Hon. Senators, I have a short communication to make regarding the relocation of the Senate to the refurbished Senate Chamber in the main Parliament Buildings. You may recall that during yesterday’s sitting, I informed the House that from Tuesday, 1st July, 2014, the Senate will start using the refurbished Senate Chamber at the main Parliament Buildings. I would like to reiterate this position and add that today will be the last day the Senate will hold its plenary sittings in this Chamber. For your information, the Senate leadership or most of them and the administration are now housed in the main Parliament Building on the First and the Ground floors, next to the refurbished Chamber. Further, I would like to inform you, hon. Senators, that the new Chamber has been fitted with modern electronic devices which we shall henceforth use to transact business. Business will no longer be transacted manually once we relocate. In order for us to be trained on the use of electronic devices, there will be a briefing session for all Senators on Tuesday, 1st July, 2014, at 9.30 a.m., in the refurbished Chamber. It is very important that we all attend the briefing session in order to learn how to operate the electronic system. Thank you.

TO DISCUSS ADMINISTRATIVE SUPPORT TO HON. SENATORS Hon. Senators, yesterday you also requested for an informal meeting with the Speaker. I am proposing that immediately after we have sat to be shown how to use 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. Deputy Speaker, Sir, I beg to lay the following Papers on the Table:- The Eleventh Biannual Report of the Monetary Policy Committee from the Central Bank of Kenya (CBK) THE COUNTY BUDGET IMPLEMENTATION REVIEW REPORT The County Budget Implementation Review Report on the office of the Controller of Budget, third quarter, Fiscal Year 2013/2014 MONETARY POLICY STATEMENT FROM THE CBK The Monetary Policy Statement from the Central Bank of Kenya (CBK) THE BUDGET IMPLEMENTATION REVIEW REPORT The Budget Implementation Review Report on the office of the Controller of Budget, third quarter, Fiscal Year 2013/2014.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table:- Business for the week commencing Tuesday 1st July, 2014

Sen. Karaba, do you have a statement to make? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Yes, Mr. Deputy Speaker, Sir.

That Statement was sought by Sen. (Eng.) Karue and I know it is now the property of the House and it can be given in his absence. However, I really would have preferred that it was given when he is here, but we have no knowledge where he is.

Mr. Deputy Speaker, Sir, you have to guide me over that issue.

Could you give us a few moments? Let us go to the other Statements and then I will call you again.

Thank you, Sir. MANAGEMENT OF MAENDELEO YA WANAWAKE ORGANIZATION

Thank you, Mr. Deputy Speaker, Sir. I rise to seek a Statement from the Chairperson of the Standing Committee on Labour and Social Welfare concerning the management of Maendeleo ya Wanawake Organization which has been undergoing challenges. In the Statement, I would like the Chairperson to:- (1) Explain whether he is aware that the organization is planning to hold its elections in July 2014. (2) State whether he is aware that the organization has increased membership fees from Kshs100 and that those wishing to vie for various positions in the organization for the following categories are required to pay as follows:- (a) If you are vying for a position at the ward level, you are required to pay Kshs2,000. (b) If you are seeking any position at the sub-county level, you are required to pay Kshs5,000. (c) If you are seeking for any position at the county level, you are required to pay Kshs10,000. (d) If you are seeking any national position, you pay Kshs20,000. (3) Since the above criteria is likely to lock out many ordinary Kenyan women from vying for the various positions, could the Government intervene and order the organization to revert to the old membership fee of Kshs100 and refund the poor women who have already paid the new rates? Thank you.

Who is the Chairperson for the Committee on Labour and Social Welfare?

It is Sen. Madzayo.

He is not here! The Senate Leader of Majority, could you, please, tell us when that Statement can be given? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, the Statement can be availed next week, but I do not know whether the responsibility is on me or the Chairman. I can undertake to convey that request to the Chairman.

Could you give us a day?

(Sen. (Prof.) Kindiki): Thursday next week.

That would be on 3rd July, 2014. Is that okay, Sen. (Prof.) Lonyangapuo or would it have been overtaken by events?

Mr. Deputy Speaker, Sir, the question is a bit urgent. There is a possibility that the elections will be held on Tuesday, so I would rather he gives us the answer on Tuesday next week.

Today is Thursday and we are not sitting tomorrow, the Chairman may not be in the precincts tomorrow. So I think it would be putting too much pressure on the Committee. Could we try for Wednesday, 2nd July?

(Sen. (Prof.) Kindiki): That is okay, Mr. Deputy Speaker, Sir.

Are there anymore statements? I notice that there were some statements to be sought by Sen. Murungi but he is not here and so we are going to adjourn them. Before the Senate Majority Leader lays his Paper on the House, I would like to inform Sen. Karaba that Sen. (Eng.) Karue is not in the House and I have no knowledge of where he is. I have been informed by the Clerk’s office that there was a ruling by the Speaker that the Statements should ideally be issued when the person seeking the Statement is in the House, notwithstanding that the Statement is the property of the House. Since Sen. Karue is not here, may I request you to issue the Statement on Tuesday next week. Does that prejudice you in any way?

Mr. Deputy Speaker, Sir, I have no problem with that ruling but it is also important to put on record that when you are put under a lot of pressure to look for these answers and we get the answers after we have really labored into it, it is important that whoever had sought the Statement be available. I have suffered a lot.

You have not suffered; you were doing what you are supposed to do. But I know where you are coming from and I appreciate that very much. If the ruling of the Speaker had not been made to that effect, I would have had the Statement issued, because like I said, it is the property of the House. If there is that ruling by the Speaker, I am not going to change it now, maybe some other time.

Mr. Deputy Speaker, Sir, suppose he will not be there on Tuesday?

Sen. Karaba, let us not pre-empt the situation. Just be prepared to give the Statement on Tuesday, 1st July.

In the new Chamber, Sir.

Fortunately, you will the first Senator to issue a Statement in the new Chamber.

Thank you very much. Most obliged.

If Sen. (Eng.) Karue comes before we finish with the Statements, I will request you to issue 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.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I am informed that Sen. (Eng.) Karue is on an official trip to the Guinea Bissau, led by the Deputy President of the Republic of Kenya.

I think then he will come over the weekend and so you can issue it on Tuesday.

Mr. Deputy Speaker, Sir, I just wanted to indicate that in a case where somebody is ready to issue a Statement and the person who requested for that Statement is not there, that it be recorded.

Have you risen on a point of order or what? I thought you were coming to seek a Statement.

No, I am not coming to seek a Statement. I wanted to contribute on the discussion about issuing of statements.

I did not give you permission to continue that debate. I thought you were seeking a Statement.

Mr. Deputy Speaker, Sir, I am not seeking a Statement.

But you did not rise on a point of order. Did you?

I just stood and you asked me to speak!

It was because I did not know what you wanted, but now I know what you want because you have said it, but I am not going to allow you.

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

What is the point of order that you want to raise?

On a point of order, Mr. Deputy Speaker, Sir. For our sessions and procedures to become even clearer and helpful for us, I wanted to make a suggestion that where somebody has sought for a Statement, and the Statement is ready to be issued but the person who sought it is not there, it goes on record very clearly so that another time when the person who sought the Statement asks for that Statement when the person who was ready to give the Statement is not there, then they refer to that record.

Thank you, Sen. (Dr.) Zani, but if you heard me, I said that I am with you and I am with Sen. Karaba on all aspects on that issue, but that there is a ruling by the Speaker on the matter which has not been changed. Until it is changed, that is the ruling of the House. I understand what you have exactly said and in fact, I am quite appreciative of the Senate Leader of Majority for having told us where Sen. (Eng.) Karue is because then it would have been a very awkward situation. I think we can proceed on that premise. The Senate Majority Leader, you can now give your Statement. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. Prof.) Kindiki): Mr. Deputy Speaker, Sir, I wish to read the Statement of the Senate Business for the week commencing 1st July, 2014, pursuant to Standing Order No.45. On Tuesday, 1st July, the Rules and Business Committee (RBC) will meet at noon to schedule the business of the House for the week starting 1st July. The Senate will also continue on that day with business that will not be concluded in today’s Order Paper and will also commence the Second Reading on the Political Parties (Amendment) Bill of 2014. Wednesday is normally a Motions day and, therefore, on that day, the business which will not be concluded on Tuesday will be considered and any other business that will be scheduled by the RBC including the debate on the following Motions:- (1) Motion by the Chairperson of the Standing Committee on Information and Technology on the adoption of the Report of the Standing Committee on Education, Information and Technology on the retreats with County Executive Committee members in charge of education and ICT. (2) Motion by Sen. Mositet on restructuring of the Kenya Urban Roads Authority (KURA) and expanding its mandate to cover road infrastructure in all the 47 county headquarters. (3) Motion by Sen. Ongoro on the need to give incentives to coconut farmers. (4) Motion by Sen. Ndiema on addressing the concerns of medical practitioners in counties. (5) Motion by Sen. Karaba on measures to streamline education and training for learners with special needs and disabilities. (6) Motion by the Chairperson of the ad hoc committee on the adoption of the Committee Report on legislation on royalties accruing from exploitation of natural resources in the counties. Mr. Deputy Speaker, Sir, on Thursday, 3rd July, 2014, the Senate will continue with the business not concluded on Tuesday and Wednesday and consider any other business that will be scheduled by the Rules and Business Committee. I hereby lay this Statement on the Table of the Senate.

Thank you, Senate Leader of Majority. It appears there are no other Statements now. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. Prof.) Kindiki): Mr. Deputy Speaker, Sir, there is one more Statement which was due today. It was my responsibility to provide a statement that was requested by Sen. (Prof.) Lonyangapuo. That Statement regarding the fate of Senate Bills that have been submitted to the lower House is not ready. I wanted to ask the indulgence of Sen. (Prof.) Lonyangapuo and the House to give me until Tuesday next week to be able to provide a comprehensive Statement.

Is that okay, Sen. (Prof.) Lonyangapuo? I also note that you had another Statement which was supposed to be given today by the Chairperson of the Standing Committee on National Security and Foreign Relations concerning insecurity along West Pokot-Turkana county Borders. I thought I saw the Chairperson here. It seems he has left. Well, you did not raise the issue either. Sen. (Prof.) Lonyangapuo, for the record, you had that Statement coming today.

Mr. Deputy Speaker, Sir, the two statements were supposed to be responded to today as you have rightfully put. But I am surprised that the chairperson is not in, particularly for the last one because of the insecurity situation that my people are facing along the border of the two counties. Can we go and look for him?

Well, I saw Sen. Haji not so long ago. But you know equity assists the vigilant. It was up to you to ask him whether he was ready to give the statement.

Since he is not in, we can wait for Tuesday, next week.

Is that okay with you?

Yes.

So, the statement will be issued on Tuesday, next week. GOVERNMENT POLICY ON DEVELOPMENT AND USE OF INDIGENOUS LANGUAGES

On a point of order, Mr. Deputy Speaker, Sir. I rise to draw the Speaker’s attention to the fact that I am still awaiting my famous statement from the Chairperson of the Committee on Education. Sen. Karaba has not yet delivered the statement which he promised to deliver last week. I know he had travelled but could 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.

Sen. Karaba, it is true that you were supposed to have given a statement on 24th April, 2014, 19th June, 2014 and today, it is still outstanding. Do you have any reaction to that?

Mr. Deputy Speaker, Sir, I agree with the sentiments raised by my friend, Sen. Murungi. We were discussing with him how difficult it is to get these people. I was informed by staff of an office that I went to yesterday of curriculum developers that they are looking for the answer because it is complicated. I am told that by next week, they will have the answer.

The statement sought by Sen. Murungi is on the promotion, development and use of indigenous languages in schools. What are you saying is complicated about that?

Mr. Deputy Speaker, Sir, according to the way I am getting, it is supposed to be tested by the curriculum developers yet the ones who are supposed to supervise are the Teachers Service Commission (TSC) because they are the ones who provide the teachers. Then it is supposed to be examined by the Ministry of Education. So, the three departments are meeting to decide on the fate of this because it becomes a policy matter of the Ministry.

You said it becomes a what?

After this, it will become a policy matter.

So, the statement that will be made will then be a matter of policy?

Yes.

And that is the fear they have, that they do not want to communicate?

Mr. Deputy Speaker, Sir, the fear is that they have to coordinate with all departments.

On a point of order, Mr. Deputy Speaker, Sir. With due respect to my very good friend, Sen. Karaba, he has been a high school principal for many years. I feel he is equipped with knowledge, information and skills on matters that relate to education. For him to come and tell this House that this is a policy matter----

What is your point of order?

Mr. Deputy Speaker, Sir, my point of order is that the statement sought by Sen. Murungi talks of promotion of indigenous languages in schools, if we got it right. Now, the Committee Chair is talking about the TSC and so on. Is he in order to constantly mislead this House? Policy issues are discussed at the Ministry level. This is not a matter that requires many things.

But is he actually misleading the House? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I think he is misleading this House because---

The statement that is sought is on the promotion, development and use of indigenous languages, something that is not happening now, except Kiswahili.

Which are the indigenous languages? Indigenous language is mother tongue!

Just a minute, Sen. Abdirahman. Let us not be argumentative!

Do you want me to continue?

Do you want to be argumentative?

No, Mr. Deputy Speaker, Sir.

Then listen to me. I am saying; if you look at the way that statement is sought, it is on promotion, development and use of indigenous languages in schools. I do not believe that a statement can come and just be issued to say that a certain language is going to be used in school.

The trouble now is; you are not listening to me.

I am listening to you, Mr. Deputy Speaker, Sir. I am saying there exists at the Ministry level a policy that says indigenous languages can be taught in schools. To a certain level, these things have been developed unless he really does not want to get the information or he is not getting it right. His constant delay is causing an unnecessary delay in this House. He is not giving us the information rightly. That is my understanding.

Fortunately, I think you have inside information. Sen. Karaba, are you in order? Are you misleading the House? That is what Sen. Abdirahman thinks.

Mr. Deputy Speaker, Sir, to my surprise, I am shocked that I am misleading the House when I am telling the truth. I have been in those offices physically. I even talked to the Director who was my college mate at one time. She assured me that as soon as this statement is ready, she will release it to me. When I have it, I will table it to the House. That is all I can say.

Sen. Murungi.

Mr. Deputy Speaker, Sir, I sought a statement from the Cabinet Secretary for Education. Sen. Karaba went to see some junior officers in the Ministry. There is no question of policy here because the Constitution is very clear that the state has a duty to promote indigenous languages. Secondly, the Education Act which was passed in 2013 states that the first three years of schooling should have an element of indigenous languages being taught. So, the policy is already set. I was asking what steps are being taken to implement this policy and the Constitution. Is Sen. Karaba in order to mislead this House that he is going to look for a statement from junior officers in the Ministry of Education and his classmates while we asked for the statement from the Cabinet Secretary? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Yes, Sen. (Dr.) Machage. Please move to the front.

Mr. Deputy Speaker, Sir, from my knowledge, we seek statements from committee chairs. Therefore, is hon. Murungi in order to reprimand the chairperson of the committee for having sought information from whichever level of officers he so desired?

Sen. (Dr.) Machage, I hear you. However look at this issue and with a lot of respect to Sen. Abdirahman and Sen. Murungi, I know it is in the Constitution and the Education Act. But the statement that will be issued finally here will satisfy Sen. Karaba as the chairperson and you, as Senators will still have to set out a certain - I do not know whether you want to call it policy or a way forward on how indigenous languages will be promoted. So, however you look at it, there must be a policy issue. Who he seeks it from, as long as he gives us a satisfactory answer, frankly, is neither here nor there. If he seeks it from a junior officer – I do not know what level you call junior – but as long as we get an answer that is satisfactory, the House will be satisfied. We will leave it at that. Sen. Karaba, did you give an undertaking on when you will give that statement?

Mr. Deputy Speaker, Sir, it is also important to recognise that the effort I have taken---

I heard you, Sen. Karaba. Are you giving an undertaking on a date that you will issue the statement?

Mr. Deputy Speaker, Sir, the undertaking is that I will issue the statement next week.

What date next week? Monday, Tuesday or Wednesday?

Mr. Deputy Speaker, Sir, Wednesday.

That will be 2nd July, 2014?

Yes, Mr. Deputy Speaker, Sir.

Sen. Murungi.

Sen. Murungi, for HANSARD purposes, you have to come to the front. I am sorry about the inconvenience.

Mr. Deputy Speaker, Sir, I might be out of the Senate next week. I request, with the indulgence of the Chair, for the statement to be issued the following Tuesday.

That will be on 8th July, 2014.

Yes, Mr. Deputy Speaker, Sir.

Sen. Karaba, that gives you an extra week. It is so ordered.

Mr. Deputy Speaker, Sir, the chairperson is not available today but as the Vice Chairperson of the Committee, I am ready to issue the statement. 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.

Go on and give the statement. Which one are you giving now? There are two statements for Sen. Murungi.

Both, Mr. Deputy Speaker, Sir.

Okay, proceed. STATUS OF MIKINDURI-MAUA ROAD

Mr. Deputy Speaker, Sir, on 12th June, 2014, the Senator for Meru County, Sen. Murungi, requested a statement from the Chairperson of the Standing Committee on Roads and Transportation regarding the status of Mikinduri-Maua Road. In the statement sought, the Senator wished to be informed of the following:- (a) the current status of the Mikinduri-Maua Road; (b) the cost of the project and the contractor; (c) why it has taken so long to complete this short road; (d) how much money has been allocated to this road this financial year; and. (e) when the road is expected to be completed. Mr. Deputy Speaker, Sir, I wish to respond as follows:- (a) The Mikinduri-Maua Road is located in Meru County and it is 18 kilometres long, out of which 8.5 kilometres has been completed to bitumen standards. (b) The contract sum is Kshs1,721,871,230 and the contractor is M/s Mulji Devraj & Brothers Limited. (c) The construction of this road has taken longer than the contract period due to budgetary provisions in the past financial years, that is 2012/2013 and 2013/2014. (d) In the Financial Year 2012/2013, the allocation for the project was Kshs469 million while in the Financial Year 2013/2014, the allocation for the project was Kshs155,496,897. The contractor is still on site but no work is going on. In this Financial Year 2013/2014, the project was allocated Kshs155,496,897,000 which was not adequate to complete the works as per the initial expected time of completion in September, 2013. (e) The Ministry, through the Kenya Rural Roads Authority, (KeRRA) plans to complete the remaining part of 9.5 kilometres before the end of the Financial Year, 2014/2015. The budget estimates next Financial Year, 2014/2015 for the Mikinduri Maua Road is Kshs400 million. Enclosed are the contract details and the project location map. I beg to submit the statement.

Sen. Murungi, do you have any reaction to the statement?

Mr. Deputy Speaker, Sir, it is the tradition of the House for a Senator who has requested for a statement to be given a copy of the statement in writing to enable him or her interrogate it. Having just heard the statement, I need some time to study it for me to be able to put appropriate questions. 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. Sijeny, is there any reason why Sen. Murungi has not been given a copy of the statement before now because that is the normal practice?

Mr. Deputy Speaker, Sir, I apologise for the anomaly. Our committee clerk is out of the country and he had asked his associate to stand in for him. I think that is where there was a communication breakdown. Had I known, I would have made sure he had a copy. I apologise for that little mishap. I could give him my copy or ensure that he gets one by the end of the day.

I know other Senators may want to raise issues with you. I can see Sen. Musila almost on his feet. We have to make a decision. Sen. Murungi says he wants to interrogate your statement. He wants to do so in such a way he can raise issues with you. Does it make a difference if you re-issue the statement on Tuesday, 1st July, 2014? Give him a copy, so that he can go through it and verify the facts. Sorry, not to re-issue it, but so that he can be able to raise issues with you on that day. Do you have any problem with that?

Mr. Deputy Speaker, Sir, I do not have a problem. I will be happy for him to grill me on my birthday. 1st July, 2014 is my birthday.

That may preempt the other Senators who may have wanted to react to your statement.

That is in order. We can ensure that. If he accepts that, we will make sure that he has everything.

Is that okay, Sen. Murungi?

Mr. Deputy Speaker, Sir, is it possible for the statement to come back to the House on 8th July, 2014 because of the same reasons that I gave regarding Sen. Karaba’s statement?

But the Statement will not be issued afresh. It will be now for you to interrogate it, because it has already been issued.

Mr. Deputy Speaker, Sir, a copy should be given to me now and then, I will raise issues on 8th July.

Is that okay?

Mr. Deputy Speaker, Sir, I have served him before credible witnesses.

Before you issue the second Statement to Sen. Murungi – because I do not want the same thing to happen – have you given him a copy of the other Statement? I am talking about the second Statement that you are supposed to issue to him.

Mr. Deputy Speaker, Sir, I think that the position is the same.

Have you not given him a copy?

No, Mr. Deputy Speaker, Sir.

Can we postpone it also to 8th July, 2014? Is that okay, Sen. Kiraitu? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Yes, Mr. Deputy Speaker, Sir.

It is so ordered!

Mr. Deputy Speaker, Sir, since I have not read this one, can it come for reading then?

I know and that is why I am saying that instead of issuing it now, you will issue it on 8th July, 2014, at the same time that you will be interrogated on the other Statement.

Much obliged, Mr. Deputy Speaker, Sir.

Mr. Deputy Speaker, Sir, I am standing on a point of procedure. Did you hear Sen. Sijeny say “I have served him with a copy?” The language here is: “I have laid it on the Table.” This is not a court process. Mr. Deputy Speaker, Sir, secondly, I think that we are overwhelming our Chairpersons by requiring them to deliver copies of their Statements to the Members who have sought them. That is the work of the clerks. When a Statement is received, I would like you to direct that the clerks should ensure that those who asked questions are given those copies before they come to the House. What has happened here now is the Chairperson exchanging with the Senator, when the Clerks are sitting here pretty.

Sen. Sijeny, you are a lawyer and you must learn the language of the House. I am not asking you to answer to anything, but just telling you that Sen. Musila is right in that regard. I am sure that the Clerk’s office has heard also. But the normal procedure – and it is the practice throughout – is that a Statement is given to the Senator seeking it in good time, so that they look at it and are able, therefore, to raise issues or questions on it or accept it as it is. I am sure that the Clerk’s office now will know that it is their role and duty to make sure that the Statements have been given to the relevant Senators in good time.

Mr. Deputy Speaker, Sir, it is apparent that requests for Statements on roads seem to be recurring in this House more often than not. I had also raised a similar concern of a road in my county and not much has been given in the form of an answer. I would, therefore, suggest that Statements pertaining to roads should be all lumped together and then we get one answer, so that some of us can be satisfied. This is because I requested for one last year and nothing has happened so far. If it elapses, do we also say that the money that was allocated by the Ministry to complete the road has also elapsed?

I have heard you, but have you pursued your answer? You cannot just say that you had sought a Statement which is not on the schedule. I think that it would be impractical to say that all Statements on roads be given at the same time, because they have been sought individually at different times. I think that it would be difficult to make a specific ruling on that. But if your Statement is outstanding, and you think that it has elapsed, you can ask again, because this is a new Session. You can hope to get an answer sometime. That is it for Statements. 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.

Where is the Senate Majority Leader? Is this not Sen. (Prof.) Kindiki’s Motion which is coming for Division?

Mr. Deputy Speaker, Sir, I do not know whether I should have said “point of order,” but I just want a clarification from you. Once a Motion brought by any person has been debated in the House, I thought that it is already the property of the House and, therefore, owned by the House. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I do not understand you. What is your point of order? Were you buying time for the Senate Majority Leader to come in or what were you standing up on?

Mr. Deputy Speaker, Sir, I have asked for two clarifications from the Chair. One is as to whether, in future, if a Motion is coming for division and the Mover of the Motion is not in the House, that is sufficient ground to postpone it. But now that the Senate Majority Leader is here, that may not apply to the current Motion. But for future ruling, you can take your time to make a decision.

Have you withdrawn the point of order?

No! I have just said that the clarification for that substantively may not be today. You can retire and make a decision in future.

Thank you very much, Sen. Murkomen. Sen. Kindiki, this is your Motion and it is going for division. Can we go on and put the question now?

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, we have about 26 delegations in the House and since this is not a contentious Motion, maybe we should just carry on.

I just wanted to know whether we have the threshold to proceed to put the question.

(Sen. (Prof.) Kindiki): We have the threshold, Mr. Deputy Speaker, Sir. I think that we have about 26 delegations as per my count.

Order! Order, Senators! This is a Motion which is coming for division and it is to do with counties. So, we are going to vote by county delegations. I am now going to put the question. Ring the Division Bell.

Order, Senators! Order! Take your seats. Can the doors be locked and the Bar drawn?

The Teller for the Ayes will be Sen. Beatrice Elachi and the Teller for the Noes will be Sen. Judith Sijeny. Under Standing Order No.77 (4), I am supposed to put the question again on this very long Motion. I have announced the tellers; they are Sen. Elachi and Sen. Sijeny. 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.

How many votes are we getting from Nairobi County? There is only one delegation.

Yes, Sen. Wetangula, are you rising on a point of order? What are you doing? If you want to rise on a point of order, then do so. Who voted for Nairobi County? I heard two voices.

Order, Sen. Wetangula! Are you making a point of order? I can hear you talking to me from there.

Yes, I am, Mr. Deputy Speaker.

Then rise and make your point of order, if you want to.

Mr. Deputy Speaker, I want to raise an issue about the procedure in this House. There may be votes in this House; but each vote is critical and it counts. This is a Motion that we all support and we are all voting, yes. But there maybe be serious contentious issues that the proxy vote must be proved to be a proxy vote. A proxy vote must be based on instruction. That is what the Standing Orders say; and that is what the Constitution provides. If you care to listen, you can answer me. Mr. Deputy Speaker, Sir, you, yourself, have said from the Chair that you will be demanding to see the proxies. Some things you can let pass – like I have said this is a Motion that we are all supporting – but we may reach a level where when the distinguished Senator, the teller, says “Yes” and the distinguished Senator, Beth Mugo, says “Yes.” The ultimate is that they have no proxy; they are just voting and voting is not just a ritual in this House.

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

Order, Sen. Mugo! I have not allowed you to speak. I have said many times that you cannot just rise and start talking; that is not going to be done in a House that I am presiding over! I have made it clear that you will not just rise and start talking. I will not allow that. As you know in my procedure, I do not normally refuse points of order, but the rules of this House must be obeyed. So, if you want to rise on a point of order, you need to stand in your place, say “On a point of order;” then you will either be called or not. Now, Sen. Beth Mugo, do you have a point of order? Come to the front because the microphones there are not working.

Thank you, Mr. Deputy Speaker, Sir. I do have a standing authority in writing from the substantive Senator for Nairobi, Sen. Mike Sonko.

On a point of order, Mr. Deputy Speaker, Sir. If my memory serves me right, the ruling from the Chair was from yourself. You did rule, when we were sitting in the ‘garage’ at the Kenyatta International Conference Centre (KICC) that every vote is an independent vote; it is treated on its own merit. There is nothing like a standing instruction or a standing proxy. The proxy must be relevant to each vote; that was your ruling and the HANSARD can be checked. I am not preventing anybody from voting; I am not even saying that Sen. Mugo does not have the proxy. But what she has said defeats what the rules say; each proxy is relevant to each vote. It becomes even more difficult when two Senators from the same county purport to be carrying one proxy from one delegation leader.

Yes, Sen. (Prof.) Kindiki?

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I agree with the Senate Minority Leader to a large extent. But so far, the voting in this House, including proxy voting, has gone on without any big issues of suspicion or irregularity. I would have been worried if one Senator, purporting – if I can say that – to be voting on proxy, voted “yes;” and another one voted “no.” Then I would have been very worried. So, Mr. Deputy Speaker, Sir, as much as the Senate Minority Leader is raising a very relevant and legitimate point, I think the fact that both Senators have said “yes” should also inform the decision; but it depends on the Chair’s ruling.

Sen. Sijeny.

Mr. Deputy Speaker, Sir, I wish to explain the confusion---

Sen. Sijeny, I am not seeking any clarification from you. Is that a point of order? You rose on a point of order, did you not? What is your point of order?

Mr. Deputy Speaker, Sir, it is a further point of order.

Then I do not need an explanation. My mind is very clear on this issue.

I am most obliged, Mr. Deputy Speaker, Sir.

Yes, Sen. Murkomen? 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. Deputy Speaker, Sir, whereas I agree with the Senate Minority Leader in so far as one person to be designated to vote at a time, reading the Constitution and again the same Standing Order No.71(2), you will find that it says:- “Except as otherwise provided in the Constitution, in any matter in the Senate affecting counties-” (a) each county delegation shall have one vote to be cast on behalf of the county by the head of county delegation or in the absence of the head of the delegation, by another member of the delegation designated by the head of the delegation;” Mr. Deputy Speaker, Sir, it does not say that for every vote, you need to guide every delegation. My reading of this is that you could actually be having even a standing designation as long as it is there. I agree with the Senate Minority Leader in as far as one person is designated and not more than one person. But you do not tell us that you must get a specific designation for a specific vote; it can be a standing designation.

Well, hon. Senators; is there any other point of order on that issue? Hon. Senators, I have made a ruling on this issue in the past. Like I said, my mind is extremely clear on it; and that is one area that I do not think you are going to depart from. The only thing that I know I have not said is what Sen. Wetangula said last; that each vote has to be specific. I have not said that. In fact, what I had proposed was that the Clerk’s Office needs to have a register of designations so that we know that in Nairobi County, for instance, the substantive Senator for Nairobi has designated, for the sake of argument, Sen. Beth Mugo and, in her absence, Sen. Elizabeth Ongoro; in her absence, another Senator and so on, and so forth. That is what I have said in the past.

It may not be possible at every instance to have a designation at every one point. But my position still stands clear that it has to be designated, because that is what Article 123 of the Constitution says; and that is what Standing Order No.71 of the rules of this House says. That is one area I am not willing to depart from. So, every time a Senator votes, it must be clear that they have been designated, whether as a standing designation or a time to time designation. Hon. Senators, let me give you an example. I have in front of me here a letter from Sen. Tiole Ndiema dated 19th of June, addressed to the Speaker of the Senate. It says clearly that:- “This is to authorize Sen. Catherine Mukite to vote on behalf of the delegation for Trans Nzoia County from the date of this letter until 30th of June, as I shall be out of the country on official duties of the Senate.” So, come 1st of July, Sen. Mukite will not have authority to vote, unless another letter like this one has been written. That is a very clear position as far as I am concerned. So, when the Senators vote and both Sen. Sijeny and Sen. Mugo said “I vote yes;” then there could be a problem, like Sen. Wetangula said; or maybe there is no clarity of purpose as to what Sen. Sonko has said on his designation. But it is not for me, as I sit here, to ask for a designation letter. The Clerk’s Office ought to either have a register or something to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, as we appreciate the clarity with which you have ruled on this matter, not once, but severally, would I be in order, therefore, to request that you clarify on the issue of Sen. Mugo and Sen. Sijeny today? One, do you have any information from the Clerk’s Office that there are any instructions allowing either of them to vote? Two, who is senior of the two to take the mandate, because if they are two, there should be a senior one? Three, if none of them---

Sen. (Dr.) Machage, it is going to be hard---

If there is no permission or order that any of them represents the Senator, then rule them out of order and punish them.

Yes, Sen. Wetangula?

Mr. Deputy Speaker, Sir, we are the first Senate in a long time in this country after the first Senate was truncated within a year or two. It is good that we set a good precedence for the future. There will come a time when what looks like a casual vote can have far reaching ramifications on other issues. Article 123(4) (a), which Sen. (Prof.) Murkomen read, is very clear. I think you have made it more abundantly clear by reading the letter from Sen. Tiole Ndiema. What probably you, as the Chair, should help this House for now and for the future, is to give a direction that will be in line with what Sen. Tiole Ndiema has done; or alternatively, the Senators who make technical appearances in this Senate – like the Senator for Nairobi, who is the head of delegation – should, every Monday, send a letter to the Clerk’s Office to say that “if there is a vote in any matter, I have designated Sen. Beth Mugo to vote for Nairobi.” Mr. Deputy Speaker, Sir, we know that as we are voting, some Senators are probably standing out here; and it is inconceivable that they had, in fact, instructed anybody to vote. So, it is good to have clarity for the future because we can actually make a decision here and one Omtata can walk to court and say “Sen. Chelule voted without authority.” If the authority is not clear, the Senate can find itself in a very embarrassing situation, yet this is something that we can very clearly design, define and give direction on for application in the future. I am not blocking anybody from voting; I am simply saying that we need to have things clear.

Sen. Kiraitu Murungi.

Mr. Deputy Speaker, Sir, as we are in the process of voting, is it in order for the Senate Minority Leader to engage the House in prolonged statements which are not even based on any provisions of the Standing Order, interrupting this important exercise? 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, hon. Senators! If you look at Standing Order No.80(4), it says that during division like we are in, Senators shall maintain order in the Senate and shall be in their designated seats and shall remain seated until the result is announced. I appreciate that and I allowed this point of order from Sen. Wetangula with my eyes open because although the Standing Order says that, I do not believe that it means that the Constitution or the Standing Orders can be flouted just because Standing Order says we must be seated. The point of order that Sen. Wetangula raised is extremely important because like he says correctly, if we vote and a delegation votes against the provisions of Article 123 of the Constitution, that vote can be declared to be null and void ab initio. I am sure nobody wants that to happen. That is why you see us adjourning voting to the following day so that we can have delegations and numbers or threshold to vote. So, I do not think it is a frivolous point of order. Sen. Sijeny has explained to me and I have no reason to doubt that Sen. Sonko has given her a standing order or designation in which he has given the order. This also includes Sen. Mugo, in her absence, Sen. Ongoro in her absence, Sen. Sijeny and so on. So, it is important to recognize that. What I hope is not going to happen and Sen. Sijeny said so and I have no reason not to believe her; that she had not seen Sen. Mugo when she said “I vote Yes”. That for me, I accept, because we are honourable Members of this House. What I hope is not going to happen is for any Senator to purport to have authority when they have none because the records are going to be clear. As a matter of direction, I have done this in the past. I would like to see the Clerk’s office keeping a copy or a register of those designations and it should be here when you are doing divisions just in case any issue should arise because if one delegation has a problem amongst itself and one says he or she has the authority and another one also says so, then it is going to be a very difficult situation. So, the vote would be null and void. Let us proceed but I want to thank Sen. Wetangula for raising that issue because it is very important. I have talked about it in the past and I will continue talking about it until all of us understand the provisions of the Constitution in that regard. Can we proceed?

Sen. Elachi

Sen. Sijeny

Hon. Senators, the results of the Division are as follows:-

Sen. Wako, you have a balance of 25 minutes.

Mr. Deputy Speaker, Sir, as I was submitting last time, I had already touched on the Cancer Prevention and Control Act, I had also talked about the National Transport and Safety Authority Act and the National Authority for the Campaign Against Alcohol and Drug Abuse Act. I had already introduced the amendments to the Sports Act. As I stated, the common feature throughout these amendments is to ensure that the County Governments who have functions and powers over the subject matter of those Acts are given the necessary recognition not only in terms of the functions of the various institutes and boards established under the Act, but also in terms of the membership of those boards. Mr. Deputy Speaker, Sir, I believe that in introducing amendments to the Sports Act, I had mentioned that Kenya worldwide is known for sports particularly athletics especially the middle and long distance running. Kenya is very well known all over the world. In fact, those runners are better known than most of the people in this House internationally. I can tell you, for example, that the marathon runners from Elgeyo- Marakwet are better known than the Senator of that county worldwide. I had mentioned that in some of the counties, like Busia County, we have soccer players who are now playing in international leagues. Most of them come from Busia. The only Olympic gold 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 Standing Orders demand that you refer to him as Senator. Can you call him Senator?

I call him Sen. Onesmus Murkomen. Please, second me.

Thank you, Mr. Temporary Speaker, Sir. He should also have referred me as the Temporary Speaker.

(Sen. (Dr.) Machage): Order! Is there anything that is temporary on me here?

Mr. Temporary Speaker, Sir, I want to thank the Attorney- General Emeritus and Senator for Busia, Sen. Amos Wako, a man I truly respect because I must have done an examination which asked who was the Attorney-General of Kenya. If I got it right, this was Amos Wako. The Chairman of our Committee – I am a Member of the Legal and Human Rights Committee – has done a very tremendous job 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.

(Sen. (Dr.) Machage: What record might you be holding?

Mr. Temporary Speaker, Sir, we need to admit here that William Chirchir, when he beat Helguraj from Morroco, was my desk mate. We agreed that I should pursue the academic angle as he pursues sports. In another world, it is possible that I would have been a world champion on the 3,000 steeplechase. It is important, therefore, for our counties to start realizing development of sports. In this period of World Cup, we should not just be celebrating the exploits of Messi, Neymar – Suarez is not a good example because he beat somebody the other day – and many other wonderful champions in the world. Can you imagine countries like Ecuador and Costa Rica are proceeding to the second round at the expense of countries like England, Spain and Italy? Can you imagine what kind of promotion that has given Costa Rica as a destination for tourism? What kind of wealth has it generated for superstars that were playing in local leagues? They will now go to play in Europe, in the most expensive leagues and earn foreign exchange for their countries just like Oliech and Mariga have done. We must be proud of Origi who scored a goal recently. He is a Belgian Kenyan who is making us proud. We must appreciate the fact that this country has immense talent. If Mr. Origi could do it, how many Origis are out there that have not been developed? Therefore, this law is very useful in assisting our counties to work together, partner with national Government and invest in sports. It is through sports that many countries have been able to get people from slums to become superstars. People like Mr. Oliech and others have become superstars and changed their families and our country. Therefore, I recommend that this Bill be passed by this House to give greater participation by the counties and the national Government. Mr. Temporary Speaker, Sir, I want to speak about the rights based approach to Internally Displaced Persons (IDPs). This is very important. The disaster management is a function of both levels of Government. Today if you go everywhere in the country, everybody has been displaced by something, somebody, some event; a landslide, an act of God or an act of man. That is a serious catastrophe. There is also the balance between the right to environment, the inter-generation rights that we want to bequeath our children, forests and wildlife for the next millions of years and also the fact that we must have our people live a decent life. That balance is very important and we must achieve it. The best way to do it is to ensure that country governments who are working with the local people can find solutions. Mr. Temporary Speaker, Sir, I am speaking about this from experience as a person from Embobut. There is no reason we must chase people from the Embobut Forest or other indigenous forests. We can adopt the most historical ways of co-existence between the environment and the people, so that we do not remove people all the time 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 support this Bill. One reason I would like to support this Bill is the fact that the Mover has chosen to take the fight against cancer back to the counties by engaging the county leadership. In fact, all of us are addressing things that engage us directly. I believe the Statute Law (Miscellaneous Amendments) Bill talks about that too. When we look at the cancer statistics and even on road safety, which are issues that have been highlighted in this Bill, all these affect us in this House, in our families and the people we interact with everyday. Many of our people have died from cancer. It is very sad that we loss many people through cancer. Some of these diseases are preventable if we had good medical care and the right information. When we passed the Constitution, the health sector was devolved to the counties. So, if we improve our health status and we give the right facilitation to the hospitals in the counties and give the right information on cancer, we will be able to save lives. This is the only way we can join the fight against the cancer pandemic in our country. As I support this Bill, I know very well that when we give the right information with regard to the treatment and care, then we will be helping our people. Mr. Temporary Speaker, Sir, with regard to road safety, this is not something that we should take lightly. Road safety is something that involves everybody, including the police and the county government. Some of these issues should not be left to the national Government. We are able to solve many things when people join hands together to make it a priority because there are things that affect us directly and indirectly. Thank 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, I thank you for giving me the opportunity to contribute to this Bill. First and foremost, I support this Bill because it recognizes devolution. Secondly, it is adhering to the new Constitution and harmonizing all those laws which were unconstitutional or which contravened the provisions of the Constitution. It is very important to amend the Cancer Prevention and Control Act. We know that when everybody is healthy and protected, then we know that they will be more productive. This is the only way for us to improve on the economic and social status of everybody. That means that inflationary trends will be reduced and Kenya will become a richer and safer country. It is the right of Kenyans to have quality healthcare facilities as it is stated in the Constitution. So, when this Act is amended, it is in line with the new Constitution. When we devolve the road services to the counties by amending the National Transport and Authority Act, it is the county government which knows which roads link them to where. They have the know the local infrastructure---

(Sen. (Dr.) Machage): Order! Sen. Wako, you know you are supposed to listen so that you can pick a few facts which will be important when you will be replying and so, really, pay attention.

Thank you, Mr. Temporary Speaker, Sir, for that intervention and protection. Mr. Temporary Speaker, Sir, as I was saying, it also seeks to impose an obligation on the National Transport and Safety Authority (NTSA) to advise and make recommendations to the county governments on all matters that pertain to the insuring demand and elimination of drugs. Mr. Temporary Speaker, Sir, with all these amendments the country will see the benefits of devolution. People will be able to improve on trade and access to all the facilities that they may need. It will also reduce rural-urban migration. Kenyans will now go back to their counties and develop their rural areas. As a result, this will generally improve the economic and social status of the country. Mr. Temporary Speaker, Sir, once the National Authority on the Campaign Against Alcohol and Drug Abuse (NACADA) Act is amended, it will recognize that the county governments have a duty to perform. They will be responsible for liquor licensing and control of drugs, in accordance with the Constitution. Mr. Temporary Speaker, Sir, with those few remarks, I beg to support.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to this Motion. Mr. Temporary Speaker, Sir, from the outset, I wish to thank the Professor

for moving this Bill that touches on the lives---

(Sen. (Dr.) Machage): Did you call him a professor?

Mr. Temporary Speaker, Sir, he looks like one and has not resented my calling him so. 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): Yes, Sen. G.G Kariuki!

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 was standing to let my brother pass, but not to speak. But---

(Sen. (Dr.) Machage): Order! Order! Are you ready to speak or you are still standing to let your colleague pass?

Mr. Temporary Speaker, Sir, I am saying this because of my sister over there. If I am out of order, I am sorry. But let me continue.

(Sen. (Dr.) Machage): Very well. Continue.

Mr. Temporary Speaker, Sir, unfortunately we did not have a lot of time to look at this Bill. It is not because of the management of the Senate or the Mover of this Bill, but our reluctance sometimes to take some things very seriously. That is why I feel guilty that I did not have enough time to look at this Bill. Mr. Temporary Speaker, Sir, given the little that I have gone through the Bill, it is very important that it is being moved by a Senator that we respect in terms of the management of law in this country. He has done it for quite sometime. During the Statute Law (Miscellaneous Amendment) Bills I know that many amendments are pushed through without many Senators and Members of the National Assembly knowing what is happening. I believe that this is what is also happening here. Mr. Temporary Speaker, Sir, the Mover has touched on quite a number of issues. There is one issue that I have gone through, that is, the NACADA Act. This is a matter that we spent about four hours this morning on; to find a way of amending the existing law to make it a lit bit more powerful than it is. We were also trying to find a way to make it agree with the new dispensation. That is a very major point that I believe that my dear colleague has taken into account. I am satisfied that he really has done a good job. About sports, Mr. Temporary Speaker, Sir, it is not a matter of debate. I think if we want to compete internationally, we have to spend money. We have to be sure that what we want to do is right because we have a habit, as a country, that we always welcome the people who have gone out when they come back with the gold medals. But on their way out, quite a number of us do not see them off at the airport because we are not committed ourselves or this country enough to feel that they have an obligation to come back here with some gold medals. I think we have tried young women and young men and they have proved be worthwhile. Mr. Temporary Speaker, Sir, I think that this is time those who take care of the sports arrangements need to make sure that they do not treat sports the way we are treating wildlife. We have always claimed that wildlife are our natural resources, but when you look at the budget approved to protect and also compensate people who go through these problems and who suffer due to the human-wildlife conflicts, you will find three years ago, the compensation paid out when a human being is killed by an animal was Kshs30,000. However, they have now improved this figure to Kshs200,000. The Ministry hijacked the Bill that we were to bring here. I brought it here, but it was not assented to by former President Kibaki. This Bill was not assented to because of the insistence. The Minister said: “We shall bring you a law that would be more 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. Wako, do you agree that you just sneaked it in?

Mr. Temporary Speaker, Sir, I think he sneaked in the thing here because we have an existing law and he is trying to amend it. Mr. Temporary Speaker, Sir, I do not know why Kenyans are ashamed to talk about IDPs. I really do not know why we are so ashamed to say that 1,000 Luos have been chased away from Laikipia. We have just been talking as if it was only one community that was affected. When are we going to be open to each other and say that 50 Kikuyus have been killed; or 45 Luos have been killed; or 500 people have been chased away from Mpeketoni and they belong to the following tribes? What is wrong with that? When we were trying to bring a Motion here to profile the number of people who were displaced, that Motion was just stepped on by my colleagues here and it did not pass. Now, I am very happy that it is coming when the situation is a bit normal. Again, I think the emotional thinking of supporting a particular tribe is dying off. Therefore, we will now be guided by the problem of the people. I think that from there, we will be moving to the right direction. We should not be ashamed of our country. If there is any problem, it is our problem. We are just behaving like a person who is hiding a person with disability. You will hide and lock him in your house so that he is not seen by the public. I think this is a most regrettable situation that Kenyans still find themselves in, yet 95 per cent of us are said to be Christians. We are called names and yet we do not know the meaning of such names. However, we believe in them. I think time has come that whatever is happening; whether good or bad, it is our country. If you are poor, let people know that you eat nothing, but your ugali, and you sleep well. If you are sleeping on the pavement, let the people know that you live on the pavement. That is the only way you can be a gentleman in this world; by being honest and true to yourself. Mr. Temporary Speaker, Sir, if you look at this thing from 1992, 1997, 1998 and also 2007, if you imagine the number of people who were destabilized, just like in 1986 when President Moi’s Government decided to get rid of everybody who was living in the forests. In fact, several thousand people were chased away. They all became destitute and they did not know where to go. But during that time, it was a one man show; we used to call it “personal rule” and we could not have challenged it. God is great that we are now able to say that, that was wrong. We are able to go home happily, having said what I have said. But these matters would not have been mentioned anywhere. Imagine how many people the system itself has displaced? If not the system, it must have been happening under their watch, because how can you chase 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, getting an opportunity to speak after so many truths have been spoken by a wise man like Senator number one, G.G. Kariuki is quite a task. Nevertheless, I feel privileged to support this Statute Law (Miscellaneous Amendments) Bill by Sen. Wako. It is very well thought, very intelligent and timely. I was in the Tenth Parliament when most of these Bills were passed. At that time, we had not factored in the new system of governance that we are now operating within. You know that with the promulgation of the new Constitution, the governance structures were 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 contribute in support of the Statutes Law (Miscellaneous Amendment) Bill, 2014 which has been brought by a very well informed person. If something like this comes from such people, we do not need to dwell so much in discussing the law since they know what they know what they are doing. If it came from someone else, you would doubt. However, this is a gentleman who has been dealing with law.

On a point of order, Mr. Temporary Speaker, Sir. Is the hon. Senator in order to input improper motive on the mental capability of some Senators in this House?

(Sen. (Dr.) Machage): He is totally out of order. Can you apologise and withdraw?

Thank you very much. If it will please, I withdraw and apologise.

(Sen. (Dr.) Machage): Continue.

Mr. Temporary Speaker, Sir, Sen. Wako has done papers which are well researched, from the first page to the last. The Committee has come up with various 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 this opportunity to support this Bill. I also want to congratulate Sen. Wako who is also my neighbour for bringing these amendments which are very important. Mr. Temporary Speaker, Sir, collaboration between the national Government and county governments is very important. It is at this point that the Senate needs to come out very strongly. I am happy that many Senators have supported this Bill on the Floor of the House. Mr. Temporary Speaker, Sir, Kenya is a great nation in terms of sports and the young people play a very big role in this area. A legacy has been set and it is important that we uphold it by nurturing talent. That is why the county governments are very important. As we try to ensure that devolution works, it is very important that we remember that every county is very unique in its own sense. They have different capacities. That is why the Senator for Elgeyo-Marakwet proudly talked about the young people from his county that are able to run and make this country proud. In the Luhya Community, for example, people are good in boxing and football. That is why we celebrate players like Shikokoti and Allan Wanga who play for AFC Leopards. We also have Willys Ambaka who plays in the Rugby Sevens team. Internationally, we have Victor Wanyama who plays for a football team in England 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.

Thank you, Madam Temporary Speaker. Let me join my colleagues in lauding and thanking Sen. Amos Wako and the Committee that sat to look at the statutes and came up with the relevant amendments as stated here. Madam Temporary Speaker, we are lauding the Committee for looking at these seven Statutes. Considering that we have gone into devolution there are many things that will require the expertise of Sen. Wako in interpreting the new law and anchoring it very well. You can already see some of the challenges that the Senate is going through. Since we are privileged to have Sen. Wako, who is the longest serving Attorney General, if we were in the university, we would have given him professorship for working for that long, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, every Senator in the House has contributed to this Bill. Therefore, I now call upon the Mover to reply.

Thank you, Madam Temporary Speaker. First of all, I want to thank very profusely all those who have contributed to this Bill, and even more important, all those who have stayed on up to now when I am replying. Some Members come in, contribute and go out. It is always good to sit around and see what other Members are saying on a particular issue. I think that, that should be encouraged, rather than just jetting in and out. We now have times for Committees and so, it cannot be a Committee which takes you out. It must be something personal, whereas when the Sitting is on, I think we should give priority to coming in and listening to everybody else, then at 6.30 p.m. we can leave. That is my appeal. I really want to thank the beautiful eight who are here. You are wonderful. We have Sen. Murkomen who, of course, seconded, Sen. Gwendo, Sen. Sijeny, Sen. (Prof.) Lesan, Sen. G.G. Kariuki, Sen. Ongoro, Sen. Karaba, Sen. Kanainza and Sen. (Prof.) Lonyangapuo. Thank you very much for your contributions. Madam Temporary Speaker, if I may start with Sen. (Prof.) Lonyangapuo’s point, the Committee on Legal Affairs and Human Rights began by looking at the legislation passed at the tail-end of the Tenth Parliament. We identified this as being very unconstitutional. We are now beginning to audit what the national Parliament has passed since, which means when you are now here and the procedures were not quite followed--- In other words, there are a number of Acts of Parliament which have been enacted, which actually touch on county governments, but we were never involved, although we are here. We want to look and interrogate them and see if there is any unconstitutionality because they have not taken into account the interests of the counties. We shall, again, bring here a Statute Law (Miscellaneous Amendments) Bill. But the bigger problem is the hundreds of Acts of Parliament which were passed before the new Constitution was promulgated. We cannot blame anybody because they were passed at a time when we had the national Government. So, we really have to go through them to make sure that they comply with the new Constitution. I am trying to write a proposal so that we can get some funding in terms of human personnel, that is, the drafters. It is really a gigantic task. We are talking about over 600 Acts of Parliament. Madam Temporary Speaker, coming to this Bill, I think that most of you have said what needs to be said on cancer. Of course, there are the main types of cancers like breast, cervical and prostate cancers. But there are some types of cancers which are more prevalent in some areas than others. For example, in Busia throat cancer and may be The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, you will realise that many of these amendments and Bills affect counties. Do you want us to take a vote at a later date?

Madam Temporary Speaker, if I had the power, I would give each one of these Members four votes and it would go through. There should be a provision for voting by proxy. Standing Order No.54(2) states: “At the conclusion of debate, the speaker shall put the question.” We have now concluded this Debate but I ask that you do not put the question because we do not, obviously, have the necessary numbers. I would like to make a request under Standing Order No.54(3) which states:- “Despite paragraph (2), the Speaker may, on request of a Senator, defer the putting of the question to the following day in which case the Speaker shall thereupon nominate a time at which the question shall be put.” What I do not know is whether we will have it on Tuesday or Thursday. 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.

We have set aside Wednesdays for Bills.

I hope Members will be around on Monday.

We do not sit on Monday. I direct that we put the question on Tuesday at 3.00 pm.

Members, you are aware that the business of the Senate is guided by the Standing Orders. We are guided by Standing Order No.39 which states that the business of the Senate shall always be guided by the Standing Orders. We are guided by Standing Order No.39 which states that the business of the Senate shall proceed in the sequence it is laid in the Order Paper. However, we had the same scenario obtaining yesterday and I made a ruling. I made use of Standing Order No.32(2) which states: “Business shall be disposed of in the sequence in which it appears in the Order Paper or in such other sequence as the Speaker may, for the convenience of the Senate, direct.” Yesterday, Sen. (Dr.) Khalwale was not in the House and I ordered that we move to the next Order which was the Motion by Prof. Lonyangapuo. It was moved and seconded and we adjourned. I will, therefore, direct we move on with the Motion by Sen. (Prof.) Lonyangapuo.

Thank you very much, Madam Temporary Speaker, for allowing me to contribute in support of this Motion which has been ably moved by Sen. (Prof.) Lonyangapuo. He is known to be knowledgeable about institutions of higher learning and as usual what happens is that professors think in the same line. The spirit of this Motion is to motivate most of us to think in the same line. What the professor is thinking is true in the sense that we cannot continue doing things before undertaking research on them. When you do research you tend to come up with new ideas, and as you perfect the new ideas, you move forward and rise to greater heights. That is what happens in the world. We should not stay in isolation but move in the direction that most countries are moving to internationally. This is happening every time and no wonder you hear of Nobel prize winners coming from either Norway, Sweden, Germany and other European countries because they know that without research, life cannot be the same. It is important that even in Kenya, what we are reaping after the 51 years of Independence is different from what we used to do before Independence. We had so many problems before but with good researchers and education levels, it has become possible for university lecturers to devote a lot of their time to do a lot of wonderful research even without Government funding. I am aware that quite a number of our university lecturers and professors at the University of Nairobi and even those lecturers who are lecturing elsewhere have come up with very classic ideas and research programmes. Some of them have even been put in newspapers and journals. For one to qualify to become a professor, he or she has to produce so many journals, books and other written literature. This is what research is all about. It therefore means that without money and commitment, most scholars in Kenya will not realize this dream and yet it is a dream that needs to be followed up. It is something that we should be proud of. We should identify ourselves with progress which is dynamic. We should be seen to be in a dynamic society. Madam Temporary Speaker, visiting other places outside Kenya, you will get to know that that is what is happening. Research has become the bread winner for many people who have to do a lot of research on very many issues. They even do research on infrastructure, education, climate, marine life, shipping behaviour, birds’ behaviour, the migration of animals et cetera . All these things are in this country. We should do more research in Kenya and relate it to what is written in other journals. These journals will be read outside this country and we will have very many people to see whether what is written in those countries is the true picture on the ground. This is what the Motion seeks us to understand. We can even generate a lot of money through what we call invisible exports. This is enough to generate enough money which we can plough back to our economy and prosper. This calls for a concerted effort; that Kenya being an agricultural country, we need to know more about what happens in the agricultural sector. We should be articulate in the way we do research on agricultural production. We should know that the Genetic Modified Organisms (GMOs) or foods are new to us and some people are not even aware of what happens because the information is not even made available through continuous The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Madam Temporary Speaker, for giving me this opportunity to contribute to this very important Motion by Sen. (Prof.) Lonyangapuo. I must say something personal here, because it is research and it reminded me of my own father. That is why I felt that I should talk about it. My father was employed in 1960 by the then East African High Commission as a clerk to the East African Legislative The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order! Order! Hon. Senators, before we adjourn, I want to take this opportunity, once again, to state that this is the last day that the Senate is sitting in this Chamber. On Tuesday 1st July, 2014 we will have our first sitting in our refurbished Chamber. I think that sometimes privileges come in little bits and you are privileged to be the last seven Senators present in the House, on the last day of the Sitting of the Senate in this Chamber. Hon. Senators, at 9.30 a.m. on the same day we shall have a debriefing in the refurbished Chamber, because as you are aware, we have now moved from analogue to digital. We will be using our new electronic devices, which shall be used henceforth in transacting business in that Chamber. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, it is now 6.30 p.m. The Senate stands adjourned until Tuesday 1st July, 2014, at 2.30 p.m., in the refurbished Chamber. 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.