Mr. Speaker, Sir, this afternoon, I have a petition, under the Constitution of Kenya Articles No.1, 2, 3, 42, 10, 19, 20, 21, 22, 24 25, 26, 27, 28, 29, 40, 43, 46, 47, 238 and 119 as read with Articles 93, 94 and 96. This is a petition for the protection of the people and of the economy of the Republic of Kenya from unfair and detrimental activities of the foreign controlled mobile telephony operator, Safaricom Limited. The undersigned is a citizen of the Republic of Kenya who is a taxpayer struggling to make ends meet and who has lost money to Safaricom Limited; Concerned that some activities of Safaricom Limited are detrimental to the wellbeing of the Kenyan people and of the Kenyan economy, draw the attention of the honourable Senate to the following. (1) THAT, I am a struggling poor person who was misled through a vicious media campaign by Safaricom Limited to believe that I could solve all my monetary problems and become an instant millionaire by participating in Safaricom’s lottery branded variously as Bonyeza Ushinde na Safaricom. (2) THAT, the lottery is most attractive to the struggling poor who are its main victims in their vain hope of putting all their hardships behind them by becoming instant millionaires. (3) THAT, most recently, for a period of 64 days, starting 7th August to 5th October, 2014 and, again, for another period of 60 days from 7th November, 2014 to 5th The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, pursuant to Standing Order No.226, I could allow comments, observations or clarifications in relation to the petition for not more than 30 minutes. I hope we will take less time. In the absence of comments or observations, I have reviewed the petition as presented by the Senator and note that it raises a number of important issues for consideration by the Senate. These include: 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. From the foregoing of the petition, I noticed the implication of the significance of information technology. With your indulgence, I thought that the Committee on ICT is involved as well.

Mr. Speaker, Sir, on behalf of the Legal Affairs Committee and Human Rights, I want to agree with Sen. (Prof.) Lesan. As we have always done, we can always have one Committee leading the process. However, in the process of consideration of the petition, we will definitely involve the Committee on ICT. Therefore, we should have some good working synergy like we have always done with regard to other petitions.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday, 29th July, 2015. REPORT OF THE ROADS COMMITTEE ON BENCHMARKING VISIT TO TURKEY Report of the Standing Committee on Roads and Transportation on a benchmarking visit to Turkey between 29th May and 4th June, 2015; and, REPORT OF THE ROADS COMMITTEE ON BENCHMARKING VISIT TO LAMU AND NAKURU COUNTIES The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the House today, Wednesday 29th July, 2015:- Report of the Senate Sessional Committee on County Public Accounts and Investments on the county visit to Uasin Gishu County from 21st to 22nd May, 2015. Report of the Sessional Committee on County Public Accounts and Investments on the county visit to the Taita-Taveta County from 22nd to 24th March, 2015.

On a point of order, Mr. Speaker, Sir. Through you, may I, please, request that Sen. Khalwale, the Chairperson of the County Public Accounts and Investments Committee gives us an indication of when we will get all these audited accounts because we are getting them piecemeal? We need to get a way forward on how we are going to deal with the audited accounts of counties. The report for Murang’a County Government has not yet come and I can see that the reports are coming one by one. Even as he tables them, he has not indicated how his Committee will deal with them and how the individual Senator for each county is expected to be involved as pertains to the audited accounts of their specific counties.

Mr. Speaker, Sir, it is true that I had addressed myself to the first aspect of the particular question that the Deputy Speaker is asking. I want to stand with my answer at that. I am satisfied that the Auditor-General is doing so in his power to ensure that these reports come here timeously. Mr. Speaker, Sir, as for the second aspect, we, as a Committee, have agreed that starting from today we will expeditiously deal with these accounts. We have moved away from what used to happen in the National Assembly; that is, considering all reports of all the Ministries by the Auditor-General and then tabling them in one report. I want to report to the House that we have adopted a system that will make quick returns. When a county government comes, we will deal with it hopefully within three days and, at the end of three days, we write a report for that particular county government with recommendations and bring it to this House to adopt. So, we will deal with both the executive and assemblies. Mr. Speaker, Sir, further to this, thanks to the recess that might start tomorrow, we will be working on Tuesdays, Wednesday and Thursdays, morning and afternoon. 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 beg to lay the following Paper on the Table of the Senate today, Wednesday 29th July, 2015:- Report on the assessment of security situation in Mandera County, Laikipia County and Kapedo (Border town of Turkana and Baringo Counties) conducted between 19th January and 5th February, 2015.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday 29th July, 2015:- REPORT OF IMPLEMENTATION COMMITTEE ON VISIT TO MOMBASA, KILIFI AND KWALE COUNTIES Report of the Senate Sessional Committee on Implementation on the Visit to Mombasa, Kilifi and Kwale Counties to follow up on the resolution to support the Coconut industry. REPORT OF THE IMPLEMENTATION COMMITTEE ON VISITS TO SIAYA, KISUMU, KAKAMEGA AND BUNGOMA COUNTIES Report of the Senate Sessional Committee on Implementation on its county oversight and engagement visits to Siaya, Kisumu, Kakamega and Bungoma Counties from 19th to 22nd March, 2015.

Mr. Speaker, Sir, I beg to give notices of the following Motions:- ADOPTION OF REPORT OF THE ROADS COMMITTEE ON BENCHMARKING VISIT TO TURKEY 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 beg to give notices of the following Motions:- ADOPTION OF REPORT OF THE IMPLEMENTATION COMMITTEE ON THE VISIT TO MOMBASA, KILIFI AND KWALE THAT, this House adopts the Report of the Sessional Committee on Implementation on its visit to Mombasa, Kilifi and Kwale counties to follow up on the resolution of the House to support the Coconut Industry, undertaken between 25th to 28th April, 2015, laid on the Table of the House today, Wednesday, 29th July, 2015. ADOPTION OF REPORT OF THE IMPLEMENTATION COMMITTEE ON VISITS TO SIAYA, KISUMU, KAKAMEGA AND BUNGOMA COUNTIES THAT, this House adopts the Report of the Sessional Committee on Implementation on its county oversight and engagement visits to Siaya, Kisumu, Kakamega and Bungoma counties between 19th to 22nd March, 2015, laid on the Table of the House today, Wednesday 29th July, 2015.

Mr. Speaker, Sir, I rise under Standing Order No.45(2)(b) to seek a Statement---

On a point of order, Mr. Speaker, Sir. Did you notice that we have enjoyed relative peace until the Senator for Elgeyo-Marakwet arrived? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I cannot agree more. Senator for Elgeyo-Marakwet, your presence has been noticed both by your neighbour, who was transacting some serious business and also across the divide. Please, hold your peace.

Mr. Speaker, Sir, I appreciate very much. The place was very peaceful before Sen. Murkomen walked in. Mr. Speaker, Sir, I rise under Standing Order No.45 (2)(b) to seek a Statement from the Chairman of the Standing Committee on Land and Natural Resources regarding the resumed and now ongoing property development at the junction of Loresho Ridge Road and Lower Kabete Road on both sides of the river, near the Spring Valley Police Station. In addressing the matter, the Chairman should:- (1) Explain why the Nairobi City County has allowed the development to resume on this piece of land, which is riparian, which development had been stopped by the authorities following the intervention of Prof. Wangari Maathai, the late Nobel Prize Laureate. What circumstances have changed leading to the authorization, indeed one exists, for the resumption of the development. (2) Give the name of the developer and date on which he acquired the title over the said piece of land, from whom and at what consideration. (3) Produce documents on the current ownership of the said piece of land.

Where is the Chair of the Committee? Sen. Obure, now I can understand why you wanted to follow the debate in the House.

Mr. Speaker, Sir that is a very important request relating to a matter of great and national importance, especially for the residents of Nairobi. Our Committee will raise this matter and we intend to bring our response to the statement in the first week after recess.

It is so ordered, the first Tuesday. SELECTION AND PLACEMENT OF STUDENTS TO MEDICAL TRAINING INSTITUTIONS

Mr. Speaker, Sir, I rise under Standing Order 45 (2) to seek a statement from the Standing Committee on Health regarding the selection and placement of students to medical training institutions in the country. In the Statement the Chairperson should:- (1) Explain whether the Government is aware that the Kenya Universities and Colleges Central Placement Services (KUCCPS) selected and placed students in the various medical training centres in the country. (2) Further explain whether the Government is aware that the Kenya Medical Training College (KMTC) also selected applicants and has since issued admission letters to the students selected by the college. (3) Explain the fate of the students who were selected by the KUCCPS and have no admission letters to any of the medical training colleges. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. The hon. Senator has sought a statement from a Committee of this House. However, you have not yet ruled on that matter. He moved---

Order, Senator! Resume your seat. If I had moved to another Member then you should have raised that matter. He requested to issue the second one. My understanding is that I will deal with him after he has exhausted all his business. Proceed, Senator.

Mr. Speaker, Sir, in the statement, the Chairperson should explain the following: (1) Whether the Government can give an assurance of the availability of subsidized fertilizers to tea farmers. (2) State the cost of a 50 kilogramme bag of fertilizer in each of the tea growing zones. (3) Indicate the level of Government subsidy per 50 kilogramme bag of fertilizer. (4) Explain the role of Chai Trading Company Limited in the importation, transportation and distribution of the said fertilizer, including the levies charged. (5) Whether the Government is considering waiving the cost of handling storage and other charges levied on the fertilizer so as to ease the financial burden on tea farmers.

Mr. Speaker, Sir, my concern was that the hon. Senator---

Just proceed to respond.

Mr. Speaker, Sir that is what I am doing. The hon. Senator had sought a statement on admission of students to colleges. Would it not have been in order to direct that statement to the Committee on Education rather than the Committee on Health?

Sen. Sang, where does the Kenya Medical Training College (KMTC) fall?

Committee on Heath

I have heard; it is falls under the Committee on Health.

Mr. Speaker, Sir, the reason I am raising this question is the confusion caused by the fact that the placement of students to various colleges in this country is under the Ministry of Education, Science and Technology. However, the admission of students to KMTC is under the Ministry of Health. The Acts that permit them to work are contradictory. That is why I sought some clarification.

For now, KMTC is under the Ministry of Health. Therefore, it will go to your Committee. The Vice Chairperson is in the House and should take note. 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 sought two statements. One from the Chairperson of the Committee on Agriculture, Livestock and Fisheries---

Order! I am restraining myself. Proceed, Sen. Kittony.

Mr. Speaker, Sir, yes, it would be prudent for my Committee to consider that statement and get back to this House.

It is so directed. The statement will be issued in two weeks’ time.

Mr. Speaker, Sir, most obliged.

Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries. What is it, Sen. Obure?

Mr. Speaker, Sir, with your indulgence, I wish to remind the Chairperson before he responds that the statement sought by my neighbour, the Senator for Bomet---

Order, Sen. Obure! Let the Chairperson respond. I will allow you to do what you want to do. Why are you anticipating the response from the Chairperson? Proceed, Chairperson.

Mr. Speaker, Sir, I will respond in two weeks’ time. Sen. (Prof.) Lesan sought another statement. With your permission, I do not know whether he is ready to receive it today.

We will come to that at the appropriate time. Proceed, Sen. Obure.

Mr. Speaker, Sir, the statement sought by the Senator for Bomet is important and of great interest to tea farmers all over the country. In addition to the information sought, I request the Chairperson of the Committee on Agriculture, Livestock and Fisheries to specifically respond by giving the advantage or whatever benefits being conferred to tea farmers now under the new arrangement compared to the previous one in which the Kenya Tea Development Authority (KTDA) imported fertilizer and distributed it to farmers.

I am sure that the Chairperson of the Committee on Agriculture, Livestock and Fisheries has heard Sen. Obure. Let me see which statements are listed so that we give them priority. Let us proceed with Statement (a). 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 have a statement to issue pursuant to Standing Order No.208(3) and the Second Schedule of the Senate Standing Orders. The Committee is mandated to consider all matters related to education and training. Pursuant to this provision, on Wednesday 1st July, 2015, Sen. Nabwala requested for a statement from the Chairperson of the Standing Committee on Education regarding the rampant cases of child abuse by teachers in Kenyan schools. The Senator requested responses to the following: (1) Explain whether the Cabinet Secretary of the Ministry of Education, Science and Technology is aware of the ever increasing incidents of sexual abuse and child molestation by teachers and the reasons for such escalation. (2) Provide details of such cases which have been reported to the Ministry or other agencies in the last five years, indicating the actions taken in each case. (3) Confirm that some of the cases have been settled out of court and what the Ministry has done in such instances to ensure that those involved are apprehended and disciplined accordingly. (4) Explain the measures taken by the Ministry to ensure the menace of sexual offences against students in schools is completely eradicated. I beg to reply as follows: (1) I am fully aware of the incidents of abuse and molestation of pupils and students by some of their teachers which have been reported through electronic and print media. It is unfortunate that these heinous and barbaric acts are being perpetrated by the very persons entrusted with the care of the same children they are molesting. Apparently, most if not all cases of child molestation are never reported to the Ministry directly, maybe because of the nature of the crime requiring immediate action. Most are either reported to school heads where the learners go to school, the children’s department or directly to law enforcing agencies for action. However, the Ministry has consulted with the Teachers Service Commission (TSC) on the subject matter and established that though the reports have continued to feature in the media, incidents of child molestation has shown a decline in the data collected for 2014/2015 from the numbers reported in 2013/2014. This is informed by the measures taken by the schools management, parents, guardians and law abiding citizens where the perpetrators have been reported to law enforces, arraigned in court and charged; deterring many would be perpetrators from making such moves. The Ministry, in its circulars to schools has and will continue to stress on the need for every head teacher to ensure that the learning environment is made secure and conducive for the children. Anyone found violating the rules, including the teachers, will be disciplined accordingly, including being jailed if not dismissed from the service. (2) A copy of the data compiled by the TSC, being the custodian of data provided by the schools on cases of teachers reported to have abused and molested learners for 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. Speaker, Sir, I am satisfied with the response. I am particularly impressed by the punishment which is given to the teachers who are molesting children.

Mr. Speaker, Sir, I need to comment on the answer. Personally, I am not satisfied even though I am not the one who asked the question. It is on record that the teachers are found guilty of molesting the children sexually. The Sexual Offences Act is clear. I do not see why transfers and deregistering and re-registering should be the punishment. The TSC should take the offence more seriously. They should give more serious punishment to the offenders which should work as a deterrent. Otherwise, they will be playing around with the children and endangering their lives knowing that they will be transferred or be deregistered and be registered later.

Mr. Speaker, Sir, we know very well that a crime of rape or of molesting a child is a crime whose punishment has been stipulated very clearly in the Sexual Offences Act. We either do not take the teachers to court or we decide within the education sector. When President Obama was here, one of the things he really insisted on was that we must ensure we protect young girls. It is a pity that they are molested by teachers who are supposed to protect them. The Chairman should tell us the punishment that is being meted against these teachers. Are they being investigated?

Mr. Speaker, Sir, it would be imperative to suggest that the answer that I have given was so little that the supplementary questions are covered in the answer. I stated that some teachers who were found guilty of offences in the TSC disciplinary committee were punished. With regard to the question asked by the Chief Whip, I want to say that those who were found guilty had their services terminated while the others were arrested and taken to court or given warnings. There is a process. As we said earlier, reporting of such cases is sometimes difficult in some areas because some culprits can agree not to report the matter. That makes the TSC work very difficult. However, the moment it is reported to the head or the management of the school, the management will always take the matter seriously. Once it is reported to the TSC, it has no way other than using the laws that have been made by legislators so as to make sure that such teachers are punished accordingly.

Mr. Speaker, Sir, even though the Chairman says that some teachers have been arrested, my bone of contention is, the time the teachers are being transferred 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, it will be necessary to do so. As per TSC Act, the highest punishment for a crime which is found guilty is to sack.

Order, Chairman! I think you are missing the point made by the Senators who have contributed. The Parliament of the Republic of Kenya passed the Sexual Offences Act in 2006. It specified a number of offences and the sentences that apply. The TSC should do its bit, and then ask the other arms of Government to do their bit in terms of prosecution. Is it difficult for the TSC to recommend those cases to the other arms of Government to do the necessary?

Mr. Chairman, Sir, the TSC would have done its bit. The other arms of Government enforcers will continue to do their bit. Consequently, if the same teacher is found guilty, particularly under the Children’s Act, they can be jailed for the term stipulated in the Act.

Mr. Speaker, Sir, the Chairman ought to go back again and tell us the way forward of all the cases that they are referring to. Is it being referred to the State Law so that legal action can be taken? Transferring teachers is not enough. TSC cannot wash their hands away from this crime. It is serious and fatal. Children end up losing their lives because of the bad exposure.

Give the Chairman of the Committee on Education a microphone. Proceed, Chair.

Mr. Speaker, Sir, the document I read was from the TSC itself. They have their own code of regulations which is contained in their own code.

Order, Chairman! Be relevant to the issues being sought. It is about criminal liability.

Mr. Speaker, Sir, according to the Act and the Code of Regulations; that is the highest they can go in terms of meting out punishment to teachers who molest children. However, the other arms of Government can do their bit.

Order, Chairman. I direct that you respond to the issue of all those cases that have been given disciplinary measures by the TSC which confirms that they are reliable. How many of them have been prosecuted? That bit alone is what the House is asking from you. Let us have a response to that, the first week when we resume. I had already given the Floor to the Chairman of the Committee on Health to answer Statement 2(b). 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 rise to give a statement of the Committee on Health regarding the outbreak of malaria in western Kenya. At last, we have the response from the Ministry of Health. I am sure this will make the House happy. The four counties in western Kenya are classified as malaria endemic zones, meaning that transmission of malaria occurs throughout the year. The malaria situation being experienced in the region is not an outbreak, but an upsurge of cases associated with environmental factors, including the long rains which have just ended. Below is the Ministry’s position on the specific concerns of the Senate regarding the upsurge. The Ministry together with the county governments from western region has taken the following measures to stop further spread of the disease:- (a) Anti-malaria drugs have been availed to supplement existing stock for case management in the affected population. It is known that prompt and effective management in the affected population case management is necessary to reduce the burden and transmission of malaria. (b) Over 330 Long Lasting Insecticide Nets (LLINs) have been distributed. The distribution continues. By the end of October 2015, nearly 2.8 million nets will have been distributed. This is in addition to the routine provision of bed nets at the maternal and child health outlets for under one year children and pregnant mothers. (c) Following the upsurge, the Ministry released a team of experts to provide technical assistance to both the county and sub-county teams in the affected counties in order to build and strengthen county capacity to control disease. The Ministry, in collaboration, with other partners has enhanced public health awareness campaign through print and electronic media. The awareness campaigns focus on early diagnosis and treatment of malaria in order to curb transmission, accelerate treatment and prevent death. Regarding the preventive actions taken by the Ministry to prevent outbreak of the same, in other parts of the country; strategic preventive interventions are the hallmark of malaria control. The Ministry, in collaboration with county governments and partners, has taken the following actions to prevent the spread of malaria in the country: (1) In 2015, over five million of long lasting insecticide nets have been distributed to malaria endemic and epidemic prone counties. An additional, 8.6 million will be distributed to the targeted regions which include western Kenya before the end of the year. These nets complement other routinely distributed nets to children under one year and pregnant women in maternal health child outlets in endemic counties. (2) The Ministry has distributed over 11 million doses of Artemether- Lumefantrine(AL) medicines countrywide and other medicines for the management of common malaria infections as well as 600,000 doses of Artesunate injection for the management of severe malaria. This intervention is informed by the knowledge that prompt and effective treatment of malaria reduces severe malaria, prevents death and reduces transmission significantly. 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. Murkomen?

On a point of order, Mr. Speaker, Sir. Have you realized that the Vice-Chairperson has read this statement for over 15 minutes? How long should a statement be? Can it be briefer than that?

Please, conclude Vice-Chairperson. 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, this is a Statement written by the Cabinet Secretary for Health. I will not stop reading it because it is long.

Vice-Chairperson, how many more pages do you have to go?

Mr. Speaker, Sir, I am almost concluding. However, this is a statement written by the Cabinet Secretary. It is in the interest of the country to know the situation of malaria as it was asked. Therefore, I cannot stop it.

Order, Senator! I understand you, but I have to remind you to summarize.

Mr. Speaker, Sir, the team established that each of the affected children had previously received intramuscular injection in one of the four different health facilities in the county; Akichelesit Dispensary, Ang’urai Health Centre, Moding Health Centre and St. Mary’s Chelelemu Mission Hospital, since December 2014. An assessment and management centre has been established at Akichelesit Dispensary for further assessment and regular follow up of the affected children for historical observations. It is known that a significant proportion of the people who receive post injection traumatic nerve neuritis recover from the condition. All the children have been put on appropriate rehabilitation through psycho physiotherapy in an established centre. The eight children with foot drop have benefitted from ankle foot orthosis to correct their deformities. Mr. Speaker, Sir, this Statement is signed by Mr. James. W. Macharia, Cabinet Secretary, on 28th July, 2015. Thank you, Mr. Speaker, Sir.

Order, Members! Before I allow Sen. (Dr.) Machage and other Senators to make interventions on that statement, I have a brief communication to make.

Hon. Senators, allow me to recognize the distinguished presence of Hon. Samuel arap Ngeny, who was the Deputy Speaker of the National Assembly from 1983 to 1988 in the Senate.

The distinguished former Deputy Speaker was first elected to Parliament in 1979 as the Member of Parliament for Aldai Constituency, in Nandi County. The former Deputy Speaker was an active Member of Parliament and made contribution to our nation. Due to his profound and strong belief in free, fair and transparent democratic 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 recognize the presence of the former Deputy Speaker. I would like to confirm----

Order, Sen. Murkomen! When I recognize a guest, I do it on your behalf. Therefore, you can only join me in doing it.

Mr. Speaker, Sir, I join you in confirming that during our time, as a task force on devolution and in dealing with matters of devolution, Hon. Ngeny was very instrumental in Nandi County and North Rift. He played a pivotal role in informing the issues that went into the six Bills that we drafted and the draft policy on devolution plus the report of the task force. We benefitted immensely from him. I wish that many other former Members of Parliament would continue providing guidance, leadership and support in the various counties on matters of devolution. We are very proud to have him here and glad that you elected a Senator here in the name of Sen. Sang who is very active and supportive of county issues. I also hope that Sen. Sang’s Bill on the County Hall of Fame will be passed very quickly, so that Nandi County can recognize Hon. Samuel arap Ngeny in the Nandi County Hall of Fame. Thank you, Mr. Speaker, Sir.

Sen. Murkomen, I do not think that you are doing hon. Samuel arap Ngeny a favour by recognizing him at the county. He is a national leader. Please, proceed, Sen. Sang.

Mr. Speaker, Sir, I join you in congratulating and welcoming hon. Samuel arap Ngeny to the Senate. He and I come from the same constituency. When some of us were in school, in Kapsabet Boys, the track record that he left as the Principal speaks for itself. He is one the former principals of Kapsabet Boys that mentored many young people in this Republic. Long after he exited politics, he is still one of the most influential leaders in Nandi County. He is a respected farmer and elder. This is something that we need to learn from. Mr. Speaker, Sir, looking and hearing President Obama address the African Union (AU) the other day; he mentioned something about clinging to power. Hon. Ngeny is one leader in this country who appreciates that there is a time for you to provide service to this country, make your contribution and give space to others. I am such one person who benefitted from his mentoring. I hope that we can continue having more Kenyans taking 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 is a bit dangerous for you, Sen. Sang.

Please, proceed Sen. Kittony.

Mr. Speaker, Sir, allow me to also join you in recognizing and saluting my old friend and age mate. He is a good example for the young people to see him still very energetic. I, therefore, ask the young generation like Sen. Sang, who was ably elected by hon. Ngeny to emulate and walk in his footsteps. Wafuate nyayo za wazeekama hawa .

Mr. Speaker, Sir, I also join you in recognizing and welcoming Mr. Ng’eny to the Senate. I am one of those who served with him in the National Assembly between 1983 and 1988. I confirm that he was, in fact, the Deputy Speaker and guided us extremely well with firmness and fairness. Even after retirement, I understand he has continued to be a leading light, not only in Nandi County, but also other areas in the country. I hope that many leaders who retire from Parliament will find a role in guiding this nation to greater heights of prosperity. I deeply appreciate and consider it a great privilege to have the opportunity to see Mr. Ng’eny here, strong and still visionary.

Mr. Speaker, Sir, I beg that the Vice-Chairperson of the Committee of Health listens. The Government has distributed over 11 million doses of Artemether/ Lumefantrine for the treatment of the common malaria infections. I believe we are talking of the falciparum type.

(1) Is the Government aware that resistance is developing on this medicine? Is the Government also aware that more medics are actually reverting to the older quinine for treatment of resistant cases in hospitals? (2) After examination, 21 children were recorded to have suffered signs and symptoms that I would consider inappropriate administration of an injection. To me, it seems this injection was directly administered into the sciatic nerve on 21 children and hence causing the side effects of nerve injury. Will the Government compensate these 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. Deputy Speaker, Sir, allow me to, first of all, sympathise with the children who have undergone this traumatic experience as a result of the injections that they had. These cases have only been reported in Busia County, but I believe there are other cases all over the country. This is a procedural mistake that has been made. (1) Could I ask whether there are any other cases of such errors that were committed in other counties? (2) When we went to counties, many county administrators considered everybody who wore a white court a doctor. These are some of the results emanating from the fact that we are not very strict on training of personnel that are involved. I would like to know the level of training of personnel who carry out medical treatment for persons in Busia County, particularly those who gave this injection. This is an error in the procedure that has been used. I am sure it is, probably, something that may continue unless we look at the training of the individuals.

Mr. Deputy Speaker, Sir, investigations have been established for the 21 children who were affected. Investigations show that they had been given an injection elsewhere and remedies have been taken according to the report that we have received. The Committee on Health has also planned to visit this centre and see whether it is there or not. The report indicates that the problem is environmental and not an outbreak. I am taking the report the way I have received it and it is good to do a follow up on the ground to establish what is exactly happening in this county in western Kenya.

Do I get you, Sen. Kittony? Did you say that the answer is not final and that you will visit the affected areas and then come and give another statement?

Mr. Deputy Speaker, Sir, the Committee will travel on 20th August to western Kenya to gather more information.

I am specifically interested in the areas concerned. Do I get it that you will come back with a further response to this issue?

Mr. Deputy Speaker, Sir, yes, we will report back after the visit.

Mr. Deputy Speaker, Sir, now that the Chairperson will have to give another answer to this House, I hope she will remember my first question of the doubts of efficacy of the medicines that are now used for the management of malaria in the country. Could she also enlighten this House the position of the Government on the use of DDT (dichlorodiphenyltrichloroethane) in the eradication of the mosquito vector that transmits malaria parasite?

Sen. (Dr.) Machage, as a matter of interest, are you a Member of this Committee? I am asking because you are a doctor of medicine and, therefore, you should also help to add value to the situation because the question that you have raised is of great importance. As we get a response which is now 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. Deputy Speaker, Sir, my questions are purposeful and we have actually invited the Cabinet Secretary (CS) to our Committee, for some reason. I have just given guidance on the sort of line of investigation that the Committee will take. The Committee has three doctors inclusive of Sen. (Prof.) Lesan and so we are able. We will guide our Vice Chairperson on how to solve it.

That it the reason I wanted to know.

Mr. Deputy Speaker, Sir, Sen. (Dr.) Machage is a Member of the Committee on Health. He is a qualified doctor. He has always assisted the Committee where necessary. I would like to appreciate the fact that being a doctor, he understands what we are looking for. We have invited the Cabinet Secretary (CS) to the Committee. We managed to get his response in writing after a long time. That is the much we could have done.

I appreciate that, but once a question is raised in the House, it becomes the property of the House. It does not really matter whether Sen. (Dr.) Machage is there or not. I asked that question because we have Sen. (Prof.) Lesan, Sen. (Dr.) Machage and Sen (Dr.) Kuti in that Committee and they should be able to give us a true way forward on this important national issue. That is the reason I raised the issue with Sen. (Dr.) Machage. If there is no other statement being sought then that is the end of Statement time. Let us now move on to the next order.

(Sen. (Dr.) Machage): We are in Committee of the Whole to consider Order No.8, the Public Appointments (County Assembly Approval) Bill (Senate Bill No. 20 of 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.

Thank you, Mr. Temporary Chairperson, Sir. With tremendous respect and pursuant to Standing Order No.139, I beg to move that the Committee of the Whole reports progress on its consideration of the Public Appointments (County Assembly Approval) Bill (Senate Bill No.20 of 2014) and seek leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Public Appointments (County Assembly Approval) Bill (Senate Bill No.20 of 2014) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the Senate do agree with the Committee on the said report.

seconded.

Next Order! Hon. Senators, we will prosecute the two Orders at once. We will go to Committee of the Whole for both Orders.

Sen. (Dr.) Machage): We are now in Committee of the Whole and we are doing both Order No.9 and Order No.10. We will start with Order No. 9, the Food Security Bill, (Senate Bill No.23 of 2014).

(Sen. (Dr.) Machage): I will put the Question at the end.

Mr. Temporary Chairman, Sir, are we to proceed or---

(Sen. (Dr.) Machage): Yes, we are proceeding. I am actually waiting for the Mover to move the amendment. Is that what you want to do?

Mr. Temporary Chairman, Sir, there is a small misunderstanding here, but I will proceed.

(Sen. (Dr.) Machage): What misunderstanding?

Mr. Temporary Chairman, Sir, I will proceed.

(Sen. (Dr.) Machage): So, there is no misunderstanding? You know it has gone into the HANSARD. So, we have to make sure that it is corrected. So, if there is actually no misunderstanding, you can proceed.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 5 of the Bill be amended in Sub-Clause (2) by deleting paragraph (J).

(Sen. (Dr.) Machage): What are your reasons? What we have here is indicating Clause 5 and you are talking of Clause (J). So, you are moving something else that has not been brought to my attention.

Mr. Temporary Chairman, Sir, I withdraw the statement that I had an amendment on Clause 5. I request that the amendments be read by the Mover, who is the sponsor of the Motion, Sen. Elachi. 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): Very well. Sen. Elachi.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 5 of the Bill be amended in sub-clause (2) by deleting paragraph (j). Mr. Temporary Chairman, Sir, this is a Bill that will take care of many Ministries. We already have Bills at the Ministry of Agriculture, Livestock and Fisheries that have been legislated on. We have to ensure that we do not have duplication of the same. That is why we are deleting paragraph (j).

(Sen. (Dr.) Machage): I see no intervention. Let us move on to the next Clause because we will vote at the end.

Mr. Temporary Chairman, Sir, I beg to move:- THAT Clause 6 of the Bill be amended in – (a) in sub-clause (2) by---

(Sen. (Dr.) Machage): Could you start well, please? You should say that you propose.

Mr. Temporary Chairman, Sir, I beg to move:- THAT Clause 6 of the Bill be amended in- (a) in sub-clause (2) by – (i) deleting paragraphs (c), (d) and (e) and substituting therefor the following new paragraph –

(Sen. (Dr.) Machage): You may say that you are proposing the amendment as per the Order Paper. That will save you a lot of time.

Thank you, Mr. Temporary Chairman, Sir. Mr. Temporary Chairman, Sir, I beg to move:- THAT Clause 6 of the Bill be amended in – (a) in sub-clause (2) by – (i) deleting paragraphs (c), (d) and (e) and substituting therefor the following new paragraph – (d) advise and collaborate with the relevant agencies and public entities on matters relating 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.

(Sen. (Dr.) Machage): We will put the question later. Next!

(Sen. (Dr.) Machage): I see no intervention. Next!

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 8 of the Bill be amended- (a) in sub-clause (1) by deleting the word “their” appearing immediately after the words “governments shall to” and substituting therefor the word “the”. (b) in sub-clause (2) by inserting the words “including school feeding programmes,” immediately after the words “implement programmes”. Mr. Temporary Chairman, Sir, this Clause brought issues of implementation. Therefore, as a Committee, we felt that it was important to ensure that the words “implement programmes” are put in so that when the school feeding programme is carried out, it will be very clear who is supposed to implement, be it county governments or the national Government. 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): I see no intervention. Next!

(Sen. (Dr.) Machage): I see no intervention. Next!

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 12 of the Bill be amended in sub-clause (1) by – (a) deleting paragraph (b); (b) inserting the following new paragraph immediately after paragraph (g)- (ga) identify food insecure counties and develop affirmative action measures for ensuring that food security is realized in the identified counties; and (c) inserting the words “county food security committees” immediately after the words “feedback to all” in paragraph (h). The reasons for moving this amendment is that the Clause deals with the functions of the Authority. Therefore, this is the critical part of the Bill. We felt that it was important to align it based on the functions of the Authority.

(Sen. (Dr.) Machage): I see no intervention. Next!

(Sen. (Dr.) Machage): I see no intervention. Next!

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by deleting Clause 14 and substituting therefor the following new clause- Board of the Authority 14.(1) The management of the Authority shall vest in a Board which shall consist of - (a) a chairperson appointed by the President with the approval of Parliament; 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): Next.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT, Clause 15 of the Bill be amended- (a) in paragraph (a) by deleting the word “masters” appearing immediately after the words “holds a”; 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.

(Sen. (Dr.) Machage): I see no intervention. Next!

Mr. Temporary Chairperson, Sir, I beg to move:- THAT, the Bill be amended by deleting Clause 17 and substituting therefor the following new clause- Remuneration 17. There shall be paid to the members of the Board. of such remuneration, fees or allowances as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Commission, determine. This is meant to ensure that we realign the remuneration of the Board but not just that of the chairperson alone as it was the case in the original Bill.

(Sen. (Dr.) Machage): I see no intervention. Next!

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): I see no intervention. Next!

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 23 of the Bill be amended in sub-clause (2) by – (a) deleting the word “doctorate” appearing immediately after the words “holds a” in paragraph (a) and substituting therefor the word “masters”; and (b) deleting the word “security” appearing immediately after the words “the food” paragraph (b). Mr. Temporary Chairperson, Sir, this is to ensure that the Director- General is also an ex-officio member of the management team. Therefore, this will ensure that the Director-General has no right to vote in that Board.

(Sen. (Dr.) Machage): I see no intervention. Next!

(Sen. (Dr.) Machage): I see no intervention. Next!

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 32 of the Bill be amended- (a) in sub-clause (1) by deleting paragraphs (b) and (c) and substituting therefor the following new paragraphs – (b) the county executive committee member responsible for matters relating to agriculture who shall be the secretary to the committee; (c) the county executive committee member responsible for matters relating to livestock; (ca) the county executive committee member responsible for matters relating to social services; (cb) the county commissioner or a designated representative of the commissioner; (b) in sub-clause (2) by deleting paragraph (a) and substituting therefor the following new paragraph – (a) holds a certificate of secondary education; 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): I see no intervention. Next!

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 33 of the Bill be amended– (a) in sub-clause (1) by deleting paragraph (i) and substituting therefor the following new paragraph - (i) spearhead the formation and operationalization of food and nutrition committees at the sub-county and ward levels and in schools and health centres within the county; (b) by inserting the following new sub-clause immediately after sub-clause (1) – (1A) The county food security committee shall, in the performance of its functions under subsection (1), decentralize its services to the lowest administrative unit within the county as it shall consider appropriate for the purpose of ensuring food security within the county. Mr. Temporary Chairman, Sir, this is to ensure that the functions and roles of the County Food Security Committee are in line with what it is supposed to do.

(Sen. (Dr.) Machage): I see no intervention. Next!

(Sen. (Dr.) Machage): I see no intervention. Next!

Mr. Temporary Chairman, Sir, I beg to move:- THAT Clause 35 of the Bill be amended – (a) in sub-clause (1) by inserting the words “ agriculture, livestock, meteorology” immediately after the words “disaster management”; (b) in sub-clause (3) by deleting the words “matters related to special programmes” appearing immediately after the words “responsible for” 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.

(Sen. (Dr.) Machage): I see no intervention. Next!

(Sen. (Dr.) Machage): I see no intervention. Next!

Mr. Temporary Chairperson, Sir, I beg to move:- THAT, the Bill be amended by deleting clause 37. Mr. Temporary Chairman, Sir, the reasons are that this is where the powers of the President in a situation of food emergency are. This is not a function of the counties, but it is to be dealt with at the national level. The Ministry of Agriculture, Livestock and Fisheries is responsible for that.

(Sen. (Dr.) Machage): I see no intervention. Next!

(Sen. (Dr.) Machage): I see no intervention. Next!

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 45 of the Bill be amended by deleting the words “five million” appearing immediately after the words “not exceeding” and substituting therefor the words “ten million”. Mr. Temporary Chairperson, Sir, this is to add fines that we had put earlier.

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): I see no intervention. Next!

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 46 of the Bill be amended by deleting the words “two million shillings or to imprisonment for a term of three years” appearing immediately after the words “not exceeding” and substituting therefor the words “ten million shillings or to imprisonment for a term not exceeding eight years”. Mr. Temporary Chairman, Sir, this is because of the same reason; to ensure that we have a better penalty for anybody found guilty.

(Sen. (Dr.) Machage): I see no intervention. Next!

(Sen. (Dr.) Machage): I see no intervention. Next!

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 50 of the Bill be amended by inserting the following new paragraph immediately after paragraph (g)- (h) promote public awareness on the advancement of food security. Mr. Temporary Chairman, Sir, this is to ensure that we have public participation.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 2 of the Bill be amended in the definition of the term – 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 Chairman, Sir, I beg to move that the Committee of the Whole reports progress on its consideration of the Food Security Bill (Senate Bill No.23 of 2014) and seeks leave to sit again tomorrow.

(Sen. (Dr.) Machage): We will not go into Plenary, but just move on to the next Bill. That reporting will be done tomorrow. We will now move to Order No.10 to consider the Mining Bill (National Assembly Bill No.8 of 2014). THE MINING BILL (NATIONAL ASSEMBLY BILL NO.8 OF 2014)

(Sen. (Dr.) Machage): Again, we will look at the clauses, but not go into Division, as we have just done in the former Bill. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 5 of the Bill be amended by inserting the words “and the principles of leadership and integrity set out under Chapter Six of the Constitution” immediately after the words “of the Constitution”.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 7 of the Bill be amended in subclause (2) by inserting the words “in consultation with the Mineral Rights Board” immediately after the words “in the Gazette”.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 9 of the Bill be amended by inserting the following new subclause immediately after subclause (1) – (1A) The Cabinet Secretary shall, immediately upon receipt of a report under subsection (1) issue to the person an acknowledgement in writing of the receipt of the report.

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

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 16 of the Bill be amended in subclause (3) by inserting the words “in consultation with the Mineral Rights Board” immediately after the words “Cabinet Secretary shall”. Mr. Temporary Chairperson, Sir, you will realize that in all these clauses we do not want the Cabinet Secretary to be dealing with the licenses alone, but in consultation with the Mineral Rights Board. This is repeated in several of the clauses which are being amended.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 20 of the Bill be amended by inserting the following new subclause immediately after subclause (4) – (5) A person whose land or property is damaged as a result of the exercise of the powers of the Director of Mines under subsection (1) is entitled to fair, prompt and full compensation for such damage in accordance with this Act.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 21 of the Bill be amended by inserting the following new subsections immediately after subsection (2) – (3) In exercising the powers under subsection (2), the Director or a duly authorised officer shall ensure that as little damage or inconvenience as possible is caused to the legitimate owner or lawful occupier of the land in respect of which the powers are exercised. 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 Chairman, Sir, I beg to move:- THAT, Clause 30 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclause (2) – (2) The Mineral Rights Board shall comprise of – (a) a chairperson with demonstrable knowledge and experience of the minerals and mining sector, who shall be appointed by the President; (b) the Principal Secretary responsible for matters relating to mining; (c) the Principal Secretary responsible for the National Treasury; (d) one person who shall be nominated by the Council of County Governors from amongst the Governors; (e) the Chairperson of the National Land Commission; (f) the Director of Mines who shall be the secretary to the Mineral Rights Board; (g) the Director of Geological Surveys; and (h) two persons with professional qualifications and experience in the mining industry who shall be appointed by the Cabinet Secretary. Mr. Temporary Chairman, Sir, since mining is a devolved function, the Committee felt that it is very necessary to have a representative of the Council of Governors in the board.

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 Chairman, Sir, I beg to move:- THAT, Clause 33 of the Bill be amended by deleting subclauses (7) and (8). Mr. Temporary Chairman, Sir, we are deleting subclauses (7) and (8) which must be in unison with the other amendments which we have done before, to effect the composition of the board.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 34 of the Bill be amended in subclause (4) by deleting paragraph (a).

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 37 of the Bill be amended in subclause (1) by deleting the words “A prospecting and” appearing at the beginning of the subclause. Mr. Temporary Chairperson, Sir, this is just to amend the language. There is some repetition in the beginning of the sentence.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 38 be amended in subclause (1) by deleting the word “un- alienated” appearing at the end of paragraph (b) and substituting therefor the word “unregistered”. Mr. Temporary Chairperson, Sir, the word “un-alienated” is not correct. The correct wording should be “unregistered land.” 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 Chairperson, Sir, I beg to move:- THAT, Clause 40 of the Bill be amended by deleting sub clause (1) and substituting therefor the following new sub clause – (1) The Cabinet Secretary may submit a request under section 107 of the Land Act for the compulsory acquisition of land or rights or interests in land, to vest the land or area in question, or rights or interests in such land or area, in the Government or on behalf of the Government, where the consent required under sections 36, 37or 38 is─ (a) unreasonably withheld; or (b) the Cabinet Secretary considers that withholding of consent is contrary to the national interest. The import of this amendment is that the first draft that we got from the National Assembly purported to give powers to the Cabinet Secretary for Mining to deal with compulsory land acquisition which definitely would contravene other existing laws. We had to remove that.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT, Clause 41 of the Bill be amended- in sub clause (2) by deleting the words “which recognise the uniqueness of procurement and tendering process of minerals” appearing at the end of the sub clause. The uniqueness of procurement and tendering procedures is also included in other existing laws, particularly the Procurement and Disposal Act. We had to amend this particular clause to be in tandem with other existing laws.

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 Chairperson, Sir, I beg to move:- THAT, Clause 46 of the Bill be amended in sub clause (3) by deleting the words “number of expatriates per capital investment” appearing immediately after the words “shall serve”. Mr. Temporary Chairperson, Sir, it is very important that when we limit the number of expatriates that a big miner may bring to Kenya; we had to consider how to monitor that aspect.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT Clause 47 of the Bill be amended in sub clause (1) by inserting the words “members of the community and” immediately after the words “in employment to”. We had special considerations of members of the community affected by mining. We had to define such community areas.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT Clause 49 of the Bill be amended in sub clause (2) by deleting the word “four” appearing immediately after the words “exchange within” and substituting therefor the word “three”. Mr. Temporary Chairperson, Sir, we want to reduce the number of years of the activities listed in this clause. The amount given was so much; we want to limit it to three.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT Clause 50 of the Bill be amended in paragraph (b) by inserting the words “members of the community and” immediately after the words “offered by”. 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 Chairperson, Sir, I beg to move:- THAT Clause 51 of the Bill be amended – (a) by deleting sub clause (2) and substituting therefor with the following new sub clause – (2) The Cabinet Secretary shall not unreasonably withhold consent to assign, transfer, and mortgage or trade a mineral right and shall inform an applicant of the decision within thirty days of receipt of an application to assign, transfer, mortgage or trade a mineral right. (b) By inserting the following new subsection immediately after subsection (8)– (8A) The Cabinet Secretary shall, in consultation with the Mineral Rights Board, prescribe criteria for the conditions required to be met by an applicant for an assignment, mortgage or trade in a mineral right. Mr. Temporary Chairperson, Sir, we noticed that in the Bill, the Cabinet Secretary held powers to listen to cases, adjudicate cases; and even appeals would still come to him. We did not find this to be good in law. So, we had to change that clause.

(Sen. (Dr.) Machage): I see no interventions.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT Clause 53 of the Bill be amended – (a) in sub clause (1) by inserting the words “and the Kenya Revenue Authority” immediately after the words “the Cabinet Secretary”; and (b) inserting the following new sub clause immediately after sub clause (1) – (1A) The Cabinet Secretary shall submit to the National Assembly and the Senate, an analysis of the audited annual financial statement submitted under subsection (1). 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 Chairperson, Sir, I beg to move:- THAT Clause 67 of the Bill be amended in sub clause (1) by deleting paragraph (e) and substituting therefor the following new paragraph – (e) inform and consult on an ongoing basis with the national and county government authorities and communities about the reconnaissance operations that require physical entry onto the land within their jurisdiction; Mr. Temporary Chairperson, Sir, although earlier on we looked at reconnaissance service as not a necessity to get actual land owners because reconnaissance may be too expensive, but nonetheless the Committee felt that there must be consultation with the county government authorities and communities where such reconnaissance is being done.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT Clause 77 of the Bill be amended in sub clause (2) by deleting the words “by the Cabinet Secretary” appearing at the end of the sub clause and substituting therefor the words “Regulations made under this Act”. The reason for this amendment is that we expect regulations to govern the Act. This should not be in the domicile of the Cabinet Secretary alone.

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 Chairman, Sir, I beg to Move:- THAT, Clause 106 of the Bill be amended by inserting the following new paragraph immediately after paragraph (i) – (j) such other information as the Cabinet Secretary may consider necessary. Mr. Temporary Chairman, Sir, we found that we could not list all the circumstances or all the sources of information that may reach the Cabinet Secretary. That is why we added sub-clause (j).

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 117 of the Bill be amended in subclause (5) by deleting the word “Parliament” appearing immediately after the words “submitted to” and substituting therefor the words “the National Assembly and the Senate”. Mr. Temporary Chairman, Sir, when we said that audit reports and other reports should be brought to Parliament, we wanted to distinguish that Parliament means the Senate and the National Assembly. We made sure that we repeated that whenever it appeared to avoid a situation where we have cases which we already know whereby matters are referred to the National Assembly only without reference to the Senate.

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 Chairman, Sir, I beg to move:- THAT, Clause 120 of the Bill be amended in subclause (2) by deleting the word “Parliament” appearing immediately after the words “submitted to” and substituting therefor the words “the National Assembly and the Senate”. Mr. Temporary Chairman, Sir, the reasons for this is exactly the same as that of Clause 117.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 4 of the Bill be amended – (a) by deleting the definition of the word “community” and substituting therefor the following new definition – “community” means a people living in a ward or wards within which minerals are situated and who are affected by the exploration of the minerals or mining operations with respect to the minerals; (b) by inserting the following new definition immediately after the definition of the word “corporation” – “Council of County Governors” means the Council of County Governors established under section 19 of the Intergovernmental Relations Act; (c) by deleting the definition of the word “strategic minerals” and substituting therefor the following new definition – “strategic minerals” means minerals declared as such by the Cabinet Secretary with the approval of the Cabinet and by notice in the Gazette ; Mr. Temporary Chairman, Sir, there are three reasons for this amendment. One is to define what we mean by community because it was not defined. Community could traverse beyond a county or a ward. So, we had to come up with a definition of the affected wards. Since we introduced the issue of the Council of Governors (CoG), we had to define what we mean by the CoG which is a standard definition. Finally, on the strategic minerals, we found that the definition was not befitting because it was generalized and specific only to a few minerals. We had to come up with a definition which must be gazetted after the President decides on the strategic minerals.

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.

Pursuant to Standing Order No.139, I beg to move that the Committee of the Whole reports progress of its consideration of the Mining Bill (National Assembly Bill No.8 of 2014) and seek leave to sit again tomorrow.

Madam Temporary Speaker, I beg to report that the Committee of the Whole is considering the Mining Bill (National Assembly Bill No. 8 of 2014) and seek leave to sit again tomorrow.

Madam Temporary Speaker, I beg to move the Senate do agree with the Committee on the said Report.

seconded

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.

Chair, you have to remain in the House to report progress on the Food Security Bill, (Senate Bill No. 23 of 2014) before you leave because you were the Temporary Chair. THE FOOD SECURITY BILL (SENATE BILL NO. 23 OF 2014)

Madam Temporary Speaker, I beg to report that the Committee of the Whole is considering the Food Security Bill, (Senate Bill No. 23 of 2014) and seek leave to sit again tomorrow.

Madam Temporary Speaker, I beg to move that the Senate do agree with the Committee on the said Report.

seconded

Next Order!

The last Senator to speak on this was Sen. Murkomen. He is not in the House right now, but I see a request from Sen. (Prof.) Anyang'- Nyong'o, the Senator for Kisumu County.

Thank you, Madam Temporary Speaker, for giving me the opportunity to contribute to this Bill. When Sen. Murkomen was contributing to it on Tuesday, 28th July, 2015, I was very keen to follow and add my voice to its support. Madam Temporary Speaker, climate change is one of those phenomena in the current world which must be well understood by humanity. This is because as days go by, we see that the patterns of rainfall and temperatures in our country are not as we had 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. Ong’era? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker. Did you hear the distinguished Senator for Kisumu County use the word “ Kokoto ”?

That escaped my attention. Sen. (Prof.) Anyang'- Nyong'o, did you use any such word?

Madam Temporary Speaker, yes, I did use such a word.

Senator, I also do not seem to understand the word “ kokoto ” What does it mean?

Madam Temporary Speaker, my mind is not quite ready to translate that word into English.

Do you mean ballast?

Madam Temporary Speaker, yes, ballast is the word. There is a new material called Wikipedia where I think you will find it sooner rather than later. So, I hope that the Senate will contribute to the Wikipedia vocabulary so that the word can be used officially.

Please, proceed, Senator.

Madam Temporary Speaker, extraction from nature without human beings replenishing it is tantamount to interfering with the climate. Therefore, a law like this should really deal with such issue and that is why I am linking this Bill to the other ones on mining, because we cannot really talk about climate change if we do not talk about environmental degradation and conservation. Madam Temporary Speaker, lastly, on the issue of preserving our water and forest resources, you will notice that Lake Victoria, the biggest fresh water lake in the world, has for quite some time been dying from below. When I was working with the African Academy of Sciences in the late 1980s and early 1990s where we worked closely with the International Center for Insects Physiology and Ecology (ICIPE), under the late Prof. Odhiambo, we carried out a study on the environmental degradation in Lake Victoria and it was confirmed that the great lake was dying from below. This does not just adversely affect the aquaculture in the lake but the climate as well. This is because as we know from our early Geography lessons in primary and secondary schools, rainfall is affected by evaporation from large water resources, like Lake Victoria. During the day, the vapor rises up, goes to the mountains, then when it cools, there is precipitation. However, when there is ecological change in the lake affecting both the water and aquaculture in the lake, it adversely affects the climate. Madam Temporary Speaker, we, therefore, need to have laws like this which help us preserve our water resources to the extent that environmental changes that occur in these water resources do not adversely affect the climate. The same goes for our forest resources; the flora and fauna. It has been lamented that a very small percentage of the land surface in Kenya is covered by forest. The latest figure that I got is about 10 to 12 per cent. This is very serious especially when the small percentage covered by forest resources is also being depleted very fast. It was quite tragic that when in the Coalition Government under the former Prime Minister, Hon. Raila Amollo Odinga, took the initiative to recover Mau Forest, 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.

Today, the House is very interesting because of all the Senators in attendance, 85 per cent are female Senators taking their work very seriously.

Thank you, Madam Temporary Speaker, for recognizing women Senators in this House. We rarely get such accolades and we need them more often. We assert ourselves in this House and continue to do our duties diligently as Senators. Two or three days ago while in Mombasa for our meeting with Members of County Assemblies (MCAs), my son sent me a message saying that there were hailstones in Nairobi. I told him that it was impossible. I asked him to send me a photograph of what he was talking about. On looking at it, it looked like snow. I told him that one day it will snow in Kenya and Africa. This is the impact of climatic change that we have now become aware of. It is very real. The sort of temperatures and the way the environment and seasons were formulated have completely changed. Apart from raining havoc, for example, farmers may not know the season to plant because it is not very clear when it will rain or not. It is also not clear when there is going to be a storm or flooding. I know efforts have been made towards disaster reduction because that creates a problem. Climatic change has been most vulnerable and affected the very poor. It is easy for the privileged to adjust but not the poor. Madam Temporary Speaker, I congratulate the originator of this Bill which, I think, is overdue. I know lots of efforts have been done in climate change but there has been very little coordination. In fact, when it comes to disaster risk reduction which is also related to climatic change efforts in a way, there has not been a lot of coordination; only theoretical material that has been discussed. However, when it comes to actionable plans on who should take charge of what, that has not been very clear. It is, therefore, very important that this Bill that hopes to address matters of coordination, planning and action be put in place. This Bill establishes creation of a climatic change council that is very broad and clear in terms of its mandate. Therefore, they will be able to deliver. It also sets up a climatic change directorate which is key. More important, it seeks to give climate change response measures and actions. This is critical because for as long as we do not find a way to respond, sometimes there is very little that we can do about changes especially those which become disastrous. However, the idea is to plan in advance and we are able to do so. For example, The Netherlands is surrounded by water but they have found a way to ensure that they are not submerged. They have learnt to keep the water away and keep their environment safe. Madam Temporary Speaker, the same applies to climatic change. We can actually look for ways and means. If we know, for example, as a result of climatic change we will have longer dry periods, we can then plan for that by having more irrigation initiatives and even changing planting seasons. As much as we are not God and we are unable to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I also rise to contribute to this Bill. I would like to thank hon.(Dr.) Otichilo who worked tirelessly to come up with this Bill which in essence will assist us in the area of climate change, having seen the effects that come as a result of not having this Bill or Act in place. I look at the Bill and see its objects and purposes have been stipulated in Clause 3. The Act shall be applied for the development, management, implementation and regulation of mechanisms to enhance climate change resilience and the law carbon development for the sustainable development of Kenya. There is no meaningful development if you do not pay attention to the effects of climate change. Some of the physical things that have fast tracked and brought a lot of problems with climate change particularly here in Kenya is the effects and the type of havoc that man has brought to the environment like the destruction of forests which has been a menace. Today, the forest cover in Kenya is almost nil. We have gone into devolution and we expect this to improve. It is essential that sand harvesting which has led to fights in Machakos County should be controlled. Burning of charcoal contributes to the destruction of the climate because of the gases that are released into the environment. Madam Temporary Speaker, it is important that this is looked at properly so that our people who live in the rural areas begin to know. One Member talked about public participation and people being educated on what this Bill is all about. This means that we need a body that is going to coordinate this. This is what is proposed in this Bill. For policy coordination and oversight, there is need to establish the National Climate Change Council which is indicated here. This body is going to draft policies and regulations and transmit them to the 47 counties. They should have units or directorates that are going to implement the same in the various counties. I am happy that this Bill goes further to say that by law, there is a requirement of members. It states who is required to be here. I see they have mentioned; the Cabinet Secretary for the Ministry responsible for environment and climate change affairs. This is where we also have the National Environment Management Authority which can be able to work together with this Council. In their proposal it states that a representative from the private sector should be able to sit here. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Senate Majority Chief Whip, Sen. Elachi.

Madam Temporary Speaker, I thank you for appreciating that women Senators are the ones handling the work of the Senate and ensuring that we go up to 6.30 p.m. when the House adjourns. Having said that, I thank---

On a point of order, Madam Temporary Speaker. Did you hear my neighbour praising women Senators---?

Who is your neighbour?

My neighbour is Sen. Elachi. Did you hear her praising lady Senators and forgetting that we are also here? Is she in order?

The Senate Majority Chief Whip is quite in order. Just a few minutes ago, 95 per cent of those who were in attendance in the Senate were female Senators and we took note of that. Now, it is at 90 per cent. Therefore, she is quite in order to make that observation. Proceed, Senator.

Madam Temporary Speaker, I thank the Mover of this Bill who is a Member of the National Assembly. I also thank the National Assembly for realising that this is a Bill that touches on counties. Madam Temporary Speaker, you will realise that climate change is a challenge that faces the global world. There have been many protocols, for example, the Kyoto The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker. Is it in order for Sen. Elachi to talk about the National Assembly and Parliament? She should have said the National Assembly and the Senate so that we do not give a wrong impression because she is talking about a critical point of the Bill being subjected to both Houses. I think she wanted to highlight the Senate and the National Assembly.

Sen. (Dr.) Zani, what exactly do you think is out of order in that order of reference?

Madam Temporary Speaker, was the Senator in order to allude that the National Assembly and the Senate are inclusive? I think she wanted to allude to the National Assembly and the Senate rather than the National Assembly and Parliament.

My understanding of her reference was that she meant that both Houses constitute what is referred to as Parliament. If that is what she meant, then, she is in order because the Senate and the National Assembly constitute Parliament.

Madam Temporary Speaker, I meant that the words “National Assembly” should be deleted and replaced with the word “Parliament” to ensure that both the Senate and the National Assembly receive reports. Madam Temporary Speaker, the most important thing we need to look at are functions to be performed by counties and those of the national Government. However, we must ensure that those functions are stipulated very clearly in the Bill. The issue of the Cabinet Secretary (CS) has been emphasised in the Bill, which is okay. However, we must understand climate change cuts across many Ministries. Therefore, we have to be very clear on that, or else, we will continue facing the same challenges we faced when we were looking at the Food Security Bill. We had to delete the words “the Cabinet Secretary” so that whoever will be in at that time takes charge of that department. Madam Temporary Speaker, we must understand that climate change links development and economics together. Therefore, as we discuss this Bill, we should be aware of the effects that come as a result of climate change which could affect our economy and development. As the Bill moves to the Committee on Land and Natural Resources, we hope that there will be more amendments to ensure that we do not just 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, Senator. Senate Minority Deputy Whip, Sen. Ong’era.

Thank you, Madam Temporary Speaker for giving me this opportunity to contribute to the Climate Change Bill (National Assembly Bill No.1 of 2014). From the outset, I thank you for recognising the very important work that women Senators in this House do and how they stay here up to the late hours to make our Senate better and grow so that we finish the business of the day. Madam Temporary Speaker, this Bill that has been brought to this House is very important. Climate change has been universally recognised as one of the greatest global challenges that the world is facing today. This is because it affects and creates serious threats to sustainable development in this world. Therefore, I am very happy that hon. (Dr.) Otichilo considered it proper to bring a Bill that would address policy issues, regulate climate change and create adaptation and mitigation of the effects of the climate change. Madam Temporary Speaker, as you are aware, Kenya has ratified several international conventions including the UN Framework Convention on Climate Change that was adopted in 1994 and the Kyoto Protocol in 2005. Incidentally, the United States of America that trumpets to be a democratic nation has refused to ratify these conventions---

After President Obama, who happens to be a son of Kenya was here, we keep on getting mixed up.

I was saying that incidentally, the USA which happens to be one of the greatest democracies has not seen it fit to ratify the Kyoto Protocol. However, I am happy to note that Kenya is the first African country to come up with a Bill that will regulate the effects of climate change in this country. The Bill, as many speakers have said before me, sets out policy framework that will adapt and mitigate the effects of climate change. There is a provision for a council to be set up. However, I have issues with this clause. I hope that the Mover of the Bill will look at Clause 7 which sets out the members of the council. I do not see why we have to make the President the Chairman of the council. If we do that, we will be bogging him down with technical issues. It would suffice if a CS or any other qualified Kenyan was appointed to be in charge. Madam Temporary Speaker, we will also be pleased to have criteria on how these appointments will be made, particularly, for those from the private sector, civil society 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.

It is now time for the Mover.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I beg to move. Madam Temporary Speaker, given that we do not have the requisite numbers, I request that you defer the putting of the Question, under Standing Order 54 (3). 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.

Very well. The request is in order. We shall put the Question tomorrow afternoon.

Next Order! THE COMMUNITY LAND BILL (SENATE BILL NO.38 OF 2014)

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I beg to move that the Community Land Bill (Senate Bill No.38 of 2014) be now read a Second Time. Madam Temporary Speaker, I will be very brief because it is my wish that this Bill can be seconded before 6.30 p.m. This Bill is about a very important factor of production which is land. But even more importantly, it is about a category of land that has been the subject of a lot of tension in our country, that is, community land. The Constitution that we are applying now categorizes land, in Article 61 into three categories, namely public land, private land and community land. It goes on to talk about the need for Parliament to make legislation to regulate various aspects of land. It was intended, under the Sixth Schedule of the Constitution, that four pieces of legislation touching on various aspects of land could be enacted. The other three pieces of legislation have already been enacted long time ago, namely the Land Act of 2012, the Land Registration Act of 2012 and the National Land Commission Act of 2012. The Community Land Act which was anticipated under the Constitution to be passed has not been passed. It has a deadline of 27th August and somehow we have to contend with that. But briefly put, community land is sensitive and that is why the drafters of the Constitution provided in Article 63 (4) of the Constitution that all land which was previously called Trust Land--- Community land now is what used to be called trust lands and they used to be governed by the operation of two legislations; the Trust Land Act, Cap.288 and the Local Government Act, Cap.265. So, all the land that was under the control of county councils, on behalf of communities, would now be governed by a new law. This is the law that we are discussing here today. What does it say? It talks about the National Land Commission going out to adjudicate the entire country in terms of community land – the former trust land. For avoidance of doubt, Article 63 (4) of the Constitution froze any transaction or dispossession on the former trust lands until this law is in place. Therefore, people will not alienate, dispose or transfer land which was under the trust of the county councils because they no longer exist. This Bill now transfers the mandate of trust from county councils to a shared trust between the National Land Commission and county governments in respect to the county where that land is found. So, this Bill creates a number of institutions, including community land boards. The key thing to note here is that community land will now 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.

Madam Temporary Speaker, I rise to second the Community Land Bill (Senate Bill No 38 of 2014), which, as rightfully put, is supposed to effect Article 63(5) of the constitution, which says:- “Parliament shall enact legislation to give effect to this article.” This article talks about community land. This Bill is timely. Those who come from areas which were popularly referred to as marginalised areas, know that a small chunk of land is private or public. Most of it was trust land. Sometimes, parcels of land were catergorised as group ranches. Some clever people have abused this process by buying off some community land. When this Bill is enacted, they also become rightful owners of this land. Madam Temporary Speaker, this Bill states clearly what is supposed to be done. It addresses recognition, protection, registration of community land and their rights. It lists all of them. It also talks about Community Land Management Committees that will be in place in every county, sub-counties and below. It reminds me that in my county, there is a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. (Dr.) Zani. I will interrupt you a little bit. I want to invoke the provisions of Standing Order No.30 to allow you extra time to conclude your contribution when this matter is next on the Order Paper. We will move to the next contributor before close of business.

Madam Temporary Speaker, I was saying that it is important that this adjudication be done for all the land. It is going to be an extensive exercise. The National Land Commission (NLC) will have to look into the different pieces of land and come up with the clear categories of the same land. The county councils that held the land in trust can give the responsibility to the national Government and the county governments. Looking through the whole issue of unregistered community land gives us a sense of the problems that have come about. For example, in the former Coast Province, 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.

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Wednesday, 30th July, 2015 at 2.30 p.m. The Senate rose at 6.40 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.