Order, hon. Senators. I have a Message from the National Assembly on the subject of rejection by the National Assembly of the County Governments (Amendment) (No.2) Bill, Senate Bill No.4 of 2013. Pursuant to the provisions of Standing Orders No. 41 and 149 and the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly. Whereas the County Governments (Amendment) (No.2) Bill, Senate Bill No.4 of 2013, a Bill originating in the Senate was received in the National Assembly on 4th December, 2013 read a First Time and thereafter considered in accordance with the Constitution and the National Assembly Standing Orders; Whereas the National Assembly on Thursday, 6th March, 2014, rejected a Motion for the Second Reading of the Bill; Now, therefore, in accordance with the provisions of Article 112(1(a) of the Constitution and Standing Order No.149 of the National Assembly Standing Orders, I hereby convey the said decision of the National Assembly; the consequence of which the Bill stands referred to a mediation committee in accordance with Article 112(1)(a) of the Constitution. The message is from the Hon. Justin B.M. Muturi, Speaker of the National Assembly. 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, as a consequence of the above message, I have a communication to make. I wish to report to the Senate that pursuant to Standing Order Nos. 43 and 44, I have received the following Message from the Speaker of the National Assembly regarding the rejection by the Assembly of the County Governments (Amendment) (No.2) Bill, Senate Bill No.4 of 2013. Hon. Senators, Article 112(1) of the Constitution provides that if one House passes an amendment Bill concerning counties and the second House rejects the Bill, it shall be referred to a mediation committee appointed under Article 113. Article 113 provides as follows:- “(1) If a Bill is referred to a mediation committee under Article 112, the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to attempt to develop a version of the Bill that both Houses will pass. (2) If the mediation committee agrees on a version of the Bill, each House shall vote to approve or reject that version of the Bill. (3) If both Houses approve the version of the Bill proposed by the mediation committee, the Speaker of the National Assembly shall refer the Bill to the President within seven days for assent. (4) If the mediation committee fails to agree on a version of the Bill within thirty days, or if a version proposed by the committee is rejected by either House, the Bill is defeated.” Hon. Senators, under the circumstances, I concur with the Speaker of the National Assembly to form a mediation committee in accordance with Article 112(1)(a) of the Constitution. In this regard, I have already instructed the Senate Majority Leader and the Senate Minority Leader to propose three names who will be part of the mediation committee that will be appointed to look at a version of the Bill. I thank you.
(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir, for that Message and Communication. I rise to seek clarification on the numbers to constitute the committee. We have three members of that committee who will come from this House but I assume in the tradition and structure of doing things, it will be on a two to one basis; two from the majority side and one from the minority side. Other than that, Mr. Speaker, Sir, is to say that the communication that you have read to this House is what should have been happening all along. I want to be very clear; neither House is a rubberstamp of the other. As much as we would have wanted the National Assembly to pass that Bill, whatever views they had which differed from 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.
On a point of order, Mr. Speaker, Sir. I appreciate the contribution by the Leader of the Majority. But would I be in order to demand that these middlemen who mess about with the Senate are named so that we get to know who they are?
Shame! Who are they?
Majority Leader, let us dispose of that particular one.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, the term “middlemen” was not used in the commercial sense. It was used in the sense that there is a legislature, parliament, on one side and there is the executive on the other side as an arm of Government. I made it very clear to the Executive that it is not the role of the Executive to make laws. It is the role of Parliament. What the Executive can do is to propose laws which they think can help them realise their manifesto or view of things because they have been elected in office but they just propose. So, the word “middlemen” was used, not in the commercial sense of brokerage, but in the sense that, the only legitimate organs are the Executive, which has a right to propose laws. But in terms of the exclusive mandate of making laws, it is vested with Parliament, not some other functionary determining that: “This Bill should go here and the other should go there.” The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order, Mr. Speaker, Sir. Thank you for this opportunity. It is interesting and amazing to hear Sen. (Prof.) Kindiki confessing that this is a Government that operates with middlemen.
Be that as it may---
(Sen. (Prof.) Kindiki): On a point of order, Mr. Speaker, Sir.
But I am on a point of order.
What is it, Sen. (Prof.) Kindiki?
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I know my brother, Sen. Wetangula, is on a point of order, but he is breaking the procedure in the pretext of being on a point of order. Is he in order to impute things that I have not said here on the Floor? I have not said the Jubilee Government operates through middlemen. I said there are people and institutions who have arrogated themselves roles they do not have between the Executive and the Legislature, simple as that. This is a House of record. Please, Leader of the few, do not impute improper motives on me.
Mr. Speaker, Sir, in simple English even to a nursery school child any object, person, man or woman who stands between the Executive and the Legislature is a middleman or woman. We have been told those are the people who have been frustrating this process. We want to urge the Jubilee administration to veer away from middlemen. We heard the President saying: “Business brokers are fearing corruption in his Government.” If that is the style and manner of operation, God help this country. Mr. Speaker, Sir, coming back to the point so that we do not engage in unhelpful public debate on this matter, it will be also instructive for you to inform the House whether in your discourse with your belligerent brother, you have reached an amicable agreement that now Article 110(3) of the Constitution will operate without any hindrance or not, so that we know whether we can put our machetes back into the sheath or we continue drawing them in helping you battle this impunity that has frustrated this Senate Chamber for such a long time. Secondly, Mr. Speaker, Sir, a mediation committee of three from either chamber is a little too small. This afternoon, I consulted with the Clerk and I had proposed that we have five from each House, so that they can propose three, we propose two. This is a learning process and we need to build capacity through this kind of process so that those who start the mediation will be reservoirs for future mediations as we go along. 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, indeed, I want to commend the Majority Leader for the remarks he has just made. Not just that, for the image of the Senate in the recent weeks, the Majority Leader has been discharging himself very well. This is commendable.
Mr. Speaker, Sir, allow me to request and convey the following to our good friend and a man who we know understands and probably interprets the Constitution better than us, Prof. Githu Muigai, the Attorney-General. Tell him to relax. He is jumping the gun. His time will come. Once we are through with mediation and the Speaker presents whatever decision we shall have made to His Excellency the President, the Attorney- General will have unlimited opportunity to advise the President before he assents to the Bill. Remind him that in this case, he is no longer what he used to be in the old Constitution. He is not a member of the National Assembly neither is he a member of the Senate. He should wait, his time will come.
On a point of order, Mr. Speaker, Sir. The Majority Leader has indicated that in future, those Bills will be coming to the two Houses. But as we know, the Government operates with records; in this case, circulars. Would I be in order to request that the highest office issues circulars to all cabinet secretaries and all those concerned with a copy to the Senate and the National Assembly, stating this position clearly?
This was really my communication which apparently has been hijacked by the Majority Leader. I will give the Majority Leader one more opportunity.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I have no problem pursuing the route suggested by my colleague, Sen. Ndiema, because we must be taken seriously. We are not taking half measures. So, if it is something that needs to be in writing, we will ask the presidency to do a circular, which we are willing, once it is done, to even submit for record purposes before this House, so that we can settle this issue once and for all.
Well, on my part, one is the issue of the size of the mediation team. I just want to confirm that we had very fruitful discussions yesterday as your two Speakers. We discussed all those issues. We agreed on three members from each House. I know both of us have already communicated to the membership. So, I think to renegotiate that might be a bit difficult. But I will definitely appreciate the reasoning behind that proposal in terms of having more people participate and engage in order to acquire more institutional learning and memory, but that could be done another time. Hon. Senators, in terms of the procedures ably demonstrated by the Majority Leader, I also want to add my voice, that this is a process in the Constitution. So, there was already an anticipation in the Constitution itself that there will be occasions, just like two human beings, even a happily married couple might always disagree on one or two 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.) Lesan, I was just checking to confirm if you are listed. Proceed. DEVELOPMENT OF POLICY FOR CARE OF THE AGED
Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, aware that a good percentage of Kenya’s population is made up of Kenyans aged 70 years and above and that some of them are affected by senile dementia but have no one to take care of them owing to the reality of changing circumstances; appreciating the introduction of social support programmes by the National Government; concerned, however, that the Government has not compressively addressed 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.
Mr. Speaker, Sir, I rise to seek a statement from the Chairperson of the Devolved Committee – sorry, the committee is not in place - I wish to seek this statement from the Majority Leader regarding the Gender and Human Rights Commission. Two vacancies for the commissioners were advertised in May, 2013. The interviews for the positions were conducted in June, 2013. Mr. Speaker, Sir, the President forwarded the two names to the Kenya National Assembly last week, one of whom was rejected. Of the five commissioners, there is no commissioner from North Eastern region of this country, which has been the worst hit in terms of historical injustices relating to human rights practices and even from the gender perspective. Mr. Speaker, Sir, I seek the following:- (1) Why did it take more than eight months to appoint these commissioners for a very important commission like this one? (2) Can the Ministry table the names of the candidates that had been recommended by the interview panel to the President? There are names of people who did the interview and we believe it is important to know why some of the people from the Northern Region were not included. (3) Will the Ministry ensure that North Eastern region which has suffered the most in terms of human rights abuses and lags behind in gender development gets an opportunity to have a commissioner in that very important commission?
Chair of the Committee? Majority Leader?
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, you will guide us because I thought this question should be directed to the Chair of the Committee on Legal Affairs and Human Rights, unless there is a special reason. You have guided us properly on this matter, that chairs of committees should take charge of issues unless there are extra-ordinary circumstances where the default mechanism of the Majority Leader is invoked.
Mr. Speaker, Sir, the information that I have is that the Gender and Human Rights Commission, as we speak now, falls under the Ministry of Devolved Government, initially Devolution and Planning. Maybe I need to be guided. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Chairman, Committee on Legal Affairs and Human Rights.
Mr. Speaker, Sir, properly, that question ought to be with the Ministry which is dealing with it. But it really comes under human rights. It also comes under the exercise of the constitutional powers by the President. On both counts, whether it comes under the Constitution or human rights, whatever the issues, it ends up on the desk of the Committee on Legal Affairs and Human Rights. So, it is up to him to make use of the information received and contact the relevant Ministry.
It is so ordered, I am persuaded. Let the Committee on Legal Affairs and Human Rights handle it because there are issues of human rights involved.
Mr. Speaker, Sir, maybe we can bring the statement in two weeks time. I hope that the Majority Leader will also intervene on this particular matter so that the answer comes on time.
Order, Chairperson. You have squandered your own--- When you are making the argument you are very clear that you will make use of the office. But now you assume that assistance might not be forthcoming.
No, Mr. Speaker, Sir. I was just remembering what the Leader of the Majority said this afternoon; that there are some people who are standing in between the Executive and Parliament. If those people still exist, I would need his intervention.
Let us have the statement in two weeks time. Sen. Khaniri, you may proceed. OUTBREAK OF FOOT AND MOUTH DISEASE IN WEST POKOT COUNTY
Mr. Speaker, Sir, I rise to issue a statement pursuant to the request by the Senator for West Pokot County. This is in regard to the outbreak of the foot and mouth disease in his county. Mr. Speaker, Sir, the first cases of current foot and mouth disease in West Pokot County were reported on 31st December, 2013 in Kapenguria Sub-County, Mnagei Ward, Tartar Village
Sen. (Prof.) Lonyangapuo.
Mr. Speaker, Sir, may I take this opportunity to thank the Chairman of the relevant Committee for bringing a comprehensive answer, although late as it had been required earlier. While appreciating this response, I am surprised to only get this very detailed narrative but without a very concrete answer as to what they have really done to eliminate the disease and to rescue the students that have just been thrown out of school for lack of fees. He eloquently and confidently mentioned here that West Pokot with a population of over 500,000 people largely depends on livestock and livestock related enterprises for their survival. Two months later, the markets have not been opened and it looks like the national Government has not moved in. They are claiming that it belongs to the county government yet in the Fourth Schedule, we know that the veterinary policy which relates to the vaccination he is talking about when a disease breaks out anywhere in Kenya, it is the national Government that steps in to see to it that the problem is rectified. The county government only deals with animal control and welfare, including licensing of dogs. I am not talking about dogs in this matter, but I am talking about the things that make the people of West Pokot become civilized Kenyans like other people who live in this country, because we depend on livestock. Mr. Speaker, Sir, I wanted to know whether the national Government has sent money or vaccines and if they have already moved in to lift the quarantine which has not been addressed in this matter. They are blaming the county government and yet the county government has no money set aside for that. Their business is very simple as indicated in Schedule Four.
Thank you, Mr. Speaker, Sir. The Senator has asked a host of questions. First of all, he says that I did not come up with measures. If he listened to me very clearly, I outlined the measures the Ministry has taken; imposing quarantine, vaccinations and all that. I think it is not right to say that I did not come up with the measures to eliminate this outbreak. I did that and very eloquently so. On the issue of assisting the students, I think the hon. Member knows very well the provisions of the Fourth Schedule in our Constitution. We clearly know the roles of the national Government and the roles of the county government. This House is on the forefront of fighting to ensure that the county government is given its opportunity to play the role that is provided for in the Constitution. Therefore, where provisions are very clear, like in this case, I think it is important that we let the county government play their role. What we should be asking is for them to be facilitated. We should be pushing for them to be given enough resources to do this. With regard to this particular issue, the national government provides policy for that. Otherwise, implementation lies squarely with the county government. Mr. Speaker Sir, with regard to opening the markets, the livestock markets will only be opened after it is ascertained that the situation has been controlled. With regard to vaccines, I stated very clearly that the county government is willing to provide 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.
Mr. Speaker, Sir, I want to seek clarification from the Chair of the Committee in the following terms: Over 50 years after Independence, why should our country be grappling with issues of foot and mouth disease, rinderpest and Rift Valley fever? Why are they unable to diagnose the diseases killing animals? They just call it Rift Valley Fever. There is also new castle for birds and so on. These recurrent diseases have wiped out fortunes of families especially in ASAL areas. Is it possible for us to get assurance from the Chairman of the Committee that proper communication will be made to the Government that it is time those diseases became part of our history rather than part of our nightmare? Even our export of meat and meat products to the Middle East countries is hampered by the fact that Kenya is classified as an animal disease zone. When countries with so little like Djibouti---
Order, Sen. Wetangula.
Mr. Speaker, Sir, I am just seeking clarification.
Order! This is Statement Time, so clarifications must be clarifications and not substantive submissions.
Okay, Mr. Speaker, Sir. Countries with so little like Djibouti are classified as disease free. Surely, if you compare Djibouti with Kenya, I am sure we can do better. Can we have an assurance?
Mr. Speaker, Sir, the Government has, through the Chair, told the farmers in West Pokot that they should not take their animals for dipping and they should spray those animals at home. Spraying the animals at home has got a serious cost. The acaricides and the rucksack pumps are also expensive. Could the Chair tell us whether the Government has also supported farmers by distributing pumps and acaricides so that the exercise can take place at home?
Mr. Speaker, Sir, I would like to seek clarification along the same line, that three quarters of this country is arid and semi-arid. It has come out very clearly that vaccination is still a very difficult thing to do while we have one of the largest vaccine laboratories here. Could the Chairman assure us that the Government is going to make use of that laboratory and provide enough vaccines so that we will not be having this erratic occurrence of diseases? Where they occur, I know that the vaccines are mostly provided by Non-Governmental Organizations (NGOs) like the Veterinaries’ SanFrontier (VSF) and the Government is not doing much. Could he assure us that the Government is going to take that issue seriously?
Mr. Speaker, Sir, I rise to seek a clarification from the Chairman whether the Government has explored and attended to the issue of the fact that most of these livestock diseases are reservoired in wildlife. There is constant migration or transfer of these animal diseases from wildlife to livestock which is domesticated. Could he tell us what the Government is doing to control or limit the transfer of these diseases from the wildlife to domestic animals? 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, the Chairman in his last answer dismissed the request I had made that over 30, 000 students have lacked fees in secondary schools, colleges and universities which is a function of the national Government. It is not a function of county government as is stated in the Fourth Schedule. I want to encourage the Chairman to read it again so that he can realise that when I am asking this question, it is function No.16 of the national Government to attend to a problem like this. I am saying that the students are at home and they need to go back to school. Why has the Government not yet stepped in through the relevant departments, where necessary?
Mr. Speaker, Sir, I will start with Sen. (Prof.) Lonyangapuo’s question. I sympathize with the situation and I will ask the Cabinet Secretary in charge to liaise with his counterpart in the Ministry of Education to see if there is anything that can be done to alleviate the suffering by the students and to see if the bursaries can be provided to the 30, 000 students. I will pass that to the Cabinet Secretary to liaise with his counterpart. Mr. Speaker, Sir, I share the feelings of Sen. Wetangula, but I think we have been let down. That 50 years down the road after Independence and we are still grappling with diseases that could have been eliminated long ago. I know for the case of West Pokot, it was an isolated outbreak since it has not happened there in a long time. I think in this era and age, these are things that should be behind us. Therefore, I will pass the sentiments of this House to the Cabinet Secretary so that they can come up with a long and lasting solution to these outbreaks. Mr. Speaker, Sir, the question by Sen. (Dr.) Khalwale; the reason why farmers have been asked to spray their own animals is, of course, to avoid the spread of the disease. I do not think that the Government is in a position to provide the pumps and the acaricides to individual farmers because this is normally done collectively when they go to a central place. That is the dipping area. I also agree with Sen. Hargura that it is important that we make use of our locally produced acaricides by KEVEVAPI and the same will be relayed to the Cabinet Secretary. The same applies to the question by Sen. (Prof.) Lesan which was a very loaded question and maybe he should raise this as a substantive Question so that we can do a research on this and come up with a substantive answer. This is with regard to the spread of these diseases from wildlife to livestock. I think I would request him to request for a statement so that the Cabinet Secretary can give us a proper and full answer on that particular statement. Thank you. CAUSE OF POWER BLACKOUT IN GARISSA COUNTY
Mr. Speaker, Sir, I want to deliver a Statement which was sought by the Senator for Garissa on 5th March, 2014, regarding the cause of power blackout in Garissa. The power supply to Garissa Town is from a diesel power plant with a total installed capacity of 4.8--- 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): On a point of order, Mr. Speaker, Sir. I do not know whether the Senator for Garissa is in the House or whether he has designated another Senator.
On a point of order, Mr. Speaker, Sir. Hon. Haji had asked me to stand in for him on this Statement as I reported yesterday.
Yes, you did, and when the Chair rose to respond, I was looking at your direction and you were not looking at the direction of the Chair. So, I wondered for a moment whether that brief had been withdrawn from you.
Mr. Speaker, Sir, I was distracted by a Statement that one of the county Governors has been removed by a court. So, I was paying a lot of attention to that story. My apologies!
Proceed, Mr. Mwakulegwa.
Thank you, Mr. Speaker, Sir. The power supply to Garissa Town is from a diesel power plant with a total installed capacity of 4.8 megawatts. The effective capacity being produced is 4.4 megawatts and the customer base in Garissa is over 11,000. On Wednesday, 5th March, 2014, at 8.30 a.m. a fire started from engine No.2 housed in the old power house. The fire exploded and spread to all the other engines housed in the old power house. The old power house together with the station’s switch gear, cables and the accessories were completely damaged, cutting off supply to the whole of Garissa Town. Garissa Town is an isolated power station and is not, therefore, connected to the national grid. Thus, there were no alternative sources of power to supply the town. But on the response by the concerned, the power plant team immediately put off the fuel supply to the generating sites and also isolated electrical supplies. A team from the Kenya Defence Forces and other Non-Governmental Organizations (NGOs) swiftly moved in to fight the fire and by 3.00 p.m. they had been able to contain the fire. The Managing Director, Kenya Power and Lighting Company, Dr. Ben Chumo, and the Managing Director, KenGen, Eng. Albert Mugo, and a technical team from the Kenya Power and KenGen flew into Garissa and were on site by 12.00 p.m. the same day. The team assessed the situation and action plans were put in place to restore the supply. Works to restore the supply started immediately with an additional Kenya Power Company (KPC) team being flown from Nairobi to help the team on the ground. The team worked overnight and by 3.00 a.m. on Thursday morning, 6th March, temporary cables were installed and tested. By 10.00 a.m. on Thursday, a total of two megawatts were installed and the power was supplied to the emergency sites. This facilitated the restoration to the hospital and water works. Another three pumps of 850 Kv each were delivered. They had been installed by Aggrecko by Sunday 9th March, 2014. By 3.00 p.m., they restored power to the entire Garissa Town. Mr. Speaker, Sir, another fourth engine of 850 kilowatts is being installed, basically to alleviate the shortage which existed before the fire, so that the town could actually be given adequate supply. The long-term solution is that the Government is constructing a 132 Kv transmission line from Kamburu to Garissa. This will connect Garissa to the national grid and address the shortfall and challenges that have faced 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 want to thank the Chair of the Committee for that response. I want to also take the opportunity to thank Kenya Power and Lighting Company and KenGen, actually, for moving very fast to restore power supply to Garissa. Mr. Speaker, Sir, I just wanted the Chair to clarify two things. To avoid similar challenges, has any investigation been done regarding the cause of the fire? If so, what is the cause of the fire that blew up all the engines? Secondly, with regard to the national grid transmission line that is being worked on between Kamburu and Garissa, who is the contractor and how far has that line reached so far?
Mr. Speaker, Sir, the cause of the fire has been identified. In fact, by the time that the fire started, they had brought in one engine. By good luck, it was not in the same old power house. The cause of the fire is that the engines were very old and almost obsolete. That is why they have sent in brand new engines. Regarding the second question about the contractor who is constructing the transmission line from Kamburu to Garissa, I do not have details. But assurance has been given that by December, this transmission line will be commissioned, which means that somebody is working on the line right now. But I do not have the name with me right now.
Mr. Speaker, Sir, I appreciate what the Chair has said, but the issue of the transmission line being built from Kamburu to Garissa has been going on for years. I think that it is important to get to know whether there is actually a contractor who has been engaged. Has the work started and where has it reached? I think that it would be important if the Chair could get us that information.
Mr. Speaker, Sir, the issue of the Garissa power supply has been with us for long. When you talk about commissioning a project, you must have decided on the funding commitment and even the contractual obligations should have been made. I doubt whether the Chairman is giving us the right information. I want to request that this statement be deferred to allow the Chairman get actual details, so that we can have it done to our satisfaction, if he cannot do it now.
Mr. Speaker, Sir, I think that from what has occurred in Garissa, we realize that there are many other isolated stations like Mandera, Wajir, Marsabit and Lodwar. They are not connected to the national grid; they all run on diesel powered engines and generators. What is the Government doing in order to come up with sustainable sources of power, like the renewable green energy which will not have the same problems like the diesel engines? It is cheaper to have isolated solar power systems for those far-flung areas, knowing that even the national grid has its own problems. It is hydro-based and sometimes rationed. Why can the Government not invest in renewable green energy for these isolated centres?
Mr. Speaker, Sir, as I said earlier on, I do not know the name of the contractor, but I have been told and confirmed that works are ongoing on 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.
Mr. Speaker, Sir, I would like to request for two Statements. STATUS OF LAND ADJUDICATION AND ISSUANCE OF TITLE DEEDS IN MERU COUNTY Mr. Speaker, Sir, first, I would like to request for a Statement from the Chair of the Committee on Agriculture, Lands and Natural Resources. Given the fact that land adjudication and registration in Meru County started in 1960 and has been going on for the last 50 years and the Jubilee Government has promised to conclude this exercise and issue all the remaining title deeds this year, could the Chairman table a Statement from the Cabinet Secretary explaining:- (1) The status of land adjudication and registration in each of the nine sub- counties of Meru County. (2) The number of title deeds ready to be immediately issued in each of the sub- counties. (3) The dates when the title deeds will be given to the proprietors in the various sub-counties. (4) When the land adjudication and registration exercise will be finally completed in the entire county this year. Mr. Speaker, Sir, that is the request for the first Statement. I would like a response from the Chairman.
Mr. Speaker, Sir, I will request for three weeks to table the Statement.
Mr. Speaker, Sir, Sen. Khaniri is a very serious Senator. I will take his word and wait for the three weeks.
On a point of order, Mr. Speaker, Sir. Would I be in order to request the Chairman of the Committee on Agriculture, Lands and Natural Resources to give this Statement for the whole of the country, since this issue is relevant to almost every county?
Mr. Speaker, Sir, it is true that the issue of land adjudication affects very many parts of this country. If you will allow me to enjoin Prof. Anyang’-Nyong’o’s 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 think that Sen. (Prof.) Anyang’-Nyong’o wants to sabotage the delivery of my Statement within the next three weeks. Could the Chairman deliver my Statement within three weeks, as he said and then take more time to do the exercise that Sen. Anyang’-Nyong’o has requested? He may deliver that one at a future date.
On a point of order, Mr. Speaker, Sir. Is it in order for Sen. Kiraitu Murungi to impute improper motive on my part and use unparliamentary language with reference to exactly what I have said? Could he either use a more polite word or withdraw and apologize?
Mr. Speaker, Sir, I do not think that the word “sabotage” is unparliamentary. But I could replace it with “undermine”, which is more polite.
Mr. Speaker, Sir, can I continue?
Let us dispose of this matter. Since the Chair has no difficulties with extending your request to cover the rest of the country, I think that it makes a lot of sense. I think your fear is just that maybe it might take more time and affect the delivery of your own Statement. But I am sure that your county is part of the great nation of the Republic. So, depending on the information that they get from the relevant Cabinet Secretary, if the Committee finds that they need more information, then they will come back to us. If you can obtain all the information within the three weeks, I am sure that Sen. Kiraitu would have no problem with that. If the Committee feels that they need more information, then they will come back to us. They will obtain all the information within three weeks and I am sure Sen. Murungi would have no problem with that extension. I really do not think Sen. (Prof.) Anyang’-Nyong’o was hijacking, sabotaging or undermining your Statement. I think he just wanted to benefit from the same as you are most likely going to benefit.
I stand directed, Mr. Speaker, Sir.
In three week’s time. Then go to the next Statement, Sen. Murungi. DELAY IN ISSUANCE OF BIRTH CERTIFICATES IN MERU COUNTY
Mr. Speaker, Sir, I also seek a Statement from the Chairman of the Committee on National Security and Foreign Relations. The request being made is for a Statement from the Cabinet Secretary in charge of registration of persons specifying how many birth certificates have been issued in Meru County in the years 2012, 2013 and this year, 2014. We also need the Statement to explain why there is such lengthy and unreasonable delay in issuance of birth certificates in Meru County. We would like them The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order, Mr. Speaker, Sir.
What is it, Sen. Wetangula?
Mr. Speaker, Sir, without appearing to be sabotaging, undermining or hijacking the request by the distinguished Senator for Meru, could the Chairman of the Committee also, in giving the answer, tell the House why registration of persons is not decentralized to counties; and when the continuous registration of voters by the Independent Electoral and Boundaries Commission (IEBC) as envisaged in the new Constitution will start? I hope I have not sabotaged, undermined or hijacked the question.
You nearly overloaded my question but we shall be guided by the Speaker.
Let me have a copy of your Statement, then I can see whether the additions by Sen. Wetangula are an overload. In the meantime, there is a request from the Senator from Wajir. SEIZURE OF MOTOR VEHICLE REGISTRATION NO. KBQ 133U IN WAJIR
Mr. Speaker, Sir, I rise to seek a Statement from the Chairperson of the Standing Committee on National Security and Foreign Relations concerning the seizure of a car or a vehicle registration number KBQ 133U belonging to a Mr. Abdi Aziz Mohamed Ali of ID No.216816878 which has been held under Wajir Army Camp since 7th May, 2013. In the Statement, I would like the Chairperson of the Committee to address the following:- (1) The circumstances that led to the impounding of the vehicle and the goods that it was carrying; (2) Which steps the Government is taking to release the vehicle to the owner as it is being held unlawfully according to us? (3) In case there is any damage caused to the vehicle and the goods, could he state whether the owner will be compensated for the loss incurred resulting from the withholding of the said vehicle and its goods?
Chair. 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, the Chair is out of the country. I am a Member of the Committee, I request that we be given two weeks to come issue the two Statements.
Mr. Speaker, Sir, this is an old statement and I suspect the Ministry should be having a response as of now and since it is long overdue, I want to plead with the Chairman to bring it probably towards the end of next week, if it is possible.
Order, you are repeating yourself.
Mr. Speaker, Sir, I still indulge, we be given two weeks because it is even involving military issues which I think might take long to reply.
It is okay, Mr. Speaker, Sir.
In two week’s time. Chair, when you bring the response, you will need also to justify why you think when it involves the military it should take longer than usual. My understanding is that the military acts even faster than civilians. There was an issue on the second statement which was sought by Sen. Murungi on the birth certificates. That statement was on how many certificates have been issued in Meru County, in 2012, 2013 and 2014 and why there is such lengthy delay in issuance of birth certificates; whether the Government will decentralize registration of births and issue birth certificates at sub-county headquarters. Other issues raised by Sen. Wetangula related to continuous registration of persons. I will agree with Sen. Murungi, this is a serious overload if not derailing the initial process. So, I will invite Sen. Wetangula to look for his opportunity to seek a Statement along his lines and the one for Sen. Murungi shall remain the way it is.
On a point of order, Mr. Speaker, Sir.
What is it, Sen. Wetangula?
Mr. Speaker, Sir, in law we have a doctrine called “the doctrine of ejusdem generis, that is, of the same nature: Registration and issuance of birth certificate or registration of persons and registration of voters are all a sequence. I do not see the overload but I respect your ruling.
Please, do. You are talking of a sequence, I would have been worried if they were simultaneous and that is where the difference is. I have heard someone say “just because I was born, I must also marry as a consequence.”
Mr. Speaker, Sir, I think you should be admitted to the bar.
Mr. Speaker, Sir, I would like to read a Statement which was requested by the Senator for West Pokot regarding the management of Turkwel Hydro 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 want to thank the Chairman for being quick in giving a response to the statement I sought last week. I am indeed surprised by the way he is trying to put his response to impute improper motive on the people of that region. From his statement on page one, he says that the people who reside in that region, that is, the two communities - the region has so many other communities residing there - he is claiming that the officers were harassed and even threatened and the company had no option but to remove them in order to safeguard their lives. The company has been in existence for the last 23 years. I want to read the five names of the chief engineers who have been in the station. The first one was engineer Isaac Bondet Tanui who did his work during those early days and nobody disturbed him until he was transferred. The communities had no problem 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 had responded by saying that there is a human resource policy that describes how long they can take and what evaluates them. The Report says that this employee or chief engineer has been the most productive person in the life of Turkwel George Hydro-Electric Plant. They are still carrying out investigations with regard to the complaints from the community. If they find that he has been implicated in one way or another, they will take appropriate action against him. However, they will not remove him.
Mr. Speaker, Sir is the human resource policy document for KenGen meant for one being? I am asking this on behalf of the people from that region. We have had two more people coming from that region as Tarus. I have talked of Eng. Isaac Ondiek and we have no problem with him. We had no problem with Eng. Abel Rotich. There are also others. We are only asking whether a certain engineer can be moved. When you hear a Senator saying that one should be moved, he means well. We can get another one from within or without.
Order, Sen. Lonyangapuo. The Chairperson has said that the company is investigating. If they find merit in the allegations, then the movement may be effected unless there are other things that you are not telling us. You can confide to the Chair so that we see how to prosecute this. I think discussing individuals to that extent may not be appropriate.
Mr. Speaker, Sir, I would have appreciated more if he told me to give him a specific number of days or weeks. I will still share with him the finer details that I have.
What is the time that has been given? 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, the company has been given time to complete their investigations. If they complete in one or two weeks, I will share with him. However, other finer details will help because I can pass the information to senior management. This would accelerate in making a decision.
(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to move the following Procedural Motion. THAT, pursuant to the provisions of Standing Order No. 125, the Senate resolves that the publication period of the following Bills be reduced from 14 days to five days. (i) The County Governments (Amendment) Bill, 2014; (ii) The County Governments (Amendment) Bill 2014; (iii) The Political Parties (Amendment) Bill, 2014; and, (iv) The Kenya Medical Supplies Authority (Amendment) Bill, 2014. This is a Procedural Motion and I do not intend to take a lot of time. I will just paraphrase Standing Order No.125 which says; A Bill, once published should not be introduced until after 14 days except the Division of Revenue Bill and the County Allocation of Revenue Bill which take seven days before they are reintroduced. Mr. Speaker, Sir, the end of Standing Order 125, says in part, “unless a shorter period is provided for by a resolution of the Senate.” The request being made to this Senate is that we reduce the period of publication for the four Bills. This will provide for a shorter period between when they are published and when they are introduced to this House. According to the Standing Orders, there must be a reason why a Bill may not be published for fourteen days or seven days depending on the type of the Bill. Hon. Senators are aware that some of those Bills were published in the last session and lapsed. So, it is assumed that even if we are republishing them afresh, the public interacted with the Bills in the last session. Secondly, there is increased effort, after we resumed, to enact a number of Bills in this Session. Therefore, it is in this context that we want to make sure that we have Bills coming as soon as possible. We are also recognizing that some Bills had been published before in the last Session. Thirdly, the entire legislative process is long enough to allow public participation even after the Bills have been introduced in this House and for those reasons, I urge hon. Senators to allow that the publication period for these Bills be reduced from 14 days to five days for the reasons stated. For those reasons, I beg to move. I would like to request Sen. Boni Khalwale to second the Motion.
Mr. Speaker, Sir, this being a procedural Motion, there will be no reason to belabour it. The reasons advanced by the Senate Majority Leader are quite plausible. I would like to emphasise that most of these Bills were published way The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Sen. Muthama, you have a balance of 12 minutes.
Mr. Speaker, Sir, I will try to use the 12 minutes to the maximum. The Motion I am moving now which I started yesterday is very clear and direct to the point. My concern is about young people who have sons and daughters. They get employed in the military and other security organs. Most of them are young officers who do not have any technical background by the time that they are put on the front line of their profession. Most of them, once they die in the line of duty, do not get compensated. Mr. Speaker, Sir, from experience, when our young boys and girls were sent to Somalia, some of them were killed there and their bodies were flown back to this country. About three to four of them came from Kangundo Constituency that I used to represent. I attended their funeral services and the most devastating point was that one with a very young family with children between two and four years old was not compensated. Their wives were moved out of the military camps and taken home. In the process, I had to hold fundraisings to assist the families of the deceased soldiers. That is as a result of bad arrangements within the Government. You can imagine a young woman being left with two children to fend for when her young husband has been killed and they are taken back to their rural homes where there is no water and other basic necessities, yet these children have to be taken to school. This Motion should take care of those families. I want to give a very good example of what happened at the Westgate Mall attack where we kept on complaining that our military officers were not professionals because instead of going to contain the situation, they went to steal water, milk and bread. This was as a result of their lives and those of their families not being guaranteed. For us to come out as leaders and be seen to be leading, it is not about the Head of State, the Cabinet Secretaries, the Chief of General Staff or the Inspector General of Police, it is about the Kenyans we are leading. When we talk about spending money, the low class people in this country do not see the money that is being spent and squandered, left right and centre. Mr. Speaker, Sir, you are my witness that you are guarded by police officers who earn peanuts. Their salary is between Kshs15, 000 and Kshs18, 000. They can see you contributing Kshs20, 000 in a function and the same thing happens the following week. In a month, they will have witnessed you giving out between Kshs80,000 to Kshs100,000. To the mind of this guard, that is a big amount of money. They also know that you have an insurance cover for yourself and your family when it comes to hospitalization whereas the money they earn is what they are supposed to use to cater for the treatment of their families. There is no guarantee that should they face armed thugs and get killed, their children and wives will ever be taken care of. This Motion is urging the Government to make sure that they are given full insurance even if it is not the Government that is going to compensate the victims. The Government should have an insurance cover for the police officers who are killed in 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.
I thank you, Mr. Temporary Speaker, Sir. Allow me to commend the Senate Minority Chief Whip for having had the foresight to bring to the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Thank you, Mr. Temporary Speaker, Sir, for allowing me to contribute to this Motion. I also want to congratulate the distinguished Senator for Machakos for bringing such a Motion that is aimed at helping helpless Kenyans. Mr. Temporary Speaker, Sir, like in all combat situations, generals do not fight. They send the juniors to the war zone and frontline. Even in the police, the Inspector 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, first of all, I want to thank the Mover of this Motion. I am very sure he thought very deeply so that he could come up with something which is so important for this nation. This Motion is so important that it is urging the national Government to provide education for the children who are left without fathers as a result of death in the line of duty. This matter has been there for a very long time although the Government has tried looking at the past. The Government has tried to do something under Cap.189 of the Penal Code. They have directed how much should be paid to the families of the deceased. They have explained how it should happen, but I think that is not enough. Sometimes we find it very difficult to repeat ourselves while talking about the security of this country. Last week we did nothing, but talk about security. Today it is again security. Therefore, security is a very serious matter affecting this nation which must be viewed by this Government the way everybody views it. Mr. Temporary Speaker, Sir, the morale and loyalty of our people, including the workers and the police force can only be raised if they know their family is protected or secure when they are dead. I do not know which country just let its officers go and die without care. No one is ready to go and die because he is following mheshimiwa’s cattle which have been stolen by armed gangsters. So, we expect young officers to follow them and yet the gangsters are heavily armed. This is done without any guarantee over what will happen to their families. The police need to be treated just like me and the Mover of the Motion. This is because they are very important people. If you ask me to go and die for you then you have to provide for my family if I am not there. I want to be sure that my family is really fully protected and guaranteed of their lives after my demise. Regarding the issue of guns; that is, G3 and AK47, they are equally very powerful guns and are from different countries. The AK47 was produced because of G3 which is still a very powerful gun to be used in battle field. Therefore, that is not the major weakness. The major weakness is the morale, confidence and lack of loyalty. All these must be dictated by factors or complementariness that the Government need to give to these people. If you give me the authority to do something and you back me, then I will go and die for you. That is where we have been failing. We come to the House here and when issuing statements, we just say that police officers do not have houses, vehicles and other things. This is the true position, but it is not news to anybody in this country. It is not a discovery that they have no vehicles. It is something which is known by everyone. What are we trying to do, as a nation, to make sure that we provide the police men and women with facilities to enable them to work as hard as we expect of them to do? For example, when 42 officers were killed in Baragoi, that matter just ended like that. The 42 officers were not just monkeys from forests. They were human beings just like you and I. They also had families. We are not sure that their families have been provided with whatever would make them feel comfortable in future. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Dr.) Machage): Order!
With those few remarks, I beg to support.
Mr. Temporary Speaker, Sir, thank you for giving me this opportunity to contribute to this very important Motion. I commend the distinguished Senator from Machakos for bringing this Motion. Over the last one year, he has brought many such Motions. He should be commended for that. Since I have a very short time, I want to move an amendment to the Motion in the following terms. I beg to move:- “THAT, the Motion be amended by deleting the full stop at the end and adding the following words; “By establishing a specific insurance cover and scheme for that purpose.” I have been informed and stand educated by the distinguished Senator from Kitui, that, in fact, there exists life insurance policies for our men and women in arms, but more particularly in the armed forces as opposed to the police service. I cannot doubt him because he not only served in the defunct provincial administration, but was also a Minister in charge of defence during the last Parliament. Mr. Temporary Speaker, Sir, if you look at this Motion and look at the amendment that I am proposing, the financial outlay for the Government is not much because it is just targeting the family, children and members of the Kenya national security organs who die in the line of duty. Whether it is in Somalia or internally, 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.
(Sen. (Dr.) Machage): Use one language.
Mr. Temporary Speaker, Sir, I hear that if one wants to build the nation, they are required to take a walk for an hour or two. Under those circumstances, it is very difficult to motivate a person who has no privacy even in his family environment. This person cannot even attain most of the things that we take for granted. If there is one thing that we can give to them is to ensure that their children go to school once they die in the line of duty. They should not just go to school, but go all the way to university level. Already, we have what we call the universal free primary education. When I went to school, the State used to meet all the requirements for university education. So, I think that any Government, worth its salt, can afford this very little contribution towards the lives of the families and particularly the children of those who pay the ultimate price. Those who die in the line of duty pay the ultimate price by doing what many others do for their country. There was a famous American General, John Patterson, who used to say that you do not die for your country, but make the other person die for his country. This observation is very important. For us to make a soldier die for his country is very difficult. The equipment we give to our soldiers, as it has been said, particularly by the distinguished Senator from Laikipia, is nothing compared to what criminals and criminal gangs like the Al Shabaab are using. They are using very sophisticated equipment. Our security forces respond by using G3 rifles. So, this would be a little contribution. I think that this is a better contribution than the one that the state is asking us to contribute. Indeed, in my estimation, cutting salaries of public servants is like demanding a small harambee from Members of the Public Service to enable the Government run. This is a comparison of a harambee because they are asking for what we earn, but The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Thank you, Mr. Speaker, Sir. I stand to second this amendment. In seconding, I want to thank the Mover of the original Motion because the pride of any nation is through its security forces. Anything that happens surrounds the security of the nation. For some time now, we have realized how important it is for us to look after our military and our security personnel, particularly when they are injured in the line of duty. This has not just come up now. It was realized some time ago when an insurance firm by the name United Insurance Company was used by the armed forces as its life insurance cover provider. Unfortunately, this insurance company went under. Many members of the armed forces who were maimed, injured and killed were not compensated; neither were their families. As I speak, the company is under receivership. Therefore, it is timely that this matter is sorted out as quickly as possible. I want to confirm that having served in the Ministry of State for Defence, as recently as two years ago, there exists a life insurance policy for all military personnel. I am not very conversant with the Kenya Police and others. As I speak, I can confirm that the military personnel like the army, navy and the air force have insurance covers. Mr. Temporary Speaker, Sir, this Motion has been improved by the amendment that I have stood to support. The insurance cover that exists now is for life. This one is paid out once one has been injured or dies on duty. The amendment that has been introduced by the distinguished Senator for Siaya provides a specific amount for education that will go to cover officers. That is what hon. Sen. Muthama is proposing. This is an education fund that will be provided by the insurance company, not just to be paid after death, but one that will continue to be paid until the next of kin; the children 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, for giving me the opportunity to support the Motion as amended. The spirit of this Motion moved by Sen. Muthama is very good and the amendment even adds more value. This demonstrates the fact that this Senate recognizes the heroic work of men and women working within our security apparatus. For example, officers working in the military, the police and various other security organs, including the administration. It also demonstrates that we are concerned about their welfare and the welfare of their families. We all agree that officers working in our security organs are severely exposed to various forms of danger and threats. These are threats from external sources, from within and in various ways, including robbers and terrorists. Many of our officers are often called upon to be in the battle front and that exposes them to a lot of risk. Those working in our security organs are called upon to give us protection as citizens so that we are safe and comfortable and so that we can feel that our properties are safe. They are, therefore, performing very essential services to the citizens through their work of enforcing law and order. Because of their work, today we can talk about The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Temporary Speaker, Sir, I want to join my colleagues in thanking the originator of the Motion, Sen. Muthama and Sen. Orengo who also added more value to the Motion. We, as a nation, have not been able to look at the up of the eye of the people of Kenya keenly. These are the officers who serve as security forces in this country. You know this is a wide area. It includes the police, the General Service Unit (GSU), the Administration Police (AP), the prison officers, the Kenya Defence Forces (KDF) et cetera . I do not know how the officers in the National Intelligence Service (NIS) are taken care of here. However, we have not done very well in looking after the families of our officers who die in the line of duty. Those of us who come from the periphery of Kenya, near the border of Kenya and Uganda, see the miseries some of our officers stay in, in the process of keeping our security at the border. If one of them dies, it is so painful that we quickly forget about them. Even when they are alive, we have tortured them as follows: That the houses some of them stay in, in the course of dispensing their services and protecting me, you and every other Kenyan, are deplorable. The only thing that is catered for fully is the uniform. It is only from the uniform that you will know that this is a serving police officer. If you come to Nairobi, for us to have peace at night, you should see the work they do. They patrol throughout the night while we sleep. Look at our roads during the rush hour. These officers have become the solution to the traffic mess in this country. It is a pity that we The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Temporary Speaker, Sir, thank you very much for giving me the opportunity to contribute to this amendment to the Motion. Mr. Temporary Speaker, Sir, this is a very noble idea. Our officers can be referred to as heroes because of the duties that they perform. They sacrifice their lives. This has become a reality nowadays more than before, because in the past, the security officers were not very busy since Kenya was quite peaceful and the neighbours were not as violent as they are now. Also, terrorism was not a thing of everyday. During the Westgate attack, for example, we could see in the media security officers moving in and some of them lost their lives in the process. Most of them are not old people, who have, probably, invested heavily in the education and future of their children. Everybody works to take care of their children and secure their future. Mr. Temporary Speaker, Sir, the security officers go through a lot of hardship in order to not only protect the property of Kenyans, but also secure the future of their families. What is more peaceful and satisfying than knowing that once you are dead your children will get educated? This gives them the opportunity to work without a lot of stress. They will even avoid being swayed into corruption, because they know that they do not have to indulge in any get-rich-quick schemes in order to secure the future of their children. We know that education is not very cheap, especially at the university level. Mr. Temporary Speaker, Sir, this insurance fund will help also the widows and diminish the stress that they are left with. Most people want to inherit these widows, especially where I come from, in the pretence that they want to take care of the future of the children. But most of the time, the moment they inherit them, they spend all their money and within no minute, the children will be on the streets begging. They even become thugs and a burden to other relatives, just because there was nothing in place to ensure that they get education. If that is done, that will be the best gift.
On a point of order, Mr. Temporary Speaker, Sir. Is the distinguished Senator in order to attack my culture without specifying that the culture she is referring to cuts across two communities and that what obtains in her community does not obtain in the Abaluhya Community? This is because we take care of our widows, children and women. We preserve their legacy and, indeed, make sure that our brothers’ children get that money. Is she in order?
(Sen. (Dr.) Machage): To my knowledge, the people who should have said their culture has been attacked were not in the House. Actually she looked around and none was in the House. Continue.
Thank you very much, Mr. Temporary Speaker, Sir, for the protection. Just for information of the Senator, I cannot give all the details, but I am also The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Dr.) Machage): Hon. Senators, I think it would be prudent to dispose of the amendment so that we can continue with the main Motion.
(Sen. (Dr.) Machage): Sen. Karaba.
Mr. Temporary Speaker, Sir, this Motion is important. It is something that should not even have taken too much time because it is obvious. It is asking for something that should be done after an obvious thing has happened. When somebody dies in service, obviously, he or she is supposed to be compensated. This is what we are trying to drive towards. We are trying to get the Government machinery to know that something obvious should not take a lot of time being discussed in a House like this one. However, the absence of that action is what is prompting Sen. Muthama to move this Motion, which I support. Mr. Temporary Speaker, Sir, we talk of many things and this is something that exists in many countries. Most countries in the world which have state facilities like the United States of America (USA) and other Western countries, this fund is there. As soon as you die or have problems in the service, the Government comes in and takes the decision. They take the children and compensate the spouse. Therefore, this is something we need to introduce or borrow because it is happening elsewhere. Mr. Temporary Speaker, Sir, there is something I have observed here. Once we discuss and pass a Motion or a Bill, we always hope that it works. According to what I have heard, especially from Sen. Musila, in the Ninth Parliament we passed a Bill, where The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Dr.) Machage): Mr. Karaba, unless you want to move an amendment to include teachers, you should stick to the Motion.
Mr. Temporary Speaker, Sir, quietly, we should sneak in teachers. I support.
Thank you, Mr. Temporary Speaker Sir. I stand to support this Motion as amended. I thank Sen. Muthama for the timely Motion. We are all aware that our armed forces; the police, army and all other rangers are in danger because of wildlife and many other risks. The guards who work in security firms are in constant danger because of the nature of their duty. All these people are exposed to things that would be minimal to others. We are talking about fatality here, but we should not also forget those who are maimed in the line of duty to a degree of disability. It is a pity at times when we see officers who have been injured not being able to perform. They are forced to go home. Some of them refuse to go home, but hang around in the camps to get assistance from their colleagues. At times, their colleagues arrange funds locally to assist them. What does that do to the moral of the unit that they serve? This does not only demoralize the family or the individual who has been maimed, but the whole force. There are also circumstances that officers operate in that make them break The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Temporary Speaker, Sir, I also rise to support this Motion. When you look at the history of our disciplined forces, sometimes, we ask ourselves whether, indeed, we are willing to see them protect us or we are willing to engage them to know how to use the different ammunitions that they have in order to survive. I will give an example, when there was the issue of a haul of drugs in Mombasa and every police officer who had any link to the issue was assassinated. In one way or another, they were simply killed. There was a documentary that was aired on Citizen Television where the children were narrating their life stories and saying how they were suffering; without school fees and nobody willing to come near them because their fathers had died in the course of following drug barons in this country. Sometimes you find that there is a lot of fear in Government because of the different people or gangs that we deal with. Therefore, we tend to shy away from dealing with such issues. This Motion is, therefore, addressing such scenarios. There was a case in 2007 of Administration Police (APs) officers that were on their way to South Nyanza and they were killed in the line of duty. They were going to protect the ballot boxes before the elections, but they were ambushed and killed. Nobody knows where their families are today and how they have survived. It has reached a point where as legislators we now need to ask ourselves how we can come up with a law not just for pension, because the pension law is there, but they suffer to come and look for it every month. It also talks of compensation when death has appeared, where a lump sum is paid. This sometimes brings conflicts in the family which ends up not benefitting the children. Recently, there was a case of the late George Saitoti, Orwa Ojode and the two pilots. Today I do not know where their children are, if they are being taken care of or whether the pension due to them was paid. At that time, I looked at a small baby of one of the victims who was just one year at that time and I wonder whether they will get proper education. So, there are many things that come out. Mr. Temporary Speaker, Sir, sometimes when we look at reality, we must accept that there are some things that we are doing wrong as a country. Therefore, if we want to have good disciplined forces, we must first take care of their welfare when they are alive and assure them of their families’ welfare in case they depart in the line of duty. Their families should feel proud the way the American families feel proud to be patriotic and fight for their country. This also depends on the individuals and the institutions that are there. At the end of the day, the President wants change. However, he has a troop of many people who have different ideas and thinking. Some are still in the old way of thinking where you do things in a slow manner; where they have to be begged to give services. When a pensioner is paid, he or she has to share it out with the payee and yet he or she has come all the way from, for example, Kakamega where some transport was used. This is a very sad culture. When you look at every police officer who has been killed by armed gangs or robbers, we have never been showed the other side of the story; that, indeed, they fought 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 also rise to support this Motion which was moved by Sen. Muthama and thank him for bringing it. Mr. Temporary Speaker, Sir, there is one thing that makes me happy about this Motion, that is, the establishment of an insurance scheme. This will make work easier. We all know that people have had problems when following up compensation. 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.
Thank you, Mr. Temporary Speaker, Sir, for allowing me to contribute to this Motion. First and foremost, I want us to remind ourselves that the Bible says: “Be your brother’s keeper.” Our disciplined forces are our keepers. We must also be their keepers to accomplish the word of the God. The indecent lives of the disciplined forces in this country begin the day that these ladies and gentlemen go out for recruitment. The exercises are so vigorous. After they have secured an opportunity, the training itself is so hard and harsh. I know that every Kenyan citizen works very hard in school or training. However, at the end of the day, they are able to enjoy the fruits of their labour. But for these officers, it is vice-versa. What they reap is working under indecent conditions. Mr. Temporary Speaker, Sir, my colleague, Sen. Ndiema, reminded me of a sad story. I visited one of the prisons in Kenya in 2012 under the persons with disability movement. I was doing an audit to know how accessible the prisons and police posts are. I learnt that some of the officers, after acquiring disability during the line of duty, even if they are retained in their places of work, nothing is added. Nobody thinks about their additional special needs. We came across a police officer in one of the prisons using a potty in the house and the wife carries it to the toilet which is far. I wondered what kind of life that officer was living. The officers opened up after a lengthy discussion and told us what they were going through after acquiring a disability. They are deployed in the offices to do light duties, but without other things being catered for. Mr. Temporary Speaker, Sir, I want to support this Motion strongly because the development in this country is protected by our disciplined officers. They make sure that theft is reduced and development is growing. The security that we enjoy is in their hands. It is so sad to see that these officers are exposed to a lot of risks and carry a lot of blame for anything that happens while they carry out their duties. For example, if they act, the blame is that they used extra judicial force. If they relax, people will ask where they were when something was happening. The human rights people are also on their shoulders. When they die while on duty, where are the human rights people to speak on behalf of this people who died while working for this country? Let the truth come out that, indeed, the disciplined forces in this country live indecent lives. After they pass on, their families are exposed to a lot of injustices. 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.
Mr. Temporary Speaker, Sir, thank you for giving me this opportunity to support a very human Motion. It shows that Sen. Muthama has a heart and he has thought about something that many of us had not thought about. I believe that all Senators in this House have bodyguards and guards at home. Some of them even have a relative in the disciplined forces. So, congratulations to Sen. Muthama. When we look at most of these families, when the bread winner dies in the line of duty, they are all left languishing in poverty. This is because in our African socialization, most of the women remain in the village and the man goes to work. When the man dies and there are no benefits accorded to the woman, it is poverty that follows. Children do not go to proper schools; others die of malnutrition and things like that. If these families have an insurance policy or something to look forward to, they will be happy to see the man work out there knowing very well that in case something happens to the man, there is something to look forward to. We have other countries like New Hampshire in Rhode Island where they have a specific policy for a spouse of a police officer killed in the line of duty. I believe that if we can take this line, then people in this line can appreciate more and can do their jobs well knowing that if something happens while on duty, their families will be well taken care of. With those few remarks, I beg to support.
(Sen. (Dr.) Machage): Seeing that there is no other interested Member who wishes to contribute, I now call upon the Mover to reply.
Mr. Temporary Speaker, Sir, allow me to sincerely thank my colleagues who have contributed to this Motion. From what was captured on the Floor of this House, it is clear that there truly was need for this Motion. The Government has to take serious steps by making sure that issues which have been raised are met without delay. The illustrations that we have been given here, for example, we heard what Sen. Elachi say about what happened in Tana River County. We have also heard what was said by Sen. Wetangula, Sen. Orengo, Sen. Obure and Sen. (Dr.) Khalwale. When 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.
THAT, aware that many officers serving in Kenya’s National Security organs die in the line of duty; further aware that most of them are very young with those who are married having young spouses and children; concerned that the compensation given to their next of kin is not adequate to cater for the needs of their immediate families members, particularly their children’s education, family upkeep and other basic needs; the Senate calls upon the National Government to provide for the education of the deceased officers’ children up to university level to cater for basic needs of their immediate families by establishing a specific insurance cover and scheme for that purpose.”
Hon. Senators, the remaining one minute will not be enough to prosecute the next Motion on the Order Paper. Therefore, it is now time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Thursday, 13th March, 2014 at 2.30 pm. The Senate rose at 6.29 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.