Hon. Senators, we have a quorum. Let us proceed with today’s business.

Mr. Temporary Speaker, Sir, I beg to lay the following Papers on the Table of the House, today, Thursday, 19th September, 2013:- Report of the Finance Committee on the Investigations on Irregular Alteration to the Budget Estimates for Turkana County for the Fiscal Year 2013/2014. Report of the Finance Committee on the Cash Disbursement Schedule for County Governments for the Fiscal Year 2013/2014.

Mr. Temporary Speaker, Sir, I beg to give notice of the following Motions:- ADOPTION OF REPORT ON COUNTY GOVERNMENT CASH DISBURSEMENT SCHEDULE FOR FINANCIAL YEAR 2013/2014 THAT, pursuant to the provisions of sections 17(7) of the Public Finance Management Act, the Senate adopts the Report of the Standing 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. Temporary Speaker, Sir.

Order, Sen. G.G. Kariuki. I will give you a chance last for reasons best known to the Chair. Let us start with Sen. Haji.

Mr. Temporary Speaker, Sir, I agreed with Sen. (Prof.) Lesan that I would issue a Statement for a request he made before we proceeded for the recess. Unfortunately, he is not here. Although I have given him a copy of the Statement, I do not know whether I should proceed.

Just proceed. ABDUCTION OF CONSTABLES JOSEPH MARITIM AND JOSEPH WAMBUGU BY SOMALI MILITIA

Mr. Temporary Speaker, Sir. Sen. (Prof.) Lesan requested for a Ministerial Statement from the Minister for Interior and Co-ordination of National Government regarding the abduction of administration police constables Joseph Maritim and Joseph Wambugu from Damajale area in Garissa on 25th May, 2013 by suspected AlShabaab militia. The hon. Senator wanted to know:- 1. Why the respective family members are not being informed or updated on the whereabouts of their relatives. 2. Why the family members are not receiving the salaries of the abducted officers and yet they are suffering. 3. What the Ministry is doing to try and secure the officers and ensure their safety. Mr. Temporary Speaker, Sir, I wish to state as follows:- On 25th May, 2013 at about 5.45 p.m., a group of heavily armed militias, numbering about 50, who are believed to be Al Shabaab from Somalia, simultaneously attacked Damajale and Abdi Sugow Administration Police Posts in Liboi of Dadaab Sub- County. A fierce gun fire ensued where two police officers and three civilians were killed 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 know we have just come from a long recess and hon. Senators had missed each other. But do not get the excitement too high, please. The consultations should be in low tones. Proceed, Sen. Haji.

Mr. Temporary Speaker, Sir, a contingent of officers from the Rural Border Patrol Unit, Regular Police, General Service Unit (GSU) and the Kenya Defence Forces (KDF) were subsequently dispatched to pursue the militia where the footprints were traced up to the border between Kenya and Somalia and, therefore, KDF took over the search. Mr. Temporary Speaker, Sir, following the incident, the respective family members were informed of the development through the respective District Administration Police Commanders (DAPS). Thereafter, on 15th June, 2013, the respective next of kin were informed in writing of the incident and assured that the Government is employing all necessary efforts to make sure that officers are brought back safely. Mr. Temporary Speaker, Sir, on 29th June, 2013 and 21st June, 2013, senior police officers from the AP Headquarters visited the Nyeri and Bomet homes of the respective two officers. It has been agreed that the immediate dependants should be paid Kshs7,000 monthly out of the salaries of the abducted officers. This was communicated to the Co- operative Bank through a letter dated 30th August, 2013; a copy of which is hereby enclosed. In addition, the two families have been regularly brought up to date on the matter by the AP Department. Mr. Temporary Speaker, Sir, lastly, I want to take this opportunity to assure Kenyans and in particular the affected family members that the Government is committed to ensure that the officers are released from Somalia. Thank you, Mr. Temporary Speaker, Sir. DEMOLITION OF BUILDINGS AND OTHER STRUCTURES ALONG THE SOUTHERN BYPASS

Mr. Temporary Speaker, Sir, I would like to give a Ministerial Statement from the Committee on Energy, Roads and Transportation on questions asked by Sen. Mike Sonko Mbuvi as follows:- (1) Whether the Committee is aware of the directive issued by the Joint Parliamentary Committee of Administration of Justice and National Security, Lands and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Moi, do you have another Statement to issue?

Yes, Mr. Temporary Speaker, Sir.

Go ahead.

Thank you, Mr. Temporary Speaker, Sir. The Statement was requested by Sen. Daniel---

Sorry, Sen. Moi. Is the Statement related to the one you have just given or it is a different one?

Mr. Temporary Speaker, Sir, it is a different one.

Hon. Senators, if there are any follow up comments to be made on the first Statement, I will ask Sen. Moi to take his seat so that we hear such comments. Sen. (Dr.) Kuti.

Mr. Temporary Speaker, Sir, I know some of the people affected by these demolitions. I am fully aware that some of them had genuinely issued titles given by the Government of Kenya. My worry is, how was it that a Kenyan citizen, who may have worked very hard and put all his savings and retirement benefits towards building a home or a structure, could have been allocated Government land? The Government later came back and demolished the structures. It is important to know how these titles were issued, in the first place, when they knew that this land was a road reserve. This issue is very critical.

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

What is your point of order?

Mr. Temporary Speaker, Sir, the matter of demolitions of houses in Nairobi is of great concern. However, the one who sought the Statement is not in the House. It is appropriate if this matter is adjourned to a time when he is in the House.

Mr. Temporary Speaker, Sir, could you allow me to seek further clarifications?

Yes.

Mr. Temporary Speaker, Sir, I want to seek further clarification from the distinguished Senator----

Sorry, we need to dispose of the point of order by Sen. Billow then you will have the Floor.

Mr. Temporary Speaker, Sir, but once the Statement is requested, it is the property of the House. The House can deal with it whether the requester is there or not.

But you are not the Speaker.

Order, Sen. Wetangula! Whereas your point is correct, you can only guide the Chair if he requests you to do so. It is true that hon. Senators should be available if they 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, while we appreciate what the distinguished Senator for Baringo County has said, and while we also appreciate that we must continue expanding our infrastructure and that persons culpable in terms of constructions on reserves and future development land have to bear the consequences, one will invariably find that each and every of these constructions in Nairobi are approved by some authority. While the demolitions may be justified that they are on a road reserve---

Mr. Temporary Speaker, Sir, the distinguished Senator for Baringo County is not even listening. While the Senator is right, there is some authority everywhere that approves these constructions. Even those people who construct kiosks with cardboards and iron sheets normally get approvals from some authority. When these demolitions are done properly and in line with the law, some culpability must fall on some table somewhere. It should be incumbent upon the Government to surcharge the officers, departments or whichever authority that dupes members of the public by giving them authority which ought not to be given in the first place and thereby leading them down the garden path for them to borrow loans, take their savings and even sell properties to develop other properties and then eventually these properties are demolished. We want to know from the distinguished Senator whether the Government can undertake to go to the root cause of those who authorize, however lawfully, these constructions.

Let us have the second last request from Sen. Hassan Omar.

Mr. Temporary Speaker, Sir, I would like to thank the Senator for Baringo County, who is the Chair of that Committee for his answer. I remember during the time that I was at the Kenya National Commission on Human Rights (KNCHR), we had done extensive work on demolitions and evictions. We had adopted the best practices in terms of the UN Guidelines on Evictions. That was prepared as a paper which was partly included in our land policy on the best practices in terms of the UN Guidelines on Evictions that now serve as a guide to how evictions must be carried out. Evictions must be carried out during the day, the weather must be allowing, there must be adequate notice and there must be sufficient compensation. Those are the guidelines that have been set by our Ministry. I am informed that those were enacted into law. I want to know how much of that process was followed or adhered to by the Ministry and, in addition, whether compensation will suffice for those who have been illegally evicted from their abodes.

Last on this, Sen. Mugo. 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 also appreciate the answer given by the hon. Senator for Baringo County concerning the demolitions in Nairobi and other townships. This has been a problem that has been there for a long time. Some of the people who are targeted have used their last penny. This does not only affect the big buildings, but also the kiosks and areas where they make their livelihoods. I would like to ask the Senator whether there is no better way of developing the city, roads and other amenities we want---

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

What is it, Sen. Omar Hassan?

Mr. Temporary Speaker, Sir, is it in order for Sen. Khaniri to use an entrance other than the one designated by the Senate? Did you not see him walk from this side?

Order, Sen. Khaniri!

Mr. Temporary Speaker, Sir, Sen. Omar is my friend---

Sen. Omar, you are aware that, that is a consultation room. Whereas we are not sure who Sen. Khaniri was consulting with, the rules do not bar any Senator from having consultations with himself or his maker in that room. So, there is no reason why Sen. Khaniri should justify his actions of coming through that door. Go on, Sen. Mugo.

Mr. Temporary Speaker, Sir, I would like to request the Senator answering the Statement whether the Government can consider and, particularly the Nairobi administration, a better way of handling these issues other than demolishing these places in the middle of the night. In those demolitions, sometimes there are families involved. As a result, this causes disturbances. We know that sometimes children have even died during these kinds of demolitions. In this era, this should not happen. This means somebody somewhere is not doing their job to make sure these buildings never came up in the first place. The person who allowed such a building to be put up should be taken to task and take responsibility for the loss which these people incurred. There has been cry in Nairobi on this issue. I thank Sen. Sonko for asking this question.

Sen. Moi, you can now respond.

Mr. Temporary Speaker, Sir, I have listened to what my colleagues have said. I empathize and sympathize with this situation. My heart goes out to those whose houses have been demolished and have lost their life savings in order to try to better their lives by putting up these structures. But I have to be honest that the Government cannot compensate for any illegal structures. The only avenue at this stage, which is open to them, is to seek legal regress. Mr. Temporary Speaker, Sir, on the issue of modalities of modus operandi of evictions, they have assured us that those brutal methods used before during evictions will no longer be used. 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 stand to respond to a request for a Ministerial Statement by Sen. Daniel Dickson Karaba of Kirinyaga County. The Senator rose on the Floor of the House and requested for a statement regarding the construction of Sagana-Kutus-Kiruguya-Karatina, Road C74. The first question is who the contractor was. The contractor is Ms Ross and Company Kenya Limited of P.O Box 1952-10100 Nyeri, Kenya. The second question was when the construction is supposed to commence and to be completed. The answer is that the project commenced on 23rd March, 2012. The time for completion was 24 months and is, therefore, supposed to be completed by 23rd March, 2014. The last question is the amount of money that has been paid by the Government to the contractor to date. The contractor has been paid a total sum of Kshs144,926,880.24 only for works certified.

Mr. Temporary Speaker, Sir, I thank Sen. Gideon Moi for the brief answer to my question. The purpose of knowing the contractor of this road is because we have very many cowboy contractors on our roads. We were not informed who the contractor was. The contractor is never on site. There is no campsite. Therefore, there is nobody who can be consulted in case of any problem arising along that road. I come from there and I drive almost daily on that road. The road has caused very many deaths to Kirinyaga residents. We are wondering whether there is anyone who is seriously involved in the construction. I am, therefore, asking the Chairman of the Committee whether he is really aware that the road construction has not commenced. Even if construction has commenced, the road is now in a worse state than it was when they started. The potholes have become bigger. There is nothing happening on the tarmack and all the contractor is doing is to pile heaps of sand. In the evening, some other people come around to collect the sand and take it elsewhere. This is a very pathetic situation and I request the Chairman to take this matter seriously. This is not the only road that is under poor construction in Kenya. We have Kutus-Kirinyaga Road which is not even covered here. The pathetic situation of roads in Kirinyaga needs to be addressed by the entire Committee. I am, therefore, requesting Sen. Moi to be more serious on this issue. He should tell us the action he will take against this contractor who never begins or completes the construction. The construction of the road has stagnated. It has not gone even halfway. Money has been paid and yet there is nothing that has been done with regard to tarmacking of the road. All that is happening is to make excess culverts which are substandard and do not address the problems that we are facing.

Mr. Temporary Speaker, Sir, indeed, I was about to raise the same issue because of similar roads that are in Nyeri. On further investigation of this problem, I found out that there is more to it than meets the eye. The truth of the matter is that a contractor cannot continue constructing a road unless they are being paid. We can 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, the issue of roads is not only unique to Sen. Karaba. This is a problem that affects us and our cars, especially when we are driving on rough roads. I would like to support the Senator from Nyeri that we should find out whether these contractors are still being paid or not. About two years ago, the third President of Kenya, retired President Kibaki told the people of North Rift that the road would be ready within six months. However, we have not seen anything up to now. I think you will bear me witness, Mr. Temporary Speaker - because you also use that road - that nothing has happened. We have been seeing one caterpillar machine on site which has been there for very long. I do not know how these things are done and whether such kinds of instructions are taken seriously. Therefore, the Chairman concerned, the Senator from my home in Baringo, Sen. Moi, should investigate and tell us the truth about what is happening because our roads are causing us a lot of pain.

Mr. Temporary Speaker, Sir, my brother, Sen. Karaba, has talked about cowboy contractors. He is very lucky that he has some in his county. There are some counties who do not even have any of those cowboy contractors. I have talked with my colleague, Sen. Karaba and I promised him that we, as a Committee, together with the Ministry officials, will visit his county to specifically assess the construction of this road. Secondly, as Sen. Kagwe of Nyeri has said, there is a problem which we, as Senators, are all aware of.

On a point of order, Mr. Temporary Speaker, Sir. You have heard Sen. Moi say that some counties are fortunate to have cowboy contractors because others have none. Honestly, this is where we expect serious business to be deliberated on and to get concrete answers for questions or statements that are sought. Is Sen. Moi in order to say that some counties have cowboy contractors? We are here to do serious business in this House.

Mr. Temporary Speaker, Sir, you will notice, through the HANSARD, that I am not the one who triggered that first. So, I think he will be best placed to ask his colleague, Sen. Karaba. However, what I meant by cowboy contractors is exactly what Sen. Karaba meant. This issue is complicated, as we all know.

I have to make a ruling as to whether you were in order to refer to “cowboy” contractors. However, before I do that, Sen. Karaba, I would like to jog your brains on that issue. You were the originator of the terminology “cowboy” contractors.

Mr. Temporary Speaker, Sir, this is not a new terminology. It was coined long before the Ninth Parliament. When I was there, we used to use it. During the Tenth Parliament, it was also used to describe the shoddy work that was being done 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, protect me. That is my stand.

What Sen. Moi meant by saying that some counties are lucky to have county contractors is something that he does not need to substantiate. It is correct that some counties would even wish to have someone moving some soil from one place to another. The point we should be discussing as a way forward is whether we should be having cowboy contractors in our country at all. I think there is nothing for him to substantiate.

Mr. Temporary Speaker, Sir, Sen. Kagwe raised a very serious issue. He wanted to know whether contractors have been paid and why they are not moving. That is correct. There are challenges that are being faced. We, as Senators, are all aware of what happened when money was sent to counties. We have reached a point where out of the Kshs210 billion, a big chunk of Kshs10 billion has already been disbursed as unconditional grants. Part of that money was to be used to pay Kenya Urban Roads Authority (KURA) and Kenya Rural Roads Authority (KeRRA) for contracts that the Government had already committed itself to. This is an issue we are all grappling with as a Committee. We have called the Commission for Revenue Allocation (CRA), Treasury and the Ministry of Roads to appear before our Committee on Thursday, 26th to deal with the issue. We need to unbundle and to pay the necessary contractors so that they can go ahead and deal with these roads which are a lifeline to our people. CRITERIA FOR DETERMINING MARGINALISED COUNTIES TO BENEFIT FROM EQUALISATION FUND

Mr. Temporary Speaker, Sir, on behalf of the Chairman of the Sessional Committee on Devolved Government, I want to give one Statement that was sought by the distinguished Senator for Kitui, Sen. Musila. Mr. Temporary Speaker, Sir, as I had indicated yesterday, we were waiting for more information from the Commission on Revenue Allocation (CRA), that we have received. The Senator wanted to know the criteria for determining marginalized counties to benefit from the Equalisation Fund. As you are aware, Article 204 of the Constitution of Kenya established an Equalisation Fund into which shall be paid 0.5 per cent of all revenue collected by the national Government. The purpose of this fund is to bring basic services such as water, road, health facilities and electricity, in the marginalized areas, to 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.

Let us dispose of the first Statement. Sen. Musila! 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 want to thank the gracious Senator for the Statement that she has made in relation to the Equalisation Fund. Mr. Temporary Speaker, Sir, there are many marginalized areas in this Republic. In accordance with the Constitution, the CRA did a good job, but in accordance with the booklet that the hon. Senator has laid on the Table, there are 21 counties or areas that were identified in that booklet as marginalized. Thereafter, the Commission went down and eliminated some. They were 21 and they eliminated seven. Among those eliminated were Kitui County, Baringo County and others. Can we get an undertaking that those counties that had been identified as marginalized and were left out, are going to be included during the next financial year? If we got this assurance, since it is already past, I think that we will be satisfied. But we cannot allow this marginalization, which has gone on for decades to continue, because this fund is supposed to run for another 20 years. May I get this assurance?

Mr. Temporary Speaker, Sir, many of us, including those from Mombasa, despite the fact that it is Kenya’s second capital and, probably, the second biggest contributor to the country’s economy, have been brought up knowing that we have been marginalized. I did expect that Mombasa would qualify for that. Mr. Temporary Speaker, Sir, but that notwithstanding, if we follow Article 204(4) of the Constitution, I think it is partly the work of this Senate to debate on the appropriation of the Equalisation Fund. My view to the Committee on Devolved Government would be that maybe we need to subject this formula to review, on the basis that we can expand the criteria for you to become a beneficiary to this fund, so that it can accommodate some of the concerns that the Senator for Kitui has raised. This will ensure that we bring in a broader basket of persons. This is because if you look at the noble extent envisaged for the usage of the Equalisation Fund, it is said that money shall only be used to provide basic services, including water, roads, health facilities and electricity to marginalized areas. These are essential core services to spur development. Mr. Temporary Speaker, Sir, could the Vice-Chair of the Committee on Devolved Government assure us that, that Committee, to which I am a Member, will commence a process immediately, to expand the criteria used in the appropriation of the Equalisation Fund?

Order, Sen. Omar! You have confessed that you are a Member of that Committee. I do not think that there is anything in the Standing Orders that blocks you from going to initiate that process in the Committee itself. But be that as it may, the Vice-Chair will be able to also respond to that.

Mr. Temporary Speaker, Sir, you have heard what Sen. Musila said. It is very clear that when they did the research, they came up with 21 counties which were marginalized, amongst them being Baringo and Kitui. In fact, to be honest with you, No.15 was Kitui and No.16 was Baringo, but they did the cut-off at No.14. Mr. Temporary Speaker, Sir, you come from the North Rift and know that West Pokot has been counted as marginalized, and we agree. They need all the assistance. We, as Baringo County, border West Pokot County. Families of the same clan are five feet on one side of the boundary and five feet on the other side. It is so difficult to explain to 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. Temporary Speaker, Sir. Is it in order for the distinguished Senator for Baringo to tell this country that his county is marginalized when we know that “Baringo County” was in power in this county for 24 years? Baringo County has many tarmac roads and piped water. Is it in order for him to tell Kenyans that it is the same as West Pokot County or Mandera County?

On a point of order, Mr. Temporary Speaker, Sir. Is the Senator who was on a point of order in order to insinuate that Baringo is Moi, the former President, and the former President is Baringo? There is no relationship between the development of Baringo County and who has been President. For example, why would Mandera County be so marginalized, as it were, and yet, the Senator, a famous man in Kenya, comes from the same County?

Order! Order, Senators!

On a point of order, Mr. Speaker, Sir. I think that this is not a laughing matter. I really confirm that both Baringo and Kitui counties are marginalized areas. The fact that the former President Moi came from Baringo County is not enough to say that he should have taken all the money from this country to Baringo County. We know that people are being accused in Central Province and other places, because of such behaviour. Former President Moi was a forthright person and never misused the resources of this country to bring up Baringo County over other areas. Similarly, Kitui runs from Mwingi up to Ukasi, which is only 40 kilometres from Garissa County. You will be amazed to know that people are using donkeys all the way, looking for water all over. Similarly, Mombasa, although it contributes a lot of money through taxation, is given peanuts when it comes to the Constituencies Development Fund (CDF) and other things, in spite of the fact that they have over two million people to service. Therefore, I think that the truth must be said. Baringo and Kitui counties are marginalized and should be considered next time.

Hon. Senators, we have to bring that issue to a close, as far as the point of order is concerned. Sen. Gideon Moi, as far as I heard, you quoted a report of the CRA that says that Baringo County is ranked No.16 among the marginalized counties. So, whether or not there was a President called Moi from Baringo County, it is a well researched fact that it is part of the counties that are marginalized. Secondly and most important, as Sen. Kagwe has put it, Baringo County was not and has never been in power. There is only someone who was born in Baringo County, who was a President of Kenya. Proceed, Sen. Moi! 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. Temporary Speaker, Sir, and my colleagues who have spoken the truth. Asanteni sana . Mr. Temporary Speaker, Sir, I just wanted a surety from the Vice-Chair that in the next financial year, Baringo and Kitui counties will be included in the Equalisation Fund. That is all.

Thank you very much, Mr. Temporary Speaker, Sir. I think it is important that we are careful in the way we use the word and the terminology “marginalization”. To me, it appears like the word will never cease to be used because it is always used when you want to describe the position that you are in geographically, historically or otherwise. Of late, you realize that we have had many discoveries of minerals. Turkana has the largest reserve of water, if not oil. In Taveta and Kwale counties, we have discoveries of minerals. I think the term “marginalization” should now be equated to the initiative of the residents living in that area so that they can make sure that the opportunity cost which is labour and land is properly utilized. Otherwise, we will be dragged into confusion when people want to assert themselves as being left behind through marginalization.

Thank you, Mr. Temporary Speaker, Sir. The objective in the Constitution of the Equalisation Fund is to bring up those counties that have been marginalized before in the successive regimes to the level of the others within 20 years.

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

Do you want to be informed?

No, Mr. Temporary Speaker, Sir; certainly not by my dear friend. That was the objective, but given that the percentage in the Constitution is fixed at 0.5 per cent which is only 3.4 billion this year. For instance, that amount over the 14 counties amounted to an average of Kshs200 million. Clearly the rationale here by CRA of limiting the number of marginalized counties is so that the amount that can be given should have a meaning. If you are going to distribute it to over 20 or 30 counties, you will have a situation where the figure will be Kshs10 million to Kshs20 million. It is not going to achieve the objective in the Constitution of bringing up all those counties in terms of infrastructure to that level. I think the solution to this matter is in the amendment to the Constitution so that that figure should not be less than 5 per cent. That is the only way you can give something meaningful to the counties so that they can come up. But otherwise, spreading Kshs3 billion to over 21 counties will mean each getting about Kshs100 million which is not going to address the problem. For example, Kitui has coal, Baringo has geothermal, Mandera is looking for oil, et cetera . Let us try to raise the figure to 5 per cent so that infrastructural issues which is the objective---

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

Mr. Temporary Speaker, Sir, I am on a point of order. With due respect, I am glad to say that I was the architect of the Marginalization Fund in the Public Finance chapter at Bomas as the Chairman of the Technical Committee. My objective and the objective of that Committee then was to bring up those counties in terms of infrastructure. Really trying to give Kshs200 million or Kshs100 million is not going to 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. Temporary Speaker, Sir. We have listened to the lecture from the distinguished Senator for Mandera. As I speak, is he in order to try to say that other counties should not get this money simply because his county is a beneficiary of the Fund?

Mr. Temporary Speaker, Sir, I responded to this matter. I explained that matter in my position as the Chairman of the standing Committee on Finance, Commerce and Economic Affairs and with the knowledge of the objective behind that Equalisation Fund. The Kshs200 million that Mandera County got this financial year will definitely not build and tarmac those roads and do all those things that are there in the Constitution. So, it is not really going to be a benefit in the sense in which it was originally envisaged.

On the point of order raised by Sen. Musila, if I heard him very clearly, I think what Sen. Billow was trying to say is that the more you spread the amount it becomes too thin to achieve any objective. So, logically, his argument is that we increase the allocation. On the other hand, if we heard the Chairman of the Committee initially, he said that it is being staggered so that after every two years, it is going to be reviewed and I hope that review will capture the counties that have been left behind. So, I think you have some point of convergence.

Mr. Temporary Speaker, Sir, I see that this Equalisation Fund issue is raising a lot of attention, but I do not know whether we have read this paragraph in the Constitution very well. I can read it for everybody. It reads:- “The National Government shall use the Equalisation Fund only to provide basic services including water”. You have to count the pipes and their inches and then you come and compare, measure the length of roads that are tarmacked in your county before you talk. You count also the number of health facilities that somebody can walk in and get treated and go home. Count the number of electricity poles, schools and homes that are lit at night using electricity. These are funds meant for marginalized areas to bring the quality of services in those areas to the level generally enjoyed by the rest of the nation as far as possible. Mr. Temporary Speaker, Sir, my senior colleague of the big county of Kitui should wait for three years so that we can sort out things. Sen. Moi should also wait for three years. When I looked at the Kshs230 million they have given to my county it cannot do anything substantial in my county. I do not know whether it is true, but I am even told that it may end up going through the hands of the Members of the National Assembly to decide how that money should be utilized. We should seek to see whether what we are actually talking about is making sense. I was in charge of a university. I had 120 students from Kitui and only four students from West Pokot in that same university. So, if we begin to bring all our issues, including those people who are working in the Civil Service here and we count how many are from which county, you will find that we are automatically marginalized. So, all the money should be ours. You are even lucky that you are number 15 and 16. So, let us leave it up to next year. 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. Temporary Speaker, Sir. Sen. (Prof.) Lonyangapuo is a great friend of mine. The people I am fighting for to benefit from this Equalisation Fund are his people in my county. I am shocked to hear him say that they should not be beneficiaries to this Fund. We have agreed that in the next review we want an assurance from the Chairman of the Committee that we will also be considered. That is all we are asking for. As it is right now, we stand at number 21.

Sen. Moi that was not a point of order. The only issue I want to correct is that, I thought the people of Baringo County are your people and the people for West Pokot County are for Sen. (Prof.) Lonyangapuo and all of them are our people.

Mr. Temporary Speaker, Sir, I would like to seek clarification on how these funds will be availed to the counties. This money comes from the National Government but of late we have seen a tendency of the National Government trying to use the National Assembly to do many things. We know there are two centres of Government. We also know that one arm centre can delegate the other one to do its core functions if it feels that that is the way it can be done properly. There is the tendency of the National Assembly Members coming in and doing things in the name of the National Government. I would like to seek clarification from the Chairman of the Committee on Devolved Government and also urge the Committee to assure us that the money will be given to the county government in order to avoid that confusion on the ground.

On a point of order, Mr. Temporary Speaker, Sir. Are we in order as the Senate while discussing this matter to refer to the matter as if the Constitution stipulates that the Equalisation Fund is related to counties which as a matter of fact, it is related to areas and not counties? In other words, even in Kieni Constituency of Nyeri, that is a very disadvantaged and marginalized area. Are we in order to be discussing about counties when some areas in certain counties and Sen. Hassan Omar has just talked about Mombasa which has some of the best beaches and beach hotels as a marginalized area? Some parts of Mombasa are marginalized and, therefore, what we are talking about are areas and not counties.

I think the Chairman of the Committee on Devolved Government can clarify that issue.

Mr. Temporary Speaker, Sir, I know many people have ventilated on this issue, but on the very first question by Sen. Musila on getting an assurance that next year we will have Kitui County included, which is also tied with the question by Sen. Moi, I want to say that it is not really in our power to give that assurance as a Committee. In my earlier communication, I said that the CRA will be able to sit down and review this formula. It does not mean that the counties that were cut off will be included; they could still not be considered depending on the prevailing circumstances. The 21 counties were in a former publication of the CRA that was in our domain, but the one I have laid on the table today does not have the 21 counties. It has 14 counties. I also want to assure this House – even the President reiterated it – devolution is a new thing in this country. That is why even as Senate we are still waiting for certain 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. Temporary Speaker, Sir. Just to build on the marginalization issue now that we are very clear that marginalization is about areas, groups and communities. There is also a new group that we are trying to marginalize at this moment and it is being created by the CRA. This is the group of the county assemblies. We are aware that most of the county assemblies today are adjourning indefinitely. Therefore, it is a national issue that is important and very urgent. Is it an agenda to marginalize the already marginalized communities through the county assemblies that are being locked out at the moment? So, we are increasing the number of marginalized people, including the county assemblies.

Order! Sen. Kipchumba, you very well know that what you are raising is not related at all to the Equalisation Fund. But as you have just mentioned, that is a very important issue; an issue of national concern which is key to development and shepherding of the county governments. I would suggest that such an issue would require better ventilation by this House, and you know the rules. Any Member in this House can come up with a substantive Motion. Why not you, Sen. Kipchumba, so that we can debate it on Tuesday? This House can pronounce itself on this matter. I know the Speaker is not meant to guide anyone, but you can borrow those ideas from the Speaker. It is possible that such an issue be ventilated effectively with clear mechanisms on how to handle the matter going forward. So, I think such advice suffices.

I am much obliged. Thank you, Mr. Temporary Speaker.

n a point of order Mr. Temporary Speaker, Sir. I want to seek clarification.

Order, hon. Senators! There are more Statements--- 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 just want to get clarification from you. As you know, what has happened today around the Republic is that the Members of County Assemblies (MCAs) have downed their tools. We, as the Senate, who are the custodians of the county governments, we are extremely perturbed at what has happened. Am I getting it right so that we can make our plans accordingly; that, on Tuesday next week, we will be discussing this matter as a matter of urgency, if it is so moved? Thank you, Mr. Temporary Speaker, Sir.

I think I have already indicated that the Speaker was aware of the situation where one Member wanted to bring an Adjournment Motion. However, he advised that we have done an Adjournment Motion before on a similar situation and we were never able to extract any actionable points on the same issue. So, as you know, if we want to have clear actionable directives from the Motion, it has to be a substantive Motion. As such, if an hon. Member moves a Motion – and most of you seated here today sit in the Rules and Business Committee (RBC) – if so directed by the RBC, then why not? We can have a Member move that Motion, based on our rules of procedure. Given that our responsibility is to protect the counties, that issue can be ventilated on Tuesday. Sen. Wangari, the second Statement. MANAGEMENT OF UWEZO FUND

Thank you, Mr. Temporary Speaker, Sir. I actually want to give a status report on a Statement that was requested by Sen. Daisy Kanainza regarding the

Fund. I also want to seek the indulgence of the House to give us more time because we have already made a communication to the Ministry of Devolution and Planning. However, they are asking for more time to supply us with the required information.

Sen. Kanainza, do you want to say something about the same? Up to when, Sen. Wangari?

Two weeks, Mr. Temporary Speaker, Sir.

Now that Sen. Kanainza is not here, I think she is agreeable to the two weeks. So, it is so granted. Sen. Beatrice Elachi? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir. Hon. Senators, pursuant to the provisions of Standing Order No. 43(2), this is to present the Senate Business for the coming week. On Tuesday, 24th September, 2013, the Rules and Business Committee will meet at 12.00 noon to schedule the Business of the Senate for the week commencing Tuesday, 24th September, 2013. The Senate will continue with the Business in today’s Order Paper that will not be concluded. On Wednesday, 25th September, 2013, in the morning sitting, the Senate will continue with the Business not concluded on Tuesday, 24th September, 2013. The Senate will also commence debate on a Motion by Sen. (Prof.) John Lonyangapuo on creation of a fund to provide for a structured compensation system for services offered by elders at the local level. In the afternoon, the Senate will continue with the Business not concluded on Tuesday and Wednesday morning, including Motions by the following Senators previously deferred; Sen. Catherine Mukite on rising cases of patient mistreatment, negligence and professional malpractice by medical personnel in public and private health institutions in Kenya; Sen. (Dr.) Agnes Zani on formulation and operationalisation of development agenda for county governments and Sen. Amos Wako on setting up of an institute to give the necessary training to personnel of county governments. The Senate will commence debate on Motions to adopt the report of the Standing Committee on Finance, Commerce and Economic Affairs on the County Government Cash Disbursement Schedule of Fiscal Year 2013/2014 and irregular alteration to the budget estimates of Turkana County for the Fiscal Year 2013/2014. The Senate will, in addition, debate a Motion by Sen. Peter Mositet on the transfer of functions of KeRRA to the county governments. Mr. Temporary Speaker, on Thursday, 26th September, 2013, the Senate will continue with the Business not concluded on Wednesday afternoon. Let me also take this opportunity to remind Senators that information on tentative Business of the Senate for the coming week is usually available on the Parliament of Kenya website every Friday. I hereby lay the Statement on the Table.

Sen. David Musila.

Thank you, Mr. Temporary Speaker. I stand here to seek a Ministerial Statement or a Statement from the Chair of the Committee that is responsible for security. I am pleased to see my friend, Sen. Haji here. Mr. Temporary Speaker, on the 13th of September, 2013, in a location called Malalani of Kitui County--- 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! Order, Sen. Musila! The Chair did not approve your Statement. The Chair does not remember any such statement being given to me in my office.

Can I respond, Mr. Temporary Speaker?

Proceed.

Mr. Temporary Speaker, Sir, yesterday, I sought permission from the substantive Speaker and he did agree. But then you know very well that yesterday, we were delayed in a meeting as Commissioners and, so, when I came, he said that I could give it today. In fact, I did approach you on the Chair and informed you of that.

You need to approach me substantially because you just walked here and said there was some statement yesterday; I am not aware of that statement. So, I am giving you a few minutes to approach me. In the meantime, let us have Sen. Karaba, Sen. (Dr.) Zani and then we will conclude with Sen. G.G. Kariuki. DELAYED REPLY TO PETITION ON PLIGHT OF MWEA RICE FARMERS

Thank you very much, Mr. Temporary Speaker, Sir, towards the end of the last session on the 31st of July, 2013, I tabled a Petition from Mwea rice farmers to this august Senate and we were not given directions as to how the Petition was to be handled. I am, therefore, requesting you to direct the Petition to the relevant Committee in the House for further discussion.

I have established that this Petition is long overdue. It was first presented on 31st of July, 2013, and I would like to commit that Petition straight away to the Committee on Agriculture, Land and Natural Resources. Where is the Chair of the Committee? What about the Vice Chair? Is there any Member of this Committee present here? Okay, Senate Majority Leader, we have committed that Petition by Sen. Karaba to the Committee to be tabled back in the House within the stipulated time under the Standing Orders. Proceed, Sen. (Dr.) Zani. ESCALATION OF SEXUAL OFFENCES AGAINST MINORS

Thank you, Mr. Temporary Speaker, Sir. I rise under Standing Order No.43(2)(c) to seek a Statement from the Chairman of the Standing Committee on National Security and Foreign Relations regarding the current escalation of sexual offences, especially defilement of young girls either by relatives – sometimes immediate relatives like fathers or others. Of late in the media, including yesterday, we heard or saw a case reported from Kaiteni in West Pokot County. But, really, the media, especially for the last two months, has been awash with these sorts of cases. This has serious implications for both the girls and for their educational outcomes. 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 of the Committee?

Mr. Temporary Speaker, we will table the Statement on Thursday, next week.

Okay, next week on Thursday; so one week it is. Next is Sen. G.G. Kariuki and then Sen. Musila.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. I wish to make a Personal Statement under Standing Order No.85. Mr. Temporary Speaker, Sir, my attention, has been drawn to a report attributed to me by a section of the media, specifically today’s issue of the Daily Nation of Thursday, 19th September, 2013, on page 16, which has misrepresented my contribution to this House made on 17th September, 2013. In this issue, I have been reported to have suggested that the Council of Governors (CoGs) should be disbanded. Mr. Temporary Speaker, Sir, nothing can be further from the truth and the HANSARD will bear me out. There was no reference whatsoever to the CoGs in my speech. I am aware that the Council is established under Section 19 of the Inter- Governmental Relations Act. Therefore, it requires the amendment of the relevant legal instruments if it was to be disbanded. I did not even remotely suggest that the council should be disbanded. What I thought was the empowerment of the Senate through legislation for increased direct involvement in the affairs of the counties to achieve objectives of devolution. That is my statement. I would like to request the media, through you, to report the proceedings of this House accurately, more so, when they are reporting the proceedings of Parliament and the other assemblies. These are very serious institutions. These media houses can cause confusion in the country if we are not careful. They need to report verbatim what we say here and also in other institutions. 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.

Sen. G. G. Kariuki has mentioned a very important issue that not only touches on county governments, himself as a person, but all of us as Parliament. That is, the National Assembly and the Senate. This also affects county assemblies. I want to say from the onset, as the Temporary Speaker here, that the Senate has been very co-operative with the media and we will continue to do so. We believe in transparency and principles of openness. We believe that the media is a strategic partner in terms of engaging the public and broadcasting matters of this House so that people can follow our contributions and also get an opportunity to correct what we do in this House. Unfortunately, as stated by the Senator, any misreporting will cost the Senate or an individual Senator in terms of relations with Governors, Members of the County Assemblies and even put this House on a collision path with its partners, that is, the County Assemblies and the county executives. For that reason, I would like to request the media to continue being vigilant and observe the provisions of Standing Orders, particularly the Schedule on broadcast rules which require that we should observe guidelines and ensure that accurate reporting is done in terms of matters taking place in this House. I believe that the media has been very fair to this House and also important partners. I do not think they were malicious when reporting Sen. G.G. Kariuki. They might have been erroneous, but not malicious. Therefore, I request our partners in the media to be more cautious and clarify positions before reporting. Individual Senators have been available for clarifications. I have seen most of them go to media houses to clarify certain legal issues and proceedings in this House. Therefore, I am sure where a journalist is not sure about a particular issue, they can always go to the individual Senator or call them and clarify certain positions. If they are not sure, they can postpone their reporting on a particular matter. We, as a House, cannot assume that journalists know everything we do in this House. There is a possibility that they would be confused. I think our Secretariat should work with the media from time to time and train journalists on matters that relate to legislation in this House. In the past, we had requested the media houses to designate certain reporters so that when we have opportunity to train them then we would easily have a close working relationship. In the meantime, as the Chair, I would request and so order that the relevant media house provides the same avenue to correct the impression that was given; that Sen. G.G. Kariuki is averse to the existence of the Council of Governors because it is not good for the relationship of this House and its partners in the county governments. It is so ordered. Finally, Sen. Musila. INSECURITY AT MALALANI IN KITUI COUNTY

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity. For the record, I would also like to state that you agreed that I followed the right procedure in seeking this statement. I am seeking this Statement from the Chair of the Committee responsible for security. On 13th September, 2013 at Malalani in Kitui County, three people, namely 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 of the Committee on National Security and Foreign Relations.

Mr. Temporary Speaker, Sir, we will try to answer it on Thursday, next week.

Yes, Thursday, next week. Next Order!

Order, Senators! The Motion in Order No.8 has been deferred after consultations with the Speaker to enable the concerned parties to consult further. This request was made by the Senate Minority Leader and Minority Whip to enable them to do further consultations. Therefore, for now the Motion is dropped.

Mr. Temporary Speaker, Sir, I beg to Move:- THAT, aware that Article 92(f) of the Constitution mandates Parliament to enact legislation to provide for the establishment and management of a political parties fund; acknowledging that this requirement has been met through the enactment of the Political Parties Act, 2011; noting that section 23 of the Act establishes the Political Parties Fund to be administered by the Registrar of political parties; noting further 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, for the record, my names are Sen. Hassan Omar Hassan. First and foremost, I want to appreciate this Motion by the Senator for Kisumu County, Sen. (Prof.) Peter Anyang’-Nyong’o. I am here to second this Motion. First of all, I would like to emphasise that in the conceptualization of our Constitution, Kenya had for too long been bedeviled by the fact that we had weak institutions in the name of political parties. Until recently, political parties were personal vehicles; arbitrary vehicles that did not have the right capacity to discharge the functions that are required democratically for them to enhance democratic participation and rule in this country. An attempt to cripple the functions of political parties is a further attempt to cripple our democratic growth. You will realise that notwithstanding the personal feelings of any individual in the Government, constitutional obligations remain just that. I reiterate that any person charged with any responsibility must respect those responsibilities. Parties have emerged from elections and many parties are now reorganizing their political structures to ensure that they continue to be competitive and to prepare for the next round of elections that will come up in 2017. It is unfortunate that to date, most of our parties are yet to enjoy the funding that is not a preserve of the Executive, national Government, but a demand of the Constitution. This money has already been allocated. However, it falls way below the constitutional threshold that is required of political parties to be allocated. Therefore, it is not just an allocation, but an allocation with respect to the Constitution and with respect to the laws that govern allocation of resources to political parties. It is unfortunate that we will cripple accountability and cripple the role of parties that are not in Government by ensuring that we suffocate funding for these parties so that they do not roll out their programmes. Mr. Temporary Speaker, Sir, you will also realise that I am also associated to a political party and a coalition. I know that our coalition is ready to roll out programmes and ensure that it energises and reenergizes itself to meet its obligations and the objectives of the capital state power. However, that has been suffocated by mere bureaucratic bottlenecks that now need to be unlocked. This does not only apply to one coalition, but to all parties. All parties need to be managed in a manner that is stipulated in the Constitution. You will realise that once these parties are funded, there are constitutional obligations that they have to meet. The parties will have to continue living within the tenets of the Constitution as Article 91 stipulates. These Articles can only be discharged if these parties are funded adequately to create the structures and mechanisms that facilitate them to meet the requirements as stipulated in the Constitution. We need to have democratic practice in these parties. We cannot have democratic practice without sufficient capacity The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to support the Motion that has been moved in this House by the Senator for Kisumu, who happens to be also the Secretary General of the largest and most popular party, the Orange Democratic Movement (ODM). Mr. Temporary Speaker, Sir, this is a very important Motion, as it regards the management of political parties. As we are aware, political parties until recently did not have any funding. They have been relying on money that is donated by people who call themselves owners of political parties. This Fund was established in 2010, specifically to deal with the issue of briefcase party owners. It was meant to regulate and create a level playing field for all political parties. As you know, Section 23 of the Political Parties Act has created and also shown how the money from the fund is supposed to be distributed. The Political Parties Act was enacted in 2011 under the Tenth Parliament. Under Section 24, the Fund was established and created to be 0.3 per cent of targeted revenues. This was to be based on the 2013/2014 Annual Estimates. In my calculation, it meant that political parties were to receive 0.3 per cent of the targeted revenue, which was Kshs986 billion. If we calculate this, we find that averagely, the money that should have gone to the Registrar should have been Kshs58 billion. This is a lot of money that would have gone a long way in helping political parties. Mr. Temporary Speaker, Sir, to our dismay the Treasury decided to cut this money and give the Registrar of Political Parties Kshs344 million only. It is a tragedy really, that when a law has been passed, some people sitting somewhere, just decide on their own to allocate the money, without respect to what the legislators have passed. Therefore, apart from demanding that this Kshs344 million should be released immediately to political parties, we are also demanding – and I hope that the Senator for The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, Sir, I rise to also make my contribution to this Motion, which has been moved by my friend, the Senator for Kisumu, Prof. Anyang’-Nyong’o. Madam Temporary Speaker, from the outset, we all know as Kenyans that multiparty democracy is extremely central to our constitutional order. We all know also, as Kenyans, that effective vibrant political parties are a crucial stabilizer of the functioning of our democracy. So, I do not think that anybody is challenging the fact that for political parties to make their contribution in accordance with the law and Constitution, there is need for money. I do not think that anybody would dispute that. However, I have looked at this Motion and I am in agreement with most parts of it. This is because most parts of it are just reciting the legal position, as it should. For example, the Constitution says this; the Political Parties Act says this, et cetera. Madam Temporary Speaker, however, the Motion is defective because it is addressed to the wrong person. It is addressed to the Registrar of Political Parties. It is not The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker. Is the distinguished Senator, who is also the Senate Majority Leader, trying to tell this House that the money that we are seeking, as a Senate, for the political party fund is meant to bash the Jubilee Government? Is that the reason the money is not being released?

Senate Majority Leader, what do you mean because this is a constitutional requirement?

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I appreciate the point of order raised by my sister, Sen. Ong’era. But I began my contribution by saying that the things that the Mover of this Motion is citing are constitutional and legal issues. We have not debated about that, but we have also to contextualize things. That is why I said that in terms of political parties getting money, we are agreed. In terms of who is responsible, we are not agreed, because I think that it is the national Treasury. Thirdly, in terms of how that money should come, we believe that it should not be immediately, because normally money is released in quarters. If you say immediately, we do not know what that means. But having said that, I said informally – it is not even informally because that is the truth – many parties that appear to be doing well are not doing well and yet they are all waiting for money from the Political Parties Fund. I want to remind those political parties that the Fund is not supposed to solve all your financial problems. You are supposed to look for other sources of funding. So, this money from the Government is supposed to support your programmes. It is in that context that we said that we hope the Mover of the Motion who is the Secretary-General of the Orange Democratic Party (ODM), a key pillar of the Opposition, is looking at their party getting those funds so that they can fulfill their legal and constitutional obligations because, sometimes, they are known to go overboard with their obsession of the Jubilee The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker. Is the Senate Majority Leader in order to subvert the spirit of the Motion which he accepts concentrates on legal and constitutional matters and to bring his own subjective feelings about the most popular party in this nation so that he can distort the Motion and the debate?

Sen. (Prof.) Kindiki, are you trying to control the activities of another political party or you are contributing to this Motion?

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I am contributing to this Motion and I think I should be given my freedom of debate. I should not be curtailed from saying what I think. That is the purpose of parliamentary debates. All I am saying is that we are urging the political parties who will benefit from the funding, first of all, to look for money elsewhere and also to use this money for the right objectives. In the past, we have seen parties claiming money for use on other things. Madam Temporary Speaker, when Sen. (Prof.) Anyang’-Nyong’o rose here to challenge this, he even brought another controversy about the most popular party. This popularity business and the idea that my brothers have refused to accept the reality that they lost the elections free and square, and in a long time, they are likely to remain in the minority which is an honourable position; it is not to say that being in the minority is in any way a lesser position, but the earlier they accept that position, the better for this country. So, this idea of---

On a point of information, Madam Temporary Speaker.

(Sen. (Prof.) Kindiki): Yes.

Thank you, Senator for Tharaka Nithi. I want to inform the distinguished Senator that the Orange Democratic Party (ODM) happens to have the largest number of Members of Parliament as a single political party.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, this Motion is not about how many Members of Parliament each political party has. The popularity thing is a theory and it exists only in the imagination of the minority. They believe they are very popular but we have never seen that popularity. Last week I was here with my troops and I did not see that popularity. What I saw was a defence mechanism of a group which had been reminded where it belongs. I think seriously what we need in this country is the truth. People should accept where they are. That way, we will have a better country tomorrow. I just want to caution that while I have no serious objections to this Motion, I think I am tempted to introduce those two amendments on the target which should be the national Treasury and secondly, we remove the word “immediately”. Subject to that, I support this Motion and I hope one of these days Sen. (Prof.) Anyang’-Nyong’o will pay me by supporting my Motion.

Thank you Madam Temporary Speaker. I also want to thank the Senator for Kisumu, knowing very well that the issue of political parties is very critical. As much as we are taking it as a joke, today somebody went to court because of the same 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. Chris Obure.

Thank you very much, Madam Temporary Speaker, for allowing me to make very brief comments on this Motion. First of all, I want to appreciate the initiative taken by the Senator for Kisumu and, in particular, to appreciate his interest in deepening democracy, which has been demonstrated through his interest in raising this matter here. Madam Temporary Speaker, the objective of the Political Parties Fund is to provide financial support to registered political parties with a view to strengthening the parties as critical vehicles for anchoring and promoting democracy and nurturing good governance and leadership. The political parties, therefore, play a critical role and those functions of political parties must be sustained at all times. Any delay in distributing these funds to the political parties disrupts and, indeed, compromises the effectiveness of the political parties in the performance of their functions. The law provides that the amount to be distributed to the political parties be based on a formula of 0.3 per cent of annual estimates. My calculation will, therefore, indicate that the parties will be entitled to approximately Kshs3 billion out of the Consolidated Fund, based on the annual estimates of the current financial year – although I hear that only Kshs344 million has been set aside for distribution to the various political parties. Madam Temporary Speaker, the law also provides that this money should be distributed to the political parties immediately at the start of every financial year. The law does not say that the money would be paid out in tranches or in installments. Continued delay in releasing the funds to the political parties is clearly in violation of the law and cannot be justified in any way; of course, there is no way we will justify violation of the law. Madam Temporary Speaker, the same law also prevents political parties from receiving foreign donations or from relying on a few individuals – the owners or the top management of those parties. The law prevents parties from relying on funds from foreign sources or from a few individuals because it is that control and the influence 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.

Yes, Sen. Kiarie Mungai.

Thank you, Madam Temporary Speaker. I rise to support this Motion by Sen. (Prof.) Anyang’-Nyong’o. But as I support, I would like to request the Senator to ensure that some of the bodies that have been created by our Constitution, like the IEBC, are given the kind of respect they are supposed to be given. The reason I say this is because the Senator talked about the IEBC being disbanded; and that he would like it to be disbanded. I do not think that is in good taste in that a majority of Kenyans have confidence in the IEBC. We will be setting a very bad precedent if after every election, 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. Murkomen.

Thank you very much, Madam Temporary Speaker, for giving me this opportunity to contribute to this very important Motion. First of all, I want to mention very clearly here that I am a member of a political party and I am not an independent candidate. I am a member of a vibrant political party known as the United Republican Party (URP), one of the few youngest parties which grew very fast, with almost over 90 Members in both the National Assembly and the Senate, more than 400 Members of County Assemblies (MCAs) and over 10 governors, yet the party was born less than a year ago. Madam Temporary Speaker, I believe that parties are very important institutions when it comes to building our democracy. For example, the URP is the only party in Kenya that recognizes family values as very integral in terms of national development. I have a dream that the URP shall be in existence for the next 100 years. For that reason, it cannot be in existence for even one year, two years, 10 years or even 20 years if we stifle our political parties from getting resources; resources are very important. If you ask yourself, why is KANU still in existence despite the challenges they have gone through? Why does a political party like KANU – which for over ten years has not contributed a president - have representation both at the National Assembly and at the Senate, but not as it was from 1963 to 2002? The reason is because KANU has a considerable number of assets, and so for the members to leave their assets and resources, they will feel like it is a loss if someone else was to come and inherit them and move on. So, we must create an attachment between the members and the party; and the attachment will come by giving the party the necessary resources. If the Kshs3 billion anticipated in the Constitution was to be divided to various political parties, I am sure 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, thank you for allowing me to contribute to this Motion. I beg to support and say that the way political parties are designed in Kenya is like they must fete the founder. For example, when it is somebody from Lake Victoria, without naming anybody, he will make sure that all those people who come from that region belong to that party. Another one from Eastern will do the same. Therefore, we end up creating regional parties. As far as I am concerned, political parties are tools to articulate the policies of that party in trying to democratize the ideas of the members. Once the party is formed, it is important to be national and not confine itself to the borders of a region. Therefore, it should include in its membership, members from a number of counties. As much as we support this Motion, the parties should be encouraged to recruit as many people as possible so that it appears like it is national. We should fund parties that are not national so that they can recruit members. That party that is not national is what is called a tribal grouping. This can create even more problems in future. Therefore, funding political parties is important as stipulated in the Constitution but once the party has been formed, we should get to know what qualities we are looking for, for it to become a national party. Once the party is formed and funded, the funds should be used properly and not go to the pockets of a few founder members. This money should be well controlled and used in a proper manner as designed in the Budget. We should have annual budgetary allocations and audits so that money is not misused. Madam Temporary Speaker, you may find leaders of certain parties going around spreading rumours and hatred in the country. When such things happen, we should use the Fund as a tool for discipline by reducing the funding so that such things are not done. We also need to use those parties as tools of spreading nationalism. The party which does not have nationalistic ideals should be denied funds so that members do not move from one place to another spreading falsehood. When a political party is given funds, it should appoint leaders from various regions. This has happened in South Africa where the ANC is so powerful that they even appoint political leaders like Members of Parliament, Senators or Governors and Mayors. When things are done this way, I am sure that the leaders will be loyal to their parties and through such loyalty, we can also have loyalty 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.

Asante, Bi. Spika wa Muda, kwa kunipa nafasi hii. Kwanza, ningependa kumshukuru Sen. Anyang’-Nyong’o kwa kuileta Hoja hii. Ningependa kwanza kuichambua Hoja hii. Hoja hii yasema nini? Hoja hii yataka vyama vya kisiasa vipewe ufadhili. Hoja hii haisemi kwamba Chama Cha Jubilee, ODM ama chama kingine kipewe ufadhili. Kinachoonekana katika Hoja hii ambacho ni cha muhimu ni swala la ufadhili ama hela kutoka kwa Serikali. Vyama vinafaa kupewa hela. Je kuna umuhimu wa vyama kupewa hela? Umuhimu upo. Umuhimu huu ni upi? Tunaijua maana ya demokrasia. Tukitaka mambo yafanyike kulingana na Katiba, ni lazima tutumie fedha. Tutaimarisha demokrasia vipi kama vyama vyetu ni masikini hohe hahe? Hoja hii inataka tuwe na ufadhili. Hii ndiyo sababu tunasema Bwana huyu kweli ni Profesa. Mkisikia watu wengine wakiitwa maprofesa, msije mukasema ni uongo. Ni ukweli anafaa kuitwa Profesa. Hii ndiyo sababa anaitwa Sen. (Prof.) Anyang’-Nyong’o. Huu uprofesa ndio umemfanya akaona kwamba vyama vya kisiasa vina shida. Twakubaliana, bila pingamizi yoyote kwamba ni kweli, vyama vina shida. Shida kubwa iliyo katika vyama vyetu ni shida ya mishahara. Wafanyikazi ambao wameajiriwa na vyama wanahitaji mishahara. Hawali upepo. Ili kuhakikisha mishahara inapatikana, ni lazima fedha zipatikane. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for giving me this chance.

Madam Temporary Speaker, can you protect me from the noisy hon. Senators?

Hon. Senators, please, consult quietly!

Madam Temporary Speaker, I rise to support this Motion, first, because I was nominated through a political party that I am still loyal to. The party campaigned and worked hard with so many people in it, and came up with a President, Senators, Members of Parliament, Governors and County Representatives. But right now, if you go to the party, do we have a functioning office? That is a rhetorical question. Is there a county office or any functioning office that you can actually ask somebody for a document when you want it? That is not a question that you can answer with respect, because the offices are not functioning, due to lack of funds. So, if at all the parties can be given these funds, the offices will be able to function. When these offices are functioning, even the communities can gain. This is because most of the people back at home – the women, children and those who supported these parties – do not even understand what devolution is. Madam Temporary Speaker, one of my Committee Chairmen always tells us that devolution is not an event, but a process. This process involves everyone, including us, leaders in the Senate, the leaders in the National Assembly and those back in the grassroots. In my opinion, it is the responsibility of the parties to do this capacity building, to ensure that people actually understand what devolution is. People should understand the role of their leaders. This cannot happen if the parties are not funded. That is why it is our responsibility, as Senators, to push hard, so that parties are funded and our people are able to understand the role of their Senators or who they should approach in case of a problem. Madam Temporary Speaker, the other day I went to Nakuru County and was listening to a group of women who own hostels. They were complaining about young ladies leaving the hostels to go and stand along the streets to do other businesses late at The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Madam Temporary Speaker, for giving me this opportunity to contribute to this very important Motion. Madam Temporary Speaker, while I support the Motion, my conscience tears me apart when we talk about political parties. I ask myself: Do we really have political parties in Kenya? If you look at the Oxford Dictionary and go to the definition of a political party, you will find that what is popularly known as a political party here is not what is in the dictionary or any other definition remotely related to “political party” as a definition. Madam Temporary Speaker, political parties are organizations that will typically seek to influence governance of a nation or actively control government policy. When you think about it and go back to the history of Kenya’s political parties, you ask yourself at what point we heard of a debate that related to the difference in political ideology of these political parties. For example, we know that President Barrack Obama has been trying to move the medicare Bill in the United States of America and one of the issues has been: Is this ideologically an issue of the Government, as far as the Democratic Party is concerned, or individuals, as far as the Republic Party is concerned? Madam Temporary Speaker, when you come to Kenya and talk about political parties disagreeing on different things, rarely if ever, do we hear of a position that has been taken by a party from a point of ideology and say: Our ideology as a party is to do the following. For example, for a while, I served as Secretary General of the Social Democratic Party and learnt a lot of things about political parties. The Social Democratic Party has got extremely attractive philosophies and ideologies, and I believe in social democracy as an individual. 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 about your party leader?

My party leader--- There are individuals who are not addressing the Chair.

Order! Order!

Madam Temporary Speaker, I will let you know that the party leader of NARC was recognized by no less than the President of Kenya and given a powerful position in Government because of her contribution to the well being and development of the party. Indeed, that does not, however, change my position that a lot of these parties are simply cults that are almost near religious cults. In fact, were I the head of some of these political parties, I would just make it a religion and everyday people would come to my church and contribute to me. The only thing that is true of these political parties is their sycophancy and serious believers in whoever leads that political party. Therefore, even as we debate and, indeed, support this Motion, we must ask ourselves some very serious questions regarding the Political Parties Act. Should it continue the way it is? We saw, in the last elections, fly by night political parties where people just register and go around with a briefcase literally dishing out certificates for money. There are people who have registered political parties for no other reason; it is a business of gaining money. We must ask ourselves some very serious questions: What do we mean by a political party in today’s generation and today’s age and who should we actually give money to? We are also aware that the manner in which we are funding these political parties in terms of the number of votes cast for the President, the Member of County 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 information, Madam Temporary Speaker.

Do you wish to be informed?

Indeed, Madam Temporary Speaker.

Madam Temporary Speaker, I would like to inform the distinguished Senator that the Political Parties Act provides for very clear mechanism of audit and oversight in terms of monitoring how the Fund is used. This is done by none other than the Auditor-General’s Office.

Madam Temporary Speaker, indeed, I am aware that the Auditor- General looks at the document, but I am also aware that the Auditor-General looks at the document after the goats have bolted. I know it is horses, but in our country, we use goats. By that time, all you are talking about is how money was spent and how we should try and recover it. By that time, even the guy who was the Secretary-General of the party is nowhere to be seen because it was just a briefcase party. In my view, we should fund serious parties but as far as the other fly night by night parties are concerned, I do not think we should fund them. With those few remarks, I beg to support.

Madam Temporary Speaker, I want to start by saying that I am a founder Member of a political party and I am also a national Treasurer of a very serious 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. Wangari! Your time is up.

Okay. Madam Temporary Speaker, I beg to support.

There are three Senators who really want to contribute to this Motion but if we will continue with 10 minutes only one will contribute. So, with your permission, if you are in agreement, we limit them to four minutes each so that they can all speak.

Madam Temporary Speaker, I have been thinking of not contributing to this Motion but having thought twice, I think I should say something about it. We have a history of political parties in this country and that is why we landed in this area of contribution from the Government to support political parties. We have to ask ourselves, if people support your ideology and they support what you think is good for the country or people understand that ideology, they will contribute money and you can survive without government contribution, but this displayed nothing but weakness of Kenyan politics where we have to depend on the Government to keep our political parties. This is most unfortunate because we started political parties because of a certain purpose. People had the idea of achieving certain objectives. The Kenya African National Union (KANU) started because they wanted to throw out white people from this country. That situation was fully supported by all the Kenyans. Therefore, they were able to contribute money from their pockets and yet there was no money those days. We went on and on, and the issue of people contributing almost came to an end. It was now left to the individual politicians. That is where 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.

Madam Temporary Speaker, I stand here to support this Motion and also applaud my colleagues, Senators, for the very valuable contributions they have made to this Motion. This Motion calls upon the Registrar of Political Parties to immediately release funds to political parties in accordance with the Act and the Constitution. When this Act was enacted, the whole idea was to strengthen political parties. Unfortunately, those of us who run parties have gone round to defeat the principles of the Act which was to strengthen them and by extension reduce their numbers. As long as we have so many parties, we will have so many ideologies which are not real but just meant to confuse the other party, and Sen. G. G. Kariuki is very clear on what I am saying. Madam Temporary Speaker, the growth of political parties has been hampered by lack of funds, but the parties themselves have not done enough to demonstrate that they 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 now call upon the Mover to reply. Sen. (Prof.) Anyang’-Nyong’o is not in the House. However, before he left, he brought it to my attention that Prof. Lonyangapuo would be replying on his behalf and that was accepted.

Madam Temporary Speaker, as I stand, I want to thank all my colleagues who have spoken to this Motion and given all their valuable comments. They have supported this Motion so that parties can be funded as envisaged in the Constitution under the Political Parties Act. The formula that my colleagues have raised is something that we need to look at. We cannot look at the numbers of people who voted for individuals. We would rather look at the people who have been elected. We should check the number of Senators 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.

Hon. Senators, this Motion does not affect counties and, therefore, we shall proceed to put the question. The Senate Majority Leader, in his contribution, indicated that he would have wanted to move an amendment, but did not proceed to do so. Nothing was presented before me. I will, therefore, proceed to put the Question.

Hon. Senators, that brings us to the end of our business. The Senate stands adjourned until Tuesday, 24th September, 2013, at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.