Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday 18th March, 2015:- (1) A Report of the Standing Committee on Legal Affairs and Human Rights on the Parliamentary Service (Amendment) Bill, 2014, and, (2) A Report of the Standing Committee on Legal Affairs and Human Rights on the Petition to Counties (Procedure Bill, 2014). Thank you.

On a point of order, Mr. Speaker, Sir. Did you see the way Sen. Murkomen crossed the Floor of the House to the other side? Can he do it the right way?

How did he do it?

He crossed behind you.

Sen. Wangari, I encourage you to keep following what Sen. Murkomen does; he did the right thing.

Next order!

On a point of order Mr. Speaker, Sir. Sen. Haji has been encouraged; he has come round you and he has completely refused to bow when he reached you. Is he in 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. Haji, what do you have to say to what Sen. (Dr.) Khalwale has said?

Go and bow!

Good; well done!

I was convinced that if you had not, you will accept. So, that is okay; except that how you went to the wrong side. You need to do it from where you came from but I will spare you that for now. Proceed, Sen. Kivuti. REPORT OF THE LANDS COMMITTEE ON THE NATIONAL DROUGHT MANAGEMENT AUTHORITY BILL, 2014

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today Wednesday 18th March, 2015:- A Report of the Standing Committee on Lands and Natural Resources on the National Drought Management Authority Bill, 2014.

Next Order.

Order, Members. Let us take the requests for Statements. Proceed, Senator for Nyeri. FINANCING AND MAINTENANCE OF FOREIGN MISSIONS IN KENYA GOVERNMENT OWNED PREMISES ABROAD

Mr. Speaker, Sir, I rise to seek a Statement from the Chairman of the Committee on National Security and Foreign Relations. In the Statement, I request that the Chairman answers the following questions:- 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, the statement will be given tomorrow afternoon.

Did I hear you, Mr. Chairman?

Mr. Speaker, the Statement will be given tomorrow afternoon.

Mr. Speaker, Sir, I would like him to include honorary consulars abroad. Are there any incentives given to the consulars to enable them perform duties on behalf of the Ministry?

Mr. Speaker, Sir, that is a new question altogether.

No, no.

No, let me explain. I have said I will issue the Statement tomorrow because I have been having the response for some time now. It was not possible to issue it since we were searching for more information.

Order, Sen. Haji. The supplementary question that was added to the statement, in my view, is still part and parcel of the statement. So, just try your best. If you do not have information by tomorrow, you will ask for more time. However, it should not be difficult for you to find that information if you already have a response for most of the issues being canvassed by Sen. Mutahi Kagwe.

Mr. Speaker, Sir, with your permission, I would like to emphasise that the issue raised by Sen. Kagwe interrogates the value for money that the national Treasury spends in our foreign missions. Could he, in view of that, also come with a response as to how much money is raised in those respective missions as Appropriations-In-Aid?

Mr. Speaker, Sir, I will try but if it is not possible for me to have all the information, I will bring it another day.

Where is the Chairman of the Committee on Education? We will follow the appendix. PREVAILING CHAOS AT THE UNIVERSITY OF ELDORET

Mr. Speaker, Sir, the Statement which was to be issued following a request by Dr. Khalwale was dealt with today by the Cabinet Secretary and his team who happened to be here for a very long time. I presume that the matter was settled unless Dr. Khalwale has something more to add. That matter sorted itself out. Arising from the Statement sought by Dr. Khalwale regarding University of Eldoret and resulting from various Reports that have been laid on the Table since last week and the coming of the Cabinet Secretary here in the Senate, a lot has been discussed The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I appreciate the Report from the Cabinet Secretary in charge of Education, Science and Technology. My name has been adversely mentioned in the Report. However, I still believe that I have information. The Committee did not interview me. My Governor has not also been interviewed. We still believe that we have information if a solution to this matter is to be found. There are very many issues to be discussed. As we are talking now, we have over 100 police officers in the University of Eldoret.

Senator, the Chairman has said that those issues were discussed in the morning.

Yes, Mr. Speaker, Sir, they were discussed but I still believe that there is information that was left out.

On a point of order, Mr. Speaker, Sir. I was in the meeting and so were most of us who are here today. I appreciate what the Chairperson has said. However, is it in order for the Chairman to say that the kamukunji can sort out issues that have been raised in this House? I thought the procedure was that once such a Committee collects information, the information should be formally brought to the House. The Report is not a document for the House until the answer is tabled. You, and even one of the Temporary Speakers, ruled last week that the answer would be delivered today in this House. The nation and this House are waiting for an answer and not the kamukunji results.

On a point of order, Mr. Speaker, Sir. Is Sen. Murkomen in order to refer to a meeting of the Committee on Education Committee as a kamukunji ?

Sorry.

Sen. Murkomen, you cannot put a request and just say sorry. What is it?

Mr. Speaker, Sir, I stand corrected. When the Chairperson invited me today, he said that we had a kamukunji . However, when I arrived there, I found out that it was a formal committee meeting. Therefore, I apologise for using the word “ kamukunji ” because it was a formal meeting of the Committee on Education. In attendance were the rest of us who are not members of the Committee. Therefore, I stand corrected.

Your attendance does not also dilute the meeting but makes it better. Your attendance makes the meeting closer to a whole House.

Mr. Speaker, Sir, the only thing I want to emphasise is that once a committee makes an inquiry, the results have to be tabled in the House so that they are formally discussed.

You were to deal with either this as a kamukunji or a committee. You had already canvassed the rest of the issues.

Mr. Speaker, Sir, indeed, there was a Committee meeting this morning that was well attended by among others, myself who is not a Member of that Committee, the distinguished Senator for Samburu and 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.

Order, Sen. Wetangula! It is the expectation of the Chair that all Senators are fully armed to deliberate on any matter before the House. There is something that the Senate Minority Leader has said which I think we can pursue in terms of this matter. Since you deliberated it quite extensively at the Committee Stage, we may as well just wait for the Committee to do its report and then we debate it. For any Senator who feels aggrieved, you can still make presentations to the Committee and give the kind of information that you would wish so that the report is complete when it comes to the House. Chairman, when do we expect the report?

Mr. Speaker, Sir, expect the report on Wednesday, next week.

Thank you, Mr. Speaker, Sir. I am in agreement with the Chairman of the Committee on Education that in a week’s time, the report will be ready. Before that, the recommendation of the team from the Commission for Higher Education that went to Eldoret to investigate this matter recommended two avenues; the first is to take the lead to seek a political solution that involves all the stakeholders – leaders and university staff – to bring them together and agree on the way forward. Second is to engage the National Cohesion and Integration Commission. Part (c) says that the University will be reopened only after the two processes above have been initiated. Until this day, none of the above issues has been done and the University is opened. That is the position.

Wait for the report. Next issue on the Order Paper is (b).

Order, Sen. (Dr.) Khalwale! Let us just leave it there. You can still see the Chairman. I know that is what we have directed. Chairman of the Committee on Labour and Social Welfare, what is your response on Item (d), The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. The response to this Statement is not ready. The reason is that the list of the beneficiaries is a bit bulky and the Ministry has been working on it. My information so far is that we will be in a position to come up with the list next Tuesday.

Mr. Speaker, Sir, I would like to draw your attention and that of the House to the fact that this is the third time that this matter is coming before this House. On 19th February, 2015, the Chairman actually read us an answer to this matter and was asked to bring a further answer the following week, which was last week. He came and asked the House to give him until today. It is apparent that the Ministry is engaging in a cover up. It is covering up something and is reluctant to release the information which is in the national interest. The issues I canvassed were very specific; to get the names of persons currently receiving cash transfers within the Republic of Kenya, to give the breakdown of the 47 counties and to provide a list showing the names of recipients of cash transfers from each of the eight constituencies in Kitui County. This is no rocket science and if the Ministry is sincere, I see no reason why this information, which is available, cannot be released. They are releasing money every month to recipients and the Chairman should come clean and tell us if we are ever going to receive this information. It is an answer that is awaited by all Senators.

Thank you, Mr. Speaker, Sir. I totally sympathise with Sen. Musila on this matter. The Cabinet Secretary (CS) involved should be subjected to the same practice that was subjected to the CS for Education. This matter is of interest to every Senator. Would I be in order to request that the CS for Labour, Social Security and Services comes to this House and explains the matter to each and every Senator who wishes to do so as requested by Sen. Musila?

On a point of order, Mr. Speaker, Sir. I want to make it slightly better than what my good friend from Nyeri has said. It is not for every Senator who wishes. In fact, each and every Senator here who represents a county has tremendous interest in knowing how many elderly people are within this safety net, how much, how regularly and where they are paid; who pays them and how they are protected against any intruders that can take away that little money that they get. We want the CS to come here and face a Committee of the Whole and not just the Committee on Labour and Social Welfare, so that he can give us a county by county breakdown on how the elderly safety net funds are being disbursed.

Thank you, Mr. Speaker, Sir. The distinguished Senator for Kitui says there is a cover up but I do not think there is any cover up at all. It is only that there has been a delay in getting this response from the Ministry. I have no objection at all to the CS concerned appearing before a Committee of the Whole. That can be facilitated.

Thank you, Mr. Speaker, Sir. On the same, I would wish that when he comes, he also comes with the ages of each one of them because there are those who are younger and are receiving money, while those who are “almost being called” are not receiving any money. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senators. I think the issue of inviting the CS has to do with the frustration of the Chairman. In this case, he seems not so frustrated, although the Members are frustrated. I will give the Chairman the opportunity and if he still thinks that by Tuesday he will give the House a complete report, so be it. If we are dissatisfied, then we can go for the other recourse of getting the CS to come for a Committee of the Whole. When I saw the Chairman of the Committee on Information and Technology on his feet, I thought he was going to raise a fundamental issue which I thought the Chairman and Sen. Musila should also raise. This is supposed to be a digital Government or an E-Government. How do you come to the House to claim that you do not have a record? Then you are paying ghosts. Chairman, as you deal with the CS, you may wish to remind him that the expectation of the House and the country and the pledges of the Government would not be consistent with delayed responses on the basis of databases. IMPLEMENTATION OF THE MALKA DAKA IRRIGATION PROJECT IN GARBATULLA

Mr. Speaker, Sir, I seek your indulgence because the answer to this Statement is not ready. It will be ready on Wednesday next week.

Mr. Speaker, Sir, I had discussed with Sen. Ndiema and I am in agreement with him.

Hon. Senators, I thought I had recommended before that once you have some agreement, you approach the Chair so that we dispense with the issue, instead of getting the two of you confirming on the Floor because we have a lot of business before us. Wednesday next week! Next Statement! INSECURITY IN VILLAGES ALONG THE WEST POKOT-TURKANA COUNTY BORDERS Chairperson, I do not see Sen. (Prof.) Lonyangapuo and so you can leave it pending. You can agree with him when he is available next. The same applies to the next Statement. LONG TERM MEASURES TO STAMP OUT CATTLE RUSTLING IN WEST POKOT COUNTY

On a point of order, Mr. Speaker, Sir. I want to make an appeal; I had an appointment with a doctor and I postponed it because I wanted to issue these Statements. If I do not issue them in the next one month, I should not bear responsibility.

Order, Sen. Haji! Are you implying that your problem will keep you engaged for one month with the doctor hereafter? Why do you not give your colleague the benefit of doubt that he could be having a similar problem with a doctor and maybe his situation might be worse than yours? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I had agreed with Sen. (Prof.) Lesan that I will give the answer to him as soon as I get it. This Statement was only dealt with by the CS this morning.

Any indication as to when it will be answered?

Wednesday next week. COLLAPSE OF MUMIAS SUGAR COMPANY IN KAKAMEGA COUNTY

On a point of order, Mr. Speaker, Sir. For the record, on 25th last month, I requested for a Statement from the Committee on Legal Affairs and Human Rights in respect to the state of affairs at Mumias Sugar Company. They indicated that they would respond in two weeks. It is now over three weeks and I would like the record to be clear when the Statement is coming.

The Chairperson of the Committee is officially at the Busia Investment Conference. Where is the Vice-Chairperson? Sen. Adan, are you a Member of that Committee?

Yes, Mr. Speaker, Sir.

Proceed, Vice-Chairperson!

Mr. Speaker, Sir, Sen. (Dr.) Khalwale showed me that particular request for a Statement for the first time yesterday. It appears that something somewhere did not work out that the Committee has not been able to obtain that Statement. I undertake that we will respond to that particular issue in the next one-and-a-half weeks.

Mr. Speaker, Sir, I would not mind giving him that time, but as we allow him, let it be on record that had this Statement been responded to in time, it would have pre-empted the tension that has build in Mumias. For your information, there was a serious public demonstration that led to several casualties including the Member of Parliament for Mumias East who sustained injuries. I will be happy if in one- and-a-half week’s time, you give us the answer.

Sen. Sang, my record here indicates that the Statement on the collapse of Mumias Company and injection of bail out capital was sought by Sen. (Dr.) Khalwale on 25th February and it was promised to be due on 11th March. Now if you saw it yesterday, obviously you do not belong to the Committee.

Mr. Speaker, Sir, as the practice has been, Statements are sought from Chairs of Committees and you know my Chairperson is the Senator for Busia and Attorney-General emeritus . He has had serious engagements internationally and it is possible that when the Statement was sought, he may have responded to it but he did not come to the Committee. I took over the Statement yesterday and we should be able to respond, possibly, on Wednesday next week. 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.

Let me make it absolutely clear that the Statements are sought from Chairs on behalf of the Committee. It is not private personal property for the Chair to be hoarding and carrying it wherever he goes. A Chairperson may travel but the Committee can continue interrogating the matter. That is why we have a Vice- Chairperson with certain responsibilities and with privileges. IMMINENT BORDER CONFLICT BETWEEN ISIOLO AND MERU COUNTIES

Thank you, Mr. Speaker, Sir, I stand to inquire about a Statement that I sought from the Chairperson of the Committee on National Security and Foreign Relations about the border dispute between Meru and Isiolo counties which was an urgent matter. It was actually on the Order Paper yesterday but I do not see it today. It was indicated as urgent because the matter is still simmering and the relationship between the two counties and the communities is getting worse. I would like to know when this Statement will be given.

Mr. Speaker, Sir, I agree with the sentiments of Sen. (Dr.) Kuti. I am very sorry to say that yesterday, I called the Principal Secretary and she did not respond to my call. I sent her a message and told her that courtesy demands for her to answer a call. Up to this moment, she has not responded. This is not the first time. I understand that there is a lady at the Office of the President who has no respect whatsoever for Members of both Houses. When there was a retreat for the Jubilee Coalition in Naivasha, that issue was raised. I do not know what protection she has. I even called my friend and brother, Gen. Nkaissery, who was my deputy and he told me that he was in Kajiado. I asked him to ask her to sign that letter because it has been with her for the last four days. It is unfortunate that I will not be here the day after tomorrow otherwise, I would have summoned her. I will summon her here when I come back. She will not get away with it. So, my brother, bear with me because I have made all efforts. Even this afternoon, I called Hon. Nkaissery twice. He called me later but I was in prayer and so, we missed each other. I have not given up. I will deal with that woman.

Mr. Speaker, Sir, I hope that you have appreciated the stress which our fellow Senator and Chairman of the Committee on National Security and Foreign Relations has expressed to this House on his encounter with this fictitious lady. Would I be in order to demand that we are told the name of the stubborn lady?

Order, Senator! That is really immaterial. It is not going to help our case. We want the Statement to be signed. Let the Chairperson deal with it. I am sure when he comes back to us, you will know what he will do. What is it, Sen. (Dr.) Khalwale?

On a point of order, Mr. Speaker, Sir, Article 35 of the Constitution provides that every citizen has the right to access the information held by the state. We are not just “every person.” We are approaching the Jubilee Administration 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. Speaker, Sir. It was very effective today when we had the Cabinet Secretary for Education, Science and Technology. Apart from the Statements that had been sought, more were also put across on the Floor of the House. I think the issue of responses is becoming a real problem in this House. It is putting our chairpersons in situations where they have to do other many things but they cannot do them effectively. As Sen. Haji said, if you have to follow up on somebody twice or thrice, it takes a lot of time. I have seen in other parliaments like Tanzania, they have a schedule of how they call different Cabinet Secretaries to the House and the Members put together questions and direct them at that time. We can still have Statements, but have very concerted efforts at having Cabinet Secretaries in a rotational format come to the House in the Committee of the Whole, as it happened this morning. Then we can actually spend a lot of time and good engagement. What we saw this morning is that when you interrogate, apart from the formal Statement that is given initially to this House by the Cabinet Secretary of Education, Science and Technology, we were able to probe and get into more meaningful discourse. I think that is something that we are missing, for as long as we will rely on Statements that are being given by people who are not even keen on giving them to us, if I go by the example that has been given by Sen. Haji. So, we might just be doing an exercise in futility. We read Statements that we do not really understand where they come from. We do not really get the meat and the issues that are coming out. There is value in having more Cabinet Secretaries coming to meet us. We can think about it and have a rotational way of having them come. It would add value to this House. Thank you, Mr. Speaker, Sir.

Order, Senators. This debate has been around for a while. I plead that we should allow the Chairman to deal with the matter for now. When it is ripe, the CS will come to the House and we will guide him accordingly. As per the suggestion by Sen. (Dr.) Zani, I think that the Joint Liaison Committee could consider it in terms of what kind of issues to deal with. Maybe we should have a schedule of the mega issues that can be taken on board. In addition to what Sen. (Dr.) Khalwale cited, and the emphasis that we are not just any person, as a House, our primary source of information is usually the Cabinet Secretary responsible. That is why we summon them as we did in the morning. If you also look at the values and principles of Public Service in Article 232 of the Constitution, they include transparency and provision to the public of timely and accurate information.

Order, Members! I am addressing Sen. (Dr.) Khalwale and the Standing Orders are very clear that you should not come in between the Chair and a Member. The Ombudsman usually reminds me of Article 47(1) of the Constitution on fair administrative action. It says:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I stand to seek for direction. Last year, I sought a Statement from the Chair of the Committee on National Security and Foreign Relations with regard to the Kenya Defence Forces (KDF) recruitment in Nyandarua. That answer did not come. I kept on waiting but instead of the answer coming to the House, it was taken to the pigeon hole. It was signed by the Cabinet Secretary and a few days later, I received another response regarding the status of the Internally Displaced Persons (IDPs) in Nyandarua County. In both cases, the answers have been given but there are issues that should be responded to. Essentially, the Cabinet Secretary for Security is agreeing with me but I have no room to question further. How do we get it to the House so that I can interrogate it?

Senator, that room was exhausted last year. You are even fortunate that they at least sent the responses directly to you. The position we have taken in this House is that those Statements lapse with the session. If you are still interested, you make a fresh application.

So, the direction is that I ask afresh?

Yes. STATUS OF THE COUNTY GOVERNMENT STAFF PENSION SCHEME

Mr. Speaker, Sir, I sought a Statement from the Chairperson of the Committee on Labour and Social Welfare on the issue relating to the county staff and their pensions. That Statement was supposed to be issued on 19th February, 2015 but that has not been done until now.

Sen. Wangari.

Mr. Speaker, Sir, I want to apologize on behalf of my Committee for not tabling that response on time but we have also been having various engagements with various stakeholders on the same issue. The Ministry was not able to give us a satisfactory answer but we are still going on with the negotiations. In fact, we had a meeting up to yesterday with stakeholders. Therefore, we seek the indulgence of the House so that we can bring the response next week on Thursday.

That is so ordered. That is the end of Statement Time. I have a Communication to make. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, I am pleased to acknowledge and to welcome to the Senate this afternoon a delegation from the County Assembly of Kisii seated at the Speaker’s Gallery. I request that the members of the delegation stand when their names are called out so that they may be acknowledged in our usual manner by the Senate. 1. Hon. Haron Mutume Masase 2. Hon. Joyce J. Isaac 3. Hon. Shem Ondara 4. Hon. George M. Bibao 5. Hon. Jane Kananga 6. Hon. Peter Omar 7. Hon. Sabina Kennedy 8. Hon. Felista Metobo 9. Hon. Godfrey Ogembo 10. Hon. Timothy Nyarango 11. Hon. Kennedy Mainye The hon. Members from the County Assembly of Kisii are accompanied by the following staff:- 1. Mr. Geoffrey O. Oseko 2. Mr. Dennis Ogendo Hon. Senators, I take this opportunity on behalf of the Senate and on my own behalf, to wish the delegation a happy and fruitful visit in the Senate. As you know, the Senate is dedicated to the protection and promotion of county interests.

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

What is it, Sen. Murkomen?

Mr. Speaker, Sir, thank you for that recognition. I just wanted to bring to your attention that the Committee on Devolution had a very fruitful engagement with the delegation from the County Assembly of Kisii. They came to engage us on matters of capacity building and formation of a committee so that they can deal with matters of further decentralization, urban areas, cities and towns. This will also include issues of county management, below county headquarters. I want to congratulate the committee from Kisii County. It is the only committee that is associated with my Committee and we will be ready. We have assured them that we will continue engaging them, including visiting Kisii County to see how we can continue building their capacity.

Mr. Speaker, Sir, following your recognition of the delegation from Kisii, you can see that there are other students. I do not know where they are from but we need to recognise them.

Indeed, we seem to be forgetting people in the public gallery which is not correct. We will recognise them accordingly. 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, we are now in the Committee of the Whole. Before we proceed, may I recognise the students at the public gallery from Tharaka-Nithi together with their teachers? You are welcomed and highly recognized in the Senate. I hope your stay will be of use to your education. I can see your Senator, Prof. Kindiki, is here and is delighted to see you. I will now embark on the business of the House. I will start by calling out the clauses that have no amendments.

On a point of order, Mr. Temporary Chairman. I am amazed at the manner in which we are flying. We have amendments on the Order Paper unless they have been abandoned.

(Sen. (Dr.) Machage): Order, Sen. Wetangula. I am yet to call the clauses for amendment. What has been read are clauses with no amendments. I want us to dispose them off first.

No, Mr. Temporary Chairman. As a matter of procedure, we cannot do that. The Committee of the Whole deals with the Bill clause by clause in a systematic and arithmetic manner. We cannot skip Clause 8 which has an amendment and go to Clause 29. We must deal with clauses in a systematic manner. That is the procedure.

(Sen. (Dr.) Machage): Order, Sen. Wetangula. This House is guided by traditions and our Standing Orders. You have been in Parliament for, I think, the last five terms and you know that we have had this before. I hope your memory has not failed you today because we have had this kind of procedure before. If you want me to consider your proposal, I might think about it. However, the Standing Order No. 1 gives me permission to do what I am just about to do.

Mr. Temporary Chairperson, the Standing Order No.1 only applies when there is a lacuna. That does not make it legal because we have acted unprocedurally. 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): Which Standing Order are you on?

Mr. Temporary Chairman, I can get it. That is not a problem. I will read it to you just now.

(Sen. (Dr.) Machage): Until you get that Standing Order, I will assume that you have none.

Let us proceed. I will put the question at the end of the exercise. Let us go back to the concern of the Senate Minority Leader (Sen. Wetangula). Continue, Sen. Wetangula.

Yes, Sen. (Dr.) Khalwale.

Mr. Temporary Chairman, I am sorry. I do not want to appear as if I am challenging you. However, the challenge by the Senate Minority Leader, (Sen. Wetangula), should be disposed off. I, also, am an experienced Member. I know that the Standing Order No. 1 which you referred to also goes ahead in 1(2) to state that such a decision, like the one you have made, should be done in accordance with the traditions and practices of the Parliament. You know for a fact that the traditions---

(Sen. (Dr.) Machage): Order, Sen. (Dr.) Khalwale. I have actually done it according to the traditions and practices of this House. History will judge me. However, I have also challenged Sen. Wetangula to show me the Standing Order he stands on but he has not yet shown me.

Mr. Temporary Chairman, it is Standing Order No. 1(2). I have been a Member of the Speaker’s Panel long before you came to Parliament.

(Sen. (Dr.) Machage): It was only for one term.

Mr. Temporary Chairman, Sir, I chaired committees in the same way you are chairing and I salute you for doing so because you are a very distinguished Senator. In all committee proceedings; when you are in the Committee of the Whole House, apart from Clause 1, and title, you move systematically from the number one to the last clause and then go back to the title. However, you jumped Clause 8 and another clause and went to Clause 29. The distinguished Senator for Isiolo County actually agrees with me that, that is the procedure. My authority is the Standing Order No. 1(2).

(Sen. (Dr.) Machage): Could you read it?

Mr. Temporary Chairperson, Standing Order No. 1(2) states 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.

(Sen. (Dr.) Machage): Order. The Chairperson never makes a mistake. Please have a seat. Sen. Wetangula, I accept your prophecy that you have been longer in the House than me by one term. However, could you look at the Standing Order No. 136? I am not going to read it. You read it at your own free time. That is a little bit different from what you are trying to tell me. That is what we have done always. We are supported by the Standing Order No. 136 and we read the clauses as printed.

Mr. Temporary Chairperson, thank you for arguing my case. Standing Order No. 136 talks about sequence to be observed on a Bill in Committee of the Whole. It states the following: “In considering a Bill in Committee of the whole, the various parts thereof shall be considered in the following sequence:- (a) clauses as printed, excluding the clauses providing for the citation of the Bill, the commencement, if any, and the interpretation; (b) new clauses; (c) schedules; (d) new schedules; (e) interpretation; (f) preamble, if any; (g) title; and, (h) the clause providing for the citation of the Bill.”

(Sen. (Dr.) Machage): Order, could you freeze! At one time, Justice Ringera said something that I may not quote in full. He said that everything had a beginning at one time. Even the tradition started at one time. If you doubt that, I will start now.

Order, could we continue? I have so ordered.

You know you are my boss, therefore, I cannot keep on arguing with you.

Mr. Temporary Chairman, I am not trying to validate anything. However, we are paying fidelity to the law and the Standing Orders. We agree that you are starting a tradition that is veering away from the beaten track. The correct thing to do is what the Standing Orders say. As a House, 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): Sen. Wetangula, the Chairman, as I told you and I repeat, never makes mistakes. What I have done is to appreciate that we have a lot of work to be covered today. I am just being sensible, wise, straightforward and efficient. If you want me to break that thought, then say it. We can drag ourselves and do nothing. I appreciate the sense of reading and understanding that Sen. Wetangula and Sen. (Dr.) Khalwale have portrayed in this House. After appreciating, please, let us try and cover some work in the House. Your “small” points of order are always very “big.”

On a point of order, Mr. Temporary Chairperson, Sir. Indeed, it is in the interest of the House that we move expeditiously. But can you guide me on how we are going to capture on HANSARD a precedent that attempts to set aside a Standing Order? In this case, we are now setting aside Standing Order No.136. How shall we do it, so that it is procedural?

On a point of order, Mr. Temporary Chairperson, Sir. There is also the issue of English here. My reading of what you have done is absolutely correct. We are reading the clauses as printed. All that you have done is to say that we will read everything as printed, except for those which have got amendments, so that we can move those amendments. There is nowhere in the Standing Orders that says that you cannot read as listed; even the ones with amendments. We are just being bullied here by Sen. Wetangula. Let us proceed.

(Sen. (Dr.) Machage): Order! This is now academic. I appreciate your concern, but I have told you the reasons I am doing this. They make a lot of sense. Let us leave it at that, please, Chairman, Committee on National Security and Foreign Relations, can you move your amendments to Clause 5 because it has already been called out? Look at the amendments to Clause 5 as indicated on page 068 of the Order Paper. Were those amendments suggested by you? Please, approach the Table.

Mr. Temporary Chairperson, Sir, I wish to withdraw the amendments.

(Sen. (Dr.) Machage): All of them?

Yes, Mr. Temporary Chairperson, Sir.

(Sen. (Dr.) Machage): They are so withdrawn.

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 Chairperson, Sir, I beg to move:- THAT

(Sen. (Dr.) Machage): Since I see no intervention, I will put the question later. Next clause.

On a point of order, Mr. Temporary Chairperson, Sir. Allow me to speak on behalf of the Chairman of the Committee on National Security and Foreign Relations to which I belong. The Chairman inadvertently indicated to the Chair that he was withdrawing all the amendments that came from the Committee. Upon consultations with the Senate Majority Leader, we believe that these amendments are merited. Some are aligning the Bill with devolution. Clauses in the Bill that are referring to districts which are no longer in existence are to be amended to talk about counties. I would request that after dealing with the amendment by the distinguished Senator for Kisumu, we report progress and allow the Chairman to acquaint himself clearly with the amendments - because this Bill is more than a year old on the Floor the House - so that we can deal with them maybe tomorrow. This is because wholesomely withdrawing them is injurious to, in fact, the spirit and letter of the Bill.

(Sen. (Dr.)Machage): I have listened. I am rather disturbed by the lack of communication between the secretariat and the membership of the Committee. This is a grievous error that should not be a tradition of this House. I accept with a lot of difficulties but due to respect and being the first of its kind that I have heard, and having heard that request which appears to be so sincere from the Senate Minority Leader, with concurrence of the Chair of the Committee, I accept the prayer. I will now have to put it procedurally and I am afraid that will affect the amendment sought by the Professor because we do not have the numbers. I will ask the Mover to prosecute this request carefully under Standing Order No. 139

On a point of order, Mr. Temporary Chairman, Sir. Would it be in order for me to request you not to stand down my amendment because I have already proposed it and the House by silence approved it? I think silence means consent, rather than do double work when these other amendments come, I think each amendment is a stand alone amendment and once approved by the House, there should be no other problem except voting on it. We have had occasions when we had no numbers and in that case, we deal with a Bill and postpone the vote. All we can say is on this one, we shall postpone the vote but on the other one, it will come before the House again.

(Sen. (Dr.) Machage: I have actually considered that, Sen.(Prof.) Anyang'- Nyong'o. I thought it was going to be of use to your amendment when I looked at the numbers. If you so wish that we take the risk because this is an amendment to a Bill, we need to have the prerequisite numbers in the House. If you so wish that we take the risk, we will then order for the Division Bell to be rang.

On a point of order, Mr. Temporary Chairman, Sir. What the distinguished professor is saying is that even as we seek leave to report progress at the next sitting, he should not be called upon to prosecute this amendment, we simply vote on it because he has already prosecuted it, which I think is a fair request. You just postpone the vote on Clause 8 which the distinguished Professor has already moved and the House has concurred by conduct except for the vote.

(Sen. (Prof) Kindiki): On a point of order, Mr. Temporary Chairman, Sir. I support what the Senate Minority Leader has said and also the request by the Senator for Kisumu is legitimate but I am wondering whether it is in order to just accept that request either expressly or by conduct without the maker of that request, that is, Sen. (Prof.) Anyang'- Nyong'o, standing to request under Standing Order No.53, so that we postpone the voting the way we do it normally under Standing Order No.53, rather than just take consensus customarily without following procedure. 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. (Prof.) Anyang'- Nyong'o moved and that is enough. I do not need Standing Order No.53 to demand for a report, it is within the limits of the law to leave the prayer as such unless somebody has a different opinion, that is my ruling. Therefore, I demand that the Mover make the necessary prayer to the House.

(Sen. (Prof) Kindiki): Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole do report progress on its consideration of the Alcoholic Drinks Control (Amendment )Bill, (Senate Bill No. 5 of 2014) and seek leave to sit again tomorrow.

Order, Members. I can see the leader is really in his moods. Proceed, Chairman.

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered the Alcoholic Drinks Control (Amendment)Bill, (Senate Bill No. 5 of 2014) and seeks leave to sit again tomorrow. Thank you, Mr. Temporary Speaker, Sir.

I ask the Mover to move.

(Sen. (Prof) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said Report. I request the Senate Minority Leader, Sen. Wetangula, to second.

(Sen. Wetangula) 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.

I understand we are now supposed to be on the Division; do we have the numbers? Okay; ring the Division Bell for five minutes!

Order, Senators! Order, Sen. Orengo! Order! Order! Senators, log in, please? Could we have the doors closed and the bar drawn?

I will now put the question---

What is your point of order, Sen. Orengo?

Mr. Temporary Speaker, Sir, if we vote, the vote will be highly irregular and it will be a nullity in law. When you are putting the Question, you should be standing up; you are out of order!

Order, Sen. Orengo!

I will now put the Question so that you can vote. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senators! The results of the Division are as follows:-

Next order.

Proceed, Sen. (Prof.) Anyang’- Nyong’o, you had eight minutes.

Mr. Temporary Speaker, Sir, I was on the Floor contributing to this very important Bill when the Senate rose to adjourn on the 12th March, 2015. The point I was making was, first of all, to thank my Chairperson, Sen. (Dr.) Zani, for chairing this ad hoc Committee, to which I belonged, very ably. The second point I was making then, just to refresh our memories, is the issue of legislation of royalties accruing from natural resources. It is an issue whose time has come because of the recent bonanza in the discovery of various minerals in this nation. While that is going on, we should not forget that this nation is endowed with other natural resources which have been major contributors to the Gross Domestic Product (GDP) and which should be factored in as we talk about royalties. Except for the Mara and Narok areas, other game reserves have been run from the centre and the interests of the communities which live in those areas have not been taken into account. Along with that is the issue of conservancies. There are many conservancies in this nation, all across the Rift Valley but also in northern Kenya. While indeed, those who have initiated and owned these conservancies have done a job to be appreciated, one should not forget that there were and there are still communities living in or out of these conservancies whose interest in terms of the benefits accruing from these conservancies should be taken into account. These interests should not just be addressed in terms of Corporate Social Responsibility (CSR). That kind of serving of interest is quite often dependent upon the conservancy itself or may not be done regularly, but it is important that the benefits be rooted in law. Our Constitution points out that public and community interest is extremely important in drawing benefit from natural resources. Our most important natural resource is our environment as a whole and part of it is to do with our flora and fauna and, indeed, the natural features in this environment; the hills, valleys and so on, and so forth. Quite often, tourists come to this nation to enjoy natural resources wherever they are; even in areas which are not demarcated as official tourist areas. However, as we move on to establish devolution, many counties are becoming aware that there are potential tourist sites. I know that there is no county in Kenya in whose policy document you will not find an element of tourism. If, indeed, the element of tourism is not there, there are policies waiting to be implemented or waiting to be recognized as important. Mr. Temporary Speaker, Sir, let me refer you to Article 69 of our Constitution. This article falls under Part 2 on Environment and Natural Resources. Article 69 comes under the subheading; Obligations in respect of the environment and reads in part:- “69. (1) The State shall- 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 Bill because it is one of the reasons that this country has fought for very long to have devolution. The communities of this country have not benefited, whatsoever, from the resources they have had. Possibly, this Bill is a cure to the infamous Sessional Paper No.10 of 1965, where some parts of this country were developed at the expense of the others. I visited the Republic of Tanzania recently for local tourism. What surprised me is that the animal parks in Tanzania are not fenced. I bothered to inquire why the parks do not have fences and I was told that the reason they do not have fences is because communities around the parks are the ones who take care of the parks. The other reason is that the Maasais have been allowed to graze their animals on the reserves outside the parks. The reason is that 60 per cent of the revenue from the parks goes to the communities. Therefore, they have a reason to protect the wildlife and the income from the parks. 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. Mbuvi wears the same thing.

No, Mr. Temporary Speaker, Sir, Sen. Mbuvi wears something else. With the benefit of this law, the people of Taita Taveta County will benefit because the income derived from this natural stone would make it one of the richest counties in this Republic. These people have been confined to the periphery and living on top of hills because of marginalization by landlords who own acres and acres of land. This is a very important Bill because counties will benefit. I have told Sen. (Dr.) Zani that the part where there is a provision for a sharing agreement where natural resources are concerned should be re-looked at. For example, if coal in Kitui County crosses into Makueni County, the agreement as to how they will share the benefits should be looked at so that if there is a dispute between the two counties, there must be a good dispute resolution mechanism. The issue that you saw people quarreling about of whether or not a certain national project is in one county or the other will be removed. The question of boundaries will no longer be an issue because we will then have a mechanism for both counties to benefit from this Bill. Mr. Temporary Speaker, Sir, I am concerned and I want Sen. (Dr.) Zani to consider the question of the Natural Resource Benefit Sharing Authority (NRBSA). We have proposed in this Bill that the persons who will sit in this NRBSA, part of them, will be persons who have 10 years’ experience in any of the fields. People who are 35 years old and are considered youth will most likely not have 10 years’ experience that is contemplated under the law. I would propose that we make an amendment because Section 9(b) will exclude the youth. Sen. Kanainza would not qualify under 9(b) because she will not have reached the thresholds that are contemplated here. I propose that we make that amendment so that we give an opportunity to the youth of this country to sit on this Board. Similarly, on Section 7, I am not sure whether we will have a system of vetting the three persons that appear as representing communities. I propose that we consider that the person who will sit as Chairperson be vetted in some form, even if the matter has to come to the Senate in the same way the other Chairpersons who are sitting in any of these Committees are vetted. Under Section 41, it is proposed that:- “The Cabinet Secretary responsible for matters relating to natural resources may make regulations for the carrying out of the provisions of this Act. Mr. Temporary Speaker, Sir, unless you put a clause that this will be submitted to the Senate like we have done in all the Bills affecting counties, the idea of them having this Bill coming from us will be defeated. This is because the CS will then transmit it to the National Assembly. We want to tie this to the Inter-governmental Relations Act, the Urban and Cities Act, the County Governments Act and the Regulations Act. The Act is clear that those regulations must come to the Senate for approval. I propose an amendment to that extent so that we have some role to play. Similarly, with regard to the proposed Section 36 tied with Section 37, I suggest that the reports that are going to be submitted by the NRBSA contemplated and the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir. I also rise to support this timely and important Bill. As the Bill itself states in its Memorandum of Objects and Reasons, this is a Bill whose principal purpose is to provide a legislative framework for establishment and enforcement of a system of benefit sharing in resource exploitation between resource exploiters, the national Government, the county governments and local communities and to establish the NRBSA which is established in Clauses 5 and 6 of the Bill. This Bill seeks to address a very fundamental question. Indeed, the stories about Africa’s resource curse have been discussed all over in academic circles, in the media and even private forums. This curse, simply defined, is a curse whereby Africa is blessed with abundant natural resources. However, it is also cursed in the same area where these resources are found with the poorest people. This is what Franz Fanon called “the wretched of the earth”. Mr. Temporary Speaker, Sir, if you look at what has happened in the Middle East; those desert economies have been transformed by oil and gas. They are now the financial capitals of the world because they have been transformed by their natural resources. If 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 Bill that was brought by Sen. (Dr.) Zani. The reason I am supporting it is because it addresses all the issues about natural resources in our country. I am a player in this field. I know what it takes to establish a mine; what you have to go through, the prospecting issues, the exercise itself and embarking on the prospecting to be able to find minerals. In most cases, minerals that we find are those that are of lower standard compared to other minerals which are produced in other countries. All the same, it is business. This Bill is about the distribution of the wealth in this country to reach the common mwananchi . From the outset, the feeling of Kenyans is that there is a lot of exploitation. That is the gap that we need to bridge. While we are looking at that issue from that perspective, at the same time, we are trying to establish a management authority that will constitute representatives of the county and also committee members from the national Government. However, what is the issue here and why are we discussing this Bill on forming this management authority, when we have the national Government that has been collecting fees, licensing and having Kenyans pay taxes while these resources are not reaching Kenyans? I served in the Tenth Parliament and I was a senior Member of the Public Investments Committee (PIC). I went through books from different ministries, commissions, authorities, including National Hospital Insurance Fund (NHIF) and the National Social Security Fund (NSSF). To our surprise, we found none, including Kenyatta National Hospital (KNH), whose funds had not been squandered. That is the exercise that we have been doing in this country; day in, day out, week after week, month after month and year in, year out. Administrations come and go and we keep forming different bodies to control public funds. However, is there any that has succeeded? The answer is none. What I want to say to my sister as I support this Bill is, that we are going to have ole so-and-so, Mutiso, Kamau or Atieno here, but we are just bringing the same faces of Kenyans who are sisters and brothers of those who have failed in the NSSF, NHIF, Kenya Wildlife Services (KWS) and so forth. I am not opposing, but I just want to declare my position about this; that we are bringing in other institutions that will start eating again from the public funds. Once this money is set aside as I have seen here, diverted and given to the counties, is it not going to the same governors that we have 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. Muthama. Your time is up. Sen. (Prof.) Lesan.

Mr. Temporary Speaker, Sir, I also rise to support this Bill very strongly. Before I do so, I thank Sen. (Dr.) Zani for her effort in this Bill. I also thank the Committee for many hours they spent in collecting all the data that led to formulation of this Bill. This, indeed, is a very important Bill. It has a future in it and it is one of the Bills that we must address with brevity. The Senator for Machakos County, who has just spoken, talked in a manner to suggest that everybody here is going to freeze and stop working because whatever we do will be stolen by corruption. We do not want to go that way. Where I come from, there is a saying that once you have been chased by a black buffalo, next time, you see anything black behind you, you think it is the same buffalo chasing you. This is an attitude that we should not shy away from. We should not be afraid to exploit natural resources in our country for fear of the fact that whatever we get might be exploited by corruption. Mr. Temporary Speaker, Sir, this Bill has got all the tenets of exploiting new territories in material and also the possibility of working out and putting in place people of integrity that will follow the law. In fact, this Bill will put a law in place that, perhaps, will take care of all the loopholes that have been exploited by corruption agents. Mr. Temporary Speaker, Sir, one of the devastating things that happen when natural resources are exploited is destruction of the environment. I am sure that this Bill will address some of the things that might do disservice to the exploitation of natural resources. We should not just get attached to the value of our natural resources and lose the whole environmental aspect of the country that remains. I will be happy if we put in place regulations that guide the restitution of the land that has been used to extract natural resources. This land should be reconstituted once 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. Kanainza, you need to use a temporary card and not another Senator’s card, so that you can be captured on the HANSARD. Yes, Sen. Omondi.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity. I want to thank the Mover of this Bill because the Bill touches on Kenyans. Since ancient times, Kenyans have been benefiting from the blessings that God has given them in different regions of the country. Mr. Temporary Speaker, Sir, when you visit most areas where natural resources are being exploiting, you will find that people living around there live in poverty. You wonder when their living standards will be improved and who will come to their rescue. The Mining Act of 1940 is very old and outdated. It is high time that we shared the available natural resources equally. The Petroleum Act, Cap.308, offers a benefit of sharing. It provides a mechanism where the Government and investors can share the benefits accrued from the natural resources. However, the communities living there are left out. I hope that this Bill will enable Kenyans to have a say and change their living standards. If they are given a share of the benefits accruing from the natural resources, I am sure that the poverty levels in this country will go down and the living standards will improve. Everybody will appreciate one another and live in harmony. Since people fight mostly due to unequal 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, thank you for giving me this opportunity to also add my voice to this Bill. I will start by appreciating what Sen. (Dr.) Zani and the team has done, to ensure that we have the Natural Resources (Benefit Sharing) Bill, (Senate Bill No. 34 of 2014). I am aware that they did a good job because they are my friends. Last year, they visited different sites. They also went to Australia so that they could have some knowledge on this. Mr. Temporary Speaker, Sir, we have to appreciate that Kenya is endowed with very many types of riches, but the unfortunate bit is that we have left these riches, both The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity to contribute to this very important Bill by Sen. (Dr.) Zani. We know that Kenya is endowed with enormous resources. Over time, communities have been complaining about the benefits that have been accruing from the natural resources that are within their areas. The fact that devolution is with us, this particular Bill would not have come at a better time. The Senate is living to its expectations and that of the people. This is a House that will apparently address the challenges that are being faced by our various counties. Mr. Temporary Speaker, Sir, when we look at the various natural resources that are based in different counties, we see a situation where we have the Masinga Dam, like what Sen. Muthama said; it is there. It was developed quite sometimes back and its impact to the people of Machakos is quite minimal. When you come to my county, Nakuru, we have national parks and masses of water like Lake Naivasha, Lake Elementaita and Lake Nakuru. Some of the things that are happening on the ground touching on some of these natural resources are shocking. It is important that I state here that when we come to a water mass like Lake Naivasha, close to almost 60 per cent or 65 per cent of the local population have never been to the lake. Leave alone the fact that we are talking about money that is accruing from the natural resource itself, but access to the natural resource has not been easy. It has been prohibited by individuals who have blocked the corridors that are supposed to lead to that natural resource. Mr. Temporary Speaker, Sir, it is important that even when we talk about a dam like Masinga and others which are supposed to have fish because the authority which is generating hydroelectric power from there is supposed to ensure that, that water does not just go to waste. They are supposed to introduce fish and anything else that is supposed to be put into that water. However, for the local community to access that dam – just like for the people of Naivasha to access their lake – is a problem. The people of Naivasha have tried very hard to have the corridors opened. It is a big problem. Right now, cattle belonging to the Maasai Community, because of the dry spell, cannot access the fresh water that is in the lake because of blockage of those corridors. So, as we discuss Sen. (Dr.) Zani’s Bill, it is important that we also go very deep into knowing the system that will be followed. If I am to give my county as an example, the royalties that will be coming from the various natural resources within the county do not go to the county and fail to help and assist the communities that are within those natural resources. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Mr. Temporary Speaker, Sir, for giving me this chance to add my voice to this Bill which is very critical. It touches on the natural resources and benefit sharing. This Bill is very important because when you read Article 71(1)(a) and (b) of the Constitution, it touches on the agreements relating to natural resources and legislation. It is Parliament that needs to put legislation in place so that we protect our people in the counties which we represent. I want to appreciate the efforts of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary, Speaker, Sir, for giving me this opportunity. I thank Sen. (Dr.) Zani for thinking at a time like this where we have a lot of issues in terms of the resources in our counties and how they should be shared. On behalf of my Committee, the Standing Committee on Lands and Natural Resources, I also wish to register my appreciation to Sen. (Dr.) Zani for the wonderful job she has done. We are the Committee that has been handling this issue since it started. Clause 69(a) of the Constitution talks about ensuring sustainable exploitation, utilization, management and conservation of the environment and natural resources and the equitable sharing of accruing benefits. This is the Constitution of Kenya which a majority of us voted for. The Natural Resources (Benefits Sharing) Bill, 20l4 that is before us is in line with the Constitution. It establishes avenues whereby there is sustainable exploitation and utilization of resources, conservation of the environment and natural resources which are the minerals and all the resources found in our counties. It has also given us the formula on how these resources will be shared between counties and the national Government. Clause 69(d) of the Constitution talks about encouraging public participation in the management, protection and conservation of the environment. The Bill before us has created an avenue whereby the public can be appointed to sit in the proposed committees to make decisions that concern the resources within the counties. Lastly, Clause 69(h) talks about utilizing the environment and natural resources for the benefit of the people of Kenya. If you study this Bill clearly, it has defined very The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir. I would like to, first of all, congratulate Sen. (Dr.) Zani and the Members of the Ad hoc Committee who took the trouble of going round the world to see how other communities handle benefitting from the natural resources and came up with these well thought out Bill. For a long time, since the colonialists came, our resources have been up for grabs. Anybody who thought that they had an idea on how to exploit it would grab and sit on 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.

Mr. Temporary Speaker, Sir, its only five minutes remaining to adjournment or the interruption of the Business. Therefore, I will not have a lot to say, except to support this Bill very strongly because its intention and contents are very important. It is something we have been lacking in this country since Independence. That is why quite a large extent of exploitation of our natural resources has been going on without our knowledge. It is as if this country does not have law, or we do not understand the kind or resources that we lose or money taken out of this country by foreigners. This Bill will contain, standardise and make rules for further natural resources exploitation which, to me, is very important. This Bill is well written and will be very difficult for anyone to start thinking of amending it. But the men and women who come 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! When the Bill comes back for debate you will still have ten minutes. Hon. Senators, it is now time for interruption of the business of the House. The Senate, therefore, stands adjourned until tomorrow, Thursday, 19th 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.