Hon. Senators, I have a communication to make. You may recall my communication on 28th May, 2015 in which I informed you that the Transition Authority (TA) in collaboration with the Senate had organised a two-day retreat to be held at the Serena Beach Hotel, Mombasa from 18th to 21st June, 2015; the travel dates being 18th and 21st. Hon. Senators, as I indicated in my earlier communication, the retreat is aimed at sharing experiences on the transition to devolved Government, taking stock of what has been done and how much still remains to be done for the full transition to be realised. Hon. Senators, some of the areas will be transfer and costing of functions, county umbrella retirement scheme and county capacity assessment of uptake of functions. An elaborate programme to afford Senators an opportunity to critically discuss issues that have impeded the realization of devolution has been prepared. Resource persons are drawn from the Senate and the Transition Authority. The expected output of the retreat is to define the next steps, determine the kind and type of support required to complete the unfinished business and an exit mechanism. I, therefore, urge all of you to find time and attend this crucial meeting to make your contribution on the state of devolution and transition.

Thank you, Mr. Speaker, Sir. I present a petition made to the Senate by Members of Morogik Kekonyoike Trust or Morogik Parcel land Ngong/1959. Citizens of Kenya and Members of Keekonyokie Community Trust wish to draw the attention of the Senate to the following:- (1) That, Olmorogi Parcel of Land P. No. 21400 Ngong/Ngong was gazetted on 5th March, 1957 via Gazette Notice No. 3818 under Section 12 of the Application Notice. (2) That, the parcel of land was set aside by the Veterinary Department for the establishment of a Livestock Veterinary Farm and Training Centre to improve livestock farming among the inhabitants of the area. (3) That, the land is approximately 1,510 acres. (4) That, over the years, the land has changed purpose from the original and intended purpose; (5) That, 50 years down the line, the land has not been productive and, thus, the natives have not benefited from the project for which the said parcel of land was intended. (6) That, the plan and approved use of the said parcel has been changed severally and unprocedurally. We do hereby confirm that; (a) efforts have been made to address the matter with the Ministry of Agriculture, Livestock and Fisheries to no avail. (b) the issues in respect to which the petition is made are not pending before any court of law or any other constitutional or legal body. Wherefore, your humble petitioners pray that the Senate intervenes with a view to; (1) Establishing the status of the said land and having all uncommitted land reverted back to the Keekonyokie Community. (2) Ensuring that any land that was irregularly carved out from the initial parcel of land is reverted back to the community. (3) Ensuring that all development on the land from the other parties other than the Veterinary Department is stopped.

The petition will be submitted to the Committee on Lands and Natural Resources. DETERIORATING SITUATION FOR CANCER TREATMENT AT THE KNH AND THE COUNTRY AT LARGE Hon. Senators, I also have a petition to the Senate by David Ndung’u Wanjohi and Gibson K. Muruga concerning the deteriorating situation for cancer treatment at the Kenyatta National Hospital and the country at large. Hon. Senators, pursuant to Standing Orders No.221(a) and 225(2)(b), I hereby report to the Senate that the petition has been submitted, through the Clerk, by two concerned citizens; namely, David Ndung’u Wanjohi and Gibson K. Muruga concerning the deteriorating situation for cancer treatment at the Kenyatta National Hospital and throughout the country. As you are aware, hon. Senators, under Article 119(1) of the Constitution; “Every person has a right to petition Parliament to consider any matter within its authority including enacting, amending or repealing any legislation. “ In their petition, the petitioners state; (1) That, despite cancer being the third leading cause of death in Kenya with an estimated 39,000 new cases of cancer and 27,000 cancer related deaths annually, there is only one public hospital; Kenyatta National Hospital (KNH), which is equipped and staffed to offer cancer treatment in Kenya; (2) Even then, the radiotherapy machines and a number of specialists at the KNH are too few to handle the patients from across the country seeking treatment at the KNH. This leads to long queues for treatment stretching several years whereby most patients die before they ever receive treatment; (3) That the cancer treatment facilities available in private hospitals and abroad are too expensive for the ordinary citizens and that it is the poor Kenyans who suffer most from this dire situation. The petitioners, therefore, pray that the Senate investigates this matter and commences appropriate steps to remedy this situation. Among the measures proposed by the petitioners are;

Mr. Speaker, Sir, thank you for giving me the opportunity to contribute to this petition. I will be very brief. It is commendable that the petitioners have seen the importance of having radiotherapy machines or what we call linear accelerators in the treatment of cancer. My submission here, from my experience in the health sector, is that equipment is the second order of things. The first order of things is human resources. We need oncologists, doctors, nurses, medical physicists, cancer nurses and so on. This is because if you have equipment but no people trained to use it, you will not go very far. My observation is that the Government has given very little attention in terms of setting aside money to train professional medical manpower in our nation. Currently, with the equipping of hospitals through the project that the Government has initiated, very little attention has been given to train human resources. Finally, private hospitals like Nairobi, Aga Khan, MP Shah and I think now, the Texas Cancer Centre have linear accelerators. It would be good if the Government could have arrangements with the private health sector. This is because that equipment can be run for even 24 hours so that in the hours that the hospitals do not have patients, then patients from Kenyatta National Hospital (KNH) can be treated there. These are the things that we should do in the immediate.

Thank you, Mr. Speaker, Sir. I rise to support this Petition. Fifteen per cent of all the cancer cases coming to KNH are from my county – Meru County. It is not known why Merus are so prone to cancer but I believe there must be a reason. It is not only people from the miraa zone. In fact, there is a large part of Meru which does not grow miraa but people from those areas also suffer from cancer.I would beg that when the Senate investigates this matter as the petitioners have requested, we could go a little further and look at the causes of cancer especially in Meru County so that preventive measures can be put in place. That could also reduce the traffic and demand for the facilities that are being requested for. I also note that the kits which were provided to Level 5 hospitals through Governors across the country are for cancer screening and have nothing to do with its treatment. Just like we have boldly taken steps to get rid of HIV/AIDS, enough resources should also be put in place so that after screening, the cancer patients can also be assisted to access treatment at a reasonable cost or for free.

Thank you, Mr. Speaker, Sir. I appreciate the efforts of these two Kenyans who brought this matter to the attention of the Senate. Just last weekend, I attended the funeral of an old class mate of mine who has been practicing as a lawyer.

Thank you, Mr. Speaker, Sir. I support this Petition because it is really disheartening to know that people who are ailing from this disease are not receiving the attention that they need, which is especially found in the national referral hospital. It is not only for cancer cases but even other ailments. In some of these hospitals, there is a waiting list and sometimes a patient is given the first appointment one year later. Remember we are told that cancer should be treated early enough. It then becomes too late to treat it by the time the first appointment comes and we are losing so many Kenyans because of that. The referral hospitals in counties even lack many equipment and personnel. It is high time that a quality control inspectorate is established for health facilities in the country to ensure that certain standards are met. Mr. Speaker, Sir, I am getting a lot of complaints in my county because there are no nurses in the dispensaries and health centres. For example, in Kachibora, and Endebbes, there are no adequate personnel. There are facilities which should be closed because there are no nurses. Patients are going there and being turned away because they are not being attended to. I think the most important thing is to invest in training doctors. There are so many qualified Kenyans living Form Four with very high qualifications. Why can we not open up training? The Government should fund the training of experts including oncologists so that when others leave and get greener pastures elsewhere, we have adequate personnel for this country. We should study what is happening in countries like India. We are spending a lot of money in foreign currency sending our people to India and yet we can save that money and create employment for our youth in this country as doctors and nurses.

Thank you, Mr. Speaker, Sir. I support the Petition because I am very passionate about the cancer menace. This is because when you look at the causes of disability, cancer is one of them. We are losing many people through cancer. We are also getting an increased number of persons with disabilities with amputated arms or limbs

Thank you, Mr. Speaker, Sir. Cancer has become a number one killer. I support this Petition, but specifically to look at the inconsistencies in diagnosis. There are many cases of people who have assumed to have been cured, but when they go to other countries like India, they are actually discovered with advanced states of cancer. We should investigate and find out whether the problem is on the part of the human resources or the part of the machines that we are using. When cancer is detected early enough, it leads to a quick cure. Thank you.

Mr. Speaker, Sir, I support the Petition. Cancer is one of those painful diseases that kill our people. Every day, we live with our families who are suffering from cancer and sometimes it is difficult for these people to access treatment because they do not have the finances. We know that the top hospitals which are well equipped are very expensive for people to afford. It is important that the national Government invests in the cancer centre at the Kenyatta National Hospital. We do not have enough human resource to man the machines in most of our hospitals. For instance, there is medical equipment which has been leased to the counties. We should train the technicians who are going to man these machines so that when people go for treatment, they are attended to immediately. I think it is better to prevent the disease through early diagnosis than let the patient go through that difficult time and lose the patient because he or she is not given treatment on time. I support the Petition.

Mr. Speaker, Sir, let me also congratulate the petitioners for having seen the reason to bring this Petition to the Senate. Almost everybody must have been

Mr. Speaker, Sir, as I support this Petition, my appeal would be to the county governments not to do the same things they are doing at the moment. It would be prudent that those who have not appended their signatures to the agreement to lease those medical equipment, they should also procure theirs and then we shall compare. The Senate is capable of assessing prudency in procurement. I support.

Mr. Speaker, Sir, I also rise to support the petition because of the very serious implications that it has on the population. There are two levels which we would want this Petition to address and come out with some resolutions or the way forward. We expect that this country will assist its civilians by making sure that the precursors of cancer do not come in to our environment. We know that some of the precursors affecting the population come in through the food chain. This is as a result of sub-standard fertilisers perhaps coming from some of the nuclear states that, probably, do not have systems that can control nuclear material. There is also a whole lot of synthetic material that comes in to the country and eventually ends up into the environment such as asenlix. There are large amounts of heavy metals such as mercury that are used either in industry or the medical sector. All these are precursors to cancer. They should never be allowed to come into the environment of a country. Mr. Speaker, Sir, self-assessment of every individual should aid in minimising of the level of cancer in this country. We are aware that breast cancer, cervical cancer and prostate cancer, for example, could be diagnosed fairly early by individuals through self- examination. This should be encouraged so that we can detect cancer cases early and attempt to do some treatment. We know that treatment is expensive. However, we are glad that this country is responding by bringing in appropriate equipment that can be used for cancer treatment. Therefore, Mr. Speaker, Sir, I support this petition in an effort to eliminate the cancer disaster in the country.

On a point of order, Mr. Speaker, Sir. I know that you are about to give some direction on this. However, I recall that in the Tenth Parliament, the then Committee on Health showed a lot of concern. It drew up a Bill regarding the

Hon. Senators, pursuant to Standing Orders No.227(1), the Petition stands committed to the relevant Standing Committee; in this case, the Standing Committee on Health.

In terms of the Standing Order No.227(2), the Committee shall be required, in not more than sixty days from the time of reading the prayer, to respond to the petitioner by way of a report addressed to the petitioner and laid on the Table of the Senate.

Order, Senators. We have two more petitions to go. IMPLEMENTATION OF THE ONE-THIRD GENDER RULE We have a Petition to the Senate by Major (Rtd.) Joel Kiprono Rop concerning the one-third gender rule. Hon. Senators, pursuant to Standing Order Nos. 221(a) and 225(2)(b), I hereby report to the Senate that the Petition has been submitted, through the Clerk, by Major (Rtd.) Joel Kiprono Rop, a citizen of Kenya and a resident of Bomet County concerning the one-third gender rule. As you are aware, under Article 119(1) of the Constitution, every person has a right to petition Parliament to consider any matter within its authority including enacting, amending or repealing any legislation. In his Petition, the petitioner states that the one-third gender rule as enshrined at Article 81(b) of the Constitution has become difficult to implement. He proposes the following as a “viable way forward” to unlock the deadlock:- (1) That, the Senate be reconstituted by transferring to the Senate the 47 elected county women representatives presently sitting in the National Assembly and restricting nomination to the Senate to only persons with disabilities and other minorities. (2) That, the National Assembly be reconstituted to include two women nominated from each county by the county assembly; one being young and the other elderly and restricting nominations to the National Assembly to only persons with disabilities and other minorities. Hon. Senators, as you are aware, the issue of attainment of the one-third gender principle as enshrined at Article 81(b) of the Constitution is a matter that this House has been alive to. Indeed, only last month, a consultative meeting on the matter was held to

Asante Sana, Bw. Spika. Kwanza kabisa natoa shukurani kwa mzalendo huyu kutoka Mandera ambaye ameweza kuangazia mambo ambayo yanafanyika kule Mandera, yasioambatana na sheria za Kenya. Ningependa kuwahimiza Wakenya wengine wawe macho na kuchunguza kwamba pesa tunazotuma kwa serikali za kaunti zinafanya kazi ambayo zilipangangiwa, ikiwa ni majukumu ambayo yamepeanwa kwa serikali hizo za kaunti. Visa vya magavana kutumia pesa tunazopitisha kufanya shughuli ambazo ni za Serikali Kuu ni vingi sana. Si ajabu kupata Gavana wa Mandera na serikali yake wakitumia pesa nyingi kujenga uwanja wa ndege na barabara ambazo zinafaa kujengwa na Serikali kuu, ilhali shughuli ambazo ni za serikali ya kaunti zinaendelea kugandamizwa.

Mr. Speaker, Sir, I would like to address Mr. Kiprono Rop’s Petition. If you could allow me to just make a few comments. First, I would like to thank this Kenyan who is really thinking about how to make sure that the two-thirds rule is adhered to within the Constitution. We are pooling efforts together from different formulas and formulations, so that we can actually find a way forward. A technical group from the Gender and Equality Commission that has been working on this has made quite a lot of progress in terms of making a determination. The idea that the petitioner has given will be taken into consideration, because this is really a consultative process. It has been going on for the last three months and we are putting in a lot of effort, even from other hon. Members who have also come up with various propositions. Mr. Speaker, Sir, I support this petition and assure him that we will find a way to ensure that we make this a constitutional dispensation that will be adhered to. Thank you, Mr. Speaker, Sir.

Again, I wish to commend Sen. (Dr.) Zani for being brief. That should be the way.

Thank you, Mr. Speaker, Sir. The matters raised by the petitioner actually crosscut very many counties. The issue of ambulances is not only in Mandera but also in Kakamega, Kisii and many other counties which I do not want to enumerate. The sad thing is that the boss of Red Cross, Mr. Abbas Gullet, literary looked for Governors to get them to sign these contracts. The Ethics and Anti-Corruption Commission should also move into these particular contracts, investigate the Governors who are concerned and the role that was played by the leadership of the Red Cross. Mr. Speaker, Sir, I want to congratulate the Governor of Mombasa and the Governor of Vihiga, being some of the few governors who refused to sign the contracts and said that they would rather buy their own ambulances. Finally, there is the issue of governors taking on functions that are not devolved. In this case, it is the issue of construction of the main highway from Nairobi to Mandera. This is a disaster because in many counties, including Kakamega, the Governor has put county resources into the purchase of vehicles for security. Security as a function has not been devolved. Why would governors be wasting resources meant for development and yet, in this year’s Budget Kshs200 billion has been reserved for the security docket? Mr. Speaker, Sir, I support and urge that the Committee moves with speed to stop this nonsense that is going on.

Mr. Speaker, Sir, my gratitude to the Kenyans who are demonstrating more and more courage to invoke the mandate of this Senate, particularly in matters of oversight. I think they acknowledge the gravitas that the Senate has. I think I have seen the temptation that Sen. Khalwale has alluded to in Machakos County and a few other counties. They are taking up functions enthusiastically which are functions of the national Government. So, as good an intention as it might be, I think it is something that we need to put a stop to. No matter the circumstances, counties must only invest in functions that are within their purview, under Part II of the Fourth Schedule. Secondly, I do recall a governor coming and telling us how they are just simply lifesaving. I think the Constitution itself is lifesaving. Therefore, when governors undertake any mandate, they must be justified and supported by the Constitution. I do not want to comment on the merits or demerits of this petition, but what is making me extremely enthusiastic is that more and more Kenyans are now bringing petitions to this Senate, as demonstration that this Senate, right now, is the best solution to the Kenyan people. Kenyans are developing confidence that the Senate is actually the policy organ around devolution in this country.

Mr. Speaker, Sir, I want to support the petitioner, Mr. Kiprono Rop, who has brought this petition, on the one-third gender rule. The country is aware that we are facing a constitutional crisis if we do not solve this issue by August. We have made some progress and I want to take this opportunity to thank the leadership of Parliament for the support that they have given us this far. Tomorrow, as women legislators, we will meet the entire leadership of Parliament, including the two Speakers, to get a clear way forward on the various proposals that have been considered, including the proposal that has been put forward by this petitioner, of considering bringing even the 47 Women Representatives to the Senate. Other proposals have included the clustering of constituencies and the creation of special seats for women. I believe that by the end of tomorrow, after our meeting with the leadership of Parliament – I take this opportunity to invite this petitioner to attend our meeting tomorrow from 7.00 a.m. at the Continental Hotel - We believe that from tomorrow, going forward, we will then settle on one workable strategy that will then be presented to Parliament. The support is so far so good. I want to extend my gratitude to all institutions that are working with us, especially, the National Gender and Equality Commission and other Ministries that have been dealing with this issue; for instance, the Ministry of Devolution and National Planning. By tomorrow, we will present to the nation and Parliament one position that we will all be supporting. I beg to support.

Mr. Speaker, Sir, I also reiterate the position raised by my colleagues about the petition, particularly the petition on Mandera County Government. I laud Kenyans for exercising their rights under the new Constitution, in particular, the right to petition the Senate so that it can determine issues that have been raised. The number of petitions that are coming in is an indicator that there are some institutions at

Mr. Speaker, Sir, I need a clarification on what Sen. Ongoro said. Are we attending a meeting at the Intercontinental Hotel or at the Serena Hotel? I have received a message stating that the meeting will be held at the Serena Hotel. So, which is which? Are we creating confusion?

Order, Senators! Sen. Kittony, there is no harm in approaching Sen. Ongoro. Please, could the Chairperson of the Kenya Women Senators Association (KEWOSA) approach her member? Proceed, Sen. Ndiema.

Mr. Speaker, Sir, I also join my colleagues in applauding those residents of Mandera for bringing up the issues of accountability which are affecting their county. It is a demonstration that the public have confidence in the Senate. I encourage all counties including mine, that if there is any issue, they should bring it to the Senate in the form of a petition because there is that avenue. They should avoid demonstrating because if issues can be sorted out, perhaps it may not be necessary. Mr. Speaker, Sir, on the issue of Mr. Rop, I do not know whether it is the appropriate time. When the Committee will be considering this issue, members representing special interests should be invited to come to the Senate or the National Assembly, there should be a degree of democracy. I suggest that perhaps for the National Assembly, the Women Representatives are already there and if they have to increase the number, they should consider the runners up; those who were number two instead of going out to fish anyhow.

Mr. Speaker, Sir, I also support the petitioners from Mandera. As my colleagues have said, I appeal to other citizens who feel aggrieved in the management of their resources to come to this House, which, as provided by law, deals with such issues. Sometimes when we raise some of these matters when we are doing our oversight, it is mistaken that we are playing fitina fitina kidogo in the counties. I appeal to the

Mr. Speaker, Sir, I also take this opportunity to support the petitioners from Mandera. My only worry and disappointment is how these petitions are being handled, for example, the Petition from Narok. There were some funds; about Kshs54 million was identified by the Auditor-General to have been misappropriated but no action was taken. The Committee also sat on that information whereas the people of Narok are also frustrated. I urge the Committee concerned to be impartial and open because there were some question marks when issues were brought before that Committee.

Mr. Speaker, Sir, the honourable Senator for Narok made some serious allegations. If there is Kshs54 million that the Auditor-General has identified and we sat on it, with all due respect, the Senator knows this Committee. He can table any specific issue because we have the audit report and we raised the issues. The HANSARD is available to that effect. Whether there is any misappropriation of revenue and the auditors are categorical that they have not found any, if there is any information that he has, he is at liberty to give it to us and even appear before our Committee and say “this is the information” so that we can then take action. I do not think that we have anything to hide as a Committee. It would not be fair to say that we sat on that kind of information.

Order, Senators! Order, Sen. Ntutu! My understanding of Sen. Ntutu’s statement was that he was being cautionary. Let us take it that way. Let us not make it an issue. The offer that the Chairperson has given is good enough. Sen. Ntutu, if you have any matter, these are your colleagues. You can talk to them. Proceed, Sen. Mutula Kilonzo Jnr.

Mr. Speaker, Sir, we welcome the Petitions. The Committee on Finance, Commerce and Budget, led by the distinguished Senator for Mandera, has formed a sub Committee on Petitions. We tell all Kenyans that the petitions will be considered expeditiously and we will give everybody an opportunity to be heard. On the gender issue, I welcome the proceedings that I hear are going to come up tomorrow. I hope that they are legislative so that we can achieve the two-thirds gender rule in Articles 23 and 81 (b). I would propose that they consider that for every person in counties; if the governor is a man, the deputy should be a lady. If it is the Speaker, vice versa. We must get to a situation where if the President is a man, the Deputy President would be a woman. That is the way to achieve gender parity in this Republic.

Mr. Speaker, Sir, first, I commend the petitioners for acknowledging that the Senate is here and trusting that their issues will be well articulated. I wish to alert the Members of the National Assembly and the Senate that Kenyans who passed the Constitution are aware of the gains that they had given the women. They are monitoring and giving their suggestions on the way forward. They are assisting us. Therefore, it is very important that we work with them so that by the end of the day, we own it.

Mr. Speaker, Sir, let me also enjoin the people of Mandera County in their petition to this House. Fundamentally, the avalanche of petitions coming to the Senate on matters of accountability reflects three things; one, wananchi are vigilant and are leaving nothing to chance to hold their leaders to account. Second and more important is that it appears that the institutions of governance that enforce accountability are also failing. That is why wananchi are now deciding to come to the Senate. The Auditor- General’s office, the office of Ethics and Anti-Corruption Commission (EACC), the county assemblies who are the primary oversight body and this House itself as an oversight; if these organs were functioning properly, probably ordinary citizens would not find it necessary to come to the Senate to seek answers to accountability. Mr. Speaker, Sir, last but more important is that it is very important that this Senate steps up its oversight responsibility to counties. There is no single county where the citizenry have no issues on matters of accountability. Everywhere, there is hue and cry of governors and their county governments misapplying, misappropriating and sometimes out rightly stealing public funds. We want to urge institutions of governance to give Kenyans the fruits of the new Constitution by making sure those sanctuaries of corruption are destroyed and those who are found to have dipped their hands into public coffers are punished severely so that it becomes a deterrent. I hope that the petitions that are pending on accountability issues will be fast- tracked to give wananchi the answers that they are seeking from this House. This House commands considerable respect from the public.

Mr. Speaker, Sir, I think what I was going to say has been said by the Senate Minority leader. We as a Senate - these petitions tell that we are not serious. We are not doing our work as it is supposed to be done. We must make sure that this money is spent properly. If I can read wisely, the indication from the public is that we are now being challenged through the Speaker, that the Members of this House have almost abdicated their responsibilities because the Senate does not say anything about any governor here. We know there are problems but we tend to keep on playing safe. You cannot have your cake and eat it. You either represent the county governments, become their controller or not. Something must be done immediately. Therefore, I would like to support the people who have already petitioned this House. Our people understand their role in the democratic institutions, while we are nursing the problems. Mr. Speaker, Sir, there are problems in every county government today. However, none of us is capable of explaining what these problems are. We are waiting for the Members of the County Assemblies (MCAs) to take decisions yet they have no power

Sen. G.G Kariuki, I am a bit constrained to respond to you on that one. The Chair of the County Public Accounts and Investments Committee (CPAIC) has on two occasions sought my ruling that they have done a lot of work on the Auditor-General’s report but the governors have gone to court preventing the Committee from proceeding with that assignment. So, it is not the Senate. The Senate has been very alert and very desirous. Before then, the other one was where the timelines of the submissions of the audited accounts were being exceeded and the Chair of CPAIC wanted direction and what to do under those circumstances. The reports are not coming for all the reasons; you know that the office of the Auditor-General has not been given sufficient resources. I think that should be put into consideration in your submission. If you look at the petition from Mandera County, I am actually very impressed. As the rest of you have said, I think Kenyans seems to know the obligations of State institutions, governors, which functions have been devolved and the ones that are still a national function. That is the basis on which they are raising these petitions. I want to encourage Kenyans that this is the path to pursue. Hon. Members, pursuant to Standing Order No. 227(1), the petition should be committed to the relevant Standing Committee; that is, the Committee on Finance, Commerce and Budget. According to the Standing Order No. 227(2), the Committee has not more that 60 days to submit the report to the petitioner and lay the same on the Table of the Senate.

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

Order, hon. Senators! Even if it is on the gender agenda, rules must be followed. You do not just shout from where you are. We have given you facilities to communicate. What is, Sen. (Dr.) Zani?

Mr. Speaker, Sir, sometimes the buttons are not as effective as the voice. Is it in order to request that you also make a ruling on the two thirds-gender rule and which Committee it is going to be directed to?

In fact, now I will be too harsh on you. You are completely out of order because you need to listen. I said; that being the case, and noting the case of the said one third gender rule is pending before the Committee on Legal Affairs and Human Rights, I direct that the petition in terms of the Standing Orders No. 227(1) be committed to the said Committee. I also went further and said that in terms of the Standing Orders No.227(2), the Committee will be required, in not more than 60 days, from the time of reading the prayer---

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Tuesday, 16th June 2015:- The Sessional Paper No.9 of 2013 on National Cohesion and Integration.

Mr. Speaker, Sir, I beg to give the following Notice of Motion: THAT, this House approves the report of the Sessional Committee on Delegated Legislation on the Tobacco Control Regulations 2014, laid on the Table of the House on Thursday, 28th May 2015.

Thank you, Mr. Temporary Speaker, Sir. I would like to request for a Statement from the Chairperson of the Standing Committee on Security and Foreign Relations on a very serious matter. As you know, we have had running battles in the border between Meru and Isiolo counties. To our credit, as the leaders of the two counties; the leaders of Isiolo and Meru counties, led by the Senators and our Governors, we met the then Cabinet Secretary for the Ministry of Interior and Coordination of National Government, Hon. Ole Lenku, and agreed that the boundary between our counties should be marked. I am happy that our colleagues, the two Senators, were there. We agreed that the governors for Meru and Isiolo counties as well as the Office of the President would appoint surveyors. The exercise would be coordinated by the Office of the President and their work would be to just mark the boundary. We are not disputing the boundary; we just want it to be marked. Mr. Temporary Speaker, Sir, this has not happened. Over six months have passed and my request is as follows: (1) We want to know what the current status is - of the agreement reached between the National Government, represented by the former Cabinet Secretary for the Ministry of Interior and Coordination of National Government, Hon. Ole Lenku, the leaders of Isiolo and Meru counties, represented by their respective Senators, Governors and the Members of Parliament regarding the marking of the boundary between Isiolo and Meru counties by surveyors appointed by the Governors of the two counties under supervision of the Office of the President. (2) Why has the national Government refused to implement this agreement, thereby causing permanent insecurity and loss of lives and property along the common border? (3) What practical steps is the national Government taking to eradicate cattle rustling in that border area between Isiolo and Meru counties to ensure permanent peace and security along the border and good neighborhood between the two communities? Thank you, Mr. Temporary Speaker, Sir.

Is the Chairperson around or any Member of the Committee on Security and Foreign Relations? Please, proceed, Sen.G.G. Kariuki.

Thank you, Mr. Temporary Speaker, Sir. This is a matter concerning boundaries; and looking at this Statement, it is clear that there have been a lot of consultations among the leaders and the agreement has never been reached. On behalf of the Committee, I request that you allow the Chairperson of the Committee on Security and Foreign Relations to answer this question next week on Thursday. I will be most grateful.

Thank you, Mr. Temporary Speaker, Sir. Thursday next week is appropriate.

The answer should be ready by Thursday next week. Please, proceed, Sen. Obure. STATUS OF PREPAREDNESS OF IEBC FOR THE NEXT GENERAL ELECTION

Thank you, Mr. Temporary Speaker, Sir. Pursuant to the provisions of the Standing Orders 45(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Legal Affairs and Human Rights regarding the Independent Electoral and Boundaries Commission (IEBC). In the Statement, the Chairperson should address the following: (1) State what programme of action the IEBC has put in place in preparation for the next general election. (2) Provide the number of people who are registered as voters so far in each of the 47 counties and how these numbers compare with the IEBC projected targets. (3) Explain why election materials including ballot papers have been sourced abroad when there is adequate capacity and competence locally to meet such requirements. (4) Highlight the achievements of the IEBC over the period from August 2010 to date, the challenges the Commission is facing in the discharge of its mandate and interventions to address them. Thank you, Mr. Temporary Speaker, Sir.

The Chairperson of the Committee on Legal Affairs and Human Rights, please respond to that.

Thank you, Mr. Temporary Speaker, Sir. I request that the Committee be given three weeks to respond because of the weight of the issues raised by Sen. Obure.

Is three weeks okay with you, Sen. Obure?

Mr. Temporary Speaker, Sir, three weeks is long but acceptable under the circumstances which he has pointed.

Thank you, Mr. Temporary Speaker, Sir. This is a very important issue especially given the fact that there has been profound concern about the IEBC. The IEBC should not be looked at in terms of the commissioners. To me, the commissioners are a very small problem. The real problem, is the public servants in the IEBC; the people who run the machines and know how it functions.

Order, Sen. (Prof.) Anyang'- Nyong'o. Is that a request or is there something else that you want to understand?

I am trying to understand my colleague’s problem because he needs time to get this information. He will need that time because I

I rule that the Chairperson had already said that three weeks are enough and the Senator who had requested for the Statement had even indicated that three weeks are more than what he was expecting.

On a point of order Mr. Temporary Speaker, Sir. On a related matter, the Chair ruled that the Vice Chairperson of the Committee on Legal Affairs and Human Rights had handled a Statement almost similar to this on the purported intention of the Executive to set up registration centres in USA and then turn them into polling stations for the diaspora. The Chair ruled that that Statement was to come on the first sitting of the Senate after recess. I expected that Sen. Sang would bring additional information because I am worried. As we speak, the Ambassador of Kenya in USA, Robinson Githae, is roaming from State to State purporting to establish the number of Kenyans living in those states and cities and even purporting that he is going to set up an agency to issue identity cards to Kenyans living in USA in preparation for what he calls diaspora voting. Since when did it become the work of the Ambassador to do this kind of work which is run by an independent agency called IEBC?

Senator for Bungoma, it is as if you are interrogating a Statement which has not even been given to the House.

Mr. Temporary Speaker, Sir, it is in furtherance of another Statement which he gave.

Did you say you are expecting it to be given out today?

Mr. Temporary Speaker, Sir, I do not see it on the Order Paper.

Mr. Temporary Speaker, Sir, I appreciate that I delivered a Statement in this House and the Speaker ruled that a further Statement would be brought. In my understanding, that was to be Thursday – the day after tomorrow. DISBURSEMENT OF THE SOCIAL PROTECTION CASH TRANSFER SCHEME FOR THE ELDERLY

Thank you, Mr. Temporary Speaker, Sir. I am standing on two issues. First, as we were going on recess, there was the issue of cash transfers to the elderly and disabled which I had raised. I remember even Sen. Mutula Kilonzo Jnr. had

Sen. Wetangula, are you a Member of that Committee?

Mr. Temporary Speaker, Sir, I am, but I do not speak for the Chairperson. Sen. Adan is the one who normally speaks for him.

On a point of order, Mr. Temporary Speaker, Sir. The issue that has been raised by Sen. Musila concerning the security of the people of Kitui County is a very serious matter and it is rightfully before this House. My leader here, Sen. Wetangula, is a Member of that Committee. Is he in order to say that he does not speak for the Chairperson when the matter has been directed to the Committee and all he needs to do as a Member is to give an undertaking that this particular message will be communicated to the Committee?

I can understand the point from which the Senator for Bungoma is speaking. However, he is a Member of that Committee and

Mr. Temporary Speaker, Sir, that order is incapable of obedience. The clerks should inform the Chairperson of the Committee.

Who gave you the Floor?

Mr. Temporary Speaker, Sir, once given the microphone, I thought you had given me the Floor.

I know you interact very well with them and so, that order stays. Sen. Madzayo, what is your take on the first one about the cash transfers?

Thank you, Mr. Temporary Speaker, Sir. I think the role of the Chairperson is over in that aspect and it is the work of the Clerk to take it up now and inform the Cabinet Secretary (CS) responsible to appear before the House.

Are you saying you are having a problem communicating with the Cabinet Secretary (CS) concerned?

Mr. Temporary Speaker, I have just consulted with the clerks when I was in front of you a few minutes ago. I do not think it is procedural for the Chairperson of the Committee to write to the Cabinet Secretary (CS). However, I will take it up with the Clerk and see to it that it is done within the shortest time possible.

On a point of order, Mr. Temporary Speaker, Sir. I have a lot of respect for the retired Judge, Sen. Madzayo, however, the Chair dealt with this Statement for a very long time until it reached a point where he hit the wall. I think it is only fair that he takes the matter from where he left it. If he is to consult the Clerk, so be it. But as far as this House is concerned, the responsibility lies squarely on the Chairperson of the Committee on Labour and Social Welfare.

On a point or order, Mr. Temporary Speaker, Sir. I sympathize with the Chairman, the retired Judge, but obviously being an opposition Senator, probably he does not get the requisite urgent response from the Government. I want to urge the Chair that the point raised by Sen. Musila on the transfer of social safety net funds to the disabled and elderly people is such a critical matter to all our counties including your own county. What is happening today is that the money goes to the counties and it is handled by the so called County Commissioners. They are the ones who sit down and draw fraudulent lists of friends, fictitious characters, ghosts and then they go and receive the money. We want our people to receive the money because this is taxpayers’ money and not a gift. I want to urge the Chair to set a date and order that the Cabinet Secretary responsible appears before a Committee of the Whole House to table the list of transfers so far, the recipients per county and sub-county so that we can be able to interrogate

Mr. Temporary Speaker, Sir, in fact, to help the Chairman, the direction was very clear; when Sen. Musila requested for the list, it was advanced to him and after the list was advanced to him, it was discovered in the interrogation of that list that there are non-existent or dead persons on that list who are purportedly receiving funds. The direction, therefore, was that the lists be provided in advance so that we can interrogate it. I say so with some element of authority because a certain gentleman in Kilome was given a card three years ago, when they went to withdraw money, they discovered there was no money. This meant that somebody had siphoned the money. It is important that that list arrives before the Cabinet Secretary.

Mr. Temporary Speaker, Sir, what Sen. Musila is raising here is a very fundamental matter. This is an issue which is really of great concern to many of us representing counties. This is a very important and attractive programme intended to provide relief to very deserving citizens. Every time we go out to the counties, we encounter these old people in very poor shape and you find that they are not benefitting from these programmes. You begin to wonder who then would be benefitting from this programme if the kind of people that I see are not. I want to support this proposal that the Chairperson of this Committee invites the Cabinet Secretary for a session with the entire Senate so that we can interrogate him and find out exactly who benefits. As far as I am concerned, I think there is serious fraud going on in the application of these funds. Thank you.

Mr. Temporary Speaker, Sir, I know in the last session, the Chairperson furnished a list of counties that are benefitting, but we expected in the Budget that was read last week that anybody that qualifies as an elder to have been captured. So, maybe he needs to be appraised in light of what was approved last week so that we can be able to tell. We have enough problems as Sen. Obure has said. You cannot hold a peaceful meeting in the county because immediately you settle down, an old man stands and asks for their money. Could we get an update of how much was set aside this year?

Chairperson, what I am getting from the clerks is that you should clarify whether you have tried to convene a meeting with the CS. If you have done that but then you feel that you are having some difficulties, then the Speaker’s office should assist immediately.

Mr. Temporary Speaker, Sir, I appreciate the concerns of Senators. I will take personal initiative in this matter to ensure that a commitment letter is done to the CS and all those responsible officers so that they can be in a position to appear before a Committee of the Whole. I will do that within the next two weeks.

I think two weeks is very fair.

Mr. Temporary Speaker, Sir, on behalf of the Senators in this House, I want to thank the Chair and state that two weeks would be sufficient but I want to plead that sufficient information be brought. As Sen. Mutula Kilonzo Jnr. suggested, it should be brought at least a week before so that we can interrogate it so that when the Cabinet Secretary comes, we will be in a position to deal with the matter conclusively.

Chairperson, it is so ordered. On the first request on security, I think two weeks will also be sufficient. The Chairperson should avail the answer. Next Order! Sen. Okong’o, I can see that you have a point of order while Sen. Khaniri has a request to talk. What is your point of order, Sen. Khaniri?

Mr. Temporary Speaker, Sir, we are on Statements. As a tradition, you had started with requests for statements yet there are statements listed in the appendix of the Order Paper which are supposed to be delivered. I, for example, am expecting a response to a statement from the Committee on Land and Natural Resources on the issue of Mau Forest that I requested four weeks ago.

I understand the seriousness of getting answers to the statements. However, equally, there is also some business which the House needs to transact. Could we reschedule that to tomorrow? Is it okay with you, Sen. Khaniri?

Mr. Temporary Speaker, Sir, most of the Chairmen rarely come to respond to statements. Since they are listed on the appendix of the Order Paper, why should we keep asking for statements? You devoted a lot of time on requests for new statements yet there are very many statements pending. If there is a Chairman who is ready with their response, let them respond. I can see there are about five statements but I am sure most of the Chairmen may not be here. Let it be on record that you called for replies to statements but they were not there to present them.

Sen. Khaniri, I am not worried about them not being present. However, my worry is time. I know that you are one of those who had requested for a response to statements but because of time, we should move to the next Order. We could receive replies to statements tomorrow. Next Order!

Mr. Temporary Speaker, Sir, I beg to move that the County Allocation of Revenue Bill (Senate Bill No.5 of 2015) be now read a second time. This is a very important Bill in this House. It is one of the Bills that have specifically been identified in the Constitution as originating from this House. It also touches on the core mandate of this House on allocation of resources to county governments. Mr. Temporary Speaker, Sir, the Bill provides for the allocation of revenue which is raised nationally and also conditional allocations among county governments for the Fiscal Year 2015/2016. The Bill also has provisions on transfer of county allocations from the Consolidated Fund to the County Revenue Funds. Mr. Temporary Speaker, Sir, this Bill also provides for publishing of quarterly reports on the transfers made to the counties by county treasuries to county assemblies. At the same time, the Bill also has provisions for mechanisms of dispute resolution on issues regarding revenue allocation between counties. Mr. Temporary Speaker, Sir, Clause 3 of the Bill is about the objects and purpose of the Act has three main issues. One of them is the allocation of the equitable share of revenue raised nationally. This is the main fundamental responsibility of this House. Article 96 of the Constitution gives the Senate the mandate to represent the interests of and to protect counties. The single most important issue is the representation of the interests of counties which has to do with the allocation of revenue to the counties. Therefore, this Bill provides for allocation of an equitable share of revenue raised nationally in accordance with resolutions approved by Parliament under Article 217 of the Constitution. Mr. Temporary Speaker, Sir, conditional allocations are also provided for pursuant to Article 187 of the Constitution. I want to go specifically into that detail. On Clause 4, each county government’s equitable share of revenue raised nationally on the basis of revenue sharing formula by Parliament in accordance with Article 217 of the Constitution is set out in the First Schedule in this Bill. I will talk about that formula. Mr. Speaker, Sir, the Constitution provides that for the first three years, a formula for sharing revenue be developed. A formula was developed before the Senate came into being. That formula will end at around November this year. Therefore, this is the last financial year that the formula is applicable. That formula should be changed next year and a new revenue sharing formula determined. Early this year, our Committee submitted a proposed formula which was rejected by the House. The Committee – I want to inform the Senators – is working together with

When?

This week. Mr. Temporary Speaker, Sir, we want to know why the county roads are still with the national Government. If those county roads are transferred the way we did when we did the transfers of all those functions, the entire RMLF should go to the county governments and not 15 per cent. Instead of them getting Kshs30 billion, they are getting Kshs3.3 billion. This is a matter that this House needs to stand up and be counted so that the counties can get their rights. Those are the specifics. Details are also available in the Bill. It describes each of those conditional allocations. Mr. Temporary Speaker, Sir, the last one is the Third Schedule. It looks at the conditional allocations to county governments from loans and grants from development partners. What is happening is that some of the development partners are going round the counties inspecting facilities. If they like your health facility, they want to fund it. We have ongoing projects which were started before the county governments came to specific institutions and programmes. There is a lot of detail in the Bill on all those programmes. In fact, there are even more programmes and institutions in the Bill. Last year on the Third Schedule, we had Kshs13 billion from donors in grants and loans while this year the total is Kshs10 billion. Out of this Kshs10 billion, the World Bank loan to supplement financing of county health facilities is Kshs508 million. The specific counties which are benefiting are listed here. These are Baringo, Elgeyo- Marakwet and so on and so forth. Mr. Temporary Speaker, Sir, these are conditional allocations. It will be transferred directly to the county revenue fund which means that they have to budget for them. They will get that money if they meet the agreed conditions. Danish International Development Agency (DANIDA) is providing Kshs844,710,000 to literally all the counties to support health facilities. Mr. Temporary Speaker, Sir, there are others and the total is Kshs9.3 billion. Of course, the single largest amount is allocated to Nairobi County. I can see that the Senator for Nairobi County is in today. His county is the biggest beneficiary of these loans. Out of Kshs9.3 billion, it will Kshs6.2 billion. These are conditional allocations that will not be transferred to the county government directly. The national Government will provide for it in their estimates and they will spend it on behalf of the county governments. The details of how they will spend this amount are captured in agreements.

On a point of order, Mr. Temporary Speaker, Sir. Did you hear the Senator for Mandera County saying that there are forces and people who want to sabotage devolution? Could he substantiate and give the names and details of these characters who want to sabotage devolution?

Mr. Temporary Speaker, Sir, if he wants me to substantiate the obvious I will. A few days ago, he knows that this House had to go into mediation to get money for our hospitals which are without drugs, equipment and medicine. Those Members of Parliament (MPs) in the “Lower House” are an example of a group of people that is opposed or sabotaging devolution. The hon. Senator knows some of the other members of the society in this country who do not hold devolution dearly. Devolution includes those institutions that have been mandated in the Constitution to protect devolution. One of them is this House. Our Senator should appreciate that the national Government, including the Executive do not hold this House in esteem and it is a fact. How would they allow the National Assembly to remove money provided for oversight of the Kshs259 billion? The National Treasury has the mandate to overrule a recommendation by the Budget and Appropriation Committee. These are all examples. If the hon. Senator wants me to go further, I can.

Madam Temporary Speaker, I want to say that the Auditor-General is an example, the fact that he has not been sufficiently resourced to have auditors in every county and audit this money which we are sending, is an example of people not being committed to devolution. If we really want devolution, we should provide money to the Auditor- General so that he can have an office and workers in every county, so that we can have real time audit. What is happening today is that we are in June and the audit reports for the Financial Year ending 30th June, 2014, for the 47 county governments are yet to be published.

Madam Temporary Speaker, I rise to second this Bill. This is possibly one of the only Bills that make the Senate very popular. If this was Christmas my Chair will be Santa Claus because we are now dishing out the money that they have been anxiously waiting for. Otherwise, nobody wants to hear of the Senate when we are discussing matters of accountability. We are allocating revenue to counties against a backdrop of a lot of things which I want to highlight, so that as we ably support this Bill, we must tell the public that the bulk of the money has been left at the national Government. As I support, I want Kenyans to know how we are prioritizing these resources so that when they look into the eyes of the Members of the National Assembly, they ought to ask them, as Sen. Billow posed, do these people reside on trees or utopia? They allocated the laptop Project Kshs17 billion, National Irrigation Kshs11.3 billion, National Youth Service allocation has been increased from the original Kshs6.3 billion allocated under Budget Policy Statements (BPS) to Kshs25 billion, parastatals which do not have any programmes that we have seen in the budget have this year received Kshs518 billion. Contingency Fund under the National Treasury was allocated Kshs5 billion. Contingency under the Ministry of Devolution was allocated another Kshs1 billion. The most popular and the flavour of the day, the Constituency Development Fund (CDF) was allocated Kshs35 billion. Leasing of medical equipment was allocated Kshs4.5 billion. The kitty for health under the national Government, was allocated Kshs59 billion. These are staggering figures. Madam Temporary Speaker, as I support this Bill, it is unfortunate because we are actually just giving a rose with all the thorns. We must be honest that as we allocate Kshs259 or Kshs283 billion to counties, we must tell our people that they have been shortchanged by none other than their brothers and sisters in the National Assembly who do not think that they ought to get that allocation. In fact, the monies that have been reduced in the schedules that are attached to this Bill include very important aspects. For example, village polytechnics will be

Asante sana, Bi Spika wa Muda, kwa kuniruhusu nichangie huu Mswada. Ni furaha kwetu sisi Maseneta kwa sababu tunajua kwamba jukumu kubwa tulilopewa na wananchi walipotupigia kura ni kuhakikisha tumepigania pesa zaidi ziende kule mashinani kama vile Katiba inasema. Kama vile Mwenyekiti wetu, Sen. Billow, alivyosema, kweli safari ya kutafuta hizi pesa ilikuwa ngumu sana. Ni kama ile ya Musa ambapo ilimbidi apasue jiwe ndipo maji yakatoka. Ni kero sana kwetu na kwa wananchi hasa tukishajua pesa ambazo ni ngumu kupata zitatumika kwa njia mbaya. Kaunti yangu ya Kajiado imepewa pesa zaidi ikilinganishwa na mwaka uliopita. Mwaka huu wa 2015/2016 watakuwa na Kshs4.4 bilioni. Itakuwa furaha yangu napia wananchi wa kaunti hiyo kuona zile pesa zimetumika vizuri ili kupunguza shida zinazowakumba. Ikiwezekena, viongozi wa daraja zote tushirikiane kabisa kupunguza hizi shida. Haifai watu kuanza kufikiria vile hizo pesa zitaendakwa mifukoni ya watu wengine.

Thank you, Madam Temporary Speaker, for this opportunity. I support this Bill on the County Allocation of Revenue. When the Chairperson of the relevant Committee, Sen. Billow, was moving this Bill he gave an example of Kitui County and said it has been allocated Kshs7.2 billion. I want to confirm that since this world was created this amount of money or even any amount near that figure has never been seen in Kitui County. Therefore, I applaud devolution because it is only through devolution that we can see resources devolved by the national Government. Madam Temporary Speaker, you know as I know that in the past, the Government for the last 50 years of our Independence has been marginalizing certain counties. This is the only opportunity that we have that our counties can get funds to develop. Even when you look at the allocations at Schedule III, you can see the conditional allocations, the big figures are going to those counties that have been favoured in the past. Even this favouratism is still continuing using the 85 per cent funds that remained in the national Government. If, for example, you look at the funds that have been allocated to the National Youth Service (NYS) which will be conducting projects in counties, they have been given over Kshs200 billion. This money is meant to develop counties. However, it will be disbursed from Nairobi. The counties to benefit from these funds will be chosen from Nairobi. We, as the Senate, this is the attempt we made to say that part of this money be sent to the counties so that those projects that are supposed to be implemented in the counties are implemented by the county governments. However, this proposal was rejected. Therefore, already I am hearing that certain counties have been earmarked using these funds so that the NYS can justify having spend the money in counties and yet it is

Order, Senator! I am not Madam Temporary Speaker.

I apologise for that, Mr. Temporary Speaker, Sir. I will be looking at you so that I do not make the same mistake. Mr. Temporary Speaker, Sir, I have emphasised the issue of accountability. I have asked my fellow Senators to publish all the figures as we give out money. I promise that I will publish all the money that we have given to Kitui County Government since its inception to date. Members of the public along with the Members of County Assembly (MCAs) will assist me in ensuring that the money is properly accounted for. Mr. Temporary Speaker, Sir, currently, we are undergoing problems of health facilities. I spent part of our recess in touring health facilities in Kitui County. I confirm, to the credit of the Kitui County Government, that I found drugs in all health facilities that I visited. Recently, we were told that health services will be returned to the national Government because certain things are missing in county governments.

Order, Sen. Orengo! You are completely out of order.

Mr. Temporary Speaker, Sir, I deserve to be compensated the minutes that I have lost as a result of disturbance by the Senator for Siaya County. Mr. Temporary Speaker, Sir, I was decrying the inability of the Auditor-General to perform auditing of county accounts. As we all know, as of now, he has not reached many counties. We urge him to open offices in all county headquarters and ensure that all county accounts are audited so that this Senate can have a basis of knowing which governor is working, misusing or not misusing funds. Where misappropriation of funds is found, we want people to go to court. Mr. Temporary Speaker, Sir, the other day, we saw very junior officers from county governments being taken to court. We want the “big fish” to go to court and answer questions. That is where corruption and misappropriation of funds has taken place. Mr. Temporary Speaker, Sir, I beg to support.

Thank you, Mr. Temporary Speaker, Sir. I also rise to support the County Allocation of Revenue Bill, 2015. We have seen this Senate go through mediation for this Bill to come. Mr. Temporary Speaker, Sir, it is important for the county governments to understand that while the Senate allocates funds to them and the national Government remains with a huge sum, we expect them to provide quality services to people. Many years to come people should be able to appreciate why this Senate was the foundation of devolved governments. Looking at the allocations, Nairobi County takes the lion’s share. But we know that if Nairobi County could collect revenue in a transparent and accountable manner, we

On a point of order, Mr. Temporary Speaker, Sir. Is it appropriate for the Senator to refer to preparations for the visit by Obama when we know that when even our own President is going to Kakamega, the people of Kakamega are told to clean the streets and do everything possible to make the town clean? What is wrong with us trying to make our city better in preparation for the visit by President Obama?

On a point of order, Mr. Temporary Speaker, Sir. Is the Jubilee Senator in order to condemn beautification of Nairobi due to the forthcoming visit by Obama, when the entire Jubilee unanimously moved billions of shillings for beautification of Nyeri during the beatification of the nun there? Is she in order, given that when they moved those billions for that exercise they never sought for Parliamentary approval?

Mr. Temporary Speaker, Sir, I am a Catholic. I am sorry to tell the Senator that we Catholics do not use public funds for beatification. Everything was done through the Catholic church and he needs to go and look at the records. Regarding the preparations for President Obama’s visit, I was just giving an example. It is unfortunate that we have to wait until there is a planned visit for us to do something, yet we know that Kenyans need services always. I am happy that Obama is coming. However, shall we be waiting for a guest to come before we rehabilitate our roads?

On a point of order, Mr. Temporary Speaker, Sir. Is the distinguished Senator in order to cite a road that is being repaired in preparation for the guest who is coming and forget that when President Uhuru is going to a small village, that is the time that the roads are repaired? If President Uhuru goes to a village that is one-and-a-half kilometres away from the main road, that is the only section that is graded and watered. Is she in order to forget that?

Mr. Temporary Speaker, Sir, maybe it is the English language. Let me rephrase it. It will be unfortunate if our people can only get services when we have leaders or politicians visiting. Under the new Constitution, everyone has a right to a good road. Good roads should crosscut every county. It is not only the politicians who should have tarmacked roads to their homes.

On a point of order, Mr. Temporary Speaker, Sir. It is clear under our rules of debate that a Senator must be responsible for the factuality of whatever they state during debate. She has told us, and I am very happy to hear, that the beautification and clean-up of Nyeri was done and the Catholic Church actually paid for it. Could she support that statement with facts to demonstrate that it was not the Government of Kenya, or the county government, but the Catholic Church which did that good work? Otherwise, she will be misleading the House. Could she table the evidence to show?

Mr. Temporary Speaker, Sir, before I table any evidence, he also needs to show us where the government spent its money because he is the one who brought the issue. That is why I defended my Catholic Church. He is the one who claimed that the Catholic Church used government funds. So, he should substantiate that. I will go to Bishop Njue, and bring the documents of the Catholic Church.

Hon. Senators, Sen. Elachi is right that Sen. (Dr.) Khalwale started by saying that the Government used funds to do the beautification. So, it is upon him to substantiate.

Mr. Temporary Speaker, Sir, indeed, it is my responsibility, but again, may I remind the Senator that a Senator is not expected to substantiate that which is already in the HANSARD. It is in the HANSARD of this House that I rose and demanded for a Statement about the same for Obama, that the debate of Nyeri also arose. We were assured that if funds will be available then roads in Kogelo and Kisumu will be done in the same way that they were done in Nyeri. My understanding is that since that Statement came from the Government, they were confirming that, probably, the same efforts used in Nyeri will be used in Kogelo and Kisumu. I have substantiated.

Hon. Senators, let us not dwell so much on that matter because her point was quite clear. She was trying to reinforce on how efficient the governors should be. They should not wait, for instance, for Sen. (Dr.) Khalwale to go to Kajiado so that the Governor for Kajiado can construct the roads.

Mr. Temporary Speaker, Sir, if the Catholic Church hears this coming out of the Senate, they will not be happy because I know that every Catholic

On a point of information, Mr. Temporary Speaker, Sir. I would like to thank Sen. Elachi for accepting to be informed. I want to inform her that there is no change by virtue of creating the new Ministry of Water and “something.” The only thing that was added in that place was the Cabinet Secretary. Otherwise, the Principal Secretary, the deputy and everybody else were there in that particular department. So, there is no justification whatsoever. Therefore, I agree with you that we will hold them to account in 2016 because it is a joke.

Mr. Temporary Speaker, Sir, since we now have a new Cabinet Secretary, I would want to see what will happen. I do not want to judge him now because he has just been appointed to the Ministry. Let us wait and see, maybe he will work differently. Perhaps, the other one was overloaded because environment and water are two huge sectors that cannot be dealt with together. I beg to support.

Mr. Temporary Speaker, Sir, I stand to support the County Allocation of Revenue Bill, 2015. This is a very important Bill that we have to pass as the Senate that gives allocations for the counties. Most counties are looking forward to this allocation in terms of progress so that they can move on with the work that they are doing within the various counties. Mr. Temporary Speaker, Sir, the equitable share of revenue raised that is being shared is Kshs259 billion together with conditional funds that amount to almost Kshs21 billion. As has been said by other speakers before me, we are talking about the portion that is given to the counties, but there is also a large portion of it, 85 per cent that has been given to the national Government. It is also important to pinpoint some of the areas where a lot of money has been put in and to question the kind of structures that have been put into place early enough so that we can ensure that the collaboration and the hard work that counties are undertaking is also replicated within the national Government. If you are looking at a school feeding

Thank you, Mr. Temporary Speaker, Sir. I rise to add my voice in support of this Bill. I would like to remind us all and the Governors who are going to be the main custodians of these funds that they need to relook at the Constitution, specifically the provisions that were given on devolved units. It should be a matter of priority for every governor to, probably, print in bold Article 174 of the Constitution and have it pasted in his office, if not for anything, but to help him remind himself about the objects and principles of devolved governments. As he executes and runs the affairs of his respective county, he will constantly remind himself of the responsibility that has been bestowed upon him, not only by his people, but by Kenyans. It is, indeed, very sad that in this House, we have considered certain issues of priority emanating from some counties, but leave a lot to be desired in terms of priority expenditure. Devolution was meant to decentralize power and resources to the people, improve the welfare of the people at that grassroots and take governance closer to the people. It was not meant to be a fortified institution benefiting a few people and creating dynasties. Because of that, I speak on behalf of many Kenyans who support devolution. In spite of all the good tidings that are coming from devolution and the development that is being experienced, especially in areas that have not experienced this before, we must be wary that during this political dispensation, we are dealing with

Mr. Temporary Speaker, Sir, I support this Bill that seeks to apportion revenue available to the 47 county governments. The amount of money that is available to the counties is still a far cry from what the counties require. A figure of Kshs259 billion out of a budget of Kshs2 trillion is still small considering that this money that is going to the counties is money that is going to the grassroots or directly to the people of Kenya who we represent in this House. When we talk about the Constitution, it gives sovereignty to the people and that authority is exercised through the elected leaders. If all Kenyans were to be asked how much money should go to the counties, certainly it would not be the figure we are talking about. Nevertheless, the Senate has tried all it could as the defender of counties to safeguard and ensure that they get what they deserve. We may not have succeeded in getting what we needed, but certainly the counties are going to get more than what they got last year. This is not to say that we are complacent. I believe that come next year we should be able to raise this figure by all means even if it means having some constitutional amendments to ensure that counties get their share. Mr. Temporary Speaker, Sir, the formula for distribution of funds to the counties is a formula that we inherited when we came to this House. Next year, we should be able to come up with our own formula that will ensure more equitable distribution of resources. In the first year, the formula may have been appropriate. However, since the funds have kept increasing, the gap between the county that receives the highest amount of funds and the lowest is widening. We should consider other parameters to ensure that the gap is lessened. When we look at the estimates of expenditure as expounded by the Cabinet Secretary, it is evident that there are more funds being taken away from functions which

Order! Sen. Ndiema, when the Senate resumes tomorrow, you will still have five minutes.

Hon. Senators, it is now 6.30 p.m., time for interruption of the business. Therefore, the Senate stands adjourned until tomorrow, Wednesday, 17th June, 2015, at 2.30 p.m. The Senate rose at 6.30 p.m.