Hon. Senators, I am informed that we have quorum. So, let us proceed.

Mr. Speaker, Sir, I rise to seek a Statement from the Chairman of the Standing Committee on Energy, Roads and Transportation. In 2010, Road D523 – Isinya-Ngong Road was stripped off all tarmac and up to date, it is still in the same condition. The people served by this road who are from Kajiado North, Kajiado East and Kajiado West and Kajiado Central will want to know the following: Who is the contractor? What is the contract sum for the project? How much has been paid to the contractor up to date? When will the road be completed? Thank you, Mr. Speaker, Sir.

Is the Chairman here?

Mr. Speaker, Sir, on behalf of the Chairperson and the Committee on Energy, Roads and Transportation, I want to undertake that we will give the answer in the next one week.

On Wednesday, next week?

Yes, Mr. Speaker, Sir.

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.

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, aware that water is a basic need and that the country cannot exclusively depend on primary sources of water to satisfy all its water needs; deeply concerned that the sole dependence on derivative water sources leads to interruption of water related-activities due to insufficiency; recognizing that water harvesting is a crucial secondary source of water; noting that a lot of water has dissipated due to ineffective programmes and initiatives for harnessing water; cognizant of the fact that rain water that is not harvested causes environmental degradation and damage to infrastructural facilities; recognizing that Article 69 (2) of the Constitution confers to every person a duty to cooperate with state organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources; the Senate urges the National Government to initiate and formulate water harvesting policies to guide water harvesting programmes in all the 47 counties to reduce over dependence on primary water sources. Mr. Speaker, Sir, we know that water is life. Without it, we cannot survive. My Motion is urging for water harvesting in the 47 counties, realizing that a lot of rain water is wasted. We have about a three months’ spell of dry season in this country where you find that people keep on moving with their livestock from place to place in search of water. We even know that the absence of Sen. Haji from the House is due to the fact that he was looking for water for livestock. I was told by one of the Senators that at one time during crucial moments in this country, they were in Kajiado District and there was no water. So, women were desperate and had to wake up in the morning to use wet grass to clean their dishes. Therefore, my Motion says that we get six or more months of rain in this country and that water is wasted or goes to do a lot of damage like displacing people in the western part of the country and also in the Tana Delta. My Motion seeks to ensure that this water is collected, preserved and treated, so that during the three months of drought, there is water. The harvested water can be used in many ways, for example, in irrigation. I am saying this because there are places like where I come from, that is, Trans Nzoia with good soils and sufficient rainfall, but there are some months which are very harsh. If the water is collected and preserved, continued farming will be realized and we will not run short of things. When you go to a country like Israel, it is amazing because they survive throughout the year because of harvesting and preserving water. There is so much water wasted in this country when it rains. Therefore, I seek to see to it that water is collected, preserved and used in the right manner like irrigation to enable the country produce enough food. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to second this Motion by Sen. Kittony. Under the Fourth Schedule, one of the obligations of county governments, and I would like to refer to it for purposes of the HANSARD, Article 10 says that the county governments are under obligation to implement specific national government policies on natural resources and environmental conservation which includes soil and water conservation. Mr. Speaker, Sir, although the Constitution and its framers had envisioned that county governments would implement national policy with regard to water conservation, I am not certain that there is a deliberate policy on water conservation, as a result of which we are actually starring at a disaster in many ways. After the reclamation of the Mau Forest, we now have a natural disaster in Baringo where the lake has overflowed its banks and houses have been covered by water, necessitating people to vacate their homes. This demonstrates that there is so much water and we do not know what to do with it. This just demonstrates that although we wanted to conserve the forest, we did not think beyond the conservation of that forest as a result of which we now have so much water. The other day, I had the privilege, courtesy of Sen. Orengo, to travel to Siaya. As we were airborne, I realized there is no reason this country has a problem with food because there is so much water in Trans Nzoia and other places. However, this water is flowing all the way to Egypt. We are not making use of Lake Victoria. There is no meaningful agriculture being carried out by the people around this lake. This water is not being harnessed or used to serve the community. Mr. Speaker, Sir, there is also a problem because although the Transition Authority (TA) has devolved some functions with regard to county governments, they have not given the functions of managing of forests to counties. There is confusion that counties are managing their functions without managing water resources. This is because the Government does not have a policy. If you cannot manage the forests, you cannot manage the water sources. Mr. Speaker, Sir, Makueni County is one of those counties which are tremendously disadvantaged. There is a place called Mutembuku in Makueni which borders Kitui and Makueni. It would surprise you that these people have not seen rain in the last four or five years. The interesting thing about Mutembuku which is in Makueni/Kitui is that Athi River passes through that area. It is a fallacy for people to ask for rain yet there is water, and rain amounts to water. The Government is watching as these people are suffering and nothing is happening. In our County Integrated Development Plan (CIDP) in Makueni, there is a programme for constructing a dam between Athi River and Thwake. The cost of that project is Kshs32 billion. As we wait for the national Government to provide funds and provide donors for this particular facility, water is being wasted. The water is being drained into the Indian Ocean. It is not helping the people of Makueni. If there was a policy for water conservation in the country, it would be possible that the people of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

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

Mr. Speaker, Sir, I rise under Standing Order No.45 (3)(b). If you allow me, so that we are on the same page with the rest of the Members, this Standing Order says:- “If the Speaker is of the opinion that any proposed Motion:- (b) is contrary to the Constitution or an Act of Parliament, without expressly proposing appropriate amendment to the Constitution or the Act of Parliament; the Speaker may direct either that, the Motion is inadmissible, or that notice of it cannot be given without such alteration as the Speaker may approve.” This is a very important Motion and having scrutinized it, I am afraid we might set a precedent where a good Motion will be passed when, in fact, the bottom line is that it is unconstitutional. I would like you to find support of what I am saying in Schedule Four, Part Two, the functions of the County Government, if you go to Nos. 10 and 11. For example, No. 10 reads as follows: “Implementation of specific national government policies, natural resources and environmental conservation including soil and water conservation. No. 11 says: “County public works and services including:- (b) water and sanitation services.” Mr. Speaker, Sir, I am rising to request that the Chair reconsiders and redirects that this Motion be redrafted so that the attempt by this Senate to urge the national Government be found to be unconstitutional. This will give an opportunity for that amendment whereby the Senate should be urging the county governments and not the national Government. Under the new Constitution, this function has been taken away from the national Government. If you so direct, then either my suggestion would be that we give the Mover an opportunity to redraft the Motion, or you allow me to move an amendment Motion, so that instead of the words “national Government” it reads “all county governments.” Mr. Speaker, Sir, I beg for your directions.

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

What is it, Sen. Abdirahman?

Mr. Speaker, Sir, I would actually not have raised this issue if Sen. (Dr.) Khalwale was seated next to me. I would have simply whispered to him. But I have listened keenly. The Motion talks about formulating policy whereas what is raised by Sen. (Dr.) Khalwale says “implementing policy.” I think it is the preserve of the national Government to formulate policies where county governments are not able to. I feel the Motion is in order. But we will wait for your guidance. 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.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I support the sentiments of the Deputy Senate Minority Leader. I also wish to add that the same Schedule Four---

Acting Senate Minority Leader!

(Sen. (Prof.) Kindiki): Yes, the Acting Senate Minority Leader. Over and above what Sen. Abdirahman has said, the first part of the Schedule Four says among the functions of the national Government is:- (2) the use of international waters and water resources. Therefore, the use of water resources is a national function. In the scheme of things in this Schedule, water resource is one of the functions where both the national Government and the county governments enjoy concurrent jurisdictions. So, there is nothing unconstitutional, but we wait for your direction.

Hon. Senators, the Senator from Kakamega County has raised the issue of unconstitutionality of the Motion. The other two Senators have responded. While appreciating that the Senator for Kakamega County is usually hawk- eyed; in this particular case, he exceeded his brief.

As correctly pointed out by Sen. Abdirahman and supported by the Senate Majority Leader, if you look at Schedule Four, the Distribution of Functions between the National Government and the county governments, Part I, item (2) says:- “The use of international waters and water resources” Item No.22 says:- Protection of the environment and natural resources with a view to establishing a durable and sustainable system of development, including, in particular— (a) fishing, hunting and gathering; (b) protection of animals and wildlife; (c) water protection, securing sufficient residual water, hydraulic engineering and the safety of dams; and (d) energy policy. I emphasize number (c) on securing sufficient residual water. This is the heart of this Motion. If you look at the one listed as item No.10 on Part 2 of the functions of County Governments, it says:- “Implementation of specific national government policies on natural resources and environmental conservation, including— ( a ) soil and water conservation; and ( b ) forestry. County governments, therefore, can only implement a national policy which is a function of the national Government. The Motion is urging for those policies to be formulated by the national Government and implemented by the county governments. So, we cannot talk of implementation which is an obligation imposed on the counties before the policies are there. 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): Thank you, Mr. Speaker, Sir, for this opportunity. I rise to congratulate Sen. Kittony for this Motion. She is emerging as a Senator who is very passionate about the protection of our environment. If we had a few more Senators of such calibre, we would really help this country. Other than the crisis that we are talking about in this country in terms of the deteriorating security, there is a huge crisis. This crisis is an ecological one. Our country is becoming more untenable to live in because of ecological challenges. The places where we expected rains to come periodically and regularly are not experiencing those rains. The dry lands are getting drier while the wetlands are no longer there. The water towers are getting depleted. Therefore, as we think about other aspects of physical security, we should look at the sustainability of our environment and the ability of our country to keep us alive and satisfied. I want to thank the Mover of this Motion for bringing it before this Senate. I fully support this Motion. Right now, there is a lot of pressure on water. Kenya has been identified as one of the water scarce countries in the world. In spite of the recent good news that we have adequate aquifers, especially in Turkana County and other places in the north, Kenya still remains a country which is water scarce yet the uses of water in industrialization, domestic use, irrigation, social and religious functions cannot be over emphasized. In supporting this Motion because enough examples have been given, there are countries with less water and they are more productive than Kenya because they have managed their resources so well. The water that is available for agricultural production and industrialization in those countries, is more than what we have in this country. Mr. Speaker, Sir, the Jubilee Government is very conscious of the need for sustainable conservation of the environment. In any case, the Constitution has a specific Chapter on Land and Environment; Chapter 5. This chapter constraints us to put in place mechanisms that will preserve our resources, including water resources. Time has come for us, as a country, to understand that water is a finite resource. It is not infinite. Therefore, we must come up with ways of ensuring the country conserves the water that is available. One area of wastage is the rain water. You will be shocked if we just applied very simple technologies to make sure that when the rains come, we are able to harvest even a fraction of that water. We will not need to pressure our rivers. Right now, we are talking about irrigation. There is a lot of pressure for irrigation to be done. The Jubilee Government has committed itself, for example, in expanding the land under irrigation by one million acres. That will have an effect on the quantity of running water in our rivers which will be made available for other uses, especially for counties and parts of our country which are situated towards the last segments of those rivers. The upper riparian areas may get enough for irrigation. I am not sure about the lower riparian areas. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. Is the Senate Majority Leader in order to mislead the House that the Moi administration was in the forefront when, in fact, we know that the Mau Forest was destroyed and land given to politically-correct individuals, relatives and members of the military? Is he in order to use the Floor of this House to mislead the Republic that we have anything to say in praise of the Moi administration when, in fact, they destroyed our economy and environment?

Order, Sen. Khalwale! If you cared to listen carefully to what the Senate Majority Leader was saying, he talked of that contribution with respect to soil conservation. That is in the public domain. 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): Thank you, Mr. Speaker, Sir. I was very careful because I do not support many things that happened during the time of the Moi Government. I said that every government has its own challenges. Past, present and future governments will have their own challenges. But we also need to give credit where it is due. That is how we can make ourselves respectable citizens in this country. I talked about the building of gabions. There was a permanent commission on soil conservation and other things. But forests were destroyed, that is something that we will criticize another day, when we will be talking about forestry. Mr. Speaker, Sir, I just want to make one last point. I want to link water conservation and devolution. What devolution is doing is to try and make sure that our country achieves equitable development. There is no way---

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

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, let me accept the information from the Senate Minority Whip.

Mr. Speaker, Sir, for the first time, I want to concur and support the Senate Majority Leader. But he has forgotten that President Moi initiated efforts to build gabions all over the country, actually by himself lifting stones to build them.

(Sen. (Prof.) Kindiki): Excellent!

Mr. Speaker, Sir, protect me because there are so many points of order, which have nothing to do with water harvesting, but politics.

Sen. Kindiki, I do not know how you do your counting. This will be the only second point of order, from the same source. So, let us allow him.

On a point of order, Mr. Speaker, Sir. I beg that you forgive and allow me to get away with the word “conspiracy.” Could it be purely by accident that there is a conspiracy by some of the beneficiaries of the injustices of the Moi system to come and defend the same injustices that they visited upon the Republic? This is because powerful politicians partook of the land in Ngong Forest, Karura Forest, Mau Forest, Kakamega Forest and many others. If there is any Member here who has a personal interest, they better declare it before they defend the failed Moi administration for how they took our country backwards.

On a point of order, Mr. Speaker, Sir. With due respect, would I be in order to say that Sen. Khalwale has moved out of the Motion that we are actually discussing and started talking about stealing land and corruption? How is that related to this Motion? If he has evidence to that effect, why can he not bring a Motion and say so- and-so took this and that and should be compelled to return it? Could he withdraw those remarks?

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. Khalwale! You do not respond to the challenge by Sen. Muthama, because it was thrown to the Chair. I wish to say the following. I agree completely with Sen. Muthama. You are irrelevant and imputing improper motives on other Senators. You have talked of beneficiaries and a conspiracy. I thought that Sen. (Prof.) Kindiki, in responding to your earlier point of order, was so clear that we are not talking about the absolute impact of a leadership of a particular era. He indicated that in respect to a specific effort, leadership was provided from the top. That was the example that he was using. He was abundantly and manifestly clear that there was really no room for speculation or thinking otherwise. The only thing that Sen. Muthama did, for the good reason that his county happened to have been the theatre of the operations, was to confirm. I think that the challenge has been thrown to you. If you feel like that you have those other issues that you want to raise, the Floor is yours. Get your Motion ready, bring it, I will approve it and then you will wait for contributions from the other Senators.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, finally, regarding water harvesting, the only way that devolution can work is if we not only devolve the administration of Government in this country, but also keep our populations in our counties. The only way of keeping those populations there is by making sure that, for example, there is adequate water for industrial use. If we want to make agriculture a profitable business that can keep our young people in our rural areas, we must have adequate water for irrigation. I just wanted to link equalization of the country with proper water harvesting policies, which can then be used to spur industrialization and agribusiness. Mr. Speaker, Sir, with those many remarks, I support.

Mr. Speaker, Sir, I rise to support this very important Motion by Sen. Zipporah Kittony which relates to the formulation of a water harvesting policy. Mr. Speaker, Sir, in areas where I come from, particularly in the north, where there are persistent droughts, if only we focused on water harvesting, we would not have suffered so much. Unfortunately, this did not happen in the past, but probably, now that water has become a major function for county governments, the national Government is only left with matters, particularly that relate to policy formulation. Where we come from and even in areas like Turkana County, where you come from, people have been put on permanent food aid from Independence. Even with the little amount of rainfall that we get annually in our areas, if we harvested it, we would have actually done something very important. In the past, the management of water was vested mainly in the national Government. Mr. Speaker, Sir, even with the formation of the regional water authorities, like the northern Kenya water services board and all others in the other regions, nothing much has been achieved. The only focus has actually been tapping the ground water potential. Nobody thinks about harvesting what can be obtained. People start looking at boreholes and would want to go and do a dam. I think that it is because of the amount of money that is allocated to these major projects and the greed on the part of Kenyans, particularly those who are charged with the responsibility of delivering services to Kenyans. Why 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, Bw. Spika, kwa kunipa fursa hii, niunge mkono Hoja hii. Kwanza, nimeamua kuzungumza katika lugha ya Kiswahili ili ujumbe wangu uwafikie watu kule mashinani. Hawa ndio watu ambao hujishughulisha zaidi na kuhifadhi maji. Jambo la kwanza ambalo ningetaka kusema kuhusiana na mambo ya kuhifadhi maji ni kwamba maji yanayopotea kunaponyesha ni mengi sana. Maji haya yangewasaidia wakulima kupata mavuno kwa njia inayofaa. Itakumbukwa vizuri kwamba thuluthi tatu ya mchanga tulio nao katika nchi yetu umekuwa na kile tunachoita kwa lugha ya Kiingereza ‘hard pan’ ama meza ya maji. Mara nyingi, maji huweza kupotea kwa sababu ile meza ya maji iko juu sana karibu na mchanga kwa sababu mara nyingi urefu kwenda chini ni kama futi moja. Wakati mwingi huwa tunaachwa bila maji kwa sababu mchanga wenyewe hukosa kuhifadhi yale maji. Tumeona mara nyingi wakati kuna trakta ambayo iko na jembe lake iliyotengezwa mahasusi kubomoa ule udongo ndio maji yaweze kuingia chini ya mchanga ndio yahifadhike. Lakini wakati mwingine kukishapandwa mimea, inakuwa vigumu sana kwa yale maji kuhifadhika kwa muda mrefu. Kwa hivyo, tujaribu kuiga vile kulivyofanywa kule California katika miaka ya mwisho wa 1960s, ambapo waliweza kutengeneza dawa ambayo ingeweza kusaidia kubomoa ule udongo ili uweze kuhifadhi maji ili ile mimea iweze kutumia yale maji kwa muda mrefu. Yale maji huwa yanarudi kutumika wakati wa kiangazi na inafanya mimea kuwa mizuri ama inakua maridadi sana kulingana na soko. Bw. Spika, nikiunga Hoja hii mkono, ni vizuri pia kusema kwamba wahusika wanaokuza mimea yetu pia wafikirie vile wanaweza kutumia hiyo dawa ambayo inatumika kule California ili udongo wetu pia uweze kuhifadhi maji kule chini kwa muda mrefu. Kwa kufanya hivi, maji haya yataweza kutumika na mimea hata wakati wa kiangazi. Wakati mwingi tunapoona mimea yetu ikikosa kuwa na ile afya nzuri; na hata wakati mwingine unakuta uzito wa zao kama la kahawa unapungua sana, ni kwa sababu wakati wa kiangazi, mimea inakosa maji ya kutosha. Kwa hivyo, inapunguza ule uzito na pia hiyo inapunguza afya yake kwa njia kubwa sana. Kwa hivyo, ili mazao yetu yawe mazuri, ni vizuri tuhifadhi hayo maji ndio wakulima waweze kuwa na ukulima bora pia wakati wa kiangazi. Bw. Spika, kwa haya machache, naomba kuunga mkono Hoja hii.

(Hon. Ethuro)

Mr. Speaker, Sir, thank you, for giving me this opportunity to contribute to this Motion and to join my previous colleagues in thanking Sen. Zipporah Kittony for being passionate as to how we use our God-given resources. Mr. Speaker, Sir, as rightfully stated here, we are like a people who have not put any mechanism to harvest and utilize the rain water. There are so many devastating disasters that have occurred as a result of the natural rain that comes. If we were able to tap or harvest rain water, this would solve some of the problems that we normally encounter every year in various famous spots like Budalangi, where, people cry looking for help from the Government at around April-May-June when we have the heavy rains. Another example is River Nyando, including as late as yesterday when I was looking at the television; they were showing that lady who was having a rallying call, calling upon the Government and the President to assist her. They were showing her still wading, as she was marooned under this water. Mr. Speaker, Sir, God gave us this privilege and made man to think---

(Hon. Ethuro)

Yes, I did, yesterday.

(Hon. Ethuro)

And they looked as new as---

(Hon. Ethuro)

Thank you, Mr. Speaker, Sir. As a result of this, we have ended up harming ourselves for not utilizing the intellect that we have. Mr. Speaker, Sir, we should use the capability that we have to produce enough food and reduce the main problem we have encountered and continue to encounter in Kenya for ages since 1963. At Independence, the founding fathers of this great nation resolved to fight hunger, ignorance and disease. As I speak, these are major problems which have continued to bedevil this country for a long time. If we formulate good policies, we will be able to compel every household to harvest rain water. If we did so, we will reduce problems facing this country by a big margin. We must come up with a policy that will compel all engineers and architects not to approve any building plan if it does not provide for water harvesting and storage facilities. We have our own ‘engineer’ here, Sen. Wamatangi; I am told he is associated with tanks which people use for harvesting rain water. But, Mr. Speaker, Sir, I know of one family in Njoro that, for a long time, have decided to harvest rain water in their five acres of land where they keep dairy animals. They believe that even if there will be no rain for the next five years or so, they will continue with their farming activities. For the next five years, whether God gives us rain or not, that farmer has his own rain water stored. This really challenged me when I saw Dr. Owuor and his wife, Prof. Mary Ambula, storing water to the extent that now, they are the leading producers of maize per acreage in Kenya. We have not heard of a farm that produces over 50 bags of maize per acre in Kenya; but here we are talking about 75 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. Speaker, Sir. I stand to support this Motion. We know that water is life. Our Constitution, under the Bill of Rights, recognises that every child has a right to life. By extension, therefore, every child in Kenya has a right to keep on drinking clean water and to have some for other uses. Our country is very unique. Perennially, we have two problems; that is, drought and flooding. This happens in the same country. We know that around a certain time, people living in certain regions, for instance, near the Kano plains of Nyanza, have to migrate to the uplands because it will be flooded. However, in a few short months, the same people experience drought. In one part of the country, you may be experiencing perennial drought while in another part, we have floods throughout. This begs for answers as to why, 50 years after Independence, we have not come up with a broad policy initiative that can compel the national Government, in collaboration with the county governments, to put in place initiatives of water harvesting. Some counties like Turkana and others which have sufficient rainfall throughout the year can harvest enough water to sell to other counties if need be. Currently, we have multi-sectoral policies spread in every other department of the government. In the past Government, if you wanted to deal with issues concerning water, you had to refer to the policies from the Ministry Water and Irrigation, the Ministry of Agriculture, the Ministry of Forestry and Natural Resources. All these Ministries had something to do with water. All we need is a platform that conducts a study even before we come up with new policies. The existing policies spread in several sectors, departments and Ministries of this country should be consolidated into national water policy that can then be given to the counties for implementation in a structured way. We are experiencing a lot of unfavourable climatic conditions in this country and yet we can still feed ourselves. If only we could harvest water and come up with policies that can allow us to be food sufficient, we could produce even more food. One other thing we need to do, as we support this Motion, is to carry out individual situational analysis per county. Not all counties experience the same challenges. Even those with perennial drought conditions need a situational analysis that will compel the county governments to move in a structured way and implement the policies in a structured format. Apart from that, as I have said before, we need to develop a national policy and strategy framework that can allow us a platform to engage with counties in areas of capacity building, information dissemination and others. This will also allow us to relook into the Vision 2030 which has a very good proposal on this issue. 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. Speaker, Sir, for allowing me to contribute to this Motion. This is one of the Motions that Kenyans need to follow and be articulate about. This is one Motion that we do not need to learn more about from Korea. We do not need to go to China or Malaysia to compare so as to set up tanks. We have all the natural factors that would allow us to construct, maintain and conserve water, be it rain or river water or even from our boreholes, so that our people can benefit from it. It is important to note that Kenya is, somehow, advantaged because of its physical locale. You will find that most of the water catchment areas and river sources traverse the dry areas and to the mouths of those rivers. To me, that is a great advantage. Some river sources are located in areas which are very dry, but move to areas that have water like River Niger. River Niger, therefore, is not used so much to assist mankind. Here in Kenya, we are lucky because some rivers like River Tana have their sources at Mount Kenya. The Athi River comes from the Aberdares and flows into the Indian Ocean and traverses through the dry areas of Ukambani. This is what we are concerned about. Rivers pass through very dry areas and before they pass through these areas, they come from heavy rainfall areas. They, therefore, transport a lot of silt. The silt is deposited into the Indian Ocean to feed marine life. As a result, the good rain water erodes soil of very fertile regions and the fertile soils are drained into the ocean. That is what the Motion is articulating. The Motion is telling us that if we are not careful, we are likely to have all the top soil carried and taken to the ocean. The fertile areas will then become very infertile and we will then resort to using heavy manure systems and fertilizers. The Motion states that we should have a policy in place. This should be compulsory for anybody putting up a house, particularly a permanent house. The builder must make sure that there is a tank which is constructed before the completion of the house. This should be a mandatory requirement. The tank should have a capacity to hold over 1,000 cubic litres of water. I would urge that the Government makes sure that any new house under construction should have in its plan a tank. Madam Temporary Speaker, you note that if rivers from those heavy rainfall regions are not conserved, the water will keep flowing. As it flows, it loads a lot of soil both laterally and vertically, thus deepening the river valleys and transporting the fertility of the soil to the sea. This Motion is urging the national Government to attend to this source because it is very important. Going by the examples we have here, we have heavy rainfall from the Cherangany Hills, the Aberdares and Mount Kenya. But to my surprise, every time we have heavy rainfall in those areas, the people who suffer are those who live in the lowlands. Last night I watched a woman crying on television for the Government’s help because the Nyando area is flooded. The inhabitants of that place are now running away to occupy the uplands in Nyabondo. This is creating anxiety among the residents. We should protect Kenyans so that they recognize that we have a Government. For how long are these people going to suffer from floods when we are able to put up a barrier across 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. I stand to support this Motion. The way the Motion has been framed gives great hope. The Mover of the Motion thought like an African woman, a mother and a grandmother. I am saying so because the need for water in this country speaks volumes. Sen. Kittony must have suffered and witnessed women suffering in this country. Since 1963 when we attained Independence, the blueprint for the then Government of President Kenyatta guaranteed or promised Kenyans that by the year 2000, every household would have tapped water. Up to the time the founding father of this country left Kenya, there was no homestead with tap water. When Moi took over, the promise and the guarantee given to Kenyans was the same. When Kibaki took over after Moi’s 24 years of leadership, the story was the same. Today we are being told that one of the top priorities of the Jubilee Government is to give Kenyans water. We have failed to control what God gave us. We have a country that never misses rain every year. We have major rivers that draw water from all corners of this country and flow into Lake Victoria and the Indian Ocean. I agree with you that Kenya is a unique country. We have resorted to drilling boreholes in areas where the amount of water which is being realized after drilling cannot be used by 200 people per day. You will find that such boreholes cost between Kshs8 million and Kshs12 million. Successive 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 to support this wonderful Motion from a great leader. When we talk about water, people from my county understand what that means. They know we are talking about true life. One hon. Senator said that in some areas of my county, the great ladies of that county use 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. Just for clarification because of the HANSARD record, I have heard Sen. Mositet talk of a current Prime Minister. Do we have a current Prime Minister?

Madam Temporary Speaker, it is good for Sen. Muthama to know that I have friends who are prime ministers in other countries. I was talking of the Prime Minister of Algeria. That great leader of that nation told me that when he was the Minister for Water in his country, they made sure that 50 per cent of their budget was utilised to make sure they conserve and harvest rain water. Since then, that country has changed. They are now able to feed their people well. They do not have water problems as happened before. Our country has reached a point where we need to come up with a policy framework to make sure that rain water is harvested. If possible, we could ask our engineers to estimate the amount of runoff water that goes to waste. I am sure if we are able to estimate the amount of water that goes to waste, the amount people use and what we need, then we can ensure that we dedicate some budget to see to it that the water that goes to waste is harvested and utilized appropriately. Madam Temporary Speaker, whenever it rains in Nairobi we have a lot of rain water which disturbs operations in this town. I believe that we still have areas where we can preserve that water. We can even use the same water to wash our roads and make sure that our round abouts and the recreational areas are better than they are today. Nairobi will look cleaner and greener. We do not want to see a lot dust. I believe many Nairobians drive when their windows are closed simply because the environment is unfriendly, dusty and unclean. If we could follow the route I am recommending, the City of Nairobi will change. I know that some rivers in our country are seasonal. If we could only dam those rivers then they will not be seasonal, but they will be flowing throughout. I echo the sentiments that after making sure that our great forests are preserved like the Mau Forest, we have had more rain. We need to store rain water like in Baringo County. The Government needs to wake up and ensure that the people in Baringo, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Bi. Spika wa Muda, maji ni uhai. Katika mwili wa binadamu karibu asilimia 80 ni maji. Unahitaji kunywa maji yasiyopungua glasi nane kila siku, ama sivyo hutaishi. Sio sisi tu lakini kwa viumbe vyote ulimwenguni vikiwemo wanyama, miti na kadhalika. Kwa hivyo, ombi la Mama Kittony kupitia Hoja hii ni kwamba Serikali iwe na mpango kamili wa uhifadhi wa maji kwa kila jamii, kwa sehemu zote 47 za ugatuzi hapa Kenya. Bi. Spika wa Muda, hili swala limekuja wakati mzuri. Nafikiri ni Hoja ya maana zaidi kuliko Hoja zote ambazo tumeshaongea katika Seneti hii. Hivyo basi, ni lazima tutafakari na kufikiria kwa undani kabisa, tukitoa mapendekezo yetu kwa wale ambao wamepewa uwezo na kuwatumia ili kuendeleza jambo hili la uhifadhi wa maji. Sasa hivi, tunajua kwamba Jangwa la Sahara linasonga kusini kwa kiwango cha kilomita 45 kila mwaka. Hatujui itachukua muda gani - lakini hili linaweza kuthibitishwa kwa hesabu - kutufikia sisi na Kenya nzima kuwa jangwa, hasa vile kwa sababu tumeanza kuyatoboa maji ardhini na kuyafyonza. Hii ni sababu zaidi ya jangwa kuenea. Huku Kenya, nafikiri kuwa saa zingine Mungu hustaajabu. Mvua ikinyesha na kuwe na gharika, Wakenya huanza kulia. Waislamu kwa Wakristo huanza kusali wakisema: “Oh Mungu, mvua imekuja zaidi. Tuondolee janga hili. Twakushukuru.” Punde si punde, mvua inakatika. Baada ya mwezi mmoja au miwili, tunaanza tena kulia 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. Liza Chelule.

Thank you, Madam Temporary Speaker, for giving me this particular moment to support this Motion. I want to thank and congratulate Sen. Zipporah Kittony for coming up with this wonderful Motion. It is a Motion that is touching on women in the country, and this is what I like, as usual. I wanted to support it this way, but I believe we have some policies on water but the problem in our country is how they are supposed to be implemented; the implementation part of it is the worst problem. I want to take this opportunity to request the Committee on Implementation to look at all those Motions we have passed in the form of policies to make sure that they are implemented at the county government level. We all know that it is the mandate of the national Government to formulate policies, while it is the mandate of the county government to implement these policies. But surprisingly, every time you want to know whether something has been implemented, normally if it is related to budgets; we are told that it has not been budgeted for. So, it is my humble request that as Senators, we should make sure that every policy or Motion that we pass in this House is implemented to the letter, because it is not going to help us with anything to just pass Motions to even urge the Government to come up with policies on many issues when the implementation part of it is the problem. So, the problem in our country is the implementation. Madam Temporary Speaker, there is this issue of the international agreements that have been signed between Kenya and other countries about our waters; that we do not have control over our waters. You know at this particular time, we cannot use our water the way we would want to and our children are suffering. As Senators, I think we also need to decide what to do about these conventions, agreements or whatever else they are called; the kind of agreements that we did with Egypt. The fact that we cannot freely use our water in Lake Victoria is so embarrassing. But as we stand today, we do not have powers to use our water. We all know that we have idle youth and as I stand here today, there are so many youth who should be dedicating themselves to farming and irrigation at home, but they cannot use these waters freely. I once went to Kisumu and saw so many idle youth there; the women were suffering, that place is very hot but they cannot use that water from Lake Victoria. So, I think as Senators, it is our mandate to come up with a way of addressing the issue arising from those funny agreements. Madam Temporary Speaker, I want to congratulate Sen. Zipporah Kittony for coming up with this Motion and I want to say thank you for giving me this time. With those few remarks, I beg to support.

Sen. Hargura Godana.

Thank you, Madam Temporary Speaker, for giving me this opportunity to contribute to this very important Motion. I would like to join my fellow Senators in congratulating Sen. Zipporah Kittony for coming up with this very important Motion because as we say, ‘Water is life.’ But for some of the residents of the arid regions of this country, searching for water itself – leave alone water being important for living – is a full time job. Where I come from, sometimes mothers will leave home 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, Madam Temporary Speaker, for giving me an opportunity to contribute and to support this Motion. First, I would like to thank my fellow Senator, from Trans Nzoia, for this very important Motion which is of concern to every citizen, particularly women. She knows the problem of women because she was the Chairperson of Maendeleo ya Wanawake organization for many years. This country, as you have been told, faces water scarcity. We have also been told that food is scarce in this country. This country is also energy scarce. However, when you look at it deeply, I think that is not the correct position. We are a blessed country, well endowed with all the things. We have the potential to have everything that we are being told is scarce. If you compare this country with other countries, with regard to water, I do not agree that the resource is scarce. We have mountains and water towers that are a source of water because of the relief rain that we get almost throughout the year. We have Mt. Kenya, Mt. Kilimanjaro at the border where water flows. We also have Mt. Elgon, Mau Forest, the Aberdares, Cherengany, Ngong and Kisii hills, among others which are a great source of water. Unfortunately, all these water flows elsewhere to feed the Indian Ocean and the Mediterranean Sea. Some of it just evaporates. If we could conserve and harvest this water, no citizen of this country would talk about lack of water or food. If you have had an opportunity to fly, on a clear day, over a country like Algeria or Libya which feeds herself, despite the dessert, then you would appreciate that we are blessed. We are not a country that is experiencing scarcity. These countries have irrigation schemes within the dessert where they have sunk boreholes. They draw water and irrigate the farms. We are not a country of scarcity. Due to our inability to conserve water, we have situations where many families do not have adequate water for drinking and for other uses. Young men and women spend many man hours in the exercise of looking for water and yet we have rivers. We have rains. Even in those areas that we classify as arid in Kenya, if you go to Nigeria or Namibia, you will realize that our arid areas are not really arid, the only problem is that we are not harvesting the water. We are letting it go to waste. Madam Temporary Speaker, we have a lot of potential to grow our livestock sector and to grow enough livestock and produce livestock products for export to earn us 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. I thank Sen. Kittony for bringing this Motion to the House. This is a very reasonable Motion. There are issues which it brings forth which are simple but reasonable. Rain water is clean water. We might not recognize this until you are in Europe where rain water is acidic and therefore cannot be put to good use. We do not have to look to Europe to know how to use rain water because they do not use rain water for reasons of industrialization. We are not industrialized enough to spoil our atmosphere and, therefore, rain water is clean water. This is why it is important to look to rain water for its usefulness. Rain water is always at the right altitude for use. All houses in this country and those at the hill tops are still below the rain water level. Therefore, there is no additional cost to lifting the rain water from wherever they are to their homes. A lot of times we are unable to use water because of the cost implication of raising it to the altitude at which we want to use it, where our homes are and where our storage is. I think the policy of harvesting water is very reasonable. We should look at it very closely. Madam Temporary Speaker, if we are able to harvest rain water, we actually regulate the flow of that water. This is because we stop it at various levels and allow it to move on to the next level in a gradual manner thus not being destructive. Harvesting water is a way of regulating the destruction force of massive amounts of water flowing 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 golden opportunity to contribute to this timely Motion. Before I proceed with my contribution, I wish to thank the Mover of the Motion, Sen. Kittony. Harvesting of water is very important. We need to push for this in our counties. Water is very important in our lives. I come from Tana River County where we have the Tana River which flows to the Indian Ocean. We are wasting water when the people of Tana River are dying because they lack clean water in some places. Most of the water just flows to the ocean. So, water harvesting and utilization is very important. We need to have a clear policy on how the people of Kenya will get water. Water is life. Without water, there will be no development in many areas. We need to prioritise the water resource in Kenya. Water harvesting can be combined with utilization. If you harvest 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. I want to thank the Mover of this Motion. I have known her for a long time. As far as I know, she has always fought for women. God is great that she is now in this House to be able to fight for women properly. Madam Temporary Speaker, the times I stand here may be I am found to be unreasonable but I always like to say what I think is right. For example, we do not know whether there is a clear national policy on water development. If we have, the persons who are supposed to tell us what it is are not available in the House. For example, it was the practise of the National Assembly, and this was under the old Constitution, that we used to have a Minister or Ministry under which the Motion falls, he or she would explain the situation as it is. He or she would tell us what they are aiming to do or what they have already done. But we are just talking in a situation where we are not sure whether we are right or wrong. Although we have the privilege of talking the way we want to, but the important thing is whether we are achieving anything out of this talking. For example, I would want to see the Chairperson of the Committee on Agriculture, Lands and Natural Resources here. He ought to have spoken immediately after the Mover and the seconder of the Motion. He, for example, could guide this House on what they have done and what the Government wishes to do. But we just talk about issues of water. It is true that issues of water are not new to us. Majority of us come from dry areas. We have seen water flowing into the ocean with nobody trying to use that water for development. There are many things that we are not clear about. Next time, and this is my appeal to the office of the Speaker, we should make sure that when we are talking about a certain department, the chairperson of the relevant committee needs to be in the House. If we were following the previous practise, the Minister could not leave this place until the last minute, so that he or she takes all the notes and immediately he or she will take the notes to his or her Ministry and deal with the issues that have been raised by Members of Parliament. But we just conclude it here and say that it should go to the Committee on Implementation. I agree that the Committee is charged with the responsibility of working to have all the Motions implemented but we ought to know what has not been implemented from this House, so that it goes to the HANSARD. Otherwise, if we just contribute here and hope that the Committee on Implementation is the answer to all the problems that we have, I think that we are losing direction. Madam Temporary Speaker, it is not true sometimes to say that there is no national policy on water. Maybe, we are just ignorant of what is in our archives or books. So, I think that it is important for us to be sure that what we are fighting for is the correct 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. I rise to support this Motion as a true witness to the humiliation, suffering and tragedy that is the lack of clean water storage facilities for our families and people in our country. Madam Temporary Speaker, about ten years ago, I started a programme after visiting communities in my work. What I encountered and saw forced me to make an about-turn and get myself actively involved in the cause of providing clean water storage facilities for our families. I remember visiting an arid area which borders Narok and Kajiado. I encountered a group of about 80 to 100 women who had formed a women 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. Elachi.

Thank you, Madam Temporary Speaker. I also rise to support this Motion and thank the Mover of the Motion, knowing very well that water is an issue that is very passionate to women; knowing very well that water is life. Madam Temporary Speaker, I will start by the story from Nyando. When I look at Mrs. Adika, crying every day on Citizen Television such that today people have even taken advantage of her plight and they have made a ringtone; they are earning money and the poor woman has been left in poverty because of rain water. Madam Temporary Speaker, as we speak of harvesting rain water, we remember our women in Turkana; that once in a while, you will find floods in Turkana carrying away women and children, but after one month, the same women will be walking miles away looking for water. If only we can come up with a system and a way of assisting them to learn how to harvest rain water; how to build a house – whether it is permanent or semi-permanent – and ensure that you tap all the water and make a small storage at home where that water can be held and, eventually, the water will help them. This is something that many of our families, especially in the Arid and Semi-Arid Lands (ASALS) have not been able to do. As we speak today, Madam Temporary Speaker, we have those who are benefitting from rain water harvesting. But for us, when I look at Budalangi, what happens when River Nzoia bursts its banks, it will never--- Remember these are natural tragedies and you cannot even imagine. That is one place where one can be killed so easily. But we are saying that if the Jubilee Government is, indeed, going to do the one million hectares of irrigation programme, then the first thing we should ask ourselves is where are we going to get the water? We will not just depend on rain water, looking at how climate change is coming and changing the rain patterns. We might have a very dry season from now to January if we are not careful. But once before, we had very good rains and all the waters disappeared to the Indian Ocean, Lake Victoria and beyond. So, we should look at this issue; we should also look what I and other women go through when looking for water for many hours. There are some areas to date where 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.

It is now time to call upon the Mover to reply. Proceed, Sen. Zipporah Kittony.

Thank you, Madam Temporary Speaker. First and foremost, I would like to sincerely thank all the Senators who have contributed to this Motion. When I moved this Motion this morning, I said that water is life. That has been demonstrated in this Chamber, this morning, by the contributions that have been made. I have been humbled and touched by the sentiments that have been raised. It is crucial that this country addresses this issue as a matter of urgency. While I thank the Senators who have supported this Motion, I would like to say that water harvesting is a lifeline. Rain water harvesting is a good approach to landscape management. I could go on and on because I have already researched on this topic. As a mother, I have listened to contributions in this Chamber and I realised that women have suffered a lot especially those from arid and semi arid areas. There are areas where women have no water 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.

Very well, we will put the question on Wednesday afternoon, next week. Next is Sen. Muthama, Senate Minority Chief Whip.

Thank you Madam Temporary Speaker. I am the Senate Minority Chief Whip. However, in actual fact, I am supposed to be the Whip of the Majority. Due to unavoidable circumstances, I am proud to be the Senate Minority Chief Whip. I stand here to move the following Motion. Madam Temporary Speaker, I beg to move: THAT, aware that Kenya benefits immensely from the global and local fruit market; cognizant that fruits are an important component for better health; 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. Muthama,could you translate that word?

Madam Temporary Speaker, I meant that we are not going to beg anybody for these services. We want the Government to set aside money and take care of Kenyan farmers who deserve to be protected by the same Government. The United States of America, China and Brazil have managed to utilize to the maximum the fruits that are grown in their countries. In the African continent, Kenya ranks fourth in fruit production. The biggest producer is Nigeria, followed by South Africa and Tanzania. Tanzania is facing the same problems that we are facing here in Kenya. South Africa has surmounted them and that is why they are exporting them to Kenya. Looking at the metric tonnes that are produced here, if that is put to good use, we will create jobs for our people. I beg to move and ask Sen. Wamatangi to second this Motion since his county grows fruits like the county I represent and many other counties including those in the coast region and yet there is a lot of poverty in those areas. Thank you.

Madam Temporary Speaker, I rise to second this Motion by Sen. Muthama. This Motion is not only timely, but it should have been brought to this House a long time ago. As is enlisted in this Motion, the hon. Senator seeks to urge the Government to do some things, most of which speak for themselves. Recently, there was a study that was carried out by the Agricultural Business Development (ABD). That study found out that 80,000 households in this region are involved in mango farming. There was a researcher in that study, who also laid down a very sobering fact about our fruit industry. He said that, indeed, mango growing is worth about US Dollars 2.9 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 allowing me to contribute in support of this Motion. If there is a county which would really complain about the Government and lack of support, it is Kirinyaga. There is not a single fruit in the Republic of Kenya which is never grown in Kirinyaga. There are avocadoes, bananas, grapes and so on, but what you will realize is that much as these fruits are grown, they are seasonal in nature. The farmers really suffer because of middlemen and sometimes they are not even taught how to go about growing those fruits. The activities are left to the old to decide and as a result, we waste a lot of resources, which otherwise, would have gone to fruitful engagements which would create jobs and even promote economic development in the country.

Order, Sen. Karaba!

I am sorry, Madam Temporary Speaker. These are modern phones which never go off when we want them off. Madam Temporary Speaker, we are a worried lot and need the Government to come up with a policy. That is what this Motion is all about. It is trying to seek direction from the Government, so that the farmers can be properly directed, advised and made to understand that economic activities are real.

Order, Sen. Karaba! You will have eight minutes when we resume debate on this Motion. This Motion started at 12.10 p.m. and we have a balance of two hours and forty minutes when it will next be on the Order Paper.

Hon. Senators, it is now 12.30 p.m. The Senate, therefore, stands adjourned until this afternoon at 2.30 p.m. The Senate rose at 12.30 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.