Hon. Senators, I have a communication to make. Hon. Senators, it is with a very heavy heart that I rise to issue this communication to inform you of the untimely demise of our colleague, the Senator for Homa Bay County, Sen. Gerald Otieno Kajwang. Most of you by now are privy to the news of the passing on of the Hon. Senator. Sen. Kajwang passed on last night at around 11.30 p.m. at The Mater Hospital in Nairobi where he was rushed for treatment by family members after complaining of breathing problems and chest pains at his Nairobi home. Sen. Kajwang was born on 2nd July 1956 in Waondo Village in Mbita, Homa Bay County. He went to Waondo Primary School, Mbita High School and Maseno School, before joining the University of Nairobi and later Makerere University where he graduated with a degree in law in 1982. He was admitted as an advocate of the High Court of Kenya in March 1984, after which he started private legal practice. Hon. Senators, the late Sen. Kajwang was first elected to Parliament in December 1997 to represent Mbita Constituency. During his first term as a Member of Parliament (MP), the late Kajwang served as the Chairperson of the Departmental Committee on the Administration of Justice and Legal Affairs, Member of the Liaison Committee and Member of the Standing Orders Committee. The late Kajwang was re-elected to represent Mbita Constituency in the Ninth Parliament of 2003 to 2007. During this term, he was a Member of the Public Investments Committee (PIC) and the Standing Orders Committee. In the Tenth Parliament of 2008 to 2013, the late Kajwang, who had been re-elected for a third term, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, as I stand here, I am yet to come to terms with the reality that our friend and colleague, Sen. Gerald Otieno Kajwang, is no longer with us. Yesterday, a few minutes to 4.00 p.m., I walked to the Chamber. I had consultations with the Clerk and I discovered that the Statute Law (Miscellaneous Amendments) Bill was one of the Bills that had been placed for possible debate yesterday. I was to move that Bill. Before that Bill was the National Police Service (Amendment) Bill, 2014. The Clerk told me: “We do not know how long the National Police Service (Amendment) Bill will take. In case you are ready, prepare. Once we are through with this Bill, you can move the Statute Law (Miscellaneous Amendments) Bill. I decided to go back to my office so that I could have some quiet time to go through the Statute Law (Miscellaneous Amendments) Bill and prepare my notes for moving it in the event that the National Police Service (Amendment) Bill would be concluded. Before I left I decided to do what I normally do, and many of us do in this House and it is a good tradition, I decided to cross the Floor and greet a few of our colleagues on the Minority side before I leave the Chamber. I remember I greeted two Senators, I think Sen. Obure and another Senator. The third Senator was Sen. Otieno Kajwang. Surprisingly, he insisted that I sit down and we had a chat at the back for a few minutes. What surprised me, yesterday, Gerald Otieno Kajwang was a very lively person. He was normally jovial, but yesterday, there was some extra ordinary joy. We sat there and talked about many things including politics. We joked. I remember him asking about 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.

Senate Minority Leader, Sen. Moses Wetangula.

Thank you, Mr. Deputy Speaker, Sir. Equally, I stand here with a very heavy heart. Allow me, before I speak, I know you, probably as the Speaker, will acknowledge the presence of my colleagues in the gallery. I welcome the presence of the former Prime Minister, Raila Odinga, former Vice President, Kalonzo Musyoka and the Governor of Mombasa County, Hassan Joho.

I was having lunch with them. They learnt that the Senate, as the House where our departed brother served with diligence, was dedicating this afternoon to eulogise him. They found it befitting to come and listen to us. We welcome them heartily.

There is also a Member of Parliament.

Yes, there is also the Member of Parliament for Kasipul Kabondo. He is welcome too.

Yesterday was a normal day in this Senate. The distinguished Senator for West Pokot County moved a Bill concerning police reforms and security. He did it with great eloquence and passion, like he has always done. The Bill attracted support from both sides of the House. Members made very valuable and positive contributions. For Members who normally sit in this House for long hours, like me, you noticed that Gerald Otieno Kajwang, our distinguished departed brother, spoke like he has never done before when he was given an opportunity. He spoke with clarity, passion and with patriotism, decrying the state of insecurity in the country and whole heartedly supporting the incorporating of police reservists, not only in ASAL areas, but all over the country to augment the efforts of the security agencies in protecting the lives and property of Kenyans. Mr. Deputy Speaker, Sir, before he spoke he called me and told me that there is a section of the law he wanted to confirm. He said, “You are good at this, can you check it for me, my leader?” So, I instructed Sen. Judy Sijeny to look for the law and we gave it to him. When he finished, I went and sat with him briefly. He was in a very good mood. He talked to me about a few things concerning issues in the country. I came back to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, I wish to interrupt the debate briefly to acknowledge the presence in our midst on the Speaker’s Row of three leaders in this country:- The Right Hon. Raila Amolo Odinga, the former Prime Minister of this country, His Excellency Kalonzo Musyoka, former Vice President of the country, Gov. Hassan Joho of Mombasa County, Hon. Osele, Member of National Assembly for Kasipul-Kabondo Constituency and hon. Commissioner in the Parliamentary Service, Commissioner Lornah Mumelo. 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. So, that we can have many Senators making their contribution, we limit the debate to five minutes per Senator because I know each and every Member wants to say something on our departed colleague.

Sen. Khaniri, I apologise. May I request you to recap what you have said?

Mr. Deputy Speaker, Sir, I am making a request to the Chair so that we can have many Members to contribute, we limit the time allocated to each Member to five minutes because I know each and every Member would want to say something about our departed colleague.

That is a timely request, but let me say that there are lots and lots of requests for the Floor. It is important to let you know that from the outset. Therefore, I am having problems knowing whether you want to intervene as a point of order or contribute because the screen is full. I watched the situation and I will give a direction on that issue very soon. I had called Sen. Murungi to give his eulogy, but with his indulgence, may I ask Sen. Orengo, who has to attend to some very urgent matters concerning this issue, to take the Floor and give his eulogy. He will be followed by Sen. Murungi. Sen. Orengo, you have the Floor.

Thank you, Mr. Deputy Speaker, Sir for giving me an opportunity to pass my sincere and heartfelt condolences to the family of our friend and colleague, the late Senator for Homa Bay, Sen. Otieno Kajwang. I learnt about the death of the late Sen. Kajwang about 1.00 a.m last night and could not sleep. I kept on seeing Sen. Kajwang almost throughout the night. I remembered my talks with him. 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. Now, Hon. Senators, I have about 24 requests and more requests are coming. If you give 24 requests 10 minutes each that is four hours. That will take us to 8.30 p.m. There has been no Motion of extension of time. If we give each of you five minutes, we will be able to finish at 6.30. p.m. and possibly give everybody a chance. We are not going to go to a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senator! Talk for yourself.

Mr. Deputy Speaker, Sir, I am speaking for myself. When Sen. Kajwang spoke, you felt like as the Chair you would want to take notes. When I moved my Motion, in terms of transfer of education, infrastructure, secondary and primary school level to the counties, he strongly contributed to the Motion. He came to me and we had a very good discussion a few weeks ago, where we agreed that I was going to convert that Motion into a Bill. He was going to assist me, we were yet to agree whether we The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante, Bw. Naibu Spika. Nataka kuchukua nafasi hii ya kipekee kutoa rambirambi zangu kibinafsi, familia yangu na watu wa Taita Taveta Kaunti, kwa familia, ndugu na marafiki wa Seneta aliyetuacha, Sen. Kajwang. Kufikia jana tulikuwa na Sen. Kajwang. Tulikutana naye katika lifti ya Kenyatta International Convention Centre (KICC) na tukazungumza. Alikuwa mcheshi kama kawaida na kwa utani akaniuliza, “Mbona ndugu yangu siku hizi umekuwa fiti umepunguza mwili”? Nikamwambia “Ninaenda gym, na wewe pia kitambi kimezidi ninataka ujiunge na mimi ili twende kwa mazoezi pamoja.” Sikujua ya kwamba utani ule sitaupata tena. Sen. Kajwang sasa ametuacha. Pia nataka kuchukua nafasi hii ya kipekee kusema kwamba nilipoingia katika siasa, na hasa chama cha ODM, mmoja wa wale tulifanya kampeini na kutembea pamoja ni Sen. Kajwang. Yeye alikuwa wa kwanza kuzungumza katika mikutano yetu yote ya kisiasa. Aliweza kushangiliwa sana na wananchi alipozungumza. Yeye alituonyesha njia ya kisiasa. Katika Seneti hii, Sen. Kajwang alikuwa mmoja wa wale Maseneta walio na ujuzi wa kuzungumza, kutafakari na kutoa maelezo yake katika ufasaha. Hata katika hali yake ya kuzungumza na kutoa mada, hakuna Seneta mwingine katika Bunge hili aliyekuwa maarufu na waandishi wa habari kama yeye. Kila alipotoa Hoja, ilinakiliwa na ikatolewa katika hali ambayo hakuna Seneta alipata nafasi kama ile. Kwa kweli, tunaweza kusema kwamba alikuwa anaelewa lugha ya Kiingereza. Maneno yake yalikuwa ya kuvutia, si tu kwa waandishi wa habari mbali wananchi wote kwa jumla. Mimi nilikuwa na uhusiano wa karibu sana na Sen. Kajwang. Kati ya Maseneta 67 walioko hapa, Sen. Kajwang alikuwa ni mmoja wakiwa na Prime Minister katika Bunge la Kumi waliokuja katika kijiji changu; pahali nimezaliwa kule Taita Taveta. Niliposikia kwamba ametuacha, watu wengi walipiga simu kutoka nyumbani ili wajue ukweli. Na kwa niaba yao, ningependa kutoa rambi rambi zangu kwa mke wake, watoto wake na watu wa Homa Bay na Kenya nzima kwa kumpoteza shujaa wa kisiasa. 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. As my colleagues have mentioned, I also want to pass my condolences to the family of our late brother, Sen. Kajwang. We have lost a leader who was able to cover the gap whenever an issue arose. Yesterday, I remember very vividly at such a time when we were seated here and Sen. Kajwang sat in the Chamber nearly the whole afternoon. He called me after I had just moved my Bill and was very touched because he had been following very closely what is taking place in Baringo County, particularly the operation taking place in Tiaty sub-county. I want to quote what he said here to underscore that this is a real man that we have lost. He was a man that was able to stand with the people when others abandon you. I have a copy of the HANSARD report here with me. This is what he said in the second last paragraph:- “Mr. Temporary Speaker, Sir, before my time runs out, I want to say this: Please, if the Executive listens to us, remove the army from Pokot country. This is not good for this country, for the community and even in the long run, for our country Kenya, that every time we have a problem, we use the army. It brutalizes a community. In fact, it impoverishes them and destroys their economy. I saw that somebody ordered the killing of cattle. The cattle were shot not by a bomb. If it was a bomb, we would have said that it landed there wrongly. But these were our own army officers shooting cattle. That is to destroy an economy. I understand that the commanding officer comes from a neighbouring community. I understand that the commanding officer is from a community called Njemps; a small community, a Samburu sub-tribe. In fact, some cattle have been seen in his compound. I do not know why he should take other people’s cattle and keep them in his compound where he is commanding an operation. This kind of a person should be taken to jail”. These are the words of Sen. Kajwang and I do not want to proceed from there. I do not know where he got some detailed evidence which he showed me, plus 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.

Asante, Bw. Naibu Spika. Sen. Kajwang akiwa Seneta wa Homa Bay, nami nikiwa Seneta wa kaunti jirani ya Migori - Nyanza Kusini ni Homa Bay na Migori. Jirani humchagui; ni wa lazima. Unaweza kuchagua rafiki. Nyanza Kusini, tumempoteza kiongozi mashuhuri. Tumempoteza mmoja wetu. Kilio kingemleta. Lakini basi ni hivyo, ni kudura ya Mungu. Jana nikiwa kwenye Kiti cha Spika nimeisikiza hotuba ya Kajwang baada ya kukazana kupata muda kutoka kwangu. Kwanza alikuwa na kadi ambayo haikuwa yake na nikamuuliza Temporary Three ni nani? Akasimama na kutaka kuanza kuongea na nikamkatisha. Ulipofika muda nikamuita Sen. (Dr.) Khalwale kuongea kabla yake, niliona amekasirika kwa sababu alikuwa anataka kuongea. Punde si punde, Sen. (Dr.) Khalwale alipomaliza kuzungumza sikufuata desturi ya kusema kuwa mmoja akiongea upande huu, nafasi inapewa upande ule mwingine. Nilipoona kuna jambo linalomsumbua, nilimpa nafasi. Kwa hivyo, nilipeana nafasi mbili upande huu kwa muda huo. Sen. Kajwang akaanza kuongea mambo mengi ya ajabu niliyoyasikiliza nikiwa Spika wa Muda. Ambalo sikufahamu ni kwamba ilikuwa hotuba yake ya mwisho niliyokuwa nikisikiliza. Bw. Naibu Spika, hata hivyo, alikuwa mtu wa ajabu na mwenye heshima. Sen. Kajwang ni rika yangu; usione nywele nyeupe--- Lakini ananishinda kwa siku kumi kwa umri. Alizaliwa tahere 26 Mwezi wa Saba na mimi nilizaliwa tarehe kumi Mwezi wa Nane, mwaka huo huo aliozaliwa. Alinishinda kwa mwezi mzima. Hata hivyo nilimtishia nikamwambia kwamba: “Wewe, sikukuambia kwamba usiwe na nywele nyeupe, utanisalimu “shikamoo” kwa sababu ni desturi ya Kiafrika”. Alifanya hivyo tangu mwaka wa 2002 tulipokutana nilipokuja Bungeni wakati yeye alikuwa amehudumu kipindi The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Your time is up!

Thank you, Mr. Deputy Speaker, Sir. I rise to express my sincere condolences to the family of our departed colleague. I have known Sen. Kajwang since 1998 when I was elected for the first time to the National Assembly. I believe that he was also elected for the first time to the National Assembly then. Since that time, whether in the National Assembly, the tea place or outside in the podium, Sen. Kajwang has been known to be a very jolly person. It is actually very difficult not to admire him; whatever side of the political persuasion you belong. His contributions varied between being comical and humorous. Perhaps, I will not say very much about his personal achievement having listened to the very well written or presented account of Sen. Kajwang; his achievements as a Member of Parliament and as a Minister of the Government. Mr. Deputy Speaker, Sir, recently, we were in a retreat in Mombasa. In one of the sessions, we had the Members who were present engage the media for a while on the lack of reporting on the Senate. We told them that they are not reporting the Senate enough and not noticing what we are doing. A very eloquent lady from one of the media houses was quite straightforward. She said: “Well, sometimes, you do not have material for us to write, but whenever Sen. Kajwang speaks, we must write because of the way he presents it”. Sen. Kajwang stood up immediately and told the gathering that, perhaps, it is not so much about the substance of what you are talking about, but how you present it. The media went on to say: “Yes, because of the way Sen. Kajwang presents himself, he always makes headlines” We found ourselves bargaining with the media that: “Well, use Sen. Kajwang as headlines and also write about some of us who have a point below there in that article.” Mr. Deputy Speaker, Sir, we must recognise that the death of Sen. Kajwang is a loss to the family, the people of Mbita, which I believe was his grooming in politics 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.

Sen. Muthama, are you not ready to contribute?

Bw. Naibu Spika, nashukuru sana kwa nafasi hii. Ningependa kutuma rambi rambi zangu na Sen. (Prof.) Anyang’-Nyong’o ambaye yuko Uingereza. Alituma rambi rambi zake kupitia kwa Sen. Wetangula lakini alisahau kuzitoa. Kwa hivyo, natuma rambi rambi hizo kwa jamaa, marafiki wote na Seneti hii. Bw. Naibu Spika, mpaka sasa siamini jambo lililotokea. Wakati mwingine nafikiria kuwa ninaota. Hii ni kwa sababu jana tulikuwa na Sen. Kajwang hapa na tukaondoka pamoja. Tulikubaliana kukutana naye, Sen. Orengo, Sen. Ongoro na mawakili wetu ili tuzungumzie kesi zinazotukabili, zinazohusu matumizi ya lugha ya uchochezi na chuki. Tulimngojea lakini hakufika, licha ya wengine wote kufika. Leo niliamka mapema kwa sababu nilikuwa na mkutano saa moja asubuhi. Nilipofungua redio nilisikia kwenye muktasari wa habari kwamba Seneta wa Homa Bay, Sen. Kajwang, alikuwa ametuacha. Nilishindwa hata kuwapigia Maseneta wenzangu kuwauliza kama wamesikia habari hiyo. Niliduwaa na nikawa sijielewi. Baadaye niliweza kuthibitisha kwamba Sen. Kajwang alikuwa ametuacha. Kwa kweli maisha ni mafupi muno. Hakuna mtu anayeweza kusema kwamba ataishi kwa siku ngapi. Kuna vitu viwili kuhusu binadamu. Kuna mwili na uhai. Uhai ndio wenye mwili na mwili ndio wenye uhai. Lakini anayechukua uhai ni mwingine. Kama Mkristo nilifikiria vile Yesu alibemba mizigo ya wenye dhambi hadi kaburini. Sen. Kajwang anaelekea kwenye kaburi sasa akiwa anabemba matatizo na uchungu wa Wakenya. Nasema haya kwa sababu Yesu alisulubishwa msalabani kwa sababu alitetea haki za watu na alitaka kuwakomboa. Sen. Kajwang anaenda kaburini akiwa na kesi ambayo inamngojea kortini kwa sababu alisimama Uhuru Park na kusema kwamba anataka Wakenya wakombolewe na wapate haki zao. Ni Mungu tu atakayeutua mzigo huo na kumlipa kulingana na malipo anayostahili. Tungependa hata wale ambao wametushtaki kwa sababu tunasema kwamba tunataka kuwe na usawa wa Kenya watupumzishe ili tusiende makaburini tukiwa na kesi zinazotukabili.

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

Your time is up!

Mr. Temporary Speaker, Sir, I would like to say a few words about Gerald Otieno Kajwang (GOK). He first came to Parliament when I was the Government Chief Whip. From that day I coined the word “GOK.” He came to Parliament as an Opposition Member of Parliament. I have heard my colleagues talking good about him. However, the one thing that they do not know about the late Sen. Gerald Otieno Kajwang is the bravery that he had when he was a new legislator in Parliament. He was one of the few legislators who could dare bring a censure Motion against a powerful former Vice-President, the late George Saitoti. For those of us who were in the Eighth Parliament like Sen. Khaniri, Sen. Musila, Sen. Kiraitu Murungi and Sen. Beth Mugo, this is still fresh in our minds. I was the Chief Whip and the Speaker then was hon. Francis Kaparo. The Speaker called and told me that hon. Kajwang and his fellow Opposition Members of Parliament wanted to bring a censure Motion against the late Prof. Saitoti. I told him: “Let him bring it because I will beat him.” He came and told me: “Chief Whip, I understand that you are lobbying a lot to fight my Motion.” I asked him: “What else do you expect me to do?” Hon. Kajwang was such a brilliant and courageous fighter and he brought the Motion. Even after we defeated him, he never carried any hatred against me or the late Prof. George Saitoti. He became a good friend. Yesterday, after I contributed, I pointed at him as I was going out of the Chamber. Little did I know that I will not see him alive again. Recently, I joked and asked him whether he introduced the slogan “ baba while you were away,” the way he introduced “ mapambano.” He laughed and told me: “Sen. Leshore, wacha huo uchokozi.” Mr. Temporary Speaker, Sir, with those few remarks, I want to send my heartfelt condolences to his family, the people of Homa Bay, the Senators and all Kenyans who are grieving today because of the loss.

Thank you very much, Mr. Temporary Speaker, Sir, for the opportunity. I have personally known Sen. Kajwang for very many years, having met him in a church where we are both faithfuls. He was the choir leader in the church and also played the role of a teacher for the young children. He was a very committed church leader. 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 join my colleagues and fellow Kenyans to send my heartfelt condolences to the family of the late Sen. Kajwang and also to wish his father a quick recovery. I also pray for the family that they can go through this time and get comfort. I must say that I am very privileged and I am happy that I was able to meet and interact with the late senator in this House. I would also like to say that I know many Kenyans, even if you never interacted at a personal level with the late Sen. Kajwang, you felt that you knew him and you have ever met him from just watching him on television or listening to him. I am not just saying this after his demise, the impression I used to have of him, just as you had said when you were speaking, that he is one of mapambano or the one who would intimidate you. I used to wonder whether I would be intimidated by some of my colleagues in this House. I was wondering whether I could speak when Sen. Kajwang speaks, but I must say that he was one very disarming person. I am happy that I was able to tell him when he was alive that the impression you get of him or his politics is not The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, I would like to briefly interrupt debate to acknowledge the presence of members of Lelan Matatu Association from West Pokot County. They are seated in the public gallery. On behalf of all of you and on my own behalf, I welcome them to the Senate and wish them a fruitful visit. I hope they are seeing their Senator being here very committed, Sen. (Prof.) Lonyangapuo and their neighbouring Senator, who is yours truly.

Mr. Temporary Speaker, Sir, I want to thank you for this opportunity. Just like my colleagues who have spoken earlier, I stand here with a very heavy heart and greatly shocked. Yesterday about 4.00 p.m. as I walked out of this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you Mr. Temporary Speaker, Sir, for the opportunity you have given me to contribute and to join my colleagues in eulogizing our dear colleague whom I have worked with in three consecutive Parliaments and now in this Senate. We were both elected, as others have said, in 1997 for the first time. For three consecutive terms, we served in Parliament. In the previous term, we served in the Cabinet together and after 2013, we found ourselves in the Senate. So, if I say that I know hon. Kajwang, I really do know his capability and work. I said, this morning, that he was The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity to join my colleagues in mourning a very good friend of mine, the late Sen. Kajwang. Like many colleagues have said, I was woken up about midnight by the Member for Mwingi Central who informed me of the untimely death of Sen. Kajwang. I was shocked beyond words and true to the scriptures, I realised that we are flowers. We blossom and wither suddenly because we had spent the best part of yesterday with Sen. Kajwang. This morning, Sen. Ongoro, Sen. Moi and I visited the family of the late Kajwang at Runda. There, we found a very shocked and devastated family and mourners who had gathered there after learning of the sad news. I first knew the late Sen. Kajwang 17 years ago. We were all elected at the same time during the Eighth Parliament. We worked very closely. During the Ninth Parliament, as you may be aware, I was the Deputy Speaker of the National Assembly. Owing to the quality of debate of the late Sen. Kajwang, he always caught my eye. There was no time that he wanted to speak that he could not speak. We had recognized him as a good debater. I was also the Chairman of the Liberal Democratic Party (LDP) after the passing on of hon. Job Omino, and Sen. Kajwang was the legal advisor of the LDP. From that time, I relied on him to give me advise to the extent that until yesterday, I referred to him as the “AG” because he was the Attorney-General of our party. He referred to me as “PC.” He was a very humble man, a very able legislator who put his points across in an eloquent and persuasive manner. Everybody regardless of his political persuasion tended to agree with him. Where you disagreed with him, you agreed to disagree in the most 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 rise to eulogize my brother, Sen. Kajwang. In so doing, I wish to use this opportunity to send my condolences, personal, family, on behalf of the people I represent in Kakamega County and my larger national constituency to the family of Sen. Kajwang. As many have said before me, Sen. Kajwang was a great politician. I want to confess today that when I was campaigning during the 2013 General Election, I could tell people in Kakamega that I wanted them to give me a chance so that I could go and join hands with great debaters in the Senate like Otieno Kajwang, James Orengo, Prof. Anyang’-Nyong’o and many others. Mr. Temporary Speaker, Sir, yesterday, I had the rare opportunity of being requested by Sen. Kajwang to go and sit right next to him and he told me that something was disturbing him; he wanted us to join hands on an amendment Bill on the National Police Service Act by Sen. Elachi. He told me that we should go out of our way to sensitize Senators so that we delete one of our amendments. Because I do not want to anticipate debate, I will not state which that amendment is, but I will be using this announcement to persuade colleagues that apparently Sen. Kajwang was asking me to do that for him by way of a premonition of the impending death. I do not know who will fill the national platform that Sen. Otieno Kajwang has left on the Floor of this Parliament; who will fill the national platform that Otieno Kajwang has left at Uhuru Park where we addressed many liberation rallies together; I do not know who will fill the regional platform that Otieno Kajwang used to address at Tononoka Grounds where his voice would boom and echo with the whispering winds of the palms of the coast; I do not know who will fill the regional platform in Kisumu, Moi Stadium, where Otieno Kajwang and I addressed many national rallies and where he could move crowds with his Bado mapambano lyrics, and; lastly, I do not know who will fill the regional platform at Kakamega Muliro Gardens where Otieno Kajwang freely melted into rhythm in song and dance with his in-laws, the brothers and sisters of his wife. I say pole to my sister who has lost her husband. I mourn.

Mr. Temporary Speaker, Sir, being almost the last person to speak to this very bad news, I will take a very short time. A lot has been said about our friend, Sen. Kajwang, and I do not think whether there is anybody else who will bring new information on what we have heard about him. Those who have worked with him, especially in Parliament like me, know him very well. 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 the opportunity. First and foremost, I wish to sincerely convey my heartfelt condolences to the late Sen. Gerald Otieno Kajwang’s family and friends. I received this message at around 6.00 a.m. This is because towards 12.00 a.m., I started receiving text messages and thought that they were the usual Safaricom messages. I was wondering why they were harassing me or which clients of mine they were. In the morning, I received a message from my brother, who is it at home in Siaya, saying:- “Poleni sana for losing Sen. Kajwang.” I wondered whether he was dreaming. Immediately I saw a missed call from Sen. Emma and the 411 message. I could not believe it. I woke up and started reflecting on the last moments with Sen. Kajwang. Under the invitation of Sen. Wamatangi, Members of the Committee on Roads and Infrastructure went to visit the bypass that is under construction in Kiambu County. When we reached there, people were very excited. We listened to their grievances and before we left, Sen. Wamatangi asked his constituents:- “Do you know this person?” They all started singing:- “ Mapambano, mapambano .” When he was given a chance to speak, he said: “Tumekuja kupambana na hii barabara na shida zenu hapa tutazitatua.” The message was so loud and clear. That reminded me of what we were taught during the Senators’ retreat. We were just learning how to debate, capture news or convey good messages to the people. We were taught about punch lines. I saw that in Kikuyu when he The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Your time is up!

Thank you very much, Mr. Temporary Speaker, Sir, for giving me this opportunity. On behalf of my family and the residents of Narok County, I take this opportunity to convey my heartfelt condolences to the family and friends of the late Gerald Kajwang and the residents of Homa Bay County. Mr. Temporary Speaker, Sir, the late Sen. Kajwang was a very friendly and jovial man. I interacted closely with him when we went to China and India for two weeks. When we were in India, we decided to go for a thorough medical check-up. I was in the second team. I was in the same team with Sen. Kajwang and we went to do a thorough medical check-up, just to know our status. We were very happy when everything turned out okay. I want to say pole sana to the family, friends and residents of Homa Bay County. We have lost a great man and close friend.

Mr. Temporary Speaker, Sir, on behalf of my family and the people of Trans Nzoia County, I wish to convey condolences to the family of the late Sen. Gerald Otieno Kajwang and the people of Homa Bay County and, indeed, all Kenyans, following the untimely departure of our friend and great leader of this country. Mr. Temporary Speaker, Sir, I also speak on behalf of the Immigration fraternity in this country, knowing that he served at one time as the Minister in charge of Immigration and Registration of Persons. I also served there as the Director of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante sana, Bw. Spika wa Muda. Kwanza, ningependa kutoa rambi rambi zangu kwa familia, Wabunge, Seneti naviongozi wote wa CORD ambao wamepoteza shujaa wao. Kuna mwimbaji wa Tanzania ambaye aliimba wimbo unaoitwa kifo; anaitwa Remi Ongala. Alisema kama angejua kifo kitakuja namna gani angaliweza kukihonga. Kwa nini nasema hivyo? Nasema hivyo kwa sababu tulikuwa tumezoea kukaa pamoja na Sen. Kajwang. Hata wote mnajua kwamba sisi wazee wawili tunakaa pamoja na kwa jina maarufu tunajulikana kama Back benchers. Jana alipofika, tuliongea juu ya kufuzu kwa kakake kule Kampala. Tukazungumza kirefu na akanieleza kwa nini hakuhudhuria sherehe za kufuzu za kakake. Tulizungumza mambo mengi. Tulizungumzia sana swala la Mjadala uliokuwa mbele ya Bunge hili juu ya usalama. Pia, tulizungumza kwa kirefu na akanieleza masaibu yaliyompata wikendi alipokuwa safarini. Alipata ajali alipokuwa akisafiri. Alitoka hapa kwa ndege na akachukua gari lake aina ya Prado na akapata ajali. Tulijadiliana kirefu na tukacheke sana. Kumbe vile alivyosema Remi Ongala, “kifo kifo, laiti ningelijua hata 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 the opportunity to join my colleagues to remember a friend, an uncle, a colleague and a jovial man. Many of my colleague Senators might not know that I was the first Senator to get to the hospital yesterday. I happened not to be asleep by the time most of the Senators were being called. I saw Big Ted who works at State House calling me several times. I wondered why he would be calling me at midnight. Then he told me Sen. Kajwang is dying and I decided to call back. He told me that they are at the Mater Hospital. I got there within 30 minutes and found him still in the suit he wore in the Senate in his smile. I remembered the way he used to call me nyathima nyako meaning, young girl. As his colleagues, we cannot feel the same way that the family members are feeling. However, we can only help them and pray for them. A few minutes later, we were with Mr. Speaker, the Senate Majority Leader and the Member of Parliament for Nyando. There was nothing much we could tell the family. However, indeed, death is a painful thing. I remembered when we were in Mombasa, the way he was being praised as the Senator with the punch line. We need to ask ourselves whether we lost the Senator with the punch line. Have we lost the punch line or will we create another punch line? I do not have much to say but I will go to the Bible and quote Job Chapter 1: “The Lord gives, the Lord takes. Glory be to Him”.

Thank you, Mr. Temporary Speaker, Sir. I would like to join my colleague Senators and my family in sending condolences to the family of our distinguished Senator Kajwang, who departed to be with the Lord last night. I must say that this has come as a shock. I am saddened. This morning when I woke up, I could not reconcile myself with his death. Therefore, I proceeded to the Lee Funeral Home to see his body so that I could believe that he had really died. The late Sen. Kajwang is one politician who was very vibrant. He was a good debater, well skilled and intelligent. He contributed, immensely, to the Motions and Bills that have been brought to the Floor of this House. Therefore, there is a gap that he has created. However, as we all 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. Life is so fickle and death is such a thief. Death steals from battle grounds, poor families and from a House of Parliament like this one and takes away gallant leaders and contributors of debate with content and quality like our departed brother, Sen. Kajwang. I want to condole with the late Sen. Kajwang’s family in a very special way. I see a paradox of--- About one year ago when I was a new Senator, I happened to take a flight from Mombasa to Nairobi with the late Sen. Kajwang. As we embarked on the flight, Sen. Kajwang called me to his seat. As we were debating, he told me; “Sen. Wamatangi, the walls that have been erected as political differences between us are imaginary and one day, we must break them.” Those were his words. Yesterday, which was the last day that Sen. Kajwang was alive, he was my guest at my county. In the morning, as we were heading towards Kikuyu with the Committee on Roads and Transportation, we did not know that Sen. Kajwang would be joining the group. Therefore we grouped together and before we left, he came on his own. We were joined by Sen. Kajwang and were very glad to have a good number. We had a cup of coffee and tea at Java and then proceeded to Kikuyu. I want, on behalf of the people of Kikuyu and Kiambu County to pay special tribute to Sen. Kajwang and to thank him. As we were debating and discussing how we would resolve the issue of the bad road in Kikuyu, he is the one who came up with the tie breaker. As we were discussing the matter with Kenya National Highways Authority (KeNHA) on the way forward, he said that they had agreed that the road would be done and a lane to go into the town will be provided. That was it and we had a solution. We left to come back to Nairobi. It is also amazing how God gives us an opportunity on the last day of our lives to roll out who we really are and what we have been here for. In the morning, when we went to Kikuyu, the last portrait we took of Sen. Kajwang was one where he was wearing a helmet and an overall to show that he was at work. This was in absolute contradiction that he was not at work in Homa Bay but in Kikuyu, Kiambu. From there, he had an opportunity to come to this House and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, this morning, I made what one may consider a very stupid statement. I was not aware that our brother had gone until I got into my car. When my driver asked me whether I had heard that Sen. Kajwang had died, I said, no. I said; I was with the late Sen. Kajwang yesterday in the House. Therefore, the shock I got was to believe that because you are with a person at some point very late in the evening, it is not possible that the person may have died. However, I realised that this was an issue of shock. I want to join my colleagues in condoling the family of the late Otieno Kajwang and the people of Homa Bay County. On behalf of the people of Nyeri and my family, I express sympathy to those who are from his county and the many friends he had across the country. I think as we mourn Sen. Kajwang, we must not forget that Sen. Kajwang was a happy man. He was a happy soul. He was not the sort of man who would have wanted us to mourn, cry and grief. He was the sort of man who would have wanted us to celebrate his life rather than mourn his death. Therefore, it is only that sometimes grief can give us the wisdom of being close to death and understanding what death is all about and appreciating, even by the contribution he was making yesterday, that we can only make a living by what we get, but we will make a life by what we give. Otieno Kajwang gave intellect and time – he sat in the Chamber very late – he gave his intelligence to the people of Kenya and contribution worth following and emulating to the people of this great nation. Mr. Temporary Speaker, Sir, for me, when I remember Kajwang, I remember the passion and enthusiasm with his Bado mapambano song and the fly whisk on the podium. What comes to mind when you think of Kajwang and his fighting spirit was that it is not the size of the dog in the fight; it is the size of the fight in the dog. The man had passion, and he could move crowds. Therefore, I believe that what we can learn from Sen. Kajwang is what everybody has been saying here. Even as we sit in this House opposite one another, let us never forget that we do not actually live opposite one another. We just sit opposite one another so that Kenya can be a better place. I tell the people of Nyeri that they must never forget that Sen. Wetangula has been given a Government vehicle and a Government salary so that he can oppose the Government and so that it can be better. This is the spirit by which we should remember friends who share with us the spirit of building a country. Never mind which side of the divide that they are. When I think about it, the only thing that comes to mind is that we should not actually try to live forever because we will not succeed even if we tried, but you can try The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante sana, Bw. Spika wa Muda. Kwa niaba ya familia yangu na watu wa Kilifi ningetaka kutoa rambi rambi zangu kwa watu wa Mbita Constituency, vile vile watu wa Kaunti ya Homa Bay na Wakenya wote kwa jumla kwa sababu ya kupoteza kiongozi wao. Tukisema “kiongozi wao” ni kwamba ndugu yangu, Sen. Kajwang, hakuwa mwanasiasa wa Homa Bay peke yake; alikuwa mwanasiasa wa Kenya na alijitambulisha kwa ushupavu wake katika mambo ya mijadala. Alikadiria ushupavu wake katika ulingo wa siasa kwenye jukwaa. Nikisema hivyo ni kwamba Sen. Otieno Kajwang alikuwa mtu mshupavu kwa kueleza sera zake. Sisi katika jukwaa la siasa mara nyingi tulikuwa tukimfananisha. Nikisema hivyo, zaidi sana, nitachukua mfano wangu mwenyewe wa kuweza kumuiga na kusema ya kwamba wakati tulikutana hapa Seneti nilipochaguliwa, kwamba akitengeneza sheria zake za kuwasaidia watu wa Homa Bay na mimi nitakuwa upande huu nikitengeneza sheria zangu za kuwasaidia watu wa kaunti ya Kilifi. Kwa hivyo, ningetaka kusema kwamba alikuwa kielelezo kwa watu wanaotaka kuwa wanasiasa, kwa vijana ambao wanataka kuwa wanasiasa na pia kielelezo kizuri cha sisi wenyewe kama wanasiasa katika nchi ya Kenya. Bw. Spika wa Muda, nataka pia nikumbuke ya kwamba hivi majuzi mwezi uliokwisha, tuliweza kusafiri naye hadi kule China na wakati tukiwa kule China, wao wanakula chakula chochote, nilimuuliza wakati mmoja kwamba hii nyama ambayo inakaa imenyooka sana ni ya kawaida ama ni nyama ya aina gani? Aliniambia kwamba hiyo---

Jambo la nidhamu Bw. Spika wa Muda. Sen. Madzayo amesema kwamba Wachina wanakula chochote. Ninafikiria hapo kidogo angejirekebisha wakati anaendelea.

I think let us just focus on the main issue. Proceed, Sen. Madzayo.

Bw. Spika wa Muda, wachina wanajulikana kwa kula vyakula vingi. Kwa hivyo, pengine ulimi ulitelelza kidogo, lakini nilikuwa kusema kwamba wanakula nyoka, vyura na vyakula vingine vile ambavyo sisi Waafrika, hasa Wakenya huwa hatuli. Sahani ilipokuja tukiwa tumeketi pamoja, tuliweza kunong’onezana pale kwa sababu kile chakula hakikuonekana kama ni nyama ambayo sisi tunakula huku Kenya. Nilimwuliza ndugu yangu ikiwa ilikuwa vyema tule kile chakula ama tusile. Alinieleza kwamba:- 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. Let me also take this opportunity this afternoon to also convey my condolences and those of the people of Bomet on the demise of a colleague and friend, the Senator for Homa Bay, Sen. Kajwang. I did not get to know Sen. Kajwang for a very long time, but I had the great opportunity to be with him for a whole week as we joined the Speaker of the Senate in a visit to Estonia along with Sen. Boy Juma Boy and Sen. ole Ndiema. We were there for one week where we shared a lot and performed the duties which we were supposed to perform in Estonia. For me, it gave me an opportunity to have a close association and relation with Sen. Kajwang. He was happy and able to express himself. This was one moment where I found Sen. Kajwang to be completely different from what I knew him before. To me, his size was very intimidating because he was a very huge man while I was small. I always thought that he would intimidate me, but the friendliness that I got from him during the five days we were together gave me courage as we continued to work together. I came to know on this day that there was a person in him who was also as elementary as any human being. We talked about the eucalyptus trees that he plants in his home area and I was interested because I also plant trees. We encouraged ourselves about a lot of things. Therefore, it was such a shock and surprise when I got the news very early in the morning that Sen. Kajwang whom we were with until yesterday evening, at 6.30 p.m. had gone to rest. Mr. Temporary Speaker, Sir, in the last few weeks, one of the motivational speakers from the Bahamas by the name Myles Munroe was here. He was one of the motivational speakers who always spoke about death. Many times, he said that the richest place in any city is the cemetery. This is because many people go to the cemetery when they are still full of ideas and dreams. The same speaker said that it was better to die empty. I want to believe that while we are still on earth, we want to discharge; give out everything that you have so that we can go to the grave empty. The people who will remain will be richer because we would have discharged all our responsibilities and duties. Mr. Temporary Speaker, Sir, the Senator was very famous for “ Bado

.” The volume and confidence with which he said it meant that he was discharging his responsibilities. The only thing that he did not say is between who and who the mapambano was. It was simply a statement of encouragement; that he had done 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 join my colleagues in sending my condolences following the death of Sen. Kajwang. I have known Sen. Kajwang for the last 18 years. I first knew him when we got into the campaigns around the time when FORD broke up. I joined FORD-K at that time and was elected in 1997 to represent Turkana North. He was also elected into Parliament to represent Mbita Constituency. We have had a good time as politicians. We would visit each other and travel across the country. He would even come to Turkana to support us. Mr. Temporary Speaker, Sir, Kenya has lost a true nationalist and patriotic leader. Sen. Kajwang confronted national issues. Even as we condole today, he has tried to tackle the issue that is affecting our nomads. For the last one week, his main agenda was cattle rustling and the oppression and marginalization in those areas. This is something that I want us to take up, as the Senate. We should find ways of remembering him and debating this matter that is causing many losses of lives and suffering in our areas. Unlike so many lawyers, I found his clarity very admirable. Every time I wanted to discuss matters of law, Sen. Kajwang would give a very simple understanding of the law. Surely, his humour, use of words and ability to interact with everybody without bitterness was admirable. Even at times when we had lost elections, he never kept any bitterness in his heart. Mr. Temporary Speaker, Sir, a man of that kind of integrity should be rewarded. I know that one person will do it at one time, in a small book, just to highlight the lesson. Something can be written for generations to come; that there was somebody by the name Sen. Kajwang, who was so admirable and did so much for this country. This is because so much has been said about our brother today through condolences and the country stands to learn a lot. This should unite us, as the Senate. There are many problems to be addressed by this Senate, but sometimes, we get divided along party lines. We should take this opportunity to agree when we have a problem in this country and come together and address it. Mr. Temporary Speaker, Sir, I look at life differently. I was shot at a few months ago and as I lay in my car, I had lost hope completely. I thought that I was not going to make it. I bled and survived it. I look at life and the purpose is to suffer. That is what Sen. Kajwang did. Let us give service as long as we are in this world. We are not going to take anything after our service on earth, but let us leave behind a legacy, serve this country and be united. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Your time is up!

Mr. Temporary Speaker, Sir, first and foremost, on behalf of myself, my family and the leadership of Mombasa County and her people, I convey my heartfelt condolences to the family of the late Sen. Kajwang, his friends and the people of Homa Bay County. Since I came to this Senate, slightly over one year ago, I started developing a certain political nearness with Sen. Kajwang. He exuded extraordinary humour. In fact, at any opportune time when he had a minute or two, he would drop a joke or two on our diverse nature. Mr. Temporary Speaker, Sir, when I was watching television this morning, they ran some of his excerpts on Bado Mapambano . I have tried to sing that BadoMapambano sometime back, even on platforms that Sen. Kajwang has been, I am even trying to rehearse hoping that he will need a replacement in that regard and I realise that I am falling far short of being Sen. Kajwang. In that regard and many other regards, we will never have another Sen. Otieno Kajwang. Behind the humorous and good natured man, was a very deep sense of passion in terms of a belief in something. My own belief is that we will talk about his great deeds, speech and humour but we can best honour Sen. Kajwang by living with many of the ideals that he represented. Every other time I had any issue in Mombasa County or any other issues that touched on governance, my principal lobby would be Sen. Kajwang, because I knew when he spoke, the Senate would be at its greatest moment in terms of attention. People would listen and he had a way of communication. I recall when I sat in the Committee on impeachment of Bernard Kiala, the Deputy Governor of Machakos County, I called Sen. Kajwang but he told me that he would be travelling, I think, out of the country with the Committee on Agriculture, Livestock and Fisheries. However, later on the Committee decided to postpone its travel by a day so that they could attend those proceedings. The late Senator asked me which way he should go. I told him that I had written him a minority report and he should just go with it and said that he would support the minority report. He said he would listen to me and base his remarks on what I would say. True to his words, when Sen. Kajwang spoke, it was evident that he had read through the report and, in fact, he was able to pick out certain things that some of us had failed to pick out in terms of the general content or issues around the impeachment of Bernard Kiala, the Deputy Governor for Machakos County. Mr. Temporary Speaker, Sir, we will miss him fondly and dearly. I believe he was an asset not only for the political opposition or the Orange Democratic Movement (ODM) but generally for the entire country. I remember my last major political rally I was with him at Jacaranda in Embakasi a couple of weeks ago. I spoke just before he did and when I sat down, he told me a few words. He told me to remain focused and that being a first time legislator, he believed I was doing well. Those were kind words coming from a person of his stature. Mr. Temporary Speaker, Sir, all I ask of us in this Senate is to honour him in the way that would make him proud; to live his values, speak out the truth boldly and courageously and to stand for the right things and cause. He had distinguished himself 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.

Your time is up! Sen. Mutula Kilonzo Jnr.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. On behalf of myself, my family, Makueni County and the people who love Sen. Kajwang, I wish to pass my condolences to his family and his constituents and people who liked him and many others who most likely, in his life, did not like his comments but are now celebrating him. Mr. Temporary Speaker, Sir, standing here today, I know the pain that the family is going through, having lost my father just about a year ago in similar circumstances. Therefore, I know the confusion they are going through.

As we condole him, we must remember that the hole left in that family is difficult to fill. I do not want to repeat what everybody has said about his contribution. Yesterday he made a very robust constitution and what the drafters intended particularly when it came to the Administration Police or the police generally. Every time, he stood up to speak, that was the punch line. Therefore, to honour him, Senators should stick to the letter and spirit of the Constitution the way it is. I also want to say that we speak very passionately about people when they are not here but we fail to care when they are here. I would like to ask, Senators, as we do our work of legislation, we should start caring for one another beyond our political affiliations and little things that we fight about. In the end, these things do not matter. Although Sen. Kajwang was a Member of CORD, he spoke for Kenyans. Therefore, I think we should do the same. Lastly, we must recognize that we have a lot of work we, as Senators, and perhaps all of us, in some of the workshops we do, should be made to check how our vessels or hearts are working. Sometimes in our efforts to represent people, we work so hard and tirelessly leaving at 6.30 p.m. or 8.00 p.m. forgetting to take care of ourselves. That is a lesson to all of us. May this gentleman rest in peace. The legal profession has lost a gentleman who understood the law. We are less one more person on the row just the same way we lost the first Senator who shared a name with me.

(Sen. (Dr.) Machage): Who is temporary five? Yes, Sen. (Dr.) Zani. 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, if anybody had said that we would be standing here today talking about these things, I would have thought they live in another world. What has happened was most unexpected. I remember sitting here yesterday listening to Sen. Kajwang make his contribution to Sen. (Prof.) Lonyangapuo’s Bill that was being debated. He spoke with passion about various issues on security ranging from different backgrounds, I remember him talking about Lamu. As I was sitting here, I was thinking how well he articulated the issues and the passion which he brought out issues. I am very impressed because he was articulating issues from my region. At one time, Sen. Kajwang was concentrating so much and I told Sen. Sijeny who was sitting next to me about it. He was listening to everything that was going on, he was focused and really engaged in a very amazing manner. That was very surprising but very encouraging. Many times when he made his contribution, he did so with a lot of knowledge, passion and insight. I did not know that yesterday was going to be his last contribution. I did not know that I would never see him again in this Senate. It is a big blow for the Senate and for the whole country and more so for the people of Homa Bay who he served as the Senator. His Bado mapambano song will be associated with him for a very long time. Indeed, it epitomizes for us the song of a struggle. It is going to be a legacy for Sen. Kajwang that anytime when we fight for our rights, inequalities, social justice, space and the implementation of the Constitution, his memory will be a part of that struggle because he played a part in it. That was the serious part of Sen. Kajwang. There was a jovial and very laughable part about him. I remember in Mombasa when he was associated and said to be the Senator with a punch line and the way he reacted immediately, smiled about it and even gave us more tips. I think for us who are probably much younger politicians, he becomes a model of how even as a politician, you have heavy moments but you also have light moments. He was able to take those light moments and move on with them with a sense of humour that was only unique to him. I remember him in a special way, when I was running for the seat of Secretary General in the Orange Democratic Movement (ODM). He was also running for the seat of Vice Chairperson for the National Executive Committee. Everywhere in all the counties that we went to and all the delegates we spoke to, he took a leadership role. He took a role of guidance and working together as a team. I remember all the time sitting, strategizing, discussing, communicating and the sort of energy that he put into it. He had good words for all the members in the various themes. He did not just try to get the votes for himself but also tried to get the votes for all the other members who were in the team as well. He was very candid; he never just said something because he had to say it. You would tell moments when he had something to say but probably thought that was not the right moment to say it and he would keep quiet. I think that is the wisdom that comes with leadership that is so essential and so critical in our lives. Whenever there was a moment of a storm, he remained calm, gave leadership, advice, direction, listened and heard what you said when you were speaking. He wanted to contribute in one way or another to everything that he would offer. 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, Nakuru County has waited for so long for this particular moment. I take this opportunity to also condole the family of the late Otieno Kajwang, the Senator for Homa Bay County. When I woke up this morning, I was looking forward to continuation of the chance that I was to get in the House; to continue debating on the Bill that was moved by Sen. (Prof.) Lonyangapuo. It came to me as a shock when I learnt that Sen. Kajwang had passed on. It is worth noting that last evening when we were leaving the House, I met Sen. Kajwang coming back and I asked him, “Senator, why are you going back?” He told me that there is something that he had to finish. That is the last time that I personally talked to Sen. Kajwang. Mr. Temporary Speaker, Sir, it is very painful that we have lost another Senator. It is important that we pray to God so that if there is anything in this House that is making us go out of his way, we pray that it stops because it is not right if we were to lose another Senator. It is very painful. As the head of the Nakuru delegation comprising of Sen. Chelule, Sen. Njoroge and the entire Nakuru County where we have Members from the Government and the Opposition, we are together with the family of Sen. Kajwang. We are also together with the people of Homa Bay County. Anybody mentioning the name Homa Bay, the name that comes into one’s mind is “Bado mapambano . ” Anybody saying the name “ Bado m apambano, ” the picture that comes into one’s mind is Sen. Kajwang. Some of us, when he was saying “Bado mapambano, ” never took “Bado mapambano” as something that was negative. We took it as a way of ensuring that Kenyans have better lives. It is worth noting that Sen. Kajwang played a very big role in the second liberation. Since many people have talked so much and said very great words of wisdom and appreciation about the Senator, I would like to tell the family, the Coalition for Reform and Democracy (CORD) leaders and the other people that we are together and we will be together in this particular journey right up to the end. Rest in peace, Sen. Kajwang.

(Sen. (Dr.) Machage): Sen. Kanainza.

Thank you, Mr. Temporary Speaker, Sir. I stand to mourn the sudden death of Sen. Otieno Kajwang on behalf of my family and that of the Kenyan youth. This was a charismatic leader, a fearless fighter and a soldier that we will miss in this country. I shared an office with Sen. Kajwang at our Parliament offices. He has been a friend and a neighbor, and I am sad that this happened. Yesterday, as I was walking out of the Senate, I had a chat with him. He explained why he missed my function last week on Friday. He told me that he had an accident while he was driving to Oyugis. It is unfortunate that I found him to be very strong only to learn, hours later, that he had gone to be with the Lord. This is a big blow to the Senate. We know the type of contributions he made in this House. He was a jovial man whom the youth of this country celebrate. The trend on

and Facebook, you will see that young people are mourning his death. We do not know why it had to happen this soon. Since we are not God, we cannot judge. However, we have lost a treasure. We have lost a Senator who was very committed to our cause 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 chance to condole my friend, Sen. Kajwang. He is somebody who has been described as a rare person; rare in this Senate and in the past Parliament. I know he was capable of changing to the tunes of what is important to be noted. When I was elected Member of Parliament (MP) for Kirinyaga Central Constituency in 2002 and he was the MP for Mbita Constituency, I remember he steered the then politics of Kibaki Tosha. He was a rare person, who did it so eloquently and diligently to the point of satisfying everybody including what he used to call the Mt. Kenya mafia. That is the time he embraced the courageous fighters of democracy; people who wanted to change this country. He fitted there. He was admired and he focused on what he wanted people to know. He was fearless and friendly if you so wanted him to be and opposed an issue when it was necessary to do so. He was therefore an articulate speaker. His oration was unparalleled. That is why all of us are mourning, the Senator. If he was to be done away with, he would have been done away with in the University of Nairobi where he was a student leader. After being expelled, he fought his way to Makerere University and came back to lead Kenyans. This was somebody who would have been lost but thanks to God that we saved a soul that we least thought would be the way he is now. We thank him for the contribution he has made to this country. On behalf of the entire Kirinyaga community, the Kirinyaga County, all the voters and supporters who mean well in Kirinyaga County, we mourn the our departed friend, Sen. Kajwang. May he rest well in eternal peace. Amen.

Asante Bw. Spika wa Muda. Pia, natandaza wingu la simanzi hapa Seneti. Kazi ya Mungu haina makosa. Ule ucheshi, umahiri, sifa, na haiba yake Sen. Kajwang hatuwezi kusahau. Ni huzuni kubwa. Niliona ujumbe wa 411 lakini ni kama kichwa changu hakikukubali kuwa ni Sen. Otieno Kajwang. Nilipokuja Seneti leo na kuona picha ya Seneta Kajwang, nilipata huzuni kubwa sana. Niliona sasa ni kweli kuwa kifo kimetupokonya mtu mahiri na shujaa. Kifo kimetuleta pamoja na wale wa upande mwingine, na sisi wa huku Serikalini ndio tumesikia majonzi makubwa kwa sababu pale ninapoketi, Bw. Spika wa Muda, ni upande wa pili kabisa. Kwa hivyo tunapokaa upande huu wote twaona Sen. Kajwang. Heri wale wenzetu ni kama wako kwenye bus, wanaenda safari na Sen. Kajwang amekaa nyuma. Upande huu sisi tumejawa na wingu la simanzi kabisa. Mswahili anakwambia; nyoko nyoko ni kuonana. Kwa hivyo, ile nyoko nyoko ni ile kuonana. Sasa yale mambo yote tulikuwa tunaona Sen. Kajwang labda hivi ama vile, saa hii ndio tumejua kuwa kweli kifo ni kitu ambacho huwezi kukirudisha nyuma. Watamani awe yupo na umwite “Bado mapambano” naye anakwambia “kabisa.” Bw. Spika wa Muda, ni huzuni kubwa kwa watu wa Homa Bay, nawapa pole za dhati. Kwa watu wa Seneti, pole, naomboleza nanyi. Tuko pamoja na tusimkosoe sana Mwenyezi Mungu. Tumwombeni Mwenyezi Mungu ailaze roho yake pahala pema peponi. Mwenyezi Mungu amlaze pale ambapo yeye mwenyewe awepo kwa sababu 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 on behalf of myself and the people of Nyamira, to eulogize a departed colleague. It is often said that today we are but tomorrow we are not. Sometimes they say: “Cheer each day as we may not be available tomorrow.” I know this is a man who has been eulogized not only in Kenya but internationally. He is a human rights activist; a crusader for democracy and a man I never saw get angry. He even criticized the Government even when he was a Minister when he thought things were not right. He is a man who those of us serving our first term in Parliament, have shared a lot. It was only yesterday that I greeted him. Yesterday, he was keenly following the debate on the Bill that was on the Floor. Hardly did I know that a few hours later he will be no more. Mr. Temporary Speaker, Sir, I concur with those who have said that we do not have to critique God because we do not know when we shall leave. We are like passengers in a bus where some alight earlier than others. For us who are remaining, we should follow his dreams, for those of us who understand what he stood for. My colleagues have spoken on most of the issues I wanted to speak to and so the best I can do is to pray for the family so that the Lord Almighty rests his spirit in eternal peace. Thank you.

(Sen. (Dr.) Machage): Hon. Members, we have now come to the end of today’s business. The Senate, therefore, stands adjourned until tomorrow, Thursday, 20th November, 2014 at 2.30 p.m. The Senate rose at 6.10 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.