Order, Senators. I have a Communication to make regarding the National Prayer Breakfast Meeting. The Kenya Parliamentary Prayer Fellowship Group shall host the Annual National Prayer Breakfast on Thursday, 28th May, 2015, at Safari Park Hotel. It is expected that over 1,700 guests shall be in attendance. This prayer breakfast is an interdenominational prayer meeting sponsored by Members of Parliament - Senators and Members of the National Assembly. Invitation cards for all Members have already been dispatched; Members are requested to confirm attendance by 15th May, 2015 in order to facilitate sitting arrangements. You are, therefore, requested to make your contribution to this particular national event. You may also wish, for further information, to contact Sen. Musila on behalf of the prayer breakfast group. Thank you.

Mr. Speaker, Sir, thank you for giving me this opportunity to make a few comments on the Narok Petition Report. After going through the Report, I realized that according to the Auditor-General, the Report omitted answering Petition No. 8 which was the bottom line of the Petition. Petition No.8 concerns Oloololo Game Ranch which The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Senator, you should be concluding.

Yes Mr. Speaker, Sir, according to this annex, it shows clearly that the amount was not deposited. Where is that money? Finally, so that I do not take much 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!

Mr. Speaker, Sir, on behalf of the Chairperson of the Standing Committee on Finance, Commerce and Budget, Sen. Billow, I beg to lay the following Papers on the Table:- Report of the Standing Committee on Finance, Commerce and Budget on the consideration of the Public Procurement and Asset Disposal Bill, 2014. Report of the Standing Committee on Finance, Commerce and Budget on the consideration of the Public Audit Bill, 2014.

Order. What is it Sen. Ntutu?

Mr. Speaker, Sir, I request the Chair to give two or three Senators an opportunity to make some few comments because it will not be fair not to hear their views.

I understand what you are saying Sen. Ntutu. Unfortunately, the Standing Order under which I allowed you was Standing Order No.45 (2a) which states that a Senator may make a statement on a county issue or an issue of general topical concern. Although it was related to the Petition, that is a general topic on 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. In view of the fact that this is a very unique matter that led to the riots being ugly and caused loss of lives and property in Narok, could I request the Chair to consider the possibility of finding that the Senator was wrong to move under Standing Order No.45(2)? We should review the entry point to allow the Senate of the Republic of Kenya to make comments; either now or at a later time. I will be requesting you to move under Standing Order No.1 which gives you immense powers in this House.

On a point of order, Mr. Speaker, Sir. I do not know whether I am in order to say that since this is a Report of a Committee of the Senate then it is a property of the House. Would I be in order to say that any Senator who is interested in a discussion should come up with a Motion at a later date and the Motion can be used to debate the Report if this House finds it necessary for that purpose? I hope you heard me.

On a point of order, Mr. Speaker, Sir. Our own Standing Orders give latitude for this. Standing Order No.226 and 227 give us the permission to make comments for not more than 30 minutes.

.: On a point of order, Mr. Speaker, Sir. I am a Member of the Committee on Finance, Commerce and Budget. The comments read by Sen. ole Ntutu appear to suggest that the witnesses who appeared before us either gave us wrong information, misled us or falsified documents. Whatever it is, that alludes there was a problem. I am not sure that comments will be good enough. I have looked at the Standing Orders and did not see a portion where a committee can review a decision that it has already made. That information ought to come to the Committee for a recheck on whether or not there was a mistake or false information or record. What Sen. ole Ntutu has said on record is very serious. You could possibly give direction as to what we should do. The comments will not help because they will not show the fact that the records show what the Committee decided.

On a point of order, Mr. Speaker, Sir. I listened very carefully to what Sen. Ntutu has been saying. Clearly, he raised a number of very fundamental issues of great concern not only to himself but also to the larger population in his own county. I know that a committee of this House has made a report following various investigations. However, it seems as if a number of issues were overlooked. For instance, he says very clearly that a number of directors of some ranches were not interviewed. In light of that and what the Senator for Makueni has said, I was wondering whether we have any avenue under the Standing Orders in which the Committee’s report could be reviewed or looked at again to give satisfaction to the people of Narok.

Mr. Speaker, Sir, thank you for giving me the opportunity to add my voice to the discussion here. I would like to plead with you to recommit this matter back to the committee in which I am a Member. Some of the issues that our colleague, hon. ole Ntutu, has raised cannot be discussed in the House. The House lacks plenty of information that we, in the Committee, have. In light of any new The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I also want to make an appeal on behalf of the people of Narok. These people have been left in a very difficult situation. We have circumstances where the whole of Narok rose up to register their complaints by organising a demonstration led by the leaders in Narok including the distinguished Senator for Narok. During those demonstrations, one Kenyan lost his life. The matter has not ended. There are court proceedings that will go on for another year or so. I have not seen a case where somebody is not charged but the suspects are still subjected to going to the police and to court endlessly. One such person is a Member of this House whom I suppose that the Senate will have some sympathy to his petition and appeal. More importantly since the Senate represents counties, the Senator has made a plea before this august House. It would be unfortunate if on account of a report by a committee of the House, we just say that all is well and left the people of Narok with a bad taste in their mouth. I plead with you to find circumstances that can assist. This is not upon you but as the Sen. for Elgeyo-Marakwet has suggested, somebody could come up with a Motion. I plead that at times, it is better to go the extra mile. This is just like what happened in Burundi. While people were meeting and saying that this was okay and the President could run for elections; that did not resolve the problem in Burundi. Therefore, this Report has not resolved the problems in Narok. If people heard that the issues brought by the Senator were wound up through comments by a committee saying that there is no issue, we would be committing a great disservice to the people of Narok. This is an issue that has been going on for a very long time. If Narok cannot succeed and yet it is one of the counties with a lot of resources and revenues, if people cannot have their fair share of resources, our obligation under Article 96 – on account of Narok – would appear not to be fulfilled and yet that is what is required of us. We should have an answer that makes sense to the people of Narok.

Thank you, Mr. Speaker, Sir. The situation we are having is that the people of Narok County were dissatisfied with certain issues and a petition was brought here. The investigation was done and now the Senator of the area says that he has facts or reasons to believe that some facts were left out or presented inaccurately. The work of the Senate is to defend the interests of the counties. So, when we say “Narok County”, we are not talking about the rivers, mountains or land there. We are talking about the people of that County whose interests we are taking care of. Since they can express themselves directly or indirectly thorough the elected representative, who is the Senator for the area, my appeal is that you give room that some of the specific areas which the Senator for Narok County has raised be revisited. Thank you, 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.

Order Senators! The Chair is equally sympathetic to the plight of the people of Narok County on the need to find a resolution. This is why even this petition was tabled on 30th of April under very clear provisions on the committal of petitions. Standing Order No. 227(2) says:- “Whenever a Petition is committed to a Standing Committee, the Committee shall, in not more than sixty calendar days from the time of reading the prayer, respond to the petitioner by way of a report addressed to the petitioner or petitioners and laid on the Table of the Senate and no debate on or in relation to the report shall be allowed, but the Speaker may, in exceptional circumstances, allow comments or observations in relation to the Petition for not more than twenty Minutes.” I cannot give more time even if I wanted because Sen. Ntutu had already exhausted the time limitation. He made a passionate appeal to me and I understood. That is why I told him that he can use Standing Order No. 45(2)(a). So, Sen. (Dr.) Khalwale, Sen.Ntutu was perfectly in order to use Standing Order No. 45(2)(a) because it is a matter on the county or any general topic. He has brought some information which may not have been taken into account by the Committee which is at liberty, as you all know, to interrogate those issues. The suggestion by Sen. (Prof.) Anyang’-Nyong’o is perfectly in order. Therefore, the House should not feel like we have lost the opportunity. There are many other opportunities within the Standing Orders that we you may use, including the suggestion by Sen. Murkomen. I think that Sen. Orengo got it right, that it is not really up to the Chair, as Sen. (Dr.) Khalwale put it, to use immense powers provided by Standing Order No. 1. Those immense powers should be used selectively and sparingly. You will agree with me that the temptation to use powers has led this Continent to the wrong direction. I am going to provide the leadership, at least, from this House. Thank you. Next Order!

Mr. Speaker, Sir, in line with Standing Order No. 48(5), I would like to give notice of the following Motion. THAT, aware that the Government of Kenya has a 29.8 percent shareholding in the Kenya Airways Limited, thereby being the largest single shareholder in the Company; cognisant of the fact that Kenya Airways Limited, the national flag carrier has been experiencing tremendous delays and cancellation of flights; aware that each delay and/or cancellation has led to grave losses to the airline thereby worsening the debt burden of the corporation; realising that the airline is now in debt to the tune of Kshs18 billion; further aware that the current business plan of the airline does not seem to take into The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

What is it Sen. Murkomen.

On a point of order, Mr. Speaker, Sir. I am sure that you will make your determination when the time comes. However, I would like to know in such circumstances when such a serious select committee is going to be formed, was the consideration made as to whether it is a matter concerning counties? Secondly, why is it that the Motion has only been signed by one side, that is, from the Minority side led by its leader? Is it a party Motion? If it is so then---

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. Murkomen. If you have a right to be corrected, you do not seek those rights. The Senator concluded that this is a party sponsored Motion and it was signed by the leader of that side and himself as the originator of the Motion. You are not going to look for the Jubilee side to be enjoined to the signatures. You can do that during contributions. I can confirm that the Motion has appeared here with the approval of the Speaker. That should serve your other issue. Other issues should not be determined now because there is a time to do so when we are voting. I am sure your rights to be corrected have been realized.

On a point of order, Mr. Speaker, Sir. That request could not have come at an opportune time better than now and especially taking in view the fact that the so called “Pride of Africa” is now becoming a plight---

Order, Sen. (Dr.) Machage. This is Order No.6 – Notices of Motion. This is not the time to debate. There is time to do so when the Motion will be before the House for debate. Members, let us make interventions that are relevant to particular orders.

On a point of order, Mr. Speaker, Sir. Actually, I should not be commenting because you hit the nail on the head by saying that this Motion has been approved by the Speaker. What worries me is that the distinguished Senator who raised this matter is a Member of the Speaker’s Panel and he should not be seen to be undermining the authority of that office. Anything that comes to the House with the approval of the Speaker is presumed to be properly before the House unless there is a substantive challenge. He stood up in a very speculative and not a substantive way. So, the Chair got it right by hitting the nail on the head. He is a Member of the Speaker’s Panel and we will be watching him very carefully to see whether he fits to continue sitting on that Chair.

Order, Senators. You know this week we have serious business. We have three Bills. You are just flogging a dead horse. I just want to assure Sen. Orengo that Sen. Murkomen has various capacities. When he is on the Chair he will act so and when he is down there he will act like the rest of you. So, he is perfectly in order to inquire into certain things and he has been answered. Sen. (Eng.) Muriuki. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I beg to give notice of the following Motion. THAT, noting that county governments were allocated offices and premises formerly occupied by the defunct local authorities and to some extend by former provincial administration; observing that these arrangements were satisfactory in most counties; aware that some counties had little, no offices or premises to inherit resulting in serious operational challenges of such county governments; appreciating that there are many counties with inadequate physical facilities; whether they inherited the envisaged facilities or not; concerned that the situation continues to impact negatively on the performance of the said counties; acknowledging that it is the mandate of the Senate to protect the interest of the counties and to ensure that their governments are fully operational; now therefore, in order to form the basis for possible assistance to counties for headquarter facilities, the Senate resolves to direct the Sessional Committee on Devolved Government to conduct an inquire into the needs of the following; (a) four counties: Nyandarua, Tharaka Nithi,Tana River and Lamu; and report to the Senate within one month; and (b) all the other 43 counties and report to the Senate within four months.

Hon. Senators, before we take Statements, I want to recognise the presence of the pupils and teachers from Riara Secondary School, Kiambu County, seated in the public gallery, who are visiting the Senate today. As you all know, the tradition of receiving and welcoming visitors to Parliament is a long time honoured tradition and one that we shall endeavour to continue upholding. On behalf of the Senate and on my own behalf, I extend a warm welcome to the pupils and teachers of Riara Secondary School.

On a point of order, Mr. Speaker, Sir. Allow me to extend my congratulations to that delegation for coming here because just a few days ago, we were led by Sen. Mositet to a fact-finding session in Kiambu County on the issue of taxation. Since the children are here, we learnt that for every litre that an old woman milks from her cow, she has to pay the county government 30 cents. Since some of these children are children of those poor women, they should leave knowing that the Senate is up and ticking and this injustice will not continue on their lives. 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.) Khalwale, you are completely out of order for the second bit of your assertions by discussing issues before a committee. On the first bit of welcoming the delegation, the Speaker had already done it and it shall remain that way. Sen. Mwakulegwa.

Mr. Speaker, Sir, I rise to seek a Statement from the Chairman, Senate Committee on Devolution. Recently, Nairobi and other major towns like Narok have experienced devastating effects of floods after the heavy down pour. Major flooding has led to loss of lives and destruction of property worth millions, both in Narok and in Nairobi. Rivers have been diverted from the natural course by construction of poorly planned permanent structures. An example is Mbagathi River which has caused great loss to property as it forced its way through Nairobi West this week. In my Statement, I would like the Cabinet Secretary for Devolution and Planning to answer the following:- (1) what is the Ministry of Devolution and Planning, in conjunction with affected counties, doing as part of the emergency response to avert further disaster of the ongoing rains. (2) what is the Nairobi county government doing to reclaim Nairobi Dam which is a major water reservoir in Nairobi yet it has been invaded by the water hyacinth? (3)what sustainable measures has the Ministry, in conjunction with the Nairobi County Government Physical Planning Division, put in place to curb rogue developers from developing structures on wetlands and water courses?

Mr. Speaker, Sir, first of all I thank Sen. Mwakulegwa for coming up with that issue, because this is a serious crisis in Nairobi. I can confess that I was among the people who got stuck near T-Mall because of that flood. I know that the Cabinet Secretary (CS) may need a lot of time to give a comprehensive report. However, I will try to ensure that we get an interim report within a week and may be a comprehensive one after two weeks, because of the emergency nature of what is happening and so that Senators can follow.

So ordered. One week, because of – I will use your own words – the emergency nature. Sen. Orengo, do you have a Statement?

Mr. Speaker, Sir, this thing has just gone wild.

The request was on. 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 for a Statement on the unfolding ---

Senator, it should not be you. It should be the Chairperson first.

Mr. Speaker, Sir, but you called me. I am obeying the Chair. I requested for an urgent Statement on the unfolding events in Burundi, which you graciously directed to be issued today. I can see the Chairperson is here, we are ready to receive the Statement.

Thank you, Mr. Speaker, Sir. Unfortunately, I do not have this Statement with me. I have followed this very closely. This decision was made in the afternoon and the letter was delivered to the Ministry at 5:45 p.m. yesterday. I am also aware that the CS went with the President to Tanzania. Hopefully, we will follow it up so that we get a Statement, latest tomorrow. We will try our best.

Mr. Speaker, Sir, I am not satisfied with the explanation by the distinguished Senator for Garissa County who is the Chairperson of the Committee on National Security and Foreign affairs. There are continuing reports from Bujumbura and the unfolding events that are being reported are not positive. Like I said, this is a matter of extreme importance and one would have expected a responsible Government to bring the Statement as urgently as is practically possible in obedience to your direction. You may recall that yesterday the President of Burundi attempted to fly to his country from Tanzania but he could not land. He had to go back to Dares Salaam. Reports indicate that there are two factions in the army; loyalists and those who have staged the coup. It is a real risk that armed conflict can ensue. I need to repeat that we have many Kenyans and Kenyan investments in that country – bankers, hospitality workers, teachers, nurses and many more. Not to mention that the head of one of the United Nations (UN) agencies in Burundi is a Kenyan and immediate former personal assistant to the Secretary-General of the UN. All these persons from our country stand the real risk of being caught up in a cycle of violence, particularly given the history of this country which has had genocidal waves in the past. The Chairperson, even in the interim, could have assured the country that as soon as the air space of Burundi ---

Order, Chairperson! He is now addressing you specifically. You will have your opportunity.

He could have even given an assurance that we have stand by capacity by our national carrier and our air force planes to airlift Kenyans back to the country, in the event there is need to do so. I am sure there is going to be need to do so. We do not want to get into a situation like what is going on 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 am surprised that my colleague and brother is asking whether our carriers can land in Burundi when he knows that the airport there has been declared closed. Anyway, the Statement is on its way and I will receive it at any time. You can bear with me; as soon as I get it, I will let you know.

On a point of order, Mr. Speaker, Sir. The Senate Minority Leader is asking this question not only as a matter of urgency, but out of experience. He, himself has been stranded for a couple of days in a coup situation and he can tell you. Therefore, the commitment that we need is not a question of getting it but to live by your directive that it must be delivered on Tuesday or the next possible opportunity.

Mr. Speaker, Sir, I was just going to draw the attention of the Chairperson to the fact that there is considerable anxiety among Kenyans today. Parents have anxiety over their children and relatives out there in Burundi. Having served as a Minister for Foreign Affairs some time back, I know that it would be standard practice in the Ministry of Foreign Affairs and International Trade, for Government to update Kenyans on a regular basis in a situation such as this one. Could you remind them that they are failing Kenyans in this respect and considerable anxiety is building?

Mr. Speaker, Sir, I was very surprised to hear the Hon. Chairperson of the Committee on National Security and Foreign Affairs say that a Statement could not be issued expeditiously because the Cabinet Secretary (CS) for the Ministry of Foreign Affairs and International Trade was accompanying the President to Dar es Salaam. I thought we live in an age where internet and telephones are available and that the Government should not depend on the physical presence of a person. This matter is of national importance and there should have been a rapid response unit in the Ministry of Foreign Affairs and International Trade. The work of this unit would be not only to brief Kenyans at every moment, but also keep abreast with any information that may be needed by any Kenyan at any time, given the Constitutional rights of Kenyans. It appears as if in the running of Government, the Government has not realized that we have a new Constitution which gives Kenyans enormous rights to get information from it. It is not just delaying in giving information, but contravening the Constitution for which this Government should be dismissed from office.

Mr. Speaker, Sir, I remember – as the Minister for East African Community (EAC) – when we had a problem in this country in 2007, I was made to rush to the headquarters of the EAC’s Council of Ministers to give an immediate statement on the Kenyan situation at that time. Is it not proper for the concerned Chairman to reassure this House that the Government is actually concerned and taking action instead of us waiting for papers on whichever day they will be ready without the reassurance?

Mr. Speaker, Sir, just like Sen. (Prof.) Anyang’-Nyong’o has said, we may require an official statement from the Chairman as the rules of the House require. However, all of us are digitally savvy; we understand what is going on; the situation that is unfolding with the President of this country having been in Tanzania 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, those are the things that the Chairman has been asked to find out.

Mr. Speaker, Sir, just like Sen. (Dr.) Machage, I served in the EAC. One of the things we used to do on a weekly basis was to brief the President on what we had discussed in Arusha. That is how the EAC works.

Mr. Speaker, Sir, is the Chairman in order to heckle me when I am trying to seek clarification from him?

Sen. (Dr.) Khalwale, how do you confuse an appreciation of your contribution through laughter as heckling?

I only saw him laughing.

Mr. Speaker, Sir, I thought that he was heckling. Mr. Speaker, Sir that is not how the EAC works. It has got all manner of levels right from senior officers to the permanent secretaries and so on and so forth, until the Summit. Mr. Speaker, Sir, in view of that, many hours have passed and there has been no single official statement from the Government of Kenya to the extent that we are left with the rumours that come through the media, with a lot of confusion. Over and above this, there are workers that were listed by the Senate Minority Leader. We have a lot of truck drivers who, without travel advisories, will continue travelling to Burundi. Could the Chairman issue an official statement to confirm that there has been a coup? If it has been there, he should issue a travel advisory to that effect. 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.

Point of order, Mr. Speaker, Sir.

You have points of order on what?

Mr. Speaker, Sir, I know the Senator for Kakamega County as a skilled “bull fighter.” However, I do not know whether he is aware that technology has gone beyond just mere phone calls. You can chat on WhatsApp, Skype, Yahoo Messenger or Google Messenger. There are many ways of communicating. I can assure you that – If he could come here – I have been in consistent communication with my former schoolmates in the United States of America (USA) who are in Burundi.

Order Senator. The challenge was specific; whether you actually communicated by calling. I almost assisted you because I also did not hear you mention “calling.” You actually mentioned all the others which you have repeated and added some more including confirming to us that you are---. No wonder you are asking other points of order because you are not following the proceedings of this House.

Mr. Speaker, Sir, did you notice that apart from me and Sen. Murkomen, every other Member who stood said, “when I was a Minister for Foreign Affairs, when I was Minister for---.” I realised that Sen. Murkomen and I were probably the only ones who were somewhere else.

How relevant is that? The Chair cannot help you be promoted!

Mr. Speaker, Sir, I just want to speak a little bit in defence of my Chairman because I belong to the Committee. There have been Members here who have been Ministers for Foreign Affairs. However, Sen. Haji has a distinction of not just being a Minister for Defence but holding two portfolios at the same time; Minister for Defence and Minister for Foreign Affairs, simultaneously. I also know something about my Chairman. On matters like these when there is frustration from the other end, he has never failed to come to this House and tell us the truth that, “I will not talk to the Cabinet Secretary, I have called them enough.” I know he takes his duties very seriously. More importantly, Mr. Speaker, Sir, we are not seeing the wider problem and we may not get the answer from the Chairman. There is a dysfunctional problem even at 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.

Bw. Spika, Sen. Haji ni mmoja kati ya wenyeviti wa Seneti hii wanaoheshimika sana. Rekodi yake inaonyesha alivyofanya kazi. Hata katika Bunge la Kumi hatukuwa na shida naye. Kwa hivyo, ninaamini ya kwamba ataleta ripoti haraka iwezekenavyo. Bw. Spika, Wakenya ndio wengi katika mataifa jirani ya Tanzania, Uganda, Rwanda na Burundi. Ikiwa kutakuwa na madhara, Wakenya wataathirika zaidi kuliko watu kutoka mataifa mengine. Ndio maana tunasema kuwa, kwa njia yoyote, tungependa kusikia kwamba kuna usalama wa Wakenya. Tunajua kuwa watu wengi wamekufa. Masikio ya Wakenya yamezoea kusikia vifo; wawe watoto, watu wazima, maskini, watu wanaojiweza au wanafunzi. Kila kuchao, kumekuwa na habari za vifo. Hatutaki mazoea kwamba kwa sababu vifo vimeongezeka, hata vikitokea nje ya nchi, Wakenya watavumilia. Bw. Spika, tunajua yanayoendelea kule Burundi. Wananchi wa huko wana hasira.

Order! Order, Senator!

Asante, Bw. Spika.

Chair!

Mr. Speaker, Sir, I am told that in the next three minutes the Statement will be with me. We can proceed with the other Statements and when it comes, I will give it. It is on its way to the Journals office and I have asked one of the Serjeant-at-Arms to go and collect it. That is the information that I have. I do not know how true it is.

Order, Senators! I will allow that Statement when it will be available, even if it is past this particular Order. Senate Majority Leader! BUSINESS FOR THE WEEK COMMENCING TUESDAY, 19TH MAY, 2015

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I wish to issue the highlights of next week’s business, pursuant to Standing Order No. 45. On Tuesday, there will be the normal meeting of the Rules and Business Committee (RBC). Subject to the decision and deliberations of that meeting, the Senate is expected to continue with business that will not be concluded, yet it appears in today’s Order Paper. However, as Senators may know, we are working hard, as a Senate, to ensure that the three Bills that have constitutional deadlines are passed as soon as possible, so that they can be conveyed back to the National Assembly and for Presidential assent thereafter, because that deadline is fast approaching. They are The Public Audit 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, from the outset I want to thank the Principal Secretary, Ministry of Foreign Affairs for responding to my SMS very fast. Mr. Speaker, Sir, Sen. Wetangula, pursuant to Standing Order 45 (2) (b) of the Senate Standing Orders requested a Statement from the Chairperson of the Standing Committee on National Security and Foreign Relations at the Sitting of Wednesday 13th May, 2015, regarding the Status of Kenyans in Burundi. The Chairperson was requested to state, first, the measures that the Government has put in place to ensure that the safety of Kenyans living in Burundi is guaranteed. As the situation unfolds our Embassy in Bujumbura has urged Kenyans to avoid nonessential movement and as much as possible remain at their residence until the situation clears. Indeed, today being a public holiday in Burundi, it is expected that all Kenyans will adhere to the advice. The Ministry continues to receive constant updates from the Mission and as I speak, all Kenyans are safe. The Chairperson was also requested to state what measures the Government has taken to ensure that all Kenyans living in Burundi are evacuated. As the situation evolves many Kenyans have left Burundi on their own volition, as schools are on holiday. The Government has already evacuated family members and two officers, leaving only 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, if you have listened carefully, the Chairman of the Committee has made no reference whatsoever to the situation as pertains to Kenyans other than the staff of the Embassy. We know that the Ambassador was out of station - he joined the President in Dar es Salaam – and the airport is closed and, therefore, he cannot fly back to Bujumbura. We also know that the Embassy in Burundi had been stripped to only essential staff. But one would have expected the Chairman and Government to tell Kenyans what the estimated number of Kenyans living and working in Burundi is. Those are the people that we are most concerned with. Embassy premises are protected territory within the United Nations (UN). It is those Kenyans working and living in Burundi that we are largely and primarily thinking about. There has been news that in the last two months, over 40,000 Burundians have fled to Rwanda and an even a bigger number has fled to Tanzania. Mr. Speaker, Sir, you know Kenya is the second largest trading partner with Burundi. So, our truck drivers that the Senator for Kakamega mentioned are sent by their employers to continuously deliver goods to Burundi. The Chairman or the Government has not told us whether they are going to issue any travel advisories to Kenyans going to Burundi in that regard but more importantly a coup has taken place. That is why the President cannot go back, the situation is volatile. We want to hear whether the Government has put in place measures, including standby capacity in the neighbouring 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.

Senators, there is a lot of interest on this issue but just seek one clarification.

Mr. Speaker, Sir, from that brief Statement it is evident that the Government had done nothing, apart from listing three members of the foreign mission staff. We would want to know how many Kenyans are in Burundi and in what categories.

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

Hon. Ethuro): Sen. (Dr.) Khalwale, ask what has not been asked.

Mr. Speaker, Sir, in view of the warm personal relationship between the Head of State of Kenya and the one for Burundi and in view of the lives that have been lost so far, the tens of thousands of Burundians who have been displaced and the coup, that is the biggest Statement these people would say because they want their Constitution to be followed. Therefore, I want to agree with the Chairman that Kenya should not support unconstitutional means of change of Government. If that is true, is our President considering using his warm relationship to prevail upon President Nkurunziza that by wanting to run for office, he wants to use unconstitutional means? The Constitution of that country says that a President can only be in power for two terms which he has served. What is our position as Kenya about his attempt to run for office?

Mr. Speaker, Sir, let me first of all thank the Chairman and the Cabinet Secretary (CS) for Foreign Affairs and International Trade for acting speedily. The issues that are going on are also fast but we all understand that the Kenyan and Burundian soldiers are serving together in Somalia. I would like the Chairman to tell this House the implications of the relationship between the soldiers of Kenya in Somalia and those of Burundi, should Kenya take any of the sides in this conflict in Burundi?

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 want to thank the Chairman for that quick response. He has done his part but unfortunately, these events have become too common. Recently, we had Kenyans suffering in South-Sudan and some of them left their properties in a hurry because they were not warned. We should know that we are living in a volatile region. By now, the Government should have a policy on what to do when such situations arise. Burundi is a big trading country which we trade with and we shall feel the effects even in terms of the refugees. Currently, we are suffering because we are hosting so many refugees. It will not be a surprise if we have an influx of refugees coming from that country. What arrangements have been put in place to vet, receive and decide what to do in the event those refugees come? We also have Kenyans who have invested there and have property. What will happen with their assets in that country? We are all members of the East African Community (EAC) including Burundi and within the context of the EAC, what have we done because we have a protocol, an agreement and a treaty as to what should be done in such situations? What has the Government of Kenya done in pursuit of those protocols or treaties to ensure that there is peace and tranquility in that country?

(Sen. (Dr.) Machage: Very well, a ruling was made that you limit yourself to one question, try to do that.

Mr. Temporary Speaker, Sir, Burundi is obviously between a rock and a hard place, the rock being an incumbent who is hell-bent on retaining power at all costs and the hard place being the military that is taking over. Unfortunately, the leaders and the summit that is supposed to mediate on this matter- we have some leaders who are famous for scrapping term limits in their own jurisdictions, but to the most specific question and the from Statement read by the Chairperson which I appreciate---. He has talked about an attempted coup yet yesterday President Nkurunziza talked about an imaginary coup. The military leaders were talking about a successful coup. What type of coup are we talking about?

Mr. Temporary Speaker, Sir, the Chairperson should know that Kenyans are the targets in Burundi. This came out so clearly because Burundians believe that the close relationship between the two countries has resulted in steps that have been taken by President Nkurunziza. So, the Chairperson should take this matter seriously and know that because of trade ties, and Kenyans being as adventurous as they are, they are also being seen as the people who have been working and paying taxes to maintain President Nkurunziza’s Government. The coup has succeeded; it is not an attempt. Today, Burundians suspect that in fact, President Nkurunziza is hiding in Kenya or somewhere in Tanzania. So, Burundians are looking up to the two countries to save them.

(Sen. (Dr.) Machage): I will allow only one more question. We have a division and I am afraid that we are losing our quorum. Proceed, Sen. Hassan. Please make it brief.

Mr. Temporary Speaker, Sir, when we bring Statements or responses to this House, whoever is crafting these responses must be extremely serious. 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. Hassan! First of all, that is not good. It is a fact that today is a public holiday in Burundi; you also know that. So, how serious can a Member be to remind you of that? Or how unserious can he be? I think it is unfair to the Senator. I will not demand an apology or whatever but do not repeat that.

Mr. Temporary Speaker, Sir, my clarity was the correlation between a crisis and a public holiday. I see no absolute correlation in that regard. I thought it was a bit below my expectation. Therefore, that is why I needed to seek further clarity. Secondly, is just to reiterate the African Union (AU) position. It is very categorical in talking about unconstitutional change of governments. We hardly appear brothers and sisters to the unconstitutional violation of the people of those countries and for that matter what Sen. (Dr.) Khalwale said: “The unconstitutional attempt to protract the term.” So, what is Kenya’s position, broadly, in this region; matters of the coup in Burundi, the protraction of the term of President Nkurunziza and, particularly, the issue of postponement of an election because of an unconducive environment which was partly created by the President himself.

Mr. Temporary Speaker, Sir, first and foremost, I want to appeal to my senior Senator, who is the Senate Minority Leader, to listen to Statements when they are being issued. What he is saying is that I only commented about staff in the embassy. That is not correct. This is what the Statement says---

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

You do not have to answer me.

(Sen. (Dr.) Machage): Order, please! Just continue.

Mr. Temporary Speaker, Sir, the Statement reads:- “As the situation unfolds, our embassy in Bujumbura has urged Kenyans to avoid non-essential movements and as much as possible to remain in their residence until the situation becomes clearer.” So, that one is not dealing only with the embassy staff. We are talking about Kenyans generally. Secondly, the Statement further reads:- “Our ambassador is due to travel to Bujumbura to coordinate the activities of ensuring the safety of Kenyans who live there, monitoring the situation and advising the headquarters accordingly.” The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Order! To the best of my knowledge the Speaker has not asked you any question. It is the Senator for Migori who asked the question.

Yes, Mr. Temporary Speaker, Sir, but I have said that the Senator for Migori is now in the Chair. Out of respect, I will not say anything about his request. Well, the President is using his good office. He went to Dar es Salaam with his other colleagues to try and see what can be done to calm the situation in Burundi. As to the concerns raised by Sen. (Prof.) Lesan, the relationship between the two armies and the African Union Mission in Somalia (AMISOM); whether any decision reached by Kenya will affect that relationship; I can say with confidence that it will not spoil the relationship between the two countries.

Mr. Temporary Speaker, to answer Sen. Ndiema, I think that his concern is legitimate; that Kenyans who are working there have invested and, maybe, they have property. The Government should from now onwards try to identify their properties and wealth and if time comes for them to flee that country, the Government should know how they can be compensated or their properties can be reclaimed from whichever authority which will be there. On Sen. M. Kajwang’s comment, I can say that from what we hear, there is no coup. There is a coup and a counter coup; a counter claim by both parties. So, as things unfold we will know whether this coup is holding and there is change of regime or those who are supporting the current President are winning the fight there. As to Sen. Hassan’s question, it has been the position of the AU that there should be no coups. For quite some time, the military in Africa has adhered to that demand. It was one of the foreign ministers who articulated this very well. It is very unfortunate now that at our door step, Burundi is running into that problem but hopefully this will be resolved as soon as possible.

(Sen. (Dr.) Machage): I very much hope that, that is a just a preliminary answer. We expect to have a detailed answer on Tuesday. For that reason I will put the question so that we put that issue to an end. I will also defer the statements because we have gone far much beyond that time. I will defer the requests for statements and issuance of the same. Next order, please.

On a Point of order, Mr. Temporary Speaker, Sir. 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.

On a point of order, Mr. Temporary Speaker, Sir. Last week on Thursday, I was promised by the Committee on Health---

(Sen. (Dr.) Machage): Order, if you listened to me very carefully, you would have know that I have closed that chapter. CONTINUED CLOSURE OF GARISSA TTC

I fully understand you, Mr. Temporary Speaker. I am not in any way challenging you. However, the Speaker made a ruling in respect to a request I had made concerning students of the Garissa Teachers Training College who are in a predicament right now. They have not reported back to college owing to the security situation there. The Speaker had made a ruling and directed the Chairman to provide that statement today. I cannot see the Chairman but I was wondering whether a Member of the Committee, with your permission, could give that statement.

(Sen. (Dr.) Machage): Unfortunately, I will not give permission because I have already made a ruling. We will have the answer on Tuesday.

.: On a point of order, Mr. Temporary Speaker, Sir. Under Standing Order No.39, I kindly request that you go back to Order No.5 on Papers so that I lay a Report of the Legal Affairs and Human Rights Committee on public hearings with regard to the Bill concerning Fair Administrative Action Bill which is a constitutional Bill with a timeline. We finalised the Report at 2.00 p.m and the Speaker authorized it for tabling when it comes from the secretariat. I beg you.

(Sen. (Dr.) Machage): Very well. The Chair has listened and compassioned this and allowed it. However, do not make it a practice. It is wrong. You can go ahead and lay the Paper on the T able,

.: Mr. Temporary Speaker, Sir, allow me to apologise. The action was not deliberate.

(Sen. (Dr.) Machage): Let us have the Division Bell being rung for two minutes.

(Sen. (Dr.) Machage)

(Sen. (Dr.) Machage)

Mr. Temporary Speaker, Sir, thank you for the opportunity to contribute to the Fair Administrative Action Bill (National Assembly Bill The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Very well, I see no other Member interested in contributing on this Bill. So, I call upon the Mover to reply.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I take this opportunity to thank hon. Senators who have contributed to this Bill. I am sure their contributions will enrich the Bill. I am very happy with the contribution, 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 will defer division on this second reading to next week. Next Order.

Mr. Temporary Speaker, Sir, I beg to move that the Public Procurement and Asset Disposal Bill (National Assembly Bill No.40 of 2014) be now read a Second Time. Mr. Temporary Speaker, Sir, just like the Bill that has gone through the Second Reading debate moments ago, this Bill is one of the Bills that are required to be passed by 27th May, 2015. It is such an important Bill that the Constitution itself speaks very clearly as to what is expected when it comes to the critical issue of procurement of goods and services by the Government agencies at the national level and even at the county government level. Article 227 of the Constitution is the foundation of this Bill. It says that all state organs and/or public entities must contract for goods and services using a system which is fair, equitable, transparent, competitive and cost-effective. So, in a nutshell, this Bill is trying to provide for a legal framework to ensure that when Government entities procure for goods and services, they use a system that is fair, equitable, transparent, competitive and cost-effective. Mr. Temporary Speaker, Sir, this Bill aims at giving Kenyans economic justice. We have been talking about fair administrative action which is a broad concept that touches on political and other forms of justice. However, this Bill is about economic justice, so that every Kenyan who wants to do business with the Government can have an opportunity to do so. That opportunity should be provided in a fair, transparent and competitive environment. This Bill also aims at entrenching a number of other constitutional guarantees, including the following:- 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 rise to second this Bill. This Bill has come yet again at the risk of sounding repetitious, at the right time. I say so, because this Senate has passed the Division of Revenue Bill and we are going into the third year. However, you must ask yourself whether the intention of having youth, women and persons with disability, as the Senate Majority Leader said, benefit from the special privilege that they have been given under Article 227(2)(a) of the Constitution has been complied with. Every time I visit various counties, the youth, women and persons with disability complain. You will discover that counties have done an injustice to Article 227 of the Constitution because the youth are not considered. I would have loved to see in this Bill a mechanism of how we will find out that, in fact, county “X” and “Y” have complied. I would propose in the Third Reading that we make it mandatory for counties to publish information of these categories, either at county headquarters or in every ward, because that ideally is the purpose for which The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Proceed, Sen. Mositet.

Mr. Temporary Speaker, Sir, let me from the outset support the Bill. This is a very good Bill. The Bill tries as much possible to make sure that it is in line with our new Constitution where we have the devolved governments and procurement becomes very important. This country is suffering from insecurity and corruption. Corruption starts at the procurement stage. The Bill has tried as much as possible to address how corruption can be fought. Also, we have seen that other than bringing equity, fairness and getting value for money, we are also seeing a case where our citizens are being empowered to go into business through this Bill such that they can compete with international contractors and have a chance to win. Mr. Temporary Speaker, Sir, other than that, the Bill also states that, at least, even for any international contractors or those who will be getting some business and are foreigners, they have to partner or give Kenyans some shares. Equally, through 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): Very well. I see no other Member interested in contributing to this Bill. I, therefore, call upon the mover to reply.

(Sen. (Prof.) Kindiki: Mr. Temporary Speaker, Sir, I beg to move.

(Sen. (Dr.) Machage): What is it, Sen. (Prof.) Kindiki?

(Sen. (Prof.) Kindiki): Similarly, Mr. Temporary Speaker, Sir, I rise under Standing Order No.54(3) to request the Chair to defer putting of the question on this Bill to Tuesday. 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): Very well, it is so ordered.

Hon. Senators, I will defer order Nos.11, 12, and 13. I now order that we go to order No.14.

Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT, aware that currently there are approximately 44 million persons living with dementia worldwide, a figure that is expected to triple by 2050; acknowledging that caring for dementia patients can be a difficult experience; appreciating the contribution of family members and other care givers of people suffering from dementia across Kenya; noting with concern that mental healthcare does not seem to be a priority in the public health sector in Kenya since the allocation for mental healthcare is less than one per cent 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. Temporary Speaker, Sir, I beg to second this very important Motion from the Senator for Migori, Sen. (Dr.) Wilfred Machage. Dr. Machage is a well known Kenyan and a medical doctor of repute. Therefore, it is not strange that a Motion like this one would be sponsored by my brother Sen. (Dr.) Machage. The Holy Bible, in the book of Psalms says; the life of a human being is only, but three score years plus ten. Mathematically put, that is 70 years and the rest of human life is a bonus from God. Therefore, the fact that many Kenyans are growing older while active is a reality. The complexities of modern life have brought some of the health challenges which were not very common in our society to the fore. Today, you will find certain diseases like dementia which may not have been very common in the past becoming common in our country. I am sure that Sen. (Dr.) Machage, being a health expert, must have good reasons he believes that this country has come to a point in time when we must have legislative interventions to ensure that we provide reasonable and adequate healthcare so that people who live with dementia can live in dignity. The issue of the complications that come with older people was anticipated when the Constitution was drafted. That is why in Article 57 of the Constitution, the State is under obligation to take measures to ensure that all older persons have reasonable care 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 rise to support this Motion. From the outset, I would like to say that it is only a doctor of medicine that would think of something like this. I thank Sen. (Dr.) Machage for this Motion. At this instance, I want to disclose that my family and in particular my cousin, suffered from dementia for a long time. These people are treated as outcasts. Where I come from, when somebody suffers from dementia or some elements of lunacy, someone would say that there has been a spell cast on him. However, the doctors will tell you that in the definition of dementia, it is a gradual death of brain cells which causes and leads to impairment of memory, reasoning, planning, and behavior; this includes Alzheimer and many other things. Mr. Temporary Speaker, Sir, Mathare Hospital has remained the same for eternity. The last time that there was anything about the hospital is when our own boxer, Ms. Congestina Achieng was taken there. There was an outcry in the whole Republic. People contributed money and went to visit her. They were alarmed that somebody could suffer from dementia. This is just one case of a person we know very well. If statistics had been taken, you would find that maybe out of every 10 families, there is somebody who suffers from dementia. The ones who are lucky manage to find their way into a market to borrow some food and walk around. In some communities, particularly in my work at Rotary Club, you will find that these people are locked up in dog kennels or in chains like I saw in a place called Ndia, in Kirinyaga. The Government, under the public sector, is only allocating one percent of the total public health budget to mental health. This financial year, the total allocation of the national Budget is Kshs51 billion. Therefore, they are just receiving one per cent. There is a category of people called dementia. These are persons who have suffered from loss of brain cells. If you go to other countries, they take care of the old people. There is a home called Huruma Home somewhere in Runda. It takes care of the old people. We do not have a deliberate attempt, other than the one the Senator has mentioned by AMREF to set up homes to take care of people who suffer from dementia. Mr. Temporary Speaker, Sir, the right to life in this Constitution, includes the right for a person with dementia or diminished mental capabilities to live with human dignity. That includes proper dressing, proper medication, care and attention. We must stop this issue of complaining like they do in some communities, including mine, when we see a person running around without clothes and imagine that person has been bewitched. That is not the case. The only way we can do so, is by removing these practices that are with us and have been with us since our forefathers; is to go the way that Sen. (Dr.) Machage has proposed. If we do not want to discriminate anybody, why are we discriminating people suffering from dementia or reduced mental capacity? 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.

Since there are no more requests, I ask the Mover to reply.

Mr. Temporary Speaker, Sir, as I reply to this Motion, I take this opportunity to thank the contributors. The Statements they have made will remain in our HANSARD and can be quoted. Sen. (Prof.) Kindiki says that dementia is a reality and that must be appreciated. Sen. Mutula Kilonzo Jnr. says that we must take care of our aged and the patients whose mental capacities and faculties are in doubt. The integration of health mental policy in our primary health care issues has been an objective in this country for about two decades, but there has been insufficient allocation of resources. Therefore, no implementation at all has been made apart from singing that song. Indeed, the management of health care in Kenya has not been sufficiently addressed. The country has only 75 psychiatrists. Out of that, 21 are in the university system. Again, out of this, 28 per cent are in private clinics. We have only about 500 psychiatric nurses of whom 250 work at mental healthcare associated facilities deployed in national and county levels. Therefore, each sub-county or county hospital will only have about two nurses. Each sub-county will have about 1,500 people with psychosis 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, just like the Mover said, this Motion does not affect the counties. I, therefore, put the question:

Next order ESTABLISHMENT OF NACC COUNTY OFFICES THAT, cognizant that the core mandate of the National AIDS Control Council (NACC) is to develop strategies, policies and guidelines relevant to the prevention and control of HIV and AIDS in Kenya; noting that the operational structure of NACC has not been aligned to the Constitution of Kenya 2010; acknowledging the objects of devolution as set out under Article 174 of the Constitution; recognizing that under the Fourth Schedule, the health function has been devolved except for the health policy 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.

Since the Mover of the Motion is not here, I order the same Motion to be deferred to the next sitting.

Hon. Senators, there being no other business, the Senate stands adjourned until Tuesday, 19th May, 2015 at 2.30 p.m. The Senate rose at 6.04 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.