Mr. Deputy Speaker, Sir, I want to seek a Statement from the Senate Majority Leader on the Mining Bill (National Assembly) Bill No.9 of 2014.

(Sen. Kembi-Gitura)

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate. A Report on the Ministerial Statement on Masongaleni Settlement Scheme in Makueni County.

(Sen. Kembi-Gitura)

It is your inquiry. It looks like I should not have asked. I apologize. Do I have the Floor?

(Sen. Kembi-Gitura)

Mr. Deputy Speaker, Sir, the Chairperson should clarify because there were supplementary questions that were supposed to be responded to. If that Paper seeks to answer those supplementary questions, that clarification should be given so that the matter is dispensed with. I sat in the meetings with the Cabinet Secretary and the National Land Commission (NLC). There were certain issues that were brought forth by the both the Minister in charge of Lands, Housing and Urban Development and the National Land Commission. I have a feeling those issues are not in this report. If they are there, the Chairperson should tell us. Secondly, I would like to know if he was going to bring these supplementary answers for our interrogation.

(Sen. Kembi-Gitura)

Mr. Deputy Speaker, Sir, I have some Papers to lay.

Your time will come because you are in the appendix. There is no other intervention on that issue. Sen. Kivuti, what do you have to say?

Mr. Deputy Speaker, Sir, I have another Paper to lay, but now that Sen. Mutula Kilonzo Jnr. has raised the issue of what is contained in the Paper, I would request that he be given time to interrogate it because the recommendations therein touch on the investigations that we did. I would like to bring it to your attention that the Senator was always with us when we were doing investigations. That is very good for the House. We could not stay forever looking for each and every other thing, but the report in itself is full.

Mr. Deputy Speaker, Sir, I think that answers my question. I will ask for a copy of the report. If I have any other issue, I would raise them through the normal manner.

What I think we should do because this is important and I recall that there was a lot of interest in it, is that anybody who is interested in the report can go through it. On Tuesday next week, Sen. Kivuti, the Senators who wish to raise any issue on that report can do so through interrogation or interventions. Is that reasonable?

Mr. Deputy Speaker, Sir, the committee is engaged in another matter in Naivasha on Tuesday. Therefore, I would request the Chair to give us an alternative date within the week. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. Kembi-Gitura)

Very well, Mr. Deputy Speaker, Sir.

You said you had another Paper to lay?

Yes, Mr. Deputy Speaker, Sir. REPORT ON CHEPCHOINA SETTLEMENT SCHEME IN TRANS NZOIA COUNTY

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate. A Report on the Ministerial Statement on Chepchoina Settlement Scheme in Trans Nzoia County.

Mr. Deputy Speaker, Sir, this also falls in the same category as the other Paper I have just laid.

Who had sought the Statement?

Mr. Deputy Speaker, Sir, it was sought by Sen. Mukiite. We were involved in the deliberations with her and the Senator for Trans Nzoia during our meeting with the Ministry.

The order will be the same. Now that you have laid the paper and it is a bulky document, let anybody who wants to look at it do so then it can be interrogated on Wednesday, next week.

Most obliged, Mr. Deputy Speaker, Sir.

Are there any more Papers to lay? Sen. Sang. PAPERS ON GENERAL REGULATIONS

Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate. 1. The Inter-governmental Relations General Regulations, 2013. 2. The County Governments General Regulations, 2013. 3. The Urban Areas and Cities General Regulations, 2013. 4. The National Construction Authority Regulations, 2014.

I assume there are no more Papers to lay. Next Order! The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Billow, you can now seek your Statement. THE NEED FOR THE MINING BILL TO COME TO THE SENATE BEFORE ASSENT

Mr. Deputy Speaker, Sir, I rise to seek a Statement from the Senate Leader of the Majority on the Mining Bill; this is the National Assembly Bill No.9 of 2014. Mr. Deputy Speaker, Sir, this Bill was passed by the National Assembly and is reportedly headed to His Excellency, the President for assent. The Mining Bill touches on counties in every aspect and in particular regarding the revenue sharing between the national Government, the county governments and communities. Consequently, in that regard, the Bill should come to the Senate pursuant to the provisions of Article 110. Sen. (Dr.) Zani has a Bill called the Natural Resources Benefit-Sharing Bill, 2014, that also addresses similar issues regarding benefit-sharing from natural resources which touches on issues also raised in the Mining Bill. In view of the above, my request is: Could the Senate Majority Leader undertake to assure that House that the Mining Bill comes to the Senate before it is assented to by His Excellency the President in accordance with Article 110 of the Constitution and that the President be advised immediately that assenting to that Bill before it is debated by the Senate would be in breach of the Constitution?

Sen. Mutula Kilonzo Jnr., do you have an intervention? Are you on a point of order?

I do not know whether I pressed the right button, but I want to raise a supplementary question to what Sen. Billow is addressing.

Senate Majority Leader, before you do so, are you going to give an instant answer or are you going to pend it? I just want to understand from you how you propose to proceed on this issue.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, it is a complicated matter. Neither of those two options---

Order! You are not standing there to give an answer now.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I am standing here to respond to that request.

That is the point I want to know. Are you going to respond now?

(Sen. (Prof.) Kindiki): Then let us take points of order first.

Mr. Deputy Speaker, Sir, the matter raised by Sen. Billow raises very serious issues. From my reading of the Bill, the preamble itself quotes Article 66 of the Constitution. Article 66(2) states 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.

Mr. Deputy Speaker, Sir, this is a Bill that clearly touches on counties. Right from the beginning, concurrence should be sought between the two Speakers.

Are you rising on a point of order?

I am rising on a point of order and adding on to the Statement as well. I was saying a classification should have been made whether this is a Bill concerning counties. We need clarification about that status so that moving forward, we will know what went wrong and why the Bill did not come to the Senate.

On a point of order!

I have all your points of order. They are on the screen.

On a point of order, Mr. Speaker, Sir. Further to that and close to the point of order and further clarification sought by Sen. (Dr.) Zani, is to ask the Senate Majority Leader to confirm whether the two Speakers sat and agreed on the status of that Bill. More importantly, he should tell us whether the other Bills before the National Assembly went through that constitutional process of the two Speakers sitting down and making a decision on the same.

Sen. Sang, you know very well that many Bills have by-passed that Article 110(3). So, I would propose that we only deal with issue raised by Sen. Billow because there is no point of be-labouring the fact that all of us know that there are very many Bills that have been assented to without coming to the Senate or without having gone through Article 110(3). I have heard you and I am addressing your request for the other Bills which are now Acts of Parliament.

Mr. Deputy Speaker, Sir, this matter is so serious because it begs the question, do the two Speakers of the two Houses of the Republic of Kenya ever exercise Article 110(3) of the Constitution of Kenya? If they were, then it would have occurred to the Speaker of the National Assembly that the Natural Resources Benefits- Sharing Bill, sponsored by Sen. (Dr.) Zani, which has already gone through the First Reading, that they sat sometime with the Speaker of this House and made a determination that the Bill is a matter concerning this House. I have read both Bills and the Mining Bill emanating from the Lower House seems to be speaking on some of the issues, but leaving out many other issues that Sen. (Dr.) Zani captured in her Bill. The Speaker of the Lower House would have told the Lower House that this matter is already in the Upper House. This might be difficult for the Senate Majority Leader to speak to it, but this concerns me. However, I want to ask 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.) Khalwale, I will not allow you to debate. Your intention is to ride on the question or statement sought by Sen. Billow Kerrow. You are now taking longer than him in seeking the statement. You must wind up. I have quite a number of points of order.

Mr. Deputy Speaker, this is not a one-off thing. This House, you will all remember, passed a Motion that spoke to the need for us to establish universities in every county. We passed it over one year ago. I was shocked that this week, the same matter came before the National Assembly and it was discussed. It costs money for business to be transacted in either House. Why are the Speakers sleeping? Why are they not consulting because public funds are being lost?

The only reason I have allowed you to speak for long is because of the importance of the issue before the House right now. I would like us to ventilate it as seriously as possible. Normally, I would not allow you to take long on a point of order or on an intervention of somebody’s statement.

Thank you, Mr. Deputy Speaker, Sir. The issue which has been raised by hon. Billow Kerrow is of grave concern to the counties. Only yesterday, there was a public hearing in respect to the Bill brought by Sen. (Dr.) Zani. If you attended that meeting, you would be amazed by the amount of enthusiasm demonstrated by the counties. The emphasis was on the need for harmony and coordination in the exploitation of natural resources. What is about to happen does not add up to harmony and coordination that we are thinking about or what the general public was thinking about yesterday. This will create a lot of problems going into the future. Therefore, I want to request the Leader of the Majority and, indeed, the Office of the Speaker to ensure that every effort is made for the Constitutional process to be followed to the later to avoid unnecessary conflict and to problems in the smooth management of that sector.

Thank you, Mr. Deputy Speaker, Sir. While I want to agree with Dr. Zani, it is important for the Speaker’s Office to guide us on whether there was concurrence on the same and if we should proceed with her Bill. I also want to draw her attention to Article 69 which says clearly that; The State shall- (a) ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits.” If you look at the Bills, you will see that Dr. Zani’s Bill dwelt so much on the research to ensure that the benefits that are accrued within this county are shared. The other Bill talks about national issues. Therefore, it will be important, even before we ventilate, for the Speakers Office to guide us. Was this a pure national Bill that was in the National Assembly or is it a Bill that they did not agree on and, therefore, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Deputy Speaker, Sir. I just want to add my voice to this issue. I was a Member of the ad hoc committee that was set up last year. It has been in the public domain that Sen. (Dr.) Zani had brought a Bill on natural resources to the Floor of this House. The Bill has taken the Committee Members to various counties to determine the benefit sharing of royalties. We went up to Australia. The Government has spent money to finance us to travel. Therefore, I do not think that we should wish away this Bill. The Speakers need to sit together so that we look at sealing the gaps in the other Bill. We should see how we can enact the Bill that targets the benefits sharing of royalties by Sen. (Dr.) Zani.

The Senate Majority Leader, you have heard the concerns of your colleague, Senators. You should now deal with Senator Billow Kerrow’s issue.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I take this opportunity to thank Sen. Billow Kerrow for requesting this statement. This matter is not new to this House. We have debated the matter before and statements around this issue of determination of Bills have been sought and provided before. I just want to emphasize that the fact that this matter has been raised again, is a testimony that it has not gone away. The issue is very alive with us. It is also a testimony of what we must do, perhaps, what we have not done before so that we deal with it, once and for all. Having said that, the question of Bills coming either to the Lower House or this House, is not a function of either the Senate Majority Leader or the National Assembly Majority Leader. We need to understand that, first and foremost. Initially, you will remember that in one of our Kamukunjis before, we demonstrated the pervading notion that this is a function of the Attorney-General or the Executive arm. Once the Bills reach Parliament, the Constitutional responsibility of deciding and determining which Bills go to which House is that of the Hon. Ekwee Ethuro, Speaker of the Senate together with the hon. Justin Muturi, Speaker of the National Assembly. Therefore, if there is any failure, stalemate or lack of movement and progress on this matter, the blame must lay squarely on the doorstep of Justin Muturi an Ekwee Ethuro, jointly and severally. Mr. Deputy Speaker, Sir, this issue is not looking nice on us even in the eyes of the Republic. It is not looking nice on the Lower House and it is also not looking nice on the Senate. I want to take this opportunity to say that, once again, I will do whatever I can, including advising the President not to sign this Bill. This is because it is unconstitutional to sign a mining Bill passed by the National Assembly without the input of the Senate of the Republic of Kenya. This time round, that advice will be in writing for the record because we have to move to another level, and that way, we are able to cushion everybody. I think we have had blame games for a long time. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I want to thank the Senate Majority Leader. It is a very interesting answer. First, this House has a leadership that comprises the Speaker, the Senate Majority Leader, the Senate Minority Leader and others. I want to remind Members of this House that there was a statement issued by the Senate Majority Leader here a few months ago before we went on recess that there were discussions with the Attorney-General and other people in the Executive. This was the reason why I targeted this Question to the Senate Majority Leader because there was an undertaking here and the HANSARD can bear us out. However, my statement specifically is not about the concurrence because that level is already gone with respect to this Bill. The Bill has already been concluded and it is going to the President. Could the Senate Majority Leader representing the Government in this House undertake to make sure that the President does not assent to this Bill? If it comes to him, he will refer it back to this House in accordance with the Constitution, because he undertook to abide by the Constitution. I appreciate the concern of the Senate Majority Leader that he will get to the President as soon as possible. However, I want him to assure the House that he is really going to do that in writing and we will get that Bill here. Thank you.

Mr. Deputy Speaker, Sir, I rise on Standing Order No.157 concerning the presentation of Bills for assent to the President. Since the public is watching, may I read the provisions of that order? It says:- “The Speaker shall sign a Bill certified under Standing Order No.153 (Conclusion of Consideration of amendments by the NationalAssembly to Bills originating in the Senat e) and shall refer the Bill to the President for assent within seven days of its passage by the Senate.” When the Senate Majority Leader who we all respect very much as a professor of law tells the country that he is going to prevail upon the President so that he does not give assent to the Bill that emanated from the “Lower House”, is he right to mislead the House knowing very well that he has no locus standi whatsoever in law to advise the President on the fate of a Bill that has been concluded in this House or in the “Lower House”? Mr. Deputy Speaker, Sir, because we are building institutions in this House, I want to disagree with the Senate Leader of Majority that the days of KANU when Kariuki Chotara would brag how he would advise Moi and so on are over.

Order Sen. (Dr.) Khalwale! You are discussing things that are not before this House and it is not necessary to make that address that you are making now. The Senate Majority Leader, rightly or wrongly, and I dare say rightly, has said that because this matter is urgent, he will come back to the House to give an answer to the House. If the House is not satisfied with the answer that he will give, then you will have another chance to intervene. I do not want anybody to take us down history lane on those issues because this is not the correct platform for 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.

Mr. Deputy Speaker, Sir, I have risen on Standing Order No.157.

I read it with you when you were reading it and it is quite clear that the Speaker of our House will send the Bill to the President within seven days for assent.

Exactly!

But there is no Bill emanating from this House. We are not quoting the “Lower House” Standing Orders, but our own Standing Orders. There is no Bill emanating from this House at the moment.

Mr. Deputy Speaker, Sir, debate in this House is also---

Order, Sen. (Dr.) Khalwale. Do you want us to engage in an argument, because I have already made a ruling that I will not allow that point of order?

Mr. Deputy Speaker, Sir, you should rule me out of order if Standing Order No.157 that I have quoted---

Maybe I have taken too long to tell you that you are out of order because the Senate Majority Leader has said that he is coming back on Tuesday to deal with that situation.

On a point of order, Mr. Deputy Speaker, Sir. Mine is a general comment and concern about the way the two Houses are operating and that the systems are not working. I remember sometime back, one step forward we agree--- There was a time we actually had all the Bills coming and we were given paper work to show us which Bills had been agreed to and which ones were going to the National Assembly and then to the Senate. Then all of a sudden that seems to have disintegrated. I think we need to find a way forward so that we have a sustainable solution to this, so that it does not go on forever. This is a critical issues and it hinges on the image of the Senate. We almost feel that we wish we could handle our own Bills and sent them for assent to the President, which is impossible as it stands. This is a matter of grave concern that we need to address, once and for all. Maybe as the Senate Majority Leader seeks direction in this particular matter, we need to seek long term direction with regard to interaction between the two Houses.

Mr. Deputy Speaker, Sir, if you listened carefully when Sen. (Dr.) Khalwale was raising his point of order, he referred to the Senate Majority Leader as Kariuki Chotara; God rest his soul in peace. However, is in order to throw the name of the Senate Majority Leader in bad repute? Whatever his assessment was of Kariuki Chotara, I think he should withdraw because this is on record.

Sen. (Dr.) Khalwale, did you refer to the Senate Majority Leader as Kariuki Chotara? 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 do not understand whether the Standing Orders of this House have a meaning on two points. One can only be challenged the way the hon. Member is doing immediately after an assertion has been made. Secondly, when I stood to catch your eye, I specified the Standing Order. The Standing Orders of this House should work unless some people have an attitude.

Mr. Deputy Speaker, Sir, is my Senator in order---

Who is your Senator?

The Senator for Kakamega County, Sen. Boni Khalwale. Is he in order to say that people have an attitude when we are doing very serious business? He is taking us on a side show and instead of the media getting the true story; they will get the side shows. We must be serious with this institution. We are dealing with a serious issue here.

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

What is your point of order?

Mr. Deputy Speaker, Sir, Sen. (Dr.) Khalwale has made a claim that some people have an attitude making reference to either the Senator who raised the point of order or the Chair. Can he substantiate who in this House he referred to as “people” and what attitude is he talking about?

Mr. Deputy Speaker, Sir, the onus and really the responsibility of the Speaker of this House is to determine whether a point of order raised should be replied to immediately or even after. Is Sen. (Dr.) Khalwale in order to assert upon himself the powers of the Chair when we know he is a back bencher here?

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

Mr. Deputy Speaker, Sir, I have a point of order. Sen. (Dr.) Khalwale is totally out of order. This is an honourable House. It is not proper all the time to refer to KANU and Kariuki Chotara who is dead. People should come up with ideas that will unite this country. I agree with Sen. (Dr.) Machage that Sen. (Dr.) Khalwale should withdraw and apologise because this is really not in order. This is not the first time. If we say certain things people will jump up because KANU is no longer there, it was Baba naMama . He would not have been educated without KANU. He should be grateful.

Mr. Deputy Speaker, I want to make an appeal based on what Sen. Elachi said. We were discussing very serious matters. We seem to have deviated a little bit. I would like to request that we refocus on where we were rather than these other issues.

Thank you, Sen. Obure. We are and will refocus. The only trouble is that we cannot leave out an issue that is pending. Sen. (Dr.) Khalwale, Sen. (Dr.) Machage says that you referred to the Senate Majority Leader as the late Kariuki Chotara. I do not know in what context. You have used the words “some of us here have an attitude.” I do not know whether you were referring to your current Chair or other Members contributing. If you did, I would find without hesitation that, that is dishonoruable conduct that you need to withdraw and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On Tuesday, Mr. Deputy Speaker---

What about Tuesday?

Mr. Deputy Speaker, Sir, I just want to bring it to your attention that I apologise to the office of the Speaker because on Tuesday, I will be unable to attend the House. I will not be able to attend the whole of next week. If the matter can come up the week after.

The matter of the HANSARD will come up on Tuesday.

But then I will not be in the House to respond.

Order! I said the matter of the HANSARD will come up on Tuesday. The Speaker will make his ruling at that point. If you are not in the House, nobody will penalize you. I assume that all of us will know where you are. So, the matter of the HANSARD will come up on Tuesday, then the others will be dealt with thereafter.

Thank you, Mr. Deputy Speaker. I stand by my words. I did not make any adverse reference to any Member or the Chair.

Order! Sen. (Dr.) Khalwale, the matter is closed for now. We are still on the Order on Statements. Sen. Mositet, do you have a statement? RECRUITMENT OF THE VICE CHANCELLOR OF THE UNIVERSITY OF NAIROBI

Mr. Deputy Speaker, Sir, I stand to seek a statement on behalf of the Senator of Murang’a County, Sen. Kembi-Gitura, who is the Chair now. I wish to seek a statement from the Standing Committee on Education on the advertising, short listing, interviewing and appointment of the Vice Chancellor, University of Nairobi. There have been many reports both in the electronic and print media about the appointment of the Vice Chancellor of the University of Nairobi. It 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.

Who is from the Committee on Education?

Thank you, Mr. Deputy Speaker, Sir. This is a current event and a very important and serious issue for that matter as it touches on the integrity of individuals. We are going to take about two weeks to give an answer to the House, if that is acceptable.

I think two weeks would be too long, do you not think so? Considering it, it is topical. As you said, these are issues that are being discussed throughout the country today.

Mr. Deputy Speaker Sir, I was thinking that maybe there would be hesitance to give us an answer immediately by the powers that be because the matter is ongoing at the moment.

Mr. Deputy Speaker Sir, there cannot be “powers that be” when you are talking of Parliament which enjoys the will of the people of Kenya. Giving an answer two weeks hence would be locking the stable too long after the horse has bolted. The Senate must exercise its power to demand an immediate answer as a matter of urgency so that before the matter is concluded the Senate can give appropriate direction on the matter. That is the whole essence of this question.

Mr. Deputy Speaker, Sir, my point is exactly as the one raised by Senator Billow Kerrow; four days should be enough for the Committee to respond. This is an urgent matter. We do not want to receive an answer once the entire process is done.

Mr. Deputy Speaker, Sir, similarly I represent the University of Nairobi and two weeks is too long. There is a lot of anxiety both by the students and the teaching faculties. Therefore, the determination of this is very critical. I plead that he is given less time. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof.) Lesan, that Statement is sought by the Senator for Murang’a County who is also sitting here. As Sen. Billow Kerrow and Sen. Mutula Kilonzo Jnr. have said, you may be closing the stable long after the bulls have bolted. Why can you not give this answer on Wednesday, latest Thursday or assure us that nothing will happen between now and then?

Thank you, Mr. Deputy Speaker, Sir. As I said, it was a topical thing. At the moment, I am alive to the fact that this is a continuing issue. I take the sentiments of the Members of the Senate for the need to have this answer urgently. I will consult very quickly with the Chairperson of the Committee and mention the urgency of this matter and, hopefully, get this answer within a week.

It is ordered that the answer will be given on Thursday, next week.

Thank you, Mr. Deputy Speaker, Sir. I will try to do so.

On a point of order, Mr. Deputy Speaker, Sir. On a similar matter that came before the National Assembly last month, the House ordered that, that exercise be halted until the Senate Committee looks at the matter and reports. Would it not be appropriate given the fact that the Statement is raising concerns on the integrity of the process for the Chair to give, with the help of the Speaker direction that that exercise not be concluded until the Senate satisfies itself that the process has been checked? We have the power and I think it is better that he takes that action.

Thank you, Mr. Deputy Speaker, Sir. Maybe you can give us some guidance whether the Committee on Education has the powers to interfere or stop the Executive from carrying out its role as it is, at the moment.

What you need to do, because the concerns are several and you have heard them, I had indicated that you should give an answer on Thursday, next week. May I request that you give us a holding answer on Tuesday, next week, so that we are able to consult with the office of the Speaker on what can be done in the circumstances? You have the whole of tomorrow and Monday so that you give us an answer on Tuesday afternoon, not Thursday. The HANSARD is corrected on that very urgent issue. Tuesday, next week, shall be the 4th November, 2014 at 2.30pm. Sen. (Prof.) Kindiki, do you have a Statement to make?

(Sen. (Prof.) Kindiki): Thank you, Mr. Deputy Speaker Sir. Mine is the weekly Statement under Standing Order No. 45 on the Business of the Senate next week. Tuesday at 12.00 noon, we shall have the Rules and Business Committee (RBC). On that day, any business which is not concluded today will be scheduled subject, of course, to directions and prioritization by the RBC. On the same day, we expect that the Public Finance Management (Amendment) Bill will come before this House in the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Senator. Proceed, 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.

Thank you, Mr. Deputy Speaker, Sir. One month ago, I raised a request for a Statement on the Compliance in Use of the Integrated Financial Management Information System (IFMIS) accounting system and the measures put in place to ensure that local revenue is collected according to the law by county governments. Since the Chairperson is here, I would wish to hear his response on the same.

Mr. Deputy Speaker, Sir, I want to seek the indulgence of the House. This statement sought by the hon. Member regarding the revenue collections of the county governments is a very important one. This is because there are serious concerns all over the country that county governments are underperforming significantly according to the report of the Controller of Budget. I, therefore, want to seek the indulgence of the House for a couple of weeks because we want to interrogate this statement which was supplied by the Controller of Budget because it is very insufficient. We have also not had an opportunity, as a Committee, to look at it. I just got a copy of the statement at the entrance to the House when we were coming in. We would want to be given some time, two weeks at least.

How much time?

Two weeks.

Sen. Elachi, is two weeks okay?

Mr. Deputy Speaker, Sir, I think two weeks will be too long. Is it possible for him to do so in one week because it has taken a while and you can see there are already challenges? Even Nairobi County last week decided to borrow again another Kshs4 billion and when you look at their status, it is very wanting. So, I think the Chairperson of the Committee on Finance, Commerce and Budget needs to help us also so that we can help the assemblies to deal with the matter.

I think two weeks is fair in the circumstances, considering that the data has to be collected from all the 47 counties. This will also allow the Committee to prepare one comprehensive answer so that we do not have to keep on going to and fro. So, the statement will be given two weeks from today. I believe that brings us to the end of Statement Time. Sen. Janet Ong’era is not here. She had sought a statement, but she is not here. Next Order!

Sen. (Prof.) Anyang’-Nyong’o was the last to speak. He had 13 minutes left, but he is not here. So, he forfeits his time. I have no request for speakers. Sen. Billow, do you want to contribute to the debate?

Mr. Deputy Speaker, Sir, I rise to support the Government Proceedings (Amendment) Bill, Senate Bill No.10. It is important to appreciate that the county governments have a lot of assets and liabilities, many of which are yet to be documented. In the transition to the county governments, there was a legal requirement that the Transition Authority (TA) audits and makes an inventory of the assets and liabilities. There are huge debts that have been taken over by country governments from local authorities. As we speak, the County Government of Nairobi has pending bills in excess of Kshs25 billion and there are many others. Remember this House passed a Motion to that effect that those debts be audited. Mr. Deputy Speaker, Sir, what I am trying to say is that in view of all those debts and in view of the lack of registration of the assets and liabilities of these entities, under the current law, it would be risky. What would happen is that the county governments would have their assets attached and county government officials would be liable in their own capacities. I think it is important to bring these amendments so that these institutions can be protected. Mr. Deputy Speaker, Sir, I also want to mention, at this stage, that one of the challenges we have at the county governments today is the one of debts – not just debt that has been taken over, but also debt that is being incurred by county governments today. Last week, we were informed that the County Assembly of Nairobi approved a debt from a commercial bank of about Kshs4 billion for the County Government of Nairobi. The law is very clear that, except for short term borrowings like overdrafts to cover payroll exposures, the county governments are not mandated to borrow any long term finance, specifically for development or related activities, unless those debts are guaranteed by the county government and in this regard, by the national Government. In this regard, we are aware that the Treasury is still working out an appropriate legislation with regard to loans or borrowings by the county governments. Therefore, it would be inappropriate for any county assembly to purport to approve a loan of that size for development programmes without the appropriate legislation in place. Mr. Deputy Speaker, Sir, this amendment is critical to protect the interests of the county governments. These are institutions that have come in recently and they have many challenges and risks, not just by predators from this era, but also predators from the previous era who want to maximize on the lack of records and accountability in the previous dispensation. So, it is very important and I want to lend my support to this Bill that we should provide appropriate protection. This is the mandate of this Senate to protect the interests of the county governments and the interest of the counties. So, it is a very important Bill and I stand to support it. 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): Okay; I see no other request, I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, thank you. I want to thank the Senators who have contributed to this amendment and I also want to bring to the attention of the Senate the importance of the same. Mr. Temporary Speaker, Sir, this morning we read in the newspapers that a member of a county executive has been committed to civil jail on account of a debt which was accrued by a municipal council prior to the commencement of the county government as envisioned by the law. Therefore, I think this amendment has come at the appropriate time. Mr. Temporary Speaker, Sir, part of the amendments which were highlighted by the Senators - which I would also like to highlight in my reply - is that other than civil proceedings and other proceedings, it talks about arbitration. Therefore, Senators, in an attempt to protect counties we are also telling the counties that even in the contracts they are signing, they will include an arbitration clause. I am happy to announce that the Cabinet Secretary in charge has now gazetted the guidelines on private-public ownership. As your county Governors enter into contracts with private parties, they will include an arbitration clause. This way, county governments will be protected in terms of proceedings that are commenced even in arbitration. Mr. Temporary Speaker, Sir, I would like to thank Sen. Kagwe, because he mentioned something very critical that is important and which I would like to lay emphasis on. Although he mentioned tractors, he came short of mentioning ambulances, which are also assets of counties. Counties are spending resources buying tractors and ambulances. These are part of the assets that can be attached to satisfy a debt that had been accumulated by a previous municipal council; alternatively, the predecessors of the county governments. Most Senators do not know that most of the debt problems that Nairobi County Government is facing were incurred by the previous Nairobi City Council. This County is not protected. A large portion of the money we are sending to them in terms of shareable revenue is being used to settle debts which, in fact, should not be paid. Mr. Temporary Speaker, Sir, more importantly, other than the settlement of debt, is the protection. Even if the Nairobi County Government does not have funds to pay for a debt, this county and its officials would sleep easy knowing that a person or an auctioneer will not wake up early one morning and pull the cars out of the parking lot or the ambulances out of the hospitals parking bay. As Sen. Kagwe mentioned, the auctioneers who operate in this country appear to be different human beings from the ones we know. They are ruthless and will be ruthless irrespective of whether it is an ambulance or a tractor that is rendering public service. Mr. Temporary Speaker, Sir, I am happy that Sen. (Prof.) Anyang’-Nyong’o and Sen. Hargura brought this to the fore by stating that the Fourth Schedule of the Constitution, recognised two levels of government; the national Government and the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): It is so ordered. Let us move on to the next order.

Mr. Temporary Speaker, Sir, I beg to move, that the Persons With Disabilities Bill be now read a Second Time. The Bill before this House today amends the Persons with Disabilities Bill. We all know that history is filled with frightening narratives revealing how people’s disabilities came about.

(Sen. (Dr.) Machage): Order, just do your presentation as you had planned. Do not listen to sidekicks.

Mr. Temporary Speaker, Sir, this Bill seeks to amend the Persons with Disabilities Act so as to compel the National Council for Persons with Disabilities to submit an annual report to the Senate.

(Sen. (Dr.) Machage): Does it seem to amend or does it amend? Give us the proper term. What do you want the Bill to do? Do you want to “seem to amend” or do you want it to amend? I am just guiding you.

Mr. Temporary Speaker, Sir, I want this House to amend. The National Assembly should ask the Cabinet Secretary responsible for matters relating to persons with disabilities to come before it and respond to matters relating to the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Order! If you have finished, just name who you want to second your Bill.

I want to request my sister, Sen. Elizabeth Ongoro Masha, to second the Bill. Thank you, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, I stand to second this Bill. To start with, I want to take all us back to the Constitution of Kenya which ushered in a very good and positive development. One of these positive developments in the new Constitution as enshrined is the affirmative action which for the first time ensures that women, people living with disabilities and other groups that have not been given attention before can now be treated with dignity and respect. I listened carefully to the Mover who has very elaborate data that he has presented to the House and going by that data, you realize that we are dealing with quite a substantial number of persons within our community. Good policies are not enough if you do not have effective structures to ensure their implementation that will impact positively the target groups. That is what this Bill is aiming at. We already have this provision enshrined in the Constitution. We have a set of very good policies, but this amendment seeks to ensure that the laws and policies that affect this group directly will now be directly implemented by ensuring oversight and accountability. Henceforth after the passing of this Bill and I am positive that all Senators are going to support this Bill, we will not have data presented just like that without proof that what is being presented is the actual fact. Mr. Temporary Speaker, Sir, after the passing of this Bill, every section will now be required to deal with deliverables as far as ensuring that people living with disabilities are given their rightful quarter in terms of employment and other opportunities. With the oversight and accountability measures that this Bill seeks to put in place, I am sure that we are not going to deal with cases where you read elaborate and fantastic reports of Ministries having given this quarter to the right people, but when you actually visit those offices, you find that the quarter that was meant for people living with disabilities has been taken up with able bodied people; persons whose disability cannot be proven unless it is completely hidden. I support.

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

Mr. Temporary Speaker, Sir, let me start by thanking Sen. Njoroge for bringing this important amendment. I think it comes from the fact that from his observation, the bodies that have been entrusted by the Constitution to make sure that the interests of disabilities are executed, probably, have not been given enough teeth to bite. The National Council of People with disabilities, therefore, in the new amendment that is being sought are actually being given direction in terms of what they can do. I think this is correct because it is enshrined in the Constitution. The Constitution is very clear in protecting the interests of different groups, especially those with disabilities. Section 27(4) that deals with equality and freedom from discrimination states:- “The State shall not discriminate directly or indirectly against any person on any ground including, among others after age, disability, religion, belief, culture, dress”. Article 54 emphasizes that the dignity and respect of every person must be upheld. It gives provisions about how the life of the people with disabilities can actually be enhanced to make their life easy. Some of these things are not very difficult. It is really a question of coming up with policy and putting it into place and just being very focused on it. I think this initiative to beam the light to a specific area to ensure that this happens is very critical; for example, issues that are dealt with in Article 54; reasonable access to all places, public transport and information. Really as a person and a human being, you cannot be productive socially or economically if you cannot move. I know there are different types of disabilities, but I think in this particular session, we are dealing with physical disability. It is very sad. If you have the right equipment, you should be able to move from one place to another. Mr. Temporary Speaker, Sir, I remember in one of the Committees when we were dealing with one of the cases that came up about an airline that had not made provision for a particular prominent Member to be able to move. The way he talked about it and the way that he felt, it was very clear that such provisions should be made and should be respected and nobody should ask or beg for it. We know, for example, in the developed countries, they have made a lot of progress. In Kenya, you will still go to a building and find that there is no ramp. That is the case even within the buildings of Parliament. Last week we had a meeting on the First Floor and one of our Members could not make it there. We had to move the meeting to this Chamber to enable her join the meeting. Somebody somewhere should be responsible. In Sen. Njoroge’s submission, the NCPD should be able to push for this agenda together with parliamentarians. Accessing materials and devices overcome all these constraints and it should be made possible for people with disabilities to be able to do that. With such provisions being put into place, it will make life very easy. I think this provision should not just start in adulthood; it has to start in consideration with all the institutions. How is disability handled, for example, within the family? We know that some of the children with disabilities have been hidden and not taken to school. How should it be handled within the institutions of education? What about the integration of people with disabilities into schools so that their issues can actually be dealt with? What about in religious and economic institutions? 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, Mr. Temporary Speaker, Sir. From the outset, I wish to also join my colleagues in congratulating Sen. Njoroge for being proactive and indeed living up to the mandate which he was given by being nominated to this Senate.

He came here to protect the rights of the disabled persons and he has not disappointed them. He has done exactly that. In fact, he has begun the journey in a long walk that we will walk. I can promise him that those of us in this Senate who appreciate what he is trying to do will walk all the way with him. There was an English writer called John Locke who said at his time that “the most able must provide the least requirements for the least able”. When we look at those who are challenged in our society, be they physically challenged or otherwise, John Locke’s idea comes to bear because what we must never do – if we are going to be a civilized nation and if we are going to join the ranks of those countries that are respected globally – is that we must never leave behind any of our citizens for any reason. Not too long ago, a black man in the United States of America (USA) and other parts of this earth was seen as virtually unable to help himself. A black person was a second class citizen and even today in some parts of the world, a black person is seen as being just below other human beings. That is how far discrimination of persons can go. When you think about anybody that you know – you and I included – if you think about anybody thinking that you and I can be slightly below anybody walking on this earth who is a human being like yourself, you can see the pain that one would have. That is the pain that I believe that persons who are physically challenged or who are disabled for whatever reasons would feel when we do not focus and take care of them in our society. Mr. Temporary Speaker, Sir, we have heard Sen. (Dr.) Zani contribute here and say that indeed it is true that there are persons within our families who actually hide those persons who are disabled; we have seen it on television (TV).We have seen persons being removed from a house where they had been locked in for years and years. Some persons were born never to be seen again until ten years later. This discrimination and this scourge that is the thinking process that some of our people have about a challenged individual is something to be ashamed of. Nobody decides that they want to be blind, that they do not want to walk, and that they do not want to hear; nobody decided those things; they happen to them. In the USA and in other places where there is warfare, there are very many people who were born one day like you and I but, today, they cannot walk because bombs; cannot see because of shrapnel. People who, yesterday, were exactly like you and I go through an The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Order! This is the Senate of Kenya and not the Committee on Information and Communication.

Thank you, Mr. Temporary Speaker, Sir. It was only with a light touch. We discussed yesterday and again, it is good to tell this House that, in fact, we intend to hold an ICT opportunities for persons with disability conference for all the representatives in the county assemblies. There are people nominated for that purpose. The Committee on Information and Communication is calling those people for a conference here in Nairobi so that we can be able to infuse them and for them to be champions on the use of ICT in the various counties in order to effectively meet this challenge of those who are challenged in one way or another. We will be able to see and discuss how we can use ICT, particularly the call centres, to see that the persons who are physically challenged are able to get jobs in those counties. Mr. Temporary Speaker, Sir, 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. I stand to add my voice to this very important Bill which has been brought to the Floor of the House by Sen. Njoroge. The Bill is very thoughtful. He has moved very key amendments to the Bill. When you look at this Bill, it recognizes persons living with disability. When you go further and read Section 10, what the Senator has asked is for the Council to submit a report to the Senate, the National Assembly and the Cabinet Secretary responsibility for matters relating to persons with disability. As we sit here and deliberate on this Bill, we do not have the statistics to show us how many people out there are living with disabilities. This is a group that is vulnerable and has been forgotten until our Constitution was promulgated in 2010. The Constitution has brought on board Senators like Sen. Njoroge who are now proactive and advocating for people living with disability. Mr. Deputy Speaker, Sir, I fully support this Bill. Article 21(3) of the Constitution on implementation of rights and fundamental freedoms states as follows:- “All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalized communities, and members of particular ethnic, religious or cultural communities.” We know that persons living with disabilities have been stigmatized in families. You find that some families lock up their children because they are embarrassed. We need to roll out civic education to sensitize those families that a disabled person does not mean that he cannot be able to perform given the facilities. What I would propose is about facilitation. If we facilitate disabled persons they can be able to perform like any other person. A good example is Sen. Njoroge here. He is somebody who is very proactive and has even moved Bills. We even know of a disabled person who was nominated by the President as a Permanent Secretary. So it means that disability is not inability if we facilitate persons living with disabilities. How do we facilitate these people? We have to give them facilities like wheel chairs. If, for instance, we advocate for education and the disabled people do not have wheelchairs to move around, how will they get to the classrooms? In Nairobi, for instance, you hardly see a disabled person in the streets because they do not have the means of movement. The key thing here is for counties to address this question of facilitation. They must tell us how many disabled persons are there per county so that we know what activities the disabled persons are doing. The Bill also brings out an amendment where 5 per cent of the jobs must be set aside for persons with disability. How are we going to go about this? There should be special schools in every county. For instance, Kerugoya School of the Deaf; I remember one of my child’s friends went to that school. Through the hearing aids, she was able to score a grade of C. The national Government in conjunction with the county governments 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): What is it? Do not play around with us. What is it, Sen. Kittony? I can see your intervention.

Thank you, Mr. Temporary Speaker, Sir. I also---

(Sen. (Dr.) Machage): Order, Sen. Nabwala. Two Members cannot be standing at the same time. Sen. Kittony, continue.

Thank you, Mr. Temporary Speaker, Sir. I also stand to support.

(Sen. (Dr.) Machage): I thought you rose on a point of order. That is what was here.

No.

(Sen. (Dr.) Machage): Then sit. Sen. Nabwala, continue.

Mr. Temporary Speaker, Sir, this Bill seeks to establish a legal framework so that we can engage with the counties and the national Government concerning persons living with disabilities who are actually a forgotten society. I wish to thank Sen. Njoroge for being so thoughtful about our friends out there and for bringing up this Bill to the Senate so that we can enact it into law. However, the problem that we have is implementation. That needs to be followed up because it is a good Bill. We are going to touch the lives of many people out there. Working through our colleagues, Senators, we should be able to tackle this problem because in my county, Trans-Nzoia County, we have over 500 people with disabilities. They are all going on their knees. In 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): Sen. Murungi Kiraitu. Sorry, Sen. Kittony, you have just come. There are others who were waiting.

Mr. Temporary Speaker, Sir, I rise to support this Bill and most sincerely commend and thank Sen. Njoroge for bringing this important Bill before the Senate. This Bill is clear testimony that there is logic in appointing people with disabilities to the Senate to represent the interests of the others in the country. Sen. Njoroge, I want to commend you for being a very effective representative of your constituency. That is the constituency of disability. Mr. Temporary Speaker, Sir, this Bill seeks to implement the fundamental rights of this one special category of people, specially recognized under Article 54 of the Constitution. It is trying to implement those rights through a reporting mechanism. In fact, it is the usual United Nations (UN) way of enforcing such rights. Mr. Temporary Speaker, Sir, disability had been treated in very different ways in different times in history in different communities. If you remember, in the old Sparta if you were born with disability, because that was a sporting nation, you had to be killed. Children born with disability were killed in Sparta and in many other communities including my own community. In the old Meru Community, we had no people with disabilities because disability was seen as a curse. Therefore, nobody talked about any child born with disability. The child disappeared. They were spirited off in the forest and they never returned. It clearly shows how far our society has come. This is because up to 2010, the old Constitution did not say anything about disability. I am very happy that Sen. Ong’era and Sen. (Prof.) Anyang’-Nyong’o are here because we worked very hard with them in the Secretariat to ensure that we have this new Constitution. Mr. Temporary Speaker, Sir, I think the basic question which the new Constitution asks is whether a disabled person is a person. Once you answer that question in the positive that a disabled person is a human being, then that person is entitled to all the human rights that other human beings are entitled to, except those which might be limited by virtue of the nature of disability. I support this Bill because we are all candidates of disability. You do not know who will be the disabled person tomorrow. You do not know who will be joining the ranks, that group or that category of Kenyans tomorrow. I do not know whether you were in Parliament when the late Dr. Oki Ombaka returned from the United States of America (USA). He had been treated but in the process, he had lost his sight. So, he became blind. When he came and made a speech before us in the National Assembly, it was very moving because he said, “You, people, might see but I can see many things which you cannot see.” He said that he had become more perceptive; that he could see even the unseen things. He thought he had become wiser by going through that process. He asked us not to pity him because he had learnt some new things. He later on started the constitutional process itself with Prof. Yash Pal Ghai and he did a commendable job until the last days of his life. I am giving that example to show that even somebody like Dr. Oki Ombaka, who used to be our student leader at the university with a PhD from Harvard, a very 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): Sen. Mutula Kilonzo Jnr.

Mr. Temporary Speaker, Sir, I would like to thank Sen. Njoroge for coming up with this Bill. The Bill is timely and in my own reading of the Act that was passed in 2003, it appears as if Sen. Njoroge is on the right path because the Act, for all intents and purposes, is unconstitutional. Before I contribute, I want to give my experience with this category of disabled persons. In 2001, I visited Ndia Constituency with the then former Member of Parliament – I cannot recall his name – to donate wheel chairs through the Rotary. After donating a wheelchair to one individual, this gentleman took off at high speed. I then asked why he had done so, and the answer I got was that he thought we may change our minds and for him that was a lifeline. That person had been locked in a dog kennel for over 15 years. Since that time, I have been donating wheelchairs through rotary since 2001. At any given time, I have a wheelchair in my office. In fact, I also donated the wheelchair that Sen. Godliver uses through rotary. We are paying lip service to these Kenyans and people that we love. The experience I have had is tragic. I am happy that the Bill proposes to offer facilities to this category of persons who are our brothers and sisters. Two weeks ago, a member of my county who comes from the University of Nairobi and disabled had a problem with his wheelchair. The wheelchair that they ended up getting cost Kshs15,200. It is sad that this category of persons can suffer so much and yet that equipment is very expensive. Somebody is making a profit when they should not. We must condemn this. Part of the incentive is to ensure that the wheelchairs that we give or those that are imported are available, cheap and can be repaired. Some of them cannot be repaired. There is a group of persons called the Association for the Physically Disabled Kenyans (APDK) who are manufacturing local wheelchairs and facilities for persons with disabilities. These are people who should be given incentives by the Government. They should be given funding so that wheelchairs are availed. Members may not even know the extent of the disabled persons in schools. Members of the Rotary Club in Kenya organize every year the Sunshine Rally which we hold at Jamhuri Park for schools that cater for the disabled students in Kenya. This is the only time when these children find time to come and play. The enthusiasm that you see in these children can break your heart. Therefore, in supporting this Bill, I will ask Sen. Njoroge to go back through this Bill with a toothcomb because there are many areas that are unconstitutional. I will start with Section 13 which he seeks to amend. This one reads; “the Council shall endeavor to secure reservation of 5 per cent of all casual emergency and contractual positions in the public service sectors for persons with disabilities.” Shame on us because for the last ten years, we have had a law that suggests that the only reservation we should give to the disabled persons is casual. This is an embarrassment. This is terrible. We should be embarrassed. However, Sen. Njoroge, this is an opportunity and we thank you. This is one of the ways of ensuring that this Constitution that we fought hard for is realised. 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. Temporary Speaker, Sir, first of all, I would like to congratulate Sen. Njoroge for coming up with such an important amendment, but particularly as a person who is representing persons with disabilities in Parliament, this comes with great joy; that there is actual representation. Sometimes there are people who are in positions of influence, who would have helped the masses through their positions, but they sit on it. In the Bible, it was Mordecai in Esther 4:4 who told Esther: Who knows why you are in the King’s court at such a time like this; it is for a responsibility to be able 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 this opportunity so that I may support this important Bill. From the onset, let me also join my colleagues in congratulating and thanking Sen. Njoroge for bringing this Bill that highlights and brings to light the plight of a very important constituency of our society and this is persons with disabilities. We know that there have been many provisions of law that have come about with regard to persons with disability and yet nothing has ever been done. We have very good writings under the Constitution and the Persons with Disability Act. There are also very good words that are mentioned in the UN Convention for Persons Living with Disability yet we see discrimination of persons with disability being exercised in our society. Mostly, we see barriers to persons with disabilities with regard to attitude and environment. We also have socio-cultural and infrastructural barriers that do not take into consideration the rights of persons with disabilities. This is a gross violation of their rights. As we see this, it saddens us to see that this important constituency is not being considered. It is timely in the Bill that Sen. Njoroge is requiring that this data is brought to this Senate, which is the House of wisdom, and the National Assembly, so that we can ensure that, indeed, the Council is giving us necessary data that these barriers of discrimination are removed. While I congratulate the national and county governments for ensuring that there is some semblance of equitability being brought by giving persons with 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.

Thank you, Mr. Temporary Speaker, Sir. Earlier on, I was not sure how I was going to contribute; this is my confession, but after listening to Sen. Murungi and Sen. Mutula Kilonzo Jnr., I have a very different idea of how I want to address this issue. Mr. Temporary Speaker, Sir, let me start with some of the stories of my confessions. One of the persons I helped to nominate as a person with disability in Homa Bay County was a head teacher who was a little older than me, but we come from the same village. He was very fit until one morning when he could not feel his legs or even lift them. He told his wife that “I cannot go out for a short call.” The wife was shocked and she asked him why. He replied that he could not feel his legs. That was the beginning of his disability and up to now, he is on a wheelchair and crutches until his recent nomination. He represents the people with disability with a lot of passion because he knows how able-bodied he was just a few years ago and how it happened like lightning when he was asleep. So, it can even find you while you are asleep. Mr. Temporary Speaker, Sir, the other confession I want to talk about is of another relative of mine; I will not mention names because he might be offended. He was fit until the other day when he sent me text messages that we should meet for a drink or two, because we are friends. The next day, he sent me another text message and he told me “I have been hit by a stroke and wheel-chair and cannot walk or stand.” I asked what has happened that, in a flash, he is on a wheelchair; a person who was fending for his family but he is in that confinement now. I think it is Sen. Murungi who said that we are all candidates for disability. The MP for Kamukunji, until the other day was a very fit gentleman. In fact, when he was working with the Refugees Council in Geneva, I remember meeting him several times as a representative, not of Kenya, but he was working for the international body at a very senior level. When he came to Kenya, we elected him to Kamukunji and just because of some thuggery; you know that he is now confined to a wheelchair. So, it can happen to anybody. The women representative of Migori – a dynamic and very active young lady – we were campaigning with her during the aborted party elections of ODM just the other day. She was involved in an accident on the way home, was taken abroad for treatment and today when we met at the Orange House, she was on a wheelchair. So, it can happen to anybody, whether you are an MP, a Senator or whoever else you are. Mr. Temporary Speaker, Sir, while making this law – and I think I want to quote the Speaker himself – we should not think that we are making it for somebody else; we are actually making it for ourselves and for this society. We need to protect our own, if not ourselves because it can happen any time. But I think hon. Members have said that enforcement has been very poor. We have written very beautiful words, as Sen. Ong’era has said, but enforcement has been a problem. I think we should look at enforcement other than reporting. Although the Members who are nominated into these Houses – whether it is the county assembly, the Senate or the National Assembly – have a duty to campaign for the enforcement of these rights, but they might end at campaigns. We must find enforcement somewhere; I was thinking of the Ombudsman writing to these bodies to ask them what they have done. But even the Ombudsman is complaining that he receives numerous letters and, of course, he does a lot of correspondence. But because there is no enforcement – should I put it the other way – 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 a chance to add my voice to this amendment Bill. I would like to start by congratulating Senator Njoroge. I would like to register my disappointment that despite the fact that in a House of 67 Members, it had to take a person living with a disability to bring a Bill or an amendment about disabilities. Why should we wait to support him? Why did we not think about it? Sen. Njoroge, we support you and know that disability is not inability. In that case, I would like to refer to a paragraph in this amendment that says; this Bill seeks to bring out details about the extent to which the national and county governments have complied with the provisions of the Constitution and the Act on matters relating to persons with disabilities. To me, this will give persons with disabilities a lot of confidence that people are with them. It will give them confidence that people care about them. This is not just a saying. We read and see people with disability around us. We may not have them in our families but we see them around. You will visit a hotel and find that it is not disability friendly. You will complain about it once but what more can you do about it? However, when we pass legislation that will care and show concern about them, then we will be doing something about it. We have funds that should be taking care of the disabled. However, do these funds take care of the disabled? We do not know. If this legislation is followed up and made to ensure that the money that is given to them is used appropriately and audited and justified, then we will be showing our humanly side by supporting people with disabilities. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Bw. Spika wa Muda, ninasimama kuunga mkono Mswada huu ambao umeletwa na rafiki yangu, Sen. Njoroge. Ninamshukuru Sen. Njoroge kwa fikra zake. Hii inaonyesha kwamba uteuzi aliopewa na chama kilichomteua kuja hapa,umeanza kuzaa matunda. Jambo linalozungumziwa hapa ni jambo muhimu sana. Linaanzia kwa kutambuliwa kama “walemavu”. Kwa wale ambao wanataka kutumia lugha ya madharau, wanawaita “wasiojiweza”. Halafu wale wenye matusi ya juu wanawaita “viwete”. Watu hawa ni viumbe vya Mungu na hatujui tutamuita mtu nini ambaye ana ugonjwa wa roho au mtu ambaye ana vidonda vya tumbo. Lakini sisi sote kama binadamu, kuna sehemu fulani katika miili yetu ambayo inatubidi tukumbuke Mungu wetu na kumwomba. Lakini hatuna majina kamili tunayoitwa ila tu hawa wengine. Bw. Spika wa Muda, tangu tunyakue Uhuru hapa nchini Kenya, watu ambao wana maumbile tofauti wamebaguliwa na hadi kufikia kiwango cha kujihisi kwamba hawastahili kuishi. Kuna mwimbaji mmoja kwa jina Daudi Kabaka ambaye aliimba wimbo akisema kwamba, ukizuru katika kila mji wa taifa letu la Kenya, katika barabara ya kila mtaa, utakuta mtu ambaye hajiwezi. Na kama ni mwanamke, utampata kwamba amepachikwa mimba. Daudi Kabaka anauliza: Je, mimba hii ni kutoka kwa mtu ambaye hajiwezi ama ni kutoka kwa yule anayejiweza na nia yake ni kumuumiza yule ambaye hajiwezi? Haifai wanaojiweza kuwatusi na kuwadharau wale ambao hawajiwezi, hasa wanawake. Baada ya kuwapachika mimba, huwa wanawatoroka. Katika taifa letu, wakati kazi za kijeshi zinapotangazwa, huwezi kuwapata watu hawa katika mstari wa mbele wakitafuta kazi katika jeshi, askari polisi au askari jela. Hawaajiiriwa katika kazi ambazo zinastahili mtu atumie nguvu zake. Lakini wao hulipa kodi hata wakiwa ni wa kuombaomba, kama mtu yeyote nchini. Akinunua sukari nusu kilo, analipia kodi. Lakini hata wakati tuna sherehe zetu za kitaifa, utashangaa kuona kwamba hao ndugu zetu, dada zetu na watoto wetu hawatengewi sehemu yao katika sherehe hizo. Iwe ni sherehe yoyote, sijaona hata kiti kimoja kilichotengewa watu hao. Kwa hivyo, watu hawa wamebaguliwa katika nchi yao. Bw. Spika wa Muda, ninamshukuru Sen. Njoroge kwa sababu Mswada huu ukipita itabidi watu hawa wahesabiwe upya ili tujue idadi yao. Ikiwa wamefika milioni kumi ama ishirini, kiwango chao katika mgao wa mapato wa hii nchi ya Kenya ni nini? Leo ninasema haya kwa sababu mpango tunaoendesha wa “Okoa Kenya”, tumesema kwamba baadhi ya mambo tunayotaka – ningependa wanasheria wayasikie haya – tunasema kwamba katika kazi za Serikali, yale “makabila makubwa” wasipate zaidi ya asilimia 15 ya kazi za nchi yetu. Lakini wale ambao ni chini ya asilimia 3, tunasema wapewe asilimia 30 ili wao pia wajivunie taifa lao. 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.

Mungu akulipe Muthama! Mungu akulipe!

Bw. Spika wa Muda, hiyo pesa inatoka kwa mfuko wangu mwenyewe ilhali magavana hawajali. Kwa mfano, Gavana wa Kaunti ya Machakos juzi alifunga safari ya kwenda Kaunti ya Kitui ikiwa amebeba choo chake kwenye gari.

Aibu! Aibu!

Anawabeba wapishi wake akienda Kitui. Pia anabeba kiti chake kwa sababu viti vingine vina chawa na hataki kubeba chawa. Anabeba mkeka mwekundu kama huu ili utandikwe akanyage. Haya yote yanafanyika katika kaunti ambayo watu hawajui wanaenda wapi. Ukiangalia miguu ya mtu huyu huwezi kusema kama anakula chakula. Fikiria juzi tuliona katika runinga mtu mmoja ambaye anaandika kutumia mguu wake, vidole vya miguu yake vinashika kalamu anapoandika. Huyo mtu anajifanyia kazi na hiyo miguu yake kuandakia lakini nchi ina Gavana, anatembea na magari 20. Nchi ambayo ina waziri ambao kila mmoja wao anapewa magari matano, walinzi 20 na nyumba zinalindwa. Mtu mmoja gharama yake kwa mwezi ni zaidi ya Ksh10 milioni na kuna mwingine ambaye hata viatu vya kutembelea hana. Mheshimiwa Spika wa Muda, namshukuru Seneta Njoroge kwa kuleta Mswada huu. Mungu atakubariki. Tutachangia Mswada huu na tujitole kuona kwamba wale ambao ni wa nyuma wanaenda mbele na wale ambao walikuwa wa mbele wana rudi nyuma kidogo. Haya ninaongea hata katika siasa. Nikiongea watu wengine wanafikiri kwamba ninamlenga mtu fulani. Taifa ni letu na haki zote ni zetu. Mungu aliumba nchi hii iwe yetu. Haijailishi wewe ni nani. Nataka kumwambia Seneta Njoroge aendelee na kazi hii nzuri amefany hapa na wapiga kura wetu watatambua mchango wake. Kama baiskeli hampti, hakuna mmoja wenu anaweza kuwa rais katika Kenya. Hii ndio sababu ninapendekeza tubadilishe upigaji wa kura ili uweze kupigiwa kura sio kwa sababu kabila yako ni kubwa, yangu ni ndogo au ya Seneta Hassan ni ya kati kati, unaweza kupata kura za kaunti 47 na kuwa rais wa taifa letu bila kubaguliwa unatoka wapi au walala wapi. Mambo haya yatafanya Mungu atubariki na tuunganishe taifa letu. Kama ingekuwa Mheshimiwa Moi ningesema alivyo kuwa akisema kwamba: “Na hapo ninafunga.”

Mr. Temporary Speaker, Sir, with due respect to my boss the Minority Chief Whip, did you see him addressing Sen. Njoroge directly instead of addressing the Chair? Is that in order?

Mheshimiwa Spika wa Muda, nimetaja Seneta Njoroge, Seneta Hassan na Seneta Mutula Kilonzo Jnr. Nimesema kila mara nikitamka “Mheshimiwa 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.

Ingawa sijui kwa nini ulitumia jina la Seneta Hassan Omar kwa mfano wa urais. Sijawahi kusikia akisema anataka kiti cha urais. Pengine ungetumia jina la Seneta aliye karibu na wewe kwa sababu amewahi kusema---

It is on a light note. Sen. Hargura.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute and support this amendment to the Persons with Disabilities (Amendment) Act. The initial Act looks detailed and these kinds of amendments assist in making some parts of the Act to be actionable in the sense that the first part is on the Council reporting to the various institutions which do monitoring and oversight. Also, there are proposed amendments to Sections 11 and 13 which talk about the rights and privileges which also specifically set out what should be due to the persons with disabilities. This goes a long way in making sure that it is actually implemented. If a responsibility is not assigned to somebody and when to deliver, then that responsibility will actually not be realized. This amendment, short as it might be, gives responsibility to where it is due and ensures that these reports are supplied to the relevant oversight bodies like the Council. Mr. Temporary Speaker, Sir, as the Vice Chairperson of the Joint Committee on National Cohesion and Equal Opportunities, we take the issue of equal opportunities in terms of persons with disability. We also, as part of our activities, intend to review the Act with a view of amending it so that we make it more actionable, specifically after our visit to the US where we checked how in that country the persons with disabilities are actually mainstreamed into the general public to make sure that they have access to all the facilities and have the necessary rights and privileges. For example, in a state where we visited, at the State Governors office, there is actually an officer who has a budget and who each year makes sure that the public facilities in terms of buildings are accessible to persons with disability. If it is the public facilities, then it is for the Government to provide funding to make sure that all of them are made compliant with access by persons with disability right from the road. You could see if you are entering a public office or building, right at the road itself, the road is at a level such that a person with disability using whatever means of movement, if it is a wheel chair, can easily get into that building right from the road and within the building itself. That is enforceable. For you to enforce that kind of facilitation, you must have funds. That is why in that particular state, they had a compliance officer who is given funds not just to go around and check what people are doing but actually could implement that in public buildings and facilities. The same law applies to private institutions. The same office does oversight so that whenever there is a plan of any facility such as a building, it has to be approved along that line. That way, you will make 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. Before I delve into the substance of my contribution, I want to, first and foremost, state my extra ordinary admiration for Sen. Njoroge in terms of living up to the expectations of the constituency which the Constitution mandates him to represent. Do you know that the special category of Senators that are here have each been given a certain area of interest or responsibility? Those of us who have been in the human rights discourse in this country to ensure that every Kenyan is provided a fair opportunity, our extra ordinary worry was whether those who are actually elected or selected to represent this constituency will give it their best in terms of ensuring that those matters or issues that bedevil that constituency are articulated in those platforms and fora. Therefore, this is one of the many Motions and amendments that Sen. Njoroge has brought to the Senate and to various stages of the Senate to ensure that he empowers the constituency that he is best suited to represent. 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. Hassan. The next time this Bill comes on the Order Paper, you will have two minutes to complete your contribution. Hon. Senators, it is now time to adjourn the Senate; the time now being 6.30 p.m. The Senate stands adjourned until Tuesday 4th November, 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.