Shall we proceed. It appears that in the appendix, there are some Papers to be laid. Leader of Majority! Sen. Orengo, do you have some Papers to lay on the Table? REPORT OF THE SESSIONAL COMMITTEE ON IMPLEMENTATION STATUS OF RESOLUTIONS OF THE SENATE.

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Tuesday, October 21, 2014:- Report of the Sessional Committee on Implementation Status of Resolutions of the Senate. Thank you, Mr. Speaker, Sir.

Thank you, Sen. Orengo. Leader of Majority, do you have some Papers to lay on the Table? THE PRESIDENTIAL ADDRESS 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. I beg to lay the following Paper on the table of the Senate today, Tuesday, 21st October, 2014:- The Presidential Address delivered on Monday, 6th October, 2014 during the Special Sitting of Parliament.

Order, Members! Is that all? Sen. Wako, do you have any Papers to lay on the Table of the House? There are some other Papers that are supposed to be laid. Are they ready or not? Who is supposed to lay them on the Table of the House? Senate Majority Leader, maybe you can help us to understand what is going on here.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, the only paper which has been brought to my attention is the one which I have just laid on the Presidential Address. My understanding is that the other papers are supposed to be laid by the various Chairpersons of the Committees involved.

You are the Senate Majority Leader and I thought that you could help me understand why no Chairperson of a Committee is rising to lay these Papers on the Table of the House. That is the reason I called you out.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I think that the disorganization has occurred since we have just finished our Kamukunji. But I can see Sen. Orengo---

Sen. Orengo has done what he had to do.

(Sen. (Prof.) Kindiki): Sen. Wako also has a Paper to lay on the Table.

Sen. Wako says that he has no papers to lay on the Table. Sen. Wako, can you, please, do what is right? If you have Papers to lay on the Table of the House, can you do it now?

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Tuesday 21st October, 2014:- ANNUAL REPORT OF THE COMMISSION FOR THE IMPLEMENTATION OF THE CONSTITUTION, 2013/2014 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.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to the provisions of Standing Order 24 (6), the thanks of the Senate be recorded for the Address of H.E the President delivered on Monday, 6th October, 2014 during the Special Sitting of Parliament. AD HOC COMMITTEE TO MONITOR COURT The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, aware that pursuant to Article 96 (1) of the Constitution of Kenya, the Senate represents the counties and serves to protect the interests of the counties and their governments; further aware that several adverse orders restraining the Senate from executing its role have been issued by the courts; appreciating the need for the Senate to execute its constitutional mandate without interference; further appreciating the wealth of experience and knowledge possessed by Senators in various fields; the Senate resolves to establish an Ad Hoc Committee, with effect from 2nd September, 2014, comprising the following Senators to closely monitor court cases involving the Senate or which have an impact on the constitutional mandate of the Senate, and apprise the House from time to time and in any event report to the Senate within six months- 1. Sen. Amos Wako – Chairperson 2. Sen. Kembi-Gitura 3. Sen. (Prof.) Kithure Kindiki 4. Sen. Moses Wetang’ula 5. Sen. Kiraitu Murungi 6. Sen. Fatuma Dullo 7. Sen. Mutula Kilonzo Jr. 8. Sen. Stephen Sang 9. Sen. (Dr.) Boni Khalwale 10. Sen. Hassan Omar 11. Sen. Judith Sijeny 12. Sen. Kipchumba Murkomen 13. Sen. Ekwee Ethuro; Speaker of the Senate ( ex – officio ) ADOPTION OF REPORT OF SESSIONAL COMMITTEE ON IMPLEMENTATION STATUS OF THE RESOLUTIONS OF THE SENATE

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Sessional Committee on Implementation on the status of the implementation of the resolutions of the Senate laid on the Floor of the House today, Tuesday 21st October, 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.

On a point of order, Mr. Deputy Speaker, Sir. With a lot of due respect to His Excellency the President, the Senate Majority Leader and the Rules and Business Committee, the Speech of His Excellency the President, according to me, is a matter that has been overtaken by time. I want to believe that this is improper use of our time. The President made a speech, travelled, came back and is continuing with his duties. I want to move that this particular Motion has been overtaken by events. We have a lot of business that is pending. We are not adding any value by discussing the Speech of His Excellency the President.

Just for the sake of good order, because I can see some requests, please, distinguish the request to address the House and the request for intervention. If you want to intervene on a point of order, it has to be through that button called “intervention.”

Mr. Deputy Speaker, Sir, looking at the Order Paper, and looking at the timelines, pursuant to Article 181 of the Constitution regarding impeachment, I would like to seek your guidance on the proposed impeachment of the Governor of Makueni County, which if we do not do it today, the timeline would have gone. I wanted guidance on what happened. Why is it not on the Order Paper?

May I propose that we deal with issues as they come, Sen. Billow. Right now, we are dealing with the Presidential Address. A point of order has been raised by Sen. Khaniri and I can see that Sen. Haji is also seeking the Floor. Can we deal with that one first?

Mr. Deputy Speaker, Sir, I wish to differ with my very close friend that discussing the Speech made by His Excellency the President has not been overtaken by time. When His Excellency the President addressed a special sitting of Parliament, there was no opportunity for Members to ventilate and air their views about what the President said. The Senate has resumed today after a long period of recess. Therefore, it is quite in order for us to discuss this issue. It will add a lot of value to Kenyans to know and appreciate what the President said.

Sen. Khaniri, do you have something, to say, but before I call upon other Senators to ventilate on this issue, are you relying on any Standing Order in making the statement or is it a statement from where you stand? Are you asking me to find that there is no point of discussing the Presidential Address? Or are you relying on any Standing Order or precedent or other law? 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 rose to seek your guidance and to find out if what we are doing is adding any value. It is improper use of our time and that we embark on serious matters such as the one that Sen. Billow has just raised.

Yes, but is this not a function of the Constitution that when the President addresses Parliament, a Paper may be laid on the Table of the House like it has been laid and that debate will ensue under Standing Order No. 24(5) and (6) of our own Standing Orders? This is because if it is a function of the Constitution, then it may not be upon me to say whether or not we should discuss it just because one Member thinks it may be a waste of time.

Mr. Deputy Speaker, Sir, the relevant Standing Order that you are referring to; which is Standing Order No. 24(6) states: “A Senator may give a notice of Motion, that “The Thanks of the Senate be recorded for the exposition of public policy contained in the Address of the President” but debate on the Address shall not exceed three sitting days.” This indicates that it is not mandatory. In my opinion, this matter has been overtaken by events and it is not mandatory that we discuss it.

Yes, it states so but the point I am making is that now a Senator may give notice so that what you are saying has been overtaken by events itself. The right time at which the objection would have been made would have been at the point before the Notice of Motion was given to lay on the Table of the House the Speech by His Excellency the President to be discussed under Standing Order No.24 (5) and (6). I ask you this, Sen. Khaniri, with a lot of respect because I know that you are very strict on Standing Orders. That is why I am asking you to give me a basis on which to make the direction which you seek.

Mr. Deputy Speaker, Sir, I did not research on this. I stand guided by you but I strongly believe that it does not change my believe that we are not adding any value. I wanted to you to find that it is not necessary and that it is not proper use of our time. However, if you so rule, then so be it.

Sen. Khaniri, I ask you that again with respect because as you know, I only referred you to Standing Order No.24 (6) which states: “A Senator may give a notice of Motion, that “The Thanks of the Senate be recorded for the exposition of public policy contained in the Address of the President” but debate on the Address shall not exceed three sitting days.” Are we not already beyond that point? Are we not already built that point where I can stop debate on this issue because once a Motion has been approved by the Speaker from whichever Member, it becomes the property of the House? Therefore, it could even look preposterous or presumptuous for me to then say once the Motion is before the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir. I am also wondering which Standing Order my colleague, Sen. Khaniri, was telling us to use so that we shelve debate on the Address of His Excellency the President, knowing very well that we have resumed business today since the very day we had a Joint Sitting of Parliament. Just yesterday, we were celebrating Mashujaa Day. I believe that this Motion was already approved by the RBC to be discussed by the House. All what it is trying to tell us is, how we can make sure that the country is really united. With the best suggestion of unity particularly coming from the Address of His Excellency the President, Members of the Senate can ventilate. Out of this, at least, we can show the country that if we are united under the institution of the presidency, the country can go forward. I believe that maybe the Senator just wanted maybe to be seen.

Order, Sen. Mositet.

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

Order, Sen. Khaniri! I have not called you. Sen. (Prof.) Lesan wants to intervene on a point of order.

On a point of order, Mr. Deputy Speaker, Sir. I also wish to make an observation on the request made by Sen. Khaniri that the Presidential Address has been overtaken by events, I do not think that this speech has been overtaken because the time allocated is as soon as practicable. I think this is the soonest that we are able to contribute to that Address. Therefore, the issue of being overtaken by events does not arise in this case because we are still within the earliest possible time that has been allocated. For that matter, it is still quite in order. In any case, the contents of the Presidential Address have not been overtaken by events; like the existence of our forces in foreign countries. This is contained in this Address and we cannot say that it has been overtaken by events. Thank you, Mr. Deputy Speaker, sir.

Sen. Khaniri, I will give you the last word on this issue, and then I will give a direction as you have asked me to do.

Mr. Deputy Speaker, Sir, before I ground my emotion on the Standing Order that I have here, I want you to find my colleague, the Senator for Kajiado County, out of order because he says that I raised this particular point of order just to be seen. I think that is imputing improper motive on me. 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 already told him that he was out of order on that point. I think on that one, Sen. Mositet, you should withdraw and apologize to Sen. Khaniri. Sen. Khaniri is not known to raise frivolous points of order. I think it is important that you withdraw.

The Senator is not just a good friend of mine but a serious Senator, I know that he is also very serious ---

Sen. Mositet, I asked you to do something very simple. I did not ask you to make another speech.

I withdraw and apologize.

Thank you very much. Now, Sen. Khaniri, in my considered opinion, because you asked me to give my direction on this issue, my view is that when the President addresses Parliament, it is a constitutional function. The President gave his address to Parliament on 6th October, 2014. Pursuant to that, the Senate Majority Leader (Sen. (Prof.) Kindiki, has moved a Motion which has been approved by the Speaker of the Senate (Hon. Ethuro), that we should discuss that Motion under the provisions of the Constitution and our own Standing Orders No. 24 (5) and (6). Since the Motion has been approved by the Speaker, it is my considered opinion, and I am giving directions as you have sought that the Motion is properly before the House and we cannot pre-empt it and say it is a waste of time. Let us see what interest the House has, whether Senators think it is a waste of time because if they think, then they will not debate it. Let us proceed from there, that is, from a point of strength. My direction on this issue is that the Motion is properly before the House. It cannot be deemed to be a waste of time because it is pursuant to both the Constitution and also our own Standing Orders. It is so ordered. The Senate Majority Leader, can you proceed? THANKS FOR PRESIDENTIAL ADDRESS

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to the provisions of Standing Order 24 (6), the thanks of the Senate be recorded for the Address of H.E the President delivered on Monday, 6th October, 2014, during the special sitting of Parliament. Mr. Deputy Speaker, Sir, on 6th October, 2014, the President of the Republic of Kenya, His Excellency Uhuru Kenyatta, addressed a joint sitting of Parliament. The Constitution empowers the President to address Parliament once every year or at any other time. So it is important to underscore the fact that the Constitution has given The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir. I wish to second the Motion. I also want to take the opportunity to thank His Excellency the President for his Speech during the Joint Sitting of the House. The Joint Sitting was not only necessary but also timely. It addressed the anxiety that existed at the time in the country as to the status of the President with regard to the ICC and whether he would attend or not. The Speech addressed concerns regarding the sovereignty of the nation. It clearly gave direction on the Presidency in the event that he decides to go. This was a very essential sitting and the Speech was clearly very remarkable. It set a milestone in some of the decisions, for example, his decision to temporarily hand over the reigns of power. The Attorney–General emeritus knows 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, Sen. Billow Kerrow.

Thank you very much, Mr. Deputy Speaker, Sir. I support the Motion. I will not speak too much because I had one of my teeth removed this afternoon. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Wetangula, if you want to make a point of order, you must intervene in the correct manner.

Thank you for your leadership, Mr. Deputy Speaker, Sir. I think he should withdraw and apologise for calling me a sycophant. He said that. He is somebody I respect very highly.

Sen. Wetangula, did you call Sen. Yusuf a sycophant?

It is on record

I do not know. We can check the Hansard.

Mr. Deputy, Speaker, Sir, if he is a leader, he should be honest enough to say I am sorry.

Mr. Deputy Speaker, Sir, ---

Are you rising on a point of order?

I thought you had asked me a question.

Yes, I asked you whether you called him a sycophant or not.

Mr. Deputy Speaker, Sir, I said let him go on with his sycophancy, yes, because this idea of saying juu, juu, juu zaidi, first, he was flouting the Standing Orders. When you start speaking in English, you do not switch to Kiswahili. The “ juu juu juu zaidi” are the days of sycophancy in this country, which everybody knows.

Sen. Yusuf Haji.

Mr. Deputy Speaker, Sir, that is unparliamentarily and he cannot get away with it. He should apologise and withdraw. He must!

Sen. Wetangula, is it right to call Sen. Yusuf Haji a sycophant, because that is what you have done? Whatever semantics you may want to use, you have referred to him as a sycophant. Is that parliamentary language? 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, when a Member starts contributing and within less than a minute, he says “Let me start by saying; “Uhuru, juu, juu, juu zaidi; ” If that is not sycophancy, I do not know what you would call it.

Mr. Deputy Speaker, Sir, are you allowing that? Because if you allow that, nitamwambia yeye pumbavu, mshenzi mkubwa.

Order! Sen. Yusuf Haji! Sen. Wetangula, in my considered opinion as the presiding officer, I want to state clearly that every Member has a right, like you have a right, to say what you want to say. You have the freedom of speech, particularly in Parliament where you can say anything under the privilege but even that freedom of speech has its own limits. Order! Order, Sen. Wetangula! Sen. Yusuf Haji, in his contribution, has said what he has said because you called him a sycophant. My understanding of the word “sycophant” must be the same understanding that you have of sycophant and I consider that to be unparliamentarly. Would you like to do the correct thing or would you insist on imputing improper motive on Sen. Haji?

Mr. Deputy Speaker, Sir, did you hear what he said about me?

Right now, I am dealing with the allegation that you called him a sycophant.

The Chair cannot pretend not to have heard what Sen. Yusuf Haji said while standing and facing you. He said: “ Pumbavu,mjinga.”

Sen. Haji, did you utter the words that Sen. Wetangula says you used?

Mr. Deputy Speaker, Sir, I am an honourable person. Yes, I said that as a result of what he did to me.

Sen. Haji, would you like to insist or withdraw?

Mr. Deputy Speaker, Sir, I insist that he has to withdraw first.

Who has a temporary card called “Temporary 2, Ongoro?” Hon. Senators, I would like to draw your attention to the provisions of the Standing Orders, and they are clear. Sen. Wetangula, whereas Sen. Yusuf Haji may have said the words that he said, which he has admitted to having said, two wrongs cannot possibly make a right. I am neither going to allow Sen. Haji to use those words in the House nor you to use the word “sycophant” against an honourable Senator. 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 take note of the attempt to gag and curtail the right to speak.

Who are you making that allegation against?

Mr. Deputy Speaker, Sir, in spoken English, there is fair comment.

Sen. Wetangula, I am not going to allow semantics to cloud what we are doing. You may talk about freedom of speech and I am the one who spoke about it. You are free in this House and even outside, without privileges that we have in Parliament, to say what you want to say, but it has to be within bounds. This is because we have to be within reason and the limits that we can talk about freedom of speech. All I am asking you, before I ask Sen. Haji to withdraw and apologize is: Are you going to withdraw and apologize to Sen. Yusuf Haji or not?

Mr. Deputy Speaker, Sir, I have tremendous respect for Sen. Yusuf Haji. He has been my Provincial Commissioner (PC), colleague in the Cabinet and a close personal friend. At moments, I have been his legal advisor on certain issues. I withdraw the use of the word “sycophancy” and replace it with “wailing louder than the bereaved.”

Sen. Wetangula, I have not heard your withdrawal and apology. You need to withdraw and apologize unconditionally. When I give you a chance to contribute, you can then talk about other things.

Mr. Deputy Speaker, Sir, I have withdrawn the words already.

Have you apologized to him?

Sen. Yusuf Haji, the distinguished Senator for Garissa and a great friend of mine, I apologize to you and in place of the words that I used---

I am not going to allow you to give conditions. 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 am very sorry and remorseful. It is not my nature, but if when I am pushed to the wall, I fight back. Sen. Wetangula is a great friend of mine and we have shared a lot. I withdraw and apologize. Mr. Deputy Speaker, Sir, on the issue of wailing, in my culture, we do not wail even---

Now you can proceed with your contribution, Sen. Haji.

Mr. Deputy Speaker, Sir, according to our culture, we do not wail or cry. If we are bereaved, we just pray for the deceased, but there are people whose culture is wailing, making noise and dancing. We leave that to them. Mr. Deputy Speaker, Sir, I applaud His Excellency the President for the historic and very bold move that he took, first of all, to address the nation, to allay any fears that Kenyans had. As the Head of State, he demonstrated that he is a real leader who can take the bull by the horns. By addressing the two Houses and willingly going to The Hague, he clearly demonstrated that he is not a coward or guilty of any offence, despite the fact that he has been accused by people who wanted to distract his leadership. For the last 18 months that he has been in leadership, he has also clearly demonstrated that he has the interest and wellbeing of Kenyans at heart. He has traversed many parts of this country and inaugurated projects in spite of the heavy load which has been placed on him by the case at the International Criminal Court (ICC). It is very unfortunate that even amongst us, Kenyans, there are people who are very happy inspite of this unfounded allegation to find somebody in trouble. Some of those people will hug you and call you a brother in public and similarly they would stand in public and accuse you. This has happened before. It is very good that His Excellency the President took that decision because we all know that he is not guilty and neither are other Kenyans who have been taken to that court. This case should have been terminated together with the ones for Amb. Muthaura and Gen. Ali because the accusations against them are not different from the accusations that are being made against the President Uhuru and the Deputy President, William Ruto. Mr. Deputy Speaker, Sir, he has done well by being the first Head of State to voluntarily appear before The Hague based court. We know other Heads of States who have refused to do that. As the Senate Leader of Majority said, it is unheard of to expect an accused person to adduce evidence against himself. What Ocampo did and what the gracious lady handling this case is doing, is to change the burden of proof against the accused by the accuser by expecting the accused to do that. I am saying this because The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to the Motion. When I came to the Chamber this afternoon, I expected - although I sit in the Rules and Business Committee (RBC) - that this House would discuss important issues like paying tribute to one of the greatest scholars ever grown from the African continent; Prof. Ali Mazrui, whose passing on brings down the curtain on one of the most illustrious intellectual and academic lives ever lived in our country or even the issue of Makueni.

Sen. Wetangula, you started by saying that you sit in the RBC and you know that I am presiding on this House today and I have not seen a Motion brought by you or anybody about anything else.

Mr. Deputy Speaker, Sir, I am saying that we are now forced to discuss---

On a point of order, Mr. Deputy Speaker, Sir. Is Sen. Wetangula in order to imply that the Motion we are discussing is not procedurally properly before the House and that we should not even discuss it?

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for the Senate Minority Leader to imply that what we are discussing regarding the President is not as important as discussing Prof. Mazrui’s demise? Does he mean that the President is not somebody important to be discussed by this House?

Mr. Deputy Speaker, Sir, first of all, I never said that the Motion is unprocedural. I said that it is a Motion that ought not to be here and that is different from procedural issues. Secondly, I am entitled to my opinion that this is not a Motion worth debating in this House when we have more serious issues like paying tribute to the late Ali Mazrui or discussing the confusion in Makueni County or the Bills on the Order Paper. I encourage my colleagues across the Floor to stop displaying short fuse and listen to me. I have hardly said anything!

On a point of order, Mr. Deputy Speaker, Sir. If the Senate Minority Leader is a member of the RBC, then he has no business to criticize what we are The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, obviously the distinguished Senator was not listening. I said that there is nothing unprocedural about the Motion being here. What I am saying is that it is not a Motion that ought to be here in the first place because we have other priorities. Let me go on to show you why.

Order Sen. Wetangula. It is in order to criticize the Motion before the House – I hope that is not a criticism on the Office of the Speaker – for two reasons; first, the Motion is before the House and secondly, there is no Motion to discuss a very respectable gentleman, Prof. Ali Mazrui, and thirdly, you also have a responsibility as a Member that if you wanted us to discuss Prof. Ali Mazrui, you should have brought a Motion and maybe we could discuss it immediately after this one. So, whereas I uphold the freedom of speech, I think it is also important to realize that every Motion that is before the House has been brought by the Members through the RBC in which you sit. Who is having a card under the name “Temporary Four?”

Mr. Deputy Speaker, Sir, she is standing on a point of information which I do not need.

What is your point of order?

On a point of order, Mr. Deputy Speaker, Sir. On behalf of the Muslims, once somebody is dead, we term it as hypocrisy to come and discuss them. You will never say that they were bad; you keep on just saying the good side of them. That is why we never have any eulogy; we just bury and forget. So, the late Prof. Mazrui---

What is your point of order?

Let us allow the late Prof. Mazrui to rest in peace.

Sen. Wetangula, you may go on.

Mr. Deputy Speaker, Sir, the distinguished lady should know that in the Lower House, they are debating a Motion in honour of the late Prof. Ali Mazrui. I actually know that after his burial, there were eulogies that were held at the Aga Khan institution in Mombasa but that is not the issue. Mr. Deputy Speaker, Sir, I start off by wondering aloud whether it is out of order for a Senator to say that this Motion is not a good Motion. It is perfectly in order and I can say so, and I will say so. Why? The matter upon which the President purported to address the House in the joint sitting is not a matter that ought to have been there in the first place. There are very serious national issues that one expects the President to come and address the House or joint sittings of the House. That is why we, in CORD, said it was not worth our time going to attend that Address. If you read through this Statement, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Elachi, do you have a point of order?

Mr. Deputy Speaker, Sir, is the Senate Minority Leader really in order to say that Jubilee Members went into a chorus, knowing very well that the ones who are seated here said that the President must go to The Hague? Can he really tell us who went into a chorus saying that the President should not go to The Hague?

Mr. Deputy Speaker, Sir, if you were listening to me, at no time did I say that the Senators sitting in front of me went into a chorus; I said “the Jubilee congregation went into a chorus.” Many people out there from all walks of life – Members of Parliament (MPs), some Members of the Senate and so on, and so forth – were literally scampering to outdo each other to tell the President not to go to the Hague. When they realized that he was going, they all turned around and said it is a good thing to do.

Are you not satisfied, Sen. Elachi? 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 was scampering. I think the Senate Minority Leader should also know that he is a leader in his own right and he should address this issue. If you feel that you do not want to address the Presidential Speech, you should do it with decorum.

Mr. Deputy Speaker, Sir, I do not know how the word “scampering” can be offensive. Scampering is a very common English word. I have not in any way said that Sen. Elachi was shouting from the rooftop; I have not.

Sen. Wetangula, you may not have said that; but, you see, you are lumping people together. Sen. Elachi has taken issue with you lumping her with people scampering; whatever that word means. I think it is that clarification that she is seeking.

Mr. Deputy Speaker, Sir, I clarified that Sen. Elachi was not scampering. Mr. Deputy Speaker, Sir, now that the President has gone to The Hague and come back, we are having---

What is it, Sen. Njoroge?

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for the Senate Minority Leader to single out Sen. Elachi, leaving the rest of us from the Jubilee Coalition and confirming that the rest of us were scampering? Is he in order for him to even use that word and say that it is a popular word? Even the word “foolish” is more popular, but you cannot just use it for the sake of using it. So, is he actually in order to imply that the rest of us here were excluded from his withdrawal?

I do not think he is in order. Before you rise, Sen. Wetangula, I will stand with your right to say what you are saying about the Presidential Address to the end because it is your right to say it. I will stand by and guard that right. But I think it is also your duty to respect other people and use respectful words even as you disagree. Whereas you can disagree and have your own position, I do not believe you have any right at all to use derogatory terms against other people, particularly when you lump people together without seeking out to know what each individual person would have stood for in that place. So, my request to you is that you give this debate the respect that it requires as a parliamentary debate, not because it has to do with anybody, but because it is the right thing to do under our Standing Orders.

Mr. Deputy Speaker, Sir, do I get the impression that there is a conspiracy to interfere with my debate in this House? I 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 will leave it to you; I have stated my position, which is on HANSARD and your position is also on the HANSARD. Let us proceed with the debate.

Thank you, Mr. Deputy Speaker, Sir. Mr. Deputy Speaker, Sir, before I was rudely interrupted, I was saying that the President must be seen and understood to be innocent until proved guilty. That is the common tenet of criminal law and as my senior in law, you know that. Nobody has said that the President is guilty; nobody has said that the President must be found guilty. He finds himself in a state where the ICC investigation Chamber – unlike other legal processes – it is the court itself that investigates. It found the President to be culpable and indicted him. He told Kenyans that this was his personal matter. I respect him for that. It was not a matter of the people of Kenya. This was not a matter of the Republic of Kenya. This was a personal matter. I agree with him and respect that position. He has since been going to The Hague. This was, probably, the second time. His Deputy has gone to The Hague for as many times as you can count. How come those who stand on roof tops to praise the President for going have never praised the Deputy President, Mr. William Ruto for going to The Hague? He has been honouring the same court summons that President Kenyatta honoured. This is a duty that everybody has and which must be obeyed. This is not an issue that can cause the Head of State to cause the two Houses of Parliament to waste their time to sit and listen to. If you look at this---

On a point of order, Mr. Deputy Speaker, Sir. Is the Senate Minority Leader in order to say that the President was wasting his time to call the two Houses for a sitting and yet the Constitution gives him that right to do so?

Mr. Deputy Speaker, Sir, the President has a right to address the House on weighty national issues. The issue of the International Criminal Court (ICC) is not a weighty national issue and will never be.

On a point of order, Mr. Deputy Speaker, Sir. This is very sad. If the Senate Minority Leader is not keen to contribute, some of us are ready to do so. Therefore, he has no business misleading us and wasting our time.

On a point of order, Mr. Deputy Speaker, Sir. Is the Senate Minority Leader in order to mislead this House by implying that it was not important for 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 am wondering the law the President broke which Sen. Wetangula can refer us to. All the President did was to observe the Constitution correctly. To my knowledge, even after Sen. Wetangula gave directive that CORD Members should not attend the sitting, however, most of them still attended and I thank them. The Senator could be running on the esteem of Okoa and that is why he is behaving the way he is behaving on the Floor.

Mr. Deputy Speaker Sir, I stand on a point of order just because of The Hague issue. We should not play circus in the Senate. Let us be very serious with this institution of the Senate. Most of us, seated in this Senate today, were part of the issues before The Hague today. Therefore, when one stands up to tell the country that The Hague is no longer an issue is wrong. At that time when the issue of The Hague was addressed in this House, the Senate Minority Leader who is my leader from western Kenya, was in the PNU Coalition which was running the Government. This is the Coalition that was fighting with the same ODM. So, if he stands here and says that this is not a critical issue for the nation, then I do not know what he is talking about. He should know that it is critical for this nation. He was part of those who should have settled this matter and not even the Jubilee Government. Is he in order to say that The Hague is not an issue just because President Uhuru Kenyatta is the one faced with issues at The Hague and yet he was part of the team then?

Mr. Deputy Speaker, Sir, it is obvious that the distinguished Senator is being emotional on an issue she was not listening to. I said that the President is innocent until proven guilty. I have said before and it is in the HANSARD, that I oppose the idea of Kenyans going to The Hague. I have said that once somebody is indicted by a court of competent jurisdiction, he has a duty to obey summons by it. These are basic facts.

Sen. Wetangula, you also said and it also in the HANSARD although I may not quote it verbatim, that His Excellency the President wasted the time of the two Houses of Parliament by calling them and addressing them on the matters that he addressed.

Mr. Deputy Speaker, Sir, in fact, in this statement, the President says that this is a personal matter. This is on the last page. The Constitution does not confer on the President any authority to come and address the Houses of Parliament on a personal matter. He says it is a personal matter. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Wetangula, I do not want to challenge you by asking you to show us where the President says that this is a personal matter.

Mr. Deputy Speaker, Sir, it is on the last page.

No, I am talking about the matter of the address to Parliament. I challenge you to show us where he says it is a personal matter. I also want to draw your attention to Article 132(1) of the Constitution. It says: “The President shall- (a) address the opening of each newly elected Parliament; (b) address a special sitting of Parliament once every year and may address parliament at any other time; and (c) once every year-”

The hon. Member said here that I have no right to pass a judgement on the debate. That is why it is here for debate. I am shocked. I have the right to pass a judgement.

Sen. Wetangula, I agree with you 100 per cent that you have a right to debate. However, when you say that it was a waste of time for Members of Parliament, that is your own opinion which you are entirely entitled to. However, this is negating Article 132. That is why we are getting all these interventions back and forth. As I said, everybody has a right, but we must debate in a dignified manner.

Mr. Deputy Speaker, Sir, I am truly shocked by the conduct of some of my colleagues. I am giving my personal views as a leader of the alternative view in this country. Those who do not agree with me will have time to say the opposite. You cannot just develop a short fuse where every time the name of the President is mentioned, you jump up as if you are being electrocuted. I am simply saying what I believe to be my views on this matter. Those who are feeling electrocuted should keep cool. They will have their time to speak on this. We, a CORD coalition, said that was not worth our attendance and I did not attend. Many others did not attend for reasons we believed; that the matter that the President was coming to address caused anxiety. He said that there should be no anxiety, but I was not anxious. I know many people who were not anxious. I said, in a public statement somewhere, that I wish the President well. Let him go through the process. If he is innocent, the court will find him so. The Deputy President has been going to The Hague every other day spending weeks there. I wish him well as well. Why are we not as anxious and excited when Mr. Ruto goes to The Hague as we are about the President going to The Hague? They are part The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

Yes, Sen. Njoroge. What is your point of order?

On a point of order, Mr. Deputy Speaker, Sir. Is the Senate Minority Leader in order to mislead the nation by saying that all the time the President is out of the country, the Deputy President should assume the Office of the Presidency while in Article 147(1) is very clear. It says:- “The Deputy President shall be the principal assistant of the President and shall deputise for the President in the execution of the President’s functions.” Mr. Deputy Speaker, Sir, when the President is out of the county---

What is your point of order, Sen. Njoroge?

Mr. Deputy Speaker, Sir, that is where I am heading to.

State your point of order. We must distinguish this, Sen. Njoroge. You can make a point of order which is an intervention when you find that there is something that you do not agree with or something that could be misleading. On the other hand, if you want to contribute, I will give you a chance to do so. You shall make the points that you want to contribute. So, let us distinguish points 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 am only raising a point of order by asking whether the Senate Minority Leader is in order to mislead the nation by implying that whenever the President is out of the country, the Deputy President becomes the Acting President. Is he in order?

Mr. Deputy Speaker, Sir, I have never known that the Sen. Njoroge speaks for the nation for him to say that I am misleading the nation. I do not know which nation he is talking about. However, be that as it may, you know as a good lawyer yourself that selective reading of the law leads to confusion. He has read Article 147 (1), but he has carefully omitted to read Article 147(3) which says:- “Subject to Article 134, when the President is absent or is temporarily incapacitated, and during any other period that he President decides, the Deputy President shall act as the President” Mr. Deputy Speaker, Sir, that does not have to be pronounced. The pronouncement that I am talking about on the Floor of the National Assembly was just, but a political gimmick; just to hoodwink people because as soon as the President leaves jurisdiction, the Deputy President becomes the Acting President until the President returns. However, if he wanted to hand over the instruments of power; everybody here is old enough to remember President Nelson Mandela. When President Mandela wanted to hand over power to somebody as he left the country for about two weeks, he did not even pick his Deputy who was then Thabo Mbeki. He picked Mangosuthu Buthelezi of Inkatha Freedom Party, the opposition and swore him in. Buthelezi took oath of office, was given the instruments of power and President Mandela left the country. When he came back, Buthelezi went back to his opposition bench. This can be compared to leaving your house to travel abroad and you call your family to announce that your wife will be in charge of the family. It is neither here nor there because she is the next in command. When you are not there, she is in charge. Therefore, whenever the President leaves the country, the Deputy President is the Acting President. So, those of you who get excited that one of you was left to act as the President and that during his acting, he displayed extreme humility, what did you expect him to do? Did you expect him to walk on people? Did you expect him to start running around recklessly with the presidential motorcade to show who was in charge? Nothing happened within the 48 hours to even warrant the Deputy President to display the powers of a President. He was not anything different. I can tell you, as a lawyer, for free, Sen. Njoroge, because you challenged me, that no instruments of power were given to the Deputy President. In fact, no instruments 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.

Sen. Lesuuda, point of order?

On a point of order, Mr. Speaker, Sir. I want to know whether the Senate Minority Leader is in order to contribute to this Motion when he has said the address by His Excellency the President to Parliament was a waste of time. He has been contributing all this time and yet he holds a contrary view about the speech by the President?

On a point of order, Mr. Speaker, Sir. Is the Senate Minority Leader in order to even try and contribute towards this Motion which, in the first place, he noted very well that he boycotted attending that special joint sitting of Parliament? Why should he continue discussing a Motion which he terms as baseless? As a Member of the “House Business Committee”, is he in order to come before the House and say that he does not know how this Motion found its way into this House? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. Njoroge! We need to be tolerant. How would a Member say what he wants to say without contributing to it? Every Member has a right contribute. As I said earlier, I will give you a chance to contribute. At that time, you will have every right to counter and say all the things that you have stated in your point of order.

Mr. Deputy Speaker, Sir, it is not the first time that the distinguished Nominated Senator is veering off the track. For his information, we do not have any House Business Committee in the Senate. So, I do not know which Committee he was saying that I sit in. Mr. Deputy Speaker, Sir, I also want to caution my colleagues; that always imagine the shoe on the other leg. The International Criminal Court (ICC) has been an incredible deterrent to many misdeeds in Africa and other parts of the world. I have said and can say again that the conduct of the ICC has not been satisfactory to many, including me. I have never understood why George Bush, the former President of America and Tony Blair, the former Prime Minister of the United Kingdom (UK) have not been indicted at The Hague for the atrocities committed in Iraq. I said this even when I was the Minister for Foreign Affairs to my counterparts from those countries. I have never understood why the ICC has not even opened an investigation file against Israel for the atrocities that they commit almost as an annual event on the people of Palestine. Mr. Deputy Speaker, Sir, the ICC must act across board. You did say that two wrongs do not make a right. The fact that one robber has gone free does not mean that arresting the other robber is wrong. The fact that one murderer has escaped the dragnet of the law, does not mean that the other murderer should be let to escape as well. In this country, people died in their thousands. My community in Trans-Nzoia, Kipkaren and Mt. Elgon lost many people. I have not said that it is the Deputy President Ruto, or President Uhuru who killed them, but the investigators said that they are culpable and should go through a trial. Mr. Deputy Speaker, Sir, you know the history of Africa; how Idd Amin bastardized and murdered the people of Uganda en masse. Then, there was no ICC. You know the story of Jean Bedel Bokassa in Central Africa, Fode Sanko in Liberia, Mobutu Sese Seko in Congo and how the leadership in Angola visited untold harm on their own people. You know the FRELIMO and RENAMO war in Mozambique and how they were even poisoning boreholes where people draw water. Men, women and children died enmasse. The ICC has come as a deterrent. That we unfortunately find ourselves there is not an issue. We are founder signatories to the ICC. I thank the President for acknowledging that Kenya signed to the ICC. Contrary to the prophets of doom, he made no insinuation that he wants to pull Kenya out of the ICC. I am sure he did this because he knows that 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. Kittony, you are not even in the HANSARD, because you have not even sought to intervene.

Mr. Deputy Speaker, Sir, I have not even said that she is the one who advised.

On a point of order, Mr. Deputy Speaker, Sir. If you observed, the Senate Minority Leader pointed at us when he was said that we were advising the President not to go to The Hague. Is it in order for him to keep on pointing at us and claiming that we were among the people who told the President not to go to The Hague?

Sen. Njoroge, pointing at you is not in the HANSARD and I did not see it. So, I cannot make a ruling on it. Sen. Kittony, what is your point of order?

On a point of order, Mr. Deputy Speaker, Sir. Could the Senate Minority Leader clarify because it is wrong for him to say that we collectively advised the President? Could he mention who advised the President? We are here for business and not to be pointed at.

Mr. Deputy Speaker, Sir, I did not point at any Senator. I was gesturing.

We have gone through that already. Sen. Kittony is asking you to clarify---

Mr. Deputy Speaker, Sir, I can clarify to the distinguished Senator that she is not one of those. You know how Italians speak. They speak with a lot of movement of hands. I was gesturing and not pointing at you at all. I would not point at a distinguished lady like you in a matter such as this. Mr. Deputy Speaker, Sir, I was making my final point; that the ICC is a necessary deterrent to dictatorships world all over. If you are not a dictator, you have nothing to worry. If you respect the rule of law, you have nothing to worry. You also know that if the ICC was there in the old days, perhaps, my brothers and sisters from Pokot would 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. This is, indeed, a timely Motion. I am a Member of the CORD and I stood in solidarity with the Jubilee coalition when our principals called upon our membership not to attend Parliament when the President was attending the joint Houses. Having said so, I hold a completely different view of his Speech as a statesman. I believe that we in the opposition will not score much by abrogating ourselves the duty of abusing the presidency in Parliament. I do not think that that is the way to score marks. I think we shall score highly if we pick on real issues and hold on to them to fight and win the presidency in 2017 which I know we are able to, but only if we have facts. If the President of the Republic of Kenya addresses Parliament on whatever matter, that is his constitutional right. It is your personal opinion to label the Speech inadequate or pointless and not our party’s opinion. Mr. Deputy Speaker, Sir, at that time, the country was really in distress; the country was in dire need to know what was going on. Kenya is not only about the Jubilee and CORD coalitions, but it belongs to all Kenyans. This was a situation where the President of the Republic of Kenya had been asked to appear at the ICC to answer to a case, leaving a vacuum of leadership. As has been ably explained by the Senate Minority Leader, Article 147 of the Constitution clearly says that he did not need to have done that to abrogate his powers to the Deputy President because that is a foregone case, because the Constitution so provides. However, he made no mistake to emphasize that he had done so. He told the country that he was leaving and that the citizens should rest assured that the presidency was being left in the hands of a credible, responsible and trusted leader. There was nothing wrong with that as far as I am concerned. It was largely statemanly to do so. Who knows what would have happened if the ICC could have decided to lock him in? That gesture assured us that if that had to happen, then he had left the leadership in trusted hands and that was his wish. He made sure that even that a Kenyan or a villager who may not have read Article 147 of the Constitution is reminded what it provided. We all know they voted for it because so-and-so had said so. Therefore, they had to get to know the legal clause through which he abrogated his duties to the Deputy President. Mr. Deputy Speaker, Sir, we should be sober when handling matters to do with parties, leadership, politics at different levels and development. These issues must be observed carefully. Recently there was a misconception in my county of Migori where the Head of State came and had the wrath of the people just because they did not like the Governor of Migori County. It has taken me so much time to try and clear that notion The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. (Dr.) Machage, your time is up!

Give me one more minute.

I do not have the discretion, Sen. (Dr.) Machage. Proceed, Sen. Peter Mositet.

Asante sana, Bw. Naibu Spika, kwa kunipa nafasi hii nichangie Hotuba ya Rais katika kikao cha pamoja cha Bunge la Seneti na Bunge la Kitaifa. Rais alifanya jambo la busara na alifuata Katiba inavyosema kwamba ikifika wakati ambapo taifa linahitaji kusikia kutoka kwake, anaweza kupitia Bunge. Bw. Naibu Spika, Rais wetu alifanya hivyo wakati ambapo nchi nzima ilikuwa imeingiwa na baridi na hofu. Kila mtu nchini alikuwa anaangalia upande upande – wale walio katika upinzani na wale walio katika mrengo wa Jubilee – wote tulikuwa tumeshikwa hofu tukiulizana je, ICC inatutakia nini? Je, inataka Rais wetu aende ICC ilhali tumemchagua kama Rais? Kwa sababu hiyo, Rais alifanya jambo la busara sana kwa kuitisha kikao cha pamoja cha Bunge la Seneti na Bunge la Kitaifa ili azungumzie yale aliyoweza kusema. Maneno yake yaliweza kuchangia na kutupatia mwelekeo kama taifa. Maneno yake yaliweza kuunganisha taifa na tukaelewa kwamba hata kama ICC iko, taifa la Kenya litasimama wakati wowote. Bw. Naibu Spika, Rais alisema kwamba mambo ya ICC ni mambo yake ya kibinafsi na hii ndio sababu aliyehitajika kufika mbele ya mahakama hiyo kama mtu binafsi na wala si uongozi wa nchi. Kuambatana na busara yake, alimteua Naibu Rais kuwa kaimu Rais. Alifanya vile sisi hatukufikiria. Hata nchi nzima haikufikiria angefanya hivyo. Tulifikiria kuwa Rais ataenda ICC akiwa Rais hata bila ya kusema kwamba atamwachia naibu wake usukani. Bw. Naibu Spika, kwa wale wanaosema kwamba Rais hakufanya vile; ati ilikuwa tu ni sarakasi, hiyo si kweli kwa sababu wakati alipomuachia Naibu wake ashikilia hatamu ya uongozi. Naibu Rasi hakuitwa Naibu Rais tena, bali aliitwa kaimu Rais. Kwa hivyo, ni vizuri sana tujue kwamba hakukuwa na sarakasi pale. Rais wetu mwenyewe alijishusha kabisa. Kitendo hicho kinatuonyesha kwamba Rasi wetu aliona kwamba ilifika wakati lazima hata Katiba yetu itekelezwe vile ambavyo hatukufikiria. Kuna wakati sisi husoma vipengele vya Katiba na hatujui vile vinaweza kutekelezwa.

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. Temporary Speaker, Sir. I just want the speaker to clarify that he is not trying to associate me with his views by saying that I internalized the views he is talking about. Mr. Deputy Speaker, please, clarify--

(Sen. (Dr.) Machage): Sen. Omar, you are asking the Speaker to clarify something, but I do think I have spoken anything about you. Could you rephrase your request?

Mr. Deputy Speaker, Sir, I want Sen. Mositet to clarify that he is not alluding or associating me with his speech? He needs to talk independently and should not second guess or make reference with respect to his opinion.

(Sen. (Dr.) Machage): Sen. Omar, if you went to the mosque and the preacher talked about a general gospel, you would not think he is talking about you. You do not go back to the Kadhi to quarrel him that he was talking about you.

Mr. Temporary Speaker, Sir, he mentioned my name.

(Sen. (Dr.) Machage): Did you?

Bw. Spika wa Muda, nilisema Seneta Omar ni rafiki yangu na nina hakika aliona uzalendo ulioonyeshwa na viongozi wetu. Hakuna jambo mbaya kwa kusema hivyo.

(Sen. (Dr.) Machage): I will advice that you keep your own thoughts to yourself. He may not be sharing the same thoughts with you.

Bw. Spika wa Muda, unaweza kumkaribia mtu sana akawa rafiki yako na kuona kwamba anaweza kama unavyoweza. Sen. Omar, utanisamehe. Bw. Naibu Spika, Rais wetu ana marafiki Afrika nzima. Afrika yote ni rafiki ya Kenya. Kongamano la Afrika pia lilikuwa likiangalia vile Rais wetu atakavyoenda kule The Hague. Alisema amemteua Naibu wake ashikilie na kutupa nafasi na kuonyesha kwamba hatujageuka katika mambo tuliyosikizana na Afrika nzima. Rais angeenda kule lakini akamwachia Naibu wake kushikilia kama Rais wa muda hapa Kenya. Rais wetu alilifanya jambo la busara sana. Mheshimiwa Rais pia alichangia pakubwa kwa kuonyesha kwamba demokrasia yetu iko juu sana. Viongozi wengine ambao wangependa kuchaguliwa katika ngazi hizo The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity to speak on this very important Motion and to thank the President for the speech he delivered on 6th October, 2014. Let me, first of all, start by congratulating the President for having stood on the side of the rule of law; having decided to obey the summons of the ICC to go to The Hague. This is obviously normal as expected of any law abiding citizen to obey the summons of the court. But in this particular instance, I feel I must thank and congratulate him because there was very strong pressure from his supporters that he should not go. There was great fear amongst his supporters of what might happen if he went there. There was also pressure from his peers at the African Union (AU) level for him not to go. Mr. Speaker Temporary, Sir, as you are aware, a resolution had already been passed by the Heads of State and Governments of the AU that no sitting Head State should go to The Hague or should answer summons from ICC. He withstood all that pressure. Even some of the Heads of State in the neighbouring countries appealed to him not to go. Therefore, for him to have withstood all that pressure, and the decision to go to the ICC, is worthy of congratulations. Having been involved in the ICC matters, I do recollect that way back in 1979 and 1980, I was amongst the very few people who were sitting at a conference in The Netherlands who called for the establishment of the International Criminal Court. Thereafter, we campaigned for its establishment. When I became Attorney-General (AG), I was actively involved in ensuring that the Kenya Government does ratify the Rome Statute. Not only did I ensure that it happened, I also went to New York personally and deposited instruments of ratification with the Secretary General of the United Nations Organisation (UN). I came back and we drafted the International Crimes Bill to domesticate that Rome Statute. That is the law under which we are operating. That law also includes a section in our Constitution which says that a President is not immune from prosecution in relation to crimes committed under an international treaty. I was involved in all those for good purpose. I will be coming to that later. I want to mention that on this particular case as the Attorney-General, as soon as these names came out-the famous six- I remember saying that in my view, the threshold to attract a criminal charge on an international crime had not been met under the Rome Statute. I did say that. I did also say that the Waki Commission did not say that, that threshold had been met. It said that further investigations must be done. I am still of that 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): Order!

Thank you, Mr. Temporary Speaker, Sir, for allowing me to add my voice to this Motion. I am truly proud to be a Kenyan. Allow me to say najivunia kuwa Mkenya. I am saying this because I have seen history happening. The President demonstrated to the whole world wisdom, unique maturity and a mark of respect by the decision that he took. There was anxiety and pain because people did not know what to do. It put some of us into a state of despair because we did not know what would come next. However, the decision that the President took left a mark that others should emulate. He exercised his democratic and constitutional right. He has earned a name for this country. I was with the President in New York when we went for the General Assembly. He engaged in dialogue and networked with a number of people in the diaspora. Since he took office, he has also visited many other states and marketed Kenya. That is why I am proud to be a Kenyan and associated with this kind of wisdom that he has portrayed. Mr. Temporary Speaker, Sir, the ICC has in the recent past admitted on several occasions that there is no case to answer. Charges against some have been dropped and we know them. It has been protracted and we do not know when it will end. I have sent several text messages to the lady African judge to say that our African culture dictates that when elders have decided, the women step back and leave matters to them. We do The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity so that I can respond to some of the issues that were raised by the President in his Speech. The first statement that was made by the President with regard to his attending the case at the ICC is the acknowledgement that this is a judicial process and not a political process. Whether a party, a coalition or the African Union or any other person for that matter feels that there is no merit in the case, the acknowledgement that this is a judicial process is key. I would, therefore, like to urge those who have politicized this matter for the last many years to borrow cue and realize that the court asserted its authority and that none attendance would have had serious consequences notwithstanding our illusion 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.

Asante, Bw. Spika, kwa kunipa nafasi hii ili niunge mkono Hoja iliyoko mbele ya Seneti. Kwanza, napenda kuunga mkono Hotuba ya Rais iliyotolewa tarehe sita Oktoba. Rais alionyesha ujasiri mkuu na heshima yake kwa Bunge letu – lile la Kitaifa na pia Bunge la Seneti. Bw. Spika, ujasiri ulioonyeshwa na viongozi wetu, haswa Rais wetu, kwa kukubali kuelekea kule The Hague kuhudhuria kesi katika mahakama ya ICC ilikuwa jambo la busara sana. Lakini hata wakati ninapofikiria kuondoa siasa katika ile korti kuhusiana na mashtaka yanayomkabili Rais, pia ninashawishiwa na lile korti ama kiongozi wa mashtaka alipokuwa anaendelea kutoa ombi lake kwa majaji ili waweze kuahirisha ile kesi inayomhusu Rais. Bw. Naibu Spika, nakumbuka wakati mmoja ambapo kiongozi wa mashtaka aliwaeleza majaji wapeane muda kwa sababu mwaka wa 2017 unakuja na kutakuwa na uchaguzi hapa Kenya. Kwa hivyo, upande wa mashtaka ni kama ulikuwa unaahidi kwamba tukiingia katika uchaguzi wa mwaka 2017, Rais asipochaguliwa tena, pengine watapata ushahidi waliokuwa wakitarajia. Upande wa The Hague ulijaribu kushawisha majaji kwamba jambo hili linahusishwa na siasa. Licha ya hayo, niliona kwamba upande wa mashtaka umeahidiwa na watu fulani kwamba Rais akiondoka katika mamlaka, watapeana ushahidi katika The Hague. Walijaribu kuwasawisha majaji ili wakubali kuhahirisha kesi wakitarajia kwamba uchaguzi ukija katika mwaka wa 2017, kutakuwa na kiongozi tofauti na si Rais Uhuru Muigai Kenyatta. Bw. Spika wa Muda, viongozi wameonyesha ujasiri mwingi ambao ni wa hali ya juu. Pia, ningependa kuwaunga mkono. Kama vile tumesikia mali ya Seneta mmoja ya dhamana ya Kshs25 milioni iliharibiwa huko Migori. Ningependa kujiuliza kama mambo hayo yalifanywa na Rais na Naibu wake. Ni Rais na Naibu wake ambao walienda Migori kuharibu mali? Tumesikia kwamba huko Kisumu na kwingineko kama Mombasa kulikuwa na ghasia. Vile ninavyoona, jambo hili lilienda kisiasa. Nashangaa kwa sababu wale waliofanya kitendo hicho hawakushatakiwa. Wao walibaki wapi wengine walipokuwa wakishtakiwa? Mimi kama mkaaji wa Naivasha, sehemu moja ambayo Rais anatajwa kuhusika nilishangaa kwa sababu hakuna wakati Rais alikuja Naivasha. Ni jambo la kusikitisha wakati Rais anatajwa katika mambo ambayo hayawezi kuthibitishwa kortini. Licha ya hayo, ni jambo la kushangaza na kilio kilichokuwa katika upande wa mashtaka. Walikuwa wakitaka kujua kama mshtakiwa angewasaidia na ushahidi. Hilo ni jambo ambalo katika sheria halikubaliwi. Mtu hawezi kumshtaki mtu, bila ushahidi halafu kuanza kumtisha mshtakiwa kutoa ushahidi ili aweze kuendelea na mashtaka. Hilo ni jambo la kushangaza sana. Ninaamini pia viongozi wetu ni wacha Mungu. Hiyo ndio sababu wale ambao wamewashtaki hawana ushahidi. 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, thank you very much for giving me this opportunity. As a lawyer and citizen of this country, I have tried to follow the case in the ICC pertaining to our President and his Deputy, His Excellency, Hon. William Ruto. On 21st September, 2014, when we got a disaster at Westgate Mall when the Deputy President applied through his lawyers to come back to the country to assist the President during that very difficult time when we lost many Kenyans. The judges allowed that adjournment. I remember the prosecutor, Mr. Steinberg, said openly to the whole world that the Deputy President did not have to be in Kenya at that time and that he could appoint somebody else to act in his place. Everybody was in that courtroom, including the judges and the prosecution side. It was with disbelief that somebody enjoined with such an important task as prosecuting a case at the ICC was so ignorant. One of the judges, Judge Osuji asked the prosecutor whether he had read or aware of what the Constitution of Kenya says about that position and he said he had not read. I could not believe that somebody could be so ignorant. This is a lawyer who is purporting to prosecute such an important case. 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 also want to add my comments to those of the other Senators who have talked about the President’s speech. I support and thank our President for having convened a meeting for both Houses. I was surprised to hear Sen. Wetangula say that it was a waste of the time for the Members of the two Houses to attend. I do not know whether he was talking on behalf of us as Members of Parliament. To me, it was not a waste of time. It was a very good process. It was the only process that the President could use to communicate to Kenyans. He was communicating through representatives of this country. He did a very good thing. I am, therefore, very proud that he was able to communicate to Kenyans. I want to take this opportunity not to talk about the process in the ICC because I can see God working and prevailing. I want to thank my fellow Kenyans for praying for the President. I also thank all Kenyans who came to welcome our President when he was 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! It is now time for the interruption of the business. The House, therefore, stands adjourned until tomorrow, Wednesday, 22nd October, 2014, at 2.30 p.m. The House 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.