Hon. Senators, let us determine if we have a quorum.

Hon. Senators, I am informed that we have quorum. Therefore, we may commence business.

Hon. Senators, I have several Communications to make from the Chair. JOINT MEETING OF THE SENATE AND NATIONAL SECURITY OFFICIALS ON THE STATE OF INSECURITY IN THE COUNTRY As you are all aware, there has been a lot of pressure placed on the Senate by the public to seek for answers on the rising incidents of insecurity in the country. This is confirmed by the number of Statements sought by Senators on this particular issue almost on every sitting day in the recent past. The Chairperson of the said Committee on National Security and Foreign Relations has often been taken to task while trying to respond on behalf of the security department on security related concerns raised by Senators. On many occasions, there have been delays in getting the said responses from the Executive and sometimes, the answers given have been grossly unsatisfactory, compelling the chairperson of the Committee to seek for more comprehensive information. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, thank you very much for making us proud again with a very well-reasoned ruling. I congratulate you because, in spite of very difficult challenges relating to the relationship between this House and our colleagues in the National Assembly, you have continued to steer 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

Order, Senators! While appreciating Sen. (Prof.) Kindiki’s comments, I would just like to remind us that let us not anticipate debate because that matter will come as a message and that opportunity will be there. Sen. Hassan, I had to make that intervention knowing that you are next.

Mr. Speaker, Sir, I just wanted to join my brother, the Majority Leader, Sen. (Prof.) Kindiki, in his assertions. I want to tell you that since you started discharging your responsibility as the Speaker of the Senate, you have never let this House down, neither have you ever let this country down. That demonstrates your conscious ability to discharge your responsibilities not only under the Constitution but to ensure that we are able to transform this country into a truly bicameral system of Parliament. I think you have exercised extra ordinary restraint and patience and I think that has been an inspiration to all of us. So, I join my friend, Sen. (Prof.) Kindiki, in lauding that communication from the Chair and hope that practical steps will be followed so that we can discharge the responsibilities of this House amicably in a manner that defines the decorum of this House and the seniority is placed both as a political fact and a constitutional reality. Mr. Speaker, Sir, I would be looking forward to the other communication so that this House may be properly guided and the nation will be the paramount winner in all that we discharge in this Senate.

Order, Senators! I have the final communication from the Chair. IMPLEMENTATION OF THE SUPREME COURT ADVISORY OPINION IN THE LEGISLATIVE PROCESS Hon. Senators, you will recall that in the afternoon sitting of Wednesday, 20th November, 2013, which was yesterday, while making their contributions to the matter of the Draft Public Finance Management (Uwezo Fund) Regulations, 2013, Sen. Hassan, Sen (Dr.) Khalwale, Sen. Wako, Sen. Murkomen and Sen. Billow raised a number of issues concerning the matter of the legislative process in Parliament. The issues raised by the Senators may be summarized as follows: 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): Mr. Speaker, Sir, I want to join my colleagues who spoke before me in actually thanking you very much for the information in regard to the advisory opinion. I particularly want to thank you because of how you stood as the head of this House all through as we awaited the judgement, not forgetting how you flew from Eldoret on the day of the judgement at the Supreme Court. That has made us assert authority as a House and actually get our rightful place. It is not that we are in competition with the National Assembly but it is important that we understand and our brothers on the other side get to understand that we play complementary roles and in the interest of the country, we need to have concurrence on a number of Bills that affect the people of this good nation. I am also glad to hear that you are talking with your counterpart on the other side and it is my anticipation and the anticipation of a number of people in this House that we shall be able to make much progress as we proceed. Thank you, for your good statements.

Mr. Speaker, Sir, I want to join my colleagues in thanking you for being bold enough and decisive---

Order, Sen. Keter! I hope Sen. Murkomen understands that you are senior in ranking.

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 for that, Mr. Speaker, Sir. I am saying that the decision which you have taken is not political. You have taken that decision in line with the law and I want to assure you that we will support you 100 per cent. Now that some of the Bills have even gone through the Second Reading, I think it would be good for us as a House to originate some of those Bills and we move on. We cannot wait. We cannot be crying and saying that those brothers of ours have passed the following Bills and yet the law is very clear. Therefore, I would suggest that as a way forward, we have all those Bills, subject them to debate here and forward to His Excellence the President as required by law.

Mr. Speaker, Sir, thank you. I also thank Sen. Abdirahman. Before I congratulate you on that communication, I really want to congratulate your humility. Having the head of an important organ, a separate distinct and an independent organ of the Government appearing before another organ which is separate and distinct, being the judiciary, and sitting there throughout the proceedings without uttering a word but hoping that justice will be done in the circumstances, I think was a demonstration of the humility with which you hold the office. I will always remember that because I know a lot of people who take matters to court or submit issues before the arms of Government but they will never have the humility that you showed when these proceedings were before the Supreme Court. Secondly, I thank you for this communication but more importantly, Chapter 8 which deals with the legislature has a Part IV which deals with the procedures for enacting legislation. These are very important provisions for you and for both Chambers of Parliament. If any Chamber of Parliament does not respect Part IV of Chapter 8 of the Constitution, then every law that is being made is being rendered null and void. I am saying this knowing very well that during the proceedings in the Supreme Court, the Executive was represented by the hon. Attorney-General as amicus curiae although he did not have the humility that you have of staying throughout the proceedings. He was there only when he was required to speak but not when he was required to listen. It is my hope that instead of this burden being left to you to consult with your brother in the National Assembly, the hon. Attorney-General of the Republic of Kenya, in performance of his functions as spelt out in the Constitution, must make it very clear because if he does not exercise that function under the Constitution, then I do not know why he is the Attorney-General. He should not be seen to be defending any one arm of Government or any one organ of Government. You are equally entitled to advice from the Attorney-General as is the National Assembly, the Executive and the Judiciary. It is not lost on us that in fact the Attorney-General sits in the Judicial Service Commission (JSC) which is a very important organ in the judiciary. Therefore, I hope that at some point, particularly the leadership of the House; the Majority Leader and the Minority Leader should take steps to talk to the Attorney- General and advise him of the decision of the Supreme Court. It was not a decision which was being made for purposes of cosmetics. That decision is very clear because it spells out a condition precedent that before any Bill is considered by either House, it must be referred to both Speakers. So, by the time the Bill is being read for the First Time without consulting you, there is already a violation of Part IV of the Constitution. If the Attorney- General does not so advise either Speakers or Houses of Parliament, then even him, 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. Ethuro)

Thank you, Mr. Speaker, Sir. Could you protect me from this uncivilized behaviour? Mr. Speaker, Sir, I want to join the Senior Counsel, Sen. James Orengo, in congratulating you for your humility and being a shiny path for constitutionalism and the rule of law in this country. This is, indeed, what is required of all those who hold constitutional offices like the office that you hold. I think we went to court because we had a constitutional right to do so, and when one has a right, the right is an entitlement. I do not think the Senate is here courtesy of the charity of any person. We are not here because of benevolence of any person; we are here as of right and we are entitled to be here.

So, Mr. Speaker, Sir, these consultations that you are going to make, I think you should go there as a person who has rights; as a person who is demanding. You know, when a person owes you money, you have a right to recover that money; so, you do not go begging that “Please, please;” rather, you go and ask “When am I getting that money I gave you?”

Mr. Speaker, Sir, I think we have seen consistent attempts to reduce the Senate into mere political flower girls, and the time has come for us to be united, stand firm, and resist all attempts to reduce the status and constitutional rights of this Senate. Being the first time that we are having a Constitution, how many constitutions were left by 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

(Hon. Ethuro)

Mr. Speaker, Sir, I was going to stand, but I thought Sen. (Dr.) Machage was senior to myself, if seniority was followed. Otherwise, you know Sen. Kiraitu came in and he was asking what was being discussed; and before he sat down---

Mr. Speaker, Sir---

(Hon. Ethuro)

Mr. Speaker, Sir, I have learned; and once I sit there, I will be asking him which school he went to so that I follow the procedure. First of all, Mr. Speaker, Sir, I want to congratulate you and the leadership of this House for taking a bold step. I remember that when the Division of Revenue Bill was signed against our will, at that point in time there were many measures that we put in place. But I think the most brilliant decision we made was to go for the advisory opinion. The magnanimity with which you conducted yourself and the House is commendable, and like Sen. Orengo, who is a Senior Counsel, said, it is rare to see in this country a situation where heads of other arms of Government would be humble enough to go and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Hon. Ethuro)

Thank you, Mr. Speaker, Sir. I know I featured yesterday not in a very positive light. It was definitely not by show of contempt, and I hope that I will be forgiven; I will do as directed by the Speaker. But that said and done, Mr. Speaker, Sir, I also want to congratulate you for really being the mature one in this case.

Mr. Speaker, Sir, I also want to display my utter disgust of the manner that we have had to talk about issues back and forth. Although I did not go to the same school as Sen. Kiraitu, Sen. Murkomen and Sen. Orengo, I went to some school and I am hoping that the literal interpretation or reading that I can do to the Constitution, Article 94(4) really shows that we need to safeguard the Constitution, which has vested all the sovereignty to the people of Kenya. I am hoping that this time round, we will see more action and that those people who are taking your humility – like I said, as the mature one in this case – will not take it to be a weakness. I am hoping that we will see some change and that you can be assured of the support of this House in whatever way we can in order to protect the Constitution of Kenya and the sovereignty of the people of Kenya. Thank you very much, Mr. Speaker, Sir.

(Hon. Ethuro)

Mr. Speaker, Sir, as I thank you and congratulate you for all you have done, allow me to also appreciate the humility of Sen. Murkomen, who actually continued sitting when he realized I was standing in recognition of my seniority.

But in his right, he is also a Chairperson of several Committees and also a Member of the Speaker’s Panel, which makes him quite senior too. Actually, he is more senior than the others who had purported to be senior to him.

Mr. Speaker, Sir---

(Hon. Ethuro)

Mr. Speaker, Sir, being so senior, I was scared to continue standing up. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order! Order, Sen. (Dr.) Machage!

I am sorry, Mr. Speaker, Sir. I withdraw.

Order, Sen. (Dr.) Machage! You have distinguished yourself as an authority on Standing Orders; and I have always reminded you of Standing Order No. 88(5).

Thank you, Mr. Speaker, Sir, for reminding me. I want to repeat; the sense and, indeed, the necessity of respect of law as very much clearly stipulated in Sections 105, 110 and indeed other parts of the Constitution, give us that authority that we deserve not to cry because, as has been put by some of our legislators, speaking out for what is good for us is not crying. It is not at all. It only reminds some forgetful minds that they need to read the Constitution and understand it better. I am very happy that despite you not being a lawyer, I think you are better than most lawyers in this country in your understanding of the law. Keep it up and continue that way.

Mr. Speaker, Sir, I wish to congratulate you for fighting hard for this House. One thing I have observed is that during the induction, if there was any that was done to the Members of the Lower House, something must have gone amiss. This House should request for another induction because that was not done very well. If you go through the Constitution, you will find that it is very clear on this. The Lower House seems to get away with issues. It is my opinion that this House requests for another induction so that the mandate of each House can be well understood by each Member.

Thank you Mr. Speaker, Sir, for allowing me to contribute on this statement and for bringing this House to this position. I congratulate you and I want to say that we have a responsibility as a House. We have to take up our place as the Senate. I attend many meetings where we are not recognized because we do not take up our position properly. If we are to support the ruling that was read very well - I probably should be saying this in a Kamukunji - we should play our role and take up our positions seriously. Mr. Speaker, I hope you are listening to me. While we support your ruling, the Senate should take up its position seriously. If we are invited for any functions, we should take up our place. I support Sen. Njoroge when he says that another induction should be conducted so that Senators know their roles. I am not an elected Senator. I am nominated but I take up my position very seriously.

On a point of order, Mr. Speaker, Sir. Is it in order for Sen. Zipporah Kittony to insinuate that we need another induction? Maybe Sen. Omondi and Sen. Njoroge need an induction but I do not think we can go through another induction. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. I want to make my point clear. When I talked about induction, I did not talk about Senators. I talked about the Speaker and this time I will be clear; I talked about the Speaker of the National Assembly.

Order, Sen. Njoroge! I do not think that is what you said initially. You have changed completely and, therefore, completely out of order. You cannot clarify by adding things. You should clarify what you have already stated.

Thank you, Mr. Speaker, Sir. I also want to add my voice on this important matter. I will start by congratulating you on the way you have handled it. As Members of the Senate are aware, I have been away for a while. The news of the advisory opinion by the Supreme Court is something I got when I was away. I was very happy and excited about it. I had a feeling that this House was moving towards a very dangerous direction. As I stand here, I want to add one word to this whole game of consultation between you, our Speaker, and the Speaker of the other House with regard to how Bills have been coming to Parliament. My observation is that the Bills in the Senate are so far four or five. The National Assembly is talking about Bill No.37. The three arms of Government; the Judiciary, the Executive headed by the President and the Legislature headed by the two Speakers, should take another angle that has to be brought into play. Many of the Bills that are going through the National Assembly, I stand to be correct, emanate from the Executive. The Executive suggests what they want done. The fact that the Bills land at the National Assembly first rather than to the two Speakers of Parliament does not mean that the Bills--- The two Speakers should discuss and I want to ask; do the three arms of Government ever meet? We need to ask this question so that the advisory opinion from the Supreme Court is looked at. There should be a meeting of the three arms of Government.

Thank you, honourable Senators. I would not want us to revisit a matter where I have already given a ruling. However, this is a very weighty matter. I think it is important to emphasise some of the matters you have raised. First, I want to thank you for your positive sentiments. This was not really a matter of your Speaker being in the limelight but the Senate because we passed a resolution to that effect. Without your support, my leadership would not have done much. Two, it was a very humbling experience, as a number of you have stated, to appear before the Supreme Court to make the conscious decision of whether we were promoting the rule of law and constitutionalism or whether we want to go back to the stone age where people fight with rungus, pangas and stones. Considering where I come from, that is not a route I want to take. I listened to two Senators yesterday, Sen. Munyes and Sen. Lonyangapuo, who almost brought a theatre of the chaos in their counties to the Senate. It is very important for us to make a difference. In the 21st Century, in a democracy and a country that believes in the rule of law and these institutions, when the Constitution makes provisions on how disputes and interpretations are handled, then we are in the right institutions. Fortunately for us, our Constitution is very clear and we have the Judiciary to interpret. I could not agree more with the sentiments about the Attorney-General that were raised by Sen. Orengo. I just 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 wish to give Notice of the following Motion on behalf of my boss who is so busy:- THAT, the Senate approves the National Honours Regulations, 2013; laid on the Table of the Senate on Wednesday 20th November 2013 pursuant to Section 14 (3) of the National Honours Act, 2013; signed by Sen. (Prof.) Kindiki.

Next Order!

Mr. Speaker, Sir, I was looking behind where my Chair, Sen. Haji is sitting. There was a Statement that you gave some direction on; this is the matter concerning Sen. Muthama. I hope he has the Statement ready.

Sen. Orengo, you may approach Sen. Haji. I just want to make it clear to you that if you are expecting a Statement, I think one waits for whoever is responsible to refuse to communicate and then you can do a reminder, and particularly when you are in the same neighbourhood. Sen. Orengo would easily have whispered to Sen. Haji and Sen. Haji would have been acknowledged. Proceed, Sen. Haji!

Mr. Speaker, Sir, I want to tell this House that I complied with the instructions given by the Speaker and communicated the same to the Ministry concerned. Immediately you issued that instruction, I beckoned the Clerk of the Senate, went to his office and rang the officers in that office to make this Statement available today. That is not my business. At 10.00 a.m., I rang the same office and I was assured that the Statement will be here. I stand here annoyed and very embarrassed. We are trying to co- operate and assist, but people are not taking us seriously. I may be forced, with the consent of this House to name that office so that the Senate can decide what to do with it. I am sorry I do not have the Statement with me.

Mr. Speaker, Sir, this is a very disheartening report that we have received from a very senior Senator; a Senator who has even served as Minister for Internal Security and even taken up other responsibilities in Government than the Cabinet Secretary. This is just a Secretary not listening to the orders from our senior Senator. We are very disturbed as the Senate and I really sympathize with the Chairman of the Standing Committee on Security and Foreign Relations. I want to thank him for the role he has played to date. He has reminded them three times and even shown his anger on the Floor of the House for that nasty behaviour. 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. (Dr.) Machage! Mind your language. A Cabinet Secretary is not just a mere secretary. He or she is a constitutional office holder with certain specific responsibilities and that recognition should be put in place.

Mr. Speaker, Sir, we have heard what Sen. Haji has said. It is becoming very apparent that we are getting a very raw deal from the Ministry in charge of internal security in this country. Members have been asking for Statements, information and directions because insecurity has become a major problem from the central part of Kenya, to the north eastern part and everywhere else. I think it is demeaning when the Senator has to call officers in a Ministry and they promise him something but they do not do it. He did not even mention the Cabinet Secretary. He meant the Principal Secretary and others. What is clear is that, it has been repeatedly stated in this country by Kenyans across the board that the people who are managing security in this country have failed. To say the least, they are incompetent if they cannot even provide information that is being sought by the Legislature. I think it is time that this House really pronounced itself on this matter by taking an unprecedented action which includes among other things summoning the people who are responsible for security before this House so that we can demand to know what is going on. The responsibility of ensuring security is not only on the Head of State. I think we also have a role as Senators and it is time we demanded those who are being paid through taxpayers to explain what they are doing in their offices. I think it is really embarrassing and I would recommend that we pursue the proposal that the Chair had suggested a couple of days ago, that we bring all those people who are in charge of security in this country to a forum of all the Members of the Senate so that we can demand to know what is going on.

Order, Sen. Billow. If you had only bothered to ask Sen. Orengo what had transpired before you came, he would have advised you that such a forum will be available on Tuesday 26th, 2013.

Mr. Speaker, Sir, I want to express my utmost sympathy with my colleague and friend, Sen. Haji. I have asked questions about our border problems every time since September, this always been postponed till today. I have not heard anything. More importantly, we are talking about the security of one of our Senators, Sen. Muthama. Since the security of Sen. Muthama was withdrawn, we have not seen Sen. Muthama here. He is scared and, therefore, staying in his house. I speak to Sen. Muthama every morning to find out whether he is still alive because you never know why his security detail was withdrawn. Yesterday even the High Court issued an order to the Government to reinstate Sen. Muthama’s security and up to now, I have checked before I came here and they have not complied. If the State is unable to give my colleague and a neighbour Senator security, would I be in order to be asked to mobilize my people with bows and arrows to be following Sen. Muthama as security so that he can come and represent the people of Machakos County in the House?

Mr. Speaker, Sir, I stand to thank Sen. Haji for his honesty and particularly for the effort he has made. The Statement we expected his afternoon relates to the security of a Member of this House and it is long overdue. We have tried to reach this particular arm of Government through press conferences and individual The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. This is not a joke but a serious issue. The Chair himself, who is an experienced Member of this House, has indicated that the office is not co-operating with him or the Committee. All Senators and Members of Parliament are entitled to security provided by the State and not by begging. All of us seated here have our security officers. Since the Cabinet Secretary in charge has refused to co-operate with this Senate---

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

He is also on a point of order! I will allow you after him.

Mr. Speaker, Sir, I was urging you to make a ruling that our colleague, the Senator for Machakos, be provided with security henceforth without any delay.

On a point of order, Mr. Speaker, Sir. Like my colleagues have said, this is a matter that we should not take lightly, in the light of what the senior Member of this House, Sen. Haji, has confessed here, all of us here can attest to the work that Sen. Haji has really been doing in this House. He is more committed than most of the other Chairmen, to the extent that we need to acknowledge the magnitude of the problem that we have at hand. The relevant officers really need to take their work seriously. They are very busy creating new titles for themselves on the ground; moving from District Commissioners to County Commissioners and so on. When it comes to anything that touches on their welfare, they are very quick to deal with it rather than security issues. No day passes without a Member here raising an issue of insecurity in the country. The same applies to the National Assembly and county assemblies. I think that we need to stand by the Chairman of this Committee. Although we are going to meet again on Tuesday, we do not know what effect insecurity can cause between now and then. Therefore, they can be summoned to appear before the Committee so that by the time we meet next week, we will have seen the seriousness of that office. Alternatively, they should quit if they are not able to perform.

On a point of order, Mr. Speaker, Sir. I want to associate myself with the comments by Sen. Keter; that this provision of security to Members of Parliament and other elected leaders is not under the discretion of any person or authority. I think that the allocation is as a result of the attendant risks that we face on a daily basis in the discharge of our mandate. Therefore, for any person to jeopardize the security of any Member of this House or any other public official, whose provision for that security is made, I think we need to take also firm action against that person. Therefore, we not only want the reinstatement of the security to Sen. Muthama to be done The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. I also sit in the Committee on National Security and Foreign Relations, under the Chairmanship of Sen. Yusuf Haji, who is doing a very good job. I would like to tell our security agents that the years of intimidation and dictatorship are over. The years when the Special Branch used to eliminate politicians are over. Although Sen. Haji has not revealed the name of the Cabinet Secretary, which I believe is Mr. ole Lenku, in this case---

On a point of order, Mr. Speaker, Sir. While I have a lot of respect for my colleague, Sen. Sonko, who actually represents many Maasai’s from my county, I do not think that it is in order for him to mention the name of the Cabinet Secretary, Mr. ole Lenku, here when actually our senior Member did not mention the name. Could he be allowed to mention the officer, because he never mentioned Mr. ole Lenku? In the Ministry, there could be a particular desk which is in charge of answering questions either from this Chamber or the National Assembly. So, I do not think that the hon. Senator is in order to mention and insinuate that Mr. ole Lenku is the person that Sen. Haji had in mind.

On a point of order, Mr. Speaker, Sir. Sen. Mositet has raised a frivolous point of order. Standing Order No.88 does not include the Cabinet Secretary in charge of security as one of those that cannot be mentioned on the Floor of this House. Is he in order?

On a point of order, Mr. Speaker, Sir. On account of what the Senator for Kajiado has just brought out, I want to bring the attention of the Senate to Article 153 of the Constitution, as read with Article 153. If you look at Articles 152 and 155, in relation to the functions of this House, I think that it is for a good cause that when Parliament is dealing with the Executive, the responsibility is with the Cabinet Secretary. You do not find similar provisions when you relate to Principal Secretaries. I invite the Speaker to look at Article 153 and 155, so that when there is a matter of this nature, we would expect responsibility to end with the Cabinet Secretary. It is not a matter which can go to a clerk or executive officer. 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

Proceed, Sen. Sonko!

Mr. Speaker, Sir, I think that Sen. Mositet was trying to play tribal politics in this House.

Order, Sen. Sonko! Proceed.

Mr. Speaker, Sir, I think that we have the oversight responsibility over the state officers. As I said earlier, I sit in the Committee on National Security and Foreign Relations and we have previously been summoning the Cabinet Secretary for Interior and Coordination of National Security and the Director General for the National Intelligence Service (NIS), Mr. Gichangi, and they have not been honouring the summons. Unless we censure all or one of these security agents, this House will never be respected.

On a point of order, Mr. Speaker, Sir. There is no time when we have called these people and they have refused to come. I must be very honest. They have always come whenever we have asked them to do so, but occasionally, we have had to postpone meetings because of other engagements.

Mr. Speaker, Sir, I stand corrected since Sen. Haji is the most senior Member in our Committee. Mr. Speaker, Sir, as I explained earlier, the years of threatening politicians are long gone. I remember the days of the Saba Saba rallies where people, including Sen. Orengo, used to be tear-gassed and their private parts used to be pinched by the same security officers.

Order, Sen. Sonko! You have become repetitive.

Thank you, Mr. Speaker, Sir, for the opportunity. In legal circles, there is something we call provident. It is extremely worrying that the people who are supposed to be guarding us are doing so at the discretion of other people who we do not know, yet we think that they are taking orders from us. It is, therefore, absolutely in bad taste that Sen. Muthama’s security has been treated casually. The office of the person in charge is possibly 300 metres from here and so, there is no reason all of us should not walk to that office and protest against the manner in which insecurity has been treated. Mr. Speaker, Sir, from information that I have received from my good friend and Senator for Kitui and the press conference by Sen. Muthama, the security officers attached to Sen. Muthama were withdrawn via a phone call which lasted less than ten minutes. It has taken more than two weeks for his security to be reinstated and now they are not picking phone calls. So, it is extremely worrying to know that as a new Senator in this House, I am walking around with a security officer who is taking instructions from somebody in an office and at any given time, he can be withdrawn. Therefore, as Senators, we are being treated casually. The issue of security ought to be taken seriously. 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. Ethuro)

Thank you, Mr. Speaker, Sir. First of all, I want to say this in regard to the Chairperson of the Committee on National Security and Foreign Relations; that the way he goes about his work is diligent and he is all the time available in all the meetings, including this morning; and he is very cordial even to state officers, bending backwards to make sure that the business of the Government goes ahead. Mr. Speaker, Sir, if you remember, the Senator for Garissa at one time simultaneously or at separate times was the Minister for Defence, Minister for Internal Security and Minister for Foreign Affairs; and I was his colleague at that time. He was able to perform these functions and at the same time be in Parliament answering Questions, particularly when the late hon. Orwa Ojode passed away. So, he was able to perform those functions without assistance for quite a long time. So, in circumstances where the Senator for Garissa is taking off the load from the Cabinet Secretary in terms of prosecuting these Statements in Parliament, in a matter of this nature, there should be absolutely no excuse for these Statements not being made or brought to the House expeditiously. But, Mr. Speaker, Sir, what worries me is that Sen. Muthama had the opportunity to record the conversations between his security and senior police officers, and between him and the Inspector-General (IG) – and these documents will be laid on the Table at an appropriate time – but the comments which were being made are very worrying. It is very clear that the withdrawal of the security was deliberate. Mr. Speaker, Sir, if you look back from 1969, when we started having political assassinations, some of these things happened either when the security was withdrawn or where the police officers, like in the case of Tom Mboya, withdrew; or in circumstances where the police officers were ordered to withdraw, like in the instance of Sen. Muthama. Therefore, this is worrying, because Parliament, at a particular time, made a decision that all Members of Parliament (MPs) are entitled to security. In fact, if you look at the MPs we have lost, including hon. Ndilinge, it was the absence of security that contributed largely to their elimination. So, Mr. Speaker, Sir, I would join other Senators by pleading with the Chair, that while we wait for the Statement, the Speaker, in exercise of your functions under the Constitution which goes beyond the functional role of the Speaker but seeing to it that the Constitution is complied with, that you direct that, in the meantime – and as ordered by the High Court – Sen. Muthama be provided security because he has not been able to perform his functions as a Senator; and he is part of the leadership in the Senate and, therefore, his functions are very important; and that on Tuesday afternoon, a concrete Statement be made available to the Chairperson, Sen. Haji, before the House. I thank you, Mr. Speaker, Sir. 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 think the issues that you have canvassed, debated, and contributed to are very grave matters, especially when they concern the security of a Senator, who is a Member of this House, just like any other Kenyan. But particularly as a leader in the House, given that he is the Whip from the Minority Side, I want to state as follows. That the security of Sen. Muthama must be assured by the State and he must be given his security today.

Secondly, we want a full report from the Chairperson of the Committee that on Tuesday afternoon, that not only in compliance to this particular directive is reported, but also the reasons why the security of Sen. Muthama was withdrawn in the first place; and who was responsible.

Because, really, until we start asserting the supremacy of the Constitution in the way we perform our functions, we cannot be making the kind of progress anticipated in this Constitution.

Absolutely!

Because if you look at the section from Article 153(4), which was given to us by Sen. Orengo; and it states:- “Cabinet Secretaries shall – (a) act in accordance with this Constitution; and (b) provide Parliament with full and regular reports concerning matters under their control.” So, when Parliament is asking you for this information, it is in recognition of the fact that, in the final analysis, anyway, they need to report back to Parliament. If you look at Article 232, which is about values and principles of public service, Chapter 13, says:- “The values and principles of public service include— (a) high standards of professional ethics; (b) efficient, effective and economic use of resources; (c) responsive, prompt, effective, impartial and equitable provision of services;” I would like to underline the words “impartial” and “equitable.” Nobody should imagine that those days of one party system, just because you come from an Opposition, is a good enough reason for you not to enjoy certain services provided.

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Mr. Speaker, Sir, I want to thank you most sincerely and also thank my honorable colleagues for their kind words and assure them that I will always try my best to satisfy their needs as far as the question of security is concerned so long as I am their Chairperson here. Mr. Speaker, Sir, I also have another Statement which I was to read. This is the response to the question by Sen. Bule of Tana River, although he is not here. I, however, want to send back this Statement because it was not signed by the Cabinet Secretary and, therefore, I cannot take it as an authentic Statement.

The fact that it has not been signed, then it is inadmissible. Yes, Sen. Munyes. 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 have two Statements, but I wish to withdraw a Statement that I would have wanted the Chairperson of National Security and Foreign Relations to respond to, given that you have already ruled that on Tuesday, we can meet to discuss the matter of the worsening security in West Pokot and Turkana. Following what happened yesterday, which I want to regret, I want to say that I think I can shelve this matter and present it on Tuesday when we meet as a Committee. The second Statement is as follows: COMPLETION OF CONSTRUCTION OF CAMPS FOR INTERNALLY DISPLACED PERSONS

Mr. Speaker, Sir, I want to request for a Statement from the Chairperson of the Sessional Committee on Devolved Government concerning completion of construction of the following camps for Internally Displaced Persons (IDPs), which have been under construction for the last two years; Esokori, Lokichar, Kanamkemer, Nakwamweki, Kalemorok, Kainuk and Katilu. In the Statement, I would like the Chairperson to: a) state the technology used to construct the camps; b) state the action that the national Government is taking to provide security and other services like water, schools and electricity to the IDPs, given that some of the camps are located in very insecure areas; and, c) what plans are there to extend similar services to IDPs in Kakuma and Lokitaung, which were not included in the construction plan. Thank you very much, Mr. Speaker, Sir.

Where is the Chairperson?

Mr. Speaker, Sir, how does that become the mandate of my Committee?

Who is dealing with the IDPs?

Order, Sen. Murkomen! Those are matters which are squarely within your mandate, because they are dealt with by the Ministries which you are supervising; they are under devolution.

Mr. Speaker, Sir, yes, the Cabinet Secretary is one, but if you read the Standing Orders, it spells out the functions of the Sessional Committee. I can only undertake to do that out of collective responsibility, but it is not the function of the Sessional Committee under our Standing Orders to deal with matters of IDPs. We only deal with matters of inter-governmental relations, county governments, urban areas and cities, but not in relation to building of IDP camps.

Are you serious?

I am very serious; I am not taking it casually, Mr. Speaker, Sir. It is the Standing Orders. I guess such a matter would possibly be in a different Committee, but because we cannot now get exactly which Committee that is, I will 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

Okay.

Mr. Speaker, Sir, I will be okay with two weeks. CIRCUMSTANCES SURROUNDING THE DEATH OF HENRY NYABUTO OMWANGE

Mr. Speaker, Sir, you will recall that you issued a directive last week so that the question I had raised in connection to Henry Nyabuto Omwange be responded to today. So far, I have not received any response and the Chair does not seem to be ready to come to read the Statement. I would like to know why.

Mr. Speaker, Sir, I sincerely want to apologise to my brother, Sen. Obure, for delaying in issuing this Statement. The Statement has not been given to us until now. We will pursue it until we give it to you. Therefore, please, forgive us.

So, when will you give it?

Possibly, Wednesday next week.

Mr. Speaker, I am very sympathetic with the Chair of the Committee, hon. Haji, whom I respect very much. I know that he is making very serious and genuine efforts to get this statement. However, I would like to remind him that we are talking about a civil servant who has served this nation for 26 years as an officer of Government. This is a parent who died in unclear circumstances. This was a respected member of the community. His family and children are anxious to know the cause of his death. Therefore, I want to urge, particularly those who are responsible for issuing the statement to see the urgency and gravity of this matter. His children cannot go to school because of the anxiety existing. People are waiting to hear what really caused the death of this very prominent person in the community. I plead, with the Chair, as much as he may be frustrated, to make extra efforts and ensure that statement is obtained on the day that you have directed.

Very much obliged Mr. Speaker, Sir. I agree with the concern of Sen. Obure. ILLEGAL LOGGING IN MAKUENI COUNTY

Thank you, Mr. Speaker, Sir. There are a few statements that I had requested for. On your schedule, item No.47 on Illegal Logging in Makueni County was due on 5th November, 2013. There was also a statement on the Demarcation of Konza City Boundary which was due on 13th November. I am particularly concerned about the one on illegal logging because Government agencies are issuing contradictory reports on the ground whilst the Cabinet Secretary had issued a ban. Now, the logging has resumed, apparently, on the orders of the National Environment Management Authority (NEMA). I request that some action be taken so that the Statement comes to the House as quickly as possible.

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

Yes, Mr. Speaker, Sir. There were three items; item No.37, 47 and 56.

Is there any Member from this Committee who can respond to that? Yes, Sen. Chelule?

Thank you Mr. Speaker, Sir. As you may be aware, we were supposed to issue a statement yesterday concerning irrigation and the issue of land. We could not do it because the officer concerned was not in the office the other week. Last week, as you know, we had county visits and Senators could, therefore, not meet. We are requesting for another two weeks so that we bring the statement to this House.

Mr. Speaker, Sir, two weeks is a very long time. I can hold for the rest but not on the one for illegal logging, 14 days is too long while people are still logging a forest. I had sought for the orders that were issued by the Cabinet Secretary to the Forest Officers in Makueni to stop the logging. The statement that was issued confirms that the logging is, in fact, illegal. I request that the statement be issued on Tuesday.

Thank you Mr. Speaker, Sir. This is an issue that I would not want to give a response that is misleading to the House. I need to have enough time to give a credible answer and a solution to this. I cannot promise that in three days, I will be ready with the answer. I request the hon. Senator to allow me to come back with the response in two weeks. This will allow me to come back with a credible answer.

Sen. Chelule, we appreciate the need for a credible answer. However, a credible answer can be sought in a lesser period. Considering the fact that the Member has allowed you, out of three statements, you can prioritise one. So, why can you not give one week, Thursday latest, especially on the logging one? You can handle the rest in two weeks time.

That is okay, Mr. Speaker, Sir.

Next Order!

Who was on the Floor? Sen. Murkomen.

Mr. Speaker, Sir, I want to start by thanking Sen. Sang for being creative, taking up his legislative duties very well and ensuring that he comes to this House with a wonderful Bill which, in my own summary, will bring leaders together for development in the counties; for uniform and collective vision of the counties. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. Murkomen, you are confirming that a Bill has both a face and a body?

Yes. The face and the body of the Bill have everything to do with Sen. Sang. They have nothing to do with me other than me being a cheerleader of the Bill. I have an advantage of having some history. I was Member of the Taskforce on Devolved Government. I have to acknowledge that it was Sen. Orengo who contributed to my membership to that Committee; the Taskforce on Devolved Government. I was telling him that part of his contribution has made me to be called an expert in matters devolution. In the Taskforce on Devolved Government, one of our initial drafts was providing for a county citizens forum; sub county citizens forum and the ward citizens forum. In the ward and sub county fora, the Chair of the fora was supposed to be a Member of the National Assembly in the constituency, a county Assembly Member in the ward and the Senator was supposed to chair the forum. When this Bill arrived at the National Assembly – you were there and among the few lethal Members legislative wise in terms of looking at laws. I remember I used to be a consultant of a group that used to call itself the devolution group. This was not formal group but was a caucus. During the caucus meetings, Members of Parliament thought that creating forums at the sub-counties, wards and counties would be an unnecessary impediment to the leadership in terms of the Governor at the county level. Therefore, they amended Section 91. Section 91 of the County Governments Bill provides that the County Government would set up procedures for citizens’ participation including the participation of elected leaders which is the Member of the National Assembly and the Senator. Nine months down the line, no county assembly has provided, through legislation at the county level, a forum where leaders can participate even though the County Governments Act gave them the leeway to create that forum. To the contrary, many counties are suffering from leaders pulling apart. You will find a situation where a Senator is pushing a particular vision which is contrary to what the Governor is pushing and which is also contrary to what the county assembly members are doing and contrary to what Members of the National Assembly are doing and contrary to what NGOs at 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 very much, Madam Temporary Speaker, for giving me this opportunity to make a few remarks on this very important Bill. Unless we want to misuse words in saying what we want, this is a very sober Bill that is asking the whole country that development without involvement of everybody does not become good development. Madam Temporary Speaker, if you look at the memorandum of this Bill, it is very simple. Let us not make a forum where we appear as if we have war with anybody. We have no war with any Governor and those who have their personal wars, should not use this platform to try and condemn our colleagues at home. This is a simple matter; that we want to get involved. All elected and nominated MCAs want to have a forum to sit together. 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. Obure.

Thank you, Madam Temporary Speaker, for the opportunity. First, I want to thank the Senator for Nandi, Sen. Sang, for his initiative to bring this Bill here and for moving it very passionately and with clarity. I also want to thank Sen. Amos Wako for adding a professional touch when he eloquently seconded the Bill, and for assuring the country that the Bill does not, in any way, violate constitutional provisions; neither does it violate any existing law. I also want to thank Sen. Wako for assuring this House and the nation at large that, indeed, this Bill is well within the letter and spirit of the Constitution. Madam Temporary Speaker, I also join my colleague Senators who have contributed before me in appreciating the good work done by the Standing Committee on Legal Affairs and Human Rights, first, for spending many hours to interrogate the Bill and to make contributions which have, in fact, enhanced the quality of the Bill. Madam Temporary Speaker, I strongly feel that the idea of the Boards being proposed is a very brilliant idea which will go a long way in ensuring the success of county governments and, indeed, the success of devolution as a whole. Success will be assured largely because the proposed Boards will involve the participation of all the key 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. Asante Sana. Natoa shukrani kwa kunipatia nafasi hii ili nichangie Mswada ulioletwa na Sen. Sang. Kabla ya kuchangia, ningependa kumshukuru sana Sen. Sang kwa kuleta Mswada kama huu wa kutaka kuwa na bodi katika kaunti. Jukumu la bodi hizo zitakuwa ni kuunganisha viongozi katika kaunti zetu na kuongea kuhusu maendeleo katika kaunti zetu. Nilipoona bodi hizo, nilifurahi sana kwa sababu bodi hizo zitaanzia kwenye kaunti na zitaenda kwenye kaunti ndogo, hadi kwenye wodi. Mswada huu utawaelimisha viongozi kwenye kaunti. Viongozi watakuja pamoja na kuongea kuhusu maendeleo katika kaunti yao. Watakuwa pia na nafasi ya kuelewa vile mambo yanafaa kufanywa. Kuna watu ambao wana wasi wasi kuhusu bodi hii. Bodi hii itawaunganisha viongozi na kuwaelimisha pamoja na wananchi. Haja yetu kama Maseneta ni kuhakikisha kwamba tumewafanyia wananchi kazi vile tulivyowaahidi tulipokuwa tukiomba kura. Kazi yetu kama Maseneta ni kuwakilisha serikali za kaunti na wananchi na kutetea pesa ili ziende kwa wananchi. Haitakuwa vyema kutetea pesa ziende katika serikali za kaunti bila sisi kuwa na nafasi ya kujua vile pesa hizo zitatumika. Kwa hivyo, nafurahi kujua kwamba tutakaa kama viongozi wa kaunti na kujadiliana pamoja ili tuwe na mipangilio ambayo kila kaunti inahitaji. Pia, tunafaa kujua shida ambazo zinakumba kaunti zetu. Vikao vyetu katika kaunti havitakuwa vya kuitisha uongozi katika kaunti The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Asante, Bi. Spika wa Muda. Yangu ni kuunga mkono Mswada huu ambao tunauita Sang Bill. Mjadala wenyewe unatutambua katika kaunti hata sisi ambao mara nyingi huitwa nominated . Sasa tumepata kazi ya kufanya katika kaunti ambazo tumetoka, sehemu ambayo tulipigia kura. Mara nyingi, tumekuwa tukienda katika kaunti na kujisikia kama watu ambao wanaomba kusikilizwa. Lakini sasa, Mswada huu umetupa kazi katika bodi. Jambo lingine ambalo ningependa kusema ni kwamba imekuwa vigumu sana kuwasaidia watu walemavu katika kaunti kwa sababu hatujakuwa na mikakati bora. Kila eneno likiwa na uwakilishi hapa Seneti na tujadiliane mambo yanayowakumba watu walemavu, basi mambo haya yataangaliwa vizuri. Nimekuwa nikifikiria kile Maseneta ambao walipewa kura wangewaambia wananchi baada ya miaka mitano. Wananchi ambao waliwachagua hawawezi kuelewa kwamba kuna mambo muhimu ambayo yanapitishwa na Seneti ambayo yanawafaidi katika kaunti. Sasa, vile watahusishwa, kazi yao imekuwa rahisi. Sasa wataweza kuwaeleza kazi ambayo wamekuwa wakifanya. Watu waliopiga kura wangedhani kwamba walidanganywa. Sasa hivi, wamejihusisha moja kwa moja. Jambo lingine ambalo ningependa kusema katika Mjadala huu ni kwamba Mswada huu umeletwa katika wakati unaofaa. Seneti hii inatakiwa kuwa ikifanya kazi ya kusaidia kaunti. Juzi, Seneti ilipokuwa ikizunguka kupokea maoni kuhusu Mswada wa Sang, watu walisusia vikao hivyo. Magavana wengi walisusia vikao hivyo na hawakutaka kukutana na Maseneta. Watu waliwasikiliza county executives na kuvisusia vikao vya Maseneta. Jambo hili litakuwa ngumu sana kwao lakini kulingana na maendeleo ambayo yanatakiwa katika kaunti, bila kuhusisha Maseneta, maendeleo hayatapatikana kwa urahisi. Magavana wanacheza mchezo kwa sababu wakipatwa na shida ambayo wanataka tuitatue kama Seneti, wanatukimbilia. Wakati walisikia Maseneta wanataka kushirikiana nao katika miradi, pia wakawa na wasiwasi. Hawataki kutuona. Ni kwa nini Magavana wanaendelea na hio tabia? Tunajua vizuri kwamba wengi wao walisusia vikao kwenye kaunti kwa sababu ya jambo hili. Inafaa ieleweke vizuri kwamba Gavana sio mwandishi The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Madam Temporary Speaker, I will be very brief because many of the things I wanted to say have been said by the previous speakers including Sen. Obure and Sen. G.G. Kariuki. First, I want to congratulate Sen. Sang for coming up with this Bill and also the Members of the Standing Committee on Legal Affairs and Human Rights. We did very wide consultations because there were arguments from legal groups that this Bill is illegal and unconstitutional because it offends the doctrine of separation of powers. But when we sat down with them and discussed, they all agreed with us that there is need for coordination of development at the county level and so long as we do not make executive decisions and so long as our role was advisory and recommendatory, then there was no problem and that the doctrine of separation of powers will not be offended. I think after our interaction with them, the initial hostility against the Bill has been overcome. We pointed out to them that what we are doing is not retiring them because Article 91 of the County Governments Act does provide for every county to have a forum like this where elected leaders meet to discuss development planning. It specifically mentioned that such a forum should have Senators, Members of Parliament and other elected leaders. As of now, there is no county in the country where that forum has been established which makes this Board a necessity now. Madam Temporary Speaker, I think the constitutional and legal basis of this Board can be traced to our mandate under Article 96 (1) which says that the primary responsibility of the Senate is to represent the interests of the county Government which includes the county executive and the county assembly. The question is what we mean by the word “represent” and what those interests that we are representing as Senators are. I think when you represent somebody, you are an agent of that person and you have authority to speak authoritatively on behalf of the agent. It is like when you get a lawyer to represent you. The lawyer has the mandate to speak on your behalf even when you are present in court because he has consulted with you and you know exactly what he is going to represent. I think as Senators, just like lawyers get instructions from their clients so that they can go and represent them, a Senator needs to get instructions from the counties. You cannot come here and say things from your own end if you are truly representing the interests of the county. What we are seeking for is a forum where you can get instructions. It is a forum where you can consult with other leaders so that when you speak in the Senate, you are truly reflecting the views and the feelings of the people at the county level. The term “interests” is a very broad term. It could be economic interests, social interests, cultural or security interests. For you to represent those interests or to know which ones you are representing, it is important for you to consult those people. I think the most critical necessity for this Bill to be passed is because of the current chaos in terms of development which is bedeviling the country today. In fact, there is very little development taking place in the counties because of superiority contests by various elected leaders. 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 am not talking on behalf of Sen. Sang but I am reliably informed that he has a wife, but that is neither here or there. Let me start by, first of all, congratulating the Mover of this Bill. I personally think that it is long overdue, it should have come yesterday. I am not a lawyer but at the same time, I have witnessed magistrates misrepresent what is written in this Constitution. So, allow me to refer to it because it is the sovereign law of the land. The reason people voted overwhelmingly for this Constitution in 2010 was because of devolution. This Constitution vests all the sovereign power in the people. It reads:- “All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution” The people exercise their sovereign power either directly or through their democratically elected representatives. That provision has also been repeated in other articles in this Constitution. Article 189 guarantees the co-operation between the two levels of Government. If you read Article 189 (b), you will see that the two governments at either level shall assist, support and consult and as appropriate implement the legislation of the other level and (c), the two levels of Government must liaise with the Government at other levels for the purpose of exchanging information, coordinating policies and administration and enhancing capacity. That having been said, it means that none of us whether a Senator, Governor or Member of the County Assembly, none of us exists in their own right. We exist on behalf of the Kenyan people. The reason people are very impatient is because we have had a system where we only had one level of Government. The reason why people were very excited about devolution was because they expected to get these services closer so that they could interrogate whatever happens because that is not a choice. We must be able to deliver to the people. This law gives citizens a chance to take part in their self- governance. That is why the drafters of the Constitution usually call this Constitution “a devolution Constitution”. Mr. Temporary Speaker, Sir, I know that Sen. Kiraitu has really delved into what the Senators should do. First of all, I have used lawyers before and know that even when you are going for a case, you must tell your lawyers exactly what you need them to say on your behalf. They must know every bit, otherwise, they will not be able to represent you as you would like them to. How then do the Senators protect and defend the counties, 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 Bill and want to thank Sen. Sang for bringing it. I also think that what has been stated here before about him is not really correct. I am aware that he is married with two children, although his marital status does not have any bearing on his bringing a Bill to this House. Whether you have 20 children, 50 children or no child, it really does not affect your legislative role or representation of your people. 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. Karaba.

Thank you very much, Mr. Temporary Speaker, Sir, for allowing me to also contribute and support this Bill. This Bill is very relevant and it is one of the checks and balances that are already enshrined in the Constitution, particularly so with regard to the devolved government; that is the county government. If there are no checks and balances, we are going to allow unaccounted for activities in these counties, and we have already started seeing these things. We have seen, heard and read about what is happening in these counties. We are aware of some counties which are holding beauty contests, and that practice is rampant everywhere. You will hear of a beauty contest on this side and another one in Kakamega; we were in Vihiga and we saw a beauty contest there. It is like a free for all; whatever the governor wants to do with the money that he has been given – which is supposed to be supervised and oversighted by the Senator – he does it without anybody questioning him. So, to me, this Bill is coming at the right time so that we can now tell the governors that there are limits to what they are doing, and there are consequences for whatever else they would like to do. Mr. Temporary Speaker, Sir, in this Assembly, we have moved Motions and some of these Bills have emanated from a very serious Committee, headed by none other than the former Attorney-General. Members of that Committee are not simple men and women or Senators; and they have come up with a Bill, not for the sake of the Committee, but for the sake of this country of ours. So, it is this process, therefore, which should be respected. In respect of this process, we need to sympathize with those people who cannot understand it; and they cannot understand it because they have other ulterior motives of trying to see how they can use and misuse the money that we allocate to them. We have sat here in the Committee on Finance, Commerce and Economic Affairs under the able chairmanship of the Committee Chairperson, and we have discussed allocations of these funds. We said this county will get so much; another one to get Kshs6 billion; another one to get Kshs2 billion; and we are the people who decide how much each county will get. We are the same people who sit to decide how much will go towards the Equalisation Fund; it is there, and we discuss a lot about funds to go towards the counties. Surely, if we are the same people discussing how much each county should get, are we not the same people who should sit down to find out how much each county has spent? This is for accountability; we need to know why this amount of money has not been spent; we need to know why you are buying a vehicle, et cetera . By the way, there is a lot of competition – I do not know whether you are aware. You will find a governor buying a bigger car than the Senator, so that if the Senator has a Lexus, the governor will buy a Lexus 10 or 12 costing about Kshs15 million, yet he has a fleet of other vehicles which serve as his security.

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On a point of order, Mr. Temporary Speaker, Sir. You heard the hon. Senator saying on the platform of this august House that if this Bill is not passed, Members of the Senate will commit suicide. Even in jest that is not acceptable, because Members of the Senate have a lot of other things to do, than just assisting in stabilizing the Governors to continue in office.

Mr. Temporary Speaker, Sir, it is good to understand English. It is not the literal meaning of suicide that we are talking about. This is metaphoric. When you talk about committing suicide, it is not only looking for a rope and hanging oneself. It could be sabotage or something else. So, in this case---

Order, Sen. Karaba! The Chair agrees with you. Proceed!

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Thank you very much, Mr. Temporary Speaker, Sir. This is a Bill which we have to pass. I believe that it will be voted for 100 per cent, because it is a vote which will also make us relevant. It will make us go home every other time to inspect projects which are going on. We will have a reason to go home, as opposed to staying here and waiting for reports to come from the governors. The moment people will see that you are also supporting the Governor, the entire county will support the whole system, because the system is not only for the governors, but for all elected members, be it the Members of the County Assemblies, Members of Parliament, Women Representatives or even the Senators. The way it is now, if you go to some counties, the governors live in fear. They cannot even greet the Senator because they believe that they are more popular. The Senator is also not even comfortable with the MCAs, because some of them are allied to the Governor or the Speaker. Some are saying that the Speaker should be ejected. They have a lot of problems and it is only the Senator who is left out. If we can include the Senator in the development of the county, I am sure that these problems will be minimized and this will make things easy for the county and country. Mr. Temporary Speaker, Sir, I beg to support.

On a point of order, Mr. Temporary Speaker, Sir. You will agree with me that very important contributions have been made on this subject, and I am sure that they will continue to be made next week. Would I be in order to suggest that the HANSARD report relating to this debate be bound together and sent to the county assemblies’ libraries or offices of the governors and the other people who are interested in this particular debate for record?

Hon. Senators, I think that the request made by Sen. Obure is very important for purposes of enhancing debate and assisting the county governments to proceed. So, it is so ordered.

Hon. Senators, it is now time to adjourn the House. The Senate will resume on Tuesday 26th November, 2013, at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate