Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the House. The Report of the Standing Committee on Agriculture, Livestock and Fisheries on the Status of Food Security in Baringo County.

Mr. Deputy Speaker, Sir, pursuant to Standing Order No.214(2), I beg to lay the following Paper on the Table of the House, today, Thursday, 24th July, 2014. Legal Notice No.76, the Universities Regulations, 2014.

Do we have any more Papers to lay on the Table? The Senate Majority Leader is supposed to lay a Paper on the business of the Senate for the coming week.

That is under the Order Statements.

Okay, that is under 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.

Sorry, Mr. Deputy Speaker, Sir, I have a statement.

We have not moved to that Order. You were ahead of your time. Have we read out the next Order?

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Standing Committee on Agriculture, Livestock and Fisheries on the Status of Food Security In Baringo County, laid on the Table of the House on Thursday, 24th July, 2014.

Hon. Senators, we are now on the Order, Statements. Sen. Murkomen. RECRUITMENT OF STAFF IN COUNTIES

Mr. Deputy Speaker, Sir, I have a response to a Statement requested by Sen. (Prof.) Lonyangapuo on the issues related to employment at the county government level. With your permission, I would like to go ahead and answer what was sought.

Proceed.

Mr. Deputy Speaker, Sir, I want to confirm that, we, as a Committee, deliberated on the questions, invited responsible institutions and shared the answer with Sen. (Prof.) Lonyangapuo before time for any further clarification. The questions were as follows:- One, explain why some County Executive Committee (CEC) members recruited staff in total disregard of the County Public Service Boards (CPSBs), contrary to Section 59 of the County Governments Act; 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.

Do you table an answer or you just read it and then we have the reactions to it? Sen. (Prof.) Lonyangapuo, do you have anything to react to this?

Mr. Deputy Speaker, Sir, I want to take this opportunity to thank the Chairman and the relevant Government department for giving this very detailed answer to the question I raised. However, in the item where he talked about interim county officers, I want the Chairman to clarify the procedure that is followed for non-interim staff to quickly transform themselves into permanent members of the county or county assembly. That is not very clear here. In a number of counties, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof.) Lonyangapuo, it is not my intention to interrupt you, but you must realize that you are seeking clarification and you cannot debate. You should seek a clarification on an issue that was not clear from the Statement issued by Sen. Murkomen. This time is not for debate.

Thank you, Mr. Deputy Speaker, Sir. Is the Chairperson saying that there were no women who showed interest whatsoever in these positions? Lastly, I think he put it correctly that TA and the Senate should look at how to make the Act more accommodative.

I do not know if the requests I have here are for that Statement or other things. I am sure certain Senators are putting requests because they are either seeking Statements or they are expecting to be given one. If you want to react to the Statement that was given by Sen. Murkomen, can I request that you make it as an intervention so that we can distinguish the two?

Mr. Deputy Speaker, Sir, in the public service invariably there is a risk that staff gets victimized or they develop friction between them and the management at the county even as it happens in the national service. Therefore, there are employees who have been dismissed because they are not in good books with the county executive or the management of the county. I want the Chair to clarify what appellate process exists in the county governments for staff who are aggrieved by the disciplinary action of the county executive. Where do you go from there at the county level?

Sen. Murkomen, your answer to those two reactions?

Mr. Deputy Speaker, Sir, Sen. (Prof.) Lonyangapuo has asked a very important question, that is, converting the interim staff to permanent employees. Once we have the CPS, the county executive should make request to the CPSB to create those positions so that they become part and parcel of the county public service, either for a contract period or permanently. There are some things like political advisor which are necessary, going forward. Maybe economic advisor is important and other advisors like on disaster management and so on. Those positions should be created by the CPSB, but with the approval of the county assembly. That is the procedure under the Act when you create positions. The next stage is where this House will give an advisory opinion to all the county governments to ensure every position that is being held by anyone in the county has been approved by the county assembly and created through the required process of the CPSB. As rightfully pointed out by Sen. (Prof.) Lonyangapuo, it is true that using an interim mechanism, governors have retained appointees, including cooks and gardens. All of them must be absorbed in the county public service because the employees should The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof.) Lonyangapuo, do you still have a further clarification? Let us hear from Sen. Mutula Kilonzo Jnr. then he will be the last one on that score.

Mr. Deputy Speaker, Sir, part of the answer on page 3 about the TA talking about governors’ personal staff, part (d) of this question was actually the grounds for removal of Governor Chepkwony. The answer suggests that the recruitment of these persons called “advisors” was done, in consultation with what they are calling the Public Service Commission (PSC), the Transition Authority (TA) and the Salaries and Remuneration Commission (SRC). I am aware that this is still a contentious issue in most of the counties. Could the Chairperson clarify whether this issue has been sorted out in county assemblies because governors are facing a lot of challenges as a result of hiring these advisors who are not hired by the CPSB?

Mr. Deputy Speaker, Sir, the clarification which I want to seek is whether there is a different procedure contrary to what is written in the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I want to seek a further clarification with regard to personal staff. The Chairperson responded that the governor was given the latitude and that the positions were created, in consultation with the TA and the PSC. Were the qualifications for the various positions indicated and were they followed? If you are calling someone an economic advisor, there ought to be a qualification for that economic advisor. If you are calling someone a legal advisor or political advisor, what were the qualifications and were they met in all the appointments?

I indicated to you, hon. Senators, I directed that if you want to seek a clarification so that I can find it easily, you do it through intervention. Sen. (Eng.) Muriuki, are you seeking for an intervention because I want Sen. Murkomen to do a final round.

Mr. Deputy Speaker, Sir, the intervention button is not working. The Chairperson gave a good description of the appointment of the board itself and the clarification I am seeking is on the board itself. The person who is appointed from the community other than the ones who come by virtue of their position, there is a phenomenon which is coming up slowly where after a while the county assembly due to influence or, otherwise, decide they do not want that person anymore. Do they have the power to bring in another person?

Mr. Deputy Speaker, Sir, from the answer given by the Chairperson, it is obvious that the county service boards are playing a very important role. How much independence do they enjoy? Have they been protected from blackmail, threats or influence from other sources?

Thank you, Mr. Deputy Speaker, Sir. I think the key issue here is the question of interim staff. In cases where one moved from being an interim staff to permanent without following the procedure for advertisement, that is an illegality. That is total disregard of the law. It can attract the necessary penalties in terms of punishment to the county governments for what they do. The person responsible in that regard is the CPSB, which must be answerable for paying or retaining people in service who are called “interim” without going through the procedure for advertisement. Mr. Deputy Speaker, Sir, as a matter of fact, let me speak for Elgeyo-Marakwet County. The current Secretary to the County Government in Elgeyo-Marakwet was an interim staff. When the time came for hiring, it was advertised and he emerged to be the best. So, it is important that, also, that should be applied across the board. For Elgeyo- Marakwet County, what it is very commendable is the fact that they hired someone who did not even come from that county. I think he comes from Siaya County. So, it shows also that there is rationality in some counties when it comes to equal opportunities even 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. That brings us to the end. Now, we have people who have sought statements. Proceed, Sen. ole Ntutu. PATHETIC CONDITION OF MAU NAROK-EWASO NG’IRO-MARA ROAD

Thank you very much, Mr. Deputy Speaker, Sir. I rise to seek a statement from the Chairperson of the Standing Committee on Roads and Transportation concerning the Mau Narok-Ewaso Ng’iro-Mara Road. Mr. Deputy Speaker, Sir, it is without doubt that 70 per cent of our country’s wheat comes from the Mau Narok area. It is also true that different food crops like potatoes, cotton, barley and maizet, among others, are produced in the Mau Narok area. The Mau Narok Road is in pathetic condition, particularly during the rainy season. What plans does the Government have to tarmac this 58 kilometre Mau-Narok Road? Mr. Deputy Speaker, Sir, when will the Ewaso Ng’iro-Mara Road, which is the gateway to the seventh wonder of the world, commence and at what cost? Thank you, Mr. Deputy Speaker, Sir.

Who is the Chairperson of the Committee? Is it Sen. Sijeny?

Mr. Deputy Speaker, Sir, I would require time to give a comprehensive report. We had asked the Cabinet Secretary (CS) for Roads to avail this information and they are compiling the report which the Senate had required. So, they asked us to give them more time and I would ask for two weeks; or we can deliver it on the first week of the next Session.

Sen. ole Ntutu, two weeks will take us to the new Session; so, it shall be given on the first Tuesday of the new Session. Is that okay?

It is okay.

Okay; it is so ordered. We have a Statement sought by Sen. Njoroge Ben. He is not here. Yes, Sen. Naisula Lesuuda? 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 rise to seek a Statement from the Chairperson of the Sessional Committee on Devolved Government. The statement relates to the Drought that has caused Starvation that may lead to a humanitarian crisis across counties in the Arid and Semi-Arid Lands (ASALS) parts of Kenya. In the Statement, the Chairperson should:- (1) State whether the Government is aware that due to the drought that has caused food and water shortage, people are facing starvation in the ASAL counties of Samburu, Turkana, Pokot, Baringo, Isiolo, Garissa, Wajir, Tana River and Laikipia, among others. (2) State how many people are faced with starvation in the impending drought. (3) Explain why the food that was bought by some of the ASAL county governments and stored in silos has not been distributed to the starving citizens. (4) State when the Government will start the livestock off-take programme in each of the affected counties (5) Explain the measures that have been put in place by the national Government, in conjunction with the ASAL county governments, to avert the looming crisis; and, finally, (6) Explain what measures are being taken by the national Government in collaboration with the county governments to ensure that these counties become food secure. Thank you, Mr. Deputy Speaker, Sir.

Where is the Chairperson of the Committee?

Mr. Deputy Speaker, Sir, I will give the statement the first Tuesday after we come back.

The only problem with that, Sen. Murkomen, is that it may appear that we may have only one sitting day next week on Wednesday because Tuesday is a gazetted public holiday. However, there appears to me like there is some urgency in the statement sought. Is there anything you can do, maybe, on Wednesday, next week?

Mr. Deputy Speaker, Sir, I think we can seek an answer for Wednesday.

Wednesday?

Yes, Mr. Deputy Speaker, Sir, so that even if it is not comprehensive, at least for the Ministry to commit itself to what they are doing to address that issue. I also appreciate that the person who asked that question is the Vice Chairperson of this Committee.

So, she could very well be answering it next week.

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. I rise to seek a statement from the Chairperson of the Standing Committee on Labour and Social Welfare. The Statement relates to the cash transfer programme for the persons with severe disabilities. In the statement, the Chairperson should:- (1) State the number of beneficiaries per county and amount given to each person with severe disability. (2) Explain the criteria used by the relevant Government department to allocate the funds. (3) Explain the monitoring and evaluation mechanisms put in place to report on the feedback and success of the initiative on the lives of the persons with severe disability. (4) Explain whether all the disbursements to the people with severe disability are uniform; and, (5) Outline the actual budget for persons with severe disability for the Financial Year 2014/2015.

Thank you, Senator. Who is the Chairperson of the Committee?

Mr. Deputy Speaker, Sir, as the Vice Chairperson of the Committee and, on behalf of the Committee, I would like to undertake that we will give this statement when we come back on the first Thursday, next week.

Now, there are two things---

Can I request the Senators on my left to try and consult in softer tones, please? There are two things, Sen. Martha Wangari. A Statement was sought yesterday from the same Committee again on cash transfers by Sen. Mukiite. Do you recall that? I am not sure I remember when you said you were going to give that answer.

Mr. Deputy Speaker, Sir, we undertook, as a Committee, to give an answer the first Thursday after we resume from recess.

This Statement is about persons with severe disability. The other one was about the elderly and vulnerable people. The statement you are seeking is from the same department of Government. I would like you to consolidate the two. Consolidate Sen. Mukite’s statement with this one. Seek one statement from the department for both Senators. When you come back, you will give one comprehensive statement detailing the issues raised in both statements so that we do 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. Most obliged. INTENDED ALLOCATION OF LAND AT KANYANYOONI IN KITUI COUNTY

Mr. Deputy Speaker, Sir, I stand to seek a Statement from the Chairman on the Standing Committee on Lands and Natural Resources. I seek this Statement regarding the intended allocation of the 400 acres of land at Kanyanyooni, Kitui West Constituency of Kitui County. The land in question is public land as defined under Article 62(2) of the Constitution. From reliable information that I have, the Cabinet Secretary intends to allocate the said land to the National Security Intelligence (NSI) contrary to the Constitution. To the best of my knowledge, neither the people nor Kitui County Government have been consulted on matters of allocation of the land which is held in trust for the people of the county of Kitui. In giving his statement, the Chairperson should state why the Cabinet Secretary went ahead to approve a third development plan for allocating the said land without seeking the views of people. In the meantime, pending this statement, could the Cabinet Secretary give this House her assurance that the land in Question will not be allocated to NSI or any other person until there are full consultations with the people of Kitui County?

Mr. Deputy Speaker, Sir, thank you very much. It will not be possible to issue this statement next week. I want to give an undertaking that we will issue the statement when we come back from the break. I know that you have ordered many Statements to be issued next week and yet we only have two sitting days. I, therefore, want to give an undertaking that we will issue the Statement when we resume after the recess. In the meantime, as requested by the Senator, we will communicate the same to the Cabinet Secretary so that no allocation is done until the matter is resolved here.

Thank you Senator. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 29TH JULY, 2014

Mr. Deputy Speaker, Sir, pursuant to the provisions of Standing Order No.45, this is to present the Senate Business of the coming week. On Tuesday, 29th July, 2014, there will be no sitting as it will be a public holiday to mark the end of Ramadhan. On Wednesday, 30th July, 2014, the Rules and Business Committee will meet on Wednesday, 30th July at 12.00 noon to schedule business for the Senate for the week. The Senate will continue with the business that will not be concluded in today’s Order Paper. As hon. Senators may recall from yesterday’s communication from 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.

On a point of order, Mr. Deputy Speaker, Sir. I rise on a point of order to seek clarification on a matter that Senators are going through. As we enter the premise of the Senate, in spite of the fact that one has a sticker clearly indicated that one is going into the Senate, you are subjected to a process of writing in a book as if you are being monitored whether you were in or not. I understand issues of security. However, I also understand issues of disruption.

What do you want me to do? You did not seek anything.

Mr. Deputy Speaker, Sir, I am simply seeking your intervention on this matter. You are the boss. When these kinds of things happen and Senators are lined 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, in line with what Sen. Mutahi Kagwe has said, it is becoming a matter of concern to enter the main entrance. We have police officers who seem to have a commander amongst themselves. When you get there, they keep on debating on who should open the gate and who should not open. They force us to open the windows of our cars. After seeing us, they bring the registration book for your bodyguard or assistant to sign. We wonder whether we are coming here under our rights since we are coming to our offices and whether we have that permission to come in. We seek the intervention of the Chair. We seek to know from those who are in charge of security in these premises whether we have our rights to come here. We come here to work. Those police officers are here to guard you, me and the others here. Therefore, if we are subjected to that kind of discrimination, whom are they guarding? Should we also go there and become guards? We need a clarification from the Chair.

I am actually surprised that this has generated some interest.

Mr. Deputy Speaker, Sir, mine is different from what has been raised. I have another point of order.

So, let us finish that one first. Yes, Sen. James Orengo?

On a point of order, Mr. Deputy Speaker, Sir. The problem is even more compounded if you are coming in and leaving more than once or twice. Yesterday, I drove in and out about four times. Every time I came in, my details had to be written in a book and the car had to be inspected. We need some clarity on this so that we do not interfere with traffic along Parliament Road. Sometimes when they stop people at the gate, traffic along Parliament Road is also interfered with and disrupted. That, in itself, can be a source of insecurity to the premises.

Thank you, Mr. Deputy Speaker, Sir. As a Commissioner chairing the subcommittee on Security, I want to assure fellow Senators that I have heard their sentiments. All the measures being undertaken are for the purpose of securing the premises of Parliament and also for ourselves. I understand the sentiments. I have understood what they have said. I want to assure them that we will review. However, please, as we were told in the Kamukunji that was held before these measures were introduced, we also want you to be understanding. We are going through difficult times and everything is being done to protect you. However, I have taken your sentiments and will ensure that some adjustments are made.

Thank you, Sen. David Musila. Sen. Sang, I said that if you want to make an intervention, you should do it under the intervention button. I can see that you are now requesting while on the Floor. Do you want to say something different towards the assurance that has been given by Sen. Musila? 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, just to add something on that, we have our offices at the KICC. Sometimes, many of us, as Senators, want to walk away to Parliament. I am requesting the PSC to consider liaising with the Traffic Department so that they create a zebra crossing just across our gate so that we walk in and out.

Mr. Deputy Speaker, Sir, I have heard.

I think the issues raised by hon. Senators are of utmost importance. Yes, Sen. Musila is our representative at the Parliamentary Service Commission (PSC). You have undertaken to raise the issue and we know that you are doing it for security purposes as you have indicated. However, I think it is important, since Members have raised the issue that you give us a progress report on the matters you have undertaken to do when we resume from the break we will take. I would like you to note that you will be expected to give us a progress report on the first sitting when we resume from the break, in or around 12th September. Is that okay?

Mr. Deputy Speaker, Sir, I undertake to do that. I will undertake every measure that is necessary. I am not saying that we will abolish everything. However, serious adjustments will be made, including the provision of zebra crossing that Sen. Sang has raised.

Sen. Ong’era are you seeking an intervention?

Mr. Deputy Speaker, Sir, I was seeking the Floor, but you have already made a ruling on the matter regarding the management of the gates.

Do you wish to bring something completely new so that Sen. Musila can note it?

Mr. Deputy Speaker, Sir, I would like to further add that these police officers are extremely rude. They do not even want to look at who is entering through the gate. I think we are not so many that they cannot by now know that the number of Senators entering here is 68 Members, since we are currently using one gate. Secondly, it is very embarrassing for us, especially when you are coming in as a visitor and you are being stopped. We are the bosses here and they are here for our security. They are not here to search us. It is extremely embarrassing and I hope that the PSC will look at these issues. We even do not need them; we know how to manage our security.

Sen. Kajwang, is it on the same point?

Yes, Mr. Deputy Speaker, Sir, but with a slight modification. I came in the morning, I was stopped, I wrote my name and signed in the entrance book. This afternoon when I was rushing here, I was stopped again and told to sign one more time. I do not think they do not know my face. I think they have seen me for a long time. It is important that when you are taking security matters in consideration, you do not suppose that a Member of Parliament can be carrying a gun which is unlawful or be carrying a bomb. That suspicion alone degrades our esteem in the eyes of everybody. 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 was actually no Motion. It is important that each of us appreciates that security is paramount for both the installations and ourselves. Since Sen. Musila has undertaken to pursue the matter vigorously on our behalf, I would suggest that we leave it at that and expect to get a comprehensive answer taking all things into account on the first Tuesday after we come back from recess. Is that okay

Yes, Mr. Deputy Speaker, Sir.

Sen. Billow, do you want to rise on a point of order? POOR MEDIA COVERAGE OF SENATE PROCEEDINGS

On a point of order, Mr. Deputy Speaker, Sir. This is with regard to the media coverage of this House. If you look at both the print and the electronic media, the coverage of this House is very poor. For example, a couple of days ago we debated the Mediation Committee Report in this House and adopted it. It was not covered at all. The same was debated yesterday in the National Assembly and it was covered extensively even in the print media. They even reported that the Senate was going to debate the Report. They are not even aware that we had already finalized the debate. So, when asked why this is happening, the argument is that there is actually no dedicated room for the media like the one we had at the KICC where they can monitor and take their notes from the screen. 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.

As you are aware our Standing Orders have clear rules on broadcasting. I am not quite sure that there are provisions for the operations of the print media. On the issues that you have raised, the best I can do as I sit here now is to refer the matter to the Rules and Business Committee (RBC) sitting on Wednesday 30th July, as a substantive matter of discussion so that guidance and direction can be given by the Committee which is concerned with issues like the one you have raised now. I hope that we shall be able to get an answer from the RBC through a communication, or otherwise, when we resume in September. Is that okay?

Mr. Deputy Speaker, Sir what about the misreporting of the figures that I quoted?

Again, my immediate reaction is to refer the whole matter to the RBC on 30th July. Since I have not seen the report you are talking about, I cannot make an immediate ruling on it. If you wish, you can table it before the RBC on Wednesday. If they want to invite you to state your case before them, then they can do so and we have the matter sorted out, once and for all.

Mr. Deputy Speaker, Sir, just as you refer this matter to the RBC, there is something about the Press that we must say. Those days when we were trying to get multiparty politics in the country, we realized that the Opposition had been given a blackout by the media. Those days there was only one media which is KBC. We had to go to court to seek space so that at least the Opposition could also be covered. Of course, they gave us grudgingly and they covered us a little and argued that it was enough. If you watch the minutes that they give to the National Assembly and the minutes that they give to the Senate, it is not the same. This is public money and this is the Senate of the Republic of Kenya. We should now insist that we must get equal time. They cannot just say that they are excited about some stories coming from a particular House, or some heckling and fighting in some House. They are not very interested in gentlemen and ladies who speak in a quiet manner because I think sometimes the Press is guided by excitement and what sells. This is public money, we are not selling news. We want the public to get to know what the Senate does and debates and the same for the National Assembly. We want to insist that as you go to the RBC to say that we want equal time. If it is KBC that is going to cover it and this is public money and this the Senate of this Parliament and that is the National Assembly, split it 50/50, so that the country can begin 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, for the benefit of the Senators, I just want to inform the House that yesterday the Committee on Information and Technology visited KBC. We even went to the studio that covers this House and we expressed the same sentiments that are being expressed here, including, not just the quantity of the coverage that the House gets, but also the quality of coverage we get. In other words, sometimes you can see a camera focusing on empty chairs which is really not supposed to be the case in parliamentary coverage. I think that that is only one area of coverage. We have a Broadcasting Committee that is composed of Members from the two Houses. The long term solution that we expressed to the KBC was that upon moving from an analogue to digital platform for broadcasting, then what should happen is that the Senate should actually have its own channel and the National Assembly as well, so that if people want to switch to the Senate, they do so and if they want to watch the National Assembly debates, they also switch to their channel so that, that competition for time would then not be there. Mr. Deputy Speaker, Sir, it is more than that because this also applies to the print media. Sometimes you can find the reporting on Parliament and you wonder whether the Senate exists. To that extent, we have also contacted some of those media houses and I know that there is a meeting that is being organized between some of the print media houses, the Committee on Information and Communication and the Committee on Broadcasting.

Mr. Deputy Speaker, Sir, I also stand to comment on this issue to do with the Press. We, as Senators, have been elected by Kenyans and we are here to represent 47 counties. The only way that we can be felt within the counties is through the issues that we deliberate in this House. We, as Senators, are not allocated money to build schools, dispensaries or even to give bursaries. The only thing that we do is to debate issues that touch on the counties. Frankly speaking, the way the media reports what we say here is totally negative. For example, today I looked at the newspapers and what was reported as being significant on the debate of yesterday was the issue that was raised by Sen. Mutula Kilonzo Jnr., about the Konza Techno City being in Makueni County. This was supposed to portray our debates in a negative manner. Other important issues that were debated in this House were not pointed out. The Press should know that they are the only tool in this country that can inform the people who elected us in this House what we do and so the reporting must be fair so that we can be seen to be working for the country.

Mr. Deputy Speaker, Sir, it is also important to note that some of the journalists have requested the Senate to give them space to sit because they are saying that where the KBC crew sit, they are not allowed to go there. The other question they raised is that they have been given very limited space in a room that sometimes becomes very hot and they cannot sit there. They also requested that we look at our security which sometimes blocks them from coming in. I agree with your ruling that we deal with 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.

I have already made a ruling on that, that it will go to the Rules and Business Committee (RBC). The RBC is entitled and empowered to deal with it, under Standing Order 176 (5) (g). So, I believe that they are going to deal with it, as I have ruled and then give us an answer, because the issues that have been raised are important. On the issue that has been raised specifically by Sen. Mutahi Kagwe, on the coverage by the media inside the House itself, if you look at the First Schedule of our Standing Orders, there are very clear rules on broadcasting. I would like the people who do broadcasting from the House – and I am sure they can hear me – to acquaint themselves clearly with the broadcasting rules. If we have problems with that, we have a Committee on Parliamentary Broadcasting and Library which should be able to deal with those issues. Therefore, if any Senators feel aggrieved, they can refer the matter to the Committee on Parliamentary Broadcasting and Library on specific issues that they feel are not being done as they should be by the people in charge of broadcasting in the House. That brings us to the end of that matter. Next Order!

Hon. Senators, I think that we finalized with the debate on this Bill on 17th July, 2014 and it is now coming for division. Is the Senate Majority Leader not here? Sen. Elachi.

Mr. Deputy Speaker, Sir, I wish to request that we defer this Order under Standing Order No. 54 (3). But we must ensure that we finish this business, with your permission, in the next sitting which will be on Wednesday.

Why do you seek that we should defer the division?

Mr. Deputy Speaker, Sir, I believe that some delegations have walked out and, therefore, we do not have the numbers to vote on the 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.

You do not have the threshold?

No, Mr. Deputy Speaker, Sir.

Okay. The division on this Bill shall be done on Wednesday 30th July, 2014, which, if the Motion for Adjournment passes, will be the last sitting of this particular session.

Sen. Dullo, are you trying to say something? Go to the Dispatch Box because it seems like your microphone has a problem.

Mr. Deputy Speaker, Sir, maybe you forgot that I had requested earlier to give supplementary information on a particular Statement that was requested by Sen. Lonyangapuo. I do not know whether I should go ahead and give it.

As you know, so many things have happened and now you want us to go back. I know that you had made the request, but I think that it escaped my mind because of so many interventions coming in. Is there anything to stop you from doing it now, if I order that we go back one step before we go to the next Order?

I can do that, Mr. Deputy Speaker, Sir.

Go ahead and do that, since you have the Statement.

Thank you, Mr. Deputy Speaker, Sir. This is supplementary information regarding a Statement on insecurity along the West Pokot-Turkana County border that was earlier requested by Sen. Lonyangapuo. The Statement regarding the insecurity along the West Pokot/Turkana County border was issued before the honourable House on 1st July, 2014. However, during the proceedings, Sen. (Prof.) Lonyangapuo sought to be informed on:- (1) the registration numbers of the vehicles provided to enhance patrols along the border; (2) the details of how security was beefed up in Karon, Kases, Tikaiwa and Sarmach areas; (3) why a special District Officer was deployed without a vehicle to assist movement around the area; 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.

Sen. Lonyangapuo, do you have anything to say?

Mr. Deputy Speaker, Sir, I want to thank the Vice- Chair for the answer to the supplementary question. However, in the answer, she is specifically talking about a special District Officer (DO). This House needs to know that a special DO was assigned to do patrols at the border between Pokot and Turkana counties. But it is wrong for the Vice-Chair to state that there is a vehicle that is shared between the DO and the Administration Police. I was there for three days, from Saturday until yesterday, and saw that the DO is in dire need of a vehicle. Could the Vice-Chair tell us when the DO will be given the vehicle, considering that at the moment the Ministry has enough vehicles, charging from the vehicles that are being driven around the country? Lastly, the Vice-Chair talked about a GSU camp at Sarmach, but there is none. A camp is urgently required because the school that is there has so many children. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, on the issue of the vehicle, the information that I have from the Office of the President contains the registration number of the vehicle that the DO is sharing with the relevant department that I have mentioned. But since the Senator has indicated that it is a pressing issue that needs quick action, I will take up that issue with the Office of the President and see whether they can allocate him a special vehicle by next week. On the issue of the camp, that is the information that I was given by the Office of the President, but I will clarify further whether or not the camp that was indicated in the statement is the right one. Thank you, Mr. Deputy Speaker, Sir.

Thank you very much but do not come back to the House with that issue. Now you are going to deal with it yourselves. Is it not?

Yes, Mr. Deputy Speaker, Sir.

Thank you. Next Order!

Who was on the Floor?

Sen. Orengo, you had eight minutes.

Mr. Deputy Speaker, Sir, yesterday, I was getting to the second part of my remarks. Basically, I was talking about comments that had been made by the Senate Majority Leader to the extent that if anybody had any issues in matters to do with governance or any problems that needed attention by the Government, then we should use the institutions that are in place. Mr. Deputy Speaker, Sir, in fact, when institutions or governments are left alone, they can sometimes be the problem. I did point out that, in fact, under the old order, before we had the new Constitution, the problems that this country had, had been created not only by the Government of the day – and there were a number of them – but by institutions. For example, I had pointed out yesterday that the advent of the one-party system in this country was brought about by Parliament, which turned Kenya into a de 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 want to join my colleagues in thanking the Rt. Hon. President of the Senate of Rwanda, whose name is longer than mine. I thought mine was the longest. His name is Ntawukuliryayo. The Address by the President of the Senate of Rwanda brought a lot of commendations and greetings to our country. He indicated to us how close the people of Rwanda are to us. He also reminded us of the long lasting friendship and co-operation that has existed between our two nations. Therefore, it was good that we heard how they regard us highly in both good and bad times. He mentioned about the friendly relationship that we have always had. He particularly mentioned about the joint infrastructure that Kenya, Rwanda and Uganda have. This reminds us what the President of Rwanda talked about where they assigned a person to sit in a lorry from Rwanda to Mombasa counting the number of toll stations between the two countries. The result of that revelation was a big eye opener. It showed how much time is lost on the road due to road blocks. Today we can say---

On a point of order, Mr. Deputy Speaker, Sir. I did not want to interfere with the professor but he mentioned something that I want him to explain or correct. He said that the officer from Rwanda was following the long trailers and counted how many toll stations are between the borders of Kenya to the sea. Then as he was continuing to speak, he called them road blocks. So, I was wondering whether the road blocks are the toll stations and what is the relationship between the two.

Mr. Deputy Speaker, Sir, I mentioned that due to long delays, the Rwandan Government decided to do a thorough research as to what causes the delay. Therefore, they assigned an officer to sit in the lorry. They counted the number of roadblocks which then were behaving like toll stations because one would delay for a long time. I am told that the behaviour has been reduced to the extent that goods can move by road from Mombasa to their destination in a fairly shorter time. I am aware that there is this new initiative to build a railway all the way from Mombasa to Kigali. That will definitely make trade faster and reliable. Mr. Deputy Speaker, Sir, he also talked about regional integration and security that has to be looked at by the people of East Africa. This comes in handy when our country is going through tough times where we need to make sure that the security of our people is fully guaranteed. He also talked about this region creating regional security and partnership in order to fight against the three enemies he cited including terrorism, cross- 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.

You called them “fellows” I want you to withdraw the word “fellows” and call them “people”.

Yes, I withdraw the word “fellow” and say these are the people we call wazee wa mtaa in Kiswahili. In English, these are elders who have been identified to be in charge of a group of people and now we call them the head of

I asked whether that happens even when the President comes and they told me yes. They told me that even the head of state cannot address any meeting in a village until the meeting is opened by that fellow, whether educated or not. This really touched me and I realized why things have been managed in some of these countries like Rwanda and Uganda. The level of security awareness is very high because the people on the ground in the villages are the ones who run and man the show. They even had to call Kampala to inform them that I was there so that they can get permission. We can copy this and modify it to suit the Kenyan style. If you look at the stubborn nature of the problem we are witnessing in Lamu where terrorists emerge from some villages, attack people and run, somehow some people in those villages can identify who these characters are if such a system is made functional. Mr. Deputy Speaker, Sir, when a neighbour comes to address us, it calls upon all of us as a nation to ask what they are doing that we are not able to do. He pointed out what they went through in 1994. At that time, it was like a dead nation. Things were chaotic; there was confrict; tribe against tribe and person against person. Last year, a Committee of the Senate visited Rwanda for a week and I was privileged to be among those who went there to see how their laptop project is working. I was touched to see the level of cleanliness and the level of security alertness in Rwanda. We visited the place where the genocide took place. That is an everlasting memorial to remind the people of Rwanda and the whole world what a wayward spirit of man can do. We need to remind ourselves that at this time when we are having inter-tribal challenges like in Wajir, Tana River and other places, we may need to take some of these people for a visit to go and see what some of these things can do if we do not suppress them and if we do not put our house in order. Visiting and seeing personally and practically is very important so that other people can learn. 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! I have not given you the Floor yet and I am not seeing your request on my computer. I am only seeing Sen. Mutula Kilonzo Jnr’s request. Proceed, Sen. Kilonzo. Please, insert your card and press for a request.

Thank you, Madam Temporary Speaker, Sir. I rise to contribute to the speech by the President of the Senate of Rwanda. It is, indeed, a pleasure and a privilege for the Senate of the Republic of Kenya to have hosted the Speaker of the Senate of the Republic of Rwanda. Madam Temporary Speaker, Sir, there are certain things that were said by the President that I think I must repeat, not only for record, but for clarity. The President stated that the Rwandese are realistic about the challenges that lie ahead for the region as well as being steadfast in their determination to overcome them. The resilience and optimism are the values of national spirit that have taken root in their lives for the last 20 years since the genocide against the Tutsis. Madam Temporary Speaker, Sir, while reading this paragraph, as short as it is, I was just wondering whether this resonates in this Republic. Are Kenyans realistic about the challenges we are facing? Are Kenyans resilient and optimistic about what is happening in the country? Are these the values that form the cornerstone of this nation? Have we learnt any lessons from the genocide against the Tutsis? Madam Temporary Speaker, Sir, while delegations upon delegations from the county, the Senate and possibly the National Assembly are all over the place running over themselves to go to Rwanda, we must ask ourselves whether Kenya is confronting the problems that face us. Every time somebody mentions tribalism, we decide to hide; every time we say 30 per cent of the people we hire must come from different counties The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. First of all, I have to apologise that I was not here when the Speech was being made by the President of the Senate of Rwanda. Therefore, if I say something that was not intended, you will bear with me.

Senator, you did not get a copy of the Speech?

Madam Temporary Speaker, I have just seen it. However, let me continue. Some of us may see this is an ordinary visit. However, I want everybody to understand that the world is changing every day. There is no country in East or Central Africa or the whole world for that matter that can survive without the support of others. Therefore, the Address by the President of the Senate of Rwanda to this House is an important matter. This is a vision we had some ten years ago, that the countries of East Africa and Africa in general would get close together. This is when the Presidents, Speakers and Members of Parliament will have an opportunity to go and speak to their colleagues in the other parliaments. That is the only way that we will bring some understanding closer home. For example, we had the incident of stock theft. Sometime ago, we suggested that Members of Parliament of Kenya and Members of Parliament of Uganda and all other Members of Parliaments which are involved in stock theft need to have a consultative meeting and an opportunity to come to a Parliament like this one to speak their minds 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 sana, Bi. Spika wa Muda. Niruhusu niseme machache nikifurahia na kuitukuza Hotuba aliyoitoa Rais wa Seneti la Rwanda. Kwanza, ninamshukuru kwa kupata nafasi ya kuhutubia Bunge hili katika ziara yake nchini Kenya. Pia, tunamshukuru kwa sababu wakati fulani pia alimruhusu Spika wetu kuhutubia Bunge 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.

Senator, your time is up.

Asante, Bi. Spika wa Muda.

Thank you, Madam Temporary Speaker. I would like to congratulate and note the Speech of the President of the Senate of Rwanda, which was delivered in this very historic House. He was the first person to address us since the Senate of Kenya was returned under the Constitution of Kenya, 2010. I laud that Speech and appreciate the Speaker of the Senate of Kenya for inviting his colleague and giving him a chance to come and address us. Madam Temporary Speaker, that Speech is a demonstration of the co-operation of the East African Community (EAC). The EAC Treaty notes among others that it is an institution, unlike the one that was established in 1960s, that is based on people’s decision and participation. There is no better way for the people to participate than through their democratically elected representatives. Therefore, having a Speaker of a member country within the EAC, is fostering the requirements and provisions of that Treaty in terms of ensuring that our co-operation is deeper and stronger and will not be based on the relationships of the three Presidents. Those of us who have read the history of the EAC will know that it was as strong as the friendship of the late President Jomo Kenyatta, Mwalimu Julius Nyerere, Obote and then Idi Amin, among others. There were many reasons the EAC collapsed, but the main one was the fact that it was based on the relationship between the three Presidents. I am told that the former President could have had a good relationship with Mwalimu Julius Nyerere, but again we had at some point, Idi Amin, a dictator in power and so forth. But now this is a co- operation that is based on people. The people of East Africa are willing to work together. They want greater opportunities and expansion of markets. Madam Temporary Speaker, many people forget or have not been told that one of our most strategic economic partners is Uganda and not Europe, United States of America (USA) or China. Therefore, the objective of the people of East Africa coming 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.

Madam Temporary Speaker, thank you for giving me this opportunity to note the speech from the Speaker of Rwanda. I want to say that it reminds me of several issues that we as a country need to put in place. It reminds me of my duty as a legislator. What is the role of us, leaders, in this country? What are we supposed to do for our electorate to hold us accountable? It also reminds me of how we address issues. It a high time that this country addressed or handled issues as they come because the more we hold on issues, the more they become a problem to us and they run out of hand. It is high time we as a country gave a listening ear to our people. By listening to each category of people, we shall know what affects them and solve these problems. If we are not going to give a listening ear to the people we represent, then we are creating a bigger gap between the leadership and the electorate. I want to note this speech by thanking the Speaker for giving us a challenge on how to run or lead this country in solidarity by enabling people who sent us to be their representatives in this Senate to have a voice. Are the messages that we send to them able to build their confidence in this country? Are they messages that make them have a negative attitude towards the current Government or the current leadership? This speech is a reminder to us that as leaders, we must understand each Kenyan citizen by listening and addressing their issues whether rich, poor or from a marginalized group. The problem that brings a difference between leaders is the way we treat or represent people and the way we create rifts between the people we represent. You can hear a fellow leader saying that so-and-so came to my territory and yet we are all leaders. The Speaker reminded us that we have a responsibility of giving information to the people we represent. You can only give information when you go to them. Kenyans are tired of electing leaders and after that, they stay in Nairobi without going back. As 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.

The Senator for Kisii County, Sen. Christopher Obure.

Thank you very much, Madam Temporary Speaker. The President of the Senate of Rwanda’s visit was testimony and, indeed, an expression of the strong relations and friendship between Rwanda and Kenya. I have no doubt that his visit will go a long way in solidifying the relationship between the Senates of these two countries. Madam Temporary Speaker, after the 1994 genocide, Rwanda came to its knees. Rwanda, as a country, was actually reduced to ashes. I want to take this opportunity to congratulate the people of Rwanda for the valiant efforts they have made to rescue their country from ashes to the greatness which it has now achieved; the various bold initiatives taken by the leadership to build their country, to reconcile the citizens of that country from that nasty experience must applauded by all people of goodwill. We need, in many ways, to emulate the example of Rwanda in order to achieve some of the successes that they have achieved. Madam Temporary Speaker, Rwanda is one of our most important trading partners. I know we often appreciate our relations with other countries – our other trading partners – but many times we do not appreciate Rwanda as one of our major trading partners. Rwanda is, in fact, one of the biggest users of the Port of Mombasa, because this port is the gateway to Rwanda. Therefore, in many ways, Rwanda contributes directly to the economy of Kenya and to the welfare of Kenyans by way of enabling Kenya to earn the much needed foreign exchange through trade, through the use of the Port of Mombasa and through various other ways. Therefore, we really want to appreciate Rwanda as our trading partner and as a country which directly contributes to the welfare of our people in a very positive way. Madam Temporary Speaker, the President talked about enhancing regional infrastructure and the need to build better roads to improve mobility between our two countries; the need to build a railway system that connects Kenya and Rwanda; the need to improve communications and energy provision. I agree with him entirely that there is need to do that. This will not only improve security and enable us to deal with all the various security threats like terrorism and all that, but most importantly, it will help us to enhance trade and to improve the economies of our two countries. This is significant, in my opinion, and I agree entirely with the sentiments expressed by the President. There were times when it was very difficult to trade with Rwanda and many of our neighbours. During those days, if you wanted to contact somebody in Kigali, you had to go through Brussels in Belgium. You had to go through Europe to connect to Rwanda. If you wanted to travel by air to Rwanda despite the fact that it is only less than one hour flight from here, you had to go to Europe and then connect to Rwanda. Those days, it was very difficult to trade with Rwanda. We appreciate the improvements that have taken 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 sana Bi. Spika wa Muda. Nashukuru kwa nafasi hii. Ningependa kuchangia Hoja ya Hotuba iliyotolewa na Rais wa Seneti ya Rwanda katika Bunge hili la Seneti ya Kenya, Mheshimiwa aliyekuwa hapa. Jina lake ni nzito sana. Ninajaribu kulitamka lakini nashindwa. Nilikosa kuhudhuria kikao cha Seneti jana lakini leo, nitasema machache kuhusu yale ambayo alisema. Niliipokea Taarifa yenyewe na pia nilielewa ujumbe ambao alitoa. Nchi ya Kenya iko mbele kwa maendeleo katika eneo letu la hapa Afrika Mashariki. Taifa la Kenya linaheshimika kwa sababu ya tabia ya Wakenya; ujuzi wao na vile walivyo wakakamavu kwa sababu wao hufanya mambo yao kama Wakenya. Msimamo wetu na ujasiri wa Wakenya unatambuliwa. Ukienda Uingereza, Ujerumani na Amerika, utawapata Wakenya ambao wanafanya kazi huko. Wakenya hawa wana heshima sana. Taifa la Rwanda, lilipojikomboa baada ya kukumbwa na vita vya wao kwa wao na kumwaga damu na ukabila, lilitegemea taifa letu la Kenya sana. Lugha yao ya kitaifa wakati huo ilikuwa Kifaransa. Lakini sasa, lugha inayozungumzwa sana ni Kiingereza. Ni Wakenya ambao walichangia kukuza Kiingereza katika nchi ya Rwanda. Pia, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker, Sir. Is the hon. Senator in order to mislead this House that they speak words that will bring Kenyans together in love when he is usually on the frontline of abusing everybody in this country, including the President? He has no respect for any position in this country.

Bi. Spika wa Muda, ikiwa kuna makosa nimefanya, kuna Serikali ya kuchunguza makosa ambayo nimefanya. Kama nimetukana Rais wa Taifa, kuna Serikali ambayo inafaa inipeleke kortini. Kuna sheria inayosimamia mambo hayo. Mhe. Seneta ambaye ameongea anajua vile nilimsaidia Rais mstaafu Mwai Kibaki The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Muthama, you have one minute remaining.

On a point of order, Madam Temporary Speaker. Is the hon. Senator in order to say half-truths when he knows that in the Government today there are many people who do not come from the same tribe? We have the Cabinet Secretary for Lands, Housing and Urban Development from his own backyard, Cabinet Secretary, Omamo, from Nyanza, Mr. ole Lenku, the Cabinet Secretary for Interior and National Coordination. I can go on and on. What does he mean by one tribe? Tribalising this Government is by voice---

Sen. Mugo, you have already made your point. Sen. Muthama, are you misleading this House? Can you clarify for the one minute remaining?

Bi. Spika wa Muda, hakuna kitu kama hicho. Kama anataka nihesabu ninaweza kufanya hivyo. Je, Mkuu wa Majeshi ni nani? Je, Mkuu wa Idara ya upelelezi ni nani? Je, Mkuu wa National Intelligence Service (NIS) ni nani? Tunaweza kuwahesabu. Mimi sitaki aibu hapa. Mhe. Seneta anafaa kuelewa kwamba mambo ninayoongea ni ya Kenya. Mimi nilikaa na Sen. Beth Mugo na kukubaliana kwamba ni lazima tumsaidia Rais Mwai Kibaki alete usawa katika taifa letu. Kwa hivyo, siipotoshi Seneti hii hata kidogo hapa. Sisemi mambo ya uongo. Bi. Spika wa Muda, ikiwa kuongea kuhusu mambo haya ndio kuleta ukabila, basi ni nani atakayesimama na kukataa ukabila?

Your time is up, Sen. Muthama.

On a point of order, Madam Temporary Speaker.

Sen. Beth Mugo, his time is already up. Therefore, I would want us to rest that case, because he will not be able to respond again. He has already exhausted his time.

Can I just make a point, Madam Temporary Speaker.

You are on a point of order. So, you were to direct us, as to what is out of order. But if you would have wanted him to respond, I have already ordered him to sit, because his time is up. Since the Senate Majority Leader will give his reply, he will have the occasion to respond to some of those issues. There being no further requests and interventions, I now call upon the Senate Majority Leader to reply.

(Sen. (Prof.) Kindiki): Thank you, Madam Temporary Speaker. I want to take this opportunity to thank the hon. Senators who have contributed to this Motion to register the thanks of the Senate of the Republic of Kenya, regarding the address that was given on the Floor of this House by a visiting dignitary, namely, the President of the Senate of the Republic of Rwanda. 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.

Point of order!

Order, Senators! If you want any interventions, you have to log in.

(Sen. (Prof.) Kindiki): Thank you, Madam Temporary Speaker. Rwanda is a serious economic and trade partner to this country. Not only are there a number of Kenyan firms and businesses, but there are a number of Kenyan individual business people who are successfully running businesses in that country. My interaction with many of the Kenyans in that country and even our Embassy in Kigali, tells me that the people of Kenya who are doing business in Rwanda are happy, comfortable and do not feel as if they are away from their homes. Madam Temporary Speaker, it is important to also appreciate that for many years, the people of Kenya hosted a number of Rwandese citizens who were refugees when their country was in turmoil. Also, my experience and interaction with the Rwandese citizens who were hosted in this country in the late 1980s up to the early 1990s is that the Rwandese people never felt discriminated. So, our relationship is deep-rooted, genuine, natural and cultural. I do not need to overemphasize that these are the kinds of relationships that will take our country and continent far. We have seen the President of the Republic of Kenya and the President of Rwanda, in the last one or two years, move towards accelerating linking the two countries, especially in the area of infrastructure and communication. One of the reasons trade within African States has not picked up is because of poor communication and transport systems in our continent. The economists say that lack of adequate infrastructure is a huge barrier to trade. The reason we are doing very well in our trade with Uganda is because there is a road between Mombasa and Uganda. There is also a railway, although it is an old one, to some extent. If we want our trade with Rwanda 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.

On a point of Order!

Order! Order! Sen. Nanjira was first. Proceed, Sen. Nanjira.

Madam Temporary Speaker, is the Senate Majority Leader in order to mislead this House that when people are sharing power, they can make a decision? What I know is that the Head of the House makes the final decision. Is he in order to say that?

Yes, Senator? Let the Senator respond to that first.

On a point of order, Madam Temporary Speaker.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, Mr. Raila Odinga is my friend.

On a point of order, Madam Temporary Speaker. Is the Senate Majority Leader in order to mislead this House by saying that some officers were in the office when Kibaki was there? Was Mr. Kinyua, the Head of Civil Service at that 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.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, with regard to the first one, as I said, the former Prime Minister is a good friend of mine despite the fact that we do not agree politically at the moment. That word, “moment” is deliberate because two years ago, the kinds of political alignments that were there are very different from what we have today. That can even change in the future. The earlier Kenyans realise this better. Former President Mwai Kibaki and Raila Odinga were not President and Vice President, respectively. They were co-principals in a Grand Coalition Government. During that time, there may have been difficulties. However, I am sure that there are many things that the former Prime Minister did not agree with, but he protested loudly. I did not hear him protesting about some of the things being protested here today. That as may be, there is something we call reverse discrimination. I do not think that any Kenyan should be ashamed of holding public office simply because they come from a particular tribe. If this is about balancing ethnicity in our public sector, the law is very clear. The Constitution provides for that. In this Parliament, we have Committees of National Cohesion which can address this.

Sen. Muthama put a question to you and I want you to talk to it. He stated that you are misleading the House with regard to the National Security Council you were making reference to. He claims that nine members of the security committee come from one community. Between you and Sen. Muthama, who is misleading this House, could you clarify?

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, Sen. Muthama is misleading this House and he owes this House an apology. It is that kind of politics that have brought backwardness in this country.

So, that is not true?

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, that is not true. If he has any facts, this is where I was heading; we have a Joint Committee on National Cohesion and Equal Opportunities in this Senate which looks at issues regarding equal opportunities.

On a point of order, Madam Temporary Speaker. I am surprised that the Senate Majority Leader has turned this to a political issue. I am not playing politics. I am just putting the record straight. They wanted me to substantiate certain names which I did. I picked only three and he cannot deny that. Is he in order that instead of sticking to the substantiation I made he is deviating?

The Senate Majority Leader, respond to that and proceed. Let us bring that to a conclusion.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I do not want to belabour that point. If Sen. Muthama thinks there is any structure in the public sector which does not meet the requirement of the Constitution in terms of ethnic diversity, he has a right to mention to the right institutions, including our own Joint The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker. The Constitution is very clear. It says that all the appointments in Government institutions must represent the national outlook of this country; we must have ethnic and regional representation. Gender is a great consideration when it comes to the Constitution. Why does it appear that I am talking outside the Constitution of this country? It is very clear that ethnicity and regional representation must be considered in those appointments. Why is the Senate Majority Leader avoiding that and yet he is supposed to be taking us through the Constitution.

On a point of order, Madam Temporary Speaker. I just want to bring some information forward. I think Sen. Muthama is out of order to talk about issues that are not before us. If he has any issues to raise, he should do so through a substantive Motion for us to debate.

So, are you pointing to the fact that he is out of order?

Yes, Madam Temporary Speaker.

Senate Majority Leader, we have three minutes to conclude this debate.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I am very grateful that we have had this very healthy interaction. I want to take this opportunity to thank the President of the Senate of Rwanda for visiting our country together with his delegation. I also want to take this opportunity to thank all my colleagues for contributing to this Motion. Finally, I hope going forward, every time there is an important guest in this country, the leadership of this House and also our counterparts in the National Assembly will make effort to ensure as much as possible that those dignitaries also have an opportunity to address us so that we can learn from one another and so that we can profile our Houses of Parliament internationally. With those few remarks, I beg to move.

Next 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. Wetangula was contributing to this Motion and he had 45 minutes remaining. He is not in the House and so---

Sen. (Prof.) Kindiki): On a point of order, Madam Temporary Speaker. To the best of my knowledge, debate on this Bill had ended.

Senate Majority Leader, the debate on this Bill had not ended. I was on the Chair when Sen. Wetangula was making his contributions and he had a balance of 45 minutes. This is not a timed Bill, so as many Senators that would wish to speak to this Bill are allowed to do so. Sen. Wetangula is not in the House. Any other Senator interested in speaking to this Bill?

Madam Temporary Speaker, thank you for the opportunity to make my contribution to this Bill. I feel that the intentions of this Bill are certainly very good. I also appreciate what this Bill is designed to achieve. Kenyans embraced the current Constitution largely because they were motivated by the desire to have devolution. They felt at the time that devolution would help them to achieve faster development. That devolution will improve service delivery and help expand the economies of the counties. In so doing, create more employment opportunities and help to reduce poverty. Furthermore, that devolution will reduce marginalization in---

Order! Sen. Obure, you have a balance of 13 minutes to contribute to this Bill. When it will be next on the Order Paper, we will give you the priority. Hon. Senators, it is now 6.30 p.m., and the Senate stands adjourned until Wednesday 30th 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.