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  • Page 1 of Thursday 23rd July, 2015
  • July 23rd, 2015 SENATE DEBATES 1 PARLIAMENT OF KENYA THE SENATE THE HANSARD Thursday, 23rd July, 2015
  • The House met at the Senate Chamber, Parliament Buildings, at 2.30 p.m. [The Speaker (Hon. Ethuro) in the Chair]
  • PRAYERS

  • PETITION

  • OWNERSHIP OF SAFARICOM

  • Emma Mbura Getrude

    Mr. Speaker, Sir, I have a petition from one citizen of Mombasa County. This is a public petition. It is anchored under Articles 1, 2, 3, 142, 10, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 40, 43, 44, 47, 238 and 119 as read with Articles 93, 94 and 96 of the Constitution of Kenya. This is a petition for the protection of the people and the economy of the Republic of Kenya from sabotage by the subversive activities of the foreign owned and controlled telephony mobile operator, Safaricom Limited.

  • Billow Kerrow

    On a point of order, Mr. Speaker, Sir. You heard the opening statement of the Senator referring to Safaricom as a subversive foreign owned company. That is completely unacceptable. Safaricom is owned by Kenyans to a large extent and only a small potion which is 49 per cent is owned by foreigners. Therefore, 51 per cent of the shareholding is still owned by Kenyans in this country. But more importantly, subversive means that they have subverted the Constitution. Could she substantiate or withdraw those statements because they are not in order?

  • Emma Mbura Getrude

    Mr. Speaker, Sir, I withdraw that statement.

  • Ekwee David Ethuro (The Speaker)

    Order, Sen. Mbura! I would like to see a copy of your petition in order to confirm that it is the one that was approved. Resume your seat. We will move to the next Order. Once that is clarified, I will allow you to resume. 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.

  • July 23rd, 2015 SENATE DEBATES 2 PAPERS LAID Sen. Sang

    Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 23rd July, 2015. DRAFT OF SIM CARDS REGISTRATION REGULATIONS, 2015 A Draft Kenya Information and Communications Registration of Sim Cards Regulations, 2015 REPORTS ON THE OPERATIONS OF THE NTSA (1) A report of the sessional committee on delegated legislation on the Draft Kenya Information and Communications Registration of Sim Cards Regulations, 2015. (2) A report on the Sessional Committee on Delegated Legislation on; (a) The National Transport and Safety Authority Operation of Motor Cycles Regulations, 2015. (b) The National Transport and Safety Authority Operation of Tourists Service of Vehicle 2015, and (c) The Traffic Amendment Rules, 2015. A report of the Sessional Committee on Delegated Legislation on the National Transport Safety Authority Operation of Public Service Vehicles (Amendment) No.2 Regulation, 2014.

  • (Sen. Sang laid the documents on the Table)
  • Henry Tiole Ndiema

    Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 23rd July, 2015. QUARTERLY REPORTS OF THE TA FOR 2013/2014 (1) Quarterly Report of the Transition Authority on the progress in the implementation of the transition to the devolved system of Government, October to December, 2013. (2) A quarterly report of the Transition Authority on the progress report in the implementation of the transition to the devolved system of Government, July to September, 2014. (3) Quarterly report of the Transition Authority on the progress in the implementation of the transition to the devolved system of Government, October to December, 2014. 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.

  • July 23rd, 2015 SENATE DEBATES 3
  • REPORT ON ASSESSMENT OF LEVEL 5 HOSPITALS (4) Assessment of uptake of devolved health function in Level 5 hospitals.
  • (Sen. Ndiema laid the documents on the Table)
  • REPORT OF THE NATIONAL TEA CONFERENCE

  • Henry Tiole Ndiema

    I also beg to lay the following Paper on the Table of the Senate today, Thursday, 23rd July, 2015. Report of the National Tea Conference held on 12th to 14th October, 2014 at the Safari Park Hotel, Nairobi.

  • (Sen. Ndiema laid the document on the Table)
  • REPORTS OF THE AUDITOR-GENERAL ON THE FINANCIAL OPERATIONS OF VARIOUS COUNTY GOVERNMENTS

  • Bonny Khalwale

    Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 23rd July, 2015. Report of the Auditor-General on the Financial Statement of Kajiado County Government for the 16 months period ended on 30th June, 2014; Report of the Auditor-General on the financial operations of Uasin Gishu County Assembly for the year ended 30th June, 2014; Report of the Auditor-General on the financial operations of Kisii County Executive and Kisii County Assembly for the period 1st July, 2013 to 30th June, 2014; Report of the Auditor-General on the financial operations or Kisii County Assembly for the period 1st July to 30th June, 2014; Report of the Auditor-General on the financial operations of Kisii County Executive for the period 1st July, 2013 to 30th June, 2014. Report of the Auditor-General on the financial statements of Kitui County Government for the year ended June, 2014 and; finally, Report of the Auditor-General on the financial operations of Marsabit County Executive and Marsabit County Assembly for the year ended 30th June, 2014.

  • (Sen. (Dr.) Khalwale laid the documents on the Table) (Interruption of Order No.5, Papers)
  • Bonny Khalwale

    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.

  • July 23rd, 2015 SENATE DEBATES 4 POINT OF ORDER
  • MASSACRE OF KENYANS ON A BUS AND AT A QUARRY IN MANDERA AND KAPEDO

  • Dullo Fatuma Adan

    On a point of order, Mr. Speaker, Sir. I would like to make a correction on something that is on the Order Paper. This is on the second statement. This was not a statement, but a report of the Committee on National Security for Mandera, Kapedo and Laikipia. I would like to inform the House that last week, we had agreed to lay this Report on the Table today. Unfortunately, the Report is still in the process of getting an approval. Therefore, with your indulgence, I request Sen. Billow to bear with us and to lay the report on the Table next week.

  • Billow Kerrow

    On a point of order, Mr. Speaker, Sir. I brought that Motion to this House more than six months ago. From the time I brought it, to this House, almost 300 Kenyans have been slaughtered in Garissa, Mandera, Turkana, Kapedo and everywhere. This matter is very serious. It looks into the circumstances surrounding the killings that happened at the quarry, in the bus and other places like Kapedo. It is important that we get this report by Tuesday, next week. I will appreciate if the Chairperson can facilitate that.

  • Dullo Fatuma Adan

    Mr. Speaker, Sir, I appreciate this is a very important and sensitive matter. As I said earlier, the report has already left the desk of the Committee. I signed it and we are now in the process of getting a report to lay it on the Table. I can confirm that.

  • Ekwee David Ethuro (The Speaker)

    I can also confirm that the Committee has also finalised the report. Therefore, it will be laid on the Table on Tuesday, next week.

  • David Musila

    On a point of clarification, Mr. Speaker, Sir. I would like to know something regarding the approval that the Chairperson has talked about. Once the Committee finishes with a report, signs it, who approves it to be brought to the House? The Committee works on behalf of this House. We sent the Committee to do the work. They have signed the report. Who is supposed to approve it? I seek that clarification.

  • Ekwee David Ethuro (The Speaker)

    The approval authority is the Speaker. I thought that was such a mundane matter that you would know. That is why the Speaker is aware of the process.

  • (Resumption of Order No.5, Papers)
  • REPORT OF THE THIRD UN WORLD CONFERENCE ON DISASTER RISK REDUCTION

  • Ben Njoroge

    Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 23rd July, 2015. Report of the Third United Nations World Conference on Disaster Fisk Reduction from 14th to 18th March, 2015. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

  • July 23rd, 2015 SENATE DEBATES 5
  • The Parliamentary Meeting on the Occasion of the World Conference on the Disaster Risk Reduction brought together Members of the national government and regional parliaments who attended the conference---
  • Ekwee David Ethuro (The Speaker)

    Order, Sen. Njoroge! You are operating under Order No.5 which is just about laying the Paper on the Table. You should not go into details. What you started with is good enough for that Order.

  • Ben Njoroge

    Most obliged, Mr. Speaker, Sir.

  • (Sen.Njoroge laid the document on the Table)
  • Ali Abdi Bule

    Mr. Speaker, Sir, the Statement that I sought last week---

  • Ekwee David Ethuro (The Speaker)

    Order, Sen. Bule! You are just compounding your problem which the Chair and the House had done you a favour by ignoring. So, just hold your horses for now. Next Order!

  • NOTICE OF MOTION

  • ADOPTION OF REPORT OF THE THIRD UN WORLD CONFERENCE ON DISASTER RISK REDUCTION

  • Ben Njoroge

    Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, the House adopts the Report of the Third United Nations World Conference on Disaster Risk Reduction held from 14th to 18th March, 2015 in Sendai, Japan, laid on the Table of the House today Thursday 23rd July, 2015. Thank you.

  • Ekwee David Ethuro (The Speaker)

    Hon. Senators, under Standing Order No.39, I wish to reorganize the Order Paper. That Order No.9 becomes Order No.8, followed by Order No.10 and the rest can follow.

  • STATEMENTS

  • BUSINESS FOR THE WEEK COMMENCING TUESDAY, 28TH JULY, 2015

  • Kipchumba Murkomen

    (Sen. (Prof.) Kindiki): Mr. Speaker, Sir, pursuant to Standing Order No.45, I wish to give the business for the week starting 28th July, 2015. On Tuesday, 28th July, 2015, there will be a meeting of the Rules and Business Committee (RBC) at noon to schedule the business of the Senate for the week, and subject to the deliberations and decisions of that meeting, the Senate will continue with the business that will not be concluded today, focusing on the debate of Bills that are at the Second Reading stage. The Senate is also expected to vote on the following three Bills which are due for Division:- 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.

  • July 23rd, 2015 SENATE DEBATES 6
  • (1) The County Assembly Services Bill (Senate Bill No.27 of 2014) (2) The County Retirement Scheme Bill (Senate Bill No.25 of 2014) (3) The Universities (Amendment) Bill (Senate Bill No.31 of 2014) On Wednesday 29th July2015, the Senate will continue with the business not concluded during today’s sitting and further consider the following Bills and Regulations at the Committee of the Whole stage:- (1) The County Early Childhood Education Bill (Senate Bill No.32 of 2014) (2) The Public Appointments (County Assembly Approval) Bill (Senate Bill No.20 of 2014) (3) The Food Security Bill (Senate Bill No.23 of 2014) (4) The Tobacco Control Regulations, 2014 (5) The Reproductive Healthcare Bill (Senate Bill No.17 of 2014) The Senate will consider any other business that will be scheduled by the RBC. On Thursday 30th July, 2015, the Senate will consider Bills in Second Reading Stage. The Senate will also deliberate on the pending Motions and any other business that may be scheduled by the RBC. In addition, the Senate will consider a Motion of Adjournment to a day other than the next normal sitting day in accordance with the Senate calendar. As you are aware, we adopted a calendar that requires us to proceed on recess next week, on Thursday, 30th July, 2015. Hon. Senators, I, therefore, urge all Senators to avail themselves during all the three sitting days of next week to dispose of the pending business, especially undertaking Divisions on Bills at Second Reading and Committee of the Whole stages. Considering that next week we will be proceeding on recess, I implore and request all of us to avail ourselves so that we can dispose of all the pending businesses. I thank you, and I now lay this Statement on the Table of the Senate.
  • (Sen. (Prof.) Kindiki laid the document on the Table)
  • Bonny Khalwale

    Mr. Speaker, Sir, I want to thank the Senate Majority Leader for that communiqué. However, the House recalls that a few weeks ago, he gave us an interim Statement concerning the programme of President Barack Obama in Kenya. One of the things he promised was that when the visit of the President will be nearer, he will give a confirmation of whether the President will address this Senate. Could the Senate Majority Leader tell us now that it is confirmed that the nearest we can get is to be part of a crowd at Kasarani Stadium for the Address of the President, why the Government failed to convince the President to talk to the top leadership of this country in this Senate? Could he also confirm that maybe the reason they failed is because the President is disappointed with the way the National Assembly has been fighting for the disbandment of the institution charged with fighting corruption?

  • Kipchumba Murkomen

    (Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I thank Sen. (Dr.) Khalwale for the views he has expressed. However, the Government of Kenya has no control whatsoever in terms of deciding who the President of the United States of America (USA) would speak to. The Government would have wanted the President of the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

  • July 23rd, 2015 SENATE DEBATES 7
  • USA to visit as many places in Kenya as possible and to interact with as many institutions as possible, including this Senate. As far as we are concerned, the itinerary of the President of the USA, of course, has been done in consultation with the Government of Kenya. However, the Government of Kenya is only facilitating the visit. Therefore, the Government is not in a position to dictate to the US President whom they must talk to and where they must go to, other than providing logistics and support. That is why many Kenyans would have wanted the US President, for example, to visit K’ogelo. However, for whatever reason, the USA Government felt that, that was not important and we respect that decision. We appreciate the visit by the USA President and we think that this is a good thing for this country. The Government of Kenya is very proud to have hosted the first sitting USA President to have ever visited our country since 1963. Even before, I am not aware of any other.
  • Ekwee David Ethuro (The Speaker)

    Statement (b), Chairperson of the Committee on National Security and Foreign Relations.

  • Dullo Fatuma Adan

    Mr. Speaker, Sir,, I corrected this. This was not a Statement. It is a Motion that was awaiting a report of the Committee and I think I responded to it.

  • Ekwee David Ethuro (The Speaker)

    Part (c). KILLINGS IN KITUI COUNTY

  • Dullo Fatuma Adan

    Mr. Speaker, Sir, I remember that we responded to this particular Statement extensively last week and the week before. I remember we visited the CS, Interior and Coordination of National Government with the Chairperson to discuss this particular matter. What was left was the response on the issue of the police reservists. Mr. Speaker, Sir, let me confirm to this House and to Sen. Musila that I was in touch with the Minister for Interior and Coordination of National Government and the response was actually awaiting his signature for the purpose of documentation. Personally, I had spoken to the Eastern regional Commissioner - I am sure wherever she is she can hear this – and discussed with her insecurity that is affecting Kitui and Tana River and she assured me that she will make sure that they have dealt with the insecurity issues that are affecting that particular region. The response will be tabled in this House next week.

  • David Musila

    Mr. Speaker, Sir, I thank the Vice Chairperson of the Committee for the answer and for the efforts she has been making in giving us a response to this very important issue. I want to express my deepest disappointment over this matter. The killings were done three months ago. I raised the issue here and even after visiting the CS in his office, he promised that an operation to flush out the herders who were harassing and killing the people of Kitui County was going to be undertaken. However, up to today, it has not been done. The second point was the issue of arming police reservists to protect themselves because, so far, the Government has failed to protect the people which is a right guaranteed by the Constitution. Twice now, the Vice Chairperson has said that the response is ready only awaiting signature. We have heard this many times before. As this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

  • July 23rd, 2015 SENATE DEBATES 8
  • happens, my people continue to be harassed and killed by herders coming all the way from north eastern region, crossing to the Tana River County. How long do we wait for the signature of the CS and how long will we wait for the operation to be undertaken in this area? This is a very serious issue. Mr. Speaker, Sir, just to remind you, I am holding the HANSARD of last week in which you ordered that this matter be responded to “with finality”. Now that it has not been answered to finality, where are we going to?
  • Sammy Leshore

    On a point of order, Mr. Speaker, Sir. You have heard Sen. Musila talking of “flushing out”. Are these bandits or Kenyans? In Kenya, there are no bandits, but citizens.

  • John Munyes

    Mr. Speaker, Sir, it is true that the National Police Reservists (NPR) do a good job in the Arid and Semi-Arid Lands (ASALs). Sen. Musila, I and many of us here, would want to have many NPR units in our areas. What policy has the Government put in place to ensure that there is recruitment and establishment of the NPR in strategic areas like Makueni and Kitui which have faced severe harassment by cattle rustlers?

  • Ekwee David Ethuro (The Speaker)

    Chair, you will have to ignore the one from Sen. Munyes because the issue that we are dealing with now is about the process, but not the details on when the statement should be disposed of with finality. Therefore, I invite Sen. Munyes to be present on Tuesday when the matter will be concluded. Sen. Musila, you were challenged on a point of order in terms of flushing out bandits. Who do you flush out? Do you flush out citizens or bandits? You need to clarify that. Is there any difference between Kenyan bandits and foreign bandits?

  • David Musila

    Mr. Speaker, Sir, Sen. Leshore is a friend of mine. Coming from Samburu County where banditry and cattle rustling is the order of the day, I am shocked that he appears to be supporting banditry. For his information, in Kitui County, we do not have such things. We are only hope that the issue will not be exported to our county. Thank you, Mr. Speaker, Sir.

  • Moses Masika Wetangula (The Senate Minority Leader)

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

  • Ekwee David Ethuro (The Speaker)

    This is a procedural matter. Let us not get deep.

  • Senators

    Point of order, Mr. Speaker, Sir.

  • Ekwee David Ethuro (The Speaker)

    Order Members! Chair, could we get the response on Tuesday with finality?

  • Dullo Fatuma Adan

    Mr. Speaker, Sir, I will provide an answer to the statement on Tuesday. However, allow me to respond to---

  • Ekwee David Ethuro (The Speaker)

    How long does it take to append a signature?

  • Dullo Fatuma Adan

    Mr. Speaker, Sir, I can only rely on the information given to me by the Clerk of the Committee and from the Cabinet Secretary’s (CS) office. However, we will provide an answer to the statement on Tuesday, next week.

  • Ekwee David Ethuro (The Speaker)

    Order, Senator! I was very clear. This week, you rejected the Motion for extension. You went ahead to implore all of us to manage our time effectively. Therefore, I am subject to your own directions and I will not entertain any objections to that because you did it convincingly. 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.

  • Moses Masika Wetangula (July 23rd, 2015 SENATE DEBATES 9 The Senate Minority Leader)

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

  • Ekwee David Ethuro (The Speaker)

    Sen. Wetangula, I hope you are not on the same because I will rule you out of order.

  • Moses Masika Wetangula (The Senate Minority Leader)

    Mr. Speaker, Sir, it is not on the same, but on a related matter. The matter relates to the Chair. Could you hear me?

  • Ekwee David Ethuro (The Speaker)

    Which Chair?

  • Moses Masika Wetangula (The Senate Minority Leader)

    The Speaker of the House.

  • Ekwee David Ethuro (The Speaker)

    Okay.

  • Moses Masika Wetangula (The Senate Minority Leader)

    Mr. Speaker, Sir, the distinguished Senator for West Pokot County brought a Bill here regarding police reservists. He wanted them to be adopted, regularised and supported by the national Government to bolster security and we passed it. I have no doubt that you dutifully forwarded it to the “Lower House.” I seek to know, from you, the fate of that Bill because if it was dealt with in the “Lower House” and assented to, part of the problems that the distinguished Senator for Kitui County is talking about would be addressed. Mr. Speaker, Sir, is it one of the 17 Bills that the “Lower House” has refused to address having been passed in this House and forwarded to them in accordance with the Constitution and the Standing Orders?

  • Ekwee David Ethuro (The Speaker)

    For once, you have made the distinction between “same” and “similar”. So, I agree with you.

  • Sammy Leshore

    Thank you, Mr. Speaker, Sir, for giving me this opportunity to inform my good friend, Senator for Kitui County, to persuade his deputy leader, Sen. Abdirahman and Sen. Mohamud regarding the issue because most of the herders come from Wajir. They should flush out those herders.

  • Ekwee David Ethuro (The Speaker)

    Order, Sen. Leshore! You are completely out of order. The one you are giving information must agree with you. Sen. Musila has not agreed with what you have said. To respond to the point of order raised by the Senate Minority Leader, I wish to confirm that that Bill was passed by the House. It was referred to the National Assembly and is still pending there. That should suffice for now. We will communicate further details at the appropriate time. Sen. Adan, I direct that the response to the statement be made on Tuesday. We appreciate the progress you have made, but it is not enough until the matter is concluded. Let us move to Statement (d) on the outbreak of malaria in the western region. OUTBREAK OF MALARIA IN THE WESTERN REGION

  • Ekwee David Ethuro (The Speaker)

    Sen. Khaniri, this is your statement. We should hear from the Chair first. Is the Chairperson, Vice Chairperson or any Member of the Committee on Health around? Proceed, Sen. Khaniri in their absence.

  • George Khaniri

    Mr. Speaker, Sir, you will recall that last week, the Vice Chairperson of the Committee on Health issued a statement. However, she did not answer 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.

  • July 23rd, 2015 SENATE DEBATES 10
  • the supplementary questions that followed to the satisfaction of this House. It was ordered that she invites the CS for Health to come and answer some of the concerns that Members raised. Our expectation was that the Committee would invite the CS to respond to issues that Members had. Mr. Speaker, Sir, I just want to inform the House that the problem of malaria is escalating. For those of us who have been following news, malaria has now spread to Trans Nzoia and Bungoma counties. I heard cases of deaths arising from malaria being reported in these counties. Therefore, it is important that the CS comes to respond to these matters so that we bring it to a close.
  • Ekwee David Ethuro (The Speaker)

    Indeed, the Chair agrees with Sen. Khaniri. This is a matter of an outbreak of a disease, but not a normal matter. The Committee must also respond to it as an emergency. I cannot see the Chairman or the Vice Chairperson of the Committee. However, I recognise Sen. Nanjira who is a Member of the Committee.

  • Godliver Nanjira Omondi

    Thank you, Mr. Speaker, Sir, for giving me this opportunity. I am keeping quiet because yesterday, I mentioned that I am a Member of the Committee, but you declined to give me an opportunity. Instead, you gave the Chief Whip from the Government side. That is why I kept quiet because I thought that you do not want me to respond to issues concerning the Committee on Health.

  • Ekwee David Ethuro (The Speaker)

    My apology, Senator. I did not realise that you are a Member of the Committee. This is one of the rare cases where even the Chair is advised.

  • Godliver Nanjira Omondi

    Thank you, Mr. Speaker, Sir, I accept your apology. I did not convey yesterday’s request from the Senator because I knew that Sen. Elachi would give the message. We, as a Committee, were to meet the CS today in the morning, but he sent an apology. Therefore, we shall be meeting him next week. We will discuss the issues with him and report to the House. Thank you, Mr. Speaker, Sir.

  • Ekwee David Ethuro (The Speaker)

    Sen. Omondi, that is not good enough. When will you meet the CS? My recommendation is that since we know there is an international conference this week, you can do it on Monday or even Tuesday. If the CS fails to turn up, you can do summons and we will approve them. This matter is clear. The most important thing for now is to get the CS. There is nothing that the rest of you will do.

  • Godliver Nanjira Omondi

    It is okay, Mr. Speaker, Sir.

  • Henry Tiole Ndiema

    On a point of order, Mr. Speaker, Sir. Because of the suspected outbreak of malaria also in Trans Nzoia County, specifically Twiga area, where several deaths have been reported, could that be included also in the response?

  • Ekwee David Ethuro (The Speaker)

    I thought that Sen. Khaniri had actually explained that the problem has even increased now. Therefore, that should be the expectation of the House; it is just common sense. Next Statement! The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

  • July 23rd, 2015 SENATE DEBATES 11
  • CRITERIA FOR APPOINTMENT/REGIONAL DISTRIBUTION OF APPOINTMENT TO PARASTATALS

  • Ekwee David Ethuro (The Speaker)

    Sen. Karue, I thought that this statement was made yesterday. What did you conclude?

  • Stephen Muriuki Ngare

    Mr. Speaker, Sir, the statement which was to be issued included some attachment which the Members requested to be tabled and photocopies be done and circulated to them before it is given.

  • Ekwee David Ethuro (The Speaker)

    When does the statement come back?

  • Stephen Muriuki Ngare

    Mr. Speaker, Sir, it should be answered now.

  • Ekwee David Ethuro (The Speaker)

    Where is the Vice-Chair of the Committee or any Member of the Committee? Sen. Elachi!

  • Beatrice Elachi

    Mr. Speaker, Sir, can I read it?

  • Ekwee David Ethuro (The Speaker)

    Order, Sen. Elachi. Do you have instructions from the Vice-Chairperson?

  • Beatrice Elachi

    No, Mr. Speaker, Sir.

  • Ekwee David Ethuro (The Speaker)

    Then how will you be competent to respond to supplementary issues?

  • Beatrice Elachi

    Mr. Speaker, Sir, they have handed it over to me, but I know that there are very weighty issues that had been raised. Even though I can read the list, I will not be in a position to answer some of the questions that the Senator had asked in “b”, specifically.

  • Ekwee David Ethuro (The Speaker)

    Absolutely. I do not think that we should be acting in vain. Let us make good use of our time. Sen. Elachi, I direct you to deliver the Vice- Chairperson of the Committee to the House on Tuesday.

  • (Statement deferred)
  • Ekwee David Ethuro (The Speaker)

    Next Statement! MYSTERIOUS DEATH OF CORPORAL BERNARD OKINDO MAGETO

  • Dullo Fatuma Adan

    Mr. Speaker, Sir, I do not have this particular statement because it is not ready. I have discussed the same with Sen. Obure and I will issue it next week.

  • Ekwee David Ethuro (The Speaker)

    When?

  • Dullo Fatuma Adan

    On Thursday, next week.

  • Ekwee David Ethuro (The Speaker)

    Why do you not make an attempt on Tuesday? You have a long time between now and Tuesday.

  • Dullo Fatuma Adan

    Mr. Speaker, Sir, I will try. I was just giving myself an allowance of up to Thursday. However, I will make sure that I have it by Tuesday.

  • Ekwee David Ethuro (The Speaker)

    Do not build in failure; always be optimistic.

  • Dullo Fatuma Adan

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

  • July 23rd, 2015 SENATE DEBATES 12
  • OUTBREAK OF MALARIA IN THE WESTERN REGION

  • Moses Masika Wetangula (The Senate Minority Leader)

    On a point of order, Mr. Speaker, Sir. If you can allow me to move you back a little on the issue of the malaria problem in the Western region. It is so critical that last week we were told by the distinguished Senator for Vihiga that 22 children had died in Vihiga, over 38 in Kakamega and now they are dying in Trans Nzoia and Bungoma. In addition to the malaria challenge, over 20 children have been paralyzed in Busia for being administered injections by “doctors” who may not be qualified. These health challenges cannot be taken casually the way we are seeing it. In some places, the whole national Government would have moved to the western region to see and assess why children are dying. Is it because the western region is not in Jubilee or what is the problem? Whether these children dying are in Turkana, Elgeyo-Marakwet, Samburu or Pokot, they are children of Kenya. I would want you, as the Speaker of this House that defends and protects devolution, counties and their governments and the people therein, to come out strongly on this. I understand that Members of the Committee on Health are in Canada on some mission, when children are dying in western and nobody is going there. This is not right. It is a pity that they are benchmarking in Canada while our children are dying in western Kenya. I want to urge you to come out strongly on this because we, as a Senate, have a duty to Kenyans wherever they are, to ensure that they get good health care.

  • Kipchumba Murkomen

    On a point of order, Mr. Speaker, Sir. Is it in order for the Senate Minority Leader to question his own responsibility in terms of the performance of this House? If there is someone who is culpable in so far as the performance of the Committees of this House is concerned, the leading one will be the Senate Majority Leader and the Senate Minority Leader. Is it in order for the Senate Minority Leader to question the performance of the Committees of this House, when this House, the Standing Orders and Constitution, put a responsibility on himself to ensure that Committees perform in the manner in which they are supposed to?

  • Moses Masika Wetangula (The Senate Minority Leader)

    Mr. Speaker, Sir, that kneejerk reaction shows the culpability of this Government. Nowhere in the Standing Orders of this House does the responsibility of the performance of Committees rest on Senate Majority Leader or Senate Minority Leader. Once the Committees are set, they operate under the direction of the management of Parliament, which is, the Speaker and the Clerk. Secondly, nowhere in the Standing Orders or Constitution does the Senate Majority Leader or Senate Minority Leader grant permission to any Member to go out of the country. We do not do so. Thirdly, the Member crying louder than the bereaved is the Chairman of the Committee on Devolved Government, whose responsibility is greater than the Chairman of any other Committee, in ensuring that devolution works and people in the counties get value for money in health, education and everything. He and his colleagues are busy with helicopters moving around the country, donating--- 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.

  • Ekwee David Ethuro (July 23rd, 2015 SENATE DEBATES 13 The Speaker)

    Order! Order! What is it, Sen. Murkomen? Avoid the accusations, Members.

  • Kipchumba Murkomen

    Mr. Speaker, Sir, I am personally flattered by the manner in which, for the first time, the Senate Minority Leader has showered a lot of praises on me. However, I want to tell him that I am not Makmende to sort out every Committee problem in this House.

  • Ekwee David Ethuro (The Speaker)

    Order, Sen. Murkomen! He has not only showered you with praises, but enhanced your stature and responsibilities.

  • (Laughter)
  • Kipchumba Murkomen

    Mr. Speaker, Sir that is why I am very elated. But I wanted to add that when a responsibility is bestowed on an institution, like the RBC where the Senate Majority Leader and Senate Minority Leader sit, to address issues that are related to this House, and questions come to this House in relation to the performance of the Senate, it is completely out of order for the Senate Minority Leader to try and divert attention to the Jubilee Government or its senior leaders like myself.

  • (Loud consultations)
  • Kipchumba Murkomen

    That is by the admission of the Senate Minority Leader. If you saw it well, Sen. Omondi is the one who answered the question, and she sits on the same side as the Senate Minority Leader. As if that is not even enough, the Senate Minority Leader had a very integral role in the Constitution of the Senate Committees. It is not possible for this House to try to play to the gallery. We, as Senators, Senate Committees and institutions of Parliament, have to take a responsibility, without diverting attention to either the Executive or Judiciary. That is why on the question of children dying in Western Kenya, we must discuss on the merits and not divert attention.

  • Ekwee David Ethuro (The Speaker)

    Order, Senators! This is a matter that must be put it its context. There is a malaria outbreak, children are dying and there is no response. To me, the Senate Minority Leader, in desperation, is trying to understand the situation and giving the possibilities of “may it be this one, the other or the rest?” However, in terms of the responsibility of the House, the Senate Minority Leader knows that we do not micromanage Committees. Indeed, the Committees are appointed by the political leadership of the Houses. We approve as the RBC and allow them to work. They create their own schedules of travel, meetings and benchmarking. Where does the Speaker come in, Sen. Wetangula? Sen. Murkomen should not assume that because he has been showered with praises, now he has become a senior leader. You remain a humble Chair of a Committee of the Senate.

  • (Laughter)
  • Ekwee David Ethuro (The Speaker)

    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.

  • July 23rd, 2015 SENATE DEBATES 14
  • The most important message is that even when Members travel it is not the entire Committee, but a section of it that travels. It is the expectation of the Chair, the leadership and membership of the House that the remaining Members of the Committee must continue functioning. That is the way it is, should be and shall be. Sen. Godliver Omondi, since you are a Member you should proceed and try to make interventions. I give you the responsibility to ensure that you have the necessary meetings taking place, including visits if necessary. It is so ordered. What is it, Sen. Bule? CRITERIA USED IN ALLOCATION OF UWEZO FUND IN THE 47 COUNTIES
  • Ali Abdi Bule

    Mr. Speaker, Sir, on 10th July, 2015, I rose to seek a statement on two issues; that is, the Constituencies Development Fund (CDF) and Uwezo Fund. Whereas I apologise for my absence yesterday, the statement was issued yesterday in my absence, contrary to the traditions and practices of this House. It was supposed to be deferred because the person who sought it was absent. Once again, I request the Chairperson of the Committee on Finance, Commerce and Budget to issue the statement, so that I can interrogate his answer.

  • Ekwee David Ethuro (The Speaker)

    Order, Sen. Bule! I sympathize with you. However, this is not a matter that you petition the plenary. It will not help you. You should know where to go if you need the statement to be reinstated. The House followed that tradition you are making reference to. It is only a favour; you cannot demand. It allowed that tradition because when the statement was on the Order Paper this week and last week, we gave you sufficient time to come. It was deferred severally to accommodate you. However, there is a limit to which the business of the House must be concluded. Therefore, that statement was responded to yesterday. The Senate Minority Leader and other Members tried to put a case for you in terms of the provincial nature of the matter, but unfortunately, it is gone.

  • Ali Abdi Bule

    Mr. Speaker, Sir, on a point of order. This is not a committee issue. It is an issue concerning Tana River County. I am the Senator representing Tana River County. Therefore, I am the one to whom the answer should be directed to.

  • (Sen. Bule spoke off record)
  • Ekwee David Ethuro (The Speaker)

    Order, Sen. Bule! There is a difference between the permission of being away and permission for your business to be postponed. Therefore, that is the end of that matter. Next Order! What is it, Sen. Karaba?

  • Daniel Dickson Karaba

    Mr. Speaker, Sir, I have a statement that I was supposed to issue. It was requested by Sen. Nabwala one month ago. I fear that by next week, we will have gone for recess. However, I am of the view that this is important for Members to know. They subscribed to--- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

  • Ekwee David Ethuro (July 23rd, 2015 SENATE DEBATES 15 The Speaker)

    Order, Sen. Karaba! I have just told Sen. Bule how to proceed with such matters. Your statement is not listed. When it appeared on the Order Paper last time, you were given a reason why you could not proceed. Therefore, you need special consideration which you cannot obtain from the plenary of the House. Proceed, Sen. Wetangula.

  • (Sen. Mbura crossed the Floor without bowing to the Chair)
  • Moses Masika Wetangula (The Senate Minority Leader)

    Mr. Speaker, Sir, as a matter of etiquette and procedure in the House, did you notice that Sen. Mbura, the distinguished nominated Senator from Mombasa walked from where Sen. Njoroge is, across next to the Mace to where she has joined Sen. (Dr.) Khalwale?

  • Ekwee David Ethuro (The Speaker)

    Sen. Mbura, is that what happened?

  • (Loud consultations)
  • Ekwee David Ethuro (The Speaker)

    Order, Senators! A Senator shall not be prosecuted en masse .

  • Emma Mbura Getrude

    Mr. Speaker, Sir, I apologise.

  • (Sen. Mbura went to the Bar and bowed to the Chair)
  • Ekwee David Ethuro (The Speaker)

    What is it, Sen. Njoroge?

  • Ben Njoroge

    Mr. Speaker, Sir, have you noticed that the “visitors” to Sen. (Dr.) Khalwale are out of order. Even the Jubilee Senator seated next to him also had some issues in the way he addressed the House. Again, it is the other Senator from Jubilee. What are they doing there?

  • (Laughter) (Sen. Bule stood up in his place)
  • Ekwee David Ethuro (The Speaker)

    Order, Sen. Bule!

  • Ali Abdi Bule

    Mr. Speaker, Sir, let me clarify on the point that I have made in this House.

  • Ekwee David Ethuro (The Speaker)

    Order, Sen. Bule! You do not have to take some things seriously. In fact, the issue was about Sen. (Dr.) Khalwale. I cannot agree more with Sen. Njoroge. You crossed from the other side of the House to the other without bowing to the Chair. You already acknowledged your mistake and did the needful. It also happened to Sen. Mbura. I will not refer to your political affiliation. It is a fact, that both of you, even presently are seated next to Sen. (Dr.) Khalwale. The two of you crossed from one side to Sen. (Dr.) Khalwale’s side. Those are facts. The third fact is that both of you acknowledged the mistake, went back to the Bar and came back to the same person. Those facts are so compelling and irresistible that you do not need to be an expert to make such an observation. 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.

  • July 23rd, 2015 SENATE DEBATES 16
  • Let us proceed. Next order!
  • Ali Abdi Bule

    Mr. Speaker, Sir, I have a point of order. Please, allow me.

  • Ekwee David Ethuro (The Speaker)

    What is it, Sen. Bule?

  • Ali Abdi Bule

    On a point of order, Mr. Speaker, Sir. In this Senate, I am neither in Jubilee nor CORD. However, I can decide where to be. Today, I want to assure you that I am a CORD Member. I want to weaken the other side. I am still mobilizing to get some Members from Jubilee to come to this side.

  • (The Speaker (Hon. Ethuro) left the Chair) (The Temporary Speaker (Sen. Murkomen) took the Chair)
  • Kipchumba Murkomen (The Temporary Speaker)

    Order, Senators! Are all these interventions from Sen. Kanainza, Sen. Elachi, Sen. Ndiema, Sen. Ongoro, Sen. Njoroge and Sen. (Dr.) Khalwale related?

  • Hon. Senators

    Yes!

  • Kipchumba Murkomen (The Temporary Speaker)

    Okay, each one of you will have one minute. Proceed, Sen. (Dr.) Khalwale.

  • Bonny Khalwale

    Mr. Temporary Speaker, Sir, allow me to request for your indulgence so that I be appreciated for being a good teacher. I have succeeded in convincing Sen. Mbura and Sen. Bule to move away from Jubilee because it serves no useful purpose to the people of the coast region whom they represent in this House.

  • Kipchumba Murkomen (The Temporary Speaker)

    Sen. Mbura, did you hear what Sen. (Dr.) Khalwale said?

  • Emma Mbura Getrude

    No!

  • (Sen. Bule stood up in his place)
  • Kipchumba Murkomen (The Temporary Speaker)

    Order, Sen. Bule! Proceed, Sen. Njoroge.

  • Ben Njoroge

    Mr. Temporary Speaker, Sir, if it is true that Sen. Bule has defected from Jubilee to CORD, he should not be in this House. He should lose his seat if it has gone on record that he has defected to that side.

  • (Sen. Bule spoke off record)
  • Kipchumba Murkomen (The Temporary Speaker)

    Order, Sen. Bule! This is not a fish market in Tana River or a goat market in Hola. This is the Senate. Just listen, you will be given your time. Press the button and wait. Sen. (Dr.) Khalwale, you have told the Senate that you have been a good teacher. Did you teach Sen. Bule about the Standing Orders and how to behave? You need to assist your neighbour. Proceed, Sen. Ongoro. 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.

  • July 23rd, 2015 SENATE DEBATES 17 Sen. Ongoro

    Mr. Temporary Speaker, Sir, is the hon. Senator in order to insinuate that Sen. Bule has defected from the Jubilee Coalition while we all know that he has never been a member of the Jubilee Coalition? Is he in order to misinform this House and the entire nation?

  • James Orengo

    Mr. Temporary Speaker, Sir, I am worried from the statement that came from the Chair. You reminded the hon. Senator from Tana River that this House is not a fish market. I am from Siaya. Fish markets are very honourable places. Maybe, next time you go with me to Siaya, they will remember that statement. I have to prepare some fish for you when you come to Siaya.

  • Kipchumba Murkomen (The Temporary Speaker)

    Sen. Orengo, fish markets all over the world are important places. You and I visited a fish market in Japan. However, there are no rules there per se . People crisscross each other as they wish. However, we need order in this House.

  • Moses Masika Wetangula (The Senate Minority Leader)

    Mr. Temporary Speaker, Sir, on a point of order, I want to correct the impression created by the distinguished nominated Senator from Nakuru, Sen. Njoroge because Sen. Bule, the distinguished for Tana River County was elected to this House on a ticket of the Federal Party of Kenya (FPK) which is an affiliate party of CORD. He has a signed pre-election and post-election agreement with CORD and deposited the same with the Registrar of Political Parties. Therefore, Sen. Bule has just come back home and we welcome him with both hands.

  • Kipchumba Murkomen (The Temporary Speaker)

    Proceed, Sen. Kindiki. Sen. Bule, I will give you a chance later on since you are the subject of this discussion. So relax.

  • The Senate Majority Leade

    r (Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, earlier on, I had sympathized with my brother, the Senate Minority Leader when he was under attack from another Senator who has now become something bigger than an ordinary Senator. What the Senate Minority Leader has done is to complicate the already bad situation of Sen. Bule. To the best of my knowledge, the FPK entered into a post-election agreement with the Jubilee Coalition. So, what the Senate Minority Leader says is that the FKP to which Sen. Bule belongs has more than one coalition agreement. The more reason that Sen. Bule may be declared something that we do not want to say here.

  • Kipchumba Murkomen (The Temporary Speaker)

    Order, Sen. Bule! You will be given time in a dignified manner.

  • Sen. Bule:
  • Unanionea. (Laughter)
  • Kipchumba Murkomen (The Temporary Speaker)

    Just relax. You will have your time. The person being discussed is you. Therefore, you need to take notes as they raise the issues they are raising. I will give you the last chance. Once we are done with your interventions, you will speak. I will listen to one more from this other side and then we conclude. 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.

  • July 23rd, 2015 SENATE DEBATES 18 Sen. Elachi

    Mr. Temporary Speaker, Sir, I know that Sen. Bule is out of order. I want to remind him---

  • Kipchumba Murkomen (The Temporary Speaker)

    Order! It is not in your place to determine whether he is out of order or not. Just raise your point of order.

  • Beatrice Elachi

    Mr. Temporary Speaker, Sir, I want to remind him that the Political Parties Act is very clear. Therefore, if today Sen. Bule and his party, have decided that they have dissolved the memorandum they signed with Jubilee Alliance Party (JAP), he has a right to move to any other party. However, he should ensure that it has been done by the Registrar of Political Parties. It is very clear in Section 14 of the Political Parties Act.

  • (Loud Consultations)
  • Kipchumba Murkomen (The Temporary Speaker)

    Order, Senators. Proceed, Sen. Ndiema.

  • Henry Tiole Ndiema

    Mr. Temporary Speaker, Sir, while appreciating that Sen. Bule adorns a white suit, anything is possible. I want to raise an issue on statements. I have a statement which I committed myself to give today--

  • Kipchumba Murkomen (The Temporary Speaker)

    Order! Sen. Ndiema, be seated. You are totally out of order. We are on something else. Since everyone has spoken, let us hear Sen. Bule.

  • Ali Abdi Bule

    Bw. Spika wa Muda, nataka niwaeleze na niwaelimishe Maseneta ambao hawaelewi. Mimi kama Sen. Bule, nimechaguliwa kwa tiketi ya FPK, ambayo ilikuwa kwa chama cha CORD, na muungano si chama. Ni muungano wa kufanya kazi pamoja. Mimi baada ya kuchaguliwa, tuliamua kama viongozi wa FPK kufanya kazi pamoja kwa sababu yule ambaye alimwoa mama ndiye baba. Kwa hivyo, tuliamua kufanya kazi na Chama cha Jubilee, lakini wameshindwa kuwa baba. Sisi kama wana wa FPK tumeamua kufanya kazi na chama ambacho kitaweza kuwa baba hata kesho.

  • (Laughter)
  • The Temporary Speaker (

    Sen. Murkomen): Order!

  • Ali Abdi Bule

    Bw. Spika wa Muda, nataka unielewe kwamba mimi si mtu wa kutatizwa, kusukumwa na kutishwa. Mimi nimechaguliwa na FPK. Leo FPK itaenda vile mimi nitaamua. Wao wanafaa kunyenyekea na kuniomba niwaunge mkono na wakiendelea kufanya hivyo, hata chama cha KANU nitachukuwa na mtakuwa chama ndogo katika Bunge hili la Seneti. Kwa hivyo, muwe na nidhamu ya kutosha.

  • The Temporary Speaker (

    Sen. Murkomen): Order, Senators! Sen. Bule, your statements about whether you belong to CORD or JAP amounts to nothing under the law. It can only be something if it is put in writing. So, until the Speaker receives in writing your dissolution or disagreement between coalitions, you and your neighbour will always belong in paper to the side that you signed. It is not in the place of the Speaker at the moment to determine— 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.

  • July 23rd, 2015 SENATE DEBATES 19
  • (Sen. Mutula Kilonzo Jnr. and Sen. Elachi consulted loudly)
  • Order, Sen. Mutula Kilonzo Jnr. and Sen. Elachi! It is not for the Speaker to determine which side is majority and which one is minority. The Standing Orders do not compel any Member of this House to sit on either side. You can sit anywhere. There is no designated place. It is not a must under the Standing Orders for you to sit either on the left or right side of the Speaker. Whether today Sen. Bule decides to sit on the left side and tomorrow on the right, it amounts to nothing, except some level of symbolism. What I heard from Sen. Bule, if I am correct, is that he is looking for a way to be noticed by the JAP side and for them to speak to him nicely. I think the message is home to the leadership of the JAP that, perhaps, Sen. Bule has something that needs to be noticed and addressed. Until then, any Senator can sit anywhere, except for the symbolism.
  • Bonny Khalwale

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

  • Kipchumba Murkomen (The Temporary Speaker)

    Sen. (Dr.) Khalwale, do you not think that we are constrained of time and we should move on? I will give you half a minute.

  • Bonny Khalwale

    Mr. Temporary Speaker, Sir, thank you for the consideration. What the distinguished Senator for Tana River did was not only to be found on the right side, but he also confirmed by word that he is on the right side. Probably, the Chair should consider at this time, we do a fresh stock-taking, so that we know which Senator is on which side such that should it be found that the majority of the Senators are on the CORD side, then Sen. (Prof.) Kindiki should leave office as the Leader of Majority and Sen. Wetangula becomes the Leader of Majority. This is not a small matter. This determination must be made. We insist that we want to be given an opportunity to know where we are.

  • Johnson Nduya Muthama

    Mr. Temporary Speaker, Sir, this is a House that creates history. The matter before the House now is not a simple matter. Your own party has issued threats out there to the public that it is pulling out of JAP and nobody has ever questioned that position. What Sen. Bule has said here is not different from what has been said by some of the Members that sponsored the candidates of the Senate Majority Leader. FPK is a party within a coalition, but an independent party which can move out in the afternoon, go back in the evening, get out in the morning and go back in the afternoon. We are making history here. We do not want this matter to be taken lightly. If Sen. Bule moves to this side, the Senate Majority Leader will have no majority votes to keep him sitting on that seat. He should immediately vacate so that we take over the leadership. The leadership will not only be taken in this House, we will also take the top seat which we lost through votes that were stolen.

  • Kipchumba Murkomen (The Temporary Speaker)

    Order! The last intervention is by Sen. Lesuuda.

  • Naisula Lesuuda

    Mr. Temporary Speaker, Sir, I can see that my colleagues in the opposite side are very hungry to have these positions of leadership. Let me remind them that 2017 is not far. Let them wait. On a serious point, you have said that the debate 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.

  • July 23rd, 2015 SENATE DEBATES 20
  • we are having here is neither here nor there because Sen. Bule should put it in writing so that we talk about. Otherwise, we should move on to more important issues in this House.
  • Elizabeth Ongoro Masha

    Mr. Temporary Speaker, Sir, the matter that we are discussing in this Senate cannot be termed as neither here nor there. This is a very crucial and important matter. Even as the name suggests, the leader of majority implies that someone is leading the side that has the majority numbers of Senators. Now that the correction has been made, I want to take this opportunity to wear my other hat as the Member representing my party in the Political Part’s Liaison Committee (PPLC) and as the elected Chair of the PPLC. I confirm to you that the FPK which is an independent political party, is an affiliate of the CORD. By the fact of wearing that hat, if that correction has been made, the leadership of this Senate must move to the CORD. Sen. Wetangula should be the rightful Senate Majority Leader.

  • (Sen. Orengo stood up in his place)
  • Elizabeth Ongoro Masha

    Sen. Orengo can inform me.

  • (Loud Consultations)
  • Kipchumba Murkomen (The Temporary Speaker)

    Order, hon. Senators! There is no information under a point of order.

  • Kipchumba Murkomen

    (Sen. (Prof) Kindiki): Mr. Temporary Speaker, Sir, I have been enjoying the debate. It is a very good debate. There is one thing that we need to clarify because this is a House of records. We need to clarify that the position of the Senate Majority Leader is not being contested. The assumption that Sen. Ongoro and company are trying to sell around is that the majority in this House is determined by one Senator which is not true. What has happened this afternoon has set in motion, I fear, to a process that might lead to a by-election in Tana River.

  • (Loud Consultations)
  • Kipchumba Murkomen (The Temporary Speaker)

    Order, Senators! I have almost ten requests. The Speaker has ruled and nothing has changed from the time I made the ruling. The position remains the same. Whether Sen. (Dr.) Khalwale, Sen. Khaniri or Sen. Bule sit on the left or right side, the side they belong by law, is the side their coalition agreement demonstrates in whatever coalition agreement they have written. I have said in no uncertain words that unless there is a written letter from a political party to the Speaker indicating that the coalition agreement has changed, there is no legal instrument for the Speaker to determine which is the majority or minority side, except that which is written and deposited with the Registrar of Political Parties. Therefore, for that reason, the debate we have been having in the afternoon amounts to an exposition of the law. It is a lively and enjoyable debate, but we have not crossed that river yet. 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.

  • July 23rd, 2015 SENATE DEBATES 21
  • The time there is a letter to the Speaker of the Senate indicating that there are changes to the coalition agreements of various political parties is when the Speaker will make a substantive ruling on the matter. I also want to make it clear that whether one sits on the left or right side, they have equal treatment and benefits from the Speaker and by the law and the Constitution to serve as Senators, representing counties and their interests. Hon. Senators, let us proceed and focus on the most important issues this afternoon. We have so much business of the House. I, therefore, confirm that the Senate Majority Leader remains the same and the same applies to the Senate Minority Leader. Next Order!
  • MOTION

  • APPRECIATION OF THE SENATE FOR THE HISTORIC VISIT OF PRESIDENT BARACK OBAMA TO KENYA

  • James Orengo

    Mr. The Temporary Speaker, Sir, I beg to move:- THAT, WHEREAS the President of the United States of America, Mr. Barrack Obama is to visit Kenya between 24th – 26th July, 2015 to attend the Global Entrepreneurship Summit; AND WHEREAS the visit is the first to the Republic of Kenya by a sitting President of the United States of America; NOW THEREFORE, the Senate welcomes the President and records its appreciation for the historic visit to Kenya and calls upon both Governments to deepen and broaden their relations in order to promote social and economic development of the two countries based on shared values of liberty, justice, human rights and democracy.

  • (Several Senators withdrew from the Chamber)
  • Kipchumba Murkomen (The Temporary Speaker)

    Hon. Senators, the Motion being moved by Sen. Orengo is very important. We have a very important visitor in the President to the United States of America (USA), coming to the country tomorrow. The Senator for Siaya County, where President Obama has roots, must be heard in silence.

  • James Orengo

    I am grateful, Mr. Temporary Speaker, Sir. Let me commend the fact that the Speaker, at a very short notice, allowed me to bring this Motion by approving it yesterday and allowing it to be on the Order Paper. That demonstrates the fact that this Motion is seen by the Speaker and the House generally as an important Motion to discuss at this time and place. Mr. Temporary Speaker, Sir, by tomorrow, President Obama will have visited Africa four times, thereby breaking the record of all the other sitting Presidents of the USA by the number of visits he has made to the African Continent. This, in itself, shows that the President of the USA has important ties to African which he values. It is my hope that having broken this record, in the final year of his presidency - next year – he should see it fit to again to come to Kenya and visit more areas, including Siaya County where 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.

  • July 23rd, 2015 SENATE DEBATES 22
  • he has his roots. I am sure that there will another time and place for such a visit to be organized. Mr. Temporary Speaker, Sir, President Obama is coming to Kenya at a time when we have so many challenges which have translated into many difficulties and problems that we are having in the country as a whole. We have the problem from terrorism which has hit us many times in various parts of the country. We have problems in tourism in that in the last two years we have had falling numbers in terms of tourists coming to Kenya. Although the Government and the country as a whole is engaged in major flagship projects, most of which were conceived at the time of the Grand Coalition Government, for the first time, more than ever before, we are seeing a bigger number of investors coming from the USA with the presidential entourage, while some of them are already here in the country. The benefits for the country are enormous, not only in the short-term, but in the long-term. We will live to see that this visit is important and has got a major significance to the country. All of us should be proud of the fact that President Obama has decided to come to Africa at this particular point in time. There was time when I was worried, although I know that previous President of the USA who have come to Africa have not come to Kenya. Some former Presidents have even come to our neighbourhood, including Rwanda, Tanzania and Uganda. They have been to South Africa which is a popular destination for sitting Presidents of the USA and also Botswana. In West Africa, Ghana and Senegal have been usual destinations for sitting Presidents of the USA. It is a big statement that President has chosen to visit Kenya. However, speaking for the people of Siaya County, we are a little bit disappointed, justifiably, that he will not go to Siaya where he has roots. I am sure that he is very proud of those roots, having come to Kenya on a pilgrimage to find out exactly where his ancestors were born and where his father was buried. Mr. Temporary Speaker, Sir, I want to say three things so that I give other Members time to speak on this important Motion. One, President Obama is a living demonstration that one can come from a very humble background with many challenges and make it to the top even in the most powerful country. In the USA, he was not only an African American, but came from a minority in the USA. This is a very big and important statement. In Kenya, we have people amongst us, like the Chair who have come from humble backgrounds and now sit on a very high pedestal. Sometimes it is very difficult not to think that he is on a high pedestal when he is flying in the air. This demonstrates that people both in Kenya and the USA, can come from very humble backgrounds and make it to the top. However, the difference ends there. In the USA, President Obama was elected on the basis of what he stood for, both as an American and a member of the Democratic Party. In Kenya, I think that the time has come for our politics to begin to ensure that when we have a public discourse, the issues become the most important determinant of making choices in our politics. This will make Kenya a better country. The USA has a made a choice. In the last seven years, when President Obama was first elected, the USA 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.
  • July 23rd, 2015 SENATE DEBATES 23
  • was partly in recession and the rate of unemployment among the American people was high. It was seen that the American foreign policy was failing in many theatres and regions of the world. It is a statement that as President Obama comes to Kenya; we must uphold him for the issues that he has pursued right from the time he was elected. He is being judged on the performance of his Government since he was elected six years ago. The score card is that he has done well. Even in pariah nations like Iran so to speak--- I am not saying that it is a pariah nation, but in the West they were not very popular. Even for Cuba, President Obama has opened these regions so that we have international peace and security. This is something that he must be commended for. In Kenya, to get elected on issues is becoming very difficult. If you look at the agenda that we put forth and begin to take stock of which particular person or party would serve you best, I think after 1969 the question of making political choices became a very difficult one in the sense that all of us ran to our ethnic cocoons and depended on our political “big man” in order to succeed. The lesson for Kenya – and I plead with our friends in the Jubilee Coalition – is that as we relate to each other as politicians, let us do it with respect, so Kenya becomes a bigger nation. This is because at the moment, if you see the way we engage in politics in the country, it is as if the Jubilee Government expects the CORD to see no wrong, but praise the Government in power, even where it is going wrong. Mr. Temporary Speaker, Sir, when Mr. Obama was in the country - the last time - and he was asked whether he was here to represent the American Government or the President at that time, George Bush, he made it very clear that there are issues he agreed on with the then president and that there were differences between their political parties. However, he as a politician in the USA and a member of the Democratic Party had a role to play; to keep the Government of the day in check. The Government of Jubilee must wake up. There is a big statement that President Obama made and I do not know whether that is why he made his decision or not, but being a presidential system like America and having spoken to the Executive, I would have expected him to address a Joint Sitting of Parliament. I am beginning to feel that because of this thing called “tyranny of numbers”, Parliament is slowly losing its constitutional role as an oversight body over the Executive. We need to act together as Parliament. However, sometimes we are forced to go to courts for arbitration. The courts do not make decisions on the basis that an issue was supported by Jubilee Coalition or CORD. They make decisions on the strength of the law and the facts that are presented. Even the President, when assenting to a Bill, there is some assumption that so long as it has been supported by Members of the Jubilee Coalition, It is a proper Bill and must, therefore, be signed. President Obama has shown that even where his party has gone wrong, he can take a stand a say that he will not sign a particular Bill for one reason or another. In our constitutional structure of Government and the design of our form of Government, Parliament must wake up. There is a wakeup call that is being made. President Obama will be meeting civil society and the Executive as a separate group. I am sure that the elements in the Judiciary will be meeting him, but Parliament is 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.
  • July 23rd, 2015 SENATE DEBATES 24
  • being met as an institution. I do not have any record whether the Speakers of both Houses of Parliament will be meeting President Obama. I think we must sit down and agree that time has come when Parliament must also assert its role vis-à-vis the various arms of Government. This is a message that is being brought to us. Mr. Temporary Speaker, Sir, secondly, you have seen how President Obama is trying to bring women into his Government. He has appointed about two women to USA’s Supreme Court. In fact, all the appointments that he has made to the Supreme Court have been women from minority groups. Also, in his appointments, he cuts across the entire USA. However, in this country, a habit has been formed by the Jubilee Government of rewarding only the areas that voted for them. On that basis, we are not trying to build one Kenya. One day we should wake up and find that the Governor of Central Bank of Kenya (CBK) is from Kakamega County. Why should he not come from Kakamega County? Are there also some positions in Government which are reserved for certain communities? Even in USA, they found it very difficult to live with the fact that a black man had been appointed as an Attorney- General (AG). We need to do more to bring this country together in order to build one Kenya after elections. We need to make sure that no part of this country feels like they are not part of Kenya. Communities in north eastern Kenya do not feel like they belong to Kenya at all. Schools are closed since there are no teachers because security is absent. However, if there is insecurity in particular areas in the country – which I do not need to talk about –you will find that there is a rapid response particularly when it involves certain individuals. The whole of the coast and north eastern are being told that they have to work harder to be recognised as part of this country. Mr. Temporary Speaker, Sir, I hope that this is a big lesson that President Obama is bringing to our country. Our President should see Sen. Wetangula as a possible president of this country. In times of crisis, the President should be able to sit with Mr. Raila Odinga and Mr. Kalonzo Musyoka and determine the future of this country. Whenever there have been problems in some regions in USA, you have seen President Obama sending former presidents Clinton, Bush and others as his representatives. In this country, the only time our Opposition leaders meet with Government is when there is a funeral or harambee. Of course, in a harambee my leader of the Opposition here who has very little money will feel very constrained to go there, but sometimes he must go. In conclusion, the fact that President Obama is here is a great opportunity and a big statement for this country. We should also make a big statement to show that Kenya has come of age. The behaviour of politicians shows that Kenya is not coming of age. However, the people of Kenya have come of age because when you take away politicians, you do not know if they think of them as one. Mr. Temporary Speaker, Sir, I was given a pleasant surprise by my daughter. She came to me and said that she had found somebody from Ukambani and it was the most natural thing for her. However, people who live in the yesteryears would rather build boundaries between us. There should be no boundaries between communities in Kenya. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
  • July 23rd, 2015 SENATE DEBATES 25
  • In fact, those who are bringing issues about boundaries in this Senate are misleading the country. We should see this country as one without boundaries. Boundaries are there just for guidance, but not to determine where one can live or own property. I hope that at the end of this visit we can have a mature discussion and see where we have gone wrong. I have said in this Motion that USA and Kenya share the same values because of what is in our written constitutions. However, when it comes to implementing these provisions in the Constitution, it looks like every time Kenya is running away from the declared principles and values in our Constitution, including how we deal with the media and civil society. All these demonstrate that we have not yet come of age. With those remarks, I now ask my leader, Sen. Wetangula, to second.
  • Moses Masika Wetangula (The Senate Minority Leader)

    Mr. Temporary Speaker, Sir, this Motion is very important to us. It is disheartening that as Sen. Orengo started moving the Motion, a majority of our colleagues across the Floor walked out; I do not know for what reason. Senators like Eng. Muriuki who has a Motion coming immediately after this should know that when they choose to boycott, we shall do the same for their Motions.

  • GG Kariuki

    On a point of order, Mr. Temporary Speaker, Sir. Is it in order for the Senate Minority Leader to behave as if he is a headmaster of a class? We are free to walk out and come back. Quite a number of Senators are out. To me, if a Motion is so important, I will make sure that I am here. If it is not so important to Sen. Muriuki, that is up to him. I do not think he is in order.

  • Moses Masika Wetangula (The Senate Minority Leader)

    Mr. Temporary Speaker, Sir, sometimes I excuse my colleague because he is the age of my father.

  • (Laughter)
  • Moses Masika Wetangula (The Senate Minority Leader)

    He is advanced in age. Voicing an opinion does not amount to prefecture. I simply said that many of our colleagues across, including the Senate Majority Leader and his Whip walked out as the Motion was being moved, for whatever reason. I thank you for being here. I beg to second this Motion.

  • Kipchumba Murkomen (The Temporary Speaker)

    Order, Sen Wetangula. This is not a CORD Motion, but one brought by a CORD Member. However, that does not mean anything in so far as ---

  • Moses Masika Wetangula (The Senate Minority Leader)

    Mr. Temporary Speaker, Sir, I am not casting aspersions on anybody.

  • Kipchumba Murkomen (The Temporary Speaker)

    Sen. Wetangula, please listen to me. You are completely digressing from the spirit of the conversation of Sen. Orengo who tabled the Motion. If Sen. Orengo can listen to me, the spirit of the moving notes – I listened very carefully to him – was moving away from “us” versus “them” and trying to create middle ground for both sides. So, it is unnecessary for you to go to that tangent. There are enough things to say about President Obama. 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.

  • Moses Masika Wetangula (July 23rd, 2015 SENATE DEBATES 26 The Senate Minority Leader)

    Mr. Temporary Speaker, Sir, it was a preamble. I salute those who are still sitting across the Floor. I hope they will see things the way we see them. When President Obama was elected, there was a statement that was repeatedly made in quotation of Martin Luther King. He said that a man – I believe a woman as well – shall be judged not by the colour of his skin, but by the content of his brain and character. This is because the election of President Obama was a shattering effect to the nightmare of racism in USA. He shattered the myth from very humble beginnings and became the first black man to be elected President of USA; to crown it all, a black man of Islamic descent – Barack Hussein Obama. In his inauguration speech, one of the most critical statements that he made in dismissing the misguided policy that had been pursued by the Republican Government was that he would reach out to everybody and that you could not shake hands with a clenched fist. You have to open your palm to shake hands. Mr. Temporary Speaker, Sir, President Obama is leaving office next year having achieved milestones. Even if he did nothing else, he made history as a first black President of USA of Islamic descent. More importantly, he has achieved four milestone legacies on the domestic front; Obamacare and the revolutionary law on immigration. Being a son of an immigrant himself, he has made it easy for Hispanics, Africans and all non-Americans living there to become American citizens. That is a milestone. The third milestone in his legacy is the standoff between a small mistreated island called Cuba. The occupation of Guantanamo Bay turned into one of the most draconian prisons in the world worse than Alcatraz. President Obama has normalized relations with Cuba. Today, a Cuban flag flies on the thoroughfare in Washington D.C. The USA one flies on the waterfront in Havana. Cuba is now part of the free world. Mr. Temporary Speaker, Sir, the fourth legacy is that he has steered and guided the resolution of the standoff between Iran and the world. Only last week, an agreement of far-reaching consequences on Iran’s right to pursue nuclear technology and knowledge, but with a constraint not to pursue nuclear weapons that may be used to destroy others was signed. With that, Iran has rejoined the family of nations of the world that can enjoy technology, technological innovations and the wealth that it has, being the third largest reservoir of hydrocarbons commonly called crude oil in the world. Iran is now back in the fold, courtesy of President Obama. President Obama comes to Kenya as one of our own. He is an American President, but with Kenyan roots and descent. Before he became President, he visited Kenya as a Senator. Yours truly here was at hand then as Assistant Minister for Foreign Affairs to receive him at the airport and host him. When he was sworn in as a Senator, President Kibaki sent me to go and attend the event. I was privileged to do that. When he was sworn in as the first black President of USA, President Kibaki again sent me to USA. I led a delegation that included Sen. (Prof.) Anyang'-Nyong'o and several other senior colleagues. I was a key speaker at one of the caucuses. I spoke in terms of the value of appreciating a human being not because of his pigment, but because of the content of his brain and character as Martin Luther King said. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

  • July 23rd, 2015 SENATE DEBATES 27
  • Today, America being the free world leader, being the home of freedom, democracy and liberty is coming to Kenya. I hope that we are going to pick a few lessons from this. Our democratic space is shrinking, our disrespect for constitutional institutions is widening, and our disrespect for institutions like Parliament is more evident. Parliament itself is not conducting itself in a manner that bestows the respect it deserves and so on and so forth. As the President of the United States of America comes to Kenya, we all say: Karibu . We as the alternative leadership in the country are happy and proud that my brothers Raila Odinga, Kalonzo Musyoka and my sister Martha Karua and myself will have an opportunity to exchange views and ideas with President Obama on how our country is run and how things are being done or not being done, but for the betterment of the country. This country has challenges. We need cooperation and collaboration with the United States of America and other countries, to fight terrorism. We need to secure our country and the region. We need to partner with Americans and others to help South Sudan, Somalia and Burundi. We need to grow the economies of the East African Community. That is why I welcome the conference that is taking place in Nairobi that will be addressed on Saturday by President Obama. It is a window of opportunity to showcase Kenya; what we are and what we can do and even do better. Mr. Temporary Speaker, Sir, I call upon Kenyans that our contradictions notwithstanding, our colleagues in the leadership of Jubilee starting with President Uhuru Kenyatta should not look at the visit of President Obama as a gift to them. It is not! He is coming to his father’s country. He is coming to visit the people of this country. I saw some bizarre tweet that President Obama is coming to Kenya because of the successful foreign policy being carried out by the Jubilee regime. How fallacious! The Jubilee regime has no foreign policy. They live on a day to day experience; where is the flag blowing? That is where they look. Where is it blowing? That is where they look. They just operate on an ad hoc basis. When Obama comes to Kenya as the President of the United States of America, we all are patriotic Kenyans. We want to talk about things that make Kenya a better place to live in. So, when we are going to talk about the endemic corruption in this country, it is not because we are besmirching our motherland, it is because we want Kenya to be a corruption free society. Even from Washington, President Obama himself has said that he will talk about corruption because he knows that it is there. When we talk about insecurity, it is not because we like our country any less than others; it is because we feel the pain that insecurity is visiting on our country. The death of students, quarry workers, imams in Mombasa and so on, pains us equally. When we talk about enlarging the space of democracy, reforms at the IEBC, respect of the judiciary, respect of institutions of governance like the EACC, it is because we want this country to be better. It is not because we like this country lesser than others. Mr. Temporary Speaker, Sir, I want to end by saying that I have personally in the past interacted with President Obama. He is a very consencious person, brilliant, very articulate and very outward looking on world issues. He is not coming here to sanitize anybody. Some people are behaving as if he is coming here to give a stamp of authority 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.
  • July 23rd, 2015 SENATE DEBATES 28
  • on what they are. He is not! He is coming to Kenya to talk to Kenyans. That President Uhuru happens to be the President today; he will be the first among equals to meet President Obama. That Ruto happens to be the Deputy President, he will be there as such.
  • An hon. Senator

    Will he?

  • Moses Masika Wetangula (The Senate Minority Leader)

    I hope so. When John Kerry came here, he refused to meet him for reasons that you know. Mr. Temporary Speaker, Sir, I want to urge Kenyans that days like tomorrow, Saturday and Sunday, are days for us to stand together and show the world that this is a country with a great future, clear destiny and people determined to succeed. I want to tell the bigots in Jubilee who are practicing tribalism, who are connoisseurs of corruption, that they are killing the spirit of this country. When every other day President Uhuru and the Deputy President appoint people to high office, 60 to 70 per cent are from their communities. That is not good for this country. I know that some of us across the Floor may not have the capacity or the courage to say this, but we speak it for them and we will continue speaking for them. When everybody is appointed and you see Sen. Abu Chiaba standing there to cheer, and you ask him who from his county has been appointed, there is nobody. He is cheering because he believes that if he does not cheer, Jubilee will harm him. They will not harm you. The Constitution is your defender and protector. I support this Motion. It is a Motion that has no resolution, but it is a Motion that has far reaching effect on the appreciation of this House to the fact that our own is the President of the most powerful country in the world today. It may not be forever. Let us hope by him coming to Kenya, he will leave Kenya better than he found it and that Kenyans, especially our colleagues in Jubilee are not right now salivating and positioning themselves to cut deals in a corrupt manner as they do, but to sit and talk for the betterment of this country. If there is money to do roads, let it do roads all over the country. If it is money for healthcare, let it help the health of Kenyans everywhere. If it is money for environment, Laikipia County also deserves a clean environment. If it is money for security, let us stamp out banditry in Laikipia, Turkana and everywhere else. I beg to second.

  • (Question proposed)
  • Kipchumba Murkomen

    (Sen. (Prof.) Kindiki): Mr. Speaker, Sir---

  • (Loud consultations)
  • Kipchumba Murkomen (The Temporary Speaker)

    For those murmuring, the Senate Minority and Majority Leaders have priority under the Standing Orders. Once they bring an issue to the notice of the Speaker, they always have the first say. Proceed, Sen. (Prof.) Kindiki.

  • Kithure Kindiki

    Thank you, Mr. Speaker, Sir.

  • Johnson Nduya Muthama

    On a point of order, Mr. Temporary Speaker, Sir. There is what is known as the House Leadership in this Senate. This does not belong to two Members; 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.

  • July 23rd, 2015 SENATE DEBATES 29
  • the Senate Majority Leader and the Senate Minority Leader. The leadership of this House also includes the Whips which I am part of.
  • Kipchumba Murkomen (The Temporary Speaker)

    Order, Senator. You should have declared your interest before saying what you have just said. However, the Standing Orders are very clear. The Senate Majority and Minority leaders not only have priority in speaking but also have longer time to speak.

  • Kipchumba Murkomen

    (Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I take your ruling with a lot of humility. I know we hold our positions because they have been entrusted upon us so that we help this House in terms of business and steering it into the greatness that we want to see. Mr. Temporary Speaker, Sir, I commend my senior, Sen. James Aggrey Bob Orengo, one of my mentors in the legal profession. For many years, he has been very consistent in terms of his contribution not only to the growth of the legal profession in our country but also he has been a very sober politician even when the temptation to veer off from the straight but narrow path is very great, especially when you have a leader like him. Mr. Temporary Speaker, Sir, I also thank the Seconder of the Motion, my brother and senior in the profession, Sen. Wetangula. He is one of the very good debaters in this House and country. He is somebody I hold in very high respect. At some point, I had some professional interaction with him years back when I was a law professor. He offered me an opportunity to work in his firm. However, my applause ends at that point.

  • (Laughter)
  • Kipchumba Murkomen

    Mr. Temporary Speaker, Sir, I am increasingly getting disappointed. As we applaud and welcome the arrival of former Senator, and now, the President of the United States of America (USA), hon. Barrack Obama; he is a great son of America who has ancestral roots in this great country. Mr. Temporary Speaker, Sir, I listened to the Seconder of the Motion and I got worried because we are sending mixed signals. We talk this way but make about-turns and speak the opposite. This is the contradiction that has made our country look bad not only in the eyes of the people we represent but also in the eyes of foreigners. It is true that President Obama is coming to Kenya. However, it is not true that he decided to come to Kenya by accident or simply because he is about to retire. He is coming to Kenya because, first of all, he has historical ties in Kenya. However, most importantly, I believe that he is coming to Kenya because he believes – he said two weeks ago – that our country holds a lot of promise as a democracy on this part of the continent. It is a country that is at the cusp of takeoff; both in terms of democratic gain and human development in whatever way one will look at. The problem I have with people like my brother, Sen. Wetangula, is the negativity with which a leader of my calibre can stand here and treat Kenyans to how bad the country is. The truth of the matter is that like any other country, we have our own challenges. Nobody had disputed that. If it is corruption, some of the biggest corruption scandals that this country is still grappling with took place when some of the people, who 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.

  • July 23rd, 2015 SENATE DEBATES 30
  • are now pontificating here, were in critical positions of leadership but kept quiet. Today, they come here, pontificate and speak to Kenyans as if they are angels simply because they are out of Government. Mr. Temporary Speaker, Sir, this is the hypocrisy we must confront head-on. I admired Sen. Orengo from the beginning up to the end when he was moving the Motion. I listened to him.
  • Sen. (Prof.) Anyang'-Nyong'o:
  • On a point of order, Mr. Temporary Speaker, Sir. I deeply respect, my friend, the Senate Majority Leader. However, is it in order for my close colleague to make such a generalised statement about some of the people who were in the previous Government? That may include me but I would like to be completely exonerated from that generalisation which is not scientific but populist.
  • Kipchumba Murkomen (The Temporary Speaker)

    Sen. (Prof.) Anyang'-Nyong'o, the Speaker ruled before that you cannot substantiate the obvious.

  • (Laughter) (Sen. (Prof.) Kindiki stood at his place)
  • Kipchumba Murkomen (The Temporary Speaker)

    Order, Sen. (Prof.) Kindiki, I have not completed what I was saying.

  • (Sen. (Prof.) Kindiki sat at his place)
  • Kipchumba Murkomen (The Temporary Speaker)

    The Senate Majority Leader has just put forth a set of facts. Whosoever feels that he fits into that description can always lift his hand up. When you are not, then, there is nothing to worry about. I take it lightly because no side of the political divide – including Sen. G.G. Kariuki who has served in previous Governments – is spared. That was just a statement. I had a private conversation with Sen. Wetangula and I think what we discussed is correct. The Minority is being the Minority while the Majority is being the Majority. So, these are just sentiments and positions of the various sides. Let us save time because there is another Motion after this. Proceed, Sen. (Prof.) Kindiki.

  • Kithure Kindiki

    Mr. Temporary Speaker, Sir, just for the record, I respect Sen. (Prof.) Anyang'-Nyong'o a lot. The reason why I am a bit concerned is that I have been in Sen. (Prof.) Anyang'-Nyong'o’s county as the Senate Majority Leader. Therefore, when people start talking about the Jubilee people who only think about where they come from and where they got votes, I wonder which world they live in. I am sure that the Senate Minority Leader has not been to Tharaka-Nithi County. The last time he was there, he had gone to see if he could get five votes from some misguided people. Of course, he did not get the votes because they did not know him even before that time. Mr. Temporary Speaker, Sir, when time comes and we go to Katolo in Kisumu County where we were with Sen. (Prof.) Anyang'-Nyong'o, I will get votes. However, 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.

  • July 23rd, 2015 SENATE DEBATES 31
  • pity my brother here because you cannot aspire to lead people you do not know, like or respect. Mr. Temporary Speaker, Sir, I want this to go on record. My worry for myself and my colleagues is that every time we speak here, we think that we are speaking to ourselves but we speak to Kenyans. The communities and groups that we criticise here may not have voted for whatever side. People who want to aspire to higher office like my brother here – I read somewhere in a footnote that he wants to become the president – should portray themselves as good leaders. I wish him well because I know that he can. However, you cannot lead people by talking down or sneering at them, insulting them or appearing to be good while everybody else is bad. What kind of a president will you be?
  • Moses Masika Wetangula (The Senate Minority Leader)

    On a point of order, Mr. Temporary Speaker, Sir. Sen. (Prof.) Kindiki sat there and listened to me. I talked about the failings of the Jubilee Regime but not individuals. Are you satisfied that the Senate Majority Leader is in order to turn the Leader of the Opposition and the Senate Minority Leader across the Floor into a person to be debated? I did not mention him anywhere. When I referred to the Head of State, I said President Uhuru and his regime. I criticised them because that is my business and duty. Mr. Temporary Speaker, Sir, is he in order to continue veering away from a Motion that has been so ably moved and seconded and turn the distinguished Senator for Bungoma County, the Leader of FORD-(K), a CORD principal and the Minority Leader in this House into a subject of debate?

  • Kipchumba Murkomen (The Temporary Speaker)

    I am unable to rule both of you out of order, but my advice to the Senate Majority Leader is that your time is running out and the House is waiting to hear you on the substance of the Motion.

  • Kipchumba Murkomen

    (Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I will finish in good time. All I was saying is that President Obama represents humility, simplicity and not grandiose. You do not have to tell us who you are because we know you. You do not have to tell us all your titles because we know them already. This country must move from a leadership that sees the public as fodder to a situation where leaders are humble enough, like President Barrack Obama.

  • Moses Otieno Kajwang'

    On a point of order, Mr. Speaker, Sir. With a lot of humility, I have sat here and listened to your directions to the Senate Minority Leader not to veer off the substance. Would it be in order to request that you also firmly, kindly and humbly guide the Senate Majority Leader, the same way you guided the Senate Minority Leader?

  • Kipchumba Murkomen (The Temporary Speaker)

    Actually, I was guiding the Senate Majority Leader. I told him very clearly that his time is running out and the country and House is waiting to hear him on President Obama’s visit. Meanwhile, when he was delving into that matter, you interrupted. So, let us give him a hearing. Because of constraints of time and I see many requests and the subject is important, I request the Senators that we minimize the interruptions, but also let us reduce the provocations. If you can follow what Sen. Orengo did, I think it will be very good.

  • Kipchumba Murkomen

    (Sen. (Prof.) Kindiki): Thank you, Mr. Temporary Speaker, Sir. President Obama represents simplicity and the possibility of a simple and sophisticated person without a lot of good history to become a great person. I think that is The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

  • July 23rd, 2015 SENATE DEBATES 32
  • the lesson we can carry home as Kenyans; that going forward we are going to have leaders who are able to be simple, but transfer positive energy to the people they lead, as opposed to haranguing them with all manner of grandiose and pontification. Mr. Temporary Speaker, Sir, I also heard the Mover and Seconder of the Motion mentioning about some of the great things that President Obama has done, and I agree with them. For example, the health sector reform also known as the “Obama care” is a great thing. I want to add very quickly that, in fact, it is in that same connection on the centrality of an area like health sector programme that currently the Jubilee Government is trying to transform most of our hospitals, including two hospitals in Bungoma, Siaya, Tharaka-Nithi, Kiambu and Machakos that will get modern equipment. The Senators may want to note that two weeks ago, the current health programme of transforming county hospitals was actually run as documentary on CNN as one of the most robust and outstanding healthcare programmes in Sub-Saharan Africa. So, we need to celebrate some of the gains that our country is making. They may not be great gains, but we need to be people who are able to see hope in our country. Turning to immigration, President Obama has achieved a lot in terms of helping people who may not come from areas which have traditionally had access to the United States, including Africans. I think even in our country, we need to relook at this. Currently, we have a major issue with regard to Kenyans in South Africa and so on. Once we correct some of these things, we can make our country great. Mr. Temporary Speaker, Sir, of course, the President of the United States of America is coming at a time when our country is facing serious insecurity problems. I have heard what our brothers in the Opposition are saying, but it is also good to appreciate that what we are facing is a problem that is being faced in Ukraine and Tunisia. Even some of the places that looked fairly secure are no longer secure today, including France where two or three months ago some violent extremists actually stormed into a media house in the centre of town and massacred people. So, as much as we say that we have serious security issues in our country, we must contextualize it as an international problem and also realize that the Government is doing the best it can to actually sort out this issue. That is the more reason increasing partnership between the United States and other friendly nations with Kenya can go a long way to make sure that our security is back on track as an international problem rather than solely a Kenyan problem. Mr. Temporary Speaker, Sir, President Obama has inspired hundreds of millions of people around the world because of his focus, forthrightness, humility and intellect. Going forward, I see hope in our country. I see a Kenya in the not so distant future, where topics like corruption will not dominate the headlines, as we have in our dailies today. I see a country, in a not so distant future, where the issue of tribe, ethnicity and where somebody has been born, will not be an issue you bring into the national platform. I see a country in the not so distant future, where Kenyans will sit down as brothers and sisters and discuss about how to take the country forward, as opposed to “who has benefited from where I come and who has not benefitted.” Going forward, I want to be on the side of Kenyans that see hope in our country, as opposed to the side of Kenyans that see doom and darkness ahead. I see hope, change and signs are there. 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.
  • July 23rd, 2015 SENATE DEBATES 33
  • I mentioned Katolo in Kisumu County. Before that, we had gone to Homa Bay. We spoke there with Prof. Anyang’-Nyong’o and I saw how Kenyans were excited to see a Jubilee Senator and a CORD Senator sharing a platform and discussing issues that have nothing to do with politics but communities getting together and development. Going forward, that is the Kenya I foresee. I warn the tribalists, the corrupt and all those people who have been hoping that our country will remain in the woods of backwardness, that time has come and the time is now when Kenya is going to take off to the next level of prosperity, unity and progress. Mr. Temporary Speaker, Sir, I beg to support.
  • Elizabeth Ongoro Masha

    Mr. Temporary Speaker, Sir, I rise to contribute to this important Motion. As a Kenyan, I am excited. For the first time in the history of this nation, a sitting President of the most powerful country on planet earth is visiting our country. However, that is not the only point for the excitement. I am excited because this visit is heavily laden with a lot of beneficial and important agenda for our country. We, as a nation, must feel proud to host this important person. Let it not be lost to us. Sometimes we have to pat ourselves on the back. As a nation, a people, we are proud to have produced the most powerful person on planet earth, as at now, being the President of the United States of America (USA). I recognise and appreciate the people of Luo Nyanza, Siaya County and especially the people of Kogelo Village and Mr. Barrack Obama Snr for his efforts of producing the President of the USA.

  • (Sen. Orengo and Sen. Wetangula spoke off record)
  • Kipchumba Murkomen (The Temporary Speaker)

    Sen. Orengo and Sen. Wetangula, Sen. Ongoro shall be heard in silence. However, the House is allowed to wonder about his efforts.

  • Elizabeth Ongoro Masha

    Mr. Temporary Speaker, Sir, the House is allowed to wonder about the efforts that I make reference to. These intelligent men and women will make good my statement and translate it whichever way. As a nation and even at the individual level, Mr. Obama’s life teaches us that humble beginnings cannot be an excuse to anybody. In addition, it teaches us that we live in a world of possibilities. It teaches me that life’s challenges can be anything if you want to look to them as problems or as platforms to the next level. This is what President Obama has taught us: That with focus, intelligence, strategy, integrity and hard work, there are no limits to anybody. Mr. Temporary Speaker, sir, we, as leaders, must consider that in positions of leadership, we must leave a legacy. We have seen his efforts with Obamacare. Some good leaders will fight very hard and overcome every challenge just to ensure that the less fortunate in their communities are well taken care of. I have several expectations from his visit. I believe that his visit at that institutional level between the two countries should give particular interventions. One is that the institutions of governance in our country should be strengthened. We should depart from a legacy of dependence to a legacy of independence by insisting that the only The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

  • July 23rd, 2015 SENATE DEBATES 34
  • form of dependence on any other sovereign nation should be when they support us in strengthening our institutions of governance that will lead to mature democracies. A mature democracy is self-sustaining. This is with specific reference to what we have been suffering in the hands of the Independent Electoral and Boundaries Commission (IEBC), for example. We expect that in this visit, we should look at structuring those institutions that have been a platform of many issues, especially in regard to the 2007 and 2013 elections. I expect that the visit will help us appreciate that we can get to another level of zero tolerance to corruption. Since he is coming at a time when Kenya is rife with so many issues and cases of grand corruption, that we will take this opportunity to know and reevaluate ourselves as leaders, Kenyans and institutions. It is my prayer that the Jubilee administration will engage the President and the Government of the USA at that level to learn a few things about the possibility of still being good leaders and living well, and being intolerant to corruption. Mr. Temporary Speaker, Sir, through this visit, I expect that new frontiers in business will be opened through which we will, as a country, have more investment opportunities and attractions in Kenya which will eventually create many employment opportunities and wealth for the people of Kenya. We will benefit through this. However, because of time and the interest this Motion is generating, everybody will like to comment. I am disturbed. Even as we host President Obama, when I last studied the situation in the USA, I am disturbed by two things. One is the persistent killings of blacks by white extremists from time to time under his administration. That is disturbing. Two, the last time I went to the USA and every other visit, in almost all the states there is a disturbing trend. All the jails in the USA are almost 90 per cent filled by blacks. Since we are looking at him and his administration as a big brother, from whom to copy a few things because we do not want to reinvent the wheel; what is it that this mature democracy has not been able to grapple with over the years, that still ensures that all those who end up in jail have very limited education and everything negative just happens to be blacks? We would like him and his administration at some point, probably not during this visit, to tackle that problem so that even as the world looks at the USA to emulate some best practices, then we do not have black spots within that administration that raises some worrying points. Mr. Temporary Speaker, Sir, I do not wish to belabour the points that have been presented by my colleagues. In the person of Mr. Obama, the credibility, integrity, intelligence, focus and persistence, he has risen from being a small boy from a household suffering from discrimination to become Senator and, eventually a President serving two full terms. That is a lesson for the world.
  • Kipchumba Murkomen (The Temporary Speaker)

    Proceed, Sen. G.G. Kariuki. Hon. Senators, because of the interest, I would like to reduce the time to 10 minutes.

  • (An hon. Senator Sen. Spoke off record)
  • Kipchumba Murkomen (The Temporary Speaker)

    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.

  • July 23rd, 2015 SENATE DEBATES 35
  • Order. There is a manner in which you can communicate to the Speaker, not by mumbling. I cannot hear what you are saying. Each one of you will have 10 minutes for now, and then after some time, it will be reviewed to five, three for two minute, so that everybody can get a chance to speak.
  • GG Kariuki

    Mr. Temporary Speaker, Sir, first, I congratulate my friend, Sen. Orengo, whom we have worked with for quite some time. I know him very well. Sometimes he is so genuine. For instance, the statement he made today was very good. He behaved like a statesman.

  • (The Temporary Speaker (Sen. Murkomen left the Chair) (The Temporary Speaker (Sen. Ongoro) took the Chair)
  • GG Kariuki

    Madam Temporary Speaker, I thank you for allowing me to make a statement on the visit of the President of the USA. Madam Temporary Speaker, first of all, I want to congratulate those who made an effort including the President of the United States of American (USA) for agreeing to come to Kenya to see how far we have gone since he was here last as a Senator. His coming here did not just happen like some of us want to believe and to tell us that it happened because he was coming home. The President of USA is a President of the whole world and he is leading a strong nation. Before I say what I want to say, I sometimes find it difficult when we have a visitor like the USA President and we start arguing about our problems. He is not coming here to manage us. He is coming to help us appreciate what happens when a nation is run properly, has good leadership and believes in the rule of law and democracy. This is what may have attracted his coming because it did not just happen. You cannot invite a friend to your house and you and your husband start to talk about what he should have done or what you should have done. When a visitor comes, we listen to what he says, we let him go back and we remain with our own problems. We should learn something from him. If we do not, we should stay with our dumbness. That is how the world is. Madam Temporary Speaker, I think we need to mature. President Obama is not coming to where is father was born. I worked with his father. He was a specialist in economics and we engaged him to do write-ups on economic matters. I was personally his vice Chairman and Ole Tipis was the Chairman. So, I know President Obama’s father very well. These are things that one should keep with himself. One should not be talking about how they have worked with so-and-so. I do not know who they want to tell and what they will get out of it. They can tell somebody who was not born here. Madam Temporary Speaker, we must look beyond our borders. The President of the USA has seen beyond our trivial problems of whether the Independent Electoral and Boundaries Commission (IEBC) did a good job or not. He is coming here because he is concerned about world peace. He would like to see a peaceful world and that is the work of the USA. In that peaceful world, where will the USA and Kenya be? He has Kenyan roots and he cannot forget Kenya. When he is here, he does not think that he came from 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.

  • July 23rd, 2015 SENATE DEBATES 36
  • Luoland or Laikipia. He just found himself born by a man from Kenya. Therefore, he became a Kenyan and whether the people of USA like it or not, he is a Kenyan son. We can achieve a lot from him in three fronts. One is the economic front, two is the security front - this is something that those who are going to have the opportunity to talk to him - although he knows Kenya too well, even more than me and my friend here because he has people who have been here for long like Johnnie Carson. He has been here throughout his life and he understands this country better. They know much about the nation and how the Kenyan leadership treats other leaders. They understand those things. There is nothing that we can tell them about corruption that they do not know. They know it better than what we even know. We come here to say the little that we know with our big mouths, that we know this and that. There are those who are quiet and they know better but they do not know how to sort out that problem. As a Senate, we should pray to our God to help us take advantage of this man who is coming to help us particularly in the area of security. We need so many things, like re- organizing our security. It is only the USA which could do that because they have the resources and facilities. They will not feel anything by supporting Kenya with several billions of shillings. My friend started talking as if an opportunity has been found where we can condemn the Government. Those are childish issues. There are issue that are---
  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Senator, there is an intervention. Take your seat.

  • Billow Kerrow

    Madam Temporary Speaker, the hon. Senator alluded to some of us Senators using “our big mouths” the way we discuss issues when we know very little and those Americans know better. Is he in order to say so, when the same Americans and the same Johnnie Carson he is talking about, a few days ago, wrote a strong article criticizing the manner in which this Government is handling security and terrorism? It is not the Senators who have a problem; it is the Executive who have a problem because they do not listen to their Senators.

  • GG Kariuki

    Madam Temporary Speaker, my friend was not here when the Motion was being moved, so he may not understand what transpired here.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Senator, he has made specific reference to a word that you have used. I remember very well that you have used the word “big mouths’. Could you clarify, substantiate or withdraw that remark?

  • GG Kariuki

    Madam Temporary Speaker, there is no way I could have mentioned---

  • Johnson Nduya Muthama

    Madam Temporary Speaker, it is a rider to what Sen. Billow has said. The distinguished Senator also used the words that ‘someone was saying’. We do not have someone in this House. We have hon. Senators.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Sen. G.G Kariuki, you have to make a specific reference to a specific Senator so that we know whom you are making reference to. To the earlier issue, it is unparliamentarily to use the words ‘Senators using big mouths’. Could you withdraw that and proceed?

  • GG Kariuki

    Madam Temporary Speaker, if you have to measure the width of the mouth--- 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.

  • Elizabeth Ongoro Masha (July 23rd, 2015 SENATE DEBATES 37 The Temporary Speaker)

    Order, Senator. You are out of order. Withdraw the words “big mouths and childish”, and proceed.

  • GG Kariuki

    Madam Temporary Speaker, I apologize if I have offended anyone who is here because my intention was not to offend anyone.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Now that you have withdrawn. Proceed.

  • GG Kariuki

    Madam Temporary Speaker, the last African country that President Obama visited was Tanzania.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    You have one minute.

  • GG Kariuki

    Only one minute? That is okay. When he last came to Africa, he went to Tanzania. There was a big problem here because Kenyans were asking themselves why he was not ready to step on Kenyan soil. The Senate needs to understand the reason why President Obama is coming to Kenya. This is because he is not coming here by accident. With those few remarks, I beg to support.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Please, proceed, Sen. Murkomen and please keep time.

  • Kipchumba Murkomen

    Thank you, Madam Temporary Speaker. I congratulate Sen. Orengo - and I am on record having said that he is one of my mentors - for bringing and thinking through such a very important Motion. Sen. Orengo has done a very good job because President Obama is a man I have respected even before he became a President. I read about him when he was a Senator. I was in Washington DC as a student at the American University when he was preparing to be President. I kept praying for him. In the discussion, whether it was in the Woodrow Wilson Institute, Cato Institute or Meridian Institute, I attended many discussions where the debate was that there was a new star in America. The discussion at that time was very lively because there was no focus about race. However, with my “Kenyaness,” I was worried that even though he was a very good presidential candidate, just like we do here in Africa and our country, maybe the fact that he comes from the black race, would deny him the chance to be the president. I was elated when I came back to Kenya and Sen. Obama then, now President Obama, had against all odds become the President of the United States of America. Madam Temporary Speaker, he is one man that you can learn very many things from, including the fact that you can believe in yourself and that your humble roots cannot deny you the dreams that you have for yourself, family or country. I am, therefore, excited as we debate in this House about his coming. I agree with Sen. G.G. Kariuki, even though I do not agree with the language he used, that we must focus on the big things and not the small things. I have heard the debate about whether or not President Obama will greet the Deputy President. Honestly, what is it about the greeting? Is it just because of the International Criminal Court (ICC) issue? President Obama had already greeted President Uhuru in August last year before the ICC even came to an end. Therefore, those are issues which are not even supposed to be debated. Would President Obama come and sit with the Deputy President aside from the President? 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.

  • July 23rd, 2015 SENATE DEBATES 38
  • Where on earth does a president of another country come and sit separately with a deputy president of another country, as if there is no leadership in that country? There is only one leadership in this country, headed by only one President. The Deputy President and the other leaders must follow the foreign policy under the leadership of one President. Therefore, those of us who are following petty discussions about dividing the country and trying to poke holes to see whether the President and the Deputy can fight over the visit of a very important person, the President of the USA, are missing the point. What we are having tomorrow, Saturday and Sunday is a historic moment, where all Presidents of America who still remember their roots, be it in Ireland or Europe, make a point of going back to their roots at their time in leadership. President Obama has made a great decision to come back to his roots before his term comes to an end. More importantly, we are going to have him come here at a time when a very important summit that discusses matters of business is going on. Madam Temporary Speaker, before I became a Senator, I used to be a professor.
  • (Loud consultations)
  • “Professor” is just a word of teaching. I used to be a teacher of law on matters of International Trade and Investment Law.
  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Sen. Murkomen, the word “professor” has raised a lot of issues with the Senators. Can you clarify that? Were you a professor or a lecturer?

  • Kipchumba Murkomen

    I have said very clearly that I used to teach International Trade and Investment Law. Sen. (Prof.) Anyang'- Nyong'o is seated here and can attest that unlike Kenya, all my lecturers that taught me in America, including Obama when he used to teach, once you have your PhD, you do not have to go and study again for professorship. However, in Kenya, you have to go formally through the process of doing a PhD. I do not want to dwell on that. One of the things that the African countries must do is to remove the mentality in our minds that we must move everywhere when we meet sovereign nations with begging bowls. It must be an opportunity for us to exchange what we have with the USA and take what they have. This is the great opportunity that we will have on Saturday when entrepreneurs meet at the Global Summit. It will be a great opportunity for us to export our goods to the USA and for the investors to come here and invest in the large-scale and small-scale industries. It is also another great opportunity for us to discuss how we can improve on the already existing trade agreements, including African Growth and Opportunity Act (AGOA) which I must confess here that in my stay in Washington DC, I had an opportunity to go and lobby before the Senate Committee on Foreign Trade for the extension of AGOA to 2015 and it is now going for further extension. Madam Temporary Speaker, it is therefore important for us to imagine and think beyond petty things. We should think about how to improve our trade, investment and opportunities for us to fight terrorism. I was shocked to watch the CNN reporting that President Obama is visiting the hotbed of terrorism. Our country has been misrepresented 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.

  • July 23rd, 2015 SENATE DEBATES 39
  • all over the world. Now with the visit of these business tycoons accompanying President Obama, we have an opportunity to show the world what we have to offer, despite the challenges of terrorism, which are being faced in this country just like London faced the challenge of terrorism, the September 11th and Boston attacks in the USA and the attacks that have happened in France, Tunisia, Istanbul and all the other sovereign countries. We have become a soft spot for attacks because of our democracy. Attacks are meant to take us to anarchy when we are progressing to a more developed country in this part of the world. Ultimately, I hope that there will be a discussion and conclusion of partnership agreements on how we can invest in training and equipment with regards to matters of terrorism, so that we can have a freer world. A more connected world will be freer if these countries are able to agree on issues that will improve security. Lastly, on matters of leadership, USA is such an important nation when it comes to borrowing on matters of democracy, good governance, fighting corruption and issues of proper leadership. We have read books about the good examples; whether it is Martin Luther King Jnr., Abraham Lincoln, the Kennedys; both the Senator and the President, President Truman or President Roosevelt. That country has nurtured leadership, values that can be traced, the achievement of every leader and the regime of that leadership. President Obama has already written his name in history especially on the matter of migration. Anyone who has lived in the USA will know that one of the greatest challenges that are facing a great population is the illegal immigrants. During my time, in 2006 as a student, there were 11 million immigrants living in the USA who had no documents. President Obama in 2008 when he was endorsed at my university by Sen. Kennedy at that time, promised the world that he was going to address matters of immigration. Two years ago, he went back to the same university and gave an account of what he wants to do in terms of matters immigration. Madam Temporary Speaker, I think that this is a lesson that we must borrow in our country; that our universities become the right place where most important pronouncements of policy positions of our country are mentioned, not in funerals and fundraisings. Our universities must turn themselves to be the right place where the President of our Republic makes important statements. Our universities must turn themselves into the right place such that if the President wants to make very important statements like this one, he goes to a university because it is a reservoir of knowledge and the place where great ideas are generated and disseminated. Madam Temporary Speaker, I wish I had all the time in the world. My only wish now is that by the end of this weekend, perhaps, I will get a chance to meet this man who I believe is an inspiration, not only to me, but to so many people. There is a general belief here that when a President of the USA comes, perhaps the Government will be defensive. There is nothing for us to be defensive about. It is a historic moment. We have been invited to the Safaricom Stadium Kasarani to listen to his speech. I shall be there, because I must be part of that history.
  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Your time is up, Senator!

  • Kipchumba Murkomen

    Madam Temporary Speaker, I support.

  • Johnson Nduya Muthama

    Madam Temporary Speaker, thank you very much for the opportunity. I have listened to what has been said before by my colleagues. Kenyans have 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.

  • July 23rd, 2015 SENATE DEBATES 40
  • one problem of praising. However, it is time we understood how the world operates. Everybody has his or her own beginning. We know where the late President Jomo Kenyatta who liberated this country worked. He used to read water metres in Nairobi City Council. President Obama got good education in a very beautiful country; economically strong. He grew up in a very acceptable environment. We thank God that he became President of the USA. That makes no exception, whatsoever, to other leaders in this world. This debate should be focused on gains versus losses. President Obama can come here even 100 times, but what counts, at the end of the day, is how this country benefits from such visits. Look at what is happening now. Roads are not closed when he is passing in USA on New York’s 48th or 49th street. In the history of terrorism in the world, USA has suffered a lot. We are not seeing the benefits on this visit to the country but we are very much concerned about his security. Let us look at the gains and losses that the country will have. Madam Temporary Speaker, the American Government has taken over the management of this country. I am very proud of who I am whether I sleep in the bush, under the bed or on top of the roof. This is my home country. Today, we behave like we do not have a Government. At State House, all members of staff who report in the morning and go home in the evening have been stopped from going to serve their elected President.
  • Billow Kerrow

    On a point of order, Madam Temporary Speaker. You have heard the serious allegation by the Senator for Machakos County that State House which is the Office of the President of the Republic of Kenya has been put under the management and the running of Americans. The people who work there are not just the ones who make tea; there are Principal Secretaries (PSs) and other Government officers. Is he in order to suggest that the running of State House has been taken over by American workers? Can he substantiate or withdraw?

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Sen. Muthama, you could actually cause quite a scare - because we are a sovereign nation - to tell us that our State House has been taken over.

  • Johnson Nduya Muthama

    Madam Temporary Speaker, it is being reported in the news that roads will be closed. Street beggars have been collected and taken away. Nobody knows where they are now. It is not just a single item. It is very clear that from tomorrow, no flight will be allowed to take off or land at the Jomo Kenyatta International Airport (JKIA).

  • Billow Kerrow

    On a point of order, Madam Temporary Speaker. Every country has problems on their roads when there are visitors. That is not important. However, the Member must substantiate or withdraw the allegations that State House has been taken over by Americans. This is a serious matter. He cannot say, on one, hand that we are handing over our sovereignty and then make allegations without any substantiation. He must substantiate or withdraw.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Sen. Muthama, it would be in order for you to substantiate that point. 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.

  • July 23rd, 2015 SENATE DEBATES 41 Sen. Muthama

    Madam Temporary Speaker, that is in the public domain. He is challenging the obvious.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Sen. Muthama, are you actually telling us that as we sit here, our State House has been taken over? Kindly substantiate the words, “taken over by the Americans”.

  • Johnson Nduya Muthama

    Madam Temporary Speaker, I said “the management of” State House has been taken over and not “State House has been taken over”. I am talking about the management: the operations. It is in the public domain and Sen. Billow is denying the obvious. No flights will take off ---

  • (Loud consultations)
  • Johnson Nduya Muthama

    Madam Temporary Speaker, please, protect me. I would like to use my time.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Order, Senators! Let us allow him to conclude.

  • Johnson Nduya Muthama

    Madam Temporary Speaker, no flights will be allowed to take off or land at JKIA or Wilson Airport. These are losses to our country. If roads are closed from tomorrow to Sunday, you can count the losses that the country will incur. You may deny it, but that is the naked truth. Mikokoteni pushers on the roads will not be in business. I hope when President Obama leaves this country, he will leave behind a huge cheque to compensate Kenyans who will suffer losses in these three days. If president Obama is coming here to put a stamp on what the Government of Kenya is doing by sending our armed forces to Somalia to fight on behalf of Americans, then we have lost it. Our soldiers in Somalia are not there to defend the territories of this country, but to defend and serve the interests of the Americans. Americans went there but they were defeated, killed and they ran away. However, Kenya is keeping her soldiers there while people in Sen. Billow’s county are suffering. Those are the results of the actions of your Government; to serve Americans instead of Kenyans. Madam Temporary Speaker, Kenya is a free country. We shed blood to liberate it. We can only deal with Americans with great respect. Even with his visit, Kenyans must be allowed to move on with their daily lives and generate their income. I respect this son of Kenya; however, he must come and make the lives of Kenyans better. If Kenyans try to imagine the gains that we have attained, it is on record that President Obama said that there will be consequences with the choices that Kenyans make in leadership. One Senator said here that one of the consequences could be whether he is going to greet the Deputy President. That was a casual statement and whether he greets the Deputy President or not, Kenya is not going to change. Things will remain the same. It is wrong for someone to come here and try to make that a big issue, because Kenya is an independent country and we deserve respect come what may. Whether we are poor, beggars or not, we beg those who can give us but we do not want to beg those who ask us to send our children to Somalia to be killed for us to be friends. I know for sure that if it was not for our soldiers in Somalia, President Obama would not be in this country. I hope President Obama will leave behind some compensation for Kenyans who have been killed in defence of American lives. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

  • July 23rd, 2015 SENATE DEBATES 42 Sen. Lesuuda

    Madam Temporary Speaker, I would like to take this time to thank Sen. Orengo for bringing this important Motion and for the way he moved it and articulated issues with regard to the visit by the President of America. I think this is also a very important week for us as a country. We also had the First Ladies of Africa coming for a conference which was discussing issues to do with health; Stop Cervical, Breast and Prostate Cancer in Africa. I think this is just a culmination this week with President Obama visiting Kenya. I would like to disagree with Sen. Wetangula that the Jubilee Government does not have a foreign policy. It is important to appreciate the work the CS for Foreign Affairs has been doing. We have seen it in various fronts. It is also important because it has also created a good opportunity to spruce up the Nairobi City. We have seen a lot of work going on. We have even seen grass having to grow in three days. Most importantly, this has given Kenyans time to humour ourselves about all the development that we would love to see especially with regard to development of our capital city. We hope that this development will continue even after President Obama leaves our country. We should make it a habit, culture and norm to keep our cities and towns clean. We should do the refurbishment and maintenance more often. Those who are charged with that responsibility should do it as an everyday thing so that grass does not have to grow in three days. Madam Temporary Speaker, I also would like to say that this is a great opportunity for us as a country because the wait was worthwhile. We are going to wait for what the bilateral talks are going to bring out – the goodies he has – but also more importantly, the summit which is going on – The Global Entrepreneurship Summit (GES). This is coming at a time when the Jubilee Government has given opportunity to young people, women and people with disability to open up. There is the 30 per cent of procurement in every Government institution being given to these groups. We have also seen the Uwezo Fund and the Youth Enterprise Fund. I think it is a great time for our young people who are the hub of innovation to interact with the businessmen who will be coming with President Obama. I hope that as a country, we will take stock of what we can do to continue to advance and to promote entrepreneurship among our people in terms of education and curricular so that we can bring out people who are innovative and can be employers because we know the challenge of unemployment in our country. It would also be important to consider issues of corruption which have been a bottleneck for young people and everyone who would like to do business. There is the red tape for people who would like to do business and to go into entrepreneurship. I think it is time for us to take stock of all these matters so that we can grow our economy and provide opportunities for the young people engaged in entrepreneurship. Madam Temporary Speaker, it has been stated and I cannot even belabor it, that we are facing great challenges of insecurity as a nation. This is time to take stock as a country on issues of insecurity which we all agree - especially with regard to terrorism - that it is a global issue. We have to look at it in the context of a nation. How do we handle it and ensure that normalcy is restored in parts of this country like the northern region? It is unfortunate that there are schools which are still closed and I know that it 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.

  • July 23rd, 2015 SENATE DEBATES 43
  • continues to feed into the cycle of terrorism if we continue to keep these children out of school. I hope that through our conversations with those who are responsible and in charge, we have had those meetings even as a Senate to make sure that those schools are reopened so that those children can continue to go to school. It was very unfortunate as Sen. Murkomen said that one of the leading international media houses reported that President Obama is not just coming to his father’s homeland, but also to the hotbed of terror. It is important to note that we are also a country of resilience. We have seen the Westgate Mall being reopened, and it just brings Kenyans together. On tweeter, Kenyans have told CNN everything until they have apologized. I hope that we will continue with that spirit of togetherness when the reputation of our country is at stake. We should continue to forge ahead as a nation and be one people at all times. I also hope that our colleagues from the opposition who will have the opportunity to meet President Obama will do their work as the opposition but not to be the ones who will open to the world all the bad things that are happening in our country because as much as they are our big brothers, we will have to solve these problems ourselves. We must face them and deal with them as Kenyans. Madam Temporary Speaker, we should think about the challenges and the things that President Obama has had to undergo for him to be where he is as a black man and a minority in the US. We should also consider issues of gender in leadership which have no place in this time and age where we are saying that there is no space for women in leadership. We are having the debate about the two thirds gender representation in our country.We are doing well in terms of having democratic space but we still have a problem with gender. We should follow the Constitution and what it says. These are things that we should think about and take them up as our responsibilities because we passed the Constitution. The two thirds gender representation is there and we agreed to put all those laws in place. Certain seats should not just be reserved for men. We should continue to encourage what we have gained in the Constitution even as we continue to implement it. As I conclude, it is good to note that President Obama will be visiting Kenyatta University where they have put up a centre of leadership that can nurture young people who would like to venture into leadership. This is something that we can do for ourselves. We should institutionalize the whole aspect of leadership and what it takes to be a leader. You should leave a legacy when your time is up. The leaders who are in place should lead by example. Sometimes the hate comments we see being thrown around are bad. What message are we sending to young people who would like to take up leadership in Kenya? It is important for us to be responsible and also learn how to lead but not just politic for the sake of it. Therefore, Madam Temporary Speaker, I support this Motion. We are looking forward to the outcome of the visit. I hope that expectations of Kenyans will be met.
  • Bonny Khalwale

    Madam Temporary Speaker, I rise to support this Motion. In so doing, I welcome President Obama. I thank him because of what he represents. To some of us who believe in the Bible, that all men were created equal, we thank President 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.

  • July 23rd, 2015 SENATE DEBATES 44
  • Obama for being the first Blackman to make that be evidenced in the highest office in the greatest nation in the world. We thank him because I can now face my five boys and tell them that the American dream will one day become the world dream for the entire humanity. Madam Temporary Speaker, we cannot fail to pause to remember the thinking of great leaders. Fidel Castro, in 1973, made a prophecy. We thank President Obama that the prophecy of Fidel Castro has been actualised. Fidel Castro said that America would work with Cuba when a Blackman is a president and a Latino Pope. Today, the Pope is from Latin America and President Obama, a Blackman, is the President of the United States of America (USA). Fidel Castro is still alive. He must be very happy that he has been proved right. Madam Temporary Speaker, the coming of the President of the USA is not a homecoming. He will be coming to officially preside over the Global Entrepreneurship Summit (GES). How I wish he would find time to come home. He does not know the nostalgia he will meet. Those of us who have been here for a while – my brothers; Sen. Murungi and Sen. Orengo are here – will attest to this. I remember in 2003 when some old man, a bandit from Ethiopia, was mistaken for being the lost General Mathenge. The excitement that was in this Parliament – that finally, a hero had arrived – was something to behold. I would have loved to see the Luo people celebrate their own son; not because he is a fake hero like the story of “General Mathenge” in 2003, but a real hero. Madam Temporary Speaker, we must give it to them. Many parents are usually happy to have a child who is number one even in a nursery school. The Luo people have a son who is number one in the world. We should thank them for that. It appears as if there is something special about the Luo people who are my neighbours. Lupita who is number one in the film industry is a Luo. Hon. Obama who is the President of the USA is a Luo. Dennis Oliech, the first boy to play international soccer is a Luo.
  • (Several Senators rose up in their places)
  • Bonny Khalwale

    Colleagues, you will make your contributions. I have just provoked your imagination with my contribution. Madam Temporary Speaker, it will be a big privilege for only a few Kenyans to talk to the USA President. I beg all the people – right from the President of the Republic of Kenya and whoever else will have an opportunity – to tell the President of the centre of commerce in the world, hon. Obama, the truth. We must tell him the truth that our problem is terrorism. We must remind him that on Monday, he sat with President Buhari of Nigeria and gave him about US$503 million to help him face the challenge of the Boko Haram. We should request him to remember that terrorism in this country has cost us a lot; both in life and property. Madam Temporary Speaker, they must tell him the truth; that our troops must leave Somalia. Our troops are, today, in Somalia against the Geneva Convention that provides that a country that shares the same border with another country cannot 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.

  • July 23rd, 2015 SENATE DEBATES 45
  • contribute peacekeeping troops. We, therefore, can very well, understand some of the Somalis from Somalia when they look at our forces as occupational forces. I have had a personal privilege of visiting the Ambassador of the USA in Kenya, Mr. Godec, in his office. I told him that our troops must be supported to come out of Somalia and deployed to our borders. If President Obama supports that our troops continue being in Somalia, then, he will be falling short of the glory of patriotism for not remembering home and failing to respect the Geneva Convention. Madam Temporary Speaker, we must tell President Obama that our number one problem is corruption. If President Uhuru will not tell him, may whoever meets him tell him that corruption is right at the heart of the Presidency; a Presidency that has successfully managed to convert the National Assembly of this nation into a department in the Office of the President. The National Assembly is now like a department that is commanded to disband the institution of fighting corruption; the Ethics and Anti- Corruption Commission (EACC). It is commanded to whittle down the independence and powers of the Office of the Auditor-General. These are institutions that are paramount in fighting corruption. Madam Temporary Speaker, when I heard people say that the President of the USA might not greet our Deputy President, how I wish they could also say that he would refuse to sit on the same dais with some of the Cabinet Secretaries of the Jubilee Government who are thieves. We would like him to be told the truth about impunity in this country.
  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Take your seat, Senator. There is an intervention.

  • (Sen. (Dr.) Khalwale sat at his place)
  • Billow Kerrow

    On a point of order, Madam Temporary Speaker. Could Sen. (Dr.) Khalwale substantiate his statement because there are 19 CSs who are not in the House to defend themselves? He cannot claim that among them, there are those who are thieves without substantiating his statement. This is not fair to those who are not in the House to defend themselves. Could he substantiate or withdraw that kind of unparliamentary language on public servants?

  • Bonny Khalwale

    Madam Temporary Speaker, it is the practice and tradition of this House that a Member cannot substantiate a matter which is already in the HANSARD. In the Parliamentary HANSARD of a joint sitting in June, President Uhuru tabled a list of shame and named his own CSs. How sorry we are that he did not include Ms. Ann Waiguru and the Deputy President because they are also involved in corruption.

  • John Krop Lonyangapuo

    On a point of order, Madam Temporary Speaker. Sen. Khalwale cannot be allowed to continue saying things which he cannot substantiate. The President did not bring names of thieves. You better change your language. What he brought was names of officers who were told to step aside so that investigations could be done.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    What is out of order? 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.

  • July 23rd, 2015 SENATE DEBATES 46 Sen. (Prof.) Lonyangapuo

    Is he in order to continue using unparliamentary terminology here and accusing people who are not present in this House to defend themselves?

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Proceed, Sen. Khalwale.

  • Bonny Khalwale

    Madam Temporary Speaker, the thieves in this Government are responsible for the deaths of our children and pregnant women because of lack of essential drugs.

  • An hon. Senator

    So what?

  • Bonny Khalwale

    Even if you say “so what,” our children are dying. Since you are rich, you do not know how---

  • Kipchumba Murkomen

    (Sen. (Prof.) Kindiki): On a point of order, Madam Temporary Speaker. For how long will Kenyans be treated to this kind of charade? It is highly irresponsible, and in my view, out of order for a Senator of good standing like Sen. (Dr.) Boni Khalwale; a highly educated Kenyan and medical doctor to stand here and tell Kenyans about some purported thieves in Government, while he knows that the Opposition Chief Whip and the Mover of this Motion was in that list. I request that you demand an apology and withdrawal.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    What is it, Sen. Muthama?

  • Johnson Nduya Muthama

    Madam Temporary Speaker, the Senate Majority Leader says that I am one of those who were in the list. I never denied that. I am ready to go to court. What we are talking about here is the confession by the Head of State of this country; that his own office is filled with thieves.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Order, Senators! Sen. Khalwale, can you conclude, so that I can give other Senators time to also contribute?

  • Bonny Khalwale

    Madam Temporary Speaker, we must tell the President the truth; that these so-called travel advisories by the western world are hurting our tourism. We must tell President Obama that when the Twin Towers was hit, the world did not move to ask the people of the world to deny America the billions of dollars they get out of tourism. We must tell President Obama that we want more and more business opportunities. We do not want aid from the United States of America. Madam Temporary Speaker, because of the many interruptions, please allow me just two minutes.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Please, conclude.

  • Bonny Khalwale

    Thank you, Madam Temporary Speaker. This is the only way we are going to prevent our Kenya shilling from sliding further to the standards that we have in Zimbabwe. This is the only way we are going to save the sugar industry, including Mumias Sugar Company and Nzoia Sugar Company. I beg to support and thank you for the two extra seconds that you have given me.

  • Abu Chiaba

    Asante sana, Bi. Spika wa Muda, kwa kunipa nafasi hii niungane pamoja na wenzangu kuunga mkono Hoja iliyoletwa na Sen. Orengo---

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Order, Senator! Bearing in mind that it is 10 minutes past six and we still have Senators who would like to speak, I would like everybody to have an opportunity to speak; I order that we reduce the time from 10 minutes to three minutes. 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.

  • July 23rd, 2015 SENATE DEBATES 47 Sen. Chiaba

    Asante, Bi. Spika wa Muda, kwa kunipa nafasi hii niunge mkono Hoja hii iliyoletwa na Sen. Orengo. Imekuja wakati unaostahili. Anayekuja hapa si Rais wa kawaida; ni Rais wa taifa lenye ushawishi mwingi katika ulimwengu, Taifa la Amerika. Tukijaribu kufananisha Rais wa Amerika na rais yeyote huko Uropa, Asia au Afrika, tunajidanganya. Rais wa Amerika ni wa kipekee. Ni mtu ambaye anatawala dunia nzima. Anaongoza dunia nzima kuleta amani na biashara. Tunatarajia mengi kutoka kwa mtoto wetu. Zaidi ya hayo, huyu anayekuja si tu Rais wa Taifa la Amerika bali wazazi wake wanatoka hapa Kenya. Tunatarajia mema atakayetuletea, akikumbuka kwamba wazazi wake wanatoka sehemu hii ya Afrika. Ninatambua juhudi zake za kuleta mambo mengi ili kusaidia mataifa ya Kiafrika. Zaidi ni kwamba Taifa la Amerika ni taifa linalozingatia vipengee vya Katiba. Kama hawangetegemea hiyo, Rais Obama hangekuwa Rais wa taifa hilo la Marekani. Yeye ni Rais wa 44 wa Marekani. Ni Rais ambaye wazazi wake wametoka Kenya. Marais wengine 43 wana asili ya Uingereza na Ireland Kusini. Wengine ni Wakotoliki, na wengine ni Protestanti lakini yeye wazazi wake ni Waislamu. Hilo ni dhihirisho kwamba Maerikani ni taifa kubwa ulimwenguni. Ningependa pia kumjibu Kiongozi wa Wachache katika Seneti aliyesema kwamba Jubilee haijawaangalia watu wa Kaunti ya Lamu. Ninamkumbusha ya kwamba Katibu wa Kudumu katika Wizara ya Ardhi na Balozi wa Kuwait wanatoka Lamu. Pia, nachukua fursa hii kumpongeza Waziri wa Maswala ya Kigeni na Biashara ambaye kwa juhudi anayofanya kuleta uhusiano bora katika mataifa yote ya ulimwengu. Kwa hayo machache, naunga mkono.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Proceed, Sen. Muriuki. It seems he is out of the Chamber. Proceed, Sen. M. Kajwang.

  • Moses Otieno Kajwang'

    Madam Temporary Speaker, I would have done a disservice to the people of Homa Bay if I did not comment on this Motion. There is a place called Kanyadhiang in Karachuonyo in Homa Bay County. This place lays claim to the Obama Family. Therefore, I take this opportunity to inform my brother and senior, Senator for Siaya, that the original root of the Obama Family is in Kanyadhiang in Karachuonyo. They just have relatives in Siaya. They are squatters in the United States of America (USA). Sen. G.G. Kariuki said that it does not matter. However, in our culture, we take it seriously. Ancestry and relations are things that cannot just be blown away by the wind. I welcome President Obama and congratulate him for the great things that he has done globally. The lesson we learn out of this visit is that we do not need to own land the size of a province or the size of a school playground to be a leader or a great person. It is the humility and the little things we do that make us great. The Bible in the beatitudes says that blessed are the poor for theirs is the Kingdom of Heaven. You do not need to rely on the tyranny of numbers. You can be a minority and come from a nondescript community but still ascend to the highest level. The Bible also says that blessed are the meek for they shall inherit the earth. I want to welcome President Obama again and call on our colleagues that when visitors come, we withdraw our dirty linen; we welcome the visitors and make them feel at home. When they leave, we can continue with our battles. 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.

  • July 23rd, 2015 SENATE DEBATES 48
  • When President Obama leaves, he will still leave behind a terrorized country, a corrupt country, a country that is crumpling with economic crisis and so many other problems. Let us not think that President Obama’s coming will sweep this under the carpet. Let us stay focused on the issues at hand. If I was coming from the United States of America (USA) to gauge the feeling of the nation by listening to the Senate discuss, the conversation today shows a very high level of disharmony and tension between the two sides. President Obama’s coming is not an endorsement of the Coalition for Reforms and Democracy (CORD) or the Jubilee Coalition. In fact, it does not whitewash that we have issues in this country on the electoral process. I want to invite President Obama to talk candidly with the leadership, the opposition and the entire citizenry on certain pertinent issues. Let us discuss candidly on insecurity and trade opportunities. Also, let us not avoid talking about issues of governance, corruption and democratic reforms. I also want to thank the Americans for renewing the African Growth and Opportunity Act (AGOA) for another ten years.
  • Anyang' Nyong'o

    Madam Temporary Speaker, I would like to congratulate my dear friend, Sen. Orengo, for bringing this very important Motion to the House. Having said that, I enjoyed the distinct privilege of having known Senior Obama personally unlike Sen. G.G Kariuki. In fact, one time, I was his driver in this City of Nairobi. I have a lot of memories about the father. He was as erudite as the son. I remember he wrote a very important article in The East African Journal criticizing Sessional Paper No.10 and its application to planning in Kenya. In fact, that essay in The East African Journal is what got him in trouble with his employers if you do not know. It still stands out as a very important critic and analysis of the political economy of this country. If you read his son’s ‘The Audacity of Hope’, some of the issues handled in that essay remerged in his son’s book, Madam Temporary Speaker, I hope you will give me more time because I have a lot to say. I have also known President Obama personally. The first time I met him was in Chicago, my alma mater. Having a common friend who I was with in graduate school and graduated with - We had tea together in 1996, after he had lost an attempt to get into Illinois Congress. He was a very humble young man and we talked about a lot of things. Subsequently, I met him in Nairobi when he came as a Senator. What strikes me about President Obama is his singular ability to look into the future, not just of his own career but the future of mankind and the people of America. There are so many things that he thought of before he came into the political limelight which has helped him shape the destiny of that nation. Madam Temporary Speaker, lastly, when the leaders are going to meet President Obama, there is one thing I think they should talk about and that is the Africa Power Institute, the initiative that President Obama has had to enhance energy production and use in Africa. The USA has dedicated $20 billion for this effort, for the production, the transmission and the consumption of energy in Africa emphasizing on green energy and getting away from energies like coal and so on. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

  • July 23rd, 2015 SENATE DEBATES 49
  • While saying that, it is important for the USA to consider spending 10 per cent of that money devoted to the Africa Power Initiative to preserving the environment. As you know, 70 per cent of the African population still relies on charcoal for energy. The destruction of our forests must go along with re-forestation and renewal of our environment.
  • (Sen. (Prof. Anyang’-Nyong’o’s microphone went off)
  • Madam Temporary Speaker, you should allow me to conclude like you have done before.
  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Sen. (Prof.) Anyang'- Nyong’o, I have allowed you to conclude.

  • Anyang' Nyong'o

    Thank you, Madam Temporary Speaker. I think that it is so important that part of this money is used on our environment, particularly, soil and water resources, apart from forestry. Finally, the grapevine has it that I am going to meet the President and I am very happy about that. I hope that I will get the opportunity to convey some of your greetings to him. Thank you, Madam Temporary Speaker.

  • Godliver Nanjira Omondi

    Thank you, Madam Temporary Speaker, for this opportunity to contribute to this Motion. I also thank the Mover of this Motion, Sen. Orengo. I take this opportunity to welcome President Obama to this country. I am so happy that he is coming at a time when I am a Senator. That reminds me about the history of his life which I compare to mine. It reminds me that it does not matter who you are, where you were born, what you look like and what you have gone through; God has good plans for each and everyone. For those reasons, I am so happy that I will be meeting him on behalf of people with disabilities. Like my colleagues have said, as we welcome him, we should not make Kenyans suffer. We should live our life the way we have been doing. He should see the way we struggle with traffic jams in Nairobi. We should not hide our suffering. This is our country and what we are going through should not be hidden simply because a visitor is coming. If I had the powers, I could have ordered that all roads should be accessible to all people, so that we do not make people suffer or stay in their houses, simply because the President of the USA is coming to visit Kenya. I would like to finish by saying that Kenyans are suffering because of corruption and the leadership in this country. We cannot pretend that people are not suffering. The common Kenyan is suffering because of poor health services and economic hardship. We must talk about this. I have no apologies as a person or a Senator to say that there is corruption in this country and it is killing the economy.

  • Elizabeth Ongoro Masha (The Temporary Speaker)

    Your time is up.

  • Mshenga Mvita Kisasa

    Asante sana Bi. Spika wa Muda. Namshukuru Sen. Orengo kwa kuleta Hoja hii. Mgeni njoo mwenyeji apone. Naomba kumkaribisha ndugu Obama hapa Kenya. Rais Obama ni kaka yetu na pia Rais wa Marekani. 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.

  • July 23rd, 2015 SENATE DEBATES 50
  • Ukiona vyaelea, jua vimeundwa. Marekani sio nchi ambayo tunaweza kushindana nayo. Kwetu sisi ni nchi ya kuiga. Kwa hivyo, tutafanya kila juhudi tuwaige kwa sababu kila safari ndefu huanza na hatua chache. Nasema hivyo kwa sababu tutabaguana na kupakana matope, lakini mgeni akija ni lazima tuwe na nidhamu kama Wakenya. Bi. Spika wa Muda, katika swala la usalama, Waswahili husema kwamba ukiona mti unapurwa, jua ya kwamba una matunda matamu. Juzi tumekuwa na wageni, wake wa marais kutoka nchi maridhawa. Huo si ugeni mdogo bali ni juhudi za nchi yetu. Marekani pia haikuanza hivi hivi. Lazima Rais Obama aliungwa mkono na watu wake kwa sababu nguvu za maji ni mawe. Sisi hapa hatuthamini watu wetu wenyewe. Rais Uhuru na Makamu wake ni viongozi wetu lakini je, sisi tunawaunga mkono? Kwa nini tusiwaunge mkono ili tupate ile sifa? Tunaona tu lazima wawe kama Rais Obama. Hatuwezi kushindana naMarekani. Naomba hata sisi tuiunge Serikali mkono na tuige Marekani.Hata upande wa nidhamu, kila kitu lazima kitachukua muda. Bi. Spika wa Muda, ninampa kongole Sen. Orengo kwa Hoja hii kwa sababu mgeni lazima akaribishwe na sisi tunamkaribisha Rais Obama nyumbani. Tunatamani hata sisi tungempa omena ale ili apate nguvu kwa sababu watu wake wana nguvu. Ninaunga mkono Hoja hii.
  • Billow Kerrow

    Madam Temporary Speaker, I also want to associate myself with this Motion. This gentleman inspired many people in the world when he came into office in 2008. However, whether it is due to domestic problems or not, he has ignored his territory of Africa. In 2009, when he went to Egypt and Ghana, he promised to go for true partnership with Africa particularly in terms of trade and investment. When Mr. Bill Clinton was the President, he looked after countries which were his roots like Ireland. He actually spent time to ensure that that country secured peace. I think President Obama should not have come later in the day. Madam Temporary Speaker, let me say two things. One is with regard to his meeting with the Government. Of course, the days when America used to tell people a lot of things in Africa are gone. Nonetheless, I think it is important that he emphasizes on the issue of security particularly on how to deal with terrorism because the biggest challenge of this country is failing to learn from people who have spent time and energy in dealing with this matter. I particularly want President Obama to advise Kenya – the advice read to the media recently by Johnnie Carson and Mr. Bellamy, the former Ambassador here – on how to deal with communities in those areas. He should advise on how to avoid punishing communities collectively – extra judicial killings, arrests, disappearances and the kind of treatment of Non-Governmental Organizations (NGOs) that we see of Haki Africa and others. I think these are issues that they need to explain. They will in the long term only create resentment and more opportunities for terrorism. It is important to address issues of inequalities in terms of development and education in addressing these problems that we have. I expect him to address that. Lastly, Madam Temporary Speaker, this country expects that they will discuss with President Obama trade, infrastructure, health and other serious issues. This is the hub of not only East Africa but Sub-Saharan Africa. I think it is important that they send out a message. Americans have always concentrated on capacity building and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

  • July 23rd, 2015 SENATE DEBATES 51
  • governance. It is time the American Government sent a clear message that they are ready to partner with Africa in terms of investments and trade and not such small things as the African Growth and Opportunity Act(AGOA) but trade and investment ---
  • Kiraitu Murungi

    Madam Temporary Speaker, I rise to support this Motion. I am one of the few Kenyans who know President Obama personally having spent one year with him in 1990/91when we both studied at Harvard Law School. He is a very bright person and we studied courses related to reinvention of democracy, human rights and international law. I spent time taking tea with President Obama and he was very concerned and took a lot of interest about the happenings in Kenya at that time. That was the time of the clamor for multi-partism. There is a lot of hullaballoo in this country about the coming of President Obama. He is not a Kenyan but an American of Kenyan origin and he is coming here as an American President to promote America’s vital interests abroad. They are three at the moment. One is economic interest – promoting American trade and investment in the world. Two, he is coming to fight terrorism. The war against terror is also part of the American vital interest. Three is to expand the frontiers of democracy. Do not be surprised if he talks about gay rights because that is part of the agenda. In fact, they call it promotion of democracy abroad. Madam Temporary Speaker, those Kenyans who live in mud and grass thatched houses and who think that they will now live in a stone house because President Obama has come are wrong. Kenyan goats are not going to produce twins because President Obama has arrived. For a long time, the American foreign policy has caused a lot of suffering and poverty in this continent. Do not forget about the Structural AdjustmentProgrammes (SAPs) which reduced public spending by governments especially on vulnerable groups in the 1980s. We should not forget that the American foreign policy has focused more on values than on economic development and infrastructure of Africa. I do not remember a road in this country which was constructed by USA. Neither do I remember water projects which have been done by Americans. They have been left to Japan and China. Now that he has come to Kenya, fetched water in Kogelo and knows the problems of Kenyans, time has come for the American foreign policy towards Kenya to shift so that we do not merely focus on the lectures that they give us on democracy and corruption. They have lectured us for ten years and more, some of us have also gone to school with them and we know those things. Surely, even foolish people, after being taught for 10 years, should have learnt. Madam Temporary Speaker, let them come with new things. We would like more focus to be on economic transformation of this country. However much we preach to hungry Kenyans, they will never become democratic. The boys will still follow people with their little money and even kill opponents during campaigns. Let us promote the economy, do infrastructure and appeal to President Obama to shift the American foreign policy towards this country.

  • Beatrice Elachi

    Madam Temporary Speaker, I also rise and thank the Mover of the Motion. I thank President Obama for finding time to come to our country for a State 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.

  • July 23rd, 2015 SENATE DEBATES 52
  • function where he will meet his counterparts and to a global meeting where he will meet entrepreneurs from all over the world. Today, Kenya is on the world map. First, we need to appreciate that we have come a long way as a country. President Obama once said that if you are walking down the right path and you are willing to keep walking, eventually, you will make progress. I think that is what Kenya has been doing. Therefore, the foreign policy that we are talking about, we have leant through the governance structures and they kept on giving us money for capacity and institutional building; we now have a progressive Constitution. Madam Temporary Speaker, they are coming in a bit late when the People’s Republic of China has now taken over and the country’s infrastructure is clear. We want them to especially change their foreign policy on security because it is hurting countries because of safeguarding American interests. We hope that he will address the issue of insecurity in this country, especially terrorism. We have suffered a lot as a country. But I also hope that our young people will move on and learn from that dream; that indeed if you are focused and believe and have faith, you will see change and prosperity in your country. We hope to see the Nairobi City County Government taking care of what they have just done in form of beautification. They should not leave the grass to dry up as soon as President Obama leaves, yet we have spent millions of shillings on it. We thank them for the change that we are seeing. I know that there is the issue of street families. This is the right time to also try and have a data of the street families, so that even as President Obama leaves, those families can also be taken care of. Since the Government has always had money for street families, I hope that it will be used to assist them. Madam Temporary Speaker, I beg to support.
  • John Krop Lonyangapuo

    Madam Temporary Speaker, I join my colleagues in congratulating Sen. Orengo for bringing this timely Motion, when we are about to have a visitor in town. This is a historic matter in the sense that for the very first time, a sitting President of the United States of America (USA) is coming to Kenya. We have even seen types of helicopters that have not been seen in Kenya before. Even the Kenya shilling has strengthened today by about Kshs3. We hope that as a result of the visit by President Obama, there will be an impact on the economy, even though the traffic on our roads will be affected. Madam Temporary Speaker, we need to learn lessons from this visit. One of the lessons is that Kenya has 54 political parties spread in the county assemblies, National Assembly and the Senate, while in America they have less than four political parties. No wonder, President Obama, who comes from a minority, could become President. If there were many political parties in the USA, he would have not have been President. This is a lesson that Kenyans must learn. We need to reduce our political parties to two or three, so that when one vies, he is seen as a member of a political party. We will also learn a lot from the technology that they will bring. For example, now the whole world is focusing on us because of this visit. We thought that the CNN knew where Kenya is. They are referring to Kenya as the “hotbed of terror”. This means that they do not know where Kenya is. For the very first time, all media Houses 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.

  • July 23rd, 2015 SENATE DEBATES 53
  • focusing on our country. This is a plus. I hope that as they do so, the wildebeest migration, the seventh wonder of the world, which is taking place in the Mara, should be highlighted. Many visitors will come to our country. We need to learn a lot. As a nation, in terms of security, we need to benchmark with a country like America which has suffered in the hands of terrorists, for instance, the 9/11 terror attack. We need to benchmark with them even in terms of technology. With those few remarks, I support.
  • Elizabeth Ongoro Masha (The Temporary Speaker)

    I am standing up to invite you to reply. I am wondering why the orderlies are all over. We are not adjourning yet. The Mover has not yet replied. I call upon the Mover to reply.

  • James Orengo

    Madam Temporary Speaker, I thank everybody who has contributed to this Motion. The only thing I regret was the sideshows. I hoped that at the end, if this debate was held in the manner that it should, one could even have taken a transcript of the HANSARD and presented it to the Government of the USA or the authorities there to show what Senate said on the occasion of the visit by the President of the USA. The views of Sen. Murungi were very valid comments about American foreign policy on this part of the world. President Obama has been described as a transformational President. I am so happy that he is being considered among the great Presidents of the last century. There are only two names that come up whenever this question comes up for debate; that of Roosevelt who was the President for more three terms, and that of President Reagan. As a son of a man from Kenya, this is something to be proud about. Finally, at the end of the day, Kenya will remain to resolve its own problems. President Obama will not come here with the magic wand. It is left to us. Whatever we say about each other, we need not be overly sensitive. For example, when we were talking about the list of shame here, as politicians, let us not be sensitive. There is a great politician from Zimbabwe who used to tell me that when you are in politics, be prepared to be embarrassed. If you are not prepared to be embarrassed, get out of politics because people will continue to embarrass you. People like President Obama have gone through that process when some people said that he was not born in America which is not true. Therefore, as we are left to deal with Kenyan problems, my plea is that we, as Kenyans, must learn how to have a conversation together. I am sure if the leadership is talking together about common problems, for example, Sen. Billow has been raising about the security issues in north eastern. I would be happy one day to see the President meet with the leaders of the Opposition. This is a problem that we must resolve together. Nobody will come from Mars to resolve these issues. We should be mature in the way we practice our politics. The other day, in the USA, the Congress invited the Prime Minister of Israel against the wishes of the administration. It caused some waves, but at the end of the day, they said that America is a free nation. Let the Prime Minister come and say what he wants. He had a lot of criticism against the Obama Administration. At the end of the day, let us not be afraid to point out our mistakes to each other. Let us not be afraid to say 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.

  • July 23rd, 2015 SENATE DEBATES 54
  • things that are wrong. Therefore, the urge to build this country into a greater democracy and to perfect our national unity will take us very far as a nation. With that, I thank everybody who contributed to this Motion. I hope that one day; this Senate will come to Siaya. Probably, I should bring another Motion urging the Senate to come to Kogelo. At that time, we may have another conversation without the normal rules in this House. Another day we can go to Bungoma or Meru County because the Lion or King of Meru deserves a visit. That can be done so that we can show the country that there is only one leadership. That leadership is in the institutions; the Executive, Parliament and the Judiciary.
  • (Question put and agreed to)
  • Elizabeth Ongoro Masha (ADJOURNMENT The Temporary Speaker)

    Hon. Senators, it is now time to adjourn the business of the Senate. The Senate stands adjourned until Tuesday, 28th July, 2015 at 2.30 p.m. The Senate rose at 6.47 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.

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