Hon. Senators, I wish to make a communication on the date on which the Select Committee on the impeachment of the Deputy Governor of Machakos County would be reporting to the House. Yesterday, I had indicated that it would be Monday, 11th August, 2014 but because of the fact that the Committee was formed on Tuesday, those timelines have been revised to take into account the ten days that are necessary for the Committee to complete its work. So, the new date will be Friday, 15th August, 2014 at 2.30 p.m.

Mr. Speaker, Sir, I beg to give notice of the following Motion: THAT, aware that Kenya is known for its splendid performance in athletics; noting that athletics is part of Brand Kenya; appreciating that Kenyan athletes are good ambassadors and have done the country proud; noting further that the Kenyan team took part in the recently concluded 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, I hope you are seized of the Supplementary Order Paper. STOPPAGE OF TRANSFER OF FUNDS TO COUNTIES DUE TO GOVERNORS’ FAILURE TO HONOUR SENATE SUMMONSES

Mr. Speaker, Sir, I beg to give notice of the following Motion. THAT, whereas pursuant to Article 196(1) of the Constitution, the Senate represents the counties and serves to protect the interest of their counties and their governments; and whereas pursuant to Article 96(3) of the Constitution, the Senate exercises oversight over national revenue allocated to county governments; and further whereas the County Public Accounts and Investment Committee is mandated under Standing Order No.212(3) of the Senate Standing Orders to, amongst other things:- (1) exercise oversight over national revenue allocated to County Governments pursuant to Article 96(3) of the Constitution; (2) examine reports of the Controller of Budget on the implementation of the budgets of the county governments pursuant to Article 228(6) of the Constitution; (3) examine reports of the Auditor General of the annual accounts of county governments pursuant to Article 229(7) and (8) And pursuant to Article 125 of the Constitution, the Senate Public Accounts Committee invited the following governors in their capacities in accordance with Article 179(4) of the Constitution as the Chief Executive Officers of their respective counties to appear before it to respond to audit queries that were raised by the Auditor General pursuant to Article 229 of the Constitution:- (1) Gov. Isaac Ruto of Bomet County; (2) Gov. Jack Ranguma of Kisumu County; (3) Gov. William Kabogo of Kiambu County; and (4) Gov. Mwangi wa Iria of Murang’a County; 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. Speaker, Sir. May I request that you authorize us to get copies of that Motion so that we can look at it in detail.

The Motion should be circulated to all the Members. Next Order!

Mr. Speaker, Sir, there was a Statement which was sought from the Committee on Roads and Transportation by Sen. (Dr.) Machage. I would like to issue it now. This is the Standing Committee on Roads and Transportation Statement pursuant to Order No.45(2)(b) on status of Isebania-Kehancha-Gwitembe Road (E166) and Muhuru Bay-Migori-Kehancha-Ngorenkore Road (C13). Mr. Speaker, Sir, on Tuesday 22nd July, 2014, the Senator for Migori County, Sen. (Dr.) Machage, requested for a Statement from the Chairperson of the Standing Committee on Roads and Transportation regarding the Status of Isebania-Kehancha- Gwitembe Road and Muhuru Bay-Migori-Kehancha-Ngorenkore Road. In the Statement, the Senator wished to be informed of the following:- (i)whether the Ministry of Transport and Infrastructure is aware that the two roads stated above are in a dilapidated state; (ii)whether the Government of Slovak Republic is financing the construction of the road E166 to the tune of Kshs4.3 billion loan and the reasons why the construction of the road has stalled; (iii)whether China Wu Yi Construction Company was awarded the contract to construct Road C13 and why the construction has not taken off; and, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, today is the worst day of my stay in this Senate to be directly insulted by the Ministry of Roads and Infrastructure over the status of the Roads E166 and C13 which are currently not even better than cattle tracks, but I am being told that they are satisfactorily motorable. I could not even pass with my V8 four-wheel drive vehicle. I had to alight to reduce some weight for it to negotiate some 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 was also listening to the answer from the Chair of the Committee and I sympathize because may be they never even had time to interrogate the Statement. If at all they did, then a lot needs to be answered. You even heard in the Statement that part of the road has been left for the county to work on and they are talking about 22 kilometres. The Ministry of Roads and Infrastructure owes Kenyans a lot in terms of whatever they are supposed to be constructing and maintaining.

Order, Senator. It is time for clarification.

Mr. Speaker, Sir, I am not just talking about the two roads but I believe there are quite a number in Kenya where the Senate needs to tell the Ministry to be much more serious. They maybe saying that the contractors are on the roads---

Order, Sen. Mositet. I will rule you out of order. This is a specific Statement referring to specific roads. You will have an opportunity to address other roads on Wednesday next week at 11 a.m.

Thank you, Mr. Speaker, Sir.

Proceed, Chair.

Mr. Speaker, Sir, regarding Sen. (Dr.) Machage’s reactions, we could perhaps give a response when we come during the next session maybe the first Thursday after recess because he wants us to visit that road and ascertain its status. We shall have ensured that we know the proper position and also get the report that he requires the contractor to supply.

Order, Vice-Chair. Are you confirming that you will visit the site before then because one purpose of recess is to allow Committees more time to do their work?

No. Before then it cannot be possible because it involves many stakeholders. We will require more time, about two months. If I consider the programme we have, we are not going to that region immediately. We are prepared to go to other regions but we shall ensure that we get satisfactory information on what he requires. It is the visit that I am saying it may not be possible but we can do it later.

What do you say, Sen. (Dr.) Machage.

Mr. Speaker, Sir, you have heard the level of marginalization and discrimination on certain parts of this country. Now, Migori County is put on the forefront and that it cannot be visited because other areas must be visited first. It is unfair. Could the Chair say when she will visit the site before the recess is over because the meteorological department has forecasted El Nino and if I cannot pass through that road with a four-wheel drive vehicle, what will happen? I cannot afford a chopper neither can my people from the county to take them home. 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, it is very clear from the concern being raised by the distinguished Senator for Migori that it is unlikely that the Vice-Chair answering or giving the Statement may have ready answers for those interventions. Since the Cabinet Secretary is coming to the Senate for a plenary with Senators on Wednesday, perhaps it would be a good idea if those anger-laced questions from Sen. (Dr.) Machage can be reserved for Wednesday so that the Minister can answer us properly.

Mr. Speaker, Sir, I would also urge my colleague, Sen. (Dr.) Machage, that we are having a meeting with the Cabinet Secretary next week and I will make sure that I put forward some of these concerns. Therefore, I urge him to wait for next week to get comprehensive answers like the arrangement between the county governments and the national Government.

I think Sen. (Dr.) Machage, you have an opportunity on Wednesday because the meeting will be discussing all the reports but I want to direct the Committee that your programme must be aligned to realities and concerns of the Senate. If a Senator has raised a matter like the one by the Senator for Migori, then you need to also re-adjust your programme so that you can factor in that before the recess is over. In any case, you have promised the House that you will give a report the first week we resume. It would be good if you visited the site to satisfy that kind of description. It is so ordered, Vice-Chair. Sen. (Prof.) Lesan! Who is Temporary No.4?

Mr. Speaker, Sir, it is me.

What is it, Temporary No.4, Sen. Kiraitu, for the record?

Mr. Speaker, Sir, I forgot my card at home. That is why I am called “Temporary No.4”. The matter I wish to raise regards the anticipated visit to the Committee of the Whole by the Cabinet Secretary for Transport and Infrastructure. It is good for the Chairperson of the Committee to give a proper brief to the Cabinet Secretary about our expectations because he might come here to give us the general presentations that they usually do when they appear before us. We have raised certain specific issues. Can the Cabinet Secretary be requested to deal with the specific issues that we have raised with him first before they give us their broad framework about what they intend to 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.

Mr. Speaker, Sir, we shall advice accordingly. But I would like to request that the copies of the report that I presented the other day be circulated to hon. Senators because I saw some of the answers they had asking for. If there are other issues not included, at least the explanation part can be given. I think the report that we tabled was quite comprehensive.

The report was tabled yesterday for the purpose of ensuring that Members have sufficient time to read it. Sen. Sijeny, it is still important that you let the Cabinet Secretary have a sense of the expectations from the House because maybe they have not been following the proceedings. Sen. (Prof.) Lesan. STATE OF THE NATION’S PREPAREDNESS TO PROTECT KENYANS FROM AN OUTBREAK OF EBOLA

Mr. Speaker, Sir, I rise to request a statement from the Chairperson of the Committee on Health regarding the following:- (1) What is the state’s national preparedness to protect Kenyans from the Ebola virus? (2) What information should the public know on the signs and symptoms of the Ebola virus at the onset and in progress? (3) What action is the Government taking at all entry points into Kenya especially, airports and sea ports? (3) Is there is any concerted and collaborative effort by Kenya and neighbouring nations to prevent the Ebola virus from entering their territories?

This is directed to the Committee on Health. Yes, Sen. (Dr.) Machage.

Mr. Speaker, Sir, on behalf of the Chairperson and the Vice Chairperson who are not in the House, I am a Member of the Committee and I wish to respond as follows:- I appreciate that this is a very important statement that has been sought by the Member, who is also a Member of the Committee on Health. I believe it is for the purpose of immediate information to the public that he has raised his concern. The House is going on recess; the statement may not be answered immediately in the House. The first sitting of the House after the recess will be appropriate. But I will pass this information to the Ministry to have this information availed in the media even before the answer is brought to this House because of the importance and urgent nature of this question.

Let the matter be seized by the Committee. As you are saying, also for public consumption, the media will be a good avenue to do so. The full report should come to the House as reporting implementation rather than proposed actions. 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, mine is on a point of procedure. Though I appreciate the issue is of public interest, I was wondering whether it is in order that when we request for a statement we agree that the response be aired in the media instead of bringing the answer to the House. Is it in order?

Good question. But the point is really a statement being sought from the relevant Government agencies on what they are doing. Given the immense public interest on this particular matter, this information needs to go out there to the media. The Committee can act as a catalyst for the relevant Government agencies to relay the message. Any more comments on this matter? Yes, Sen. Wetangula.

Mr. Speaker, Sir, allow me to raise a brief point on this and a request for a statement that I am expecting which I do not see on the Order Paper. Ebola is ravaging West Africa. The British Broadcasting Corporation (BBC) announced that this morning the President of Liberia declared it a national disaster and has declared a state of emergency to curb the spread. The BBC also announced that a doctor from Saudia Arabia who was in Sierra Leone arrived in Saudi Arabia and died. There are some Americans who are being quarantined in America having visited West Africa. Most of the victims in West Africa are, in fact, medics who were handling patients. Since we are going on recess, I would implore you to issue some directives from the Chair other than wait for the Committee, to direct the Government to take urgent steps in terms of public awareness, tighten screening at our entry points and have serious preparedness in the event we have any Kenyan that could contract the virus. More particularly, Kenyans travelling to and from West Africa and our West African brothers and sisters who travel to Kenya need to be thoroughly screened. As you know Nairobi is a major hub, being a transit point from the West to the Orient and particularly also being a very busy route for Kenya Airways. I would urge you not to wait until the recess is over for the Committee to bring a statement, which I hope they will bring, but for you to issue some direction from the Chair which the Government can pick up. IRREGULAR RETIREMENT OF MR. FRANCIS AWOLI AND MS. JACKLINE MUGO FROM THE NSSF BOARD Mr. Speaker, Sir, my second point is that I am expecting a statement over the ignominious and unlawful removal of Francis Atwoli and Jackline Mugo from the Board of NSSF. We were promised that this statement will be delivered within two weeks, which are long over. We are meant to proceed on recess, but the statement is not listed on the Order Paper. 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 the first issue, Sen. Wetangula, it is a very good suggestion but I am very reluctant to start assuming executive functions from the Chair of the Speaker of the Senate. Two, the Chairperson of a committee has sufficient powers as the Chair to interrogate Government and agree with the Government agencies on the way forward, including definitely, the suggestions that you have made on this Floor, which I would imagine any sensible Government agency, and I believe they are sensible and responsive, they will do so. Our job is just to ensure that, that has been acted upon and if there are any other loopholes, then we can close them and ensure that the safety of our people is guaranteed. On the second issue, I would expect the Committee on Labour and Social Welfare to respond in the course of the deliberations. Sen. (Prof.) Lesan.

Mr. Speaker, Sir, the seriousness of the issue has been raised and I appreciate your directives as you have mentioned. There is a world conference in Guinea in West Africa in the next two weeks. I am sure there should be some delegation from this country going to that conference. That emphaises the significance of us being aware of what is going on. I am happy that the Committee on Health which was going to attend that meeting from this Senate has resolved that they are not going. I hope that they stick to that position because we want to be careful about this because the consequences of this are worse than terrorism. We should be careful about this as much as possible.

Maybe, from the Committee, how fast can you get this done?

Mr. Speaker, Sir, I believe with your instructions today the committee will be calling for an urgent meeting with the Cabinet Secretary for Health, as urgent as tomorrow if possible or the day after. After the meeting the information can be disseminated to the Press because the House will not be meeting. Secondly, the African World Health Organisation (AWHO) meeting was to take place in Benin. Two of us from this House, myself and Sen. Kisasa were supposed to attend, but we have declined to go for obvious reasons.

Chairperson, Committee on Labour and Social Welfare, what do you have to say on the statement that was sought by Sen. Wetangula?

I thought I got a request from Sen. Sang. Where is he?

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Sorry, Mr. Speaker, Sir. I was consulting the Senate Majority Leader. I want to apologise to Sen. Wetangula, the Leader of the Minority. We agreed and gave an undertaking that we were going to respond to this issue in two weeks’ time. It is now one week after the deadline. We sought the statement from the Attorney-General. We have done a lot of follow up but the Attorney-General responded to us that the right information would come from the Director of Public Prosecution (DPP). That is still pending. The DPP has not responded. I have just intimated to the Senate Minority Leader that I mischievously requested for the same statement from the Minister of Labour. He responded but since this was a statement sought from the Attorney-General’s office and since we are meeting the Attorney-General on Tuesday, one of the agenda issues that we intend to discuss with him is the delay that this House continues to get from the Attorney-General’s office in terms of responding to statements sought by this House. I, therefore, request that the House still grants us that indulgence, so that within the first week from our recess, we should be able to respond to this question. But I also undertake that, as a Committee, when we meet the Attorney-General next week on Tuesday, that will be one of the issues that will be addressed. I, therefore, seek the indulgence of the Senator for Bungoma County to give us a little more time on this issue.

Mr. Speaker, Sir, the distinguished Senator for Nandi has explained to me. I will be ready to wait for the statement from the Attorney-General’s office as I suspect any answer from the Ministry of Labour will be purely self serving and inadequate because they will be protecting what they have done unlawfully. RECRUITMENT OF POLICE OFFICERS

Mr. Speaker, Sir, I rise on a matter of national concern regarding security. Last month, there was recruitment of youth to the police service. It is alleged there was corruption in the recruitment. We reported this matter. However, we do not have a way forward on whether this issue was banned or it still continues. I want to get this information from the Committee on National Security and Foreign Relations.

Order, Sen. Bule. Maybe you were not in the House last week. That matter was dealt with. The statement had been sought by Sen. Daisy Kanainza. It was answered by the Chairperson of the Committee on National Security and Foreign Relations. So, that matter was concluded last week. We cannot revisit it. Sen. Kanainza, I thought I had represented you effectively. What is it?

Mr. Speaker, Sir, the Committee was to come back with information on whether the whole process of recruitment would be cancelled or not as we wait for the commission that is investigating the matter to go on. I believe Sen. Bule of Tana River County is right to ask that question.

When were they to bring that information? 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, now that we were to go on recess last week, you advised that this should be done when we meet again. Now that we are in the House today, I believe they are able to give feedback on the same.

My response of last week still applies this week since today, just like last week, we have a Motion on proceeding on recess. So, let us wait for the resumption after the recess. Sen. Elachi, proceed. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 12TH AUGUST, 2014

Mr. Speaker, Sir, pursuant to the provisions of Standing Order No.45, I wish to draw the attention of the Senate that in accordance with our calendar, the Senate will adjourn this afternoon until Tuesday, 23rd September, 2014 as indicated in the Order Paper. As Senators are also aware, the matter of impeachment proceedings in respect of the Deputy Governor of Machakos County is before a Special Committee which has ten days to present its report. Therefore, I want to notify Senators that the Speaker will at some point convene a Special Sitting to deliberate on the report of the Committee. Let me take this opportunity on my own behalf, and on behalf of the Rules and Business Committee, to thank you for your efforts during the current second session which has been productive in terms of Bills introduced and passed and Motions and Statements considered. It is worth noting that all the important legislation such as the Division of Revenue Act, 2014 is behind us after the process of mediation as it has already been assented to and so is the County Governments (Amendment) Act, 2014, sponsored by Sen. Sang, which also went through the mediation committee. In particular, this week alone, the Senate has passed three significant Bills amongst them the County Allocation of Revenue Bill and as you can see on the Order Paper, two more are scheduled for Committee of the Whole. I, therefore, applaud all Senators and wish you all the best as you interact with your respective counties and especially in actualizing or operationalizing the County Governments (Amendment) Act, 2014. I hereby lay the statement on the Table.

I think we need to applaud the Chief Whip for commending us.

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Hon. Senators, arising from that statement, I have one point which the Chief Whip mentioned, about a special sitting to deliberate on the report of the select committee. I had communicated a while earlier that, that will be on Friday, 15th August, 2014 at 2.30 p.m. The second one is that there will be a Committee of the Whole next week on Tuesday, 12th August, 2014 at 10.30 a.m. where the Committee will be engaging the Attorney-General of the Republic, the one Prof. Githu Muigai. On Wednesday, 13th August, 2014 at 11.00 a.m., there will also be another Committee of the Whole where we will be interrogating the Cabinet Secretary in charge of Transport and Infrastructure. OPERATIONALIZATION OF THE COUNTY GOVERNMENTS (AMENDMENT) ACT NO.13 OF 2014 Finally, one communication from me; hon. Senators I am pleased to report to you that the County Governments (Amendment) Act No.13 of 2014 was assented to on 30th July, 2014 and subsequently published on 4th August, 2014. This, therefore, means that the commencement date of the Act is 18th August, 2014.

As you are all aware, the Senate approved the report of the Mediation Committee on the County Governments (Amendment) (No.2) Bill, Senate Bill No.4 of 2013 on 9th July, 2014 after the National Assembly similarly adopted the same on 3rd July, 2014. Hon. Senators, you will note that in accordance with the new Section 91(a)(7) of the County Governments (Amendment) Act, a County Development Board (CDB) is to be established in each county within 30 days of the commencement of the Act. Thus in accordance with the law, the CDBs should be established and convened in each and every county on or before Thursday, 18th September, 2014. Copies of the said Act are available at the Senate Journals Office opposite the entrance to the Senate Chamber on the Ground Floor, Main Parliament Building. Hon. Senators, I also wish to take this opportunity of this Act to also make the following remarks: That a false and malicious impression has been created that the Senate intends to usurp the executive powers of governors and to control the billions of shillings for development in the counties as the law establishing the CDBs becomes operational. Nothing can be further from truth. Such allegations are false, misleading 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.

On a point of order, Mr. Speaker, Sir. I want to thank you for giving that communication. For a long time, this House has been taken for granted because of the fact that as Senators, we have always held ourselves in dignity and decided not to react to every statement or speech made in this regard to safeguard the dignity and respect of this House. I want to thank you because the points you have given, particularly the reasons behind that law are very noble indeed. As we speak, many Kenyans, as a matter of fact are quite appreciative because of one important reason; that, our Constitution underlines one matter that is very important and this is consultation. In every Chapter of this Constitution, one thing that is emphasized is consultation; in the process of making laws, in making budgets, in integrated development plans and everything that has to be done, be it at the county level or at the national level, public consultation is critical. This law has brought together leaders of a county. There is a perception that has been created by County Governors that hon. Members of Parliament; National Assembly and the Senate are not Members of the county. That is a notion that is going round. We are being referred to as 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.

Remember you are on a point of order, Sen. Billow. Please, conclude.

Mr. Speaker, Sir, I will conclude. It, therefore, does not make sense for people to argue that those leaders who have been elected in the counties cannot--- The statement that you made makes it very clear that we have a responsibility and a mandate. We have a stake in the county in the same way that the county governments have. It is important that we have that board so that we can all share in the planning and development of our counties. We are not interested in running county governments.

On a point of order, Mr. Speaker, Sir. I want to thank you for the communication. This message should go clearly to our Governors. They should not just look at the issue of finances as one way of violating the Constitution or going against the will of Kenyans. I want to tell them this afternoon that the Constitution is being violated in very many ways. We want it to be clear that the issue of representation of people with disability within county governments is wanting, right from the county assemblies up to the employment processes. These are the things that the Senate should be looking at. The Senate, as the custodian of the county governments’ interests, will be looking into these issues. So, it is very important for this Board to help us to look into details of how county governments are being run. We should put everybody on the board. As a legislator with a disability, I am very happy. I support the Board to be in place. My prayers will be answered through these Boards. Issues concerning people with disability will be anchored through these boards. Agitating for people with disabilities within the county governments will be looked into. I support.

Asante, Bw. Spika, kwa usia ambao umeutoa leo. Ilani imeshatolewa kwa muundo msingi ambao umewekwa wakfu hasa kwa kutekeleza na kuunda kamati ya halmashauri ya maeneo ya ugatuzi katika kaunti. Tunajua kwamba wiki hii, magavana walikutana na kuafikiana kwamba hawataheshimu wala kuhudhuria vikao vya kamati hii. Ningetaka wajue kwamba kuna sheria. Korti haijaamua kwamba sheria haitafanya kazi. Ni jukumu lao kuheshimu sheria. Jana, niliongea na Gavana wa Migori na hatukuafikiana. Alianza kuteta nami nikamwambia sheria ni lazima itekelezwe. Wakati wa mtu mmoja kuamua maendeleo na utekelezaji umepita. Tungetaka kuona Migori ikionekana Kenya nzima kwamba ina mipango kamili inayotekelezwa kwa utaratibu. 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, I want to urge that when we are in this kind of situation, please, do not deal with specifics. Let us deal with the general or the principles.

.: On a point of order, Mr. Speaker, Sir. I want to thank you for communicating to the public that whatever they are reading out there about county boards is completely false in terms of the law. I want to confirm that the county boards comply with the law and that at no time, whatsoever, did this Senate pass any Bill that was signed into law insisting that we want to control funds. In addition, it is fair that I saw that unlike what the nay-sayers are talking about, the National Assembly passed the CDF Act and sections 36 and 37 contain a committee known as the County Projects Committee. The County of Makueni proudly formed this Committee which includes the Governor. So, the model we have at the county level is similar to a law that already exists. Therefore, if that was assented to at that particular time, then the one that has been assented to by the President is also constitutional. I urge Senators to go out there to educate the public. It appears that we, Senators, are supposed to do civic education on people who were elected if they do not understand what the law requires. If the County Governments Act says that the County Integrated Development Plan (CIDP) of every county will be done in public with all elected leaders, that is already an integrated plan. If we talk about spatial plans to be done with all elected leaders, I see no reason why somebody should think that this law specifically excluded Senators. If Parliament, in the last session, excluded Senators from management of counties and issues involving counties, nothing would have been easier than for the law to say so. It is fair that we tell the public that they elected us to participate in the projects. Lastly, since this Senate has been given a very specific jurisdiction by the people of Kenya under Article 96 which is the “determination” – the word “determination” is very important because it is equivalent to the word “judgment.” If this is about passing judgment on how much money should go into each county, we have an equal right, if not a converse right, to go out there and find out how the money is being spent. Hon. Senators, I would like to say, without fear of contradiction that we are within the law and should keep our heads high because it is this Senate that will save devolution in Kenya.

Thank you, Mr. Speaker, Sir. I want to thank you for communicating to the nation. From the word go, I request, if possible, using the powers of your Chair that we put your statement in the dailies. The statement was quite clear and will clarify the falsehoods that have been preached out there. The public will also know the truth about this matter. The whole country knows that this Senate is a House of wisdom. When the Board is formed at the county level, I have no doubt that for sure; we will defend our counties properly since we will know exactly what we are defending. Once again, I want to thank you for that communication. I believe that those who had preached a lot of falsehood will read something from 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. Speaker, Sir, for that very important communication. It is true that devolution has many actors and has been misinterpreted especially at the county level. This has been misinterpreted by the Governor to mean that devolution and development is their responsibility. This is the responsibility of the elected leaders, nominated leaders and that of all citizens. That is why at the various articles, participation is encouraged. For us, intuitively, this would be the only logical forum where everybody can come on board at the county level. I suggest that a mechanism be put in place to ensure a broader participation from other stakeholders in whatever form possible so that everybody can come and dream about their county, plan and look at the development plans and look at ways of conceptualizing them and operationalising them. Finally, they should also look for a way to come back and see whether what they set out to achieve has been achieved. If the dreams and ideals of our Constitution are to show that there is enough consultation, participation and accountability to be attained, then they cannot be attained in this Board. For a long time even as we began, the whole importance of the oversight role, especially that being played by the Senate was going to be very critical for us. I do not think we have any apology to make to anybody because we are the ones who are the custodians of our counties and we are taking up that responsibility. We are not doing that to please the Governors or anybody else. We are doing that because we are the Senate of the Republic of Kenya and we want to see devolution work. We want to see a difference in all the counties that have begun to dream. For the first time, some counties have actually begun to see a figment of development, courtesy of devolution. If it takes the County Development Boards to make that devolution work, so be it. Let those County Development Boards come on board and let us see the difference they are going to make. Thank you.

Mr. Speaker, Sir, I want to thank and congratulate you for the very clear statement that you have made regarding the boards. I think the Governors have misinterpreted their role in the counties. To exercise executive functions means that you are the person to implement. Issues about conceptualization; dreaming about the counties are for everybody. There is nothing which can prevent Senators, who are the most experienced politicians in the counties. It would be a tragedy to remove them from providing ideas about development of their counties. I think this is a very good forum for us to meet with all the other leaders to share ideas. Once we agree on what should be done, the Governor can go and implement what we agree. I see it largely as a sitting room in your own house where the children sleep in their own bedroom or with their grandparents when they visit them and then we meet at the sitting room all of us. What there is now is that the Governor is hiding in his own bedroom, the County Commissioner is in his bedroom, the Member of the County Assembly (MCA) is in his bedroom, the Member of Parliament (MP) is in his bedroom, and none is coming out. So, what this forum provides is for all of us to come to the sitting room and discuss what is happening in our 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.

This sounds a bit popular, so limit your contributions to a maximum of two minutes.

Mr. Speaker, Sir, I want to join my colleagues in thanking you and congratulating you for the very well thought out communication that you have made to this House and the nation at large. This goes a long way in correcting the falsehood that has been created out there that the Senators want to usurp the powers of the Governors and be in charge of funds. Nothing could be far from the truth. On the contrary, we do not want to be in charge of any funds. We know our constitutional role is legislation and oversight and we will stick to that. It is so refreshing to hear from Sen. Mutula Kilonzo Jnr. the assurance that we were perfectly in order and the Bill that was passed that is now an Act is constitutional. Article 96 (1) of our Constitution tells me that the Senate represents the counties and serves to protect the interests of the counties and their governments. How am I going to protect the interests of what I do not know? The purpose of this Board is to create a nexus. This was the missing link. As I come to the Senate in Nairobi to represent my county in Nairobi, I need to know what is happening on the ground. There is no other forum that makes me meet my Governor and the other leaders in the county other than this Board. So, we want to tell them that this is perfectly in order. If there is anything they were trying to hide, their days have come to an end. We are there and they have to know that there is a new Sheriff in town. We will not relent on our constitutional duty of ensuring that devolution works. That is our duty and we will do all we can to ensure that Kenyans reap from the devolution that they voted for. Thank you.

Mr. Speaker, Sir, I would like to join my colleagues and thank you for giving this very elaborate communication to clear the air of the misconception that is being spread around mainly by the Governors. We voted for a Constitution which came up with the devolved units of governance and we have counties in place. What 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. First of all, I would like to congratulate you for giving a well thought out, intelligent and very solid statement for posterity. You never disappoint in this House. Every time the occasion presents itself, you are always being that great Speaker - and lawyers know that there was a renowned judge in the House of Lords called Lord Dening who always never disappointed. You are the Lord Dening of this House. I would like to, first, say that when the people of Elgeyo-Marakwet elected me to be a Senator, the issues that we presented to the people as to what the county would do to them, we never presented to them abstract issues. We talked about roads, water and other development. It can never be an excuse for my people that if I visit them this weekend, that I go and tell them that I do not know what is happening in the county; that if they ask how far a certain road construction or a water project has reached, I tell them that I do not know. This business of passing the buck between this leader and the other leader will come to an end because then the leaders will have what we can call a global picture of what is happening in the county and, therefore, accountable to the people out of knowledge. Mr. Speaker, Sir, this Senate in Article 96 is the umbilical cord between the county governments and the national Government. There is no way the county can be fed without the cord being able to connect the food from Nairobi to the various parts of the county. You cannot tell me that it will be wrong for me to send food to children who are at the local level and you tell me not to ask whether the food is being eaten by the children or the housemaid. We have to sit down and make the decision together. The greatest beneficiaries of this law are the Governors, because in the absence of information by the other leaders, it has forced in the last one year--- Without mentioning the particular counties, there are some counties where some Senators, MCAs or MPs are organizing The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for that communication and also to bring two aspects on this County Development Board which have not been much talked about. We are all on a five year mandate including the Governors. Some of the very good programmes that the Governors may have, we wish them well, but not all of them are going to find their way back to their seats, and each one of them would wish to see the programmes that they started still progressing even when a new Governor takes office. Unless there is a body of leadership in that county which can ensure that the development which started with the last Governor is still continuing, there will come in another Governor who will rubbish it. At the same time, none of the current Governors, just for the record are going to be there ten years from today. It, therefore, means that some of the programmes which the county governments will be doing are long-term; well past their five-year mandate. As per the Constitution, wananchi can say whatever they want or through their leaders. The body which will ensure that the aspirations of people continue from one regime of governorship to the other is the County Development Board. Mr. Speaker, Sir, if the Governors were to get it clear, they would support this board more than anybody else, because it is the one which will safeguard their legacy 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. When we were going for elections last year, there was a general belief in the Republic of Kenya that Governors should be people with managerial capabilities. It was a general assumption that Governors should be professionals. If you read Article 179 of the Constitution, it says that the executive authority of the county is vested in and exercised by a county executive committee. The chief executive of that executive committee is the Governor and the deputy chief executive is the Deputy Governor. Mr. Speaker, Sir, if you look at a corporation like Kenya Airways, you will find that the Chief Executive Officer (CEO) is Mr. Naikuni. Then he has a Board of Directors which is chaired by a chairman, without necessarily keeping way the CEO as a member. Now, I liken this County Development Board to a board of directors; the owners and runners of the company. The executive function of running that company is given under Article 179 of the Constitution. You cannot possibly be a CEO and then chair the board of directors. It happens nowhere, because you need the board of directors to give you advice. If you look at the amendment to the Act, it says exactly that this board is an advisory and consultative board that facilitates participation of the directors in one kind of consultative meeting. Nowhere in this amendment does it say that this board assumes executive powers. I have not seen it. Secondly, there has been a rumour going on that Governors are secretaries. What I see in the amendment is that the Governors are deputy chairpersons. In their absence, the Deputy Governor becomes the deputy chairperson. If the Chairman is not there, they assume the Chair. So, this amendment is so democratic and fair that to subvert it by rumours and innuendos means that the Governors fear to be advised and consulted. This is completely against the Constitution because participation and consultation is enshrined in the same Constitution. So, I think that it should be made very clear to the Republic of Kenya that this amendment and mediation was done by people who are very well informed about the Constitution and have good intentions for the counties. Mr. Speaker, Sir, I think that we stand on very good grounds and by your encouragement, we should go ahead and start this process. I am quite sure that right thinking Kenyans will realize that what we are dealing with is some kind of impunity. As Ayi Kwei Armah said “the beautiful ones are not yet born,” I am beginning to feel that with regard to impunity, the guilty ones are not yet born. This is because those who are guilty do not seem to accept that they are guilty of certain things and they go on rooftops and claim their innocence when their intentions are quite wicked. Mr. Speaker, Sir, I would like to appeal to my fellow Governors that we mean very well. We want to consult and advise. In the final analysis, as many Senators have said today, this board is going to be very useful to them in terms of improving their executive functions and having a sounding board, to find out what it is that may be going 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.

Senators, time is not on our side. I think that we have ventilated on this matter. It was a Communication from the Chair and not a debate. So, if the remaining ones can be very brief, I would really appreciate.

Thank you, Mr. Speaker, Sir, for the Communication that you have made from the Chair. As it is published today and tomorrow, the nation will understand better the truth about what is happening about the County Development Boards. Mr. Speaker, Sir, an example has been given about a board of directors and the one that we have formed. A simpler example closer home would be a board of management in a high school. The principal is the chief executive officer of a school, but the chairman with the board of management directs generally what is going to be done in that school. That is all we are asking. I wish the Governors had come to Mombasa when we had a seminar last week. If they had shared with us, they would have understood that we have no interest in the executive authority of a county, because we know that the Constitution gives that to the Governor. All that we want is to see that things are being done correctly in the counties. The Governors are going to come up with the issues of separation of powers and say that we are interfering with their executive authority. But that is all pretence, because, first of all, there is no clinical separation of powers that is going to keep a player, like a Senator of a county, from wanting to know and see how things are done in the county. That is why we want to disabuse the notion that Governors have; that Senators have no role to play in the events of a county and our work is to remain in Nairobi to make laws. But Article 96 is very clear. It is futile for anybody to think that we can be making laws and passing the Division of Revenue Bill and the County Allocation of Revenue Bill and then, allowing the counties to spend the money the way they want without any oversight from the Senators. I am a strong believer and proponent that our role as Senators is both collegial as a House of Senate and also individual in wanting to follow up and know what is going on in the counties. Mr. Speaker, Sir, I was very amused to see one or two Governors saying that because of this, they are going to do a referendum for the abolishment of the Senate. This clearly tells me that they do not understand devolution and what their roles are. This is because without the Senate and county governments, there cannot be any devolution at all. I think that there needs to be civic education. People need to understand that all we want to do is to see that the correct thing is done. I want to reiterate what one Senator has said; that this actually goes to underline and help the Governors in the governance of counties. With these boards sitting, there will be very few cases of impeachments of Governors. This is because we shall all be there and deciding or advising generally what needs to be done. We shall be oversighting with the full knowledge of what is going 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.

Before I call the next speaker, I wish to inform the House, in the spirit of even the Communication that I have made and as a national institution that is mandated by the Constitution to engage in public participation, that in the Public Gallery, there is a delegation of students from Tangul Primary School in Elgeyo-Marakwet County. We wish to welcome them to the Senate and confirm that their Senator is in the House.

Before then, there was a delegation from Marell Academy in Bungoma County. We also need to applaud them after they have left. They have to take turns because of limitation of space. We also want to confirm to them that their Senator is in the House and working very hard. He is part of the leadership of the House, specifically, the Senate Minority Leader.

On a point of order, Mr. Speaker, Sir. While appreciating the gesture that you have just showed to my good friend, Sen. Kipchumba Murkomen and the Senate Minority Leader, the whole of yesterday and Tuesday, we had serious delegations from Nandi County. It is unfortunate that the Chair did not recognize them, particularly on the very nice compliments that you have shared that their Senators are part of the leadership of the Senate, present in the House and actively contributing, I believe that I should have also benefited from those compliments.

Order, Sen. Sang! First, it was not brought to the attention to the Chair that you had those delegations. I would gladly have done so. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): On point of order, Mr. Speaker, Sir. We are proceeding well, but I was wondering, given that we have an equally important Motion by Sen. Khalwale this afternoon, if it would not be in order for my colleagues who would want to contribute to defer that contribution, because most of what we are saying now falls squarely within the relevance of that Motion. I seek the indulgence of my colleagues and the direction of the Chair.

I agree completely and will ask Sen. Muthama to indulge the House. I will give those who want to speak priority. For clarity on my list, so that if I depart I shall immediately be alerted and held responsible, I have Sen. Muthama, Sen. Wako, Sen. Melly, Sen. Wamatangi, Sen. Mong’are, Sen. Kanainza and Sen. Hassan Omar. You will get an opportunity during Sen. Khalwale’s Motion on priority basis. Priority will then depend on certain circumstances; one, the Mover must move the Motion and the Seconder must be there to second. The Senate Majority Leader and the Senate Minority Leader must have their rightful places under the heavens. So, we will proceed accordingly if priority is not in a vacuum to overthrow the proper ordering of nature. So, let us move on to the next order. Chairperson of the Finance, Commerce and Budget, this is a procedural matter. Therefore, we should minimize the contributions. Sen. (Dr.) Khalwale’s Motion is where we expect a bit more of debate.

Mr. Speaker, Sir, I beg to move:- THAT, this House adopts the report of the Standing Committee on Finance, Commerce and Budget and, pursuant to the provisions of Section 17(7) of the Public Finance Management Act, the Senate approves the County Governments Cash disbursement schedule for the Fiscal Year 2014/2015 laid on the Table of the House on Wednesday, 6th August, 2014. Mr. Speaker, Sir, this Cash Disbursement Schedule has been prepared and submitted to the Senate pursuant to the provisions of Section 17 of the Public Finance Management Act (PFMA). This Schedule is prepared in accordance with the revenue 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. First and foremost, I would like to thank the Committee on Finance, Commerce and Budget. I must say that they have done a good job on the Division of Revenue Bill, the County Revenue Allocation Bill and now on the Cash Disbursement Report. Mr. Speaker, Sir, if there was any notion that the Senate of the Republic of Kenya intended to allocate itself funds, this schedule proves otherwise. In fact, this Senate is approving the disbursement of cash schedules monthly including the Conditional Allocation of Kshs733 million and the Level 5 Hospital funding to counties. In doing so, Mr. Speaker, Sir, in this financial year, this Senate has fulfilled its mandate in full. This schedule could not have come at a better time when we have formed the county boards. Every Senator here should carry the schedule to the first meeting so that we tell the public that every month; their counties will be receiving certain funds. Mr. Speaker, Sir, as we do so, I propose that we should find a method of disseminating this information to our counties so that people whom we represent can be sure that, in fact, counties have funds allocated to them every month until the end of next year. When we hold governors to account, we will be using this schedule to tell the people we represent that money is available. Therefore, there is no excuse why counties should not have development and people should not lack medicine or other facilities in hospitals in the Republic. Mr. Speaker, Sir, with those remarks, I beg to second.

Hon. Members, since there no more interested contributors, I would, therefore, put the Question. This is a matter affecting counties because even from the wording of it, you cannot escape from that fact.

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

Sen. (Dr.) Khalwale, I can help you. We can push the voting together with the next one. 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.

Exactly. That is what I wanted to ask for under Standing Order No.90.

I read your mind. Next Order.

Mr. Speaker, Sir, I rise to move the following Motion:- THAT, pursuant to Article 96(1) of the Constitution, the Senate represents the counties and serves to protect the interests of the counties and their governments, AND WHEREAS, pursuant to Article 96 (3) of the Constitution, the Senate exercises oversight over national revenue allocated to the county governments, AND FURTHER WHEREAS the County Public Accounts Committee is mandated under Standing Order No.212 (3) of the Senate Standing Orders to amongst other things- (1) exercise oversight over the national revenue allocated to the county governments pursuant to Article 96 (3); (2) examine reports of the Controller of Budget on the implementation of budgets of the county governments pursuant to Article 229 (6) of the Constitution and (3) examine reports of the Auditor-General of the annual accounts of county governments, Article 229 (7) and(8); AND PURSUANT TO Article 125 of the Constitution, the Senate Public Accounts Committee invited the following Governors in their capacities in accordance with Article 179 (4) of the Constitution as the Chief Executive Officers of their respective counties to appear before it to respond to audit queries raised by the Auditor-General, pursuant to Article 229 of the Constitution- (1) Governor Isaac Ruto of Bomet County; (2) Governor Jack Ranguma of Kisumu County; (3) Governor William Kabogo of Kiambu County (4) Governor Mwangi wa Iria of Murang’a County; AND WHEREAS, despite invitation by the Committee, the said Governors who were dully invited have failed and or refused to appear before the Committee to answer the respective audit queries raised by the Auditor-General with respect to whether or not public monies have been The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to second this Motion, because I think at this point in time, devolution should have been seamless; Governors should have respected the authority of the Senate and the Senate would be facilitating the development agenda of our counties. Mr. Speaker, Sir, let me also take this opportunity to also state my case. I have tirelessly tried to work with my county Governor to ensure that we meet the objectives and the vision of devolution. In doing so, I have tried to build a very harmonious and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. Today is, indeed, a very sad day for the people of Kiambu, this Senate, the Republic of Kenya and devolution. It is, indeed, heart-wrenching that the mother, father and protector of devolution has had to turn to pinching the child to enforce compliance. Mr. Speaker, Sir, even more unfortunate, is that the people who are bound to suffer from this move are the innocent wananchi ; the taxpayers who everyday struggle in their businesses and activities. Some of them are farmers who eke out a living honestly. They participated in the elections and elected leaders in full and firm faith that those leaders will represent them properly, adequately and competently. Mr. Speaker, Sir, just two days ago, when we were passing the County Allocation of Revenue Bill, as the Senator for Kiambu County, I lamented and made my concerns known to this House and the country at large, on the fact that on the allocation to Level 5 Hospitals, the Thika Hospital in Kiambu had a reduction of Kshs300 million from the last allocation. Against a budget of Kshs500 million, we were allocated Kshs87 million for Thika Level 5 Hospital. I declared here and do so one more time that there will be a crisis in that hospital, as there will be in other hospitals in the whole country. We need to be very clear and articulate on this, as we address the matter. First, I want to apologize to the people of Kiambu County. In my capacity as the Senator of Kiambu, I also want to assure them that I will endeavour and search high and low to make sure that they get their allocations, so that this fate is not suffered by innocent people. 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. Speaker, Sir. I stand on a point of order to request if it is possible that we reduce the time from ten minutes to five minutes, so that everybody can have a chance. If possible, let us have less than five minutes.

That is a very good idea. The next speaker will take five minutes or less.

Thank you, Mr. Speaker, Sir. I was on my last issue. The last report that was tabled by the Auditor-General to that Committee said that the only county that has complied with the requirements in the whole country, out of the 47, is Kwale County. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to make my contribution to this Bill and also to thank the Senator for Kakamega, Sen. (Dr.) Khalwale, for bringing this Bill. First, the principle of accountability does not apply to only one section of people. It cuts across every leader, whether you are a Governor, Senator, MCA, Member of Parliament or CEC. All of them remain accountable with regard to public money. Secondly, this should be very clear to governors that we are not in the process of witch hunting. A number of times, we have heard governors saying that the Senate is killing devolution. A number of times, this has been said in meetings and through newspapers. They say that Senators are killing devolution. When the County Public Accounts and Investment Committee (CPAIC) summons a governor to answer a question or queries regarding expenditure of money, do we say that the Senate Committee is trying to kill devolution? In any case, when a governor is called before the Committee to answer queries that means that the Senate is protecting the money that goes to the counties. Devolution means that we devolve money to the grassroots level. That is to that person who cannot access a good road, clean water and education. We want that money to go down there. When a committee of this House tries to investigate and to raise questions concerning the expenditure, governors use the media to say that the Senate is killing devolution. Where is the fear in governors coming from? Why is it that when governors are summoned, they fear turning up at the Committee proceedings? If they have spent the money in accordance with the law or if all the money has been spent very well and no single coin was lost, why should they fear facing the Committee to say how they spent it? I think there is something they are hiding. It is high time that we passed this Motion and ensured that the governors remain accountable. They should account to the last shilling. Article 96(3) gives powers to this Senate to oversight over revenue allocated to counties. Any county that does not comply or honour the summons from the Senate CPAIC should not get a second allocation unless they account to the last shilling. This House should not allow money to go to such a county. Governors must account for all the money to the last shilling if they still want to remain in office. People fail to understand that governors and even Senators will not be in office forever. One day, some of us will be governors. Probably, in future, some governors will be Senators. We are trying to address an issue that should be dealt with once and for all. Whether you are a governor or a Senator, you remain accountable and you do your job according to the Constitution. Lastly, Mr. Speaker, Sir, under what The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Bw. Spika, wahenga walisema: “Hayawi hayawi huwa.” Methali hii si hadithi za Alfu Lela Ulela, Hekaya za Abunuasi au ngano za paukwa pakawa. Hoja hii imetokana na utundu na utenda kazi duni wa magavana wetu ambao hawafuati sheria kama ilivyoandikwa katika Katibu yetu. Ni aibu kubwa kwamba leo, katika Seneti hii, tunazungumza juu ya Gavana Isaac Ruto, Jack Ranguma, William Kabogo na Mwangi wa Iria kwa kutokuwa na nidhamu ya kuheshimu sheria na mujibu uliowekwa katika Katiba yetu. Tabia yao mbaya yakutothamini sheria imeweka hatarini maeneo yao ya utawala na hawatapewa hela kipande cha pili. Juzi, walienda kortini na kupewa asilimia 50 za kugawa pesa mwaka huu. Wanaweza kuringa kwamba wana hela. Lakini, kuna mgao wa pili; asilimia 50 ambao umesimamiwa na Seneti hii. Hawatakuwa na nguvu za kuchukuwa pesa hizo kwa minajili ya maendeleo hata kulipa mishahara katika sehemu zao za kazi. Hii ni aibu kubwa ambayo wanaleta kwa uandaliaji wa mipango mizuri ya maendeleo ya maeneo ya kaunti. Labda baada ya kuongea tutapitisha kauli ili wasipewe ruhusa ya kuzichukua hela hizo kwa minajili ya kazi yoyote. Lakini naomba wakimbie hima iwezekanavyo ili wafike kwa kamati hii ya kusikiliza mashtaka ambayo tumeyapata. Si sisi tuliyowasilisha mashtaka hayo. Haya ni mashtaka ambayo yametoka kwa yule katibu karani mkuu wa hela za serikali. Kuna mambo hapa. Hela za Serikali hazikutumika vizuri. Hela za uma hazikutumika vizuri katika maeneo ya magavana hawa. Wanafaa kuleta stakabadhi ambazo walizonazo na kueleza kikao hiki ambacho kiliwaomba kufika kwa heshima taadhima, mara mbili, tatu hadi tisa. Wengine wamepata nguvu za kuandikia kamati hii ambayo imeundwa na sheria ya Kenya. Hili ni jambo la ufidhuli na unafiki kwamba hawa wameanza kujifanya wafalme. Wamesahau kuwa wao ni watumishi wa wananchi. Bw. Spika, natoa mwito kwa magavana wa sehemu nyingine iliwajue kwamba sheria ipo. Vipengele vipo na vyote vilisomwa hapa na mhe. (Dr.) Khalwale. Alivisoma vipengele 99, 93,229,125 vya Katiba na hasa kile cha nguvu zaidi, kile cha 225 ambacho kinaipa Seneti hii nguvu za kusimamisha utoaji wa hela kwa sehemu hizi. Litakuwa ni jambo la kusaga meno na kulia ikiwa wale wachache na wengi waliowachwa mashinani hawatajua kwa nini mipango yao ya kimaendeleo imekatizwa. Ni kwa nini mishahara yao imesimamishwa na kadhalika? Hii ni kwa sababu ya uzembe, ujeuri na kutokutii kwa The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Bw. Spika ninakushukuru kwa nafasi hii ili niweze kuunga mkono Hoja hii ambayo ni ya maana sana. Vile vile nimefurahishwa kwa sababu matamshi yako ya hapo awali yameweza kutuelekeza pahali tunataka kuelekea. Kwa ufupi, ningetaka kusema ya kwamba, sisi wote tulioko hapa tulichaguliwa na kura ya mwananchi. Kura tuliopigiwa ilikuwa ni ili tuitumikie Taifa letu. Jambo la kushangaza ni sarakasi na kassheshe ambayo inaendeshwa na magavana. Hivi leo, Seneta hawezi kusimama katika kaunti yake na kusema, kwa mfano, pesa yetu ilikuja kiasi fulani na imetumika kiasi fulani. Hawa magavana wamejitunukia madaraka ambayo hawajapewa na mwanchi wala Katiba. Sen. (Dkt.) Machage amesema kwamba wameajiri mabibi wao na mtu mwingine hawezi kupata kazi. Gavana anataka aitwe Mtukufu na mke wake ni Mtukufu Mke wa kwanza wa Kaunti. Kuna moja wa CEC alifutwa kazi kwa sababu alisimama na kuwatambua kama Mhe. Gavana na mke wake. Alikosa kusema Mhe. Mtukufu Gavana na Mhe. Mtukufu Mama wa Kwanza wa Kaunti. Hivi leo, Wawakilishi wa Wadi (MCAs) hawakai katika vikao vya mpangilio wa bajeti ambayo inapangwa katika kaunti. Inapangwa na Gavana na chokora wake ambao amechagua na kuwaweka kuwa CECs. Hiyo bajeti ikitoka pale, hakuna Mbunge anayehusika. MCA hajui ni jambo gani linatendeka. Bw. Spika, uongozi umetoka kwa Serikali kuu hadi kwa Gavana. Kwa hivyo, ili tuweze kupiga hatua na kuenda mbele, inafaa tuunge mkono Hoja hii kwa sababu inafutana kwa karibu na zile kamati ambazo tutatengeneza za maendeleo. Katiba imesema kwamba kazi ya Seneti hii ni kuangalia, kufuatilia na kusimamia vile hela za umma zinatumika, halafu Kamati ambayo imetengenezwa kulingana na sheria ya Taifa hili inaandika barua kwa Gavana kumuuliza kufika kwa Bunge kwa sababu mgaguzi wa hesabu ya kitaifa ameweza kuonyesha kwamba kuna uporaji ama uharibifu wa fedha, na Gavana anadinda kufika. Badala yake anamtuma karani ama katibu wake kuhudhuria kikao hicho. Rais wa nchi hii mwenyewe nililimnukuu akisema kwamba akiitwa na kamati yoyote atahudhuria. Kama Rais wa nchi anasema wazi wazi na katka uwanja wa kitaifa akihutubia wananchi ya kwamba akiitwa atahudhuria, unawaweza kufikiria magavana wana hadhi ya juu kuliko Rais wa Taifa. Mmoja ameunda akaunti yake ya benki ya kutumia pesa za kibinafsi ambayo ni ya kisiri, na alipoulizwa ni kwa nini ana hiyo akaunti, alisema kwamba, hakuna mtu ambaye anauliza Rais Kenyatta kuhusu akaunti yake ya kibinafsi. Ninaunga mkono. 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. It is, indeed, with a very heavy heart. In fact, I am saddened and disillusioned that we have come to the stage where we are now. I am disillusioned because it may be recalled that when the Finance, Commerce and Budget Committee summoned the governors, they went before the court. In Petition No.74/2014, the court decided in our favour that they could be summoned by committees of the Senate on many issues, including in the exercise of their oversight role. I thought that issue had been settled and that we were making progress in the implementation of the Constitution. Indeed, the governors began obeying that order of the court. We have successfully dealt with the Governor of Kwale, the Governor of Taita Taveta and the Chairman of the Council of Governors has even appeared before us and to a very amicable appearance, except that he was not able to answer one or two queries. He said that the answers lay at the county headquarters. He himself gave us a date when he was coming before us with documentation to answer that particular audit query. So, we were making progress. On the day that he was supposed to come, he then writes and says that governors will not appear before our Committee. Mr. Speaker, Sir, one has to ask the question: Why is it that when they were beginning to appear and co-operate pursuant to a court order should they, in defiance of that court order, now say that they are not going to appear? That is why I become saddened that people at the level of Governor can now behave in the manner in which they are behaving. So, the issue could be, first, they have something to hide, or two, the issue of the County Executive Board which we are supposed to chair. Mr. Speaker, Sir, I am double saddened at the behaviour of the governors because my Committee went into this. The comments that they are making today on this Sang Bill are the comments they made when Sen. Sang originally published his Bill. It appears that they have not read the Bill as it is now. But be it as it may, they also appeared before the Committee and, in fact, we took on board all their comments and amended it the way they wanted, except just one issue on who is to be the chair. Now to come up and say that this is contrary to the Constitution and many other issues, I am very saddened. Mr. Speaker Sir, we really ought to be moving ahead. This Senate is the voice of the people according to Article 1(2) of the Constitution. The Senate and the National Assembly are really the voice of the people. In fact, we are the only people who can exercise the sovereign power of the people directly or indirectly. So, to put a stoppage to our fundamental constitutional power of oversight is really to silence the voice of the people and we cannot allow that. I support the Motion. However, I also want to put a warning that if the county governments cannot discipline themselves and operate within the existing Constitution, laws and financial regulations and if, in spite of what you have done today, they cannot wake up and now begin to cooperate so that we can finalize these audit queries as quickly as possible for the benefit of the people of this country, Parliament has the power to impose even other strict conditions to ensure that the public funds are properly spent. I am referring to Article 206--- 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.

Your time is up!

Mr. Speaker, Sir, thank you very much. I can see that my card is now working. One thing we need to note here is that we are dealing with defiant people in the name of governors and they are using the counties to exploit the spoils of what they are getting indirectly from Treasury through us. The counties will lag behind because of the incompetence and inefficiency of some of these governors. It is very important that from this time henceforth, the governors should be made to account for what is supposed to be accounted for. There are rules of the game. I realize that in every other game, even when you are playing football, if you mess, you are first given a yellow card, a red card and then you are discontinued from the match. We need to think about these governors very seriously. They are making the counties suffer just because of their ignorance and because of what they think they can do against the wishes of the people they are leading. As we support this Motion, it is important that we caution the other governors who might be tempted to behave the same way like these ones. We are the people on the ground who really see these things. You will get a governor going for lunch in his town centre and vehicles are blocked from all sides so that he can go for lunch. Even Senators are pushed off the road. It is as serious as that. If they are doing that with the money we are giving them, there is a way that we can reduce that money so that they can come to the same level with the rest of the people and the time is now. Mr. Speaker, Sir, we have heard a number of stories where they travel for benchmarking for comparison reasons. I am sure they do not even practice what they see there. They only make noise like empty debes because they do not practise what they see. They should suffer and this is the time. I support.

Thank you, Mr. Speaker, Sir, for this opportunity to also support this Motion. I concur with my colleague Senators who have raised this issue and send a very clear message, especially to my governor to read the signs of the times very clearly. I hope he will appear before our Committee where we will guide him and clear him the way we have done with the Governor of Kwale. We must commend the Governors of Kwale and Tatia Taveta counties. They are men of repute and substance. They honoured the invitation and came with their teams and we cleared them. I do not understand when I see a young governor like one Governor Mandago going back to Uasin Gishu in a public gathering and saying that even school children know that he is more senior and more powerful than the Senator. A governor paid Kshs60 million in advance to a contractor and when we challenged him and asked him to come with proper documentation, he went to the public and said that he is very senior to face the Senate and that the Senate should be disbanded. Those kind of governors must understand that we defend devolution through constitutional provisions. Now and again, I have told the people of Nyamira that I am 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): Thank you, Mr. Speaker, Sir. Finally, the time for action has arrived. What the Council of Governors is trying to do is to test the resolve of this House to represent the will, aspirations and interests of the people of Kenya. Mr. Speaker, Sir, let there be no doubt that it will be unconstitutional to release funds to a public entity that has told you openly: “You have given me money. I have used it the way I want. I do not want to be asked any questions, but please, add me more money.” It will be unconstitutional for us to release funds to such an entity. One year down the line, and Kshs200 billions later, in many counties poor peasants; old men, women and young people are still yearning to see the fruits of devolution. Let it be known that on the issue of accountability, there are no parties or lines. There is a job to be done and the Constitution has empowered the Senate to do that job. Mr. Speaker, Sir, I have heard some people saying that the Jubilee Government is doing some of these things to frustrate devolution. However, when I sit here and listen to my brother and senior, Sen. Moses Wetangula, lamenting about how desperate the situation is in Bungoma or Prof. Anyang’-Nyong’o lamenting I ask myself: “When did Sen. Moses Wetangula, Sen. (Prof.) Anyang’-Nyong’o, Sen. Hassan Omar and Sen. (Dr.) Khalwale join Jubilee?” We must send a clear warning that on issues of accountability, there is no Jubilee or CORD. This is a duty that we must do for the sake of the people of Kenya. Mr. Speaker, Sir, for a long time, some of the governors who are speaking the loudest now were giving us all manner of excuses. They would say: “We are laying structures. We are putting the foundation. We need time to settle.” I want to announce that the time for excuses is over. Like a deer caught in the headlights, those who are responsible must decide either to run across the road, backwards, left or right. However, I see the sword of accountability striking dead all those who think that they can get away, by spending public money as they wish. I have heard others telling us: “We have not heard the Senate talking as much when it is the national Government involved.” We try to do that as much as possible, but 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.

Your time is up, Senator! Sen. Abdirahman. What is your point of order, Sen. Omondi?

On a point of order, Mr. Speaker, Sir. I have a concern. Why is it that women Senators are not being given a chance to contribute to this important Motion?

It is because the women Senators do not seem to have registered early enough.

Mr. Speaker, Sir, there are Senators who have just entered and asked----

Order, Sen. Omondi! I am sure that you have been around long enough to know who is who, to borrow from the Senate Majority Leader. Proceed, Sen. Abdirahman.

Thank you, Mr. Speaker, Sir, for allowing me to contribute to this very important Motion this afternoon. I want to start by saying that this is not the first time that the governors have defied summons from the Senate. There was a time when they were invited by a similar Committee or the same one just to inquire about the performances with regard to the recommendations that were sent from the Controller of Budget. You will remember what they did in this country. I think that the time has come for us to take a decisive step, like what we are doing this afternoon. Mr. Speaker, Sir, in fact, the biggest impediment to the success of devolution in this country now is the governors. As I said on Saturday when we met in Mombasa, they keep on creating hue and cry unnecessarily just to divert the attention of Kenyans from their bad practices. What they are doing is a serious contempt of this House and it is not fair on us. We are the protectors of devolution, stakeholders number one and representatives of the people that they serve as CEOs. It is important that they listen to this House. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. It is very unfortunate that we really have to get where we are right now. Chapter One of the Constitution says:- “(1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. (2) The people may exercise their sovereign power either directly or through their democratically elected representatives.” Mr. Speaker, Sir, it goes ahead to actually enumerate them. It includes the leadership at the county level and national level. There is no one who has the monopoly of devolution. It is very unfortunate that we have gotten to a point where we think that we are bigger than everyone else. If you are doing it, then it is not being done right. Just the other day, we left the Chambers as late as 8.00 p.m., because we were debating the allocation of money to the counties. It is not that we did not have anything else do to, but because we know that we have a constitutional responsibility of making sure that devolution works. I, as a Member of this Committee, have seen this circus and we have been very patient. However, we cannot continue issuing summons and not showing what the consequences are. I want to thank my Chairperson because this was long overdue. We have really agonized over it. We have sat in meetings and waited for these governors. They have wasted our time and the money that we are paid to sit. They 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): On a point of order, Mr. Speaker, Sir. I rise on Standing Order No.30(3) and (4) to move a Motion that the Senate resolves to extend its sitting time until the conclusion of business appearing in orders Nos.8,9 10, 12 and 13. Considering that we are going on recess and that there are two Bills which if we complete will give this Senate a good record, considering that there is also a Motion regarding what has just transpired with regard to the performance of the Kenya Athletics Team in Glasgow, it is in order for the Senate to exercise a little bit of patience, so that we conclude this agenda, adjourn later on, and go home happy having passed a number of Bills, including the one which is the subject of debate now. We will also go home having The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I beg to second.

Hon. Senators, we have to sacrifice a bit. It is ten minutes to six. I know that we have extended time, but we still have a lot of business ahead. There are still 12 requests before me. In fact, they have added to 13. Twelve requests each getting 5 minutes gives us one hour. We also must vote on the other Motion. We will take two more from either side and conclude this.

On a point of order, Mr. Speaker, Sir. I know that there are 13 Senators interested in this issue. Some of us have been showing interest since this debate started. I am the Senator for Murang’a County; the fourth county mentioned there. I thought it would be good for me to be given a chance to say a word or two about that position. I have been indicating my interest to contribute the whole afternoon.

I do not know why the Deputy Speaker does not think that the consideration of the two may have factored in the Murang’a Senator.

On a point of order, Mr. Speaker, Sir. I would also like to concur with my colleague, the Senator from Murang’a because we are in a similar situation. It would only be fair if we were given an opportunity to make some comments.

The choice is yours and the consequences will also be upon you. So, let us proceed.

.: Mr. Speaker, Sir, I want to support this Motion by bringing to the attention of the Senate something that we may have overlooked which is critical. My reading of the Inter-Governmental Relations Act Section 20 on the functions of the Council of County Governors does not give them a mandate to be a trade union for purposes of financial mismanagement. I would dare say that as far as financial mismanagement is concerned, every governor has a personal responsibility. I, therefore, urge this Senate and the Committee chaired by Sen. (Dr.) Khalwale to ignore all the statements made by the Council of Governors for and on behalf of the 47 Governors who have been elected by their respective counties. I further support and I am sure that Sen. (Dr.) Machage would approve my statement to the rest of the Governors where in Kiswahili they say; ukiona kichwa chamwenzako chanyolewa, tia chako maji . This serves as a lesson to the other counties The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I do not want to be misunderstood if I contribute from the other side. Article 125 of the Constitution is very clear. Article 125 of the Constitution gives the Committees of the Senate or the Senate itself the same powers as the High Court. The High Court under the Judicature Act has powers to compel attendance and even to make a decision as a court of first instance for contempt of court if the matters amount to contempt. Mr. Speaker, Sir, today is a very sad day. In the morning, I attended the Committee sitting on invitation because I was made to understand that the Governor for Murang’a would come to answer questions on the queries of the audit. It is the second time that I attended that meeting to listen to what the Governor of Murang’a County would respond to the several queries that were going to be raised. Last time, he did not come and today he did not come. The last time the Committee sat he had sent so many officers and an order was made to the effect that that was wasteful usage of public funds. I want to believe that the Chairperson of that Committee will pursue that wastage and that somebody will be surcharged for it because I do not expect the people of Murang’a to pay for that wastage. Mr. Speaker, Sir, it is very unfortunate that the governors do not seem to understand where we are coming from. They do not seem to understand that we want to work together so that we can develop the counties in the spirit of devolution. Instead they think that they have a war with us, as Senators, and that we are in competition with them. I would like to make it very clear to them that we, as a Senate, are going to do what we have to do. We are going to enforce the rights that we have because they are given by the Constitution. That is to protect the counties. Mr. Speaker, Sir, the Motion before the House is very good because it has picked the four counties that have not adhered to the rules. In Murang’a County, there are 1.2 million people. This financial year we have been granted Kshs4.6 billion. This is a lot of money on the face of it, but not so much as to be misused. The fear I have is that if you allow governors to go the way they are going; flaunting money that is not theirs and using it for uses that are not under Schedule 4, campaigning for the money and yet the 2017 general elections are still very far, we will have the counties impoverished and that is not acceptable. Mr. Speaker, Sir, Article 225 of the Constitution talks about withholding funds to counties, but not in excess of 50 per cent. It must be remembered that it is not the governor in his personal capacity and the other three governors mentioned who will The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I am really saddened this afternoon because for the first time, the Senate has invoked Article 228(4) and (5) to deny funds to counties that have misappropriated them. It is so sad that one of the counties is my own county. I am not the only one saddened, but along with another 700,000 residents of Bomet who are as sad as I am today because of what has transpired. We have continually encouraged the residents of Bomet County by telling them that now we have

and now it has turned out to be pesa mashimoni because no money has reached them. I am encouraged when I see devolution in its reality; when I see civilians sitting under a tree and discussing what they want to be done for them. This has resulted into a document called the County Integrated Development Plan (CIDP). This document speaks the truth about devolution because these are the people in the villages saying what they want to be done. We, as Senators we have gotten funds for the various development activities in the counties, but unfortunately, the money has not reached them. This is shown in the Auditor-General’s report which is derived from the figures which have been given by the governors. So, these are their figures. It is very sad to note that the governors are refusing to accept their own figures when it appears in the books of the Auditor- 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. Speaker, Sir. I stand pursuant to Standing Order No.98 (1) to request that the Mover be now called upon to reply.

Order, Senators! I have only six requests remaining. I will give each one of them two minutes. So, that will just be 12 minutes. Sen. (Dr.) Zani.

Thank you, Mr. Speaker, Sir. There is a very dangerous perception that is mainly perpetrated by the governors; that the summonses that we give to them are frivolous. This is in one of the dailies today. It is giving the wrong perception to Kenyans. They say that they are being called just at anytime and expected to come here. I think that, we, as the Senate, really have to be very clear. We should have a communication strategy. Let Kenyans know exactly what we are calling these governors for. Let their Members of the County Assemblies (MCAs) know that we are working on their behalf, so that they are not deceived by the governors that we call them just for the sake of it. Mr. Speaker, Sir, there are various organs that were created by the Constitution, including the Senate, Commissions, Auditor-General and Controller of Budget. They all had specific roles that need to be enhanced. I think that they were very foresighted. All these were really meant to control and ensure that funds are not misused. We are, therefore, given the responsibility to allocate resources. However, more importantly, 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.

Your time is up! Sen. Murkomen.

Mr. Speaker, Sir, Mathew Chapter 23 verses 14 to 30 talks about the parable of the talents. The master went on a long journey and left three servants; one with five talents, one with two talents and one with one talent. He expected all of them to multiply those talents. When he came back the one who was given five had ten. The one who was given two had four. The one who was given one told the master:- “I know that you are a bad man and so, I hid your talent under the earth. Therefore, I am returning the one talent as it is.”

Order! Did he say that he was a bad man?

Yes, Mr. Speaker, Sir. He told the master that he was a bad man. The master in this situation, if I can parallel it, is the Senate. The Senate allocated resources to the various counties; some five, some two and some one. The time for accountability was one year down the line. When that time came there are those governors who came and said:- “Master, the Senate, you allocated us this money and we multiplied. We even collected others and did the roads and hospitals.” They accounted to the Senate through Sen. Khalwale’s Committee. But there are others who have gone public to say: - “Master, you are a bad man, because the time of accountability has come.” Why did they not say that the first day when the master was giving the talents? I want to tell all the governors that the moment that they chose the job of receiving resources at the local level, they chose the road for accountability. While on that road there is nowhere to hide on earth or heaven. It is better to account to Sen. (Dr.) Khalwale today than to be punished for not accounting to God. So, I want to request the Governors that they must come, because we are doing this for posterity and the sake of this country. Mr. Speaker, Sir, I beg to support.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to contribute to this Motion. First, I want to thank the 43 Governors for realizing that, indeed, they are equal to the task and owe Kenyans who elected them service. 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.

Your time is up! Sen. Billow.

Mr. Speaker, Sir, I also support this Motion, which I believe is long overdue. We should have dealt with the governors from day one when they said that they did not want to honour the summons. Mr. Speaker, Sir, I just want to point out two things. Under Article 225 and Section 96 of the Public Finance Management Act, it is very clear that if there is material or persistent breach of financial regulations, the Cabinet Secretary has powers. This is what we want to invoke. We urge the Treasury to take interest in what is going on in the counties, because the law still gives a lot of powers to Treasury in terms of taking this kind of action, even without prompting from the Senate. They have a mandate, after seeing the reports from the Auditor-General, to take action and stop funds transfer. It is only the Senate that will come in, under Article 96, to appeal for the particular counties. Mr. Speaker, Sir, I want to also point out that the action that we are going to take should be up to and until we are satisfied that those counties have given the relevant explanations regarding the audit queries that are raised. To the extent that they do not do so, it will be a mistake to allow those counties to continue, because we did not create devolution so that we can export the same inefficiency and mismanagement that we see in the national Government to the counties. We want a difference and action. One of the reasons the national Government has suffered for the last 50 years is because there is no action, in spite of all the reports by the Auditor-General. We want a change, so that if the Auditor General says this, we take action. Mr. Speaker, Sir, I beg to support.

Thank you, Mr. Deputy Speaker, Sir. I stand to support this very important Motion as a member of the Sen. (Dr.) Khalwale’s Committee and as a person who has been around for some time. There used to be institutions in this country called cooperative societies. Many parts of this country prospered because of them. However, somewhere along the way, members of the management committees discovered that if the cooperatives were paid Kshs30 million, they could write themselves a Kshs5 million cheque, cash it and go home and nothing happened to them. They did so for a long time without being noticed until those societies collapsed. 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.

Eng. Karue, your time is up!

Thank you, Mr. Speaker, Sir. I stand to support this Motion because it has come at the right time. The whole of last year, we made sure counties got money according to Constitution. We have institutions that we must thank for doing their job and make sure that their role is well felt. We thank the Auditor-General for his good work. Mr. Speaker, Sir, it is sad that a respected Committee of this House can summon some governors and they refused to appear before it. This afternoon we have denied some counties monies because the governors do not want to account what they were given previously. We want to make sure monies allocated to these counties do not go into the same holes because governors do not want to account for it. Why should somebody feel that he can continue to be a governor if he does not want to be accountable? If they do not want to be accountable, they can resign because they are not ready to render services to our people. I wish these governors could stop the “big boy” syndrome and serve their people. Time has come for all of them to be accountable. I beg to support.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this very important Motion. If county governors will not be accountable and resist the oversight role of the Senate, then devolution will fail. Mr. Speaker, Sir, all of us appreciate the fact that counties have very little resources. These House continues to seek avenues of increasing the resources that go to counties. It is tragic that even the little resources we are sending to counties are being squandered. Therefore, governors should wake up because accountability is a must. We must get services in our counties and value for money. Governors have been running up and down branding every stakeholder in the devolved system of Government as anti-devolution. There cannot be a greater agent who is anti-devolution than a governor himself who refuses to account for resources given to him. Therefore, it would be a huge tragedy to have one individual governor denying their counties resources. Mr. Speaker, Sir, I want to express my displeasure. This association of governors calling themselves Council of Governors makes them continue giving conflicting information and to mislead their members. The truth has now come out that 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.

Hon. Senators, I wanted to put the Question, but I also realize that there are no more contributors. So, I call upon the Mover to reply.

Thank you, Mr. Speaker, Sir. I want to thank all the Members who have contributed to this very important Motion. If we are lucky and the Motion goes through, the office of the Clerk should not waste time in forwarding this resolution to the national Treasury and the office of the Controller of Budget. I beg to move.

Order, Sen. (Dr.) Khalwale. You do not impute improper motive or inefficiency on the part of the office of the Speaker.

Mr. Speaker, Sir, if that is the perception taken, I want to recall my words and apologize and hope that in the usual manner this matter will be forwarded.

That is better. I will now put the Question and then we take the vote. The voting will be for both Order Nos.8 and 9. The Division Bell will be rung for five minutes for both.

Order, Senators! The five minutes have elapsed. Draw the bar and close the door.

We will proceed with electronic voting.

Order, Senators! During voting, all Senators must be seated. I give you 30 seconds to make sure you have all logged-in. Those who are representing delegations or technologically challenged need to register.

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Order, Senators! The results of the Division are as follows:- 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, Members! Please get ready for the second round of voting. The next voting is on the Motion under Order No.9 as per the Order Paper. Since I had already read it, I will not repeat it. It is just to order that the electronic voting commences. Appreciating your speed so far, we can reduce the voting to half a minute. Are we ready to vote?

Yes.

Start the voting now for 30 seconds.

Order, hon. Members! While the tallying is going on, on the Motion you have passed on the extension of time, look at the Supplementary Paper No.2, we will need the same numbers for the next order, which is Committee of the Whole. So, I really encourage that we exhaust that Order. Order No.11 was deferred; it is not part of the extension. After Order No.10, we will move on to Orders No.12 and 13.

Sen. Abdirahman, Wajir County; Sen. Billow, Mandera County; Sen. Chelule, Nakuru County; Sen. Chiaba, Lamu County; Sen. Hargura, Marsabit County; Sen. Hassan, Mombasa County; Sen. Kagwe, Nyeri County; Sen. Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. Keter, Kericho County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. (Prof.) Kindiki, Tharaka Nithi County; Sen. Kisasa, Kilifi County; Sen. (Dr.) Kuti, Isiolo County; Sen. (Prof.) Lesan, Bomet County; Sen. (Dr.) Machage, Migori County; Sen. Melly, Uasin Gishu County; Sen. Mositet, Kajiado County; Sen. (Eng.) Muriuki, Nyandarua County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Muthama, Machakos County; Sen. Murungi, Meru County; Sen. Nabwala, Trans Nzoia County; Sen. Okong’o, Nyamira County; Sen. Sang, Nandi County; Sen. Wako, Busia County; Sen. Wangari, Nairobi County; Sen. Wetangula, Bungoma County and Sen. (Dr.) Zani, Kwale County.

Order, Senators! The results of the Division on the Motion listed as Order No.9 is as follows:-

Order, Members! We are now in the Committee of the Whole.

Excuse me, Sen. Wetangula! It is difficult to proceed unless the Senate Minority Leader is sitting on his seat. We need to finish this business as quickly as possible. You will also be able to help the Chair to deal with these issues.

Mr. Chairperson, Sir, I was consulting the “King of Meru”.

Order! Are you telling me that when we are in Committee of the Whole, you can cross the Floor in any manner?

Mr. Chairperson, Sir, when the Mace is down you can walk---

Order! I was asking that because of Sen. Muthama---

Okay, Mr. Chairperson, Sir.

Let us proceed. We are in the Committee of the Whole. First, we will consider the Statute Law (Miscellaneous Amendments) Bill, (Senate Bill No.6 of 2014).

I propose that Clause 2 be part of the Bill. Sen. Wako, this is your Bill, is it not?

Yes, Mr. Chairperson, Sir.

Hon. Senators, please, note we will have one Division Bell for everything. However, we shall vote for each amendment as necessary. That is now common practice.

On a point of clarification, Mr. Chairperson, Sir. I see a raft of issues here. The schedule set out here, this miscellaneous amendment looks identical to the Bill which we debated here on issues of the National Campaign Against Drugs and Alcohol Abuse (NACADA). Is this a duplex job? Most of these things I see here are in that Bill that many Members expressed desire to move a series of amendments.

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Sen. Wako, why are you still standing when Sen. Wetangaula is on his feet?

Mr. Chairperson, Sir, I just need a clarification on whether we are passing a law upon a law or parallel laws that we end up doing the same things?

Mr. Chairperson, Sir, what the Senate Minority Leader is referring to is a Bill that was brought by Sen. (Prof.) Kindiki. Thereafter, we dealt with the NACADA Bill, which is different from the other Bill. My confusion here is that this amendment is the one that we had put there, but they are not giving us any reason for amending it because most of the names that are here, are already in the original Bill. All we were doing on the NACADA Bill were basically putting two additional people; one person nominated by the Council of County Governors and the other one the Minister responsible for the time being of Devolution. As you remember, we were trying to make these Bills compliant with the Constitution. The NACADA Bill, as it was then constituted, did not take into account the county governments. So, all we did here was to make the principal secretary in the Ministry responsible for Devolution to be a Member of this Committee and three persons nominated by the Council of Governors. The committee that is proposing this Bill is not here. I do not understand why we have this particular amendment unless it is just a drafting style. It does not add any value to what was in the original Bill.

I think you are jumping the gun. The question Sen. Wetangula is asking is different from what you are attempting to answer. I am now moving clause by clause. When we come to the amendment we shall raise the issue. If the amendment is moved, it will be debated and the Question put. My understanding is that right now we are dealing with The Statute Law (Miscellaneous Amendments) Bill. The proposals coming from the Committee on National Security and Foreign Relations were those recommended in the Committee on the Bill. So, I do not think there is any conflict or duplication on that.

Mr. Chairperson, Sir, I do not know if I was clear; the Bill brought by Sen. (Prof.) Kindiki had identical provisions. This Miscellaneous amendment is on a similar Bill, now are we going to have a duplex law on the same issue?

Do you have that law? I can only talk about what is before me.

Mr. Chairperson, the only thing we can, probably, do is proceed with this and advice Sen. (Prof.) Kindiki to sit with the Committee and see whether what he is proposing has been dealt with here, then he can pull it out.

I think that would be the right thing to do because I can only deal with what is in front of me right now. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

My record shows that there is a proposed amendment by the Chairperson of the Standing Committee on National Security and Foreign Relations. Is anybody going to move that amendment on the Order Paper? Sen. Wetangula, are you a Member of that Committee? If there is nobody then that proposed amendment dies.

Mr. Chairperson, Sir, I beg to move:- THAT, the Schedule to the Statute Law (Miscellaneous Amendment) Bill, 2014 be amended by deleting the proposed amendment to the Sports Act No.25 of 2013. Mr. Chairperson, Sir, allow me to clarify a point here, this is not my personal amendment as Sen. (Eng.) Muriuki. There is a misprint. It was out of the resolution of the Committee on Labour and Social Welfare and my submission to the Speaker said as much. I said that I am moving on behalf of the Chairperson because he would not be there. That notwithstanding, we do not have any problem with this proposed amendment. The Committee on Labour and Social Welfare is shortly embarking on comprehensive review of the Sports Act as a whole. For that reason, the Committee felt that it would be a good idea to come up with the proposed amendment to that 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.

Thank you, Sen. (Eng.) Muriuki. It does not have to be seconded. So, I will just propose the Question.

Mr. Chairperson, Sir, it is just good that the distinguished Senator for Nyandarua has issued a disclaimer before he even moved the amendment. The reasons given are not good enough because the amendment is going to bring management of stadia under county government or to involve county governments in the management of stadia. As I speak, county governments are already rolling out huge budgets to renovate stadia and manage them. If there will be a comprehensive review of the Act, let it find things going on. As it is now, if we have no control of the stadia, how do they appropriate money on them? It is good that Sen. (Eng.) Muriuki said that he has no emotion about the amendment and he is just a proxy. I want to encourage him to---

Order! I do not think he said he is a proxy. He said it is for the Committee and not his personal amendment.

Mr. Chairperson, Sir, I want to encourage him that it does no harm to take this amendment because the review will find it in operation. It will just be the process of the dynamism of the law. The law is always on the move.

So, are you supporting or opposing the amendment?

I am opposing.

Mr. Chairperson, Sir, I strongly oppose this particular amendment because the purpose of these amendments is to bring Acts of Parliament to be in conformity. What we are being requested is that pending the review of the entire Act, we should have an Act in our statute books which is not in conformity with our Constitution. We are prolonging the unconstitutionality of the said Act. We cannot do that. As the Senate Minority Leader has stated, the best way to go is to immediately bring it in conformity and when you finish your exercise, you will, again, be able to repeal it. I am quite sure that the exercise will not take less than six months. Therefore, I am opposed to this. I would kindly request the hon. Mover to explain to the Committee that the passage of this amendment does not mean that we cannot comprehensively review the Act.

Mr. Chairperson, Sir, in fact, let me bring out something else that informed our debate. Under part 2 of the Fourth Schedule, paragraph 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. Chairperson, Sir, the wisdom in the Committee, as I said, was simply that the issue of sports seemed very indeterminate on what is happening where. When we looked at these amendments, they looked like some sort of cure to a very big problem. We thought that it would take only maybe a month or a month-and-a- half and then we will come up with a comprehensive Bill, so that we can take care of all these things. But having listened to the reasoning by the Senate Majority Leader, Attorney General Emeritus and others and also looking at the Fourth Schedule, which talks about facilities, I am persuaded on behalf of the Committee. I do not have the actual amendment here, but if what they have said is true, that we are only bringing the stadia on board and leaving everything else, then on that basis, I will withdraw on behalf of the Committee. Since I can only see Sen. Wangari here and she is not opposing, we can move on. Mr. Chairperson, Sir, I beg to withdraw.

Thank you, Sen. Karue. For the record, you are withdrawing the amendment. So, I do not have to put the Question on that.

Mr. Chairperson, Sir, that is what I am doing on behalf of the Committee.

I am proposing that the provision relating to the Sports Act No.25 of 2013 be part of the Bill. I will put the Question later. Let us go on.

Again, this is an amendment by the Committee on National Security and Foreign Relations. Is anybody ready to move the amendment? 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. Chairman, Sir, I beg to move:- THAT clause 2 of the Bill be amended by deleting paragraph (a) and substituting therefor the following new paragraph- (a) by deleting subsections (1) and (2) and substituting therefor the following new subsections- (1) The Fund shall be distributed as follows – (a) seventy per cent of the Fund proportionately by reference to the total number of votes secured by each political party in the preceding general elections; (b) twenty five percent of the Fund equally among political parties which are entitled to receive funding under subsection (2); and (c) five percent for the administration expenses of the Fund. (2) Notwithstanding subsection (1), a political party shall not be entitled to receive funding from the Fund if – (a) the party does not secure at least one of the following categories of seats in the preceding general elections – (i) one seat in the office of a county governor; (ii) one seat in the office of a senator; (iii) at least two seats in the office of a member of the National Assembly; or (iv) at least twenty seats in the office of a member of a County Assembly. 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. Chairperson, Sir, I support the amendment on constitutional grounds. I think it is Article 2 of the Constitution which says that Kenya shall always be a multiparty democracy and it imposes on the State the duty to promote multiparty democracy in this country. So, this Bill is in support of that spirit in the Constitution for supporting multiparty democracy. Secondly, Article 38 of the Constitution makes it a fundamental human right to be a Member of a political party. So, it is for the State to make political parties available for Kenyans to be able to enjoy that right under Article 38. It is in that spirit that I support this amendment. Sen. Wako could correct me, sometimes the word “or” in law also means “and”. I would like to confirm that that is the meaning on Page 217, the last sentence on sub- paragraph 2(iv). The “or” there means “and,” because part (b) does not make sense unless that “or” is understood.

On a point of information, Mr. Chairperson, Sir.

Would you like to be informed by Sen. (Dr.) Khalwale?

Yes, Mr. Chairperson, Sir.

Mr. Chairperson, Sir, I would like to advise the plenary that as the originator of this amendment and for which we have worked together with the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

That is important because I do not want to see you amending. So, do we strike it out?

Yes, indeed, Mr. Chairperson, Sir.

Otherwise, we have to have a Motion of amendment. Sen. Murungi, are you satisfied?

Yes, Mr. Chairperson, Sir.

We, in the Committee, agreed that this was not meant to be there; it is a typographical error and we are not going to do an amendment on it. So, just strike it out.

Mr. Chairperson, Sir, I hope it is admissible to ask for clarification from the Mover. When we talk of the total number of votes, are we referring to the votes garnered by the President, each Member of Parliament or all the votes put together?

Sen. (Dr.) Khalwale, can you make a clarification? Which clause are you referring to, Sen. (Eng.) Muriuki?

Mr. Chairperson, Sir, I am referring to Clause 2 (a) on page 216 of the Order Paper where there is an amendment which states:- (1) The Fund shall be distributed as follows- (a) Seventy per cent of the Fund proportionately by reference to the total number of votes secured by each political party in the preceding general elections; Since we vote for six individuals in the general elections, when you say “votes”, how shall we calculate them?

Mr. Chairperson, Sir, at the end of the election, the IEBC then computes for purposes of taking it to the Registrar of Political Parties. That is the total number of votes garnered by each party. For example, UDF might not necessarily have won the presidential election, but their presidential candidate got votes. So, all those are added. Originally in my proposal, I had suggested that we eliminate the presidential vote. However, when the Committee went around, people felt that the President is a father figure; a uniting figure. Therefore, his vote must be safeguarded.

Mr. Chairperson, Sir, so what we are saying is that we get the vote for each one of the elected leaders up to the ward representative and then you get the total.

Yes, Mr. Chairperson, Sir.

Sen. Muthama, you have a proposed amendment on the Order Paper and it states that you will withdraw the amendment if Sen. (Dr.) Khalwale’s amendments are carried. Is that correct?

Mr. Chairperson, Sir, I intended to move that amendment on the basis that we will strengthen the unity of Kenyans and also try to eliminate those basket political parties; those which are just formed to give out certificates. Since the unity has 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. Chairman, Sir, again, in consultation with the Committee on Legal Affairs and Human Rights, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after clause 1- Amendment of section 7

This is the Second Reading and, therefore, you need a seconder.

Since this is the Second Reading, I want to ask the distinguished Senator for Meru, who I support a lot on matters of miraa, to second me.

Thank you, Mr. Chairman, Sir. I rise to support the amendment, again, on constitutional grounds. Mr. Chairman, Sir, basic requirements for political parties are set out in Article 91 of the Constitution. There is no requirement under Article 91 of the Constitution that a party maintains physical offices. The requirement is that a party should have a national character and democratically elected governing body. It should also promote and uphold national unity and abide by democratic principles of good governance. So, a party can 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.

Nobody has shown interest to debate, but I will not put the question now. I will do so together with rest of the questions. I propose that the title and Clause 1 be part of the Bill. I will put all the questions at the same time. In the interest of time, we are going to ring the Division Bell once for five minutes. When we come back, we shall deal with the Statutes Law (Miscellaneous Amendment) Bill and vote for it once, because there are no amendments. After we finish with that, we shall now vote on the Political Parties (Amendment) Bill (Senate Bill NO.3 of 2014). So, there shall be four votes under the same Division Bell. Ring the Division Bell.

Can you ring the bell for another one minute?

Hon. Senators, please, sit down. Sen. (Prof.) Lesan, is there a good reason why you are still standing? We will now go into Division.. I hope that the Clerks-at-the-Table are ready. Draw the bars.

We are ready to vote. We are voting on the Statute Law (Miscellaneous Amendments) Bill, Senate Bill No.6 of 2014. Sen. (Dr.) Khalwale, can you take your seat so that we can vote? 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.

But I am seated.

But you are consulting so loudly, I can hear you. I will put the question on the State Law (Miscellaneous Amendments) Bill, Senate Bill No.6 of 2014 which is that Clause 2, Title and Clause 1 be part of the Bill. Please, log in so that we can vote. You cannot be assisted before the vote is taken. You have one minute to vote. The Members who require assistance can come forward and vote now.

Hon. Senators, the ones who want to be assisted to vote, can you come and be assisted? I will give the results for the Statute Law (Miscellaneous Amendment) Bill. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL (SENATE BILL NO. 6 OF 2014)

Hon. Senators, the next one is Sen. (Dr.) Khalwale’s Bill; the Political Parties (Amendment) Bill, Senate Bill, No.3 of 2014 and there are four amendments and we shall vote on each of them and then I will announce the votes.

Hon. Senators, the results are as follows:-

Mr. Chairman, Sir, I beg to move that the Committee doth report to the House its consideration of the Statute Law (Miscellaneous Amendments) and its approval thereof without amendments; and the Political Parties (Amendment) Bill and its approval thereof with amendments.

seconded

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Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered the Statute Law (Miscellaneous Amendments) Bill and approved the same without amendments and the Political Parties (Amendment) Bill and approved the same with amendments.

Mr. Temporary Speaker, Sir, I beg to move that the House doth agree with the Committee in the said report.

seconded

Mr. Deputy Speaker, Sir, I beg to move that the Statute Law (Miscellaneous Amendments) Bill, Senate Bill No.6 of 2014 be now read a Third Time.

seconded.

Hon. Senators, the results are as follows:-

Mr. Deputy Speaker, Sir, I beg to move that the Political Parties (Amendment) Bill, (Senate Bill No.10 of 2014) be now read a Third Time.

seconded.

Hon. Senators, the results are as follows:-

Mr. Deputy Speaker, Sir, first, I appreciate that it is already past 8.00 p.m. but it is important that I move this Motion. I will take a very short time. I was privileged to represent the Committee on Labour and Social Welfare at the Glasgow games. I can tell you the experience of watching those games on television and being at the stadium cannot be comparable. We did so well.

Order! Sen. Wangari, have you moved the Motion? You have not even read the terms of the Motion.

My apologies, Mr. Deputy Speaker, Sir. I beg to move the following Motion:- THAT, aware that Kenya is known for its splendid performance in athletics; noting that athletics is part of Brand Kenya; appreciating that the Kenyan athletes are good ambassadors and have done the country proud; noting further that the Kenyan team took part in the recently concluded Commonwealth Games in Glasgow, Scotland, and were ranked number 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, Mr. Deputy Speaker, Sir.

Sen. Wangari, do you wish to be informed by Sen. Muthama? He insists he wants to inform you.

Sure, Mr. Deputy Speaker, Sir.

Mr. Deputy Speaker, Sir, for the purpose of the HANSARD, I believe that Kenya was second to South Africa. If I got it correctly, we were ahead of Nigeria.

Sen. Muthama, that is not just for purposes of the HANSARD. That is very important information.

Thank you, Sen. Muthama for correcting me. I noted a few fields that we have ventured in. I noted one performer who is Julius Yego who has learnt the art of javelin through YouTube. He earned this country a gold medal. Even if in other fields we were not able to get medals, I want to note that the organization of para sports in this competition was very good for Kenya. In fact, we had a double amputee called Wacuka, who does not have legs, who was competing in swimming. Even if we did not win the medal, we have done well as a country. They have done us proud. My experience, the few days I was in Glasgow with Sen. Joy Gwendo is that we were able to watch these games in the media. However, the local channels were picking on their participants who were maybe No.8 and they were just hammering that those were the only people who were representing us. They ignored us who were leading and having all the three medals. That is what we should do as a country. Even if we do not get all the gold and finish last, we should be patriotic enough and support our athletes. 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 this opportunity to second this Motion. I wish to applaud our team which has always made us proud especially in the athletics. It is important now that we have devolved some of these functions that our governors and ourselves put a lot of effort in improving the stadia around the counties. It is also important as somebody who has dealt with athletes that we nurture talents of our youth in terms of training for investments and education. Also, I do not agree with those people who are arguing that our athletes who defect to countries in the Arab world should be condemned. For somebody like myself who has been a consultant in athletics, Kenya is a granary. Those are just fine products who have gone out and they will eventually come back. There is a lot of potential in our youth which is untapped. I call upon all of us to work in this regard to assist these young talent so that we can move forward instead of just engaging those who have gotten opportunities to go out and earn a living and who will eventually come back to build this country. Another issue I will briefly talk about is that of coaching in this country. Training of our athletes is exposed to all the media in the world. That is why sometimes we lose in these efforts especially when competing in the fields. In fact, you can never see Ethiopians train and that is why we urge this Committee to come up with a policy which states that we should be training our athletes in a secretive manner so that we do not expose them to our opponents. Last but not least, we have a problem in football where the performance is very dismal, maybe that is the reason why our President sent our team to the World Cup so that they can improve. I would like the relevant Ministry to come up with stringent measures even if it means banning the team like Nigeria did many years ago so that we can improve. Performance in football has been dismal and that needs to be relooked into. With those few remarks, I beg to second.

Hon. Members, I cannot just put the Question because most of you are showing interest to contribute. I have six enthusiastic Senators who want to contribute. For the sake of good order, we have another one Motion to deal with because this is not the last one. It is your decision because it is now 8.34 p.m., so you must decide what time you want to leave. Sen. Murkomen, are you suggesting that I put the question?

I am saying for those who want to take note, let us agree to take two minutes each.

That is a reasonable request. Of course, all of us are very proud of our athletes and we have continued to say so. It is good 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 represent athletics powerhouse in this Chamber and that is Elgeyo-Marakwet County. I want to take note that as a result of the last competition, new athletes have come and I think Sen. (Prof.) Lesan must be very proud because some of them come from his county. I want to say that, as a country, athletics and sports has really managed to unite us. It is important that we just do not take advantage of the fact that we got the publicity as a result of the good job the athletes are doing but as a House, we declare that every time our athletes do well, they must be rewarded however small it is with a national recognition. Those athletes have managed to market this country in a manner than none of us can do without paying anything. We note that any athlete who is going to engage in field events, his or her dreams are valid because of the good job that Julius Yego did, in fact, by training himself on You Tube. Those are good stories about this country that we must recognize and appreciate. I believe that as a country, we must invest in athletics because that is the future of this country. With those few remarks, I beg to support.

Mr. Deputy Speaker, Sir, I want to support this Motion. I also want to urge the national Government together with the county governments to assist in the construction of stadia. You realize that in the Jubilee Manifesto, they are supposed to construct one stadium in each county. It is unfortunate that in Uasin Gishu County, a city of champions, we do not have a single stadium. I want to urge the two levels of government to partner and at least ensure that we have one stadium in each county. I want to congratulate Lorna Kiplagat from Elgeyo-Marakwet County for coming up with the first standard stadium where most athletes from Uasin Gishu and Nandi go to train. Lastly, universities should come up with a curriculum, just like Moi University has done, so that we begin training on how to improve games in this country and how to nurture young talents so that we have people who can participate in events in future especially in track events. For the first time, I want to congratulate my brother, Julius Yego, who comes from my county for having won the first gold medal in the track events. Therefore, we need to invest in sports to ensure that our country remains relevant in sports. Last but not least is the issue of tax. Our athletes are taxed so much. The manager takes a certain percentage and the host country taxes the remaining. The same money is also taxed when they come home. That is why you find that our athletes are poor because most of the money is taken by the managers and the government through taxes. I support.

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Mr. Temporary Speaker, Sir, I also want to congratulate the team which came from Glasgow recently. I hope that in future, they will do a better job than what they did. What I observed is that most of the games done in Glasgow are all European oriented. There are things which have never been heard in Africa. Therefore, we should increase the number of games done in Africa like bull-fighting so that we can get more medals. There are also other track events which were not included like 3000 metres, 800 metres and 100 metres. I do not know why those events were not included in the programme. If they had included them, we could have 11 gold medals. Most of the games in Olympics or Commonwealth Games are tilted towards some European countries. This is something we need to note. Otherwise, I congratulate the athletes and hope that Kenya will give them a hero’s welcome and taxes should be waived. I support.

Mr. Temporary Speaker, Sir, I also want to congratulate the athletes who represented our country at the Glasgow Commonwealth Games. As I stand here, I am very proud because one of those who bagged a gold medal for this country is my neighbour by the name Faith Chemng’etich. I am proud of them and I cannot forget to congratulate those who have been training them. Mere congratulatory messages are not enough. I think the Government should do something more than this. The Government should come up with a training camp in every sub-county. There are very many athletes at the grassroots who are really talented in various types of games and the Government should ensure that training camps are put in place. We also should exempt the athletes from paying taxes because when they are out there, they are representing this country. I am really proud as a Kenyan to say bravo to those who are training these athletes. Once more, I would like to congratulate these athletes and ask God to bless them. Thank you.

Thank you, Mr. Temporary Speaker, Sir. I also stand to support this Motion by sending special congratulations to our dear daughters and sons who flew to Glasgow and made us proud as a country. I was watching television when they won all the gold medals. I was a little bit disappointed when we lost the 10, 000 metres race to Kipsiro of Uganda. Other runners revenged for their brothers who lost in the 10,000 metres race which was our race. I was confident that we were going to win in that race. Sen. Melly has talked about a great training area in his county. I also want to say that the two Dikus also come from my county; Those who won gold and beat other athletes. The courage of Kenyans is spreading all over the country when it comes to games. In Machakos County, there is a good training area for athletes. The shame on our The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Your time is up.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to make my contribution and support this Motion. Indeed, I want to thank the team that represented us. I congratulate them for lifting this nation high. I want to challenge the Government, especially the parent Ministry, that the issue of sports in this country needs a lot of support. I want to speak on the area of paralympics as Sen. Martha Wangari has mentioned. I have been an official in the area of paralympics and especially in cerebral palsy as an official. I am speaking from experience. There are challenges faced by these citizens. There is need for us to improve in the area of facilities that are used while doing practice. Paralympians with disabilities need a lot of support because they are equal to the task and they have been doing well in this country for several years. That is a gesture that if supported well, they can carry this country high. I support the Motion.

Mr. Temporary Speaker, Sir, I also rise to support the Motion and thank the athletes. They made us proud. The journalists in Europe really commended the team and said that was one of the best teams. I urge the Government that it is important to respect those who make our country proud and make it possible for people out there to want to know Kenya. I want to thank Julius Yego who has succeeded in javelin. I hope that young people will embrace from him that you can learn from You Tube, move on and become one of the best in an area. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): May I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I want to thank every Member who has taken their time to stay back and contribute to this Motion. We hope that we will be able to do better in the coming games. The Committee on Labour and Social Welfare will still be interacting with the Ministry to ensure that we are able to deal with the hiccups that have been raised. With those few remarks, I beg to move.

(Sen. (Dr.) Machage): Next Order!

Mr. Temporary Speaker, Sir, I beg to move;- THAT, pursuant to Standing Order No.28 (3), the Senate do now adjourn until Tuesday, 23rd September, 2014. I want to thank the Senate that, indeed, this second session that we have had has been a session where we have worked within the Committees and at least, we have passed several Bills within this House. I also want to add that as we go for recess, I know the Senators will form the County Boards and we hope that they will also invite the Nominated Senators to join them as they constitute the Boards. More importantly, we have to go to the public and create more awareness so that they can understand our role as a Senate; that we are here to ensure that the county governments receive money and that the public appreciate that devolution is working. I beg to move and ask Sen. Muthama to second.

Mr. Temporary Speaker, Sir, I stand to second this Motion of Adjournment. Since my colleagues have been given credit by Sen. Elachi for their fantastic and sterling performance, I also wish to congratulate them and caution them that as we take this recess, we are supposed to make sure that we put in place the county development boards. I want to caution them that it will not be easy because of our relationship with the Governors. As you embark on this journey, it is up to you to stand firm as elected leaders according to the Constitution and perform your duties. You should have courage and stand to be counted. We are here to guide the counties. We are the people who are being looked upon by Kenyans to provide leadership. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Hon. Senators, the House now stands adjourned until Tuesday, 23rd September, 2014 at 2.30 p.m. The Senate rose at 9.00 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.