Thank you, Mr. Deputy Speaker, Sir. I rise to seek a Statement from the Chairperson of the Standing Committee on County Public Accounts and Investments Committee (CPAIC) on the position of revenue collection in both Mara Triangle and Maasai Mara Game Reserve. It is without a doubt that the Mara Conservancy who are collecting revenue on behalf of Narok County Government in Mara Triangle and Kenya Airports Parking Services (KAPS) Limited which is also collecting revenue on the other side of the Maasai Mara Game Reserve are directly banking that money into their own private accounts and as well deducting their contracted cost being 45 percent and 6.5 percent respectively from source before remitting the balance to the county revenue account. Despite the fact that these two collecting agents; Mara Conservancy and KAPs, are collecting revenue on behalf of the people of Narok County, revenue records at source are guarded with utmost secrecy. I am seeking the following clarifications:- (1) Has Narok County Government complied with Article 207(1) of the Constitution which stipulates the procedure for banking and the management of public funds? (2) Does the Narok County Government internal audit office and Committee exist? (3) How much park fees has Oloololo Game Ranch collected so far from the guest lodging at Kichwa Tembo Lodge and Skyship Balloon Safaris landing fees since March 2013 to date? Thank you, Mr. Speaker, Sir.

The Chairman of the CPAIC? 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 a Member of that Committee. We undertake to give a response to the Statement in two weeks if it will be possible and it is okay with you.

Will two weeks be okay with you?

Yes.

Going by the calendar, we shall be on recess at that time. Can I ask that this Statement to be given on Tuesday, 2nd December, 2014 or at least come back to the House on that day and give us an indication because as you know – unless the calendar changes – we should be on recess on the Thursday, 4th December, 2014?

Mr. Deputy Speaker, Sir, two weeks from today takes us to Tuesday, 2nd December, 2014.

Does it?

Yes, it does. So, we will give the Statement on Tuesday, 2nd December, 2014.

Thank you very much, Sen. Khaniri. Sen.Gwendo, are you seeking a Statement or expecting one?

Mr. Deputy Speaker, Sir, I am expecting a Statement.

From the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries?

Mr. Deputy Speaker, Sir, from the Chairperson of the Committee on Lands and Natural Resources. PLIGHT OF FARMERS IN NYAMTHOWI AND KOLWA CENTRAL LOCATION IN KISUMU COUNTY

Mr. Deputy Speaker, Sir, although the Statement in the Order Paper is listed under the Ministry of Agriculture, Livestock and Fisheries, when it was sought, it was directed to my Committee; the Committee on Lands and Natural Resources. I undertook that we will give a Statement in four weeks, which I was granted by the Speaker, due to the nature of the Statement because it is cross cutting three Ministries; the Ministry of Transport and Infrastructure, Ministry of Lands, Housing and Urban Development and the Ministry of Environment, Water and Natural Resources. I asked for four weeks which I was granted by the Speaker. The four weeks are elapsing on Thursday this week, 20th November, 2014. We have since received a response from the Ministry of Transport and Infrastructure yesterday. The Ministry of Lands, Housing and Urban Development gave us their response today. As I was just walking into the Chamber, we received the final reply from the Ministry of Environment, Water and Natural Resources. We will have to compile a single Statement. I want to undertake that I will go by the time that was given to me. DESTRUCTION OF INSULIN MEANT 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, Sen. Martha Wangari had sought a Statement on the destruction of insulin meant for children with diabetes. First, I would like to begin by apologizing that this answer has taken so long because it had to go from one Ministry to another. Initially, it was a question of the Ministry of Health. However, since the destruction happened at the point of import, which is Jomo Kenyatta International Airport (JKIA), the Kenya Revenue Authority (KRA) became the institution to answer this question. I now have the answer.

Sen. (Dr.) Kuti, I notice that Sen. Wangari is not here. She is the one who had sought the Statement. I appreciate that the Statement is now the property of the House. Does she have a copy? Does she know the Statement is being brought this afternoon? I know she has been very persistent on the issuance of the Statement.

Mr. Deputy Speaker, Sir, this matter was discussed last Thursday. You had ruled that it be brought today. Just before the House began, I met the Senator and asked her to get the answer from the Journals Office. She is fully aware that I am answering this question today.

Strictly speaking there is nothing to stop you from giving the Statement today. I was just wondering, she has been so passionate about it, I am surprised that she is not in the House to receive the Statement, if she knew about it. Would you insist on giving it now or is it possible for you to give it tomorrow or Thursday? Would it make too much difference for you?

Mr. Deputy Speaker, Sir, this matter was a big issue in this House. It is the property of the House. We have been put under a lot of pressure to get this reply. It is unfortunate that on the day that we are ready to deliver the Statement, even after I have informed her, she is not in.

On a point of order, Mr. Deputy Speaker, Sir. I am seeking your indulgence. I have just spoken to Sen. Wangari; she is making her way here. If there are any other Statements, we can come to this one towards the end of Statements.

We cannot wait for her. In any event, I do not believe there are other Statements. I am just seeking the indulgence of Sen. (Dr.) Kuti, if he could issue the Statement tomorrow. I am the one who started by saying that this is now the property of the House. I appreciate that. Considering that she has been very persistent about it, may I request that you give this Statement tomorrow?

Okay, Mr. Deputy Speaker, Sir.

Thank you, Senator. I appreciate that. Who is Temporary Five? PROPOSED ALLOCATION OF LAND AT KANYANYOONI 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.

It is me, Mr. Deputy Speaker, Sir. I stand on a point of order because two months ago, I requested a Statement on the issue of land in Kitui County. The Committee was given the work to investigate the matter. In fact, they investigated the matter because they summoned me and the Governor of Kitui County. We gave our evidence. Could I ask the Committee when they will give us the report? I think they have done the investigations.

Which Committee?

The Committee on Land and Natural Resources.

Sen. Khaniri, is that your Committee?

Mr. Deputy Speaker, Sir, yes, indeed, it is my Committee. I am glad that the hon. Senator appreciates that we have been working so hard to give a comprehensive statement. We have had a series of meetings with the stakeholders. We have had a meeting with him, his Senator and Governor. We have also had a meeting with the National Lands Commission (NLC) and the Cabinet Secretary for Land, Housing and Urban Development. We are waiting for a final response from the NLC who were supposed to appear before our Committee last week on Thursday. Unfortunately, the Chairman had travelled. We have scheduled the meeting for this week, Thursday, to get the final submission from the NLC before we can draw the final report. In fact, it is not a Statement, we are bringing a full report on the matter.

Did you say Thursday? Did you give an indication of the date?

Mr. Deputy Speaker, Sir, Thursday is when we are meeting the National Lands Commission. I request for next week.

Next week on Tuesday or Thursday?

Make it Thursday, Mr. Deputy Speaker, Sir.

What do you have to say, Sen. Musila?

Much obliged, Mr. Deputy Speaker, Sir. I have no problem with Thursday, next week.

That will be 27th November, 2014. Do we have any more statements? Let us move on to the next Order.

Hon. Senators, I will proceed under Standing Order No.39 and reorganize the business as listed on the Order Paper. Reorganisation is as follows: I will defer Orders No.8, 9, 10, 11, 12, 13 and 14. We will proceed with Order No.15 The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof.) Lonyangapuo, you may proceed. You are moving the Bill, are you not?

Yes, Mr. Deputy Speaker, Sir.

You can move it from the Dispatch Table.

Mr. Deputy Speaker, Sir, I beg to move that the National Police Service (Amendment) Bill, (Senate Bill No.29 of 2014) be now read a Second Time. This Bill is on the National Police reservists who are captured in the original Act, in particular Section 110 of the National Police Service Act. The National Police Reservists, as currently constituted, in this section, it is written that the National Police Reservists (NPRs) are the people who are supposed to work and the criteria of identifying them is also identified. However, they are not supposed to be in the Kenya disciplined forces at the moment. Mr. Deputy Speaker, Sir, you will allow me to read a part of this Act before I move on. Section 110(3) of the National Police Service Act states:- “The Reserve may be deployed in Kenya to assist the Kenya Police Service or the Administration Police Service in their respective mandates including- (a) maintenance of law and order; (b) preservation of peace; (c) protection of life and property; 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 willing to step in the place of Sen. G. G. Kariuki and second this Bill, which is very timely, especially in view of what we, as a country, today are experiencing, particularly in the rural areas. Mr. Deputy Speaker, Sir, it is good that the Act now recognizes the role of the police service. Any country that has good security arrangements has such an arrangement of police reservists. So, it is not a peculiar thing to Kenya, but something that is practised worldwide. The need for enhancing the services of the KPRs in our country is ever more urgent now, in view of the fact that there is a recognized need for community policing. I believe that in the police reforms, the need for community policing is paramount. In the past, community policing was done by a force or institutions comprising of chiefs and their assistants. They were supported very strongly by the Acts representing the law then – the Chief’s Act, which has since been repealed – and the Administration Police which was earlier called “tribal police”. Mr. Deputy Speaker, Sir, Administration Police was operating in a manner as if it was a community police unit. It was the chiefs who identified young people who could be recruited. These people had knowledge of the terrain, the local language and culture and knew each and every person within the community. These are the people who worked 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, hon. Senators. I now propose the question.

Thank you Mr. Deputy Speaker, Sir. I rise to support this amendment. If you read the original Act – I am referring to Section 110 of the National Police Act – you will find it amazing that it recognizes the existence of police reservists. However, it does not recommend that they be recognized as members of the disciplined forces. Mr. Deputy Speaker, Sir, this brings us to the big question which I believe, considering the recent events in the country, is in the minds of all Kenyans. The big question is: How do you entrust a person with a firearm which has the capacity to take life but you do not accompany that capacity with ensuring that this person has got adequate capacity to make good decisions? You do not ensure that this person carrying a firearm has all his welfare issues taken care of and you do not engage him in a structured format that ensures close supervision. Mr. Deputy Speaker, Sir, I think some problems are self-inflicted. We cannot continue with this obtaining scenario. Anybody who is licensed by the Government to carry a firearm - and if the Government has accepted the existence of police reservists and given them firearms – then it is obligated to ensure that these people are adequately trained, their welfare issues are taken off and they are supervised closely so that we know who is owning which gun at what time and how many bullets have been supplied and used to ensure we sustain accountability. In this kind of scenario that we find ourselves in as a country, other questions also beg a lot of answers. For example, what is the age limit of people who qualify to be recruited as reservists? Who conducts their recruitment? How do we ensure regional and ethnic balance especially in cosmopolitan areas? Who does the follow up on their activities? What happens when these people die or get injured in the line of duty? Do they take care of themselves while they are executing a mandate given to them by the Government? But if they die or they are injured in the line of duty, they are left to cater for themselves. 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 Bill has come at an appropriate time. Those of us who come from cattle rustling prone areas value the work of reservists. In other words, we call them home-guards. In places where there are home-guards, incidents of cattle rustling have gone down. Therefore, I support the Bill so that these young people; the reservists, must be compensated, trained properly, well equipped and given the necessary tools to support them. The reservists know the terrain, the suffering that people undergo, the trend where cattle are moved from during the dry and the rainy seasons. They know everything and persevere a lot. I support what my colleagues have said that we have to do something about these young people because we appreciate their efforts.

It is time that the National Police Service recognised these young people and gave them the necessary support to perform their duties to the best of their ability. When I was a Member of Parliament (MP) for Samburu East, I sympathised with most of the reservists; some wore torn clothing and dressed as if they were poachers. This is because they borrowed one part of the uniform from the military, another from the police and the other one from the Kenya Wildlife Service (KWS). One finds it strange when he or she meets them because you would think they are bandits. On the other hand, if they are given proper training, discipline, uniform and a little compensation, I do not want to say full salary; this is because once this is done, all the Pokots, Samburus, Turkanas, Somalis and Boranas will come to be recruited as KPRs. Let us see how we can appreciate their efforts by recognising them, by giving them proper skills and education. With those kind words from Sen. (Prof.) Lonyangapuo about the reservists, I support him fully. This Bill must be fast tracked so that by early next year, reservists can get even a token. This is because they have done a lot of work; most of them have lost their lives in cattle rustling areas. Where I live in Nairobi, we have got reservists and when one or two incidents happen, one finds them on time even before the policemen arrive. They are faster than policemen. If we enhance their communication skills, a lot of these vices happening in our country will go down. 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, I thank you for allowing me to contribute to this Bill. I congratulate the distinguished Senator for West Pokot who has brought this Bill; first through a Motion, then the Bill which he prosecuted efficiently and ably before the Committee on National Security and Foreign Relations where Sen. G.G Kariuki, other Senators and I are Members. In this country, we have words or titles that are used interchangeably. Police reservists and home-guards in some places appear to mean the same thing, I stand guided. This Bill is important to the extent that it seeks to institutionalize, professionalize and put some level of command to the police reservists who hitherto have been operating in a very disjointed manner. This country is facing a lot of challenges at the security front. You can count literally everywhere where the policing authorities are probably not meeting the expectations of Kenyans, are totally overwhelmed or they do not have the facilities to do the job. How else would you explain, in the last two or three weeks, there have been more than ten incidences reported in the media of attacks on our armed security and even installations? How do you explain young Kenyans with machetes taking courage to raid military barracks? When we were growing up, everybody knew that a military barrack was a no-go zone. Young men with machetes not only wrecked and raided a military barracks but also killed one military officer and walked away. Look at the Kapedo issue. In fact, the police management must be held to account. How do you take young police recruits, hardly a year in the service, six months to be exact, and send them to a terrain that is difficult where you need the most experienced police officers to operate? How do you put them in a truck, ill equipped with no information and rudderless? They The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Temporary Speaker, Sir. I do not want to challenge my leader. However, as a matter of concern, he talked about “ ingoko” without “tea.” What is “ ingoko” in terms of parliamentary language? Is he in order to tell us things that we do not understand?

(Sen. (Dr.) Machage): You have already challenged him despite your language. Could you tell us what ingokho is?

Mr. Temporary Speaker, Sir, first, it is not called ingoko . It is known as ingokho . Ingokho means chicken. Even where English is the commonly used language, you can use a word in a different language even if you are writing and put it in quotes to explain it. I started by talking about chicken and then said ingokho . Ingokho is a delicacy among the Luhya community. Mr. Temporary Speaker, Sir, these days, when cattle rustlers go to rustle, this is not about an issue of a few young men going to steal a few cows to marry and pay dowry. It is big business. They come like an army, heavily armed, carrying dangerous weapons. If you go to Turkana, Pokot and Marsabit, you will find that while the police have G3s, the bandits move around with the AK-47s. These are more sophisticated weapons. As you saw in the incident of Mpeketoni and other areas, these fellows walk in, disarm the police and do what they want. Why are we looking for reservists to augment to the police? I believe that is the philosophy behind the Professor’s thinking. In the old days, people used to join the police to pursue a profession. People would finish school and could then join the tribal police, mainstream police, the GSU and so on. These days, the police profession has been hijacked by big people. When children are unable to go through school, they push them to the police. When children are not copping with life at home, they are pushed to join the police. When they are recruiting, corruption permeates the entire process so much. People are not joining the police for the purpose and passion to become policemen and police women. They are going there to earn a living and because it is a job. We have a demoralised police force today. You have seen policemen turning on each other and shooting each other. A police officer is recruited, posted to a difficult terrain and resigns even before he has moved on. That is why this Bill is very important. We have areas where we need proper police. You cannot keep law and order without 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, Sen. Mungai. Bow at the bar; that is the rule.

(Sen. Wetangula); Mr. Temporary Speaker, Sir, the Senator has been absent from this Senate; he has forgotten what is required in terms of rules.

(Sen. (Dr.) Machage): Order, Sen. Wetangula.

Mr. Temporary Speaker, Sir, detection of crime is very critical. In the previous arrangements – I hope that this Senate will pass this Bill and that it will go to the Lower House and be passed as well – nobody cares about the current reservists. Nobody rewards them and nobody says anything about them. They have no uniform; boots and the guns they carry are at times given to them by the Government. At times, they rely on bullets they pick from here and there. We must now standardise. A police reservist or home-guard recognised by law is as good as any other police officer. They must be given uniforms even if they are not going to be put on payroll as the Bill suggests. However, they must be given some form of allowances. There should be some maintenance of their weapons; some armoury of sorts. In fact, they should be reporting to the nearest police station in terms of protection, storage of their arms and equipment in terms of work. When you go to a village in Laikipia or elsewhere, pick reservists, give them guns and forget that they exist, some of them are tempted to think that they have been given the guns to earn a living. They turn the guns to communities and become the criminals that we are trying to fight. Why would anybody and his family go hungry when the Government has given him a gun, bullets but does not get paid? He may start thinking how he will use the gun to raid and carry out poaching once they realise that elephant tasks make a lot of money. They shoot the elephants, remove the tasks and sell among 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. The Senate Minority Leader has made a very important disclosure that some Members of Parliament mistreat their bodyguards. Since these proceedings are being covered live, members of the public may think that all Members of Parliament or Senators do this. Could he substantiate by stating who this Member of Parliament is that contributed to the death of a patriotic police officer serving the Republic of Kenya?

(Sen. (Dr.) Machage): In the context of his presentation, I see nothing that warranted that. But if you wish to do that, you can go ahead.

Mr. Temporary Speaker, Sir, let us leave it to lie there. He is a Member of the Lower House and not a Senator. He comes from western Kenya. That is the furthest that I can go. Sen. Boni can then go and find out which Member from western Kenya lost a bodyguard recently.

(Sen. (Dr.) Machage): But if Sen. Khalwale so wants, you can always move a substantive Motion.

Mr. Temporary Speaker, Sir, the point that I am making is that we must be caring. We must act as leaders even to our subordinates. Mr. Temporary Speaker, Sir, when we finish with this Bill, I hope that it will go to the National Assembly and be passed. I want to congratulate the Senate because we subject every Bill that we bring here to Article 110 (3) of the Constitution. When we finish, it will be sent dutifully to the National Assembly for consideration. I hope that they also see the point that we are making; that we must supplement and augment our security structures. Mr. Temporary Speaker, Sir, as I end, I want to give a word of caution to the Jubilee Government. The recent dalliance of using the military in internal issues does not augur well for any country. The Army is for the protection of the territorial integrity of our country, for the protection of the country and people of Kenya against external aggression and whenever they are called upon to go out on international mission to restore peace and security, under the United Nations (UN) and African Union (AU) auspices. When we start deploying our military freely, regularly and recklessly, as we have been doing of late, it is not good for the country. Those who have been misadvising the President - to clad him in military fatigues every other day and try to make him start thinking that he is a military officer – are doing a disservice to this country. It is wrong and dangerous. If they are hearing---

(Sen. (Dr.) Machage): Sen. Wetangula, who do you have in mind?

In terms of 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.

(Sen. (Dr.) Machage): Who are you referring to as wearing military uniforms?

Mr. Temporary Speaker, Sir, I called them military fatigues. I am sure that you have seen on television and in the newspapers our President wearing military fatigues.

(Sen. (Dr.) Machage): Okay. Now I know.

Mr. Temporary Speaker, Sir, that is why I was saying that those who are misadvising the President to regularly don military fatigues and make him start thinking that he is a military person, are sending him astray. He is a civilian President. He is the Commander-in-Chief of an army that is subordinated with civilian authority under the Constitution. That is something that any sensible Kenyan will offer free advice in this direction. I see some of my colleagues fidgeting.

On a point of order, Mr. Temporary Speaker, Sir. First and foremost, is the hon. Senator and friend of mine, in order to propose that the President has made any mistake whatsoever by wearing military fatigues, which he is entitled to, as Commander-in-Chief of the Kenya Defence Forces? Secondly, could he identify those who are fidgeting?

Mr. Temporary Speaker, Sir, we have a saying in my community that if there is a dog that steals, when you raise a stick, it starts crying before you bring it down. In fact, the Senators who were fidgeting were my distinguished friend from Nyeri and the distinguished nominated Senator from Nairobi, the former Member for Dagoreti.

On a point of order, Mr. Temporary Speaker, Sir. Is the hon. Senator in order to propose that I was fidgeting when, in fact, I was agitated and wanted to rise on a point of order?

Mr. Temporary Speaker, Sir, I am sorry to the Senator for understating what he was doing. I thought that he was fidgeting, but he says that he was agitated, which is an aggravated form of fidgeting. Mr. Temporary Speaker, Sir, we saw the late President Kenyatta once in a long while wear a ceremonial military dress.

(Sen. (Dr.) Machage): I will caution you, Sen. Wetangula. If you must discuss the person of the President, then come up with a substantive Motion.

Mr. Temporary Speaker, Sir, I am not discussing the person of the President. I am just giving an example. Former President Moi once or twice wore ceremonial military dresses. But the frequency that we are seeing today is not good. I want to end it there. In my community, we have a saying that the hyena told a stone: “Even if you do not answer me, you have heard me.” We want to see our military playing the role assigned to them by the Constitution. 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): Who is temporary three? Yes, Sen. Karaba.

Mr. Temporary Speaker, Sir, thank you for allowing me to support this Bill authored by my friend John from West Pokot County. It is coming at a time when Kenya is crying and everybody is wondering about insecurity in the country. This is a time when everybody would wish to be protected by the Government. Going by what is happening now, the situation is such that people are crying for help and they want peace. This affects areas bordering Uganda, South Sudan, Ethiopia, Somalia and along the coast region. We need to be careful about this issue as we discuss it. We need to be very pertinent as we debate this Bill because it talks about an issue which is close to our hearts. Every time we hear of people dying, shot or kidnapped, but no explanation is forthcoming. I am saying this as I remember Kirinyaga County where there were rampant kidnappings weekly, but the police could not arrest the culprits. To date, some of the victims have never been found. We are aware that the police are supposed to protect us. However, going by the kind of weapons they have, there is nothing much they can do. Some of their weapon cannot parallel those owned by gangsters. It goes without saying that the competition between armed police and criminal gangs is so immense that sometimes the police cannot match the kind of machinery owned by criminals. Therefore, we need to have this Bill passed. 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 allowing me to contribute to this very important Bill. I want to thank Sen. (Prof.) Lonyangapuo for proposing this Bill. The Bill is long overdue because the plight of reservists has not been addressed for a long time with regard to recruitment procedures and remuneration. From the outset, this Bill is a necessity. The Bill is not there because we want to recruit people, standardise their recruitment or give them good remuneration. It is a necessity because the UN estimates the police ratio to the population as one to 1,000 people. Therefore, there is a serious gap in terms of strength in this country. The principal Act envisaged people serving as the KPRs on voluntary basis. In my own understanding, serving on voluntary basis can only be done on a short term. This can only be done when you have an alternative to secure your livelihood. It is important that we develop a mechanism to ensure reliability in terms of remuneration, career progression and merit within the KPRs. The amendments that are proposed will definitely help us sort out the mess that we have had. The hierarchy in the police, up to the Commission level has completely ignored the plight of the KPRs. Mr. Temporary Speaker, Sir, colleagues who spoke before me spoke very eloquently about the poor remuneration of these people because the principle Act said that they could be deployed on a short term basis when needed and could be paid a certain amount of allowance that is only determined by the Commission. It was not very clear. Therefore, it is imperative that we are sure of how much we want to pay these people on monthly basis. I listened to Sen. Karaba equating people from other regions to the Friesian cow that cannot live in the high humid areas. I wonder what Kenyans who do not come from the far flung difficult areas like Turkana, Kuria, Pokot, Wajir, Garissa, Mandera would be doing there. They would rather come back so that we recruit sufficient personnel if not in the regular and administration police, but a sufficient number of police reservists who can withstand the difficult terrain because they are ready to do that. I think there has been a serious imbalance. I am a Member of the Committee on Equal Opportunities. We questioned the Inspector-General of Police and his team when we were trying to look at the ethnic balance in the police service. This is very important because you do not need to recruit people who will not help you out later on. I have no problem with recruiting Kenyans in general, but we should recruit a sufficient number of people that can guarantee the security of people based on ethnic balance and merit. There was even a Senator who said that those were good warriors. I am happy to hear that because they are not good warriors causing insecurity, but good warriors in the enhancement of security in the country. Mr. Temporary Speaker, Sir, the KPRs will be very instrumental because we have serious and emerging challenges in this country from terrorism to minor acts burglary. We have serious problems, not only in ASAL areas, but even in urban areas, including Nairobi, Mombasa and Lamu. All these areas can be secured if we recruit a sufficient number of police reservists, not on voluntary basis, but on full term employment with a clear vetting procedure with regard to their conduct, career progression through a standardized recruitment procedure of the KPRs. 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 congratulating Sen. (Prof.) Lonyangapuo for the passion that he has for security both within his county and in the country as a whole. He has thought through by bringing the National Police Service (Amendment) Bill in order to be more relevant more targeted and to use a workforce that is already there, that can be harnessed and improved to ensure that security becomes something that we begin to experience rather than something that we talk about. In Kenya, the average number of police officers is about 70,000 to a population of about 40 million. That translates to about one police man to about 571 people. That is not a very good ratio given the sparse population distribution that we have across the various counties. This makes it very difficult for each of the security measures to be put into place. Considering that of late we have really had a challenge on security matters. We are moving further and further away from the premise that you can actually walk across a street peacefully and not be harassed or attacked. It is even more dangerous for women given the latest events that are taking place. Ladies can no longer walk within their country freely unaware of when they will be harassed. 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, from the outset, I rise to support this Bill and congratulate Sen. (Prof.) Lonyangapuo for introducing it in a very timely manner. If you read a little bit about volunteerism and the whole aspect of reservism, you will find that police reserves actually came to being before the paid police as we understand them today. If you consider that we borrowed this concept from the British after their colonization, you will find that long before we had proper police in the 19th Century, the country was served by volunteer police. Originally they were called “Manor police” because they were appointed by the Lords and were guarding the manors in Britain. The reason I am drawing that background is that there has always been globally for reservist police. If you look at the history of reserves, you will see many countries which embraced reserve police and they come in different forms. Some of them are pure civilians, others are semi-police and others work part time or full time. Let us think about one of the countries that do not have an army like Switzerland. This country does not have an army. The entire Swiss army are people who serve in different professions. People who serve in Swiss Air are actually in the Swiss Air force. People who drive trucks there, are actually in the Tank Battalion of the Swiss Army. Therefore, integrating people who do normal civilian work with those who serve to defend is not a new concept. In fact, it is something that we should have thought about a long time ago. Mr. Temporary Speaker, Sir, in the Ninth Parliament we were trying to get people who guard us at night, that is, watchmen or guards, to be trained and given guns so that they can be part of our security apparatus. Even though that did not work at that time, time has come for that to happen. I am glad that in this Bill, the Mover proposes that Kenyans who are going to serve in this would have attained the age of 18 years and volunteer for services and are enrolled reserve police officers. More importantly, is the fact that they can come from all walks of life and do not have to be in any particular profession. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

Mr. Temporary Speaker, Sir, I beg to support.

Thank you, Mr. Temporary Speaker, Sir. I rise to support this Bill mainly because over and above the reasons that Sen. (Prof.) Lonyangapuo has justified, I am also persuaded that this is a Motion that will go a long way in boosting the insecurity in our villages, counties and our country in general. If we are candid enough to accept the reality, the fact is that lack of security has killed the economy of this country. For instance, everywhere you go, the tourism industry which was the number one foreign exchange earner has been killed by insecurity. I will not repeat myself in what is happening in Five Star, Four Star and other hotels at the Coast region as evidenced by what Sen. Wetangula said. These are enough reasons for us to support Senators and Members of the National Assembly who have progressive thinking towards improving our security situation in this country. Our economy has died. Agriculture is a major player. However, today, if you go to the critical areas of sugar industry, you will find that insecurity has caused it to collapse. What am I talking about? Police officers who man the border points look the other way when contraband sugar is imported into the country at the expense of the local produce. As if that is not enough, lack of security in this country is wiping out the population of our elephants because we do not have sufficient policy to ensure that poachers and criminals are contained. Our economy has collapsed because of insecurity due to terrorism. We all know that in all border points, we have the Kenya Anti Terrorism Police Unit officers. However, maybe the design of that unit should be changed. For example, if you go to Mandera or Garissa, you should have KPRs who come from the local community working alongside with the regular police together with the anti-terrorist police units. Those are the people who can pick out youth who are participating in AlShabaab who purport to come from the Kenya Somali side when they are non-Somalis. The issue of policing in places like the US, Great Britain and other areas where it has been successful - I am reminded of a few weeks ago when I was in London - you will not see the military in the streets of London. In fact, you see very few police officers. Why is this? This is because they have succeeded in marrying policing with police intelligence. Therefore, you may have two police officers plying along a street of two kilometres. However, as long as there is sufficient intelligence, through communication, these two officers are adequately prepared when crime is about to take place. It is for this reason that I support this Bill because it is attempting to amend sub section 7 of the National Police Service Act that provides that after someone has joined the KPR, he can be trained. Mr. Temporary Speaker, Sir, we want that training not just to be limited on how to keep and use a firearm, but also, in fact, principally to improve the aspect of intelligence gathering by KPRs. I want to vehemently disagree with the distinguished 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.

No!

What is he waiting for? We were expecting that the Cabinet Secretary, Mr. Chirchir would have resigned. How some of us who fought Moi, today with nostalgia miss the 1.00 p.m. news. At least Moi would have sacked those two much as we fought him. We are demanding that the Government must join the international community in bringing the menace of international drug networks to an end. Mr. Temporary Speaker, Sir, let me speak to the issue of Article 238. Article 238 of the Constitution says that the national security is the protection against internal threats to Kenyans and their sovereignty; its people and their rights. Are rights of Kenyans being 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 have heard Sen. (Dr.) Khalwale say severally that the Jubilee Coalition Government has failed and should, therefore, allow somebody to take over the governance of the Republic of Kenya. Would I be in order to suggest that an alternative Government that solves all problems via whips and kicks for their leadership cannot possibly be able to take over our Government?

(Sen. (Dr.) Machage): What is really out of order?

Mr. Temporary Speaker, Sir, would I be in order to propose that an alternative Government that beats its Chairman and its leadership; where the only way they resolve a single problem by kicks and blows is not capable of forming a Government?

(Sen. (Dr.) Machage): You are out of order! It is only until the next general elections.

On a point of order, Mr. Temporary Speaker, Sir. I think I will be in order to inform Sen. Kagwe that the whipping of my leader was actually organized by the same Government that he is defending.

Order! Proceed, Sen. (Dr.) Khalwale.

Mr. Temporary Speaker, Sir, I want to tell Sen. Kagwe that they should go ahead and underrate us, but things change and change is coming. This Government in waiting is the Government that you will serve under as a Member of the Opposition. Things are going to change. There was a time Moi never imagined that we could remove him. The issue of militarization of the State as evidenced by among others, the perpetual wearing of military fatigue as postulated by Sen. Wetangula; as evidenced by the knee jerk deployment of the military. In incidences where you need to deploy, at the very best the General Service Unit (GSU) officers, should not be allowed because the Government did it for the first time lawfully. However, subsequent deployments have been against the provisions of this Constitution. Mr. Temporary Speaker, Sir, I do not know whether the Jubilee Government is waiting for us to move a Motion of Impeachment in this House to impeach---

(Sen. (Dr.) Machage): Order! Please, proceed Sen. Kajwang. 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 support.

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

Thank you, Mr. Temporary Speaker, Sir. I thank Sen. (Prof.) Lonyangapuo for this Bill. It is a Bill that we have been waiting for, for a long time. It is good that the violence, probably, happening in his own county has made him think that we have to do something very drastic to change the way we police our country. One time, I was invited by the former Prime Minister to accompany him and the then Minister for Water and Irrigation, Hon. Ngilu, to Turkana. When we landed on the shores of Lake Turkana, we found that the Ethiopians – many of them militia – had raided the Turkanas of that area and killed more than 23 Kenyans. The police post which was supposed to protect this area had only five police officers. When we visited the post, they told us that the raiders came in their hundreds and there was no way they could fight. In fact, they ended up giving them food and water because they were overwhelmed. The only government there is the Catholic Church. They are the ones who buried the dead after praying for them, accompanied us to the police post and the ones who could provide intelligence about the security situation in that area. In fact, they could go across to the other side and talk to the militia on the other side so that there would be peace. Mr. Temporary Speaker, Sir, outside the Catholic Church, we found a group of young people sitting on their traditional stools with their guns. They were the community police officers, what we now call in this Bill, the reservists. They told us that if there was communication, they would have protected the community. However, there was no communication and enough equipment. Even though they had guns, they had very little “software”; that is, the bullets. They were operating as volunteers outside the systems of Government. The Government did not regard them much, yet when push came to shove, they were the ones who could protect our frontier against these ruthless people. We, as a Government, went to Ethiopia to complain about this. I was one of the Ministers who went there. They told us: “You know, we are not aware, those southern communities are primitive. Ethiopia is a big country and sometimes they do these things without our knowledge”. However, later on, we got intelligence information that actually the Ethiopian Government provides equipment to this militia to protect their villages. What I am trying to say is that, our country is not properly organised in terms of security. At one time, we had the tribal police before we, later on, changed them to the Administration Police (AP). They were stationed at chiefs’ camps, living with the people, knew everybody and contained crime at the grassroots level. Mr. Temporary Speaker, Sir, when we were working on the new Constitution, we actually pushed very hard for the AP to be attached to the devolved governments, so that their operations would be managed by the devolved governments. They would remain in the villages where they understand the language, culture and terrain of that area. But people in Jubilee refused and said that this arm of the police would remain as a police force. Now we have two commanders; one commanding the Administration Police and other the Regular Police; both answerable to the Inspector General. This is not helpful 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. Would I be in order to request that the Senator explains what exactly kumi kumi is in the context that he is contributing? Is he in order to use the word “kumi kumi ” without explaining exactly what it is?

(Sen. (Dr.) Machage: If I heard him well, he did not know what it means. So, what do you expect him to explain?

Thank you, Mr. Temporary Speaker, Sir. I am not quite aware, but I hear that under “ kumi kumi” ten people are organized by Government. That kind of thing without being anchored in any law is useless. That is why we need to marry the devolution structure with the national structure, especially in security, so that the village head who will be heading this government, with his small government or baraza of responsible older men and women, probably, even nominated by their own small villagers, sit there to look at all the small matters in the village. They will look into security matters, visitors who came in and they do not know where they came from, people who do not have identity cards, marry without paying dowry, mess up the village or take other people’s wives and cause chaos. They could deal with those small things in the village and bring a lot of harmony. That is why Tanzania is safer than Kenya. Look at all the communist countries which became socialists, including Ethiopia. Although they threw away communism, they retained something very critical; the organization of government up to the village level. The reason Somalis do not attack Ethiopia is because every village has a government. It does not cost a lot of money, most of it is volunteer, only that you make sure that there is some security, that some people The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I support.

Mr. Temporary Speaker, Sir, I want to start by congratulating the Mover of this Motion, Sen. (Prof.) Lonyangapuo, noting that he has come a long with it. He started with a Motion that was supported by the majority of the Senators and he has gone ahead to take action by putting it in legislation so that we are able to come up with a legal framework of the engagement of the KPRs. Mr. Temporary Speaker, Sir, we have said here over and over again, but it still remains a thorn in the flesh in this country. We have not tackled it and we are making blunders everyday regarding security. As I speak, when you look at how easily we are sliding into anarchy, there is a lady who is admitted in Mama Lucy Hospital in Eastlands having been stripped and thoroughly beaten in Kayole Estate last night. If you look at the information going round in social media, it is really discouraging to see that we are now attacking not just the physical, but also the dignity of people. When you strip a woman naked, you are not just stripping her of her clothes, but of her dignity. I watched a video in Odeon of a woman who is the age of my mother being stripped by very young boys. It is unheard of in an African culture. It is unfortunate that these acts of criminality have been reduced to discussing what women are wearing. We want to cover the real issue of the criminal nature of how these things have happened and hide behind how far my dress should reach and how far I should cover my hair. As a country, this not only affects one side of the divide, but it is an issue of community. These issues are happening right below the noses of our officers and right below the noses of our intelligence. It is unacceptable. It is not acceptable that your daughter cannot walk on the streets wearing a pair of jeans, like it happened in Mombasa. It is despicable. The lady who was stripped in Mombasa, people were actually putting fingers in her private parts. It is shameful. As a country, if we cannot be assured of our own security, then I do not know what we are supposed to do. These are just a few instances that have come to the fore. I know it has been happening and it is continuing to happen. We are seeing the police, the intelligence service, the Criminal Investigation Department (CID), the Director of Public Prosecution (DPP) all silent and instead asking who the complainant is in such a casual manner. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of information, Mr. Temporary Speaker, Sir.

(Sen. (Dr.) Machage): whom do you want to inform?

Sen. Wangari.

(Sen. (Dr.) Machage): Do you want to be informed?

Yes, I want to be informed.

I want to inform the Senator that the people we are recruiting in the NIS are children of very top people. This has become like the Public Service Commission (PSC). This is now a recruitment bureau which no longer brings people who will add value, but people who will be employed to enjoy the perks that they will be given.

Mr. Temporary Speaker, Sir, the Senator has brought me to my next point. I thank him for that information. We used to hear – those of us who were not there – that there are people who could sit in classrooms in universities gathering intelligence information for the Government. In terms of delivering in what they were doing and being efficient, they were successful. This may not have been positive, but they used to get information. Therefore, we have lost track on the NIS. If we had not, we would not put the KDF in Lamu or Pokot. We would have known these things. We must also be careful on how we train these people in terms of basic disaster management. One thing we know about reservists is that they are placed where they know best. They should know the geography of an area and where to go when something goes wrong. They should know when something bad is being planned. They should also have some basic training in terms of disaster management so that when there is no network in Kapedo or Baragoi where they cannot reach any communication, they can assist the situation owing to their training. We also have to make sure that the KPRs have the physical training to be resistant enough to the attacks that are taking place every other day. Most importantly, the vetting bit is very critical. A few months ago, I read something regarding Mandera where a police reservist had shot a 13 year old boy by mistake. The vetting must be very through so that we get the right people for the KPRs so that we do not end up with thugs or with people who may infiltrate our systems to know what we are doing. These are people who have better intelligence gathering. How would we recover from that? We would start to react and fire fight every time. That way, it will ensure that we have the right people. There is, of course, the issue of protection of the identity; the framework where their 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 rise to support this Amendment Bill. After reading it carefully, I think that Sen. (Prof.) Lonyangapuo has done it very intelligently. It is a very well crafted Amendment Bill so that it complies. Somebody is whispering to me that he is a very intelligent professor and I agree. We cannot talk about this country in the same sentence with the word security. We have had so much insecurity in the recent past than we have ever had since Independence. Sometimes you wonder whether you will wake up and find gangsters just running around town like Al Capone . Therefore, in my contribution that is why I said that Sen. (Prof.) Lonyangapuo was more intelligent in the amendment to Section 110. We have seen in the past that these reservists who are just volunteers have turned into what the Senate Minority Leader calls kamikazes; people who are just loose cannons. Shoot to kill, shoot from the hip, operate with arms, nobody knows what they do, they report to nobody, except God. They shoot whoever they want and disappear somewhere into oblivion without any responsibility. The idea of the amendment, therefore, to Section 110 to include the proposal that these people will no longer be volunteers, that they will be vetted and enrolled in the police service is a clear attempt to ensure that they will not be operating loosely. They have been operating loosely, using weapons reckless, wearing long shirts, untucked and sagging jeans. We want them to be responsible under the National Police Commission (NPC). They would then fall under the rules and conditions that every other police officer as defined under this Act, then is supposed to. Therefore, failure to which they become subject again to the disciplinary processes that are under the Act to that extent. That is why I said that this amendment is very intelligent because the ambiguity that our Parliament left in Section 110 has created abuse to the extent that these 18 year olds who have guns have been operating loosely. I have an example; a son of one of our senators, Sen. Yusuf Haji, was given a high commendation for the work that he did at the Westgate Mall. Just imagine that the gentleman was trained in the manner that is proposed in the amendment to Section 110(1). He would have done much better. 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): Hon. Senator, it is also your responsibility if you think that there is a part to be amended, for you to bring the amendment at the Third Reading Stage. 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, I will propose that the word “gifts” be deleted because it leaves room for manipulation by the people who we are trying to tackle. Those are the gangsters who operate in this country as if they own the air, the space and everything else that is below it. The proposal to amend Section 110(7) is in conformity with the proposed amendments in order to ensure that the people who are recruited are trained. Here, the professor has proposed in mandatory terms that the persons who are now police reservists should be trained as a mandatory requirement. I support the proposals because it would be a great injustice to the people who are already existing in the service not to be trained, but then continue benefiting by receiving uniforms, weapons and then operating endlessly and without area of jurisdiction. Therefore, the training must be mandatory so that they conform to the persons who would then join the force, be seconded or enrolled as reserved police officers of the NPC. Therefore, the proposal to ensure that these people are trained, wherever they are, report and become part and parcel of the reserved police and are responsible to the NPC. This is in conformity with what we are talking about in terms of security. Sen. (Prof) Lonyangapuo has made a similar amendment which I disagreed with. He had proposed that village elders be incorporated as members of the national Government for purposes of security. I had objections to that proposal because it goes against this sort of mechanism. Those village elders have nobody to report to, they are collecting money and you do not know what they are doing and some are not trained. In objecting to the proposal made by Sen. (Prof.) Lonyangapuo in the National Government Coordination Act, therefore, this would serve as an answer to the questions that we are asking. That it is far much better to have a more structured method like this one where people report to a commission, receive allowances, they are trained and receive uniforms and account for them. Currently, we have police reservists who do not know whether they actually report to anybody and whether we know the ammunitions they carry. If you remember, one of the things that the Waki Commission was grappling with was the fact that we could not match the weapons that were in our armories during that time in Rift Valley with the ammunitions and all those things that were found in Kisumu and other areas where there was post election violence. Why? This is because there are too many of these weapons that are not registered and are in loose hands of people like these ones. Therefore, I am in support of this amendment. One of the methods of ensuring that we do not go back to what the Waki Commission proposed in terms of register of firearms, is to ensure that it is done in the manner that is proposed by Sen. (Prof.) Lonyangapuo in this amendment. Mr. Speaker, Sir, in terms of resources and in terms of money, we now have made, it is mandatory for the National Assembly, in this proposal, to ensure that there is enough funding for this particular purpose. Let me say this very well and clearly: We treat our police officers in such careless manner that sometimes I wonder why we trust them with our lives. When we go to sleep in our nice six-by-six beds, we do not ask ourselves, “Where do these people sleep?” Do you know where your bodyguards sleep? They sleep in something called uni-huts. Five families in a uni-hut is a shame. 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 to contribute to this Bill. This Bill could not have come at a better time. The Professor has apparently felt the pain of his people dying. It is shameful that at this hour, people in Kenya continue killing one another because of issues that can be sorted out. As we talk about the KPRs recruits, I do not agree that someone can be given a gun as a reservist without being trained. There is a difference between a gun and an arrow or spear. For someone that is not trained to be given a gun is in itself suicidal. Therefore, I do not believe that the Government would have allowed someone who is not trained to be given a gun. The issue of controlling and retraining the reservists is due to the reality that there is more sophistication in the weaponry and methods that are being used by bandits who steal livestock and kill people. Therefore, this particular Bill by Sen. (Prof.) Lonyangapuo is timely.

(Sen. (Dr.) Machage): Order! You will have 13 minutes tomorrow.

(Sen. (Dr.) Machage): Hon. Senators, it is now time for interruption of the business of the House. The House, therefore, stands adjourned until tomorrow, Wednesday 19th 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.