Order, Senators! I have a Message from the National Assembly on the National Drought Management Authority Bill (National Assembly Bill No.42 of 2013). Hon. Senators, I wish to bring to the attention of the Senate that pursuant to Standing Order No. 40 (3) and (4), the Clerk has delivered to me a Message from the National Assembly regarding the National Drought Management Authority Bill (National Assembly Bill No.42 of 2013). The Message is dated 27th November, 2014. It states as follows, and I quote:- “Pursuant to the provisions of Standing Order No.41 and No.142 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly:- Whereas the National Drought Management Authority Bill (National Assembly Bill No.42 of 2013) was published as a Bill not concerning county governments by the Kenya Gazette Supplement No.160 of 15th November, 2013 and whereas during the consideration of the Bill on 12th November, 2014, the National Assembly introduced and passed amendments the effect of which made the Bill to be a Bill concerning county governments in terms of Article 110(1)(c) and Part II of the Fourth Schedule to the Constitution. Now therefore, in accordance with the provisions of Article 110(4) of the Constitution and Standing Order No.142 of the National Assembly Standing Orders, I hereby forward the said Bill to the Senate, the effect of which is to seek the concurrence of the Senate to the said Bill as passed by the National Assembly.” The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Who has any documents to lay on the Table? Sen. (Dr.) Kuti, you know what to do. Proceed. REPORT ON THE LEVEL OF PREPAREDNESS OF THE BUSIA AND MALABA BORDER POINTS IN RESPONSE TO THE GLOBAL EBOLA CRISIS

Mr. Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the House today, Tuesday, 2nd December, 2014:- The Report of the Standing Committee on Health on the Level of Preparedness of the Busia and Malaba Border Points in response to the global Ebola crisis.

I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Standing Committee on Health on the Level of Preparedness of the Busia and Malaba Border Points in response to the global Ebola crisis. RESOLUTION TO HOLD A MORNING SITTING ON WEDNESDAY, 3RD DECEMBER, 2014, PURSUANT TO STANDING ORDER NO.30 (3) (B)

Mr. Speaker, Sir, on behalf of the Senate Majority Leader, I beg to give notice of the following Motion:- 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.

Next Order.

Mr. Speaker, Sir, I rise to make a Statement on a matter raised by the Senator for Uasin Gishu County, Sen. Melly. I do not see him here. I seek your guidance.

Sen. Ndiema, you can resume your seat.

Mr. Speaker, Sir, I have another Statement.

Okay, proceed. NATIONAL POLICY ON GMOS

I have a statement that was sought by Sen.(Prof.) Lesan regarding Genetically Modified Organisms (GMOs)---

Order, Sen. Ndiema. I appreciate your enthusiasm to respond, but Sen.(Prof.) Lesan is not in the House yet. So the same fate applies.

Okay, Mr. Speaker, Sir. Actually, I had three Statements to issue. The other one is for Sen. (Prof.) Lonyangapuo. He is not also here, but I will do it when they come.

Sen. (Dr.) Kuti.

Mr. Speaker, Sir, I have about four statements to make but none of the people who sought those questions are present in the House. I wonder whether I should wait.

Order. You are not spending quality time of the House. If they are not there, they are not there. You will realise that we have a lot of business. That is good for us.

Mr. Speaker, Sir, with your permission, I want to take this opportunity to thank you and the Senate. I am doing this in my capacity as the Chairman of the National Committee for the Funeral for the late Senator for Homa Bay County, Sen. Otieno Kajwang. I really want to register our appreciation as a Committee and on 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.) Zani, you may proceed.

Mr. Speaker, Sir, on behalf of the Chairman of the Committee on Education, I have statements that are ready. One had been requested by Sen. (Eng.) Muriuki on engineering degree courses. I see him in the House. With your permission, I can proceed with that statement. There are others from Sen. Chelule and Sen. Mositet. I am ready to proceed with the Statement from Sen. (Eng.) Muriuki.

Proceed, Senator. NON-ACCREDITATION OF THE TECHNICAL UNIVERSITY OF MOMBASA BY ENGINEERS BOARD OF KENYA

Mr. Speaker, Sir, this is a brief on a statement regarding accreditation of Technical University of Mombasa Engineering programmes as requsted by Sen. (Eng.) Muriuki of Nyandarua County. Mr. Speaker, Sir, pursuant to Standing Order No. 45(2)(b) of the Senate, I wish to table the Statement requested by Sen. (Eng.) Muriuki on accreditation of Technical University of Mombasa Engineering programmes. I wish to state as follows; Mr. Speaker, Sir, the Standing Committee on Education convened a meeting with the Commission for University Education on 4th, September, 2014, to deliberate on matters concerning accreditation of universities and engineering programmes in Kenya.

Order, Senator. We do not want those details of your meetings. Tell us the issues and what was agreed.

I can summarise the issues.

Yes, do so.

We managed to talk to both the members of the Commission for University Education and members of the Engineering Board. The issue was that there were students who, despite having taken engineering courses at the Technical University of Mombasa, could not be absorbed. This is because the professional body, which is the Engineering Board, said that they had not gone through the specific process. One of the issues was the courses that they had taken. Another issue was that, when the university was accredited, that was done by a mother university. By that time, the Technical University of Mombasa was standing on its own. The issue was, what do we do with these students who already professionally have the paper work but they cannot be accepted within the professionals? At that meeting, we found a way forward, specifically, what the Board will do in due course; First, they told us that they had informed all the universities that they should not offer any university courses for which they have not received specific accreditation for, and they need to engage with the Commission on University Education to ensure that information is given about which courses they can proceed to teach. 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.

Senator, conclude.

I have concluded. Thank you Mr. Speaker, Sir.

Whose Statement was it? Proceed Senator.

Mr. Speaker, Sir, first of all, I thank the Committee on Education although they have taken quite a long time. Nonetheless, thank you very much for delving into the issue. Mr. Speaker, Sir, maybe the Vice Chairperson can tell the House; the dilemma we have is that we have those students and it is good to say some arrangements will be done. Perhaps, the Vice Chairperson can tell us, what are those specific arrangements? Can you table either a document or something which shows that the students who have now graduated in engineering as well as other courses - but my concern was engineering - what are those particular interventions? If they are courses, are they happening at a particular university? Mr. Speaker, Sir, I had also asked the Vice Chairperson to give us a list or a schedule of the various universities and the courses which are not accredited as of now.

Chair.

Mr. Speaker, Sir, I thank Sen. (Eng.) Muruiki for that question. What we decided is that we need to have both long-term and short-term measures to ensure that this problem does not recur. One of the long-term measures is that there will be direct engagement from the Commission for University Education and the specific 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. (Eng.) Muriuki.

Mr. Speaker, Sir, maybe after I peruse through that document, I may come up with one or two issues. However, there is still one issue that the Vice Chairperson is not answering about the various courses which are being offered now. If I got her correctly, that is what will happen in future. We are saying that there are students, and this question is on students who have already graduated and they are out there. What are we doing about them? If it is a course, what is the exact arrangement? Are they going to a particular university? What are you doing because they have already graduated but they cannot be registered and cannot work because of that hitch. What are you doing about those who have already left?

Mr. Speaker, Sir, the specific way forward for those who had already graduated is a process which will require engaging to find out exactly where the gap was. The gap is not uniform across the board. What the Engineering Board said is that they are going to do investigations. At least, they decided that these students will do bridging courses to top-up and fill the specific areas where there was a shortage. Therefore, investigations are going on to find out where the gap is and then, specific courses will be offered. They have given us a duration of about six months to engage in that process. They will then advise about the specific place where the affected students should go. Probably, it will be to the mother university which, for the Technical University of Mombasa, was Jomo Kenyatta University of Agriculture and Technology (JKUAT) so they can have a process to fill in the gaps there so that they are not completely locked away from the market due to the fact that they have degrees which they cannot utilize. Therefore, they will do bridging courses so that they can be registered by their professional body and practise as engineers. 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. Kivuti.

Thank you, Mr. Speaker, Sir. There are issues listed on the Order Paper for me to respond to. To save the time of the House, three of them do not require an immediate answer. The first one on IDPs in Nyandarua, we checked our records and do not seem to have any question from Sen. (Eng.) Muriuki Karue which touches on our Committees.

Order, hon. Senator. I only allowed you to talk about the statement by Sen. Musila. Respond on that one and forget the rest. PROPOSED ALLOCATION OF LAND AT KANYANYOONI TO THE NATIONAL INTELLIGENCE SERVICE IN KITUI COUNTY

On the statement by Sen. Musila, so as to save time, instead of reading the entire document, I will go to the observations that were made by the Committee. I would like to report to the House that following the question by Sen. Musila, we had a sitting which was attended by the Senator, the Governor for Kitui County with his officers and the National Intelligence Service (NIS). The only people who did not come were the National Land Commission (NLC) who later sent their observations. After listening to all submissions from all the sides, the Committee decided to seek a legal opinion on the legal matters that are contained in law, particularly on the position of who is entitled to bring matters relating to trust land and we got a summary of all the opinions that we had. These are contained in our Report on page 14. The observations we got which are in two pages are that; despite the new Constitution coming into force in August 2010, the County Council of Kitui and other local authorities continued to exist by virtue of Section 18 of the Sixth Schedule of the Constitution which provides that all local authorities established under the Local Government Act Cap 265 existing immediately before the effective date shall continue to exist subject to any law that must be enacted. (b) The NIS applied for the allocation of land at Kanyonyooni in the year 2011. (c) The County Council of Kitui approved the requests during a meeting of Education, Housing and Social Services Committee on 15th November, 2011 and confirmed the same in a full council meeting held on 24th November, 2011. (d) When allocating trust land to the NIS, in 2011, the County Council of Kitui was under obligation to comply with Article 63(4) of the Constitution of Kenya which provides that community land shall not be disposed of or otherwise used except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively. (e) Parliament not having enacted the registration envisaged in Article 63(4) of the Constitution, the law applicable to the setting aside part of the trust land is the Trust Lands Act, Cap 288 of the Laws of Kenya. 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, Chairperson. Move fast.

The Committee requests the Senate; (a) to adopt the observations which I have just read; and, (b) to fast track the enactment of the Community Land Bill, 2014 so as to give effect to Article 63 of the Constitution which requires Parliament to enact legislation specifying the nature and extent of the rights of members of each community to community land. The Community Land Bill is already in this House at Second Reading. (c) We should resolve that no further transactions should be undertaken by the NIS on the proposed allocation of 400 acres of land at Kanyonyooni, Kitui County until the matter is resolved. I thank you.

Senator Musila, I will ask for your indulgence. We will proceed with this matter after voting. Just check your notes. Order, hon. Senators, I hope you have your Supplementary Order Paper. We will now go to Order No.10. Are you following, hon. Members? We will go to Order No.10 and then we move to Order No.9, 8 and then 15. Order, hon. Senators, I will repeat. We will go to Order No.10, 9, 8 and then 15 and the rest will follow. Order No.10 is on Division. Hon. Senators, I have just remembered I did not put the question but it does not negate the vote because I had already said that we are voting on Order No.10. 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, Senators! The results of the vote are as follows:-

Next Order!

Hon. Senators, I am of the opinion that instead of putting the question after every Bill, we can consider the two and then take the question together. If there is no opposition to the proposal, we can go to the next Bill. We are going to take the two questions together. Can the Division Bell be rung for a half a minute? I think we have the numbers.

Can the doors be locked and the bars drawn?

You can now log-in. Any assisted voters should approach the Temporary Chairperson. We will start the voting with the Government Proceedings (Amendment) Bill (Senate Bill No.10 of 2014).

I will now put the question that Clause 2, Title and Clause 1 be part of the Bill. You have 30 seconds to vote starting now. Hon. Senators, the voting time is over. This is now time for assisted voters.

The results of the vote are as follows:-

Hon. Senators, we will proceed immediately to vote on the Persons with Disabilities (Amendment) Bill (Senate Bill No.24 of 2014).

I now put the question that Clauses 2, 3, 4, Title and Clause 1 be part of the Bill. You have 30 seconds to vote. You can now log-in and start voting. 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.

The results of the vote are as follows:-

At this point, we revert to the House before we take the next amendment which is quite long. We shall first report to the House.

We have consulted and decided that we just proceed to the next Bill. Therefore, the mover of the Government Proceedings (Amendment) Bill, Senate Bill No.10 2014), Sen. Mutula Kilonzo Jnr., you can proceed. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Chairperson. I beg to move that the Committee do report to the Senate its consideration of the Government Proceedings (Amendment) Bill (Senate Bill No.10 of 2014) and its approval thereof without amendments.

seconded.

Sen. Sang, I think you were moving the Bill.

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration on the Persons with Disabilities (Amendment) Bill (Senate Bill No.24 of 2014) and its approval thereof without amendments.

Hon. Senators, we are still in the Committee of the Whole to consider The County Assemblies Powers and Privileges Bill (Senate Bill No.14 of 2014). Yes, Sen. Chelule. You are requesting. Is that a mistake?

Yes, it is a mistake.

Yes, Sen. Musila.

Madam Temporary Chairperson, I think there is some problem with the system. I did not ask for the Floor.

It was reflecting. If the two of you then logged in by mistake, there are no further requests. We will proceed.

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

Order, Members! Sen. Wamatangi. Let us listen to the proposed amendment. Proceed, Senator.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 26 of the Bill be amended in paragraph (b) of sub-clause (1) by inserting the words “threaten, use abusive language” immediately after the word “assault” appearing at the beginning of the paragraph. Madam Temporary Chairperson, under paragraph (b), the Committee, after doing the public hearings, felt that the acts mentioned there are not comprehensive enough. So, the words that we are adding are “threaten and use of abusive language” as one of those prohibited acts. I beg to move the amendment.

Madam Temporary Chairperson, I want to add my voice on the amendment proposed by Sen. Wako. I hope that with this law, we shall stop the anarchy in the county assemblies. This is because I have seen many instances where decorum and proper etiquette, befitting members of a legislative institution, is not observed in county assemblies. Quite often, disagreements on the basis of arguments are settled rather inappropriately; in manners which are not civil and do not become of members who should deserve the title “honourable.” I hope that this law, once it takes effect, will be strictly applied to make sure that county assemblies become bona fide legislatures at the county levels and members of these assemblies realize that there is a culture and etiquette associated with debating in such assemblies. I beg to support.

I see two other requests. Sen. Musila, you have logged in again. Is it a mistake?

Madam Temporary Chairperson, I have logged in because I like the proposed amendment. You are aware of the notorious behaviour of civic leaders, particularly when they are fighting or threatening. Therefore, I want to urge my colleagues to support this amendment, so that even a threat will constitute an offence. Thank you, Madam Temporary Chairperson.

Madam Temporary Chairperson, I support the amendment. This amendment was actually proposed by a Committee of Clerks all over the country, to the extent that the work of members of staff of the county assemblies has been threatened by persons holding the positions of Members of County Assemblies and other members, including speakers. They are threatening members of staff and using abusive language against them. 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! You cannot start deliberating on Clause 34 before it is moved.

Madam Temporary Chairperson, I beg to support.

I do not see any further requests. I will now put the question that Clause 26 be amended as proposed by the Chairperson of the Standing Committee on Legal Affairs and Human Rights. We will not do a division now. Let us proceed to Clause 34 and then we will take them together.

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended in Clause 34 by inserting the following new sub-clause immediately after sub-clause (1)- (1A) Where an offence is suspected to have been committed under section 26(1)(b), the Clerk shall make a request to the Director of Public Prosecutions to take such action as may be appropriate. Madam Temporary Chairperson, I think the amendment is self-explanatory.

There is a late request by Sen. Mutula Kilonzo Jnr., but I will grant it.

Thank you, Madam Temporary Chairperson. In order to enforce the amendment to Clause 26, it was felt that it was important to ensure that there is a mechanism for reporting abuse or any threat against a member of staff in the county assemblies, through their clerk, to the Director of Public Prosecutions. This is because protection is also enjoyed in the Bill by Members of the County Assemblies (MCAs) I beg to support.

I will put the question; that Clause 34 be amended as proposed by the Chairperson of the Standing Committee on Legal Affairs and Human Rights. Again, I request that we do not take the vote. In the interest of time, let us proceed to the First and Second Schedule. 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.

Since there are no requests, we will now move back to take the vote on all of them; Clause 26, Clause 34, First Schedule and Second Schedule; and Clauses 3 to 39, excluding 26 and 34. In the interest of time, we will vote on all of them together. Let the Whips tell us whether we have the requisite number. Ring the Division Bell for one minute.

I now wish to announce the results of the Division.

We will proceed immediately to vote on Clause 34. You can log in and start voting.

I now wish to announce the results of the Division.

We will now proceed to vote. 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 now wish to announce the results of the Division.

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the County Assemblies Powers and Privileges Bill (Senate Bill No.14 of 2014) and its approval thereof with amendments.

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered the Government Proceedings (Amendment) Bill (Senate Bill No. 10 of 2014) and its approval thereof without amendments.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said Report.

seconded.

(Sen. (Dr.) Machage): I will put the question since this is not a county matter.

Mr. Temporary Speaker, Sir, I now beg to move that the Government Proceedings (Amendment) Bill (Senate Bill No. 10 of 2014) be now read a Third Time

seconded.

(Sen. (Dr.) Machage): I will now put the Question. Let the Division Bell be rung for 30 seconds.

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. Senators, I order that the doors be closed and the bars drawn. You can now proceed to vote.

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

(Sen. (Dr.) Machage): Yes, what is it?

Mr. Temporary Speaker, Sir, voting in Parliament and voting in the Senate is a serious and sacred matter. When we go to vote from time immemorial - Victorian Times - once the bar is drawn all the doors are locked. Whoever is not in the Chamber has excluded themselves from voting. Did you see the bar was drawn, the door swung open and colleagues walked right in? That is highly irregular, unprocedural and you may wish to look at Erskine May on what they say about voting and the meaning of drawing the bar.

(Sen. (Dr.) Machage): Indeed, that is a big anomaly and this is an issue that should require disciplinary action on the Serjeant-at-Arms. However, since this is the first observation, I beg that you be warned never to repeat. Assisted voters, please move.

(Sen. (Dr.) Machage): Order! Hon. Senators. The results are as follows:-

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered the Persons with Disabilities Amendments Bill (Senate Bill No.24 of 2014) and its approval thereof without amendments.

Mr. Speaker, Sir I beg to move that the House do agree with the Committee in the said Report.

seconded.

I see no interest. Therefore, I put the question.

Mr. Temporary Speaker, Sir, I beg to move that The Persons with Disabilities Amendment Bill (Senate Bill No.24 of 2014) be now read a Third Time.

Seconded.

(Sen. (Dr.) Machage): Let the Division Bell be rung for 30 seconds. Draw the bars and close the doors.

(Sen. (Dr.) Machage): I wish to announce the results of the Division as follows:-

Mr. Temporary Speaker, I beg to report that a Committee of the Whole has considered the County Assemblies Powers and Privileges Bill (Senate Bill No.14 of 2014) and its approval thereof with amendments.

Mr. Speaker, Sir I beg to move that the House do agree with the Committee in the said Report.

I second.

(Sen. (Dr.) Machage): I see no interest. Therefore, I put the question.

Mr. Temporary Speaker, Sir, I beg to move that The County Assemblies Powers and Privileges Bill (Senate Bill No. 14 of 2014) be now read a Third Time.

seconded.

(Sen. (Dr.) Machage): Let the Division Bell be rung. You have 30 seconds. Vote now.

(Sen. (Dr.) Machage): I would like to announce the results of the Division. The results are as follows:-

(Sen. (Dr.) Machage): Sen. Chelule, I see your request for a point of order. No? Order, open the doors and withdraw the bars. Next order!

Mr. Temporary Speaker, Sir, I beg to move:- THAT, pursuant to Standing Order 30 (3) (b) the Senate resolves to meet on Wednesday 3rd December, 2014 at 9.30 a.m. to transact business. 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, Senator. We have previously passed even more than that. What bad repute are you trying to project to the Senate?

What I am trying to say is that we are doing better today.

(Sen. (Dr.) Machage): Then say it that way.

I have said that I am relieved because today, we have done three Bills as opposed to Motions which we used to have previously.

(Sen. (Dr.) Machage): Nobody chases around the Jubilee Government. The Opposition just does its work.

Mr. Temporary Speaker, Sir, I will take note of that. However, the reason why I moved this Motion is because whereas we may wish to proceed on Christmas vacation, it is very necessary that we finish at least certain businesses. As Members will appreciate the listing which was in today’s Order Paper, it was a tall order for each and every committee and we are not likely to finish all of it---

(Sen. (Dr.) Machage): What is it, Sen. (Dr.) Khalwale?

On a point of order, Mr. Temporary Speaker, Sir. The Senator for Embu County is a very experienced politician. It is amazing that he talking his own things. We believe that he is referring to Motion No.8. He has not moved it.

(Sen. (Dr.) Machage): Order, Sen. (Dr.) Khalwale. Do you expect Sen. Kivuti to say what is in your mind? Say what you want to say. Continue.

Mr. Temporary Speaker, Sir, he has not moved the Motion. He is just talking his own things. He should move the Motion. After moving the Motion, he can then talk his things.

(Sen. (Dr.) Machage): Sen. Kivuti.

Mr. Speaker, Sir, I beg to move the following Motion. THAT, pursuant to Standing Order 30 (3) (b) the Senate resolves to meet on Wednesday 3rd December, 2014 at 9.30 a.m. to transact business.

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.

(Sen. (Dr.) Machage): Sen. Kivuti, sit down. Two of you cannot stand at the same time.

Mr. Temporary Speaker, Sir, you may have overlooked the fact that there was a Statement which was issued by the distinguished Senator on the Floor and it was put aside. The Speaker informed the House that when we finish the voting that we have just finished, we will go back to that Statement of Sen. Musila which was issued by the distinguished Senator for Embu County. We had issues to take on that Statement. I do not know if you have set it aside altogether or you will come back to it because it was to come immediately after the voting.

(Sen. (Dr.) Machage): I am privy to that and the decision of the Chair is that, that will be the first item tomorrow morning if you pass this Motion. Continue Sen. Kivuti.

Thank you, Mr. Temporary Speaker, Sir. I beg to move that pursuant to Standing Order No.33 (b), the Senate resolves to meet on Wednesday 3rd December, 2014 at 9.30 a.m. to transact business. I will request the Senate Minority Leader to support.

Mr. Temporary Speaker, Sir, the distinguished Senator for Embu is mixed up, but we forgive him since for the last two weeks, I have not been seeing him in the House. Mr. Temporary Speaker, Sir, this Motion is a product of the Rules and Business Committee (RBC) in which I and other Senators sit. It was informed by the fact that we have a backlog of work that we need to dispose of before we go for the mandatory Adjournment for the Christmas recess. We have, in fact, intended in the RBC that we sit tomorrow morning and afternoon. In the event that we do not reduce the backlog, we will move another Motion to sit on Thursday morning and Thursday afternoon. But in view of the unfolding events and the miserable failure by the Jubilee Regime to handle the security situation in the country and the massacres that are going on and so on and so forth, and their propensity to probably engage in more unconstitutional things if the House is not sitting, we may very well by Thursday move that we extend our sittings for another week, but that will come at that time. For now, I support the Motion and urge the House to agree that we sit tomorrow morning at 9.30 a.m. then in the afternoon and possibly on Thursday morning and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Temporary Speaker, Sir. Whereas the Senate Minority Leader is purported to be seconding me, he is using derogatory words on the Mover of the Motion.

(Sen. (Dr.) Machage): Order! I did not hear the Seconder mention your name at all.

Mr. Temporary Speaker, Sir, I belong to the Jubilee Regime and I moved this Motion on behalf of the Senate Majority Leader of the Jubilee Government, and the Jubilee Government has not failed. Today, we have even nominated an ODM Member for appointment as a Cabinet Secretary.

(Sen. (Dr.) Machage): As I listened to the point of order that was being raised by the Sen. Kivuti, I heard him talk of a Jubilee Regime. I order that this evening you look at the definition of the word “regime” and if that is what it means, then the Senate Minority Leader was very right to talk the way he talked. You are out of order.

Mr. Temporary Speaker, Sir, I am a Member of the RBC and, indeed, I agree with the Senate Minority Leader that this Motion is predicated on the fact that we are about to go on recess. But now knowing the developments that have taken place in the country and what the Government has done in reaction, the country is in a state of crisis. The people in Mandera cannot contemplate the Senate or the National Assembly going on recess when there is a crisis. In view of what has happened by the national Government nominating a Member of the National Assembly to be a Cabinet Secretary, there is going to be a process and that process is going to take place in circumstances in which I would want hon. Members to consider Articles 240 and 241 of the Constitution which state that in circumstances when there is a crisis in the country and there is need to deploy the armed forces in Kenya in any way, the authority of Parliament is required. Whereas I would have not contemplated opposing this Motion, but for it to be heard that this Senate contemplated going on recess---

(Sen. (Dr.) Machage): Order, Sen. Orengo. What you are talking about is not on the Floor of this House. The Motion before us is very straightforward. This Chair is not privy to any Motion in this House about recess.

Mr. Temporary Speaker, Sir, you have absolutely misunderstood me. This Motion is predicated on the fact that we are going on a mandatory recess on Thursday and both the Mover and Seconder have alluded to that fact in support of this Motion. I am trying to plead with you that it would be a tragedy for this Parliament to contemplate going on recess on account of what is happening. I am trying to persuade the House and I think the hon. Senator will agree with me because a lot of times we agree on matters of this nature when the country is in a crisis or something goes wrong. 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): There is a point of information. Do you want to be informed?

Mr. Temporary Speaker, Sir, I would like to inform Sen. Orengo – I fully agree with what he is saying – is that this Motion is without prejudice to any intended adjournment on Thursday. It is only limited to sitting tomorrow morning and in my seconding, I also said what he is saying; that we may rethink the mandatory recess on Thursday in view of what is happening.

(Sen. (Dr.) Machage): I could not have put it better. Proceed.

Mr. Temporary Speaker, Sir, in reaction to that information which I welcome, unfortunately when somebody is giving you information to make a case against the case you are trying to make, then it is not very useful information despite the fact that he is my leader. It cannot be gainsaid why we want this House to sit tomorrow morning and yet tomorrow morning, we are supposed to have committee meetings. For example, I sit with the Senate Minority Leader in a very important committee. It means that that committee cannot meet tomorrow because of the way we have organized the business of the House. There are so many other relevant committees that I think are also important and intend to sit tomorrow. There is also a Motion which is coming in relation to the things which are happening in Mandera. I was talking about the Senator for Nyeri, Sen. Kagwe. In his observation of what was happening in the country two weeks ago, he said that it could be sabotage from within and I heard it very loud. Now what he predicted seems to be true because people are taking responsibility now. It is not somebody in the opposition who is being taken to court for creating war like activities or anything; it is from within that we are having a crisis. It should not be seen that we are sitting an extra morning or day because we want to go on recess. It should come out very clearly that now, things being what they are, this House will remain sitting until we think that the national Government is handling matters of security in a manner that will ensure that the lives and property of every Kenyan from wherever they live or operate, is fully protected. Mr. Temporary Speaker, Sir, with those many words, I beg to oppose.

On a point of order, Mr. Temporary Speaker, Sir. Following the point of order by Sen. Orengo, I would seek your guidance if, indeed, what Sen. Wetangula said that the RBC might be considering deferring the adjournment. If that is on the cards, then it may not be necessary to have the morning meetings because we will have other sessions. Could he clarify that, that is, indeed, what they want to do?

(Sen. (Dr.) Machage): Although that point of order has come late, it is important. I will ensure that some light is shed on that because that will inform the decisions by Members in this House on whichever side they vote.

Mr. Temporary Speaker, Sir, the views I gave when seconding the Motion were purely personal. However, as a leader in this House when I make such views, they carry a lot of weight. That we on this side, and I believe that the distinguished Senator for Mandera County to whom we send our very sincere condolences for the massive loss of lives in his constituency and county The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

With all due respect to the Senate Minority Leader, I do not think that you have in your many certificates, psychology being one of them; the ability to read somebody’s mind.

Mr. Temporary Speaker, Sir, you may have noticed that the distinguished Sen. Njoroge was smiling approvingly to what I was saying. As I said, the views were mine. On a serious note even if we sit tomorrow in the morning at 9.30a.m, which does not bother me in either way, the adjournment on Thursday should not be on the cards in view of what is happening in the country; the security challenges we are facing and the panic mode in which we see the Jubilee regime now in.

(Sen. (Dr.) Machage): Sen. Wetangula, it is your Committee that will make sure that such a Motion is on the Order Paper. I do not see why you are preempting that here. As far as this Chair is concerned, we are discussing a matter of either sitting tomorrow from 9.30a.m or not. I pray that you limit yourselves to that because the calendar of this Senate is well known to everybody. However, we have the powers to change it if we think it is necessary. Let us not go into that. If that will be necessitated by the events that have occurred, it is common sense. The unfortunate thing is that common sense has never been common.

Thank you, Mr. Temporary Speaker, Sir. I rise to strongly oppose this Motion for two reasons. That we are going through an unprecedented situation in this country. Not during the eras of Presidents Kenyatta Mzee or Kenyatta 1, Moi and Kibaki has this country ever seen this kind of insecurity. I expect that anytime from now, therefore, the President might choose to exercise the powers in the Constitution which provides for him to declare a state of emergency in Mandera or any other part of the country. However, he cannot do so, without the approval of Parliament. Therefore, if we start entertaining Motions which are premised on the assumption that we are likely to go on recess, we are saying that we will deny the President the opportunity to exercise that very important role in the Constitution. The second reason I oppose this Motion is because of the provisions of Article 145 of the Constitution. So that my contribution flows, may I refer to Article 145(1)? It says:- “A Member of the National Assembly, supported by at least a third of all the Members, may move a Motion for the impeachment of the President- (a) On the ground of a gross violation of a provision of this Constitution or of any other law.’’ Having said that, it then also enjoins the Senate in Article 145(3) on what the Senate would then be expected to do should a Member of Parliament in the National Assembly successfully move a Motion in the National Assembly on impeachment. 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 issue of security is a very serious matter. As leaders in this country and Senators, foremost as political leaders in this country, it behooves us at this time when there is a crisis - whoever is the President is not the issue. It is time to lead the way. That is what it calls for. It does not call for us to talk of some of those things that Sen. Khalwale is talking about. Is he in order to mislead the House that once we go on recess, this House cannot be recalled any time by the Speaker if there is a matter? We have done that so many times, one of them is when he was involved in the impeachment of a governor. That is not a reason for opposing this Motion.

(Sen. (Dr.) Machage): Order, you are now spoiling. He was out of order before you made your last statement. Indeed, dear Senators, the reason why the RBC came up with this Motion was to create more time to debate and dispose of many of the Bills and Motions that we have. We are now spending so much time that we intended to have discussing this very straight forward Motion. I now see eight Members who want to contribute on this. I will call for a vote on this. Do we have to discuss it really and spend all this time? Anyway, I am tied also by the rules of this House that as much as Members would want to discuss this, I have no obligation, but to accept. If Members can withdraw, I will be happy. However, for the time being, let us listen to Sen. Mutula Kilonzo Jnr.

Mr. Temporary Speaker, Sir, I am a little concerned, as we are discussing whether we should sit tomorrow morning, the hon. Senators are busy walking out. Likewise, as we were voting, Members were busy walking. Would I, therefore, be in order to suggest that if we are going to discuss this Motion, we dispose it off immediately and find a method of informing the Members whether or not we will meet sitting tomorrow morning?

(Sen. (Dr.) Machage): Very well. Could you move that? It is also your right to move if you want that to be done. Do you want to move?

Sorry, Sen. Khalwale had not yet finished. I beg your pardon. After Sen. Khalwale, I will limit this contribution to two minutes.

Thank you, Mr. Temporary Speaker, Sir. Because of the seriousness of the organs of the State, it is, therefore, important for us to send the right 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. In view of the fact that this is Procedural Motion, would I be in order to request you to put the Question, so that we make a decision on the matter, because there are more critical issues to be discussed?

(Sen. (Dr.) Machage): I will now put the question.

(Sen. (Dr.) Machage): Sen. G.G. Kariuki was on the Floor, but he is not here. Sen. Wako, do you want to contribute?

I am on a point of order, Mr. Temporary Speaker, Sir.

(Sen. (Dr.) Machage): Be careful as you execute that point of order.

Mr. Temporary Speaker, Sir, I rise under Standing Order 39(2) which says:- “Business shall be disposed of in the sequence in which it appears in the Order Paper or in such other sequence as the Speaker may, for the convenience of the Senate, direct.”

(Sen. (Dr.) Machage): What is not in order?

Mr. Temporary Speaker, Sir, under the Supplementary Order Paper, there is a Motion by Sen. Billow. Are we on that one?

Yes!

I want to move---

(Sen. (Dr.) Machage): Order! Order, Sen. Wako! I may not force you to follow the proceedings of the House. But we will not be pulled back because of your inattentive behaviour. So, you are out of order, unless you have a different point of order. We are on Sen. Billow’s Motion.

I am sorry. I heard that you---

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

I think the HANSARD will bear me out. You said Order---

(Sen. (Dr.) Machage): Order! Order! Who would wish to contribute? Sen. Mutula Kilonzo Jnr.

Mr. Temporary Speaker, Sir, I think there is a mistake because I am the one who seconded the Motion.

(Sen. (Dr.) Machage): Very well. Sen. Yusuf Haji.

What is it again, Sen. Billow? 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, the Motion now on the Order Paper is an amended Motion of the original one that I moved. Could you give guidance whether those of us who contributed to the Motion before the amendment can actually contribute now to this amended Motion?

(Sen. (Dr.) Machage): That is quite in order.

Excellent. Could I be given a chance to contribute?

(Sen. (Dr.) Machage): I have already appointed Sen. Yusuf Haji.

Mr. Temporary Speaker, Sir, I wish to support the amended Motion. This afternoon, there has been some change in the leadership of the national security organs. However, I do not think that those changes will resolve the issues of security which are facing this country. First, I want to congratulate hon. Nkaisserry for being nominated to the docket of Internal Security. We have been together in Parliament for the last 15 years. He was also my Assistant Minister for five years. He is a very well experienced and versed in security issues. As a military man, he was involved in the South Sudan negotiations before Gen. Sumbeywo came into the scene. Also, he has been very active in the Amani Forum. This shows how concerned he is about the security of this country. I wish him well in his new position. But it is my view that the removal of one or two officers from positions will not help this country at all.

Mr. Temporary Speaker, Sir, we know what happened on 28th November, 2014: 28 Kenyans were butchered mercilessly by the Al Shabaab in Mandera. The officers on the ground should have been more cautious about the security of the Kenyans who are in that area. It is saddening to know that these recent 36 people were only two kilometres away from the military barracks, the police and Administration Police in that area. Did they not think that the 36 people who were killed could have been targeted because of being either Christians or from upcountry? Could they not have posted officers to provide security to these people at the quarries? Why should they not re-locate them to their town and give them security? These people have caused murder. All the senior officers in Mandera, whether they are in the army, or in the county government, they should be held responsible for last night. All of them should be sacked, with the loss of all their benefits. These are the people who are on the ground and should have been conscious of what is likely to happen. If they have done that in Mandera, it can happen anywhere in this country. It has happened in Kapedo, Lamu and other places. The officers who were supposed to manage the security of the areas for which they are responsible should not be spared. The Government should now wake up to its mandate and responsibility of ensuring that no more life is lost in the manner in which lives have been lost. We can understand if many people died in road accident. We cannot blame anybody, but we can 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, it is Somalia not Sudan.

Sorry, into Somalia. The purpose of that was to hit the snake on the head because at that time the Al Shabaab had already begun infiltrating Kenya, causing damage to churches, malls and everywhere else. We felt that if we went across the border into Somalia, we would be hitting the snake on the head and, therefore, these incursions would be reduced. However, it appears that we have not quite succeeded there. In fact, as you can see, incursions and incidences have increased rather than reduced. I am supporting this Motion because this is part of the reason this continues to occur again and again. When an incident has happened, let us stop, analyze, take a post mortem and know what has caused it to happen and know what the failures in the security system have been. This is the only way we can take corrective measures. Mr. Temporary Speaker, Sir, I was personally very happy when his Excellency the President announced after the Westgate attack, that he would form a commission of inquiry to look into it and take corrective measures. As we know, that never happened. America is what it is today on issues of security because of the action that President Bush took when there was an attack on the 11th of September 2011. President Bush formed an equivalent of a commission which went into it and made very sweeping recommendations to overhaul the entire security system. They came up with homeland security which now brought together more than almost 200 different agencies in the law enforcement and intelligence gathering. Prior to that, each of these 200 agencies did not know what each was doing. Although there was some information somewhere about that attack, it was never shared with other agencies. Therefore, no corrective action was taken. The homeland security was constituted to look into that and to make sure that there is an effective mechanism against terrorism attack. This House has passed a Motion by the Senate Majority Leader on issues of security. The Motion more or less called for creation of a metropolitan police for Nairobi. I believe in that Motion a number of contributions again were made, that maybe part of the weaknesses in the security system is lack of a clear command authority. It was The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senator! Sen. Mutula Kilonzo Jnr. has an intervention.

Mr. Temporary Speaker, Sir, at the risk of interrupting the Chairperson of the Committee on Legal Affairs and Human Rights, Sen. Wako has proposed that this Motion, includes a joint committee of the Senate and the National Assembly, but that is not part of the Motion. Is he in order to make those assertions unless he is proposing we amend the Motion?

Mr. Temporary Speaker, Sir, I am not proposing to amend the Motion and I am not saying that we are now having it. I am saying that once we endorse this Motion and when it is presented before the National Assembly in the near future on this very issue, ways should be found in which both committees can come together so that we have one committee of Parliament looking into this important national issue. Mr. Temporary Speaker, Sir, Sen. Mutula Kilonzo Jnr. should be a bit more careful because his ears are better than mine. This is what I was saying. I believe Sen. Mutula Kilonzo Jnr. will support in this sentiments that on this important issues, we should avoid quarrels between the National Assembly and have confidence building measures. That would be us the Senate Committee together with the National Assembly Committee to come together and conduct this particular investigation. It is, indeed, a very sad day that this has happened. With those few remarks, I beg to support.

Mr. Temporary Speaker, Sir, I also stand to support this Motion concerning matters of security in our country. This country is bigger than all of us. It is time that Kenyans take time and seriously find the cause of all these happenings. It has happened in Mandera within a short time. It is painful. We cannot afford to witness such incidences any more. It is a responsibility of all of us leaders in this country to seriously find the root cause of these happenings. It is time that a commission is established to look at our territorial borders. Could there be a dispute with our neighbours? What is happening is very disturbing. We cannot afford to lose people in this manner any more. The women of Kenya suffer labour pain. When they want to enjoy the prime age of their children, somebody comes to massacre them. This is very painful. We cannot afford to be joking around with this issue. It is not a laughing matter because it is affecting our economy and also our relationship with our neighbours. It is our responsibility and it is a challenge to every leader in every country. I want to take this opportunity to congratulate the President for the appointment of hon. Maj-Gen. Nkaisserry to this docket. I also regret that Mr. Kimaiyo has gone home. He is not the cause. We should find out where the problem is. We should not joke with this issue. There must be a plan which we do not know, but we will find out what it is. Sen. Billow has asked three questions and they should be addressed seriously. We cannot live like this. It is becoming scary and yet we have to develop this nation. However, when we are going through this day in, day out, it will not be possible. We are The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir. I rise to support the Motion. Sen. Wako said something very important regarding what we are experiencing. He said that in order for the security forces to perform their activities properly, there must be a proper chain of command. As Sen. Haji said, there must be a proper authority which inspires good morale in the security forces. The security apparatus of a capitalist state is a disciplined, professional organisation where they look after the security affairs of the state; that means the security of the people and their properties and they leave the business of making money or wealth to capitalists. Capitalists are prepared to pay for this professionalism. When you mix up the two, where professionalism is now mixed with business and speculation, you immediately break down the authority and command system in the security apparatus of the state. When you get the security apparatus mingled in politics, like we started in 2007; the Administration Police (APs) getting mixed up in elections and in 2013; the military getting mixed up in elections, the capitalist state fails. That is when you begin having what we call a failed state. I want to call a spade a spade and not a big spoon. This is the beginning of a failed state. Where the command system is failing, there is no authority and professionalism by the law. People are now using the apparatus of the state for businesses rather than professionalism. You cannot give orders. How is a solder going to chase after Al Shabaab and lose life when they know that the man sitting in authority is making money and burning charcoal in Somalia? Let us not beat around the bush. Let us see where the problem is. I was one of the first people very early on, last year, to call for pulling out of the KDF from Somalia. We had gone there on an emergency basis to make sure that we hit these people at their base and come back, but we overstayed. After going to Somalia, we were reading in the news about Kismayu and so on. They kept on staying and getting our soldiers mixed up with local affairs. This has now come to visit us. Unless we look at these things squarely on the face and say that this is where the problem is, we shall be dealing with the symptoms and not causes. In social sciences, we are told that if you are going to solve a problem, look for the causes and not just the symptoms. That happens in all the branches of sciences. Mr. Temporary Speaker, Sir, recently we saw in the hiring of the police and military a complete confusion. How do we expect ordinary soldiers who know that the people have been recruited on basis of nepotism and not professionalism, to respect their seniors? Do you think that a man who has been recruited because he is the uncle or son of so-and-so is going to fight? He could just be coming for a sinecure. If you then take a few people to Kiganjo and train them for six months, bring them back and say that after 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 want to start by sending my heartfelt condolences to friends and Members of the families of the 39 victims of the second Mandera massacre. I also want to, at this early stage, congratulate our President for sacking ole Lenku and Kimaiyo. To him, I say, this is too little, too late. Mr. President, did you have to wait for hundreds of Kenyans to be killed right from Bungoma, Likoni, Gikomba, Westgate, Mpeketoni, Kapedo, Mandera I, Moyale, Wajir and Mandera II? This is too little too late. We expected that today, Karangi, the Chief of Kenya Defence Forces should have gone. Karangi must go. Why should he not go? Karangi is the same person whose soldiers are partying everyday in Kismayu. They have abandoned the primary reason that took them there. They are selling charcoal and sugar and, in the process, killing the sugar industry in Kenya and the President sees nothing wrong with that. We expected the Director of Criminal Investigations Department, CID, Ndegwa Muhoro to go. Today, I want to proudly apologise to the President for having faced him in a function in Bungoma when I told him to see what he saw this morning. I am not sure whether I should apologise or request him to invite me for a cup of tea, so that I occasionally give him advice. That was good advice. Had he acted that time, the 39 youth who have died – you have pictures – are children of the less privileged, those who work in the quarry. These are not children of Ministers, Presidents, Deputy Presidents, Senators and what have you. 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. Did you hear Sen. Khalwale saying that the NYS is now a military institution? Could he substantiate that? I thought we knew the different functions of the NYS? Does he have the latest information concerning the functions of the NYS?

Mr. Temporary Speaker, Sir, with all due respect to Professor, we were told at medical school that when you become a professor, you become learned in such a small area that you forget everything else. Please, when you are a politician, know the world and live in this country. I want to congratulate the young activist---

On a point of order, Mr. Temporary Speaker, Sir. Is Sen. Khalwale, the doctor, in order to evade responding to my earlier point of order? He needs to substantiate this because most Kenyans, including myself, may not know this. He said that the NYS, where many of our youth have gone for some training so 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, the distinguished Senator from Baringo should read the dictionary meaning of the word “paramilitary.” I want to use this opportunity to congratulate the young activists who on Tuesday last week occupied Harambee Avenue. We created pressure and the same cowards said that we had been paid by foreigners to occupy the avenue. We occupied Harambee Avenue because of the children who had died in Mandera. We occupied the avenue because of the police officers who had died in Kapedo. That was an act of patriotism. If anything, the only thing it cost me, now I can reveal is that I spend Kshs15,000 to buy coffins which were blocked before they arrived there. I wanted to make a big statement that we had coffins that we would use to burry people. There was no foreign money. The issue of politicising the war on terror is something for which the President should also bear blame. The President was in Mpeketoni and politicized the war on terror by saying that it was being attributed to local political networks and ole Lenku followed it very closely saying that CORD was recruiting Mungiki and members of the Mombasa Republican Council (MRC), so as to cause instability and

were laughing all the way to the bank. Mr. Temporary Speaker, Sir, I thank you and I say Kenya must move out of Somalia because even the US moved out of Iraq, Vietnam and Somalia. This will not be an act of cowardice. Move out, you have finished your work. With those few remarks, I support.

There is quite a lot of interest from other Senators. This is a timed Motion where we were supposed to finish by 6:08 p.m. However, considering that almost all Senators who have not spoken want to speak and again, I will want to give the Mover some time to speak, I feel we should reduce the time to five minutes. We can give each and every Senator a chance to speak.

Yes! Yes!

Mr. Temporary Speaker, Sir, how many Senators do we have?

Quite a number. We are talking of about nine. Maybe using the Chair we can do it up to 6.30 p.m. so that each and every person can get a chance. Let us do five minutes.

Thank you, Mr. Temporary Speaker, Sir. Most of us are not very endowed or knowledgeable about matters or intricacies of security. Right now, we, as Kenyans, are lost. Sometimes, it is easy for us to speak as Jubilee or CORD members, but Kenyans are lost as to what the Government is doing about security in this country. This particular Motion is focused on Mandera and Kapedo. However, when I look at it, we really have to go further than that. Right now, it is okay to focus on those two incidences, but make a report as the Mover has requested, we have no doubt we shall agree. When you look at it you realise that we really need to get to terms with ourselves. Mandera is bad enough. An incident happened and Government said it killed so many Al The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Mr. Temporary Speaker, Sir. I rise to support this Motion. Mr. Temporary Speaker, Sir, we have little time, but I want to make a few points. First, it is about the arrogance which the agents of terror are showing in Kenya. With regard to places which have been attacked, including Mandera, Al-Shabaab is sending a message saying that they can attack any time anywhere at their moment of choice. I am saying so, because the attack in Mandera; the ones which have happened in the last ten 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 also stand to support this Motion. I want to appreciate my colleague who has brought this Motion here on this very sad day where citizens of his county and other Kenyans have lost their lives. I also send my condolences to the families of the departed souls. Dealing with security is a very difficult issue. I know that at this very moment, people like Kimaiyo are at their lowest ebb; he is feeling embarrassed. I know that Kimaiyo has been in the police force for close to 35 years. In the past, he has served this country as best as he could. Something must have gone wrong to the extent that an officer of his calibre has been forced to resign. I am sure this is not the person of Kimaiyo, but the institution he was serving. We must start to question ourselves how our institutions are using our officers; whether they are experienced or inexperienced. Our institutions are, perhaps not getting the best out of the officers that we have had. Mr. Temporary Speaker, Sir, we have had to go the full cycle. Before, we also had a general from the army heading the police force. He performed well, but it is unfortunate that we have to let Kimaiyo who I believe tried his best to serve his country, go. It is unfortunate that his best was inadequate for the purposes of today. However, we want to commend and thank him for the good service rendered to the Republic of Kenya. The United States of America (USA) went through a similar difficult situation like we have in Kenya with regard to insecurity. There was the September 11th bombing of the World Trade Centre as one of those difficult times. As the two major parties in the US; the Republicans and the Democrats addressed the issue of insecurity in that country, you could hardly tell the difference between the political parties in that country. We would really like to go that way in this country where we do not see any line drawn between the parties in the Opposition and the parties in Government. This is one area where we should demonstrate solidarity and face our security challenges. Mr. Temporary Speaker, Sir, in Nigeria, it reached a situation where Nigerian soldiers ran away from the Boko Haram . We do not want to get to a situation where our forces will be demoralized to that level and behave unprofessionally. Unfortunately, if we get to that level, we will not be able to operate. I want to encourage our forces to be professional and patriotic because dealing with security issues is very difficult because it even puts the lives of those officers in danger. Lastly, we cannot fight terrorism in this country without intelligence. We should know their plans well ahead so that we can deal with them. We cannot fight terrorism with only iron. We should know that what we are facing in this country has got international dimensions. Therefore, we should call upon our friendly countries so that we can counter this terrorism.

Mr. Temporary Speaker, Sir, when I listened to Sen. Haji speak with strong words and emotion, I realized that we have a serious problem because he normally weighs what he says. That touched a raw nerve. The distinguished Senator for Garissa speaks volumes. In countries like Israel, the United States and many European countries, when the country is going through a crisis like this, the Government of the day reaches out to the opposition to close ranks and solve the problems of the country, or at the very least, discuss, appreciate and offer solutions. Here we have a Government that is a know-it-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.

Are you proposing an amendment?

Mr. Temporary Speaker, Sir, it is up to the Mover to decide. Even when we give the Committee an opportunity, in the interest of the nation, they can go beyond what we have said. We can invite the Committee in the “Lower House” to twin with our Committee and work together. It is not difficult. We will do that because the Chairperson of the Committee that I belong to is right here with us. Mr. Temporary Speaker, Sir, when J.M. Kariuki was murdered those were the most difficult times. It was under a most frightening regime in the history of this country. Parliament constituted a Committee chaired by the late Elijah Mwangale and found the killers of J.M. Kariuki. I am sure that this Committee can find the culpability of those responsible; name and shame them and remove them from public office. Mr. Temporary Speaker, Sir, I beg to support.

Hon. Senators, under Standing Order No.30(1), I will extent the sitting of the House, so that I can allow all those Members who want to speak to do so. Each Member will speak for five minutes.

Mr. Temporary Speaker, Sir, I also want to support this Motion. From the outset, I want to send my condolences to the people of Mandera, the Senator for Mandera and the families of the people who lost their lives. Indeed, it is shocking and unbelievable. It is a loss, not only to the people of Mandera, but to the whole country. Those who lost their lives come from all over the country. Even if they came from Mandera, they are Kenyans. So, we should start looking at this country as a Kenyan nation. The only way we can fight insecurity is by approaching the issue from a united front. If we continue all the time pointing fingers, I think we will be losing the way. As the President said the other day, security is for all us. Whenever measures are put in place 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!

I beg to support.

Let us try to finalise so that we can give the Mover time to reply.

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity so that I may also make my contributions to this Motion. Let me join my colleagues in expressing my condolences to the bereaved families in Mandera I and Mandera II. As you are aware, in Mandera II, the county of Kisii where I am a delegation to this Senate, lost ten citizens. This country is burning from Mandera, Wajir, Garissa, Lamu, Nairobi and Mombasa. This country is burning from the north to the south and from the west to the east. Our mothers are wailing because they have lost their children. Our women are being stripped naked in public. Our wives have become widows and our children have become orphans. This country is burning and I am wondering why. This country is burning because of poor leadership, poor institutional framework in terms of managing and coordinating security. This leads me to think - I read somewhere that the Emperor of Rome, Nero, was playing the fiddle while Rome was burning. I hope that Kenya will not end up in such a situation. Mr. Temporary Speaker, Sir, I welcome the changes that have been made on the change of guard in the Ministry of Interior and National Coordination. However, I want to agree with Sen. (Dr.) Khalwale that it is too little too late. I am saying this because 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.

Your time is up!

I support.

Mr. Temporary Speaker, Sir, I want to support this Motion. From the outset, I join in mourning of the loss of lives of Kenyans in Mandera. The attack in Mandera is an attack on Kenyans and our country. This is a call that it is not business as usual. We must design ways and means of defending our country because we are under attack. The organs that are supposed to provide security have not performed to our expectation. The people in charge of security must be held accountable. In situations like this, it is proper and advisable that the root causes and failures are investigated and ascertained. Just removing individuals from office and replacing them with others, with the systems are they are, may not provide solutions. I know Mr. Kimaiyo is a qualified, well-trained and capable officer. However, we do not know whether what has happened is due to his failure or the systems failure. Mr. Temporary Speaker, Sir, equally if we were to get all the officers here, they might as well acquit themselves---

Mr. Temporary Speaker, Sir, I want to join my colleagues in sending condolences to all the victims of these attacks. The Quran asks us; are they equal those who know and those who know not? The truth of the matter in this situation is that the Jubilee Government is clueless on how to combat this sophisticated crime. The arrogance and the nature of the Jubilee Government is not to accept that it does not know and seek the coordination, collaboration and partnership of those who know. The truth is that crime is sophisticated. These are not challenges that other countries have not dealt with. Terrorism is a global threat; it has global partnerships, it has global experts and people who know better. These people have been able to mitigate the threat of terrorism in their countries. We try to hang to our cocoons, tribe mates, regional mates and friends because it is hard for us to admit that where we do not know, we must seek the support of those who know. Therefore, we have pursued a strategy that is outdated, archaic and that is unable to meet the challenges of sophistication of the crime called terrorism. In the interim, we have occasioned ourselves enormous loss. We have also threatened the social fabric of this country and the very existence of this nation by endless insecurity in regions that are hitherto marginalized. I want to join the Senator for Bungoma County when he said that it is important right now to have a bi-partisan approach where people can contribute ideas. It is not true 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 now call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I want to thank all the Members who have contributed to this Motion, including the amendments that have been made which will have the Committee on National Security and Foreign Relations and the Legal Affairs and Human Rights Committee investigate the circumstances under which these incidences have occurred. Also important is that they also need to check whether there were failures in the institutional command or operational structure. Some of the things that many Kenyans do not know is that even when the Cabinet Secretary or the Inspector- General may be meaning well, if the command structures, the people who are actually responsible down in Nairobi all the way to Mandera are not doing their bit, there is likelihood that we may not succeed. I want to take this opportunity to send my condolences to the families of the people who were killed last night in an incident that many of us from Mandera believe was preventable because information was relayed and no action was taken. Even when they called for assistance, an hour even before the first gun shots were heard in town, there was no one from the security forces who went to secure them. Eventually when the gun shots started and everyone in town said: “These people must be killing those people, can people go and help?” There was nobody until morning. So, from 2.00 a.m. when that place was surrounded and the first report was raised, nobody went to assist until 6.00 a.m. when there was sunlight. Mr. Temporary Speaker, Sir, the people are a very worried lot. There is a lot of anxiety. People are dissolutioned because if these incidences are happening every day, and do not forget there have been explosions almost every other day before that, there is a lot of anxiety. People are fearing because there are messages from the Al Shabaab that they are, in fact, going to attack the town. I mentioned here last week when I moved the Motion that there were reports that the intelligence have got that these people are even threatening to attack the town. That is how serious this matter is. With all the public servants leaving and the level of insecurity, we are concerned that Mandera might become a ghost town if this situation continues. 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. Mositet) I will add you two minutes.

Mr. Temporary Speaker, Sir, the issue of community involvement is quite critical. If you look at what happened in Iraq, you will see that Americans had to get some people into their side by influencing the local leadership. This is the same thing they did in Afghanistan. You cannot, just by throwing artillery, succeed. You must involve the local leadership. We are members of Parliament. We have local leadership on the ground. If seven days after that bus attack, we have not even had an opportunity to sit with the Inspector General of Police or the Minister; that shows that nobody bothers about the leadership on the ground. This does not mean that we have no ideas. Everyone here has ideas, particularly the local leadership. These people pass through communities so as to enter places. They must have ideas and it is important that the Government officials who are in charge of the security docket engage with the leadership. This is very important. There is no way the status quo can continue on the ground with regard to the security situation. If with all the information, explosions keep on happening, there is need to overhaul the local administrative and security structure that is on the ground. 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.

This Motion, under Standing Order No.72 does not concern counties. I, therefore, put the Question.

Hon. Senators, it is now time for interruption of the Business of the House. Therefore, the Senate stands adjourned until tomorrow, 3rd December, 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.