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

Hon. Senators, I am informed that we have no quorum. Therefore, I order that the Division Bell be rung.

Hon. Senators, I order that the Division Bell be rung for additional five minutes.

Order, Senators! We now have quorum, we may commence our business.

(Sen. (Prof.) Kindiki): On a point of order, Mr. Speaker, Sir.

What is it, Sen. (Prof.) Kindiki?

(Sen. (Prof.) Kindiki: Mr. Speaker, Sir, given the challenges we are having with raising quorum in this House especially on Wednesday morning, I want to seek your direction whether you can guide us especially with regard to meetings being held outside this House which are running concurrently with the sittings of the Senate. Yesterday, there was a meeting with the Executive; today, I understand that a number of women Senators are having another meeting outside the Chamber. If you can help us in this regard, maybe, it can solve some of the problems we are having of raising quorum especially on Wednesday mornings. 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, which one comes first?

Mine!

Proceed, but my observation was that you raised a point of order while you were still seated, then you rose after. You should have stood up first, then raised your point of order.

We are all learning and some of these things are taking too long.

Order, Sen. Karaba! The Speaker is not learning and secondly, I know you better than you think. You are a teacher and rose to become a principal, a good one at that and you have been in Parliament before.

I also become the President of African Confederation of Principals.

Absolutely.

Mr. Speaker, Sir, sometimes it is time wasting to be here very early. For me I have been here every Wednesday. Therefore, I suggest that we make a tentative list of 15 or 20 Senators who will be here next Wednesday by 9.00 a.m. That would be a better thing. What is happening is that every person is waiting for the other person to come to raise quorum. If we can have a list of who will be next, they will be here earlier.

Mr. Speaker, Sir, I want to plead with my fellow distinguished Senators that these are matters over which you can call a Kamukunji and we discuss them. I really plead with my colleagues.

Mr. Speaker, Sir, I concur with Sen. Janet that Sen. Karaba is not in order. Is he in order to almost imply that not all of us are supposed to be here, when we were elected to come here and should keep time? Everything else can be discussed in a Kamukunji.

I do not know to what extent you can declare somebody out of order for expressing an opinion. It depends on whether that opinion is not truthful, is demeaning or casting aspersions on somebody’s character. I think that he is just a concerned Senator and I would not rule him out of order. What is, of course, very clear is that these matters can be discussed better in a Kamukunji than in Plenary. So, it is just a matter of where it is discussed, but the issues are still valid. It is just like asking: Should we discuss an issue in the Plenary or Committee? I think that, that is the question that Sen. Lonyangapuo and Sen. Ong’era are raising, and I am sure Sen. Karaba has taken counsel. On the issue raised by Sen. Kindiki, first, we have a schedule of the Parliamentary calendar with its business. We sit on Tuesday afternoon, Wednesday morning and afternoon and on Thursday afternoon. Therefore, it is incumbent upon each and every Senator to know that as you leave on Tuesday evening, you need to be here on Wednesday morning. Have you ever noticed the Chair being absent? The Chair is always here at the time that we are supposed to commence business. What is so difficult between the Chair and the rest of the Senators? So, the Chair expects every other Senator to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, aware that cities, towns and urban areas in Kenya are increasingly getting overpopulated leading to overstretching of services and amenities; concerned that improper management of waste has become a major cause of pollution of neighborhoods, water sources and other natural resources leading to rise of environment-related diseases which cause many deaths; further concerned that in most urban areas, waste is dumped in an uncontrolled manner posing a great challenge to the wellbeing of urban dwellers, particularly those living near dumpsites; acknowledging that the problem continues to rise despite the efforts made to mitigate the problem through various statutory bodies, private entities and communities; the Senate calls upon the national Government to take immediate steps to develop effective waste management regulations and put in place proper disposal facilities, including for harmful waste and that this be done in consultation with all key stakeholders. Mr. Speaker, Sir, I think that it is obvious in the whole country, that we are really facing a big challenge in our environment in the way that we dispose of waste. If I take, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

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

(Hon. Ethuro)

Mr. Speaker, Sir, I have been agonizing for the last few minutes as my good Senator was on his feet. He has mentioned that the national Government should put in place policies, but the Motion before us talks about regulations. I have looked at parts 1 and 2 of the Fourth Schedule and my own reading of Part 2 on county governments is that waste disposal falls squarely under the purview of county governments, while the policy falls squarely under the national Government. 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 also looked at the Constitution, and if you check the same Schedule, at least you can see that the policies and the environmental policies are squarely the responsibility of the national Government. When I talk of waste and you look at the environment, it is really the duty of the national Government. That is why I feel that this Motion is correctly in the House, and I feel that the Senate needs to ask the national Government to come up with proper regulations of the same.

(Hon. Ethuro)

Thank you, Mr. Speaker, Sir. There are quite a lot of problems that we have been experiencing in the whole country due to the way we dispose of our waste. Something which is very common in every centre is the burning of plastics found in those centres. When plastics are burned, we end up getting the furrants and the dioxins, which really affect the climate, and that is why we have the greenhouse effect contributing to global climate change. Mr. Speaker, Sir, as I had just indicated, if we could really manage waste properly the way it should be and the way it is done in other parts of the world, we could even create a lot of employment in the whole process. From the collection point after the waste is produced to the point where it is managed at the dumpsite, it is a big process and out of that, recycling can be done and as a result, a lot of employment can be created out of this whole process. Mr. Speaker, Sir, I call upon this Senate to support this Motion and to debate it in a manner that, at least, will result in urging the national Government to come up with the best regulations and to enforce even the existing good laws on the same. Mr. Speaker, Sir, I beg to move and I want to call upon the ‘King’ of West Pokot, Sen. (Prof.) Lonyangapuo, who lives on the hills of Mutolo, to come and second this Motion.

(Hon. Ethuro)

Mr. Speaker, Sir, as I stand to second this Motion, I do not know whether I am the one that my brother is describing as a ‘King;’ I am not. I am a servant of the people of Kenya here, and kings are not servants. Mr. Speaker, Sir, I want to thank Senator---

Sen. (Prof.) Lonyangapuo, are you aware of servant leadership? Is a king capable of servant leadership? 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, he is, Mr. Speaker, Sir; except that in the context, he went overboard.

Mr. Speaker, Sir, I want to thank Sen. Mositet for pointing to us through this Motion this morning; that we need to address this very serious emerging problem that is affecting our people, particularly the health of the people of Kenya who live in the cities. You can already see that out of the devolution that has just been implemented, we are going to have almost 47 cities in the counties in the near future. There is normally a tendency for people to migrate towards where the seat or the throne is; or where the economic activity normally lies. Mr. Speaker, Sir, indeed the problems that we have in the City of Nairobi, as an example, are immense. This is mainly due to the fact that the amount of solid waste generated daily is so huge that we need to turn our attention to it and urge the national Government to wake up and realize this emerging problem. There is data here indicating that we generate 1,500 tonnes of solid waste daily in Nairobi City. The County Government of Nairobi is only capable of disposing of 25 per cent of the same, which means that a staggering 75 per cent of this 1,500 tonnes of solid waste is just left where people are staying, particularly in the slum areas and in the low income estates of Nairobi. Mr. Speaker, Sir, in the early 1970s, up to 90 per cent of this solid waste was successfully being disposed off, but later in the 1980s up to now; because of mismanagement in the department that was dealing with the collection and disposal of waste and the corruption that came in, this problem emerged. In addition, there was an attempt to privatize waste collection and disposal, where we have private companies coming to collect this solid waste. A lot of it now became impossible to control because a private company - because of these corruption issues - would come and declare that they had collected that waste, and they would be paid, yet no garbage had been collected. Mr. Speaker, Sir, looking at the data coming from the dispensaries surrounding the areas where the dumpsites are, like Dandora Dumpsite, the diseases that are found there are mainly respiratory; people cannot breath well in the city because of the smoke and the smell. We also have recorded data showing that people are complaining of stomach problems in those areas –the Mathare and Kibera areas – a lot of this uncollected solid waste is found in those areas. It is also indicated here that most of this waste is only collected from high income areas; from people who are capable of paying. Although sometimes we pay some service charge through rent, but because of inability or due to lack of effective policies, estates have come up with their own arrangements, where you pay some extra money outside what is known for this waste to be removed. Mr. Speaker, Sir, there are so many uncontrolled dumpsites that have come up; we have a lot of broken glass; we have a lot of unhygienic areas and unless a policy is generated – and this can only be done, as it was indicated in the Fourth Schedule – by the national Government so that the implementers of the same, who are the county governments, have a document to rely on and follow, which is standardized across the whole country. 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 rise to support this Motion. It is fair that I say that as a member of a very renown organization known as the Rotary Clubs and being a past President of my Rotary Club, I had the opportunity of visiting Mathare and Kibera slums. This issue is, in fact, a national disaster and it appears from the way we have handled it in the past that we are waiting for something to happen and yet the waste is increasing. The Dandora dumpsite is something that is always in the news but little has been done to deal with the issue of the young men and women who are making a living and carrying out very illegal activities at the Dandora dumpsite. Recently in the print and electronic media, it was reported that there are factories that are disposing of waste into Lake Victoria. It is also not news that waste from our own Ruai dumpsite is being dumped into Nairobi River. There is also evidence that there are people who are dumping waste into Nairobi River and many other rivers. This has gone on with impunity. In the process of not dealing with this issue inspite of the fact that we have regulations and laws that govern the disposal of waste, we have let some people go and deal with this matter with impunity to the extent that they are a health hazard to very many Kenyans. Unfortunately, when you go to the Nairobi suburbs of Karen, Runda and many others, you do not find these dumpsites there. They are only found in places where the local mwananchi lives and then we allow them to live with that dump and yet we are not dealing with it. Mr. Speaker, Sir, in developed countries it is an offence even to drop a chewing gum or even a piece of paper in the city. The Nairobi City is probably the dirtiest in the country and yet it is a place where all of us live and make a living. This is because we have ignored this issue. Unfortunately, although this is a problem, it can be turned into an income generating activity if it is properly managed. In my experience in the Rotary Club, there are people in Kibera who have turned this waste into usable energy and biogas. I am also aware of some places where they are collecting bottles and taking them for recycling. But there appears to be no deliberate effort, at any level, particularly at the national level to address this issue. The last time there was an issue of disposal of plastic paper bags, it was opposed strongly by Parliament to the extent that the effort to deal with the disposal of these papers has not been addressed. The proposal to do away with plastic paper bags has also not been addressed. In the end, these plastic paper bags end up on our roads and backyards and it is posing a huge problem. In my experience, I had the privilege of getting US dollars 300,000 to do toilets and bathrooms in Kibera. We had ten feet high of waste to collect and remove from the site and as we were digging, there was four feet more underground of just paper bags and many things. It took us three weeks to dispose of this particular dump site so that we could create a toilet and a usable bathroom for the people of Kibera. This is, in fact, something that is replicated in all our urban dwellings and particularly the slums and it is something that we have to address as the Senate. It should also be addressed nationally. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you very much, Mr. Speaker, Sir, for giving me the opportunity to contribute and support this Motion. It takes me back to memory lane when I was a little girl. I had the privilege of growing up in Nairobi and I remember when the First Daughter, Margret Kenyatta, was the Mayor of Nairobi, the city was extremely clean. I am not insisting that women leadership is excellent when it comes to neatness, but it could also be a major factor. By then, the Nairobi City Council had very strict rules and there was no careless littering of garbage everywhere. The department that was dealing with garbage collection worked 24 hours. From the estate where I was staying; that is, Nairobi South B, it overlooked Industrial Area where there were factories. There were very big lorries and garbage collectors that were working 24 hours to clear the garbage. I do not know where that equipment went to. Those are the reasons I support this Motion and I believe the national Government is better placed to come up with these regulations and other ways of implementing this Motion in consultation with the other stakeholders. This collection of garbage was done countrywide, but especially for Nairobi; nothing was taken for granted. The national Government can partner with the county Government, because I remember the other day my little girl asked me whether Dr. Evans Kidero is the Governor of Nairobi and when I answered in affirmative, she told me to inform him the Nairobi City is very filthy. I asked her how she came to that conclusion and she told me that every time their school bus goes around, they come across a lot of garbage. I was really 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 finally seeing me. I would like to support this Motion and also congratulate my good friend, Sen. Mositet, for bringing it to the Senate. Mr. Speaker, Sir, since this Senate was created, we have addressed issues of environment very now and then. I remember only the other day there was the issue of pollution of Athi River by the sewers in Nairobi and the Committee had to get out there to make sure that this was repaired. I remember also that sometime ago, there was a Motion that talked about pollution of rivers. So, this Senate has been in the forefront of drawing the attention of the country, in particular the leadership, to the environmental concerns that we have in this country. Mr. Speaker, Sir, we have an organization called the National Environment Management Authority (NEMA) which has completely failed Kenyans. If NEMA was doing its work properly, all the issues that we are raising would not be there. We have been unable to manage simple things like polythene bags. These polythene bags which cause serious environmental hazards are scattered all over the country and we are unable to manage this. Perhaps, the starting point should be ensuring that we do the simple environmental management. We should manage the polythene bags menace in the city and countryside. We have been given the example of our neighbouring nation of Rwanda. When you get into that country, they open your boot and search it. If you have a polythene bag in your boot, you have to remove it before you enter Kigali City. Kigali City is an example that we must all copy. Mr. Speaker, Sir, dumpsites in this country are created or started without any consideration of the health of the surrounding population. One of my colleagues talked about the one in Nakuru, on the way to Kabarak. The other day when I had the opportunity to contribute here, I mentioned the dumpsite in Mombasa, which is seen as you come from the airport. It is just at the seashore as you move and stinks, yet the authorities there do not seem to care. Every town has its own eyesore in as far as dumping of waste is concerned.

Mr. Temporary Speaker, Sir, I hope that this Motion, when passed, will be developed further and force the Governors and those who are in authority in devolved units, to ensure that their areas of jurisdiction are environmentally friendly. I say 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

Sen. G.G. Kariuki.

Thank you, Mr. Temporary Speaker, Sir. This is a very important Motion which came from my dear friend, Sen. Mositet. Looking at this Motion as it is framed, I find that it is quite obvious that there is something that we need to do, and I do not think it has not been done. I am not so sure whether the law that created the NEMA included this menace and how to control it within the law or not. If such a law exists, it means that the law is not being implemented; or that it is not being supervised and managed according to what is expected to be done. Therefore, what we need to find out here is this; now that we are dealing with a new phenomenon – that we do not have a Minister in the Chamber or even a civil servant in the gallery – I suggest that it will be important in future to have civil servants who are not Members of this House sitting in the public or our guests gallery where they can be consulted by Members who are discussing certain issues like this one – who would have been told by the guy in charge of the environment that things are done this way, or we have done A, B, C and D, so that when a Member is pursuing this issue, he is already The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of information, Mr. Temporary Speaker, Sir. I would like to inform the senior Senator that if you look at the National Environment Management Authority (NEMA) Act, all these laws are there extensively. I think our good Senator had indicated that those laws are there and what is required now are the regulations and their implementation. So, my senior Senator, those laws are there; the only issue we have is about implementation. Thank you, Mr. Temporary Speaker, Sir.

Thank you for that information, which I was not quite aware of. But if there is a law whose intention is to create rules and regulations to make the law operative; then that is what we should come here to demand. But if there are no rules and regulations which have been put in a place by the Government, it has to be done immediately; and, maybe, this way, this Motion will remind the Government that there is need for rules and regulations which make this law workable; because no law will work without the machinery to make it operate. Therefore, Mr. Temporary Speaker, Sir, I think this problem is so big that sometimes we pride ourselves all the time that Kenya is a very good country, but there are things that we do not look at. You cannot attract a visitor or an international investor to your country when the first things that he is going to see are the children collecting food from dumping areas. It is a very serious matter and it is displayed by the media. You will see the children trying to look for food from this takataka ; and yet we still believe that we are doing a very good job as Kenyans. I think there is something terribly wrong. For example, if I was in charge and then I see the kids running to look for food from these dumping areas, I think I would be very sorry. I would just cry like Mahatma Gandhi did when he saw children playing outside naked, and he knew that those were good future scientists, Senators and parliamentarians. But we see these children rotting and wasted; and none of us feels that it is a serious matter. Even in investment in terms of money, if I am sitting somewhere in New York and I want to invest money in Nakuru; if I send my technicians and health officers to find out whether that area is safe for investments, I will need to be told that the climate and the area is conducive to my investment. But when I am just told that even to find a passage in that place is a problem because of dumpsites, then I would think twice. I would go to another country where people are serious in terms of their health care. But in this case, I think it is important for the Senate – and I am a Member of the Committee on Implementation and I want to assure my friend that when this Motion is passed, we will follow it up and find out why the implementation or the making of regulations has been delayed. Therefore, Mr. Temporary Speaker, Sir, I think, again, it is a challenge to NEMA, and I hope this Motion had gone to NEMA before it came to this House. I think 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, with all due respect to ‘Senator One,’ with the issue of---

Order, Sen. Mong’are! Who is ‘Senator One’?

It is Sen. G.G. Kariuki.

Mr. Temporary Speaker, Sir, my point of order is on this issue, that this Motion is not properly here and it could have gone to the relevant Ministries before it comes here. Is he in order to assert that the Motion is not properly before this House?

I do not know what happened this morning to this young man, the honorable Senator, because---

Order, Sen. G.G. Kariuki! There is no ‘young’ man in this House! There are only Senators.

Thank you, Mr. Speaker, Sir, for your correction; and I take it very seriously. But what I am trying to say---

I hope that my colleague Senator would listen without talking to others so that he can know what I am saying. What I am trying to say, my dear colleague is that, if this Motion had gone--- Do not try to correct me; none of you is capable of correcting me in terms of the procedure of this House; and that is a fact. We want to see something done; not just to come here and talk. If this Motion had gone to the Ministry concerned, then come back through the Chairperson of the Committee concerned with this Motion, it would have come with the notes and information of what is actually there and what has been done, and what is being done. That way, we would appear effective; and that is all that I am demanding. I am requesting that if I bring my Motion – like it is coming tomorrow or the day after tomorrow on security matters – I wish the Chairperson of the Committee on National Security and Foreign Relations, who is sitting close to my friend here, would have communicated with the authorities to ask them their position. That does not stop us from saying all the things that we want to say; but he should give us some inside information for us to know what is actually there before we condemn or arrogantly talk about any Ministry. Therefore, it is important that I was using this position to request the Speaker to communicate with his counterpart at the National Assembly to see how this thing can 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

The Senate Majority Chief Whip; Sen. Beatrice Elachi.

Thank you, Mr. Speaker, Sir. I also rise to support this Motion and, indeed, to thank the honorable Senator for Kajiado for moving it. When we talk about waste in this country, many people will remind us that, one, it is a place where many also have informal jobs; two, it is a business that has very serious cartels that we also need to look at as we deal with the issue at hand. Mr. Temporary Speaker, Sir, I will start by giving an example of Nairobi County. That, indeed, we have had, for years, donors and even governments wanting to intervene and come up with a better way of managing our waste; ensuring that we have a better place to dump that waste and even recycle and use it so that it can also create employment for our young people. But what has happened is that even those who collect that waste belong to a cartel that you cannot just join and start the business; you will have to go through a process. Therefore, even if we would want to see the Dandora Dumpsite, for example, changed to become an institution that we can rely on and recycle our garbage or waste, you will find that you have to, first of all, look at what has been happening. Many are the times we have seen on our television people even killing each other. The other day, we had two gangs in Dandora who were fighting and all that brings up the issue of insecurity. If you go to Mombasa, it is also a very sad situation; being a town where if you remember the former Member of Parliament for Mvita, now the Cabinet Secretary for Mining, Najib Balala, had done his best to give it a different look, and people used to admire Mombasa at that time. But today when you enter Mombasa County, they have come up with a proposal where they have different dumping sites where garbage is dumped and then it is collected. But then it has become even worse when you use that process. Therefore, it means that even at the moment, the counties do not even have that capacity to start managing the waste. They found waste and now they are confronted with even more waste, and challenges of how to ensure that it is dumped in a proper manner that will ensure we bring back the different cities that we have. When you walk in Mombasa on your way to Nyali, using the road in Bombolulu, you will find that there is a nice board that is put up; but when you look inside the field, you will be very surprised to see how people are dumping waste there. This is land that belonged to the Kenya Broadcasting Corporation (KBC); and I wonder if it is still theirs, because with the dumping that has been done there, you cannot say it is your land any more. I even do not know how you can salvage it to now become property of the national Government for it to be used. But what we are saying as the Senate is that it is important now to look at solutions, and we need to blame ourselves in some of these things as a country, because when you look at our numbers and when you look at the numbers in China and Europe, and they are able to---

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

Order! Order, Sen. Haji and Sen. G.G. Kariuki!

Our apologies, Mr. Temporary Speaker, Sir.

You will find that they are able to manage their waste. What we are faced with is how fast the counties will manage to deal with the cartels and to sit down in one room and agree that it is time we saw some sanity in the whole industry. Kenyans should be able to dump their waste responsibly because the plastic bags can still be used for something else. We mix all the waste in one lump. If you look at where the sewage waste of Embu is deposited, it is at a very open place. We even do not know how to recycle our water for other uses whereas there is technology to do that. In our country, whenever somebody starts something, they want to own it so that nobody else can venture into your turf. It has become like the matatu industry where if you want to get into a certain route, you have to pay some money before the matatu is allowed on that route. That is what is happening in waste collection. If you want to bring sanity in the waste collection industry, there are some people you must consult or else it will never arrive at the Dandora dumpsite. As much as we want to see things moving, the Government must find a way of dealing with the gangs that block this waste. We should deal with the blocked sewers in Nairobi and the other big towns. Mr. Speaker, Sir, one month ago we had a very good documentation on Citizen television on dumping sites. We saw women coming out and claiming that that is where they get their daily bread and that is why they were killing each other because one had refused to allow the other one to also scavenge. So, as Senate, we do not need to request the Government, but tell the Government that there is a problem and they should first deal with those gangs in this business. We should also appreciate that there is technology and we must use it to deal with waste and recycle our water so that it can be re-used. We saw how they do it so well in China. They are able to collect, recycle and redistribute the same water within a very small area. This is something we should really think about as Senate. We should give solutions to the Government. They should know how to manage NEMA. There is corruption that has entered into many institutions and it should be dealt with. The other day the Committee on Health, Labour and Social Welfare went to look at how waste is being deposited into our rivers and up to now, if you ask, we do not know what action was taken. Did NEMA make a follow up and close the sewers that were broken? We should bring a Bill so that this issue is also dealt with at the county level. I support.

Thank you Mr. Speaker, Sir, for giving me this opportunity to support this Motion. In supporting this Motion, we need to realize that dumping of waste is big business in all the urban centres. What we should do is to modernize it. When we talk about modernization, we must start by regulating the distance of the dump sites from the estates so that in the event that the county government cannot dispose of the waste, it does not affect the people who live near the dumpsite. Secondly, we must ensure that modern technology allows even households to destroy even their own waste. If you go to many countries, you will find dustbins crushing waste which becomes fertilizer which can be used for farming. Waste treatment plants are there but we need to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Speaker, Sir, for the opportunity to contribute in support of this Motion. From the onset I would like to echo the sentiments of Sen. G.G. Kariuki who said that this Motion should not go unnoticed. It has come out that the Motions that are discussed and passed in this House are not attended to by the consumers of those Motions. In this case, I mean the relevant Ministry officers who should be seated in the public gallery as we discuss these Motions. They should listen to the sentiments of the Senators with regard to these Motions. I am sure if officers of NEMA were here, they would have listened to the sentiments of the Senators and got to know their weaknesses. They should be allowed to be present in the public gallery. It should be law that when we are discussing these Motions, officers from the relevant Ministries should be present to listen to what we say. They should be given notice on time. This is for your consideration and it will be discussed further by your office. We need not discuss Motions which address obvious issues. This is an environmentally friendly Motion and it should have come many years ago and its implementation should have taken place even before we came here. Since Sen. G.G. Kariuki, a Member of the Committee on Implementation has said that he will see to it that this is done, that is the confirmation we would like to hear from Members and from those people who listen to what we are saying. It is also important that apart from just being seen on television, other people should also know that we discuss some of these things in this Senate. I am wondering what happened to the popular radio programme; L eo Katika Bunge or Leo Katika Seneti so that people can get to hear what the Senators The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you very much, Mr. Temporary Speaker, Sir. I beg to support this very important Motion and thank Sen. Mositet for bringing it. This Motion affects the entire country and not only areas where individual Senators represent. Mr. Temporary Speaker, Sir, the issue of garbage disposal is a very serious problem. It is a serious health hazard in this country. If something is not done as soon as possible, this country will suffer from different ailments, some of which cannot even be recognized by the doctors. Mr. Temporary Speaker, Sir, we pride ourselves in Mombasa being the gateway to East Africa. So many tourists go to Mombasa and see all these things. Perhaps, we could get more tourists if we kept our country cleaner than it is now. I live along the Nairobi River Bank. We do not sleep at night and have to lock every open space, because of the stench that comes out of that river. I believe that maybe sewage is being discharged into that river. If you go to Donholm, the water in the river there is black like used engine oil and this is happening with the knowledge of all Government officers in this country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Temporary Speaker, Sir, for the opportunity to contribute to this very important and timely Motion. I congratulate Sen. Mositet for bringing it to the House. Mr. Temporary Speaker, Sir, indeed, like all those who have spoken before me, I would like to indicate that this Motion touches on a number of Ministries and not just one Ministry. I want to support Sen. G.G. Kariuki for suggesting that we should involve the Ministries when we prepare important Motions. This is because even if we come up with Bills and pass them without consulting the Ministries and getting their input, implementation will be difficult. So, let us work with them, so that we can jointly own the Motions and Bills which we pass. I believe that this Motion will be developed into a Bill, so that it can be implementable. Mr. Temporary Speaker, Sir, there is no way we will control diseases in this country, unless we address the environment very seriously, especially waste management. There is runaway disease in the country. There are waterborne diseases as a result of rivers being polluted. Many of our people still use rivers as sources of their water supply. Even in the townships, many pipes burst and somehow sewage seems to sip into the water. As a result, the water that people drink gets polluted and there is no way we can control Typhoid, Cholera and other waterborne diseases. Also, mosquitoes mainly breed in dams because they are wet. We also know where the breeding of mosquitoes takes place; it is mainly in those dumpsites because they are damp and it is also dirty; so, it is hard to control mosquitoes and malaria. There are runaway diseases, like cancer and many others; in fact cancer is the biggest killer right now as we speak. When you speak with the experts, they tell you that a lot of these diseases, including cancer, apart from a few hereditary genes, are also environmentally connected. So, what are we going to do? Take any dumpsite; the worst one which Sen. Elachi addressed, we know that vegetables are being grown there. Those vegetables find their way to our markets. The vegetables look very good and leafy; and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. Daisy Kanainza.

Thank you, Mr. Temporary Speaker, Sir, for catching my eye after standing for a very long time. I actually stand to support the Motion; that the national Government should take immediate steps to ensure that these regulations are in place so that this policy can work. The reason being that at the moment, Kenya has an increased use of electronic products and we produce more than 3,000 tonnes of electronic waste. At the same time, when we are trying to use this new type of technology, there is improper dumping of old gadgets. This is posing particularly health and environmental risks because of the toxins found in it. Looking at the way my colleagues have been talking, actually, the National Environment Management Authority (NEMA) has failed to perform its duty to some extent. As we grew up, we enjoyed the fresh air and the beauty of a clean environment; but at the moment, almost all our towns and cities are suffering because of the improper disposal of waste products. We see people suffering from all types of diseases which have come into being. Our children especially suffer the most because of the new breathing complications that have arisen because of having an environment that is not conducive as a result of pollution. Mr. Temporary Speaker, Sir, just to give some examples, Muthurwa Market here, where people buy vegetables and fruits at an affordable price, is stinking. People are just crowded in the same place, but we still go there to get our food. At the same time, the sewerage has not been done well; vehicles pass there every day and nobody is taking the initiative to correct the mess there. Talking of Donholm River; it is not brown or white in colour. The water that passes through that river is black and greasy. This Motion is 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 wish to support this Motion. This Motion is very important because it touches on the health of our people. Kenya has a growing population and we need proper legislation in place to ensure that proper dump sites, garbage collection and harmful wastes is attended to unlike what we see around us. In the past when the Nairobi City Council was being manned by the Mayor, the City was very clean and you could see that no rubbish was thrown anywhere. There were litter bins by the roadside where people could throw in rubbish. Today, people just throw rubbish anywhere. In slum areas when it rains, the situation is very terrible because the sewage overflows, rubbish is thrown all over the place and you can imagine our children walk through all these without shoes. They end up getting diseases like typhoid and even 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. As I support the Motion, I take cognisance of the prayer that the Mover has so made to the national Government; “that the government takes immediate steps to develop effective waste management regulations and put in place proper disposal facilities including for harmful waste, and this be done in consultation with all key stakeholders.” Whereas that prayer, be it as it may, Kenya is really not operating in a legal lacuna or vacuum. We have legislation that has been in place in this country and the first one that I could get in literature was in 1996; The Waste Management Act, Cap.482. We had a review of this and we came out with a Solid Waste Management Act of 2001 and, thereafter we had a Waste Management Act of 2006 which was again reviewed in 2008. Maybe the 2008 Act is not addressing our situation well in view of industrialization which has taken place if we were to compare to what there was at that time. We are really looking at the waste management of plastics, oils, electrical equipment, liquids, and so on and so forth. We are looking at an environmental The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, thank you for giving me the opportunity to ventilate on this Motion. First, I wish to state categorically that I support this Motion for various reasons, some of them touching on the important area of the health of our citizens. Mr. Temporary Speaker, Sir, environment is a very important aspect of our lives and waste is one of those things that has the greatest impact on the environment. I think that it is very important that we pay attention on this aspect of waste. Unfortunately, waste does not build up rapidly. It is a slow process that we might not recognise but it is continuous and might have very negative impact on the environment and the society at large. Mr. Temporary Speaker, Sir, this morning, I just want to confine myself to what I would like to refer to as hazardous waste. This is the kind of waste that is going to threaten our lives in times to come and in fact, it has started to do so now as we continue to become urbanized and industrialization takes root. Hazardous waste is one of those things that will directly affect the health of individuals. These are the kind of wastes that are starting to be generated more and more. I have in mind plastic or synthetic material. Synthetic material is the kind of waste that is happening today as we carry on with our lives. According to a study which was done last year by KIPPRA, supermarkets in this country gave out 200,000 million plastic bags for carrying goods home. These plastic bags are made of thin synthetic material. This material may not be dangerous as it is but if it is burnt, it turns into fibre. It produces one of the chemicals that we know as the leading precursor for causing cancer in the country. That material is called dioxin which is a product of burning of synthetics. It might just be better to dump these synthetics in the dumpsite and not burn them but what we know is that there is a lot of burning of synthetic material at the dumpsite. It would have been best if those things were left as they are but when they are burnt into fumes and fibre, it becomes a chemical called dioxin and it is a precursor which is well known and well documented at the moment as the greatest cause of cancer. Mr. Temporary Speaker, Sir, we can manage the waste by controlling their output. This is one aspect where a simple policy or a simple circular from the Government can ban the use of plastic bags in the society. When we do this, we can completely eliminate and we will not be the first to do that. There are countries which have already banned the use of plastic bags as carrier bags in their various supermarkets. This has gone a long way in controlling the menace of light synthetic paper bags. 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

Before Sen. Lesuuda comes, I wanted to find out because the Chair is not aware of the amendment and where it falls in the main Motion.

This has not been indicated in what I have here but it falls under “the national Government to take immediate steps to build capacity.” We will rewrite what we have here to coincide with what you have just said. The first part is ready and we can move it. Mr. Temporary Speaker, Sir, I wish to amend this Motion by inserting the words “county government working together with the national Government,” after the word “the.” Further, we also need to insert the words “the national Government will also be involved in capacity building for the county governments.” This will effect the amendment that we have suggested. This, again, is supported by the Constitution, which actually requires the national Government to give some assistance to the county governments to carry out their functions satisfactorily, in this case, the handling and management of waste. Mr. Temporary Speaker, Sir, I beg to move that amendment and request my colleague, Sen. Naisula, to second it.

Before Sen. Naisula seconds the amendment, I would like to point out that the Chair is not aware about the part of the amendment related to capacity building. Where does it fall in the main Motion?

Mr. Temporary Speaker, Sir, this has not been indicated in what I have here, but it falls under “the national Government to take immediate steps to build capacity and develop the effective--- I will write down what I have here. The first part is ready and it can be moved.

Okay.

Thank you, Mr. Temporary Speaker, Sir. I rise to second this amendment. First, let me thank and congratulate my fellow colleague, Sen. Mositet, for coming up with this very important Motion. I would also like to thank my colleagues who have spoken before me and supported it. Mr. Temporary Speaker, Sir, I think that it is important for us to include the county governments as we have said, because I know that various counties have a Ministry of Environment. This, definitely, shows that even at the county level, the Governors and the executive committee members really realize that importance of having a safe and clean environment. Mr. Temporary Speaker, Sir, having said that, we have discussed here before about the planning of our counties. We will see structures and the county executive coming up with plans of their counties. I really hope that they will ensure that they have The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Senators, I now want to propose the amendment.

Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity to contribute towards this very important Motion. The reason I say this Motion is very important is because it touches on the day to day life of the common

or citizens of Kenya. 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. Members considering the time provision or this Motion, it is time for us to vote for the amendment and to allow the Mover of the original Motion to move the amended Motion. Considering that the amendment we introduced affects counties, I have received a request that we defer both the voting for the amendment and the ultimate Motion to the next day as provided for under Standing Order No.51 (3) to the next day. That means that the Motion will be voted for in the next sitting. We should therefore move to the next Motion.

Mr. Temporary Speaker, Sir, in your communication, you indicated that it is time for the Mover to move the Motion and yet the Motion had already been moved. So, you could make the correction.

Thank you, Sen. (Dr.) Machage. It is actually time for us to vote for the amendment which we want to defer because of the request on the fact that it is affecting counties. Thereafter it will be time for the Mover to reply. Therefore, we suspend both until the next sitting.

Next Order! ADOPTION OF REPORT ON FAMILIARIZATION TOUR OF GEOTHERMAL POWER PLANTS IN OLKARIA – NAIVASHA, NAKURU COUNTY

Mr. Speaker, Sir, I beg to move:- THAT, this House adopts the Report of the Standing Committee on Energy, Roads and Transportation on the familiarization tour of the geothermal plant in Olkaria, Naivasha County on 12th August, 2013 laid on the table of the House on Tuesday, 26th November, 2013. In furtherance to the mandate that this Committee has, they visited Olkaria Geothermal Plant on 12th August, 2013 to familiarize themselves with the operations of KenGen and the generation of electricity through geothermal. The Committee visited Olkaria I, Olkaria II and Olkaria IV and the well head generation plant with the capacity The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Senator! You will still have 20 minutes next time the Motion will be on the Order Paper.

Hon. Senators, the House now 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