Hon. Senators, I have a Petition to the Senate by the Africa Digital Network Limited (ADN) concerning the migration of television broadcasting from analogue to digital platform. Pursuant to Standing Order Nos. 220(1)(a) and 225(2)(b), I hereby report to the Senate that the Petition has been submitted by the Africa Digital Network Limited through the Clerk of the Senate, requesting the Senate to review certain aspects of the digital migration process in Kenya and to undertake certain interventions on the same as explained below:- The Africa Digital Network Limited is a consortium of three media houses in Kenya namely:- 1) The Nation Media Group (NMG), the proprietors of the NTV and QTV. 2) The Standard Group (SG), the proprietors of KTN. 3) Royal Media Services (RMS), the proprietors of Citizen TV. As you are aware, Article 119(1) of the Constitution reads:- “Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.” Hon. Senators, I have reviewed the Petition and wish to highlight the salient issues raised by the petitioners which are as follows:- (a) that only two companies; the Government-owned Kenya Broadcasting Corporation (KBC) through its subsidiary Signet and the Chinese’, Pan African Network Group (PANG) are licensed Broadcast Signal Distributors (BSD) in Kenya. The petitioners are also aggrieved with the process through which the said BSD licenses were issued; 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, thank you for this opportunity. I am aware that the petitioners, at some point came before the two Standing Committees of the Senate; the Standing Committee on Legal Affairs and Human Rights and the Standing Committee on Broadcasting. I have listened to some of the issues in the petition and there is a general sense in which that fair competition talked about in the petition tends to give a certain advantage to foreign investors over local ones. We know that this country where a local investor is able to invest over and above any foreign investor, then like any every other country that has decorum and respect for its citizens, first priority should go to the local investor. One of the things that have been crowded in a lot of secrecy is the local ownership of Pan African Network Group (PANG) which is a foreign outfit that runs the Star Times. Therefore, I want a clarification whether we can establish with finality who are the investors behind PANG so that the freedom of information under Article 34 is adhered to. Kenyans have a right to have information that affects public interest. Mr. Speaker, Sir, by way of clarity, it would be important to understand the status; I believe that the petitioners are back on air and I am not sure under what arrangement. It would be important by way of clarity to that report or to whatever outcome the Senate decides to recommend, to know under what arrangement the petitioners are back on air because at that point they came, they were off air. It would be important to know whether by virtue of them being back on air, this particular petition has been frustrated by passage of time or certain developments in the arena of the matters alluded to in the petition. Therefore, it would be important to write to the petitioners to expound further on the circumstances upon which they are back on air and whether being back on air would have any adverse impact on any recommendations that this Senate might make. Otherwise, it would be a petition in futility because the status quo has been maintained or certain arrangements or agreements have been entered into. Mr. Speaker, Sir, lastly, when the petitioners came to our Committee, they said that the President had instituted some kind of proceedings to ensure that the two parties are able to amicably resolve these matters. It would be important to know what progress was made in that particular area. I remember the Chairman of the Nation Media Group (NMG) raised the flag that they were going to meet the President and his team with a view of getting a solution to the matter. We want to know what kind of progress was made so that this Senate does not embark on processes that have either been finalized, actualized or interventions made so that we are able to move expeditiously in a manner that is not defeatist to the processes internally.

Mr. Speaker, Sir, I want to echo the sentiments by Sen. Hassan of Mombasa. We do not want to engage in an exercise in futility. I also want to say that the issue of the media is very important in this country. The media has been key in some of the achievements we have had in terms of our freedoms and fighting for the rights of the systems of governance, including the constitutional review process. The media has also The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I also want to support what Sen. Hassan has said. The Senate needs to understand whether certain mechanisms that have been put in place to ensure that the media houses are back on air. We need to ask ourselves whether the set- top boxes available can serve all Kenyans. The Communication Authority of Kenya should guide us to understand if the rolling of the programme is going to be friendly to Kenyans or discriminatory. More importantly also, we need to know, through the Report that the Committee was to table in this House whether, indeed, the issues that were raised at that time between the Government and the three media houses have been finalised. We need to be clear that it will never happen again because the main concern of the Senate, as an institution, is to ensure that the Constitution is adhered to. We must ensure that Kenyans have information. That is our role. With regard to the issue of set-top boxes going to the rural areas, I do not know whether these have any way of being connected to batteries because access to electricity is a problem. Some people in the rural areas use batteries to watch television. So, there are many things the Government should clarify to us and simplify for Kenyans also to understand. If that is in the Petition, we need to see how the petitioner sieves out to focus on a way forward. For now, we are on air and I have not seen media houses complaining. I think we are moving on well. Thank you, Mr. Speaker, Sir.

Members, regarding whether the issues can be canvased or not, we have technical people to sort out that.

Mr. Speaker, Sir, there is no doubt that the media in this country has played its part in matters relating to the social and economic development of this country. The media has continually given information ensuring that the nation is properly enlightened and educated. There is also no doubt that the media, generally, has also been associated with efforts being made by the Kenyan people to enhance economic space and improve governance through the various institutions. However, there is need for this Senate to go deep into the various issues raised by media houses in order to understand the challenges facing that sector. In my The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, this petition will give the Senate ample opportunity to look into what is happening because the stoppage of the transmissions by local companies, coming close to the recent Security Bills, has painted a negative image of the country; that, perhaps, we are not so friendly to the investors or the media. We want to know exactly why it has become urgent for media stations to migrate. We also need to understand the implications of the digital migration to the consumers. Will it involve additional costs or will the consumers enjoy the services free as they used to? We also need to see how local artists can benefit from this digital migration. What will be the local content of their transmissions? Perhaps, this is an opportunity to interrogate and ensure that our artists, performers and broadcasters do not lose jobs.

Hon. Senators, pursuant to Standing Order No. 227(1), the Petition stands committed to the relevant Standing Committee, in this case, the Standing Committee on Information and Technology. In terms of the Standing Order No. 227(2), the Committee will be required, in not more than 60 days from the time of reading the prayer, to respond to the petitioner or petitioners by way of a report laid on the Table of the Senate and no debate in relation to the report shall be allowed. I may also wish to add that since the matter has been before the House, that period should be dramatically reduced. Next Order!

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate. The Report of the Standing Committee on Land and Natural Resources on the Environmental Management and Co-ordination (Amendment) Bill, 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.

Sen. Sang, your demeanor does not matter.

I have not seen your request. You made some few attempts and then you withdrew. THE PUBLIC FINANCE MANAGEMENT (EQUALISATION FUND) GUIDELINES, 2015

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate. The Public Finance Management (Equalisation Fund) Guidelines, 2015. Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate. Report of the Standing Committee on Information and Technology on its first visit to Konza Techno City on 19th November, 2014.

Next Order!

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to Standing Order 30 (3) (b), the Senate resolves to meet at 9.00 a.m. with effect from Wednesday, 25th March, 2015, to Thursday, 2nd April, 2015, every sitting day, excluding Thursday, 26th March, 2015.

Order, Senators! You will notice that we have a Supplementary Order Paper. Before we take Statements, let us go to Order No.8. 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 beg to move the following Motion:- THAT, pursuant to Standing Order 30 (3) (b), the Senate resolves to meet at 9.00 a.m. with effect from Wednesday, 25th March, 2015 to Thursday, 2nd April, 2015, every sitting day, excluding Thursday, 26th March, 2015. Mr. Speaker, Sir, as you are aware, there are constitutional Bills whose deadlines have to be met before we go for recess on 2nd April, 2015. There are two Bills – Order Nos.11 and 13 - which are on Second Reading, which we need to finalize before 27th March, 2015. Once we finalize, we need to send them back to the National Assembly. Also, if there is disagreement, we need to give room for the mediation team to meet before 27th March. Therefore, we do not have too much time, bearing in mind also that on Thursday afternoon, we will have a Joint Sitting of Parliament, where His Excellency the President will deliver his speech and, subsequently, from Tuesday next week, there will be three mandatory days of sitting. We really need to work extra hard today and tomorrow. Mr. Speaker, Sir, since this is a straightforward Motion, I beg to move and request Sen. Elachi to second.

Mr. Speaker, Sir, I beg to second. Indeed, in addition to the Bills that the Senate Deputy Majority Leader has talked about, there are Bills regarding allocation to counties and revenue to counties. We, therefore, need to go through them and meet the constitutional deadline. We will need guidance from the Speaker especially on the Division of Revenue Bill and the County Allocation of Revenue Bill. Mr. Speaker, Sir, I beg to second.

Mr. Speaker, Sir, I rise to make a few comments before I say whether or not I support the Motion. It is a pity that the business of this House seems to be misunderstood by my counterpart on the other side. It is more or less a Jubilee affair, yet this is business of the House. It is important that consultations are done. No doubt this is a very important Motion that helps rebuild the image of the Senate. Many a time, we have complained that we have not been doing good work. This will only enhance our image and active participation in the House, particularly with regard to passage of Bills, which is crucial business for this House. But when my counterpart tries to look for the nearest relative on the side to second, then some of us are bound to say no. However, with a heavy heart, I support. We do not execute only the business of the Government in this House. We also execute--- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. While I agree with the Senate Deputy Minority Leader, indeed, in the Rules and Business Committee (RBC) we have the Senate Minority Leader. I believe that he was informed about the Motion. Therefore, it would be unfair to say that this is the business of the Jubilee side.

On a point of order, Mr. Speaker, Sir. In terms of decorum and as has always been the tradition whenever there is a Motion that is agreed upon in the RBC, which captures the objectives of this House, Sen. Keter would have just asked our Senate Deputy Minority Leader to second this Motion. I would ask Sen. Keter to rise up and apologize and them we go ahead and live with the traditions.

Mr. Speaker, Sir, I rise to vehemently oppose this Motion.

Order! Order, Sen. Khaniri! We are busy fighting for consultations across the political divide and you do not even appreciate that your leader in the House is yet to conclude his contribution.

Mr. Speaker, Sir, I thought you were giving me an opportunity to contribute. I did not press the intervention button.

Proceed, Sen. Abdirahman.

Mr. Speaker, Sir, you can discuss business in the RBC, but that has to be transmitted equally, irrespective of the sides, to the membership. You cannot take us for granted.

Mr. Speaker, Sir, please protect me. I want to conclude.

Order! You need more protection from your own side.

If my friends on the other side are courageous enough to defend the Government all the time, business will still be there any other day. I want to conclude by saying that this is a very important Motion. In the interest of the business of this House and the bipartisan manner in which we have operated as the Senate in the past, I beg to support.

Mr. Speaker, Sir, I rise to oppose this Motion. When I look at the real reason why this Motion is being brought before the House, it is because we want to leave enough time for us to debate the Presidential Speech. I want to remind Members of this House that in the Ninth Parliament, Hon Peter Oloo Aringo fought the provisions of Articles 58 and 59 of the old Constitution, so as to give Parliament its own calendar. When he lost his seat, Sen. Keter, then Member of Parliament (MP) for Belgut, took up the matter and fought for provisions of Articles 58 and 59, to give this Parliament its own calendar, they did not succeed but thanks to Kenyans under the new Constitution, we have our own calendar. We would like, in opposing this Motion, to send a clear message to the President, that the calendar of Parliament is sacred. In fact, to attempt to adjust it must be through a lot of persuasion. Mr. Speaker, Sir, listening to the Mover of the Motion and from the remarks from the background including some heckling from Mandera--- 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.

What is it, Sen. Billow?

On a point of order, Mr. Speaker, Sir. Is the Senator for Kakamega in order to suggest that there is something about the President on this Motion? I do not see any reference whatsoever to the President. What the Motion says is to start the meeting at 9.00 a.m., so that they can deliberate on these Bills and that is what the Mover said. There is no speech of any kind that was mentioned here. Is he in order to every time impute improper motives on the Jubilee Coalition?

Order, Sen. Billow! You are completely out of order. Sen. (Dr.) Khalwale is very right in his submission because in the Motion, we have excluded Thursday and that is the day for the Joint Special Sitting of Parliament. Sen. (Dr.) Khalwale, that is not the only reason why the days are being added. There is a better reason of Constitution deadlines of the Bills in the House

So guided, Mr. Speaker, Sir. I was speaking to our colleagues on the other side, that given that your days in the Government are numbered, it is important that you move in and appreciate that an Opposition which is working like ours, is supposed to make sure that the country runs in an orderly manner. It is the same way that the Jubilee Government has subjected our women to rape in offices, that now they want to rape the calendar of this House. It is the same way---

On a point of order, Mr. Speaker, Sir. With all due respect to Sen. (Dr.) Khalwale, can the Senator for Kakamega seriously mean what he said about the Jubilee Government raping anybody? First of all, it is a very serious allegation and at the very least, it is totally unexpected language and accusations in a House as respected as this Senate. Raping is done by individuals and they can be from Coalition for Reforms and Democracy (CORD) or Jubilee. We know that to accuse a party or an institution of rape, in all honesty, is going beyond the boundaries of decency. Could the Senator withdraw and apologize?

Mr. Speaker, Sir, indeed, my brother and Senator for Nyeri is right to ask me to withdraw and apologize but he has not asked me to substantiate. When I fail to substantiate, there would be a reason for me to withdraw and apologize. For that reason, I want to proceed.

Order, Senator. Now if he was right, he just gave you the easier option and - mind his language - he actually said that you are his good friend, so, maybe, it is in that spirit, you would not want to pursue that one because, Senator, between the Jubilee Government and the allegations you are making, it can still be located to where you belong, not as a party but as an institution of Parliament. So who should be blamed?

Jubilee!

Mr. Speaker, Sir, there are also two sides of this institution. We have the Jubilee Coalition and also the CORD Coalition but let us not belabour this. I The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. The Senator cannot get away with this. We are Members of Jubilee because we were elected through that party. You cannot associate crime with a political party or members of a political party, we cannot accept that. There are Members of CORD who are involved in all kinds of crimes and we are not saying here that CORD is guilty of that crime. Your own Chairman of Public Accounts Committee (PAC) has been all over the media for the last one month; are we accusing you of corruption? If anything, the source of corruption, rape and everything is from your side. It is always in the west. The corruption that this country is dealing with is what you and your colleagues have been stealing. So, you cannot attempt to point fingers at Members of this House.

On point of order, Mr. Speaker, Sir.

You better be on a point of order because you started it. So you have to withdraw and apologize.

Order, Members. This is a very small matter. I do not know why we are exciting passions here. Sen. (Dr.) Khalwale, I think your last appeal is very well put, but the earlier statement about raping--- you know raping is a serious crime. Just withdraw and apologize so that we can proceed.

Mr. Speaker, Sir, one cannot attempt through debate to teach me English. When you say the Jubilee Government is “raping”, you can be saying physical raping of the opposite sex or you can say “raping” because when you loot from public resources, you are raping.

Order! What is it, Sen. Hassan?

On a point of order, Mr. Speaker, Sir. As you are also telling Sen. (Dr.) Khalwale to do the honorable thing, Sen. Billow, has even done worse. He said all these looting, raping and stealing emanate from your side because he heard his leader somewhere bumbling in a public rally and those types of things which are totally unsubstantiated. If we are dealing with emotions, let us also make sure that you regulate that side, if they are asking for decorum, then, they should also exercise it because if he started it, somebody has to stop it.

Order, Senators. I am actually surprised that a simple matter of a procedural Motion can elicit such intense altercations between Senators that I know for a fact have no serious issues against each other. If it is a matter The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, because of the respect I have for the Chair and for this House, I want to withdraw that the “Jubilee Government rapes---“

Order! Let us listen to the Senator.

Mr. Speaker, Sir, I want to withdraw the words “Jubilee Government rapes.” I want to allow my conscience to be free by saying that “elements within Jubilee are raping”.

Having said that, Mr. Speaker, Sir, I want to apologize to the Government, but not to the rapists within the Government.

Therefore, Mr. Speaker, Sir, I want to conclude by saying that for the sake of us maintaining the dignity, authority and supremacy of the Parliament of Kenya, we should not allow the whims of the Executive to interfere with our calendar for which we fought so hard. With those many remarks, Mr. Speaker, Sir, I beg to oppose.

Thank you, Mr. Speaker, Sir. The Motion before us is a straight forward Procedural Motion brought by the Senate Deputy Leader of the Majority. He may have forgotten that, really, it is noble to pick on a Member of the Opposition – especially as one of the leadership of this House – to support such a noble request of the House maybe because, for reasons we do not know, he is not always in the House---

What is it, Sen. Keter?

On a point of order, Mr. Speaker, Sir. With due respect to my colleague, Sen. (Dr.) Machage, he has made some allegations that I may not have been aware that I should have given my colleague on the other side an opportunity to Second the Motion. This was a straight forward Motion that does not warrant raising a lot 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.

Order! Order, Members! Indeed, Sen. Keter is right; I am the only one who can confirm or otherwise whether he was in the House or not.

Mr. Speaker, Sir, I have not disputed at all that he may have been out with the permission of the Chair. I have no power to know that and all I have done is to make an observation of what we see in the House. If he does it with the permission of the Speaker, it is all right!

Having said all that, Mr. Speaker, Sir, I seek that the Members on this side of the House do not revenge on other issues on passing this Motion. I think it is important partly because we are also to blame, as a House, for prolonging Bills unnecessarily that should have been passed in good time. We are now paying the price such that we have to find more time to pass Bills that should have been passed in a very short period. We really have no alternative but to obey the Constitution and try to pass or refuse to pass the Bills in that recorded time. I plead with Members of the Opposition that this has nothing to do with party politics; but just the country; our country. We have to be patriots and do what is necessary. The Speech of the President on Thursday is also a constitutional issue; we do not have to go into that. If the day that has been set for that is Thursday, then so be it; we will go and listen to the Head of State. This is unless we have any other reason that may make us not go between now and Thursday; we could change our minds. But as it is, I beg to support this Motion.

Mr. Speaker, Sir, I want to be on record that I have opposed this Motion.

I listened keenly to my very close friend, Sen. Keter, as he moved the Motion, giving reasons why we should have those extra sittings in the mornings. I will tell you that, unfortunately, I was not convinced and, therefore, I will oppose the Motion. Mr. Speaker, Sir, in our own wisdom, we came up with our calendar and I think, as a House, we must always endeavour to stick to the calendar that we passed at the beginning of the Session. The Mover of the Motion said that the reason we need these 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, for giving me this opportunity to also support this Motion with a rider. If the constitutional Bills coming to this House are because of the grandstanding between you and your sister--- If the constitutional Bills coming to this House are because of the grandstanding between you and your brother, the Speaker of the other House, that matter needs to be looked at effectively.

There are some constitutional Bills which are supposed to emanate either from this House or the other House and that needs to be looked at. Secondly, Mr. Speaker, Sir, the President of Kenya is---

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

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

Mr. Speaker, Sir, did you hear the distinguished Senator for Nyamira say “the differences between you and your sister?”

Mr. Speaker, Sir, we are at a loss, as a House; how does the difference between you and your sister affect the calendar of the House?

Mr. Speaker, Sir, I corrected that by saying our sister House and your brother, the Speaker of the other House.

Absolutely!

Sen. (Dr.) Khalwale was not very keen on that.

In fact, the Chair heard you to the extent that you even elicited a smile from the Chair!

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Thank you, Mr. Speaker, Sir. Secondly, Mr. Speaker, Sir, a president of a nation must be respected at all costs. President Uhuru is on his second year in office and we need to hear what he says about this Nation, because this nation has several issues. So, Mr. Speaker, Sir, I beg to support this Motion on those two premises. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I strongly support the Motion. So far, the image and reputation of this House is a very positive one. Today, Kenyans have a lot of concerns about the National Assembly. The only challenge this House has, in fact, is the ability to do its business and primarily to pass the Bills because every time we come to vote, our system of voting is so complicated that we are unable to move fast. So many Bills are pending; a single division takes almost a month to conclude because of failure by Members to attend House sittings. We cannot blame anybody. So, if the constitutional timeline, which is 27th May, 2015, reaches and these Bills are not passed, we cannot blame the President, Jubilee or anybody else. Sen. Khaniri, you better pay attention because it is not about the President; it is about this House. So, I want to urge our colleagues on the other side to look at the interest and reputation of this House and not just the politics or the political party. That is what is important; let us pass these Bills and send them to the National Assembly for concurrence. In any case, on Thursday morning, we would still have been off; so, excluding that sitting will not change anything. In fact, most of the time, the National Assembly has worked up to 9 p.m. or 10 p.m. to have these Bills passed. We rarely extend our time beyond 6.30 p.m. I think it is time we rolled up our sleeves and clearly demonstrated that we are what we say we are and do our business effectively. With those few remarks, I beg to support.

Order Members! In order to proceed, let me just also say this; a procedural Motion is a Motion that is decided by your leadership through the Rules and Business Committee (RBC) and I can confirm for a fact that the Minority leadership was fully represented. As for the consultations on the Floor, that is a different matter and I think that it is legitimate. The Deputy Senate Majority Leader should have consulted the Deputy Senate Minority Leader on the Floor. But I want to believe that there was an assumption that the leadership, along the political divides, also have communication horizontally and not necessarily across. Secondly, if you may have noticed, it is only tomorrow for this week and then it is next week that we will have the Tuesday, Wednesday and Thursday morning sittings. On the matter of the recess, for the benefit of Sen. (Dr.) Khalwale and Sen. Khaniri, it is in consideration of that calendar, because it gave us 2nd April, 2015, as a date for us to go on recess. So, it is out of respect for the calendar that these extensions are done, within the sitting days that are provided for in the same calendar. Finally, on the matter of the Presidential Address, you cannot say that a Presidential Address to Parliament is not important. It is very important, particularly this one, which The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Members. It is a Division and so I order that the Division Bell be rung for one minute.

Order, Senators. Close the doors and draw the bars. Ensure that you have your voting cards. I now wish to put the question. This is a vote by delegations.

Order, Senators! The results of the Division are as follows:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

We may now proceed to Order No. 10 on the Supplementary Order Paper.

(Sen. (Dr.) Machage): Order, Members! If you walk out, we will not execute this. Really, I am concerned. Let me have the Division Bell rang for another two minutes. We need numbers.

(Sen. (Dr.) Machage): Ring the Bell for one more minute.

Order! Where are the whips? We are in the Committee of the Whole and we do not seem to have the requisite numbers to prosecute this matter. I will therefore call on the Mover to report progress.

Thank you Mr. Chairman, Sir. Pursuant to Standing Order 139, I beg to move:- THAT, the Committee of the Whole reports progress of its consideration of The Alcoholic Drinks Control (Amendment) Bill (Senate Bill No. 5 of 2014) and seek leave to sit again tomorrow. 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.

seconded.

On a point of order, Mr. Temporary Speaker, Sir. According to the traditions of this House, whenever the Speaker is announced when the House is in the Committee of the Whole, the Speaker does not emerge from the Plenary; he or she emerges from the Speaker’s office. I would like you to guide the House whether you are satisfied that there is a Speaker in the House and whether you are satisfied that if there is a Speaker in the House, the way he came in the House, he did so in accordance with the Standing Orders of this Senate.

On a point of order, Mr. Temporary Speaker, Sir. Further to the point of order raised by Sen. (Dr.) Khalwale, in the event that you find that the said Speaker was out of order, he should be able to apologize.

On a point of order, Mr. Temporary Speaker, Sir. Sen. (Dr.) Khalwale has made a very serious allegation against the Chair and has doubted whether we actually have a Speaker on the Chair now. Would I be in order to demand that Sen. (Dr.) Khalwale pin-points the Standing Order on which he rose?

Sen. (Dr.) Khalwale, you are completely out of order because you could not have sought to stand on a point of order from a Chair who is not in existence. If I, the Speaker, is not properly here, then you cannot address the Chair. So, you are completely out of order. Considering that you have not demonstrated evidentially the Standing Order you are rising on, I consider you totally out of order. I hope you are not referring to Standing Order No.1 (ii).

Mr. Temporary Speaker, Sir, indeed you are right that you find it difficult to listen to me because I have already assumed that there was no Speaker in the House. Falling short of becoming disorderly, I was respecting the Mace. The authority of this House is within this Mace and not within the Speaker. The Speaker can change or be replaced, but not the Mace. I, therefore, want to refer you to Standing Order No.1 (ii) which you know.

Order Sen. (Dr.) Khalwale! I told you not to refer to Standing Order No.1(ii) because the Chair is aware about that. I have already ruled you out of order and the authority of the Chair is final; you cannot challenge the Chair. Despite the fact that the Mace is a very important sign of authority in this House, the Speaker also has his place just like the Members have their place in this House. You are completely out of order and I am short of asking you to apologize and withdraw, but it is enough to rule you out of order. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole is considering the Alcoholic Drinks Control (Amendment) Bill (Senate Bill No.5 of 2014) and has instructed me to report progress and seek leave to sit again tomorrow.

seconded.

Next Order!

(Sen. Murkomen); Sen. (Dr.) Zani had 13 more minutes to contribute to the Bill, which she is still entitled to but since she is not here, we can continue to debate the Bill as long as there are people who are still expressing interest to contribute. This is one of the Bills that has a constitutional deadline of 27th May 2015. Not everybody needs to debate on this Bill but considering its importance, I suppose that many of you would have liked to say something because it is only the Mover and the Seconder who spoke to it.

On a point of order, Mr. Temporary Speaker, Sir. If I heard you correctly, are you saying that we can continue with the contribution on the Bill?

Yes, we shall resume contributions to business on Order No.12 which is The Public Service (Values and Principles) Bill (National Assembly Bill No.29 of 2014). Where we are at the moment is that the Mover moved and it was seconded. Sen. (Dr.) Zani was contributing and she was left with 13 minutes and so any Senator can proceed to contribute. 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 rise to support this Bill. Looking at the Memorandum of Objectives and Reasons for this Bill, I am persuaded to believe that this is a very important Bill. This is because the Bill provides for the Objects of the Bill as being: a) a general report on the values and principles of public service; b) public participation in the promotion of the values, principles and policy making of the public service; and, c) reporting on the status of the promotion of the values and principles of the public service. Mr. Temporary Speaker, Sir, this is a very important Bill, especially in view of the tight corner that the country finds itself in now. If this Bill had already become law in this country, the kind of annoying, irritating and nauseating pronouncements that come from the public service by way of promoting public servants in this country and appointing public servants would not be the case. Mr. Temporary Speaker, Sir, the Speaker Emeritus, Francis Xavier ole Kaparo, the Chairman of the National Cohesion and Integration Commission (NCIC), has also conceded that the appointments and promotions in public service leave a lot to be desired. When you look at the entire public service – and we have spoken on this very many times – appointments and promotions are skewed deliberately to leave out 40 communities from participating in matters of governance and administration of our beloved Republic of Kenya. They are skewed to favour only two communities. Whenever we have said this in public fora, we have been accused of hate speech. Mr. Temporary Speaker, Sir, I am glad that today, enjoying the immunity of this House, I cannot be accused of hate speech. It is wrong to heap public appointments in the hands of only one or two communities, unless we do not want to build a Republic called Kenya. We want to build fiefdoms where whoever is the highest ranking from a particular tribe, then happens to become the President, then that would be the way to go. We must all join hands and continuously insist that the issue of ethnic and regional balancing, as provided for in the Constitution, is observed in public appointments and promotions. I understand that this week, the National Assembly is vetting the appointees to the Judicial Service Commission (JSC). The two people that are being vetted are none other than Ms. Winfred Guchu, the former Executive Director of TNA political Party and Mr. Kipng’etich arap Korir. Even if these two Kenyans – whose credentials I have no reasons to doubt – fit the bill, given that Ms. Guchu was the Executive Director of the President’s party and that Mr. Kipng’etich arap Korir, shares the same DNA with the Deputy President, then we, as Kenyans, have reasons to be afraid that the independence of the JSC will be compromised. I hope that the National Assembly will rise to its name and ensure that these two names do not go through, so that the President is given an opportunity to appoint other people. Mr. Temporary Speaker, Sir, I know that my younger brother, Sen. Njoroge, the nominated Senator, is wondering what I am saying, given that in the same week, former Ministers Mr. Chris Okemo, and Dr. Noah Wekesa, received appointments. I agree that those are appointments, but they cannot be used to be presumed to be achieving 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.

On a point of order, Mr. Temporary Speaker, Sir. I rise to object to the sentiments that have just been uttered by the Senator for Kakamega. It is on record that the Senator for Nakuru County has someone else, who is not from his tribe as his county manager. It is, therefore, not right for him to impute that there is tribalism in almost the entire Jubilee Government. It is really not right. It is important that he makes clarification on that.

On a point of order, Mr. Temporary Speaker, Sir. Is the Senator for Kakamega in order to contradict himself on the Floor of this House? When he is out in Kakamega supervising the fighting of bulls, he always complains that the Jubilee Government has never remembered to give any appointments, of whatever size and kind, to the people of that region. Is he now in order to demean the appointment that Mr. Okemo has now been given, yet he is not Mr. Okemo to complain?

On a point of order, Mr. Temporary Speaker, Sir. Is Sen. (Dr.) Khalwale in order to make allegations that the two nominees; Ms. Guchu and Mr. Kipng’etich arap Korir, who has close blood relations to the Deputy President, are not supposed to be considered to the positions that they are seeking? Is that not a kind of discrimination that Sen. (Dr.) Khalwale is trying to introduce into this House and the whole nation?

On a point of order, Mr. Temporary Speaker, Sir. Is the Senator for Kakamega in order to mislead this House and the nation? He is insinuating that when an appointment of an individual is made, it is a tribe or a clan that has been nominated. Secondly, he has also made insinuation that the two nominees; Dr. Noah Wekesa and Mr. Okemo have been appointed to go and count seeds and farmers. That is an absolute misrepresentation of facts. It is not in order for a Senator to use the Floor of this House to make such allegation which he knows to be false and which have far reaching ramifications. The onus is on the appointees to either decline or accept the nominations. The Senator for Kakamega cannot mislead this nation by saying that the appointment of those individuals equals or amounts to marginalization of either the community or the individuals. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Temporary Speaker, Sir. Are the distinguished Senators from the honourable side in order to ask such questions when we know that the distinguished Senator for Kakamega, who is in the public domain as a distinguished bull-fighter, was merely expressing his opinion on how he feels about this matter?

Order! Sen. (Dr.) Khalwale is in order any time he wants to make allegations, but he must be ready to substantiate. In a debate of such kind; on values and principles, I want to remind the Senator of Articles 73, 74 and 75 of the Constitution that says that any position of service under our Constitution is not for one to enrich or glorify himself or, in any way, for purpose of grandiose. Therefore, if you are called upon to be a seed counter, you must do it so diligently like Martin Luther King Jnr. said: if you are called upon to be a sweeper, you should sweep so well until the host of heavens and earth says that there was once a great sweeper. The Senator is out of order if he demeans any office in this country. However, he is in order if he can decry what he calls a state of marginalization or skewed appointments as long as he proceeds to substantiate. He has attempted to substantiate a little bit even if it was not satisfactorily. I only want to warn the Senator that while debating such an important Bill, he should be careful not to demean any office, whether it is for a watchman or a sweeper. Just walk the tight rope. Proceed.

Thank you, Mr. Temporary Speaker, for that very wonderful ruling. Indeed, in the short term, we have accepted to sweep the streets and wash your dishes. But things change. When they do, the shoe will be on the other foot and that is when some of those who think we are joking will be reminded of what Sen. Keter felt after the election of 2002. He is here. Also what the Deputy President, Hon. William Ruto, felt and the pressure he was put under after the election of 2002. What happened at that time is that there was systematic removal of people from the Kalenjin Community from top positions in the Government. It was a very big shame.

On a point of order, Mr. Temporary Speaker, Sir. I truthfully value, honour and respect your ruling, but there is a serious matter here that requires to be addressed in the content of what the hon. Senator has said to this House. If it is not dealt with, it portents serious misleading of future debates. Did you hear what the Senator said? He said that if the likes of Donald Kipkorir, who has the same DNA with the Deputy President, is allowed to pass, then the judiciary is not going to be free.

I did not hear that. Did you say that?

Yes, he said that. Please, read the HANSARD. If you let that pass, what are we saying? That is a serious allegation.

Order, Sen. Wamatangi! You have made your point. He did not talk about Donald Kipkorir. He talked about Kipkorir, who was nominated, but did you say that it has something to do with the independence of the judiciary? 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 still remember very clearly what I said. I said that then it concerns us that the independence of the judiciary is at stake. That is completely different from what the distinguished Senator from Kiambu is saying. With all due respect, you would expect me to be a zombie if I am not afraid that the judiciary’s independence is threatened when a former executive officer of the TNA party of the President is now the one sitting on the commission and the other one Kipng’etich arap Korir of the Deputy President have now come together to create numbers that will affect decision-making. Do you not remember just a few months ago, six commissioners of the Judicial Service Commission had to exit? It was a very big storm. If we had not stood as a strong Opposition---

On a point of order, Mr. Temporary Speaker, Sir. Is the hon. Senator in order to mislead this House? We know that people can exercise independence. I want to remind him that I have the same DNA as the President and when he stood for presidency in 2002, I did not support him. I came out openly and declared my principles. I said that I was in the Opposition all along and I was not going to change because my brother was the presidential candidate. It would be a bad thing to put people in certain categories just because of their DNA. One could be gifted in a certain area and there is absolutely no harm in being given an opportunity to work. What Prof. Yash Pal Ghai has said in the affidavit is cheap because hon. Christine Mango was a very staunch member of ODM and nobody raised a voice when she was appointed. Why must we be so petty when it comes to TNA or Jubilee? Anybody has a right to serve in any capacity.

Mr. Temporary Speaker, Sir---

Order, Senator. I will give you a chance and your time will be extended a little bit.

On a point of order, Mr. Temporary Speaker, Sir. With due respect to my brother, the Senator for Kakamega, whom I have known for a long time and we rarely disagree, but it is good to have the records right. It is not correct to say that the JSC is compromised by having one person from the Kalenjin or from one other tribe. You need to see the composition of the commission. We have the Chief Justice, hon. Muchelule, Mr. Ojienda and so on. So, if we have one Kalenjin why do you say that it is geared towards tilting the equation? Let us be honest to one another. We never complained when Prof. Mango was there. Those are Kenyans who deserve to be in those positions. It is good to have records right so that we do not condemn an individual who has been given a position to serve in this country.

Hon. Senators, we need to bring this debate to an end. It is not serving any usefulness in promoting the values we are debating here. Sen. (Dr.) Khalwale, if you had actually talked about the two nominees being unfit by virtue of having relations with the President’s party or one coming from the same tribe with the Deputy President, I think you are completely out of order. Sen. (Dr.) Khalwale, as Sen. Keter has said, the Chief Justice comes from a community which is different from the others. Justice Ojienda comes from another community and Justice Muchelule is from another community. Therefore, the tilting 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.

Mr. Temporary Speaker, Sir, I do not know whether the Chairperson is trying to help me. How I wish that I had been challenged. I can substantiate this very particular allegation using the Constitution and the list of all the top executives in all parastatals and departments. Since nobody has challenged me ---

Order, Sen. (Dr.) Khalwale! The only debate that we are discussing here is in the JSC. You can proceed to talk about other entities. However, on this one, you are out of order to cast aspersions, first of all, on nominees who are yet to be vetted by another House. The Motion is in our sister House. Secondly, you are out of order to cast aspersions generally on an account of one coming from this or the other tribe. That is why I did not rule you out of order when you made a wider comparison between appointments across public offices because that is your opinion. However, when you cast aspersions on another institution like the JSC, specifically we need to also ensure that the facts are kept. However, you are at liberty to compare the position of the Chairperson of the Kenya Seed Company, a member or whichever institution in its weight with another office. You had already done that and I did not rule you out of order.

Mr. Temporary Speaker, Sir, because this is a House of record, it is important that I respond to the---

You have three minutes remaining.

Yes, Mr. Temporary Speaker, Sir. It is important that I respond to the point of order by my brother, Sen. Keter and my sister, Sen. Mugo. It is true, to you, that the Senator for Kakamega County is being petty in raising this imbalance. However, I want to tell her about Coretta King. When they were marching, because they were looking for their freedom as black people, her white friends were asking her what was wrong with her. She told them, “You need to be black to know that there is nothing wrong with me.” Sen. Mugo, you need to be marginalised for you to know that there is nothing wrong with me. Mr. Temporary Speaker, Sir, my brother, Sen. Keter has challenged me on the issue of the former Executive Director of The National Alliance (TNA).

On a point of order, Mr. Temporary Speaker, Sir. May I inform Sen. (Dr.) Khalwale that I have gone through much worse than he will ever think of? I was once arrested because of the Mau Mau revolution which was led by my uncle. I was thrown out of school. I have been marginalised. I and my whole family used to sleep 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.

Order, hon. Sen. (Dr.) Khalwale and Sen. Mugo! You have already made your points. Sen. (Dr.) Khalwale, Sen. Mugo has made it clear that she is not a good example for you. Look for someone else who has not gone through what she went through. Those are facts. Sen. (Dr.) Khalwale, could you proceed. You have only one and half minutes to complete. Please, talk about something else.

Mr. Temporary Speaker, Sir, before I conclude, I want to clarify this; what makes us pissed off with Winfred Guchu is that she swore an affidavit during the petition of the contested presidential election in favour of the current President.

Order, Sen. (Dr.) Khalwale! Sen. Wamatangi, were you also used as an example?

Mr. Temporary Speaker, Sir, I am not just about to offer myself as the second example because Sen. (Dr.) Khalwale would certainly fail the test if he was to even try me. Mr. Temporary Speaker, Sir, before I sit I want to you to make a determination or a ruling. It is known in this country that when an appointment is made, one of the requirements is not to go for a DNA test. It is wrong to draw a parallel line that because so and so carries the DNA of so and so, they are not fit for appointment.

Order, Sen. Wamatangi! I already ruled Sen. (Dr.) Khalwale out of order. That is on the record. I said his statements on the JSC, I am convinced were misleading. His casting of aspersions on public officers only on an account of whether their second name is the same as that of the President or the Deputy President is completely out of order. That determination is already made. The only thing is that nobody asked him to apologise and withdraw. One minute, Sen. (Dr.) Khalwale.

Mr. Temporary Speaker, Sir, as we debate this Motion, may all the people who are appointing authorities know that as this Act comes to life, there is the Constitution which has a chapter on Leadership and Integrity and more specifically Article 73. You cannot, just like some of my colleagues, wish away the Constitution. You wish it away because you have suffered in the past. Pole sana if you have suffered in the past. For us, we continue to suffer. Mr. Temporary Speaker, Sir, we are using the Constitution and we will continue using it to ensure that the country is equalized so that historical injustices do not become and continue being the injustices of today and tomorrow. What kind of people would we be if we took pleasure in seeing an Arab or a Somali child crying because 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.

Order! You time is up!

Thank you, Mr. Temporary Speaker, Sir. I beg to support.

It would serve all of us well if we were to debate the Bill. Sen. (Dr.) Khalwale, even the Chair here is happy to be educated on the Bill clause by clause and be informed. However, you spent a lot of time on generalities. This should be a notice to other Members. Hon. Senators, I have a Communication to make.

Hon. Senators, as you may be aware, Article 132(1)(b) of the Constitution and the Standing Order 22(1) of the Senate Standing Orders require the President to address a special sitting of Parliament once every year and at any other time. Via a letter Reference No.OP/CAB.1/40 dated 16th March, 2015, addressed to the Clerks of Parliament, the Office of the President requested Parliament to set a date for the Presidential address to Parliament. Upon the Speaker consulting the Speaker of the National Assembly, it was resolved that His Excellency the President addresses Parliament on Thursday, 26th March, 2015. Hon. Senators, this is, therefore, to inform you that a Special Sitting of Parliament will be held on Thursday 26th March, 2015, at 2.30 p.m. in the National Assembly Chamber. His Excellency the President will also use the occasion, pursuant to Article 132 (1)(c)(i) to report on all the measures taken and the progress achieved in the realization of national values set out in Article 10 of the Constitution. Further, pursuant to Article 247 of the Constitution, His Excellency the President will also report on the state of the security of Kenya. I, therefore, urge all the hon. Senators to attend the Special Sitting, which is an important occasion in the Calendar of Parliament; that provides the opportunity for His Excellency the President to deliver the State of The Nation Address and address the legislature and people of Kenya on critical matters concerning the country. Hon. Senators, due to limited sitting space, the Senators and Members of the National Assembly will be at liberty to invite one guest each for the occasion. You are hereby requested to provide the names of such guests at the Senate reception to facilitate the preparation of formal invitation cards. Hon. Senators, the Special Sitting has necessitated a re-arrangement of parking. Consequently, the current Senators’ parking area here at the Main Parliament Building will be unavailable for parking on Thursday 26th March, 2015. Please, do also note that access to Parliament through the parking area, formerly known as the Ministers’ Gate, will remain restricted from tomorrow 25th March, 2015, to facilitate the pitching of tents for refreshments on the particular day. Alternative arrangements have been made for parking at the COMESA Grounds of the KICC. I urge the hon. Senators to bear with the situation. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Temporary Speaker, Sir. First of all, I want to thank you for that Communication. By good luck you have read it in good time. Given that we have a day to the Presidential Address, could you, please, take extra measures to ensure that when the Senators go to that Chamber we will not find ourselves in a situation where those Members of the National Assembly will tear our trousers and attempt to pull us from “higher” sitting” to “lower sitting?” Seriously speaking, we would like that assurance because for the many years that we have been in this Parliament, we do not know what is going on---

Order, Sen. Khalwale! A point of order is not supposed to be a debate. Parliament will make every effort to ensure that the Standing Orders are observed. I do not think that the Speakers of the two Houses would accept a situation where press- ups, pulling of trousers or fighting will be done in Parliament because that is completely against our Standing Orders.

On a point of order, Mr. Temporary Speaker, Sir. Thank you for that assurance. Would I also be in order to ask that the Senator for Kakamega also gives a commitment that he will not engage in press-ups and provoke the Members of the “lower” House to tear his trouser or shirt?

Order, Sen. Sang! I have already made a ruling that press-ups will not be condoned. There will be no provocation. In any case, the Standing Orders are very clear; that the President shall be heard in silence for all the period of his address. The hon. Senators, except for a few occasions reported by the Press which have not been substantiated, have behaved well over time. Sen. Lonyangapuo.

Mr. Temporary Speaker, Sir, I also rise to support the Public Service (Values and Principles) Bill (National Assembly Bill No.29 of 2014). This is a Bill for an Act of Parliament to give effect to the provisions of Article 232 of the Constitution regarding the values and principles of public service and for connected purposes. I am happy that a law is coming to prescribe values and principles that are required for officers who have been engaged in the public service. Clause 5(1) says that every public officer shall maintain high standards of professional ethics. These include honesty, high standards of integrity, transparency, respect towards others, objectivity, patriotism and observation of the rule of the law. We have had devolution for years now and all the officers who have been employed in the county governments are also public officers. You will be surprised that the practices on the ground are very pathetic. You will find that most of the public officers in the counties are from the dominant ethnic community in those counties, yet we want to be a unified state. County executives even transact business in their mother 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 which seeks to give effect to Article 232 of the Constitution. Even though I support this Bill, I wish that this Bill would have given that particular Article wings to fly rather than just giving it feet to crawl. When you look at what is stated in Article 232, we have talked about our value system as a nation. This Bill really expands it and makes it a much longer document. But there are certain areas where we needed to have defined things, like consequences to those people who do not properly abide by these values. Mr. Temporary Speaker, Sir, even in corporate organizations, vision, mission and value statements are things that are held very dearly. It is a good thing that for those of us who are in public service, we are now coming up with a value statement that will guide the conduct of those people who are mandated to serve the public. 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. From the outset, I support this Bill that seeks to reinforce values and principles in the public service. As I support it, I must say it is a bit late; it should have come right at the beginning of the implementation of the Constitution when counties were being established. This is because where we are now, there are so many issues that have arisen that bring to question the values and principles of officials in the county governments. Nonetheless, it is important that we have these values because they, not only impact on behaviour, character and so on, and so forth, but they impact on civil service productivity. It is not just a question of being fair, but these values that are being reinforced will ensure that our public service is productive. Mr. Temporary Speaker, Sir, some of the issues being raised here are not new. Some of them were there in the Civil Service Code of Regulations, but overtime, they have been watered down. I recall that during the early 1960s and 1970s, the civil servants of those days were more disciplined and observed ethics than the current ones. For instance, when it came to issues of correspondence, public complaints or issues of public 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. This is a very important Bill on values and principles of public service and public officers. The Constitution, in Article 232, lists what is referred to as Values and Principles of Public Service. These values and principles need to be given a breath of life and as Sen. M. Kajwang called it, “wings to fly” so that they can be operational. However, if you read the Bill, as it is, you will find that this is just a replication of statements that have no procedures of implementation that clearly define the punitive measures that should be achieved. I hope that in the Committee Stage, we will provide for punishment. Instead of giving generalities that one should go through disciplinary measures, we must make it clear that we will not condone the way things were done before this Constitution was passed. I want to be clear here that I have read the definition of Article 261 of the Constitution. The law we are passing here does not apply to us, as a House, and many state officers. However, this applies to public officers. These are persons serving in all the other organs of the state, except what is clearly excluded there; the President, Members of Parliament, the Governors and Commissioners, among others. Looking at this Bill, it seems that although we are setting very tough standards for what would be called a junior public officer compared to the President, Deputy President and ourselves, there is still a prevailing conduct and behaviour of impunity among those who are elected to come and represent people. 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 see no other interest in contributing to this Bill. Is the Mover available to reply?

On a point of order, Mr. Temporary Speaker, Sir. Pursuant to Standing Order No.54 (iii), I request that you defer putting the Question on this Bill to tomorrow Wednesday 25th March, 2015.

(Sen. (Dr.) Machage): Very well, request is granted.

Next Order!

THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 31 OF 2014) The Mover is not around. Next Order!

THE NATIONAL DROUGHT MANAGEMENT AUTHORITY BILL (NATIONAL ASSEMBLY BILL NO.42 OF 2013) The Mover is not around. Next Order!

THE MINING BILL (NATIONAL ASSEMBLY BILL NO. 8 OF 2014) The Mover is not around. Next Order!

PUBLIC APPOINTMENTS (COUNTY ASSEMBLY APPROVAL) BILL (SENATE BILL NO. 20 OF 2014) The Mover is not around. Next Order!

PARLIAMENTARY SERVICE (AMENDMENT) BILL The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Hon. Senators, there being no other business to be transacted, I hereby interrupt the sitting of the Senate. The Senate stands adjourned until tomorrow, Wednesday, 25th March at 9.00 a.m. The Senate rose at 5.45 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.