House. So, these things are not cast in stone. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, the Chair has been asked to respond to certain things. I want to thank those who raised the issues and those who have tried to help the Chair in responding to them. I will start with the one by Sen. G. G. Kariuki on how come his name appears in the Motion. I think that, that matter has been properly addressed, in the view of the Chair; that it is really up to the Mover of the Motion to determine the Senators that he would like to work with. I think that in this case, Sen. (Prof.) Anyang’-Nyong’o and Sen. Wetangula have confirmed that they consider you as a depository of knowledge and experience. So, they felt that you may be one right person to belong to the Committee, but the choice is yours. But I think that both of them have also conceded your concern. It is important to involve other Senators, but when you wish to do so, it is only basic courtesy and decency to inform them. But maybe Prof. Anyang’-Nyong’o took into account the fact that these Motions are also not as given. Maybe at that particular time, it has come to your attention and the public limelight. That is also an opportunity to intervene, but not necessarily on the Floor of the House. But that does not take back the need for any person originating the matter to be able to extend basic courtesy to the other Senators. Sen. Murkomen has raised the issue of names, regions and gender. Those are valid concerns. The Chair, when approving this Motion and others, is also concerned about the mushrooming numbers of Select Committees and whether, really, we have enough Members to participate in all of them. But before we conclude this one, looking at the nature of this Motion and for all the reasons that have been adduced, this is one issue of public interest in the Republic. I think that it would not really be fair for one Senator to bring his or her own ideas. I think that it was good that it was ventilated by many more Senators. So, it is expected that the Mover should take into account gender, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. I am glad that you have made your own decision over this matter. But I hope that I will not be asking too much if I asked you to clearly say what the Standing Orders say. We need to go through the Standing Orders and find out how a name can be included. If it does not appear in the Standing Orders, we need to revise the Standing Orders, so that they are clear regarding a situation like this one where a name has been included. The Standing Orders should allow that name to remain or be removed.

(Sen. (Prof.) Kindiki): On a point of order, Mr. Speaker, Sir. I also want to thank you for the direction that you have given us. Mr. Speaker, Sir, even before I contribute, if will get an opportunity, at this point I just wanted to say that along the lines that Sen. G. G. Kariuki has raised here, we also expected, as a House, clarity on the issue of composition. Yes, it is true that this is an individual Senator’s initiative and, therefore, they can decide who they want to work with, but if, as my good friend, Sen. (Prof.) Anyang’-Nyong’o, has done, you put together a proposed ad hoc committee where 80 per cent of the Members are from the CORD Coalition, then that report is likely to face political challenges from even 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.

What is it, Sen. Ong’era?

Thank you, Mr. Speaker, Sir. Since you raised the question, I think we are taking a very dangerous path in this House. I expected that these would be contributions made in terms of the comments. If hon. Members felt that there would be, perhaps, amendments to be raised, then they will have the opportunity to raise them and include other more names or remove other names. Mr. Speaker, Sir, if we start a trend in this House where we will start talking about whether the composition of hon. Members shows anything to do with CORD--- I do not think in Sen. (Prof.) Anyang’Nyong’o’s proposal – and he is here to speak for himself – he decided to choose just CORD Members. I think he was looking at regional balancing, and if there is a problem, this can easily be raised by way of amendments. Therefore, Mr. Speaker, Sir, I wish to request that we proceed with debate on this Motion and any hon. Member who feels aggrieved can raise it by way of amendments. Thank you, Mr. Speaker, Sir.

Order! Let us have Sen. (Dr.) Zani and then Sen. (Prof.) Anyang’Nyong’o. Thereafter, it will be contributions.

Thank you, Mr. Speaker, Sir. I think there are times when you are trying to form Select Committees and depending on the circumstances under which that is being done, maybe you have penned a Motion and you just want to make sure that you have a composition for a Select Committee. For example, even when a Motion was moved in this House and you want to form a Select Committee and you are looking for Members in the House, you sometimes reach out to those who you are easily able to access so that you can actually even go through the stage of asking them for permission to join that particular Select Committee. But I think also the circumstances under which we work might make it difficult, especially when you are not able to meet all the hon. Members and give them that information in good time. I think it is unfortunate that this is being interpreted as an issue of having a composition across the board. I would like to believe that, that was not the intention as that Select Committee was being composed and, also, there is an opportunity to amend this Motion. That is why it is on the Floor. Thank you very much.

Sen. (Prof.) Anyang’Nyong’o.

Mr. Speaker, Sir, I would like to put my friend, the Senate Majority Leader, Sen. (Prof.) Kindiki, at ease. I, in no way, intended to downplay the important role of the Majority in the House. But as Sen. (Dr.) Zani said, when I drafted this Motion, there were very few hon. Members in the House that 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! Let us just dispose of this. Let me start from the last contribution in reference to Sen. G.G. Kariuki. Our Standing Orders do not provide for what you do if you find yourself in a list that you think you do not belong. So, the Chair cannot help you there. But the Standing Orders have also an avenue called ‘amendments.’ So, if you really feel strongly that you do not want to belong to the Committee, all you need to do is to bring an amendment to the Chair and I will duly grant you the opportunity to prosecute that amendment to delete your name. If the rest of the Senators allow it, then your name will be deleted. But every Senator belongs to the House and every other Senator will give you an opportunity to serve if he or she thinks that you have a contribution to make. It is up to the entire House to make the final decision. It might not even be your personal decision, Sen. G.G. Kariuki, because you may wish to make an amendment but if the House refuses to grant you that amendment, what do you do? So, the only thing you can do is that, if the Committee is constituted, then you could just boycott the meetings; then it will be reported that you have been absent for a number of sittings. That is the surest way to get your name off the Committee. But it also appears to me, just as much as Sen. G.G. Kariuki wants his name out, that same argument is basically the opposite of the argument brought about by the Senate Majority Leader, because then Sen. G.G. Kariuki comes from the Majority and the Majority side wants more membership. So, obviously, it is a contradiction; desiring more membership for the Majority, and the Majority wants to become a minority by seeking to have a name from the Majority side deleted.

Anyway, these issues are really not to be canvassed before the Chair. These are very straightforward matters; there is a Mover of a Motion, if you feel you do not need to have your name in the Committee, you can approach the Mover of the Motion and he could even have moved the Motion in an amended form by deleting that name. 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 and, really, I would like to wonder aloud; how amazing it is that 50 years from the time harambee was introduced in this country whereupon billions of shillings have been collected, we have been able to operationalize the process without law. It is, therefore, very gratifying that the honorable Senator for Kisumu has now commenced the process that will now give us a law whose time is long overdue. Mr. Speaker, Sir, I would like to use this opportunity to remind the rest of us that the gains we have made in this country because of harambees are so much that this Committee should be expanded to its fullest so that we can exploit every opportunity to make sure that this law is perfect. When I go to my community, harambee has done more good in my region than the Government. Even great institutions like Masinde Muliro University in Kakamega were built through harambee. It started off as Western College (WECO). There are other great institutions like Sang’alo Technical Training Institute, which started the same way. Mr. Speaker, Sir, great schools like Musingu High School and Friends School, Kamusinga, in Western Province have all been built by harambees. Even in my own profession, I know that harambee knows no limit between the poor and the rich. A great hospital like Nairobi Hospital has been built, to a great extent, through harambee. We had a very successful project there called “Buy a Brick” where people were free to bring in money on the assumption that they were bringing in one or more bricks. We should, therefore, today be deliberating not on whether to make harambee something which is legal or not, but we should be creating the insulation that will make it impossible for people to abuse public funds. Mr. Speaker, Sir, when you look at the behaviour of the committees that manage harambees – the so-called steering committees – soliciting for funds, during the time of soliciting for funds, these committees approach the public but once the money has been realized, they start treating that money as if they are private funds. It will, therefore, be important that in this Bill, it should be made clear that monies realized from harambees are public funds and they should even, to a greater extent, be subjected to the Public Finance Management Act. Mr. Speaker, Sir, we have to rethink the issue that has been vexing us this afternoon, on the number of ad hoc Committees because, to me, this means that if the Senate must rise to its calling, then it would be important that the Office of the Speaker of the Senate should fight and ensure that every Senator has got a fully fledged office where the Senate employs a research officer who will be doing some of this work that we want to use Committees by way also of collecting and collating information. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. Is Sen. (Dr.) Khalwale in order to advocate for a violation of the Constitution when it guarantees that Kenyan citizens must be protected and, in any case, where would we deport Kenyans to? We should send them to jail.

I agree completely with Sen. Wetangula. I also wondered for a moment. You cannot deport Kenyans. Where would we deport them to?

Mr. Speaker, Sir, I very well understand from where you are seated and where Sen. Wetangula is coming from. There is the medical aspect to drug trafficking. In the United States of America (USA), it is so serious that the Republic of Panama surrendered its own President. He was deported from the Republic of Panama and taken to the USA. So, all these drug traffickers should actually be taken---

On a point of order, Mr. Speaker, Sir. Is it in order for Sen. (Dr.) Khalwale to mislead the House when everybody knows that the former President of Panama was actually abducted from his country by USA? There was a raid and he was abducted. There was no surrender by his citizens to USA.

On a point of order, Mr. Speaker, Sir. Noriega was never the President of Panama. Indeed, he refused to describe himself as such. So, that gave latitude to America to abduct him to the USA. On record, he was never President of Panama.

Who was he?

Mr. Speaker, Sir, he was a military leader. He was actually the effective leader of the country, but he never described himself as the President of Panama.

Mr. Speaker, Sir, you can see the difficulties surrounding drug trafficking. It is a fact. Whether he was a military head or President, Antonio 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. The issue of harambee contribution is a personal decision. So, you will find that there are those who are going to make contributions at a small-scale level and you cannot really coerce somebody to give more. If it is somebody who has given birth and you are taking a present to her, you cannot be coerced. This Motion is focusing on a more formalised process of harambee and collecting money at a public level. Therefore, it is very important and very critical. Unfortunately, over time, the notion of harambee has been taken only in terms of monetary contributions. The fact that it has attracted so much attention has to do with the nature of the African family and community life. Depending on the purpose, people would contribute so easily and so willingly. Therefore, it was not just a contribution in terms of monetary, but in terms of other resources like labour and so on. Over time, there has been a lot of appeal in terms of what harambees mean, especially for Kenya and the different reasons for them. We have already discussed the sort of contributions available. For example, for educational purpose, health, or a community initiative. This was the beginning of what brought out the notion of many contributions. The long terms benefits were always very clear. The approach was also bottom-up rather than top-bottom. Therefore, people who contributed felt that they actually knew the need and they appreciated and knew what their contributions were going to make in terms of the changes within the societal context. Mr. Speaker, Sir, we cannot underestimate harambee and what it has done. Statistics have been given in terms of contributions. For example, by 1979, about 30 per cent of rural development investment was actually from harambee initiative. That was about Kshs8.8 million collected at that time. The development plan of 1979 to 1983 actually said that harambee is a major strategy for accelerating rural development since Independence. By 1992, we had up to a tune of Kshs26 million that had been contributed as a result of harambee initiatives and that is no mean feat. That is really quite a lot of effort that is put to ensure that such contribution is availed to a particular community. By 1980 to 1984, 12 per cent of the national capital formation was through harambees. By The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

What is it, Sen. Hassan?

On a point of order, Mr. Speaker, Sir. I want to bring to your attention whether you are aware that today is the beginning of the month of Ramadhan across the world. As the third highest member of the organization of Government after the President and the Deputy President, you must take that opportunity as the Chair to wish the Muslims a healthy Ramadhan.

Point noted. Sen. G.G. Kariuki.

Mr. Speaker, Sir, thank you very much for giving me this opportunity to say something about this Motion. I know it will be amended to remove my name and replace it with another. That is my information. It has not reached you, but there is that proposal. I can now speak freely on this Motion because my intentions and my wishes are being taken care of. I do not want to be a Member of this Committee. Talking about the Motion, before we move to formalize or to codify harambee, we have to ask ourselves; what was the purpose of harambee from the word go? What was the philosophy behind harambee? As I understand it, people were supposed to sit together and those who could afford to assist others did so willingly without being compelled by anybody. There was no law to compel anybody to do this. In fact, the intention was not to bring law into the issue of harambee because it was a voluntarily exercise. If you wanted to give me something if I had a project in the name of harambee, you were free to do so. Mr. Speaker, Sir, I agree that quite a number of people made use of harambee to do other things which were not supposed to be done. In fact, in the Koigi Wamwere Report and many other reports, including mine, harambee contributed quite a lot to corruption in this country. It is harambee which messed the politics of this country. This is because those who had a lot of money used it to make their names or to show others that they were the only people who were able to assist them. In fact, they forced the public to believe that they loved them too much. That is why they were taking too much money to them. This changed the harambee spirit to something else. If you codify harambee the way the Mover of this Motion wants it done, I think it will have no meaning; it will cease to be harambee. It will be a kind of forced decision of taking other people’s money. If this Motion on harambee is going to be considered with a view to making a law which will control harambee, I think we need to think twice. For example, if people want to build a church and they request their members to contribute, there is no harm in doing so. We should not appear to be interfering with the peace of 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.

Mr. Speaker, Sir, I rise to join Senators who have spoken before in thanking Sen. (Prof.) Anyang’-Nyong’o for bringing this Motion at this time. If you really look at the historical videos and films of the years when Kenya began, you can see the motivation of the spirit in which the harambee movement and harambee activities started. Most of the institutions that we have in Kenya today that have produced the men and women you see here were build in the spirit of harambee. This has been done willingly from the hearts of the people of Kenya, but noting the way it has been abused in some corners by some people, when Kenyans are now 40 million as opposed to the almost 10 to 12 million by the time we attained Independence, there were more sincere people then than now. There is no harm in formalizing a ritual or a procedure that has been used in our country, whether willingly or unwillingly. Where I come from in West Pokot, we now have over 2,000 students who are pursuing privately sponsored programmes in the universities. Most of their school fees is raised through harambees which are done between September and January. This is the time we know that there are crops in the farm and the prices of animals are better. To us, we support this idea because in our county without this harambee spirit, we would not be where we are today. Our schools are not as equipped as other schools. We do not have sufficient teachers to the extent that when we get results for Form Four, most students have a mean grade of C+, B- and B. These are candidates that are supposed to go to university, but because the Government cannot give them funding through the Higher Education Loans Board, we have to chip in through the harambee spirit. Mr. Speaker, Sir, this Bill that is proposed through this Motion would be very beneficial to the people of Kenya. If there are places in Kenya which have been built or have other ways of getting funds and they have built their own infrastructure, this Bill should be looked at critically and supported although the composition can be improved by the two leaderships. But that does not remove or negate the spirit that we are trying to introduce here. You can even remember some of the dispensaries that were build in my neighbouring country Turkana prior to the introduction of the CDF funds; they were essentially done through communal spirit where people brought money through the harambee spirit. A number of our students who are now studying in the United Kingdom, China, India and many other places, are there because of this harambee spirit that 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.

Order hon. Senators! Before I call on the next contributor, I wish to take this opportunity to wish all our Muslim brothers and sisters within the Senate, in our Parliament and across the country Ramadhan Kareem during this holy month of Ramadhan. I want to thank Sen. Hassan for reminding the Chair to do what I had actually intended to do. Thank you.

Thank you, Mr. Speaker, Sir. First and foremost, I support this Motion. Whether we like it or not, harambee has become a phenomenon that is accepted as a way of culture or a way of life in Kenya on literally every front. As the Mover of the Motion intends, we need to streamline this important industry because it is a multi-billion shilling industry that needs to have some form and order. I do believe, in addition to setting up criteria for projects that qualify for harambee contributions, we must stipulate the objects of fundraising. Fundraising must be an act of philanthropy by people who are well endowed and who wish to voluntarily support general causes that improve the well being of society. Harambee can be a matter of CSR by top corporates in this country; be it Safaricom and other huge profit making organizations that might entrust themselves in giving back to society. But harambee must never be about politics. For a very long time, the political class has been synonymous with harambees and the politicians in totality are taken to be private avenues for development. I can tell you, including yourself and Members of this Senate on a daily basis, even those who are looking at their Short Message Services (SMS) now, it is likely that somebody is asking for a contribution towards fees for their child, a medical bill, et cetera. As we streamline this industry, we must create interest in people to generate funds that can support some of the development work around education and the social well being without necessarily placing the absolute burden on the political class in its entirety. I think it has prejudiced our political environment for a very long time. Many times we have got less than the leaders that we deserve as a society and a country. People must be told that harambee is not just about a politician. Mr. Speaker, Sir, I remember a situation where there was an order in some public housing for people to vacate. They wanted to rush to court to get interim orders to stop 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.

You have to address me as Mr. Speaker.

I am sorry, Mr. Speaker, Sir for referring to you as a temporary Speaker. I looked behind and saw Mr. Speaker leave. We need to restructure the harambee system in this country. Harambee is a Kenyan phenomenon and a lot of people have had the alternative to go through schools and universities because the harambee system gave us the opportunity. Harambees should equate the fact that there are good signs in it because we are people of endless generosity. As Kenyan people, we must stand for one another. The more classical individualist societies characterized by the western society could not have survived the terrain that the Kenyan people; a majority of whom are the Kenyan poor, were living 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.

Bw. Spika wa Muda, nashukuru kwa kunipa nafasi hii ili nichangie Hoja hii. Hoja hii ina uzito mwingi. Katika mchango wangu nitachukua msimamo wa Sen. G.G. Kariuki kuwa Hoja hii ifanyiwe mabadiliko ili ikubaliane na mahitaji ya Wakenya. Ningependa kusema mambo matatu juu ya Hoja hii. Jambo la kwanza ni kuwa mwito wa harambee ni mzuri sana katika nchi hii. Wanasiasa wengi hujihusisha na harambee katika maeneo yao kwa sababu wanataka kuwasaidia watu wao. Orodha yangu inaonyesha kutakuwa na harambee nyingi mwishoni wa wiki hii. Si lazima mimi nihudhurie harambee hizo zote. Viongozi waliochaguliwa katika Kaunti zao, si lazima wahudhurie harambee hizo zote kwa sababu wana mambo mengi wanayowafanyiwa watu wao. Kwa hivyo, harambee hutegemea mahitaji ya watu. Hakuna mwanasiasa ambaye hulazimishwa kuhudhuria na kuchanga katika harambee yoyote. Najua wanasiasa ambao hawajawahi kuchanga hela hata moja katika sehemu zao za uwakilishi lakini huchaguliwa wakati wa uchaguzi mkuu. Marehemu mhe. Martin Shikuku alikuwa mchungaji wa watu. Yeye hakuwahi kuchanga pesa katika harambee yoyote katika sehemu yake ya uwakilishi Bungeni. Tunapozungumza mambo ya harambee tunafaa kuelewa kwamba harambee huchukua mielekeo mitatu. Hii ndio sababu ninakubaliana na msimamo wa Sen. G.G. Kariuki kuhusu Hoja hii. Hakuna maana ya kumsaidia mtu halafu kumvua nguo baadaye kwa kutangaza shida zake na vile anavyoishi. Nimesimama hapa leo si kwa sababu nimechangia harambee nyingi lakini nilichaguliwa kwa njia halali. Hata hivyo, kuna watoto ambao nimewasomesha kuanzia kidato cha kwanza hadi chuo kikuu. Watoto hawa hawakusomeshwa na Sen. Muthama ili wampigie kura. Hapana. Mimi nimesaidia taifa hili kwa sababu ninataka kuona watu wetu wamepata maarifa na ujuzi wa kuweza kukuza taifa hili. Tukifanya hivyo, watoto hawa watakapokuwa watu wazima hawatajihushisha na ukora na mambo mabaya kwa sababu watakuwa na ujuzi na maarifa ya kufanya kazi kihalali. Tunajua kuwa walimu wengi wa shule za msingi hapa nchini hawawezi kuwaelimisha watoto wao hadi vyuo vikuu. Hii ni kwa sababu pesa wanazopata hazitoshi. Leo wako barabarani wakidai nyongeza za mishahara yao. Ni huzuni kuwa wengi wao hawawezi kusomesha watoto wao kuanzia darasa la kwanza hadi chuo kikuu 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. Temporary Speaker, Sir, I beg to propose an amendment to this Motion under Standing Order No.52. The amendment reads as follows. That this Motion be amended as follows: (a) By deleting the name of Sen. G. G. Kariuki and inserting in place thereof the name of Zipporah Kittony. (b) By adding the following names after the name of Sen. Hassan Omar Hassan (8) Sen. Abu Chiaba (9) Sen. Moses Wetangula 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. Temporary Speaker, Sir, I beg to second the amendment that Sen. Ong’era has moved. This is because in this House most of the Senators have had the experience of harambees in their areas. So, if we bring Senators from diverse origins, we will have the expertise and experience put together, to bring a Bill that will move this Senate to where we want it to go and help Kenyans. Mr. Temporary Speaker, Sir, I beg to second.

Mr. Temporary Speaker, Sir, I beg to support the amendment. Mr. Temporary Speaker, Sir, given the earlier sentiments expressed by the distinguished Senator for Laikipia, it is only fair that we exclude him from the Committee, although the reasons that he gave for not wanting to serve were far from convincing. But we must respect his views, so that we can move forward. Mr. Temporary Speaker, Sir, the additional names are also born out of consultations, to see that we have a balance from both sides of the House, which I think we do achieve by the inclusion of the new names. I have no doubt that the gender parity is also equally achieved and that the additional Members to the Committee will add value in helping to generate and engineer a new law that can help regulate harambees. Mr. Temporary Speaker, Sir, it must be made very clear, once again, that Prof. Anyang’-Nyong’o’s Motion does not in any way intend to abolish harambees. Everybody who has spoken here, has talked about the many good things that harambee has contributed in the development of our country. Equally, Members have spoken about the abuses that harambees have been subjected to. It is those abuses that this august House wishes to bring into focus, a legal framework, regulation and also, like we did say earlier, in line with devolution, so that resources going to the ground can supplement some of the pressures that have been put on those who donate. 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. Temporary Speaker, Sir, I rise to support this amendment. But I would like to just pass a word of advice to the Committee that will be formed. They need to conduct civic education amongst the people that they will be visiting, so that they do not end up creating a centre to source for bribes. Through setting up committees, we may end up handing powers to the chiefs, assistant chiefs and other unscrupulous persons, who will pretend to be screening the projects, yet they will be asking for money. Therefore, civic education needs to be conducted out there, so that people can understand the concept and do not feel like we want to stop their ways of raising money through harambees. They should not also feel like they are being disadvantaged by those who are supposed to protect them. Mr. Temporary Speaker, Sir, I beg to support.

Mr. Temporary Speaker, Sir, I also stand to support the amendment. In Kenya, many people have also had a negative view of harambees because of lack of accountability. There are many people who would like to contribute, considering the usefulness of the contributions, especially in harambees. If they knew that systems of accountability would be put in place, I am sure that they would contribute even more than what they are contributing currently. Mr. Temporary Speaker, Sir, I think that the levels of apathy amongst various contributors has come because there is no sense of having any sort of control once the money has been given. Therefore, if we put in place mechanisms to ensure that such accountability exists, a large sector of Kenyan groups will feel that now they can contribute. Because of the abuses that harambees have been subjected to, many people who would otherwise contribute are not contributing. Mr. Temporary Speaker, Sir, I think that the Select Committee that has been proposed is more representative. It brings into the field also varied experiences. Such structures and the Bill that will be prepared as a result of this Motion, will really begin to put us on a map, where we do not lose a resource that is very critical in this country. Mr. Temporary Speaker, Sir, by nature, in terms of our background and communal approach to things, Kenyans tend to be givers. Sometimes I get worried when this spirit of giving is interfered with because of the suspicion about what the money will be used for and the abuses. So, if we can bring a Bill that will begin to restore the confidence for such contributions, it will take us to greater heights. It will take us back to the 1960s in terms of the willingness in contribution and benefits of those contributions, especially at the county level, people might be missing out in terms of money and projects; be they educational-based or health projects. At the county level, it will enable people to bring back the value of harambees. We will be moving in the right direction if we will bring that Bill and ensure that accountability within harambees is taken into consideration. Thank you, Mr. Temporary Speaker, Sir.

Thank you very much, Mr. Temporary Speaker, Sir. I wish to support the amendment because it is very useful. This is a Motion that will go very far in helping Kenyans live a comfortable life, come up with development and assist, especially the people who are less privileged. 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 realized that Sen. Sijeny was contributing to the Motion itself, but I allowed her because I think that we are still within the 100 days of the Senate and are all learning. But we are actually discussing the amendment. I realize also that all of you have contributed to this Motion. So, I now call upon the Mover to reply.

Thank you very much, Mr. Temporary Speaker, Sir. Let me, first of all, thank all Senators who have contributed to this Motion. I would just like to make one point very clear; this Motion, in no way, intends to abolish harambees. No! If anything, its intention is to encourage harambees to be done in such 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.

Hon. Senators, it is now time to adjourn the Senate. The Senate stands adjourned until tomorrow, Thursday, 11th July, 2013, at 2.30 p.m. The Senate rose at 5.05 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.