Sen. Mositet, you are listed to table a Paper. Have you changed your mind?

Mr. Speaker, Sir, I have not changed my mind. I am sorry one of the clerks had brought me something so, my attention was diverted. I beg to lay the following Paper on the Table of the Senate today---

Order! You are not going to lay the Paper where you are standing. It is laid on the Table and you have no Table before you.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 7th May, 2015. Report of the Fifth Ordinary Session of the Forum of Parliaments of Member States of the International Conference on the Great Lakes Region (ICGLR) held in Nairobi, Kenya from 20th to 22nd January, 2015.

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Fifth Ordinary Session of the Forum of Parliaments of Member States of the International Conference on the Great Lakes Region Held in Nairobi, Kenya from 20thto 22nd January, 2015, laid on the Table of the House today, Thursday, 7th May, 2015.

Where is the Chairperson of the Committee on Land and Natural Resources? Let us take requests for Statements first. FORTHCOMING STATE VISIT BY THE PRESIDENT OF THE UNITED STATES, MR. BARACK OBAMA

Mr. Speaker, Sir, I rise under Standing Order no. 45(2)(c), to request for a Statement from the Majority Leader of this House concerning the forthcoming visit to Kenya by the President of the UnitedStates, Mr. Barack Obama. In his Statement, the following clarifications should be made: (1) What official functions does President Obama intend to perform during his state visit? (2) How does the Government intend to use this visit so as to: (a) improve the trade between the United States of America and Kenya; and, (b) address the escalating threat of terrorism in Kenya. (3) Will President Obama address this Parliament? (4) Will President Obama visit Kogelo in Siaya County?

Senate Majority Leader, Deputy Majority Leader or the Chairperson of the Committee on National Security and Foreign Relations? Sen. Karaba.

Mr. Speaker, Sir, I will make sure that, that thing is answered as soon as possible. It will be answered within a week.

On a point of order, Mr. Speaker, Sir. Sen. Karaba referred to a statement that I have requested, approved by the Speaker and read on the Floor of the House as “that thing.” Could he withdraw and use the appropriate reference to the important statement?

Mr. Speaker, Sir, it will be answered within a week’s time.

Sen. Karaba, Sen. (Dr.) Khalwale is perfectly in order. I was not sure what you were responding to. You were responding to some “thing” but the issue before us was a statement.

Mr. Speaker, Sir, I apologise for that. The statement will be answered within a week’s time.

Mr. Speaker, Sir, I ride on the same question as Sen. (Dr.) Khalwale. The Ministry of Information, Communications and Technology should let us The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Next is the Chairperson of the Standing Committee on Land and Natural Resources. Is he not here? Could we have the Chairperson of the Committee on National Security and Foreign Relations? Where is the Vice Chairperson of the Joint Committee on Cohesion and Equal Opportunity or the Chairperson of the Standing Committee on Health or any Member? Sorry, the Committee on Health will respond to Statement (d). The Chairperson actually confirmed that he would be present today. He has been present since Tuesday except on the material day. Sen. Kembi-Gitura: Mr. Speaker, Sir, I do not know what to say because yesterday you directed that the answer should be given today as a Statement and the Chairman was here. I do not understand what could possibly be going on. I do not know the direction you will give on the issue. This is because the Chairman has been very eager to give the Statement. I cannot understand what has happened that he is not here now.

Not only did I indicate but I also directed. What I gave yesterday was the format in which the issue will be disposed of; whether as a report or a statement. However, the agreement had been reached so that he responds on Tuesday. So, there was adequate notice. Under the circumstances, Sen. Kembi-Gitura, I do not know what we will do. We just have to be patient and wait, I suppose. He might be on his way. Sen. Mositet.

Mr. Speaker, Sir, is it about the Samburus?

Please recollect your thoughts and then approach me. Proceed, Sen. (Prof.) Lonyangapuo.

Mr. Speaker, Sir, I rise to give a Personal Statement. I seek the indulgence of the Senate to rise under Standing Order No. 46 to make a Personal Statement. Mr. Speaker, Sir, this morning, you invited us to attend a Kamukunji which commenced at 11.00 a.m. I duly attended it as did other Senators. The Kamkunji went on until about half past one. On exiting the Chamber, I met an officer of the National Police Service who identified himself as Corporal Daudi Mutui. The officer stated that he 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. Standing Order No. 46 is about Personal Statement and it states that:- “During Statements Hour, a Senator may, by the indulgence of the Senate, explain matters of a personal nature although there is no question before the Senate, but such matter may not be debated.” Therefore, this is a matter that we cannot comment on. It is sad to say that the Senator has raised very grave matters that touch on powers and privileges of Members. I will look into that and respond appropriately. Order Members, I can see that Sen. Kivuti is in the House. Do you wish to proceed with the Statement, Senator? You are the Chairman of the Committee. 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 give supplementary information on the Statement on the ongoing development on Land Reference No.NRB/Block 90/599 at the junction of Loresho Ridge Road and Kaptagat Road. Mr. Speaker, Sir, on Wednesday 11th March, 2015, the Committee met with officers from the Ministry of Lands, Housing and Urban Development, the National Land Commission (NLC) and the National Environmental Management Authority (NEMA) to seek further information and clarification with regard to the Statement on the ongoing property development on the said land reference number. The Committee sought to know specifically what the Ministry and the NLC are doing in revoking the title to the parcel L.R. No.NRB/Block 90/599, since there was agreement that the land is public and it had been acquired fraudulently by a private developer. We also sought to know when the stopping of construction and any other development on the parcel of land would be done and whether the Ministry of Lands, Housing and Urban Development has formerly written to the NLC to request that the Commission terminates the process of revocation of the title or determines. The Committee further sought to know if the NEMA had approved the ongoing constructions on the said parcel of land. Mr. Speaker, Sir, the response from the Ministry of Lands, Housing and Urban Development was that it had determined that the said parcel of land is a public utility and had been transferred to private land erroneously. In the event that, that land for public utility was no longer needed, then the institution which was the custodian of the land, was supposed to surrender it back to the entity which issued the land, in this case, the Government. They confirmed that the Ministry of Lands, Housing and Urban Development had formerly written to the NLC to request it to revoke the said title. They also explained that the physical planning process that was carried out on the parcel of land in question was done erroneously and did not get statutory approval because the process of acquisition by the developer was fraudulent. Mr. Speaker, Sir, the NLC submitted that they had received a complaint letter from the Nairobi City Water and Sewerage Company (NCWSC) about the encroachment and also including five other parcels of land, one of which, the Loresho Plot No.596, which is part of the L.R. NRB/Block 90/599, was the subject matter of the Statement. The NLC had initiated the process of determining whether the said parcel and other parcels of land had been acquired fraudulently. The NLC had invited stakeholders and members of the public to a public hearing to establish the legality of the parcel of land. The NLC was mandated by law to hear all parties to a land dispute and determine its legality. They invited the purported owner of the L.R. No.NRB/Block 90/599 to the public hearing, but he did not attend and has been given a second chance to appear. The NLC invited stakeholders to provide documentation on the said parcel of land and from the preliminary investigations, it was evident that the said parcel of land was public land 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 would like to start by thanking the Chairman and his Committee because when they started to interrogate this issue further, they invited the Senator for Nairobi County and I to the Committee to participate, so that we could understand what was happening. I want to thank them for that and for the report. The reason we had this further meeting was because the then Cabinet Secretary for Lands, Housing and Urban Development in her answer said “the Ministry, through the National Land Commission (NLC) is going to review the allocation of the said parcels of land. If it is found that the land has been reserved for a water reservoir which is a public utility the title deeds will be revoked. That is the bottom line and the most important finding. The subsequent meeting which we had, like the Chairman has reported, in the further clarification, found that this is a public utility land and that the Ministry of Lands, Housing and Urban Development would write to the NLC to have the title deeds revoked. I note that in the resolution of the Committee, it says that “the NLC provides the Committee with a summary of preliminary findings on the determination of review of grant and disposition of the titles on the above stated parcels of land by end of business on 12th March, 2015. Mr. Speaker, Sir, I have given that background because in the various findings that were made, one of them by the Ministry of Lands, Housing and Urban Development was that after he said the land was a public utility land and it should be restricted to the public, he would confirm if the Ministry of Lands, Housing and Urban Development had formerly written to the NLC to request the commission to revoke the same parcel of land and committed to ensure the said letter was written. The NLC said that from preliminary investigations, it was evident that the parcel of land was public land reserved for the development of a water reservoir and the National Environmental Management Authority (NEMA) confirmed that it had not approved any development on the said parcel of land, although development was going on. The question all these raises is: Since the Committee was supposed to be reported back to by the NLC on 12th March, 2015, has that report been made to the Committee on or before that date and can we now rest assured that the land in question has been restituted to the public, that the title deed has been cancelled in favour of the person who took it from the public and that the land is finally the property of the Nairobi City County as trustees for the citizens of Nairobi for a water reservoir? That is the first clarification I would like to have from the Chairman because that is the issue that I am trying to follow up, so that the structures there will be demolished and finally the land becomes the property of the Republic.

Chairman of the Committee on Lands and Natural Resources? Order Chair, I see Sen. (Prof.) Lesan is on a point of order.

On a point of order, Mr. Speaker, Sir. Since it has been proved that this land was fraudulently obtained, it therefore means that there were some criminal acts which were committed by officials in the Government. Could the Chairman 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 appreciate that the Deputy Speaker appreciates the answers. I would like to also add that the additional information sought was very useful to this House because we uncovered several other properties which had been grabbed in a similar manner including the police station. Regarding the question of whether the report was done by 12th March 2015, I have given information to Sen. Kembi- Gitura that there was a meeting of NLC Review No.5 of 2015, which was annexed to this report, whereby there was an order made to restrict anything to do with this land title deed pending the cancellation. I do not want to say that I have followed up the cancellation but this is a matter which from all the submissions made, is very clear. I do not think the grabber would wish to be near there considering that the Senator for Nairobi was personally taking his team there to enforce the police who were taken there by NEMA. Regarding the issue requested by Sen. (Prof.) Lesan, whether this criminal act has been charged against the culprit, the truth of the matter is that I am not aware of any. This is a matter which can be decided here, that is whether we recommend that the person be charged in a court of law because all the arms of Government declared that this was not a legal allocation.

On a point of order, Mr. Speaker, Sir, if I heard the Senator for Murang’a clearly, he wanted to know whether the demolition of structures would be done on this particular property. You have heard the Chair, who is the Senator for Embu, telling us that they are expecting that the Sonko Rescue Team will go on site and enforce police orders. Is he in order to suggest that a private citizen can enforce police orders? If it is true, as that private citizen enforces those orders, who is this developer that Sen. Sonko is trying to arrest and evict?

Mr. Speaker, Sir I appreciate what Sen. (Dr.) Khalwale has sought. Whereas, this is a good report and I commend the work of the Committee, the truth of the matter is that it is still inchoate and not complete because it had deadlines. There is the deadline of 12th of March, 2015, by which the NLC was to have confirm that the title deed has been revoked. The order of the NLC tribunal is dated 2nd March, 2015.

Order Senator, I think you have been quoting quite extensively, just make the points now.

Mr. Speaker, Sir, this has to do with 1.5 hectares of public land that is reserved for the public and somebody is purported to take. The National Land Commission---

I know Senator but this is also Statement time. I had indulged you much earlier and you went through it quite extensively. Just revisit the issues you feel---

Mr. Speaker, Sir, the question is because the resolutions have a deadline of 12th March 2015 by which the NLC had to confirm that the title had been revoked, that is why I said it in inchoate. Has the NLC confirmed as of that date or a later date that the title deed had been revoked because at the end of the day that is what 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 is a very serious revelation that we are getting from the Chairperson of the Committee on Land and Natural Resources. This is what is happening in the whole country. We have counties which have similar problems like the ones that are faced by my friend Sen. Kembi-Gitura, the Senator for Murang’a County. A similar answer may be given by the Chairperson of the Committee on Land and Natural Resources. Could we, therefore, borrow the same, particularly in Kirinyaga? There should be similar expertise from the Chairperson of the Committee on Land and Natural Resources to visit Kirinyaga and other counties and use the same mechanism including hiring Sen. Sonko’s Rescue Team to have the plots repossessed?

Order, Sen. Karaba! You do not expect the Chairperson of the Committee on Land and Natural Resources to be hovering all over the place for a problem that has not been identified. If you want him to visit Kirinyaga, I will be more than happy but you need to specify the issue like the Senator for Murang’a did. Proceed, Chairperson.

Mr. Speaker, Sir, I will start by commenting on the point of order raised by Sen. (Dr.) Khalwale. I believe that the HANSARD will bear me witness; I did not say that we need Sen. Sonko to go and enforce the law. I stated as follows:- I do not think the contractor, after having been chased by the National Environment Management Authority (NEMA) would dare go back there because Sen. Sonko was also pursuing the same matter. Sen. Sonko was pursuing that not because of his other team, but because he is the Senator for Nairobi. Having said that, the document I quoted is actually an order from the National Land Commission (NLC) dated 2nd March, 2015, which is nine days before the deadline date although this was not prompted by our meeting. This order bars the developer from doing anything on that land and is part of the process of cancellation of the title deed because there are several steps that the NLC must take before they cancel the title deed.

Chairperson, Committee on Land and Natural Resources, I think Sen. Kembi-Gitura was asking about the cancellation while you are responding about the title deed being worked on. In your earlier response, you stated that you have not really followed it up from that date. The House will be happy if you just state that, that is an issue you want to keep your eye on. The one on Sen. (Dr.) Khalwale, on what basis is a private citizen enforcing compliance? That was the most important issue. If the Senator for Embu or the Senator for Kakamega were to do the same, are there some compensation mechanisms? What is it Sen. Kembi-Gitura?

Mr. Speaker, Sir, in fairness to this issue and considering all the work that has been done by the Committee, it would be wrong to leave it at this because we should not have a resolution in futility. The resolution says that they expected a certain answer by 12th March, 2015. That answer was as to whether or not the title deed The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, the issue here is; the Committee has done its work, it has been assured and once a resolution has been made, I seek guidance whether it will be the duty of this Committee or the Committee on Implementation which should take over the matter to ensure that, that decision is implemented.

You definitely need a lot of guidance. I will start by guiding you; there is no resolution by the House. The NLC committed to the Committee that by a particular date which was 12th March, 2015, the title deed would be cancelled. Today is 7th May, 2015 and the Chairperson is yet to get an indication from the NLC that the title deed has been cancelled. That is why the Senator for Murang’a is requesting that the Chairperson and his Committee go back and get the final confirmation from the NLC towards the desired outcome as agreed by all the actors in the process. I have summarized basically what is at stake here. Proceed, Chairperson.

Mr. Speaker, Sir, while I appreciate the requirement by the Senator for Murang’a, the statement I made on item 6 was not the revocation. It was that the NLC provides the Committee with a summary of preliminary findings on the determination of the review of the grants and disposition of title deeds on the above stated parcels of land. This meeting was on 11th March, 2015, the following day they sent this summary which was requested and is the one which states the order that revokes any dealings with this land until the process of cancellation of the title deed is done. To make matters easier for my friend Senator, I propose that we write to the NLC to ask them how far they have gone with this matter. I think it is also in the interest of this House and it also concerns other parcels of land which have been grabbed. Having said that, on the issue which you commented on the private individual from Sen. (Dr.) Khalwale, I believe the Senator for Nairobi was not talking as a private individual but as the Senator for Nairobi, just like Sen. Karaba is talking about Kirinyaga.

Order, Senator! Sen. Karaba requested you to go to Kirinyaga. Are you going or not?

Mr. Speaker, Sir, I am ready to go when requested through the Chair.

Order, Members! Let us conclude this one. I think we are getting somewhere. The Chairperson has concluded that he will write to the NLC for an update then from that update, we will know the next course of action. Senator for Murang’a, you should be happy about that one.

Mr. Speaker, Sir, I am very happy except that you allow me to ask this next week whether the answer has come so that it does not die. I think that is important. Otherwise the issue will just die off. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I give you two weeks. I am sure correspondence between the Committee and the Commission might need two weeks. You could actually do it in three weeks’ time. Chairperson, we are working on the assumption that the matters are fairly agreeable to all parties, so it is just a confirmation.

Mr. Speaker, Sir, I am obliged to do that but it may be noted that the lands office, as all of us know, is not working very smoothly, just in case there will be any delay.

Order, Chairman. Yesterday, I read to you Article 47 of the Constitution regarding delivery of services expeditiously and efficiently. I do not think it is the business of this House to start apologising on behalf of public servants. It is our job to press and press on so that they do a better job for the country. Give them that opportunity. Let them explain to you because when they hear you they might get a reason to delay.

Most obliged, Mr. Speaker, Sir. We will write to them, push them and respond to you as soon as possible.

Thank you very much. Next Statement. BUSINESS FOR THE WEEK COMMENCING TUESDAY 12TH MAY, 2015

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I rise under Standing Order No.45 to issue a Statement regarding the business for next week. As usual, next there will be a meeting of the Rules and Business Committee (RBC). During that meeting, the RBC will schedule business. However, given that we have three Bills that have very near Constitutional deadlines, we expect the RBC to be kind enough to prioritise the following three Bills:- The Public Audit Bill (National Assembly No.38 of 2014), The Public Procurement and Asset Disposal Bill, (National Assembly Bill No. 40 of 2014) and the Fair Administrative Active Bill, (National Assembly Bill No.10 of 2015). The 27th May deadline is 21 days from now and this is a deadline that includes debate on these Bills in the Second Reading as well as the Committee Stage, the passage of these Bills in this House and the return of the Bills to the National Assembly for concurrence. So, the three weeks are very short. I am using this opportunity to appeal for two things. One, that in the next two weeks, hon. Senators, we will need to be in the House, if possible, all of us to dispense with this national duty. Secondly, I would like to remind hon. Senators that these Bills have been in the past the subject of extension of timelines. So, it may not be possible to enlarge the deadlines for the finalization of these Bills any longer without attracting undesired consequences. On Wednesday, the Senate will continue with business not concluded on Tuesday.

On a point of order, Mr. Speaker, Sir. We appreciate the appeal by the Senate Majority Leader that we should endeavor and be in the House to 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.) Kindiki): Mr. Speaker, Sir, I received this Bill yesterday at 5.00 o’clock and I am prepared to move it right now. You cannot move a Bill you have not received. I will proceed.

Proceed, Senate Majority Leader. In any case, Dr. Khalwale, is not entirely right. You were not present for another Bill but not this one.

(Sen. (Prof.) Kindiki): All the three Bills that are listed here or any other Bill for that matter--- I have on my table six Bills which I received yesterday at 5.00 o’clock. So, I would not have been expected to move a Bill that had not been brought to my attention. That is my point. The point has been made that we should be here to process Bills. The delay in processing these Bills is not the fault of the Senate because they came late to us from the National Assembly. We must do whatever we can to process them in good time.

Order, Senate Majority Leader. You also owe it to the Senate. These are matters that have timelines. For Senators to be asked to cooperate; as you have correctly observed, if the three weeks period will involve concurrence of the other House, there will be need for explanation as to why the Bill was delayed somewhere else.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, my business is to move Bills once they reach to this House and are brought to the attention of the Majority Leader. I have explained, very clearly, that this happened yesterday at 5.00 o’clock. In any case, even if the Bill was moved last evening, it would not be concluded by now. So, let us look at the big picture. The big picture is that we have work to do and we must do it as soon as possible.

On a point of order, Mr. Speaker, Sir. Sometimes I sit, as it is known, where you sit, on your behalf. I want to support what---

Sen. Murkomen, you need to be gracious to me.

Yes, thanks to you, Mr. Speaker, Sir. I really want to support Sen. (Dr.) Khalwale that the Senate Majority and Minority Leaders must lead this House to be here when we want to do serious business. We now have many Bills. That is a good thing and we must congratulate them for that. However, when it comes to availability for us to hold committee sessions, which sometimes have amendments, like we have in the last few committees, where we have even up to 20 divisions to go through, we need Senators to be here. This is a message to all Senators but the Majority and the Minority Leaders must whip them together with the whips to ensure that we achieve for the sake of Kenyans and ourselves.

On a point of order, Mr. Speaker, Sir. Indeed, we need to impress upon the Senate Majority Leader that such Bills will not find their way on the Order Paper through the industry of the Speaker or any other Senator. You are the Leader of Government Business in this House. Since this is a Government Bill, we expected the leader of Government business, who is a professor of law, to know the implications 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.

On a point of order, Mr. Speaker, Sir. I know that we have expressed concerns about origin of Bills before. Although there have been improvements, I noticed that a number of Government Bills still originate from the National Assembly. Could he explain why some of those bills cannot be brought here directly?

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, it is true that there has been tremendous improvement in terms of simultaneous conveyance of Bills in the two Chambers of this Parliament. I am happy to report, for the benefit of Sen. Chris Obure and my other colleagues that all these Bills, including the ones I have read were simultaneously conveyed to the two Houses of Parliament through the Senate Majority Leader for the record. We wrote to the Office of the Speaker of the Senate and he wrote back to us saying that he was consulting his brother, the Speaker of the National Assembly and the decision as to which House becomes the originating House would be made. So, it is not true to argue that the Government of the Republic of Kenya has continued to---

Order, the Senate Majority Leader! I will not allow my office to be used in vain. One of those Bills is the Public Audit Bill, 2014. I had the opportunity to say it on the Floor, on a matter requested by Sen. (Dr.) Khalwale. I said that we had not sought concurrence and that the Bill was already before the National Assembly. So, it did not come to us.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, it is true. I remember the history around the Public Audit Bill, 2014. You remember that I was of the opinion that I think that there was misrepresentation on that Bill. You will recall that with regard to the Fair Administrative Action Bill, 2014, which is one of the Bills listed here, the process of dual conveyance was followed and what I have explained here is exactly what happened. The broad issue is that we have a number of Bills that we must finish. The delay in terms of these Bills reaching us this late is not a delay that can be attributed to this House or any Member of this House. My only appeal is that let us just work hard, process these Bills and move forward. Mr. Speaker, Sir, on Wednesday, the Senate will continue with business which will not be conclude on Tuesday and further consider and vote on the various Bills that are in the Committee of the Whole stage. On Thursday, the Senate will consider Bills at the Second Reading stage, deliberate on Motions and any other business scheduled by the Rules and Business Committee (RBC). I just want to reiterate, and I hope that in the next two weeks, we can make some good progress, so that these Bills are dispensed with and meet the constitutional deadline. Mr. Speaker, Sir, I thank you and now table this Statement on the Floor of the Senate. 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, yesterday, I requested that in line with Standing Order No.33(1), I would like to move a Motion for Adjournment on a matter of national importance to discuss Kenya Airways, which is our flag carrier and is currently facing a crisis.

Order, Sen. (Prof.) Anyang’-Nyong’o! You seem to have been talking to one side of the House. May you just repeat?

Order Senators! Please give Sen. (Prof.) Anyang’-Nyong’o the microphone.

Mr. Speaker, Sir, yesterday afternoon, I requested that in line with Standing Order No.33(1), that I move this afternoon that the House do adjourn to discuss a matter of national importance regarding our flag carrier, Kenya Airways, which is currently facing a crisis. I think that as a House in this Parliament, it is our responsibility to ensure that our flag carrier does not let our nation down.

Order Members! Sen. (Prof.) Anyang’-Nyong’o, Standing Order No.33(3) says:- “If the Speaker is satisfied in terms of paragraph (2) and not less than five other Senators rise in their places in support, the Speaker shall nominate a time on the same day at which such Motion may be moved.” I am quite satisfied that you have the requisite numbers. I have counted about 11 Senators. We will give you one hour, from 5.30pm to 6.30 p.m. today. What is it Sen. Njoroge? 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, sometime last week on Thursday, I sought a Statement which I expect to get a response today from the Committee on Health regarding a battery manufacturing factory which has raised a lot of questions within Naivasha, at a place known as Nyamathi. Thank you, Mr. Speaker.

Chair of the Committee on Health, Vice Chairperson or any other Member present?

Thank you, Mr. Speaker, Sir. On behalf of the Chairman of the Committee on Health, who is not present this afternoon, I would like to tell the House that as per the request that was made last week, and your directive, we were supposed to meet the Director of the National Environmental Management Authority (NEMA).We have made a request through the Cabinet Secretary of Environment Water and Natural Resources to make available the Director of NEMA, so that we interview him to answer that question. The process of request is ongoing and we were unable to schedule and get an answer this week. We, therefore, ask for the indulgence of the House to allow us to provide the answer next week.

Sen. Njoroge, that sounds like a reasonable request.

Mr. Speaker, Sir, next week runs from Tuesday to Thursday. So, I do not know the exact day to expect an answer from Sen. (Prof.) Lesan. Can he be specific?

Monday to Friday!

Next week actually runs from Monday to Friday.

Order Senator, you were right, from Tuesday to Thursday. Let other Senators not confuse you. We are talking of the days we have the sittings. They will respond on Thursday because they are going to have a meeting and the Committee needs to do a report. Please proceed Sen. Mugo. DISAPPEARANCE OF TWIN BABIES AT PUMWANI MATERNITY HOSPITAL

Thank you, Mr. Speaker, Sir. I also made a request to the Committee on Health on the babies who disappeared at Pumwani Maternity Hospital. I know that it has been a very protracted issue but could the Committee at least give us an idea as to when they will finish the investigations and give this House an answer.

Please respond to that Sen. (Prof) Lesan.

Regarding the issue of babies at Pumwani, the Committee has deliberated on this issue for quite a long time since it has been a complex issue and involves interviewing several people. We have made some strides on this and we still have one or two witness to interview before we complete investigations before we can 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.

Any indicative timelines?

We could give a preliminary report on Thursday next week but we have to make a comprehensive report on this because it involves a lot of investigations and requires some further investigations by arms of government on some areas which were not conclusive. We will probably table a temporary report and then later on table a comprehensive one.

Thursday next week will be okay. Sen. Kanainza.

Mr. Speaker, Sir, I had forwarded my request to seek a Statement on the Floor of the House but one week down the line it has not been put in the Order Paper.

Then this is must be the most inappropriate forum to find out the fate of that request. It has not reached here; we deal with things which have already reached here. I encourage you to go and find out from the relevant offices. Next Order.

Order, Senators. We have done some counting and I order the Division Bell to be rung for two minutes.

Hon. Members we are on Order No.8 and No.9 which are divisions. The bell has rung and it is quite obvious that we do not have numbers. Therefore, in my discretion I am proposing to step down Orders No.8 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.

Next Order.

Who was on the Floor? Sen. Muthama had seven minutes but he is not here. So, the Floor is open. Sen. Okong’o, you have the Floor. I can see a request from you, what is it about? Is it about this Bill?

I wanted to comment on a different aspect before you stepped down the other Bills.

You can do it if you still want to do it.

I will reorganize my thoughts in a while and then I can speak.

It may be too late. What was the issue?

I can debate the Bill which is on the Floor of the House.

Had you sought the Floor? Your name was on the screen and I thought you were seeking the Floor. Proceed.

Thank you, Mr. Deputy Speaker, Sir. Let me just continue. From the outset, I support the amendment to the Parliamentary Service Commission Act to create a separate entity which we will call the “Senate Service Committee”, for purposes of facilitating the effective work of the Senate. 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, from the outset I would like to congratulate Sen. Murungi for coming up with this very important Bill. I have heard the views of many of my colleagues, including the immediate speaker, Sen. Okong’o. I would like to look at this Bill from a different perspective. It is not a Bill of the Senate

the National Assembly. If you look at the way this Bill has been drafted, it is in a manner to create two Committees of the Parliamentary Service Commission, one for the National Assembly and another for the Senate. The advantage here is to create an avenue for both Houses to have an entity that they can prosecute their matters uniquely affecting the different Houses. This is important. I would also like our colleagues in the National Assembly to look at it from that perspective when they debate this Bill; that bicameralism has been created for the good of the country. The system of checks and balances that come with a bicameral legislature are very important for this country, so that if one House is unable to look at a particular issue, the other House can do so. This is particularly on matters affecting counties. It is, therefore, ingenious and rightly so, that the king of Meru thought through a process of coming up with this Bill. We can then have a committee called the “Senate Committee” that will serve under and report to the Parliamentary Service Commission. This committee is important because there have been issues of experience which must have informed what Sen. Okong’o was talking about in terms of past relations for the last two years between us and the National Assembly. The reason for this is that it is only the wearer of the shoe who knows where it pinches. There is no better person to explain the difficulties and challenges of a Senator working for a constituency called a county, than a Senator who has served for the last two years. Our experiences are very clear. For me, Senator for Elgeyo-Marakwet County, it is unfortunate that the Constitution provides in Article 96 that I have a responsibility to oversight the county and look at its interests. On the other hand, when I come to Article 127, there are no specific mechanisms that have been created by the Parliamentary Service Commission to facilitate the Senator to deal with the functions that are provided for under that Article. Personal experiences would be very useful. Senators here will tell you. When you visit your county, you are expected to traverse it. Some counties have 12 constituencies like the one for Sen. (Dr.) Khalwale. 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. Sen. Murkomen has told us – indeed, we agree with him – that the only voice of reason are the Senators that we have here. Could he then clarify why his Government, where he is a very influential man, has this afternoon refused to take advantage of the voice of reason in Sen. (Prof.) Lonyangapuo but are instead intimidating him? They have harassed him within the precincts of Parliament. Could he clarify or is he washing his hands?

Order, Senator. Do not reply to that because the Speaker, in his ruling, indicated that he will deal with the situation of Sen. (Prof.) Lonyangapuo. He said that he will give a substantive direction. I do not want us to pre-empt or trivialise that by dealing with it at this point. Am I clear, Sen. (Dr.) Khalwale?

Mr. Speaker, Sir, suffice to note that---

Order, proceed with the debate. Do not comment on Sen. (Dr.) Khalwale’s situation.

Mr. Deputy Speaker, Sir, I just wanted to point out what Senators have talked about. Sen. (Prof.) Lonyangapuo serves in the same side of Parliament with me. We enjoy similar privileges and status in the Jubilee Government. There is an opportunity that this Senate can take advantage of. Through the Committee on National Security and Foreign Relations, we can utilise the four Senators to have more time. They should be given resources to form a committee that will deal with matters of conflict and peace building. I am sure that if Sen. (Prof.) Lonyangapuo can drag and get the Senator for Baringo County, Sen. Moi, together, they can create a very strong team to look at the issue and spend time with the people. I say this because as a resident of Elgeyo-Marakwet County, particularly the Marakwet side, we had protracted conflict with our Pokot neighbours for a long time. However, when the NARC Government came to power and we elected a Member of Parliament, Hon. Jebii Kilimo, at that point and time in protest from the NARC side, she, Hon. Kamama and other MPs from West Pokot spent a lot of time building relations with the people. They conducted meetings and crossed over; the Marakwet MPs going to Pokot and the Pokot MPs going to Marakwet. Mr. Deputy Speaker, Sir, a few months ago, I went for a meeting to celebrate the peace we achieved for over 10 years. So, we have a role and ability, as leaders, to bring 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 rise to also support this Parliamentary Service (Amendment) Bill that seeks to establish a National Assembly Service Committee and Senate Service Committee that shall work under the control and direction of the Parliamentary Service Commission. Having listened to some of the contributions by my colleagues, who have been in Parliament for a long time, it is obvious that the institution of Parliament in this nation has come a long way. The Senate Minority Leader told us a story of the years gone by, where the parking yard of Parliament resembled a garage yard, because Parliamentarians really had a difficult time. It was through the efforts of stalwarts like the hon. Oloo Aringo, who mooted the idea of a Parliamentary Service Commission, that the lot of parliamentarians in this country began to improve. I wish to also hail the king of Meru, who is not here today, for coming up with this clever amendment to the Parliamentary Service Commission. This is long overdue because the Parliamentary Service Commission currently is constituted with the old dispensation in mind. The Parliamentary Service Commission existed before the Senate was brought in under the new Constitution. Therefore, this amendment should not be seen as a way of the Senate asserting itself or flexing its muscles. It is a way through which the Senate is going back to the Constitution, looking at the constitutional provisions and making the relevant amendments that will ensure that the institution of Parliament functions as envisaged in the Constitution. Mr. Deputy Speaker, Sir, laws should strive to help us to overcome some of the egos and competition that we have witnessed between the National Assembly and the Senate. I am not sure that by legislating or amending this Act we will be able to change the perception and competition that exists between these two Houses. In reality, in terms of perception, experience and expectation, the Senate is a superior House. If you go to Homa Bay County where I come from, there are eight constituencies, 40 wards and several islands that dot the county. My responsibility as a Senator is to oversight the activities of the county governments and represent that entire delegation, as opposed to Members of the National Assembly who have got much smaller units. They are important, but if you look at the bigger picture, the Senator has got a lot of expectations that stand on his shoulders. Unfortunately, the Senator has been treated similar to a Member of the National Assembly. When I go back to my county, there is pressure and expectations from my electorate that I will set up offices in all the sub-counties up to the level of wards. People expect that I am going to employ them, yet I have got a similar budget as that of the Member of the National Assembly. 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. M. Kajwang. Who is temporary two? Temporary two you have the Floor.

Mr. Deputy Speaker, Sir, thank you---

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

What is the problem, Sen. Karaba?

Sen. Karaba, I think--

Order! I had called Sen. Karaba. What is the problem from there?

Mr. Deputy Speaker, Sir, I thought I was to speak next.

Why did you think so?

Mr. Deputy Speaker, Sir, my screen was showing that I was the next.

You do not have the screen. I have it here. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I hope you have it.

By the way, the Speaker has the discretion.

Mr. Deputy Speaker, Sir, I rise to support this Bill. I will not repeat the good points that have been brought forth in support. I want to remind us to consider the role of Parliament as enshrined in the Constitution under Article 94, with specific reference to Article 94(1) and (4) bearing in mind the fact that the Senate constitutes Parliament as the “Upper” House. The role of Senate is to legislate by debating and approving Bills concerning counties. This is provided in Articles 109. If you consider that, together with specific role of the Senate as enshrined in Article 96, especially Article 96(1)(3) and (4). For the avoidance of doubt, let me just read Article 96(1) which states:- “The Senate represents the counties and serves to protect the interests of the counties and their governments.” Article 96(3) states:- “The Senate determines the allocation of national revenue among counties as provided in Article 217, and exercises oversight over national revenue allocated to the county governments.” If you have to consider those two functions and come back to this Senate, and consider the facilitation accorded individual Senators, then you will know whether we are serious with devolution or not. The Constitution states specifically that we are over sighting counties. These 47 Senators plus the 18 nominated Senators are not over sighting individual counties. We expect Sen. Musila while over sighting the functions of his county to also have an in depth analysis and understanding of the running of all the other 46 counties in this country. When he stands here to give any point in relation to over sighting counties, his pronouncements affects all the 47 counties. For him to then undertake that kind of extensive mandate, we expect him to have technocrats around him. You cannot expect Senators who have the sole responsibility of ensuring that devolution takes root, counties get adequate funding and ensuring that the funds allocated to these counties are well utilized, not to have the structures of oversight. This effort of bringing devolution, the 47 counties and of decentralizing funds to the grassroots level if not over sighted, then we are not doing anything. Mr. Deputy Speaker, Sir, without facilitation and the technical team around these Senators, you expect any Senator at any one time, to turn himself into an auditor or an accountant to interrogate books of accounts from any county brought to the committee or of his own county. They have to turn themselves from time to time to a civil engineer, an architect or an environmentalist. He has to interrogate all matters pertaining to the counties. He must be an agricultural specialist and be involved in all functions that have been devolved to the counties, including medical services, agriculture and all the major functions that are the bedrock of the economy of this country. It is only reasonable for this country to see the need to facilitate Senators. These Senators need facilitation. Not just in terms of the technocrats around them, but they need a whole array of facilitation. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Mr. Deputy Speaker, Sir, for allowing me to say something in support of this amendment Bill moved by my friend, Sen. Murungi, the “king of Meru.” This is a requirement. In fact, we should not be discussing it so much like we are suffering a lot from the problems which we have caused ourselves. This is an omission which was made during the time when the Constitution drafting was being done at Naivasha. I am sure those people who were there, would have seen that there was need to have a clear way of defining who is and who was to be a Senator. This Bill is coming at a time when the two Houses seem not to understand each other, particularly so on the roles of the Senator. These are the roles which should have been defined very well in the Constitution. But for reasons not known to us, they were not put in the Constitution. Mr. Deputy Speaker, Sir, the PSC is the key. This is the most senior Commission. It is a constitutional commission amongst nine commissions enshrined in the Constitution. We have a lot of respect for it. It takes care of everything parliamentary. In this case, let me thank my former Provincial and District Commissioner, Sen. Musila who has been very serious at that PSC. Most of the time, he has been here and he is not like other Senators who come and disappear. We have known him as somebody who can take our complaints to the PSC because he has been here. He knows, he hears and even gets to know the feelings of most Senators. He is not a stranger in this House. He knows and gets to know what we are saying. I am sure that after this; he will tell other Commissioners our feelings. The feelings of this Senate are that we all went to a battle. This is the battle that culminated into campaigns and elections were held. Those who won were elected. To the amazement of most of those who were waiting for us to lose we won. We would have contested for various seats; either as Members of County Assembly (MCAs) or Members of National Assembly. However, we decided to contest for Senate seat because some of us had already served in the National Assembly. We would have contested to become Members of National Assembly if we knew how the Senate would be treated so that we enjoy what those Members enjoy. We would also have become governors, but we did not know much of what was entailed in the governorship. We thought that since a governor compared to a Senator in America, the Senator is more powerful. Some of us went for the Senate seat because we were The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to contribute to this important Bill which I support. Let me, first of all, congratulate Sen. Murungi for bringing this Bill to the House. As we are all aware, he is a man of immense experience having been a lawyer for many years. We, therefore, respect him and support his work. Let me also acknowledge with a lot of humility, the kind comments made to me by my friend, Sen. Karaba, the Senator for Kirinyaga County. This House nominated three Senators; that is, Sen. Mugo and Sen. Leshore and I, to serve in the PSC. The three of us have served this House with a lot of distinction. Of course, we have had to fight a lot of challenges. But overall, I think that we have made a lot of progress. I am also aware that there is another Bill, the Parliamentary Service (Amendment) Bill, which is actually amending the original Bill, which has been submitted or published for the National Assembly. It is meant to amend the original Act to bring it in line with the changes that we are all talking about with regards to the bicameral Parliament. Mr. Deputy Speaker, Sir, looking through the proposed amendments, particularly the functions of the two committees, I find them to be in order as they will be further strengthening the services that the members of these two Houses need. However, with a lot of humility, I want to say as follows, first, Members have raised many issues. I think that one of the biggest problems that we have as Commissioners and as I had already told the Kamukunji this morning that having discussed with the Vice Chairperson, Sen. Mugo, is that I think as a PSC, we have lacked in passing information to the people who nominated us to those positions. I said this morning that, in future, we will be providing information as frequently as possible to our Members, because we owe it to them and they are the ones who nominated. They should also be in the know. I say this because yesterday I listened to some contributions which in a way – and I say this with a lot of humility – felt like some hon. Senators were not appreciating the work that has already been done by the PSC. Mr. Deputy Speaker, Sir, first, on the issue of facilitation, you recall that when you Chaired a RBC meeting, you were given the responsibility of forming a subcommittee to do a paper and make proposals to the PSC on ways and means of improving the facilitation that is given to the Senators. You know that we executed those recommendations to the best of our knowledge. However, we met a lot of challenges. One, the issue of salaries and allowances falls completely out of the purview of the PSC. In the past, the PSC would sit, determine the remuneration and recommend the Treasury. However, the past PSCs had the power to decide on the remunerations and allowances. Now, the Salaries and Remuneration Commission (SRC) is the sole Constitutional Commission that has been charged with that responsibility. I do not want Members to 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 want to congratulate Sen. Musila, for the wonderful contribution he has made to ensure that this House comes to its position. That is the position of being the Upper House of the Parliament of Kenya. According to my view, there has been no political goodwill towards the Senate of this Republic. This has not started now, but even in 1963, people deliberately decided to do away with the Senate. Part of those challenges and part of those ideas are still there today. That is why when every Senator stands to speak, you hear them saying that it has been completely difficult for a Senator to access his constituency. The reason I am saying there is no political goodwill, it is now two and half years down the line and this Senate is struggling through the PSC, to ensure that at least a Senator is facilitated. If we were to give any other person to determine, it would be clear that you cannot facilitate a Senator who is actually elected in more than five or six constituencies as a Member of the National Assembly who is only elected in one constituency. We also want to remain relevant as the Senators of this first Senate. We cannot allow all these challenges to bring us down. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante, Bi. Spika wa Muda, kwa kunipa nafasi hii niunge mkono Mswada huu ambao ni muhimu sana. Ninawashukuru Maseneta wote waliochangia katika Mswada huu. Kwa hakika, kama umewasikia pamoja na wewe uliyekaa hapo kwa kiti, wamezungumza kinagaubaga. Aliye na masikio, asikie kwa sababu wakati mwingine kuna mtu ana masikio lakini hasikii. Unamwambia lakini hasikii! Ana macho lakini haoni! Kwa maoni yangu, Mswada huu, ingawa nauunga mkono, ni dawa ambayo haitibu homa, bali inapunguza makali tu. Lazima uende umeze Quinine . Mswada huu unaunda Kamati mbili ambazo zitakuwa Kamati ya Bunge la Kitaifa, na nyingine 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, Madam Temporary Speaker.

Order, Senator! You need to log in an intervention then I will see and give you permission to speak. However, I will excuse you for that. What is your point of order? Hold the time for Sen. Boy Juma Boy.

Madam Temporary Speaker, my point of order is that the same people being referred to by my friend, Senator, told us that enough was enough because the principal had already read the Constitution. There was no need of reading it further and it was passed. Why should we go back again to what he is saying?

Bi. Spika wa Muda, namshukuru Sen. Karaba sana. Kwa kweli yeye ni mwalimu. Hata hivyo hapa hatusomeshani mambo ya Katiba bali tunaelezana hali ilivyo. Hata kama Katiba ilipitishwa, ina matatizo. Matatizo hayatatoweka kwa kuwa Katiba ilipitishwa. Huo ni ukweli lakini matatizo yapo. Huu ndio ukweli wa mambo. Kwa hayo machache, naunga mkono huu Mswada.

Thank you, Madam Temporary Speaker for this opportunity. First of all, I thank Sen. Murungi for coming up with this Bill, which I fully support as it seeks to establish structures and streamline certain things with the purpose of improving on the functionality of the Senate. The Bill seeks to address the needs of the Senate and the National Assembly. Madam Temporary Speaker, we all know that the Senate is new. The Constitution has a lot of weaknesses which previous speakers have highlighted. As we know, it is now two years since we have been in this Senate. We are faced with very many challenges that we have not addressed. This Bill seeks to get structures to address the challenges. The Senate represents, protects and oversights the counties. However, if you were to ask every Senator here whether he or she has been able to perform the functions that are in the Constitution, almost unanimously, they would say that they have not done so for the simple reason that they have not been enabled. This is not because we are unable or incompetent to do it. This Senate is constituted of people of great minds and ability with varied experience from all fields. We have all types of experts here. However, they have not been able to function as protectors of counties. Madam Temporary Speaker, the issue of perception is very important. As a protector of a county, you must be seen. As the overseer, that means that you oversight. 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.

As earlier directed by the Speaker and as provided for by the Standing Order No.33, I now call upon Sen.(Prof.) Anyang'- Nyong'o to move his Motion.

Madam Temporary Speaker, I beg to move that the House do now adjourn to discuss a matter of national importance in this House regarding the matter of Kenya Airways which is currently in crisis. Over the last couple of months, Kenyan newspapers have run with headlines focusing on the Kenya Airways.

, for example, on 2nd May, 2015 had the headlines saying “Cash short Kenya Airways seeks rich partners to lease Dreamliners’. On the 27th March, 2015, edition of the same paper, there was a headline saying “Broke Kenya Airways borrowing to pay salaries” on 19th March, 2015 another headline in our paper saying “Tanzania reduces Kenya Airways flights with Dar” those flights were reduced from 47 to 14. The financial crisis in Kenya Airways has been estimated that at the moment our flag carrier is Kshs18 billion in the red. During the first financial year, Kenya Airways made a loss of Kshs10 billion. It is estimated that unless something is done very quickly, the airline will come to a standstill or ground to a halt in a matter of one month. Madam Temporary Speaker, you remember during the Seventh Parliament in 1995/1996 Financial Year, after an International Finance Corporation (IFC) recommended the privatization of Kenya Airways, on condition that the Kenyan Government could write off a debt of Kshs6 billion. We in the then Parliament, including Sen. Boy Juma Boy, Sen. Orengo and many others, agreed that the people of Kenya should bear the burden of swallowing the Kshs6 billion debt to Kenya Airways in the re- structuring process, so that it could be privatized and it went into partnership with KLM under the Chairmanship of hon. Isack Amollo Okello; the former Minister for Communication from 1996 onwards. With the capable board, Kenya Airways made profits and became a leading airline not only in Africa, but in the world. Towards the end of the captainship of Mr. Titus Naikuni, who was the Chief Executive Officer (CEO), the airline has started to have a nosedive, particularly because of some of the investment initiatives that he took which were extremely ill-informed and because of the rent-seeking capacity of the management and other private individuals who are now bet on sinking the airline. For example, over the last couple of months, there have been frequent delays of Kenya Airways flights taking off in many places, Dar es Salaam, Mumbai, Amsterdam, Accra, Entebbe, London, Kisumu, Nairobi and Mombasa. One of the most devastating thing is that whenever Kenya Airways cancels a flight, the airline bears the cost of that cancellation. For example, when it cancelled a flight in Amsterdam, not too long ago, flight KQ 116, it cost Kenya Airways, Kshs47 million in terms of keeping passengers in hotels, paying for their accommodation, paying 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 want to take advantage of the provisions of Standing Order No.33(4); because of the importance of this Motion and the fact that we want that background you are giving, to add you an extra five minutes. You now have eight minutes.

Madam Temporary Speaker, I am very grateful because I think there is a lot of information that I need to give to the House. The BusinessWeekly of Saturday 2nd May, 2015, which had the title “Cash Short Kenya Seeks Rich Partner to Lease Dreamliners.” In that report in the Business Weekly, which was published by the Nation Group of newspapers, it said that Kenya Airways had originally The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Madam Temporary Speaker. I stand here to support this Motion. I would like to support it considering the experience I have on such issues and, at the same time, as a businessman. I would like to inform Sen. Anyang’-Nyong’o that what he is seeing now as Kenya Airways is just the face. The inside of Kenya Airways is dead and awaiting to be thrown into the dustbin. When Mr. Naikuni took over as the Chief Executive (CEO) of Kenya Airways that is when members of the public were asked to purchase shares from a company which was loaded with loans and had no capital whatsoever. A plan was laid down to source money from two areas; one from the Government and two, from Members of the public. There are those who pretended to be purchasing high stakes in Kenya Airways. However, they were just fronting their faces to access Government funds which had been invested there. After Naikuni completed his business, he left. Nobody knows why he gave a notice to leave, but this is because there was absolutely nothing left. This is how money was stolen. You cannot revive this. Kenya Airways will be the first to be secured with funds whose source is still not known. Look at how many times the Italian Airlines has been rescued by the Government. Look at how many times Lufthansa Airlines has been rescued by the German Government. There is no way that Kenya Airways can stand at any given time. All the aircraft that were recently purchased were bought through loans. The big airline we have in this country will turn out to be a big problem to Kenyans. Not a single aircraft has been fully paid for. There is no single airline apart from the Emirates that can 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.

Madam Temporary Speaker, thank you very much for giving me this chance to contribute to this debate. I read what was distributed by Sen. Anyang’- Nyong’o which was very sad considering that we are talking about an airline which is the pride of Africa. This is an airline which has taken us to great destinations. However, of late, we have noted that Kenya Airways has lost direction. That is true. I have been to many places where I am made to delay. I know what this means in terms of expense. If all that money is to be paid by the Kenya Airways, that is very sad. Going by what we have seen, especially when the late Phillip Ndegwa was the Chairman of the Kenya Airways, he teamed up with the Koninklijke LuchtvaartMaatschappij (KLM) or the Royal Dutch Airline. From that time, the KLM has been reaping at the expense of Kenya Airways with flimsy excuses that the Kenya Airways cannot fly into some areas where the KLM can fly. I really wonder what kind of corporation this is. Kenya Airways can only get you to London and back. The KLM takes you from there to wherever else you need to go; whether New York or anywhere else outside London. It seems as if the Kenya Airways has been restricted from flying into those areas for reasons we do not know. However, the reason seems to have been revealed in this discussion. Some of our engineers and very good pilots have terminated their jobs. The envy we experience from other airlines should not go unnoticed. This is true, particularly in business. Most of the airlines try to succeed in the airspace where Kenya Airways has failed. If you compare Kenya Airways with others, particularly the Emirates, you will almost be comparing heaven and earth. There is no way you can compare Kenya Airways with the Emirates because they are way too apart. We should be wondering what will happen when Kenya Airways comes to a halt when we seem to have been the top in the air? This is embarrassing and sabotage to our economy. This is very bad. I, therefore, suggest that we move in to deal with the problems which are at the airport. We should also resolve the problems affecting our airline and the management of our airline system, including our security and everything else that affects our airport because it leaves a lot to be desired. 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, Madam Temporary Speaker. This is a matter of grave public concern and I share with Sen. (Prof.) Anyang’-Nyong’o that we must escalate this matter from this Motion for Adjournment and ensure that we bring it as a substantive Motion, so that we can follow on the paces of investigations and possibly make recommendations. If we do not do this, I think that what will happen is that the institution will collapse and we will have to bail it out as usual. We know that a few people are ripping this country apart using the kinds of corrupt and covert undertakings that they have had with Kenya Airways. Madam Temporary Speaker, I am a regular user of Kenya Airways. I am actually what they call, platinum elite, in terms of my flight. I use the flight between Nairobi and Mombasa every week. I can tell you that it is sometimes a great frustration because of the arbitrary cancellations and delays. I, therefore, think that it is important, as Sen. (Prof.) Anyang’-Nyong’o, the Mover of the Motion had indicated, that were there are delays; there must be consequences even if it is a local flight. What essence does it serve for you to be delayed for one hour and 20 minutes for a 40 minutes flight? Therefore, somebody must take responsibility. This is reflected throughout the hierarchy of the Kenya Airways even in terms of the inefficiency upon arrival in Nairobi or any other Airport. There is always some laxity and this is because the employees there are quite conscious that there shall be no particular consequences in the event that they act in a manner that does not demonstrate sufficient customer satisfaction. Madam Temporary Speaker, we need to investigate largely the leasing of the Embraers which I am told is the major burden to Kenya Airways. It is rumored that people in high places have held the airline hostage. It is, therefore, important this investigation be swift, robust and salvages this airline before total collapse. It is a red 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, Madam Temporary Speaker. I also wish to contribute to this Motion by Sen. (Prof.) Anyang’-Nyong’o. I commend him for bringing this Motion because this is not the first time that he warns the nation or institutions of the consequences that are ahead. The warnings sometimes come as anticipatory and we might not believe them. However, there are some that are of serious consequences like this one which he has brought today. Madam Temporary Speaker, I recently read a book entitled “Why Nations Fail”. It explained that in many instances, before nations fail the structures of its institutions, start to decay, fracture and fall apart. That is really the beginning of failure of any institution, be it a business one, nation or Government. It is very worrisome to see the “Pride of Africa”, the only airline that we have always known to be at par with any others 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.

Madam Temporary Speaker, thank you for giving me an opportunity to air my views on this. It is a tragedy for this country that we can see such an institution going down and yet Kenyans have invested heavily in terms of shares. It is important that we inform Kenyans that Kenya Airways has collapsed or is at the brink of collapse. We need answers about who owns the companies which procured most of the airlines. For example, who owns Twiga, Amboseli and Samburu? Kenyans have been deluded to think that the high flying airline is on its way to recovery, but it is just a shell of itself. The way the Embraer planes were procured, you will be surprised. Kenya Airways has been using government departments so that it can remain afloat. It is a shame that the once very reputable airline is on its knees. That is why even the other day those employed could not even identify long serving members of this country when Sen. Wetangula was humiliated at the airport. That means they have employed mediocre employees for a cheaper price. Madam Temporary Speaker, the Dreamliners are no longer afloat because of maintenance costs. Recently, a Kenya Airways airliner was grounded in China because they could not pay. They have sold some airlines to offset debts. It is a shame. Three 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.

Madam Temporary Speaker, I wish to support the Motion of Adjournment and associate myself with the sentiments expressed by previous speakers, the Mover, that is, the esteemed professor and Senator for Kisumu County. Not too long ago, Air Malawi collapsed due to debts. Currently, it is under the hammer. It is becoming increasingly likely that Kenya Airways could go the same direction – God forbid. I do not have the privilege of understanding the internal workings of Kenya Airways. However, in my professional experience, I know how businesses and corporates are run. My reading of the problems with Kenya Airways boils down to three things: Poor strategy, corruption and poor governance. Kenya Airways has issued a profit warning which means that it expects to write a loss similar or greater than the loss it wrote last years. We are likely going into a loss greater than Kshs4 billion this year. Madam Temporary Speaker, immediately after the exit of the former CEO,

which was the much touted project to turn around Kenya Airways has been dismissed. Nine Dreamliners that were ordered, only three have been delivered and now they are going to leaseback arrangements for the remaining Dreamliners. They have hired a consultant to help them in debt restructuring immediately after Naikuni left. It might be important for this House to find out what is it about the former CEO that makes the key strategic decisions that he made to be reversed immediately after his exit. Kenya Airways is borrowing to pay staff salaries. We have been told that they have not been able to remit loan deductions for their employees. This means that the employees are being blacklisted in credit reference bureaus for an offense not of their own making. Kenya Airways must revisit its strategy and come up with a strategy that will stop it from nose-diving. Regarding corruption, we have seen articles, allegations and accusations which need to be established. I want to support the call for a focus team to sit down and investigate allegations of corruption at Kenya Airways. Are we still having state officers who are service providers to Kenya Airways? Are some of these plans owned by the most powerful families in this country? They are not too many so it is not difficult to guess. Despite privatization status, is it true that the government mandarins are still pulling the strings and influencing decisions at Kenya Airways? Madam Temporary Speaker, allow me to address poor governance and this goes straight to the heart of the Jubilee Government. Insecurity is at unprecedented levels. The tourism industry is dead. We have a lot of sympathy for the coastal communities that rely on tourism. Kenya Airways does a lot of its business hauling in passengers in the country. So, when you kill tourism because you are not serious about security in the country, you are directly killing Kenya Airways. The agricultural sector which also provides freight 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, it is now 6.30 p.m. and it is time to adjourn the Senate. The Senate, therefore, stands adjourned until Tuesday 12th 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.