Mr. Speaker, Sir, I wish to present a Message on behalf of the Council of Governors. This Message is dated 4th May, 2015. It is signed by the outgoing Governor, the Chairman of the Council of Governors, His Excellency, Hon. Isaac Ruto. Before I present this Message, I wish to congratulate the incoming Chairperson of the Council of Governors, Governor Munya---

Order Senator! That is not part of the Message.

Mr. Speaker, Sir, on behalf of the Governors of the counties of the Republic of Kenya, I transmit herewith for noting and action to the Senate pertinent matters concerning county governments as outlined in this Message. The Message is issued pursuant to the provisions of Article 96 of the Constitution, wherein the Senate is constitutionally mandated to represent and protect the interests of the counties and their governments. (A) The leasing of medical equipment for county governments -The relevant facts in relation to the leasing of medical equipment are outlined as follows:- (1)As per the Fourth Schedule of the Constitution, health services excluding management of national referral facilities and health policies have been devolved to the county governments. (2)Vide Gazette Notice of 9th August, 2013, the Transition Authority formally transferred to counties all health facilities, except national referral health institutions. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. The Message is very long. I seek your guidance because it appears that the Senator is reading a Message that gives a conclusive position that has already been taken by a particular party on a transaction that involves two levels of government and which should have been brought before the Senate for determination. I want your guidance on whether the Senator is doing it right.

Order, honourable Senators. This is a Message coming to us and it is being read as it is. This is a group of people communicating their 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. For this House to follow what is in this document, since it appears to be very long, is it possible and appropriate for copies to be given to us so that we understand what is contained in the Message? There are many details in the Message and the document is also lengthy, we may not even understand what is contained in it.

Mr. Speaker, Sir, surely, as the Senate we should have the patience to listen to someone reading a document of six pages.

On a point of order, Mr. Speaker, Sir. Did you hear the Senator from Mombasa say that Senators must have the patience to listen to somebody reading a document of six pages whereas the distinguished Senator for Machakos directed a question to you for guidance? He sought guidance from the Chair and the Senator for Mombasa went ahead to say that Senators must have patience to listen to someone reading a document of six pages. Is he in order?

On a point of order, Mr. Speaker, Sir. Further to the point of order raised, Standing Order No. 225 paragraph 5 says that a Senator presenting a petition shall not speak for more than five minutes unless with the permission of the Speaker. Paragraph 4 gives the provision to table the Petition, if it is very lengthy. I believe that is why paragraph 4 was put there. If it is very lengthy, the Senator can lay it on the Table so that we can go through it.

Order, hon. Senators. I disposed of the point of order raised by Sen. Billow. There was also another one raised by Sen. Muthama and now Senator Khaniri. Sen. Okong’o did not give me the opportunity to respond to Sen. Muthama. He wanted me to respond to Sen. Muthama before Sen. Hassan made his intervention. Let me take all that in totality. First, Sen. Khaniri, this is not a petition. This is a Message. Therefore, the Standing Order that applies is 43 – Messages to and from County Governors. The Senator presenting the Message has no choice but to present it as brought to the House. That is what Sen. Hassan is doing. Unfortunately, we have no provision to summarize messages. Maybe that is something we should consider from today. However, this is a weighty matter. It is quite similar to what you discussed yesterday on points of orders without any notice or reference to the Chair. This one came through the Chair and we planned on when it should be presented. We should just be patient as requested. Sen. Hassan is in order to request other Senators to be patient with him. This is not an order. He was pleading and asking for your indulgence. I support that request. Let him finish. Being young and energetic, he could probably do it faster. With regard to Sen. Muthama’s request, yes, if you look at Standing Order No.43(6), you will see that the Message will be subject to three things. It can be dealt with now, appoint a date for consideration or I can refer it to the relevant committee. Of course, once it has been laid on the Table, the copies will be available to all of you. Proceed, Sen. Hassan. 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, in the spirit of being fast, energetic and young, I am almost done with page 3.

On a point of order, Mr. Speaker, Sir. Further to your guidance, you quoted Standing Order No.43. The title says, Messages from County Governors. If you read from part one to six, it talks of a governor. However, the Message we have from Sen. Hassan is from the Council of Governors. Does your direction, in this case, mean that a “governor” also means “Council of Governors” or is it a petition from the specific Governor who signed it?

That is an issue that has been with us for a while now especially in relevance to that Message. I took the view that a Governor can act singularly or collectively. The spirit is the source, the Governor. So, “Council of Governors” represents Governors. I admitted it on that basis.

Mr. Speaker, Sir, I think we are developing extremely good traditions in the Senate. I beg to continue with the Message. (f)The Memorandum of Understanding (MoU) that the Ministry seeks to execute with the counties does not meet the requirements of Article 187 of the Constitution. (g) The national Government is not indicating the source of the money for the deal. It is not clear whether it is conditional or unconditional grant to the county governments as provided for in Article 202 of the Constitution. (h) In implementing the project, the national Government has not consulted county governments as required by Articles 6(2) and 189 of the Constitution.

On a point of order, Mr. Speaker, Sir. I really respect your ruling on the request put to you by Sen. Sang. However, look at Standing Order No.43 (2), which says; “A Senator shall read to the Senate any message from the Governor of his county to the Senate and such message shall be in writing and shall be signed by the Governor of the County.” Mr. Speaker, Sir, are you convinced that is what Sen. Hassan is doing?

On a point of order, Mr. Speaker, Sir. In view of the fact that quite a number of county governors, a substantial number if not the majority, have already agreed and signed for the equipment, is it in order for the Council of Governors which represents all the 47 Governors to send a Message that runs contrary to that position? We know that majority have signed. There is nothing in the Constitution that prevents the national Government from buying something and donating it to hospitals. Private institutions and Non-Governmental Organizations (NGOs) are doing it. I think the issue of autonomy and the manner in which it is being presented is not right. Many of them have already signed.

Order, honourable Senators. Some of these issues can be canvassed at the end of the Message unless it is something to do with delivery of the message; I will deal with the matter at the end. In the meanwhile, Sen. Hassan Omar, let me see that message.

On a point of order, Mr. Speaker, Sir. The Constitution says that governments are distinct. Therefore, a petition that comes from governors – I assume – The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, the other alternative we had was to ask each one of you to read the same Message because the 47 of you are heads of delegations. You can see that it is not tenable. The Chair signed and it was written at the end, “On behalf of the Governors.” When your Speaker says something on behalf of the Senate, it is not expected that each one of you will come to append your signatures to the letter or correspondence. To me, this is a provision that we created in this House so that you can communicate with the county; either individually or collectively. This is the first time we are doing it in terms of the Council of Governors (CoG) communicating to us formally. So, I urge all of you to listen to the Message, then issues like the ones raised by Sen. Billow and Sen. Ndiema will arise while interrogating the Message. For now, let the Message be read.

Mr. Speaker, Sir, I will read the Message as fast as I can in the interest of my colleagues. (11) The Ministry has not disclosed the contracts it has executed with medical equipment providers. Therefore, the CoG requests the Senate to inquire into the issue, particularly the following violations of the Constitution:- (12) To the extent that the Ministry of Health has executed contracts with Shenzen Mindray Bio-Medical Electronics Co. Ltd, Esteem Industries Inc, Bellco S.r.I, Philips Medical Systems Nederland BV and GE East Africa Services Limited (the medical equipment services providers), herein, without consulting counties, the provision of Article 6(2), 189(1)(a) and (b) and 189(2) of the Constitution have been violated. (13) To the extent that the Ministry of Health has executed contracts with Shenzen Mindray Bio-Medical Electronics Co. Ltd, Esteem Industries Inc, Bellco S.r.I, Philips Medical Systems Nederland BV and GE East Africa Services Limited (the medical equipment services providers), to provide medical equipment to facilities managed by county governments without executing the requisite inter-governmental agreements, the provisions of Article 187 of the Constitution have been violated. (14) To the extent that the Ministry of Health has executed contracts with Shenzen Mindray Bio-Medical Electronics Co. Ltd, Esteem Industries Inc, Bellco S.r.I, Philips Medical Systems Nederland BV and GE East Africa Services Limited (the medical equipment services providers), to provide medical equipment to facilities managed by county governments, a devolved function, the provisions of Article 186 of the Constitution have been violated. (15) To the extent that the Ministry of Health has executed contracts with Shenzen Mindray Bio-Medical Electronics Co. Ltd, Esteem Industries Inc, Bellco S.r.I, Philips Medical Systems Nederland BV and GE East Africa Services Limited (the medical equipment services providers), to provide medical equipment to facilities managed by county governments without indicating whether the sum in question is a conditional or unconditional grant to county governments, the provisions of Article 202(2) of the Constitution have been violated. B. The transfer of funds directly to health facilities within counties 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! I direct that the Message be forwarded to the Committee on Health.

On a point of order, Mr. Speaker, Sir. While I support your decision to refer this matter to the Committee on Health, it would be very important for us to make some comments with regard to this particular Message that has been sent to the Senate by the Council of Governors. In fact, I will regard it as a dishonest position on the part of the Council of Governors because they are trying to rope in support from Senators at this particular stage, when we have gone close to a year down into this arrangement. It is very clear in our minds and to many Kenyans that there is a provision to do inter-governmental cooperation or create a memorandum of understanding---

You are out of order!

I am not out of order; the Speaker has not said it.

On a point of order, Mr. Speaker, Sir. Standing Order 43(6) gives the Speaker three options. It says:- “When a Senator reports a message from a County Governor under paragraph (3) and (4), the message shall be deemed to have been laid before the Senate and the Speaker may- (a) direct that the message be dealt with forthwith; (b) appoint a day for consideration of the message; or, (c) refer the message to the relevant Committee of the Senate for consideration.” There are three options and we cannot have all of them at the same time.

Agreed. The Message is referred to the Standing Committee on Health. Let it remain there. But let me make it also abundantly clear 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.

Mr. Speaker, Sir, following the successful tabling of the Report on the Petition which came through me from Mwea rice farmers by the Vice-Chair of the Committee on Agriculture, Sen. Ndiema, I rise to thank him and the Committee for doing a very good job. I am happy that, at least, Mwea rice farmers, after reading the Report, will be in a position to judge the merits and demerits of the actions that the Government will take. I also thank the former Chairman because he is the one who took over the Petition when it was tabled last year. I believe that he also did a very good job by visiting the Mwea Irrigation Scheme. He was able to interact with the farmers and advise them. After perusing the Report on the Petition this morning, it is like the Committee is making the same prayer as mine, but they are not offering solutions to the prayers. Some of the prayers are very urgent, particularly on the issue of domestic water. In Mwea Irrigation Scheme there is insufficient water for domestic purposes. As I speak, there are very many people who have suffered or are suffering from the outbreak of cholera. If this issue was addressed last year after the Petition was tabled, I am sure that by now that situation would have been arrested. There are also many other things that should be done immediately. Some require medium-term steps while others require long-term measures. I, therefore, request the Speaker to direct the Committee to immediately attend to the urgent issues, particularly the water shortage and pollution and the prices of rice which seem to be deteriorating through the importation of inferior quality rice from Pakistan and elsewhere. These are issues that should be addressed immediately by the Government. The Report is giving suggestions on what the Government should do. Therefore, I urge the Speaker to further direct the Committee to come up with immediate solutions to the problems facing farmers. The sanitation in Mwea Irrigation Scheme is bad and there are no toilets. These are the things which I expected the Committee to come up with. Otherwise, we are happy that the Government has provided us with subsidized fertilizers and machinery. But let us concentrate on what is immediate. Thank you, Mr. Speaker, Sir.

On a point of order, Mr. Speaker, Sir. Sometime back I presented two Petitions before this House. One of them was with regard to Magadi Soda, which had petitioned this House, so that some refund can be done by the Kenya Revenue Authority (KRA). Up to now, we have never heard any report. The other one was a Petition by people from my county regarding Magadi Road. As I speak, Magadi Road is completely impassable and a report on that Petition has not been brought to this House.

Are you saying it was committed to the Committee?

Mr. Speaker, Sir, both Petitions were committed to the relevant Committees but up to now there are no reports.

So, the committees are yet to report?

Yes.

We will look into it. ALLEGED MISAPPROPRIATION OF FUNDS BY THE GOVERNOR AND THE COUNTY GOVERNMENT OF WAJIR

Order Members, I have a Petition relayed to the Senate by the following residents of Wajir County; 1. Mohammed Abikar 2. Abdi Birk Abdinur 3. Abdifatah Diriye 4. Ahmed Abdi Sabdow 5. Abukari Abdullahi Sheikh and 6. Johara A. Hussein Hon. Senators, pursuant to Standing Orders No.220 (1) (a) and 225 (2) (b), I hereby report to the Senate that a Petition has been submitted to the Speaker, through the Clerk, concerning the alleged misappropriation of funds by the governor and the County Government of Wajir. As you are aware Article 119(1) of the Constitution states that:- “Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation” The petitioners, as I stated earlier, state that they are members of a lobby group made up of many residents in Wajir County known as the Wajir Anti-corruption and Justice Forum. In their Petition, the petitioners state the following;- (a)THAT, in the 2013/2014 Financial Year, the governor and the county government of Wajir misappropriated and misapplied public finances and resources amounting to slightly over Kshs1 billion; (b)THAT, this was done through; (i)Theft and pilferage of public resources for a period of 3 months upon assuming office in 2013; and (ii) single sourcing of contracts for the supply of goods and services to the county government, whereby contracts were awarded to entities closely associated with the governor, his team, their close family members and to the members of the governor’s clan; 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, allow me to thank and congratulate those patriotic Kenyans who have brought that Petition to this House for being vigilant. Amongst the accusations that have been leveled on the governor, is the issue of corruption or theft and nepotism. These are crimes that go against our Constitution which we swore to protect and they are very strong grounds for impeachment of the governor, should it be found that indeed these accusations exist. Pursuant to Standing Order No.227, we will recommend that you commit this Petition to the relevant Standing Committee, so that we can delve into this matter further. The Committee will advise the House accordingly on the action to be taken. 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 represent the county in question. With regard to the Petition from the residents, the matters raised are weighty and call for, what I would imagine, beyond our committees alone because there are quite a number of issues that have been raised. However, just like my colleague Sen. Khaniri, I would suggest that we involve two committees, that is, the Committee on Devolved Government and the Committee on Finance, Commerce and Budget because the matters raised are somehow related to these committees. Since the Petition belongs to the House, I will support the direction given by the overall Membership of this House.

Mr. Speaker, Sir, I also want to applaud the Petitioners for being bold enough to bring these issues which if found to be true, are serious. It is also a demonstration that the public and county assembly members are now realizing the role of the Senate; that they can petition the Senate directly. I would urge all Members of the County Assemblies (MCAs) to explore this channel whenever they have issues of accountability. When we address these issues, I would propose that the Committees should involve the relevant experts, the departments concerned, the Auditor-General and also the institution that is charged with the responsibility of ensuring equal opportunity. There is a Joint Committee on Equal Opportunities and National Cohesion which could also be involved when it comes to issue of clannism and nepotism.

Mr. Speaker, Sir, I also rise to say that it is good that this Petition has been brought from Wajir. I will emphasize two things. One is the capacity of the Senators to oversight counties. It is very good that this morning, that is the issue that was at hand. As we move forward from this year to the next year, the Kshs1billion being allocated towards being more vigilant to the expenditure of the counties is not enough. When we go to next year, we need to relook at the whole issue. Secondly, the Budget and Appropriations Committee of the National Assembly should relook at how much money they are allocating to the Auditor-General. This is because it is through the Auditor-General’s Report that we will be more effective in terms of our oversight in the counties. Finally, even as we oversight, it is important that what we say in this House comes to bear and to be. As we speak, we have a Governor who is in office yet this House has kicked him out. Therefore, the budget for legal action for the Senate, the amount of money that we ought to allocate to the Senate to carry out cases in the Supreme and High Court towards the implementation of what we have passed in this House, should be enhanced so that we can be more effective.

Mr. Speaker, Sir, although I am representing a special interest in this Senate, I also happen to come from that county. As my colleagues have already said, I request that this issue be committed to the three committees that have been suggested. As you are aware, this issue is not new. It has appeared in the daily newspapers for almost three times. It is a weighty issue. It is time we realised the effort of the Senate by interrogating this issue intensively and reporting to the Senate so that we do the necessary things that we are supposed to do. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante, Bw. Spika. Waswahili husema, ukiona moshi, jua kuna moto chini na usipoziba ufa, utajenga ukuta. Ukiona moshi, moto utawaka. Tukiacha ufa huu, makabila yataanza kupigana kwa sababu ukoo mwingine unapewa vitu vingine ili tuje hapa na kusema fulani anachochea; wakati maneno yameletwa hapa mbele yetu. Lazima tuchukue hatua ya kueleweka.

Mr. Speaker, Sir, it is always very refreshing to hear the Swahili of the Hon. Senator from Kwale. This House will be inundated with petitions from the counties. It is an indication that all is not well within the counties. The concern of this Senate should be about the county assemblies. If, indeed, the assemblies were up to task, we would not be having all these. There are so many letters that we are getting from counties asking for this or that. I also request your office to probably guide at the time petitions are being set so that they can be more specific to one or two issues rather than have them so broad. They literally cover everything that happens in that county. It becomes difficult to deal with them because of the limitations the other institutions that we rely on like the Auditor-General’s office have. Otherwise, this is an indication that things are not going right in the counties. The Senate needs to be concerned because we are here courtesy of the counties; to represent their interests; to protect the counties and their governments. The fact that everyone is complaining every day about what is happening in the counties--- Clearly the Governors whom my dear friend from Mombasa was so keen to read their statement for hours are not up to task. We all come from counties and we know what is happening. It is very painful to see that the little money that we struggle – taxpayers in this country pay taxes - we struggle here day and night trying to get money to these institutions and yet it is wasted due to lavishness and conspicuous consumption. The things that the national Government used to do in the 1980s and 1990s are now taking root in many of our counties. We need to send messages to many of these counties that if someone attempts to play with the resources, mismanage counties and kill the hopes of Kenyans on devolution, they will pay a price. It is time we speak very clearly. There are few petitions that have been referred to us – yesterday there was one, today, there is one and tomorrow, there may be another one. We need to send a message so that Governors can read the writing on the wall, that it will not be acceptable for them to continue in that path and that they need to change. Otherwise we will not accept their messages. It does not help that you accuse---

Order, Sen. Billow! You are very eloquent in terms of protecting and promoting those interests which include the ones of the Governors. This House will hear all of them. It is for you to determine where you need to help and where you need to punish. Proceed, Sen. Lesuuda.

Mr. Speaker, Sir, I want to add my voice and pick up from where Sen. Billow has left. All these petitions show that people believe in two things; one, that devolution must work. They also know the role of this House. That is why they are The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, if there is a Committee that needs to be given more funds, it is the Committee on Finance, Commerce and Budget. We have many petitions. I am happy to say that I have not seen Sen. (Prof.) Anyang’-Nyong’o who is the Chairperson of our sub-committee on Petitions. This is a wake-up call because in the recent past, I have seen that the Kenyan public has woken up to the fact that the Senate is the only hope, including the fact that, Sen. Hassan has brought today those we considered “Saul.” Now they become “Paul.” We hope they will continue that way. We have roughly five to six petitions on irregularities in finances in counties. We should be having a minimum of 47 petitions here because this exercise is going on everywhere. Therefore, we ask you to facilitate the Committee on Finance, Commerce and Budget so that we can call special auditors quickly. The challenge we had in Narok is that the Auditor-General took two months to give us a report. Even then, we were not satisfied with what he gave us. Please, facilitate us so that we can help this country and nation to get to the bottom of financial mismanagement at the counties.

Thank you, Mr. Speaker Sir. This kind of Petition shows that the public is aware of their responsibilities in making sure that the funds allocated to the counties are used in their best interest. Once they realize that things are not going in the right way, they have made the attempt of taking this issue up with the Ethics and Anti- Corruption Commission (EACC) which unfortunately is not meeting the expectations of the public. That is why they went there and there was nothing moving and they have moved to the Senate. That puts a lot of responsibility on us and we have to make sure that we sustain this kind of trust from the public. That will require the Committees which are assigned these Petitions to make sure that they do a thorough job. It requires proper facilitation so that we sustain that trust from the public.

Thank you, Mr. Speaker Sir. I congratulate the patriots from Wajir County, knowing that it is one of the counties that is well known in this country because of using bucket disposal systems--- I do not know whether the Senator for Wajir County will accuse me for saying this. However, I can simply say that the area is so marginalized to an extent that the best systems they have for disposing waste are buckets. So, when we send funds there, and hear that they are being misappropriated by the people who we expect to take care of the funds and make sure that services are offered to the citizens there, are enriching themselves, we are left in shock. 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. Mositet! This is not a lynching place. Governors can only be impeached when they merit it. I want to conclude by giving three last chances to Senators to contribute for not more than two minutes each. I will give a chance to Sen. (Prof) Anyang’-Nyong’o, Sen. Hassan and finally, Sen. Sang. If I see new interests; they will be for another occasion.

Thank you, Mr. Speaker Sir. I will be very brief. I just want to thank my colleague, Sen. Mutula Kilonzo Jnr. who is a Member of our Committee on Finance, Commerce and Budget. I assure the House that being the Chairman of the sub-committee on Petitions; we see them as something that is enshrined in the Constitution. It is a right of any citizen in the Republic of Kenya to petition either House - the Senate or the National Assembly - on any issue of concern to that citizen. Therefore, the Senate Committee on Finance, Commerce and Budget, will act as a court of law; very impartial, ready to listen to the rationale behind every petition and to make extremely judicious decisions. I would, therefore, like to assure those in the county government that when there is a petition before the Senate, those petitioning should not be regarded as either enemies of the county government or county assemblies. I know that there have been situations where petitions have been brought to the House and the petitioners have more or less been lynched by certain elements in the county Government. They must understand that petitioning is a constitutional right. The House fulfils its function to receive these petitions, listen to them impartially and deliver judgment in the interest of the people of Kenya.

Thank you, Mr. Speaker Sir. Let me also add my voice to congratulate those who have decided to pursue a constitutional path towards petitioning this Senate. It is an accountability mechanism that is provided within the Constitution and I think that every Kenyan is well within the purview of their rights. However, as I said, we want those committees which are going to execute this Petition to exercise the highest level of professionalism, neutrality and impartiality, so that the Senate can also redeem itself as a House where fairness deems. Lastly, there is a cross-cutting issue that is coming out in literally every petition, which is about Governors influencing recruitments, through unfair practices, of kinsmen and political supporters. If you look at the inspectorates today, they are almost turning into private militia. This is because all they do is to employ Governors’ “boys”. I am asking also for our own volition to look for systems to strengthen the independence of the county service boards and the county assembly service boards. In these two boards lies the crisis beneath it. These boards are appointed under the patronage of Governors and probably the county assembly clerks or Speakers. These boards are manipulated in terms of outcome and that explains why the outcomes are almost predetermined. 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.

Finally, Sen. Sang, you can contribute on this matter.

Thank you, Mr. Speaker Sir. I join my colleagues in congratulating members of the public from Wajir County. We will continue receiving many of these petitions and this is an indication that we need to relook at the capacity of our county assemblies. We know that the first institution to carry out oversight over county governments is the county assemblies. It is therefore the responsibility of the Senate---I must congratulate the Senate for having taken time, over and over again, to support the county assemblies in enhancing their capacity. Mr. Speaker, Sir, a Motion will come to this Senate for us to look into the budget ceilings of the county assemblies. We need to look at the funding for the county assemblies and the capacity building. We should receive petitions that have already been processed by the county assemblies. If these things are not dealt with at that level, then the Senate becomes the sort of appellate level. It is therefore important for us to support our county assemblies so that they deal with these issues at the local level before they come to the Senate. I beg to support.

Order, Senators! This petition will, therefore, be committed to the Standing Committee on Finance, Commerce and Budget and the Committee will be required, in not more than 60 days, to respond to the petitioner by way of a report addressed to the petitioner and laid on the Table of the House. I also have two other things to do. The first one is a Message.

Hon. Senators, I have a communication to make. During the sitting of Tuesday, 19th May, 2015, the Senate voted for the following three Bills to be read a Second Time:- (1)The Public Audit Bill (National Assembly Bill No.38 of 2014) (2)The Fair Administrative Action (National Assembly Bill No.10 of 2015) (3)The Public Procurement and Asset Disposal Bill (National Assembly Bill No.40 of 2014) At the conclusion of the voting, there were variations in the number of Senators voting culminating into a point of order raised regarding Senators who did not vote as it is in violation of the Standing Orders. In particular, I wish to recognise the alacrity of the Senator for Vihiga, Sen. Khaniri, on such matters. I directed that we establish the Senators who did not vote. Subsequently, from the division list print out, Sen. Fatuma Adan Dullo and Sen. Daniel Karaba, did not vote for the Public Procurement and Asset 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. That particular day when Sen. Dullo came into the Chamber, she was very furious and protesting about something. She said that she would not vote. Could that have been a protest?

Sen. Dullo, this is an opportunity for you to try this gadget. I am not seeing your name here.

On a point of order, Mr. Speaker, Sir. I stand in defense of Sen. Dullo. Sen. Dullo is always here and to say that she had some reason is not correct. The failure of a Senator to vote is not the fault of that Member. It is the fault of the system. The gadgets are not working. In fact, yesterday, we voted manually.

Order, I am sure Sen. Dullo has sufficient capacity to defend herself. So, you and Sen. Hassan are completely out of order. Regarding the failure by the system, I have already acknowledged those challenges but you cannot say that it is an absolute one because other Senators still voted. Therefore, it was not the entire system that failed. It could be individual gadgets that failed.

Mr. Speaker, Sir, I do not want to address the point raised by Sen. Hassan because you have defended me. I would personally defend myself by saying that when the vote was taken, I was in the “other side”. That is the reason why I did not vote. Again, I need to defend myself; I am always very attentive and alert in the House. There is no single time I have failed to vote or participate in the House business. I am sorry for this. Thank you. 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.

Well done, Senator. This is definitely not a statement about your general performance. So, Infotrak should not try. This was just an issue that was raised on that material day. I had actually allowed it to die but I realized the Members to my left were a bit agitated and rightly so. I have a duty to defend and promote the Standing Orders of the House. That is why I felt it is important to raise the matter. That is why I have not also put any sanctions because there are mitigating circumstances including your steadfastness. VISITING DELEGATION FROM NANDI COUNTY ASSEMBLY

Hon. Senators, I am pleased to acknowledge and welcome to the Senate this afternoon the Members of Nandi County Assembly who are seated in the Speaker’s Gallery. I request that when their names are called out, they stand so that you may acknowledge them in our usual Senate tradition. 1. Hon. Pius Kiprop Murei 2. Hon. Mark Kipkoech George 3. Hon. Pauline J. Sing’oe 4. Hon. Isaac Kiplagat Choge 5. Hon. Kapkurui S. Chepkwony 6. Hon. Emily Cherobon 7. Hon. Eunice J. Sing’oe 8. Hon. Koros Eric Kiptoo 9. Hon. Sally Cherubet Lelei 10. Hon. Demtula Jemaiyo Rop 11. Hon. Francis Kiprop Kemei 12. Hon. Simeone Bor 13. Hon. Joslyn Jerop Bett 14. Hon. Monica Jekemboi 15. Hon. Jane Jepkorir 16. Hon. Philemon K. Maiyo Nengo 17. Hon. Julius Kibet Gwambok 18. Hon. Karen C. Mutai 19. Hon. Jenipher J. Martim 20. Hon. Rhoda J. Chepkwony 21. Hon. Emmanuel Kipkoech Rotich 22. Hon. Frederick Kemboi 23. Hon. Phillip K.M. Sang 24. Hon. Baruch Suge Hon. Senators, I wish to take this opportunity, on behalf of the Senate and on my own behalf, to wish the Members of Nandi County Assembly a happy and fruitful visit to our Senate.

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

Sen. Sang, please, remember it is not an entitlement. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, thank you for recognizing and welcoming the Members of the County Assembly of Nandi. As the Senator for Nandi and on their behalf, we want to thank the Senate. The issues we have discussed here, maybe the reason why we have not seen a petition coming from Nandi County is because the County Assembly of Nandi is doing a good job. Thank you for the opportunity that you continue to give the County Assembly of Nandi and the other county assemblies to enhance their capacity and for them to learn from the Senate. I hope that they will have fruitful engagement with us.

Thank you, Mr. Speaker Sir. I beg to lay the following Paper on the Table of the Senate today, Thursday, 21st May, 2015:- Report of the Mediation Committee on the Environmental Management and Co- ordination (Amendment) Bill (National Assembly Bill No. 31 of 2014).

Thank you, Mr. Speaker Sir. I beg to give notice of the following Motion:- THAT, this House approves the report of the Mediation Committee on the Environmental Management and Co-ordination (Amendment) Bill (National Assembly Bill No. 31 of 2014), pursuant to Standing Order No. 155, laid on the Table of the House Thursday, 21st May, 2015. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante, Bw. Spika. Ningependa kutoa taarifa kupitia Sheria za Bunge Nambari 45(2)(a). Natoa taarifa hii kwa sababu ninavyozungumza sasa, vijana katika mji wa Voi wanapanga njama za kuzua rabsha na matata barabarani. Hii ni kwa sababu mwanzo wa wiki hii, magazeti na vyombo vya habari vilitoa habari kwamba vijana zaidi ya 100 kutoka Tigania kule Meru, wameletwa katika mji wa Voi ili kuchukua kazi za vibarua katika reli inayojengwa sasa katika Kaunti yangu ya Taita Taveta.

What is it, Sen. Njoroge?

On a point of order, Mr. Speaker Sir. I do not know whether I am in order to say I was expecting an answer of a Statement which I had sought?

You are completely out of order. Sen. Njoroge, Sen. Mwakulegwa is seeking a Statement. Sen. Mwakulegwa, proceed.

Bw. Spika, tunajua kwamba kazi ni za Wakenya wote lakini hizi ni kazi za vibarua na vijana zaidi ya 100 waliletwa Voi Jumatatu asubuhi, basi wananchi walipigwa na butwaa. Walishangaa kuona watu hao wamefika katika busstation na hawajui mahali pa kwenda. Walipoulizwa na wananchi, walisema wameitwa kuandikwa kazi katika mradi wa reli. Cha kushangaza ni kwamba, inasemekana waliletwa na Mbunge wao wakiwa wameambiwa wanakuja kuandikwa kazi hapo. Walisema kila mmoja alilipa Ksh1,500 ili kuandikwa kazi hiyo. Maswali ninayouliza mimi kama kiongozi wa Taita-Taveta ni kwamba, kina mama wa Taita-Taveta wamezaa vijana wengi sana; vijana ambao hawana kazi ni zaidi ya 50,000. Kwa hivyo, waliopanga njama na kula pesa za vijana na kuwaleta Voi---

Seneta, uliza maswali. Kuzaa kwa akina mama tunaelewa.

Bw. Spika, maswali yangu ni kama ifuatavyo: (1) Je, kama akina mama wa Taita-Taveta kweli wanazaa na wana vijana, kwa nini wasiandikwe kazi za vibarua? (2) Njama hizi hazijaanza leo. Kuna barabara inayotengenezwa kutoka Taita- Taveta kuja Mwatate na malori na mabasi yanaleta watu kila usiku. Ninauliza hivi---

Seneta, samahani! Uliomba kutoa taarifa kupitia Sheria 45(2)(a). Kwa hivyo sio maswali ni kuongea. Endelea.

Asante, Bw. Spika, nilikuwa najua sheria hiyo na ndio maana nilikuwa ninafuata mkondo huo.

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

Order, Members! Look at the Order Paper. Order No. 10 will come after Order No. 7.

Thank you, Mr. Speaker Sir. I have two Statements to request, pursuant to Standing Order 45(2)(b). CONTINUED DESTRUCTION OF MAU FOREST I seek a Statement from the Chairperson of the Standing Committee on Land and Natural Resources regarding the continued destruction of forests in particular, Mau Forest. In the Statement, the Chairperson should:- (1) Explain why up to date, Mau water catchment area is still inhabited by people even after the Government committed itself and spent taxpayers’ money to relocate persons occupying the forest. (2) Explain when the relocation exercise will be finalized. (3) State why logging and charcoal burning in the forest continues unabated. (4) Explain the measures that the Government has taken to ensure use of more environmentally friendly sources of cooking fuel like biogas and Liquefied Petroleum Gas (LPG), in order to retain the gains that are made through afforestation and re- afforestation. Thank you. 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.

That should be for the Committee on Land and Natural Resources. You are the Vice Chairperson, are you not? Any Chair around? I can see Sen. Mwakulegwa.

Mr. Speaker, Sir, I am a Member of the Committee. We will undertake to reply in two weeks’ time.

So ordered. CONSTRUCTION OF PETROL STATION ON RIPARIAN LAND IN NYAMIRA COUNTY

Mr. Speaker, Sir, I rise under Standing Order No.45(2)(b) to seek a statement from the Chairperson of the Committee on Land and Natural Resources regarding the construction of a petrol station in a riparian area at Konate Junction, Bonyamatuta Ward, West Mugirango Constituency in Nyamira County. In the Statement, the Chairperson should address the following:- (a) explain whether the National Environment Management Authority (NEMA) carried out an impact assessment of the project, and if so, whether the project was approved; (b) explain why the project is being carried out in a riparian area; and, (c) explain the measures that the Government has put in place to reclaim the riparian area and protect the environment. Thank you, Mr. Speaker, Sir.

Madam Temporary Speaker, I rise pursuant to Standing Order No.45(2)(b) once again to seek---

On a point of order, Madam Temporary Speaker. You have not directed on the committee that will look into the request that I have made.

Sorry for that oversight. I was just taking over the Chair and that escaped my attention. Is the Chair on the Committee on Land and Natural Resources around? If he is not around, is there any Member of the Committee in the House?

I am here, Madam Temporary Speaker. I am sorry I was not paying attention to the Statement. However, going by the tradition of the House, we will look at it and see if we could come up with a response in two weeks’ time. Should we not be able to do that, we will report the outcome to the House.

Are two weeks okay with you, Sen. Okong’o?

Okay, that is so directed. 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 once again, Madam Temporary Speaker. I rise pursuant to Standing Order No.45(2)(b) to seek a Statement from the Chairperson of the Standing Committee on Labour and Social Welfare regarding the new National Hospital Insurance Fund (NHIF) rates. In the Statement, the Chairperson should:- (1) explain the efforts by the NHIF management to educate the public on the benefits of the new enhanced contributions; (2) explain the process of ensuring proper implementation of the new contributions; (3) explain the process of claiming benefits; and, (4) explain how the NHIF management plans to improve healthcare provision in the country, given that hospitals that are supposed to provide the services under the Fund are not well equipped and staffed.

The Chairperson of the Committee on Labour and Social Welfare.

Madam Temporary Speaker, I undertake to come with a response within the next two weeks.

Sen. Khaniri, is that okay with you?

Yes, Madam Temporary Speaker.

It is so ordered. The response should come in two weeks’ time.

Sen. Lesuuda, do you have an intervention?

No, Madam Temporary Speaker. It is a reply to a Statement.

Madam Temporary Speaker, I am expecting a reply to a Statement which has really---

Madam Temporary Speaker, I am addressing you yet Sen. Khaniri is---

Sen. Khaniri, the Chair is listening attentively. However, Sen. Njoroge, I was in the House when the Speaker ruled on that. Your request has already been overtaken by events. I will consult on that before I give my final ruling. Meanwhile, we will take a Statement from Sen. Lesuuda. MEASURES TO AVERT ADVERSE EFFECTS OF FLOODS IN KENYA

Madam Temporary Speaker, I would like to give a response to a request for a Statement which was placed before the Sessional Committee on Devolved Government on measures put in place to avert the adverse effects of floods in Kenya. 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. Njoroge, you will get an opportunity after Sen. Kittony. Were you through, Sen. Lesuuda?

Yes, Madam Temporary Speaker, but I want to put a rejoinder to the Statement. Probably, we will seek direction from you. From this Statement, it is clear about what the Cabinet Secretary has said, that some of the questions could be directed to other committees of this House so that we get comprehensive answers to some of the questions in this Statement. 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.

All the answers are within the Committee’s mandate and they are able to give us all the answers. Senator, when are you getting us the answers?

Madam Temporary Speaker, I am the one who asked for that Statement. I just wanted further clarification.

Was this a response to a Statement and are you satisfied?

Madam Temporary Speaker, that is why I am actually standing. The reason why we sought for that Statement is because Kenyans have been losing property and lives. Every rainy season we have had floods. Now that we have county governments in place, I thought the county governments in conjunction with the Ministry will undertake adequate measures to make sure that all structures that have been put up in water paths are demolished. That has not been responded to. Secondly, we are being told that there is a Bill which was passed in 2013 but to date, nothing has been done so far. I wanted to know the specific remedies that have been undertaken to reduce suffering of Kenyans especially during the rainy season. What she has answered is general knowledge known to everybody. I was looking for the specific actions that have been taken. For example, what are we going to do to Nairobi Dam? Even if the issues are cross-cutting, I expected the Committee to involve the other committees so that we get a very comprehensive report.

Sen. Ongoro): I think that is a considerable position because we cannot ask one question and direct it to different committees. It is the main Committee that is concerned with the bulk of the main Statement to then coordinate with other line Ministries and consolidate everything. Is that in order?

Madam Temporary Speaker, it is in order. As a Committee, we would like to request the Member who sought it and also this House to give us a further two weeks because we realize that this is a matter that is cross cutting, so that we can involve the other committees that have been mentioned and also the relevant Ministries so that we can come up with a comprehensive response. I agree that this is a matter that needs attention.

Senator, are you satisfied?

Yes, Mr. Temporary Speaker, Sir.

A further two weeks to the time that you had already been allocated. Sen. Njoroge, it is now time for you to make your intervention.

Madam Temporary Speaker, I was expecting an answer from the Committee on Health and the Senator who was supposed to give an answer to that has left the Chamber. I think by the time I was ruled out of order, it was because it was not yet time for Statements. However, the Chair should have given me the answer to the Statement last week. For now, allow me to leave it at that point because the Chairperson has already left the Chamber.

It is a very unfortunate situation. Is there any Chair or Vice Chair of a Committee to undertake when Sen. Njoroge will possibly get the answer? Sen. Sijeny, you are a Vice Chair of a Committee, can you The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I undertake to inform them and he could get an answer in the next two weeks.

Is that okay with you, Senator?

Madam Temporary Speaker, Sir, I think I am a bit confused because there is no Member from the Committee on Health. I can wait for those two weeks because I have already waited long enough. This answer was supposed to be delivered last week. Sen. Kittony had indicated to me that she was ready to give an answer but since she is travelling, I think I will wait until next week.

Senator, you have been requested to wait for two weeks. Is that okay with you?

Madam Temporary Speaker, one week would be okay with me.

Sen. Sijeny, communicate to the Chairperson of the Committee on Health that in one week’s time before we go on recess, we need that answer.

Madam Temporary Speaker, Sen. Kittony has just left a Statement which she wanted to read out and I do not know whether it is in order for me to lay it on the Table. I do not know how it is done because I have never done it before.

That is the end of that matter. I can see an intervention request from Sen. Mungai.

Madam Temporary Speaker, I want to bring to your attention the fact that the promises that have been given to the Statements sought here have been that they will be delivered after two weeks. However, I am aware that we will be going on recess from next week whereas you are talking about two weeks. I wanted to bring that to the attention of the House because if a Statement is being sought and it is urgent in nature, then the period is supposed to be shortened.

Sen. Ongoro): That is a good observation, but the people who sought the Statements were in the House when they were told that the answer would be given in two weeks and they were comfortable with it. I want to believe that all Senators are aware of our calendar and that we should be going on recess in a week’s time. Let us let it rest at that because they already accepted the two weeks. That means immediately we come from recess, they will get their answers. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 26TH MAY 2015

Madam Temporary Speaker, pursuant to the provisions of Standing Order No.45, I rise to present to the Senate business for the coming week. On Tuesday, 26th May 2015, the Rules and Business Committee will meet at noon to schedule the business of the Senate for the week. Subject to further directions by the RBC, the Senate will continue with business that will not be concluded in today’s Order Paper primarily focusing on debate and division on the report of the Mediation Committee on the Environmental Management and Coordination (Amendment) Bill The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

We are through with Statements. Earlier on, the Speaker made a ruling that we will skip Order Nos.8 and 9. We will go to Order No. 10.

Madam Temporary Speaker, I beg to move the following Motion:- THAT, aware that the Fourth Schedule to the Constitution assigns the responsibility of protection of the environment and natural resources to the National Government; ACKNOWLEDGING THAT Section 5 of the Wildlife (Conservation and Management) Act, 2013 mandates the Cabinet Secretary to formulate innovative measures for mitigating human wildlife conflict; FURTHER ACKNOWLEDGING THAT Section 19 of the said Act empowers the County Wildlife Conservation and Compensation Committee 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.

.: Madam Temporary Speaker, in the first instance, I want to thank Sen. Adan for this important and well detailed Motion. The statistics that I have in front of me about the extrajudicial killings, the people who are missing, the people who have sustained permanent body injuries, others who have been threatened and others who have been maimed, it is very saddening. To say that this is a crisis would be an understatement in every sense of the word. As I rise to support this, I must say that I relate to the events, sufferings and mistreatments of residents and the illegalities perpetuated by the KWS, particularly from my county Makueni because they are doing the same. In the case of Makueni, a young girl was beaten up by KWS rangers, it is now four months and the Director of Public Prosecution has been unable to prosecute the persons who did this to a young girl in Kibwezi. Therefore, when I saw this Motion, I thought it appears to be a blessing in disguise because I relate to every suffering. The community in Isiolo has been suffering in the same way other communities are suffering, in the sense that KWS who are supposed to protect wildlife have become an enemy of the people. Madam Temporary Speaker, it appears that the prosecution system has failed or they are in bed with KWS who have taken the law in their own hands and nobody appears to deal with these people. While we appreciate that wildlife is a national treasure and that this country is making a lot of money from it, there is no place in this Constitution where wildlife has been given priority to human life. If we must say so for them to hear, let them hear because I want to say it. The Constitution says that every person has a right to their dignity and life, unless taken away through due process. The KWS or any other person does not have that right and will never have it, provided that the law of the jungle has not been substituted in Kenya. Madam Temporary Speaker, the Act assented to in 2013by His Excellency the President has not helped. The reason is that somebody somewhere who is required by law to make regulations that would ensure that part of the Acts that require some of these things that Sen. Adan is talking about would be put into perspective has not done his job. For example, if there is a complaint by a person in Isiolo or Makueni on a KWS ranger who has caused the disappearance and kidnapping in the case of Isiolo, there is no method provided in the Act itself for a complaint. However, if the regulations that were contemplated in the Act were then put into place, it would be possible for Sen. Adan, the people of Isiolo and many other places in this Republic, to make a complaint. That complaint will then cause the police to take action against KWS because I have said before that KWS rangers together with many other agencies of security in this Republic The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I would like to thank and congratulate my colleague, Sen. Adan, for raising this very important issues and Sen. Mutula Kilonzo Jnr. for eloquently putting in the issue and facts concerning the Kenya Wildlife Service (KWS) and its role but most importantly, the allegations that have been put forth by Sen. Adan. The KWS and other security officers are supposed to protect Kenyans. When we hear allegations of kidnapping, shooting, torturing, wounding and even killing members of a community, this is something that needs our urgent attention. Probably, 90 days are too many. As it has also been stated in the Motion, there is tension amongst those communities. We do not want to see more lives being lost. The quicker we get moving – the relevant Committee starts the inquiry, the better in terms of calming the communities and assuring them that this House is in charge. Madam Temporary Speaker, I would also like to let this House know that this is not only happening in Makueni and Isiolo counties but in most of the counties which have wildlife as a resource. As I am seated here, there are Kenyans who are watching us. Many of them are sending me text messages saying that it is also happening in Laikipia County in some of the ranches where there is wildlife. There are allegations that there was a meeting with the County Commissioner, the leadership there and the community to speak about the same issue. There are about eight people who are alleged to have disappeared. I am sure the Senator for Laikipia will speak to this if he has any information about it. People from Marsabit are also raising the same issue. I can see Sen. Hargura nodding. This means that he affirms that even people in Marsabit County are aggrieved. This is something that needs urgent attention. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. This is an extremely important Motion that Sen. Dullo has brought before us. Listening to my colleagues; Sen. Mutula Kilonzo jnr. and Sen. Lesuuda, they continue to underline the importance. One, I think that it is not correct to say that matters of wildlife and environmental control are entirely in the hands of the national Government. This is because, if you look at the division of functions, county governments, in Part II, Section 6, are allocated the function of animal control and welfare including licensing of dogs and facilities for the accommodation, care and burial of animals. The main phrase there is “animal control and welfare.” So, if you are controlling animals and looking after their welfare including--- The inclusion was to emphasize the rule of dogs. I do not know why, but this is a very colonial mentality that local authorities look after dogs. The most important thing is that county governments are in animal control and welfare. So, Kenya Wildlife Service (KWS) cannot keep county governments away from their purview because apart from KWS, the welfare of the animals is the function of the county government. Madam Temporary Speaker, secondly, if you look at the division of functions, Section 10 of Part II, it says that county governments are also in charge of the implementation of specific national Government policies on natural resources and environmental conservation including:- (a) soil and water conservation; and, (b) forestry. Animals live in forests generally though a few live in houses like rats. If the responsibility of county governments is implementation of specific national Government policies on natural resources and environmental conservation including solar and water conservation, it is therefore very important that KWS works very closely with the county governments, so that they can fulfill their functions. The same Constitution says that the two levels of Government shall work in cooperation and interdependently in matters of wildlife conservation and environmental conservation. This is because, in any case, it is in the counties where the environment is, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, thank you for giving me this opportunity. First and foremost, I want to thank Sen. Dullo for bringing this important Motion which has really touched me. The issue of human-wildlife conflict is all over this country. It is an issue which can be addressed and solved by Kenyans and this nation. The issue of KWS officers and their engagement with Kenyans cannot be addressed unless we come up with concrete laws which will protect innocent wananchi who are butchered by KWS officers. Madam Temporary Speaker, since I was elected, over 30 men from my county are missing. I cannot name them by name today but I can table them in two weeks time. The KWS officers are employed by the Government of Kenya but they act like bandits. They act like terrorists. They act like Al Shabaab . In my place, we do not fear Al Shabaab, we do not fear bandits; we know how to deal with them because we know each other, but the KWS officers even go to pick people from their houses. That person will disappear. They butcher him and take the meat to wildlife. The human flesh is being feasted upon by lions. That is what we heard and it is real.

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

On a point of order, Madam Temporary Speaker. Have you heard the hon. Member say that they do not kill each other with Al Shabaab because they know each other? That is a very dangerous statement to make; that they know each other with

and that is why they do not kill each other. Could the hon. Member confirm if that is what he intended to say? If he knows Al Shabaab members, it is his duty as a loyal citizen of this country to report to the police.

Order, Senator!

On a point of order, Madam Temporary Speaker. It is on the same note Sen. Murungi has raised. I think Sen. Bule said that they do not fear Al-Shabaab or the bandits because they know how to deal with them and they actually know them. I think those are very grave statements from an honourable Member. You may want to give guidance on this.

Order, Senator! I was on the Chair when you made that statement and I heard you say it. I was going to ask you to substantiate, give us more details or withdraw because that is a very extreme statement.

Madam Temporary Speaker, may I say I withdraw but they misunderstood my words.

What exactly did you mean?

Madam Temporary Speaker, we are in a remote area and I know Tana River is one of the counties with the fewest people. We know how to manage ourselves and we can recognise easily who is not one of us. You can say that in Tana River County we are few and we can recognise if there is any stranger because we know each other. In fact, we have never had such a problem. We only had small clashes within us but we never had the presence of such people. We have ways of identifying a stranger. If you went to Garsen or Hola today, it will be said that there is a “brown” lady around. That is our way of identifying any criminal in our county. These guys are serious---

Before you proceed, have you officially withdrawn your earlier statement which was misunderstood?

Madam Temporary Speaker, I have withdrawn the misunderstood issue. Regarding the issue of “bandit” officers, I do not know who employed them but it is something which has really brought problems in our area. We need security officers where they should be and we also need justice and protection. I even fear these fellows. When we go to look after our animals, they confront us. Sometimes they steal animals, abduct herders and you have to give them money for them to release your animals. Sometimes they drive the animals from Tana River to Tsavo. When you hear that “suspected poachers” have been killed, it is the KWS wardens pretending that they are protecting wildlife but the same wardens are the smugglers of ivory that is being sold abroad. If we are here to protect and represent the people from our counties, we need the guidance. This is a challenge and we have to come up with a concrete solution to this burning problem. I support. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I rise to support this important Motion. The issue of wildlife is very important to this country and we appreciate it as Kenyans. That is why we have very many national parks and reserves, and we have had a history of wildlife conservation that I think is unmatched in the region. Of course, we are also aware that wildlife is the main tourist attraction in this country and, therefore, very significant to our economy. Historically, we have also had challenges in terms of dealing with not just wildlife, but those people who have been mandated to deal with wildlife. I know in the 1980s when poaching was rampant in this country, KWS had been mandated in some regions to act in exactly the same way they are now acting in Isiolo. Groups of KWS officers, complete with their transport, were roaming literally as bandits, picking up suspected poachers and instead of taking them to court, they literally executed, tortured and punished them. That exercise was the reason for the infamous burning of part of Garissa. One of those suspects was subjected to such painful torture that he ultimately ended up killing several security officers. What followed was the infamous attack on Bula in Garissa, in which Government security forces rounded up many people and burnt up the area. That history is a very dark one that we should not go back to. Madam Temporary Speaker, we should not allow KWS to behave in the manner that they are behaving. First, KWS should appreciate that their role should not just be regulatory; it should be facilitative because this is a venture that is supposed to benefit the economy. We have wildlife living side by side with humans–farmers and other people and the fact that they are living peacefully with animals is the reason why you need to reward those people. In fact, KWS needs to have corporate social responsibility which it does not have. They are literally trained as security officers who are there merely to punish. You cannot conserve wildlife when you have people whose mandate includes nothing but to torture, punish and kill. That is not the way to conserve wildlife. For ages, humans have learned to live with wildlife and there has been no problem. They learned to share even before these governments and national parks were created. I think the manner in which KWS is now exercising its mandate by behaving in the manner that it is behaving – causing the kind of suffering and pain that has been mentioned in this Motion – is regrettable. Madam Temporary Speaker, first and foremost, KWS should know that they have failed Kenyans. In fact, that institution is the single most important failure in this country today. If this Government was to act – unfortunately it does not – on those institutions which are non-performing and have failed to deliver, it is the board of the KWS that would have been dealt with. This is because in the last few months, we received reports daily of thousands of animals being killed particularly elephants and rhinos. In the research that has been done by KWS itself, it is clearly documented that over 80 per cent of the poaching is, in fact, taking place in the private parks and reserves. Not even in the public parks and yet members of those private parks or reserves are the people who sit in the board of KWS. They know when the time is good; when the prices of ivory are high. Therefore, you cannot rule out the possibility that all the extensive and massive poaching of wildlife going on could be an internal matter. There is a possibility The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I second the amendment because it is very important. This is not just an issue of land and natural resources. We have seen that there are security issues. It is not fair and in order for such things to happen. In fact, it is unbelievable that such things have been happening in our country where people who are supposed to provide protection, not only to the animals, but also to human beings around them are the ones who are engaged in extra-judicial killings. If they do such heinous activities, it is the duty of the state – through the Senate and the Standing Committee on National Security and Foreign Relations – to investigate and public officers found to be responsible should be brought to book. These are criminal activities. If anything, you cannot differentiate what officers of the KWS are doing and terrorists. Why would they kill innocent Kenyans? There is law. We have state organs that deal with anyone found to have violated any laws. If officers of the KWS claim that they are trying to contain poaching, they should not enter people’s houses. They should report and arrest them instead. We have enough The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, Sir, first, I would like to pass my condolences to the families of those who have met their deaths in these kinds of situations. These are Kenyans who are supposed to be responsible and who must have been taught about the importance of human life and yet they are the ones taking lives of human beings. Madam Temporary Speaker, I stand to support the Motion with the amendments because I know the importance of wildlife to our economy. The communities which live in areas where these animals are found have sacrificed a lot. We are pastoralists and part of those parks actually form the original community pastoral lands. Communities have even gone ahead to come up with conservancies. Isiolo is not new to wildlife conservation; it is one of the counties which benefits very much from wildlife. They have major parks like Sarova and Shaba which are manned by rangers from the county and not KWS. These people know the importance of these animals. They even have other conservancies where it is the community which takes care of the wildlife. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, this Motion is very important. This matter was raised 20 years ago, but nothing has ever been done. If you look at the HANSARD, you will realise that almost everything that has been said here was said The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I thank you for giving me this opportunity to contribute to this important Motion. First, I have to declare that I come from Meru, and Meru National Park is part of Meru County. It is very unfortunate that this incident occurred in Meru National Park. I want to send my condolences to all those who may have lost their lives during this unfortunate incident. I most welcome a fact finding mission by the Senate Committee on Lands and Natural Resources beefed up by the Senate Committee on National Security and Foreign Relations. We believe that these two committees will fully investigate this incident and go to the root of the causes of these killings on a historical plain. Meru County has not benefited from Meru National Park. It was a vibrant park in the 1970s. I remember it hosted the world famous Joy Adamson for whom movies and books have been written about the adopted lions, Elsa and her cubs. We used to have a lot of tourists when I was in high school. Indeed, we were competing with Maasai Mara but today, Meru Park is in a sorry state, we have very few local and international visitors. The Mulika Lodge which was then a four star lodge in the 1970s was burnt to the ground. We were the only park with white rhinos which were imported from South Africa. Unfortunately, all those rhinos were shot dead by bandits and Meru National Park became a no go zone for both locals and tourists for a long time until Dr. Richard Leakey became the Director of Kenya Wildlife Service (KWS) in 1980s. He is the one who rescued this park from criminals. Madam Temporary Speaker, we are very happy as Meru County because Dr. Richard Leakey has gone back as the Chairman of KWS. We believe that the past glory of Meru National Park is going to be restored like it was in 1970s. One way of doing 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.

I now call upon the Mover to reply.

Madam Temporary Speaker, I thank you for giving me this opportunity to reply. I do not intend to take a lot of time because I know that my sister, Sen. Sijeny, is on her toes. First and foremost, let me take this opportunity to thank all the Members and my colleagues who have supported this Motion. It is very important for us to be on board about all the issues and the concerns raised by my colleagues. The critical aspect that I want to mention in this is the relationship between the communities and the wildlife. That has to be dealt with. Of course, prosecution is the best option instead of shooting somebody. We have laws in this country and it is important for us to enforce the laws but not to take the law into our hands. The other aspect is that if people are killed or tortured, there is no way they will respect the wildlife as my colleague Sen. Billow has said. There must be ways of dealing with this so that people can appreciate the wildlife and benefit from it. Again, there are pertinent issues that were raised by Sen. Billow on the aspect of the Board. That is a critical issue that KWS needs to deal with. As a country, we need to support that particular aspect. Finally, I want to talk about the issue of the grass in the park. As my colleagues have said, sometimes the locals may not understand these laws. It is important for them to sensitize the communities around them. We need to understand these communities. As I said earlier, this has been done in other countries. We need to find ways of helping the communities also. Sometimes they are forced to graze in these parks because they have no option whatsoever especially when there is drought. We cannot close our eyes and say that “Keep the animals away from there.” We need to have ways of dealing with this because it is a problem that is affecting the communities and once they get in; it is a problem that affects the KWS. This is because they cannot be running up and down chasing members of the community from the park. 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.

This is a resumption of debate interrupted on Tuesday, 19th May, 2015. Sen. Muthama was on the Floor but he is not in the House and I see no requests. However, the Mover is in the House. Sen. Murungi, are you ready to reply?

Yes I am, Madam Temporary Speaker.

Very well. The Mover can reply.

Thank you, Madam Temporary Speaker. I want to make a fairly short reply because this Bill has been extensively discussed and debated by Members of both sides of this House. I take this opportunity to thank all the Hon. Senators who have given their tremendous support to this Bill during their contributions. It is very clear that the Senators want to have operational autonomy of the Senate. I think that we have also made it very clear that this Bill does not intend to change in any way either the structure or the composition of the Parliamentary Service Commission, which is a constitutional body. All that the Bill intends to do is to introduce some administrative changes and create division of labour for the Parliamentary Service Commission (PSC).The Bill intends to create two committees of the PSC; one committee to be in charge of the affairs of the National Assembly and the other of the affairs of the Senate. Madam Temporary Speaker, the National Assembly Service Committee will be chaired, as the Bill makes it very clear, by the Speaker of the National Assembly and managed through the Clerk and the staff of the National Assembly. It will be in charge of the human resources and facilities to facilitate the Members of the National Assembly. The Senate Service Committee will be chaired by the Speaker of the Senate and managed by the Clerk and the staff of the Senate, who will be separated from the staff of the national Assembly. It is expected that once we clarify what the budget for Parliament is, the portion which is due to the Senate will be administered by the Senate Service Committee. It will be in charge of paying our mileage allowances, constituency offices, committees and many more. The same will be done by the National Assembly Service Committee for the Members of the National Assembly. This is going to increase the efficiency in the provision of services to both Houses of Parliament. It is also going to reduce some of the tensions that we see between the two Houses especially where the Members of the Senate feel that they have been shortchanged and that they have not been allocated proper offices 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 are aware that the next step is voting and we do not have the numbers. Are you going to make a special request?

Thank you, Madam Temporary Speaker, for drawing my attention to that. I would like to make a request under Standing Order No.54(3) to defer the putting of the Question on this Bill to Tuesday next week when the situation in the House would have changed and we can vote for it on that day.

That is in order. We will defer it until Tuesday next week at 2.30 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.

Sen. Sijeny, the last time you were on the Floor, you had some minutes remaining.

Madam Temporary Speaker, I wish to continue. I had already engaged to some extent last time. As I had said before, the gist of this matter is to ensure that this issue of having high maternal and infant mortality rate to be a thing of the past. Kenya is at a stage where we are reviewing laws. The Millennium Development Goals (MDGs), Vision 2030 and maternal and infant healthcare is very paramount. All over the world, the reproductive healthcare is an issue which has to be determined. Why are we losing lives? There are many reasons: One of them is the so-called unsafe abortion. This is a major killer for women and young girls. Unless we handle this, we cannot succeed. We must have this law, passed and implemented to the letter to ensure that these women; young and old, within the reproductive age, who happen to find themselves in this ugly situation are saved. This Bill, having consulted widely, starts with the words “termination of pregnancy on demand is not permitted unless as provided under this Act.”

Order, Senator. I will use the provisions of Standing Order No.30 and make a ruling that for the convenience of the House, I think it is in the interest of the House, to allow Sen. Sijeny the five remaining minutes to conclude her submission so that we can move to the next stage of the Bill. So, you have five minutes.

Thank you, Madam Temporary Speaker, most obliged. Various researches have been conducted both at the national and international level. I have some reports on incidences and complications of unsafe abortion in Kenya conducted by the Ministry of Health. The Republic of Kenya has also done some research on women’s lives matters including preventing unsafe abortion in Kenya. I also have various reports which I wish to table. I have another one by the World Health Organisation, giving statistics on the rate at which women are dying and the causes. One of the major reasons is unsafe abortion. There is no way of providing health services to them because they do not get proper health facilities or services. Therefore, the recommendation is that there is need for legislation to ensure that the medical practitioners are able to treat women and young ladies. This also ensures that the women protect themselves. I wish to table.

Madam Temporary Speaker, the Government of Kenya has also done a lot. They have come up with standards and guidelines for reducing morbidity and mortality for unsafe abortion in Kenya. This is the report of the Ministry of Health in September, 2012. 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 need to conclude in one minute.

Madam Temporary Speaker, I have also looked at the adolescent reproductive healthcare development policy which was done sometime in 2003. There was an implementation assessment report done by the Ministry of Health together with other sponsors. This was done in May, 2013 and it shows that what I am talking about is real and not imagined. It just needs to be improved. I wish to table both the policy and the assessment report.

Madam Temporary Speaker, I have based my research on the adolescents from Nandi, Samburu and Busia. These are reports conducted by various institutions that support the fact that these children have been exposed to a lot of suffering. There is also a study done in Korogocho. These reports will be useful for this Bill. Madam Temporary Speaker, I had indicated about the tribunal but after a lot of consultation and consideration, the tribunal shall be deleted in this Bill because the medical practitioners have given me feedback that they have enough institutions which can handle any disputes according to the law. I wish to state that if this Bill is implemented, it is the best for this country. The adolescent deals with wholistic health and economic issues. We know that a healthy nation is a wealthy nation. We cannot address the issues as to why people die without addressing this particular group and without taking care of the health of the people. With those few remarks, I beg to move that the Reproductive Healthcare Bill (Senate Bill No.17 of 2014) be read a Second Time.

When it is next on the Order Paper, it will be time for Sen. (Prof.) Anyang’-Nyong’o to second.

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate, therefore, stands adjourned until Tuesday, 26th May, 2015 at 2.30 p.m. The Senate rose at 6.40 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.