(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to lay the following Paper on the Table:- The Senate Calendar (Regular Sessions of the Senate) for the year 2015.

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I beg to give notice of the following Motion:- THAT, pursuant to Standing Order Nos.177(1) and 178, the Senate approves the nomination of the following Senators to serve in select Committees as indicated below:- 1) Sen. M. Kajwang, to serve in the:- a. Standing Committee on Agriculture, Livestock and Fisheries; b. Standing Committee on Roads and Transportation; and c. Joint Committee on National Cohesion and Equal Opportunity. 2) Sen. (Dr.) Zani, to serve in the Standing Committee on Finance, Commerce and Budget. 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.

Please proceed, Sen. Mutula Kilonzo Jnr.

Sorry, Mr. Speaker, Sir. I must have pressed my microphone a little too early.

On a point of order

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I have looked at the Order Paper. The paper that I have just laid is not the subject matter of today’s Order Paper. The Secretariat will be availing the report or the calendar. Therefore, hon. Senators will have an opportunity to scrutinize it before the matter comes for debate at an appropriate date once the Rules and Business Committee (RBC) slots the business into the Order Paper.

Order, Sen. (Prof.) Kindiki! You are very charitable to Sen. Musila. He laid the Paper on the Table, gave the notice and that is the end of the story for today. The Paper is available to you to look at so that when the proper Motion comes, you are seized of the matter. So, I do not know why you wanted some advance copies. There are no advance copies availed until the Paper is laid on the Table. Next Order!

Mr. Speaker, Sir, I rise to seek a Statement from the Chairperson of the Committee on Labour and Social Welfare on the Social Protection Cash Transfer Scheme for the elderly introduced in 2007. In the Statement, the Chairperson should:- (a) Avail the schedule of disbursement for Makueni County for the Financial Years 2013/2014 and 2014/2015. (b) State the total allocation for the Financial Years 2013/2014 and 2014/2015 and indicate what percentage of it was allocated to Makueni County. (c) State the number of persons who received cash payments in each of the six constituencies in Makueni 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.

Mr. Speaker, Sir, riding on the request by the distinguished Senator for Makueni, this is a matter that touches virtually on every county. May I ask that the Chairperson of the Committee, even if he takes three or four weeks, to bring to the Senate the disbursement of this safety net fund in each and every county so that Senators can interrogate and appreciate how the elderly in their counties are benefitting from a national benevolent safety net disbursement. Mr. Speaker, Sir, you will even find that in some certain sections of the county, the people are being paid while in other sections of the same county, they are not being paid. In some counties, there are no payments at all. So, I request that we expand the request---

Order! Order! There is no amount of repetitiveness that will deliver the answer now. That is already what Sen. Mutula Kilonzo Jnr. actually asked.

Mr. Speaker, Sir, you have missed my point. He asked for Makueni---

No, you are the one who missed his point, Sen. Wetangula!

I am so sorry, Mr. Speaker, Sir. But for purposes of emphasis, I must emphasize the importance of that question and why every Senator here, including my brothers from Narok, Nandi, Pokot and from everywhere should be interested in this. In fact, there might be need for a Kamukunji to call the relevant Cabinet Secretary to come and be interrogated on this matter.

What is it, Sen. Musila?

Mr. Speaker, Sir, I just want to draw your attention and that of the House---

Order, Sen. Musila! I was to do that on your behalf regarding your Statement of last week.

Thank you, Mr. Speaker, Sir.

Proceed, Sen. (Dr.) Khalwale.

Thank you, Mr. Speaker, Sir. Whereas that Statement is adequate, but even as you go into particular counties, you will find that certain areas have been left out and there is a lot of murmuring. So, we would like there to be sufficient time so that we not only get the disbursements per county, but we also get the disbursements per constituency, per the location and also the sub location. It is usually very painful The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. Wetangula! There is no amount of repetitions---

Proceed, Sen. Kembi-Gitura.

Thank you, Mr. Speaker, Sir. I notice that the Chairperson of the Committee on Land and Natural Resources is here. He had promised to give me a Statement today, but I can see he is busy consulting.

Order, Sen. Kembi-Gitura! We are still on the labour and social welfare matter. We will come back to you.

I apologize, Mr. Speaker, Sir.

Before I invite the Chairperson to respond, I just wanted to---

Order, Sen. Wetangula! I am addressing you.

Okay, Mr. Speaker, Sir.

Actually, Sen. Musila had requested a specific Statement for Kitui last week on the same issue and when I looked at Sen. Mutula Kilonzo Jnr.’s Statement, it was similar but covering the whole nation. That is why I allowed him to do it today. So, I really do not think the Floor should be used for over emphasis, knowing that our Standing Orders do not allow for being repetitive. Proceed, Chairperson.

Mr. Speaker, Sir, I appreciate the interest that the Members have on this issue. I need one month to come up with a comprehensive response. Thank you, Mr. Speaker, Sir.

It is so ordered. Hon. Senators, if you look at your Order Paper, Order No.8 is a Committee of the Whole.

I know; that is why I am emphasizing. Sen. Wetangula, I think you are even more privileged than most of the Members in knowing why I may be going there, because we discussed this matter at the Rules and Business Committee (RBC). We have adequate numbers of delegations to vote and in your Kamukunji last week, we emphasized that we The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Order, Members! I wish to recognize the presence of the pupils and teachers from St. Paul Secondary School from Kitui County, in the House, seated at the public gallery. As you all know, Hon. Senators, the tradition of receiving and welcoming visitors to Parliament is a long time tradition and one which we shall continue. On behalf of the Senate and on my own behalf, I extend a warm welcome to the pupils and teachers of St. Paul Secondary School, Kitui.

THE NATIONAL POLICE SERVICE (AMENDMENT) BILL (SENATE BILL NO.29 OF 2014) Hon. Senators, I call your attention to Order No. 8, Committee of the Whole on the National Police Service (Amendment) Bill, otherwise known as the Senate Bill No.29, of 2014. Please, I request that Members should not move out, it will take us less than 10 minutes to execute this Bill. May I request that we do not reduce the number of delegates because I am worried already? I want to bring to your attention what we had done before. We had actually finished discussing this Bill: all that was left was voting. Of course, you remember that Clause 2 was to be amended and Clause 3 was to be deleted. So that is where we are; we are at the voting stage. I can see that the prerequisite numbers are a bit less, can we have the Division Bell rung for five minutes? 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, what we did on 4th is that we did everything including making the proposals and only the voting was left. So, that is where we will start.

That is a violation of the Standing Orders.

(Sen. (Dr.) Machage): I am sure you know them.

Mr. Temporary Chairman, Sir, I propose that Clause 2(a)(I)(d) be amended by---

(Sen. (Dr.) Machage): Sen. Billow, you are one of the patriots in this House and unless you had made your proposal in writing and you are not the Mover of the Motion, you cannot amend a clause on the Floor of this House. So, you are completely out of order and you know it. I am sorry, those are the rules and you are one of the signatories to our Standing Orders.

Mr. Temporary Chairman, Sir, on request by a majority of Senators, I beg to withdraw part (a) (I) (d) – have the ability to read and write.

Mr. Temporary Chairperson, Sir, this matter came to the Committee chaired by the distinguished Senator who has moved the amendment. We debated at length and we said that we are simply looking for persons who are functionally literate. A person who can just even go and sign for his stipend if he is being paid a stipend; we cannot have at this day and age people going to use fingerprints. There is no place in this country where you cannot get people who have not been to Standard One or Two. It is not anybody and everybody who is going to be a police reservist; it is people who qualify and part of the qualification - we have not even said that you must have reached Standard Four – is being functionally literate. Just to be able to read and write. We are not asking for any certificate.

Mr. Temporary Chairman, Sir, there is a misconception by many people, including scholars that reading and writing necessarily means secular 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): Let me guide the House. Once the Mover of the Motion has withdrawn, my hands are tied and that is what the Standing Orders say and so you have no modus operandi to begin opposing. Let me remind you what was done: Part (a) was withdrawn, part (c) was withdrawn and part (d) which you are contesting about was withdrawn on that day and so there is really nothing I can do.

On a point of order, Mr. Temporary Chairman, Sir. On a more fundamental point, if a Committee sits and agrees on amendments and the Chairperson of the Committee comes to the Floor of the House as an agent of the Committee, does he have authority to unilaterally withdraw any of those amendments on his own? I am not assaulting Sen. Haji, I am talking on a matter of principle.

Mr. Temporary Chairman, Sir, yes, I am an agent of the Committee, but the wishes of the House even dictate the Chairman. I know if you put it to the vote, it is going to be defeated. Therefore, there is no point beating my chest and saying that it should be the way I want it to be. I agree with him that we had public hearings and this was the request of the public. There was even a bigger demand, but we toned it down.

(Sen. (Dr.) Machage): Sen. Haji, further, this Chair is not privy to what you discussed in your Committee. This Chair is only aware of what the Mover did on the Floor of the House and that was to withdraw. I am tied by that. If you do not want to vote on that, you have your own discretion as Senators to make that decision.

On a point of order, Mr. Temporary Chairman, Sir. When you are putting the Question, you are actually saying that Clause 2 should be amended as suggested by the Mover, but you will note that after he has withdrawn part (d) there are two more ahead (b), (c) and (d). This means that the whole purpose for which I had brought that amendment is now lost. I wonder why I was not consulted because I am seeing it here for the first time.

(Sen. (Dr.) Machage): Order! Sen. (Prof.) Lonyangapuo, really that is not for me to know why you were not consulted. If you so desire to vote against it, that is your mandate as the Senator. However, as far as I am concerned, the Mover made amendments which the Standing Orders allow him. Let me bring everybody to be where we are. There were proposals by Sen. Haji and he later amended them by withdrawing some of them. He withdrew parts (b) and (c). He left part (d) which is the area of contention. Now what he has done today is to withdraw part (d).

Mr. Temporary Chairman, Sir, this amendment is not about parts (a), (b), and (c) which are there. It is what is on the main Bill and what he is amending; for example, when he says delete (b), which says the Commission will provide reserve police 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. Billow! That was withdrawn.

On a point of order, Mr. Temporary Chairman, Sir. In view of the confusion that I see, I would like to withdraw the amendments totally and we go by the original.

(Sen. (Dr.) Machage): This raises a technical issue. So, we are going to put the Question without any amendments. I can see everybody nodding his head and happy. That makes my work easier. What we have just done is that there is no amendment to this Bill. So, we are voting for that.

There is a technical problem. The results may not be displayed, but we will see them from the table. You have to trust us because we will announce the right results.

(Sen. (Dr.) Machage: Hon. Senators, technology seems to have failed us terribly. We will have to go the conventional way, the roll call way because we are wasting a lot of time. Let us have tellers. Who is the teller for majority side. Sen. Emma, you have been chosen to be our teller here. On the minority side, Sen. Nabwala, you are a teller. Please, come forward. Sen. Sang, be our teller here. The Senator has a flight to catch. I will order the Bar to be opened for a half a minute. Now close the Bars. Let it be on the HANSARD that we are doubting the efficiency of this system or the operators. I now put the Question. 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. Sang

Sen. Nabwala

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

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

On a point of order, Mr. Temporary Chairman. Before you close the voting, are you satisfied that the Senator for Meru County has actually voted? I see he is in the House.

He voted! He voted!

This is because he whispered in hiding and that is against the Standing Orders. 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): You are completely out of order because the Senator for Meru County voted in a voice that the Chairman could hear. I may only recommend that you see an oculist to check on your hearing ability.

Sen. Lonyangapuo, come to the dispatch box, please.

Can you draw the Bar and open the Doors?

Hon. Senators, I request that you do not leave the House because we still have another voting exercise. I have only done that because the Speaker has to move in.

(Sen. (Dr.) Machage): Okay, Mover; proceed.

Hon. Chairman, I beg to move that the Committee report to the Senate its consideration of the National Police Service (Amendment) Bill, 2014, and its approval thereof without amendment.

Chairperson, you may give your report.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the National Police Service Amendment Bill, 2014, and its approval thereof without amendments.

Where is the Mover?

Mr. Deputy Speaker, Sir, I beg to move that the House doth agree with the Committee on the said Report. I request Sen. Haji to second.

Seconded. 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. Members, I will propose the question. This is not a county matter. This is not a county matter so, it will be by acclamation.

The Mover, please, proceed.

Mr. Deputy Speaker, Sir, I beg to move, that the National Police Service (Amendment) Bill, 2014, be now read a Third Time. I request Sen. Haji to second.

Seconded

Hon. Members, I will propose the question.

I have no record that anybody wants to speak. You cannot blame me for that, can you? Proceed, Sen. Wetangula

(Sen. Wetangula)

Mr. Deputy Speaker, Sir, I would like to join my colleague in congratulating Sen. (Prof.) Lonyangapuo for this very important Bill. The existence of reservists has been there since Independence. I am surprised that my colleague, Sen. Wetangula, thinks it is something new. They have been there and they are doing a commendable job. In fact, they are in the last mile where the services of any Government official ends, if I could be protected –

Order Sen. Wetangula, you were listened to in silence. I expect you to accord the same courtesy.

Mr. Deputy Speaker, Sir, I congratulate Sen. (Prof.) Lonyangapuo, that this unit is now institutionalized and that they do a very exceptional job in areas that are quite unreachable. They are the first response in any matters security in the last mile. So, we really appreciate the services of these very important Kenyans. We are very grateful that this matter has now been brought to have a legal framework. I would urge that this matter be fast-tracked so that the welfare of these people will be taken care of and they be formally included in the service, recognized and remunerated.

Mr. Deputy Speaker, Sir, just like the other speakers have said, of course there are challenges and for that matter---

On a point of order, Mr. Deputy Speaker, Sir. It is on procedure. To the best of my knowledge, Sen Haji seconded this Motion. You cannot second a Motion and then contribute again. If he wanted to stay anything on the Motion, he should have said at the stage of seconding.

Order! The question has been raised, we are going to give it an answer, so let us not be speculative. Sen. Khaniri may I please refer you to Standing Order No. 97. It states that:- “Upon a Motion, other than a Motion by way of amendment to a question proposed by the Speaker, a Senator may Second by rising in his or her place and signifying acquiescence by bowing the head without speaking and such Senator shall, thereby, reserve the rights of speech as the Senator would have had if some other Senator had seconded such Motion” So, Sen. Haji, you may proceed.

Please, put on your microphone. 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, as I was saying, there are lapses and also challenges in our security generally. As Sen. (Dr.) Kuti said, home guards or KPRs have been there since Independence. They have done extremely well in complementing the security forces. If there are heroes who should be recognized here, it is the KPRs. In most vulnerable areas they sacrifice themselves without any pay or recognition. This Bill addresses recognition of these gallant officers giving them the necessary facilities that are required. I want to congratulate my friend Professor for having thought of this law and bringing it to this august House. I beg to support.

Mr. Deputy Speaker, Sir. As I congratulate Sen (Prof.) Lonyangapuo, because this is a matter that touches on “ haki ya mnyonge ” could he allow me to remove one feather from my hat---

Hon. Members, please remember that we are going to vote may I request that you do not leave the precincts.

Mr. Deputy Speaker, Sir, as I was saying could he allow me to remove one feather from my hat, as mtetezi wa wanyonge, and give it to him. This is because these are lowly placed members of society, but who contribute immensely to the security of our people. As they say, all politics is local; may be it needed a local leader from the local community to appreciate the challenges that these Kenyans go through. As I congratulate him, I want to also condemn the Jubilee Government for the way they exercise selective justice. We all remember that last year, the High Court scrapped the recruitment of thousands of youth who were to join the police service because of corruption. Punitive action has been taken against those youth, but nothing to date has been taken against those police officers who received bribes. The centres where bribes were actually given were tabulated and Kenyans gave complains, including parents from Malava and Lukuyani sub-counties in Kakamega County. The officers who were recruiting at such centres have not been arrested so as to surrender that money at the very least to go back to those parents, it is very pathetic. It speaks of a Government that abets corruption and does not care when the rich steal from the poor. My final contribution is to pay tribute to junior Police officer fresh recruits who upon finishing training were deployed to Kapedo and they lost their lives. In the same vein of not caring about mtu mdogo, the Government has not up to date taken any action against the senior police officer who chose to deploy newly qualified recruits into harsh terrains to face hardcore criminals. With those few remarks, I beg to support

Mr. Deputy Speaker, Sir, first, let me congratulate my colleague, Sen. (Prof.) Lonyangapuo, for bringing this important Bill to the House. I believe that when the Government does wrong, it should be criticized. But when it does right it should also be congratulated and supported. The Senate should congratulate the Jubilee Government, especially, since Maj-Gen. Nkaisserry was appointed to the security docket, security in this country has seriously improved. That should not go unnoticed. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Deputy Speaker, Sir. Is the Senator for Meru in order to mislead the House that the Jubilee Government deserves credit for the good industry of Maj-Gen. Nkaisserry, when he knows very well that he is from the Opposition; ODM? He is not from Jubilee. Therefore, credit should go to the voters of this country who identified the best leaders to be those who are in CORD.

On a point of order, Mr. Deputy Speaker, Sir. With due respect to the King of Meru, Sen. Murungi, I would want to point out the information that relates to the fact there seems to be some semblance of peace. It is not backed by figures and facts. This could be a period of lull and we do not know whether there are impending attacks or killings. Is he in order to actually give information that is not backed by figures and facts at this stage?

Is Sen. Kiraitu not entitled to his opinion? What is it, Sen. Wetangula?

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for the distinguished Senator for Meru, who doubles as a King and has had a distinguished career as a person who speaks the truth, to stand on this Floor and mislead the House and country that security has improved in the country upon the appointment of Maj-Gen. Nkaisserry as Cabinet Secretary for the Ministry of Interior and Coordination of National Government, when immediately after his appointment even one of us was gunned down in cold blood with his security men and driver? It is within that same period that we saw very ugly riots in Narok, resulting in the arrest and detention of five Members of Parliament. It is also within that period that we saw children teargased on Lang’ata Road.

Order, Sen. Wetangula. You are on a point of order. You will get a chance to contribute.

Mr. Deputy Speaker, Sir, we are not passing judgement on Maj-Gen. Nkaisserry, but he is in order to mislead the House and country?

Mr. Deputy Speaker, Sir, there have been several points of order, some of which contradict one another. First, the Jubilee Government should also be congratulated for identifying even good people from the Opposition and appointing them into the Government. Mr. Deputy Speaker, Sir, I really do not want to debate these issues with my colleagues, because those who have eyes will see. However, there are those with eyes and refuse to see. We will continue praying for them. We are talking about the National Police Reserve to supplement the National Police Service. Therefore, we are talking about a national institution. My request is that this service be spread in all the counties, because there has been a traditional and historical imbalance which only gives police reservists to pastoralist and border areas. We appreciate that they may need the service a bit more, but there is also a lot of insecurity in other counties like Meru County. When this is implemented we would not like to be discriminated against in the appointments and distribution of the police 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 have a lot of requests for the Floor. Obviously, everybody has a right to speak, but we must recognize that this is not really debate time. We are in the Third Reading. I hope that you will be as brief as your colleagues who have already spoken. I can see a request from Sen. (Prof.) Anyang’- Nyong’o, but I do not see him in the House. I do not know how that is happening.

Mr. Deputy Speaker, Sir, he may be having a clone or a double. I will make very brief remarks. I also want to join my colleagues in congratulating our colleague, Sen. (Prof.) Lonyangapuo for showing his industry. This is not the first Bill that he has brought. I urge him to continue doing the good work. This is one of the occasions when Parliament gives the Executive the tools with which to prevent or fight crime. Hopefully, now that Sen. (Prof.) Lonyangapuo and the Senate have made it possible – if this Bill becomes an Act of Parliament – to give incentives and recognition of the services of the KPRs by some form of payment, I hope that the recruitment and deployment of police reservists should be done entirely on merit and basis anticipated or contemplated by the Bill that the Senate has brought. This is because sometimes you provide these mechanisms and tools to the Government in power and they are misused. For example, there was a time when the Artur brothers were members of the KPRs. One was an Assistant Commissioner of Police and the other a Deputy Commissioner of Police. I just hope that I will not find one day that the King of Meru is also, a part-time Superintendent of Police, although I have no doubt that if you give him any job, he will do it in the appropriate fashion.

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for the Senator for Siaya, who is, in fact, a Senior Counsel, to imagine that a king can be police reservist?

Mr. Deputy Speaker, Sir, you know that the law regarding the recruitment of the Inspector-General has been changed and the President can recruit directly. I know that if Sen. Kiraitu is appointed by the President, he is not likely to say “no”. Having been to some areas like Mandera, I am urging the Government to make sure that this tool is properly used. For example, in Mandera, we found situations where some of the positions which should go to the local people are occupied by people from other parts of the country, who would not understand the language and how people live in any particular community. I hope that in recruiting the police reservists, we will get the local people with the knowledge and tools to help us deal with insecurity in the country as a whole. If you look at those who are police reservists in Nairobi – sometimes I meet friends who are police reservist carrying guns – they are people who actually should not The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir. I would like to congratulate Sen. (Prof.) Lonyangapuo for coming up with these amendments to the National Police Service Act. As him, I come from an area where that is the only known law; maintenance of the system that we have. With this kind of an improvement, where the KPRs are trained, uniformed and have some incentive in terms of remuneration, I think that people in those areas will have better security. Right now, the main issue has been that the Government system has not streamlined the sector of the KPRs. For a long time, whoever is capable would get the gun for their private use. There was no organization. However, in this case, if it is legislated that they have to be trained, uniformed and remunerated, then we are going to have better service in those areas. As it has been said by other Members, it will be better if it is expanded to other parts of the country where they will be useful

Thank you, Mr. Deputy, Speaker, Sir. It is important to note that the Bill was well done by my friend, Sen. (Prof.) Lonyangapuo. It has captured very important points and areas that we need to address, particularly, the areas bordering various territories. So, as we think about how to equip this force, it is important to know that it is supposed to be a very experienced force that has had a lot of combat exercises. It should be seen like it can man problems arising from terrorism to nomadic practices. It The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

We are on the Third Reading stage and most of you had already contributed in the main debate. May I request that we reduce the talking time to a maximum of two minutes because I have so many requests? At this rate, we shall not finish at 6.30 p.m. Proceed, Sen. Mutula Kilonzo Jnr.

Thank you, Mr. Deputy Speaker, Sir. I just want to remind this House that the last time that we debated this Bill was the last time---

Order, Senators! Can you, please, consult in low tones so that we can get some business going?

Thank you, Mr. Deputy Speaker, Sir. The last time we contributed to this Bill is the last time the late Sen. Otieno Kajwang was in the House and he contributed in great detail to this Bill. Therefore, in passing it, it is in a way to honour him. I am still a little bit uncomfortable with the part where we have left the question of how the expenses will be defrayed in respect of implementing this particular section that we have amended. This is because the word “gifts”, “grants” and “donations” still appear there. We know how the police have acted in the past. They have the worst record in terms of corruption. So, that gives me some level of discomfort. Otherwise, it is good that we have deleted the words “18 years”. It is also good that we have included for purposes of security, because the National Government on this score has failed miserably; that these people will also secure the country’s borders, because the Government has sent our military to go and do other things other than guard our country. Thank you Mr. Deputy Speaker, Sir.

Thank you, Mr. Speaker, Sir. I would like to thank Sen. (Prof.) Lonyangapuo for bringing this Motion on the Floor of the House. I am sure that quite a number of Members here understand about KPRs. In areas where stock theft continues to persist, we need these kinds of officers to supplement the national police force. However, in some areas, they are more important than even the police force, because they understand the terrain and the topography of the area. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. G.G. Kariuki! Your time is up. Proceed, Sen. ole Ndiema.

Mr. Deputy Speaker, Sir, I want to thank my neighbour, Sen. (Prof.) Lonyangapuo, for this Bill. Indeed, it is the KPRs who have kept the peace that we are enjoying on the border between Trans Nzoia and West Pokot. I would only want to add that when it comes to recruitment, priority should be given to those who are already performing the duty for free so that it is not just a free for all; the existing ones should be given priority. Mr. Deputy Speaker, Sir, in most cases, these KPRs have been working with the chiefs. I hope that by taking them to the police to be under the police, the chiefs will not be stripped of this service. I say so because police stations are far and if the Officer Commanding Stations (OCSs) are going to take them to the police stations and leave locations without security, then we shall not have achieved what we want. These KPRs should work with the chiefs. Mr. Deputy Speaker, Sir, the OCSs should also not use the KPRs for purposes of rent seeking. These are Kenyans who should be serving all Kenyans regardless of their status. So, they should not be inducted into certain malpractices that sometimes are evident elsewhere amongst the police. They should be trained, they should be of high integrity and they should not be influenced in any way. Mr. Deputy Speaker, Sir, perhaps, consideration should also be given to ensure that---

Order, Sen. Tiole Ndiema! Your time is up. Proceed, Sen. Khaniri.

Mr. Deputy Speaker, Sir, I want to thank you for the opportunity. Let me add my voice to my colleagues who have spoken earlier in thanking and congratulating Sen. (Prof.) Lonyangapuo for the wonderful and well thought out idea. This idea could not have come at a better time; it is very timely. What we, as a House, are doing is trying to give the Government the necessary strength and to reinforce it in the fight against crime in the country. Mr. Deputy Speaker, Sir, as I have always stated on the Floor of this House, the first and foremost responsibility of any Government is to ensure security of its citizens and their property. This is one area where this particular Government has failed miserably. We should not just sit on the fence and condemn it. As the Legislature, which The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. Khaniri! Your time is up. Proceed, Sen. Mong’are.

Thank you, Mr. Deputy Speaker, Sir. First of all, let me congratulate the proponent of this Bill, Sen. (Prof.) Lonyangapuo. My plea to the national Government when this Act is operationalized would be that we include, especially the teachers who are serving in terror-prone or insecure areas like Mandera, Moyale and even Wajir. This is a very important Bill when we pass it and the Teachers Service Commission (TSC) should not be threatening teachers left, right and centre. Give them the facilities; let them be trained so that when they are deployed in those areas, they will be safer. On the issue of insecurity of the teachers, the Government may just have fears that if they transferred those teachers, they would have acknowledged that they have failed to secure them. So, my take is that this Bill has come at the right time and I support it. Thank you, Mr. Deputy Speaker, Sir.

Asante, Bw. Naibu Spika. Pia mimi nataka kujiunga na ndugu zangu, Maseneta kumpatia heko Sen. (Prof.) Lonyangapuo kwa kuleta Mswada huu. Jambo la kwanza, ningetaka sheria hii ichukue mkondo kila mahali katika nchi hii. Hili likifanyika mimi, kama mkaazi wa Kilifi, nina imani kwamba hawa KPRs wataweza kutekeleza amani pale ambapo askari wetu wa kawaida huwa wanazembea. Hivi majuzi, tumempoteza askari wetu mmoja huko Kaloleni kwa sababu ya upungufu wa maaskari. Kwa hivyo, tukiwapata maaskari wa KPR, huenda ikawa jambo nzuri zaidi. Bw. Naibu Spika, natumai kwamba hakutakuwa na ubaguzi katika wale watakaochukuliwa kama maaskari wa KPRs ili wale watu wanaotoka katika eneo lile wapewe nafasi hiyo. Si polisi wote ambao ni wabaya, hasa kule Kilifi.

Can I be protected, Mr. Deputy Speaker, Sir?

From whom?

From Sen. Murkomen. He is walking around and talking loudly as if it is a market place.

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Order, Sen. Madzayo! Your time is up.

Thank you, Mr. Deputy Speaker, Sir.

You do not look sure---

It is I, Mr. Deputy Speaker, Sir.

Okay. Can you go on, please, Senator?

Mr. Deputy Speaker, Sir, I would like to also join my colleagues in commending Sen. (Prof.) Lonyangapuo for bringing this Bill to the Floor of this House. This Bill seeks to recognize the efforts of police reservists in maintaining security, law and order. We are aware that police reservists play a key role in our country because they complement the work of the police. They also protect life and property; they apprehend offenders, prevent crime and yet, they still work under volunteer terms, as stated in the original Act. The National Police Service (Amendment) Bill 2014, is good because it states that the police reservists can now earn a salary as they will be remunerated for the good work that they do. Some of these police reservists have been dying in the course of their duties. For example, in my county at one time, we lost a very good police reservist, Mr. Masika, and his family was not compensated. Even at his burial, we had to hold a harambee to facilitate it and also assist the family. This Bill is good and I urge the national Government to put the Bill into action so that it can become operational. Just like other security officers, their families should be compensated even for those who lost their lives before this Bill comes into force. An audit should be done in the counties so that we can identify those police reservists who have already lost their ---

Your time is up, Sen. Nabwala! Proceed, Sen. Munyes.

Thank you very much, Mr. Deputy Speaker, Sir. I want to start by thanking Sen. (Prof.) Lonyangapuo, my neighbour, for coming up with such a nice reform Bill. This Bill will surely change the lives of people along Turkana-West Pokot- Baringo borders. The force should be a rapid force that should help us in securing our international borders and, at the same time, secure our county borders. We look at them in Turkana and West Pokot as a regional reserve force; but this should be a national force. The Pokot National Police Reservist (NPR) should not kill a Turkana NPR. As we state now, the current status is that they kill each other if they find themselves in the conflict area. So, we are forming a national police reserve force that is not going to be inducted the way we see policemen now. There is fear in the police force; nobody wants to work. We want people who can secure our borders, we have disputes in all our county boundaries and we want an impartial force that will support either 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, Senator! Proceed, Sen. Mohamud. You have two minutes.

Thank you, Mr. Deputy Speaker, Sir, for giving me this chance to air my views. From the outset, let me take this opportunity to congratulate my colleague and brother, Sen. (Prof.) Lonyangapuo, for bringing this Bill. We commend the effort that the reservists are doing, especially in the pastoralist areas. I can confidently report that they are doing a marvelous job and without them, things would not be okay. According to the Bill, it is good to report that they can now earn a little money and allowances, and that will be a relief to those families. I also join Sen. Ndiema, who said that we must retain those who have been serving because we know that they have really suffered. We must motivate them by making them those who will be given the first priority. Thank you, Mr. Deputy Speaker, Sir.

Thank you, Mr. Deputy Speaker, Sir. This is a good Bill and it gives the country an opportunity to strengthen its security which has been wanting and has been under attack, especially by the bad people called terrorists. This Bill will go a great deal in trying to control terrorism. I would urge the government to give women priority in recruitment of police reservists because women are within the vulnerable groups and I will explain why. Within the pastoralist society you find that when men have gone to herd cattle, women are left and they are vulnerable. They know what is happening within the society. When they go to fetch firewood, when they go to---

On a point of order, Mr. Deputy Speaker, Sir. Sen. Sijeny is talking about women being enrolled in the KPRs, will they be cooking for them or what are they going to do because the terrain there is very difficult?

Let me get this right, Sen. Sijeny. By saying that women should be given priority, do you mean in recruitment? Do you mean that there should be the one-third gender rule in the recruitment of the Police reservists? I want to understand. Is that what you are saying?

Mr. Deputy Speaker, Sir, as a reservist what a man can do a woman can do better. I am of the considered opinion that if trained, it depends on which area, they can still do the duty. We have seen many areas where the population is high – even if someone is whispering here that the terrains are difficult, they still go up and down - so they can assist. Why not give them an opportunity? That is why I am saying “what the men can do, the women can do better.” It will make a difference.

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Order, Senators! Order, Sen. Munyes. I have only two more requests. These will be the final ones; Sen. (Prof.) Lesan and Sen. Abdirahman, in that order.

Thank you, Mr. Deputy Speaker, Sir. Let me also take the opportunity to thank my colleague Sen. (Prof.) Lonyangapuo for bringing this Bill. He is an experienced person who has experienced the situation on the ground. Police reservists are actually men who are going to be at the site of possible crime at an instant at the time the crime is being committed. These police reservists are going to do a good job because they will be there first hand and they will deal with the problem quickly. Mr. Deputy Speaker, Sir, from the selection of these individuals, I note that some of the individuals are 60 years old. It is important that we protect them as well from the effects of their age and duty. If we are going to remunerate them, some of the remuneration that should be given to them would be in the form of a medical scheme. In case they get any injuries or are hurt in the course of duty, they will be taken care of. They are likely to go through injury because of their age and susceptibility. Mr. Deputy Speaker, Sir, it is also important that when these reservists are given arms; these arms as well are likely to fall into the wrong arms within the same community and this can be used against the population. So, it is very important that the selection is thorough; we should vet the individuals who are going to have these arms, lest these arms which are within the population injure the population. Otherwise, the idea of police reservists is an excellent tool to be used to preserve security within communities that are distant from organized government forces.

Mr. Deputy Speaker, Sir, I want to add my voice to those of my colleagues who supported this particular Bill by Sen. (Prof.) Lonyangapuo, and I stand to make two comments. First, the Kenya Police Reservists have suffered in the past as a result of the failure by the Ministry of Interior and National Coordination to make a clear policy in terms of remuneration, command structure and deployment. On several occasions, deployment has been questioned in a number of areas particularly in the ASAL areas where these people have served and communities continued pointing at each other. I think as a result of trying to standardize their deployment and operation structure, we will get rid of those suspicions that were leveled against one community. I also feel that 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.

On a point of order, Mr. Deputy Speaker, Sir. Pursuant to Standing Order No.54(3), I want to request that the we defer the putting of the question to the following day, because if I look at the numbers of the leaders of delegations in the House, they are not sufficient because this is a matter that touches on counties.

Sen. (Prof.) Lonyangapuo, I want to assume that you rose under Standing Order No.54 (3) because you are assuming there is no quorum and that makes a lot of sense. Why do you not allow us to ring the Division Bell and then we determine whether we are going to vote or not after determining the threshold? This is a Bill that affects counties and we are now going to Division. The Division Bell is going to be rung for two minutes and then we shall proceed from that point.

Order, Senators! I am informed that we now have the threshold for voting and so I will now put the question. I do not know whether we shall vote manually or not because I do not know whether the electronic voting system is now working.

On a point of order, Mr. Speaker, Sir. I bring to your attention that the Senator voting on behalf of Nakuru County has breached Standing Order No. 77(5). It is very clear and explicit on how Members should vote when it is a roll call vote. I seek your opinion.

Can you vote correctly, Senator.

On a point of order, Mr. Speaker, Sir. I stand under Standing Order No. 77(5), and wish your guidance. Are you persuaded that the Senator for Busia County has voted according to the provisions of that Standing Order?

Hon. Members, let us finish the roll call, then I will deal with that issue.

On a point of order, Mr. Speaker, Sir. Are you persuaded that the Senator for Bungoma County has voted in view of the provisions of the Standing Order No. 77(5)?

For me to answer that question, can you please put me up to speed? What did the Senator for Busia County do or did not do? 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, allow me to start with the Senator for Busia. He said that: “Busia votes Yes.” The Senator for Bungoma County said: “The entire delegation of Bungoma votes Yes.” That is contrary to the provisions of Standing Order No. 77(5).

On a point of order, Mr. Speaker, Sir, I rise on standing order 110(b), for the last few minutes, we have been entertained by Sen. Khalwale by rising with unnecessary points of order. I was here and I saw Sen. Wako; he rose as he voted, including the Senator for Homa Bay County. Please, can you rule him out of order?

Order, Senators. You can say that Sen. (Dr.) Khalwale is persisting but he is not because the point he is raising is not frivolous at all. In fact, it is in our Standing Orders and Sen. Khaniri also raised it. I think it is important for Members to acquaint themselves with the issue of voting. This is a very important issue. It is one of the foundations of us being here; voting as delegations. Standing Order No.77(5) says:- “When called out, each Senator shall, thereupon rise in his or her place and declare assent or dissent to the question in the following manner: “I vote Yes” or “I vote No” or: ”I abstain” or use appropriate Kenyan Sign Language.” Sen. (Dr.) Khalwale is making is a very important point and I have had occasion to raise it in the past. Voting is a very serious issue. If you say that the entire Bungoma delegation votes YES and we know very well that there is only one person from there, there is strictly no delegation but for Kisii and Nairobi, we have more than one person in that delegation. I do not believe that the correct word is that the entire delegation votes. The assumption is that you are voting on the authority of your delegation and therefore it is either Busia Votes Yes or No or Abstains. For the future when we are voting manually like this, you will remember that Standing Order No.77(5) provides a mandatory way of voting. It is important because it goes on HANSARD.

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

Sen. Wako, do you have your card?

No but---

I have not given you the Floor, Sen. Wako.

On a point of order, Mr. Deputy Speaker, Sir. I am not challenging the provisions of Standing Order No.77(5), but we also know that when we vote on matters affecting counties, we vote as delegations and not as individuals. That is why when the name of Sen. Mike Sonko is called, it is Beth Mugo who stands up to vote because she has a proxy to vote. When Kisii is called, it is Sen. Obure, but Sen. Ong’era stands up to vote on behalf of the delegation. So, we must not isolate Standing Orders and read them away from the Constitution. I have the liberty to say “my entire delegation”. I represent people. I am here in plural terms.

I do not want to appear to altercate with you but what is an entire Bungoma delegation? It is you and who? It is important that we respect rules. If you say Bungoma or Busia votes, I respect that and accept it. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Deputy Speaker, Sir. The point being made by Sen. (Dr.) Khalwale is very important. Although the Constitution recognizes that voting is by delegations but when it comes to voting, Article 123(4)(b) says that “the person who votes on behalf of the delegation”. It is that person to put it on record whether he is voting yes or no. I believe that the Standing Orders have been made on the strength of the Constitution. If somebody comes and says “Busia votes yes”, who do you account that vote to? Is it the whole of Busia County or Sen. Wako? It is Sen. Wako to take personal responsibility for the vote. As you put it, voting is a serious matter and we should take account when people one day want to know what happened. As you know, the membership of the Senate, at any one time, is prescribed under the Constitution. Posterity would want to know that when the Senator for Busia rose, did he vote Yes or No. It is not the county or the delegation voting; it is one person who stands and must take responsibility for that vote. I believe that Standing Order No.77(5) is on the foundation of Article 123(4)(b).

I am not going to allow any more points of order. I have made a ruling on this matter. Sen. (Dr.) Khalwale has said it correctly and that has been reiterated by Sen. Orengo. That closes the matter.

Order! Can I make this clear? I have made a ruling on the issue of delegation and I have sustained the contention of Sen. (Dr.) Khalwale that on voting, it is either you vote Yes, No or Abstain. Sen. Orengo has reiterated it with a foundation on the relevant articles of the Constitution. So, there is no issue as far as I am concerned.

Mr. Deputy Speaker, Sir---

Sen. Wetangula, if you want to raise issues with me, you can but I have made a ruling on that issue. I have actually done it in the past. It is just a reiteration that you are either going to vote Yes, No or Abstain. This is provided for very clearly in the Standing Orders. Now shall we get to the voting?

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

Order! Sen. Wako, you are out of order.

I may be out of order---

Order! Sen. Wako, you are out of order.

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Order, Senators! The vote is in and the results are as follows:-

Order, Members! As you are aware, we are now done with Order No.8. The vote has ended. The Speaker had ruled that after this business, we shall go back to Statements. I do not know whether we should move to Statements at 5.00 p.m. because we thought we would end with that matter much sooner. We will move on to the next Order. The outstanding Statements will be dealt with tomorrow afternoon. 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. Kembi-Gitura) Hon. Senators, we are resuming debate on The Potato Produce and Marketing Bill (Senate Bill No.22 of 2014). The last Senator to speak on this Bill was Sen. G.G. Kariuki and he concluded his contribution. The Floor is open. Sen. Chelule, do you want to contribute to the debate?

I have a point of order, Mr. Deputy Speaker, Sir.

Proceed, you have the Floor.

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

What is the point of order?

Order, Senators! Let us observe some decorum in the House, please. Proceed, Sen. Chelule.

Mr. Deputy Speaker, Sir, my point of order is about my voting card. I have been mandated by the Senator for Nakuru County to vote on his behalf when he is not around. But I hope you are aware that I have been coming to the front to vote because I am not able to to use my card. I want to know why.

Sen. Chelule, that cannot be a point of order. That is an administrative matter which you need to sort out with the relevant office. It is not an issue I am able to deal with at this point in time. If you walk outside, you will find the people sitting out there who should be able to help you on the issue of your card. Sen. Ndiema, you can proceed.

Mr. Deputy Speaker, Sir, first, I would like to thank the Senator for Nyandarua County for coming up with this Bill that seeks to regulate and develop the potato industry. The potato is a very important food crop. As I speak, it is the number two staple food for Kenyans. Unlike the other crops which are of less importance, the potato industry, for a long time, has not had a regulatory framework. Opportunities in this area have not, therefore, been exploited to the full. By coming up with a Bill that seeks to regulate the industry, we shall be standing in a better state to ensure that this crop gets the attention it deserves. Apart from being a food crop, the potato also has other industrial uses. It can be fed to cattle, pigs or processed for starch to be used in the medical industry. It is also used to make disposable utensils like plates. It is better than plastic because it is biodegradable. 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 want to also join my colleagues in thanking Sen. (Eng.) Muriuki for taking time to identify a crop which is like a niche product in his county. He has worked on a Bill that is going to address the challenges facing potato farming in the country. Potato is a cash crop as well as a food crop and there were times when in the early1990s and late 1980s, potato was synonymous with Molo. There were two products that were very key- those of us studying in Egerton University would talk of two Molo products, that is, the potato and lamb to the extent that they even obtained a trademark to be sold outside the country. I am surprised that the potato we were talking about never had any attention to the extent that it is now that we are remembering to draft a Bill that can address the production of this crop. Nyandarua County is the main producer of food that is consumed here in Nairobi City and the neighbouring counties. For that reason, we need to identify the main produce that comes from every county. Today we are talking about potato production. When I 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.

On a point of order, Mr. Temporary Speaker, Sir. I reasonably have an image of how Sen. Ntutu looks like; his towering figure and usual position in the Senate. I just tried to say that he is not in the House now. However, the Senator for West Pokot, Sen. (Prof.) Lonyangapuo, insists that Sen. Ntutu is in this House. Can he please point to us who among the Members seated here is Sen. Ntutu? Is he in order to say that Sen. Ntutu is in the House when he could be in Muthaiga Police Station?

Sen. Hassan, I think it was very clear that there is a product from Sen. Ntutu’s county, which Sen. (Prof.) Lonyangapuo wanted to tell the House. He even went ahead to say that it is wheat. 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, Sen. Hassan only wants to remind us that he was my student and a very good student leader. So, he wanted me as his principal to recognise that fact. Mr. Temporary Speaker, Sir, I beg to support.

Thank you, Mr. Temporary Speaker, Sir. As I support this Motion, I have asked myself two questions; the first one is, the appetite my daughter, at the age of five years, has for chips. Like many children who grow up in Nairobi and other urban areas, when you ask them where milk comes from, they will tell you that it comes from the fridge. Little do they know how the poor of this country in the rural areas have to toil hours upon hours to create milk before it finds its way eventually in the fridge. Similarly, my daughter, like many other age-mates that she has in the county, does not know the amount of industry that is involved by our peasant farmers in the rural areas, to ensure that people eat chips here in Nairobi, Mombasa and other areas. The second question I asked myself is; Supposing farmers went the “ Animal

” way where animals boycotted production, and potato farmers boycotted supplying to Nairobi? What would people eat? Serious businesses would collapse. The fish, chicken and chips shops that we have in Nairobi would collapse. Five star hotels and supermarkets would be affected. Mr. Temporary Speaker, Sir, therefore, as we contemplate on these two questions, we should be asking ourselves: What are we doing as the fathers of equity in this country to ensure that the astronomical profits that owners of five star hotels make, can trickle down to the farmers? When you go to a five star hotel and ask for a plate of chips plus a few additional items that include garlic and green vegetables, you are told to pay Kshs5,600 for that plate. The farmer who produced a whole bag that has made many of such plates that the five star hotel has sold at a whooping Kshs5,600 gets nothing. We have to move in as the fathers, mothers, grandmothers, daughters and sisters of equity to ensure that, that benefit is passed over to the farmers. There are three cardinal wanyonges in the potato industry. The first one in the farmer, the second one is the hawker and the third one is the loader. These people are seriously exploited. I was born on the western part of the country and have had the privilege to work across the whole Republic all the way to the Coast. I have passed for decades driving between the Coast, and central Kenya to my home. Every time I pass while driving; I always remember to load my boot with potatoes. I ask myself, for a period of over 30 years that I have driven on this road and bought these things, how come, it has not occurred to the Government that you cannot wish away those young and middle aged women who hawk potatoes. Why would a patriotic Government that cares for her people not put up sheds? When it rains, these mamas run after us. When there is sunlight, these mamas are there being scorched by the sun. The Government should rise and we are the catalyst to force it to rise to the cry of the poor. Mr. Temporary Speaker, Sir, we have made the people who feed us to be beasts of burden. I say no. As if that is not enough, they also pay taxes. You will find people from county governments these days with receipts collecting taxes from these mamas. As soon as they pay the taxes, it does not end up in the coffers of the county government. That money, these days just lines the pockets of Governors and their officers; revenue 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.

Kindly, hold my time, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, I have sat here for about two or three minutes, but my conscience would not rest particularly because of this statement that came from Sen. (Dr.) Khalwale:- “maybe we might not need a President who is democratic.” That is a dangerous statement coming from Sen. (Dr.) Khalwale, because we do need a President who is democratic. So, is he in order to suggest that a country which the preamble of its Constitution states that this is a democratic country, say that type of a thing? I have tried not to raise it but my conscience would not rest.

Thank you. Mr. Temporary Speaker, Sir, I only came into contact with English because it was the medium of learning. Ordinarily, I would only be speaking Kiluhya and Kiswahili. What I really meant was that over and above being a democratic President, the greater character might be the one who fights corruption. I believe in democracy and we have paid high prices for democracy. Thank you, Sen. Hassan.

So, Mr. Temporary Speaker, Sir, these blokes who have impoverished our farmers in the sugar industry, especially Mumias Sugar Company are big men and women, walking around in Nairobi, speaking in boardrooms; speaking “fat” English; they are useless! Mr. Temporary Speaker, Sir, I want to use this Floor today to say that I support Sen. Mbuvi in what he is doing in the County Government of Nairobi because the same cartels that Governor Kidero used to loot Mumias Sugar Company have followed him; now they are busy looting the County Government of Nairobi. The time will come when we shall unravel these things. Mr. Temporary Speaker, Sir, because the KSB has been made incapable of performing, we now have petty wars between Butali Sugar Company and West Kenya Sugar Company. There is nobody to arbitrate and they are now being forced to go to court. The courts do not have time because they are too busy so that a simple trade matter 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. Ongoro, I believe you are using Temporary Card 2?

Thank you very much, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, can you save me from the loud consultations of Sen. (Dr.) Khalwale?

Order, Sen. (Dr.) Khalwale! Please, consult in low tones.

Thank you, Mr. Temporary Speaker, Sir. I will not belabor my points. I am in support of this Bill. It has been said before and I think everybody knows that apart from maize in this country, potatoes are ranked number two as a staple food. In terms of the consumption rates, this crop has the capacity to not only make us food sufficient by feeding the nation, but also in creating wealth as a cash crop. However, it is really sad that the growing and the marketing of this crop – especially the marketing – and the prices of potatoes have been left in the hands of middlemen. That obtaining scenario means that the farmers on the one hand, who are the producers, are suffering and the consumers on the other hand are also suffering. This scenario also means that the middlemen can hoard potatoes at will when they want to raise the prices and they sell at a price determined by themselves. This is a scenario that eventually discourages potato farming because the farmers are not getting value for their efforts. Therefore, I support the creation of a National Council, which should be directly charged with the responsibility of ensuring production, storage, marketing and even the quality of the potatoes that will reach the markets. Mr. Temporary Speaker, Sir, I do not wish to repeat all the points that have been raised. While I am in support, I would like to encourage us, as a nation, not to be a retrogressive society. I support the creation of boards very much because they deal directly with their mandate, which in this case, like the Potato Board, will be to ensure increased production of a high quality potato yield and ensure that farmers and consumers alike get value for their money and efforts. But we cannot be creating boards The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity to also contribute to the same Bill. Before I do so, I really want to thank the able Sen. (Eng.) Muriuki for bringing this Bill to the Floor. I have a few reasons why I am supporting this Potato Produce and Marketing Bill. My first reason is about production. I know that farmers will be empowered and they will have quality planting seeds. The second reason is about storage; I know that once this Bill is passed, farmers will benefit from the stores because I know that most farmers from potato growing areas will be encouraged to put up a very big store – twice as big as this House – and I know this will enable them to store and market their produce at an opportune time. So, this will address the marketing problems that they are facing right now. But as I am talking today, just to represent these farmers, they are suffering in the hands of middlemen because farmers cannot sell their produce at the right prices because they do not have a strategic store where they can store and maybe package their produce. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for giving me this chance to talk about this very important product which comes from the highland region. It also comes from heavy rainfall regions with deep rich volcanic soils. There is nothing else that can grow in this environment apart from potatoes. We are therefore talking about a selective crop which is dominant in particular regions and which has competed with many other crops and has survived the bad weather all the years. It is this crop which has also dominated the highland conditions and the volcanic soils more than any other crop from the region. As you know, Kenya as a country has very few areas which are arable. More than 75 per cent of Kenya is either arid or semi-arid. It is only about 20 to 25 per cent which can be termed to be arable. Going by the population of Kenya of about 40 million to be adequately fed, is one of the wonders of the world. Going by what I know about the levels of hunger, poverty and population increase, it is supposed to be coupled with an The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante sana, Bw. Spika wa Muda, kwa kunipatia nafasi hii. Nataka kuchangia Hoja hii ya mmea wa viazi, ambao ni mmea wa ajabu. Kwanza, mmea wa viazi umeondoa njaa katika maeneo yote nchini Kenya. Pili, mmea huu umeweza kuondoa---

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Order, Senator! Sen. Kittony, you have not requested a chance to speak. The system is not showing that you have made the request.

I hope my time is checked. Bw. Spika wa Muda, tunaona ya kwamba wanaofaidika katika mmea wa viazi hasa ni wakulima. Nilipokuwa Mwenyekiti wa Shirika kuu la Agricultural Society of Kenya (ASK), tuliona ya kwamba wakulima hawapewi kipaumbele. Wakulima wanawekwa nyuma kwa sababu hawapewi nafasi ya kuona ya kwamba mimea yao imewapatia faida. Kitu ambacho kinatutia moyo zaidi ni kwamba mmea wa viazi pia umeweza kufaidisha wanabiashara na kuondoa umaskini. Kwa hivyo, huu ni mmea ambao Serikali inastahili kuutilia kipaumbele. Huko Pwani, kuna mmea wa korosho ambao umetuondolea umaskini. Hii ni kwa sababu miaka miwili au mitatu baada ya kuupanda mmea huu, wakulima wamepata faida tele. Mmea huu umeweza kuwasomeshea watoto na mimi mwenyewe ni kielelezo; nilisomeshwa kutokana mapato kutoka kwa korosho. Nakumbuka zaidi, tulipokuwa vijana huko Pwani, Kaunti ya Kilifi pamoja na ya Kwale ndizo ziko na mimea ya korosho. Huu ndio mkadirio wa wakulima wa Pwani. Mmea huu umetuletea faida ya kifedha na kuimarisha uchumi wetu. Ukiangalia maisha ya watu wa Kaunti ya Kilifi, wakati mmea huo ulikuwa unapandwa na kuleta faida, watu wa Kilifi waliboreshea uchumi wao katika miaka ya 1960 na 1970. Lakini la kusikitisha, Bw. Spika wa Muda, ni kwamba katika miaka ya mwisho wa 1980, kuingilia 1990, mabwenyenye wengi waliingilia kiwanda cha korosho na kuiba mali na kuona kwamba mtambo huu hautalipa ridhaa za wale wakulima waliopeleka korosho zao kwenye kiwanda hicho ili wapate faida na kusomesha watoto wao. Ni jambo la kusikitisha ya kwamba hakuna hata hatua moja iliyochukuliwa kwa mabwenyenye hawa kuwashtaki. Hawa ni wakenya, wakurugenzi wa Kenya CashewnutCompany Limited (KCCL) ambayo ilikuwa huko kilifi, waliochukua pesa, wengine walichukua mikopo kutoka kwa benki lakini pesa hizo hazikuregeshwa. Hatimaye waliweza kukibwaga kiwanda hicho. Serikali lazima ichukue hatua kuona kwamba wale walioangusha KCCL wameshikwa na kuulizwa ni kwa sababu gani walifanya makosa kama hayo na hatimaye washtakiwe kortini. Ikiwa itawezekana mali yao yote ambayo walikuwa nayo iregeshwe. Tuko na vipengele vinavyosema kwamba kama ulichukua mali ya haramu utaregesha. Kwa hivyo, wale ambao walipata mali kupitia kiwanda hicho na hatimaye wakakiua wachukuliwe hatua. Sisi tunasema kwamba katika hizi serikali zetu zilizokuwako, hasa serikali yetu ya pili, hii ni serikali ambayo ilikuwa imeruhusu watu hao watende kitendo kama hicho. Tuliweza kuuliza serikali ya tatu ya kwamba waregeshe kiwanda hicho na wakasema wataregesha lakini hatimaye haikuwezekana. Hivi sasa tunajua serikali iliyoko ni serikali ya Jubilee na inajua historia hii yote. Lazima hatua ichukuliwe sasa na tunataka Serikali hii kuhakikisha kwamba kiwanda hicho kimeregeshwa kwa wananchi. Hivi sasa walioko ni watu wanaofanya biashara ndogo ndogo ambao wameondoa mtambo na kila kitu kilichobaki pale ni gofu tu ama sinema, hakuna chochote kinachoendelea kwenye mtambo. Sisi tunasema ya kwamba, Serikali ina uwezo wa 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. Kittony, you still wanted to talk? For your information, the system is not even showing your name, so do not think that I was overlooking you. May be there is a technical problem.

Mr. Temporary Speaker, Sir. I join the rest of my colleagues in supporting this Bill. Potato saves lives in this country; it is a crop that grows within three months unlike maize which takes nine months. The statistics show that 1.7 million Kenyans are starving right now. When you look at the areas where those people come from, they do not produce any potatoes at all because the climate is not favourable for growing potatoes. If you go to some parts of the Rift Valley like Timboroa, Kericho and Molo, you will see happiness. You will see women on the road selling their produce. Therefore, we should pass this Bill so that those people are assisted to get value for what they are producing. Most of these farmers are women. They sit by the roadside selling their produce at a very cheap price, because they have to get rid of it since it cannot stay for a long period. I also support the fact that more research needs to be undertaken. In addition, good storage facilities should be built so that the produce can last longer. Potatoes are very popular not only in major joints in the country, but also in the world. When you eat fish and chips, you know that you have eaten good food. Therefore, potato farmers need to be protected. This Bill needs to be passed so that, at least, those women who labour and save lives in ways get value for their sweat. Sometime back when this country had problems, you could not find vegetables and potatoes on the road. There was gloom around. But when you see women selling food on the roadside, then you know that there is also happiness in our society. Mr. Temporary Speaker, Sir, I support this Bill.

It is now time to interrupt the business of the House. The House, therefore, stands adjourned until tomorrow, Wednesday 25th, February, 2015, at 2.30 p.m. The House 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.