Mr. Speaker, Sir, I wish to seek a statement from the Chairperson of the Standing Committee on Energy. The statement relates to the frequent power blackouts in West Pokot County leading to massive loss of business, retarding development despite expectations that residents have had since the Turkwell-KenGen Power plant is situated in the county. In the statement, I would like the Chairperson to; (1) state the plans the Ministry has put in place to mitigate this problem; and, (2) state when constant power supply will be experienced in West Pokot County.
Mr. Speaker, Sir, the situation regarding electricity supply in the whole country is appallingly pathetic. Would I be in order to put a rider on the statement sought by Sen. (Prof.) Lonyangapuo so that the Chairperson gives a similar answer to the people of Migori County who are facing a similar problem of power blackouts like West Pokot?
Where is the Chairperson for Committee on Energy? Is there any Member of the Committee on Energy here? Where is the Senate Majority Leader or the Deputy Majority Leader? Sen. Sang, you have an opportunity to demonstrate your effectiveness. So, could we ask you to communicate to the Chairman of the Committee on Energy?
Mr. Speaker, Sir, I was demoted subsequently after pushing the same front bench on several occasions to deliver to this House. I undertake to pass 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.
That will be okay if we will not have gone on recess. I do not know what it will mean. However, one week is okay with me. I am hoping that the recess will not complicate the one week given by the emissary.
Order. This House has a calendar. The Chairperson has also given me an assurance. It depends on which one comes first.
On a point of order, Mr. Speaker, Sir. After taking the trouble to inform the Chairperson and my leadership that I will undertake to bring an answer, did you hear Prof. Lonyangapuo describing me as “an emissary”? I am a distinguished Senator who has taken the trouble to help him obtain a response to a statement.
Order, Sen. Sang. We have a lot of business to clear. I do not see anything offensive in being referred to as “an emissary”. My understanding of the English Language is that an emissary is somebody who is out to convey a message. The only thing that Sen. Lonyangapuo should appreciate is that you are doing it on voluntary basis. He must appreciate any effort you have expended and you will expend to secure an answer for him. Order! Are there any statements? Yes, Sen. Njoroge! FREEZING/HANGING OF SAMSUNG ANDROID MOBILE PHONES IN KENYA
Mr. Speaker, Sir, I rise, pursuant to Standing Order No.45(2)(b) to seek a statement from the Chairperson of the Standing Committee on Informaiton and Technology on the manufacturing of Samsung android mobile phones. In the statement, the Chairperson should explain; (1) whether the Government is aware that Kenyans are spending a lot of money to purchase Samsung android mobile phones yet most of them freeze or hang while in use thereby inconveniencing the users; (2) explain the cause of the freezing/hanging; (3) outline the steps that the Government is taking to have the problem addressed.
On a point of order, Mr. Speaker, Sir. That is a very important statement in view of the total cost that members of the public spend in purchasing these gadgets. Could the Chairman also bring to the House, in his answer, a confirmation that all products of Samsung and other mobile phone companies are subjected to verification by the Kenya Bureau of Standards (KeBS)?
Mr. Speaker, Sir, I could give an answer after the recess since we are going on recess this week.
You should give an answer on the first Tuesday after the House resumes from recess. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order, Mr. Speaker, Sir. I migrated from iPhone to Samsung. This request is based on the assumption that many Kenyans use Samsung phones. My experience is that Samsung mobile phones are far much better in terms of the hanging and many other issues more than the iPhones. I am wondering why the issue is being generalized to mean that most Kenyans have a problem with Samsung. I do not know what that information is based on. Is it based on a study or how did the Senator arrive at that conclusion?
Order, Sen. Billow. You are a seasoned Member of the House. I hope you get my message. It is not your business to respond. The last time I checked, you were not the Chairperson of the Committee on ICT. You can give whatever information you have to the Chairperson of the Committee on ICT.
Mr. Speaker, Sir, the attempt by the Senator for Mandera to defend this company amounts to an injustice being supported by this House.
Order, Sen. Khalwale. I listened to the Senator very carefully. I know that you always listen. He never put any defence for the company. He was only reliving his own experience as an owner of one of those gadgets. In any case, I do not think that this is the time to trade accusations. Wait for the statement to come so that we know whether the Chairperson is defending the company or not. You will have your opportunity at that time.
Mr. Speaker, Sir, could the Chairman comment, in his answer, whether the inefficiency of Samsung android mobile phones has anything to do with the network systems in the country, especially Safaricom, whose efficiency is in the same jeorpady? CRITERIA FOR APPOINTMENT/REGIONAL DISTRIBUTION OF APPOINTMENT TO PARASTATALS
On a point of order, Mr. Speaker, Sir. I stand to seek direction from you with regard to the statement listed as “g” on Criteria for Appointment / Regional Distribution of Appointment to Parastatals. The statement came and there was overwhelming interest. A request was done for the answer to be circulated which was done. However, I realised that the answer was inadequate because the statement I had sought was with regard to appointments that had been done around April. I approached your office but did not succeed because the Chairperson was not in to see how I could drop this statement so that I seek a more comprehensive one covering all the parastatals in the country. I wanted all the appointments in the country to be covered so that the answer is comprehensive. I am seeking your indulgence on whether I should withdraw this statement so that I get an opportunity to file a new question which I have already handed in.
Sen. (Eng.) Muriuki, you know that is not for the plenary. You know what to do. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order, Mr. Speaker, Sir. I requested for a statement two weeks ago and you asked the Chairman to come with an answer today. The statement is indicated on the Order Paper as “a”. This is about the problems being experienced at Moi University and the Univeristy of Eldoret.
Very well. I can see that the Chairman is present. Yes, Chairperson for Committee on Education?
Thank you Mr. Speaker, Sir. We had a discussion regarding this matter with my friend, Sen. Lonyangapuo. However, for the benefit of the Senate, it has not been possible to get full information about the two universities from the Ministry. I am still pursuing this. Even right now, there is somebody in the office handling the same. I hope that the matter will be handled before we go on recess.
What day are you proposing?
Mr. Speaker, Sir, I am proposing Thursday this week.
Let us move to statement “b” by Sen. (Dr.) Khalwale. STATUS OF VARIOUS PROJECTS IN NAROK COUNTY
Mr. Speaker, Sir, I just wanted to inform the House that the Committee is seized of this matter. However, the Committee requires slightly more time. Could you give us one more week because we have started listening to evidence from governors in respect of the recently tabled accounts? I am requesting for one more week to complete that because we have been squeezed on time.
On a point of order, Mr. Speaker, Sir. You know that Sen. (Dr.) Khalwale is a very bright person. In his prayer, he asked for one week when he knows very well how our calendar is. Would he not have been in order to request that he be allowed to respond after the House has come back from recess?
Order, Sen. (Dr.) Machage. The Standing Orders are very clear. You cannot impute improper motives on a Member, particularly a Chairperson unless you have evidence. My understanding is that he needs one week. Whether that one week falls within this or next week, going by normal calendar days, we cannot change that. Both facts are valid.
Mr. Speaker, Sir, my only plea to the House and the Chairman of the Committee is that the issues that I raised are very sensitive. Some of the contractors are admitted in hospital because of pressure. People have not been paid and their properties are being auctioned. Therefore, this issue needs a lot of attention. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I will still request that the Member indulgences me. I am glad that he is already on top of things, having heard the remarks that he has just made that things are very obvious and that they do not require the opinion of the Auditor-General, I, therefore, believe that the answer I will give will be obvious and we shall agree on it. Thank you, Mr. Speaker, Sir.
Is it in terms of timelines?
Yes, in terms of timelines, Mr. Speaker, Sir. Tomorrow, we will meet Homa Bay County Executive in the morning and then on Thursday morning, we will meet Homa Bay County Assembly. Therefore, we will not have time. I request that we deal with the issue next week.
Mr. Chairman, the Senator has also raised a fundamental issue concerning the way of operating. You know of similar circumstances previously.
Then, in that case, Mr. Speaker, Sir, allow me to report to the House progress on Thursday.
Thursday is okay. KILLINGS IN KITUI COUNTY
Could the Chairman of the Committee on National Security and Foreign Relations respond to the issue of killings in Kitui County? This statement was sought by Sen. Musila. We had discussions on the other two.
Mr. Speaker, Sir, I apologise, both to the House and my brother, Sen. Musila, for not giving a response today. I got a response which was very unsatisfactory because it did not address the issues that were raised by Sen. Musila. Our subsequent discussions with the Cabinet Secretary (CS) were not fruitful. So, I have sent the questions back for the CS to include all that was raised by Sen. Musila. I hope that we will have a better response on Thursday.
Mr. Speaker, Sir, I am very disappointed. The House will recall that this matter has been coming up almost every time we meet. The matter was postponed because – to quote the HANSARD – the Vice-Chairperson said; “I would request my Chairperson to accompany me to the office of the CS for the Ministry of Interior and Co- ordination of National Government to address this matter face to face with him.” That was on 7th July, 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.
Mr. Speaker, Sir, I agree with the sentiments of Sen. Musila. We expected a better response than what I have. I will endeavour, once again, to press the CS to make the response available for me to read here on Thursday, this week.
Mr. Speaker, Sir, the Chairman has requested to come with a response on Thursday. However, this matter can only be resolved when the CS is invited to this House so that all of us cross-examine him. This is because we cannot expect the Chairman, who has tried very much, to get anything from him. Therefore, I propose that this matter be the first business when we resume from recess. The CS should come here and face this House.
Mr. Chairman, that is fair enough and it is so ordered. You should invite the CS. MYSTERIOUS DEATH OF CORPORAL BERNARD OKINDO MAGETO
We are on Statement (h) which is about the mysterious death of Corporal Bernard Okindo Mageto. Could the Chairman of the Committee on National Security and Foreign Relations respond to it?
Mr. Speaker, Sir, Sen. Obure requested for a response to a Statement regarding the death of Corporal Bernard Okindo Mageto who was allegedly found dead at his station of duty on Friday, 19th June, 2015. The hon. Member particularly sought to be informed on:- (1) the circumstances which led to his death; (2) whether the police officers carried out investigation on the incident, and if so, the outcome of the investigation; (3) why the National Police Service (NPS) was not represented at the burial ceremony of the deceased in keeping with the tradition observed by the service; (4) whether a postmortem examination was carried out, and if so, what the results were; and, (5) whether the family of the deceased could expect to receive any compensation or terminal benefits in respect of services rendered to the state, and if so, how much and when the benefits would be paid. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order, Mr. Speaker, Sir. It is unfortunate that I have to interrupt Sen. Haji. However, his sound equipment could be bad because I cannot hear most of the things he is saying.
Sen. Haji, could you move to the Dispatch Box?
Mr. Speaker, Sir, I wish to read the statement as follows: On 19th June, 2015, at 2.00 a.m., the Marani Sub-County District Administration Police Commandant (DAPC) Superintendent John Manyara reported to the Divisional Criminal Investigation Officer (DCIO) of a shooting incident at Kegogi Administration Police (AP) Camp involving No.2008108218 AP Corporal Bernard Okindo Mageto. The DCIO visited the scene and found the body of the officer and a G3 rifle Serial No.388027 loaded with a magazine beside it. Blood was spilled all over the concrete floor and the clothes of the deceased were stained with blood. The body was found to have visible external injuries as follows:- (1) injury wound between the left eye and nasal ridge, slanting towards the mouth in the sub-mental region; (2) gunshot exit wound through the floor of the mouth and the sub-mental region; (3) gunshot entry wound on the chest; and, (4) gunshot exit wound on the chest. The investigators also observed the following at the scene:- (1) two spent cartridges of 7.62 mm were found at the scene. (2) three unspent rounds of 7.62 mm caliber were found on the floor; and, (3) the G3 rifle safety catch was open and one round of 7.62 mm was in the chamber and the magazine had 14 rounds of 7.62 mm ammunition. The scene was photographed and the body taken to Ram Hospital Mortuary for preservation and postmortem. The firearm and ammunition were collected as exhibits and sent to ballistic experts for analysis on 23rd June, 2015. Mr. Speaker, Sir, the scene was revisited on 19th June, 2015 and it was discovered that one of the bullets fired had exited out of the room via the roofing iron sheet - leaving a mark on the iron sheet – while the other bullet, after hitting the deceased’s chest passed through the body, pierced the armory steel box and ricocheted and hit the wall. Investigations which are still going on were commenced vide Inquest File No.2/2015. However, at the time of the burial, it was believed that the deceased had committed suicide and in such circumstance and in keeping with the tradition of the discipline services, the officer could not be accorded a ceremonial send-off and neither is an official representative sent to the burial. The postmortem was conducted on 22nd June, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, the subject of this Statement is the loss of life of a police officer; a Kenyan at the prime of his life, who has left behind young children, a widow and relatives who depended on him and whose expectations and hopes have now been shattered. This response from a very effective Chairman, actually says that the deceased is believed to have shot himself with a rifle and the cause of death found to be gunshot wounds on the chest and head. From this answer, two gunshots were fired; one which went through the roof, leaving behind a mark on the iron sheet. The second hit the deceased’s chest, passing through his body, hitting the armory steel box and hitting the wall. Mr. Speaker, Sir, is the respected Chair of the Committee aware that the pathologist who carried out the postmortem examination actually confirmed to the family that this officer was shot at and killed? Secondly, if you look at the postmortem examination, you will notice that the injuries were caused by a distant gunshot which caused an entry wound between the left eye and nasal ridge. Is he sure that actually this man shot himself? Secondly, what position could the deceased person have taken in order to shoot himself? How possible is it for a person who wants to commit suicide to fire one shot to the roof of the house and a second one down to his head, his left eye, nose and down to the chest?
Mr. Speaker, Sir, thank you for giving me this opportunity to also seek further clarification. While I thank the distinguished Senator, who is the Chair of this Committee, for bringing this answer to the House, it is inadequate. A widow has been left with children to be their father and mother, yet the circumstances under which the late officer Okindo was killed are still extremely unclear. From the report that the distinguished Chair has given us, it is quite clear that, indeed, this could not have been an incident of the officer killing himself. As the distinguished Senator for Kisii has clearly mentioned, the fact that the bullet even flew through the iron sheet clearly indicates a scene where no suicide could have been committed. Indeed, from the report of the pathologist, it is very clear that this young man was actually shot. We demand to know who the killers of this young officer are. We also demand for a concrete report, so that we can be satisfied and rest our case and the widow and children can know exactly who killed their father or husband. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I would like to know the extent of that investigation. Having ascertained that there was no suicide, as alleged, because I think the circumstances here on basic analysis rule out any possibility that the officer committed suicide, what steps are being taken now by the National Police Service Commission, first, to issue an apology to the family and secondly, to see to it that all rights and traditions observed at the passage of any member of the disciplined forces are adhered to in a manner that restores its dignity?
Mr. Speaker, Sir, the observations made by the Senators who have spoken are legitimate. But I would not like to speculate as to how the bullet went to the roof. It is unfortunate that the officers who investigated this case have the feeling that it as a case of suicide. That notwithstanding, there is an investigation which is going on, which will reveal the happenings leading to the death of the late police officer. Also, there is nothing to suggest, as reported, that the pathologist said that the deceased was shot. But we should leave the matter under investigation so that the truth can come out. Regarding giving the deceased the full honour accorded following the death of a police officer, I explained that since suicide was suspected, such an honour could not be applied but hopefully when the truth comes out, something will be done.
While I thank the Chair for that clarification, the family is convinced that this is a case of foul play and a vicious cover-up attempt on the part of the investigators. Could the Chairman agree that there is need for an independent body, preferably the Independent Police Oversight Authority (IPOA), to take up this matter and carry out independent investigations, so that the family can rest assured that everything is being done to get the truth.
Mr. Speaker, Sir, we will communicate the same to the authority concerned, so that if it is possible, independent investigations can be done, notwithstanding the investigation which is being done by the police station. We shall communicate the same to the Government. CRITERIA FOR APPOINTMENT/REGIONAL DISTRIBUTION OF APPOINTMENT TO PARASTATALS
Mr. Speaker, Sir, I rise to request for a Statement from the Vice-Chairman of the Joint Committee on Cohesion and Equal Opportunity regarding the criteria for appointment and regional distribution of appointments to parastatals. In the Statement, the Chairman should state:- (1) a list of all parastatals; (2) list of all organizations where the Government appoints directors; (3) names of all current appointees per organization in “a” and “b”, giving the county and gender of each; (4) names of chairperson and chief executive of each organization, giving the county and gender of each; 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.
Is any Member of that particular Committee here? Sen. Obure, since I see Members urging you, maybe you are a Member of that Committee. Your job is to convey the message to respond in two weeks time.
I will do so, Mr. Speaker, Sir.
Of course, the previous Statement is withdrawn. What is it, Sen. Murkomen?
Mr. Speaker, Sir, I rise under Standing Order No.33 to give notice of an Adjournment Motion for us to discuss a matter which is of national importance. The notice of my Motion is on the historic visit of the President of the United States of America (USA) to Kenya. I want us to thank him, particularly, on his speech that he gave at the Kasarani Safaricom Stadium and have an exposition of the policy issues that are contained in it. I seek the indulgence of this House to allocate this Motion at least an hour towards the end of the sitting. We want to note and put on record the issues that were raised for the good of our country. We discussed with Sen. Orengo informally and opined that there are many things that the President spoke about that need to change the manner in which we carry out our issues as both sides of the political divide and also as leaders who have been bestowed with the responsibility to lead this country. I request for that time so that this House could deliberate on that speech considering that our sister House will have a similar Motion.
What is it, Sen. (Dr.) Khalwale?
On a point of order, Mr. Speaker, Sir. Indeed, that is an important Motion. I have no doubt that we shall have the numbers. I hope that you will find it within your wisdom to give us time to debate. However, what strikes---
Order! The Motion is carried. It will be debated between 5.30 p.m. and 6.30 p.m. for a period of one hour. Proceed, Sen. (Dr.) 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.
Mr. Speaker, Sir, what strikes me is that exactly the same Motion was moved last week. However, the Motion anticipated the arrival of the President of the USA. The entire group from Jubilee, including Sen. Murkomen, who has just ably given notice of the Motion left the Chamber. Few of them came in.
Order, Sen. Murkomen! You are being addressed. You better listen.
Mr. Speaker, Sir, it was only after we repeatedly and vehemently condemned the Government for refusing to come and participate in such an important Motion that a few Senators started streaming in and spoke. Hon. Senators must be honest and pursue the business of the House not when and as it suits them.
What is it, Sen. Murkomen? It is a straight forward matter which I can dispose. However, let me give you just a minute.
On a point of order, Mr. Speaker, Sir. Is it in order for Sen. (Dr.) Khalwale to make assertions that are completely untrue when he knows very well that I sat on that Chair? I was the Temporary Speaker and sat through the whole Motion until it was completed. Is it in order for him to make such wanton allegations when I even gave him a chance to speak when I was presiding?
Order, Sen. (Dr.) Khalwale! Do you doubt your own presence and that of Sen. Murkomen when he presided over the Motion you are talking about?
Mr. Speaker, Sir, it is for that very reason that I find it within the province of Sen. Murkomen to be my first witness that the Jubilee side was not in this House. He is the one who gave us---
Order, Senators! First, Sen. (Dr.) Khalwale, you are completely out of order. Absence of a Member from the House does not mean that the Member is not interested in the business of the House. Hon. Members, including you, have many things to do. That is one observation. Secondly, the Motion that was brought by Sen. Orengo was in anticipation. This particular one is appreciating what transpired. In my view, those are two different Motions. Ordinarily, if the President of the USA addressed the nation through Parliament as I would have expected him to do, then we would have had a number of days to discuss it; the way we do with the Presidential Speech. So, it is perfectly in order that Sen. Murkomen has brought the Motion the way it is. He has also confirmed that he was present in the House. However, that should not take away your observation that when matters are of critical significance, then the House should be full. That is what I understand from your intervention. I believe that is what the rest of the membership has considered. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
On a point of order, Mr. Speaker, Sir. Sen. Kivuti is in the House. He is ready to give me an answer to my statement which has been outstanding for a very long time.
Order, Sen. Kembi-Gitura! I am sure that you do not want to ambush the Chair. That statement will be issued tomorrow. That order is over. We have agreed to manage time, especially with statements. What is it, Sen. Kembi-Gitura?
On a point of order, Mr. Speaker, Sir. You may allow then that the question is stood over generally. I might not be in tomorrow when that answer will be given. However, I had spoken to Sen. Kivuti. It is a very short answer. It would be very good to complete this issue, once and for all. It is a short and satisfactory answer.
Sen. Kembi-Gitura, I appreciate you. However, I declared on Tuesday last week that the last two weeks we will not bend back. We must manage within time. Talk to Sen. Kivuti to be available tomorrow. If he will not be available tomorrow, you know where to access me. Next order. Sen. Kembi-Gitura must have prayed to his gods. I will allow his statement to be issued for another reason which I will not disclose. What is it, Sen. Obure?
Mr. Speaker, Sir, I am very sorry to take you back. However, when we talked about the deceased police officer, Sen. Haji, the Chairperson of the Committee on National Security and Foreign Relations, offered subject to your direction, that the Independent Police Oversight Authority (IPOA) could go in and start conducting investigations. You missed the point and you did not give direction.
If you missed the point, I did not. I agreed with the Chairperson. There is nothing more useful I could add. That is the way you should proceed. There is also a normal one; silence betokens consent. I did not contradict the Chairperson. So, he is perfectly in order. Proceed, Sen. Kivuti. You pleaded for more time and then you disappeared. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, the answer to the question from Sen. Kembi-Gitura is a very short one. I will not take much time.
Sen. Kivuti, before you proceed, let me urge those Members who are present to remain in the House. We are still looking for others to come in because there is a lot of business to be voted on. We can dispose of it very easily. Proceed, Chairperson.
Mr. Speaker, Sir, on the update on determination of review of grants and disposition of public land reserved for Nairobi City Water and Sewerage Company, we got a very good submission from the National Land Commission (NLC). Among the items that were listed from the answer include: First, the question asked by Sen. Kembi-Gitura in respect to Nairobi Block 90/599, Parcel No.596 in Loresho Pumping Station and Water Reservoir. The answer to that question is as follows: The above referred parcel of land is carved out of Plot No.Block90/229 which is a site for Nairobi-Loresho Reservoir, a major water distribution system. The subject land is a property surveyed, but untitled. It measures approximately 1.939 hectares in land area. The said land has been the subject of illegal alienation resulting in the creation of the Parcels Block 90/596 and 90/599 after consolidation of several parcels initially excised from it. Nairobi City County has only three water supply distribution systems comprising of Ndakaini-Ngethu-Gigiri system in which Loresho-Kabete system which supplies areas west of Uhuru Highway and Kikuyu springs water distribution which supplies areas around Naivasha and Kikuyu roads. Expansion of the water distribution infrastructure is likely to be concentrated on the existing systems owing to lack of availability of suitable public land for expansion. The Loresho land which is the subject of the inquiry has 11,000 cubic metres water reservoir where water is distributed as follows: One, to Kyuna Water tower from where it gravitates to Kyuna, Loresho, Gigiri, United Nations Environment Programme (UNEP), Whispers Estates, Rosslyn, Muthaiga North and Lower Runda. Two, from the reservoir, water gravitates to Kitusuru, Spring Valley, Lower Kabete and adjoining areas. These areas have no alternative source of supply apart from the Loresho Reservoir. Pressure from urban growth and development has seen an increasinged demand for water in the areas served from the reservoir. The County Government has informed the Commission that there is a current programme of building another 11,000 cubic metres reservoir together with a pumping station facility on the said land to ensure adequate supply to the areas. 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.
Are you implying that we do not give him the opportunity to interrogate you?
Mr. Speaker, Sir, I leave that to you.
You are asking me what I cannot do. I need to be fair to both parties. Proceed, Sen. Kembi-Gitura.
Let me thank the Chairman of the Committee and his Committee for what I consider to be a job very well done and an answer that is sufficiently satisfactory. Everybody can see clearly what corruption can do. It eats away the country and a society. Land that was reserved for a water reservoir serving all those parts of the city that have been mentioned had been allocated to an individual who then sold it and then it was sold again and now some construction work is going on to benefit an individual. I want to thank the Chairman of the Committee. I also want to thank the National Land Commission (NLC) and the Department of Lands for taking up action to revoke this title. I want to believe that the construction that is already going on there will be demolished like the NLC assured me. Once it is demolished and restored back to the Nairobi City County for the purpose to which it was alienated; that is a water reservoir, it will serve that purpose. It will be a lesson for those corrupt persons in this country who believe that they can take public assets for their own personal benefit at the expense of the public. I am quite happy. I will raise this question again in a month’s time if the construction is not demolished.
Hon. Ethuro): Order, Senators. Those are four Bills which we need to dispose. I order that the Division Bell be rung.
On a point of order. Mr. Speaker, Sir.
What is it, Sen. Mutula Kilonzo Jnr.
Mr. Speaker, Sir, I have a concern on Order No.9 before we vote. The last time, you issued a Communication that there should be consultations between the stakeholders on this Bill. I am not sure whether the consultations have been done because we have not received a report. I have also checked with the Chairman and confirmed that there is another meeting going on in Naivasha over the same Bill. Could you, please, give us direction on whether or not we should move to Division on Order No.9, in view of the pending issues between the stakeholders, even a Petition pending before our Committee? There is a grey area which you should give direction on.
On a point of order, Mr. Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Sen. Murkomen, I thought you are digital. You seem to prefer the verbal one. Proceed.
Mr. Speaker, Sir, what Sen. Mutula Kilonzo Jnr. has raised has also troubled my mind. We said the reason why voting has been delayed was to facilitate consultation. However, I have one problem which is legal. The Standing Orders, the Constitution and all the other supporting laws do not give us an alternative legal framework that allows a Bill to be withdrawn before voting. It is in the Second Reading; I thought the most sensible thing for the Mover and the Committee on Labour and Social Welfare, for Sen. Madzayo, was to allow the vote to be done, it goes to Committee Stage where the amendments are done. I am saying this because there are only two options. Even if the consultations are done and we say that the Bill will not be withdrawn, there is no mechanism for that. The only stage where there is a mechanism for withdrawal is at the Committee Stage where the Bill is changed completely. At this stage, the Bill either collapses or it is passed to enable it be amended based on the consultations. There is no instrument for returning it back after it has been read at Second Time.
Order Members. There are some responsibilities which are assigned to the Chair. I thought Sen. Mutula Kilonzo Jnr. addressed himself to the Chair. Or did you address yourself to Sen. Murkomen?
I realize that before you even concluded, he was already on a point of order. That is a good intervention in the sense that the matter had been canvassed before the House. I wish to confirm to Sen. Mutula Kilonzo Jnr. and the rest of the membership that consultations took place. They agreed on some framework of considering the amendments. As Sen. Murkomen observed, amendments can only come at the Committee Stage. What we are doing in concluding Second Reading is in no way going to affect other processes that are taking place. I have promised the Mover and the Committee that we will not proceed to the next stage of the Committee of the Whole until that other process has been concluded.
Mr. Speaker, Sir, my only concern is that you have said time and again, and I have heard from tradition - I may be new but I have repeatedly sat here -You have said in a lot of your directions that the debate can only be restricted to the Second Reading. What if in the consultations, there is reason to open debate on this issue? In the Third Reading, there will be no debate. It is possible that you will limit debate when it comes to the Third Reading. Those consultations will not be useful because in the Third Reading, our work is to either vote to agree or vote to defeat, which will then not serve any purpose. I say so because in my own Committee on Legal Affairs and Human Rights, I have seen very serious legal concerns. That is why I proposing that you consider it and give a considered view because at the Third Reading, we will close the door for debate. 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.
What is it, Sen. Abdirahman?
Mr. Speaker, Sir, it is along the same line. It is true that some level of consultation was carried out at the Boma Red Court Hotel the other day. That was not sufficient enough to generate or to put together the very deep thoughts which a number of stakeholders have had on this matter. At one point, this Bill was withdrawn although it has resumed again. We have no problem voting on it today. We shall do so gladly as a team but the truth of the matter is that this House is expected to make responsive laws that will help Kenyans for posterity and for the interests of the workers of this country. This Bill has serious issues which will have been canvassed in the Second Reading. The Committee Stage may not be sufficient to address the issues that are being canvassed under the Chairmanship of Mr. Kinuthia Wamwangi of the Transition Authority and the Sub-committee which was established the other day. I am of the opinion that we are leaders and we have a leadership in this House to help the Chair who will guide us right. As for us, the people who work along with you, it is important we put across ideas which can help the Senate to effectively discharge its mandate. We had entrusted the Committee on Labour and Social Welfare to do this task, they are doing it very effectively. I remember chairing almost half of that session. The Chair of the Committee is here and given more opportunity, he will make value addition through the recommendations of that Committee. If you say we stop this today because there are certain issues that will not allow us to proceed, we are more than willing to gladly make our voice on it and it will end there.
Mr. Speaker, Sir, allow me to add my voice on this matter. The Committee on Labour and Social Welfare has considered this matter very extensively. I will borrow from Sen. Abdirahman. The Committee at one stage when we had requested the Senate Majority Leader to hold on, we had speculated that due to the very many differing views, there may be need to withdraw the Bill so that it is redrafted. There was that possibility and even now, it is there. However, we cannot reopen debate now even if we want to. The Mover has already replied. I think the only way is to go to that stage. When it goes to the Committee of the Whole, as you ruled, it should not come until that technical Committee brings its report to the Committee. If need be, there will be extensive consultations in form of a
so that we could look at this Bill extensively and see whether we could request the Mover to withdraw it for the purpose of redrafting.
Mr. Speaker, Sir, within the Committee on Legal Affairs and Human Rights, we received a Petition on this particular matter from a critical group of 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.
Let us have the last intervention from Sen. Murkomen.
Mr. Speaker, Sir, I have heard Sen. Abdirahman and I wish that he could hear me as well without being distracted by the “bullfighter” of Kakamega, Sen. ( Dr.) Khalwale. The House is faced by a new challenge which is a situation where people are saying that we need to withdraw a Bill which is now at the voting stage and we do not have the instruments of law. However, my most important concern is the fact that as a House, we have been assisting each other to ensure that no Bill is lost. If this Bill is lost today by virtue of people protesting, then the next one that will come will also be lost. This is because the ones who think that this Bill is going to be lost unfairly will also do the same to the other Bills. The point that needs to be underscored is that under the Standing Orders, at the Committee of the Whole, and I have sat as a Chairperson before, we have amended a Bill entirely, for example, the Tobacco Bill, among others. If few do not allow this Bill to go to the next stage, we will be in a quagmire; no other Bill will be introduced and no progress will be made in terms of amending the other one because of the legal challenges. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Order Senators. I do not think that these are matters that we need to canvass in the Plenary. This Bill has been on the cards for a while now. Representations were made to my office to put it in abeyance – it was not withdrawn, maybe, that is what people are confusing with – pending consultations. The Chairperson of the Committee came and requested for more time, which was given to him. The House appreciates that there are challenges in this particular matter and we convened a meeting two weeks ago where all stakeholders were brought on board. This is the framework in which the discussions are taking place. Without a framework and a foundation, what are you building your house on? I am happy to report that I was at that particular meeting and I could see the passion from the very beginning. I am reliably informed that towards the end of the meeting, they agreed on some framework. I have given my commitment and knowing how important the matter is, it is expected that these kinds of things will happen. The Committee that was formed under the Transition Authority, under the Chairmanship of the Committee on Labour and Social Welfare, agreed on some frame work which we all believe will work.That is one way to make sure that we get a Bill that is acceptable across the board. In the mean time, we are grappling with the issue of the process. The argument by Sen. Mutula Kilonzo Jnr. raises the concern as to when one is entitled to talk when they bring a Bill. The time to contribute is gone no matter what you raise now. It is reasonable that we proceed on the process that we know. We will vote on the Bill and it is your right to vote either way. I agreed that we would even do more than what we agreed on at the Boma Hotel; that even at the time of the amendments, we would still call the critical stakeholders and involve the entire House in looking at the proposed amendments before we put the final stage which is the ultimate decision making. You can accept the Bill as it is, propose amendments, change it completely or throw it out. According to me, that stage is yet to come. I hope that I am making sense. It is sensible that we proceed in the manner in which it has been proposed. We will lose nothing by doing that. You will still have an opportunity to make the necessary interventions, but we cannot keep saying that we are not ready in our Committees whenever we are just about to make certain decisions. The rule that governs committees is that if you do not bring your report within 30 days, the House should proceed. This one has taken more days and that is an understatement. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Order, Members! The Speaker gave a direction on how we will go about this. We are proceeding to Division on Orders No.8, 9, 10 and 11 in one Division, we shall vote and then I will announce the results after the vote on all the four orders.
On a point of order, Mr. Deputy Speaker, Sir. With your kind permission, the County Retirement Scheme Bill (Senate Bill No. 25 of 2014) is in the Committee on Labour and Social Welfare. I am the Chairperson of this Committee and as we speak, Governors and all the other stakeholders are in Naivasha discussing and coming up with proposals on some of the submissions on which we had a conference which was officially opened by the Speaker at the Boma Red Court Hotel. One of the proposals which were arrived at during the conference was that a sub- committee be formed. It was formed and it is now being chaired by Mr. Wamwangi who is the Chairman of the Transition Authority (TA). The Sub-Committee is currently in Naivasha dealing with the same matter. Mr. Deputy Speaker, Sir, I am of the view – with your kind permission – that this Bill be put in abeyance pending the outcome of the sub-committee that we gave 14 days to come up with a report. We shall then report to the House based on that report and see the way forward. I think that would be the best way to go about this instead of plodding through, not succeeding and then we leave it for six months. At the moment, I have in mind employees of county governments. They will suffer because up to now, they do not know where their money is being kept. It 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.
We are in the Division and when you start seeking the Floor, it defeats the purpose which is only to vote. Sen. Madzayo, barely 10 minutes ago the Speaker made a ruling on this issue and you were seated in the House. That was after a lot of canvassing. I understand the concerns that you have. The Speaker listened and I am sure he understood the concerns that the Senators, including Sen. Mutula Kilonzo Jnr. and Sen. Murkomen raised. I think it would be unfair for me to accede to your request because you are now asking me to review what the Chair ruled and be unfair not just to the Speaker’s ruling but also the membership of the House. When the Speaker left, the Division Bell was already ringing. The only business that was before the House at that moment was Division. With a lot of respect, I regret that I have to decline your request. I know you made it in good faith but I must decline. Let us now move to Division and prepare for the vote. I will put the questions separately, we will vote and then I will announce the results later.
Hon. Senators, there seems to be a discrepancy on the first Vote. The numbers are not tallying up. Either you give us time to do reconciliation or we vote again.
We vote again!
I think voting again will be the easier option. There is a problem because a Member who is not here appears to have voted. Maybe there is an electronic fault with our system. I am directing that we vote again.
On a point of order, Mr. Deputy Speaker, Sir. Could I suggest that we remove the cards for the Members who are not present?
We can only know from the printout. We have four Votes to do. Could you please log out first and then log in again?
Hon. Senators, there appears to be a problem with the electronic voting system. We shall now do it manually. We will call out the delegations.
On a point of order, Mr. Deputy Speaker, Sir. I was suggesting that in order to save on time because we have four votes before us, if you call Meru County I vote on all the four Bills. This is so that we do not take a lot of time.
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.
Does anybody have a better idea?
Hon. Members, since the electronic Voting has failed, the proposal by Sen. Murungi has a lot of merit. We used to do that before we went electronic. I am going to put a question on all the four Bills, and when you stand up to vote for your delegation – Clerks be very careful about this issue – it would be on the four Bills. I will ignore that I had put the Question and now put the Question on Order Nos.8, 9, 10 and 11.
Hon. Senators, you must either vote “Yes”, “No” or abstain.
On a point of order, Mr. Deputy Speaker, Sir.
Order, Senator. Please turn on your microphone.
Mr. Deputy Speaker, Sir, I know that Senators have agreed to finish this business as fast as possible. However I do not know whether it is possible to go ahead without tellers.
It is not possible to do that. It is mandatory that there are tellers when we vote manually. Could the leaders give us one Teller each? Are there Teller sheets? Sen. (Prof.) Kindiki, who is your Teller?
There will be four Teller sheets in each case for the voting. Are we ready? Are the Tellers ready?
Not yet, Mr. Deputy Speaker, Sir.
I thought that the Clerk-at-the-Table said that we are ready to proceed to voting? What is the problem? Okay, let us proceed to vote. Could the names of the County Delegations be called out so that we vote?
Mr. Deputy Speaker, Sir, I vote “Yes” on all except Order No.9. It is the same English.
Order, Sen. Karaba, you have voted. Sen. Karaba said that he votes “Yes” on all except Order No.9. Sen. Karaba, what is your vote on Order No.9? Is it “Yes”, “No” or “Abstention?” 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.
Let us go on. I vote “Yes” on Order No.8, “N0” or Order No.9, “Yes” on Order No.10 and “Yes” on Order No.11. That is what it means by saying all except one.
Order, Senators. The results of the Division are as follows:-
Order, Senators. The results of the Division are as follows:-
Order, Senators. The results of the Division are as follows:-
Order, Senators. The results of the Division are as follows:-
Order, hon. Senators! The next Order would have been Order Nos.12 and 13, which is Committee of the Whole. We do not have the numbers or threshold. So, I will step down Order No.12 and 13 so that we can go to Order No.14. Could you read the next order?
Proceed, Senate Majority Leader. I would like to bring to your attention that at 5.30 p.m., the House will adjourn for the Motion of Adjournment.
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, based on the guidance that you have just given, could I also seek your guidance? I am aware that a Bill that has been moved must be seconded and, at least the question put or proposed before adjournment. So, does that guide my timing as well?
It does not have to happen at the same day, neither does it have to happen continuously. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, nevertheless, I will be brief. I do not intend to take more than 15 minutes. I beg to move that the Climate Change Bill (National Assembly Bill No.1 of 2014) be read a Second Time. The Long Title of this Bill is described as an Act of Parliament to provide for a regulatory framework for enhanced response to climate change to provide for a mechanism and measures to achieve low carbon climate development and for connected purposes. This Bill is about climate change, which as we know, is a phenomenon that has affected the world’s environment in the last 50 years or so. According to the available scientific data, the challenge of climate change affects much more drastically developing, and more so, poor countries for reasons which I will explain and are contained in this Bill. Mr. Deputy Speaker, Sir, with this Bill, our country Kenya is trying to come to the realization that there is need to put in place mechanisms to ensure that the adverse effects of climate change do not wipe out the gains that we have made in the protection and preservation of our environment and in the growth of key sectors of our economy, including agriculture and land. For starters, climate change is a phenomenon which has been defined in this Bill. It is defined as change in climatic systems caused by significant changes in the concentration of greenhouse gases as a result of what one will call anthropogenic changes. It is about the permanent and long term changes in the world’s environment as a result of human activities. I am emphasizing “human activities” because scientists tell us that there are aspects of climate change that are caused by natural factors. Naturally induced climate change is not harmful. So, often, the climatic conditions of the world change as a result of natural factors. There is that change which leads to renewal and a bit of interference with the human, plant and animal life. However, what is harmful is anthropogenic climate change or climate change that has been induced by human activities. The biggest cause or contributor of human induced climate change is the emission of a certain cadre of gases into the atmosphere; the greenhouse gases. The emission of greenhouse gases into the atmosphere as a result of human activities is what causes climate change. Of these greenhouse gases, the biggest contributor to the climate change is carbon dioxide. Of course, there are other greenhouse gases. They are listed in the Bill, for example, methane which can come from certain sources, including agricultural and livestock production. Other gases are, for instance, nitrous acid, hydrofluorocarbons, perfluorocarbons, sulphur, hexafluoride, and indirect greenhouse gases. However, out of this list of seven or so gases, carbon dioxide is responsible for most of the climate change effects. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Temporary Speaker, Sir, first of all, I would like to thank the Senate Majority Leader for moving this Bill and also the initial Mover of this Bill in the National Assembly hon.(Dr.) Otichilo. This is a subject of our time. President Obama when speaking to us in Kasarani Safaricom Arena said something that is very important to us. He said we have borrowed this country and the world from the future generations, from our children and the children of our children. There is a very important principle in environmental law that is called sustainable development. It is a principle that says that we must utilize our resources in a manner that can benefit the current generation and that can also leave something for the future generation. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Dr.) Machage): Hon. Senators, it is now 5.30 p.m. and as it had been ruled earlier by the Speaker, we now have to adjourn the House for a special Motion to be moved by Sen. Murkomen.
Thank you, Mr. Temporary Speaker, Sir. I beg to move the Motion that the House do now adjourn to discuss a matter of national importance, the speech of the President of the United States of America (USA), Mr. Barack Obama and all the agreements that were achieved as a result of his trip. I stand here this evening to recognize the fact that we are very lucky as a nation, after more than 50 years of Independence, to be favoured to host a President of the USA. This is a very unique occurrence because it may not happen again in our lifetime. If it does happen, we will be twice lucky. The father of President Obama left this country for the USA. As he said it himself, at the dinner at State House, no one would have imagined that we would have an opportunity to say that a man who left this country in the mid of last Century sired a child like President Obama who would be a President of the USA and visit this country in our lifetime. Mr. Temporary Speaker, Sir, there are so many people who have been asking what the legacy of President Obama is to Kenya and Africa. If there is a legacy that has been left by the President of the USA, it is the fact that he was elected. That is enough. The hope, confidence and encouragement of the fact that the President of the USA, Mr. Obama, against all odds, was elected is enough to inspire every young child, African and Kenyan that we can achieve that which we want to achieve with proper imagination. I told my friends last week that I am so excited and that I would be more than happy to appear before President Obama, be in meetings where he was going to address and even in situations where I am unable to appear physically, I would watch on the television. This is a historical occurrence that may not repeat itself and we may have to explain to our children that something happened. That reminded me of the biblical story of a man called Joseph who was sold by his brothers to a foreign land. However, against all odds, he became a Prime Minister. He became the seed that actually assisted the children of Israel, including his own brothers, to continue living. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Dr.) Machage): Please, repeat that Sen. Murkomen.
Mr. Temporary Speaker, Sir, we must have an opportunity for a Sengwer like myself to be president. We must also have opportunity for a Kamba to be president, not because he is a Kamba, but because that person has the ideals to lead and--- -
(Sen. (Dr.) Machage): What is it, Sen. (Dr.) Khalwale?
On a point of order, Mr. Temporary Speaker, Sir. I am sorry to interrupt Sen. Murkomen, but is he in order to generalize that we must have a situation where a Kuria should become a president, without pointing out that the most deserving Kuria is Sen. (Dr.) Machage, the Temporary Speaker?
(Sen. (Dr.) Machage): Of course, he is out of order.
Thank you, Mr. Temporary Speaker, Sir. I take that with a light note. We, therefore, need to confront the issue of ethnicity. There are so many issues, but time is not enough and everybody wants to say something. It is important that it took the President of the USA for us, as a country, to appreciate that we must fight the contradictions that are in us, as leaders. We must get out of the hypocrisy of saying “X” today and saying “Y” tomorrow. It is important that the President of the USA pointed out that to us all. I do not want to mention the fact that he told the CORD leaders about their contradiction which also exists on our side. We, as leaders, must come out and be men and women who remain consistent in what we believe in. I like the fact that he insisted that we must be patriotic enough to support the Government of the day. Whether in true criticism or proper support, we must love our The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Dr.) Machage): What is it, Sen. (Dr.) Khalwale?
On a point of order, Mr. Temporary Speaker, Sir. Are you aware that the Senator is debating and reading from a newspaper?
(Sen. (Dr.) Machage): I have not noted that he is reading from a newspaper. Are you reading from a newspaper, Sen. Murkomen?
Mr. Temporary Speaker, Sir, I am reading the speech by President Obama. It does not matter whether I wrote it on a paper or not. The type of paper that the speech is contained does not matter.
(Sen. (Dr.) Machage): What is it, Sen.Omondi?
On a point of order, Mr. Temporary Speaker, Sir. This incident reminds me of a time when Sen. Murkomen said that he does not believe in information from newspapers. Therefore, reading for us from a newspaper is the same----Is he in order?
(Sen. (Dr.) Machage): Order, Sen. Omondi! I have not ruled that he is reading from a newspaper. Sen. Murkomen, is that a newspaper? Can I have a look at it?
Mr. Temporary Speaker, Sir, I am making reference to the speech by President Obama.
(Sen. (Dr.) Machage): Sen. Murkomen, I want to look at the paper.
On a point of order, Mr. Temporary Speaker, Sir. I want to confess that I have made copies of that newspaper excerpt and I have given it to my senior, the only senior counsel in the Senate, Sen. Orengo. We are quoting from what appears to be the extract of the speech of President Obama and exactly what he said. From my reading, it appears to be an accurate description of exactly what he said. It even includes applause where it was necessary.
(Sen. (Dr.) Machage): To the best of my knowledge, the hon. Senator is making reference to some written or typed manuscript. He has not mentioned any name of a newspaper into the HANSARD. Therefore, according to me, he is holding a paper that he has not declared to be a newspaper. However, I have a polite warning that newspapers are not supposed to be read in this House. What is it, Sen. (Dr.) Khalwale?
We are running out of time.
Mr. Temporary Speaker, Sir, please, hold Sen. Murkomen’s time. I thank you for that direction, but since the Chair asked that he be given a copy of the piece of paper that Sen. Murkomen was referring to, could the Chair share with the House the nature of that paper? This is because experience in the past has been that when verification is done by the Chair, he then tells the Plenary what the piece of paper is all The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Dr.) Machage): You are really impatient Sen. (Dr.) Khalwale. Let us listen to the substance of the matter. Please, proceed, Sen. Murkomen.
Mr. Temporary Speaker, Sir, we only have 45 minutes and these Members have will their turn to make their contributions. I do not want to belabour them with points of orders. From his speech, President Obama said: “I have made my strong belief clear that the future of Africa is up to Africans themselves.”
(Sen. (Dr.) Machage): Where are you quoting from?
Mr. Temporary Speaker, Sir, I am quoting from his speech which I heard at the Safaricom Stadium Kasarani. I have not read anywhere.
(Sen. (Dr.) Machage): Whereas I am giving a little latitude in respect of the President, a son of the soil, I may not swallow a bit more. Please, desist from using that document which I now declare a newspaper.
Mr. Temporary Speaker, Sir, the President addressed himself to the fact that we must believe in ourselves as a people and forget about these contradictions of today. This behaviour of our friends from the CORD going to seek for help from outsiders must cease. They heard it from President Obama himself; that solutions to the problems of Africans and Kenyans come from us. We must now forget the mentality of depending on other people. We must continue depending on our own country and knowledge.
(Sen. (Dr.) Machage): Order! You are a Member of the Speaker’s panel. It would be quite out of order to quote what was not really said by President Obama. Be careful.
On a point of order, Mr. Temporary Speaker, Sir. Is the hon. Senator in order to mislead this House by stating that the Opposition, basically CORD, has persistently been seeking help from outsiders? Could he table those facts and tell us when and where we ever went for this help? As a matter of fact, the ruling coalition is the one that engages with other governments as at this time.
Mr. Temporary Speaker, Sir, I will do so in the next sitting. I will bring the recording of the President’s speech in a compact disc (CD), saying that some people---
On a point of order, Mr. Temporary Speaker, Sir. To the best of my knowledge, all of us were in attendance and I do not remember President Obama at any one time in his speech stating that the opposition has ever sought help from them. He was addressing African governments with specific reference to the Kenyan situation which is the Jubilee coalition.
(Sen. (Dr.) Machage): Order, Sen. Ongoro! We had that argument and you sought substantiation and the Chair instructed that it should be The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Temporary Speaker, Sir, I understand why my colleagues are complaining. However, as President Obama said, democracy is about somebody always complaining about something. I beg to move and I request Sen. Orengo to second.
Mr. Temporary Speaker, Sir, I thank Sen. Murkomen for moving this Motion and you for giving me this opportunity to contribute. In order to debate this Motion as a matter of urgent national importance, I think, we should look specifically at what President Obama said. He was appealing to all of us that there are shared values that should bring us together as a nation. That for as long as we keep talking about “them” and “us” and Opposition and Government in circumstances where we need to bring about lasting change to our country, then we are doomed forever. Over the years, President Obama has been consistently saying and quoting Abraham Lincoln – I think that he is one of his mentors – that you cannot have an America which is half slave and half free. He also told us that we cannot have a Kenya where some people are enjoying the fruits of progress and development while others are not and still hope to have one country. He gave an example that you cannot have a situation where one part of the country has children who have more likelihood of living beyond a certain age compared to other areas. This is what we should focus on. Mr. Temporary Speaker, Sir, in Kenya, we are beginning to lose the moments that can make us change our country. When you hear speeches of many people these days, Wangari Maathai is often quoted even by leaders. However, when she was alive, she could not even have been made a Minister when she was in this Parliament. In fact, it was shameful that a Kenyan of that calibre could not be appointed a Cabinet Secretary (CS). When she was given the Nobel Peace Prize, the whole nation was surprised at how it came about. Ngugi wa Thiong’o is a great man in literature, but people do not know what he has contributed, except when we want to remind ourselves that we have a son like him. I am pleading with us to live by what President Obama said. Let us judge each other – like Martin Luther King said – not by the colour of our skin or our second names, but by the content of our character. That is the message that he sent us, as a nation, which is coming together. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Dr.) Machage): What language is that?
Mr. Temporary Speaker, Sir, even President Obama used a little Swahili and Greek.
I know the Standing Orders. I have just used that to drive the point home. If there is anything that I must say and continue to say, it is that, in the politics of this country, we must find a way to speak together as one country in matters of values. Even on the question of corruption, it cannot be a Jubilee affair. It should be something that can bring us together so that we find a way to resolve it. How about tribalism? We cannot begin to talk about tribalism when both coalitions are sitting on the opposite sides. However, it also begins with the Government. We will look at how appointments are done and how resources are shared. With those remarks, I beg to support. That son of Luo land who is the American President and a true American citizen should come back home again.
Mr. Temporary Speaker, Sir, I also join Sen. Murkomen and Sen. Orengo in noting and congratulating President Obama on his visit. We were almost giving up as a country of ever hosting him as a sitting President. It was quite a pleasant visit and historic that we hosted the 44th and first sitting President of America. Mr. Temporary Speaker, Sir, I hope that the spirit by which he made his speeches in different places that he went to did not go back with him in Air Force One. He tried The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
.: Mr. Temporary Speaker, Sir, I was extremely impressed by President Barack Obama in terms of the way he articulated matters concerning Kenya when, ideally, he is supposed to be a foreigner. I was extremely disappointed when I read newspapers this morning that were concentrating on what CORD was told as opposed to highlighting the three persons that Obama mentioned; the young people of this country who have done us proud. For the first time, politicians were relegated to some back banner at the Kasarani Gymnasium as President Obama spoke to the youth. He told the youth to say no to corruption, discrimination and oppression and take back their country. He was not speaking to the leaders, but the youth who were cheering and saying: “We love you”. He said that he also loves them. This address was not to any political party. He spoke to Kenyans. He spoke about the discrimination of young people in former Nyanza, Central and Rift Valley provinces. Those were not CORD areas, but part of this country. When he spoke about corruption, he was not speaking to CORD or Jubilee, but to the country. When he said that we have an opportunity to change, he was speaking to the leadership of this country. We want to tell the President that this is an opportunity to start bringing the country together and start discussing these matters that affect us. We should start sitting together and find a way out of how we can deal with corruption which has become the bone marrow, gene or part and parcel of our lives. It is the 43rd tribe of this Republic. That can only happen if the leadership of this Republic will start recognizing that even the opposition belongs to this country. I must say that I was extremely disappointed that even in receiving this great leader of this Republic, we excluded the opposition. Does it make sense to try and score little mileage for no apparent reason and yet this was an opportunity for us to market this Republic? Mr. Temporary Speaker, Sir, I do not know where the gentleman slept, but he was here for two nights. It was an opportunity for us to speak to the world and tell them that Nairobi is safe so that they can bring their investments here. What do you see in the newspaper headlines? It is about CORD and who was told what. We have forgotten that this was an opportunity to celebrate the young entrepreneurs of this Republic. We have forgotten what he told us that this is the time to leave our past behind and start forging the future. If I was given an opportunity, I would say that the speech he made should be framed and posted somewhere in the Senate so that we can always read 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.
(Sen. (Dr.) Machage): Order! At least this Senate has the HANSARD. We do recording.
Mr. Temporary Speaker, Sir, I am talking about the speech. The HANSARD of that speech should be read by other people. I can even go a step further and translate this speech into Kiswahili so that Kenyans who cannot read English can read it in Kiswahili. We need to repeat to this Republic that we must reclaim the glory of this nation that President Obama talked about; when South Korea and Kenya were in the same position at some point. That is the Republic we need. A girl in Nyanza and a girl in Central must stand up on Mt. Kilimanjaro and say that they are proud to be Kenyans. That can only happen when we look forward and forget the things that we did in the past. It is time to exorcise the ghosts of the past. This is the time to re-bond and say as in the Bible: “Behold, the old is gone and the new has come.” This is new Kenya. Thank you.
Thank you very much, Mr. Speaker, Sir, for giving me the chance to contribute in support of this Motion. History has been made. For the first time, the 44th President of America, a great nation has come to this country and was hosted by the Fourth President of Kenya. I want to comment our President for being a great host. I also want to remember Mama Sarah who gave us a great son, Baba Barack. If Mama Sarah did not care for Barrack’s father, maybe we would not have seen the 44th President of America. We owe a lot of thanks to the great grandmother who looked after the father of Barrack and took a great seed to America to get us an American President. It is good to note that this was a great moment. The Speech that he gave to this country should be studied. If you look at today’s Standard newspaper, it has carried that speech fully. It is time every Kenyan sat down, read it and understood it. He talked about corruption, unity and tribalism. He talked with a lot of caution and care because he loves this country. He has our blood. We should not take it for granted. We should take it seriously as a people to ensure that we put them into action. We are a great nation and now on the map of the world because we have produced good seed. I am a farmer and I have grade cows. We purchase very expensive seed. We are owed a lot by Americans having given them a President. We should take seriously the advice he gave us so that we are able to make this country a good place for our great grand children to live and enjoy the peace and prosperity that we so desire. Mr. Temporary Speaker, Sir, I am saying this because he also said that he will support the fight against terrorism. I want to commend our security forces for the work they put into place to make sure that everything went well. If Kenya did not host 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.
Mr. Temporary Speaker, Sir, I want to support this Motion of Adjournment. It was great for us to host the President of the United States of America. On behalf of persons with disabilities, I want to congratulate and thank the Government and the US Embassy and its staff for the well organized sitting arrangement where persons with disabilities were allowed to participate. They had all the plans put in place; ushering in and taking good care of persons with disabilities. I was so happy because the seating arrangement was perfect. We were all equal when listening to his speech. This reminds me of the words of the Bible that say: “In the eyes of God, we are all equal.” I was encouraged with his speech when he talked about supporting Kenya to overcome the challenge of terrorism. We should not fight alone, but with friends who can help us fight terrorism. With regard to corruption, he said it is not unique to Kenya. However, it has been tolerated in Kenya for a long time. He mentioned that any single shilling spent on corruption denies somebody a chance. We only talk about exchanging money as the only corruption, but we forget about other things. Right now, MCAs and governors are employing persons from one family; a wife, sister and brother. They put resources in one house while denying other households. Unequal distribution of resources makes us not to co-exist. That is what brings the difference and people fighting. Mr. Temporary Speaker, Sir, in this country, corruption has been tolerated to an extent that Kenyans fear talking about it. That is why we find that some families are very rich while others are languishing in abject poverty. If you educate your child and develop your home, but your neighbour does not take his or her child to school, whether you like it or not, he will be a problem in your life and affect your family. Your property will be at The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Temporary Speaker, Sir, President Barrack Obama is often described as the most powerful person. However, I see him as the most daring person. If you look at circumstances under which he grew up and his background, aiming to be the President of that mighty country was not a joke. This encourages our young people whom we have sent out to study and indulge. You never know, but we may produce another Prime minister or a president of another country. Mr. Temporary Speaker, Sir, the few years that hon. Obama has served as the President of the USA, the world has become different. He has been busy sorting out the mess caused by the former President of the USA, hon. Bush, in Iraq.
(Sen. (Dr.) Machage): There is really nothing to expound. That is common English and I know that you understood what he meant. Continue, Sen. (Eng.) Muriuki.
Mr. Temporary Speaker, Sir, I sent my sons out and I encourage Sen. (Prof.) Lonyangapuo to do the same. Mr. Temporary Speaker, Sir, I listened to President Obama after he signed the Iran deal. He sat in front of hundreds of media personalities asking them if they had any more questions. Finally, he walked away having answered all the questions. That means that he is a very courageous President. He does not hesitate to call media personalities to ask whatever they want him to address. He explained what he had signed with Iran. We, in Kenya, were almost giving up and imagining that, perhaps, he had forgotten that his father was from Kenya. However, things turned out to be that we were only being impatient. I was particularly proud of the speech he gave at the Moi International Sports Centre, Kasarani Stadium, where he explained to us his roots. He described his father and grandfather to an extent that nobody – especially Americans because they are sometimes confused – was left with any doubt that we have the first “Kenyan-American President” the way he put 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.
(Sen. (Dr.) Machage): Order! I will use Standing Order No.30 to extend the sitting by five minutes, so that everybody can contribute. Sen. (Dr.) Khalwale.
Mr. Temporary Speaker, Sir, I would like to thank President Obama for visiting our country and the engagement and pronouncements that he made. President Obama spoke to the issue of empowerment of women; I hope the Government was listening. As he spoke, it was a shame that one of the outstanding women in this country in terms of entrepreneurship is being persecuted by the Jubilee Government. I am talking about the proprietor of Keroche Breweries Limited, the leading woman entrepreneur. We would like the Government to let her free to do the beautiful job that she is doing. Secondly, I want to thank President Obama, who speaks very fluent English and eloquently for having chosen his English words very carefully. I thank him for having pointed out that he was engaging with a legally elected Government as opposed to a democratically elected Government. May the Government go digest and understand the difference between a legally elected Government and a democratically elected Government. I beg President Obama to listen to me, because I want to disagree with him on the issue of our forces being supported to continue staying in Somalia. Yes, the Opposition might be in the minority in claiming that our soldiers must come back home, but President Obama should bear with us because he was also in the minority when he was advocating for renewal of ties with Cuba. There are many times you are in the minority when, in fact, you are the one who is leading the country to the next level. For peace to prevail in the horn of Africa, people must embrace Somalia not by way of creating occupation forces. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Temporary Speaker, Sir, I will not spent a lot of time because time is limited. First, I would like to comment on what Sen. Mutula Kilonzo Jnr. said about President Obama’s speech. The record of the entire visit needs to be here so that we can always read it. The coming of the President of the United States of America (USA) was a blessing to us. We all know that. He did not bring or suggest any problem to us. He just came to wish that God could touch us so that we understand the problem the country has and agree to deal with it. What did we learn from his trip? I learnt that there is a lot that we can do in this country, but we are not doing it because of our weaknesses in various areas. The other point is that Kenya has a lot of potential in the world. He reminded us that if we behave in a manner that leaders are expected to, and follow the reasons why we were elected, we shall come out as responsible leaders and our country will enjoy seeing us moving around. It was important for a person such as him of that level to come and lecture Kenyans who find it difficult to listen. They cannot give up their interests for money for the sake of wisdom. This is a big problem. For Kenyans, the quest for wisdom is a problem. Once one becomes so enlightened and knowledgeable, he or she is set aside. That is how Kenyans are. The whole world has a lot of faith in Kenya. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Dr.) Machage): Order! Your time is up! We have four Members who were here before 6.20 p.m. I will allow each one of them to speak for three minutes. I will not allow the one Member who came later than that time. Proceed, Sen. M. Kajwang.
Mr. Temporary Speaker, Sir, I support this Motion. I would like to thank the President of the United States for visiting Kenya. This visit has sparked a huge political storm back in the United States of America (USA). The Americans, who did not like President Obama, are now confirming that they elected a Kenyan. They are now predicting that the next thing that he will declare is that he is a Muslim. President Obama made this visit at great political and personal cost. As Kenyans, we must be grateful and we must take the positives out of this visit. The headlines of the newspapers have been unfortunate because we have focused on what the Opposition was told or what they were not told. It is important that after the dust settles, we summon the Cabinet Secretary in charge of Industrialization and Enterprise Development so that he can quantify for us the opportunities that we got out of the Global Entrepreneurship Summit (GES). It will be important to summon the Chief Executive Officer (CEO) of the Brand Kenya, so that he can quantify for us the value that President Obama’s visit brought to this country in terms of brand value. Brand Kenya has been given very limited budget in the past to brand the nation. President Obama’s three The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Temporary Speaker, Sir, thank you for allowing me to support this Motion regarding the visit by the President of the USA, Mr. Obama. The speech which he delivered on Sunday was not only thrilling, but reminded us of many things that we should do as a country to forge ahead and be like the Americans. Going by history, the USA became independent from other forces like the British, Spanish and French in 4th July, 1776. We will continue to remember them for their Independence Day. Our Independence Day is on 12th December, 1963. Comparing the two countries, the USA has had its independence for the last 240 years while Kenya has had its independence for the last 52 years. Between the two countries, President Obama told us that even if we have been independent for 52 years, there is still a lot of hope. He was comparing us with Korea and telling us that we are a step towards Korea. Korea has been threatening us in terms of progress. This is clear indication that if we are all united like the USA flag--- I do not know whether most of you know what the USA Flag stands for. The white and red strips of the USA Flag indicate the first 13 USA states. The other stars total to the number of the states of the USA. He was trying to tell us that all the states of the USA speak one language. Development is steered by one person; President Barack Obama. Mr. Temporary Speaker, Sir, going by the history he told us of how women are important, it is also important to stand clear and say that women are truly important. 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.
(Sen. (Dr.) Machage): Hon. Sen. Karaba, your time is up! Please, proceed, Sen. Ongoro.
Thank you, Mr. Temporary Speaker, Sir. I rise to add my voice in support of and to comment on the visit by this great African man who has made a big global statement to humanity, about equality and the possibility of possibilities. I was mostly impressed by the ease with which he went about his engagements; from interacting with his family to the top Executive; from the civil society to the business entrepreneurs and top business executives, from every part of the world. He did it with such ease, candidness, boldness and honesty that was so impressive Mr. Temporary Speaker, Sir, President Obama’s knowledge of local content of what we are going through as a nation was impressive. He brought about the historical perspective, gave us recent data and a way forward. It was so impressive just listening to him. He spoke to us, as a nation, that clearing our streets of urchins and hiding them in one corner was an effort in futility. He knew about them even before he came. Therefore, sometimes, it is very good for us to just be natural, including our good or bad, with or without visitors. Mr. Temporary Speaker, Sir, President Obama used very strong words against ethnicity, corruption, inequality, lopsided development, religious intolerance and the hypocrisy of leaders. This was very impressive. However, more importantly, was his statement about the need for inclusivity. He wants us to include the youth and women in leadership. That brings us to the point where we were in the Tenth Parliament when we had a Ministry in charge of youth affairs. We can also create a Ministry that deals with women affairs. Women in this country comprise more than half of the population. We need to involve them in postions of leadership. President Obama, in his speech, appreciated the need to create space for constructive criticism through the civil society. When he gave the example of his opponents back home in the USA; stating that he has come here for his birth certificate, he laughed about it. How come here in Kenya, you are almost castigated for being in the Opposition, when the supreme law of this land recognizes and appreciates Kenya as a multiparty democracy and the Opposition? It is not a crime to be in the ruling coalition or in the Opposition. Actually, the Opposition is the breeding ground for----
(Sen. (Dr.) Machage): Hon. Sen. Ongoro, your time is up! The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Thank you, Mr. Temporary Speaker, Sir. I also rise to support the Motion for Adjournment. Kenyans learned a big lesson. For the very first time, we saw true leadership that has been born out of democracy and recognizes talent. It will take a miracle for people from minor tribes to be presidents if we go the way we are going today. Americans identified leadership because they trimmed their political parties to two or three and then people had to choose which party to belong to according to the ideals that had been planned. Today, in Kenya, we have 54 parties. Some communities will have to wait until Christ comes. Even if they have a genius of a kind, they will never become president of this country. Mr. Temporary Speaker, Sir, we need to copy America. As Parliament, let us see if we can come up with a law that will compel all of us to come up with two or three parties and forget about these others that are normally created for people to go to State House. After five years, they cease to operate. In the end, you do not know what you believe in. As young as President Obama was he became a member of the Democratic Party in USA. Americans did not look at the colour of his skin, but what was in his heart. We should go that direction. We have such talent in Kenya. I saw a man with a big heart and vision. He spoke from his heart. This Senate stands for what I saw. When we were elected in 2013, the resemblance of the best came from the counties and they are here. When a lot of frustration comes our way because of the small fights between the two Houses and interference from the Executive, let us keep the focus and aim to dismantle some of the things that stop us from being strong. For example, we need to trim our political parties, allow Kenyans to vote for them and then grow in them. With that direction, we will never have tribalism anywhere because we will now have two or three “tribes” called political parties. That is the way we should go. We have no option to do so. I have seen it in Rwanda where there are two or three parties ---
(Sen. (Dr.) Machage): Your time is up, Senator!
Thank you, Mr. Temporary Speaker, Sir, for allowing me to make a brief contribution. Let me focus on Kenyans. I take this opportunity to appreciate their behaviour during the visit of President Obama. Kenyans gave way without complaining to allow the visitor complete freedom in this country. We cleared from the streets all the venues and behaved in the best manner possible to allow the visitor to have a good stay and participate in whatever he wanted to do. The behaviour of Kenyans in those three days was exemplary and I appreciate that it contributed to the success of hosting the visitor. President Obama’s visit was actually a lifetime event. It was almost a miracle that we were going to see another Kenyan born individual being the USA President and visiting this country. This is a very exceptional case that has happened during our time. We appreciate that. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Dr.) Machage): Hon. Senators, we have come to the end of today’s business. It is a few minutes past the normal time. The House, therefore, stands adjourned until tomorrow, Wednesday 29th July, 2015, at 2.30 p.m. The Senate rose at 6.45 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.