Order, Senators! We have agreed with the Senator that the Petition will come on Thursday this week. Next Order!

Mr. Speaker, Sir, I beg to lay the following Paper on the Table, today, Tuesday, 12th May, 2015:- Report of the Standing Committee on Lands and Natural Resources on the Mining Bill, 2014.

Order, Senators. Because of the three Bills with a constitutional deadline of 27th May, 2015 – and of course, we need to conclude them much earlier before going back to the other House – I propose that we only take two Statements; (a) and (c). We must conclude that business by 3.00 p.m. and then take 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.

Regarding the first Statement, of course, the Senator is not here. Sen. Halima, do you have a request?

Yes, Mr. Speaker, Sir.

Why do we not take the request first then? STATUS OF CHILD ADOPTION IN KENYA

Mr. Speaker, Sir, I rise under Standing Order 45 (2) (b) to request for a Statement from the Chairperson of the Standing Committee on Labour and Social Welfare regarding child adoption in Kenya. In the Statement, the Chairperson should:- (1) State how many adoption agencies are registered to operate in Kenya. (2) Explain how long it takes on average for a single adoption to be conclusively processed. (3) Provide adoption statistics in the country for the last three years. (4) Indicate on average how many adoptions are processed on a daily basis. 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 the Chairperson of the Committee not here? Is there any Member of the Committee on Labour and Social Welfare?

Order! Chair, you are directed to answer the question in the request for the Statement in two weeks’ time. You can get the details from the Senator. CONTINUED CLOSURE OF GARISSA TTC

Mr. Speaker, Sir, I requested a Statement regarding the predicament of students of Garissa Teachers Training College in Garissa. The Speaker directed that the Statement be given today.

Chairperson, Committee on Education.

Mr. Speaker, Sir, I wish to report that the Cabinet Secretary is having a meeting with stakeholders about the same---

Order, Chair! First, you need to apologize for coming late.

I apologize, Mr. Speaker, Sir. But I am from a very crucial undertaking.

Mr. Speaker, Sir, while we appreciate that the Chairman has tendered his apology for coming late, I really did not understand what he said in respect to the specific assignment that he had this afternoon.

Mr. Speaker, Sir, I said that the Cabinet Secretary is right now holding a meeting on the same subject. He assured me that as soon as he is ready with the Statement, it will be tabled here this week.

Mr. Speaker, Sir, you will recall that last week, in fact, under your direction, you did stress the urgency of this particular matter. Although I remember that the Chairman has argued for a longer period, you did direct that, taking into consideration that these students are at home, this answer be given today. Is he in order to give the impression that the Cabinet Secretary is at liberty to choose the moment when he answers questions raised in this House?

Chairman, Committee on Education.

Mr. Speaker, Sir

What is it, Sen. Wetangula?

On point of order, Mr. Speaker, Sir. On a procedural issue, when Statements are sought in this House, it is the Office of the Clerk that administratively must process and seek responses from the Executive. On what basis, other than exuberance and enthusiasm, that has no help to this House, would the Chairman walk to the CS’s Office? This is demeaning the status and standing of the Senate. The Chairman of a Committee in this House is a very important person in terms of pecking order and in terms of standing. Why would he walk to the CS’s Office to solicit for a Statement to bring to the House?

Mr. Speaker, Sir, it was important to meet the CS to tell him how serious it is so that I can table it according to the Speaker’s order. It was supposed to be today and therefore I had to prove to him that I am a serious person by going there. He saw that I am a very serious Chairman. That is why I was late.

Order, hon. Members. They are both right in this case. First, I want to confirm for a fact that a Chair or a Senator of this House is a very important person. The obligation of a Chair is really to help other certain entities. The minimum they can do is to furnish you with the requisite information in good time so that you do not have to walk there. That point must be made clear to all and sundry.

Thank you. Most obliged.

Therefore, we expect the Statement on Thursday. I hope you have impressed upon the CS that we are talking about schools and colleges that have already opened where some of the students cannot manage to continue with their studies. That is the most important issue. I am sure he is not creating the impression that he runs the Ministry by consulting on each and every issue, including the school calendar. FORTHCOMING STATE VISIT BY THE PRESIDENT OF THE UNITED STATES, MR. BARACK OBAMA

Mr. Speaker, Sir, I notice that the Leader of Majority is in the House. I raised a Statement last week directed to him in respect of the forthcoming visit by President Barack Obama. However, there was no confirmation as to when the answer would be brought because he was not around. Could he tell us if he received the information and when he is going to bring the respective answer?

Order, Sen. (Dr) Khalwale. That is another matter for the Leader of Majority. To conclude on the one for Education, the Chair has given us the Thursday of this week. ( Sen. Karaba stood in his place ) You do not need to respond. I am just amplifying what you had already registered.

Mr. Speaker, Sir, I am aware that Sen. (Dr.) Khalwale addressed an issue about the former Senator who is also President Barack Obama on his proposed visit. I thank Sen. Karaba for taking the question on my behalf. That visit is in the process of finalization. Whereas Sen. Karaba undertook, the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. There was a Statement that I sought from the Committee of Legal Affairs and Human Rights regarding the pronounced intention, in fact process, of the Executive purporting to open polling centres in certain choice cities in the United States of America (USA). That Statement is due today.

Chairperson, Legal Affairs and Human Rights Committee?

Mr. Speaker, Sir, I indicated that we needed two weeks to respond to the Statement sought by the Minority Leader. Unfortunately, our Clerk has requested for the same Statement from the Attorney- General’s (AG) Office but the AG is yet to respond. Based on the point of order that the Minority Leader raised, I am not willing to indicate a lot of things I have engaged myself in, lest I suffer the same consequences as Sen. Karaba. I have tried something and we should have a response in the next one week. There are efforts that we have made but we cannot reveal some of them since he stood on a point of order. We will give progress of the same in the next one week.

On a point of order, Mr. Speaker, Sir. If you have heard what the Senator for Nandi is saying, a clear announcement needs to come from the Chair to various institutions in this country because the Government seems to frustrate our attempts to access information domiciled in various institutions. He is not the only one. You remember that I also wanted to be given information in the possession of the Parliamentary Service Commission (PSC). I am again frustrated that I am yet to be given that information. You need to remind them that it is our constitutional right as citizens to have access to information that is held by the State and its organs.

I suppose you have already done such a reminder by your Statement.

Mr. Speaker, Sir, Sen. Sang has mentioned to me what he has said. We do not raise questions and seek Statement for the fun of it. When the respondents tell us that they will bring the Statements in two weeks, we take it as true and wait patiently until after the two weeks when we start to request that our Statements be delivered. This is a very important Statement we are seeking; we are trying to prevent the pre-rigging of the next election. We want to get very clear assurance. Could the Vice Chair tell us exactly when he will bring the Statement to the House, his failed efforts notwithstanding?

Mr. Speaker, Sir, I share in the frustration of the Senate Minority Leader. Some of us in this House on several occasions have also requested for Statements and they sometimes take quite a long time. As chairpersons of the various committees, 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 request it to be on Tuesday the week after.

That is okay.

On a point of order, Mr. Speaker, Sir. I do not know whether you noticed my party leader giving himself permission and interacting with the Senator who is holding brief as a Vice Chair. I do not know whether you noticed and whether it was in order for him to go on to the microphone and interact without your permission. Did you notice that?

I noticed that, and I am particularly pleased that you also noticed.

He requested but was too impatient; but given that he was bringing the issue to a closure, I think the Chair appreciated that more than the transgression. The Chairman for the Committee on National Security and Foreign Relations, you are supposed to issue Statement 2 (b). ABORTED VISIT TO THE USA BY PRESIDENT UHURU KENYATTA

On a point of order, Mr. Speaker, Sir. Yesterday, the Cabinet Secretary (CS) for Defence called me to say that they are trying to write a joint Statement with the Ministry of Foreign Affairs and International Trade. She communicated with me today at around 1.30 p.m, to say that they should be given more time so that they can bring the Statement. I request that it be deferred to Thursday this week.

Mr. Speaker, Sir, I sympathize with my Committee Chairman. The Executive, in particular the Permanent Secretary (PS) for Foreign Affairs and International Trade has been dishing out Statements that would fit into the Statement being sought by the distinguished Senator for Nyandarua through the media. Why would the Executive find it easier to address the Press than to bring information to the distinguished Senate of the Republic of Kenya, on a matter that is so important affecting the security of the Head of State of this country? First, they said that Yemen is at war and so they could not fly through it. Then, they said Eritrea stopped them from flying through. Finally, they said that Ethiopia said that they cannot fly. When they keep on sending these wrong and mixed signals, it raises anxiety in the country for no reason. We need a very strong direction from the Chair on a 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 want to confirm because I did not hear the last words of the Chair as to whether or not he committed to bring the Statement on Thursday. I will be happy to wait for Thursday.

Mr. Speaker, Sir, sometimes I get surprised in this House. The Chairman who has spoken has given his frustration in this House, even quoting some powerful woman withholding information. Are we going to be taken for a ride? We need directions because we can summon the entire team to tell them that we need information.

Order, Senator! Today, the Chair of the Committee on National Security and Foreign Relations did not talk of any woman; he talked of the Permanent Secretary who has been in constant communication with him.

Mr. Speaker, Sir, I am saying the same Chair has shown in the past a lot of frustrations in procuring Statements for this House. So, it is not the first time and it is on record. This continuous stalemate makes this House look like we are a House in futility which we are not.

If there is anybody who will look bad, it is not this House. This House is definitely delivering, Members seek Statements, dates are given and the Chairs report, so somebody else is sleeping on the job and not the House. That is where you should zero in your frustrations. Proceed, Chair.

Mr. Speaker, Sir, on a point of correction. It is not the Permanent Secretary, it is the Cabinet Secretary, Madam Omamo, who has been communicating with me. I find it quite reasonable to give them up to Thursday. If they do not comply, then we will address the issue but with regard to the question of frustration, I think every Chairman is frustrated. For example, I have been speaking to you that we are going to address some of these issues.

Order, hon. Members. I do not think every issue should translate into a frustration because when there is communication and some of the reasons have been given that there are more Ministries involved; that they are gathering information---. Definitely, you would not want to be given information that you might find not acceptable. That delay may be accepted but when we have three Statements and no Statement is coming, then there is definite concern. This House expects Government officers to be ready with information, they do not need to wait for Members to ask. I concur with what Sen. Wetangula had suggested, that they find it easier to communicate through the media and not the proper institution of accountability. Let us proceed. What is it, Sen. Karaba? Proceed, before Sen. Sang speaks.

Mr. Speaker, Sir, at times, we are not to blame.

Order, Senator! I have given you a lifeline from the Chair; you do not want to go through that again.

Okay, Mr. Speaker, Sir. 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 sought a Statement on the issue of county staff pensions management from the Chairperson of the Committee on Labour and Social Welfare. This Statement is long overdue; it was due two months ago and he has not responded. Could I get an indication as to when he is going to respond to this?

Mr. Speaker, Sir, I need a week to be in a position to respond. I thought I had already done that but it is unfortunate that among the questions that I have answered, his is part of it. I should be in a position to respond in one week’s time.

It is so ordered. The Statement shall be issued in one week’s time. Proceed, Sen. Sijeny. Next order!

What is it Sen. Musila? STATUS OF CASH TRANSFER PROGRAMMES

Mr. Speaker, Sir, I requested for a statement quite some time ago. My issue concerns the matter of the status of the Cash Transfer Programme, and the Chairperson gave a Statement last Tuesday. You ordered that the Statement be interrogated today but it does not appear on the Order Paper. May you designate a date; is it tomorrow or Thursday? I prefer that this matter be dealt with tomorrow.

How about next week, because of the Bills which are subject to a constitutional deadline? I direct that this matter appears on the Order Paper on Tuesday next week. Next Order!

Order, Senators. Do we have the requisite number of delegations? 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. The results are as follows:

Order, hon. Senators. I want you to follow me very clearly. You will recall when we were at the Committee Stage, there were very many clauses. It is possible that there is one that you do not agree with. We will vote for all of them at ago. If we were to vote for each and every clause, we would vote for two to three days. However, we will combine clauses without amendments and clauses with amendments, new clauses, the title and clause 1. I will request you to be very alert. If you have a problem with a particular item that we will be voting for, you should raise it. Secondly, we need to move fast. If you want us to finish fast, then you have to be attentive so that we vote. I will start with clauses without amendments. You will vote for one minute. Since we are having roll call voting, we will need two tellers. Before we start the voting, is there anyone who has an issue with any Clause among the ones that have no amendment? I suggest that we make one vote using the Electronic Voting system for the clauses without amendments. When we come to the Clauses with amendments, we will use the Roll Call system. Senators, you have one minute to vote as the system is ready.

The microphones are now working. 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. Gwendo

Sen. Sijeny

The results of the division are as follows:

Hon. Senators, we will now move on to the next Division, which I presume concerns clauses with amendments. I am assuming that there is no one who has an objection on one or two clauses, so we will take that vote electronically. 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. Kivuti, Sen. Sang and Sen. Kembi-Gitura. You are supposed to silently sit down.

Sen. Gwendo

Sen. Sijeny

The results of the Division are as follows:-

Sen. Gwendo

Sen. Sijeny

Hon. Senators, the results of the Division are as follows:-

Sen. Gwendo

Sen. Sijeny

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, remember when we go back to the Plenary, we will have the final vote on the Bill. So, do not leave.

Mr. Temporary Chairman, Sir, I beg to move the Committee do report to the Senate its consideration of the Public Fundraising Appeals Bill(Senate Bill No. 28 of 2014) and its approval thereof with amendments.

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

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered the Public Fundraising Appeals Bill (Senate Bill No. 28 of 2014) and approved the same with amendments.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said Report.

(Sen. Wetangula) seconded.

Mr. Temporary Speaker, Sir, I beg to move that The Public Fundraising Appeals Bill (Senate Bill No. 28 of 2014) be now read a Third Time.

(Sen. Wetangula) seconded.

Mr. Temporary Speaker, Sir, I would like, at this tail end of the process, to appreciate the industry of Sen. (Prof.) Anyang'-Nyong'o. I would like to throw the ball right at the door step of the President; he is yet to sign even one of the many Bills that have gone through the Third Reading in this House, apart from the Division of Revenue Bill and the County Allocation of Revenue Bill. I hope he signs this Bill into law and remembers to sign the others which we have passed.

(Sen. (Dr.) Machage): Order. The Constitution is very clear on the timelines. If he does not sign, the Bills will automatically take their course. So, that should be none of your concern. 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. Gwendo.

Sen. Sijeny.

(Sen. (Dr.) Machage): Order, Sen. Karaba! Let me read Standing Order No. 80(4). It says:- “During division, Senators shall maintain order in the Senate and shall be in their designated seats and shall remain seated until the result is announced.”

Very well. Order! I now want to announce the results of the Division:-

(Sen. (Dr.) Machage): Can you open the doors and withdraw the Bars.

Order, Sen. Karaba! Let us continue.

Next order!

(Sen. (Dr.) Machage): Proceed, Senate Majority Leader.

(Sen. (Prof.) Kindiki: Mr. Speaker, Sir, I beg to move that the Public Audit Bill (National Assembly Bill No. 38 of 2014) be read a second time. This is one of the three Bills that are required by the Constitution of Kenya to be enacted by both Houses of Parliament, latest 27th May, 2015, after an extension of an earlier deadline was given sometime last year. This Bill is very important. It touches on public finances and how those finances are audited for purposes of ensuring that there is accountability and effective use of the money that tax payers generate in this country. It is meant to replace the Public Audit Act of 2003. Allow me at the outset, first and foremost, to decry the late arrival of this Bill to this House. This Bill could not have come here earlier for the reason that it had to originate from the National Assembly and it is only now that this Bill is before us, having arrived two weeks ago. Senators may recall that some two to three months ago, there was some purported chiding of this House by the Speaker of the National Assembly where he was reported to have said that the Senate has refused to enact a number of Bills including this one. I want to assume that--- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): What is it, Sen. Mutula Kilonzo Jnr.? Please give Sen. Mutula Kilonzo Jnr. the microphone.

.: On a point of order, Mr. Temporary Speaker, Sir. I need your direction. The Committee on Finance, Commerce and Budget is conducting a public hearing tomorrow morning on this Bill. I was just wondering whether we are in order to proceed to the Second Reading before we get the views and before the Committee gives its report. You should give us direction because the public is watching our debate.

(Sen. (Dr.) Machage): After consultations with the clerks, this is my ruling on the point of order sought by Sen. Mutula Kilonzo Jnr. There is really nothing wrong because the Senate Majority Leader only discussed the principles. The public hearing will still continue tomorrow. This would not be right if the Bill was at the Third Stage. If it were at that level, he would have been completely out of order.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I was decrying the late arrival of this Bill before this House and the misrepresentation that was out there that this Bill has been delayed by this House. We want to make it clear, for the record, that it is not true that this Bill has been here. The Bill has just arrived. This is the kind of pressure that we can avoid. We want to implore, going forward, that our partners in the legislative process will do their work early and be truthful. The information that was out there that this House had delayed in making progress on this Bill was distorted. For the record, this Bill has just arrived now. As I have said, this Bill generally replaces the Public Audit Bill, 2003. It is required by the Constitution that five years after 2010, there would be a new legislation regarding public audit. The long title of the Bill, since I do not intend to go to every other clause, describes this as an Act of Parliament to provide for the functions and powers of the Office of the Auditor-General in accordance with the Constitution and connected purposes. As I have said, this is an important Bill because it is about the audit of public money. The guiding principles and values that will henceforth govern the auditing of public finances are the national values found in Article 10 of the Constitution, the principle of equality; non-discrimination as provided for in Article 27 of the Constitution, provisions on responsible leadership in Article 73 of the Constitution; principles on Leadership and Integrity in Article 75 of the Constitution; principles of public finance in Article 201 of the Constitution and the principles and values of public service in Article 232 of the Constitution. This Bill principally establishes the Office of the Auditor-General of the Republic of Kenya. In Section 3, the Office is established as a body corporate with its own legal The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Before Sen. Wetangula takes the microphone, we are having a challenge with the record system. I am unable to communicate with you from where you are sitting. So, re-log your cards. It will take 30 seconds.

Thank you, Mr. Temporary Speaker, Sir, for an opportunity to second this Bill. This is one of the critical Bills that are a consequence of the passage and promulgation of the Kenyan Constitution, 2010. Mr. Temporary Speaker, Sir, it is unfortunate that this Bill comes to this House when we are on the brink of the constitutional deadline. The impression given out there is that the Senate has not worked hard enough to comply with the constitutional 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. The Senate Minority Leader is making very useful contribution. However, is it in order for him 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. (Dr.) Machage): I would like to remind the Senate Minority Leader that according to Standing Order No.90 and Standing Order No.91, he has been challenged by a Member. Sen. Wetangula, could you go ahead and reply to the challenge?

Mr. Temporary Speaker, Sir, the distinguished Senator for Meru County is my learned colleague and senior. He knows that there is a doctrine called res ipsa loquitur which means, “Things speak for themselves.” When a person turns up in a harambee and places Kshs5 million cash and another one places Kshs2 million cash on a table, respectively, and there is no way they can explain or account for the money and yet one of them is being embroiled in all manner of scandalous and corrupt transactions, then the conclusion is very clear.

(Sen. (Dr.) Machage): Order, Sen. Wetangula! I have to maintain the dignity of this House. Unfortunately, this House does not have the doctrine mentioned by the Senate Minority Leader. The issue at hand is very simple; you either withdraw or substantiate. I would be very happy if you moved on. If your latter statement is part of substantiation, let me know so that I give you the latitude.

Mr. Temporary Speaker, Sir, I believe that substantiated to the satisfaction of the distinguished Senator who raised the issue; by pointing out that, indeed, when people run around every weekend obscenely displaying wealth that they cannot account for, it is a prima facie case of corruption. But let that not---

On a point of order, Mr. Temporary Speaker, Sir. When someone that talks about a donation in a harambee, because it is Kshs5 million, yet he, himself, donated Kshs200,000, does he mean that the Kshs5 million could be stolen, but the Kshs200,000 that he gave could not be stolen? Could he substantiate? I was in a fundraising where the Senate Minority Leader donated Kshs200,000. At what limit does one begin to imagine that this amount is from corruption and the other is not? Is it corruption because of the amount you give or is giving an issue of the heart?

(Sen. (Dr.) Machage): Order, Sen. Murkomen! The subject in the House is very straightforward; an allegation. Do not dilute the issue because that is what you are attempting to do.

Mr. Temporary Speaker, Sir, I apologize, but I just wanted to indicate that considering that the Senate Minority Leader is a man of immense wealth, from his past stint in the Government, which we do not want to go into now, at what level can we say that someone is corrupt if they are holding onto their money?

(Sen. (Dr.) Machage): Sen. Murkomen, you have introduced a new subject, again, by imputing improper motive on a Member of this House. Could you substantiate?

Mr. Temporary Speaker, Sir, the Senate Minority Leader is a man of means as a practising advocate of many years, but particularly as a Minister for The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Order, Sen. Murkomen! This House does not rely on newspaper reports. I repeat that you should not dilute the subject of the matter before the House. Sen. Wetangula, you do not have to reply to that. Could you substantiate the allegation on the President and his deputy?

Mr. Temporary Speaker, Sir, I will not reduce myself to cheap indignities that are being brought to the Floor of this House.

(Sen. (Dr.) Machage): Order, Sen. Wetangula! Members of this House do not talk cheap or in an undignified manner. These are Senators.

Mr. Temporary Speaker, Sir, you have already said it was not worth my response, which means that it was cheap and undignified.

(Sen. (Dr.) Machage): Order! You do not have to repeat what I said.

Mr. Temporary Speaker, Sir, the two young men who have run in always hold brief for some people that we know. So, we understand---

On a point of order, Mr. Temporary Speaker, Sir. I did not come here running. I am a Senator, representing a county. Is the Senate Minority Leader really in order to refer to us as “these young men?” We are Senators in this House. We have come here to listen to you.

You are my distinguished, well learned junior and I respect you. You brought here the Bill that we are fighting over with the Governors and we supported you. But I want to---

(Sen. (Dr.) Machage): Order! Could we go back to the matter at hand?

Mr. Temporary Speaker, Sir, I want to say here and now that we have just passed a Bill this afternoon, controlling and limiting harambees because they have fueled corruption in this country. We know it, unless the Chair lives outside this country. If you live in this country and you are rational, like I know you are; you have an ability and duty to question when somebody turns up in a harambee and contributes Kshs5 million cash and another one contributes Kshs2 million in cash, then the conclusion is clear. On the heels of that, the President himself has confessed in this Parliament that this country is chocking with corruption and under a weight that it cannot carry from corruption. He even brought a list to this House and said that no stone will be left unturned. We know that some stones are too heavy to turn and, at some point, we shall turn them. Mr. Temporary Speaker, Sir, allow me to proceed on 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.

(Sen. (Dr.) Machage): Order, Sen. Wetangula! The Bill on fundraising in this House is not yet law. It has not been assented to by the President. I do not want whoever is listening to you to think that, that Bill is already law. Secondly, we do not also want somebody to think that production of Kshs5 million and/or Kshs2 million in a fundraising is equal to corruption. That is what I do not want to be carried in today’s deliberations. You have already made your point. The best thing that you can do is to just withdraw and apologize.

Mr. Temporary Speaker, Sir, before I reached that bridge, I sat down and counted. In one month, one senior leader in this country donated Kshs25 million in harambees. Even a fool will tell you that these are proceeds of corruption. Corruption is rolling out every day before the Public Accounts Committee, Public Investments Committee and everywhere. If you want me to withdraw, I can do so, but the truth remains the truth. You cannot hide, kill, suppress or alter the truth; it remains the truth. I withdraw and replace with “persons donating huge sums of money questionably acquired, in harambees.” Mr. Temporary Speaker, Sir, I will proceed with the Bill. This Bill is very critical.

On a point of order, Mr. Temporary Speaker, Sir. The Senate Minority Leader is using very many words, some of which are very flowery. But he has not discharged his obligation under the Standing Orders, to substantiate. Even the withdrawal is conditional. He is talking about funds dubiously obtained. Could he also substantiate that the Kshs5 million and Kshs2 million were obtained through dubious means, because that also imputes improper motives and casts aspersions on the names of two great leaders of this country; the President and the Deputy President? Could the Senate Minority Leader, again, substantiate or unconditionally and unreservedly apologize to this House?

(Sen. (Dr.) Machage): Let me read to you loudly Standing Order No.91. It reads:- “A Senator who has used exceptionable words and declines to explain or retract the words or to offer apologies for the use of the words to the satisfaction of the Speaker, shall be deemed to be disorderly and shall be dealt with in accordance with the rules pertaining to disorderly conduct.” I wanted to hear more information for me to be convinced that you are not disorderly. But now that you have not convinced me, I am afraid that you will withdraw and apologize. I repeat, could you substantiate or withdraw and apologize?

Mr. Temporary Speaker, Sir, there is news everywhere of a senior politician who has influenced the escalation of a huge contract from Kshs17 billion to Kshs28 billion. On the heels of this, he stands up everywhere contributing millions of shillings in harambees. What conclusion could any reasonable man draw? Mr. Speaker, Sir, if the Chair wants to me to withdraw, I withdraw, but I will not apologize because to do so, means that I am wrong. I have withdrawn. I beg to proceed with my discourse on this Bill which is so important.

(Sen. (Dr.) Machage): Order! The last sentence of Standing Order No.91 says that if what I have demanded is not done, you shall be 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,---

(Sen. (Dr.) Machage): I am completely disheartened and disturbed with the functioning of our system in this House as a Speaker today. I order that this should be rectified tonight and we have an operational system in the House tomorrow. I am told that the system is hanging somewhere. Is there any microphone that is operating anywhere? Could you re-log your cards again in 10 seconds?

Mr. Temporary Speaker, Sir, but this microphone is working. Even the machine is offended by the interruptions that they are visiting on me every minute.

On a point of order, Mr. Temporary Speaker, Sir. In an attempt by the Senate Minority Leader to substantiate, he went on to quote media reports. We know that in this county, we have had a lot of media reports.

(Sen. (Dr.) Machage): Order! I have already ruled on the fact that we do not accept media reports. It was one minute before you walked in.

Mr. Temporary Speaker, Sir, having directed in the manner that you did, we have a saying that the hyena told a stone that “even if you do not answer me, you have heard me”. I apologize.

(Sen. (Dr.) Machage): Very well, continue.

Order! Continue, Sen. Wetangula.

Mr. Temporary Speaker, Sir, this Bill gives authority to the office of the Auditor-General to give assurance on the effectiveness of the internal controls, risk management and overall governance----

You have discharged your duties, your boss saw you, now you can go. Mr. Temporary Speaker, Sir, to undertake audit--- One of these days the Chair should take care of Members who just rush in to interrupt debate and then walk out because that is not orderly conduct either. To undertake audit activities--- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Which Standing Order are you quoting?

Mr. Temporary Speaker, Sir, the same one you quoted to me a few minutes ago. As I was saying, this Bill gives authority to the office of the Auditor-General to give assurance on the effectiveness of the internal controls, risk management and overall governance in state organs and public entities to confirm whether or not public money has been applied lawfully; to satisfy himself or herself that public money has been used and applied for purposes intended. This is very good discourse in law. It goes on to say; all reasonable precautions have been taken to safeguard the collection of revenue and the acquisition, receipt issuance and proper use of assets and liabilities. One of the biggest problems we are having with public audit in this country is the weakness of the office of the Auditor-General, not because the persons are unqualified, but it is underfunded. It has little capacity to audit a monstrous organization such as the state of our country, where at every twist and turn, what you see is corruption. We need a very strong office of the Auditor-General, not only to carry out post-mortem on frauds and thefts, but to help track the expenditure of budgets. Our side will be bringing some amendments at the Committee Stage to strengthen the Bill, the law that will come out of it and the office of the Auditor-General to enhance their independence, capacity and make it possible for the office of the Auditor-General as we describe in this Bill to sniff everywhere and detect with clear early warning mechanisms on how public spending is carried out. Every other day, you see the obscenity going on in the counties. We have devolved funds. We have actually devolved corruption. We are sending funds to devolved units and greedy fellows are busy sharing the money. Three years down the line, the Auditor-General will come up with a report. By that time, some of the fellows would have been voted out of the office, others will be dead and then they will tell us in this county, Kshs2 billion was stolen. A sum of Kshs3 billion cannot be accounted for in this department or so much money cannot be accounted for in this Ministry. If there was proper tracking of Government procurement, contracts and spending, this country would never have had Goldenberg, Anglo Leasing scams and all the issues that we keep on hearing about every day and night. For the benefit of my distinguished young colleague across the Floor, the matter of procurement of the Eldoret Hospital is not in the newspapers, but it is before the Public Investment Committee (PIC) of this Parliament. That is my source of information it is not the newspapers. Mr. Temporary Speaker, Sir, the Auditor-General’s office---

(Sen. (Dr.) Machage): Then you are completely out of order to discuss an issue that is at the Committee level and whose Report has not been tabled on the Floor of this House.

I did not discuss it, but I just mentioned it. I am not going to discuss it at all.

(Sen. (Dr.) Machage): Very well. That is what I wanted to hear. 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, Clause 8(b) gives the office of the Auditor-General the mandate to recruit and promote qualified and competent staff to perform the functions of the office. I am very happy that my distinguished friend, Sen. Mutula Kilonzo Jnr., will be bringing our amendments here. It is not enough to recruit and promote competent staff. It must also have adequate staff because you can have two or three competent and qualified staff who cannot do the overwhelming work that is available for them. We will bring an amendment to say “qualified, competent and adequate staff” so that the office can function. I agree in the same clause that the Auditor-General should have the power to exercise disciplinary control over staff, develop his human resource and so on and so forth. Something very dangerous in this Bill that this House must take care of is not to subject the Office of the Auditor-General to the rigmaroles and all the funny happenings that we see from the office of our lady called Ms. Sarah Serem of the SRC. That office behaves like what President Museveni once said of immigration officers. That they think their duty is to prevent people from travelling instead of facilitating people to travel. The office of the SRC thinks only in very cheap and limited phraseology and philosophy of shillings and cents. They do not know something called “value for money.” They do not even appreciate it. If we will have the office of the Auditor General hiring adequate and competent staff to audit, discover, expose, name and shame fraudsters in our midst, the staff must be beyond reproach and be properly remunerated. What the SRC will do is that they will look at the salary of an internal auditor at Parliament or in some parastal and say: “this is the cut off point and those auditors at the Auditor -General’s office must be capped at that.” That is the premium audit office of the land. I would not want to see a situation where an auditor in that office who is assigned to audit a multi-billion enterprise in Government goes there on foot carrying a laptop and a bag on the back. That is why you keep hearing that when they go to audit, the offenders have briefcases in their offices; that this one is enough for an audit of this level, another one for an audit of another level, et cetera, and they come back and say: “we found no wrong doing, even the books of account are properly kept.” Even as you see, the people being audited are living in hopeless and reckless obscenity of wealth with no explanation as to how they made that money. I want to see auditors who audit the State and its organs, properly paid and protected. In fact, I would want to see the security of office, not only extended to the Auditor-General, but his staff as well, only to be removed where, like it has been provided for in the Bill, they have committed fraud, breached confidentiality and so on and so forth. We do not want to see a situation where an auditor in the middle of a major audit is maliciously transferred somewhere else to frustrate the audit so that the culprits can get away with this. I would want to see a situation where the salaries of the staff of the Auditor- General are not subjected to high profile, but senseless politics played by the SRC, but by bringing the scales to Parliament for approval so that they can have some super scales that can attract good quality staff. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Order, Sen. Wetangula! Could you be orderly enough to refer to your colleagues as Senators?

Mr. Temporary Speaker, Sir, the distinguished Senator for Meru County, Sen. Murungi, who doubles as a “king” and the distinguished Senator for Nandi County, Sen. Sang. Sometimes, when we use too many titles, it becomes a mouthful. You should sometimes allow us to refer to each other in the manner that I did.

(Sen. (Dr.) Machage): It is the Standing Orders.

Mr. Temporary Speaker, Sir, it is Sen. Murungi and Sen. Sang, respectively. This is a clause that is dangerous; that is, in fact, going to undermine the independence of the office of the Auditor General. In fact, I am sure that 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.

(Sen. (Dr.) Machage): Order, Sen. Wetangula! You sometimes amuse me with your play of words. You do not have to hold doctors in that kind of disrespect and dishonor of their oath. Could you, please, withdraw that?

Mr. Temporary Speaker, Sir, I thought that you were dozing.

(Sen. (Dr.) Machage): Order, Sen. Wetangula!

Mr. Temporary Speaker, Sir, I am sorry. I invite you to read a book entitled “The Imaginary Invalid” by Moliere. It is a satire on the medical profession and you will appreciate what I am saying. It is a hippocratic oath and not an oath of hypocrisy. However, in our jokes with our educated colleagues, the doctors, we normally say that those are “oaths of hypocrisy.” It is with a light touch.

(Sen. (Dr.) Machage): Then it beholds your “unlearnedness” to be entitled that title of learned friends.

Mr. Temporary Speaker, Sir, that is for my close friends who are doctors, including you and the “bullfighter” behind me. I have no reason whatsoever to besmirch the profession that keeps us living.

(Sen. (Dr.) Machage): What is it Sen. (Dr.) Khalwale?

On a point of order, Mr. Temporary Speaker, Sir. If I heard you right, you directed that the Senator for Bungoma, withdraws. He is yet to with draw. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): He should also apologize.

Mr. Temporary Speaker, Sir, could I also add that he apologizes profusely to the profession that is the reason his wife has successfully given birth to several sons and daughters?

(Sen. (Dr.) Machage): Actually most cultures, including Sen. Wetangula’s, talks of two people that one should never despise in life; one, the medicine man, two, the circumciser. The lawyer is not mentioned.

(Sen. Wetangula) Mr. Temporary Speaker, Sir, I am happy that you mentioned the medicine man and not the doctor. However, the circumciser is very critical in my community. He is the most respected person in my community as well as that of Sen. Sang. Mr. Temporary Speaker, Sir, I withdraw the remark that I made earlier. But as I said, it is with a light touch. In fact, many doctors really get amused every time we say that it is an “oath of hypocrisy.” They normally laugh it off and order for a round of beer.

(Sen. (Dr.) Machage): Could you today say, “hippocratic oath” and repeat it?

Hoppocratic oath, Mr. Temporary Speaker, Sir.

(Sen. (Dr.) Machage): Repeat!

Hippocratic oath.

Mr. Temporary Speaker, Sir, finally---

On a point of order, Mr. Temporary Speaker, Sir, I am running the risk of being dewhipped by my Party Leader, but is he in order to refuse to apologize? It was clear that he was supposed to apologize.

(Sen. (Dr.) Machage): To my knowledge, he has already apologized. However, you did not run that risk. At one time, I also told him that he stood to be hit by the Standing Order No.110, despite being the Leader of my Party. He understood very quickly because he is a clever lawyer.

(Sen. Wetangula) Mr. Temporary Speaker, Sir, let me end by urging my colleagues, especially those who are reading – I have seen Sen. Murungi prying very carefully through the Bill – that we must give the country good laws. If we do not have a fortified office of the Auditor General, it matters not who is in Government. Public resources are public resources, whether one is in Government or in Opposition. We should never allow Kenya to be turned into a county where national resources are constantly converted into private resources. When you go to a country like South Korea, which I like quoting, it has fairly high levels of corruption. However, in that country, the sanctuaries of corruption are nonexistent; they catch up with you and you face the full force of the law. You may recall The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Did you mean, Sen. Kiraitu?

I meant Sen. Kiraitu. Mr. Temporary Speaker, Sir, everyday NIS officers are just churning out reports that Sang’s graft has gone high or low. As they do that, Al Shabaab are walking into our country the way you walk into a public market, killing our people and doing all manner of things. We have been told internally and externally that part of our security challenges is because of corruption. We must start by slaying the dragon. This is one step towards slaying the dragon of corruption. With those few remarks, I beg to second.

Mr. Temporary Speaker, Sir, I want to thank you most sincerely for giving me this opportunity to make some comments on this important Bill. I find myself almost in complete agreement with my brother, the Senate Minority Leader, except his opening remarks, touching on harambees. Otherwise, whatever else he said, we are largely together. The Senate has been unfairly accused of sitting on this Bill which most of us are seeing for the first time today. When we were on recess, our colleagues in the “Lower” House addressed the media and said that the Senate had refused to pass this Bill hence it risks being disbanded for failing to fulfill its constitutional obligations. How can we fulfill obligations when they are not before us? The conduct of some senior public officials, some of whom have constitutional mandates, seeking to rise on the graves of others, must stop. The truth must be told; that the Senate got this Bill today and we are debating it now. Kenyans should know that as the “Upper” House, we are efficient and we do not sit on any Bill. Indeed, we expect to meet the constitutional deadline even within a period of less than two weeks whereas the national Assembly had nine months with this Bill. Therefore, I would like to go on record as strongly defending the Senate against those malicious accusations. Mr. Temporary Speaker, Sir, it is quite clear from the long title that this is a Bill for an Act of Parliament to make provisions for the functions and powers of the Auditor- General. We have had an Auditor-General in this country since Independence. Indeed, on officer sat in that office with unlimited tenure until 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.

You are sure Sen. (Dr.) Khalwale has ever held a bull by the horns?

Mr. Temporary Speaker, Sir, I know he is a bull fighter. He must have.

Mr. Temporary Speaker, Sir, instead of asking a Senator to investigate and bring information, we can request the Auditor-General to do a forensic audit of a project where we have heard those rumours, and bring us a report which we can now use in our debates. Article 37 says: “The Auditor-General may examine the public procurement and asset disposal process of a state organ or a public entity with a view to confirm as to whether procurements were done lawfully and in an effective way.” Again, we do not have to wait until the process is completed. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Order, Senator!

Mr. Temporary Speaker, Sir, I have a very important contribution to make. Could you give me one minute?

(Sen. (Dr.) Machage): You have two minutes.

Thank you, Mr. Temporary Speaker, Sir. This matter is of special interest to me because one of my constituents, the Principal Secretary (PS) Mutea Iringo, as you know, was asked to step aside because of the role he played in the national security business when he was in the Office of the President. You have heard about audit queries of Kshs2.8 billion. However, officers are put under very difficult circumstances because some of the expenditures that they incur are supposed to be secrets for purposes of undercover activities of the Government. They cannot come to Parliament and explain exactly what they did because they are bound by the Oath of Secrecy; not to disclose. Mr. Temporary Speaker, Sir, a system has to be developed using international standards. This is not the only country where we have Strengths, Weaknesses, Opportunities and Threats (SWOTs) analysis. The United States of America (USA) Government operates the Central Intelligence Agency (CIA) and the Federal Bureau of Investigation (FBI). We can borrow experiences from them to see how audits are done so that we do them in this country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Order Senators. It is now 6.30 p.m., the time to end the House business. Therefore, the House stands adjourned until tomorrow, Wednesday, 13th 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.