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

Mr. Speaker, Sir, we have 26 Senators in the House. We have a quorum.

Let us proceed.

Hon. Senators, I wish to make the following Communication. I wish to bring to the attention of the Senate that pursuant to Standing Order Nos.40 (2) and (3), the Clerk received and delivered to me, on Wednesday, 7th August, 2013, the following Message from the National Assembly regarding the County Allocation of Revenue Bill, 2013 (Senate Bill No.1 of 2013): THAT, the National Assembly has agreed to the County Allocation of Revenue Bill, 2013 (Senate Bill No.1 of 2013) without amendment. Consequently, I caused the Message to be transmitted to every Senator pursuant to Standing Order No.40 (5) through letter Reference Sen/L&P/MSG2013/6 dated 7th August, 2013 as the Senate was not sitting at the time. Hon. Senators, in accordance, therefore, with Standing Order No.40 (5), I hereby report the above Message to the Senate. 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. (Dr.) Khalwale?

Mr. Speaker, Sir, I thank you for that Communication. I also laud His Excellency the President for signing the Bill into law. But remembering some of the kamkunjis we have had on the need for consultations between the two Speakers of Parliament and in view of the fact that we have been away for a long time, might you be having information to re-assure us that now business will be transacted in the two Houses in accordance with the provisions of the Constitution?

Thank you, Sen. (Dr.) Khalwale! However, once you dispose of your matter, you resume your seat.

He forgot!

There is no point of walking to your seat as if you have just had some major undertaking.

Hon. Senators, let me take this opportunity to welcome you back to the Chamber after the recess. Of course, during recess, you were still busy with committee and county business. This is now an opportunity to resume plenary business. I want to agree with Sen. (Dr.) Khalwale that we have made a lot of progress in terms of the relationship between the two Houses. I did not intend to do this in the main plenary. We are planning to convey this issue through the normal kamkunjis because this is really an in-house matter. But since you have raised this matter, it is good for me to give the assurance from the outset that the leadership of the two Houses got together and agreed on how to proceed with business. I can confirm, on your behalf, that what was agreed on is the framework that is within the law and the Constitution. That is what we have been asking for a long time. But as the English say, “the proof of the pudding is in the eating ”, it is in eating of the pudding that you will appreciate it. This is just the first day when we start “eating”. So, from that Communication, we hope to continue eating the pudding until we determine that it is very nice. Thank you. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Yes, Senate Minority Leader. SHOOTING OF PETER WANYONYI WANYAMA IN BUNGOMA COUNTY

Thank you, Mr. Speaker, Sir. I wish to seek a Statement from the Chair of the Committee on National Security and Foreign Relations under whose purview is internal or homeland security. The Statement I wish to seek relates to an incident in Bugoma County last night where armed thugs ambushed and shot a prominent lawyer, Peter Wanyonyi Wanyama, and fatally wounded him. In the statement, I wish the Chairman to: (1) Inform the House and the country what urgent steps are being taken to get to the root of this heinous crime. (2) Tell the House and the country why it took so long for the police at Bungoma Police Station to get to the scene yet the lawyer lives barely a kilometre from the police station. (3) Whether this fatal attack on the lawyer is a resurgence of the notorious insecurity incidents in Bungoma County over which you graciously allowed me, some three or four months ago, to move a Motion of Adjournment in this House where the House debated and expressed disgust and dissatisfaction at the state of affairs. (4) Inform and commit that no stone will be left unturned until the perpetrators of this heinous crime and the fatal shooting are dealt with, knowing that the residence of the deceased lawyer is only 1.5 kilometres from my own residence and, therefore, he is my neighbor. Even if he was not, I must show concern as the elected representative of Bugoma County. Mr. Speaker, Sir, I beg to request.

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

What is it, Sen. (Dr.) Khalwale? Is the point of order related to the Statement that has been sought?

Yes, Mr. Speaker, Sir. Indeed, the matter being raised by the hon. Senator for Bungoma County is so serious because may be, unknown to the Senator, already the tension on the ground is such that some of the local leaders have already addressed the media and stated that this is a political matter. When this kind of death is referred to as being “political”, the senior most politicians from our community are in this Senate; Sen. Wako, Sen. Wetangula, Sen. Khaniri and myself. I am, therefore, saying that the Government must make sure that the question of “political” is not just allowed to be a statement made by an individual or individuals in passing. We would like to see all of us, the senior politicians of the area, being asked to go and record statements on this very serious matter. I am pained because Peter Wanyonyi was my friend. At the time of his death, he was actively involved in a petition. He was representing hon. Musikari Kombo against 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.

Chairman could you give your comments on this?

Mr. Speaker, Sir, I sympathise with the bereaved family and send my condolences. I want to assure the hon. Senators that everything will be done to respond to this issue effectively. I want to be given up Tuesday next week, so that I can give an elaborate answer.

Can the Statement be issued on Thursday, this week?

It is not possible.

Order, hon. Senators. The Statement will be issued on Tuesday, next week. TARMACKING OF KIBWEZI-KITUI-MWINGI ROAD

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

What is it, Sen. Mwakulegwa?

Mr. Speaker, Sir, as the Deputy Chairman of the Committee on Energy, Roads and Transportation, we were to give a Statement today from the Cabinet Secretary in charge of the same. But when we got the Ministerial Statement, we, as a Committee, felt that we needed to make more reference to the Statement, so that it is worth presenting on the Floor of the House. So, we indulge the House to give us about three weeks. We should be able to present that Statement on 8th October, 2013.

What was the Statement about? 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, it was on a Petition by Joseph Kalinga of Kitui through the Senator for Kitui County regarding the Kitui-Mwingi Road.

So, we will get the Statement in three week’s time?

Yes, Mr. Speaker, Sir.

Senator from Kirinyaga County. CONSTRUCTION OF SAGANA-KUTUS- KERUGOYA-KARATINA ROAD

Thank you, Mr. Speaker, Sir. Before we proceeded for the recess in August, I sought a Ministerial Statement and a Petition. One is about a road that is purported to be under construction; the Sagana-Kutus-Kerugoya-Karatina Road. I was promised that the Statement would be issued as soon as we resume. Now that we have resumed, I need to be guided whether the Statement will be presented to the House. PLIGHT OF RICE FARMERS AT MWEA SETTLEMENT SCHEME Secondly, Mr. Speaker, Sir, the other issue I sought was on the Mwea Irrigation Scheme which I presented as a Petition from Mwea Farmers. We are yet to be told when these matters will be responded to, so that we keep our people informed.

Could the relevant Chairpersons comment on this? Senator Mwakulegwa!

Mr. Speaker, Sir, on the issue of construction of Sagana- Kutus-Kerugoya-Karatina Road, we have not received the reply. Immediately we do so, we will make every effort to ensure the Statement is presented before the House this week.

Sen. Musila. CRITERIA FOR DETERMINING MARGINALISED COUNTIES TO BENEFIT FROM EQUALISATION FUND

Mr. Speaker, Sir, I stand to address a very serious matter on a Statement that I requested on 14th May, 2013. I raised the matter again on 17th June, 2013, 2nd July, 2013 and 25th July, 2013. On that day, the Chairperson of the Committee on Devolved Government, Sen. Murkomen, assured the Senate that he was going to give a report of his Committee on the matter that I had raised, namely the matter of the Equalisation Fund. He promised the House, and this is on record on HANSARD, that the report would be laid on the Table of the Senate on 30th July, 2013.Thereafter, the Chairman pleaded with me that I allow him so that he uses the recess period to complete the report. Mr. Speaker, Sir, this is a matter that has taken a very long time. When I raised it, it was meant to pre-empt the allocation of funds before the financial year. That was on 14th May, 2013. The Committee is either unable or unwilling to undertake this task. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. Musila! Just because you are on the Floor does not give you the right to go on and on. But since I allowed you and you had not indicated how many statements you wanted to seek clarification on, you can proceed. But it is not because you have seized the Floor. WITHHOLDING OF KCSE CERTIFICATES BY SCHOOL HEADS

Thank you, Mr. Speaker, Sir. This is a brief matter. I had asked the Chairman of the Committee on Education, Information and Technology, Sen. Kagwe, to give a Statement on the issue of former students of secondary schools who finished their schooling and did their examinations, but their schools continue to withhold their certificates illegally. In accordance with Act No.29 of the Kenya National Examinations Council (KNEC) of 2012, it is illegal for anybody, principals or even the KNEC to withhold certificates of students who sit for national examinations. My friend is there, but I did not see him rise, that is why I rose on this matter.

Dr. Kuti.

Mr. Speaker, Sir, I stand to seek a Statement from---

Has your name been called out?

Sorry, I thought my name was called out.

Order! Your name was called out because I thought you were responding to Sen. Musila’s requests. Which Committee does the issue of the Equilisation Fund fall under? Is this an issue under the Committee on Devolved Government?

Yes!

Could the Vice-Chairperson respond to this issue? Sen. Kagwe, you are not the Vice-Chairperson of the Committee on Devolved Government. Sen. Wangari, as you respond, I wish to say that Sen. Musila has been on this matter for far too long. It must come to an end.

Mr. Speaker, Sir, before I respond to the issue, I, first, want to apologise to the Senator for taking a long time to respond to a matter that has been on the Floor of the House for quite some time. But we know that these Statements do not come from the Committees, they come from the Ministries. We have not received that Statement from the Ministry of Devolution and Planning. We have constantly engaged 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.

Thursday afternoon, this week?

Yes, Mr. Speaker, Sir.

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

What is it, Sen. Musila? I thought you should be quite happy now.

Mr. Speaker, Sir, I am not happy because I feel the Committee is mistaken. The Committee ought to summon the CRA and get the facts. But what they are saying is that they want to give a Statement. I do not want a Statement, I want a report of the Committee on the sharing of the Equalisation Fund. That distinction should be made.

But Sen. Musila, you rose on the Order on Statements. So they are right to report on the same order, which is Statements. Making a Statement does not preclude a report. So, the Committee should issue the Statement but also bring a report.

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

What is it, Sen. (Dr.) Machage?

Mr. Speaker, Sir, the Chairperson of the Committee on Devolved Government has made a very serious report on the unwillingness of a Ministry to reply or respond to their order. Would I be in order to request that you guide this House on how long it should be considered a waiting period and whether we have the powers, as envisaged by the Constitution, to also use the powers of the High Court on the Minister?

It is there!

I think Sen. (Dr.) Machage has already spoken for the House when he said that these committees take too long to respond. Of course, on the admission of that particular Committee, they are not getting responses from the Executive. I was just waiting to see the magnitude of that kind of problem so that we can be able to deal with it. But to respond specifically to yours, this is a Committee matter and so it is up to the Committee to come back to the House and state that it is not getting the necessary support and then we will pick it from there. They are at liberty to give any sanctions they wish. So, I think let us wait until Thursday, the Committee will come back to the House with a report and can also petition the House to take certain steps. For now, they seem to be a bit happy except for the point that maybe the rest of us are not happy. Especially since you have apologized, it means that they are not also very happy. So they are asking for indulgence for a few more days and then let us take the matter from there.

Mr. Speaker, Sir, in similar format, my friend, Sen. Musila, did ask the question that he said, but that was the last day and we did say that we were going to reply this first week after resumption. I wanted to seek your indulgence to reply next week because I have been with the officers concerned and there is a specific officer who is not in the office who I need to give a proper reply.

So, next week on Tuesday! 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, Tuesday is fine. MEASURES TO RESOLVE BOUNDARY DISPUTE BETWEEN MERU AND ISIOLO COUNTIES

Mr. Speaker, Sir, pardon me for interrupting earlier. I am here to seek a Statement from the Chairman of the Committee on National Security and Foreign Relations about the deteriorating security situation in Isiolo. We have had relative peace for the last one year or so in Isiolo which earlier on was a hot spot. We as leaders have got together and managed a very successful election by trying to share and have a very inclusive leadership. Unfortunately, a land border issue is creeping into Isiolo and I have to seek this Statement this early in order that this matter be resolved and security personnel on the ground and the national level be able to take a pre-emptive move as we, political leaders, also look for a political solution. Mr. Speaker, Sir, there is a developing land boundary dispute between Isiolo and Meru County at Meru North District and my colleague, Sen. Kiraitu, and I have agreed to put our heads together and go down and put leaders together and address this matter. But this morning, some members of my county were attacked. Four of them were injured, two of them critically and two women raped. This has been a brewing issue which we thought we could now rush and resolve. But now, since it has reached that level, it is an indicator of an explosive situation that I would like this Committee to take note of and to mobilize the security team as we, leaders, also get our act together so that Isiolo which has now enjoyed relative peace does not join the list of other counties that are hot spots. Thank you.

Mr. Speaker, Sir, we have taken note of this and I intend to reply on Tuesday next week. CLARIFICATION OF REPORTS ON ALLOCATION OF OIL BLOCKS TO NIGERIA GOVERNMENT

Mr. Speaker, Sir, I rise to seek a Statement from the Chairman of the Committee on Energy, Roads and Transportation following reports in the newspapers and the general media regarding the allocation of Kenya’s oil fields. There was a report that we have given 46 oil fields to the Nigerian delegation that was here the other day. This is an extremely serious matter particularly given that we are aware that if there is one country that has managed its oil badly, it is Nigeria. In my view, what we should be learning from Nigeria is how to get to where the oil is and how not to manage oil resources. Therefore, I seek a Statement on this matter from the Chairman of that Committee. He should clarify this issue.

Mr. Speaker, Sir, we shall consult and give the feedback in three weeks’ time.

That is too long!

Mr. Speaker, Sir, It is not too long! For him to have said that they were given 46 wells, what was reported in the media is not what was reported in the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Mwazo, the Ministry is not very far from you. If they came for less than five days and they allegedly got them, you should not take a lot of time to get the same information.

Mr. Speaker, Sir, we shall fast track it and possibly give the Statement next week. But having worked in Nigeria for five years, it is not as you portray them. They also do good things and that is why on a light touch, they are marrying Kenyans girls.

Mr. Speaker, Sir, with all due respect to the Senator, is he in order to state that Nigerians are doing us a lot of good when we know that the cartels of drug trafficking in this country are perpetuated by Nigerians and, in fact, it forced the President to order the deportation of all foreigners but unfortunately to have them re- admitting themselves back into the country. Could he also – if he is convinced that they are doing a good job – use that opportunity to tell us what the President discussed with the Nigerians on the issue of drug trafficking? They might actually be bringing here barrels of drugs when we think that they are coming to mine gold.

Sen. (Dr.) Khalwale, Sen. Mwazo said it with a light touch although I agree with you that this is not a place for jokes. But as a matter of speaking, maybe that is why he did it. So, let us not escalate this particular matter. He also did not say that they are doing good things to us. He said that they do some good things. The only distinction he could not make is whether those good things included mining petroleum. Nigeria is a friendly State to our nation and we are bound by our standing orders; we should not discuss those kinds of things at this particular time unless you raise a substantive Motion. I think in terms of the issues raised by Sen. Kagwe, the Chair of the Committee has promised to deliver the Statement in one week’s time.

On a point of information!

Order, Sen (Dr.) Kuti, this is---

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

Order Sen. (Dr.) Kuti! That matter was concluded and secondly, you should not insist when the Chair has made it abundantly clear that that is not a matter that may be entertained. The only reason why you had a bit of liberty was because the Senate Majority Leader was trying to turn this House into a choir and I want to make it very clear that this is a House of rules; it is only the Chair who can tell you whether you are out of order or not; or who should be given information and not any other Member. So, I hope all Senators are informed. Next Order!

Hon. Senators, the Motion before us is as per the Order Paper. First, we have 25 minutes remaining. Secondly, there was an amendment by Sen. (Dr.) Machage which you should be debating. Just to refresh your memory, the amendment was that the Motion be amended by deleting all the words appearing between the words “urge the” and the words “in all” in the ninth and tenth lines and replacing thereof with the following words:- “national government to establish offices of the Medical Practitioners and Dentists Board”. So, we will, maybe, take two contributors to the amendment and then we put the question to the amendment and then we dispose of the Motion.

Mr. Speaker, Sir, I do not know how to proceed, perhaps you will guide me. But I have been talking to Sen. (Dr.) Machage about this particular amendment which was well intentioned and our aims are the same, but the Government cannot establish the Medical Practitioners and Dentists Board because that Board is a statutory corporation under an Act of Parliament and it is supposed to be independent, dealing with the discipline of doctors and dentists, which is an independent profession. Therefore, I have just talked with him and I felt that the proper wording ought to be:- “Urges the Kenya Medical, Practitioners and Dentists Board to decentralize and establish its offices in all counties in Kenya”. This, to me, will be in accordance with the law. Before I come to the merits, I just wanted to bring that to the attention of the Senate and I talked to Sen. (Dr.) Machage and he agreed that maybe this carries out our intentions well. So, I do not know how to proceed on it. One way is to debate that one and then bring this amendment, which will take more time. 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.

The problem is that I have not even seen your amendment.

I thought I had forwarded it to the Clerk.

The Office of the Clerk plays a different role from the Office of the Speaker. Assuming we accept your amendment, then you will have squandered the opportunity. So, let us allow one Senator to contribute while we reconcile your amendment.

Thank you, Mr. Speaker, Sir. I wish to make a contribution which touches on the amendment which is in the process of being read to you. I think this is the latest amendment and I will support it when it is properly before the House. Mr. Speaker, Sir---

Order, Senator! You are not allowed to anticipate debate; so, you deal with the matter as it is.

Thank you, Mr. Speaker, Sir. Let me carry on as the Motion was before; but I am also anticipating that some amendments will be done, but I will not mention it here. Mr. Speaker, Sir, as a medical practitioner, I am personally saddened by the suffering that is currently being caused by the medical practitioners to the populace of the country. I am even more saddened because of the number of cases that are arising and also the severity of some of these cases which the medical practitioners are subjecting wananchi to . Mr. Speaker, Sir, this is a very serious thing and we know that some of the cases are very serious. As we are today here, I would probably like to remind Senators of the very sad case that we saw in Bungoma Hospital, where a lady delivered on the floor under the watch of medical personnel and she was subjected to ridicule and abuse as she was being subjected further to negligence. I thought this was the lowest that the medical practitioners could go in this country, and I thought it is important now that a law or a system is put in place which can pick up these issues at the outset. Mr. Speaker, Sir, I am saddened further because one of the bodies that did not make any response at all was the Kenya Medical Practitioners and Dentists Board (KMPDB). It was all left to the members of the press to address the issue. It is in this light that I really think that---

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

Sen. (Prof.) Lesan, would you like to be informed?

It is okay, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I want to inform the good Professor that, in fact, after that horrendous act at Bungoma Hospital, now the medics at the hospital have banned patients from entering the hospital with any mobile phones or electrical gadgets because a mobile phone was used to record the misconduct that brought their misdeeds to the public.

Thank you very much, Senator for Bungoma. I am sure this is quite at home with the Senator. 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. (Dr.) Machage.

Mr. Speaker, Sir, in view of the legal advice that has been presented to us by the former Attorney-General of the Republic of Kenya and humbly so accepting it, I would want to seek your indulgence that I withdraw the amendment Motion that I had moved earlier and replace it with the following---

Order! Order! Order, Sen. (Dr.) Machage! Senators! Let me guide you a bit. Sen. (Dr.) Machage is withdrawing his amendment. Once a Motion has been proposed, it is the property of the House. So, he can only withdraw it with your leave, and that is why I was stopping him there in order to determine that you have granted that leave. You can only deny him the leave by objecting to it. Since nobody has objected, I take it that the House has granted him leave to withdraw the amendment. Standing Order No.2 (1)(a) states:- ““leave of the Senate” means there being no objection by any Senator, either with the sympathy of the Speaker or with the support of at least two other Senators;” So, we will assume that your Motion has been withdrawn with the leave of the House. This is critical so that you do not just think that it is your own Motion and, therefore, you can withdraw it at any time.

The second one is that you cannot also just move another Motion because there was an original Motion and you brought an amendment. You contributed to the original Motion by bringing the amendment, so you spoke to the amendment. Therefore, you 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.

Mr. Speaker, Sir, I support this Motion because it answers the needs or some of the problems that we have seen in this country---

Order, Sen. Wako!

Move the Motion!

I hope your professional advice is not limited to Sen. (Dr.) Machage; it should apply to the House!

Okay.

You should move the Motion as proposed and then you can now say those other things.

Okay. Mr. Speaker, Sir, I beg to move the following amendment: THAT, we delete from the fourth line the words “the Senate urges” up to the end and substitute it with the following words: “the Senate urges the Kenya Medical Practitioners and Dentists Board (KMPDB) to decentralize and establish its offices in all the counties of Kenya.” Mr. Speaker, Sir, I am moving this amendment because I do support the spirit of the Motion. As a practicing advocate, one of my major clients were the Kenya Medical Practitioners and Dentists Union (KMPDU), which came to the aid of any doctor who had been either charged with professional negligence or if there had been any complaint against any doctor before the board, I would appear. So, I am aware that these problems of professional negligence particularly have been going on. But the other times I was in practice, the doctors who were appearing before these boards – the doctors against whom cases were being filed – were really the established doctors from established hospitals like the Nairobi Hospital, the Aga Khan Hospital and Kenyatta National Hospital. These were really the best established doctors and yet, even in that, we had cases of negligence. At that time, people were not very much aware of their rights; whatever the doctor had done was taken as done, with people relying on the common saying “yote ni ya Mungu.” But people have now become aware of their rights, but even more importantly, because of the increase in population, hospitals and many people seeking medical assistance, such cases have become very many and, consequently, the need to decentralize. It is in the spirit of our Constitution – and I believe it is Article 6(3) – which encourages national organs or institutions to decentralize their activities so that the services are also available at the county level. Therefore, Mr. Speaker, Sir, it is in that spirit that we are now saying that with the phenomenal increase in our population and people seeking medical services; and, therefore, an increase in the number of doctors who have come up, the activities of the KMPDB should also be decentralized. The board is a statutory body established under an Act of Parliament to more or less discipline the members of the profession and, of course, key to any profession worth its name is an independent institution which disciplines its members. 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 second the amendment to the Motion as put to us by Sen. Wako. The spirit of the Motion is not lost and Sen. Nobwola’s spirit will actually be more lifted if we make this amendment so that the whole Motion is in tandem with our established norms of practice of medicine in this country. We already have an established Medical Practitioners and Dentists Board that is ably functioning but what we need to do is give more mandate to the counties in a wide scale instead of looking at only public health complaints as put to us by Sen. Nobwola because that would only limit us to primary healthcare. We need to look at primary, secondary and tertiary healthcare. For that reason, I second the amendment as put forward to us.

Hon. Senators, because of time, I will only take one, that is, Sen. Musila before I put the question.

Mr. Speaker, Sir, I want to support the amendment. I believe that if this is done, the suffering of patients, particularly poor patients in the rural areas will be minimized. Patients have been suffering for too long and the Medical Practitioners and Dentists Board takes too long to respond to complaints even when they are made because it is stationed here in Nairobi. I believe that if this amendment is implemented, the suffering patients in the rural areas will be very much relieved. Mr. Speaker, Sir, allow me to point out one issue that has been going on concerning cancer patients. Cancer patients are suffering in Kenya today because their drugs have been withheld. These are some of the issues that we, as Senators, must check and ensure that the Government does not allow patients to die simply because they are waiting to collect taxes. Kshs375 million worth of drugs have been donated. The Government has paid Kshs5.6 million in revenue but the Kenya Bureau of Standards (KEBS) is insisting on Kshs900,000 as inspection fee. On Friday, I met some two girls suffering from Leukemia who had run out of drugs and were expecting them from Mombasa to save their lives. Could we, as a Senate, as we pass this Motion, urge the Government also to have these drugs released so that these poor patients can live?

I said, I will only allow one before I put the question but let me allow two more: Sen. Khaniri and Sen. Tiole Ndiema.

Mr. Speaker, Sir, thank you very much for your indulgence. I rise to support the amendment that was moved by the Senator for Busia, Sen. Wako. Before I do that, allow me from the outset, to thank and congratulate the original Mover of this Motion, Sen. Nobwola, for bringing this important Motion. The initial intention was very good and the amendment moved by Sen. Wako just goes further to advance the good intentions that the Senator had. Mr. Speaker, Sir, in my service as a Member of Parliament, I have had a lot of experience in trying to intervene for my constituents who have gone through this kind of suffering in our public and even private hospitals. The most notorious cases that affect my people were cases where hospitals detained bodies of people who had died because 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.

Time up, Sen. Khaniri!

I support.

Sen. Tiole Ndiema, you have two minutes.

Mr. Speaker, Sir, I stand to support the Motion as amended. This Motion seeks to address the serious issues of health that our people continue to face, particularly in the rural areas. Mr. Speaker, Sir, there are several areas that need to be addressed by this Board. While we are decentralizing, they also need to up their activities and report to the public. I have in mind issues of diagnosis. In many areas, there are laboratories that have sprung up which purport to give diagnosis but in most cases give wrong diagnosis, patients end up being treated for wrong ailments and by the time such mistakes are discovered, it is too late. I think something should be done. There is also the issue of fake medicines or counterfeit medicines which have flooded the market. Every day we hear about such issues.

Senator, your time is up.

With those few remarks, I support.

Order, Senators! Therefore, I wish to put the question. Before I do so, I want to remind you that this is a Motion affecting counties.

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

What is your point of order, Sen. Nobwola?

On a point of order, Mr. Speaker, Sir. I wanted to request you to postpone the vote on the Motion since it affects counties because we do not have the quorum to pass the Motion.

On a point of order, Mr. Speaker, Sir. In the light of your very correct ruling that this is a Motion that touches on the counties, I can see that we lack the numbers. So, I would like to move, under S.O. No.51(3), which reads:- “When a Motion has been moved and if necessary seconded, the Speaker shall propose the question thereon, in the same terms as a Motion, debate may then take place upon that Question then despite---

Order, Sen. Wako! We all have our Standing Orders, just mention and we will know. Do not read.

I am very glad that Senators are well learned in these matters. That is S.O. No.51(3). I am requesting that we defer this vote to another date. 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 the second part confirms that the Speaker shall nominate a time but you have gone ahead to propose for the Speaker. But the request has been put properly according to S.O. No.51(3) and (2) which says that 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 nominate a time in which the question shall be put. So, we will have it put tomorrow Wednesday.

Wednesday next week.

Order! The Speaker is on his feet but I have heard you. I will defer it to Wednesday next week anytime after 3.00 p.m. after we dispose of the preliminary orders. Sen. Nobwola, you still have the right of reply although we have not done well with time. So, I will give you five minutes to reply just before the vote is taken. That is for both the amendment and the Motion.

Next Order!

Mr. Speaker, Sir, I beg to move:- THAT, aware that the county is the main focus of devolution and that there exist multi-level structures within county governments; noting the need for counties to succeed and improve the social, economic and political well being of citizens and attain optimum levels of development within the said counties; appreciating that the devolved government structure envisioned in the Constitution of Kenya 2010 provides for different levels of government functions and responsibilities and that the interpretation and enforcement of these roles has been the subject of debate; concerned that there is still no county impact analysis strategy; the Senate urges the Council of Governors to take measures to require all counties to formulate, map and operationalise, with measurable indicators, key development agenda and deliverables for each term of the respective county governments. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to second this Motion. As we resume after recess, this Motion brings into focus what we have just been hearing and reading about in the newspapers in the course of July and August with regard to the implementation of devolution. Now, counties are working on the integrated plans and strategies. 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. May I also take this early opportunity to congratulate Dr. Zani for bringing such an insightful Motion. Her Motions are always very insightful. Mr. Speaker, Sir, this is a Motion that must be supported by all in the Senate. It actually talks about our core function as the Senate and Senators. But having said that, it is true that the counties are now the main focus of devolution and, by extension now, development. For counties to achieve optimum levels of development and if the multilevel structures within these counties are to execute their respective different levels of functions effectively, then there is need--- If I may quote from the Motion, there is need to operationalize, with measureable indicators, key development agenda and deliverables for each term of the respective county governments. Mr. Speaker, Sir, why do I say this? If we are not careful, what we are going to do, as a nation, is simply to avail a lot of funds in the hands of a few people at the county level, who without good structures and effective indicators of performances, cannot even evaluate their own performance. Without objectives and timeframes of performance, then as a nation, we might end up just enriching a few people at the expense of the many. Mr. Speaker, Sir, this brings us to the whole idea of devolution. Why did we, as a nation, decide to support a devolved system of governance? We did this because we felt that as a nation, some regions were being developed at the expense of other regions. So, with the 47 counties and county governments and governors, we need to pass this Motion, to help them know their performance levels, objectives and have their own systems of accountability. It will also help these county governments to accelerate the development that was intended for the same counties. Passing this Motion will also help these relevant county governments to formulate relevant policies. Some policies are really not relevant for some counties. Even in the manner of implementation, if we pass this Motion, it will give the county governments a way of coming up with effective implementation strategies that are tailor-made for respective counties. A policy might be very good. However, the manner in which it might be effectively implemented in Turkana County, for example, might not be the same strategy that would work for Nairobi County. So, that would help them to also have that. Lastly, the County Impact Analysis will help the county governments also to know the performance indicators from the different Government departments from the different levels and from their own systems so that even a county Governor might be able to know which department within his Government is underperforming and which head of department is not meeting his targets. By so doing, he might also get an opportunity to restructure his own system without being bundled out together with those who are underperforming within his county. With those few remarks, I beg to support.

Bw. Spika, nataka kukushukuru sana kwa fursa hii na pia kumshukuru Sen. (Dr.) Zani kwa kuleta Hoja hii. Mimi nimesimama hapa kuiunga mkono Hoja hii kwa sababu hili ni jambo nyeti sana katika mpangilio wetu wa kaunti. Tangu Serikali ianzishe sera mpya ya utawala wenye ngazi mbili, Wakenya wamekuwa na matarajio mengi sana. Wengi wameamini kwamba ugatuzi ni sera ambayo italeta afueni katika maisha yao. Sisi kutoka pwani, tuliamini kwamba tutaleta ugatuzi wa 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. Let me take this opportunity to congratulate and thank Sen. (Dr.) Zani for bringing this important Motion to this distinguished House. From the onset, let me say that it is very easy to rubbish this Motion because you may think that it is not tangible. Just as the speakers who have spoken before me, it is important to notice and to think about the phrase that has been said for a very long time, that when we fail to plan, we are definitely planning to fail. It is important that our governors, the executive committees, Members of the County Assembly (MCAs) and everyone who has been given authority at the county level does their part to make those counties work. They should critically think about planning and setting the foundation for the growth of our counties. Let me also state from the onset that as stated in the Motion, we need to have clear deliverables for each term of the respective county governments. After four years and a few months from now, each county will be put on a weighing scale. We will be looking at which counties really delivered for the people. As Sen. (Dr.) Zani said when she was moving this Motion, Kenyans have so much hope in the county governments. I think that is why they overwhelmingly supported the Constitution in 2010, so that they can see services get down to them. I must state that there will be no excuse even for the counties that have for a very long time been termed marginalized or minorities. They now have a chance to redeem themselves. If the governors at the county level and even 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.

The Senate Minority Leader, Sen. Wetangula.

Thank you, Madam Temporary Speaker. I also want to congratulate Sen. (Dr.) Zani for bringing this very important Motion. The Motion is good. The Committee on Finance, Commerce and Economic Affairs that I serve has gone around a few counties. Some of these things are being done, although at a preliminary level. We are setting up integrated planning to have county development programmes synchronized. But the Motion is important to the extent that it is obligating every county to do exactly the same. More importantly, that every county must have a clearly formulated, mapped out and operationalized strategy for development. Madam Temporary Speaker, I can very well remember – and my good friend, Sen. G.G. Kariuki, would, perhaps, be the best to remember this – that in 1965, the late Tom Mboya moved the first Sessional Paper in this country that gave the country a direction of development. That Sessional Paper was picked up by Malaysia. It has replicated it every five years with modifications. You can see where Malaysia is today. In Kenya, we abandoned it and we took a wrong turn. That is why we are where we are. I am sure that when the late Tom Mboya moved it, my good friend, Sen. G.G. Kariuki was in the House at that time. Madam Temporary Speaker, we must plan, and plan properly. There is no “one size fits all” in development structures. This is why I agree with the two Senators who have spoken – yourself and the nominated Senator, Sen. Lesuuda. We are seeing a very worrying trend. Every governor or every county is struggling to do something without reflecting on whether it fits well in the cog of the national wheel. For example, it is the philosophy and policy of the Government to have a national power grid. Where we have The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Mungai, Nakuru County.

Thank you, Madam Temporary Speaker, for giving me this opportunity to support the Motion by Sen. (Dr.) Zani. This is a very important Motion because it is going to put governors on their toes in the way that they are going to plan what is happening in the counties. It is worrying that up to this moment people on the ground are still hoping to see something tangible happening, but very little seems to be happening. When we talk about County Integrated Development Plans (CIDPs), yes, they are being carried out in various counties, but unfortunately, the level of involvement and the thoroughness that is required is lacking. It is very unfortunate because I am yet to come across a Senator who has been involved in the CIDPs formulation. In Nakuru County, for example, public participation in the development of the CIDP was quite minimal because only two hours were given to each constituency. It is very difficult for anything to be deliberated within two hours. When we talk about the CIDPs, the period that is being taken into consideration is very paramount. What is happening with CIDPs in various counties is that they are being done in a haphazard way. There is money that is being used and which does not get the desired results. This means that they will end up having CIDPs that are not workable. Madam Temporary Speaker, our counties can perform very well because the devolution that was envisaged in our Constitution is here now. I have had opportunity to go out of this country and it has been very worrying because sometimes when you come back you ask yourself many questions. For example, one might ask; what is actually wrong? When we talk about the challenges that we are likely to have, for example, 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.

Madam Temporary Speaker, I also rise to support this Motion. First of all, I wish to thank the governors who I know have started their plans and have integrated them. These are the Governors of Bungoma and Kakamega. They have involved most of the leaders, including political leaders. This is a good thing. I know that we also have counties that have not done so. We hope they will do so soon. Madam Temporary Speaker, you know very well that you cannot budget without a plan. You need a plan for you to budget. It has been very difficult for counties and that is why most of their budgets have a lot of errors. There should be understanding on how to budget for a bigger project and how to budget for a mid-term or short-term project. Some have ended up doing something like a Constituencies Development Fund (CDF) plan where you do a budget for classrooms, renovation of roads and so on. That is why we, as the Senate, are insisting that it is very important for counties to have a plan where they will give themselves a long-term strategic plan that will guide them in the next five 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.

Madam Temporary Speaker, I wish to congratulate the Mover of this Motion, Sen. (Dr.) Zani. The Motion is well thought out. As a leader or as a governor, you must know where you are coming from and where you are going. I worked for a private organization. Immediately you entered that office, you were expected to do a “Strengths, Weaknesses, Opportunities and Threats” (SWOT) analysis. You had to look at your strengths, weaknesses and threats for you to formulate your plan. Now that we are in the era of devolution, there is public participation. We have people out there, the citizens who voted for the Constitution, who expect a lot from us. Governors must deliver. How will they deliver if they do not have plans in place? We have Vision 2030. When governors plan, they should capture what the national Government has in place for them in the counties within Vision 2030. When you plan, as a county, you should also look at your strengths. For example, in Trans Nzoia County, I would look at the strengths as the food basket of the country because it produces a lot of maize. When you are planning, that should be one of the major items that you should capture in your plans. As Sen. Moses Wetangula said, we produce a lot of maize which finds its way outside the county. It is milled and then sold back to the county very expensively. How do we protect that? The governor needs to sit down with county assembly members because they have to approve part of those plans and protect their economy. Where there is a weakness, for instance, in counties like Turkana which buy their foodstuffs from outside, you need to find out how you will feed your people in the next five years. We should have a shift towards things like industrialization because they provide value addition. They also offer jobs and raise revenue. Counties that have weaknesses should look at such opportunities because these will create jobs for people in places like Turkana County since they cannot grow crops like maize. Pastoralists keep animals, but during the dry spell, they lose their animals, which is a big loss. Some of these animals cannot be insured or, probably, insurance companies are not ready to insure them. Development plans are very important. We would like to know where we will be in the next five years. When you start off in the first year, you may suggest putting up, for instance, a plant to manufacture cooking fat. In my county, we grow soya beans and sunflowers. Those two components can be used to manufacture cooking fat. However, with regard to planning, in the first year, we may not achieve this. That means that we should stagger the project in the first year, second year, and third year up to the fifth year. At the end of the five years, that is when governors and Senators will be judged. We are supposed to oversight governors. We are supposed to oversight them so that as they plan, they know what we are also planning, our strengths and weaknesses. I also know that in Trans Nzoia, one of our weaknesses is lack of jobs. Our youth are idle. When the governor is planning, he needs to see how to engage the youth so 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.

Madam Temporary Speaker, I rise to thank the Mover of this Motion. She did a good job. The spirit of this Motion is alive. It is not too late to suggest that we come up with this kind of Motions. When I looked at this Motion, from the word go, although I liked the spirit and wishes of the Mover, I still thought that we needed to go beyond the Motion. After amending it, my interest and proposal is to bring an amendment to the main Act. That is after we have done what we are doing now. I would like to propose an amendment which will start preparing the county governments for bad days to come. We must have a statutory law to enable us direct county governments to do what they are supposed to do. Madam Temporary Speaker, in the meantime, I would like to move an amendment which states as follows:- THAT, the Motion be amended by deleting all the words appearing immediately after the word “Senate” in the eighth line and inserting in place thereof the following words; “direct county governments to take 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.

Who is your “friend over there?” That is Sen. Hargura. Address him appropriately!

Madam Temporary Speaker, he is a Senator and friend.

Thank you, Madam Temporary Speaker. First, I would like to thank the Mover of the Motion because this is one of the basic requirements for planning. Madam Temporary Speaker, also, I stand to second the Mover of the amendment to the Motion, because I think that it just makes the Motion clear. This is because we are directing it at the recognized entity, which is the county government, instead of the council of governors. Also, we are requiring them to be reporting, at least, to the Senate, so that we can have that connection. Madam Temporary Speaker, as we know, the Constitution requires us to protect the county governments. One way of doing that is to make sure that they are on the right track. That will require them to have proper plans. We are discussing this knowing very well that, currently, the counties are doing their county integrated development plans. But what we are doing is to have it improved further, so that it has measurable indicators which can guide us along the way. When they are submitting their progress reports to us, we can check against their development plans and determine whether they are on the right track or not. I think that, that is why it is necessary to amend this Motion; to have that aspect that it has to be the county government which is being directed to do it. They have to report to us annually, so that we can make sure that they are on the right track. In case of any fallbacks, we can address them before it is late. Madam Temporary Speaker, we know very well that in any organization, there has to be planning. This is because these governments are run by elected leaders, who I am sure when they were running for office, had a vision for those counties. As the Mover rightfully put it, we have to take care of the socio-economic and political wellbeing of the citizens and also have a target, that by the time that period of five years lapses, at least, they should have attained some optimum level of development. Even if it will not be possible in five years, at least, they will have reached a certain level of development, which requires that government, before it takes off, to put that on paper in consultation with the citizens. They should come up with their targets. If the five years elapse, where will that government expect the level of development in that county to have reached? Madam Temporary Speaker, for some of us, this is a very good opportunity, because we come from areas where we feel that we are not at the same level as the rest of the country. This is because we feel that the resource allocation for the last 50 years was 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 beg to support the Motion as amended and congratulate Sen. (Dr.) Zani for bringing it. This is because it really touches the core of our mandate which is to represent the interests of the counties and their governments. This Motion is important because it now gives us the tools with which we can effectively gauge the performance of our counties. That way, we can work on an informed position when we are defending them. I support the amendment, but I hope that at a certain stage, this will not only apply to the county governments, but also to the national Government because the counties are not operating on the basis of the county governments only. We know that there is still a big role being played by the national Government in the counties. It is our responsibility as well to ensure that they play their role as expected. So, I believe that at a certain time, maybe separately, we can also require the national Government to do likewise for every county. Madam Temporary Speaker, as we are all aware, integrated plans have been prepared by the counties, but we must admit that the process was rather hurried and there was not enough consultation and even representatives both in the Senate and in the National Assemblies might not have had time in some places to be consulted and to have an input. It is very important that for everybody in the county to own the process, they should be involved and, more particularly, the representatives of the people; the Senate and the National Assembly, so that there is no excuse at a later stage to disown certain programmes that were included therein. 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 this opportunity to support this amendment which will add value to the Motion which had earlier been Moved by Sen. (Dr.) Zani. Indeed, since originally the Council of Governors was the one in charge of the counties, there was no way the governors would be the ones evaluating themselves. It now makes sense that we can, as the Senate, get the annual 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.

Thank you, Madam Temporary Speaker. I would like to thank Sen. G.G. Kariuki for bringing this amendment. As I was contributing, I had my reservation on allowing the Council of Governors to do all these things alone. I was not sure whether this body would be able to ensure that all counties formulate, map and operationalize measureable indicators to show the development agenda of each county. As it is now, we are asking the county governors to ensure that each county has a plan for that county and to ensure that services are delivered to the people. I would also like to thank Sen. G.G. Kariuki for mentioning that he will be bringing amendments to the County Government Act, 2012. These are things that we really need to entrench into law. These are things that we can talk about authoritatively. This Motion should be preparing our governors psychologically because there is something more to come in terms of an Act. The Act being looked at with all the challenges that we are foreseeing now is because we want to ensure that we put a good 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, Sir, I also stand to support the amendment of the Motion. When we were reading the original Motion, we realized that we were telling the same person to do the plan and to also put in place measures to ensure that it can be done. But now with the amendments, I believe the Senate now has the right to follow up and ensure that each county gives a report. This will also help the Controller of Budget ensure that as she looks at the financial bit, she is also able to ensure that whatever they have proposed goes in line with the plans they had done. It will also assist 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 call upon the Mover to reply.

Thank you, Madam Temporary Speaker. I refer to Standing Order No.51(3) and request that we defer the putting of the question to a date that you will guide us on, probably, on Wednesday afternoon because we do not have the numbers to vote on the amendment and the main Motion.

Sen. (Dr.) Zani, that is in order. It is my opinion that you mean tomorrow. I think next week will be appropriate because tomorrow we will still not have a quorum. Many of our colleagues have travelled. So, we will have the question put on next week Wednesday afternoon at 3.00 pm. Next Order!

Madam Temporary Speaker, I think we should defer this Motion to tomorrow.

Senator, I think you can proceed. Owing to the constraint of time, you may not have it seconded, but we will proceed tomorrow from where you will have stopped. 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, since I came back today, I request that you allow me to prepare myself and move the Motion tomorrow if that is okay.

So you want to prepare your talking points? That is okay. Prepare you notes. We want you to make a good presentation.

Hon. Senators, there being no further business, the Senate stands adjourned until tomorrow, Wednesday 18th September, 2013 at 9.00 a.m. The Senate rose at 6.05 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.