Let us determine the quorum.

Mr. Deputy Speaker, Sir, we have 22 Senators in the House. We have a quorum.

Fellow Senators, we have a quorum. Let us proceed to today’s business as contained on the Order Paper.

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

Yes, Sen. Mositet.

Hon. Senators, let us have some order, please.

Mr. Deputy Speaker, Sir, my point of order concerns Standing Order No.214 on the Joint Committee on National Cohesion and Equal Opportunity. There was a Committee---

Order, Sen. Mositet. We are now on the order on Petitions, are we not?

Yes, Mr. Deputy Speaker, Sir.

I do not think you have raised your point of order at the correct order. May I suggest that, if you want to raise a point of order, which is not on petitions, papers or the other orders, that you raise it after the Order on Statements.

Thank you, Mr. Deputy Speaker.

Next Order. 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. Mositet, you had a point of order. May I propose that you make it now?

Mr. Deputy Speaker, Sir, I rise to ask that as per Standing Order No.214, we are supposed to have a Joint Committee on National Cohesion and Equal Opportunity. Since the names of the members who had been appointed to that Committee were presented to the House, that Committee has never had a sitting. I do not know what the problem has been. I wonder if the Committee should be disbanded. If that happens, some people in this country will suffer. As of now, I know some people in my county who are really suffering in their jobs because of issues of discrimination in the Ministries. I do not know which committee will look into such matters. Mr. Deputy Speaker, Sir, it is my request, if you could rule on this matter.

Thank you, Sen. Mositet. Your Committee will not be disbanded. It is an important Committee of the House. Consultations are going on between this House and the National Assembly. We gave the names of the members of the Senate that would form part of that Committee, because it is a joint committee. But we still have not got a full complement of names from the National Assembly. Consultations are going on and we hope that soon, that Committee shall be in session. I want to thank you for raising that issue. I want to request you not to be shy, to raise it again should nothing appear to happen in the near future. If in the next two or so weeks nothing happens, I request that you raise the issue again, so that the Clerk’s office can follow up the matter to its logical conclusion because those committees are meant to be working.

Hon. Senators, before we move to the next order, I wish to bring to your attention that the Speaker and the other two panelists are out of the country. So, I am alone running the show. Like I said last Thursday, it is not possible that one person can run the show continuously. Hon. Senators, what I was proposing - and I have done consultations with the Clerk’s Office – is that, again, proceeding under Article 107 of the Constitution and Standing Order No.18, we will do exactly what we did last week. But this time, I will ask that under Article 107 of the Constitution – it does not stop us from proceeding the way I want to propose – that we elect an hon. Senator, who will assist me in the running of this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Machage!

If you think so, I want to have a proposer and a seconder; then we have an election.

Mr. Deputy Speaker, Sir, I propose.

Thank you, Sen. Mositet. Is there any seconder?

(Sen. (Prof.) Kindiki): I second, Mr. Deputy Speaker, Sir.

Does Sen. (Dr.) Machage accept, so that I can propose? The question I want to propose is as follows:- THAT, in view of the current situation in the House, Sen.(Dr.) Machage be and is hereby elected to assist the Speaker in the running of this House for the balance of the week, that is, today, two sessions tomorrow and the session on Thursday.

Hon. Senators, can I go ahead and put the question?

Yes.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I rise on a point of order to seek your guidance on a minor but temporary matter. This concerns what the court declared yesterday in connection with my colleague, the Senate Minority Leader. I see Sen. (Dr.) Khalwale is actually sitting on Sen. Wetangula’s chair. We need to get some guidance on this issue. Not that I have anything against Sen. (Dr.) Khalwale, but there is need for clarity on this issue. On many occasions, the Office of the Senate Majority Leader is supposed to be dealing with that of the Senate Minority Leader. I do not know whether, automatically, the Deputy Minority Leader takes over. What happens? For purposes of proper transaction of business, we need that clarity, with all due respect to Sen. (Dr.) Khalwale. He is even welcome to sit on my chair when I am not 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.

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

Sen. (Dr.) Khalwale, please, let us hear Sen. Abdirahman. He stood on a point of order before you.

Mr. Deputy Speaker, Sir, with due respect to the Senate Majority Leader, Sen. (Prof.) Kindiki, I want to confirm, in my own understanding, that there is no vacuum as there is a substantive deputy in the House but we seek the Chair’s guidance on this issue. Sen. (Dr.) Khalwale was just holding onto the seat.

Sen. (Dr.) Khalwale, did you stand on the same point of order?

Yes, Mr. Deputy Speaker, Sir.

Proceed.

Mr. Deputy Speaker, Sir, indeed, I understand why the Senate Leader of the Majority is very excited to bring up this matter. Apparently, things have worked so well, in their favour. As you well know, the seat of the Senator for Bungoma County is not vacant as far as this House is concerned. That is a rumour in the newspapers. There is a way in which the Speaker will be served and after he is served, he will tell us that: “Hon. Wetangula is no longer a member of this House.” For your information, I have just talked to Sen. Wetangula; he is on his way, he is going to be in this House. Is the Senate Majority Leader in order to take advantage of the failed legal process in this country that declared the winners losers?

Order, Sen. (Dr.) Khalwale! You know very well that you cannot pour disrepute on the Judiciary. A decision has been made. There are legal processes to be followed. There is the Court of Appeal and the Supreme Court. I do not think it is fair for you to make the kind of remarks you are making. Have you concluded your point of order? Actually, you should withdraw the remarks you have just made. We must follow the decorum of this House. At this point, we are not discussing our colleague, Sen. Wetangula. We are discussing the legal position. I do not think it is correct for you to pour cold water on what the Judiciary is doing without having exhausted the legal process.

Mr. Deputy Speaker, Sir, indeed, you are right. But my mind is also clear that until the Office of the Speaker is served---

I know that. So, what point are you making?

Mr. Deputy Speaker, Sir, the point I am making is that the Senate Leader of the Majority is misleading the House that there is a vacancy in the Office of the Senate Leader of the Minority. Even if there was, there is a deputy who automatically would sit there. Is he in order to mislead the House?

Thank you, Sen. (Dr.) Khalwale. The Senate Leader of the Majority, are you satisfied? 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): Mr. Deputy Speaker, Sir, I did not mean to celebrate what has happened to our colleague, because it could have happened to any of us. Secondly, the reason I asked for clarification is because this is the first time this is happening to this Senate. Therefore, Sen. (Dr.) Khalwale should not impute improper motives by saying I am misleading the House because I did not give a definite position. I just asked for guidance from the Chair. I can see they are now organizing themselves.

Sen. Okong’o, what are you rising on?

A point of order, Mr. Deputy Speaker, Sir.

You need to say so.

On a point of order, Mr. Deputy Speaker, Sir. Is the Senate Majority Leader in order to say that the CORD team in this House is disorganized?

No he is not.

Hon. Senators, I know that we went through the Order Paper and we are now moving to Motions. However, there is a brief Communication that I would like to make from the Chair. As you are aware, Kenya Vision 2030 is the country’s long-term development blueprint that is being implemented through the five-year successive medium term plans. The first Medium Term Plan (MTP) 2008-2012 implemented the first five years of the Vision. The Ministry of Devolution and Planning has finalized preparation of the second Medium Term Plan (MTP) 2013-2017 to succeed the first MTP, 2008-2012. The second MTP, 2013-2017 outlines key programmes and projects to be implemented over the period towards the achievement of aspirations of Kenya Vision 2030. Hon. Senators, in this regard, the Ministry has invited all Senators to the official launch of the second MTP 2013-2017 and signing of 2013-2014 performance contracts by His Excellency the President, Uhuru Kenyatta, C.G.H. President and Commander in Chief of the Defence Forces of the Republic of Kenya. The event will be held at the Kenyatta International Conference Centre (KICC) Amphitheatre, Nairobi on Thursday, 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, I have another brief Communication from the Chair.

Order, Sen. (Prof.) Anyang’-Nyong’o! Please, take your seat.

Hon. Senators, before we continue with business this afternoon, I wish to acknowledge the presence and introduce to you, a delegation of the Members of the County Assembly from the County Assembly of Taita Taveta, who are seated at the gallery. The delegation is led by the Taita Taveta County Assembly Speaker, Hon. Meshack Maghanga. As I proceed to introduce the rest of the delegation, I request that if an hon. Member’s name is called out, he or she should stand up and be acknowledged in the normal tradition of Parliament. Arising from the inadequacy of space in our gallery, in this temporary Senate Chamber, the delegation had to be divided into two groups. As I call the first group, please, stand up so that you may be acknowledged. Hon. Ann Nangasu Ngaluma Hon. Elisha Mwaisaka Wawaka Hon. Elizabeth Wakesho Mwatela Hon. Francis Rongaine Terere Hon. Sanguli Mngola Hon. Mercy Z. Mwakera Hon. Maria Chao Mwakio Hon. Naima Saleh Ahamed Hon. Rachel J.M. Dawai Mrs. Veriti Mghoi Kisochi, Interim Clerk to the County Assembly Mr. Andrew Shangarai Jumanne, Interim Chief Serjeant-at-arms Mrs. Judy Mutemi, Interim Hansard Reporter.

Welcome to this temporary seat of the Senate. Feel at home. I hope that you, as a very important arm at the county government level, will learn something from this visit.

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

Hon. Senators, we will begin with the Motion by Sen. Mositet. We adjourned debate on this Motion on Thursday last week. The balance of time is two hours and fifteen minutes. Sen. Ndiema, you were last on the Floor when debate on this Motion was interrupted. You have five minutes to conclude your contribution.

Mr. Deputy Speaker, Sir, last Thursday, I stood to support this Motion that the functions of the Kenya Rural Roads Authority (KeRRA) be devolved to the counties. As per the Constitution, rural access roads are a function of county governments. So, the management of KeRRA should be taken over by county governments. If there is anything that needs to be devolved because it impacts directly on the economy of the people, it is rural access roads. In the counties, these are the roads that serve the public the most and enable farmers to deliver their produce to the markets. The best authority to do this is the county governments. We are aware that KeRRA had already devolved its functions to the county level. What is required is for that function, equipment and personnel to be transferred to the county governments. As of now, county governments do not have adequate facilities and personnel to offer that service. It is inevitable that this has to be done. Mr. Deputy Speaker, Sir, I do not understand why we procrastinate over a matter like this one. It is high time that we resolve that those functions that have to be devolved must be devolved at whatever cost. We must bite the bullet. If we do not do that, we will soon land in a situation where county governments will recruit and procure equipment 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.

Mr. Deputy Speaker, Sir, I stand to join my colleague in thanking Sen. Mositet for this timely Motion which reminds us about the duties of the national Government and the county governments as clearly stipulated in the Fourth Schedule of the Constitution. Even somebody who does not know how to read and write can understand that maintenance of roads in the counties must be performed by county governments. Although the Act that was generated in 2007 established KeRRA, many roads that were supposed to be done by KeRRA have not been done and yet in every county, there exists a KeRRA office and engineers appropriately assigned. Mr. Deputy Speaker, Sir, the problem arises to the extent that we ask that this Motion be supported so that all these functions can be administered by the county governments and that the KeRRA officials work with the officers in charge of roads in the county. I am told that all the funds that were supposed to have been devolved to the counties are still at the KeRRA headquarters. Since 2007, KeRRA has been storing the money at their headquarters and releases it in bits. There is a huge temptation, as always, since we are human, if you are the head of KeRRA, your heart may be tempted to please your home heritage; you give more money to the KeRRA offices where your interests are. This is not something unique. It calls upon us to say this is what was envisaged when we were releasing the Constitution of Kenya, 2010. The Constitution of Kenya 2010 law is more recent than the Act of 2007. Mr. Deputy Speaker, Sir, when I was working closely with a sister Ministry closer to that of Roads, I followed these issues closely. Members of Parliament from every constituency would go and queue to see the Director-General or the officers who work in Nairobi and not those ones on the ground. This means that unless we do not trust what we did in our law or what we approved in the Constitution which stipulates and gives duties appropriately, then it means we have defeated logic. The CDF and the KeRRA funds that were released in bits would go to every constituency and somebody is appointed by the MP to be in charge of the Roads Committee and then the KeRRA officers would work together with them. We found that roads were not done to the required standards. There are about four roads that I know in West Pokot County which fall directly under KeRRA. They all emanate from Kapenguria at the headquarters. There is one that starts from Kapenguria through Kapipich all the way to Elgeyo Marakwet County. That road is the lifeline for development activities in the area. But when the rainy season starts, it becomes impassable and all the farm produce – the milk in particular – gets spoilt. 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. Abdirahman.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to this very important Motion that touches on all counties. I personally believe that the current confusion we are in originated from the fact that the Transition Authority sent mixed signals from the outset, claiming that counties were rather unprepared in terms of capacity. It is important that all State organs or institutions respect the provisions of the Constitution. If the Constitution allowed county governments to administer, manage and harness their resources; and efficiently use what is given from the national Government, there should be no cause for alarm until a certain time that we doubt the performance of one particular county, and those are things that the Senate can effectively oversight. 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.

Thank you, Mr. Deputy Speaker, Sir. As I congratulate the Mover of this Motion, it is not possible to only look at the Kenya Roads Act of 2007; we have also to look at the Finance Act of 2009, which actually facilitated the establishment of the Constituency Roads Committees. Because these ones have to be looked at as a unit for us to completely devolve the roads infrastructure management to the county level. Mr. Deputy Speaker, Sir, as we know, KeRRA supervises roads belonging to Class D, E and below, and these are the main roads found in the counties. They already have infrastructure that is already established at the county level. Therefore, we are not supposed to have a big problem in pushing the functions of KeRRA to the county; all we have to do is come up with a Bill and amend the Roads Act, 2007, to facilitate the same. Therefore, I will call on the Mover, after this Motion is passed - which I believe will pass - to move very fast and come up with amendments to the Roads Act of 2007 so that we can now empower the governor to oversee the activities of KeRRA at that level. Of course, we have to look at how we will reposition the Director-General of the same body and the infrastructure that is established at the national level. But it is important to know that Kenya is actually one of the countries in the world with very dilapidated road infrastructure. Therefore, it is of essence that we look at this issue very fast before funds are lost in this lacuna of confusion between the county government systems and the national Government system on who really is to manage the funds that are already allocated to KeRRA. It is true that KeRRA has already signed contracts with many multinational and local companies that are managing and dealing with roads at this time. Therefore, the transition might be a complicated issue because how do we handle the existing contracts with these companies? So, this is something that has really to be looked into in detail so 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.) Kuti.

Thank you, Mr. Deputy Speaker, Sir. I stand to support this very important Motion, and I congratulate Sen. Mositet for bringing it forth. Mr. Deputy Speaker, Sir, infrastructure is a very key component of development, be it at the national or at the county level. If we want the counties to realize faster development, we should allow them to do their own infrastructure, and the most important one is roads. So, it is the local leadership – the governors and the county governments – that know which roads are crucial to them for their faster development; which roads will bring in the farm produce faster, and which roads will bring faster development to their counties. So, although these committees at the constituency level are functional, some major roads are considered at the national level by the Director-General and his team. Mr. Deputy Speaker, Sir, I am a victim of KeRRA, because when I was a Member of Parliament, I struggled to have one very crucial bridge that connects two districts in my constituency constructed then – Kolgotu Bridge – it made me negotiate all the way to the Head of State, whom we even invited to visit the district that was affected by that road. At that time, an executive order was given for KeRRA to develop that bridge, but up to today, it has not been done. I had to raise money from the Constituencies Development Fund (CDF), which was not quite enough. It is only now after I left that seat that the constituency now knows that that it is the current Member of Parliament who is doing this road, after being promised Kshs200 million in 2010, which has not been delivered up to now. Mr. Deputy Speaker, Sir, we want this function devolved very quickly so that the county government can make decisions and quickly implement development at the county level. So, I strongly recommend and support the fact that county governments should be allowed to run the funds for roads of Class D and below.

Secondly, Mr. Deputy Speaker, Sir, holding onto these funds at the national level has connotations of corruption and dealings with contractors. Most of the time, the people winning major contracts for these roads do not come from those counties. It is only roads of Class E and below that are given to county contractors. Otherwise most of the contractors will be coming from elsewhere. This is especially so in counties where major The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir. I stand to support this Motion and remember that if there is one indicator that should remind Kenyans why we wanted devolution, it should be the roads sector. Even the so-called classification of roads; A, B, C, D and E was for convenience because it was done arbitrarily. When you say, for example, that Class A roads are the transnational highways; who does not know that we have a transnational highway that runs from Nairobi to Garissa and to Mandera which connects us with Ethiopia and yet the Government has not bothered to tarmac this very critical road? The tarmac ends at Garissa and on a whole 750 kilometres, there is no tarmac. So, this issue of Class A, B and others is arbitrary and was being used by the old school politicians to keep on taking development to their areas. It is this arbitrary classification of roads that you will find, from the time I was born, has contributed to having no tarmac road between Kisumu and Kakamega. Now, as we speak, they are busy tarmacking another one.

Hon. Senators, order. Please! Let us consult in low tones so that we hear what Senator Khalwale has to say.

Thank you, Mr. Deputy Speaker, Sir. They have started constructing the road between Kisumu, Kakamega, Webuye and Kitale. We should move away from this arbitrary stuff. I will be requesting that we move an amendment Motion so that we reclassify the roads. We should ask ourselves which road deserves to be called a county road and which one is under the Kenya National Highways Authority (KeNHA). The big dollar money will be going to the transnational highways that are being managed by the national Governments. We will be scrambling for little money as counties when the national Government has enough money to work on those roads. I am saying these things because it saddens me that you can move from Kisumu to Busia, using a road that connects Kenya to its biggest trading partner, Uganda, without driving on tarmac. Anytime the Government remembers to work on this road, all they do is recarpet it. I always ask myself; what is greater than the other; to take a great road to Thika or take a great road to Uganda where we will go to do business? I look at the Thika Superhighway and see it as a “big man” syndrome.

On a point of order, Mr. Deputy Speaker, Sir. Is my medical colleague, Sen. Khalwale, in order to impute that the Thika Superhighway only goes 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.

Sen. Khalwale, you are out of order. I do not like asking Senators to make clarifications but when you make a statement like the one you have made, knowing very well that the road does not end in Thika, is not very good for national cohesion. You know it, I know it and everybody knows this. If you want to make a point about the Busia Road, do it without necessarily antagonizing what is already going on.

Thank you, Mr. Deputy Speaker, Sir. Probably, because of the loud consultations, something escaped you. I was making a comparative. You cannot do comparative conversation without addressing two issues.

Senator Khalwale, your time is running out.

The iniquities in this country are the reason that we brought devolution. I do not know why I am being gagged. I want to talk about some roads in specific counties. In some counties like Kakamega, we have a road that runs from Sigalagala to Butere and to Sidindi. This road connects two major counties; Siaya and Kakamega. This road has been the subject of politics. Everybody who cared to win while asking for presidential votes spoke about this road. As we debate in this Chamber, we have earthmovers lying on it for the last three years. It is waiting for the next round of elections for a would-be presidential candidate to ask for votes using the same. I will be requesting, when we move the KeRRA Fund to the counties that the Governor of Kakamega moves with speed to ensure that funds are allocated to Sigalagala-Butere and Khayega- Shinyalu-Chepsonoi Road and Lurambi, Shikoti and Bungoma roads. These things are very serious. The way we speak about them, one can think we are speaking from the prism of tribalism. If you go to the Coast, you will find that there is a major road that runs from Voi to Mwatate taking us to our trading partner in Tanzania. Recently, the road was being done. I am hoping that hon. Mwazo is here because the road from Wundanyi to Mwatate should also be done. A lot of business is done by the local people who move their goods from Wundanyi to Mwatate. If this Senate cannot allow us to say these things, the Senate will be falling short of the glory. I appreciate the comments from the background from my junior colleague, (Dr.) Kuti. However, just as I taught medicine when he was my junior in school, he will also learn from my debate here and see that funds are sent down to the counties. I support.

On a point of order, Mr. Deputy Speaker, Sir. The Senator from Kakamega indicated that this Senate is gagging him. I am part of this Senate and from a personal point of view, I do not remember telling him not to talk about certain things. Is he in order to allege that Senators, individually or collectively have gagged him from talking about certain issues? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, indeed, I want to confirm that Sen. Hassan has been supporting me in my contribution and I am very proud of it. I only used that word because my “Medical Junior” was attempting to cut short my speech when he knows very well that I used to help him with homework.

Order, hon. Members! Before we proceed to the next speaker, I mentioned to you that we have visitors from Taita Taveta County Assembly. I have already introduced the first group to you. However, due to the size of our galleries, we cannot accommodate all of them. However, I do not want them to go to Taita Taveta and say that the Senate has no gallery. These are temporary premises. When you visit us next time, you will find us in a place with a complete gallery. I will call the next group. When I call you, please, stand so that you are acknowledged in the parliamentary way. The second group is composed of; Hon. Roselyne W. Mshambala; Hon. Rosina Mghoi Kisochi; Hon. Ruth Wambugha Mwanyiro; Hon. Valery Mghoi Mganga; Hon. Steven Mwakio; Mrs. Jemmimah Makoko, member of staff; Ms. Isabellah Talu, member of staff; Ms. Beatrice Njumwa, member of staff; Ms. Dora Manga, member of staff; and, finally, Mr. Nelson Mwanyalo, member of staff.

On a point of order, Mr. Deputy Speaker, Sir. First, I would like to congratulate the people of Taita Taveta for being very gender sensitive. I think we lead and others follow. This is a glaring example. Others need to borrow a leaf from us. I want to congratulate their elected officials and their members of staff.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to contribute to this very important Motion on a very important sector in this country; the roads sector. We need to have this sector devolved. As you know, roads are better handled as close as possible near their point of control. I am surprised that, while the Constitution is very clear that some roads should be handled by the county governments, that seems not to be the case. The national Government still feels that it has work to do there. I thought that was the first function they should have devolved because that is where there are a lot of problems. It is a sector that affects development at each and every level. It is a sector, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Bw. Naibu Spika, nasimama kuunga mkono Hoja hii, kwamba majukumu ya taasisi ya KeRRA yapelekwe haraka katika mamlaka ya serikali za kaunti. Bw. Naibu Spika, namshukuru sana ndugu yetu ambaye ni Seneta wa Kajiado, Bw. Peter Mositet, kwa kuleta Hoja hii. Hii ni kwa sababu tunajua kwamba kama Seneti tunajukumu la kuhakikisha kwamba tumelinda maslahi ya kaunti zetu na kuhakikisha kuwa Serikali yetu inawajibika kikatiba. Bw. Naibu Spika, kuna majukumu mengi sana ambayo serikali zetu za kaunti lazima zitekeleze. Mojawapo ya mambo ambayo yamedhoofika sana katika taifa la Kenya ni maswala ya barabara. Hivi sasa tumepata fursa ya kuhakikisha kwamba barabara zitaweza kuhudumiwa kupitia kwa mamlaka ya serikali za kaunti. Kupitia sera ya ugatuzi, tunajua kwamba tumeleta serikali karibu kwa sababu Waswahili husema: “Kiatu unachokivaa ndicho unakijua pale kina machungu yake.” Kwa hivyo, serikali zetu za kaunti zinaweza kuhakikisha kwamba zimetekeleza majukumu yao kwa kukarabati barabara zetu ndogo ndogo. Pale ambapo hakuna barabara, serikali hizi zinaweza kupendekeza ili barabara hizo zijengwe, ili tuweze kuleta hali inayofaa ya mawasiliano katika kaunti. Hii itahakikisha kuwa tunaendeleza uchumi na usafiri katika kaunti zetu. Bw. Naibu Spika, mnajua maana ya neno “kera” katika Kiswahili. Kukera mtu ni kumsumbua mtu. Ukisema: “Huyu mtu ananikera,” inamaanisha kuwa yule mtu anakusumbua au anakudungadunga.” Kwa hivyo, tunataka hii taasisi ya KeRRA isikere kaunti zetu. Warudishe majukumu ya kaunti zetu katika mamlaka ya kaunti zetu. Lile la muhimu ni kuhakikisha kwamba Serikali ya kitaifa imetii matakwa ama amri za kikatiba. Bw. Naibu Spika, wengi wamezungumza hapo awali kwamba lile swala nyeti katika maswala ya ugatuzi ni kuhakikisha kwamba tumeondoa ule ubaguzi wa kimaendeleo ambao umekuweko katika Kenya hii na wengine wetu kukataa kwamba ubaguzi kama huu umekuwepo; labda ni kwa sababu walikuwa katika upande wa kupata. Wengine wetu tumeamini, ijapokuwa tunatoka katika Kaunti ya Mombasa, kuwa tumebaguliwa kimaendeleo kwa muda mrefu. Kwa hivyo, hakuna mtu katika Kenya hii ambaye haamini kwamba kumekuwa na ubaguzi wa kimaendeleo. Kwa hivyo, tukiendelea kuangalia ni barabara zipi zitapewa kipaumbele kwa njia ya kukarabatiwa, basi tunaweza kulegeza kamba katika maswala ya kuhakikisha kwamba tumetekeleza ahadi ya ugatuzi. Bw. Naibu Spika, mara nyingi sana ni lazima pia tuchunguze--- Ningewataka wale ambao wako katika Kamati tofauti tofauti za Bunge wajaribu kuelewa ni kwa nini watu wamekwamia mamlaka haya. Niliwasikia baadhi ya wakuu katika Serikali ya Kaunti ya Mombasa wakisema kwamba sababu moja ya watu kukwama na majukumu haya ni kwa ajili kandarasi zimetolewa. Tungependa Kamati za Seneti hii ziweze kufuatilia ni kwa nini watu hawataki majukumu haya ya KeRRA kurudishwa katika kaunti zetu. Inamaanisha kwamba kuna mtu ambaye labda amekalia jambo fulani na huenda zile shutuma zilizoko ni za ukweli. Mara nyingi sana tunajenga barabara ndogo ndogo kuliko kubwa kubwa. Kwa hivyo, kandarasi zaidi ziko hapo. Hii ndio maana tunataka kuzithibiti. Kama yale malalamishi kwamba baadhi ya kandarasi zimetolewa na ndio maana watu wengine hawataki kuyatoa majukumu, basi kuna Kamati tofauti tofauti za Seneti ambazo zitachunguza mambo hayo. Kuna Kamati za mawasiliano, maswala ya fedha na zingine nyingi. Katika siku zinazokuja, baadhi ya Kamati zetu za Seneti zitakuwa zinatembelea The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to contribute to this very important Motion. From the outset, I would like to urge my fellow Senators to support this Motion. Those of us who were in the Eight Parliament knew very well that the national Government was always hesitant to release the CDF money to the constituencies. I remember the late Bonaya Godana told me that he had created 4,000 kilometres of road using the CDF money. When I asked him how, he told me that the engineer on the ground was a local person in the name of Sen. Hargura. He was the one who was in charge of Marsabit and he did 4,000 kilometres of road. Before we passed the CDF Motion, we did not have roads in our constituencies. For the last 50 years in my county, we have never seen a tarmack road. I would like to thank the former President Mwai Kibaki who did 100 kilometres of road between Isiolo and Merile. It is not that he loved the Samburus, but because the road was connecting Kenya and Ethiopia. Since then, we never tell our children to go to Nyahururu, which is over 200 kilometres away, to learn what a tarmack road is. We can now easily move to Archers Post. I support this Motion because I know that all these money which is being given out in Nairobi does not go to the counties. Between April and May, the Deputy President, hon. Ruto, said that there was about Kshs500 million to repair roads which had been destroyed by the rains. I wonder whether any county has benefited from that. Samburu County only benefitted about 20 kilometres where they only put stones and covered them with soil. I am sure if this money gets down to KeRRA at the county level, the Governor and the county representatives will have to supervise projects the way they have been supervising the constituency roads. Mr. Deputy Speaker, Sir, I would like to urge the Government to transfer this money as soon as possible so that we can endevour to put our roads in a better condition. We have been crying for the last 50 years since we got Independence for the Rumuruti- Maralal Road to be tarmacked. My friend, Sen. Hassan, is lucky because he was born where a tarmack road was. There are some people from some areas who are yet to see a tarmac road in Nyahururu and Maralal. I wish one day His Excellency the President could tour that area using that road and not the air force choppers so that he can see what we are going through especially during the rainy season. I beg to support.

Thank you, Mr. Deputy Speaker, Sir. I think the honourable Senators have exhausted their contributions and that is why none of them was competing with me to catch your eye. What is important in this Motion is not just to transfer the funds to the counties. What is more effective is that the counties, especially the county representatives be responsible for this money to the people who elected them. The biggest problem now is that there is no county representative, a Member of Parliament or a Senator who has legitimate rights to direct and to enforce the law which gives KeRRA the power to use that money. What we are doing here is to make sure that those who are given this money The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity so that I can also support this Motion. May I, first, begin by commending Sen. Mositet, for bringing such an important Motion. As you know, rural roads form such an important cog of any development in the rural areas. We know that without these roads being in good condition, we will not be able to transport any services to the basic unit of the county Government. As you know, this is the village level. Therefore, it behooves the national Government to transfer these services, especially to ensure that they have sufficient funds so that KeRRA can be able to operate at the county level. There is no way somebody at the national level; those mandarins sitting in the national Government, can be able to plan and determine for us in the rural areas. County governments are the ones that are best placed to be able to determine and prioritize which roads should be developed but not the mandarins at the national Government. We all know that the reason why they do not want to transfer these services is because of the culture of kitu kidogo and the 10 per cent commissions that many engineers at the national level continue enjoying with the contractors. Therefore, I want to support the Motion by urging that these funds should even have been transferred yesterday. 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.

Hoja ya Nidhamu, Bw. Spika wa Muda. Nataka kujua umetumia kifungu gani katika nidhamu zetu za Seneti, yaani, Standing Orders, kwa wewe kutoka kwenye kiti chako na kukaa katika kiti hicho cha Uspika.

Order! If you repeat that remark again, I will kick you out of the House.

Proceed, Sen. Ong’era!

Mr. Temporary Speaker, Sir, in case Sen. Hassan does not recall, this House just voted unanimously to have you as our temporary speaker for the day. So, as I was saying before I was interrupted by the distinguished Senator for Mombasa, all services must be transferred to the counties but services cannot just be transferred in a vacuum. Counties must be supported with adequate funding so that they can carry out these services. We do not want to reduce county governments into employment bureaus. We want them to have enough money so that they can carry out capital developments at the county level. At the end of five years, we want to see a system audit carried out in the county governments to establish what capital developments they were able to do. We do not want services to remain at the national level because even now the county governments have adequate capacity. I support the Motion.

Mr. Temporary Speaker, Sir, being the last person, I am sure I have very few points to add and I believe---

(Sen. (Dr.) Machage): Order, Senator! You cannot pre- empt that.

Mr. Temporary Speaker, Sir, the first point I want to make is that if we really want to think about development, then roads are very critical. At this level of development in our country, we really need to have roads in place. Where I come from, the issue of insecurity is of great concern. If there are no roads, it is normally hard to track the attackers and it is also hard to access those who have been attacked in those areas. So, it is important for us to have these services transferred to the county governments so as to improve the security and development of those counties. Mr. Temporary Speaker, Sir, the other issue I want to talk about is the issue of health care services. Where I come from, taking patients and expectant mothers who want 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, thank you for giving me this opportunity to contribute and support the Motion before the House. I will start by congratulating Sen. Mositet for bringing the Motion to the House. I have seen that all Senators are supporting it. I would like to clarify that the work of the Kenya Rural Roads Authority (KeRRA) is to give guidance in the maintenance and construction of roads. So, do they have to carry out that mandate and yet there is a county government in place? This has given many challenges to our county governments because the citizens would ask why the county government is not even able to repair a pothole. This is because of the confusion that KeRRA has brought about. The other thing that I have seen them do is upgrading and introducing another class of roads just to make sure that the county government does not perform its role. I stand to support this Motion because it will bring equality and an opportunity for all the counties to benefit from the funds meant for construction of rural roads. As you can see, county governments had even budgeted for the construction of roads but they have been denied the opportunity to do so. If this Motion is passed and implemented, all the counties are going to get equal opportunities. With those few remarks, I support.

Mr. Temporary Speaker, Sir, thank you for giving me this chance to share some three or four points on this issue of KeRRA. I want to believe that in the revenue allocation that we voted in this House regarding monies going to counties, roads were also included. What we are saying is that we want these functions to be transferred since the money was already in the Budget. Regarding the issue of awarding new contracts, the Government said that they should allocate at least 20 per cent of the contracts to the youth. If these functions are 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.

I can see no other Senator who wishes to contribute to this Motion. I, therefore, call upon Sen. Mositet Korinko to reply.

Thank you, Mr. Temporary Speaker, for giving me this time to reply to the Motion. I do thank very much all the distinguished Senators who have eloquently contributed to this Motion. From your contributions, it has come out clearly that it is the local leaders who know the state of roads in their respective counties. These local leaders include the Senators, governors, Members of County Assembly (MCAs) and village leaders. Most roads from Class D are found within counties. These roads include feeder roads. We use these roads to access our homes. Therefore, it is only imperative 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.

Very well, Sen. Mositet! I have considered your request under Standing Order No.51(3) and I do accept that the putting of Question be done tomorrow as from 3.00 p.m.

Next Order. ESTABLISHMENT OF A FUND TO COMPENSATE VILLAGE ELDERS

Mr. Temporary Speaker, Sir, I beg to move:- THAT, aware that in the African context elders popularly referred to as ‘ wazee wa mtaa ’ have a special place and they are highly respected; appreciating their work in supplementing the work of Chiefs in matters of administration at the locational and village levels; concerned that no form of structured payment is given to them for the services they render; 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.

Thank you, Mr. Temporary Speaker, Sir. I would like to start by congratulating Sen. (Prof.) Lonyangapuo. Sen. Lonyangapuo touches the hearts of the lower group in terms of societal hierarchy. Recently, you will remember that Sen. Lonyangapuo moved a Motion to support Kenya Police Reservists (KPR). All residents of Arid and Semi Arid Lands (ASALs), especially in Isiolo, appreciated that Motion. Today, this is a similar Motion that addresses the social structure at the last mile. Our elders were the government representatives before the secular government came into place. Every tribal group in Africa had a government before the British came in. What Sen. (Prof) Lonyangapuo is talking about are rudiments of those governments. Those rudimentary governments still have a major role in those communities, especially in the rural set up. This also applies in the urban set up because the tribal groupings in Eastleigh, Kibera and Mathare have the same relationships. They have their own small

leaders who address or manage issues. When somebody dies, the wazees come together and they are the ones who are charged with sending information to Sen.(Prof.) Lonyangapuo, to me or to other Senators or to Members of Parliament, after which you hear about it. These structures are operational in Nairobi, but are stronger in the rural villages. This is a total government, save for the fact that they do not move around with flags and do not get any recognition. They do not have an army, but they keep the society together. They are the identity of these communities. They are the first respondents to issues, whether it concerns security, ceremonial or a developmental issue. These elders can also be used by the national Government. They are units that are alive and which function very well. In a way, our Government has not taken advantage of this group while impacting development issues; be they security measures, education or health issues. These people are a living library. When I go and hold meetings in the constituencies or counties, they will tell me that if you want to do a dam, the best place to do it is such and such a place. They will show me the place where the maximum accumulation of water will be. If you go there, you will realize that what they tell you is the correct thing. Sometimes the water engineer would just say that he wants to do a dam somewhere and go ahead to do it. Eventually, you will realize that, that dam will only be utilized for a very short while, because he did not utilize the wisdom of the people on the ground. Mr. Temporary Speaker, Sir, on matters social, these people play a very important role in marriages. They are the ones who know the norms and advise which clan should not marry which clan. You will realize that even scientifically it has a significance. They are very important during dowry negotiations. When the actual weddings happen, they are the ones who plan. If for any reason there are disputes in marriages, they become very crucial in terms of resolving them, before the couples go to courts. If it is divorce, 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, before I proceed, I want to remind my colleague from Isiolo, that our role is not just to dance and prepare things. Our job is to encourage peace and make resolutions in the communities. Mr. Temporary Speaker, Sir, I beg to support the Motion and thank my senior colleague for bringing it at the right time. Indeed, I would like to appreciate the effort being done by our elders, as we know, old is gold. One proverb in Somali states that if a community lacks an elder, it can even purchase one from another community or place. In the Somali language it says: “ Id hadhii odhi lowaya, adon beeah ayalosoibiya”-(If acertain community lacks elders amongst them, you better purchase them from othercommunities) Mr. Temporary Speaker, Sir, the effort done by the elders is really encouraging when it comes to conflict resolution. As my colleague has already said, in our pastoral community we have inter-clan conflicts and these elders are the ones who normally resolve them. Also, on the issue of borders, I am sure that you are aware of an incident which happened in Wajir one year ago, where two officers were kidnapped from the border and taken to Somalia. In fact, the Government did not do much, but it is through the efforts of those elders that the two officers were released back to Kenya. That means that they are doing more work at that level than even the Government. Mr. Temporary Speaker, Sir, these elders normally handle the issue of divorce, marriages and other conflicts which relate to the communities. It is through these elders that the quality of education can improve, because they are at the local level and normally encourage parents to take their children to school. This encourages competition among the parents, hence performance also improves. They also facilitate the county governments, where the minority communities are somehow forgotten. These elders are the people who know the community and hence, ensure that everybody is brought on board. Mr. Temporary Speaker, Sir, if these elders have families; if they are not motivated they will not do their work properly. At least, a system should be put in place in the county governments, so that those people can have a small token to make them happy. Mr. Temporary Speaker, Sir, I beg to support.

Mr. Temporary Speaker, Sir, first of all, I want to thank Sen. (Prof.) Lonyangapuo, the Senator for West Pokot, for his initiative to bring Motions to this House, which seek to involve the people in matters touching on their own welfare. Mr. Temporary Speaker, Sir, this particular Motion by Sen. (Prof.) Lonyangapuo calls for a formal recognition of the role of wazee wa mitaa. It reminds us to appreciate the critical role played by village elders in our various communities and counties. The Motion, of course, is seeking to accommodate the structure of village elders, which already exists anyway, so that it becomes part and parcel of our governance structure. Mr. Temporary Speaker, Sir, in the true African context, village elders have always been highly respected people. This is because of what they are and the functions that they have been able to perform in society. In my own Kisii County, we refer to them as Abatureti. This is a very respected category of people in our communities, not so much because they have been able to accumulate university degrees and other distinguished accolades, but because they are generally sound and wise. They understand The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante sana, Bw. Spika wa Muda. Nanafikiri kila eneo la watu kuna msemo wao. Huko pwani tunasema kwamba, “penye wazee hapaharibiki jambo”. Kwanza, ningependa kumpongeza Sen. (Prof.) Lonyangapuo kwa Hoja hii. Mimi mwenyewe nilikuwa ninapanga kuileta Hoja hii hapa kwenye Bunge la Seneti. Kwa hivyo, ni kama ameniibia Hoja hii. Mimi nina heshima kubwa sana kwa wazee wetu. Wazee na akina mama wote wana majukumu makubwa sana kule nyumbani. Kuhusu usalama, ni lazima tuzingatie kuwa wakati huu tuna ugatuzi. Ugatuzi maanake ni nyumbani ama mashinani. Ukiangalia kule mashinani, polisi mmoja hawezi kumchunga raia mmoja. Kwa hivyo, hatuna polisi wa kutosha kuleta usalama, isipokuwa kama tutaongeza wale wazee wa mtaa ama wale watu walioko kwenye vijiji ili tusaidiane na polisi kudumisha amani na usalama. Bw. Spika wa Muda, ninataka kuzungumza machache kuhusu suala la Mombasa Republican Council (MRC). Vijana wote ambao wameungana na kikundi hiki, na wale ambao wanafanya mambo ambayo hayahusiani na maadilifu kwenye jamii, tunawajua, kwa sababu ni watoto wetu na ndugu zetu. Kwa hivyo, tuwaonyeshe hao wazee kwamba tunawapenda na wakifanya shughuli fulani watapewa zawadi kidogo, kwa mfano, Kshs2,000 ambazo ni pesa nyingi sana kule mashinani. Ni wangapi kati yetu wanapeana Kshs2, 000 kila mwezi? Hawa wazee wakipewa Kshs2,000, hiyo itakuwa imewatosha na tutakuwa na usalama majumbani kwetu. Hata wale wanakula unga na kuuza madawa ya kulevya tunawajua kwa sababu ni watoto wetu na tuanishi nao. Pia tukiangalia hao wazee kwa kuwaheshimu na kuwapatia zile nyadhifa, masuala haya yote ya ukosefu wa usalama yatarudi chini. Upande mwingine, tumekuwa tukisema kwamba yetu ni Serikali ya digital . Tutawafanyaje hao wazee? Je, tuwaue? Kwa hivyo, tukiwapatia nyadhifa katika mitaa, tutakuwa tumewatia katika hii Serikali yetu ya digital . Kama kule kwetu Kilifi, imebidi wauwawe kwa sababu wanakula chakula ambacho kingekuwa ni cha watoto wao. Mimi mweneyewe nilipatikana na mtihani kwa sababu mjomba wangu aliuawa kwa sababu alikuwa ameficha Title deed au cheti cha kumiliki shamba. Kwa hivyo, inafaa tuwalete hao wazee pamoja. Utaona kwamba wakati wa uchaguzi huwa tunawavuta hawa wazee karibu sana na sisi lakini tukishapata vyeo, tunawasahau. Hatuwezi kufanya kazi bila hawa wazee wa mitaa. Ni lazima Sen. (Prof.) Lonyangapuo aliwatafuta wakati wa uchaguzi na wakamsaidi sana. Ndio sababu nilisema kwamba, ni kama ambaye ameniibia Hoja hii kwa sababu wakati wa kampeni yangu, nilitumia hawa wazee sana na ndio niko mahali hapa. Nilihakikisha kwamba hao wazee walinisaidi katika kila jambo. 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 this opportunity to contribute to this Motion. First of all, I thank Sen. (Prof.) Lonyangapuo for coming up with this Motion. The wazee wa mtaa as they are called, are men and women who are reservoirs of knowledge and wisdom. They play a very important role in nurturing communities. The African culture and heritage is deteriorating each day because we are aping the West. The values that were inculcated in us as we were growing up by these men and women have been set aside. I support this Motion so that we can allow these men and women to contribute to the good of this country. In the larger Gusii region, for instance, we had what we called Turet where the old men could sit and they would discuss on all the issues affecting the community. In Nyamira County, they have set up a council of elders which spreads to our sister county, Kisii County. It is very important that the Government comes up with a token of appreciation for this old men and women to contribute to their welfare. Mr. Temporary Speaker, Sir, another area which has not been captured very well is the area of drugs. These old men and women know who brews chang’aa in the villages. With the inherent democracy, the chiefs’ powers have waned. If these old men and women are motivated by some token, they can have an opportunity to assist the chiefs in curbing chang’aa consumption in areas like Nyamira and Kisii and other parts of central Kenya. The other issues have been well articulated by Sen. (Prof.) Lonyangapuo, my elder brother Sen. Obure and even my sister. It is not a big deal to appreciate these old men. We are not going to pay them a salary, but simply to appreciate them for their role so that they can have a sense of belonging. I would suggest that Sen. (Prof.) Lonyangapuo comes up with some amendments to include the payments which are being made to the old people in the country. We are just appreciating their role and I also propose that we do an amendment so that we can include the elders who were supposed to benefit from those tokens but were not catered for. I think at an appropriate time, I will consult my brother, Sen. (Prof.) Lonyangapuo, to see if the other group of elders can be incorporated. With those few remarks, I beg to support. 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, thank you that I have been able to catch your eye after having stood up for a very long time. I actually want to support this Motion so strongly. The village elders are the managers in our community. In most cases, these are people of wisdom. They are the first ones to reach out to---

(Sen. (Dr.) Machage): Order! Sen. Obure, please, consult in low tones!

Mr. Temporary Speaker, Sir, as we appreciate devolution, it is very important for us to also appreciate the village elders since they are the people at the grassroots level. They play a big role as mediators in case of a dispute in the family or community. Before people go to the chief’s office, they first run to the village elder. Secondly, when I was growing up, the village elders could order one out of the house to go to school and the parent will be taken to task. That is why I am saying that it is important for us to recognize village elders in our community. Most of us have talked about the security aspect and it is true that the village elders know who the residents are and who the strangers might be. When we talk about disciplinary cases in our community, you will find that they were not high because of the work of the village elders. Right now, there is a lot of indiscipline in the village, including the misbehaving by our children. This is because the village elders have not been involved. These village elders have a deep knowledge in traditional law on what happens in our society and what is supposed to be done. When we talk about circumcision of boys, for example, it is these village elders who know how it is supposed to be done and who is supposed to do it. This digital era is actually killing our culture. As we devolve, let us look into the welfare of our village elders. Mr. Temporary Speaker, Sir, lastly, I want to talk about the coordination of various activities in our communities. These village elders are the ones who can do it well. They give direction and advice, and even convene meetings. That is why I said that it is very important for us to motivate them. These funds will assist them do their job. We should even go further and provide them with uniforms and means of transport depending on where they come from. I know that in some places, bicycles can do well and, in other places, motor cycles can do well. Regarding capacity building, we know that county governments have funds meant for capacity building of our people in the community. If they are given an opportunity to train, they will deliver. With those few remarks, I beg to support strongly.

Mr. Temporary Speaker, Sir, thank you for giving me the opportunity to contribute to this Motion. This Motion is coming at the right time when we have devolution. If there is anything to be devolved then it is what is in this Motion. These are the people who are crucial in the devolution process. They are the ones who should be telling us what to do and what not to do. Mr. Temporary Speaker, Sir, we are talking about Kenya which has been independent for the last 50 years. The kinds of problems we are experiencing now were fewer before Independence. The rate of crime was lower before Independence. Right 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. First of all, I would like to congratulate the Mover of this Motion. To me, it seems that he has been thinking very critically about the affairs of other people. I think even after Independence and even before Independence, we had these people called wazees ; and they have been working voluntarily. It is unfair for a Government, which has been there for more than 50 years, to continue depending on free service from individuals, either communally or individually. I think this Motion ought not to have come because it is suggesting that we devolve security itself, which is not within our mandate. The security function has not been devolved and yet these people we are talking about have been working very hard with security people. If you go to any constituency today, you will find that the District Commissioners (DCs) rely heavily on these wazees . He cannot rely very much on government officials because most government officials have really failed. Not that they wanted to fail, but because they are following our Kenyan culture. The Kenyan culture is such that you have to be a very corrupt person to be given such a responsible. This is a very serious statement that I am making, and I have a reason for that. These wazees who rely on nothing – they go out of their way even when the chief is going to visit them to try as much as possible to even get chicken for the chief. They suffer a lot. They are there in every constituency because the security situation has deteriorated very badly. The provincial administration that is the chiefs, DCs and Dos, now rely on these wazees . They are the only people who would give clear and proper information without lying. 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, for allowing me to contribute to this Motion by the Professor. I may not have much to say because our elderly Senator has already spoken and I may be diluting what he has already said. However, if you look back in order to find out who these wazees are, you will see that these are people who used to bring back sanity whenever people went out of order. These are people who were associated so much with God that they were more holy that the average person. They would even mediate between quarrelling families. In our culture, this is respected very much. If you go out of this country and say that you are a Maasai, you may just be selling Kenya. However, we have something that has not been well documented. The Senator from Kitale knows it. In our community, when people fight and somebody dies, we have a way or resolving it. There is a culture that they follow and the two families are reconciled. The person who has killed someone is fined and things return to normal between the two families as if nothing had happened. A son or a daughter of a person who was killed can end up getting married to the other party. That is something I know. In law, we take somebody to court, the verdict is read and the person is hanged. What happens to the other family? Those families will never be together. We should follow the traditions of our wazees which were very good in maintaining peace and making sure that the families go back together. Suppose we did not have these wazees in the villages? How many courts would we be having in this country? How many magistrates would be employed and how many support clerks of the courts would be there? All that work is done by those wazees . 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. I will also take this time to congratulate the Senator for West Pokot who was also my lecturer at the University for bringing such a wonderful Motion at this time when we have county governments in place. I will start by saying that wazee wa mitaa or village elders have suffered. From what I know, village elders have no offices. That is one. Two, they do not have any money. They only get something small when a cow is stolen from a family. He is forced to come in to try and resolve the issues. At the end of the day, when they find the animal, that is when he gets, at least, Kshs500 or Kshs1,000, probably, after a month. Other instances could be when a neighbour sells a piece of land. He comes in as a witness and is given Kshs500. That is what they earn. Having in mind the work they do, right from security issues to resolving conflicts affecting villagers at that level, we should come up with something to compensate them. They are also leaders like us, but the only challenge they face is that they work at the village level while we are at the national level. A number of them have not gone to school. However, the kind of decisions they reach, in everything they deal with in the village, show that they have a lot of wisdom. Irrespective of the level of crime, village elders have always sat down and solved issues. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, I rise to support this very important Motion. I congratulate Sen. Lonyangapuo for bringing another very important Motion to this Senate. Mr. Temporary Speaker, Sir, the role of elders in society is longstanding and the work that they have done is invaluable. Their work ranges from offering guidance to communities to being mentors for the youth on cultural and moral issues. Every society has rules which govern it, that ensure that there is order, prosperity and harmony within society. In our traditional setting, there are cultures which gladly the current Constitution recognizes. The elders play a very important role in nurturing these cultures. Mr. Temporary Speaker, Sir, with regard to family issues, especially marriages and so forth, there are normally problems, disputes and conflicts that wazees, as we call them, have always managed to resolve. The justice that we derive from these wazees is quick. When I talk about “ wazees” I mean men and women. We know that when you take marriage disputes to court, they drag on forever. The same applies to other disputes. As we say: “Justice delayed is justice denied.” The justice from elders has never been delayed. It is almost instant and within the means of our people. In our judicial system, for you to institute a proceeding in a court, you need to be a man of means. What happens to the people who do not have the means? At least, for the wazees if you have one chicken, you can slaughter it and they will eat, finish your case and issue a verdict that is satisfactory. But the court processes are expensive and not appropriate for our people. Mr. Temporary Speaker, Sir, wazees or elders have also contributed immensely to peace and harmony among communities, tribes and even across borders. They have been 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): Since there is no other Senator interested in contributing, may I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I stand to give tribute and thanks to my colleague Senators for speaking to this Motion. As we noted, this is a very timely Motion because we need to redeem our culture and the usage of the wisdom of the old people who live among us. We also note in this Motion that it is not only the men who are supposed to be working with the chiefs as wazee wa mtaa, but also women. You may also note that in some locations and villages, even persons as young as 30 years could be identified among the elders. The villagers who identify them know that wisdom lies in them. As we talk about putting them together and making sure that we secure our country and utilize the resources that we have, it is proper that we know that these categories of people may also come in. With regard to security matters in the cities, there is the usage of the CCTV and so on, but in the villages, the CCTV is the wazee wa mtaa because you cannot install those kinds of gadgets there. These are the people that are able to move around and put things in order. We also note that wazee wa mtaa may not necessarily be a council of elders because the council of elders is an organization that is registered and that is trying to keep things together. In Meru, we have the Njuri Ncheke who may not necessarily be working with the chiefs to keep order, but there is that linkage. Some of them may be working with the chiefs to provide security but they may also be members of the NjuriNcheke . So that people may not confuse this – when it comes to anti-social activities in the villages like the brewing of local brews, these are the people who can know who brings the chemicals that are normally used. Mr. Temporary Speaker, Sir, when we talked about establishing a fund, we could even give them something better, depending on what we can afford as a country. The minimum was Kshs2 billion per year, but we could raise it to Kshs4 billion. That means we could be talking about a honoraria of about Kshs5,000 per person or as low as Kshs2,000 depending on what we can afford. This is a group that can work very well in areas where we have the Kenya Police Reservists (KPR). The KPR could report to the village elder and monitor how the boys and the girls use the weapons that the Governors give them. I beg to move. 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): Hon. Senators, this is not a County Motion. I will, therefore, put the Question.

(Sen. (Dr.) Machage): Hon. Senators, that concludes the business on the Order Paper. Therefore, the House stands adjourned until tomorrow, Wednesday 2nd October, 2013 at 9.00 a.m. The Senate rose at 6.12 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.