Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the House, today, Thursday, 17th July, 2014:- Report of the Auditor-General on the financial operations of the County Government of Bungoma and its defunct local authorities for the period 1st January, 2013 to 30th June, 2013. Report of the Auditor-General on the financial operations of the County Government of West Pokot and its defunct local authorities for the period 1st January, 2013 to 30th June, 2013. Report of the Auditor-General on the financial operations of the County Government of Elgeyo-Marakwet and its defunct local authorities for the period 1st January, 2013 to 30th June, 2013. Report of the Auditor-General on the financial operations of the County Government of Vihiga and its defunct local authorities for the period 1st January, 2013 to 30th June, 2013. Report of the Auditor-General on the financial operations of the County Government of Kisii and its defunct local authorities for the period 1st January, 2013 to 30th June, 2013. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the House, today, Thursday, 17th July, 2014:- Report of the Standing Committee on Agriculture, Livestock and Fisheries on the petition by tea famers of Kisii County concerning high taxation and low bonus earnings by tea farmers dated 17th July, 2014.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the House, today, Thursday, 17th July, 2014:- 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, before we move to the next Order, I have a Message and Communication to make. Let me start with the Message to the Senate from Laikipia County Assembly. As you are aware, Standing Order No.42 (1) of the Senate Standing Orders provides:- “The Speaker of the Senate shall read to the Senate any message from a County Assembly to the Senate and such message shall be in writing and shall be signed by the Speaker of the County Assembly.” Standing Order No.42 (4) further provides as follows:- “If a message is received from a County Assembly, at a time when the Senate is in session, the Speaker shall report the message to the Senate at the first convenient opportunity after its receipt and in any event not later than the next sitting day.” Hon. Senators, pursuant to Standing Order No.42(2) of the Senate Standing Orders, on 2nd July, 2014, the Clerk of the Senate received a message from the County Assembly of Laikipia regarding the erroneous deductions of the salaries for the staff devolved to the County Government of Laikipia. The message, which was forwarded by way of a letter dated 25th June, 2014 under the hand of the Speaker of the County Assembly of Laikipia makes reference to a report of the County Assembly’s Committee 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, the Communication I have is on the visit to the Senate of Kenya by the President of the Senate of Rwanda. I wish to inform you that the President of the Senate of the Republic of Rwanda, Hon. (Dr.) Jean Damascene Ntawukuliryayo will be visiting the Senate of the Republic of Kenya from 18th to 22nd July, 2014. This will be a reciprocal visit preceded by an official visit by a delegation from the Senate that I led to the Senate of the Republic of Rwanda from 20th to 24th June, 2013. Hon. Senators, you will appreciate that Rwanda is a friendly country, a member of the East African Community and a member of the Commonwealth. Above all, Rwanda is a strategic and important partner to our great Republic. To this end, preparations for the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I rise to issue a statement on the business of the Senate for next week. On Tuesday, 22nd July, 2014, as usual, at 12.00 p.m. there will be a meeting of the Rules and Business Committee to schedule the business for that week. Also, as the Speaker has already communicated to the Chamber, on that day we shall be hosting a visiting dignitary, namely; the President of the Senate of the Republic of Rwanda, who as we have been told, will be addressing us. The Senate will later continue with business that will not be concluded in today’s Order Paper and debate the various Bills that are going for second reading. Wednesday is normally a day for Motions. The business on Wednesday will be determined by the Rules and Business Committee meeting on Tuesday. Among the Motions which will be considered are:- The Motion by Sen. Sammy Leshore on the establishment of National AIDS Control Council (NACC) offices at county levels. Another Motion will be by Sen. (Dr.) Khalwale concerning action to be taken on people who are perpetrating the crime of genocide in South Sudan. There will be resumption of debate on the Motion to adopt the Report of the ad hoc Committee on the Legislation and Royalties accruing from exploitation of natural resources in the counties. On Thursday, 24th July, 2014, the Senate will continue with business that will not be concluded on Tuesday and Wednesday and will continue with any other business that will be scheduled by the Rules and Business Committee. I thank you and, hereby, lay the statement on the Table of the Senate.

.: Thank you, Mr. Speaker, Sir. I rise to seek the following statements from the Chairman of the Standing Committee on National Security and Foreign Relations. In the statement, the Chairman should state; 1. Who is responsible for Kenya’s image overseas; is it the Ministry of Foreign Affairs or the Ministry of Information, Communication? 2. How many public relation officers do we have in the stations in foreign countries, 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.

There is a lot of movement here. I did not even get the request. I am sorry.

You can get it from the HANSARD.

Who was obstructing you?

This lady and this gentleman.

Sen. Mutula Kilonzo Jnr., you may need to repeat. Sen. Haji, I hope you will be attentive.

.: Thank you, Mr. Speaker, Sir. The statement is addressed to the Chairman of the Standing Committee on National Security and Foreign Relations. The Chairman should state who is responsible for Kenya’s image overseas, whether it is the Ministry of Foreign Affairs or the Ministry of Information, Communication. Two, how many public relations officers we have in those stated foreign countries; three, how many are Kenyans and how many are nationals of the respective countries; and, how many lobby companies Kenya has in our key embassies.

Thank you, Mr. Speaker, Sir. I will give the statement in one week’s time. IMMINENT ATTACK IN TURKANA

Thank you, Mr. Speaker, Sir, for allowing me an opportunity. Yesterday, the distinguished Senator for Turkana raised an alarm to the effect that there was an impending attack in his county. You directed the Office of the Clerk to write an urgent message to the internal security organs and the Chairperson of the Committee to take up the matter urgently to see what pre-emptive measures could be taken. If you were watching the news at 1.00 pm, then you saw that, indeed, there was an attack in Turkana where one person was reportedly killed. Other casualties are unknown. Seven persons were kidnapped and close to 100,000 head of cattle stolen. The distinguished Senator raised the alarm and you directed that this matter be brought to the urgent attention of security organs to find ways and means of protecting the people of Turkana County. In fact, in my intervention, I said that we did not wish to lose more lives in this country more so where we have prior information and warning. 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. Wetangula, even as the Chairman comes, the issue about the Clerk cannot be prosecuted on the Floor. So, let us take the one of the Chairperson.

Thank you, Mr. Speaker, Sir. Yesterday, when this statement was sought, I had just left the House. The matter was again brought to my attention this morning at about 11.30 a.m. I personally took the initiative and walked to Harambee House. I went to see the Permanent Secretary. Unfortunately, she was not in. I went to the second person in command, Mr. Joseph Irungu, Deputy Principal, who was also attending a meeting at the Public Service Commission. I wrote down a message and attached the statement. This is what I wrote. “Mr. Joseph Irungu, please, ensure proper security measures are put in place to avert the impending attack as per this statement.” I left it with the Secretary. I did not stop there. I went again to another Deputy Secretary called Mr. Okemwa and gave him a copy of the statement. However, up to now, we have not received a statement from the Ministry. It is unfortunate that this has happened.

On a point of order, Mr. Speaker, Sir. Before I raise my point of order, I pass my condolences to the families of the people who have been affected. There were reports, during the incident of Westgate, that there was intelligence given to the security organs. Similarly, in Mpeketoni, there were reports that this intelligence was also available to the police. Given that the Chair of the Committee has made that report to the House and given that the transmissions of this House are carried out live, it is, therefore, clear that the Government was aware that this problem was there. Could the Chairperson clarify whether there is a deliberate effort within the circles of Government to ensure that the state of insecurity in Kenya is perpetual?

Mr. Speaker, Sir, I am perturbed with what has happened given that this message came straight from the Chairperson of the Committee on National Security and Foreign Relations. This did not happen in my own constituency only. What was reported by Citizen happened in Loima Constituency. Turkana South and Turkana East were also affected. This is happening at a time when the Government has taken all the troops to guard Ngamia I, the oil discovery in Turkana. I am getting messages from Turkana that we may have to stop these operations. If the Government is only interested in ensuring that Kenya gets oil at the expense of Turkanas dying in the hands of the Pokots, then we will stop these operations. That is my The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, this is a very serious matter. A couple of weeks ago, we were in Turkana with hon. Senators and other hon. Members of Parliament. The Members of Parliament in Turkana expressed serious concerns about security. The concerns were so serious that you may wonder what is going on particularly with regard to mobilization of resources. I met the County Commissioner of Turkana who is supposed to be the Chairman of security. He told us he did not even have a car. We met the OCPD, I think in Loima and he told us that he did not have a car. The Government bought a number of vehicles recently and counties where insecurity is not as pronounced as Turkana were given up to 35 vehicles. In areas where security is a challenge, there is no vehicle at all. Forget about even the other fellows. In a whole constituency, he does not even have a vehicle and that is the area where people were being attacked. I think there is a lot that needs to be done on this issue of Turkana. I think in every meeting we went, the main message from the public was about security and nothing else. It is not insecurity from across the border; it is insecurity from within the country. I think the Chairman of this Committee needs to crack the whip on the heads of security in this country with regard to that particular county because definitely, it will have an economic impact in that county. If the people in that county now say that you cannot come to exploit resources at the expense of people dying, then it has a serious impact on the economy of the country. I think it is time the Government took that matter seriously.

Mr. Speaker, Sir, this is a very serious matter and I am glad that it was brought to the Senate. There are only two possible explanations as to why there are spots of insecurity in the country which does not receive effective Government response. One explanation is that the security apparatus in this country are either demoralized or has broken down so that the people that my dear friend goes to see at Harambee House actually do not know what they are talking about because they are disconnected from the areas where these things are occurring. The flow of information has broken down, the morale is down and people who should keep order at the grassroots think that the people up there are just eating especially in the war in Somalia where a lot of evidence has been shown. It is not a simple issue and that is one possible explanation. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. Our hearts go to the people of Turkana County and indeed to those of other areas that have been subjected to attacks regrettably without Government response. For how long are we going to go through this kind of thing where every day we are receiving reports of communities being attacked by people known or unknown, and the sad thing is that we never hear of arrests or situations we are told, they killed so many and we killed so many. Two years ago, I accompanied the former Prime Minister to a place in Turkana called Todonyang where the Merilles from Ethiopia just move across and kill our people at will and no action is ever taken. When we visited that police station, there was only one lorry that was sitting on stones and the poor policemen who were there, even the houses in which they lived in were not secure. Therefore, they were forced to befriend the enemy so that they do not kill them when they come to attack. These are issues that have gone on for years and years, and I think we can never have development in this country when we have people being killed here and there. Even the oil that Sen. Munyes is talking about cannot be mined---

Order Sen. Musila. It is Statement time.

Mr. Speaker, Sir, I am seeking for further clarification from the Ministry whether they are satisfied that the security of the people of Turkana and indeed the security of other people including those in Lamu is being taken care of by the Government as it should 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.

Mr. Speaker, Sir, I also condole the families of those who were affected and raise a fundamental issue; that it is getting to the point where we grow to accept circumstances such as this one as normal. Circumstances where people can attack each other, kill each other and to all intents and purposes, it looks normal. That is a very serious and vicious issue. I would like the Chair to clarify who is going to take responsibility for this action. Who is going to resign from Government as a result of this action? Honestly, this culture where nobody takes responsibility for even a big thing like this is what is destroying us. In Brazil, the Minister for Sports resigned when their football team performed dismally. So, we must take these issues seriously and the Senate must demand a bit more serious action than just a sing song.

Now you have talked!

Well done!

Mr. Speaker, Sir, I would like to pass my condolences to those who have lost their loved ones. When these incidents usually happen, we normally have prior information, especially in the so-called marginalized and arid areas. These people come on foot and it takes them weeks to even prepare and even herdsmen see them and report to the village elders. Now it has come all the way to Nairobi where the Senator has even reported on the Floor of the House of this impending attack against his people. I support what Sen. Munyes is saying that the oil exploration should stop because the only interest the Government has in those areas are the resources whereas the people there have no use to the Government. It is said that when we go around killing each other, that is normal and that is why when it happens in Lamu, there is a lot of Government intervention but in our areas, people have been killing one another but the Government thinks it is normal. It is like we are used to killing ourselves. We are in a country which has a Government. So, what is the Government machinery doing? Why is it letting us butcher each other? Even the few Government officers who are said to be stationed in Turkana are actually guarding the oil exploration sites.

Mr. Speaker, Sir, these are very grave matters. For the last five months, we have had issues of poor defenseless Kenyans being massacred at large. We have heard of very serious incidents in Lamu, Wajir and Mandera. What is going on in Turkana is unacceptable in this country. Very soon, if our security forces are not able to take meaningful action, Kenyans are going to take arms and defend themselves. It will be too late even for us, leaders, because we shall be overtaken by events. I urge the Chairman of the Committee on National Security and Foreign Relations to look for the highest office that deals with security issues to give us immediate answers. We cannot sit on a situation as volatile as it is right now in Turkana when we know that the real motive is to take our defenseless people’s land. It is really sad to see the kind of degradation that women and children are undergoing and yet we claim to have security forces in this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, this is a very serious matter but I do not think that the resignation of one person called ole Lenku is going to stop the killings in Pokot and Turkana because the problem is much deeper than that. I think we need to address the whole issue. If you look at the way we have established the military bases in this country; we have a barrack in Kahawa, Lang’ata, Gilgil, Nanyuki and Eldoret. These were established by the colonialists because wherever the “White” men were, that is where the military barracks were established. Time has come for security to be devolved so that we have a military barrack established in Turkana. Time has come for us to establish military barracks in northern Kenya and north eastern Kenya so that we decolonize the security system of this country. Mr. Speaker, Sir, although we have left security to be a function of the national Government, I think it is time for us to share this responsibility with the county governments as well. It is time for us to provide some local armed security to protect the Turkana people and to protect the people in Marsabit in some arrangement in connection with the national Government. I think if we just leave it to float at the national Government level, it is not sufficient. I think we need more practical solutions than merely saying, sack so-and-so.

Mr. Speaker, Sir, I join my colleagues in sending condolences to the bereaved families. This is indeed a worrying situation. My worry in particular is how long we are going to sit here lamenting and feeling helpless. All we can do is send messages of condolences after the event. In this particular instance, the Senator for Turkana had information. He came here and expressed his fears and we all agreed that we could not wait one more day. In fact, from the Chair, you rightly directed that this matter be brought to the attention of all those responsible for security so that the situation could be pre-empted. It is worrying. How long are we going to sit here and lament? I want to know from the Chair and perhaps those responsible for security. In fact, many a time, I feel very sorry for the Chair because I know the amount of efforts he is making to get some of this information. Is the Chair satisfied that this is now the direction we are going to be taking where the lives of Kenyans are lost on senseless causes? For how long are we going to continue to accept that?

Mr. Speaker, Sir, may I laud the distinguished Senators for showing their concern and love for the people of Turkana and their plight. Mr. Speaker, Sir, our hearts bleed for Turkana County. When Turkana County is not under attack from Ethiopia by the Meriles, it is under attack by the Toposas from South Sudan. When it is not Toposas from South Sudan, it is under attack by the Karamojong from Uganda. When it is not under attack from Karamojong, there is an 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.

Asante, Bw. Spika. Ningependa pia kutoa rambirambi zangu kwa watu wa Turkana na hasa Wakenya wote ambao wameathiriwa na ukosefu wa usalama. Bw. Spika, ni jambo la kusikitisha sana kwa sababu hii sio mara ya kwanza tunaongea kuhusu mambo ya usalama katika Bunge hili la Seneti. Hasa hata tumefanya mkutano ama kikao kisicho rasmi ili kuwasikiza wale wanaohusika na mambo ya usalama. Kila mara kukiwa na mambo kama haya Turkana, Lamu au sehemu yoyote, 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.

Seneta, maliza sasa kwa sababu umechukua muda mrefu sana.

Asante, Bw. Spika. Namuunga mkono Sen. Wetangula kwamba ni lazima tuwe na kikao kama Seneti na tuwaite wale ambao wanasimamia mambo ya usalama, ili tuweze kujua ni nini haswa tutakachofanya kuhakikisha kwamba hatutawapoteza watu wengine kwa sababu ya uhalifu. Asante, Bw. Spika.

Bw. Mwenyekiti, ni wakati wa kujibu.

Mr. Speaker, Sir, I do not have an explanation that can really satisfy this House as well as Kenyans regarding the prevailing insecurity in the country. To expect the Chairman to crack the whip is like expecting him to revive a dead person. I am saying this because I do not have the ability to do that. Mr. Speaker, Sir, secondly, the issue of insecurity is being felt at the heart of the Government. Last night after coming from the mosque at 9.00 p.m., I watched the President addressing the County Commissioners. He was telling them: “If I cannot sleep at night, I will not let you sleep also.” So, if the Head of State can say that, who is Sen. Haji, as the Chairman of a Committee of the Senate to do anything other than trying to get the answers from the horse’s mouth? Mr. Speaker, Sir, my heart is very heavy; that in spite of this matter being brought to the attention of the Government yesterday, no action was taken. That is why I did something which is not normal. When this matter came to my attention, I walked on foot from here to Harambee House. Since the Principal Secretary was not available, I went to see the other people in charge. Mr. Speaker, Sir, on the issue of Turkana, I want to appeal to my brother that two wrongs do not make a right. It is not right to go and stop the exploration of oil, because 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 it is important that you explore the suggestion made on the Floor; that you summon all the persons in charge of security - and we can work together – and invite all the Senators, so that they can express themselves. In the meantime, I think that it is time that the Senate pronounces itself and also makes certain personal choices on the people responsible. We cannot say that this problem is serious and then we are defending the officers responsible. Somebody must take responsibility; there are no two ways about this. The job is not being done. We are assured everytime that it is being done. Even when they are present on the same ground-- - You know what happened in Lamu. We should also speak with one voice and agree that somebody has failed to perform. Whether by sins of omission or commission, they must take responsibility. So, let us work on that.

Mr. Speaker, Sir, we will summon the security officials on Wednesday. I think that a full Statement should be given latest on Thursday.

We have spent a bit of time on this. Let us stop there. Let us take the next Statement by the Chair of the Committee on Education. GOVERNMENT POLICY ON DEVELOPMENT AND USE OF INDIGENOUS LANGUAGES

Mr. Speaker, Sir, I have a Statement to make as requested by the Senator for---

Order, Chairman! First, make sure that the Senator has a copy of the Statement. Secondly, the response should not be more than five minutes but find a way of addressing all the issues that were requested. I can see that you have a lengthy statement.

Mr. Speaker, Sir, I beg to make the following Statement as regards the national language policy. Of course, there is a policy that vernacular or mother tongue should be used in all schools in Kenya as a medium of instruction, especially from Class One to Class Three. This policy started as early as 1954 with the Ominde Commission and the Gachathi Report of 1976. It has also been developed by the Kenya Institute of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, first, I want to correct the impression erroneously created by the Chairman that I am comfortable. That answer, to say the least, is insufficient. I do not want to add adjectives which may be offensive. I think it is Sen. (Prof.) Anyang’-Nyong’o who said that the colonialists took many of our resources. One of the resources they took is our indigenous language. Our process of decolonization will not be complete until Kenyans can express themselves in their mother tongue and perpetuate their cultures in that language. This is what we are trying to preserve through the Constitution. You have heard the Chairman quote some policy documents of 1954 and 1976. I did not ask about what happened before the new Constitution, I asked him what the Government is doing to implement the policy stated in Article 7 of the Constitution to promote indigenous languages. He has not answered that. We know old policy documents are there---

Order, Senator.

I want to ask, what action the Government is taking to develop indigenous languages? I come from a county---

Order, Senator. Proceed along the line of “what action.” All of us know you represent one county here.

I am saying that in my county there is nothing happening in conducting any teaching in ECDs or primary schools up to Standard Three in Kimeru Language. What action has the current Government taken to implement the Constitution by introducing Kimeru Language up to Standard Three in primary schools in Meru? I also asked how much money the Government has put in the current Budget for the purposes of implementing this policy. I have not heard him say anything about that. So, could he answer those two first?

I thought that the second one is where he said you are very comfortable with the answer.

Mr. Speaker, Sir, this is a very important question and Sen. Murungi has correctly quoted Article 7 of the Constitution which is very clear in its terms, that the State shall promote and protect the diversity of languages of the people of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I stand for a united country; I stand for a country that communicates with clear understanding. The issue of tribalism we are talking about in this country---

Order, Senator.

I am building my clarification.

You are not responding to the Statement, are you? Seek clarification.

I am heading there.

Can you reach there faster?

Let me reach there faster. By being taught in mother tongue---

What is it, Sen. Murungi? If it is by mistake, it is okay.

I just have one final clarification.

The clarification I am seeking from the Chairman, which will be forwarded to the authorities that will deal with this issue is; what is being done by the Ministry to make sure that at least two languages spoken in this country; that is, Kiswahili and English, are taught in schools rather than teaching Kikamba here, Kikuyu there, Turkana there and so on? As we attend these gatherings, we have witnessed this.

Order. You have made your point, Senator.

Mr. Speaker, Sir, can I just---

Order! Can we now have “the last small point” by Sen. Murungi?

Mr. Speaker, Sir, there is a very important development which has taken place in the country. We now have indigenous radio stations for almost all the communities in Kenya. Could the Ministry consider introducing programmes through The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I am surprised that I am getting mixed reactions from the House. What I can tell you is that the Statement says that in Meru, the curriculum developers, whom I had the pleasure to meet this morning, have come up with various titles of books. They have come up with a book titled “Mbugua Na Ntai” and

These are books which have been developed by curriculum developers from the Meru Community. That tells you that there is a lot being done. They told me that it is not easy to teach in the lingua franca of the region. There is a language that can be used as a medium of instruction. For example, in Kisii, they can use that as a medium of instruction but not as language. To have that language taught in all the 17 public colleges, we will need to train teachers and this is not easy. When you get those teachers posted, they must be posted to areas where they come from so that they can continue teaching, which is also not possible in the country. Mr. Speaker, Sir, budgetary allocation has also become very difficult because they require more than Kshs2 billion to have this scheme and the money is not forthcoming. The little they have, they are using it to develop vernacular books not as a medium of instruction but for reference. Otherwise, it is a very difficult exercise but it can still be implemented at the cost of another department. The Ministry is trying to abide by the Constitution but times are hard. SLOW ONGOING CONSTRUCTION OF THE KISUMU-KAKAMEGA ROAD

On a point of order, Mr. Speaker, Sir. I see on the Order Paper today, it is listed that I would be requesting for a Statement from the Chairperson, Standing Committee on Roads and Transport. I made this request two weeks ago and the Chair who was in the House promised that the answer would be coming today. I think it should be correct that what we are expecting today is the Statement from the Chair and not a request from me.

Where is the Chair of that Committee? Sen. Obure.

Mr. Speaker, Sir, on behalf of the Chairman of the Committee, I wish to report that on 15th July, 2014, the Committee held a long session with the Principal Secretary, the Director-Generals of the roads Authorities and other senior officers from the Ministry of Roads---

Chairman, again like I assigned the Chairman for Education, I am giving you five minutes.

Mr. Speaker, Sir, the objective of that meeting was to discuss the various issues raised by hon. Senators in this House last week regarding the progress and the status of various infrastructure projects around the country. In particular, we The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

It is so directed. Next Statement; Sen. Mutula Kilonzo Jnr.

Mr. Speaker, Sir, the Statement has already been requested.

Sen. Orengo. He is not here. That is the end of Statement time. Next Order!

Who was on the Floor? What is it Sen. Hassan?

On a point of order, Mr. Speaker, Sir. I just wanted to seek clarification from the Chair because this is probably the most ideal time to ask; we approved a Bill on the County Development Boards and it was to be submitted within a week. I heard some anxiety from our colleagues in the National Assembly saying that we have not transmitted the Bill within the stipulated time. I want to confirm from the Chair whether that was met as per the provisions of the Constitution and whether ---

Order, Senator! You cannot use the Floor to be the conveyor of half-truths and completely out of the blues. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I wish to proceed.

Proceed then.

Mr. Deputy Speaker, Sir, on the issue of public procurement, I support this Bill. I still say that the 30 per cent that is supposed to go to women, youth and persons living with disabilities should not be lumped together. Why? In most cases, all the percentage is taken up by women and youth and very little is left for the persons with disabilities. Therefore, we must have a certain percentage specifically meant for people living with disabilities, so that their interests can be taken care of and what belongs to them goes to them. Many a times we are lumped together and the portion for those persons living with disabilities is not visible. When we are not visible, we cannot gain or partake of whatever is given out to the three groups.

Mr. Deputy Speaker, Sir, I also support the Bill by saying that we need to have in place some structures and specific programmes to benefit persons with disabilities. When it comes to procurement, they should be given requirements which are regulated in a manner that are friendly to them. This is especially on the issue of the money required to register companies, which should be waived to allow many groups of persons with disabilities to register companies that will enable them to participate in the procurement process. Mr. Deputy Speaker, Sir, when we empower people living with disabilities through procurement and enabling them to participate, we will build them economically. This will help reduce the dependency syndrome that most people living with disabilities have where they depend on other people to give them handouts for their upkeep. There is an outcry about procurement throughout the country. I, as a Senator representing people living with disabilities, without a budgetary allocation, I am facing a rough time. Many groups of people living with disabilities from the 47 counties are writing to me, asking me to facilitate their registration. So, without a budgetary allocation to Senators to support such initiatives, the people we are representing, especially me, I am having a rough time. They think I have budgetary allocation to support their initiatives. I am not supporting their initiatives because I do not have a budget allocation for that purpose. If they waive the registration fees, then it will reduce the burden that these people are shouldering by a big margin. Mr. Deputy Speaker, Sir, I have an example of Nairobi City County where a youth with disability managed to register a company. However, because of the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this very commendable Bill, knowing that the problem of unemployment, especially to the youth in this country cannot even be exhausted yet. The numbers we are talking about are very scary; they are in their millions and we know that even statistics and demographics show clearly that we are actually a youthful country with more than 60 per cent of our population aged less than 35 years. Mr. Deputy Speaker, Sir, I have several issues that I want to note in this Bill. First, as a young person myself, I know the hurdles that the young people go through trying to access these procurement opportunities. The history of this amendment started with the former Government when it reserved 10 per cent of tenders to the youth, women and persons living with disabilities. I want to commend the Government by taking very active measures in dealing with this issue. Now putting it in law, it will definitely make it more accessible and easier for these vulnerable groups to access Government tenders. Mr. Deputy Speaker, Sir, there are several changes that have actually taken place over the last few months in the Government through the Ministry of Devolution, where young people, women and persons living with disabilities are dealt with. We know that the 30 per cent was actually reserved for three groups of people. At the Committee Stage, I will be looking forward to a situation where we can make these amendments to include these three groups in the very specific amendment. Secondly, Mr. Deputy Speaker, Sir, the problems that people are facing in this country when they try to access these opportunities are many. However, I will touch on just a few of them. First of all, the scope that is being reserved by Ministries and Government institutions to this group are basically a very lean scope of work. It is restricted to providing stationery, airtime and mineral water. If you go to construction, it is restricted to bush clearing. I hope that with time, we can expand this scope to get the mainstream and the meaningful jobs. Mr. Deputy Speaker, Sir, another issue that this group is facing is the issue of prequalification. We know that in the decree where this was pronounced, it was noted that when you have that certificate of Access to Government Procurement Opportunities (AGPO) from the Treasury, you should be exempt from prequalification. However, not so many people know about that allowance. I was personally trying it in some counties, but I was turned away. I had taken a few people with me and I told them that they should know that with that certificate, they should be exempt from prequalification. I am hoping that this information can also be included in the amendments that we will come up with. I will be moving that amendment at the Committee Stage, so that it is put in law that they be exempted from the prequalification process. This is the only way they can access those opportunities. Mr. Deputy Speaker, Sir, the other issue is that of bid bonds. When we give this 30 per cent and we still put bid bonds at a very high level where these Kenyan youth, women and persons with disabilities cannot afford, we still leave them at the mercies of the financiers. I am hoping that we can interrogate this law to see whether we can explore 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, thank you for this opportunity. I rise to support the proposed amendment to the Public Procurement and Disposal Act, in particular, to provide a formula where disadvantaged groups such as the youth, women and the disabled persons are given an opportunity to participate in procurement. Mr. Deputy Speaker, Sir, while I support the amendment itself, I have serious concerns. The concerns are as follows. In my own county, women form more than 50 per cent of the population. The youth also form more than 50 per cent of the total population. When we say that we should give advantage and preference to 30 per cent women, youth and the disabled persons, the question we must address is; does this mean that the rest which is 70 per cent should go to men? I think we need to bring some amendments. Which women are being considered? As I said, in my own county, women are more than men. Mr. Deputy Speaker, Sir, therefore, for this to make sense, I am proposing that we come up with criteria that is not opaque, ambiguous and which seeks to have clarity. More importantly, we all know what happens when you allow procurement entities or persons in this country to do procurement. They will do what Goldenberg scam architects did. They incorporated many companies where the directors were cooks and houseboys, among other people. There is nothing in this proposed amendments that would ensure that the sanctions that are provided for under Article 227 - where serious sanctions are contemplated by the law – are incorporated so that we can then check to see if the 30 per cent women, the youth, the disabled are clearly disadvantaged groups for purposes of this law. Mr. Deputy Speaker, Sir, while I support the Motion, I propose that we make some changes to it. It is quite clear that, once the procurement entity which includes the county do not comply, serious financial sanctions, which include surcharge of the person who is in charge of that tender committee or the tendering process, so that we ensure compliance---. I want to agree with Sen. Wangari that, in fact, one of the methods of ensuring compliance is what they have done in other countries in Europe. Mr. Deputy Speaker, Sir, my Committee on Information and Technology is considering drafting a Bill that is now currently operational in a county called Hamburg 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. Deputy Speaker, Sir, for allowing me to contribute to this Bill. Many a times, you will hear of tenders being floated in newspapers. We read about them in the media. The kind of description they display is ignorant of leaders. They do not capture any age bracket. These are left to none other the same people who are practicing and experienced in tendering and procurement. Mr. Deputy Speaker, Sir, you will note that even here in Nairobi, there are people who have formed themselves into companies. They move from one office to another looking for tenders. They know who to get and where to get them. To the dismay of the majority, some people do not get to know how a certain company or group secured a tender because information may go out too late or it may never come. They end up seeing goods being supplied. That is why we have this amendment. We must support it because it is important to a country like ours which is growing at the rate we know. The procurement process is also very cumbersome, particularly to people who are not used to it. The process is also very sweet and smooth to those who know how to oil hands and approach those concerned. That is what they are used to. So, at the end of the day, you find that the tenders have been awarded to the wrong company. The conditions are sometimes too stiff for newcomers. This is a process that does not attract any 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. Deputy Speaker, Sir. I want to raise my concerns on this Amendment Bill in terms of its form and the way it has been structured. I do not think it will help the groups that it intends to help. Among these group are the youth, the women and the people with disabilities, but there is no structured form which gives directions on how those groups will benefit. This is the one thing that needs serious consideration is this. We have tycoons in this country who will go out to take advantage of the allocation that has been given, more so, to the youth. When a company is formed by a group of youth and is registered, one thing that raises questions is whether the same group of youth truly have the capital to participate in the tendering that is advertised. That is a very serious issue. Who are the youth? This Amendment Bill describes the youth as people who are between 18 years and not more than 35 years. Where will a young person who has just left secondary school or university at the age of 25 get the capital to compete for a tender 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. Deputy Speaker, Sir, for giving me this opportunity to support this amendment Bill. I support it because it targets the three key groups, who are the majority in our society. Mr. Deputy Speaker, Sir, this is a very good initiative. For anything to be done, it must start from somewhere. If the Government is setting aside 30 per cent of the tenders for the youths, women and people with disabilities, it is a very good initiative. I believe that with time it will be improved. Mr. Deputy Speaker, Sir, I have only two concerns about this Bill. One concern is about sensitization. People should be sensitized and I believe that this is one of our obligations as leaders. We need to sensitize people on what the Government is doing about them. If 30 per cent is set aside for the youth, for example, they need to be sensitized on the process of registration and handling of tenders. It is another process to even win and fund a tender. I would recommend that once a youth group or women group gets a tender and is given a Local Purchase Order (LPO) these youth or women should be linked to the Kenyan financial institutions like the Kenya Commercial Bank (KCB) or 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. Deputy Spekaer, Sir. I also rise to support the amendment Bill. Mr. Deputy Speaker, Sir, I took my time to read the main Act, which I also supported. I took note of a few gaps that were not really connecting. This amendment Bill has addressed some of the very pertinent issues that I was raising in my head, even as I supported the main Act. Though not exhaustively addressed, it is a very good starting point for the three categories of people in our society who really need to be supported. Mr. Deputy Speaker, Sir, we all know that women, youth and people living with disability have been disadvantaged for a long time. For the Government to have, at least, a policy framework through which to engage with them and facilitate them, even if it is not watertight, we are starting from somewhere. Therefore, it is worth supporting. Mr. Deputy Speaker, Sir, my own input would be that even as we support this, we should encourage closing the information gaps that are still existing, especially at the local level, by way of encouraging a lot of civic education. Maybe we could take it down to the constituency level or even the ward level, so that the target groups are adequately informed on exactly who is targeted, the process that they need to follow and the requirements that are needed. It is only when and if we have conducted intensive and extensive civic education that we can gladly relax and hope that the target groups will benefit from this. Mr. Deputy Speaker, Sir, I also support that we should have a structured format of strengthening the capacity of these target groups, so that even at the point of them winning these tenders, they have the minimum capacity. I am thinking of the local women who---

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. Khalwale and Sen. Muthama! I am sure that you are distracting Sen. Ongoro while she is contributing. If you want to consult, please, find a corner and do so quietly.

Thank you, Mr. Deputy Speaker, Sir, for saving me. As I was stating, we need to strengthen the capacity of these target groups, so that they can draw maximum benefits from this very good initiative. Once they get a contract, we would then see them up-scaling towards applying for bigger tenders or something like that, when their capacity is strengthened. Mr. Deputy Speaker, Sir, fourthly, I think that we need to create incentives for those target groups which will fully exhaust and make use of this opportunity, by listing per ward, constituency and county the groups that have fully taken advantage, which tenders they bid for, what they have done with their income and so on, as an incentive. By giving them incentives, I am even thinking that we could possibly tie this initiative to Uwezo Fund, YEDF and the WEDF, so that, that minimum requirement of some deposit, bid bond or whatever little amount they need for chasing the contract documents, as was stated by the Minority Chief Whip, could be sorted out. This is because this is also yet another fund that has been created by the Government. Mr. Deputy Speaker, Sir, I am specifically very impressed with the amendment to Section 39 of the main Act, which is presented under Clause 5(b)(10) and (11). This is going to address what was really disturbing my mind when I read the main Act. This is not meant for just any other women or youth. In my mind, I am creating a scenario where if a few of us Senators, for example, came together and decided to be competing for certain contracts with women who are completely vulnerable in the rural areas, we already have an advantage. This amendment here addresses this fear. If you allow me to read it states under (11):- “The procuring entities at the national and county level shall make a quarterly report to the authority.” That means that quarterly we will be having access to the information on the calibre and category of women who have accessed this facility. We will be able to know of the youth whether it is my daughter or son or your son or daughter or which kind of youth we are talking about. We will know whether we are talking about the real vulnerable ones. So, this addresses my fear and I am really impressed. This will ensure that even though women qualify, there are some who qualify more than the others. Those are the ones who are really disadvantaged, as opposed to those who already have something in their hands. Mr. Deputy Speaker, Sir, with those remarks, having studied the amendment which strengthens the main Act and addresses most of the issues that were raised when we discussed the main Act, I fully support this Bill.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Bill. Mr. Deputy Speaker, Sir, the Committee on Finance, Commerce and Budget, which I chair, did submit its report that extensively examined this Bill. I think that copies 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, thank you for giving me this chance to also add my voice to this amendment Bill. Steps have been set to ensure that young people of this country get involved in the development of this nation. This 30 per cent procurement is one step set aside to give an opportunity for this special group to participate in business. At the same time, we need to understand that youths have different issues from women and people living with disability. If you listened to contributions from Senators, all of them are talking about the youth. That means people out there understand that this 30 per cent is meant for the youth alone. The same applies to that Kshs6 billion campaign promise made by Jubilee Government. The young people of this country believe that the Kshs6 billion was meant for them alone. As you might realize the youth consist of both female and male. At the same time, we have youth who are married, both men and women. That means we constitute a bigger percentage and that is why this 30 per cent was just meant for the youth, then the women and people living with disabilities can get their own allocation.

How do you draw the line because there are women who are disabled, there are those who are young and so on.

Yes, Mr. Deputy Speaker, Sir. I know that and that is why I said that this is just a starting point. I know that, in future, the allocation is supposed to be increased. That is why the Government needs to take action to ensure that it is implemented. Mr. Deputy Speaker, Sir, Article 55 of the Constitution gives the right to the young people of this country to access employment. Now that employment has been a challenge to us, I know with this facilitation of 30 per cent young people will do business through tenders thus improving their livelihoods. It is important that we use our learning institutions like the polytechnics, technical institutions and so on. These institutions can be used to provide basic entrepreneurial skills for this group to enable them utilize those funds effectively. Many a times, Kenya is good in making policies which are then kept in the drawers or shelves somewhere, but never implemented. I also urge that these Public Procurement and Disposal Act should be implemented to assist our young people. Mr. Deputy Speaker, Sir, this special group has some challenges, especially in accessing funds. We talk of Uwezo Fund or YEDF, but unfortunately, accessing this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to contribute in supporting this Bill. I support the amendment. This is the best amendment which is meant to raise the living standards of the three marginalized groups. Mr. Deputy Speaker, Sir, this is a noble initiative. The only hope to persons living with disabilities, who have been marginalized for years, without benefitting at all through such programmes. However, they will end up becoming beneficiaries of our procurement programmes. You will remember that this is a group which needs to be sensitized as there is an issue of inexperience, accessibility, stereotypes and apathy. I would like to urge the institutions which are involved to create awareness and enforce the whole process to make sure that tendering and registration are well connected for persons with disabilities. Mr. Deputy Speaker, Sir, all said and done, I think the youth and women of this Republic must also be left to enjoy their share. But, again, there will come a time when there will be a control mechanism, because 30 per cent has a limit. We might end up just empowering people who are already empowered, leaving behind people who really need to get this kind of assistance by benefitting from the programme. There is a situation where you get even individuals and groups who are not able to raise the funds in terms of supplying according to the LPO, which they actually get from the institutions they are The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for giving me this chance to contribute to this important Bill. From the outset, I want to support this Bill. As we are aware, the youth of this country form more than 60 per cent of our population and the women of this country form more than half of our population. As you know, this is not a privilege that we are being given; it is our constitutional right as quoted in Article 55 of the Constitution. Mr. Deputy Speaker, Sir, the passage of this amendment will not be beneficial to these three groups of people if we fail to address the challenges that they face in getting all these benefits, as it was already highlighted by my colleagues who spoke before me. One of these challenges is the issue of bid bond, which is very serious. Sometimes when youth want to get some contracts, they need to pay a certain amount of money, which might be expensive for them; it is high time that we addressed this issue. The other challenge is the issue of prequalification and corruption that we are experiencing in this country. Mr. Deputy Speaker, Sir, because 30 per cent is reserved for these three categories of people, the disparities amongst them must be addressed. For example, all women are not the same because some of them are in leadership positions. Some of them are weaker than the others. So, the disparities amongst these groups must be distinct and clear in this Bill. It is my recommendation that in future, the 30 per cent be increased to either 40 per cent or 50 per cent, because these three groups make up more than 50 per cent of our population. Mr. Deputy Speaker, Sir, thank you very much.

Thank you, Sen. Halima. Senate Majority Leader, you may now reply because I do not have any more indications of interest.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I thank you for this opportunity to reply to this Bill of the Second Reading of the Public Procurement and Disposal (Amendment) Bill of 2013. Let me take this opportunity, from the outset, to thank all the Senators who have contributed during the debate of this Second Reading of this Bill. 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. That brings us to the end of this Bill. Should we now go into voting?

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I rise under Standing Order No.54(3) to request the Chair to defer the Division on this matter to the following day in accordance with the Standing Order. Given the numbers we have here and the critical nature of this Bill, I request that you defer the putting of the question of on this matter to an appropriate time.

You should thank Sen. Obure for prompting you. There is no provision for an appropriate time. This one talks about the following day. Tomorrow is a Friday and not a sitting day. I propose that since the trend is more inclined towards voting on Wednesdays, that we have this Division on Wednesday, 23rd July, 2014 at 2.30 p.m. Is that okay? It is so ordered.

Where is Sen. Murkomen? Is he not here? This is his Bill. So, shall we go to the next order?

THE GOVERNMENT PROCEEDINGS (AMENDMENT) BILL, SENATE BILL NO. 9 OF 2014 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 Sen. Mutula Kilonzo Jnr.? Is he not here? Let us move on to the next order.

This is a Bill by Sen. (Prof.) Kindiki, Sen. Elachi, Sen. Murkomen and Sen. Sang. Senate Majority Leader, are you ready to move the Bill?

(Sen. (Prof.) Kindiki): Yes, Mr. Deputy Speaker, I am ready, thank you. I beg to move that the Public Finance Management (Amendment) Bill be read a Second Time. This, as the title suggests, is a Bill to amend the Public Finance Management (PFMA) Act of 2012 which is one of the most important and life changing statutes ever enacted in our financial sector since Independence. The PFMA Act, 2012, contains elaborate provisions on how public resources in our country are to be managed at the level of the national Government and at the level of the county governments. The PFMA Act provides for controls and management procedures to ensure that public resources are used for the improvement of the living standards of the people of Kenya, something that we have not had for long time. This creates the office of the Controller of Budget and provides a process through which public entities receive, utilise and account for public finances.

Madam Temporary Speaker, in the one year or so that our country has had an experience with the county governments, one of the things that has come to the fore, especially looking at the reports that are coming from the independent offices established by the PFMA notably, the Office of the Controller of Budget, the Reports of the Auditor- General, one of the things that have become very clear is that unless the legislature in this country and especially the Senate works very hard, in terms of creating necessary legal framework, county governments will fall into the trap that has befallen the national Government through its 50 years of its existence. Why do I say 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.

Let them go!

(Sen. (Prof.) Kindiki): I should be seeing Governors going to court to say that assemblies or some other functionaries have misused money that was meant to bring services to the people---

On a point of order, Madam Temporary Speaker.

Yes, Sen. Sang, what is your intervention?

Madam Temporary Speaker, I did not want to interrupt the Senate Majority Leader when he is moving this very important Motion that I am ready to second. But is he in order to mislead this House that the law on flying of flags by Governors was passed by the National Assembly, yet it was taken to the President for assent before it came to this House and, therefore, it is an unconstitutional law? Is he in order to suggest that Governors should follow an unconstitutional law? What would be the fate if we passed this Bill in the proper way and Governors ignored this law? Is he in order? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I appreciate the point of order by the Senator for Nandi, Sen. Sang. But when a Bill is signed by the President, it becomes law. The only way that law can be challenged is through a court process; so, I am speaking from that perspective. But for the avoidance of doubt, it is on record that I have been a firm defender of the integrity and dignity of this Senate, but within the law. So, I am conscious, for example, that the Bill in question perhaps should not have been passed into law, if you asked me. But, technically, it is law until when a court of law says the opposite.

Which Bill are you making reference to?

(Sen. (Prof.) Kindiki): Actually, it is the National Flags, Emblems and Names Act.

But you---

(Sen. (Prof.) Kindiki): So, Madam Temporary Speaker, they should comply with it because it is law, unless it is invalidated.

You contributed to that Bill; did you support it?

(Sen. (Prof.) Kindiki): Sorry?

You contributed to this Bill, did you support it?

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I supported it vehemently.

Then you are contradicting yourself---

(Sen. (Prof.) Kindiki): I am not contradicting myself, Madam Temporary Speaker, because what I am saying is this. Somehow, there is a Bill with a similar name which had been signed, assented to and it is operational. So, unless there is a court process that nullifies that Act, you cannot pretend it is not law. I do not think this Senate operates outside the law; otherwise we would have taken the same---

Order, Senator! That Bill was first introduced in the Senate by Sen. (Dr.) Khalwale and then overtaken by proceedings in the Lower Chamber. So, it is true that we should have issue with the manner in which it proceeded.

On a point of information, Madam Temporary Speaker.

What is your point of information, Sen. Murkomen? Do you wish to be informed, Senator?

(Sen. (Prof.) Kindiki): Yes, Madam Temporary Speaker.

Proceed.

Madam Temporary Speaker, the point that the Senate Majority Leader and the Senator for Tharaka Nithi is saying is very important because this House and the Members of this House, including myself, have always argued that there are laws 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.

Proceed, Senate Majority Leader.

(Sen. (Prof.) Kindiki): Thank you, Madam Temporary Speaker. I think we are getting somewhere on this issue of Bills, but we can do better. Recently, we were able to mediate and get the “Sang” Bill out of that long list of Bills that had problems and now it is in the process of being assented to.

On a point of order, Madam Temporary Speaker. Did you see what Sen. Sang did? He followed the corridor and crossed from here to the other side. This is the Senate, Madam Temporary Speaker.

That is completely out of order. You are completely out of order. Could you retract your steps and be orderly? Senator, proceed.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I was saying that we are doing well although not so well especially in the County Government (Amendment) Bill which was sponsored by Sen. Sang. We retrieved it from the cupboards and it is now in the process of being assented to. We hope that it will be assented to. We have advised that it be assented to. With regard to the Division of Revenue Bill - I am briefed by Senators who have been representing us in the Mediation Team - that we are getting it finalised in the way that respects the authority and legislative space of this Senate. However, with regard to other Bills that do not fall under the emerging development, the only way is through a court process. There is no other way of dealing with this including the contentious Bill on The National Flags Emblems and Names Act. Let me wind up my submission by saying that for a long time, we have “scape- goated” and given excuses on why certain things cannot be done. I am willing to bet my life and my political future on making sure that we say “no” to the appetite for public funds. One way of doing this is to say that county governments should not give us 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. This is a very rare afternoon when I think the two sides of the House will close ranks and see the wisdom of this Bill. I rise to second this Bill and start by remembering what preceded devolution. In the earlier parliaments where I was, we came up in 2003 with a model of CDF. As a Member of Parliament once said in this House, it was like John the Baptist and Jesus Christ. After John the Baptist had succeeded, when Jesus Christ came, John the Baptist paved way to Jesus Christ. It is appalling that CDF which has been very successful in this country, a mere 5 per cent of the CDF is spent on administering that successful Fund. It is, therefore, completely unacceptable that we should spend the kind of money we are spending as Recurrent Expenditure simply because we want development from devolved funds to be realized. There was a report from the Controller of Budget which indicated that over 70 per cent of the counties in this country have not realized or have not spent a single cent on development. I, therefore, vehemently support this Bill so that we squeeze The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of information, Madam Temporary Speaker.

Sen. (Dr.) Khalwale, do you want to be informed?

Sure enough. He is my younger brother.

Madam Temporary Speaker, I want to inform Sen. (Dr.) Khalwale that in the Bill, it is actually 60 per cent that is going to development and not even 40 per cent.

Madam Temporary Speaker, that was a slip of the tongue. Thank you for the correction. Indeed I am convinced that as soon as this law is effective, you will even see downsizing in the number of employees in the county governments. You cannot believe it; I know of a Governor whose name I do not wish to reveal on the Floor of this House because I will be reducing the seriousness of the debate this afternoon, who has four grade cows and the boy who looks after these cows is paid a salary from the county government and yet he takes care of his cows in his home.

Shame!

I know of a Governor whose workers in the rural village are paid a salary from the taxpayers. Even the boys who take care of my two bulls, I do not pass over that bill to the taxpayers. I have a salary and pay them myself. I also pay the house girls who take care of my children. We must be very forceful. The success of this Senate will neither be measured by the nice English that we shall speak in public fora when we are in the company of Governors nor on the Floor of this House. It will be measured by how jealously we shall guard devolution, so that when the Senator for Elgeyo-Marakwet, who is a young dashing politician, will after five years have reason to tell people: “I fought so hard to bring money to Elgeyo-Marakwet and we built this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senators! This is a very serious debate on the Floor of the House. Please, treat it with the seriousness that it deserves. What is it, Sen. Murkomen, and stick to the point of order because we are running out of time?

On a point of order, Madam Temporary Speaker. Is it in order for Sen. Khalwale to disparage a means of transport, which is available in our country? Some use donkeys while others use boda bodas, motor bikes, matatus and so on. There was even a time that when you had a mobile phone you were extremely luxurious. I think that choppers are just a means of transport that expedite your attendance of meetings, like I saw Sen. Khalwale using one the other day. I know that it was borrowed, but it is otherwise a means of transport.

What is out of order?

Is he in order to disparage a means of transport?

Madam Temporary Speaker, I would like the young Senator, who has been using helicopters, to forgive me, but allow me to inform him that over 2,000 years ago, none other than Jesus Christ of Nazareth used a donkey and he is more remembered than all the moguls of the United States put together with those ones of Britain, who have used means beyond even the helicopter that we are talking about. But anyway, that was with a light touch. Madam Temporary Speaker, as the country watches us fight this particular issue of putting a ceiling, it should ask itself: “What is the money under Recurrent Expenditure spent on?” You will find Governors just living a life of opulence and privilege. Some of them have unashamedly even bought for themselves residences at the Coast worth over Kshs150 million. When I read the history of some of these Governors who are doing this, I am informed that these are children who enjoyed support because they came from challenged backgrounds and their school fees was being paid for by well-wishers. How people change because of politics! No wonder they say that power corrupts and absolute power corrupts absolutely. 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. (Dr.) Khalwale. I would just give you the benefit of five seconds to say whether you support or not. You were only remaining with one minute anyway, which is now 30 seconds to support. 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 am seeing the Speaker on her feet and that is why I am afraid to talk. With those many words, I strongly second this very important amendment Bill.

Hon. Senators, this is a Bill and as you are aware, Bills and Committee reports are not timed. They have unlimited contribution time, so all Senators wishing to contribute will have enough time to do so.

Hon. Senators, we have come to the end of today’s sitting. Therefore, the House stands adjourned until Tuesday, 22nd July, 2014 at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.