Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 26th February, 2015:- The Report of the Sessional Committee on Devolved Government on the Suitability of Nominees to the Position of Commissioner in the Commission of Inquiry into the Petition to Dissolve the Makueni County Government.

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 26th February, 2015:- Report of the Joint Committee on Parliamentary Broadcasting and Library Delegation to the 2014 World Library and Information Congress held in Leone, France from 16th to 22nd August 2014.

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 beg to lay the following Paper on the Table of the Senate today, Thursday 26th February, 2015:- The Report of the Standing Committee on Health, on the 20th International AIDS Conference, held in Melbourne Australia from 20th – 25th July 2014. Thank you.

(Dr.) Kuti laid the document on the Table)

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts The Report of the Joint Committee on Parliamentary Broadcasting and Library Delegation to the 2014 World Library and Information Congress, held in Leone, France from 16th to 22nd August 2014, laid on the Table of the House today, Thursday, 26thFebruary, 2015. ADOPTION OF REPORT ON SUITABILITY OF NOMINEES TO THE COMMISSION OF INQUIRY INTO THE PETITION TO DISSOLVE THE MAKUENI COUNTY GOVERNMENT

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts The Report of the Sessional Committee on Devolved Government on the Suitability of Nominees to the Position of Commissioners in the commission of Inquiry into the Petition to Dissolve the Makueni County Government, laid on the Table of this House today, 26th February, 2015.

Sen. (Dr.) Kuti, do you have something else to do?

Yeah, I want to give a notice of Motion.

You have the Floor. 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. Did you notice that when you asked the distinguished Senator if he had anything to put on the Table he said: “Yeah?” In this House, we say: “Yes, Mr. Deputy Speaker, Sir.”

Sen. (Dr.) Kuti I am sure you have noted that. Have you?

Noted with apology, Mr. Deputy Speaker, Sir. It is because I pressed this button twice, but you did not notice me. First was for the laying of a Paper on the Table and again, for the Notice of Motion, I got a little bit ---

That does not give you a licence to use unparliamentary language.

For sure, yes, Mr. Deputy Speaker, Sir.

I assume that is why you have apologised. ADOPTION OF REPORT ON THE 20TH INTERNATIONAL AIDS CONFERENCE, HELD IN MELBOURNE, AUSTRALIA, FROM 20TH – 25TH JULY 2014

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, The Senate notes and adopts The Report of the Standing Committee on Health, on the 20th International AIDS Conference, in Melbourne Australia, which was held from 20th – 25th July 2014.

Hon. Members, we will take the Statements that are there to be sought and given. I would like us to take a short time on that. I would like to draw your attention to Orders Nos. 8, 9 and 10, which must be finalized today. I am making a special request to all of you that you please bear that in mind, even as we sit this afternoon. Those are three areas that we must conclude this afternoon. Sen. Wangari! STATUS OF THE KWS COMMUNITY ENTERPRISE DEVELOPMENT FUND

Mr. Deputy Speaker, Sir, two weeks ago I had sought a Statement from the Standing Committee of Lands and Natural Resources on Kenya Wildlife Service (KWS) on how the enterprise fund has benefitted communities, especially the community around Lake Nakuru National Park. That Statement is due today and I am finding out the status. 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.

Maybe you are being impatient. I am dealing with Senators who are seeking Statements. I want you to raise that issue when we come to Statements. Sen. Obure

Order! May I request that you consult in low tones so that Sen. Obure can be heard? Let us get some order in the House, please. REBUILDING OF SCHOOLS DESTROYED BY FIRE, WIND OR STORMS IN KISII COUNTY

Mr. Deputy Speaker, Sir, thank you for this opportunity. I rise to seek a Statement from the Chairperson of the Senate Standing Committee on Education. In the Statement, the Chairperson should respond to the following specific issues:- (i) Whether the Ministry of Education in the national Government is aware that a number of infrastructure facilities, including classrooms, administration blocks and dormitories in the following schools in Kisii have been destroyed by fire, wind or storm water in the last two years, thereby undermining the capacity of those institutions to offer learning for students. The schools are: St. Don Bosco Boarding School, Mosobeti Primary School, Rianyabaru Primary School, St. Andrews Mugumo Secondary School, Emenwa Primary, Kenyenya Secondary, Sameta High School and Mochengo Secondary School. (ii) What action has the Ministry taken to rebuild the facilities to allow learning to be restored and what measures do the institutions require to put in place to minimize exposure to this risk. (iii) How much money has been spent, if at all, from the Ministry’s infrastructure development and maintenance budget allocation towards improvement of facilities in schools in Kisii County in the Financial Years 2012/2013, 2013/2014 and 2014/2015. What percentage does this amount represents of the Ministry’s total budget for schools infrastructure development and maintenance.

Sen. Karaba.

Could you, please, use your microphone?

I will respond in two week’s time.

Sen. Obure, is it okay.

Yes, Mr. Deputy Speaker, Sir.

Those are the only Statements being sought. Sen. Wangari, you were saying something. 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, two weeks ago I had sought a Statement from the Chair, Committee of Lands and Natural Resources on KWS Fund called Enterprise Fund, how it has benefitted communities and specifically, the community around Lake Nakuru National Park and also the constitution of the committees that are supposed to be done by KWS to deal with conflicts between humans and animals. I was checking the status of the Statement because it is due today.

Mr. Deputy Speaker, Sir, we wrote to the Cabinet Secretary for Water and Environment---

Sen. Khaniri, are you on a point of order?

On a point of order, Mr. Deputy Speaker, Sir. Sen. Wangari, who is seeking the Statement is a Member of the Committee that she is requesting it from. She is fully aware because she attended the last meeting where we were looking at the Statements that are due. She is fully aware that the Ministry has not responded to this issue despite the fact that we had made the request for the Minister to respond. Is she in order to spend the time of this House requesting for this Statement when she fully knows that the Statement is not ready?

Sen. Wangari, what do you have to say to that?

Mr. Deputy Speaker, Sir, I am very aware that I am a Member of that Committee. However, I did not seek this Statement from the Committee sitting. I sought it from this House and it was given a timeline. Since the last meeting, the Statement could have come anyway without my knowledge. We know that this is a House of records. Therefore, I am in order to request for the Statement.

On a point of order, Mr. Deputy Speaker, Sir. Last week on Thursday, I rose on a point of order to seek a Statement from the Chairperson---

Let us finish the one for Sen. Wangari.

On a point of order, Mr. Deputy Speaker, Sir. I want to agree with Sen. Wangari that for the Statement she is seeking the voice should come through the Chairman of the Committee. Once a Statement is sought, it becomes a property of the House and not of the Committee. She should be given the Statement by the Cabinet Secretary concerned and let it be debated. We will also have an opportunity to participate in that debate.

Sen. Khaniri, thank you for raising that issue. Whether or not, a Statement is issued at a particular time is administrative. As Sen. Muthama has said correctly, once a Statement has been sought, it becomes the property of the House. Maybe, there are some Members who are not privy to the Committee proceedings who had come here prepared to interrogate the Statement. If that 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, we wrote to the Ministry of Water and Environment and they promised to bring the answer before 25th February, 2015. But as of today, the Statement has not yet been received by our Committee. I will request for your indulgence for a few more days so that we can bring a comprehensive report. Maybe Wednesday, next week, will be okay with us.

I notice you have used the word “maybe”. Are you not sure?

Mr. Deputy Speaker, Sir, the only reason I used the word “maybe” is because between today and Wednesday, next week, there are two working days. I hope we will get the Statement and immediately we get it, we will table it here.

I will allow you to bring it on Wednesday so that you can pursue it on Tuesday. CLOSURE OF LIVESTOCK MARKETS IN WEST POKOT COUNTY

Mr. Deputy Speaker, Sir, two weeks ago I sought a Statement directed to the Chairman of the Committee of Agriculture, Livestock and Fisheries in which I sought to know when the Ministry will step in to handle the ban they subjected to my people where cows were stopped from being sold as a result of foot and mouth disease. They promised to give the answer this week.

Order, Senators. Order, Sen. Wamatangi. You are consulting rather loudly and yet we need to do business of the House. Sen. (Prof.) Lonyangapuo, you sought a Statement from the Standing Committee on Agriculture, Livestock and Fisheries?

Yes, Mr. Deputy Speaker, Sir.

Chairperson of the Committee of Agriculture, Livestock and Fisheries, your statement is due on 4th of March, 2015, not today. My records show that it is due on 4th of March, 2015. So, you are a bit hasty. CHOLERA OUTBREAK IN KENYA

Mr. Deputy Speaker, Sir, last week on Thursday, I sought a Statement from the Chairperson of the Committee on Health on the situation of cholera epidemic that is ravaging the counties of Migori, Kisii, even Kamukunji in Nairobi County and other parts of this country. I wanted to get details on how much Government 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, we got a reply from the National Disaster Operation Centre (NDOC), which even as a Committee and having shared it with the questioner, we felt the answer is not satisfactory. I personally send a message to the Director of Medical Service after that and asked the clerks to follow it up. However, up to now, we do not have any communication from the Ministry of Health. I know that this is a very urgent matter; it is an emergency, but unfortunately, we do not have a satisfactory answer to give at this time.

Sen. (Dr.) Kuti, an issue like the outbreak of cholera is, as you have correctly put it, an urgent situation that must be dealt with urgently so that people from the respective areas know what is being done. Although you say the answer is not satisfactory, I do not know whether you have shared it with Sen. (Dr.) Machage because sometimes it is good to put that one as a holding statement so that Members can interrogate it, discuss it and then see what exactly needs to be brought out. That is my view on this issue because some of these things are very urgent to be kept pending; they may become irrelevant in due course. Having said that, can you give your answer early next week? Sen. (Dr.) Machage, I do not know what your view is, but that is the view I have on this issue.

Mr. Deputy Speaker, Sir, if I may seek your indulgence, there are figures here, but there also some activities that ought to have been done earlier. For example, up to now, there is no visit that has been done. Therefore, we felt that there are a lot of issues that the House will raise if we give this Statement because of the inadequacies that are very visible in it. We have shared it with the questioner.

Could you give us an indication?

Mr. Deputy Speaker, Sir, seeing the pace, we can give our answer by Wednesday, next week.

Mr. Deputy Speaker, Sir, the Chairperson of the Committee on Health is a medical doctor. I am privy to that information. He knows the importance and seriousness of this disease, its treatment and intervention. Fatalities of cholera can occur four hours after infection; and you have a death after an infection. Wednesday is rather too far and the weekend is there. Can he at least bring a comprehensive statement on Tuesday? One day difference in cholera means a lot.

Sen. (Dr.) Kuti, like Sen. (Dr.) Machage says, you, as a doctor of medicine knows better than most of us. So, could you give an answer on Tuesday even if it is a holding answer?

Mr. Deputy Speaker, Sir, we will try our best. I cannot promise because as you know very well, we have to seek these answers from the Ministry and other concerned parties. However, I will try my best and if we get a reliable answer, we will provide it on Tuesday.

Thank you, hon. Senator. That will be it for statements. 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. Ndiema, do you want to contribute to the Motion?

Yes, Mr. Deputy Speaker, Sir.

Yes, you will, but let us hear Sen. (Prof.) Lonyangapuo first so that we can get the way forward on this issue.

Mr. Deputy Speaker, Sir, on behalf Sen. Murungi, I wish to withdraw the amendment that was introduced last week. We drop it so that we leave the Motion without that amendment.

The effect of that will be that, with the withdrawal of Sen. Murungi’s Motion of amendment, then we go back to the main debate on the issue. Sen. Kagwe had finished contributing. So, proceed, Sen. Ndiema.

Mr. Deputy Speaker, Sir, I rise to contribute to this important Motion. From the outset, I am very uncomfortable with the criteria because despite the fact that the CRA has been there for two years, it does not seem to have changed the criteria substantially, especially to conform with the requirements of the Constitution. The Constitution requires that in arriving at the criteria, the following items must be looked at as indicated in Article 203(d) of the Constitution, which states:- “The need to ensure that county governments are able to perform the functions allocated to them.” Mr. Deputy Speaker, Sir, we are not told how this criteria relates to the functions or how it will help the counties to perform their functions. In the case of Trans Nzoia County, for instance, we recognize the fact that agriculture has been devolved. We do know how these criteria will assist in promoting agricultural production, which is fully 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) Anyang’-Nyong’o, are you on a point of order?

On a point of order, Mr. Deputy Speaker, Sir. Since the issues related to this particular Motion have been canvassed in this House for quite some time now and given the fact that we have substantial items on the agenda for today and subsequently, could I be in order to call upon the Mover to reply?

Sen. (Dr.) Kuti, you have a point of order?

Mr. Deputy Speaker, Sir, this is a very important debate. Therefore, it is important that many voices of Senators are heard. Therefore, it is important you reduce the time from that long time to a shorter time, but let everybody say something. Some of us are opposed to this thing. We want to be heard.

On a point of order, Mr. Deputy Speaker, Sir. We all know how difficult it is to have numbers here to vote. In the Order Paper, we have three serious Motions which we need to vote for. It is my sincere request that we do not spend a lot of time debating this Motion which has been debated before. I want to request the Chair, because we have the numbers, we go straight into voting. Those who debated represented the House and they do so, on behalf of those who did not speak.

On a point of order, Mr. Deputy Speaker, Sir. I have a lot of respect for my brother, Sen. Muthama.

Order, Senators! There is a lot of movement and very high consultations.

Mr. Deputy Speaker, Sir, I was saying that I have a lot of respect for my brother, Sen. Muthama. However, this habit of the House that whenever we want to ventilate on issues, particularly important issues affecting our counties, we are told that debate is enough---. It is not fair and we should be allowed to debate these matters exhaustively. It cannot be true that those who have spoken have spoken for others. I represent the people of Kitui County and nobody else here has the mandate, except me. I demand my right to represent the people of Kitui County by saying what I have to say on this Motion.

Mr. Deputy Speaker, Sir, much as we appreciate that every Member is here to debate, one of the fundamental responsibilities in this House is to vote on a Motion. This is where you express the desire, feelings and position of our counties. If we say that all the 67 of us have to ventilate on every Motion and there are timelines, then it means that we will really not make any progress on many of the issues. We must respect the fact that there is a timeline by which we must pass certain things. Also, not only can a decision be made by ventilation, but by voting on it. So, whether or not people support it, it is better to make a decision through a vote, than to continue speaking and then ultimately it becomes irrelevant. 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. Ndiema, can you complete your contribution.

Mr. Deputy Speaker, Sir, I was saying that I cannot justify, perhaps, why one county should get three times more than any other county. Even if we are talking about equalization and addressing poverty issues, I cannot understand why Trans Nzoia, for instance, can get half of what another county is getting. We are also aware that the population census that was carried out had a lot of questions. Therefore, relying merely on population would be unfair. We should reduce the weight that we give to population and increase the weight that we give to equal share to every county and also each county’s contribution to the Gross Domestic Product (GDP). Even the issue of introducing personal emoluments aspects would not be there if we considered GDP contribution. The CRA may say that it does not have figures on how much GDP each county is contributing. But if it is able to assess and rank counties according to their poverty level, there is no reason they cannot give us figures showing which county contributes what. We face a danger of destroying the goose that lays the golden egg. Mr. Deputy Speaker, Sir, with those few remarks, I wish this criteria could be changed to take into consideration the constitutional requirement, because I believe that it has not been taken care of. I beg to oppose.

Hon. Senators, I have taken cognizance of Standing Order No.98. I know that there has been a request that the Mover be asked to reply, but it is important that we listen to a few more Senators, as Sen. Musila has said, and then we can make that decision depending on the time. As Sen. Musila has said, this is an issue of great importance to all of us. We do also appreciate that there are timelines. However, it is not good enough reason to say that we must cut the debate short because the Senators want to go away. We have a duty to be here and debate. May I request that you take cognizance, as I had said earlier, that we are voting today on Order Nos.8, 9 and 10? It is imperative that we finish debate on them. I request you to keep that in mind. Please, stay around so that we are able to vote and achieve what it is that we need to achieve.

Mr. Deputy Speaker, Sir, I rise to oppose this formula because it is skewed. It promotes the old system of just pushing resources to those who have, and those who do not have because they did not have a President or Cabinet Minister at one time are left behind. They will be kept even further behind by this formula. In the formula for Constituencies Development Fund (CDF), there was equal sharing initially of about 50 per cent of the kitty. Then the rest were added according to those other factors, including population, poverty and so on. But when you give such a high percentage (45 per cent) based on population, this formula marginalizes further the already marginalized counties. This is because those people are the same ones who used to receive resources since Independence and beyond. Secondly, I know that some will argue and say: “What about the Equalization Fund?” Equalization Fund is Kshs6 billion, which is a drop in the ocean. It does not contribute in any way to equalizing. It just keeps people behind. Therefore, we want 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. Deputy Speaker, Sir, in the interest of time, I will be extremely brief because I have only two points to make. I agree with the Senator who has just spoken. This allocation of resources by the CRA should be geared towards correcting the disparities in development that exist today. It is 52 years after Independence and some counties are reeling with underdevelopment. There is poor infrastructure. Even today there are counties without even a single tarmac road, yet we see roads crisscrossing some counties here and there. Therefore, this formula does not address that issue. Secondly, from the beginning I raised the issue of the Equalization Fund. On behalf of the Senator for Baringo County, I also voiced the concern that Kitui County and Baringo County were cut off deliberately, when we know that those two counties deserve a share of the Equalization Fund. I am sure that Elgeyo-Marakwet County also falls in that line, if they are not receiving those funds. I request that we be given a report even before we approve this, on what has become of the recommendations on the Equalization Fund. Kitui County deserves and demands part of the Fund in this financial year. Mr. Deputy Speaker, Sir, I beg to oppose.

Thank you, Mr. Deputy Speaker, Sir. I want to thank the Members who have challenged this formula because we all mean well for our counties. Today I want to plead and persuade the Members that we dispense off this matter immediately because counties are waiting for us to make a decision on this formula. If we do not approve this formula, they will use the old formula to allocate resources to counties. I know that we have even passed the deadline for the approval of this formula, so that it can also go to National Assembly. We, as hon. Senators, should hold a conference to discuss issues pertaining to water, agriculture and health. These issues should be addressed immediately. Mr. Deputy Speaker, Sir, we, as a country, have achieved a lot in the last 50 years of Independence. However, counties want this Senate to do a lot for them by passing the right formula which will help them achieve more development. We do not want to go back to the old formula where some counties were given meager resource. The Committee on Finance, Commerce and Budget needs to engage the CRA for us to agree on a formula that will be acceptable to all of us. 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. From the outset, I stand to oppose this Motion and the timelines set. The CRA from day one, in conjunction with the Committee on Finance, Commerce and Budget, should have taken us for a retreat to educate and enlighten us so that we can have an understanding. Secondly, we are tying our counties which have given us mandate to be here for three years with this kind of formula. I do not understand why we are being told that there are timelines. Those timelines could have been considered from day one by CRA. They should have engaged and enlightened us. The governors have not even utilized effectively the money that has been sent to them with our involvement. Nobody will die if we deferred and used the current formula until we sort this matter out. Mr. Deputy Speaker, Sir, I beg to oppose.

Now the Mover may reply, since there is nobody else seeking the Floor.

Thank you, Mr. Deputy Speaker, Sir. I want to appreciate the comments made by the Members in the last two weeks. It is a very important Motion because it determines how much your respective counties will get. It is, therefore, a matter that I think that each Senator should pay attention to. When I moved this Motion, I explained each of these criteria in details so that Members can appreciate how it was arrived at. Once we approve this, it will be valid for the next three Financial Years; 2015/2016, 2016/2017 and 2017/2018. The next review is after three financial years. That is a constitutional provision. So, there is no way we can make the review an annual thing because in the Constitution, it is very clear that the formula in the first two reviews, will be after three financial years. From there onwards, the review will be after every five years. We must appreciate that we cannot do it every year. The second point that I want to clarify is that the Constitution is very clear in Article 217(7). It says:- “A resolution under this Article that is approved under clause (5) shall be binding until subsequent resolution has been approved.” In other words, if we delay in approving this year’s new formula because of the timeline, the current formula will continue as far as the Constitution is concerned, which is, in fact, not an improvement. This is a bit of an improvement and we explained it in detail. The third point that I want t o clarify---

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for the Chairman to try and scare Members by insinuating that a delay in the passing or the failure to pass this formula would mean that Members will have to stay with the other formula for three years, when the law does not say so? It actually gives us an opportunity to renegotiate and we can do that in a day or two days. Is that really in order? Is he not misleading the House?

Mr. Deputy Speaker, Sir, I read the Section very clearly. However, the Members have an opportunity any time in the next three years to move an amendment to the existing formula. The point remains that if this particular resolution is not passed, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Deputy Speaker, Sir. I do not want to interrupt the Chairman, but this is a very weighty issue and our constituents are waiting. He jumped to Article 217(7), but it has not even been reached, because we are now at Article 217(3). We first have to adopt as the Senate, then it goes to National Assembly. So, the question of Article 217(7) does not arise. We are just in the first step of approval by the Senate which is not provided in law here, what happens when we do not approve in the first instance. It means that we have time to still work on it.

On a point of order, Mr. Deputy Speaker, Sir. I think that Sen. Murkomen is misleading the House because Article 217(4) says that:- “Within sixty days after the Senate’s resolution is referred under clause (3), the National Assembly may consider the resolution, and vote to approve it, with or without amendments, or reject it.” Article 217(5) reads:- “(5) If the National Assembly – (a) does not vote on the resolution within sixty days, the resolution shall be regarded as having been approved by the National Assembly without amendment; or (b) votes on the resolution, the resolution shall have been- (i) amended only if at least two-thirds of the members of the Assembly vote in support of an amendment;” Mr. Deputy Speaker, Sir, it is very clear what will happen if we reject this. The resolution will be that we have rejected it. That resolution will go to the National Assembly and they have a right to approve or amend it. So, it is fair that when Sen. Murkomen is reading one section, he reads the other one as well.

On a point of order, Mr. Deputy Speaker, Sir. My point of order has something to do with the conduct of Members and fidelity to what they do in Committees. The CRA called the Committee on Devolved Government and The Committee on Finance, Commerce and Budget to Naivasha. In fact, one of the champions and advocates of this formula was the distinguished Senator for Elgeyo-Marakwet, who is the Chairperson of the Committee on Devolved Government. We left Naivasha with a unanimous decision on this formula. I am truly shocked that we now come here and engage in polemics and grandstandings on matters that we have agreed as hon. Senators of Committees.

Sen. Kembi-Gitura): Order, Senators! Order! All of you are going to have your say on your point of order. I would rather we do not go into legal interpretations of the Constitution at this point in time because you had time to canvass on this when debate was going on. I would rather--- 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, with all due respect to the Senate Minority Leader, what he has said is a complete lie and he is totally misleading---

Sen. Kembi-Gitura): Order, Sen. Murkomen! Could you start by withdrawing and apologizing?

Mr. Deputy Speaker, Sir, I withdraw and apologize on the use of the word “lies,” but let me repeat myself. With all due respect to the Senate Minority Leader and the Senator for Bungoma, what he said was totally misleading. It is not true. We went to Naivasha, not to vote as a Committee, not to agree with the CRA, but to listen to what they were providing. I objected to what they said in Naivasha. I still object to what they said. If anyone has a contrary position to what I said in Naivasha, he can tender the evidence. I am not a person who beats around the bush. But speaking for myself, what the Senate Minority Leader has said is totally misleading. Mr. Deputy Speaker, Sir, to confirm this other issue, even my position on Article 217(3), I was very clear that the only time the National Assembly will have this formula to consider is when it is passed by the Senate. The Speaker of the Senate will refer it to the National Assembly. I am just reading the law; I am not trying to split hairs.

Mr. Deputy Speaker, Sir, I was in Naivasha and I recall that the reason for that meeting was not to finally agree on a formula, but to consult on that formula. We were promised that the CRA will subject that formula to further processes, like public hearings, then get feedback and then bring it back to us---

Sen. Kembi-Gitura): Order, Sen. Hassan! What is your point of order?

Mr. Deputy Speaker, Sir, my point of order is that---

Sen. Kembi-Gitura): I am not going to allow people to debate using the backdoor. You either have a point of order or 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.

Mr. Deputy Speaker, Sir, we call ourselves hon. Senators and we must act as such. The information that my good friend, Sen. Hassan, is giving to this House is incorrect and misleading. My point of order is that he is misleading us.

Sen. Kembi-Gitura): Order, Sen. Mutula Kilonzo Jnr.! If that is your point of order, then you have made it, because I did not allow him to continue with that point of order.

Thank you, Mr. Deputy Speaker, Sir.

Sen. Kembi-Gitura): Sen. Billow, can you, please, proceed and hopefully finish giving your reply?

Mr. Deputy Speaker, Sir, with all due respect, it is very clear that there is a record. This is a House of records. Our Clerks were in that meeting and they recorded minutes of those meetings. We have them.

Yes!

What the CRA said is that, “this is our formula.” We told them “fine, after we have looked at it, forward it now to the House.” The matter was forwarded to the House, it was referred to the Committee and the Committee has now brought its report.

Sen. Kembi-Gitura): Sen. Billow, there is a point of order by Sen. (Dr.) Kuti.

On a point of order, Mr. Deputy Speaker, Sir. Sen. Murkomen is just an individual who participated in that meeting. The Motion has been discussed by the House; there are those who support it and there are those who are against it. Why do we not just move to the voting? This reference to Sen. Murkomen is an individual issue. There are those of us who are opposed to it even without going there.

Mr. Deputy Speaker, Sir, is it in order for Senators to say that Senators sat in Naivasha and approved the formula while the fact is that the CRA was just there to collect views? Some of our views, especially those that I gave were not considered.

Sen. Kembi-Gitura): Order! Order! The reason I say this is not the time to interpret or go through all those things you are talking about now is because you have the strongest tool, and that is the vote. So, if you can allow the Chairman, Sen. Billow, to wind up on his reply, then we are going to vote. So, the points of order you are making are not being useful or helpful at all. Sen. Billow, can you go on and finalize on what you were saying? I am not going to allow any more points of order on this issue.

Thank you, Mr. Deputy Speaker, Sir. Please, allow me to finish then you can vote. It is important for Members to appreciate what the Deputy Speaker has said, because the right we have in this House is to make a decision through voting. So, let us not make a big issue out of this matter. Mr. Deputy Speaker, Sir, let me now clarify one or two of the points raised by Members then I will sit down. I want to advise Members who are really concerned about the amount of money they are going to get that the most fundamental thing that this House needs to do so that we can have more money for Isiolo, Elgeyo-Marakwet or other 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.

But people are going!

They can go, but allow us to talk on the matter.

Sen. Kembi-Gitura): Order, Members!

Mr. Deputy Speaker, Sir, we cannot talk if Members are consulting loudly and walking out.

Sen. Kembi-Gitura): Order, Members! This is a House of honour and we have business to do here. As your Deputy Speaker on the Chair today, I will not be pressurized to end debate so that we can keep Senators here to vote. Every Senator knows that they have a duty and an obligation to vote. Our time ends at 6.30 p.m. So, if a Senator wants to leave and go away to do other things, then so be it. However, we cannot stop debate just so that people can sit here and vote. Every Senator knows what their duties and obligations are. So, we will allow the Chairperson of the Committee to finish making his reply and he will not be put under pressure by any Member. After he has finished making his reply, then the Division Bell will be rung and those who will be here will vote. If we shall not have sufficient numbers in terms of the threshold, we shall deal with the situation like we always do as the Senate. However, I am not going to allow a situation where the Chairperson of a Committee has taken so much time to work on the Motion, to prepare a reply and then he is being made to rush just so that we cannot keep Members here. We must have decorum in this House. I am going to enforce decorum as long as I am sitting on this Chair.

Thank you very much, Mr. Deputy Speaker, Sir. One of the parameters that Members did not seem to have understood and which some of the Members have raised a lot of concern about is population. I want to clarify on it. Population is a key parameter because all over the world in anything that you deal with people, it is the numbers that count. When we vote, when we create constituencies, counties and all those institutions, people go by the population. This is because when you are allocating money for health, you are buying medicine for people. I want to mention this because one of the Members who raised concern is from Isiolo. The population of Isiolo, as per census figures which are provided for here, is 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.) Kuti, do you have a point of order?

I am just taking it as an example---

But not a debate; a point of order!

On a point of order, Mr. Deputy, Speaker, Sir. Is the Chairperson for the Committee on Finance, Commerce and Budget, the distinguished Senator for Mandera in order to insinuate that we are not saying that population is an important factor? All we are saying is that the percentage that has to be shared equally has to be raised.

Order, Sen. (Dr.) Kuti! You had a chance to say that when you contributed.

Mr. Deputy Speaker, I was explaining the population parameter. Again, this thing is about devolution and counties. I want to clarify and discuss one important factor because there are Members who have tried to relate devolution to the CDF. CDF is the fund that deals with development projects only; you are building facilities like infrastructure. In county governments, it is about service delivery. Buying medicine is not like building offices. This is why you cannot say let 75 per cent of the money be shared out equally because of the number of people you are going to provide services. There are a lot of services that have been devolved and we know because we are the ones who transferred those functions; those functions need money, per capita. When you look at, in fact, the way the resources have been allocated, per capita for the small counties with the smaller population is significantly higher than for those bigger counties with bigger populations. The figures have been provided very clearly here. I want to take this just as an example and not because I belittle the counties that have lower population. When you look at the per capita you find that in counties like Meru, with 1.4 million people, the amount of money allocated last year was 5.6 billion. The population for Isiolo was 143,000; you would say very easily that the population for Meru is nearly 10 times that of Isiolo, but the money allocated 1.8 billion to 5.6 billion is only three times. This means that there is no county which, because of its numbers is actually getting so many times that number. It is because population is not the only factor. It is important to note that we are providing service. Therefore, population is a key factor. If you had more people in your county, in fact, you will be insisting that the money be allocated. That is the point I wanted to clarify. Mr. Deputy Speaker, the second point that Members have raised is on the equal share; that we should be given a higher percentage and not 25 per cent. The trouble with the equal share is that what you are going to create is a situation where counties with huge populations that have to provide services to all those people will end up getting the same amount of money as those other counties that have very few people to provide The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, this is a Motion affecting counties. Therefore, the voting will be by Delegations. The Division Bell shall be rung for two minutes.

Hon. Senators, the results are as follows:

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.

On a point of order, Mr. Deputy Speaker, Sir. Did you notice that the distinguished Senator for Baringo County just crossed the Floor with impunity? Is he in order?

Sen. Moi, could you do the correct thing?

Mr. Deputy Speaker, Sir, I beg to move:- THAT, this House adopts the Report of the Standing Committee on Finance, Commerce and Budget on the Medium Term Budget Policy Statement, 2015, laid on the Table of the House on Wednesday, 25th February, 2015. Mr. Deputy Speaker, sir, on behalf of the Members of the Committee on Finance, Commerce and Budget and as required under the Second Schedule of the revised Senate Standing Orders, I want to present the Committee’s report on 2015/2016 Medium Term Budget Policy Statement. Mr. Deputy Speaker, Sir, we had an opportunity to deliberate on it and make recommendations. It is these recommendations that are in Report that we would want Members to vote and adopt. It is significant to mention that the purpose of the approval of this Report on the Medium Term Budget Policy Statement is to communicate the Senate’s position on the preparation of all subsequent budget documents for the remainder of this year beginning with the Division of Revenue Bill, which will, probably, be out in the next couple of weeks. It is important to also note that this Budget Policy Statement informs the preparation of annual estimates. It is the policies and the strategies of the Government that inform the process of making the Budget. This is what the Budget Policy Statement is about. Mr. Deputy Speaker, Sir, we had an opportunity to engage the public and I want to urge Members to get a copy and look at it. There is also the timeline that we are required to submit, latest, today 26th February, 2015, so that the recommendations we have can be taken on board. In particular, the Budget Policy Statement looks at the following and includes the following issues:- (i) As assessment of the current state of the economy and the financial outlook over the medium-term for the next three years including the micro-economic outlook. (ii) The financial outlook with respect to the Government revenues, expenditure and borrowing for the next financial year and over the medium term. (iii) The proposed expenditure ceilings in the three arms of Government. (iv) The fiscal responsibility, principles and the financial objectives over the medium term including the limits on the annual debt. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

.: Mr. Temporary Speaker, Sir. I rise to support this Motion. I want to tell my fellow Senators that, in fact, this particular Motion is more important than the Revenue Sharing Formula that we have been quarrelling about because under Article 96(3), the question of the determination of revenue between national Government and the county government is contained in this BPS. This is where Senators should put all their efforts because in the division of revenue that we are going to debate, these details are contained here in this document. Therefore, I expect that Senators will come and look into these details because the questions that are affecting this country appear here. In supporting this Motion, we have recommended because the law states that this document should be tabled at the Senate or in Parliament on 15th of February, what they did is to deposit this document on 13th of February. What we did is spend a whole week and in all committees to go for an overnight retreat to put this document together, a result of which we were to study this document under an element of certificate of urgency. I suspect that even the Senators who have left this House have not had the time to interrogate this document, as important as it may be to their counties, not the Revenue Sharing Formula because page 51 of this policy has the figure that the National Treasury has allocated sharable revenue of Ksh 258 billion. The basis upon which they have calculated that money is in this document. The money that is said to have been allocated last year and not factored in the budget has also been put in this document. The Senators need to look at this because when we come to debate this policy, those factors that they have used will come into play. I will use an example that the Chairman has highlighted. They have put in a factor of 10 per cent on page 51, in the division of revenue as the growth factor, yet the analysis we have received from the good officers of the budget of Parliament is that the growth is actually at 15 per cent. Therefore, the figures should be altered to that extent. What about the question of registration of voters? Members do not know that while the National Treasury has allocated the Independent Electoral and Boundaries Commission (IEBC) Kshs3 billion, they have debts of Kshs5 billion arising out of questionable legal fees by advocates. People do not know that the three counties; Kitui, Makueni and Machakos have only managed to register 6,000 people over a period of 14 months. They have no funding to register people at the local level, yet in the Medium Term Budget Policy Statement you will find figures increasing from Kshs3 billion to Kshs10 billion progressively in the next financial year and Kshs15 billion to the next financial, purposely for registration of voters. These are things that the Senators should come to this House and look at. There is an item called witness protection agency, which has been receiving money. We should start questioning who these people are protecting. Where is this money going to and how has it been allocated? The Office of the Attorney General is receiving a huge amount of money, yet the Office of Public Prosecutions, which should be arresting the people who get money from “Chicken-gate” and Good Year, is receiving less allocation. These are things that the Senators should be asking about. Look into the eyes of these people and tell them: “This is wrong.” The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir. I rise to support this Motion. I would like to congratulate the Chairperson, Sen. Billow Kerrow and his Committee for a commendable job in analysing the BPS within a very short time and also inviting the chairpersons to input this Report. I was among the first chairpersons to appear before his Committee. I am impressed that all the other chairpersons raised the same kind of complaints about the time provided to interrogate this BPS, which is very short. In fact, it is an ambush; where you are given 24 hours to call your committee, go through the part that relates to, for example, health, comment on it, make a report and present it to the Committee on Finance, Commerce and Budget. Mr. Temporary Speaker, Sir, the Committee on Finance, Commerce and Budget has taken that into consideration and we hope that next year, by a specific date in September, not in February like now, when the deadline is just a few days away, then 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.

Thank you, Mr. Temporary Speaker, Sir. I want to support this Motion very strongly and, in doing so, I also want to commend the Committee that has done such a good job. I want to carry on from where Sen. (Dr.) Kuti left off, on the issue of health. As we speak, the standards of health in most counties have fallen. A lot of dispensaries and health centres have no medicine simply because counties – particularly my county of Kitui – have not allocated sufficient funds to cater for these facilities. To make matters worse, the national Government previously used to open up new dispensaries every time, but some counties have said that they are not going to open new dispensaries citing lack of funds. Mr. Temporary Speaker, Sir, we devolved services, particularly health services, to the people so that they can get better services as opposed to previously, where they were getting services from the national Government. Therefore, we would expect health services at county level to be much better than what it was. But on the contrary, the quality of these services is deteriorating and I think it is high time that counties allocated more money from the money that the national Government gives to health. Ideally, 15 per cent should actually be the amount of money that counties should give for health. But as The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir. I also rise to support this Motion and also support the sentiments from the Senators for Makueni and Kitui counties. Indeed, this is a very important document that we must critically look at, analyze and come out with recommendations that can also guide the Treasury as they move on with their work. When you look at the Budget Policy Statement (BPS), you will find that there are many issues that we need to raise. For example, if we are talking about devolution in this country, then one of the first things we need to fast track as the Senate, is to ask the Government to ensure that the Information, Communications and Technology (ICT) sector is working. You find that the ICT docket in Government is put in every ministry and, therefore, in terms of monitoring, you will never understand where the ICT money is. That is maybe one thing that is within the counties. When we talk about capacity building, we wonder how we support our counties to ensure that everything goes digital and there is automation. We now have the issue of Narok and this has come about because of resources and lack of a better way of collecting those resources. Narok has done its best to have a semi-manual way of collecting revenue, which is also better than the other counties that have really ignored that. The BPS also comes out clearly and gives us five pillars that they talk about. Within those five pillars, the Government anticipates or wishes to ensure that this is what they will give Kenyans. But when you look at those pillars, the challenges that you face, for example, in the roads sector, you find that there is a lot that the Government has talked about. But when you look at the sustainability of the same, it is going to be a very tall order especially when we talk of those roads. We have to ask ourselves whether the Government will have money, looking at our external and domestic debts. I think they should go back to the drawing board, relook at it and ensure that it is realistic for Kenya. If it is roads, if we say we want to see 2000 kilometres, it will be so. We should not start a project and then in the middle of it, we face challenges. When you look at the BPS itself, last year, when we were nearing December, we had a deficit of Kshs48 billion. This means that we must relook at many of these things. Mr. Temporary Speaker, Sir, we are proud of the Standard Gauge Railway (SGR) project, but what we are saying is that it will be very important for Treasury to tell us 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. Moses Otieno Kajwang, the Senator for Homa Bay County.

Thank you, Mr. Temporary Speaker, Sir. I beg to support the Motion that is before the House. This being my maiden speech, I had anticipated to speak on a different matter, but when I looked at the weight, content and juiciness of the Budget Policy Statement, I was compelled to make my first comments on this particular subject. 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 still have more time. Just continue, if you have more information.

Thank you, Mr. Temporary Speaker. I just want to speak to this particular issue of the digital migration - The issue of benefit to the common man. I also want to look at the youth in this respect. I concur that the youth who are involved in content creation should get more opportunities to make money. However, if we rush this, there is nothing that stops us from setting up local industries to assemble digital set-top boxes. A digital set-top box is not rocket science. It is not more complicated than a speed governor. We need to think of innovative ways through which we can create and provide employment opportunities for the young men and women of this nation. Mr. Temporary Speaker, Sir, my vision for Homa Bay for the youth and women is quite clear. We need to include them. The women in Homa Bay, out of 40 wards, only one ward has an elected woman representative. Homa Bay County has given birth to very beautiful and intelligent women. In fact, we only marry beautiful and intelligent women 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): I must confess and actually testify that in my many years as a Member of the august House, this is one of the best maiden speeches I have ever had. I thank you and think that you will be a good legislator.

Mr. Temporary Speaker, Sir, I would like to join you in congratulating Sen. Moses Kajwang for the eloquent presentation. I saw a man speaking with a lot of passion, calmly. He has also demonstrated his deep understanding of faith and relevant example about the parable of the talent. In that regard, he can be sure that he is in good company. I have been lonely for a long time but I am very happy to have a man who can properly quote the scriptures and contextualize the current debate. Mr. Temporary Speaker, Sir, I also want to congratulate the Committee on Finance, Commerce and Budget for doing a very good job on this document. From the outset, I would like to say that this is a thorough job considering that all the committee chairs had to be pushed within a very short time to contribute to this document. It means that despite the short time and the challenges the Committee was going through, they did their best to ensure that we have a very good document. I read through this document and I am very happy because, first of all, we need to appreciate that when we are discussing matters of national planning, it has to be clear to Kenyans that national planning is not national Government planning. National planning is planning for the nation which is a function that touches both on national and county issues. When we talk about revenue raised nationally, the revenue benefits both county and national Government. Mr. Temporary Speaker, Sir, we are key players; no wonder the Constitution provides very clearly that there is a time that the Senate will not only be voting on matters affecting counties but also on other matters like this one. In my interpretation, other issues of national importance and which will castigate an impact on the counties is The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Mositet

Mr. Temporary Speaker, Sir, thank you for allowing me to add my voice to this important Motion. First of all, I want to congratulate the Committee for working tirelessly to ensure that we have this Report that touches on the development of our counties. As we know, development is a matter that is concerned with people’s lives and the future of the generations to come. I want to say that as we work as a House or as Senate to ensure that the Government gets revenue allocation, they need to be reminded that this money is not for personal gain or for rewarding their close allies. I want to speak with a lot of passion regarding the way the people I represent, that is, people with disabilities are being treated when it comes to matters of budgeting, revenue allocation within the counties, involvement with people with disabilities and touching the lives of these people. I want to make it clear that as far as we talk about involvement, there is a group that is left behind and these are people with disabilities who are never consulted, involved or given information about what is happening within their counties. The service providers and the implementers of the Constitution are very happy moving ahead thinking that they are serving everybody when they are leaving the most vulnerable group behind. I want to say that even if remind ourselves of all that has been talked of here, nothing has touched on the people with disabilities. The 30 per cent requirement for tendering, only talks about two groups of people, when constitutionally, it is about three categories, that is, people with disabilities, women and the youth. Since disability is not something to be given a priority and most of the time, it is given at the end of the tail, I think that is why most of the time disability does not feature anywhere. Mr. Temporary Speaker, Sir, when we look at the issue of health, you find that most people with disabilities are not able to access health facilities because there is lack of accessibility within the existing facilities and also the distance. To add on that, the kind of services offered to the people with disabilities is demoralizing and it sends away this group of people. As I support this Motion, I want to mention two counties which have the best practices as far as disability is concerned; Kiambu and Migori counties. These are the only counties that have keenly worked to ensure that disability is mainstreamed.

Order, Sen. Godliver! Your time is up.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity. I would like to thank Sen. Moses Kajwang for his very eloquent contribution and making his Maiden Speech today. Nakuru is looking forward to working together with you. Mr. Temporary Speaker, Sir, my contribution will be on three of the five pillars that are in the Budget Policy Statement. I want to focus on agriculture. Our Government has proper plans to ensure that we become food-sufficient, but as it tries to achieve this target, I would want irrigation to be looked into further. When the Government itself becomes the main player in farming – we have seen the Agricultural Development Corporation (ADC) and other bodies - it might not perform well. Nakuru County, for example, is able to supply the country with very cheap electricity. By so doing, the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Your time is up. Senate Leader of Minority, you have ten minutes before we call the Mover to reply.

Thank you, Mr. Temporary Speaker, Sir, for giving me a chance to contribute to this very important Motion. I salute the distinguished new Senator, Moses Otieno Kajwang. I regret that I was in a meeting and missed his Maiden Speech. I would have loved to hear him. But I know how eloquent and bright he is. I campaigned for him and we criss-crossed Homa Bay County. He was quite dynamic. So, I thank the people of Homa Bay for electing a young distinguished Senator to fit in the shoes of our departed brother, Gerald Otieno Kajwang. Mr. Temporary Speaker, Sir, I will speak to a few things that are in this Report. I am a Member of this Committee and want to salute my Chairman who is seated in front of me. He is sometimes high-handed, but he has chaired the Committee very competently. The Committee has done a good job. Looking at the Budget and resources that we are pumping in this country, the big question that we keep asking ourselves is: Does this annual ritual and cycle make a difference in the lives of the people of Kenya? Mr. Temporary Speaker, Sir, does every single cent that goes into the Budget reach the destination where it is destined? How do we fight the bottlenecks, the leakages and seepages that hemorrhage the budget? Today, in this country, what is now commonly called “rent seeking” -some people call it mlungula, others call it corruption and now we have a new name “chicken gate” - has reached fever pitch. People are working in Government and public offices not for the public but for themselves. The obscenities we are seeing around governors is frightening. For those of us who believe in devolution, it is very disheartening to see that what we have devolved is to create a small clique in every county that is busy living in opulence and obscenity while the ordinary person is suffering. Take any county, the amount of money, inadequate as it is, that has been sent to each county, ought to have changed the lives of the people. However, it has changed the lives of governors and those who hang around them. The ordinary person in the counties is worse off than before devolution. You expect to see water, good roads, proper health services and many other things, but they are not there. We face this because the problem of corruption in this country has become endemic. What are the institutions that fight corruption doing? Mr. Temporary Speaker, Sir, we have the police with a fully fledged Criminal Investigation Department (CID) wing. We do not hear of them anymore. When we hear about the CID, they are pursuing a Member of Parliament for making a speech that annoyed a leader or a Member of Parliament who went to demonstrate to demand 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! Your time is up. Now I call upon the Mover to reply. Proceed, Sen. Billow.

Thank you very much, Mr. Temporary Speaker, Sir. I want to start by thanking all the Members who have contributed to this very useful Motion. Not in the least, I also want to express my great appreciation for the speech by the Hon. Member for Homa Bay. I listened to it and I think he did it very eloquently. I am sure that the people of Homa Bay who listened just as the Senator for Nakuru was impressed - I am sure the people of Homa Bay will be more impressed and would appreciate that they made the right choice. Mr. Temporary Speaker, Sir, I just want to make a couple of comments. One, I want to urge the Ministry of Finance and the national Treasury to ensure that the budget estimates that will be prepared for the national Government, reflect the development priorities predicated on the policies and strategies that are contained in this Statement. Quite often, you will find that the resource allocation by the Government is not aligned to national policies or even, our development blue prints, like the flagship projects in Vision 2030. We have made recommendations to that effect and we urge them to take note of that and take on board all those recommendations. Secondly, Mr. Temporary Speaker, Sir, the final pillar that the Government focused on is to entrench devolution for better service delivery. The import of that is that the Government will provide adequate resources to ensure that devolution is entrenched. Notwithstanding the fact that the proposed criteria for revenue allocation for the second generation was rejected by the House a short while ago, I think it is very important that these Members are alive to the fact that when the Division of Revenue Bill comes up in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, the Motion that has just been concluded is not a matter that affects counties and I so rule pursuant to Standing Order No. 72(1). Therefore each Senator has one vote pursuant to Standing Order No. 72(3)

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until Tuesday, 3rd March, 2015, at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.