Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the House today, Thursday, 19th June, 2014. Report of the Ad Hoc Committee on Legislation on Harambee or voluntary contributions.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the House. The Report of the Standing Committee on Legal Affairs and Human Rights on Public Hearings, held on the following Bills:- (i) The Political Parties (Amendment) Bill, 2014; (ii) The County Governments (Amendment) (No.2) Bill, 2014; and, (iii) The Statutes Law Miscellaneous (Amendment) Bill, 2014.

Mr. Speaker, Sir, on behalf of my Chairman, Sen. Karaba, I beg to give notice of the following Motion:- THAT, aware that the Fourth Schedule of the Constitution of Kenya assigns the role of regulating universities, tertiary educational institutions and other institutions of research and higher learning to the national government; noting that section 5 of the Universities Act, 2013 mandates the Commission for University Education to oversee the establishment and accreditation of universities and to ensure the maintenance of standards for courses of study and examinations in the universities; concerned at the rate at which institutions of higher learning are mushrooming across the country; aware that the growth of universities in Kenya has led to the regrettable demise of some reputable middle-level colleges; cognizant of the fact that the standards and quality of facilities available, courses offered and examinations administered by some of these institutions are substandard; recognizing that Kenya's Vision 2030 underscores the critical role of education in the country's socio-economic development, and that its realization is threatened by the low quality education provided by some of these institutions; the Senate urges the national Government to take immediate measures to develop clear policy guidelines on accreditation of institutions of higher learning in line with the Universities Act, 2013 and other relevant laws in order to ensure provision of globally competitive education, training and research for sustainable development.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I wish to give a Statement on the business of the Senate for next week, under Standing Order No.45. Mr. Speaker, Sir, next week on Tuesday 24th June, 2014, there will be a meeting of the Rules and Business Committee at noon to schedule the business of the week. On that day, the Senate will continue with business that will not be concluded in today’s Order Paper. The Senate will also commence the Second Reading debate on the Political Parties (Amendment) Bill, 2014. Mr. Speaker, Sir, on Wednesday 25th June, 2014, the Senate will continue with the business not concluded on Tuesday and consider any other business that will be

Mr. Speaker, Sir, I wish to request for a Statement from the Chairperson of the Committee on Education, on the reinstatement of Mr. John Maina Njoroge (Teachers Service Commission (TSC) No.256488). Mr. Speaker, Sir, Mr. John Maina Njoroge, a teacher, was interdicted on 14th August, 2002, following accusations and charges of having carnal knowledge of a minor and no other reasons was given for the interdiction. The court in Thika Chief Magistrates Court, Criminal Case No.1050 of 2003, Republic versus John Maina Njoroge acquitted him of the charges in a judgement delivered on 14th June, 2006, after which he applied for his reinstatement. On his application the TSC wrote to him, informing him that his appeal had been dismissed for lack of new evidence to “warrant a review of your case.” Mr. Speaker, Sir, in his Statement, the Chairperson should report on the following:- (a) In view of the fact that the court found Mr. Njoroge not guilty of the allegations brought against him and on whose strength and the only reason upon which he was interdicted, why was he not reinstated and what was the basis of the statement that “the Commission has carefully studied your case, but found no new evidence to warrant a review of your case?” (b) When will Mr. Njoroge be reinstated to the position he held before the interdiction? (c) What is the position regarding his benefits from the date of the interdiction to that of his reinstatement?

Mr. Speaker, Sir, on behalf of the Committee, I would like to make a commitment that we will report to this in two weeks time, if that is okay with the Senator.

Okay, in two weeks time. CONSTRUCTION OF SEAWALLS AND JETTIES ALONG THE COASTAL AREAS

Mr. Speaker, Sir, on 6th March, 2014, Sen. Mshenga Mvita requested for a Statement from the Chairperson of the Standing Committee on Roads and Transportation regarding the construction of seawalls and jetties along the coastal areas. Mr. Speaker, Sir, in the Statement sought, the Senator wished to be informed of the following:- 1. Why were the budgetary provisions for the construction and maintenance of seawalls and jetties, which had been provided for the coastal areas of Kwale, Lamu, Kilifi and Malindi for over 20 years discontinued during the 2013/2014 Budget? 2. Could the Chairperson confirm that ongoing works on seawalls along the coast have stalled and Shimoni Jetty in Kwale County is about to collapse due to lack of funds? 3. What measures will be taken to reinstate the budget for the seawalls and jetties to avoid danger occasioned by the pending crisis? Mr. Speaker, Sir, the Chairperson of the Standing Committee wishes to respond to the Statement as follows:- The Ministry of Lands, Housing and Urban Development had requested the national Treasury for Kshs545 million for the programme in the fiscal year 2013/2014. The national Treasury did not allocate any amount for this project. Contractors undertaking works on seawalls and jetties have suspended works due to lack of funds. The ongoing projects which have been suspended include the proposed rehabilitation of Shimoni Fisheries Jetty in Kwale County. The Shimoni Fisheries Jetty may collapse if funding is not provided. Mr. Speaker, Sir, the Ministry of Lands, Housing and Urban Development has requested from the national Treasury for Kshs702.2 million funding in the fiscal year 2014/2015, in order to complete the project. I also wish to inform the Senate that the Committee held a meeting with the Cabinet Secretary for the Ministry of Lands, Housing and Urban Development, with a view to securing adequate funding for the projects. The Committee intends to hold a meeting with the national Treasury on the same in order for the projects to be adequately funded this financial year. Mr. Speaker, Sir, the Committee has already undertaken a visit to Lamu County in order to familiarize itself and appreciate the status of the projects, which are under the Directorate of Public Works in the Ministry. The following areas were inspected during the visit:- (i) Lamu customs jetty and terminal jetty; (ii) Matondoni Village and Matondoni Jetty and Seawall; (iii) Wiyoni Village and Wiyoni Seawall; (iv) Ndau Faza and Kizingitini Seawalls; and, (v) the proposed Mbwajumwali Seawall.

Mr. Speaker, Sir, I wish to thank Sen. Sijeny for that Statement. But I am just wondering how soon the jetties will be completed given that it is a rainy season and they are being washed away by the rains. I think that we are going to face a problem.

Mr. Speaker, Sir, the Chairperson gave an elaborate Statement. In the rest of the world, the waterways are used as transport, not just in the sea, but even in the rivers and lakes. We have similar lakes and rivers which can actually be used. What is the Ministry doing in terms of putting up jetties in some of those lakes, like Lake Turkana and many other inlets in the Coast in particular, to encourage utilization of these waterways for transport? I remember that the last Tsunami did affect as far as Malindi. What is the Ministry doing to address concerns that are being raised; that places like Mombasa, in the next few decades, might actually sink?

Mr. Speaker, Sir, it is my hope and prayer that Mombasa does not sink in two decades. Mr. Speaker, Sir, the Committee Chairperson did indicate that monies were, indeed, requested and work suspended. My understanding of a Government is that once a project has commenced, it is assumed that there are already funds allocated to these projects. That is why it is procured through the normal system and contracts are awarded to the procurement system. At what point did these funds get lost? Why is it that continually, one financial year after another, the Government has failed to allocate funds to ensure the completion of these projects?

Mr. Speaker, Sir, regarding concerns raised by Sen. Billow, I would request for more time so that I give a comprehensive report. Mr. Speaker, Sir, regarding what Sen. Hassan has stated, that also will come with the response to the request by Sen. Mvita. This is because we require, at least, three weeks so that we can compile a comprehensive report. If I give any response now it will be preliminary. Therefore, I beg to be given time in order to give a complete report.

Okay! In three weeks’ time, you will give responses to those others. Sen. Billow Kerrow!

Mr. Speaker, Sir, I have a Statement to make that was requested by the Senator for West Pokot, Sen. (Prof.) Lonyangapuo, but he is not in the House. Should I continue?

It was on what?

Mr. Speaker, Sir, it was on the status report on the implementation of the Economic Stimulus Programme. Mr. Speaker, Sir, I need your guidance.

Since he is usually a very dutiful Member, let us indulge him for now. You can give the Statement on Tuesday, next week.

Next Order!

Who was on the Floor? I think that the last contributor concluded her contribution. Sen. Murkomen.

Mr. Speaker, Sir, I stand to support this Bill. I want to thank Sen. Martha Wangari for doing a very good job. I have just come from a meeting of the Committee on Devolved Government where we were deliberating on other issues. In the process, the issue of gender representation in the counties came to the fore. I agree with the Chairperson of the Commission for the Implementation of the Constitution (CIC) that the manner in which county assemblies were constituted in the absence of the nominated Members of County Assemblies (MCAs) that is the youth, persons with disabilities and women was contrary to the Constitution. I am just quoting what the Attorney-General

said in the same meeting, that this Bill, for avoidance of doubt, is to clear any doubt that might be collecting in the minds of some people who may not care about representation of gender and marginalized groups in the counties. Mr. Speaker, Sir, through this Bill, it will be clear that county assemblies cannot purport to run in the absence of those who are expected to represent the marginalized groups. This is a serious situation because as we speak there are more than 600 nominated women in the county assemblies. Very few county assemblies were able to elect women to represent the various wards. It was necessary that we take nomination as a process of ensuring that there is equity. Nomination is also dealing with marginalized groups. There are other two nominations namely; two youth, a man and a woman; two persons with disabilities, a man and a woman and two persons, a man and a woman representing marginalized communities in their county. Can you imagine that when the county assemblies were constituted, they elected chairpersons and vice chairpersons of committees, majority and minority leaders and deputy speakers. Of all those people,

(Sen. (Prof.) Kindiki): On a point of order, Mr. Speaker, Sir. I normally agree with Sen. Murkomen on very many things. But on this one, I beg to disagree with him. Is he in order to make a blanket attack on governors and MCAs alleging that the governors are bribing them? Is this attack in order? Can he substantiate? If not, can he withdraw and apologise to all the county governments of the Republic of Kenya?

Yes! Substantiate!

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

What is it, Sen. Kajwang?

Mr. Speaker, Sir, can I be allowed to finish justifying---

Proceed, Sen. Kajwang.

Mr. Speaker, Sir, it was a very simple matter for Mheshimiwa Murkomen to withdraw and apologise. It is not about being allowed to create offices like we have been allowed to create offices. It is about the word “bribery”. So, can he deal with that first?

Indeed, Sen. Murkomen, you were challenged to substantiate. You rose confidently telling the House you are just about to substantiate. What did you do?

Mr. Speaker, Sir, that was the first point. I am moving on to the next point.

Even as you enumerate your points there is something called “relevance.”

Mr. Speaker, Sir, this is relevant to this debate. It is important, especially on the issue of marginalized groups. Mr. Speaker, Sir, I have just come from a meeting of the Committee on Devolved Government. Sen. Wako and Sen. (Prof.) Anyang’-Nyong’o will bear me witness. They are my evidence here, that the Chairperson of the Gender and Human Rights Commission told us that they have evidence in their collection that some of the counties are in an attempt to contain the elected MCAs. In other words, some of the County Executive are forced to bribe some of the MCAs. I may not have further substantiation on that matter, but I am just saying the potential of trying to reach out to those who are elected at the expense of those who are nominated or basically putting pressure, refusing to appreciate that the nominated Members are equally playing a role of representation in the county---

Order, Sen. Murkomen! You are making a good point and I have no problem with that. But you have failed miserably to prove the bribery claims. So, there is no amount of pleading with the other Senators just because they carry

Mr. Speaker, Sir, I withdraw and apologise and substitute my initial statement that “it is alleged that cases of bribery and county assemblies holding the county executive at ransom are rampant out there”. My Committee---

Order, Sen. Murkomen! The word “alleged” is good, but you cannot use it in the same breadth that “I withdraw and substitute.” We want you to withdraw without qualifying.

Mr. Speaker, Sir, I withdraw unconditionally. However, as I continue with my submission, I am just saying that cases of alleged bribery are alive outside there.

That is perfectly in order.

Mr. Speaker, Sir, as my Committee goes out to discuss these issues with---

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

What is it, Sen. Ndiema?

Mr. Speaker, Sir, what I got is that he reported what he heard. Is there anything wrong because he was not personally alleging, but he is reporting what was alleged? Is it wrong for him to make that statement that he heard?

Order, Senator! If you were following the debate, then you would have determined whether it was wrong or not. We have said and clarified that when he has used the words “it was alleged” then that is proper. He has also apologised for making the assertion of bribery claims, which, of course, he cannot substantiate. You are just taking us back when we have already concluded this matter in a very nice way. Proceed, Sen. Murkomen. Let us save his time because apparently, especially as was shown by Sen. Ndiema, those were not very useful interventions on his time.

Mr. Speaker, Sir, for avoidance of doubt I am begging that you rule that I still have five more minutes.

The other important question when it comes to representation is the marginalized groups. There is no clear legal definition of what “a marginalized group” in a particular county is. The last nominations across the political parties were done haphazardly. This was somehow because people had never understood the power of the county assemblies. In the last elections few people were left in the political party offices to pick names. There are cases where governor candidates were lucky. They became the ones who picked the names. So, they are enjoying the support they need in the county assemblies. But there are some counties where the governor had no say in those who were being nominated. Someone else, perhaps his competitor had a say. Now that competitor is pulling the strings politically because they had a say in the people who were being nominated. The transparency about how people are going to be nominated in the county assemblies needs to be clear. Mr. Speaker, Sir, we need to amend the Elections Act to give enough time for parties to agree on the list of the people being nominated and spread it across the

Yes, Sen. (Prof.) Anyang’-Nyong’o! In that wisdom, I was about to give Sen. Omar, given that a young man or a young lady when he washes his hands can eat with kings. In any case, when they wash their hands, the whole purpose is to dine with the elders. So, I decided let us give a chance to an elder.

Mr. Speaker, Sir, I stand to support this Bill by the young Sen. Wangari. I want to reiterate the point that Sen. Murkomen was making about the role of political parties in exercising what I call proportional representation, not just in counties, but in Parliament as well. This word “nomination” is, perhaps, having a funny connotation. I think what we are trying to do in this process, according to the Constitution, is some amount of proportional representation; that parties nominate people according to certain criteria proportionally in line with their strength either in the county assemblies or in the National Assembly. So, in a sense, this is really proportional representation on party lists. I agree with Sen. Murkomen that next time, there should be more time and more proper consultations in order for people to be nominated to these bodies properly. Last time, I remember as the Secretary General of the biggest and most dynamic party in this nation, the Orange Democratic Movement (ODM), we had to spend almost 24 hours trying to sort out lists of nominees on a full time basis, but we still did not really do a perfect job. On the other hand, the Independent Electoral and Boundaries Commission (IEBC), had another problem in trying to collaborate or to work with parties in this process. They were rather rigid in the way they applied the law; they became Pharisees in their own profession and I think this made things rather difficult. So, I think if these issues can be ironed out, it will be better for all of us.

Thank you, Mr. Deputy Speaker, Sir. I also rise to thank Sen. Martha, knowing very well that, indeed, I was also the Secretary General of “Level 30”. I know what we went through in terms of ensuring the lists are taken care of; not just by the IEBC, but also within the counties where we had these nominations. As I speak today, due to the process we had in court, you will find that most of the counties did not even respect the court process and wait for the nominated members to join them, so that they can constitute an assembly that is legal. What happened is that they went on and constituted the assemblies. Today in many of their committees, they do not have the nominated women even representing themselves either as Deputy Chairperson or even a Chairperson of any of those committees. The Constitution is very clear on what should be done. The reason we made it clear at that time is that we knew the challenges we would face, especially in the county governments because not many women would understand their rights. Therefore, there is need for inclusiveness. Mr. Speaker, Sir, today, we had a very interesting meeting in the Committee on Devolution. It is important to raise it, not just through the Senate, but also for the county governments, especially to the Governors and also the county assemblies. While we ensure we want to see progress, if we do not start to appreciate from the county level that we are all Kenyans in that county, regardless of how marginalized we were – either as a minority group or tribe is - that we cannot be accepted or they cannot involve you in terms of the growth of that county, we shall still have the challenges of cohesion. When we look at this amendment, we are saying let us ensure the county assemblies start on the right foot so that when we are talking about development, we are not talking about development in terms of the biological status of either the male or the female. We are talking about the development of a county based on each and every person whether a woman, marginalized or disabled, must be involved and you understand your target group. That is why you are there. This is one thing that we lost in the last 50 years. We have now fought for it. We thank the new Constitution. However, if we are not also careful, we may lose it from the counties and we will only manage it at the national level. Mr. Deputy Speaker, Sir, the issue of ethnicity is a major challenge we are facing in this country. We understand majority of people in a county will be the locals of that county. However, they must embrace the minority tribes who live in that county. It is important for the Senate to come out clearly and say “we are from a county; let us look at who is who within our counties.” We want to see where a majority that ensures the minority tribes are also part of what is happening in their county. When you look at the CPSBs, you will realize that a majority of them are constituted by the major communities or tribes in that particular county. But the challenge, again, is that most of the Governors and the rest of the leadership will look at this issue politically and say “for those who

Mr. Deputy Speaker, Sir, first and foremost, I want to commend my good friend, Sen. Wangari, for authoring such an important Bill that I think, fundamentally, shifts the balance of representation. Mr. Deputy Speaker, Sir, this Bill is very thoughtful to the extent of the chaos we witnessed in the nomination exercise of Members of the County Assemblies (MCAs) immediately after elections. We saw court battles, court orders, and interventions by the gender commission and so on, thus disenfranchising MCAs who were to be duly nominated to a point where they came in when almost all major decisions had been made. The whole idea about gender parity is about representation. It is about getting that input from minority groups or dispossessed groups from the diversity that is supposed to be represented by these Members in the county assemblies. Therefore, I do believe that if we were to follow up very carefully, it is likely that all these Speakers and chairpersons of county assemblies might have been unconstitutionally elected to those positions

Order. Address Members with their right titles.

I was saying Senators together.

I heard you call Sen. Wangari “Martha”. You may be on first term basis, but in the Senate, address her by her proper title.

Yes, Mr. Deputy Speaker, Sir. It is Sen. Wangari and the rest of the Senators. Do you think it is easy for you to be nominated through simple patronage without competence to come and stand against the onslaught of Sen. Murkomen who, probably, was one of the spirits of this Constitution? Mr. Deputy Speaker, Sir, for us, therefore, to nominate people, we must also allow people who come with competences not be passengers in this ship, so that they are not ridiculed. If you are put in a sea that you cannot swim in, it is likely that people will notice your inadequacies. So, Sen. Wangari, look into your heart and into your competencies and see how we can further set criteria so that these women who are duly nominated are women who possess a certain quality. Let them also make sure they present the alternative. When you are nominated, it is, probably, one step towards election. Therefore, they will also keep the elected leaders on their toes. That is why we the elected cadre are always very comfortable to lock you out because we know that if we allow you, then you might develop an ambition bigger than that which brought you here. Mr. Deputy Speaker, Sir, I want to support this Bill. I want to acknowledge and accolade the sponsor of the Bill. Mombasa County fully puts it voice to support this Bill. I beg to support.

Thank you, Mr. Deputy Speaker, Sir. I also want to add my voice of support to this Bill. The Bill is a very important piece of legislation that clearly provides that the county assembly shall not be fully and duly constituted for the first sitting after the general election unless all the Members have been nominated and their names published in the Kenyan Gazette. This is important. During the previous elections; the first time that we had elections under this Constitution, I agree with most Members that there was serious violation, in my view, of the Constitution. The spirit of the Constitution is that one-third of all elected seats should be held by either gender. This is particularly by women who have been very difficult to sell during elections. Mr. Deputy Speaker, Sir, I think what has happened in most counties is what Members have said. It took inordinately a long time for women nominations to be gazetted because of questions regarding capacity, if you will, of most political parties. The whole process of preparing those lists which were done before the elections was subjected to, for lack of a better word, corruption and manipulation. After the election, it

Thank you, Mr. Deputy Speaker, Sir, for giving me a chance to contribute to this wonderful Motion. I wish to congratulate Sen. Martha Wangari for coming up with this Bill timeously. This is the right time to start correcting and putting our Houses in order. This just confirms that all those who have been playing around with what is enshrined in the Constitution and threatening to scrap the positions of the nominated Senators will be missing the boat. We have proved that we are working very hard. We also consider our constituents and the electorate. That is the main reason we are here. Having said that, this Bill is the first step towards solving the affirmative equation. We know that the Supreme Court gave an Advisory Opinion that said that affirmative action must be complied with by the year 2015. However, no one has been bold enough to come forward and to give ideas on how this can be implemented. So, for this again, we congratulate Sen. Martha Wangari. Mr. Deputy Speaker, Sir, this Bill will go a long way to help to achieve all the provisions stated in the Constitution that are against discrimination. If women and special

Thank you, Mr. Deputy Speaker, Sir. I also rise to support this Bill. This is a well thought-out Bill. Most of us witnessed the cacophony that a accompanied the inauguration of county assemblies all over the country. It is important that this procedure and questions are answered, once and for all, by being defined clearly in law. We should know what is right and what is not right as far as the constitution of the county assemblies is concerned. The amendments that have been proposed by Sen. Wangari lead us to a conclusion that it is almost difficult to settle. However, we have to deal with the reality of it. Mr. Deputy Speaker, Sir, most of the sitting officials in leadership under counties could be in office unconstitutionally. That is the reality. We joined our Houses from the county assemblies; the Senate and the National Assembly. County assemblies are the focus of this Bill. Hardly any county assembly in the entire Republic was constitutionally constituted. Most of them, indeed, as we witnessed in what was happening fell short of the nominations. The question that we need to answer as we deal with this Bill is: Should we turn a blind eye to the fact that some of those people were elected without the input of the Members of the County Assemblies? Having said that, looking at the County Governments Act as quoted in this amendment Bill, there is the issue of community diversity. This is a requirement of the Constitution that should also be reflected in the county assemblies. As we address the issue of gender, this is also an issue that requires to be addressed properly and candidly. Let us take examples without any inferences. For instance, there are members of other communities who work as business people in Murang’a County, but they are not represented in the Murang’a County Assembly. This also applies to Kiambu, Nyeri and other counties. You may be having a few workers who work in the tea and coffee farms. However, you will hardly find a nominee in the county assembly called Wafula. That is reflected in the entire country. This is the scenario.

Thank you, Mr. Deputy Speaker, Sir, for this opportunity to also contribute to this Bill which I fully support. In so doing, I want to thank Sen. Wangari for this timely intervention on an issue that has been of concern, not only to the nominated Members of the National Assembly, but to the organizations and the groups which they represent. The decision of Kenyans through the Constitution to provide or to reserve special seats for special groups was well thought out and it had a purpose. This was to ensure that all Kenyans feel included in the processes of legislation and representation. It was unfortunate that most of the country assemblies were constituted without the nominated Members. This really contravened the Constitution. What this Bill seeks to do is to correct that situation and make it clear so that, in future, county assemblies will not be constituted without the nominated Members. This amendment will not only guarantee that gender equality is upheld, but also that affirmative action is done and that other groups are also represented because nominated Members of the County Assemblies are not just the women, but it is also to cater for the youth and the other groups, including those that are marginalized. These amendments have also provoked some thoughts as to the whole process of nomination; whether the way it is being carried out is transparent and is really taking care of the groups that were meant to be taken care of. Mr. Deputy Speaker, Sir, we have heard that in some counties and even in the Senate here, when it comes to nomination, the issue of regional balance even among those who are nominated has not been taken care of. While some counties do not have nominated Members, others have as much as five or four. My county is fortunate to have two nominated Members and I am glad about it. For the sake of fairness, these nomination seats should be spread out because if it is the disabled, they are all over the country. There is nothing to bar us from making sure that regional balance is also taken care of. There is also another issue of the minorities. The Constitution talks about the marginalized and the minority, but I think time has come for us to define who is a minority at the national level and in every county. A minority at the national level may not be a minority at the county level and a majority at the national level may not be a majority at the county level. It is important that some work needs to be done to determine this because the process of nomination by political parties has some bias in that, at the end of the day, the political parties look at the numbers. If they nominate a certain candidate who comes from a minority group, the minority could as well be the second largest ethnic community and because of numbers they may want to please the majority and, therefore, not go for the absolute minority who is marginalized. There are those minorities whose numbers are so small that some political parties may not take them into consideration. Therefore, it is time that we considered identifying those communities and ring fencing them at the county level to ensure that they are not subjected to marginalization. I have in mind communities like the Sengwer. The Sengwer are not a majority in terms of election. They may never be able to elect one of their own because the practice in Kenya is that it is very difficult. I know in some cases the minorities have been elected, but---

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for the distinguished Senator of Trans Nzoia and my neighbour, Sen. Ndiema, to assert that Sengwers may never be elected, when the Chairperson of the Devolution Committee is a Sengwer and was elected to be the Senator of Elgeyo-Marakwet County while a Sabaot who is considered minority was elected as Senator of Trans Nzoia?

Mr. Deputy Speaker, Sir, I have not said that the Sengwers are not electable absolutely. I do admit that they are elected, but there should be provision for them to be elected.

Sen. Ndiema, I was listening to you and you said that they can be elected. However, the trend in Kenya is that they will most likely not be elected. Has the statement of Sen. Murkomen shown that what you said is not necessarily correct? Would you like to modify it?

Mr. Deputy Speaker, Sir, I want to modify it and say that I am referring to situations where they are not elected; a provision should be made for their representation. I am not saying that Kenyans cannot elect the minority. I was elected by people who do not know me. I am very grateful and proud of the people of Trans Nzoia. I am also proud of the people of Elgeyo-Marakwet for electing my brother Sen. Murkomen despite the fact that he comes from the minority.

That is why I thought it was important for you to modify your statement.

Mr. Deputy Speaker, Sir, nevertheless, there are other communities like the El Molo. I was looking at the record today and I noticed from the figures which have been given, in the county of Marsabit, there is only one El Molo employed in the county government. These are situations that I think should be looked at. There are those absolute minorities that I would like considered and ring fenced and, perhaps, be nominated, notwithstanding the parties. With those few remarks, I want to congratulate and commend Sen. Wangari and support this Bill.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to support the amendment that is on this Bill. I want to appreciate Sen. Wangari for thinking through to correct a wrong that has happened before. When you look at the current situation, we are looking forward to see that this affirmative action has been achieved or adhered to by 2015. That is why it is important for us to have precedence and even set the rules properly. When you look at the Constitution of Kenya Article 90(2)(a), it says that each political party participating in a general election nominates and submits a list of persons who will stand elected if the party were to be entitled to all seats provided for under Clause 1. That is why I support strongly the view that these nominated Members, whether in the Senate, the National Assembly or in the County Assemblies stand elected after the nomination. That is why it is very important that even when they were swearing in the elected Members of the County Assemblies, even the nominated ones were supposed to be sworn in. Mr. Deputy Speaker, Sir, to that extent, somehow the IEBC failed and it has brought back the process. That is why I say that we need to have better rules and policies that will be able to guide this process so that they are treated equally. Even sometimes when the county governments are having functions, they only call the elected leaders.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to speak on this very important Bill brought by Sen. Wangari. I must say that this is one of the very first Bills that we received as a Committee on Legal Affairs and Human Rights. She was so hot on the issue; that the gender issue was not being considered in the county assemblies. That is why she drafted this Bill. At that time, I felt that because it was just two paragraphs, it should have come under the Statute Law (Miscellaneous Amendments) Bill which we will move after this Bill. But on hindsight, I then felt that we should let it go. Mr. Deputy Speaker, Sir, I want to take this opportunity to inform my fellow Senators that maybe, in future, if you have an amendment which touches on one or two sections of a Bill, bring it to the Legal Affairs and Human Rights Committee, so that it is part of the Statute Law (Miscellaneous Amendments) Bill. I gave permission for this to go ahead because I thought it would go faster than us. However, we have now arrived in the Senate more or less at the same time. Mr. Deputy Speaker, Sir, my colleague Sen. Murkomen who is the Chairperson of the Sessional Committee on Devolved Governments has actually said all that I wanted to say because this very morning we were sitting in that Committee where many issues which are going to be corrected by this amendment, were brought up. In fact, we mentioned to everybody that the Senate has gone ahead. We are going to enact this Bill this afternoon because of a an omission in the interpretation of the Constitution; that it was not very clear on when the County Assembly can be properly constituted for the purpose of electing the Speaker; that was a misconception. Many county assemblies went ahead and did so. Therefore, this Bill as I know it is now for the avoidance of doubt; that this is what must happen. Since it went ahead, it has undermined very many provisions of our own Constitution. It has undermined the proper functioning of county assemblies. It has also undermined the proper functioning of county governments. We were given figures that because the nominated Members did not take part in the election of the Speaker, only three ladies out of 47 were elected as Speakers. Because the nominated ladies were not involved at all at that point in time, none of them were elected as leaders in their respective county assemblies. Only two are Leaders of Minority. Mr. Deputy Speaker, Sir, more importantly, when it comes to constituting committees where according to the modern parliamentary practice, most of the work is done, and not merely on the Floor of the House, nearly all the nominated Members are not represented whatsoever. I want to take the Floor of this House now to appeal to the county assemblies that although they were elected, they should take some corrective measures in ensuring that the committees are reconstituted to take into account the

It appears that nobody else wants to contribute. Sen. Wangari, would you like to reply now?

Thank you, Mr. Deputy Speaker, Sir. First, allow me to thank all the Members who have contributed to this Bill. It is a debate that had begun a while ago and the support is overwhelming. I am really grateful. Mr. Deputy Speaker, Sir, I know that many issues have already been touched on. I had also enumerated the issues or objectives of this Bill. Affirmative action can only be successful if you get the tools of trade. Looking at the situation and footing where we began this journey, we will end up, as a country, judging a fish by how fast it can climb a tree. This is because those people who were nominated in the county assemblies or elected through party lists, as it should be, have not had the right to serve as they should. They missed out and the circus that was witnessed was contributed to by many scenarios.

Thank you very much, Sen. Wangari.

Sen. Murkomen, do you have a point of order or something? Thank you very much, Sen. Wangari, for that. Now, quite obviously, there is no quorum to vote on the Bill. So, I will defer the voting on the Bill to Tuesday, 24th June, 2014, at whatever time we shall be able to vote on that day. Is that okay? Thank you very much.

Next Order.

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

What is it, Sen. Murkomen?

Mr. Deputy Speaker, Sir, as you may see, the next order is a very weighty order because it is The Statute Law (Miscellaneous Amendments) Bill. As a Member of the Committee on Legal Affairs and Human Rights, I know that this Bill cuts across various legislations. Considering that there is no quorum, I think we should adjourn the House until such a time that we have enough quorum for the Chairperson of the Committee to prosecute this matter effectively and with the support and contributions of the other Members.

Sen. Murkomen, are you drawing my attention to the fact that there is no quorum?

Yes, Mr. Deputy Speaker, Sir.

Clerks, is there a quorum?

Order, Senators. I am advised that there is no quorum after the Division Bell has been rung for ten minutes. The House, therefore, stands adjourned for lack of quorum until Tuesday 24th June, 2014 at 2.30 p.m. The Senate rose at 5.00 p.m.