Order Senators! I have one Communication to make on the demise of Hon. George Mukuru Muchai. Hon. Senators, as you may be already aware, on the morning of Saturday, 7th February, 2015, the Hon. George Mukuru Muchai, Member for Kabete Constituency, together with his two bodyguards and a driver, lost their lives when they were attacked by armed thugs along Kenyatta Avenue, Nairobi. Records in Parliament indicate that the late Hon. George Muchai was born on 22nd July, 1949. He attended St. Michael Primary School between 1956 and 1963 and Highway Secondary School, Nairobi between 1964 and 1967. He obtained a Certificate in Electrical Installation Trade Test from the Railway Training School in 1974. Later, the late Hon. Muchai attended the Kenya Polytechnic where he was awarded a Certificate in Electrical Installation Technology. He thereafter undertook several courses on labour matters, regionally and internationally. The late Hon. Muchai was an active and vibrant labour unionist, having been elected as the General Secretary of the Bakery, Confectionery, Food Manufacturing and Allied Workers’ Union in 1984, a position he still held until his demise, owing to his passion for and responsiveness to the needs of the people he represented. His empathy and humility largely endeared him to the workers of this nation and saw him overwhelmingly elected as the Deputy Secretary General of the Central Organization of Trade Unions (COTU) in 2001. Indeed, he never lost an opportunity to air the problems that befall the masses, especially workers, whom he continued to represent for the last three decades. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. Allow me to pass my condolences to the family of the late Hon. George Muchai, the bodyguards and the driver. On Saturday morning on my way to Makueni County, I happened to find this terrible incident at about 6 a.m. I was extremely shocked by the manner in which a Member of Parliament lost his life in one of the busiest streets in the City of Nairobi. It is also appalling that the persons who caused the death of this Member of Parliament managed to escape again through the streets of Nairobi to an unknown destination. It was a very chilling event. Mine is to condole with the family, but insist that there are too many stones that have been left unturned in this county on persons who have died. It is not enough to say that we, the political class or the elite, are under danger. The fact of the matter is that it is not enough for this country to pass so many security laws when people are losing their lives like the way that Member of Parliament lost his life. No Kenyan should lose his life the way Hon. Muchai lost his life. However, what is more disturbing are the reports in the newspapers today. Why are the police investigating crime through the press? They are suggesting that, in fact, this cold-blooded murder was as a result of carjacking so that they can start poisoning the minds of Kenyans; so that we do not continue asking questions as to why these people just walked to his car and instead of carjacking him, they shot him and then walked away. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I would like to use this opportunity to pass my sincere condolences to the family and friends of our departed colleague. I had a unique opportunity to work with the late Hon. Muchai in the last Parliament before we came to this House, when we were creating laws to give effect to Article 162(2), which provides that Parliament, through legislation, shall create courts that will have the same strength as the high court to listen to matters of employment and labour relations. We worked with him and the Secretary-General of the Central Organization of Trade Unions (COTU), Mr. Atwoli, sometimes beyond midnight. He struck me as somebody who really had the interest of the workers at heart. For this reason, when I learned about his being gunned down on Saturday morning when I was at Bukhungu Stadium attending a bull fighting function, I felt so bad. Mr. Speaker, Sir, I want to appeal to Kenyans that, please, do not kill us. Why are you now killing us yet you elected us and we represent you? Do not kill us! If it is money you are being given to kill us, please know that, that money they might be giving you is the very money that they get from you through corrupt practices that we fight them for. I want to appeal to Kenyans not to kill us. Mr. Speaker, Sir, just like hon. Mutula Kilonzo Jnr. has said, it is very sad that the newspapers now want to create a threat through a theory so as to bring the country on board. Today, they are saying that it was carjacking; carjacking? Carjacking means that the guy who is attacking you is doing so to take your car either to go with you or to eliminate you and go away with your car. The people they are referring to – and I do not want to doubt what the police are saying through the media – are reported to have carjacked some two ladies on the outskirts of Nairobi and carried them in the boot. Be it as it may, but if they are the same people they want us to believe carjacked Hon. Muchai, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I also want to take this opportunity to condole with the wife, children and relatives of the late Hon. George Muchai; the wife and children of the two police officers and the driver who were attached to Hon. Muchai; I also want to condole with the people of Kabete Constituency for the loss of their MP. I also want to extend my condolences to the Jubilee Coalition; we have lost one of our comrades in the political circles. Generally, I would want to condole with Parliament, especially the National Assembly because we have lost one of our own. Mr. Speaker, Sir, just like the other Senators have said, this is something that has shocked all of us, first because George Muchai was a well known Kenyan. He is one of the outgoing generation of trade unionists who have done a great job in this country – to fight for the rights of workers and the underprivileged in our society. George Muchai, Francis Atwoli, Francis Ng’ang’a and the late Ambrose Adongo are people who have made tremendous impact in terms of defending the rights of workers and confronting the forces of capitalism that have tried to make the vast majority of our people to live in squalid conditions. Therefore, as we mourn Hon. George Muchai, we are hoping that since that generation of trade unionists is aging, we will want to see new leadership. For me, that is the greatest challenge we have in the trade union movement. We would want to see new and fresh blood, people who can take over in the generations to come when we have the unfortunate things like what we are confronted with at the moment. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Bw. Spika, wingu la mauti limetanda tena kulifunika Bunge hili. Kumpoteza mmoja wetu wa Bunge la Kitaifa sio jambo la furaha. Siwezi kujitapa kwamba nilimfahamu kwa utu marehemu lakini alijulikana Kenya nzima kwa utekelezaji wake wa kazi hasa akiwa kiongozi kwa vyama vya wafanyikazi. Alikuwa mcheshi na mtu mwenye busara. Umri wa miaka 66 ni umri wa mtu aliyekomaa, asiyeogopa na aliyefika wakati wa kuwaongoza watu na kuwapa ushauri akiwa bado na nguvu kwa uzee wake. Tumepokonywa kiongozi huyu akiwa na askari wawili wamemzunguka wakiwa na bunduki mbili, yeye mwenyewe akiwa na bunduki. La ajabu ni kwamba muuaji aliwapiga risasi moja kwa moja bila hata risasi moja kutupwa kujikinga. Jameni, ingekuwa ni jambo la hirizi, tungezitupa. Lakini ni maajabu kwamba jambo lile limetendeka akiwa na askari wawili ambao tunaamini kwamba walikuwa wamepate mafunzo ya kutosha kwa kazi yao ya uaskari. Lakini ni kudura ya Mungu kwamba haya huwezi kuyasema, kifo chako kikifika, kimefika. Juzi, Kamati ya Usalama na Maswala ya Kigeni ya Bunge la Kitaifa ilisema kwamba inataka muuaji atajwe kwa masaa kadhaa. Kama wanamjua, kwa nini wasimtaje? Wamtaje badala ya kupoteza muda wakingoja atajwe na wengine. Vile 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.

Muda wako unayoyoma!

Nashukuru, Bw. Spika. Nazitoa rambi rambi zangu.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to eulogize a close friend. I send my condolences to the family of my brother, the late Hon. Muchai, his two body guards and his driver. I have known Hon. George Muchai for over 25 years, when I acted for him and a group of his then young trade unionists, Francis Atwoli, Okwara and others. He has since remained a very close friend. The incident of his shooting reads like a gangland movie where somebody just walks to a car and pumps off bullets into people without any resistance. This is an event that must be condemned, more particularly that it happened as his family was watching in a vehicle behind his car. The trauma that the family must be going through is beyond anybody’s comprehension. Mr. Speaker, Sir, as this has happened, there is bound to be a lot of speculation, rumours, half-truths and so on. I want to take the opportunity to urge the ongoing investigation by the police to avoid sending wrong signals and red herrings like we are seeing. How can the police tell us that two women were hijacked, tied up in the boot of the car, heard gun shots and those gun shots must be the ones that killed Hon. Muchai, from the boot of a car? This is foreclosing an open investigation. We want the investigators to have an open mind, follow every lead and avoid investigating a matter of this nature in the Press. They can give updates on what they are doing but they cannot act the way they are acting. It will probably make those who shot our brother to sit and enjoy themselves, knowing very well that the police are headed in the wrong direction. Mr. Speaker, Sir, the case of Hon. Muchai is a case for the whole of Kenya. We have heard many cases and I am quite sure that the day Hon. Muchai was shot, many other Kenyans elsewhere were shot by thugs. The country has been taken over by armed criminals, shooting and maiming people at will and all we see is the Jubilee Government pretending that the problem with security is about the law and not about the lack of the will to enforce the law that is already there. The killings in Mandera did not happen because there was no law; the shooting of clerics in Mombasa is not because there has been no law; the killing of Hon. Muchai is not because there is no law; it is the lack of the will to enforce the law. I saw some footage today on Citizen TV in which the police, who themselves said they “teargased” children on Lang’ata road and even dismissed one of their own, now coming up with a new footage saying that it is an activist called Irungu who teargased the children. When such things happen, the public starts losing faith in the security apparatus in the country. The police work under very difficult circumstances. They are poorly paid, poorly housed, poorly equipped and unappreciated, among other things. However, within those difficult circumstances, they can do better. We want to urge that security for Sen. 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. Speaker, Sir. From the outset, I wish to join my colleagues in condoling with the families of the late Member of Parliament, Hon. Muchai, as well as his colleagues; the bodyguards and his driver who were killed with him. The assassination of Hon. Muchai leaves us cold in our bones. This illustrates that in effect, we are not safe. None of us is safe if the late Hon. Muchai, with his two bodyguards, in the middle of Nairobi streets can be killed, never mind the reason why. The problem as it were is that in the history of our nation, normally assassinations are not solved. If today we are asked who assassinated the late Dr. Ouko, we will have no answer. We do not know who assassinated J.M Kariuki and we do not even know who killed the late Ronald Ngala. We hope that this time round, the story will not be the same and that we will, indeed, find out and unravel the reasons why and who killed the late Hon. Muchai. This is also a good time for those who are spending money like the Nairobi County and the Ministry of Interior and Coordination of National Government to note that the amount of money we have spent on technology and Closed Circuit Television (CCTV) cameras in and around Nairobi is worth spending. At the very least, we should see those assassins on television even if they are wearing masks. We should, as a nation, see the footage of what is recorded on CCTV. If we do not see that footage, somebody must be answerable and tell us why we cannot see the footage when the CCTV had been installed. We should see what has happened since installation and what we should expect in future because we spend a substantial amount of money in installing those CCTV. We should also be asking ourselves, particularly the people sitting in this House and the Members of the National Assembly about the degree of training of the persons that we sit with in our cars who are our bodyguards. Not too long ago, Sen. Munyes was shot in the foot by a gun that fell by mistake. He was shot by somebody sitting with him in the same car. I do not want to demean or to judge how Muchai’s bodyguards behaved because they are already gone. However, we must ask ourselves questions: Do you have a relative of yours sitting in your car who came from the Administration Police section and has not been trained as a VIP bodyguard? I want to illustrate something. I have some training in this area because I was a Member of the Kenya Police Cadets. I went with a bodyguard to a shooting range and when my bodyguard fired the pistol, we all went flat on our stomachs because it was wild shooting. I say this very seriously because we should be finding out whether the bodyguards we have go for retraining. It is mandatory, for those who understand firearms, to go for training, at least, every 14 days. They are supposed to go, clean the guns and shoot with 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. Hon. Members, we would like to conclude this by 3.30 p.m. We have been operating on a five minutes limitation of time. However, I will reduce this to three minutes.

Thank you, Mr. Speaker, Sir. It is sad for somebody to die. It is sad when that person dies suddenly and it is even worse when a person is killed right in front of their family members. The psychological effect on the wife and the daughter of the late Hon. Muchai is something that has to be dealt with because, indeed, they will suffer. We know that a father is the protector of a family. When a father is shot that way, we are left with no other hope that you have somebody to protect you. I take this opportunity to condole with the family of the late Hon. Muchai and the families of the two bodyguards and the drivers who were also killed. That morning, I was shocked. When I woke up, I prepared to go to Voi for a Jumuiya ya Kaunti za Pwani meeting. My guard came running to me and warned me to be very careful because things had worsened in this town. He then told me that an attack had happened at the Nyayo National Stadium Roundabout. Later, I found out that this had happened around the General Post Office (GPO). I passed there at about 5.00 o’clock and was shocked by the vehicles that had gathered there. For me, the reality was that somebody had been shot. That was not just somebody but an hon. Member who had a lot of protection. That sent a lot of shivers down my spine. I said work must continue and we have to do what we must. However, the sense of panic and that of not being safe is something we share in this country. Notwithstanding the CCTV cameras we have, we have not seen any footage of what happened. There is technology, I think, that can unmask those who are masked. If we have CCTV which is working, then we should get to the bottom of this as the Committee at the National Assembly said. We need to get to the bottom of this matter. Unfortunately, this has become rhetoric. This is what we always say. One of the cartoons in yesterday’s Daily Nation Newspaper captured that very well. We come out to say that we will not leave any stones unturned and that we will get to the bottom of the issue but this does not happen. We want to see it happening. We want it to come to an end. We cannot continue to live with this level of impunity and insecurity. Insecurity is escalating in this country. Things are deteriorating more and more with each passing day. Rather than make an improvement, we are moving backwards. We had dealt with street children who posed as a security threat. However, we are now seeing them coming back to the society. I would like to take this opportunity to say that the young man who died while saving the woman who was being mugged, those are the heroes we need in this country.

Your time is up, Senator.

Mr. Speaker, Sir, however, everyone is so scared because we do not know where the next bullet is going to come from. We need the heroes. We need 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.

Sen. Kembi-Gitura.

I thank you, Mr. Speaker, Sir. I wish to join my colleagues in sending condolences to the families of the late Hon. George Muchai, his two bodyguards and the driver. On Friday early evening, I met Hon. Muchai and we spent a short time together when he introduced me to his wife, children, sister-in-law and his niece. So, it came as a very big shock to me when early the next morning, I learned that he had passed away, not in natural circumstances but at the hands of criminals. I want to join my colleagues in condoling with the family and also with the people of Kabete Constituency whom he served so diligently for the time that he was a Member of Parliament (MP). When we talk about the security of this country, I find it ironical that we are talking about the security of Very Important People (VIPs). I think when we talk about security, it should be about the security of every citizen of this Republic. It becomes worrying that we, as leaders, are talking about our own security because I think that should be the last thing. We should talk about the security of this nation. Are the laws that we are making good enough for our security? Is it enough to keep blaming the Jubilee Government which has been there only for a short time? Are we taking full responsibility for ourselves; for the security of this nation? I think those are the questions that we need to ask ourselves so that all of us together can work for a better and more secure country. That way, we will not continue losing people like George Muchai, his bodyguards and driver in such unfortunate circumstances. Mr. Speaker, Sir, while agreeing with my colleagues who have spoken before me, the police should do what they are employed to do. It is unfortunate that every time we open the papers, we are reading about the investigation of the murder of Hon. George Muchai, what has been done, what has not been done and what could be done. What we expect to see from the Police Department is results. We want to be sure that the people who killed our friend and colleague, George Muchai, are going to be arrested and face the full force of the law. We do not want to have speculations in the papers, which I agree with my colleagues, could be sending red herrings, wrong messages or making us become dubious or doubtful about what is going on. It is an indictment on the part of the police for us to be reading about anonymous people talking about how our colleague died. It is unfortunate that the four families are mourning at this time and the police are not giving us any indications but telling us about speculations, which are just nothing more than speculation. As I conclude, I wish to join my ---

Order! You have concluded. Sen. Muthama!

Asante, Bw. Speaker. Naungana na wenzangu kutuma rambirambi zangu kwa mke wa mwendazake, marehemu George Muchai, watoto, jamii na vile vile watu aliowakilisha Bungeni. Pia, natuma rambirambi zangu kwa watu aliowakilisha katika Muungano wa Vyama vya Wafanyikazi. Wakati watu wamekufa The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I would like to pass my condolences to the family, the wife, children and the extended family of Hon. George Muchai. I also extend my condolences to the people of Kabete Constituency and all the affected persons who knew the Hon. Member in person. It is shocking when you know very well that somewhere, less than 200 metres from this great House of Parliament, just near Harambee House, near the supposedly protected Nyayo House, just less than 20 metres from Nyayo House and in the full glare of cameras and street lights, that one can be killed and the killers would go away unnoticed, unarrested, untamed and no action is taken. The question one would ask himself is: “Why did the policeman who was guarding Nyayo House not even try to run after the killers or perhaps try to find out what was happening?” Nothing has been said to that effect. Is it that our policemen or security people are trained to remain as stooges in places where they have been put? There must be something wrong. I know there are a lot of accounts that have been provided for in the newspapers; that it could be this or that. My colleagues have spent a lot of time trying to use it as if it is the correct account. I take it with the errors that sometimes come with reporting. We want to be told the truth about what exactly happened to the honourable Member. We want to see, like in the Hon. Were’s case, that people are arrested and convicted. We do not want to have situations where mysteries are continuously surrounding the situation. 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. Speaker, Sir, I stand to add my voice to the condolences to the late Hon. Muchai’s family and friends for the untimely demise of this great son of Kenya. While saying so, let us ask ourselves one fundamental question: Why is it safe to walk in the streets of Kampala, Addis Ababa and Kigali at night when Nairobi is not that safe? We do not need to send our security officials to London or New York to learn how to make sure that we are safe in our country. Our neighbours are examples and we should learn from them. All the time, the Criminal Investigation Department (CID) says that it will leave no stones unturned. The stones are now tired. They have been waiting to be turned for all these years and none of them has been turned. Speaking on their behalf, I must say that we should not cheat stones that we shall turn them when they will not be turned. Mr. Speaker, Sir, people have mentioned names of Kenyans who have been gunned down in broad daylight. I remember, when Shem Onyango alias Kwega was gunned down in Kisumu at 10.00 a.m. Not too long ago, a young man called Odek up here in Eastlands was gunned down in broad daylight. Every time people are gunned down, there is a promise that something will be done. We have not heard anything about Shem Onyango; we have not heard anything about Odek’s killers and now it is our colleague. Obviously, there must be something wrong about the security forces themselves and their methods of keeping security. Of course, Sen. Murkomen has said that one of the things that are ailing the nation is the search for wealth all the time that compromises professionalism and commitment to duty. Indeed, the police force in Kenya is not paid any higher than those in Uganda, Ethiopia or Rwanda. This is not a question of salaries nor do they lack the equipment that policemen in Ethiopia, Uganda and Kigali have. They have equal equipment, I would say, or even less than ours. It is important that we make sure that we interrogate how security issues are carried out in this country. We should check the professionalism of our security forces and the line of authority that makes it rather difficult for people to obey orders. Indeed, we have now introduced things like Closed Circuit Televisions (CCTVs) in our cities. The CCTVs by themselves will not do anything unless---

Sen. (Prof.) Lesan.

Mr. Speaker, Sir, I also take this opportunity to join my colleagues in mourning our colleague and dear friend. I had the opportunity of meeting The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I stand to join those who have conveyed condolences to the families of Hon. Muchai and also the other members of his staff who were with him on that fateful day. Mr. Speaker, Sir, it is very sad that life could be lost in a matter of minutes through the cruel hands of the criminals. While we are witnessing such an event, it should be noted that in our counties, so many similar events are occurring. We have had cases where even boda boda riders have been hijacked; taxi drivers have been hijacked and sometimes killed for no apparent reason. It would appear that after the incident, no action is taken. We seem to have a security system that does not use technology to detect crime, more particularly forensic technology. We have technology in the world that can detect crime, particularly where firearms have been used. These firearms have been re- used in previous crimes and with proper forensic experts, we can detect and pinpoint the culprits. Mr. Speaker, Sir, such events happening in our cities, particularly Nairobi, send very wrong signals all over the world regarding the safety of our country and city. Hence, sometimes we get wrong classifications of our cities although we are striving very much to promote our country as a tourist destination. Mr. Speaker, Sir, I send condolences to the security officers who died together with Hon. Muchai. In fact, one of them, Mr. ole Motanta, was my neighbour. It is really hurting. I send condolences to the family. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I also add my voice and condole with the family of the deceased Member of Parliament. I also condemn the merciless killing of the honourable Member of Parliament. Mr. Speaker, Sir, ordinary carjacking where people are put into boots of cars and taken round the whole night in Nairobi is a common feature nowadays. Many Kenyans are in boots of cars throughout the night in Nairobi. As far back as in 2005-2006, I remember, hon. Martha Karua was put in a car. This is a matter that has been there. However, what happened the other day was a professional execution of a Member of Parliament by someone who definitely was not an ordinary thug. Mr. Speaker, Sir, how would you explain a situation where someone shoots four people, two of whom are armed, in a split second? This is someone who shot through the windscreens of the car but the windscreen was not smashed. It is amazing the way that thing was done and there is little doubt that it was a deliberately planned and well- executed assassination. Just like my colleagues have said, there is need to motivate our security personnel, particularly the police. It is clear that the police are not motivated; the degree of investigations and the lethargic atmosphere when dealing with them is abhorring. We are being told that the car that was used by the hijackers was picked by the owner without it being dusted for fingerprints. There is need for our security officers to address that issue. I also want to agree with my colleagues who have spoken before me that simply having technology will not be enough unless the police are sufficiently motivated. As it is, they do not have the morale to use that technology. Mr. Speaker, Sir, unless the issue of corruption among the security forces is dealt with, I do not think the mere installation of equipment across this city will lead to elimination of crime.

Order, Senator. Your time is up. Next Order!

Hon. Senators, I have a message from the National Assembly on the Public Service (Values and Principles) Bill, National Assembly Bill No.29 of 2014. 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 Public Service (Values and Principles) Bill, National Assembly Bill, No.29 of 2014. The message which is dated 5th December, 2014 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.

Mr. Speaker, Sir, on behalf of my Chairman, Sen. Wako, I beg to lay the following Papers on the Table of the Senate. 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. Mwakulegwa, go on although I had no indication that you are tabling some documents. REPORT OF THE ENERGY COMMITTEE ON BENCH-MARKING VISIT TO BRAZIL

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate. A Report of the Standing Committee on Energy on the bench-marking visit to Brazil from 6th to 16th September, 2014. REPORT OF THE FINANCE COMMITTEE ON CONSIDERATION OF SECOND GENERATION CRITERIA FOR RESOURCE ALLOCATION

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate. A Report of the Standing Committee on Finance, Commerce and Budget on the consideration of the second generation criteria for resource allocation for 2015/2016, 2016/2017 and 2017/2018.

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

Sen. (Prof) Kindiki. APPROVAL OF NOMINATION OF SENATORS TO SERVE IN VARIOUS SENATE COMMITTEES

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I rise to give Notice of the following Motion:- THAT, Pursuant to Standing Order Nos. 177 and 210, the Senate approves the following Senators nominated by the Rules and Business Committee to serve in the respective Sessional Committees as indicated below:-

Sen. Mutula Kilonzo Jnr. ADOPTION OF LEGAL AFFAIRS COMMITTEE REPORT ON BENCHMARKING VISIT TO GERMANY

Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, this House adopts the Report of the Standing Committee on Legal Affairs and Human Rights on a benchmarking visit to Germany from 5th to 11th October, 2014 laid on the Table of the House today, Wednesday, 11th February, 2015. ADOPTION OF FINANCE COMMITTEE REPORT ON CONSIDERATION OF SECOND GENERATION CRITERIA FOR RESOURCE ALLOCATION

Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, this House adopts the Report of the Standing Committee on Finance Commerce and Budget on the consideration of the second generation criteria for resource allocation for 2015/2016, 2016/2017,2017/2018, laid on the Table of the House today, Wednesday, 11th February, 2015. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, I beg to give Notice of the following Motion;- THAT, this House adopts the Report of the Standing Committee of Energy on a benchmarking visit to Brazil from 6th to 16th September, 2014, laid on the Table of the House today, Wednesday, 11th, February, 2015.

Next order.

Thank you very much, Mr. Speaker, Sir. I rise under the Standing Order No 45 2(b) to seek a Statement from the Chairman of the Standing Committee on Land and Natural Resources regarding the ongoing property development on Land Ref.No.Nairobi, Block 90/599 situated at the junction of Loresho Ridge Road and Kaptagat Road opposite the Loresho Police Post. In addressing the matter, the Chairman should:- 1. Explain why the development has been allowed on the piece of land which houses Nairobi City County offices and which was reserved for a water reservoir by the defunct City Council of Nairobi in the 1970s when the Loresho Estate was being developed. 2. Explain when, if at all, the said piece of plot of land ceased being a public utility land and state when the change of land use from the original purpose to private ownership was effected. 3. Give the name of the developer and the date on which he acquired the title of the piece of land, from whom and at what consideration. 4. Produce documents on the piece of land tracing the origin of the title to the current ownership of the said piece of land.

Is the Chairman or the Vice Chairman of the Committee on Land and Environment in; or any Member of the Committee? I thought I saw the Vice Chairman, Sen. Khaniri, around? Proceed, Sen. Obure.

Yes, Mr. Speaker, Sir, I am a Member of that Committee and on behalf of the Chairman, I wish to state that we will take up the matter raised by the Senator for Murang’a and report back in two weeks’ time.

Senator from Murang’a

Thank you, Mr. Speaker, Sir. I am actually the Senator for Murang’a and not Senator from Murang’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, both apply, Senator from Murang’a comes from Murang’a County

That would likely refer to a nominated Member from Murang’a – in the delegation of Murang’a but not for an elected Senator.

Order, you will not win on this one. A nominated Senator from Murang’a, and even an elected one is still from Murang’a

I stand guided but I prefer to be referred to as the Senator for Murang’a County because that is what I am. The trouble with these two weeks’ time is that, the development is going on; I know there is a court order but the development is going on. I was wondering if there is anything the Chairman can do to have a stoppage of the construction, pending issuance of a comprehensive answer. The issue of land grabbing is so prevalent now that it cannot be allowed to go on. So, may I request the Chairman to see whether he can intervene, in the meantime, so that no development goes on as I await an answer from the Committee.

Sen. Obure

I hear those sentiments. I will discuss them with the Chairman and make that special report---

Order, Sen. Obure. I may also wish to support the Senator in the sense that we have all been told that these records are being digitised. In the light of Lang’ata Primary School, there were orders that all the land should be known and identified. Therefore, it is not too much to ask for your intervention and preferably give the House a Report at least within a week, not less than seven days.

Okay, I will take that challenge. Mr. Speaker, Sir.

Sen. Hosea Onchwangi.

. Mr. Speaker, Sir, I request for a Statement from the Chairperson of the Standing Committee of Education on the planned payment of examination fees for all Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary education (KCSE) candidates for 2015. In the Statement, the Chairman of the Committee should inform the Senate on the following: (a) How much it will cost the Government to pay examination fees for both KCPE and KCSE candidates in the year 2015, (b) whether the planned payment of examination fees by the Government will benefit candidates in private schools; and, (c) what measures the Government has put in place to ensure that the schools will not demand examinations fees from parents.

Is the Chairman of the Committee on Education not here? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, first of all, I would like to thank and congratulate my colleague for the statement that he has asked from the Committee.

Order!

Mr. Speaker, Sir, on behalf of the Committee, I would like to state that we will report back to the Senate in two weeks time, if that is okay with the Senator.

On a point of order, Mr. Speaker, Sir. The second question asked by the hon. Senator in my view is not applicable. He asked how much the Government has voted for examination fees for the year 2015/2016. The Budget for 2015/2016 is yet to be passed by Parliament. Therefore, that amount can only be determined in the Budget.

Order! Order! You are splitting hairs. You know that there is the Medium Term Expenditure Framework (MTEF); there are three years’ estimates. So, it is possible to have a feel of what to project to the next financial year. ENROLMENT OF PUPILS TO FORM ONE AND RELEASE OF FPE FUNDS

Mr. Speaker, Sir, I rise to request a Statement from the Chairperson of the Standing Committee on Education regarding the enrolment of pupils to Form One and the free primary education. In the Statement the Chairperson should address the following:- (a) what criteria was used by the Ministry to enroll pupils who sat for KCPE in 2014 to join Form One in 2015; (b) how the criteria used to admit students to Form One during the 2015 enrolment compares with the previous years; (c) what the statistics of the pupils who sat for KCPE in 2014 are and how many of these missed admission to Form One in public secondary schools; (d) what steps the Ministry is taking to ensure that those who missed out on Form One admission receive the right to education as enshrined in the Constitution of Kenya, 2010; (e) when the Ministry of Education is going to implement the report of Dr. Kilemi Mwiria’s taskforce on secondary education fees, 2014; (f) what steps the Ministry is taking to ensure smooth and timely release of free primary education funds.

Mr. Speaker, Sir, on behalf of the Chairperson of the Committee, I would like to state that we will report back to the Senate in two weeks time.

Mr. Speaker, Sir, towards the end of the last Session, I had requested for two Statements from the Chairpersons of two Committees; the Standing Committee on Energy and the Standing Committee on Land and Natural Resources. I am still interested in getting the answers to those questions. I am seeking guidance on how I can get those Statements given, since this is now a new Session. Do I have to seek the Statements afresh or they will be carried over? 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! Order! Of course, that kind of business, except for Bills, died at the end of the last Session. So, you need to put fresh requests.

Thank you, Mr. Speaker, Sir. I stand guided.

On a point of order, Mr. Speaker, Sir. I am seeking a similar point of order. I requested for a Statement in the last Session. As much as I respect your ruling, there is need to enforce the stature of this House. I was promised by the Chairperson of the Committee on National Security and Foreign Relations severally that, that Statement would be delivered, but it was not issued by the relevant Ministry. If this trend was to continue, then we will be frustrating our own internal processes of the Senate.

Order, Senator! Before you ask for the House to be respected, you need to respect yourself. One, if you are rising on a point of order that has already been canvassed and responded to, why did you have to do that? Secondly, this is the second day of a new Session and you are already imputing improper motives on the Chairpersons of Committees. It cannot be that because some things did not happen last year, it follows that it should also happen this year. So, put your Statement back. All of us know the frustrations of the Chairperson of the Committee on National Security and Foreign Relations and he said as much on the Floor of the House. You also know what we did and there were some responses from the Ministry. It is just unfortunate that yours may not have been responded to, but most of the Statements were responded to. I think it is a bit too early to start doubting ourselves. I am convinced that this is a new year and things are going to be better than ever before. You may be the only doubting Thomas, but it is allowed.

On a point of order, Mr. Speaker, Sir. I do not know whether I understood Sen. Omar very well. But to my understanding, a Member having rested his request with the Committee and the Committee having failed to bring the answer in the promised time, the onus now shifts to the Chairperson, at this opening Session, to say that whereas in the previous Session he had received the following requests and for whatever reasons he had not finished, he now wants to give the Statements. But now it appears like the responsibility lies with the Members. I do not know whether I understood him in the same manner that you did. This is because as we speak---

Order! Order, Senator! I have understood you. You did not understand him and that is your problem.

Order! He actually understood you, but he is misleading you. Sen. Khalwale is a Senator of good standing in this House. He even has the history of how we have amended the Standing Orders. Before the amendments, you could not bring a Bill straightaway. You had to go through the process of Motions and so on. We changed that. Likewise, all businesses died at the end of the Session, but since then, we have changed that. We have said that Bills can continue, but for Motions they all die. So, the onus is no longer on the Chairperson to bring to us a dead matter. What was there last year disappeared. If the Member still thinks that, that matter is important to him, then he has another opportunity 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. Speaker, Sir. I am seeking guidance from you. Where a question has been asked and a Statement has been given to the person who has asked the question and it has not been read in the House for some time, what are we supposed to do? Would I be in order to propose that either the Statement is then sufficiently done because the person who asked the question has got the answer or we enforce that as soon as the Statement has been given to the questioner, as Sen (Dr.) Khalwale would say, we ask the person who gave the Statement to read it?

That is slightly different from what is here. The bigger issue that we are dealing with is just time. Is this a new Session or not? Whether you did all the things that you have stated in the last Session, they do not apply now. If the Member still wants to put the question, it is a new Session and he can do so. If he is satisfied with the answer you gave him, we have no problem. It does not have to come to the Floor. However, if he insists that the answer should come to the Floor because that is where he sought the Statement, I think that he is entitled to receive it in the Plenary. I hope that I am clear.

Sorry, Mr. Speaker, Sir. I think you lost me at some point. I think you said that it dies but it is half-dead. It is still breathing because you have the Statement. All that remains is for the Statement to be given on the Floor of the House. In that case, I think the Statement should actually be read by the person. Otherwise, it remains the property of one individual instead of the property of the House.

In fact, I am absolutely clear. Whether half-dead or three quarters dead, it is dead. It died with the death of the last Session. If the Member still wants the matter to be brought, he needs to make the request afresh on the Floor. You respond as and when you will respond even if it is the same answer. As far as I am concerned, it is a new Session and the Motions must now be started afresh. It does not help your matter when you determine whether the patient is comatose or fully dead. Next Order, please.

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I beg to move the following Procedural Motion:- THAT

On a point of order, Mr. Speaker, Sir. Could he clarify whether the Motion is attempting to allow Members to contribute for at least 20 minutes? I can see in writing that it is 15 minutes. Could he clarify whether he wants us to be speaking for 15 minutes as it is written here or for 20 minutes as it is now on record in the HANSARD?

What did you say, the Senate Majority Leader?

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, maybe he did not get me clearly. The Mover always has more time as well as the responder. Those ones will have 20 minutes. However, every Senator will have 15 minutes from 10 minutes.

Thank you, Mr. Speaker, Sir. I stand to second the Motion moved by the Senate Majority Leader. This is very necessary because for Members to ventilate on issues critically, in depth and for us to add value, we need to give Members more time. Without wasting time, I say that 15 minutes is sufficient for us. With those few remarks, I beg to second.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to move the following Procedural Motion. THAT, notwithstanding the provisions of Standing Order 100(4), the debate on any Motion for the adjournment of the Senate to a day other than the next normal sitting day in accordance with the calendar of the Senate shall be limited to a maximum of two hours with not more than 15 minutes for each Senator speaking after which the Senate shall adjourn without question put; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I want to second this Motion as proposed by the Senate Majority Leader. Many a times during debate on the Adjournment Motion, Members have to honestly almost scramble – let me put it that way, maybe you will get it – because of the timing. In fact, increasing the time to 15 minutes will give Members ample time to dwell on very crucial discussions. Mr. Speaker, Sir, I beg to second.

Mr. Deputy Speaker, Sir, could the Senate Majority Leader clarify? Where the maximum time of the Motion is 30 minutes, how many minutes does each contributor speak for? How many minutes is he entitled to, because if it is 15 minutes, it means that there will be only two speakers. Could you clarify?

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I think the intention of the Motion is to increase only the speaking time for Senators in an Adjournment Motion from 10 to 15 minutes. It is not proposed to interfere with what the previous resolution has been. The previous resolution has been that when you have an Adjournment Motion, it will proceed for two hours and if the adjournment sought is a very short adjournment, the speaking time should not exceed 30 minutes. So, I think those factors remain the same, except that a Senator has up to 15 minutes to speak. I do not think they have to exhaust the 15 minutes; it is just the maximum. When you have a short adjournment, it is hoped that the issues can be processed quickly; some can take two minutes, one minute or three minutes. So, you can have even 10 speakers within the 30 minutes.

Sen. (Dr.) Khalwale, you are satisfied, of course.

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

Mr. Deputy Speaker, Sir, I do not know whether you will entertain a small inquiry to the Chair---

I beg your pardon?

Mr. Deputy Speaker Sir, I am what you will call a “freshman” Member of Parliament (MP), just having been elected this particular cycle of elections. I have always wondered why it is that during Motions of Adjournment, Senators speak on a broad number of issues---

It is too late now, we are on the next Order!

Okay, I was seeking your tutorship---

Next Order!

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I beg to move the following Procedural Motion. THAT, pursuant to Standing Order 100(1), the Senate resolves that the debate on the Motion on the Presidential Address shall be limited to a maximum of three sitting days with not more than fifteen minutes for each Senator speaking, excluding the Mover in moving and replying who shall be limited to thirty minutes in either case and that the Senate Majority Leader and the Senate Minority Leader shall be limited to thirty minutes each. Similarly, Mr. Deputy Speaker, Sir, this Motion intends to increase the speaking time for Senators when they are debating the Presidential Address, which according to our Constitution, is expected annually or at any other time when the President decides to address Parliament. So, the previous resolution of this House is retained in all other respects except on the issue of how much time the individual Senators can speak. In other words, initially, the Mover of the Motion, in moving and replying to the Motion, had 30 minutes, which is retained. The Senate Majority Leader and the Senate Minority Leader previously had 30 minutes in relation to the Presidential Address, and that is retained in this Motion. The only change is to increase the speaking time for individual Senators from 10 minutes to 15 minutes for the same reasons. Mr. Deputy Speaker, Sir, I just want to add one last point; especially when it comes to the Presidential Speech; the kind of things that you would expect to see in a Presidential Address is quite an array of issues touching on various aspects of the economy, security, et cetera . That means, therefore, that 10 minutes may not be an adequate for a Senator to critique, to commend or to express their views on the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir. The Senate Majority Leader has very ably canvassed for this Motion and towards the end, he said that it gives an opportunity to all Members, including those on this side. I, therefore, beg to second this Motion very humbly.

(Sen. (Dr.) Machage): Order, Members! We are in the Committee of the Whole. If there is any issue, you will raise it in the normal way from the Floor of the House. I call your attention to Standing Order No. 13, Committee of the Whole and we are addressing No. (i), The Fertilizers and Animal Foodstuffs (Amendment) Bill, (National Assembly Bill No. 36 of 2013).

On a Point of Order, Mr. Temporary Chairman, Sir. This being the Committee Stage, and there are amendments being brought by the Committee, the House is obligated to vote on each individual amendment as it is moved and question put. It is obvious that we do not have enough delegations to meet the requisite vote on Bills concerning counties. We may seek your direction as to whether this particular Order may not be stayed so that we go to the next Order that requires a voice vote as and when the question will be put because this is not 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.

(Sen. (Dr.) Machage): Very well, I have heard you. Being a seasoned Member of Parliament (MP), you know that there is a process of doing exactly what you have requested for. If the Mover is so interested, as you have observed, it is his duty to move in the way he knows in the Standing Orders. Standing Order No.139 actually gives him the directions on how to report progress to this House. As it is, I am blind unless things are done in a certain way. If the Mover is satisfied that we are okay, then I continue. However, remember that we have several clauses; you have been alerted by Sen. Wetangula and I am also alerting you that we will be voting for every clause of the amendment.

(Sen. (Prof.) Kindiki): Given the circumstances, Mr. Temporary Chairperson, Sir, I request that we adjourn.

(Sen. (Dr.) Machage): Order, let me give you one second for you to read that Standing Order so that you can execute it properly.

(Sen. (Prof.) Kindiki): Okay, Mr. Temporary Chairperson.

(Sen. (Dr.) Machage): In your reporting of progress, I would rather you address the whole of Order No.13 instead of 13(i) or 13(ii) or because it will still apply on 13(ii). I would rather that, in your remarks, you address Order No.13

(Sen. (Prof.) Kindiki): Is it 13 or 139, Mr. Temporary Chairperson, Sir?

(Sen. (Dr.) Machage): Order No.13 but with Standing Order No.139. I am just telling you that Order No. 13 had two parts; we were addressing the first part, but instead of having again to repeat for the second part, address Order No.13 as it is.

(Sen. (Prof.) Kindiki): Mr. Temporary Chairman, Sir, I beg to move that pursuant to Standing Order No.139 the Committee of the Whole reports progress and seeks leave to sit again tomorrow on Order No.13.

Mr. Temporary Chairman, Sir, we are still in Committee Stage. We should reconvene and discuss all of them and then report.

(Sen. (Dr.) Machage): Order! I advised him, he took my advice and sought leave for both.

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 beg to move that pursuant to Standing Order No.139, the Committee of the Whole reports progress and seeks leave to sit again tomorrow.

(Sen. (Dr.) Machage): Did you say that you want to report because that is exactly what you are doing?

Mr. Temporary Speaker, Sir, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole reports its progress and seeks leave to sit again tomorrow.

(Sen. (Prof.) Kindiki) Seconded.

(Sen. (Dr.) Machage): I am told that this Bill was moved and now it is open for anybody to contribute. I see no interest. Am I right?

Thank you, Mr. Temporary Speaker, Sir. I rise to support The Potato Produce and Marketing Bill knowing that for many years women have been the ones in the business of planting potatoes. This is especially in Nyandarua, Nakuru and even in the western region like Bungoma, Mt. Elgon and other areas. Today, potatoes have become staple food for Kenyans. Today, every Kenyan and even our young children believe in eating chips. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Wetangula): Thank you Mr. Temporary Speaker, Sir. I will be fairly brief. This is a Bill that seeks to bring some order and regulation to a crop that has been neglected and yet it is a crop that has immense food value in this country. In this country every time we talk of famine and food shortage it begins and ends with lack of cereals; maize to be exact. You will find our brothers and sisters in the Arid and Semi Arid Lands (ASAL) are being ravaged by famine, serious lack of food and nutrition and yet in areas like where you come from, the County of Migori, Bungoma, Trans-Nzoia, Uasin Gishu and Nandi, you will find our poor mothers sitting with food by the roadside – bananas, potatoes and all other legumes – from morning to evening, racing after every car that will stop to see whether there will be a benevolent buyer or not. It is desirable and important that we bring some legal framework that would help the potato farmer. But first and foremost, we need to look at the post harvest management and value chain process. That is why I support the issue of packaging. Whether you are talking of Nyandarua or Webuye in Bungoma, middlemen who are hardly ever straight, turn up with their lorries. What they call a bag of potatoes is actually two bags of potatoes because they will put one bag and then turn another and fill it as well and they pay for the price of one. Since the farmer is desperate he will carry the load of potatoes to the roadside market. When he imagines that you cannot sell and that you have to carry it back home, they just sell it at a throw away price. Mr. Temporary Speaker, Sir, now that agriculture is a devolved function, I want to encourage that areas where such crops are grown---. These are perishable and their shelf life is not the same as grain. A potato shelf life will probably be a week; a banana shelf life would probably be two weeks depending on the time of harvest and the time of maturity of the crop. We want to see the Bill provide for storage and not just storage by putting up

here and there. We want cold rooms in production areas, marketing strategies that will take away the pain and agony from farmers. You should harvest your potatoes and there should be a place to deliver, take records and wait for your payment the same way things used to happen in the old days until profiteers came in and destroyed this country. Mr. Temporary Speaker, Sir, a farmer used to go to Kenya Farmers Association (KFA) and take implements. He would be financed by the Agricultural Finance Corporation (AFC) and the harvests would be delivered to the National Cereals and Produce Board (NCPB) and they would pay and give you back your profit out of your farming. Now, there are middlemen waiting like predators waiting to pounce on a dying animal by the farms. Some even come and buy your maize, harvest it and even take 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.

Mr. Speaker, Sir, this is a very important Bill and I stand to support it. It is a Bill that seeks to ensure that both the quality and the quantity of potatoes which is produced and distributed meet a particular standard. I have seen the passion of the Senator who moved this Bill. I have also seen that passion when he is talking to the media and also from farmers who are very excited that, finally, they might have a way forward as far as production and quality of potatoes is concerned. I just want to say that potato is a very important crop employing almost up to 2.5 million people. It is actually the second employer after maize. Even as we talk about distribution, packaging and the people who are going to partake of this product, it is very important to note that it is an income earner to 2.5 million people across the entire population. It is cultivated by over 800,000 growers, most of them being small holders. That means that they have to think about all the specific aspects of the growth of the crop on their own, how they are going to till the land, how they are going to get fertilisers and so on. That is why the issue of quality becomes very important. This means that everybody will be doing things in a different way. For example, the quality of seed will depend on the capability of that particular small holder. It is important to regularize that particular sector so that from the beginning, it is possible that everybody knows exactly what standard is expected of them. Mr. Speaker, Sir, the whole issue of production currently is worth about Kshs50 billion and this figure has been increasing over time. Therefore, it is very critical that the sector is looked into. It actually means that about 35,000 hectares of potatoes are grown annually in Kenya. Therefore, this makes Kenya a high potential for potato farming. This Bill is very critical at such a moment because we are talking about it cutting across the various sectors and for various people. For a long time, it has been very obvious that Kenya lacks quality potato seeds and that is another issue that has been canvassed in this Bill. The potato industry also faces many challenges that make the sector rot with a lot of issues. It is important that we contextualize the addressing of this within legislation and within law so that all the various players know exactly what to do. There is a formation of a council and also a committee; the council is at a national level and the committee at the county level. I also hope that in terms of castigating and in terms of the regulation between the two bodies, they will be able to coordinate sufficiently so that the various responsibilities that they have been given as per this Bill can be shared across the various levels of involvement. Mr. Temporary Speaker, Sir, right from the onset there is a clear clarification of the various terms that are going to be used. Every time I see a potato, I only think about that one component that I see as a potato but I see here, the Bill is very scientific; it is known as solanum tuberosum, which includes the shoots, the tubers and so on. This clarification is very important because it goes more broadly to the product, the level and the sustainability of that product and how it should be put across. The Bill states about five or six different objectives; to regulate production, packaging, processing, promote production and use by farmers, improve production in terms of quality, improve efficiency of potato farming, enhanced productivity and also The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

Mr. Temporary Speaker, Sir, there is enough time for those who wish to contribute; they should not be worried about time. I stand to support this Bill that has been brought by my brother Sen. (Eng.) Muriuki. I looked at several things and I want to start where Sen. (Dr.) Zani stopped with the two important points; imports and also the funding. When I look backwards and compare the way things have been happening in this country - we behave like a sign board that is stationed at the Nyayo roundabout, which says Mombasa is 500 kilometres. That board has never been to Mombasa and it will never get to Mombasa. It stops with the message that Mombasa is on the left side and you cover 500 kilometres to get there. That is the direction but the board will never get there. We have made proposals, we have come up with commissions and committees but what we do at the end of the day is that whatever commission is set up, does not help the farmer. We have the Coffee Board of Kenya, and whereas people in my county grow coffee, they have lost hope in that Coffee Board. We have the National Cereals and Produce Board (NCPB) in this country, but just look at the cry of the farmers from Rift Valley. None of those Members has come up with a solution. The reason is that when we move these Bills and Motions, we tend to convince Kenyans that they are meant to help them. Farmers work up to ten hours on their farms and at the end of the day we tell them that we want to find a way of assisting them. I want to tell my brother here that time has come for us to think like business people. Mr. Temporary Speaker, Sir, this year this country will have a Budget of Kshs1.6 trillion. At the moment we are going through a period of lack of rain. Soon or later you will hear our beloved Jubilee Government announcing to Kenyans that so many billions have been aside to purchase maize and give relief food to the affected citizens. After spending a colossal amount of money we will hear that the maize that was bought was not tested or it was toxic. You will hear of all kinds of problems when money has been spent. The time has come for the Government to realize that Kenyans deserve to get what belongs to them. Mr. Temporary Speaker, Sir, the Government should find ways of trading with the citizens of this country and promote farmers. In Turkana and Baringo, citizens 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 can hear “Senator number one” complaining. However, he should remember that I am the Chairperson of the Committee on Agriculture. I am not being favoured.

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

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to contribute to this very important Bill. I should be the right person to be speaking now because as you know, Meru County is one of the top producers of potatoes in this country.

(Sen. (Dr.) Machage): Order Sen. Murungi! You are speaking now.

Mr. Speaker, Sir, we compete for this honor with my colleague here, the Senator for Nyandarua, but we produce higher quality potatoes than Nyandarua. I thank my colleague, Sen. (Eng.) Muriuki for introducing the Bill. We in the Committee on Agriculture have really supported him on this Bill. We conducted public hearings and we have listened to all the potato experts in this country. They have by and large supported this Bill and given very good ideas on how it can be improved. We are going to be introducing some amendments at the Committee Stage to allow those ideas to be captured in the Bill. Mr. Temporary Speaker, Sir, if you look at the memorandum of objects and reasons, the purpose and objective of this Bill is to establish a system through which potato farming will be improved, both in quantity and in quality by ensuring set agronomic practices are followed and standardization in packaging regulation of the whole industry is instituted to the benefit of stakeholders. Our main stakeholders as Senators are the farmers. They are the people who elect us. Indeed, 2008, was dedicated to be the year of the potato. However, the farmers celebrated that year, in misery because they were suffering under heavy exploitation by potato brokers. I think this Bill will lift a big burden from the shoulders of the potato farmers in this country. First, the farmers make their own seeds. They select some of the potatoes which were planted in the last season for planting in the next season. If the seeds that you planted were diseased, you will actually harvest diseased potatoes. So, the question of certification of seeds and registration of seed producers in the country is critical to the survival and development of this industry. It is for that reason that I am 100 per cent supporting this Bill. Secondly, as Sen. (Dr.) Zani has observed, potato is catching up with maize as one of the biggest staple foods of this country. We are on the right path because potatoes were originally produced in South America and at that time, there used to be cycles of famine in Europe. Europeans used to die because there was not enough food there. However, with the discovery of potatoes by Christopher Columbus and taking them back to Europe, those cycles of famine ended in Europe. It is only a matter of time that we shall stop relying wholly on maize to sort out problems especially in the northern Kenya where these cycles of famine exist. We will now be talking about potatoes. That is why 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. Mositet! Go to the Bar.

Mr. Temporary Speaker, Sir, when we say that the wholesale package of potatoes should be 50 kilogrammes, we are not saying that potatoes cannot be sold at retail price in smaller packages. You can sell even a single potato if you want. You can sell in one or two kilogrammes. In the supermarkets you rarely find them in 50 kilogrammes. What we are saying is that the farmer will be selling the potatoes at wholesale price of a bag weighing 50 kilogrammes. We are not inventing. We are just following International Labour Organisation (ILO) standards. The ILO has standardized these bags for the purposes of introducing some humanity. Carrying a 130 kilogramme bag is dangerous for a person’s health. We want these regulations, because it has already been introduced by the Cabinet Secretary as a regulation, to be incorporated into law and strictly enforced, so that any person seen in this country transporting potatoes in bags of 50 kilogrammes and above should be arrested on the spot.

Arrested by whom?

Mr. Temporary Speaker, Sir, Sen. G.G. Kariuki has become so cynical. He is asking “Arrested by whom?” Who arrests people? It is the police who enforce the law. Once this law is passed by this House, we expect the police in this country to enforce the Potato Act because that will be the law. So, if any person is seen passing through Rumuruti carrying bags of more than 50 kilogrammes he should be arrested by the police in Rumuruti. If he is seen in Nairobi, he should be arrested by the police in Nairobi. They are the law enforcement agents and we will rely on them to implement this Act.

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Mr. Temporary Speaker, Sir. I have no regrets that my elder, the Senator for Meru, Sen. Kiraitu Murungi, spoke before me. In fact, that is the benefit we get, so I will make my presentation short because he addressed some of the issues I had hoped to speak to, which I think is a great thing. Mr. Temporary Speaker, Sir, I think what Sen. (Eng.) Karue has done is extremely commendable; to translate ourselves to the vanguards of the common man. In this country, the Judiciary and the law making agencies have, for a long time, been agencies for the preservation of those with power and prestige. I think this Senate, being a Senate of a very revolutionary Constitution, must recast its paradigm to ensure that those who voted us to this office are the people we give our principal attention. I would like to associate myself with some of the comments made by Sen. Muthama. Just recently, I was telling people that when I looked at my election results, some of the best suburbs in Mombasa County were places that I was getting votes and they were extremely – not negligible, not unimportant – fewer in number. When we went to those areas which we call ‘informal settlements’ when the ballot boxes were being opened, the turnout was extra ordinary – 70 to 80 per cent – and those are the people who actually put us in these positions of privilege and prestige. Mr. Temporary Speaker, Sir, our law making agencies here hardly address the plight of the common man. We always talk about how to preserve capital for a few and to give others greater opportunities to make business. We defend those who are corrupt; we defend processes that are illegitimate and I think the National Assembly, the Senate and Parliament in its totality has totally lost its soul. I think that is why I need to commend Sen. (Eng.) Muriuki because I always try to address myself to this particular Article 96(1) on the Senate, which talks to the roles and functions of the Senate. It says:- “The Senate represents the counties and serves to protect the interests of the counties and their governments.” I think the interest of the counties here will count for every member of our county. Every Kenyan is an important soul and, therefore, for us, it is important to preserve and to protect the people who actually elected us into office. 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 would like first of all to congratulate Sen. (Eng.) Muriuki for the hard work he has put in coming up with The Potato Produce and Marketing Bill, 2014. This is a very important Bill considering that this is a House that debates Bills concerning counties. One of the definitions of a Bill that concerns counties is basically emanating from the fact that those Bills---

Order, Sen. Murkomen! Sen. G.G Kariuki, please note that Sen. Murkomen had requested earlier than you, so you are still in queue. His card was already showing. He left it logged in. I am very fair. You will be next.

Mr. Temporary Speaker, Sir, you know when Mzee G.G is unhappy, I am also unhappy. But as you know, the system here has an electronic digital system of request and that is why I had made my request earlier. For that reason, I want The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, first I must apologize because you thought I was protesting against Sen. Murkomen and you and that was not the case. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. G.G. Kariuki, maybe the Senator had gone to conduct some research. You cannot rule that out. He had just left.

Mr. Temporary Speaker, Sir, the speaker who just sat down is my friend and I admire him for his understanding of many things. However, I want to say, since I am going to be last to speak to this Bill, I find it very---. Let me say that we were given a very good opportunity by the Mover of this Bill to talk about the farmers of this country. In this country, farmers have been forgotten completely yet they are the cream or the reason for our survival. We survive because we have farmers who have struggled and who struggle to keep our homes fed. Therefore, the issue of creating a new Council as my friends have just said is valid. I was listening to the Chair of the Committee on Agriculture whom I respect very much. I could see that whatever he was saying was coming from real inner him. However, our political environment and many other factors that we live in contribute a lot to make sure that whatever we say does not go anywhere. Mr. Temporary Speaker, Sir, we can also create a law. I want to repeat that the corruption going on in this country is not because we have no laws. It is because the implementers of the law and the executors have to change or be converted to be new people. You can create a law against people who heap bags to become two instead of one when they are selling. This happens all in the eyes of our policemen and everybody else. That does not mean that we should not attempt to make laws. We will continue doing it. However, I think the major point is to find the cause and effect of issues because everything has a reason. My training has always been to find the cause of things. Why have the farmers been forgotten? It is because some people somewhere want farmers not to have enough. This is because they would want to import the same commodity in the process. That way, this country will move the wrong way. Therefore, the Senate has to think very seriously to find ways and means of sustaining our farmers. Temporary Mr. Speaker, Sir, we are talking about potatoes. Go round in this country. Maybe, in Kajiado you have a maize store. In this country people have been asking that stores be made available in every area where more maize is produced. That has failed. Look at other commodities or farm produce like coffee and the rest. They are just dying because we do not have a Council. Will the Council improve anything or will it add more problems? Mr. Temporary Speaker, Sir, I think my friend from Nyandarua County, Sen. (Eng.) Muriuki, by the time he thought about bringing this Bill to this House, must have been desperate. He feels total desperation when he sees his farmers’ efforts being wasted. It is not only him who has the eyes to see but the entire system 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.

(Sen. (Dr. Mositet) Hon. Senators, it is time to adjourn the House. The Senate stands adjourned until tomorrow, Thursday, 13th February, 2014 at 2.30 pm. 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.