Hon. Senators, I have two Messages from the National Assembly to communicate to you. The first Message is on the Fair Administrative Action Bill (National Assembly Bill No. 10 of 2015). CONCURRENCE OF THE SENATE ON THE FAIR ADMINISTRATIVE ACTION BILL (NATIONAL ASSEMBLY BILL NO.10 OF 2015) Hon. Senators, I wish to report to the Senate that, pursuant to Standing Order 40 (3) and (4), I have received the following message from the Speaker of the National Assembly regarding the passage by the Assembly of the Fair Administrative Action Bill (National Assembly Bill No. 10 of 2015). “PURSUANT to the provisions of Standing Order Nos. 41 and 142 of the National Assembly, I hereby convey the following message from the National Assembly- WHEREAS, the Fair Administrative Action Bill (National Assembly Bill No.10 of 2015), a Bill concerning County Governments, was published vide the Kenya Gazette Supplement No. 26 of March 13, 2015, as a Bill originating in the National Assembly and concerning county governments in terms of Article 110 of the Constitution; AND WHEREAS, the said Bill whose objective is to give effect to Article 47 of the Constitution was considered and passed by the National Assembly on April 23rd, 2015 NOW THEREFORE, in accordance with the provisions of Article 110(4) of the Constitution and Standing Order No.142 of the National Assembly, I hereby convey the said decision of the National Assembly, the object of which is to seek the concurrence of the senate.” Hon. Senators, Standing Order No.148 requires that a Bill which originates in the National Assembly be proceeded with by the Senate in the same manner as a Bill introduced in the Senate by way of First Reading in accordance with Standing 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. Speaker, Sir, I beg to lay the following Paper on the Table:- The Tobacco Control Regulations 2014

Mr. Speaker, Sir, thank you for the opportunity to make a request for a Statement. My request is directed to the Chairperson of the Senate Committee on Energy. In the Statement, I wish to request the Chairperson to respond to the following specific issues:- (i)explain the cause of the frequent power failure in Kisii County and the neighbouring areas including Migori, Homa Bay and Nyamira counties; and, (ii) whether Kenya Power fully appreciates the impact and implications of power failure or disruption on the economic and social activities of the citizens in the affected counties; (iii)if the power distribution agency has made any efforts to explain to the consumers the challenges being experienced and what is being done to address the challenges; and, (iv)whether the Chairperson could state if the institution responsible for power distribution has any plans to compensate consumers for any losses incurred as a result of power failure or power interruptions. Mr. Speaker, Sir, I am aware that a similar request was made by the Senator for Nyamira a few months ago but no response has been made because I rode on the same request to seek further information. I hope that this time, the chairperson of the Committee will respond promptly.

Where is the chairperson, the vice chair or any Member?

On a point of order, Mr. Speaker, Sir. That is a very important Statement sought by Sen. Obure. I was wondering whether the Chair can include Murang’a Town and its environs on completely the same issue. Could the Chair explain the cause of frequent power failures and give the answer for both Kisii County and Murang’a Town?

Senator, I thought you are going to hold brief for the Chair. Where is the Chair or the vice chair?

Mr. Speaker, Sir, I will be responding in two weeks’ time. 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.

Two weeks? Sen. Obure alleges that there was a similar request for the neighbouring county of Nyamira which has also delayed.

Mr. Speaker, Sir, the Senator for Nyamira had asked about the impact of the reduction of fuel on transport and I responded accordingly. I said that he should redirect that question to the Committee for Transport and Roads and not to the Committee on Energy.

So, the response would be on Kisii and Murang’a counties. IMPLEMENTATION OF MALKA DAKA IRRIGATION PROJECT IN GARBATULA

Mr. Speaker, Sir, I stand to issue a Statement sought by the Sen. Fatuma Dullo Adan in respect to Malka Daka Irrigation Project in Garbatula Isiolo County. She had sought a Statement on whether a needs analysis was conducted before initiation of the project. She also wanted the Chair to explain why the affected community and the County Government of Isiolo were not involved in the design and implementation of the project. Thirdly, she wanted to know how much money was allocated for the two phases of the project and the duration to completion of each phase of the project. She also sought to know when the tenders for the first and second phase were awarded, to whom and what procedure was used in awarding them. She also wanted the Chair to clarify whether the implementation of the first phase was ever audited and what were the findings. She also wanted the Chair to state whether the Ministry of Agriculture, Livestock and Fisheries through the National Irrigation Board has put in place measures for capacity building and inclusion of the community in the project. Mr. Speaker, Sir, as to whether a needs analysis was conducted before initiation of the project; in 1978 the then Ministry of Agriculture carried out a feasibility study on the viability of an irrigation project to settle destitute families. The report was positive and the Food and Agriculture Organisation (FAO) and the Government of Kenya funded the project and 200 families were settled. In 2005/2006, the community requested CDF funding to revive the scheme whose infrastructure had been washed away in 1986. The allocated funds were, however, inadequate and only managed to purchase a pump and construction of a pump house. All indications on the ground show that irrigation development is demand driven by the community which is further evidenced through farmers taking the initiative to purchase portable pumps to irrigate their small farms. Secondly, as to why the affected community and the County Government of Isiolo were not involved in the design and implementation of the project, the community has always been involved in all stages of the project development from initiation to implementation and production. This is evidenced by the existence of an Irrigation Water Users Association with elected officials which the technical officers have always worked with. The community has always been consulted in every activity and has given valuable information during design and implementation. The County Governments came into 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 commend the Senator for giving me that response. Unfortunately, the Ministry is running away from answering the questions that were put to them. If one is sent to the ground right now, they will find that the communities are not benefitting from the project at all. I would like to respond to the Statement in the following manner:- It is not clear from the Statement how much has been allocated because the information given in the Statement is contradicting. The Ministry talks about Kshs36,327,634 while the audit engineers report of 2nd July 2013 indicates Kshs32 million.The technical audit report and M&E of January 2015 indicates the same as Kshs39.025.088. Clearly, there is contradiction. Could the Ministry tell us exactly how much has been allocated to these two projects? Secondly, why was the pump house that has been constructed by the Constituency Development Fund (CDF) in 2015/2016, budgeted for again by the Ministry in 2010? What is the position of the existence of the Water Users Association? Clearly, this has not given the position on the ground. I need an elaboration on that. Further, what exactly did the Ministry do with the Kshs3.181 million allocated for capacity building and farmers support in phase I, apart from purchasing fuel? The only thing they did was to purchase fuel and there is evidence to that. Again, the Ministry has not indicated the efforts to engage the county government despite the latter’s establishment for over two years. So, the county government is not involved up to now. Again, what exactly is the Ministry’s target group? This is because the communities have not been trained in terms of what is going to happen once the project is over. Finally, when and in what form was the bid for Phase I floated? This is not clear. Could you elaborate on that?

Thank you, Mr. Speaker, Sir. I appreciate the concerns of the Senator of the area. Definitely, she is from the area and knows much more. However, the responses are as given. According to the report that I have read, the amount allocated is Kshs36, 327,634. I realise that in the audit report, this is indicated as Kshs32 million and definitely this begs an answer or reconciliation. I undertake to go back to the Ministry to find out exactly how much was allocated. Regarding the issue of the pump house, I agree that it has been allocated funds in the first and second phase. Certainly, it does not say why; whether it was two or one pump house that was constructed. If it is one pump house, then there is double budgeting or allocation. Again, we shall go back to find out this. The position on the Water Users Association is as indicated. There is a Water Users Association in place and that is the report that we have received from the Ministry. 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, that shows clearly that the Statement was not responded to properly. The communities affected are not at all benefitting from the project. This is a money making venture. Therefore, could the Ministry go back to the drawing board because the people within that area suffer shortage of water? They die of hunger while billions of shillings are pumped into the project. Therefore, I request the Chairman to go back to the relevant department to address the issues affecting the communities. Thank you, Mr. Speaker, Sir.

On the same, Mr. Speaker, Sir. It is surprising that the Chairman is talking about a county government working together with the committee. The county government of that county has been in place for the last two years. I expected it to be engaged immediately because this is a devolved function. Could he clarify further; when he says that Constituencies Development Fund (CDF) money was spent and the National Government Fund has been spent, whether an audit has been done to show how funds have been spent or is there some collusion taking place in the project?

Mr. Chairperson.

Mr. Speaker, Sir, I have already indicated that we are ready to go back to the Ministry to find out exactly what is happening, especially, in view of the assertion by the Senator that the community is not benefiting. It is serious that a substantial amount of money has been used. If the community has not benefitted, then certainly it is the responsibility of this Senate to find out exactly why. That is why I have said that we shall go back and look into all the issues that may not have been answered.

When will you come back with the response?

Mr. Speaker, Sir, we request for two weeks.

It is so ordered. 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.

Yes, Mr. Speaker, Sir. Mr. Speaker, Sir, I have discussed with my colleague and we have agreed, with your kind permission, that I respond to it tomorrow. The response is ready but it is being given a final touch.

You discussed with him but not with your Speaker. Sen. Musila, do you concur?

Mr. Speaker, Sir, as I was coming in, I met the Chairman. He mentioned to me that the response will be ready tomorrow. As you are aware, this is a matter that has been of concern to the House for a long time. So, I will be happy to the get the report in the House tomorrow. However, I just want to emphasize that, with the indulgence of the Chairman, this matter should be put to a closure tomorrow. Thank you, Mr. Speaker, Sir.

The response should be given tomorrow. STATUS OF CASH TRANSFER PROGRAMME FOR PERSONS WITH SEVERE DISABILITY

Mr. Speaker, Sir, I sought a Statement from the Chairman of the Committee on Labour and Social Welfare on delay of cash transfer to persons with disability before we went on recess. I would like to know when he will respond to my Statement.

The Chairperson of the Committee on Labour and Social Welfare, could you respond to Sen. Omondi’s Statement on cash transfer to persons with disability?

Mr. Speaker, Sir, the answer is ready but I kindly seek for permission that I respond to it tomorrow.

Why?

You are not the Speaker.

Do you wish to respond to the Statement tomorrow?

Yes, Mr. Speaker, Sir.

On a point of order, Mr. Speaker, Sir. I believe you heard the Chairman say that the answer is ready. The Statement is listed to be delivered today and Order Papers come well in advance. For those of us who are digital, we get access to them much earlier before the sitting. Is it in order for the Chairman to take the time 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, Sen. Khaniri. The Statement shall be delivered tomorrow. You may be digital but you have failed to read the digital version, neither have you read the hard copy. Look at the last page on your Order Paper which lists statements. That particular Statement is not listed there.

Most obliged, Mr. Speaker, Sir.

Yes, of course, Mr. Chairman. Do you have a choice? Tomorrow, we will expect two statements from you. ONGOING PROPERTY DEVELOPMENT AT THE JUNCTION OF LORESHO RIDGE ROAD AND KAPTAGAT ROAD

Mr. Speaker, Sir, you recall that I had sought a Statement from the Committee on Land and Natural Resources regarding the development going on at Loresho junction of Kaptagat Road and Loresho Ridge. I informed you that the Chairman had the Report ready but he had done it in way of a report which I have looked at. Apart from the word “report”, it is actually a statement. If it is tabled, it has to go through the whole process of a Motion. Is it in order that the Chairman, instead of tabling the report like I had indicated earlier, gives the information in the Report? This is because it is actually supplementary to the Statement that had been issued earlier, which you ordered for further information. It is now available. This is a very important Report considering, as you are aware, what is going on currently. I seek your direction, Mr. Speaker, Sir.

The Chairperson, could you respond on the issue concerning the direction?

Mr. Speaker, Sir, it is true that we attempted to do a report. However, what I have in front of me is supplementary information on the Statement which I gave on this matter. If you allow, we could give the supplementary information and that would save a lot of time for this House. Thank you, Mr. Speaker, Sir.

Order, Senators. I think that those are issues that have implications in terms of which procedure to follow. I would ask that I look at the matter today, so that I give the appropriate direction tomorrow; whether to dispose of it in terms of a statement or report. So, both of you should come prepared tomorrow for whichever direction that I will give.

Mr. Speaker, Sir, may I request with your kind permission that, that be done on Thursday and not tomorrow.

That is even better. 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, could you then allow me to table the report, so that in case you rule that it is a report, then we will still present it? I have the document here with me.

That might be inimical to your own interest. If I were you, I would just leave it the way it is, so that I have a lot of leeway to decide whichever direction to take. If you table it, you would have predetermined the next course of events.

Most obliged, Mr. Speaker, Sir.

That is the end of Statements time.

Before we move to the next Order, I have a Communication to make on the visiting delegation of staff from Murang’a County Assembly. Hon. Senators, I am pleased to acknowledge the presence and welcome and to the Senate this afternoon staff from Murang’a County Assembly who are seated in the Speaker’s Gallery. I request that when their names are called out, they stand, so that you may acknowledge them in our usual Senate tradition. 1. Mr. Sammy Gathata, Deputy Clerk. 2. Ms. Anne Macharia, Clerk Assistant. 3. Mr. Kenneth Mwangi, Hansard Reporter. 4. Mr. David Wambiri, Chief Serjeant-at-Arms Hon. Senators, I wish to take this opportunity on behalf of the Senate and on my own behalf to wish the staff from Murang’a County Assembly a happy and fruitful visit. I have not forgotten my deputy, who is the Senator for Murang’a.

Mr. Speaker, Sir, I want to thank you for acknowledging the staff from Murang’a County Assembly who are here. Beyond that, I want to thank you and your office for according the staff of Murang’a County Assembly the opportunity to come to the Senate to benchmark, see what goes on in the Senate and learn. I want to thank you for the very comprehensive programme that you have given them and the officers that they have been able to see. Mr. Speaker, Sir, I want to use this opportunity to challenge my colleagues who have not done it; that the Senate is an extremely good teaching ground for the staff of the county assemblies. The Senate is always ready, willing and able to help our staff at the county assemblies, from the HANSARD, clerk’s office and all levels to learn. We must continue to work very closely with the county assemblies and help them where possible in capacity building, which is currently happening, as you can see, with the staff from 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, now that the Senator for Murang’a has been given an opportunity to appreciate the presence of the members of staff from Murang’a County Assembly, I also need to appreciate them. This is because earlier in the morning, they visited us in the Committee on Implementation and saw what was happening. We had a Cabinet Secretary and the Governor for Nairobi. But more importantly, through them, I want to thank the people of Murang’a because there used to be an elected councillor in Murang’a who came from Karachuonyo. He was a councillor there for a very long time. He was even a treasurer of FORD-Asili Party. I remember hon. Matiba would not do anything until he listened to that Luo who was a councillor in Murang’a. So, continue to build one nation there in Murang’a. I will ‘retaliate’ in Siaya also.

Hon. Senators, indeed, I cannot agree more especially with the sentiments by the Deputy Speaker; that we have a programme for capacity building for our county assemblies. Some of your county assemblies have already benefited from it. So, we will continue to avail those services to the county assemblies when they need them. Make use of the opportunity. Next Order!

(Hon.) Ethuro): Hon. Senators, we need to do a Division. I want to believe that we have sufficient numbers for voting. We will do electronic voting. Ring the Division Bell for one minute.

Order, Senators! I want to encourage you to remain the House, because the next several Orders will require your presence.

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 will now announce the results of the division.

Order, hon. Senators! We had already concluded Order No.10. The only thing which is remaining is voting for the clauses which have to be amended. We also have clauses without amendments. We will vote by roll call voting, we will not vote through the digital system. Since, we have about four questions, I will just allow the Division Bell to be rung once, then the bars will be drawn.

For one minute!

Yes, that is okay. I order that the Division Bell be rung for one minute.

I order the bars to be drawn and the doors to be closed.

As I had said, we are going to do roll call division. The Clerk-at-the-Table will call out the names of the Senators. We have quite a number of clauses which have been lumped together and maybe there could be one clause you may feel at least you do not want to--- We can have the tellers for the “Ayes” and for the “Noes.” We are on Order No. 10, Committee of the Whole, The Potato Produce and Marketing Bill (Senate Bill No. 22 of 2014).

Tunafanya kienyeji?

We are not doing it kienyeji; we are going straight away for Division after that. Are we ready? Where are the tellers? The leadership should provide us with two tellers.

We have quite a number of amendments.

Shall we vote on all of them together or one by one?

We shall vote on all of them together unless you have a reservation on any one of them. We just want two tellers, Sen. Chelule, please, come. Sen. Sijeny, are you voting for Nairobi? You can still be a teller and vote at the same time.

Sen. Orengo wants gender balance on this. Tellers, please come forward. 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 Chairman, Sir. The Nairobi Delegation Leader stepped aside recently. Do Members of his delegation have the power to vote now that he stepped aside?

Sen. Sang, I rule you out of order.

Sen. Chelule

Sen. Sijeny

Order, hon. Senators. The Ayes have it.

Sen. Chelule

Sen. Sijeny

Hon. Senators, the results are as follows

Sen. Chelule

Sen. Sijeny

Hon. Senators, I will now announce the results for the division.

Hon. Senators, we now go to the fourth Division.

Sen. Abdirahman, Wajir County;Sen. (Prof.) Anyang’-Nyong’o, Kisumu County; Sen. Boy Juma Boy, Kwale County; Sen. Haji, Garissa County; Sen. M. Kajwang’, Homa Bay County; Sen. Sen. Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. Kivuti, Embu County; Sen. (Dr.) Kuti, Isiolo County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. Madzayo, Kilifi County; Sen. Mositet, Kajiado County; Sen. Mungai, Nakuru County; Sen. (Eng.) Muriuki, Nyandarua County; Sen. Murungi, Meru County; Sen. Musila, Kitui County;Sen. Muthama, Machakos County; Sen. Ndiema, Trans-Nzoia County; Sen. Ntutu. Narok County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County; Sen. Orengo, Siaya County; Sen. Sang. Nandi County; Sen. Sijeny, Nairobi County and Sen. Wamatangi, Kiambu County.

Sen. Chelule

Sen. Sijeny

Hon. Senators, the results are as follows:-

I thank the tellers for doing a good job. I now call upon the Mover to report to the Senate the consideration of The Potato Produce and Marketing Bill (Senate Bill No. 22 of 2014) and its approval thereof with or without amendments. 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 Chairman, Sir, I beg to move that the Committee do report to the Senate, its consideration of The Potato Produce and Marketing Bill (Senate Bill No. 22 of 2014)and its approval thereof with amendments.

seconded

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Potato Produce and Marketing Bill (Senate Bill No. 22 of 2014) and its approval thereof with amendments.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report.

seconded.

On a point of order, Mr. Deputy Speaker, Sir. I rise under StandingOrder No.71 to request you to make a determination on whether the vote that was taken in the Committee of the Whole is a vote. This is because while you were going on, a point of order was raised on the implications of a Senator voting for Sen. Sonko. A determination was not made and this has constitutional implications because Standing Order No. 71 is actually drawn directly from the provisions of the Constitution in Article 123. I want to remind you that when Sen. Mutula Kilonzo Snr. passed on, when Sen. Wetangula lost his seat because of the court process and when Sen. Otieno Kajwang passed on, on all the three occasions during the roll call voting, their names were never called out.We are aware that Sen. Sonko has stepped down. We want it to be clear. We would like a determination to be made because we have never had this experience before and under Standing Order No. 1, it is important that you be very clear. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I wanted to inform the Senator but I think you have cut him short.

It is too late. You do not inform him when he has already sat down.

On a point of order, Mr. Deputy Speaker, Sir.Is Sen. (Dr.) Khalwale in order to ask the Speaker twice? The Speaker had ruled on that issue by the same Senator on the matter of the Senator of Nairobi. Is he trying the Speaker?

Mr. Deputy Speaker, Sir, I am the one who raised this issue about a Senator who does something that is not grounded in any law called “stepping aside” and announcing publicly that he has left participation in the proceedings and sittings of the Senate. Indeed, since he did so, he has never stepped here; at least not in my presence. Even if he had not stepped aside – something unrecognizable in law – by now he should have lost his seat for not attending proceedings of the Senate.

Order, Sen. Wetangula! The issue before the House – the one raised by Sen. (Dr.) Khalwale– is clear. If you are trying to raise another issue, I will not allow it.

Mr. Deputy Speaker, Sir, I am complementing what he said.

Well, I have heard Sen. (Dr.) Khalwale. Unless you are saying something different but if you bring the new angle of the Constitution and people losing their seats, this is not the time to determine that because the Constitution is clear.

Mr. Deputy Speaker, Sir, let me conclude my point. If, indeed, it is true that the distinguished Senator for Nairobi County stepped aside and left attendance of the Senate, it so follows that Nairobi County has no delegation in this House.

Order, Sen. Wetangula! Let me save all of you from this predicament that you appear to be in so that we can proceed with the matter before us. We are going to be rudderless if we continue on this point. I can confirm to all of you, as I sit here, that it is true that Sen. Sonko wrote a letter of intention to step aside for 60 days, pending determination of the issues that were there. I can also tell you for true, that the Office of the Speaker wrote to him and declined to allow him, pending determination of the legality or otherwise of taking that position. As of now, neither the constitutional Article that Sen. (Dr.) Khalwale has referred to nor Standing Order No. 71 would come into play. The point is that Sen. Sonko at the moment---

That is why I stopped you, Sen. Wetangula. It is not that I did not want you to proceed on that issue. The reason I stopped you was that, the position, as of now, is that Sen. (Dr.) Khalwale has not stepped aside because--- 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.

Order! Order, Members! Not on that point because Sen. (Dr.) Khalwale made a point of order premised on the fact that Sen. Sonko has stepped aside. I have informed you, from the Chair, that Sen. Sonko has not stepped aside because the Speaker is still in the process of determining whether or not there is such a provision in law in the Constitution. So, if anybody wants to discuss the issue of the delegation of Nairobi County here, I will not allow it because what I have said is the current and actual legal position.

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

I will not allow a point of order. Sen. Wetangula, listen to me first of all. You will not help me as pertains to Sen. Sonko. We will not discuss him here or his stepping aside because I have told you the position as of now.

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

On what possibly could you be making a point of order?

Mr. Deputy Speaker, Sir, I thank you for guiding me. However, I would like you to clarify something further. Having guided me, I am still not clear. Mr. Deputy Speaker, Sir, you have confirmed that the Speaker declined the request for stepping aside by Sen. Sonko.

I have not said that at all. You are putting words into my mouth. I said that the matter is still under the consideration of the Speaker and that Sen. Sonko has not, as of now, stepped aside. That is the clarification I made to you.

Mr. Deputy Speaker, Sir, if you could hear me on this one. I heard you say that Sen. Sonko wrote but the Speaker declined to acknowledge his request to step aside. If that is the case, the point I would like you to clarify is---

Order, Sen. (Dr.) Khalwale. If that is what I said, then that was not the correct position - I doubt very much that that is what I said - I said that Sen. Sonko wrote to the Speaker. The Speaker replied informing him The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Deputy Speaker, Sir. From the outset, I said I want to try and assist on this issue. It is true that Sen. Sonko wrote to the Speaker requesting to step aside. However, the big question is; did he step aside as the Deputy Chief Whip of the Majority or did he step aside as the Senator for Nairobi County? Mr. Deputy Speaker, Sir, we have seen Ministers stepping aside to allow investigations but they do not step aside as Members of Parliament (MPs). My understanding is that Sen. Sonko vacated the office that could stop investigations from taking place. That is the position. Sen. Sonko remains the Senator for Nairobi County. It is only the voters that can make him step aside. That is what I wanted to help the House know about.

Thank you very much, Sen. Muthama. That is very helpful and the actual position. It settles the issue.

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

I will not accept more points of order.

Order, Senators! It is my prerogative, as the Speaker, to allow or not to allow points of order. I have declined any points of order on the issue of Sen. Sonko. That closes the matter. Let us proceed.

Hon. Senators, I will now put the question.

The Mover.

Mr. Deputy Speaker, Sir, I beg to move:- THAT, the Potato Produce and Marketing Bill (Senate Bill No. 22 of 2014) be now read a Third Time.

Who is seconding the Bill?

econded.

Thank you, Senator. 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. Senators, we have done very commendably. We have considered the amendments but do not seem to have the numbers to proceed.

Mr. Deputy Speaker, Sir, I rise under Standing Order No.54 (3) to request that we defer the putting of the Question to another day.

Hon. Senators, I accede to the request. The question shall be put tomorrow at 2.30 p.m.

Next Order!

Order, Senators! We are in the Committee of the Whole to consider the Public Fundraising Bill. If you remember, on Thursday last week we agreed that the clauses that were to be moved by Sen. Mutahi Kagwe were to be recommitted today. Sen. (Prof.) Anyang’-Nyong’o will move those clauses. As usual, we will go through all the necessary amendments and then the Division will be done at the end. The Clerk-at-the-Table will read out the clauses. We have done many other Clauses, but there are some that we recommitted.

Order! Sen. (Prof.) Anyang'-Nyong'o, hold on, I will come back to you. Let me consult.

Mr. Temporary Chairman, Sir, I am wondering whether it is Clause 13 in the regulation of fundraising appeals at the county level of Government in part 3 or which one is it?

Thank you, for your clarification, let me consult and then come back to you.

Yes, Sen. (Prof.) Anyang'-Nyong’o. It is in the regulations. Proceed.

Part III

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, the Bill be amended by deleting Part III and substituting therefor the following new part-

Do you have any explanation? Anyway, you do not have to because it was Sen. Kagwe who proposed.

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.

Division will be at the end of the process.

I think we are missing something. It is important that all of us properly follow the sections that remained. I want to explain to the House that we had done the Bill extensively. The Clauses that were remaining were suggested by Sen. Kagwe for amendment and he was not there. We had attempted to drop them, but we reinstated and recommitted them for the Committee of the Whole today. That is why we are here to substantially deal with those Clauses that were proposed by him. We have done Clauses 13 and 14. However, in terms of the guidance of the Clerk at the Table, I think--- Let us proceed to the next Clause.

Division will be done later.

Mr. Temporary Chairman, Sir, I hope that there is a difference between Clause 25 and the New Clause 25(A) which we shall come to. I have something to say about the new Clause 25.

We shall come back to the new Clauses.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 25 of the Bill be amended in subclause (2) by deleting the words “county committee” and substituting therefor the words “relevant county executive committee member”. Mr. Temporary Chairman, Sir, let me explain why these amendments are important. What Sen. Kagwe has done is to substitute executive committee member for the county committee. In other words, he wants to reduce the bureaucracy that was in the original Bill. He proposes here those activities and responsibilities be given to the executive member in the county government. This will make it more efficient and less costly. I thought I should give this explanation so that I do not have to repeat it every time these amendments come up.

Division will be done later.

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

Sen. (Prof.) Anyang'-Nyong'o, I think you should keep your microphone on.

Mr. Temporary Chairman, Sir, I will keep it on. Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 26 of the Bill be amended – (a) in subclause (3) by inserting paragraph (ba) immediately after paragraph (b) – (ba) the necessity of conducting the fundraising appeal; (b) in subclause (4) by inserting the words “the Elections Act” immediately after the words “Ethics Act” appearing in paragraph (e). Mr. Temporary Chairman, Sir, the only explanation that is important here is that he is trying to give a logic to the arrangement of the clauses, but also to remove the words “Election Act” and put the appropriate Act that is supposed to be referred to which is the Ethics Act. So, it makes a lot of sense in that amendment and I accept it.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 29 of the Bill be amended – (a) in subclause (1) by deleting the words “county committee” appearing immediately after the words “Committee or a” and substituting therefor the words “county executive committee member”; (b) in subclause (2) by deleting the words “county committee” “Committee or a” and substituting therefor the words “county executive committee member”; and (c) in subclause (3) by deleting the words “county committee” “Committee or a” and substituting therefor the words “relevant county executive committee member”. Mr. Temporary Chairman, Sir, Sen. Kagwe found it necessary to ensure that the institution responsible for undertaking the responsibility being given is the executive committee member rather than the county committee as previously proposed.

Division will be at the end.

Since we are going to vote on this proposal in an omnibus way, tomorrow or thereafter, and there is no likelihood that there is any opposition that is emerging from these amendments, is it possible for the Clerk-at-the-Table to read all the proposed amendments, and then the Senator for Kisumu can give the explanations, then we come for the voting tomorrow? It is significant to call them clause by clause because you vote on each clause. However, since we are not voting on each clause, I think we are The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Sen. Orengo. We have only three other proposals to go through. Let us just complete it.

We had already done it. We will come back to that. Let me first complete Sen. Kagwe’s amendments. I propose that Clause 32 be part of the Bill. Proceed, Sen. (Prof.) Anyang’-Nyong’o.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 32 of the Bill be amended in subclause (1) by deleting the words “county committee” appearing immediately after the word “the” and substituting therefor the words “county executive committee member”. This is for the same reason that the previous clauses have been moved to be part of the Bill because of the substitution of the phrase “executive committee member” for “county committee.”

Division on this will be done later.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 33 of the Bill be amended – (a) in subclause (1) by deleting the words “county committee” appearing immediately after the word “the” and substituting therefor the words “county executive committee member”; (b) in subclause (2) by deleting the words “county committee” appearing immediately after the words “opinion of the” and substituting therefor the words “county executive committee member”; and (c) in subclause (3) by deleting the words “county committee” appearing immediately after the words “refusal, the” and substituting therefor the words “county executive committee member”.

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.

Division will be done later.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 37 of the Bill be amended in subclause (1) by deleting the words “county committee” appearing immediately after the word “notice, the” and substituting therefor the words “county executive committee member”. Mr. Temporary Chairman, Sir, Clauses 39, 48, 50, 51 and 54 are amended for the same reason. I think Sen. Orengo has a point here because it is just the same conformity to the previous clauses that those amendments are done.

Okay, pending determination here about what the Standing Orders says, I would rather we just proceed that way, clause by clause. We will not take more than five minutes in the remaining clauses.

Division on this clause will be done later.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 39 of the Bill be amended in subclause (1) by deleting the words “county committee” appearing immediately after the words “decision of the” and substituting therefor the words “county executive committee member”.

Division on this clause will be done later. Proceed, Senator.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 48 of the Bill be amended in subclause (1) by deleting the words “county committee” appearing immediately after the word “submit to the” and substituting therefor the words “county executive committee member”. 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.

Division on this clause will be done later.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 50 of the Bill be amended – (a) in subclause (2) by deleting the words “county committee” appearing immediately after the words “approval of the” and substituting therefor the words “county executive committee member”; and (b) in subclause (4) by deleting the words “county committee” appearing immediately after the words “the Committee or” appearing in paragraph (b) and substituting therefor the words “county executive committee member”.

Division on this clause will be done later.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 51 of the Bill be amended in subclause (3) by deleting the words “county committee” appearing immediately after the words “surrender to the” and substituting therefor the words “county executive committee member”.

Division on this clause will be done later.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 54 of the Bill be amended in subclause (1) by deleting the words “county committee” appearing immediately after 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.

Division on this clause will be done later.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- THAT, Clause 59 of the Bill be amended by deleting subclause (1) and substituting therefor the following new sublcause – (1) A member of the National Committee, an employee of the National Committee or a county executive committee member shall not receive any gift or favour from an Applicant or a person licenced under this Act if the licence is still in operation.

Division on this clause will be done later. Let us move on to the New Clause 25A.

Mr. Temporary Chairman, Sir, I have serious objections to that amendment.

No, you cannot be the Mover and have objections to move the amendment.

Then I will not move it. There is a problem with it. Is reads as follows:- THAT, the Bill be amended by inserting the following new clause immediately after clause 25 – Member of Parliament not to participate 25.A (1) An elected or nominated in or conduct a fundraising appeal. Member of Parliament or of a County Assembly shall not actively participate in a fundraising function or conduct a fundraising appeal, whether directly or indirectly, during his or her term as a Member of Parliament. (2) Notwithstanding subsection (1), a Member of Parliament may make an anonymous contribution to a fundraising appeal conducted in accordance with this Act. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Your responsibility this afternoon is confined to moving.

Okay, but I will not move it.

If you do not want to move it, just refuse to move it. Then it will just be dropped.

Then I drop it.

I can see Sen. Orengo wants to raise a matter of procedure.

Mr. Temporary Chairman, Sir, with respect to Sen. (Prof.) Anyang’-Nyong’o, he had taken the responsibility to move the amendments by Sen. Kagwe. I think he should be true to that responsibility. If there is a basis for making any amendments to the amendments, then we can do it from the Floor. However, it is not right for him to accept the responsibility with respect, then in this hour of need, run away from it. He cannot run away from moving it because it is the mandate and responsibility that has been given to him. I agree with him. I saw this. Probably, he can move it. If you can give us a little time to fine tune it, we could move a further amendment to it.

Yes!

Sen. (Prof.) Anyang’-Nyong’o, Sen. Kagwe has been extremely useful in informing a Bill that you pioneered or sponsored. So, you cannot just abandon him midway when you have also moved so many of the clauses. Proceed moving, then the Senators on the Floor will assist. Let me give Sen. Obure an opportunity.

Mr. Temporary Chairman, Sir, I would like to persuade the Senator for Kisumu, Prof. Anyang’-Nyong’o to faithfully move the amendments by Sen. Kagwe. The rest of us on the Floor will make further amendments.

Prof. Anyang’-Nyong’o, are you persuaded?

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- 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 Chairman, Sir, I propose that we should have time to propose the amendment formally. We are doing this in a very difficult way. We should follow the normal parliamentary procedure. The reading of the wordings in 25A (1 and 2) amounts to nothing as long as the words are in the provision. In fact, my suggestion is that sub clause 2 should be removed in its entirety. If we say that notwithstanding sub section 1, a Member of Parliament may make an anonymous contribution--- that cannot be anonymous. People will feel intimidated to give information which may amount not to being anonymous. This takes away the whole spirit and letter of the provision. I further propose that the words appearing on the second line and the third lines that “shall not actively participate whether directly or indirectly” be deleted. The provision would make a lot of sense if there was an absolute prohibition for Members of Parliament and Members of the County Assembly from participating in fundraising functions. There are provisions in the body of the Bill as proposed by Sen. (Prof.) Anyang’- Nyong’o which would allow some kind of contribution which can be made in any case on a humanitarian basis. However, as long as we include in this case “actively or inactively” if you appear before some church functions, you will be asked utoe sadaka kubwa instead of the normal sadaka then this clause will not attain its objectives. 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.

Is there anyone seconding you?

seconded

Mr. Temporary Chairman, Sir, I do not want to second. I was rising to seek clarification.

It has been seconded by Sen. Wetangula.

Sen. Murungi, you can now make contribution to it.

Mr. Temporary Chairman, Sir, the further amendment to the amendment proposed by Sen. Kagwe appears to be a bit technical. Could Sen. Orengo explain to us in simple terms what his amendment means before we vote on it? What does it mean?

Mr. Temporary Chairman, Sir, sub clause 2 does not need a lot of explanation. It says; “notwithstanding the provisions of Clause 1, you can make an anonymous contribution.” My understanding is that when you are making an anonymous contribution, you can do it behind the scenes or give an envelope without announcing. This may be a very good intention. However, if you appear another time in a church service and say that you are not allowed to contribute and that you do not want your contribution to be announced, what do you do with a priest who may stand up and say that “we should not hide what the Lord has given to us?” Lo and behold! If it is Kshs200--- I do not think that this will help Members of Parliament to meet the intended targets for this clause. Similarly, sub clause 1 says; “you shall not actively participate,” I do not understand under what circumstances participation can be normal or in acting capacity. That distinction is very important. We should know whether you are participating directly or indirectly. My leader here can bear me witness, most of the time, we have gone to very many places where we have been told; “We do not want your money. This is not a harambee meeting. However, your contribution is welcome.” I have seen somebody who was prepared to give a contribution of Kshs5,000. The organizers said: “You are a whole Senator. This is not enough participation.” Here, we are now talking about active and directly and indirectly participation. Those words will not help. The effect is that you do not give at all in the circumstances covered by this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Division on this New Clause 25A will be done later.

Mr. Temporary Chairman, Sir, on behalf of Sen. Kagwe, I beg to move:- 48.A A person who makes a contribution THAT, the Bill be amended by inserting to a fundraising appeal shall – the following new clause immediately (a) specify the source of the contribution; after clause 48 – Declaration of source of and contribution. (b) declare such contribution in the income tax returns submitted by such person pursuant to the Income Tax Act. The reason this clause is important is to make sure that people who contribute money for genuine causes do so honestly, transparently and in line with Chapter 6 of the Constitution which deals with Integrity. If you are making contribution from your own sources, then you declare it income tax. It can also be tax deductable so that what you give can be recognized by the State as philanthropy. However, at the moment, people harass others to collect a lot of money that is even more than their monthly income and contribute to harambees and then they are glorified. But in the meantime, other people have suffered and corruption continues. I think that it is a very transparent part of the law which will make Chapter 6 of the Constitution be effectively realized in law.

(Sen. Wetangula)

Thank you, Mr. Temporary Chairman, Sir. This is one proposal that I support in its entirety. I am particularly appreciative of Sen. (Prof.) Anyang’-Nyong’o on this particular regard because he is never intimidated. If you go to a fundraising with him, he will give what he has. That speaks volumes. However, the tendency in this country now is that a fundraising becomes like a major political exhibition or show business. That kind of thing should be taken to Las Vegas where Mayweather can do better. One of the things that the NARC Government taught and brought to this nation is that tax money can actually do a lot. If people pay taxes, we can have a trillion shillings budget. In the earlier days, for tax revenue to hit Kshs300 billion was a major thing. However, we are now having budgets of trillion shillings. At this particular point in time, I think that those who are willing to contribute should declare their sources. That is happening in banks also. You cannot withdraw more than Kshs1million. If you deposit more that the said amount, banks also have to give account of such movements of money, especially now that we are fighting corruption and terrorism. You know what is good for the goose is good for the gander. It may be good for the banking sector. But harambees can also be a way in which people can do a lot of terrible stuff to the country. I fully support this amendment. I hope that when we put it to the vote, it shall be adopted.

Sen. Murungi, do you have a point of order?

I would like to contribute.

Please, proceed Sen. Murungi.

Thank you, Mr. Temporary Chairman, Sir. I also want to add my voice to those who are supporting this amendment. We have been put in a situation where even poor people have to pretend every weekend that they are very rich people. We spend the week, from Monday to Friday, harassing friends and borrowing money so that we can show up in the village over the weekend with bundles of money to impress the villagers. Some of these people are making big businesses out of these contributions. 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 Chairman, Sir. I appreciate that the “lion king” is talking about people knowing about how much we are paid. However, sometimes, even what we are paid is being taken for granted. If you look at your salary slip, what is salary is about Kshs340,000. The rest is car maintenance which people normally assume that it is part of your salary. Part of it, is for your mobile phone. So, we live a lie most of the time because what we should really be using to make sure that people are in the Chamber--- For instance, most Senators are not in here now because they have to pursue other things . So, I am informing Sen. Murungi that most of what he is mentioning as salary, is already committed to car maintenance and other things.

Mr. Temporary Speaker, Sir, I want to thank Sen. Anyang’- Nyong’o for this Bill. This is the best law for this country because I believe it will bring sanity to this nation. It is these people who get money illegally that go about intimidating

during harambees. I believe that we are having a problem with drug trafficking and those targeted are young people. Out of that, you will find that after they get that kind of money, they feel that they can only be felt in the society if they look for leadership. Therefore, in some cases leadership has been traded with money. People need to know that a Senator, a Member of Parliament or an MCA also need to be paid so that they can take care of their families and other needs. Therefore,

should not expect that whatever these leaders earn should be taken to harambees. It should be a good concept that a leader must have some qualities to provide guidance in the section where one is leading. This is a very good amendment and I support it.

Let us proceed because Division will be done later.

Mr. Temporary Speaker, Sir, I beg to move:- THAT the Bill be amended in the Schedule– 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.

Division will be done later.

Mr. Temporary Speaker, Sir, I beg to move:- THAT clause 2 of the Bill be amended– (a) In the definition of the word “county register” by deleting the word “county committee” appearing immediately after the words “which a” and substituting therefor the words “county executive committee member”; (b) by deleting the definition of the word “county committee”; and (c) by deleting the definition of the word “relevant committee”.

Division will be done later. We do not have the numbers to go on with Division. So, you will proceed to report progress.

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole report progress on its consideration of the Public Fundraising Appeals Bill (Senate Bill No.28 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.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Public Fundraising Appeals Bill, Senate Bill No.28 of 2014 and seeks leave to sit again tomorrow.

seconded

On a point of order, Mr. Temporary Speaker, Sir. Did you see what the Senate Minority Leader did? He was not properly in the House, but at the Bar, but voted more loudly than everybody else. Could you rule him out of order?

I did not see him or hear him. However, in case he did that, he must have contributed a lot.

Who is the Mover of this Bill? Where is he? If he is not here, we can skip and go to the next Order.

Mr. Temporary Speaker, Sir, I beg to move that the Parliamentary Service (Amendment) Bill (Senate Bill No.21 of 2014) be read for a Second Time. This is a very important Bill for the strengthening of this Senate. As stated in its memorandum of objects and reasons, the main purpose of this Bill is to amend the Parliamentary Service Act, Cap 185(a), which was passed in the year 2000, indeed, as Act No.10 of 2000. The Act was passed 10 years before the new Constitution came into force. 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 am so sorry to interrupt my distinguished learned senior. Did you notice that as the distinguished Senator for Meru – who doubles as the king of Meru – was starting to move the Motion, contrary to the provisions of our Standing Orders where no more than one Member should be standing, the distinguished Senator for Mombasa was standing over there and doing this?

Whatever that means, I do not know. Is that allowed? Is it proper? Is it parliamentary?

Sen. Wetangula, that is not allowed, but the Speaker never saw that.

Thank you, Mr. Temporary Speaker, Sir. The Senator for Mombasa is my good friend and he was just expressing solidarity with me.

Mr. Temporary Speaker, Sir, as I was saying, this Act was passed in 2000, almost 10 years before the new Constitution came into force. However, it has not been reviewed to bring it into line with the new constitution. This Act, which regulates the provision of services in Parliament – which means both the National Assembly and the Senate – does not recognise the Senate. It is still in the era of a unicameral Parliament and it is a shame that we, who are making other laws, have allowed this law to go unamended to bring it in line with the Constitution; almost four years after the new Constitution came into force. The main purpose of this amendment is to create two committees within the Parliamentary Service Commission (PSC) namely, the National Assembly Services Committee, to be chaired by the Speaker of the National Assembly and the Clerk of the National Assembly to be the Secretary together with other members, so that they can provide specialized services to the National Assembly. It is also to establish the Senate Services Committee chaired by the Speaker of the Senate, and of which our Clerk will be the Secretary. Mr. Temporary Speaker, Sir, the purpose of the establishment of these two committees is to enhance administrative autonomy of the Senate and, at the same time, enhance efficiency in the delivery of services by the Clerk’s office and the secretariat of the Senate to the Senate and the same for the National Assembly. I do not need to speak a lot on this because I am actually preaching to the converted. Let the truth be said, because as the Bible says, it is only the truth which will set us free. I am happy with the information which Sen. Orengo was giving me, that although it is claimed that we are overpaid, earning in triple digits, indeed, the take-home pay for most of the Senators is rarely more than Kshs300,000. 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 second this Bill. I wish to start by congratulating my distinguished learned senior, the Senator for Meru, for working on this Bill. In so doing, he has been quite consultative in sharing his ideas and vision with many of us. This Bill must be looked at within the context of the fact that just as law is dynamic, institutions are also dynamic. They grow, expand and 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.

Shame! Shame!

That was a very callous answer; that she does not know what you do and what you are. Do you believe that? I believe she voted for a Senator from the county she comes from. This kind of arrogance and demeaning attitude towards the Senate is what informs the fact that instead of living on the basis of benevolence from arrogant State officers, the Senate must take its own destiny, drive it and make its work effective. We are not doing this for this Senate; we are doing this for posterity. After Sen. Murungi, there will be another Senator in Meru. After Sen. (Prof.) Lonyangapuo, there will be another Senator in West Pokot. We must lay a foundation that those who come after us find institutions that we have built. You know the famous song by Bruce Springsteen, that “we built this city.” We will one day stand out there and say “we built this Senate.” Those for whom we are building; our grandchildren, children and competitors will come here and find a Senate worth being a Senator in. Mr. Temporary Speaker, Sir, at some point, we will, probably, add some clauses so that even the personnel that help us in the Senate are taken care of by the Senate itself. We need the Senate to have a say as to what quality of personnel we require. What happens today is that anybody that the National Assembly does not want, they shift them to the Senate and so on, and so forth. That is not very good. We want the Senate to be empowered to work. 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. One of the most well informed persons or Senators in this House is Sen. Wetangula, not only in the meaning and roles of a Senator, including the role of the Senate, but in other issues. However, those roles do not include gloating and glowing as defined in the Constitution. Is it in order for the Senate Minority Leader, a distinguished Senator, with long standing years in Parliament, to borrow words which have no relevance or meaning towards the work of a Senator which is to oversight the work of a Governor? Is it also in order for him to undermine my role in Kiambu County of ensuring that the funds that have been sent there are spent prudently without bloating or gloating?

Sen. Wamatangi, I think you have qualified the words of the Senate Minority Leader. You said that he is very well informed. You also repeated to say what your intention was. You are completely out of order.

On a point of order, Mr. Temporary Speaker, Sir. In law, there is something called “demeanour” that you observe when you are interviewing a witness or looking at an accused person in the dock. From the delivery of the Senator from Kiambu, did you sense the fact that he was continuing to gloat?

On a point of order, Mr. Temporary Speaker, Sir. There are more than five known versions of the English dictionary. It is important for this House and especially for Senators who have not only read the English Language, but also learnt the law to tell us whether they are referring to the term “bloat” or “gloat” as envisaged in the many readings they do in law? Otherwise, in the plain English Language, I just walked in here and made a contribution. I have not gloated or bloated.

Mr. Temporary Speaker, Sir, I am sure you must have noticed that when the distinguished Senator was walking in, he was walking using what we used to call the “academic angle” of inclination. When I said The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, the Seconder of this Motion was very passionate in seconding the Motion and he did it very well. Probably, that is why other Senators thought of coming back. I will propose the question so that during the next sitting, we will move on to the debate.

Hon. Senators, it is now 6.30 p.m. It is time for interruption of the business of the House. Therefore, the Senate stands adjourned until tomorrow Wednesday, 6th May, 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.