Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.40 paragraphs 3 and 4, I have received the following message from the Speaker of the National Assembly regarding the approval by the Assembly of the mediated version of the Environmental Management and Coordination (Amendment) Bill, (National Assembly Bill No.31 of 2014). “Pursuant to the provisions of Standing Order No.150 of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly; Whereas the Environmental Management and Coordination (Amendment) Bill, National Assembly Bill No.31 of 2014 was referred to a Mediation Committee in accordance with the provisions of Article 112(2)(b) of the Constitution; Whereas the National Assembly on the 26th May, 2015 considered and approved the mediated version of the said Bill as required under Article 113(2) of the Constitution; Now therefore, in fulfillment of the provisions of Standing Order No.150(4)(b) of the National Assembly Standing Orders, I hereby convey to the Senate the said decision of the National Assembly.” Hon. Senators, as you are aware, this is one of the Bills with a Constitutional timeline of 27th May, 2015 which is tomorrow, Wednesday. You will also note that the report of the Mediation Committee on the Environmental Management and Coordination The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, hon. Senators! Are there no Statements today? What is happening to the Committee on Finance, Commerce and Budget? Yes, the Senate Minority Leader.

(Sen. (Dr.) Wetangula): Mr. Speaker, Sir, mine is listed under 2(a). PLANS TO OPEN MORE CONSULATES IN USA TO SERVE AS POLLING CENTRES

Where is the Chairperson, Standing Committee on Legal Affairs and Human Rights? Where is the Vice Chairperson, Sen. Sang?

Mr. Speaker, Sir, the Chairperson of the Legal Affairs and Human Rights Committee is still not around. We, as a Committee, are concerned that even after obtaining a commitment by the Attorney-General that a response to this statement would be supplied to us within a week; this is the second week and we are yet to receive the statement from the Attorney-General. Following the advice of the Senate Minority Leader, it is not the work of a Committee Chairman to run around the corridors of the Ministries and the Attorney-General’s Chamber. Mr. Speaker, Sir, I seek guidance on whether I can still be allowed more time to solicit for this Statement from the Attorney-General himself and I will gladly do so tomorrow. I will also try to catch him in his office tomorrow. If the position is still as we were guided by the Senate Minority Leader that we should not be running around these offices, I guess we can still pursue this matter using the official channels through our Clerks. I will be guided by the Chair. However, we, as a Committee, are frustrated by the pace at which the Attorney-General’s Office responds to our issues.

Mr. Speaker, Sir, that explanation from the distinguished Senator is mischievous, to say the least. He started by saying that the Chairman of the Committee is not here. He then went ahead to make unhelpful prepositions as to why the statement is not here. The absence of a Chairman of a Committee is no bar from business being transacted in this House. The Committee is not about a Chairman, but Members. Quite often, you will direct any Member present from the Committee to transact business. 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. Is the Senate Minority Leader in order to suggest that my response was mischievous? I was just stating that the Chairman of the Committee is not around. That is why I was stepping in as the Vice Chairperson. There is no mischief in that. However, I also said that we have tried through the official channels to push for the Attorney-General to supply us with this Statement. However, that has not been forthcoming. If this House allows us to go to the doors of these offices so as to solicit for these Statements, I will be willing to do so tomorrow. I will look for the Attorney-General and indicate to him that the commitment he gave that we would get the Statement within one week has not been fulfilled by his staff. That is something I can do tomorrow. However, that does not mean that I will get the Statement tomorrow. I am just making an undertaking that I will try to reach the Attorney-General tomorrow and see whether I can get the statement.

So, when do you want to give us the Statement?

Mr. Speaker, Sir, I should report progress on whether I can give the Statement tomorrow.

What is it, Sen. Khaniri?

Mr. Speaker, Sir, I am sure you heard the hon. Senator saying that he is even ready to go and beg, knock doors of a Cabinet Secretary to get a Statement. It should be noted here that nobody is doing us a favour by bringing these statements to this House. It is our constitutional right. The Constitution gives us powers similar to the powers of the High Court under Article 125 of the Constitution, to summon anybody. Is he in order to imply that he will be going to beg for statements when he knows that he has powers to summon these people to give these statements and evidence?

On a point of order, Mr. Speaker, Sir. In fact, I hoped that the Chair would come to my defence when I said on the Floor of this House that Members and chairmen of committees should not go and prostrate themselves before Cabinet Secretaries to get statements to this House. I was not advising any Committee not to discharge its functions, but I was simply having Article 125 that Sen. Khaniri has quoted in mind. You invite them and if they do not show up, you summon. If they do not turn up, you have sanctions. Why would the distinguished young Senator who is a lawyer by profession want to look so meek in the face of the law when the law is there to defend him?

Sen. Wetangula, I am sure by reference to the “Chair” you meant the “Speaker”. I remember very well the day you raised that matter and the Speaker actually came to support you. That was in the matter related to Sen. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. I am just concerned that we are continuously being seen to be helpless as regards the responsibility of the Executive to the Senate and to Parliament as a whole. We like citing Article 125 which I think is an important one in relation to the responsibility and obligations of the Cabinet. However, the more appropriate Article is 153 of the Constitution which makes it an obligation for Cabinet Secretaries to attend before a Committee of the National Assembly, or Senate. They have no choice. The words used are “shall attend before a Committee of the National Assembly, or the Senate when required by the Committee.” There is no question of discretion or choice on the part of the Cabinet Secretary. When part of the Executive, including the Ethics and Anti- Corruption Commission (EACC), gives summons even to Senators to appear, we appear without any doubt in our mind that they are discharging a function. When it comes to the Senate, it looks like the Cabinet Secretaries have a matter of choice. I hope that at one point and as requested by the Senate Minority Leader from your seat, you can make this situation clear to the Cabinet that it is not just being summoned as witnesses, but it is part of their constitutional obligation. The other issue which gives this statement a very important dimension is that an officer of the IEBC has already said that they do not recognize what the Cabinet Secretary said with regard to this matter and yet there has been no reaction to that statement by the Executive. This means that the Executive is trying to show us that they interfered with the last elections like they want to interfere now. Therefore, this matter requires a quick reaction because all legitimacy of republican governments comes from elections. This is not a matter that should be left in abeyance.

Mr. Speaker, Sir, I stand guided. We will invoke all the necessary and available constitutional provisions and any supporting legislation. I will also invoked my senior status in the Jubilee side of Government to ensure that we have a statement in the shortest time possible that addresses all those issues.

Mr. Speaker, Sir, if you listened carefully to the remarks of Sen. Orengo, he alluded to the fact that the current Government wants to interfere with the next elections. Could Sen. Orengo substantiate that allegation?

Sen. (Dr.) Machage, there is really no issue before the House. That is an issue that can be addressed when the Statement is brought. Sen. Orengo just raised his fears that it could be possible that the delay was as a result of that. I do not think you expect the Vice Chairperson of the Committee to start giving the House speculative responses. 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 said that they want to do it like they did it in the last elections. If I am given an opportunity to say how they did it, I am quite free to do so. However, I stand guided.

Sen. Orengo, you shall be guided here, but my problem is really procedural. There is really no matter before us. We really do not want to lose the very important Statement sought by the Senate Minority Leader by starting to engage in other things. Your issues can be addressed when that Statement is properly before the House so that we have a matter that we can really speak to. I hope Sen. (Dr.) Machage was not holding brief for anybody else. Sen. Sang, you have immense powers, not imaginary, but real powers, which are enshrined in Articles 125 and 153(4). In fact, Article 153(4) says Cabinet Secretaries should give Parliament regular reports. Given that we are dealing with the office of the Attorney-General of the Republic, he owes it to the country, unto himself and the office and his professional colleagues, to just do the right thing. So, give us a report by tomorrow. In any event, we want that Statement latest Thursday.

On a point of order, Mr. Speaker, Sir. Sen. Sang said that he is a senior member of the Jubilee administration. Whereas I have a lot of respect for him and if he cannot get a statement from one Cabinet Secretary, does his seniority count for anything?

What is it, Sen. Wetangula?

On a point of order, Mr. Speaker, Sir. Have you noticed that repeatedly as the proceedings are going on, Sen. Njoroge has kept on raising his hand as if he is in a classroom?

We have gadgets here that would trigger the Speaker to catch his eye. Unless he was saluting what was going on---

Order, Senators! First, Sen. Njoroge raised his hand, but it was not as dramatic as is being portrayed by the Senate Minority Leader. Secondly, the Senate Minority Leader is the least qualified to question gestures of communication. He has also been using the verbal one repeatedly and loudly.

At least by raising the hand, there is no other noise being made. Proceed, Sen. Njoroge.

Mr. Speaker, Sir, I know that I have stretched my hands about three times. I have gadgets here and I can use them. It is already pressed. So, I was not 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 intimated that my screen is clear and clean. I suspect and given that most of you have been on a voice communication mode, I deduce that the gadgets may not be working. There is nothing on my screen. All the time I have given Sen. Sang the chance to speak, nothing was reflecting on my screen. That was my understanding.

What is it, Sen. Njoroge?

Mr. Speaker, Sir, since I have understood that the gadget is not working, I have decided to use my hand. Last week on Thursday---

In the meantime, the technicians need to look at my gadget. ESTABLISHMENT OF A BATTERY ASSEMBLY FACTORY IN NAIVASHA

Mr. Speaker, Sir, last week, I was to get a reply to a Statement which I had sought three weeks ago regarding the multi-million shillings battery assembly factory in Naivasha, Nakuru County. The reply could not be made on Thursday because of time. Therefore, I request that you intervene so that I get the reply from the Committee on Health.

Sen. Njoroge that one can be done at the end of the listed statements. We will deal with the listed statements first, then we come to your statement. Proceed, Sen. Adan. IMPLEMENTATION OF MALKA DAKA IRRIGATION PROJECT IN GARBATULA

Mr. Speaker, Sir, I have two Statements that are ready. If you allow me I will issue them. There was a statement request that I made to the Committee on Agriculture, Livestock and Fisheries on the Malka Daka issue. I believe that the Chairperson is not here, but the Vice Chairperson is here. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Proceed, Vice Chairperson. Which Committee was that?

Mr. Speaker, Sir, it was the Committee on Agriculture, Livestock and Fisheries.

Proceed, Sen. Ndiema.

Mr. Speaker, Sir, we had the chance to summon the officials of the Ministry on the issue of Malka Daka Irrigation Scheme. The Senator had the opportunity to attend and interrogate the matter. The main issues that were pending on that day were; why it appeared that two pump houses were being constructed---

Order, hon. Senators! Vice Chairperson, the Member only wanted to know. If you are not ready, you will come back to the House later. We cannot prosecute Committee business on the Floor. Order, let us hear from the Vice Chairperson first. Proceed, Sen. Ndiema.

Mr. Speaker, Sir, I was just bringing the background. We held the Committee meeting. We summoned the officials of the---

Order, Vice Chairperson! Give us the conclusion first then we will know whether to go for the background or not. Are you ready to respond to her or not?

Mr. Speaker, Sir, yes; I am ready. They will go there in September.

Mr. Speaker, Sir, I do not know whether I should respond to my brother. He has all the information. We were dissatisfied with the presentation after interrogating the Ministry officials. The Committee agreed to give the Ministry up to September to finish what they are doing so that we can go to the ground. I thought that is what he should have reported here for the purpose of the HANSARD. Mr. Speaker, Sir, if you allow me---

Order, Senator! That is exactly what he has said finally. He said the Committee will be visiting the county in September. I suppose that is after getting the necessary information from the Ministry. You may now proceed with other Statements. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I have two Statements to make. The first one is with regard to a request by Sen. (Eng.) Muriuki. He wanted to know the objective of the visit to the United States of America (USA) by His Excellency the President. I have shared this Statement with him. Mr. Speaker, Sir, His Excellency the President was invited as a key speaker to the 2015 Milken Global Conference which was scheduled for 26th April to 29th April, 2015. The Global conference brings together intellectuals and leaders to explore solutions to challenges in financial markets, industry, health, government and education. This year’s conference aspired to increase global empowerment by advancing collaborative solutions in capital creation of employment and improved health, through independent data-driven research and innovative policy initiatives. Specifically, the strategic value of the conference laid its potential to catalyse global investment in infrastructure and the development of our common markets in Kenya and East Africa broadly, hence, the intended representation by His Excellency the President and President Kagame of Rwanda. Mr. Speaker, Sir, His Excellency the President was going to be the headline speaker at the three major events; Corporate and Investor Roundtable, Global Overview Plenary and Sub-Saharan African Panel: The State of Affairs - a perspective from the Heads of State. In addition to holding private conversations and interviews to position Kenya and East Africa, His Excellency the President was going to meet the film industry in Hollywood to help revamp the film sector in Kenya. The visit was also going to include a tour to the Los Angeles Ports Authority. Los Angeles recently made major renovations and upgrades to the ports, similar to what Kenya is aspiring to do with the Port of Mombasa. Mr. Speaker, Sir, secondly, the Senator also wanted us to indicate the scheduled itinerary of His Excellency the President during the said visit. The scheduled itinerary was: Nairobi to Dubai, 23rd April, 2015, at 1700 Hrs, by special aircraft; Dubai to Los Angeles, 24th April, 2015 aboard Emirates at 0855 Hrs; Los Angeles to Dubai, 29th April, 2015, aboard Emirates, at 1645 Hrs, arrival in Dubai on 30th April, 2015 at 1935 Hrs and Dubai to Nairobi, 1st May, 2015 at 1400 Hrs. Mr. Speaker, Sir, part (c) of the question wanted an explanation as to why the flight by His Excellency the President had to abort midair. The decision was taken by the pilot due to information about escalated military activity over Yemeni airspace. Mr. Speaker, Sir, part (d) of the request reads:- “State the number of persons in the aborted flight and steps taken to ensure their safety after the flight aborted.” 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 think I was entitled to a copy of that statement before it came to the House. Sen. Dullo said that it was shared, but she actually came, showed me and went away, for which I thank her. A number of aspects of that statement are fairly casual. For example, it says that the flight was aborted because the pilot decided to come back. A pilot is not in charge of an aircraft only when it is in air. He or she starts during the planning stage. He or she is the one who actually determines the route. Therefore, to say that they were not aware there was a warzone in Yemen and hostility between Ethiopia and Eritrea and so they returned, is to be very casual. Could the Vice-Chairperson go and come back with a more comprehensive answer? How come the plane carrying our President was planned to fly over an active warzone, knowing that only last year a Malaysia passenger aircraft was actually shot down in Ukraine for simply flying over an active warzone? Regarding what steps are being taken to ensure that, that kind of scenario does not happen again, it is very casual to say that nobody was found responsible. We want to know how that happened in the first place. You go all the way and then discover midair that there is war ahead. Lastly, to say that no disciplinary action was taken against anyone, is to suggest that the decision by the pilot to come back was again quite casual, if there was no problem. 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.

Vice-Chairperson, just note the issues. Sen. Wetangula.

Mr. Speaker, Sir, allow me to get embarrassed on behalf of Sen. Dullo for coming to read such a statement to this House. Mr. Speaker, Sir, when she tells this House that we lost nothing, is she aware that even an image loss is a loss? A country puts its President in the air and casually turns back and then we are told that we lost nothing. Since that incident, we have had three contradictory statements coming from the Executive. We were told that the plane turned back because it was going to fly over Yemen, which was a warzone. The war in Yemen did not break out that night. Yemen has been on fire for the last several years. Later, we were told that it was not Yemen, but Ethiopia that made it difficult for the plane to proceed and yet we know that planes are flying in and out of Kenya over Yemen. In fact, yesterday but one, Sen. Orengo and I came on an Emirates aircraft from Dubai. We flew directly over Yemen. Could the Vice-Chairperson tell this House if it is not a fact that those who lured the President to go to this meeting in Los Angeles did not disclose to him that a notorious Wall Street criminal, who has even been to jail, was the one who was on the forefront of organizing this meeting and they realized that at the last minute? To save the President embarrassment, they turned round midair to come back to Kenya and start duping Kenyans that it is because there was conflict in Yemen, which everybody knew has been there for the last three years.

Please, proceed, Sen. M. Kajwang.

Thank you, Mr. Speaker, Sir. That statement has revealed something that many Kenyans were not aware of; that the President was scheduled to go to Hollywood around the same time when people were dying in Kenya. That is extremely unfortunate. For some reasons, I feel happy that the President did not make it to Hollywood when our children were being killed in Garissa. Mr. Speaker, Sir, more specifically, I would have wished that the statement told us a number of things. One, it has been reported that the President had been dropped from the detailed programme. If you go to the Milken Institute website, where the detailed programme for that workshop has been posted, the President is not listed. The only other person from Kenya who is listed is Mr. Bob Collymore. Could we get a confirmation that the President turned back because he had been dropped from the programme? Secondly, is it possible for us to get a confirmation that on the same night, how many other flights made it successfully to Dubai through that route? Why is it that it is only the President’s flight that was turned back? We have also been treated to press reports that the Ministry of Foreign Affairs had sent a protest note to Ethiopia and summoned the Ethiopian Ambassador to Kenya. Could we get that confirmation? Thank you.

Please, proceed, Sen. Billow. 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 had pressed the button earlier when it was not working. I am sorry.

Thank you, Mr. Speaker, Sir. The history of African Presidents and tragedy is well known. We know that at one time, a President of Mozambique was killed by having his plane bombed in air. We also know that the Presidents of Burundi, Rwanda as well as Sudan had the same fate. Is it possible that this was an assassination attempt, cleverly planned and executed, to kill the President of the Republic of Kenya under dubious circumstances? Secondly, who were the planners of this journey, who did not know that the President’s flight would go through a warzone? Thirdly, is that the only path to The United States of America (USA) from Kenya?

Thank you, Mr. Speaker, Sir. Normally, when it comes to travel of a Head of State, I think that there is standard protocol. For a Head of State to go through a warzone there should either be a military escort by aircraft, whether from the domestic country’s own national air force or any of the authorities which are in control of that airspace. We really need to understand what the protocol is in terms of the safety of the President in Kenya. Does he travel anyhow in any warzone to the extent that it is left to the pilot to decide midair that there is increased military activity? What other equipment does he have in the aircraft to know whether there is, indeed, increased military activity? Mr. Speaker, Sir, this is very important because under Section 40 of the Penal Code, it is treason to imagine or even conceive the death of a President. I do not want to see a situation whereby through carelessness or recklessness we lose a Head of State. There maybe somebody very ready and available to assume that office, but law and behold, I would rather have the one there.

Order, Sen. Orengo!

Mr. Speaker, Sir, I thought that I was making a valid point.

Truly speaking, I would rather have this Head of State than any other if he has to come from the Jubilee Coalition. That is why I am asking this question. Secondly, I think that we should not take for granted what the Senate Minority Leader has said; that it has been in the media that the host of that conference is someone by the name Mr. Milken. That gentleman was prosecuted and jailed for more than ten years for internal trading inside the Wall Street, more that 20 or 30 years ago. We want to know under what circumstances some conman can come to put a case to the President and tell him that there is a nice meeting in Los Angeles where he is likely to meet Mr. Harrison Ford and make business out of the trip. Is there some standard rule to ensure that the President only goes to meetings which have been organized in a certain fashion? I plead with the Vice Chairperson that we have proper answers to these questions. Otherwise, we may wake up one day and find somebody else, who wears a turban, as President of the Republic of 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.

Thank you, Mr. Speaker, Sir. Mine is to request to a clarification because the last part of the Vice Chairperson’s answer, said that nobody has been held responsible. She also said that the pilot decided to turn back. In the recent past---

Order, Senator! Just ask for the clarification. You had started very well.

Mr. Speaker, Sir, we want to know why the pilot decided to turn back, and nobody has been held accountable.

I am going to take the last clarifications from Sen. Abdirahman, Sen. Ndiema and Sen. Mutula Kilonzo Jnr. Please, proceed Sen. Abdirahman.

Thank you, Mr. Speaker, Sir. I heard my sister, Sen. Dullo, say that we have not lost anything. We actually lost colossal amounts of money. Presidential trips are expensive. The fact that this trip did not materialize means that we lost so much of the tax payer’s money. Secondly, representation by the Cabinet Secretary, Mr. Fred Matiang’i, is not the same as representation by the Head of State, in any kind of meeting, especially where you have mentioned the various levels. Is Government considering action against those who had planned this aborted trip?

Mr. Speaker, Sir, will I be in order to request that the Committee thoroughly interrogates and investigates that matter because it is very serious? To say that there was no cost does not suffice. There certainly must have been cost in planning such a trip. Secondly, in view of the danger that has been alluded to against the life of none other than the President and his entourage, I think that the Committee would do better to interrogate this issue further and even call the pilot to ask him whether it is actually him who solely decided to come back. We have heard so many conflicting reports.

Order, Senator! You have put your case. Please, proceed, Sen. Mutula Kilonzo Jnr.

.: Thank you, Mr. Speaker, Sir. This incident is embarrassing to this Republic. I want to remind the people who think that they own the President that he is actually a symbol of national unity and he does not belong to Jubilee. This is a serious matter. It is possible that the persons who planned this function and whatever it is that they did, are attempting to hide. This Senate may be the only recourse of saving the Head of State the embarrassment that he was caused of having to come back to Kenya and summon his Cabinet Secretary in charge of Foreign Affairs. In terms of clarifications, I would suggest, just like Sen. Ndiema has suggested, that this matter needs a serious enquiry. Of all the enquiries that we have had under the Commission of Enquiries Act, this is one of them that the Senate must conduct. If not for anything, but to save this Republic the embarrassment of our Head of State who returned to this Republic and then retreated to Sagana in sheer embarrassment of the Government that he is leading. 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.

Mr. Speaker, Sir, I wonder whether it is by mistake or deliberate that the television today is being switched on and off. I have never seen that before.

Let me find out.

Mr. Speaker, Sir, I would like to seek one clarification from the Vice-Chairperson. She said nothing was lost, but we know that when these trips are planned all those who go for the trip are given per diems or imprest. Is she saying that they have all surrendered? I also want her to substantiate because she said we lost nothing. People must have received imprests and hotels booked. Does it mean that they have surrendered the money?

Mr. Speaker, Sir, I would like to respond to the concerns raised by my colleagues. I appreciate that the concerns are valid. Nevertheless, some of the issues that were raised are pegged on rumours from the media. We do not have to listen to rumours, especially the concerns raised by criminals on the issues between Ethiopia and Somalia. That is information from the media. I am not in a position to respond to that. The Committee will further clarify the concerns raised by Members, but let me confirm to Sen. (Eng.) Muriuki that I have not mentioned anything about Eriterea. In terms of representation in the conference, we lost nothing. In terms of imprest for officers, the Minister represented the country. Of course, it might not have been effective. However, in the circumstances, he represented the country. In terms of finances, I cannot answer as to whether it was surrendered or not. Again, there are many other concerns which I might not be in a position to answer. We, as a Committee will meet and discuss on how to deal with the issue and report to the House.

Mr. Speaker, Sir, I have two points to make about this issue. First, Sen. Adan has offered to go back and get comprehensive answers. But alongside that, I suggest that the Chair orders the Committee on National Security and Foreign Relations to investigate this matter specifically. After the pilot casually decided to come back, could they also find out at what stage was the President actually informed that they were headed to Nairobi?

Mr. Speaker, Sir, as I said earlier, we are going to investigate and also respond to the issues raised by Sen. (Eng.) Muriuki.

On a point of order, Mr. Speaker, Sir. What is your direction? Is the gracious lady going to bring a further statement or is the Committee going to investigate the matter and bring a report? Will they bring it in form of a Motion so that the House can debate it? What is your direction because she has avoided answering any single question that was asked on the Floor of the House on the matter? All she has said is that she is going to look for information. Is the Committee going to carry out an inquiry or is she going to bring a further statement?

On a point of order, Mr. Speaker, Sir. There is no “gracious lady” in this House, at the moment. 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. (Dr.) Zani. You seem to be speaking with finality. Who are you referring to?

I think a Senator should refer to another Senator as “Senator so and so”, but not as “gracious lady”.

That is correct.

Mr. Speaker, Sir, I meant “the distinguished gracious Senator”.

Order, Sen. Wetangula! That is what you meant, but not what is supposed to be. The Standing Order is very clear.

Mr. Speaker, Sir, I would request the Senate Minority Leader to withdraw that remark because according to our Standing Orders, we are supposed to call each other Senators. There are no “gracious ladies” here.

Mr. Speaker, Sir, I am shocked at this rejectionist philosophy creeping into this House. A distinguished gracious lady Senator is not offensive, unless she is denying any association with grace.

Order, Sen. Wetangula. The Chair has no problem when you use words that describe and are accepted. However, when there are protests, we have no recourse, but to the Standing Orders. The Standing Orders are very clear, elaborate, simple and plain. Standing Order No.90 (6) states:- “A Senator shall refer to another Senator by the title Senator (name of the Senator)” I want to believe that the first Senator is you and the other Senator is Sen. Adan Dullo. That is simple. There is no gracious, lady or grace. Why can you not do it; just leave it as it is and we proceed?

On a point of order, Mr. Speaker, Sir. This Standing Order is not put in the negative. It does not say you shall only refer to another Senator as Senator only. It just says you shall refer, but it does not say you shall not refer. There is nothing put in the negative. So, it is not exclusive. The rules of interpretation are very clear.

On a point of order, Mr. Speaker, Sir. Ever since I met Sen. Dullo, I always thought she was a very gracious lady. Am I now being asked not to think so?

Mr. Speaker Sir, the Standing Orders also give allowance for tradition and custom. We have referred to some as “Learned Senator”. When the Senator for Bungoma referred to Sen. Adan as gracious, she did not object. I do not see why Sen. (Dr.) Zani objected. We have always referred to her as “Dr.” we should just refer to her as “that one”.

Order, hon. Senators! I am afraid that with all the spirited defence that you have given to the Senate Minority Leader, it cannot work before the Chair. With all due respect to the Senior Counsel, whom we all defer--- 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, you have guided the House by reading the Standing Orders selectively.

If you went to Standing Order No.90(3), what is offensive is where you use offensive or insulting language in respect of a senator or another person. Mr. Speaker Sir, I speak very good English and I am quite well versed with the language. I have never known “grace” to be insulting or offensive. That notwithstanding, I also visit Standing Order No.90(6). It does not say: “A Senator shall only refer”. It simply says: “Shall refer”. That means that there are many ways of applying it. The Constitution is very clear that: “This Constitution shall be interpreted broadly and liberally.” These Standing Orders emanate from the Constitution. When I said, in reference to the distinguished nominated Senator, that she was gracious, she smiled broadly in appreciation until the distinguished nominated Senator from my own side incited her to revolt against ---

Order, Sen. Wetangula!

Mr. Speaker Sir, I withdraw.

By the way, Sen. Wetangula, you are now dealing with the Chair and not those others. The Chair has guided the House and all of you are subject to the guidance of the Chair. There is no amount of meandering that will salvage you from the word “shall”. In 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, let us cut a long story short. I will never imagine or even think of grace in relation to any of my colleagues here. I withdraw.

Mr. Speaker Sir, I think we have concluded that. I have another statement requested by several Senators.

Order, Senators! Sen. Adan, just assume your seat. In a way, I would have allowed the Senate Minority Leader to suffer the consequences of his own actions. However, since the Chair cannot act with favour or fear, I will still discharge my responsibility without fear of favour. First, I confirm that the Vice-Chairperson of the Committee actually confirmed that you have interrogated the Statement further and raised fundamental issues which the Committee is going to interrogate further. That is the request of other Senators who interrogated the matter. Although the direction was solely needed under the circumstances, it was not necessary because there was a kind of consensus. Since it was requested, I will direct that the Committee interrogates the matter further and tables the Report to the House. Get it ready by the time we resume. Proceed, Sen. Adan. SAFETY OF KENYANS IN BURUNDI

Mr. Speaker Sir, I want to respond to another Statement on Burundi that was requested by several Senators. Sen. Wetangula, Sen. (Prof.) Lesan, Sen. Ndiema, Sen. Hassan, Sen. Obure, Sen. (Prof.) Anyang’-Nyong’o and Sen. (Dr.) Khalwale, pursuant to Standing Order No. 45(2)(b), at a sitting of the Senate held on Wednesday, 14th May, 2015, asked the following supplementary questions from the Standing Committee on National Security and Foreign Relations: First, what is the estimated number of Kenyans working in Burundi? There are about 600 Kenyans registered with our Embassy in Bujumbura. It is, however, to be appreciated that there could be many more since registration with the Embassy is a voluntary one. As has been the case in the past, I take this opportunity to appeal and encourage Kenyans to register with the nearest embassy or the nearest consulate whenever they travel or reside abroad. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, hon. Senators! Before I allow the Senate Minority Leader (Sen. Wetangula) to interrogate the business, look at your Order Paper. Order Nos.9 and 10 are deferred. Order No.11 is a Division. Order No.8, as I had communicated earlier, requires sizeable numbers. Therefore, I hope somebody is working on the numbers. THE PUBLIC FINANCE MANAGEMENT (NATIONAL GOVERNMENT) REGULATIONS, 2015

Mr. Speaker, Sir, I have listened to the long discourse by the Vice Chairperson; it is gratifying to hear and note that no Kenyan has either died or been harmed or at least, there is no record of such in the events unfolding in Burundi.

Mr. Temporary Speaker, Sir, the crux of the matter is that the President of Burundi – who is, for your information, a very close personal friend to me and I know him pretty well – is insisting on going for a third term. Could the Chairperson tell this House the position of Kenya as a critical trading partner with Burundi in whose interest peace and security in Burundi is paramount for us to continue trading? Recently, we had a bizarre statement from our President urging the President of Burundi to postpone elections. I call it “bizarre” because the issue in Burundi is not when elections are to be held. Mr. Temporary Speaker, Sir, the issue in Burundi is not when elections are to be held, but whether or not the President can go for another term contrary to the provisions of the Constitution of that country. What is the position of our country and our 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, in 2008 after the post election violence, the President of Tanzania was not ashamed and neither was he afraid to request President Kibaki to share power in the interest of the region and Kibaki did it. I recall that President Uhuru was one of the beneficiaries of that power sharing. He became Deputy Prime Minister in charge of finance. Could the Chairman tell us; in view of that history that Uhuru became a beneficiary, in view of the fact that Uhuru is a personal friend of Nkurunzinza, why is he not building sufficient courage to face Nkurunzinza and tell him to respect the constitution so that Uhuru can be put on record as somebody who is promoting constitutionalism in the region? Could the Vice-Chairperson tell us whether this is because these young presidents of East Africa are all students of Museveni who is currently attempting to perpetuate himself for life and now he wants to infect the other Presidents?

Mr. Temporary Speaker, Sir, I would like to know from the Chairperson whether what is being contested in Burundi is clear. I know the Senate Minority Leader has said that the statement issued by the Head of State was bizarre, but I do not think it was so, because I think the whole situation is bizarre. President Nkurunzinza is claiming that he is not running for the third time because the first time he was in power in Burundi it was by an arrangement and not via an election and that this time he wants run for a second time and not a third time. In fact, that is what is being contested in that country. Mr. Chairman, Sir, we should not ignore these facts and assume that there is no issue at hand. The people of Burundi need to be given time for negotiation and that is precisely what the President of this county has been saying. They should postpone the election for a while to understand why he is seeking another term. We are interested in what is going on in Burundi and that is why we should be cautious. We do not want to inflame the Burundi issue in case the consequences affect us as we have indicated before.

): On a point of order, Mr. Temporary Speaker, Sir. As per Standing Order No.91, we are explicitly reminded not to discuss the conduct or character The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Temporary Speaker, Sir. I do not understand what the distinguished Senator for Migori County is asking because nobody is discussing the personal conduct of the President of Burundi. We are talking about his discharge of his constitutional responsibility in relation to an event that is so critical to the country. This is an event that has a bearing to the security, comfort and peace of this country. That is not discussing the personal conduct of a president. We are asking about events unfolding in a country that is friendly to Kenya and hosts Kenyans. We have a duty to demand to know whether in the event something happens, we can bring Kenyans back to Kenya. We are not talking about his being a member of Hallelujah Football Club, his family, how he chairs his cabinet meetings, how he swims or anything personal. I would request that you rule the distinguished Senator for Migori who is a very good friend of mine and a Member of my team, out of order.

Hon. Senators, as you rise on points of order, I would like to refer you to Standing Order No.90. So, let us restrain ourselves.

On a point of order, Mr. Temporary Speaker, Sir. Whereas I respect my leader in politics and in the House, I would like to remind him to change his spectacles for better vision and read Standing Order No.90 which talks of any conduct and not personal conduct. I can lend him my spectacles.

I know how important that point is, but because of time we should restrain ourselves as per Standing Order No.90.

Mr. Temporary Speaker, Sir, we have not discussed the conduct of any President.

I know you have not discussed the conduct of the President of Burundi, but you have referred to him and maybe that is the reason the hon. Senator wanted to caution the Senators. Let us observe time. Every hon. Senator has one minute.

Mr. Temporary Speaker, Sir, just as a matter of seeking further clarification to that statement, I think the world is evolving towards having partnerships based on common values, democracy, human rights and the rule of law. I think whatever happens in one country impacts on another. When elections were stolen in Kenya in 2007/2008, we started this framework of a power sharing agreement. Zimbabwe stole an election immediately thereafter under the same formula. Finally, in Cote d’Ivoire President, Gbagbo, tried to rig an election with the hope of power sharing. Now, we are seeing an emerging trend in Africa, particularly Eastern Africa where people are protracting their stay in power. This can serve as a very dangerous precedence. The laxity with which the Eastern African leaders are addressing these issues shows complacency to a point where we need, as the people of Kenya, to be reassured that when it comes to time for exit, those in power right now will exit without borrowing precedence from these other rulers. It is raises concern that the Eastern African regional 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 will not take much time in responding to most of the issues raise here. First and foremost, Burundi is a sovereign State. It has a Constitution that guides and directs how they should govern themselves. Secondly, it does not require President Uhuru Kenyatta to advise them. However, as a member of the East African Community, we are guided by certain rules and regulations. Ours is to advise according to our engagement. Finally, in terms of preparedness, the Ministry is ready. If it is not adequately provided for, we, as a Committee, will look into that and make sure that wherever Kenyans are, they are safe.

Next order.

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

Who is “temporary five”? Proceed, Senator.

It is me, Mr. Temporary Speaker, Sir. A while ago, I had been promised by the Speaker that a reply to a Statement from the Committee on Health which I have been waiting for, would be given. I am still waiting for it. That is why I had pressed the button. It is only that it is “temporary five” and not my name. So, I am still waiting for that reply as I had been advised by the Speaker.

Hon. Senator, because of time, we must dispense Order No.8 today. Will you mind to hold on up to tomorrow, please?

Mr. Temporary Speaker, Sir, I can wait, but this has been postponed severally. Even last week on Thursday, it was postponed. I remember that I had requested that earlier and I wanted to be in the House when that statement is being replied to. It is my prayer if you would kindly allow me to get the reply.

Okay, because of time and I know that it was not even listed on the Order Paper, please, just wait. I know that we will require the numbers when it comes to Order Nos.8 and 11. I request Sen. (Dr.) Machage to be in the House tomorrow, God willing, and make sure that he gives the reply. Next order, please.

Mr. Temporary Speaker, Sir, ---

Order, Sen. Khaniri. I had requested the Clerks-at-the-Table to read out the next order.

Yes, they did. 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.

Then you are in the right place. You can continue.

Mr. Temporary Speaker, Sir, I beg to move:- THAT, this House approves the Report of the Mediation Committee on the Environmental Management and Coordination (Amendment) Bill (National Assembly Bill No. 31 of 2014) pursuant to Standing Order No.155 laid on the Table of the House on Thursday, 21st May, 2015. Mr. Temporary Speaker, Sir, first of all, allow me to thank the Speaker for appointing me to this particular Committee. The Mediation Committee on the Environmental Management and Coordination (Amendment) Bill (National Assembly Bill No. 31 of 2014), was constituted by the Speaker of the National Assembly pursuant to Standing Order No. 141(2) of the National Assembly Standing Orders and the Speaker of the Senate on 29th April, 2015 and 6th May, 2015, respectively. The Members of the Committee were:- 1. Sen. Lenny Kivuti who was unanimously elected as the Chair by Members from both the National Assembly and the Senate. 2. Hon. Amina Abdalla, MP – Vice Chairperson. 3. Sen. George Khaniri - Member 4. Hon. Ronald Tonui, MP – Member 5.Hon. William Kamoti, MP – Member Mr. Temporary Speaker, Sir, the Mediation Committee derives its mandate from Article 113 of the Constitution of Kenya, the National Assembly Standing Order No. 149 and the Senate Standing Order No. 154. The Committee was established to develop a version of the Environmental Management and Coordination (Amendment) Bill (National Assembly Bill No. 31 of 2014) and in particular Clauses 10, 20, 23 and 25 that would be presented to both Houses for approval as provided for under National Assembly Standing Order No.149(6). The specific Clauses of the Bill that were in contention were Clauses 10, 20, 23 and 25. The Committee held its first meeting on 13th May, 2015. As I said, they elected Sen. Kivuti and Hon. Amina Abdalla as Chairperson and Vice Chairperson, respectively. The Committee thereafter deliberated on Clauses 10, 20, 23 and 25 of the Environmental Management and Coordination (Amendment) Bill (National Assembly Bill No.31 of 2014) which were in contention. The Committee also held its second and final meeting on 21st May, 2015 to consider and adopt the report. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir. As you can see, I have a very able Vice Chairperson as well as the membership in the Committee including the Senator for Kisii County, who was to second this Motion in case I was out. I would like to thank the Committee members from both the Senate and the National Assembly because the way we handled this mediation matter sets a very good history and precedence which I would like to recommend that this House and the National Assembly adopt. When we met, we did not even plan how we were going to look for the Chairperson of the Committee. The National Assembly Committee proposed that I Chair the Mediation Committee and went ahead to second. After all is said and done, I requested that instead of us looking at these issues as the Senate and National Assembly, we raise ourselves above our egos and look at the issues at hand as Kenyan leaders by looking at the posterity of this law in light of Kenyans. That is what carried the day. We listened to the arguments from the National Assembly and gave them our arguments. We agreed to go for tea and reflect on all 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.

Hon. Senators, the Mover has moved very well. On behalf of all other Senators, I commend the mediation team for doing a good job. It is good to carry on in that spirit. Any time we have a mediation team, we should look at this nation as one and people who love their county.

Hon. Senators, as the seconder has indicated, we have a constitutional deadline. So, I request that as I give a chance to those who wish to contribute, to please limit your contributions to two minutes. I will start with Sen. Obure.

Thank you, Mr. Temporary Speaker, Sir. I first thank Sen. Khaniri for a very clear and authoritative presentation, as well as for the good news which has been brought here, that an agreement has been reached and that we are now in a position to meet the deadline of 27th May 2015, in respect to this particular issue. I also thank the Chairman of the Committee on Land and Natural Resources, Sen. Kivuti, for seconding this Motion and providing guidance in the proceedings that led to this agreement. I also thank the Speaker of the Senate for selecting a strong team of Senators to represent the Senate; people who understand the issues that were in contention and are familiar with the policies that guide issues of environment management. More importantly, they are committed and focused. This is the reason that we have been able to reach an agreement on these issues under contention. Mr. Temporary Speaker, Sir, I agree with you entirely that we are all very impressed with the record time within which all the issues in dispute were resolved. I 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 have done so well, Sen. Obure. Please, proceed Sen. (Dr.) Zani

Mr. Temporary Speaker, Sir, I would like to support and appreciate the work that was done by this Committee especially within such a short time. They were able to put their issues together quickly and make a resolution. The report is very clear and very well articulated because it gives the position of the National Assembly, the Senate and the amalgamated position. It is also important to note that there was public participation. Therefore, the views of the public have been taken on board. I would like to congratulate Sen. Kivuti and Hon. Amina, who were the Chair and Vice Chair, respectively. As Sen. Obure said, this is the way mediation committees should go. It is about the benefit that goes out there to Kenyans. It is not about the competition or the differences between the two Houses. It was very clear from the beginning that they had specific clauses which they needed to look at; that is, Clause 10, 20, 23 and 25. For each of this, they have been able to find a position. For example, for Clause 10, the agreement is that the Attorney-General will be a member of this Board. Clause 20 stipulates that it is important to have somebody with demonstrated competence who will be appointed from the Council of Governors to the Board. They have also articulated in their report that they loop in the county governments. Therefore, they replaced one person who was nominated previously from a Non-Governmental Organisation (NGOs) to one from the county government. Mr. Temporary Speaker, Sir, also the consensus that they were able to achieve at both Clause 23 and 25 enabled them to think about a time span that is going to be realistic in terms of coming up with plans and with the way they are going to be articulated. For example, within two years the authority is going to come up with an action plan. They have given themselves sufficient time and I am sure with the right representation, the right plans will be brought on board to further ensure that the mandate for which the Committee was put in place is working. The Act itself will be very important in serving Kenyans. Lastly, they have also ensured that a report will go to the Cabinet Secretary. This will be important for incorporation into the National Environment Action Plan, not only at the county level but also at the national level. As I wind up, I wish to congratulate the Committee and wish that we continue in this light. We are in a bicameral system and that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Dr.) Zani, you took a lot of time. If I give you two minutes, let it be two minutes please. We want to dispense with this Motion because of the constitutional deadlines. I can see that we have so many interests. Please note that we have other Orders to deal with. Sen. M. Kajwang, you have two minutes.

Mr. Temporary Speaker, Sir, I would like to hail the Committee that went into mediation and came up with this formula. Due to the amount of effort the Committee has expended, I do not think it would be fair for us to re-open this debate. I just wish to thank them for having the foresight to come with a negotiated position. The environment is the only inheritance that the current generation can hand over to the future generation. This Bill, which hopefully will become an Act, sets the framework and lays the foundation for us, as a generation to hand over something tangible to the future generation. When we set out mediation committees, it is on the understanding that we work for all Kenyans whether in the National Assembly or in the Senate. I want to join my other colleagues in stating that this is a spirit that should drive us as we try to come up with legislation in the two Houses. My good friend, Sen. Khaniri, has alluded to some grumbling when this particular team was being set up. I wish to correct that position because I was in the Chamber when the Deputy Leader of Minority raised the issue. It was not grumbling on the composition but the consultation that had been undertaken to come up with the committee.

Sen. Khaniri, there is a way we enter the Chamber. You have to go back and do the right thing.

Mr. Speaker, Sir, I was referring to my good friend, Sen. Khaniri. As a member of the CORD Coalition, when this Committee was set up, I had full confidence in the membership and I wish to thank them and vindicate that it was the right Committee that was set up. The grumbling was on the consultation rather than on the composition of the Committee.

Mr. Temporary Speaker, Sir, I want to thank the members of my Committee, through the Chair and the Vice Chair, who is here, Sen. Khaniri, for the wonderful job they did. I appreciate the fact that they had diverse opinions in terms of what they believe in this Bill. They reached an agreement and today, we have a 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.

Mr. Temporary Speaker, Sir, I am happy to report that I was one of the Members of the mediation Committee. I want to report that we did it harmoniously. We exchanged our issues and I stand here to congratulate the Chairman, Sen. Kivuti, and the Vice Chair, who is also the Chairperson in the National Assembly. I want to thank them for the wonderful work they did. With those few remarks, I beg to support.

I will now put the question. I order the Division Bell to be rung for two minutes.

Draw the Bars. Hon. Senators, please, provide the tellers so that we can begin voting.

Sen. Hassan.

Sen. Sijeny. 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 results of the Division are as follows:-

Next Order.

Order, Sen. Murkomen

We do not need a Division.

That is why the Bars have not been drawn.

Hon. Senators, as you can see, what was remaining in this Bill was just a Division. So, let us go straight to Roll Call Voting and then the results will be announced.

Sen. Hassan, Mombasa County.

Sen. Sijeny.

Order, Senators. I wish to announce the results of the Division as follows:-

The Mover had already moved the Bill and it was yet to be seconded.

Mr. Temporary Speaker, Sir, the Reproductive Health care Bill of 2014 that has been shepherded through this House by Sen. Sijeny requires our total support. This support is important in so far as this Bill, as I have already said in this House, meets one of the obligations of Members of this House to translate the Constitution into Bills or laws that can be implemented by Government. The Constitution says that life begins at conception. I remember when we were debating some of these basic rights, especially the right to life, the issue was very important and many people felt that it be enshrined in the Constitution that life begins at conception. This is because we had two tendencies in the nation; those who were fervently opposed to termination of life before birth and those who felt that there 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. Temporary Speaker, Sir, matters of reproduction, bearing of children and how children are made, most often are difficult subjects or a taboo to discuss in some communities. I congratulate Sen. Sijeny for coming up with this Bill. This Bill will not only enhance this kind of process but make it safe for the mother, child and practitioner. Therefore, this Bill which has several parts is well intended. It is not a “condom” Bill like some people said. It talks about reproductive health care, safe motherhood; it defines who medical practitioners are; it talks about assisted reproduction and so on. However, I am concerned with Part V which talks about termination of pregnancy. If you read through, this chapter will open a practice that may not be accepted in this country by opening up abortion to all manner of practitioners of health. When you say that a pregnancy may be terminated by a trained professional--- According to the definition of a trained professional by Sen. Sijeny, she includes medical practitioners, clinical officers, midwives and general nurses, some of whom the training they get may not be sufficient to carry out this kind of procedure. She continues to say that a decision will be made by anyone of these. She says further that termination of pregnancy at the first trimester, which means, the first three months may be carried out by any of these. As a trained doctor, the most difficult time to procure an abortion usually is around the fourth month of pregnancy. The first month and second months may be easy, but the third, fourth, fifth and sixth months are difficult because there is difficulty in placental detachment from the uterus. Allowing paramedics or quasi-trained personnel on the medical subject to carry out a procedure, when they have not even been trained on matters of surgery and gynecology is a little bit opening up a loophole for malpractice. We will end up having an increase in maternal deaths, statistics which we are already concerned about. We have about 400 per 1,000 maternal deaths in this country. It is so easy to kill a mother at this level because of bleeding. Therefore, the whole of this part needs to be amended, and I am going to come up with those amendments, to make it professionally acceptable; to limit the people who may have a bearing on making decisions on this issue and maybe even seeking the opinion of a psychiatrist on matters of mental illness when deciding on procuring an abortion. I beg that every Member of this House reads Part V carefully and sees the hazards that it opens up. Actually, this Part, as prescribed to us by Sen. Sijeny, may be a prerequisite for the rejection of a well intended Bill. We, therefore, need to look at it, especially those who have a professional mind, to try and direct Sen. Sijeny to give us a document and law that will be acceptable by both practitioners and the church. Mr. Temporary Speaker, Sir, I need not say more than that. Thank you.

Thank you, Mr. Temporary Speaker, Sir. I wish to thank Sen. Sijeny for bringing this Bill. I am aware of the passion, great interest and enthusiasm with which the Senator has followed up on this Bill. I wish to commend her for 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.

Thank you, Mr. Temporary Speaker, Sir. Let me start by congratulating Sen. Sijeny for the effort she put into formulating this Bill and the passion she showed, putting into account that we are talking about nearly 52 per cent of women who most of the time carry these issues, but not forgetting that men are also involved in one way or another. This is because, when there is a family that is missing a child, then it affects both the man and the woman. So, we are talking about a big proportion that is going to be touched by this 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.

Mr. Temporary Speaker, Sir, I want to start by appreciating and thanking Sen. Sijeny for her work on this Bill. She has managed to put together this very complex Bill. I know she has worked very hard and I also know that this is the product of great commitment, great focus and determination. The objectives of this Bill are very clear; to provide a framework for advancement of reproductive health rights. I think we need that kind of legal framework that promotes, protects and advances reproductive health rights. Another function is to promote women’s health and safe motherhood. That is a very noble object. At the end of the day, we expect to see a reduction in maternal and child mortality rates. That is something that we all look forward to. More importantly, it will ensure access to quality and comprehensive health services for all. Again, that is a very desirable objective. I have looked at this Bill and I am convinced that it is consistent with the word and spirit of the Constitution. It, therefore, requires the total support of all of us. Broadly speaking, it will provide a legal framework or a basis for improved health care particularly for women. This Bill is about responsible and safe motherhood, improving overall reproductive health services and, generally, provides a framework for health care services. I see nothing wrong with this 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.

Thank you, Mr. Temporary Speaker, Sir. Let me start by looking at Section 3 of this Bill which talks about the objects and purposes. I wonder whether reproductive health or rights are only for women. The first object says: “Provide a framework for protection and advancement of reproductive and health rights for the women.” I need to be corrected on this so that we are clear that reproductive health and rights do not only apply to women but to all equally. Having said that, let me talk about four things that every leader must take a position on. One is abortion. As a leader, you either support it or not. Two, is on same sex marriage. You either support it or you do not; you cannot afford to be a watermelon on that. The third one is contraception and you either support it or not. The final one is the family unit. Mr. Temporary Speaker, Sir, this Bill has attempted to address some of these issues that I have talked about. From an ideological position, the first issue that I have talked about on abortion is very clear in the Constitution. On the right to life in Article 26 of the Constitution, it says: “Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other law.” I would not wish this to be the law that permits abortion in this country.

Article 26 of the Constitution has really addressed the issue of abortion. Probably, all we needed to do was to define who a health care professional is and I believe that has also been defined in other statutes. All that we needed to have done was to strengthen penalties for people who violate that article. If we say that life begins at conception and someone undertakes abortion, that someone has killed something that is alive. Therefore, when it comes to the issue of penalties which other speakers have also touched on, Clause 21 of the Bill is too docile. Talking of a fine of Kshs200,000 or a jail term of not more than three years is too docile. If we say that life begins at conception, then someone kills a life without any proper reason, should we subject them to just a fine of Kshs200,000 or should they be treated as murderers? Should it be the same sentence as manslaughter or murder? That is something we need to look at. Probably, this section on abortion will be the straw that will break the camel’s back. We need to be very careful about it so that it is not the “other law” that legalises abortion. Mr. Temporary Speaker, Sir, the second point I want to talk about is on same sex marriage. Our Constitution, Article 45, talks about the family. It says that the family is the basic foundation of a society. It says that marriage shall be between two partners of the opposite sex. 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

Bw. Naibu Spika, ninasimama nikiwa nina shukrani nyingi sana, kwanza kwa---

(Sen. (Dr.) Machage): Order Sen. Muthama, just take your seat for one minute. I have received a very important message that cannot wait until you finish your contribution.

On a point of order, Mr. Temporary Speaker, Sir. I thank you for that most important Communication. How unfortunate that the “Lower House” is virtually precipitating a crisis in this country. Where were they all these months? Now, they have brought the Bill here too late, and without realizing the importance of timelines, they are treating it casually. How on earth can a Committee work and possibly present a report in time that is meaningful to beat the deadline? We would like the Speaker of the Senate to move an extra mile and ensure that such things are avoided in future.

(Sen. (Dr.) Machage): Thank you for that comment. Let me also remind you that it is not the whole Bill that has been rejected, but attention should be drawn only to Clauses 5, 11, 19, 24, 32 and 39. God forbid that this had to happen. This is derogatory. It is an abuse to the Senate. I completely agree with your concern and comment on this matter. The people of this country should take note of the mischief with which the “Lower House” treats the Senate. Proceed, Sen. Muthama.

Mr. Temporary Speaker, Sir, just to ride on what you have communicated; one, the time is not there. It is not just by coincidence that this Message is communicated to the Senate at this hour. It was a deliberate effort to make sure that we act under total harassment to meet the deadline. If you look at the time given for the Members to sit down and negotiate, it is very short. Secondly, it is very clear that such appointments must meet the requirements of the Constitution. If you look at the names, you will realise that there is no gender balance. Members have been picked from one gender and it is being done deliberately so that there is confusion. They want us to cite the lack of gender considerations and send it back, yet time is running out. The National Assembly is driving this country into a crisis. This House does not consider political affiliation when transacting business, but there is division along political party lines in the National Assembly. I want to urge those who have been shying away, especially the Jubilee Coalition, from the constitutional amendment that we are proposing, as the CORD Coalition, to empower this House, to be The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Order! Order! Please, continue with your contribution to the Bill by Sen. Sijeny.

Mr. Temporary Speaker, Sir, I had just started my contribution in Kiswahili and now I have spoken in English.

(Sen. (Dr.) Machage): Order! You must continue in Kiswahili.

Bw. Spika wa Muda, ningependa kumshukuru Sen. Sijeny kwa kuleta Mswada huu katika Seneti hii. Mswada huu ni muhimu sana kwa sababu unazungumzia maswala ambayo yanahitajika katika taifa letu, haswa katika ukurasa wa 295. Nakumbuka ulileta Hoja kuhusu moja ya maswala hayo wakati Seneti ilikuwa katika Jumba la Kenyatta International Convention Centre (KICC). Hoja hiyo ilikuwa inatafuta mwenendo ambao ungeiwezesha taifa hili kuwa na hospitali za Level 5 katika kila kaunti. Jambo hilo limezingatiwa katika Mswada huu wa Sen. Sijeny. Nitaanza na kipengele cha 22. Dada yangu, Sen. Sijeny, ameangalia ni wapi kuna shida. Nimewasikiliza Maseneta ambao wamechangia Mswada huu na wamesema mambo mengi haswa kuwasaidia akina mama na kuokoa maisha ya akina mama na mama wenye akili punguani na mtoto ambaye ni mjamzito. Hayo yaliozungumziwa yanahusu kuokoa maisha. Kipengele cha 22 kinasema kwamba itakuwa ni haki ya mtoto yeyote aliyezaliwa kupata matibabu. Leo katika taifa letu, watoto wa masikini hawapati matibabu ya kutosha. Wale wanaojiweza wanalakiwa vizuri katika hospitali na kupewa matibabu. Lakini msichana masikini ambaye anapata mimba kwa bahati mbaya hapati matibabu anapofika hospitalini.

(Sen. (Dr.) Machage): Order! You will have 11 minutes to contribute tomorrow.

(Sen. (Dr.) Machage): Hon. Senators, it is now time to interrupt the business of the Senate. This House, therefore, stands adjourned until tomorrow, Wednesday, 27th May, 2015, at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.