Hon. Senators, I have a Communication to make on the attachment to the Senate of officers serving in the County Assembly of Turkana. As you are aware, Article 96(1) of the Constitution requires the Senate to represent the counties and protect their interests and their governments. Pursuant to this provision of the Constitution and as part of the mandate of the Senate, the Secretariat has been assisting the county governments in capacity building by way of attachment to the Senate and training of the staff of the county assemblies. Hon. Senators, as part of this, the Senate is presently hosting three officers of the County Assembly of Turkana who commenced attachment on Tuesday, 23rd September, 2014 and will conclude the attachment on Thursday, 25th September, 2014. The officers are seated at the Speaker’s Gallery. They shall stand and hon. Senators will acknowledge them in the usual manner.

PRESENCE OF STUDENTS FROM NGINDA GIRLS’ SECONDARY SCHOOL, 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.

Thank you, Mr. Speaker, Sir, for this opportunity. It is my pleasure also to welcome the students of Nginda Girls’ Secondary School, which is in Maragua Constituency, Murang’a County. I wish to let them know that they are very welcome.

Order, Deputy Speaker! You know that is my job and I had already done it.

I thank you, Mr. Speaker, Sir, for doing it so well.

So, you can only thank me.

Thank you, Mr. Speaker, Sir, for being so diligent. I have a petition here signed by 258 tea growers from Murang’a County, specifically for the tea growers of the areas generally known as Kigumo, Kandara and Gatanga sub-counties. These are from the factories of Ngere, Ikumbi, Makomboki and Nduti. This is a long petition, so I will try and summarise it. Mr. Speaker, Sir, this is also appreciating the ruling that was made by the Speaker yesterday pursuant to the Petition that had been made by Sen. (Prof.) Lesan and also the comments by the Chairperson of the Committee on Agriculture, Livestock and Fisheries, Sen. Murungi to the effect that we shall have a meeting of stakeholders on 10th October, 2014. This petition had come to me earlier and it is important that I put it forward so that it can follow the normal process. The Petition states as follows:- “We, the undersigned citizens of the Republic of Kenya, duly registered voters, tax payers, small scale tea growers in Kigumo, Kandara and Gatanga sub-counties of Murang’a County and who are members of tea factory companies managed by the Kenya Tea Development Agency (KTDA) do hereby authorize the Senator of Murang’a County, hon. (Amb.) Kembi-Gitura to countersign and present this petition to the Senate 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.

It is so ordered. The Petition is referred to the Committee on Agriculture, Livestock and Fisheries. Next Order!

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the House today, Wednesday, 24th September, 2014:- The Report of the Auditor-General on the financial operations of the County Government of Migori and its defunct local authorities for the period 1st January to 30th June, 2013.

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Next Order. Sen. Amos Wako, you may proceed.

Mr. Speaker, Sir, I wish to issue a statement. The request for the statement was made on 22nd July, 2014, by Sen. James Orengo. I notice that Sen. Orengo is not in. Should I proceed with issuing the statement or should we wait for him?

Of course, you cannot proceed. Our tradition at least allows the Member one chance for him to avail himself. As a good Chairman, you can always liaise with your Members. So, you will do it tomorrow.

That is okay, Mr. Speaker, Sir.

On a point of order, Mr. Speaker, Sir. I rise on behalf of Sen. Orengo, who is not---

Order! Your microphone is not on.

Mr. Speaker, Sir, I rise on behalf of Sen. Orengo. He has not instructed me, but I am aware that he is away on official duty and that he will not be in tomorrow. Would I be in order to request that this statement be delivered next week?

Are you sure he will be back on Tuesday? Sen. Wako, you will liaise with the Member. Definitely, he is away this week. As soon as he is available, we can have the statement.

Mr. Speaker, Sir, I will bring the statement next week, but there are issues that---

Order, Sen. Wako! Those are details.

Mr. Speaker, Sir, I am a detailed person.

Mr. Speaker, Sir, I have a statement from the Committee on Defence and Foreign Affairs that was sought by Sen. Mositet who I note, of course, is not here. I will abide by your direction on that.

Sen. Mositet is indisposed. So, let us have the statement next week.

Thank you, Mr. Speaker, Sir.

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Sen. Murkomen, Chairperson of the Sessional Committee on Devolved Government. DROUGHT AND STARVATION CRISIS IN ASAL COUNTIES

Mr. Speaker, Sir, I have a response to a statement sought by Sen. Naisula Lesuuda on the humanitarian crisis looming in arid and semi arid counties. With your permission, if I may now deliver the statement considering that she is here.

Proceed.

Mr. Speaker, Sir, we received this response from the Ministry of Devolution and Planning. We, as a Committee, have deliberated and the response is as follows:- The Government is aware that due to drought people in arid and semi arid counties of Samburu, Turkana, Pokot, Baringo, Isiolo, Garissa, Wajir and Tana River, among others, require urgent food assistance. The ongoing drought situation has affected 1.5 million people in affected areas. This is an increase from 1.3 million people that the Government has been feeding up to the end of the Financial Year 2013/2014. The Government is not aware that food bought by county governments and stored in the silos has not been distributed to starving citizens. However, all the food stocks that the national Government bought have been distributed to deserving cases on a monthly basis as per the attached schedule. The Ministry of Agriculture, Livestock and Fisheries has confirmed that the livestock off-take programme was launched on 27th July, 2014 at Loruk Centre, Baringo County. The Ministry concerned is, therefore, in a better position to answer questions on when the Government will start the livestock off-take programme in other affected areas. The measures put in place by the national Government, in conjunction with the county governments in arid and semi arid areas to avert looming crisis are:- (1) Joint food assessment based on performance of short and long rains to identify the needy population. (2) Purchase, transportation and rapid distribution of relief food to the vulnerable population as per the attached annex. (3) Coordination of all agencies engaged in humanitarian response. It should be noted, however, that budgetary provision – and this was stressed by the Ministry – for the Financial Year 2014/2015 is grossly underfunded. A paltry Kshs98 million had been availed for purchase of emergency relief food stocks for the entire financial year. This amount is barely enough to feed a single county in a year. Although county governments have been allocated funds for relief food response, they are yet to establish structures to address food needs as first line responders. 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 want to thank the Senator for sharing the statement. I agree that we deliberated on the statement in the Committee. As he has put it, although the statement is detailed, the reality on the ground does not really reflect what is in the statement. That is why we said that we meet with the Ministry of Devolution and the affected counties so that we can deliberate on issues to do with drought and floods. The truth of the matter is that we, as a country, should stop dealing with drought as a disaster. Just as the Chair has said, this is something that the Committee will undertake. Noting the difference in the budgetary allocation, it is something that we want to pick with the Ministry---

Order, Senator!

I was just getting to the clarification.

It is time for clarifications, what have you been doing all that time?

Mr. Speaker, Sire, one of the things I would like the Chair to clarify is on the issue of the livestock off-take programme. There might have been a launch, but the livestock off-take programme has not taken place in some places like Samburu. The Chair can clarify whether he is aware and if it is a true reflection on the ground.

Hon. Senators, remember it is clarifications.

Mr. Speaker, Sir, since I was young, I have been hearing about ASAL and various Ministries and Ministers in charge. Is there a plan by the Government to stop referring to these areas as ASAL by a deliberate injection of capital and resources there? If so, could the Chairperson of that Committee go back and then come back with a more comprehensive agenda of the Government with respect to that matter? Mr. Speaker, Sir, if you would allow me, I would like to say that we should rethink our Standing Orders so that we can allow Cabinet Secretaries here because we are moving back and forth. We should interrogate them on the Statements regarding matters affecting the nation. Our colleagues have done it in the National Assembly. There is nothing wrong to borrow from practices that might be useful to the Senate.

Mr. Speaker, Sir, it is disheartening and, indeed, unacceptable to hear that certain areas of this country may miss food because of the so- called “drought” when certain areas in the country have bumper harvests. Is the Chairperson aware that in Migori County, all the stores; one in Ntimaru, another one in Kehancha and another one in Awendo and another one in Migori town are full of harvests? There is nowhere for farmers to sell their last seasons’ harvest.

Thank you, Mr. Speaker, Sir. I want to ask if the Chairperson is a lawyer. I am concerned with the failure of the Government not to have 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 just want to find out what rationale was applied in reducing the budget from the over Kshs2 billion that is usually allocated for this purpose to a mere Kshs98 million? Further, the Chairperson is aware that citizens in some of these marginalized areas are given food. In fact, they depend on some of this relief food to sustain their livelihoods. Is the action to reduce this budget so drastically, therefore, well thought out?

Thank you, Mr. Speaker, Sir. When the Jubilee Government took over, they promised citizens from those counties which are affected by famine, drought and cattle rustling that cattle rustling and famine will be a thing of the past. It is now the second year for them in power. I would like the Chairperson to tell us why the Ministry of Agriculture, Livestock and Fisheries stocks thousands and thousands of bags of cereals in places like Samburu, but when famine arises, we are told the cereals are unfit for human consumption? Could he go back and tell us why they are stocking food which is unfit for human consumption in our counties?

Mr. Speaker, Sir, could the Chairperson explain to this House why this problem of drought is all the time repeatedly discussed in this House for many years? Is there any plan at all to ensure that in the next few years, this matter will be laid to rest? Because as you know the reason people in Laikipia West, Samburu District and, of course, Pokot and Baringo, will continue to suffer? For the last 50 years, they have continued to suffer from drought and we are all aware that a lot of money has been spent on matters which may not be as important as this one. Could he explain to this House when this matter will come to an end? Could he also assure us that enough money will be allocated for creating dams and facilities which should deal with this situation? Thank you, Mr. Speaker, Sir.

Thank you very much, Mr. Speaker, Sir. It appears like the situation of ASALs, hunger and prolonged drought is a story that has been there for the last so many years; it has been there throughout.

What is your question, Sen. Karaba?

Could the Chairperson note that---

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Mr. Speaker, Sir, I will summarize all the answers without really focusing on this or on that. First, with devolution, we should end this debate about drought because, really, there will be more in a county, for example, like Turkana, Marsabit, Mandera or Wajir, which was considered ASAL completely. We will now have a local government which understands the needs of that area with the desire to address the problems of the people of that area. The reason we went for devolution was particularly for that reason. I suspect the reason the budget was reduced is basically because that problem needs to be dealt with at that local level. Resources in that county are focused on programmes and projects that are meant for ensuring that, first of all, the people of that area are food secure. We all know that there is a combination of factors that makes it food insecure, but it is the consolidated efforts of both county and national Governments. For example, the national Government is planning on massive irrigation projects. Once these projects take off, automatically it will be the county government to continue with it because it will now become an agricultural function. Maybe like the people are saying, the national Government should inject all this money at once from the first instance, but it should be done successfully by the county government, whether in the Tana River project which they are planning or along the Kerio Valley up to Turkana, where also major irrigations are planned. This should actually be the direction. I read the statement which was very clear, that there is a plan that was put in place in 2012 to end this issue of drought by 2022. Mr. Speaker, Sir, at that time, it was just being said “2022” because these were plans put in place under Vision 2030 before devolution came into place. However, now with county governments, if the county governments shall be serious and if our governors focus their energy on these issues and forget about sideshows and other debates and focus on development in that area, I am very confident as the Chairperson of the Committee on Devolution that 2022 will be far; we can achieve this goal within the next two, four or five years and our people will be food secure. Mr. Speaker, Sir, the issue of inviting the Cabinet Secretary here, that is a decision of this House, it will go through the issue of procedure. It will not just affect the Ministry, but it will affect all of us. Mr. Speaker, Sir, somebody asked why has the Government not set aside money? As you know, it is not the responsibility of the Government or the Executive to set aside money if I may put it that way. It is the responsibility of Parliament to set aside money. This House ensures that the Kshs226 billion goes to the counties. Some of this money will be used for that purpose. It is no wonder that some counties get huge allocations, especially the marginalized areas, based on the formula of marginalization. As 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.

I was just wondering whether the last bit is part of the answer or side-shows. Sen. Kiraitu.

Mr. Speaker, Sir, please allow me to make a comment on this as the Chair of the Committee on Agriculture, Livestock and Fisheries. We have just concluded a study visit to China and India on issues of food security. We tried to understand their history on how they dealt with issues of circles of drought in those two countries. What became very clear is that using the strategies that we have in this country, we will never be able to eliminate droughts or food deficiency in the country. This is because we just give lip service to this very important issue. I was even in the Cabinet in 2004 and we said that we were going to put an end to drought in this country. Ten years later, it has not been done. Mr. Speaker, Sir, what we learnt from those two countries is that agriculture and livestock have to be taken more seriously by the Government, just like we take education, health and security as a national service that we are giving to our people. This sector is the most important employer of Kenyans. It supports about 80 per cent. It is the major The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. Kiraitu!

Mr. Speaker, Sir, let me finish. We have looked at the programme and they are talking about one million acres to be irrigated during the life of this Government. This will not happen because what we are now debating is 10,000 acres which have been stopped by the court. Even if it was successful, it would take 100 years to make one million acres. Unless we take this matter seriously and devolve it, so that each Governor is given a number of acres to irrigate within their counties, we will never achieve even the one million acres. So, what I am calling for is massive resource injection, if we are to end the circles of drought and famine in this country. Thank you, Mr. Speaker, Sir.

This is Statements Hour. Many of you contributed to the statement and the Chairperson responded. I only extended to the Chairperson of the Committee on Agriculture, Livestock and Fisheries by virtue of his position. So, that should really be the end of it. I would imagine that the Chairperson, Sen. Murkomen, has seen the mood and he is already planning to organize a meeting. I guess all of you will be invited to that particular meeting and then you can ventilate. This is not such a forum, Sen. Hassan.

On a point of order, Mr. Speaker, Sir. Whereas it was desirable for me to use Standing Order No.248 to propose that change of our Standing Orders, I want to speak to you as the Chairperson of the Rules and Business Committee, under Standing Order 247. If the Rules and Business Committee which you chair can find it fit to bring that amendment to allow Cabinet Secretaries to come to this Senate to clarify some issues, it would be an easier and faster process than trying to go by way of Standing Order 248. So, I am speaking to you in that capacity and hope that I am in order.

Of course, you are definitely in order to put a request. However, that request has been made before and the Chair ruled that matter is under active consideration. So, you need to be a bit patient. There is no amount of requests that will speed it up, because there are many other considerations that are being put into place. Sen. Kembi-Gitura.

Mr. Speaker, Sir, I had sought a Statement on the Order Paper, but I notice that the Chairman of the Committee on Finance, Commerce and Budget is not here.

Why do we not exhaust the ones that may be present? Let us move on to “e.” 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 seek your indulgence. I know that this statement was sought before we went for recess. We sent it to the relevant Ministry and I want to report that I have just received the response while seated here. We, as a Committee, have a sitting tomorrow and we will go through this response before it can be presented to the House, because I have just received it now.

Mr. Speaker, Sir, the Chairperson says that he has just received his response while I received mine two weeks ago. Be that as it may, I am obliged to give the Committee time because this is a very important matter affecting Kitui County. Therefore, I will be patient enough to allow the Chairperson and his Committee to come up with a suitable answer.

Mr. Speaker, Sir, I do not know through which means the Senator received his response. We, as a Committee, make our communications through the Clerk of the Senate. The statement has just been delivered to me now here from the office of the Clerk. Maybe he went directly to the Cabinet Secretary who happens to come from the same area and same constituency with him. I got my response now from the Clerk and there is nothing I can do about it.

Sen. Musila, how did you get a copy of the statement?

Mr. Speaker, Sir, I would like to correct what my friend has said. I got this from the office of the same Clerk that has delivered the same to him today. I got mine two weeks ago from the same Clerk. I am a complainant to the Cabinet Secretary for Lands. Therefore, there would be no way I would go and collect documents from her.

Sen. Khaniri, you know this country has issues with ethnicity and by you implying that Sen. Musila got his statement through other means than formal, is a serious assertion. So, I think you at least owe him some small apology. Secondly, definitely an institutional leader would not want to operate on the basis of ethnicity, relations and or nepotism; he must operate on the basis of formal structures.

Mr. Speaker, Sir, I oblige and withdraw and apologize to my senior brother, Sen. Musila. I can see the statement was received here sometimes at the end of last month and somehow the Committee has not had a session since we went for recess. I believe that is why we did not get possession of it. Therefore, we will go through it tomorrow. If we are given up to next week, we should be able to deliver the statement.

We definitely believe that you received the statement now since it is shown on the envelope. That seems to be standard practice for delivering messages to the Chamber. So, I have no doubt. Is Tuesday okay for you?

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Mr. Speaker, Sir, I am privileged to sit next to the Vice Chairperson of the Committee on Land and Natural Resources. I want to testify that I saw him receive this envelope a few minutes ago.

Order, Senator! That matter has been disposed of. That leaves us with the issue of Sen. Kembi-Gitura’s Statement. The chairperson of the Committee on Finance, Commerce and Budget is not around. Is the Vice Chairperson or any other Member around? There is a statement due from the Standing Committee on Finance, Commerce and Budget on the escalating bank interest rates, sought by Sen. Kembi-Gitura many months ago. What do the Senate Majority Leader and the Senate Minority Leader have to say?

Mr. Speaker, Sir, I undertake to inform the Chairperson of the Committee and since some Members of the Committee are here, maybe, they could also assist me so that we have the statement ready next week because it has been pending for quite some time. So, I request that we be given up to next week.

No, I am not giving you anything. That statement should be issued tomorrow afternoon. You cannot leave things pending forever and yet we are just from recess. That should have accorded you ample time. Nobody is even here to excuse the Committee. This is unacceptable.

Mr. Speaker, Sir, I think this statement had been made; what is pending is just a follow up on clarifications sought. So, tomorrow afternoon will be okay with me.

So make sure you look for the Chairperson, the Vice Chairperson or any other Member to respond. The Senate Deputy Majority Leader, in the absence of any Committee Member, I take it that you will be personally responsible to issue the statement.

Mr. Speaker, Sir, the Whip is also in that Committee and I think we will take responsibility. The Senate Minority Leader is also one of the Committee Members.

Of all the people you have mentioned, you happen to be higher on the pecking order and the responsibility is with the highest.

Mr. Speaker, Sir, I will do so.

On a point of order, Mr. Speaker, Sir. Are you confirming that actually the Senate Deputy Majority Leader is more senior than the Senate Minority Leader, Sen. Wetangula of Bungoma County?

Order, Sen. Sang! That is neither here nor there. Let us proceed.

On a point of order, Mr. Speaker, Sir. Would I be in order to tell Sen. Sang that the issue of who is senior between the Senate Minority Leader and the Senate Deputy Majority Leader does not arise because I do not know what that seniority is based on? Would I be in order to ask him to clarify?

Sen. Muthama, you are completely out of order! The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. Nobody is clamouring for seniority or lack of it in this House. However, it came from the Chair that the distinguished Senator for Kericho having mentioned me and his Whip, the Chair says that among the people you have mentioned you are high up in the pecking order. I have no line of pecking with the distinguished Senator for Kericho. So, the comparison is misplaced, it does not apply. You being the Chair, I cannot say it is out of order, but it is an unfortunate statement.

The Chair has the capacity to listen to things that are not on record. In fact, I was admonishing Sen. Murkomen for asking you to respond as a Member of the Committee on Finance, Commerce and Budget. Your response was that you are not in Government. So, when the Deputy Majority Leader was talking, he was doing so in that capacity. It is that pecking order that I considered, in the sense that you are nowhere near the Government side. Let us not go that way. That is why I said that it is unhelpful for us to dig into this matter. We should just have allowed it to rest. This depends on the consideration. I also agree with Sen. Muthama on the position he holds. I also agree with the position of this other side. These are positions based on political parties. Therefore, to some extent, they are equal. Let us move on to the next order. SHORTAGE OF DRUGS AT COUNTY HOSPITALS

Thank you, Mr. Speaker, Sir. I stand to request for a statement from the Chairperson of the Senate Committee on Health. Pursuant to Standing Order 43(2)(c), I wish to request for a statement from the Chairperson of the Senate Committee on Health concerning the ongoing drugs shortage at county hospitals. The statement should explain; (i) the technicalities that have led to the shortage of drugs when counties have already received their allocation of funds. (ii) why the drug shortage is still persistent when devolution is meant to address such problems; even when the Bill of Rights grants each Kenyan the right to good healthcare; and, (iii) state the specific solutions being implemented by the national and county governments to tackle these challenges.

Thank you, Mr. Speaker, Sir. I notice that my colleague, the Chairperson of the Committee on Health is not in the House this afternoon. However, as a Member of that Committee, I realise the significance of the question that has been posed. We know the challenges that the Ministry of Health is facing in the country, including that of drugs which has been raised. Therefore, I undertake that we will look into the issue and report, in fact, in two weeks. 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. Mukite that is a directive that you do not need to respond to. Let us move on to the next order.

Who the last person to contribute? Sen. Hassan, you have a balance of nine minutes. Please, proceed.

Thank you, Mr. Speaker, Sir. I contributed to the debate on the Committee on Legislation on Royalties Accruing from Exploitation of Natural Resources in the Counties, but did not complete what I was saying at that point in time. I stopped at a point when I was saying that the idea of devolution in Kenya has been, by and large, about issues regarding resources. I have said this time and again; that; devolution was not intended to be about flags by our county governors. It was not intended to be about escorts for our county governors. It was intended to be a matter of resources and particularly resources that are either exploited from those counties or those that are shared in form of national resources. It beats logic that every county or any group of human beings or societies would be next to natural resources and not reap the benefits. Therefore, it is important that this Senate asserts itself to ensure that those natural resources that are close to a county benefit the locals.

I want to repeat what Sen. Kembi-Gitura said that when Senators are consulting, you get very distracted. Therefore, I request Senators who are consulting to do so in low tones. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, before I call the next contributor, let me also acknowledge the presence of students of Information and Technology of Thika Training Institute, Kiambu County. They are 40 in number led by four lecturers. Lets us The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to make a contribution to this Motion. From the outset, I support this Motion which is a very important report laid in the House. I want to congratulate and thank the Committee by looking at the depth and breadth of the report. It is clear that a lot of work has been put in this Report thus making it a report worth noting in the House. It expands what we understand about natural resources. This country is blessed with solids, liquids, flora and fauna, things in the space and on the surface. Therefore, it is important that we adopt this Report which stipulates how we should handle these natural resources. Mr. Speaker, Sir, I am in agreement with the recommendation that says that we are expected to pass a lot of legislation and regulations to maximize the exploitation of natural resources. I am aware that exploitation of natural resources is a new phenomenon. Therefore, we will have to look at all aspects in trying to maximize it. One of the areas is that of audit. We are aware that this country has not made maximum profits out of some of the products we have in the country. One of the reasons is that we do not have adequate and sufficient legislation to enable us get maximum results from natural resources. It is important that we develop the process of auditing especially in minerals like oil. This is a very cumbersome and difficult process which requires expert personnel. Auditing of oil does not only involve auditing the number of barrels but the quantities of crude oil that come from the ground and their grades. It is important that we know how to do it because it is here where we lose the value of products. It is important that this Report is adopted so that we can maximize and get full benefits from the natural resources in the country. As mentioned by my colleagues who have spoken before, it is important to be careful on how we handle these resources because from history in other countries, they have been causes of strife rather than unity. Therefore, we must be careful in this country. We should make these resources as unifying factors rather than factors that are going to divide the country. I support this Motion to adopt this Report because it has useful factors that can be used for the maximum utilization of natural resources in this country. With those few remarks, I support.

Mr. Speaker, Sir, I rise to support this Motion and congratulate our very able chairperson, Sen. (Dr.) Zani, who is a very indefatigable worker. I think we enjoyed her “chairwomanship” during this particular job and the outcome has been satisfactory. 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.

Professor, your time is up! Sen. Leshore.

Thank you, Madam Temporary Speaker, for giving me the opportunity to contribute to this very important Motion. First, I would like to congratulate Sen. (Dr.) Zani and her Committee for coming up with a very important Motion that affects most of our counties. If this Motion had been brought 20 or 30 years ago, some of our counties like Turkana, Samburu, Marsabit, Isiolo, Wajir, Kwale, Kakamega and Migori would be at par with the rest of the counties like Kiambu, where my good friend who is next to me comes from. They would not be described as arid or semi-arid, if such legislation had been developed some 20 or 30 years ago. Madam Temporary Speaker, in my county, we have a lot of natural resources. Some were exploited during the 1970s and the community received barely anything. I remember in the early 1990s when I queried a company from Japan which was exploring in my constituency then, Samburu East. I remember very well that I was told that they had developed a 35 kilometre earth road which was only costing about Kshs175,000 by then. I asked them about the other things that the community had benefited from and I was shocked to learn that the community received nothing. The county council received about Kshs105,000 for more than 20 years. The national Government, apart from the licence fees, had received nothing. Madam Temporary Speaker, I congratulate the Committee for coming up with this new legislation. The revenue should be governed by the national Natural Resources Council, then by the county natural resources committee and the ward natural resources committee. When we were fighting for devolution way back during the Bomas days, we wanted each and every community to benefit from the natural resources that we have in this country. I thank God that I am still alive and here in this Senate when this Motion is coming up. This is because when we were fighting for devolution, and Sen. (Dr.) The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I want to join my colleagues in registering my compliments to the Chair of the Committee, Sen. (Dr.) Zani, and her entire team for this great Report. I want to assure her that if she manages to push this Motion through and do further consultations, this might very well be the biggest contribution that she might ever make to the economy of this country in her entire life, because this is very important. I am glad to note that in this Report, in the executive summary, the Committee tells us that during their visits, they observed that most communities living in counties with natural resources were not in any way benefiting from the exploitation of those resources. In fact, they found that members were living in abject poverty, despite the counties being endowed with those natural resources, this, being the state of affairs of what successive governments have been doing by way of imagination in terms of unlocking the mineral resource potential of this country. I also notice that the Committee was able to sample nine counties where they paid visits. I want to disagree with them. They should have found time to visit all the 47 counties because there is no single county in this country that has no resource that we cannot wish to develop using legislation of this House. I can tell them, for example, that when you look at all these counties, you left out all the counties of the former Nyanza Province and the former Western Province. In fact, we know for a fact that in certain counties in Western Kenya, for example, Kakamega and Migori, these are serious mineral resource counties. The case of Migori is straight forward because in Migori up to now, we still have locals prospecting for gold. It is just that these people do not have 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.

I just want to remind all of you that while you have made very good references to the draft Bill, bear in mind that this is a draft. It will still go through the publication scrutiny stage. It will have to go through the three stages of First Reading, Second Reading and the Committee Stage during which we can make extensive comments. Therefore, while you make references, do not exhaust or preempt in detail what you may want to contribute during those stages. Sen. Wamatangi.

Thank you, Madam Temporary Speaker. I want to begin by congratulating my Chairperson, Sen. (Dr.) Agnes Zani, first for having a good mind and thoughts of caring for the people of this country and for coming up with this draft Bill. Secondly, I congratulate her for ably steering the process of research and guiding the Committee in its entirety until it came up with this draft Bill. This Bill can be described in three short words; first, in terms of a level playing field, equalisation or fair play. As it has been said by most speakers who spoke before me, the scenario in this country as far as natural resources are concerned has been one of deprivation. The owners, hosts or caretakers of natural resources since time immemorial have been most deprived. As the Vice Chairperson and a Member of the Committee, I want to enumerate a few incidences that we came across. We paid several visits to several areas in this country and what we saw told a story that required, indeed, this kind of legislation. The story requires this legislation to ensure that now we have a new Constitution, we have buoyancy in the spirit of our people who are the owners of natural resources in this country. We paid a visit to counties like Machakos where sand harvesting has been going for a long time. This Committee paid visits to the counties in the Rift Valley and the story is the same. The agents who have helped to grow this country have benefited the least. For example, when we paid a visit to Machakos County, we saw families that have a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante sana, Bi. Spika wa Muda, kwa kunipa nafasi hii ili nizungumzie Hoja hii. Kwanza, ningependa kuchukua nafasi hii kumsifu Mwenyekiti wa Kamati hii, Sen. (Dr.) Zani, na Maseneta wenzangu ambao ni wanachama wa Kamati hii. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for allowing me to contribute to this Report, which is voluminous and detailed. Such a report should not end up in a dustbin. It should not only be scrutinized by the Committee and the Senate, but also taken to the relevant department in the Ministry, so that we can make use of it. It is very important and useful and has long lasting benefits. What we are discussing here is about natural resources and their benefits. We cannot get the benefits until we compare ourselves with those other countries which already have minerals or natural resources exploited, the benefits accrued from the same and what is possible to be accrued from Kenya in areas where such natural resources exist. We have areas where exploitation has taken place through proper prospecting of minerals and natural resources. Here in Kenya, we have some areas which have been geo- mapped and identified as potential areas where minerals may exist. We have the necessary aquifers and wells, but the problem has been uncertainty from the same areas, in the sense that some of these minerals are located in very dry areas. Some of the areas are prone to continuous clashes and the would-be prospectus may fear to engage in perpetual warfare in the pursuit of minerals which later on would benefit the Republic. If peace were to be maintained, I am sure that minerals in some unknown areas would be discovered. Madam Temporary Speaker, examples have been drawn by those who have spoken. For example, we have had problems in Katanga in the Republic of Congo because some people would like to control the minerals. Some high-ranking Government officials would also like to control the export of the minerals at the expense of the areas where these minerals are located. The same thing has happened in Zambia. As a result, exploitation of minerals in Africa has been so much detrimental to the communities where these minerals are found, compared to what happens in Europe and America. If you compare Africa with Europe, Australia and America, you will find that there is a very great contrast between where the minerals are found and the benefits accruing to the same community. In Germany, we have the Ruhr Industrial Region. It is the most industrialized region in the world because of the prevalent exploitation 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.

Asante sana, Bi. Spika wa Muda, kwa nafasi hii ili niweze kuchangia Hoja hii ambayo nakumbuka ililetwa kwenye Seneti tukiwa na vikao vyetu kule KICC na niliweza kuichangia vilivyo. Ninashukuru kwamba Ripoti hii imeletwa hapa ili niweze kuichangia kikamilifu. Ni dhahiri shahiri kwamba tuliponyakua Uhuru wetu walioongoza taifa letu wakati huo na wale viongozi wa hivi sasa, wamesahau kwamba hatukupiginia Uhuru ili tupate viti ama uongozi wa kisiasa na nafasi katika vitengo vingine vya Serikali huku tukisahau kwamba urithi wa taifa letu upo ndani ya rasilmali zetu. Ninasema hayo kwa sababu katika taifa letu, wale walioko katika uongozi wanapiga siasa kuanzia asubuhi hadi jioni. Vile vile, wale ambao hawako uongozini wanapiga siasa kutoka asubuhi hadi jioni hasa wale ambao hawana kazi. Tumekosa mwongozo wa kuzungumzia watu wetu kama viongozi na kuwaambia kwamba matumaini ya maisha mema hayako katika ulingo wa siasa peke yake, ila katika rasilmali zetu. Bi. Spika wa Muda, mimi nimekuwa mchimba madini kwa miaka mingi sana na nimeweza kutembelea nchi mbali mbali. Nimetembelea nchi kadhaa za Amerika Kusini, Bara la Afrika na Asia, na nimeona vile rasilmali zinatumika. Ni jambo la kusitkitisha sana ukiangalia Kaunti ya Machakos. Nimefurahi sana kwamba Kamati hii iliweza kufika Machakos na kukutana na viongozi wake. Yale yote ambayo yamesemekana hapa ni mengi. Lakini ningependa kusema kwamba changarawe asili mia 70 iliojenga Mji wa Nairobi ilitoka Kaunti ya Machakos. Mapato ya watu wa Machakos ni mito yao. Hilo ndilo tegemeo lao la maisha. Mapato yanayopatikana kule Machakos ni duni mno. Wale wanaouza changarawe kule Machakos ni maskini wa kupindukia. Watoto wao wanaishi katika hali ya upweke ilhali kasheshe ilioko kule nia yake ni kuharibu tegemeo la watu wa Machakos. Wanaotoa changarawe na kuuza hapa Nairobi wanapata mamilioni ya pesa lakini ajabu ni kwamba Serikali ambayo ingelinda maslahi ya wananchi inawatoza pesa za kupata leseni kwa miezi mitatu. Kwa hiyo miezi tatu ni zaidi ya magari 180 ambayo The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante sana Seneta. I am not seeing further requests unless something is not reflecting here. Sen. Chelule, my records show that you are the one who seconded this Motion. Therefore, unfortunately, you cannot contribute. Are there any other interests? There being no further requests, I will call upon the Mover to respond. Senator, you have 30 minutes.

Thank you, Madam Temporary Speaker. I stand to reply. I would like to start by thanking all Senators for their contributions, insights and the information that they have shared so willingly with this Committee. They have debated on this report; indeed, right from the time it was a Motion in this House up to this time when we have a report of the Committee. We hope and project that we will be debating this as a Bill in this House. Let me start by thanking all the Senators. On behalf of the Committee, I would like to say that we value the input that has been given to us, the insights and suggestions that have come forward. Indeed, we also tried to ensure that we had participation at various stages and involved various stakeholders. It is in the light of this participation that we hope to come up with a Bill and, indeed, later an Act of Parliament that will be effective in managing natural resources in this country. This has been an area with a large gap. As much as that gap has been recognized, efforts to fill it have been put in place but in a fragmented manner. Therefore, the efforts we are putting forward, as a Senate, in trying to come up with a law that will ensure that the management and control of natural resources can be carried out effectively by the whole country is very critical for us. I would like to thank the Members of this Committee; 17 Senators in total, for their commitment, right from the beginning. I think it was very easy for me as the Chairperson to chair the Committee. The Committee had Members who were very dedicated and quick in responding. They accompanied me in the various trips that we made. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

We have had this Committee Report for some time and really need to dispose of it. I have looked at the recommendations contained on pages 36 and 37. In my opinion, all the seven recommendations point to the introduction of the proposed Bill and they do not affect counties. The Bill will be a matter affecting counties, but the recommendations contained here do not affect counties. Therefore, I will move to put the Question.

ADOPTION OF REPORT OF STANDING COMMITTEE ON EDUCATION, INFORMATION AND TECHNOLOGY ON RETREATS WITH COUNTY EXECUTIVE MEMBERS IN CHARGE OF EDUCATION AND INFORMATION TECHNOLOGY THAT, the Senate adopts the Reports of the Standing Committee on Education, Information and Technology on Retreats with County Executive Members in Charge of Education and Information Technology (ICT) held at the Great Rift Valley Lodge, Naivasha on 11th - 14th September, 2013, Serena Hotel, Mombasa on 17th –20th October, 2013 and at Continental Resort, Mombasa on 19th – 22nd December, 2013 laid on the Table of the Senate on Thursday, 3rd April, 2014.

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

Hon. Senators, the last time we debated this Motion, the last speaker was the Senate Minority Leader, Sen. Wetangula. As the Senate Minority Leader, he has one hour for Committee reports. He exhausted three minutes and had 57 minutes left. From the look of it, the Chair, Vice-Chair or any Member of this Committee are not in the House. I think we will do them justice by deferring this Motion and not disposing of it without giving them the benefit of replying.

Next Order! ESTABLISHMENT OF COMPREHENSIVE CAPACITY BUILDING PROGRAMME FOR TEENAGE PARENTS THAT, aware that the number of the teenage and pre-teen parents is increasing by the day; noting with concern that majority in this category are girls from poor households and that this problem compounds the vicious cycle of poverty in Kenya; recognizing the socio-economic challenges facing this special category of parents including lack of income and entrepreneurial capacity, inadequate parenting skills, low educational levels and lack of health care; appreciating that Article 45 (1) of the Constitution of Kenya recognizes the family as a fundamental unit of society that enjoys protection of the State; cognizant of the fact that the Government has a duty to cater for the youth and children of Kenya; the Senate urges the National Government and the county governments to:- (a) put in place mechanisms that will help establish a comprehensive capacity building programme for teenage parents to ensure they practice responsible family life; (b) come up with non-discriminatory back to school or training programmes and initiate necessary legal and policy framework that will identify persons within this group to benefit from the programmes; and, (c) guarantee funding and sustainability of the initiative and other child welfare programmes aimed at benefiting teenage parents.

Hon. Senators, again, as you can see, this is my Motion and I am in the Chair. Since I cannot move it, I will, therefore, direct that it be on the Order Paper tomorrow. It should be given priority tomorrow. Let us move to the next Motion.

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On a point of order, Madam Temporary Speaker. Earlier in the afternoon, Sen. Henry ole Ndiema, the Senator for Trans Nzoia had indicated to me that he was not convinced that we would reach this business. So, he left on the assumption that there was too much business ahead of him. He had indicated that he would want to move the Motion next week. I do not know how you will decide. I beg that you defer the Motion, because he had actually talked to me and I had come here to second it. I have an interest in this Motion.

Well, he talked to the wrong person. He should have approached the Chair. We will therefore leave it to the Chair and the Clerk’s office to make a decision. We will now move on to the next Order.

Madam Temporary Speaker, I beg to move the following Motion which is very close to my heart. THAT, aware that learners with special needs and disabilities in Kenya are faced with serious challenges including inadequate educational institutions, facilities and specialized teachers to cover all levels of learning; noting that the UN Convention on Rights of Persons with The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I would like to thank Sen. Karaba for coming up with this very important Motion. This is a Motion which is at the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I just want to start by saying that nobody asks or requests to be born with special needs or disabilities. I think we, as a country, need to be very sensitive to this. I think it is about time we discussed it in a very sober, very compassionate and also very serious manner, in terms of coming up with a policy and something very concrete that can be put on the table to change the situation. Therefore, I thank Sen. Karaba for timely bringing this Motion. Madam Temporary Speaker, we can start by looking at the statistics that were given by the Kenya National Survey for Persons with Disabilities, (KNSPW) in a report of 2007. The report says that 4.6 per cent of Kenyans experienced some form of disability; some visible and some not. As Sen. (Dr.) Khalwale said, we have to be very conscious of all forms of disabilities, visible and non- visible. We also have to be conscious that there is need to categorize, to have specific provisions given for different sources of disabilities and the fact that the environment is what makes it very difficult for people with these disabilities to survive. Disability, in and of itself, is not a problem if it is given the support that is necessary. Most of these people reside in the rural areas rather than in the urban areas. Therefore, in terms of the implication putting policy direction, it is very important that we do not forget the rural areas; that we really focus on them because more of the disabled people live there. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I would like to thank Sen. Karaba who is my chairperson and Dr. Boni Khalwale who is my doctor. This is a very valid Motion. I would like to go the medical way and urge the Government to continue supporting our health institutions. When we think about the causes of disability we find that most of the cases occur during pregnancy period when a mother does not get the right food or may be the mother is given the wrong drugs and undergoes other stressful conditions. So we must stop doing postmortem in this country. We must go head on and find why we are having those characters. Why are we having increased numbers of disabled children? During pregnancy the mother undergoes a lot of stress and the baby can also be stressed. Madam Temporary Speaker, during pregnancy, you find that most of the time instrumental deliveries can be done or forceps deliveries and even sometimes ignorance from the medical personnel. I would really urge our Government to take care of our human resource, because the nurses or the medical personnel are never satisfied in this country. That is why we normally have brain drain. Most of our very able doctors and nurses are leaving our country. We end up not having the right personnel to take care of our pregnant mothers in our country. After delivery, the women undergo a lot of stress because our men are also not taking care of us. They keep on denying what we are carrying for them. I would really urge that we do proper prenatal care, proper pregnancy care and proper post natal care. Apart from the human resource, I would urge we supply the right drugs and equipment to our hospitals. We must have the right personnel. It is sad that we have untrained nurses who are conducting deliveries in our hospitals. Even the traditional birth attendants must go through certain training. We must we ensure our mothers are safe so that we get healthy babies. It takes long to raise a normal baby. It also takes a long struggle for a mother to deliver a baby. Women should feed well during pregnancy because they lose a lot of blood during delivery. This can even cause a lot of mental retardation to these children. The mothers prenatally are also not taken care of because they do not even know what to expect. We should even urge more male nurses to enroll because they are more caring and friendly to women during delivery. We should enroll more male nurses because normally as you know unlike poles normally attract, not in the bad way, but they listen and they really take care of us. I remember when I carried my first baby I did that before my training. It was very bad experience because I was asked how much water dripped, but I did not know which water they were talking about. It is very good to have nurses who are also mature and have gone through the training before they go and conduct the deliveries. We have very young nurses who do not even know what to expect. They are normally in the labour ward and they think going through labour is part of fun. They do not even know what to expect. They should also go through that labour pain, the labour period, and also the delivery so that we have mature nursing personnel. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Madam Temporary Speaker, for giving me an opportunity to contribute towards this important Motion. I would like to also thank Sen. Karaba for wearing the shoe of persons with disabilities. This is the direction we should take as Kenyans because the problem of disability, as it is, is left to the affected families; the parents who have a person or a child with a disability. I want to thank the speakers who have contributed to this Motion because they have given me moral support. They, indeed, understand what disability is and the challenges faced by children and learners with disabilities. It is saddening that most service providers do not accommodate persons with disabilities, especially in making sure that we have enough institutions. They always give it a last chance or priority. Without forgetting, I want to thank Sen. (Dr.) Khalwale for reminding me of the war I had with other Members of Parliament when I was requesting for the CDF to construct special schools within their constituencies. I can report that until now, nothing has been done. The unit that was located within the primary school was closed down and the visually-impaired children were sent home. Parents were called to take away their children. Put yourself in a situation where you are called to pick your child from school. Where do you take that child? I want to mention three things that we need to address as a Government for us to ensure that we give opportunity to learners with disabilities. Sen. Karaba, who is the sponsor of this Motion, if I am not wrong, has said that it is targeting the severely disabled learners. We have learners with disabilities who can cope up with the situations in ordinary schools. I personally went through an ordinary school where I used to crawl on the road. However, I managed that for eight years. But what about a person with a severe disability who cannot cope up with the situation of going to and from school? That child is denied that opportunity to attain or to access education. The three things we need to address, as a country, to ensure that learners with severe disabilities are retained in institution are: One, the facilities. Are these facilities disability friendly? Can they ensure that this leaner gets the quality education that is deserved according to the type of disability? 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, this is a timed Motion. We have two hours and 12 minutes remaining. Sen. Nanjira, you will have eight minutes to conclude your very emotional contribution. It is now time to adjourn the Senate. The Senate stands adjourned until tomorrow, Thursday, 25th September, 2014, at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.