Thank you, Mr. Speaker, Sir. I stand here on behalf of Sen. Karaba to give a Statement on Government policy on public schools. This is a Statement that was sought by the Senator for Kirinyaga County, Sen. Karaba on 19th March 2014. The response is signed by the Cabinet Secretary, Prof. Kaimenyi.

Order, Sen. (Dr.) Zani! Who sought the Statement?

Mr. Speaker, Sir, it was sought by Sen. Karaba when he was not the Chairman of this Committee. He is now the Chairman of this Committee. So, the answer is coming from the Committee to Sen. Karaba. Shall I go on?

That is a strange one but proceed.

Mr. Speaker, Sir, when he sought the Statement he was a Member of the Committee. Members of the Committee appreciated the weight of the subject matter because of its importance to the nation in terms of the policy on public school fees. Many schools over time have increased the levies and fees without adhering to the fees guidelines. The Statement sought to find out, one, whether the Government was aware of this and whether it was doing anything to ensure that these guidelines are adhered to. So, Sen. Karaba requested for a Statement from the Chairperson of the Standing Committee on Education, Information and Technology, relating to the national Government policy on public school fees structure, with specific reference to the following:- (a) Whether the Cabinet Secretary is aware that the guidelines provided by the Government on how much fees public schools should charge are not followed to the letter; 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.

Mr. Speaker, Sir, in the Statement issued, the Cabinet Secretary is quoted to have said that the levies will be limited to only essential issues and avoid all non-essential services. Has he enumerated what he thinks are essential services and what he thinks are non-essential services? Is it not just a blanket allowance for schools to continue levying higher fees to parents?

Mr. Speaker, Sir, the fees which is charged by secondary schools has such a big variance. You will find that within the same area, whether it is a levy or whatever, you will find that there is such a big variance. Although this is a Statement coming from the Cabinet Secretary concerned, did the Committee delve into the matter and address this big variance that needs to be addressed on its own?

Mr. Speaker, Sir, I want to thank Sen. (Dr.) Zani for the Statement. You will agree with me that the cost of taking children even to public schools has skyrocketed and education is now not accessible to the poor. I know of public schools in my county that have a fees structure of 80,000 and above per year. These are public schools where we expect the Government to subsidize. I am not happy with the intervention the Ministry has taken telling us that they have issued circulars. I do not think that, that is good enough because these circulars are not obeyed by the principals and the administration of the schools. Could Sen. (Dr.) Zani tell us how many cases have undergone disciplinary action because she has said that they have issued circulars and anybody not obeying them will face disciplinary action?

Mr. Speaker, Sir, I also want to thank Sen. (Dr.) Zani for the report that she has read to this House. The variance in school fees that has been alluded to by the two Senators is actually the reason students are unable to pay school fees. Recently we passed a Motion here requiring the Government to release certificates that have been withheld since 2006. While welcoming the President’s recent statement that very soon secondary school education will be free, could the distinguished Senator tell this House 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.

Mr. Speaker, Sir, I thank Sen. (Dr.) Zani for that Statement. The affordability of secondary education in this country has become a privilege. I agree with Sen. Musila that this Government would want to declare free secondary education by 2016. But in the interim, I know that in the Budget that was just read last week, there was an increase of 33 per cent in the amount of money that has been allocated for secondary school tuition. Could she explain how that will impact on the school fees structure of public schools?

Sen. (Dr.) Zani, you can now respond to those questions.

Mr. Speaker, Sir, let me start with the last query on the 33 per cent increment for tuition levies and just start by being very specific that when the Statement was sought, it did not go directly into the implication of this 33 per cent increment on tuition. Therefore, we did not get a direct feedback for that information. But it is true that if that increment has been made, then it is important that, that is factored in, so that it can actually ease the burden. It is true that now in Kenya, the levels of education and the type of education are pre-determined by the social class because of the high fees that is charged.

Order, Sen. (Dr.) Zani! You are now being speculative. Either you know what the additional would do or you do not.

Mr. Speaker, Sir, I stand guided. As per now and as per the report and the Statement that was sought, we had not requested for that information. So, right away, I do not have that information. On the issue of the release of certificates, again, that came as a Motion in this House. We said that those certificates should be released, but for this specific Statement, again, we did not ask that question directly. We actually implied that as a result of the high cost, certificates will not be given on time. We did not seek for a direct request on the same. On the issue of the variance between the various types of schools, if I can allude to this from the information that is highlighted here, because from the report, there are terms of reference that have been given for a specific taskforce that was set up. For that specific taskforce, one of the things they were going to consider is to look at that specific variation and give us a feedback as to why that variation is there. The logic is that if certain schools can survive and are only charging Kshs.20,000, why would others have to charge Kshs80,000 for more or less the same type of education? So that is a matter that is being handled by the taskforce that is being chaired by Prof. Mwiria and in good time, I think they want to go into it in detail so that they can actually address these variations and rationalize all the levies and the fees. It is true that in this particular Statement, the whole idea of non-essential levies has been left floating. With your indulgence, that is a matter we need to go and delve into as a Committee. This is where the gap really is. They will look at the so-called non-essential levies. For some they will term them as essential while for others, non-essential. That 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. Speaker, Sir, you have heard Sen. (Dr.) Zani’s response to a question that I asked. When budgets are prepared, three or four months before that budget, policy statements are done which determine, based on the policy of a particular Ministry, how much resources are allocated. Before the Government decided on an increase of 33 per cent on the allocation for tuition to secondary schools, that policy must have been discussed and agreed on by the Ministry long before the question was answered. Whoever has given the answer should have known that there is the 33 per cent. In other words, the cost for public secondary schools should actually have gone down by a third because the Government will increase the allocation by one-third. Would I be in order to request the Committee to find out whether that increase by one-third would actually result in a decrease in the fees by a third?

Mr. Speaker, Sir, the sentiments that have been raised by Sen. Kerrow are very important. This is a matter that we, as the Committee, need to look into. He is right that, that 33 per cent in itself should be able to reduce the fees by a third. That is a specific policy that has been put in place by the Government to ease the burden. We will go back and query the issues to find out whether that has been implemented, to what extent and what the effects of that have been. Indeed, not only do we need to find out whether it has been applied, but also whether there has been a specific effect. We also need to know whether that specific effect can actually be seen within the various variances because we could have school fees, for example, at Alliance High School reducing, but still be substantially high. Of the 33 per cent, those who are paying 20 per cent when it is reduced by a third will go very low. But in terms of a comparative approach those, for example, in Alliance High School, will still be paying more. The intervention, in terms of education to ensure that the fees is actually across board, more or less distributed, will be important for us, as a Committee, to look into.

Sen. Khaniri, is it on the same or different matter?

On a different matter, Mr. Speaker, Sir.

I was wondering from the response of Sen. (Dr.) Zani whether she is working on the assumption. She has been misled by Sen. Kerrow that the numbers remain the same. It is also probable that may be the enrolment is higher and there are more schools. Those are all possibilities. Sen. (Dr.) Zani, find out and let the House know. Sen. Khaniri, you may proceed.

Mr. Speaker, Sir, I rise to give a Statement that was sought by Sen. Mutula Kilonzo Jnr., the Senator for Makueni County and directed to the Committee on Land and Natural Resources. Mr. Speaker, Sir, I note the Senator is not in the Chamber. I need your guidance on whether I should continue and give the Statement or we should wait for his presence.

We have established the practice of at least deferring the Statement to allow a Senator to be present so that he can interrogate the statement, unless he is persistently absent. For now, let us give him the benefit of doubt. 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.

Most obliged, Mr. Speaker, Sir. However, I noted that in the previous Statement the questioner was not in and debate on it was allowed to go on. I know for sure Sen. Karaba attends the Senate religiously.

You were there when I made the same observation. A Member of the Committee, Sen. (Dr.) Zani, clarified that the Statement was sought by the Chairperson himself. Now that he is the Chairperson, it would have been inappropriate for him to present and interrogate the same. But they had taken a decision as a Committee that the issue is of such immense public interest. As you can see, almost the entire House made interventions. Any other statement? Sen. Wako. APPOINTMENT OF COMMISSIONERS TO THE GENDER AND HUMAN RIGHTS COMMISSION

Mr. Speaker, Sir, I rise in response to a Statement requested for by Sen. Billow on issues surrounding the appointment to the Gender and Human Rights Commission (GHRC). We were directed to get in touch with the Ministry of Devolution and obtain answers. We have part of the answer from the Ministry on their part. But on the key questions, they have said, and I agree with them, that we need to get the answers from the Office of the Attorney-General and the Department of Justice because according to Executive Order No.2 of 2013 that Commission falls under the office of the Attorney- General. We have been in contact with the Public Service Commission (PSC) and the office of the Attorney-General. I expect to get an answer very shortly. So, I really want to tender my sincere regrets to my friend, Sen. Billow Kerrow, that I am not able to give him a full and comprehensive answer today until I get that information from the office of the Attorney-General. What has happened is that the panel was constituted, it carried out interviews and we have the dates of those interviews. But anything beyond that, is a matter for the office of the Attorney-General. Mr. Speaker, Sir, I beg to request for more time. I hope my learned friend – sorry, he is not my learned friend, but my colleague will accept that we give the answer in two weeks.

Who sought the Statement?

Sen. Billow Kerrow.

Sen. Kerrow, what do you have to say?

Mr. Speaker, Sir, I thank the Attorney-General Emeritus for the suggestion that he has now got half the answer and he is looking for the other half. But I want to emphasize that I sought that Statement several months ago. It has taken too long and I do not want it to be overtaken by events. So, I would really appreciate if he could expedite it and get the response before the end of two weeks.

Mr. Speaker, Sir, we shall try to expedite with the office of the Attorney-General to give us a requisite answer as quickly as possible. I think they will co-operate. They have not given me cause not to co-operate. So, two weeks will be in order. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

So, with the anticipated co-operation, you require two weeks?

Yes, Mr. Speaker, Sir.

Sen. Wako, I have a copy of the correspondence. This matter must have been raised in March. The response was sent to us by a letter dated 7th April, 2014. Today is 18th June, 2014.

Maybe I can---

You do not need to. I am just saying that there has been sufficient time between April and now; we are almost three weeks of June. That is a lot of time that you should have used to look for the remaining information.

Mr. Speaker, Sir, I want to agree with you. The letter says:- “Request for information from the National Gender and Equality Commission (NGEC). Secondly, also request the Public Service Commission (PSC) to provide---” There was a bit of delay there because we were chasing the wrong horses; the Commission itself and the PSC. It is only later we learnt that information should come from the office of the Attorney-General who submits the list to the President for signature. I agree there was a delay, but it is because of that confusion.

Let us have the statement in two weeks time. Any other statement? That is the end of that Order. Next Order!

Hon. Senators, this Motion had been exhausted. It was just awaiting the Mover to reply.

Sen. (Dr.) Zani, you seem to have acquired some new status that I am not aware of. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, on behalf of the Chair of the Committee on Education, I start by thanking the Members of the Senate for the enormous contributions that they have made. As we discussed this report, there was an agreement among the Members in the Senate that this was a comprehensive report that had delved into very key and critical issues in education, especially early childhood education which is a devolved function. Secondly, matters of education, especially at preliminary levels, have not been given the attention that they deserve. It, therefore, became necessary for us, as a Committee, to go round to the various counties to find out exactly what is happening. We need to establish the levels of ECDs in these specific counties and what the challenges are, so that we can begin to network with the various counties and levels of leadership within the counties. Mr. Speaker, Sir, the Committee tried as much as possible to engage the various stakeholders at the county level, including the county governments themselves. We also visited various centres to see for ourselves what is happening, so that when recommendations are made, this is done from a very informed point of view. The counties that were visited are from the Coast namely; Lamu, Tana River, Kilifi, Mombasa and Kwale. This initiative targeting coastal counties is important because we know for a long time that counties from the Coast in terms of education performance have not been able to exhibit the sort of excellence that they is found elsewhere. There is still a long way to go. Therefore, some of the recommendations in this report cut across, not only the counties that were visited, but also other counties, probably, also marginalized counties. This is very important. Mr. Speaker, Sir, we wanted to find out the county priorities as far as education and ICT is concerned. Even as the events of Mpeketoni unfolded in Lamu County, the whole country was able to know what was happening very quickly because of ICT. The initiatives that can be used in ICT in the world today cannot be understated. Therefore, for us in this Committee, it is important to ensure that centres are well equipped, that computers are given to those centres, teachers are well trained and motivated and that they have been employed and remunerated in an adequate way. We will continue to address some of these issues in our Committee through the ECD Bill that will shortly be presented to the House. This Bill delves into specific issues that are important. Issues of financial resources are key. They are essential for equitable development. The recommendations in this report are such that there should be equitable development. We, as a Committee, also wanted to look at the process in the infrastructural development within the various counties. Indeed, in the long run we are looking at what we are calling the best classroom model for children between the ages of three and six so that as they go through this educational experience, they can enjoy, learn and understand what is happening. Various challenges and recommendations have been given in the report because this report was discussed in detail in this House. I do not want to go again and discuss them afresh. But I will just mention them in way of passing and take on board the recommendations that were made by the various Senators who spoke to this report. Among the challenges are issues of poor pay, lack of support, especially for teachers at The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senators! My reading of this is that this is really a Report of a Committee of the House to the House. The House membership has delegations. So, I do not really think that it is a matter affecting counties.

I, therefore, wish to put the Question and, again, say that this is not a matter affecting counties.

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(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to move the following Motion in an amended form:- THAT, aware that pursuant to Article 6(2)---

Order, Senator! Cite the relevant Standing Order, particularly being a Professor of Law.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, thank you for the kind reminder. Mr. Speaker, Sir, I beg to move the following Motion in an amended form, in accordance with Standing Order No.49, which allows this to happen with the leave of the Speaker, and the Speaker having satisfied himself that the amendment does not alter the substance of the Motion in a material way. I have already shared this with you---

Proceed!

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to move the following Motion in an amended form:- THAT, aware that pursuant to Article 6(2) of the Constitution, the national and county levels of government are distinct and interdependent and that they may conduct their mutual relations on the basis of consultation and co-operation; recognizing that the respective functions and powers of national and county governments are provided for in Article 186 and the Fourth Schedule of the Constitution, and that under paragraphs 6 and 7 of Part 1 of the Fourth Schedule, national security is a function of the national government; further recognizing that Article 187 of the Constitution provides for the transfer of functions and powers from one level of government to the other; cognizant that Nairobi City is the main gateway to Kenya; concerned, however, that the threat of terrorism continues to be a major challenge to Nairobi City and the country at large which adversely affects Kenya’s image internationally and hampers investment; recognizing that Article 247 of the Constitution allows for establishment of police formations to supplement the National Police Service; the Senate urges the national government to- (a) enter into agreement with the County Government of Nairobi with a view to transforming its City Inspectorate Department into a modern metropolitan security agency, capable of detecting and combating criminal activities; and, (b) initiate legislation to provide for a legal framework for the complementary roles of the proposed Nairobi Metropolitan Security Agency to supplement the role of the National Security Agencies in Nairobi and its environs. Mr. Speaker, Sir, Nairobi City is one of the few modern cities that are still struggling with serious issues around law and order. This Motion is about relooking at The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I note those words; “rare.” I am here to support this Motion because it is timely. Nairobi, being a metropolitan City – and I think until the new Constitution was promulgated, it was the only city in the country – now needs special attention, especially on security. It needs special attention because you cannot walk on these streets, especially beyond Tom Mboya Street, without being mugged. In fact, just to emphasize, I was a victim recently. I was actually driving along Waiyaki Way and I slowed down to pick my phone. Of course, I was making a mistake to pick my phone, but I did not know that my window was halfway down. Somebody just grabbed it and ran away with it. It seems like everywhere you walk in Nairobi, if you meet three people, two of them are thieves. We are living in a very bad environment. In fact, if you went abroad and you met a similar situation – that you were walking on the street, talking to your phone and somebody grabbed it – I do not think you would want to go back to that country again. In fact, it leaves a very bad taste in your mouth. What kind of country is this? But unfortunately, that is how Nairobi is known. Other countries are known because if you take your hand out of the window of a plane and it is too hot, then you know you are nearing Egypt; if it is too cold, then you know that this must be Europe. But if you are wearing your watch and you put your hand out of the window and your watch is grabbed, then you know you are nearing Nairobi.

That is the kind of life we are leading and we must live with this situation somehow. I think our police force is over stretched, both in numbers and equipment. We must find another way; we have to be very creative. I want to thank the professor for being very creative by bringing up this Motion, preparing us for a Bill that will eventually make this possible. Mr. Speaker, Sir, Nairobi has what I will now call “old crime.” These are burglary, mugging, theft, robbery, rape, pilfering and all those kind of things. But there is also the new crime that is terrorism, which we must also deal with. I know that to deal with terrorism, we will rely more on intelligence than on brute force. The people who work for Nairobi City as of now are people who have worked in this city for a long time; they know their city very well, they know the people in this city better than we do and they transact with them on a daily basis. I think if co-opted into helping the national police in doing some of the things that the police are grappling with, they could do it better. They only need equipment, training and help that will make them deal with 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.

Order, Senators! Before we proceed with that Motion, I would like to interrupt it a bit with a communication.

Hon. Senators, it is with a heavy heart that I regret to announce the death of a distinguished Kenyan, an elder statesman and a patriot, hon. Gen. (Rtd.) Jackson Kimeu Mulinge, which took place on Sunday, 15th June, 2014. The late hon. Gen. (Rtd.) Jackson Kimeu Mulinge was born in Kathiani, Machakos County, in 1924. He attended AIM School, Mumbuni in Machakos, then joined the military and began serving his country in 1942. He was granted commission as an officer in the Kings African Rifles (KAR) in 1961. In 1963, he was appointed commanding officer, Third Kenya Rifles. The General rose through the ranks to become commander of the Kenya Army in 1969 and later in 1971, the first Chief of General Staff (CGS) of the Kenya Armed Forces. He was the first to become a full star General in Kenya and the first full star General to hold this position previously occupied by a Major General. 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 wish to stand for a few minutes to really thank you for the tribute that you have paid to this gallant son of Kenya, the late hon. Gen. (Rtd.) Jackson Kimeu Mulinge, now departed. Mr. Speaker, Sir, as you have eloquently stated, the late hon. Gen. (Rtd.) Jackson Kimeu Mulinge served this nation with a lot of loyalty and dedication. He gave very loyal service and it is really instructive to know that he joined the service in 1942, just a year before I was born, and served for 44 years. Mr. Speaker, Sir, in today’s Daily Nation, the heading says the following about hon. Gen. (Rtd.) Jackson Kimeu Mulinge: “Mulinge loved playing by the rules.” I think that is the most important statement that can be made of this man. The only assertion that I disagreed with – and I would like to take this opportunity to correct – is this statement and I quote:- “Decisions by Mulinge were sometimes hamstrung by his lack of formal education, that made him rely on other officers.” 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.

If you all can be brief like Sen. Musila or even better, then it will be good.

Mr. Speaker, Sir, I also want to join you and other Members in sending condolences to the family of the late General, to the people of Kathiani, Machakos County and the entire country because he served all of us. This is a gallant son of Kenya who was loyal. I had the honour and privilege of meeting him when he was holding that position and he, indeed, felt a Kenyan; he protected Kenya. He protected Kenya against a coup in this country which would have brought misery in this country. So, he is a good example and a gallant son of this country and may God rest his soul in eternal peace.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I join other Kenyans to mourn the late Gen. Mulinge, a great son of Kenya who, sadly, has left us at a time when we are grappling with the security and stability of our nation. I want to celebrate the great things and the heroic work that Gen. Mulinge did together with his colleagues in the service of our nation. I just want to recall as others have done, that in 1982 possibly, without Gen. Mulinge and Gen. Mohamud Mohamed, Kenya today would be in tatters. However, because of his self-less service to the nation and his discipline as a military man, they stood firm and defended the country. As we mourn the departed general, perhaps, as a nation, this is the time that we want to call upon all of us to be patriotic and to contribute to the solutions of the problems that the country is facing today. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Bw. Spika, kwa niaba yangu mwenyewe na wananchi wa Migori County, ninatuma rambirambi zetu kwa familia na marafiki wa huyu Gen. Mulinge ambaye alikuwa mcheshi, mzalendo na aliyependwa na watu nchini. Kazi yake ilidhihirika na uwezo wake ulionekana kwa kazi aliyopewa. Si wengi wetu walio kama yeye alivyokuwa wakati wa uhai wake. Lakini pia tunamshukuru Mungu kwamba aliishi miaka mingi. Umri wake si jambo la kawaida kwa wengi nchini. Hata kama tunalia na kutoa machozi, pia ni lazima tusherehekee maisha marefu aliyopewa na Mwenyezi Mungu huyo mzalendo wa nchi ya Kenya. Tukubali yaliyotendeka na kumshukuru Mungu kwa maisha yake. Asante, Bw. Spika.

Mr. Speaker, Sir, I also join my colleagues in sending my heartfelt condolences to the family of our departed friend and father Gen. Mulinge. I knew him personally. He loved this country and he was a selfless man. He always put the country first. His story will tell itself because he saved this country. He did not put himself first. He averted two attempted coups because he was not greedy. I only wish others can emulate such good character of the general that we have lost. He also molded the army to the status that we are proud of today. That is why our Kenya Defence Force (KDF) is excelling in Somalia. So, his hand is there. We do appreciate all the good things that he did. I do remember very well that his friend, the second President of Kenya, would say all the time that Gen. Mulinge is a very good man. Indeed, we have lost a very good man and may God rest his soul in eternal peace.

Mr. Speaker, Sir, I wish to thank you for giving me the opportunity to join my colleagues and friends in mourning the passing on of a patriot, the late Gen. Mulinge, a former Member of Parliament and a person who served this nation selflessly. I listened to my friend and colleague, Sen. Musila giving his message of condolence. I would like to reiterate and adopt in full what he has said because, obviously, he was talking as a person who knows him very well. On my own behalf and on behalf of the people of the County of Murang’a, I also wish to send my message of condolences to the family, relatives and friends of the late general. Mr. Speaker, Sir, let me add that when you read about people like Gen. Mulinge, and I did not know him personally although I had the fortune of knowing his son who is a good friend of mine and what I see in his son is what was in his father, then I can truly talk of a great person. It is people like Gen. Mulinge who make us realize the meaning of patriotism, the meaning of love for God and country. The meaning of playing by the rules as was stated in the Daily Nation newspaper today and the need to put the nation and the country always first before self. Without making it a cliché, it is unfortunate that we do not have many people like that in this country today. Today we have people who think about themselves first and the nation second even when they are public servants. It is my prayer and wish that even as I pray that his soul rests in peace, that this country again uses this opportunity as a learning curve of what it means to work for a country, to love a nation and to be selfless when you are working for the 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.

Mr. Speaker, Sir, I stand here to pass my condolences to the family and relatives of Gen. Mulinge. I did not know him personally, but I studied him in geography, history and civics in primary school. What I strongly remember about Gen. Mulinge is his love for the country, particularly his personal sacrifice for the greater good. If there is something that will always be remembered about him, it is the fact that he stood firm in 1982 when the country was facing its greatest challenge in terms of a coup. That is a man who teaches all of us that you do not always have to act for personal interest, but for the greater good of the country. There is something that always pains me; that is history. If you travel to all countries of the world, you will see they have documented their history. About one month ago, I was in China. They have documented their history. If you go to Nanjing, you will find the history about the inversion of the Japanese in China. So, there is a clear history of what happened, how many people died, where did they come from, who helped, what tribunal was formed, who was punished, who was the judge in that tribunal and so forth. Mr. Speaker, sir, in this country, we have left our history to oral literature so that it depends on whether Sen. Musila is able to give a proper account about Gen. Mulinge or something like that. So, the history of this country is not good because we have not documented properly what great men and women have done for this country. The reason we are still divided on tribal, ethnic, and gender grounds is because we have not really found historical facts or situations captured so well that they can teach a child that Tom Mboya, when he was a Member of Parliament in Nairobi was elected by all tribes and acted for the interest of the whole country. What Gen. Mulinge did was to protect the whole nation. Can you imagine if the 1982 coup had succeeded? Perhaps, we could be having a different history. Maybe I would not even be here. Most of us would not have had a chance to be here. Mr. Speaker, Sir, I want us, as a House, at an opportune time, using our county governments to have a law that requires that every county government documents historical facts that happened. A museum is a function of county governments. We should recognize heroes who come from those county governments. Perhaps, in the past, our history was written in a skewed manner so that certain people who did great things in Turkana are never remembered unless you are within a hundred metres radius from Nairobi. So, it is important that we ensure that our history is documented well. The county governments should use the function of museums so that we have a sport museum in Elgeyo-Marakwet County. Great sportsmen from that county should be recognized. We have great military men like Gen. Mulinge. This is something that can be remembered by Machakos County. They should have something. They should even construct a road or construct a particular entity and call it Gen. Mulinge Road, Gen. Mulinge Museum or Gen. Mulinge Institute and so on. This is the only way the youth of this country can remember our history. With those few remarks, I want to, once again, send condolences and ask Kenyans, especially we, politicians, that at such a time - when we celebrate a man who sacrificed his life to ensure that this country is together, we should be united. We should 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, first, I want to send my condolences to the family of Gen. Mulinge and the people of Ukambani for the loss of a great man. I did not work with him for a long time, but the little time I knew him, he was a man of his word. During the coup, I was very close to him and saw how the Government was reorganized. One thing I continue remembering is when after Kenyatta’s death, he waited until 2.00 p.m. before pronouncing a new President. Gen. Mulinge came and asked us “suppose another person declares himself the president because I have taken too long to swear in the Vice-President” That showed that he was a man of wisdom. I worked with him and even when I came to disagree with the system at that time, he refused to join those who were trying to find mistakes in me. I remember that some 36 armed forces men and women came to my office. They wanted me to give them shambas. I was so lucky to ask them to go and get a letter from Gen. Mulinge. If Gen. Mulinge had not issued a small note, it was going to confirm that I was going to take over the Government because it meant that I was organizing some armed forces or military to take over the Government. Those were the days when anybody could say anything and it will remain the truth. Gen. Mulinge remained level headed; a man of his word, a man who did not fear to tell Moi when things were not good in the army. He would tell Moi that the majors and captains in the army were not happy. We survived at that time because of him. He was very genuine and was liked by other people who worked with him. I do not think Mulinge knew about tribalism. These were the people who went to fight the World War II and had been trained. So, they did not have any idea of tribalism. When he took over the leadership of the army, he was taking over from another general who had a little bit misbehaved because he thought he could have taken over the Government. Gen. Mulinge came up and said that as long as he was in charge, the country should be stable. If there is any other problem to face this country, then it would not come from the army. Mr. Speaker, Sir, in 1982 during the coup - a human being can err at times because the report was that--- I was in the security department. The report was that there was going to be a coup de tat and I kept on informing the system. The mistake we did is that the military sent all our people for training in western Kenya. They sent about 15,000 soldiers. The guys who were trying to take over and were known very well, realized that they had already told other people to come back, so that they could be arrested. The mistake we made at that time was to trivialize that matter. The general did not understand how, somebody in Laikipia base, by the name of Ochuka, a young fellow who was frustrated and had no money, nobody could understand that he can organize those things. That is why I am saying that when we are talking here about the security of the country, a small thing can ignite a war; a problem that none of us can control. Mr. Speaker, Sir, I want to thank the Speaker for catching my eyes because I thought I would not talk because my throat is not well. I thank you.

(Hon. Ethuro): That marks the end of that intervention. 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 also stand to support and to thank the Mover of the Motion. We know that at the moment, in our country, we are facing many challenges in terms of security. Today, even within the county governments, the governors are also wondering how they can assist since this is a national function. However, they would wish to assist because the people who are dying are within counties. When we talk about security, it is important to remember that this is not about us, but about the whole country. Both leaders of the national and those of the county governments should make a formal commitment in terms of cooperation and issues of security. If you look at the challenges that Mombasa and Nairobi counties are facing today, indeed, you will see that they need metropolitan police to assist. The police should assist in terms of ensuring intelligence information and creating domestic structures. They should ensure that they work together with the national Government in dealing with crime. The crime rate is escalating and becoming high-tech. We want to see a metropolitan security agency that can facilitate communication, coordinate and even integrate what they have in terms of supporting the other security agencies. Mr. Speaker, Sir, a few minutes ago, our friend and colleague, the Senator for Homa Bay County, talked about how he was robbed of his phone. As you walk on the streets of Nairobi, you will not just worry about the person who will mug you, but also about the street families that have come back. You will also wonder how you can support that initiative so that we have a safer environment. The first question you may need to ask yourself is where the street families come from and what challenges they face. In the end, they are the ones who end up coordinating with muggers. Your phone is taken and given to a woman who is walking in the streets with a baby. You will think that this are poor women carrying babies in the streets and even assist them. However, these people work together. We want to see Nairobi coming up with more of these Motions. We also want to see the Nairobi County Government trying to deal with the challenges we are facing in terms of street families. How do we support these families and how do we ensure that we remove them from the streets? During the times of Uncle Moody as the Vice President and Minister for Home Affairs, he tried his best to remove these families from the streets. He was strict and firm. He told them to go back to their homes. He warned that if he found any child on the streets, that child would have to take him to their home, where the family lived or to the chief. He wanted to know what challenges the young children were facing and why some of them were being taken through child labour. Any time we have the national celebrations, you will see the askaris of county governments, especially those of Nairobi County dressed very smartly. They are good and well trained to do this job. The only challenge we all have is the corruption we talk about from our homes to the institutions. This is a challenge to all Kenyans. This is a challenge even to them in terms of performance. Today, you will find that we have parking lots in Nairobi. Within the same parking lots, we have young boys whom I would wish to continue doing their jobs, but in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir for giving me this opportunity. From the outset, I support and congratulate Sen. (Prof.) Kindiki for bringing this Motion. This Motion talks about issues that are dear to us, as Senators. The issue of security is dear to us. Currently, we are seeking solutions to these issues of security. We have been The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir for giving me an opportunity to contribute to this wonderful Motion by the Senate Majority Leader. This Motion is telling us that devolution is here to stay. Owing to the maturity that has already been demonstrated, the national Government can cede some functions to the county governments. For that matter, I see it being a very noble idea that an agreement can be entered between county governments and the national Government so that the Inspectorate Department is transformed. What is the county government requesting? Already, we know that the Inspectorate that is there has the personnel, a good uniform like the Senator for Homa Bay described, but not very decent to some eyes. However, in terms of training, they want, if possible for their personnel to be trained. Other than that, it is good to note that although we have that department, which functions very well, it uses wrong motor vehicles. You will find them using tippers to arrest people. You can imagine that some ladies are thrown into the tippers which are very high. 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 join my colleagues in congratulating Sen. (Prof.) Kindiki for a well thought out Motion which I support. One of the omissions that I think we did when we were formulating our Constitution was in the area that we are discussing now. The National Police Service (NPS) is overstretched and wherever we go all over the world, there is nowhere that the national police take responsibility of the metropolitan areas. You always have a special police with unique issues in that area that takes care of security and other related functions. So, this is an appropriate opportunity for us to correct something that we forgot. The law also gave us the opportunity or the right to be doing laws wherever we find gaps. I think we can all see that this is a major gap. Before I come specifically to Nairobi, I want to say that we will also need this police force in a metropolitan setting not confined to Nairobi because we have other cities with similar challenges like Nairobi, Kisumu and Eldoret. I think we should put a cap that whenever a metropolitan becomes a city, then it qualifies to have metropolitan police because any area that is declared a city will definitely have some security challenges like the ones we are dealing with in Nairobi. We should not just consider Nairobi and tomorrow we start talking about Mombasa. I think we must have a formula that after you are declared a city you qualify to have a metropolitan police. At the moment, Governors are at the mercy of the national police even on implementing things that they can. For example, too many informal settlements are coming up in our cities. In Nairobi, for example, people just come and start in a small way, they construct a banda and the following morning another and then it becomes a slum. The city inspectorate police may not really have the power to arrest that situation. If we had the metropolitan police with full police arresting, investigating and prosecution 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): Sen. Kittony!

Thank you, Mr. Temporary Speaker, Sir. From the outset, I would like to commend the Mover of this Motion and also congratulate you for being in the Chair. I have not spoken before when you are in the Chair. I am happy that I have caught your eye. Mr. Temporary Speaker, Sir, this Motion has come at a very appropriate moment, because it conforms to the mandate of the Senate on devolved systems. Devolution will be a reality if we start to implement and introduce this very worthy metropolitan security in our capital City. Nairobi being the capital City of Kenya is known to be the City in the Sun. Given the number of visitors that this country receives, I think that it is the most appropriate time to implement this Motion. It is a very good beginning for the Senate because we are fulfilling what is required of us. Mr. Temporary Speaker, Sir, the Mover researched the Motion well and has brought it at a very appropriate time. We have seen this system in many countries. In America, they are called Sheriffs. They are friendly to the people and are known. That is why there is reduced rate of crime. If it is introduced now and rolled out eventually to all our cities and towns, I think that the rate of crime in this country will reduce. Mr. Temporary Speaker, Sir, I think that it is also very important if they will be different from the normal police officers that we have. Let them get special training and learn to be friendly. They should handle situations the way they come. The police force that we have is known for pride. Therefore, if the special unit is created and it becomes friendly, a lot of good things will happen. Mr. Temporary Speaker, Sir, this Motion needs to be passed as a matter of urgency, so that we can curtail the increased incidents of crime. The special training and friendliness to the people will help. We are seeing a number of young people in the streets smoking and walking around with water bottles, whose contents I do not even know. If the special unit is in place, I think that it can be in charge. As a result, crime will reduce in the society. Mr. Temporary Speaker, Sir, once again, I congratulate the Mover and support the Motion.

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity to say what I think I should say on this Motion. Mr. Temporary Speaker, Sir, while I support all the efforts that the Senators are making, to make sure that this country has an improved security network, there are many other things that we need to consider. We are now thinking of devolving the national Government in terms of security. But in the national Government today, no one can say that they are quite ready to be devolved. This is because they have not done what is supposed to be done in a new system, like the one that we have. We are fighting international terrorism and even petty crimes have increased in a way. There are murders that are taking place in Nairobi with impunity. Every now and then, you will hear that somebody has been found murdered on the streets. The same thing is happening 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.

(Sen. (Dr.) Machage): Order! There will be no controversies here. This Motion was brought to us by Sen. (Prof.) Kindiki, and that is it. Whether there are hidden arms behind it, is none of our concerns. Let it be so seen and it is so written.

With all due respect, Mr. Temporary Speaker, Sir, that is the reason I am asking several questions because I do not know. No one would claim the intention of the gentleman who brought it here, except himself. But I was just trying, for the party; the way the party works in the system, to find out whether it is a Government Motion or it is a private Members Motion. That will guide us on what position we are 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): Indeed, Sen. G.G. Kariuki, you are allowed to move an amendment to the Standing Orders to bring that important observation.

Thank you, Mr. Temporary Speaker, Sir. But I think we have the officials here who should now also be concerned with the views we are raising on the Floor here. It is for them to understand that concern and advise us; that is why they are here as technicians. I hope they will do that so that we know that, as I stand here, I am supporting Sen. (Prof.) Kindiki because he is the head of my political party; or I am supporting him because it is a private Motion. That is what I was trying to pass across. Finally, Mr. Temporary Speaker, Sir, because my time is running out, the national Government has not proved that they have the will to change. They have pronounced the change, but we cannot see any evidence of it, other than the money which has been voted to the national Government in terms of security; that is the figure that we can go by. But for Kenyans to sit down and decide their future, it is really demanding because this insecurity is not for the Government parties. It is not for the Opposition, but it is just like the soul which belongs to God. Therefore, we all belong to God, just like the people who died. Somebody would say because they came from a certain tribe; but I want to say this; if you cause somebody’s death, you are just telling him “go ahead, I am following you” because you will not live forever. You will just follow him and then you will face the same fate. Mr. Temporary Speaker, Sir, with these few remarks---

(Sen. (Dr.) Machage): Order, Sen. Kittony! Go to the Bar and bow before you cross the Floor. I want this practice to be appreciated. Sen. Kittony, you are an old legislator and you know that.

Very good; now you can cross the Floor.

Mr. Temporary Speaker, Sir, I am not allowed to comment on your directives---

(Sen. (Dr.) Machage): Continue; continue! I will add you one minute.

Just one minute. 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 rise to support this Motion. As most of my colleagues have said, this is a very timely Motion that has come at a very opportune time for this country, given the security challenges that we have been facing as a country. Mr. Temporary Speaker, Sir, the efforts by the Senate Majority Leader to bring into clear perspective the ways and means by which we can enhance security speaks for themselves. As we look at the possibilities and the options that we have open in enhancing security, I notice in this Motion that the Senate Majority Leader has given emphasis to crimes and terrorism. It is then that, as a House and as we contribute to this Motion that we need to pick out and highlight some of the important areas that will give flesh to this Motion so that it can become useful and impactful to the people of this country, and help us realize what we need to realize as a House. Mr. Temporary Speaker, Sir, the threat of terrorism in this country has largely not been confined of late to Nairobi, Mombasa or to any of the urban centres. We have had waves of terrorist activities and strikes in Mandera, which is not even a city. We had similar attacks in Wajir, which is not even a city. As we look at the threat of terrorism and at a time when the world has gone digital, terrorist activities are now carried out in various forms; from grenades, guns, bombs, including cyber terrorism. It is important then that we widen the scope of what we look at as security. Mr. Temporary Speaker, Sir, when we talk about security, I believe that the intention of the Senate Majority Leader was not only to confine his thoughts of security only to the threats of people being attacked by gun wielding thugs, but security in the broader sense as envisaged in our Constitution; that we are all entitled, as citizens of this country, to life and that right to life is given unto all of us. Mr. Temporary Speaker, Sir, as I support this Motion, I want to state clearly that the importance of us, as a people and a nation, irrespective of what we do, is to ensure that we are secure or we act in ways that enhance the security of our colleagues, brothers and sisters. We know that recently, the Government started the Nyumba Kumi Initiative with the intention of curbing terrorism. This initiative has gone a long way in alleviating some of the challenges that we faced. However, a lot has to be done in order to address the issue of insecurity in this country. For us to be able to address or make meaningful steps towards dealing with terrorism, we must own that responsibility as a people. If we want our inspectorate officers in the defunct county councils, to acquire the necessary knowledge and exposure to fight crime in our cities and towns, we must train The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity to contribute to this important Motion. I stand to support this Motion as it is. I saw it in the first Order Paper and it was limited to Nairobi and I prefer it that way---

(Sen. (Dr.) Machage): Order! If you want to amend the Motion as amended to us by the Mover then you so declare, but the Motion we are discussing now was amended. Therefore, it has to be supported or opposed the way it is on the Supplementary Paper that has been issued to you. 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, that is what I am referring to. I support it as it is because the Motion clearly gives the legal interface between the two levels of government and even indicates that Article 247 of the Constitution allows for establishment of police formation to supplement the NPS. So, it is something based in the Constitution. My understanding of the metropolis is actually the city and its suburbs which is as it is right now, we are having challenges in terms of the number of police officers vis-à-vis the population. So, there is need to have a system to support, taking into account the high crime rates in the city and even the new types of crimes like terrorism, drug trafficking, human trafficking and so on. These crimes require a specialized force other than the regular police which covers the entire country and which may not give specialized attention to a specialized set up of population in a small area like Nairobi. Mr. Temporary Speaker, Sir, we still need not compromise the level of the police force required even if it is Nairobi. I can see here we are talking of the former city council askaris . This does not meet the level of a security force. So, for that to be realized, there must be proper training or even employing qualified and well-trained officers in the security system. Other countries which have this are like London Metropolitan. This is a properly trained police force which covers all the relevant areas of security. So, it is not expected that we shall upgrade the normal city askaris into a police force. We need a properly trained police force because we are trying to address a situation which is difficult even to be handled by the normally trained police. So, we are talking of properly trained police officers, properly equipped and with better security equipments. That will mean more investments and even proper coordination with the NPS because crime in the cities is not an isolated case. It is something which needs to be coordinated throughout the country. So, we require some infrastructure to establish this kind of metropolitan police system. Mr. Temporary Speaker, Sir, we should not forget that the Constitution provides that when you transfer a function, you also have to transfer the necessary funds. So, the Government has to be ready to transfer the funds for this kind of system to be achieved. Let me go back to my first comment, having the county governments getting involved in the security of the counties has its own downside. We are talking about infrastructure like procurement of vehicles. We are establishing new police stations and posts and providing housing. However, when it comes to having a say in the way the police service is being run, that is a different matter. There are some areas where we have more than one tribe, especially in northern Kenya where we have inter-ethnic strives. If the Governor from such an area was in control of the security system, that would make matters worse. That security may even be used against part of the community. So, we must look at how far we can go with this. Generally, it is better if security can be in the hands of the national Government. However, in urban areas like Nairobi where the crime rate cuts across and is very high, then it is better to have this kind of a system. I support with the rider that it is not applicable throughout the country.

Thank you, Mr. Temporary Speaker, Sir for giving me a chance to contribute to this wonderful Motion. This is a time when the country is grappling with 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): I see that there is no other Senator interested in discussing this Motion. It is time to call upon the Mover to reply. However, I have also been told that he is not in the House for legitimate reasons. I will, therefore, postpone until next time it is put on the Order Paper so that the same can be done.

Thank you, Mr. Temporary Speaker, Sir. Allow me to state that I will move this Motion in an amended form. This will not interfere with the substance of discussion of the Motion. 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, Senator! I do not see any amendment. Did you forget or that is the way you wanted to read it?

Mr. Temporary Speaker, Sir, that is the way I wanted to move it.

(Sen. (Dr.) Machage): Very well, continue.

Mr. Temporary Speaker, Sir, we are aware that education is one of the most important things that improve the social aspect of an individual. It reduces the poverty of an individual and improves the health standards of a person and also makes a person know his or her rights. Mr. Temporary Speaker, Sir, 80 per cent of our land mass is inhabited by pastoralists. We know that they move with their animals in search of water and pasture. This means that they also move with their children who are supposed to be at school. We also understand the lifestyle of most of the pastoralists. They are polygamists meaning that they bear very many children. Most of them are out of school. We are also aware that most of the parents are not educated. This has a ripple effect on their children. It is high time that we killed the mentality that pastoralist parents have that education is expensive. If we provide education at their door level, they will appreciate and enjoy the fruits. The official Government statistics indicate that approximately 95 per cent of all school going children attend school. However, this is different in pastoralist areas. Take an example of one of the counties like Wajir, the enrolment rate is 45 per cent. You can see that there is a big difference between the national rating and what the specific counties are undergoing. This means that the pupils are not benefiting from the free primary education which the Government is providing. This is because children in those areas join their parents in herding their livestock on long journeys. The long distances to school also make the children drop out of school and develop a negative attitude towards school. Parents move with their children during the migration period. This makes most of the children drop out of school. Mr. Temporary Speaker, Sir, in Turkana, there is a decline in the number of students during the transition period. For example, the retention rate is 22 per cent. This means that about 50 pupils join class one and when they are completing class eight, their numbers reduce drastically to about 20 pupils. Currently in the pastoralist areas, there is only one boarding school per ward. If you compare that with the vastness of the wards, it 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 giving me the chance to second this Motion. This is, indeed, a very considerate and sensitive Motion. It is no wonder that it has been moved by a lady Senator who knows the importance of caring for the interests of children because they are the future leaders of this country. Protecting the interests of children is also adhering to the Constitution of Kenya and the Children Act. The best interests of the children must always be taken into account. Kenya has diverse geographical differences. We know that we have the arid and semi-arid areas. Indeed, these areas have harsh weather. Some of those areas have not been accessible because of the difficulties that exist there. If the national Government provided boarding primary schools at the ward level, this will be a major achievement. The benefits will be immediate and the future will be so bright that the national Government will wonder why they did not do this before. We know knowledge is power. Creating a good environment and giving children access to education is making a serious point because it will increase the level of literacy. It will also protect children from harsh weather, poverty and particularly, the repugnant traditions and customs. We know that in some of these areas there are early marriages despite all the laws available against early marriages and Female Genital Mutilation (FGM). Some people still sneak it in. Children should be made to understand that they must go to school. Therefore, implementing such a scheme would be very easy and the cultural practices will also change. This will also provide them with better nutritional health because they will have access to balanced diets which the Government and all the interested partners will provide. The children will definitely have access to adequate water which is a major challenge in some of these areas where children have to walk long distances to help their 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 rise to support this Motion on education, science and technology. This Motion is very important and should have come as early as yesterday. Mr. Temporary Speaker, Sir, the Motion is asking the Government to put up boarding facilities, so that we can accommodate school going children in arid and semi- arid areas. As the Mover said, 80 per cent of Kenya’s land comprises of arid and semi- arid areas. These are regions which have been disadvantaged in the past. We are aware that most of these counties, including Marsabit, Wajir and Turkana are lagging behind because they have not had opportunities that major towns and cities like Nairobi and Nakuru have experienced. Mr. Temporary Speaker, Sir, pastoralists have no other means of livelihood. They depend on rearing of animals. During the dry seasons, they keep moving from one area to another. This means that when they move with animals, their children’s’ education is also disrupted. So, it is very important that the national Government, whose function actually is education, pays more attention to these regions, so that boarding schools are put up. This will ensure that children from these regions also access continuous education. This will bring them to the same level or standards as other counties. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir. Congratulations, Sen. Halima, for bringing this Motion that really brings out a lot of concerns for marginalized and ignored groups. It is a privilege that we have Sen. Halima in this House so that she can focus on pastoralists, young boys and girls who, for decades, have been ignored. As people’s rights have continued to improve over time for other communities, they have continued to be more marginalized. They too have a dream. They hear other regions are moving on, but their regions cannot move on. They do not have people who can talk on their behalf in order to enhance legislation. Therefore, I would like to urge that we pass this Motion. After we have passed it, we must make sure that it is implemented. Without it being implemented, we will have, as usual, very diversified figures of those who finally make it to our higher institutions of learning. Mr. Temporary Speaker, Sir, if at the level of primary and secondary education so many people are disadvantaged, then the same disadvantage will show itself at higher levels of education. We know that education is a transformer for life in various ways; it transforms the economic functions of individuals, families and outcomes for their children. Education also transforms their social status and gives them a particular level of housing, water and all the other social benefits. It really puts them in a position where they have better outcomes than those who have not had education. Mr. Temporary Speaker, Sir, it is unfortunate that in this country, we have continued to experience educational inequalities right from Independence. This has been experienced across the various regions. North eastern has been one area that has borne the brunt of such regional differences. For example, coast province is second after north eastern. These regions have borne the brunt of different and divided programmes in education that have, at the end of the day, contributed to less enrolment and less transition at the various points in terms of the transition that is so critical to get people to the level of education that they are looking at. Mr. Temporary Speaker, Sir, gender differences have also ensured that many people, especially young girls, have not reached the levels they are needed to achieve. I think many of these people really come from the marginalized areas. As Sen. Halima quotes in her Motion, 80 per cent of these people live in the ASALs. So, we are already talking of only 20 per cent of our population that is advantaged vis-à-vis 80 per cent. This is a large majority that is disadvantaged and has continued to be disadvantaged for a long time. So, we need to look at the policy and think why we have not changed this situation, despite so many commissions probing this issue. We have had the Kamunge Commission The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, I rise to support the Motion by Sen. Halima. As has been said by my colleague, Sen. (Dr.) Zani, Sen. Halima represents the diversity of this country. She represents precisely what she has presented to this House. She is a young Senator and also from the pastoralist community. A week ago, I had the honour of visiting Turkana County. I stayed there for five days in the company of my fellow Senators and the Speaker of the Senate. I also had the privilege of being taken around, entertained, visiting schools and so on. I had firsthand experience of how the pastoralist communities live and what the children have to bear and live through in their daily lives. I remember visiting a cultural event that was entertaining us in various folk songs. In that cultural activity, some of the performers were young school children. Some of them as young as eight years from the lower classes, both boys and girls. As the young children were performing there, as a parent you could not fail to see in their faces messages of the kind of life they live. Across this House, just in front of me, there is a big painting that depicts the kind of life that pastoralist communities live through. Mr. Temporary Speaker, Sir, in asking that the national Government establishes boarding facilities within the counties of the pastoralist communities, that is a very noble and useful request. The first and most notable quality or aspect of living in pastoralist communities is poverty. Poverty is almost identical with the pastoralist communities. If one imagines a student who goes to a boarding school in Nairobi and one who goes to a boarding school in Wajir or in Turkana, the difference in the facilities and life experiences, the difference in the prospects of those two students as they go through life in the same country is wide and overwhelming. As has been said by some of my colleagues here, many students who bear the brunt of that poverty in the pastoralist communities are young girls. By establishing boarding facilities in the pastoralist communities and expanding to other marginalized communities would help these young 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! Do you know more than we do? Could you give us more information on that?

Mr. Temporary Speaker, Sir, it is said that no one single person has got the knowledge that would exceed all the others, but neither would all the others have the knowledge that would exclude that one. So, in my contribution---

(Sen. (Dr.) Machage): Order! If you have no more knowledge just withdraw and continue.

Mr. Temporary Speaker, Sir, on the issue of what is required for security to be enhanced, I stated my opinion that, indeed, security in this country has got to be enhanced. This cannot be gainsaid. In every part of this country, everybody must feel free. That is my point. 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): The nation is watching what we are discussing. The Lamu issue is very sensitive and we must be very careful.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to this Motion. First of all, I would like to congratulate the Vice Chairperson of the Education Committee, Sen. Halima, for thinking about the people of the ASALs. That is the area that she comes from. Education is very vital for the full realization of an individual’s potential, especially for the socio-economic development of this country. That is why when you look at Vision 2030, you will see that education and training is very key to its success. It contributes to the global competition of quality education. The enrolment of students from the ASALs is at 24 per cent. This means that they do not enjoy the Free Primary Education (FPE) and secondary education that is in the Millennium Development Goals (MDG). They do not enjoy the facilities that other students enjoy like laptops, computers and libraries. They also do not enjoy the use of electricity that is provided by the Rural Electrification Authority (REA). Once we have boarding schools in these areas, I believe, things will be better. Why do I say this? We have the Policy Framework for Nomadic Education in Kenya that was adopted by the Government. It is unfortunate that there are very few aspects in that policy that have been achieved up to date. The enrolment level is also very low. We have very few boarding facilities in these areas. They are also not habitable. They do not have enough beds to accommodate students and the walls are not strong. That is why I support this Motion that urges the national Government to construct boarding facilities; at least, three in a ward to accommodate the children from these areas. Why do we need these boarding facilities? First, this will bring about high enrolment of students in these areas. The students suffer when their parents move from one place to another to look for pasture for animals. That means that they have to move with their children and they end up dropping out of school. When we have these schools, the children’s performance will improve. This is because they will remain in school from morning to evening and concentrate fully in their studies. In most cases, it is the girls who suffer most. This is because when they go back home they have to carry out the basic domestic duties. At times, they face harassment on their way home. If you look at other areas where we have boarding facilities, you will see that students move from far areas to access education. If we have these facilities, we will have children moving from Nairobi County to access education in the ASAL areas. We want to have accessibility to education in this country. If children from the ages of 6 to 13 do not access education, that means that we will have youths in this country who cannot compete properly with youths from other regions and even internationally. That is why you find young people engaging in drugs and terrorism and having problematic 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, Mr. Temporary Speaker, Sir. Indeed, education is the key as we have always been told even back home. Today, 50 years down the line, many of us look at the way our pastoralist brothers and sisters have walked their journey through education. It has been a tough journey for them knowing that our system of education requires that you sit an examination whether you come from a harsh area or from an environment that you can learn. I also want to thank the Government for focusing on the education sector for the last 10 years. The issue of affirmative action has been raised. The policies that have come up are much friendlier to ensure that more students within pastoralist areas can join high school and university. The Jubilee Government has a robust programme of education. The Government has brought back the school feeding programme. We are also saying that we will have polytechnics within each constituency. The challenge goes back to the legislators of the National Assembly who have resources within the CDF to deal with matters of classrooms. They need to come up and support. At times, you will find that the amount given for CDF to go to the pastoralist areas is so much. However, you wonder why in Turkana County, for example, children still learn under trees. We know very well that there is some CDF amount that is almost Kshs90 million. The constituencies are now demanding for more money. It is unfortunate, as leaders, that we have refused to embrace the development reform agenda to see that our people settle in better environments and enjoy the services and the fruits that they have been paying taxes for. It would be wrong to say that we, as a Senate, will sit and watch the National Assembly increase the CDF to Kshs28 billion without questioning. We have a lot of money already within the constituencies. What do they want to do in their constituencies? What are their development agendas? We, as the Senate, must ask the national Government to work in collaboration with the county governments in the education sector so that some of these issues like lack of food and education facilities can be addressed by the county governments so that we find a solution. The other day we watched on national television children going to school not because of thirst for education, but because of poverty and starvation. Even their parents follow them to school to see what they are being given so that they can share with the other children who are left at home. If we are not careful, we will only celebrate a new Constitution and devolution. We need to go down and question our leaders on how they are spending the resources we are channeling to them. If we do not do so, we shall still have the same challenges. With the little they have they can transform their counties. They should also be accountable. We are talking about marginalized groups that have suffered for years. Now that we have devolved governments, in the next five years, who will we complain to? I wish the governors could even just take one sector and do it very well so that, at the end of the five years, they will pinpoint it as one of their successes. That is the spirit the Senate would like to see. 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

(Sen. (Dr.) Machage): Indeed, just to quote Sen. (Prof.) Kindiki, this country will not have peace until we confront the ogre of marginalization with due respect to our own Constitution. For that reason, I think this Motion needs more ventilation. It is only one minute to adjournment and that is not enough time to call upon the Mover to reply. I believe we should not “marginalize” the Motion. We have to postpone it to the next sitting.

Hon. Senators, I have also moved to another day Orders No.11 and 12. 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, there being no other business on the Floor of the House, the Senate stands adjourned until Thursday, 19th June, 2014 at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.