Mr. Speaker Sir, I stand to present a petition by the petitioners in my county for the quick resolution of the budget crisis currently obtaining in Bomet County. The undersigned citizens of Kenya, citizens of Bomet County, pursuant to Article 96 and 119 of the Constitution, draw the attention of the Senate to the following: THAT, there is currently a stalemate between Bomet County Assembly and Bomet Governor, Hon. Isaac Rutto, on the county budget of 2015/2016 Financial Year which threatens to become a major crisis if urgent action is not taken to avert it. The particulars of the budget crisis are: (1)THAT, the County Assembly passed the Bomet County Appropriation Bill 2015 on 30th June 2015 and forwarded the same for assent to the Governor who subsequently returned the Bill to the Assembly with a memorandum. (2)THAT, from our perusal of the assembly HANSARD, some members of the county assembly raised issues regarding the legality of the governor’s memorandum necessitating that the county assembly speaker gives a considered ruling on the same. (3)THAT, on 16th of July, the Speaker of the county assembly of Bomet, Hon. Geoffrey Kipng’etich, gave a ruling on the Governor’s memorandum whose effect was a finding that the memorandum was invalid and thus inadmissible for consideration by the Assembly. (4)THAT, in his ruling the Speaker observed that the Appropriation Bill is a unique Bill built on budget planning documents and resolutions of the Assembly on the budget process, and as such, thus the Governor’s memorandum to be valid, it had to address only issues related to those resolutions and budget planning documents made prior to the passage of the Appropriation 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.

I direct that the Petition be committed to the Committee on Finance, Commerce and Budget. Any Member of the Committee present?

Mr. Temporary Speaker, Sir, I confirm that I am a Member of the Committee, and I have heard you. I will communicate to the Chairman and the Vice Chair who I know is around somewhere here, when I meet them.

(Sen. Mositet)

Mr. Temporary Speaker, Sir, the mischief of the budget making process at the county level has thrown many counties into problems; examples are Makueni County; we have an issue in Migori, where the budget was actually made and discussed by Migori County Assembly and it was actually changed and delivered to the relevant places with those changes without any ratification by the Assembly. Indeed, there is need to relook at the Standing Orders and the Act that governs the budget making process so that mandatory signatories, and letters of confirmation as demanded by the Senate on this budget making vis-a-vis the National Assembly because this problem, will continue. Bomet County will not be the last.

Thank you, Mr. Temporary Speaker, Sir. I would like to welcome my colleagues after a well deserved working holiday where they were very busy working in committees. Mr., Speaker, Sir, I must congratulate, the Senator for Bomet, Sen. (Prof) Lesan, for having seen the wisdom of pursuing this route of bringing this matter to Senate. We would like Kenyans to appreciate the one institution in this country which remains professional in sorting out these kinds of disputes is the Senate. Members of the public should be encouraged to pursue this route, because those of us who have been following events in Makueni, a similar problem like what is brewing in Bomet took place in Makueni, and for all the trouble that the people took looking for signatures and blah blah blah but it has ended up back to square one.

(Sen. Mositet)

Mr. Temporary Speaker, Sir. You heard the honorable Senator talk of blah blah. What is the meaning of blah blah?

Mr. Temporary Speaker, Sir, I am glad to confirm that blah blah is not unparliamentary. However, I simply meant that it is neither here nor there. It has come with a lot of disappointments to many Kenyans, that after all that effort in Makueni, after millions of shillings were spent in that particular commission, it has come to naught. We want to encourage the public to approach the Senate because it is quite clear that the executive is too busy with 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. Mositet)

Mr. Temporary Speaker, Sir, let me also join my colleagues in welcoming everyone from recess and thank them for the good job that the Committees have been doing. Mr. Speaker, Sir, on this Petition, I thank the Senator for Bomet, because we have been alive to this issue of Bomet budget-making process and I think it is important that it came here. I just want to point out two things regarding the budget process. That any budget that is approved by the County Assembly when it is being forwarded to the Controller of Budget, it must be accompanied by a letter signed by both the Clerk to the County Assembly and the County Executive Committee (CEC) Member for finance. That is the only way the Controller of Budget accepts any budget from a county government. Nonetheless, one of the things we need to be very clear about is the amount of money provided for in the budget for the County Assembly. These amounts have been approved by this House in the County Allocation of Revenue Bill - what we were calling the limits for the County Assemblies. This is not negotiable because it is a law passed by both Houses of the Parliament of Kenya. That is one of the issues of contention which has no basis. If governors start creating their own figures, it is not acceptable. I want to encourage members that where there is a challenge regarding the budget-making process, there are very clear processes in the law on what needs to be done and how that process is conducted; so if there are any issues we want to encourage members to bring them to our attention so that we can deal with them. Thank you.

(Sen. Mositet)

(Sen. Mositet)

Mr. Temporary Speaker, Sir, I beg to lay the following Papers on the table of the Senate today, 15th Tuesday September, 2015. Report of the Auditor-General on the Financial Statement of the County Government of Turkana for the sixteen months period ended 30th June 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.

Mr. Temporary Speaker, Sir, if you noted carefully, the papers that were tabled, there is need for the Member to clarify three or four items. When he was laying the one for Marsabit and Turkana counties, he was laying financial statements for county governments. For Marsabit, it is for a year and a year means 12 months, ended 2014. For Turkana, it is 16 months period ending 2014. Why is there a disparity that it ends 12 months and another one 16 months, yet the audits for the four months of 2013 were concluded last year? The second point, for example, in Nakuru, you talk about the financial operations and not the financial statements. I want to know what the difference is. Why is one an audit on financial operations and the other one on financial statements? Lastly, in some of them, it is the financial statement of the county government and in others, for the Assembly and the Executive, they are separate. Is the government meaning both the Executive and the Assembly combined? I will imagine that it is so but you need to clarify on the two points.

(Sen. Mositet)

Mr. Temporary Speaker, Sir, I hear the distinguished Senator. In the reports where they are talking of 16 months, they are including the period that is so called the transition period when the governors came in and the whole financial year and it adds up to 16 months. There are those four months. But in those particular counties where e have a report covering 16 moths, it means that the auditor, in the interim audit reports that were tabled - the respective counties had not been reported on. So he decided to combine them and give them in one 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.

(Sen. Mositet)

Can you point to the specific ones so that I speak to them.

(Sen. Mositet)

Yes Mr. Temporary Speaker, Sir, because there is an issue of records and I come from a professional background. I would like that whatever I utter is factual.

(Sen. Mositet)

On a point of order, Mr. Temporary Deputy “Chairman”, Sir. I noticed that several reports have been submitted already. I think more than three quarters of the counties have been reported. But the report for Bomet county is not forthcoming and yet the Governor of Bomet was the Chairman of the Council of Governors. I want to say that the report for Bomet is awaited very eagerly by the residents and voters of Bomet. Since there are worries that something could be cooking in the pot for the accounts of Bomet, we really want to ask that the report for Bomet be made immediately available like all the others remaining so that we can remove the apprehension of the voters of Bomet as regards to what could be happening with this report---

On a point of order. Mr. Temporary Speaker, Sir, Sen. (Prof). Lesan has persistently referred to you as Mr. Chairman despite you being the Speaker of this session. Is he in order?

He is completely out of order. You must respect this House. 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.

My apologies Mr. Temporary Speaker, Sir. This could be as a result of the long duration we have been away from the House but I do not mean any lesser. I know you are the Speaker of the House. Secondly, should there be any findings that point to foul play or misuse of resources in the counties, we want to ask that the CPAIC refers these cases immediately to the relevant authorities that can deal with them. I am sure the office of the prosecutor is waiting to deal with some of the misuse of the country’s resources. We want this to be dealt with expeditiously so that wananchi start enjoying the benefits of the devolved systems of government. Thank you.

Thank you, Mr. Temporary Speaker, Sir. I would like to seek clarification because the Constitution is very clear that the accounts were supposed to be audited after every 12 months. Here, we have a situation where some accounts are being audited after 16 months. What is the reason for the delay in not auditing that interim period during the last financial year and what is the chance that the kind of delay that we have already seen in Bomet County and other counties will not happen, so that we also do not end up next year with some counties having two years audit pending? The Constitution is very clear on that.

Sen. Billow, you are the Chairperson of the Committee on Finance, Commerce and Budget. I believe that the Auditor-General has appeared before your Committee several times and told you the dilemma he has had. It is upon you ---

Mr. Temporary Speaker, Sir, allow me to start with the clarification sought by the Senator for Mandera County. Yes, the Constitution speaks to this; that six months after the end of every financial year, the Auditor-General should have completed the audit and the audited reports tabled in this House. The law further provides that within six months from the time the reports are tabled here, this House should have made a decision on those particular audited accounts, by either approving them with or without amendments or rejecting them. I agree with you. We have pursued this matter with the Auditor-General as a Committee and he has only found one bush in which he was hiding. He claims he does not have the human resource to audit all the 47 county governments and the national Government. Fortunately, for this House and the country, when I recently talked to the Auditor-General specifically on this one, he confirmed that he had received an additional Kshs1 billion in the current financial year to procure more human resource. I hope that now that our universities are awash with young professionals who are qualified in this area, he will bring them on board. In fact, we are merely bending backwards to accommodate the Auditor-General. Seriously, he has fallen short of the glory in the specifications set out in the Constitution of Kenya. Mr. Temporary Speaker, Sir, my second comment is on the Senator for Bomet. Briefly on the first question, you are bordering on casting aspersions on the Office of the Auditor-General. You are worried about the accounts of Bomet County; that since they were the accounts of the most “powerful” Governor who was the Chair of the Council of Governors (CoG), some monkey tricks might be played. I take this opportunity to assure the people of Bomet County, through you, that the Senate Committee on Public Accounts and Investments is not composed of robots. We are human beings who are alive and our ears are open to what is going on in the 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.

On a point of order, Mr. Temporary Speaker, Sir. The normal procedure is to go through the orders on the Order Paper. Order no. 5 just meant tabling of the Papers. No motion has been moved for us to discuss any of these Papers. Is the “tabler” of the Paper in order to put us through a debate?

I think he was just trying to answer some points of order, particularly the ones that Sen. (Prof.) Lesan had mentioned. It is not really debating.

Mr. Temporary Speaker, Sir, thank you for protecting me. The Senator for Migori, a distinguished senior doctor in this country, knows that a chair of a committee is under obligation to respond to all points of order, so long as they have been found admissible by the Chair. In conclusion, I assure the public that the answers might not come immediately but they sure will. To speak to the issue of rapid release of results and bringing them to this House, we cannot take shortcuts. The law expects that every governor must be heard on every audit query. You cannot allow the process not to be judicial and in the process end up challenged in court by the governor. So, we will go through it painstakingly. Every governor is given an opportunity to speak. If he asks for time, we will give him time. However, we have developed a little model where for every county that we finish with, we write the report immediately, table it here and once the House approves that report, action is taken. We have since completed the report of Homa Bay County, and I believe I will table it tomorrow, so that this House can debate quickly for one hour or so, since it is a short document and action to be taken. Thank you.

Sen. Leshore, do you have a Paper?

Mr. Temporary Speaker, Sir, I would like to inform the Chairman that I have not seen the Auditor-General’s report on Samburu County. I do not know how many other counties he has not laid 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.

Mr. Temporary Speaker, Sir, it is true that the Samburu County accounts have not been tabled. However, as the House will recall, before we went on recess, I confirmed to you that 35 accounts of county executives had been concluded and endorsed by the Auditor-General. I also confirmed that 34 accounts of county assemblies were also complete. Now, in the intervening period of one month or so that we have been away, this is when the reports are now coming. All I have to do is do a follow-up and indicate to you in the coming days how soon the balances of the accounts are going to be before us.

Sen. Ndiema, I think that the Chairperson has put it clearly that for those counties that have not received their reports yet, they are making every effort to submit their reports to the Auditor-General.

Mr. Temporary Speaker, Sir, my question is slightly different although it is still on the audit.

Please, proceed.

Mr. Temporary Speaker, Sir, I want the Chairperson to clarify whether special audit reports done by the Auditor-General are also submitted to him for tabling in this House. I say so because I am aware of some counties where special audit reports have been done and in one case, I have not seen the special audit report tabled here. Since we are oversighting counties, is it not in order, therefore, that any special audit report done by the Auditor-General is mandatorily laid before this House?

Mr. Temporary Speaker, Sir, it is true that amongst others, there is a special audit report that was requested for by our Committee on Public Accounts and Investments on the County Government of Trans Nzoia after the members of the public petitioned us. The procedure is that as soon as the Auditor-General is through with that special audit, he will not table it in this House because it is not this House that asked for it. We asked for a special audit as a Committee to help us report back to this House on the Petition that was tabled by the members of the public from Trans Nzoia. Therefore, as soon as that special report of audit comes to us, we will then make recommendations and conclusions as a Committee that will then be tabled in this House and if the House agrees with the Committee, it will be adopted and then action will be taken.

Sen. Kittony, you have Papers to table? DISAPPEARANCE OF TWIN BABIES AT PUMWANI MATERNITY HOSPITAL

Thank you, Mr. Temporary Speaker, Sir. I beg to lay the following report on the Table of the Senate today, 15th September, 2015. Report of the Standing Committee on Health on the Statement sought by Sen. Mugo on the circumstances that led to the disappearance of twin babies who were delivered at the Pumwani Maternity Hospital on 6th January, 2015. The Committee has deliberated and we have completed our report. I now lay it on the Table of the House. 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 wish to give notice of the following Motion:- WHEREAS Article 51 of the Constitution of Kenya protects the rights of detained persons, persons held in custody and other imprisoned persons under the law, and requires Parliament to enact legislation to provide for the humane treatment of such persons with due regard to the relevant international human rights instruments; OBSERVING that international instruments, including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the United Nations Basic Principles for the Treatment of Prisoners set standards on the treatment of persons, including the right to be treated with respect; protection from discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth of other status; AWARE of the deplorable state of correctional services throughout the country including poor living conditions in the institutions of both officers and prisoners, the poor state of sanitation and nutrition, overcrowding, lack of proper medical attention, frequent outbreak of communicable diseases and frequent reports of deaths of inmates leading to a high rate of recidivism and the inability of former inmates to reintegrate into society; APPRECIATING the urgent need to align the Prisons Act and Borstal Institutions Act with the Constitution of Kenya and the international instruments on the rights of detained persons; NOW THEREFORE, the Senate resolves to establish a Select Committee to undertake an inquiry into the policy and legislation pertaining to the treatment of detained persons as well as the state of correctional institutions in Kenya, including prisons and Borstal institutions, and to submit a Report to the Senate within three months, with recommendations on such policy and legislative interventions as may be necessary to align the existing legislation on correctional services with the Constitution of Kenya and in compliance with international standards on the rights of detained persons and such other recommendations as may be necessary; AND FURTHER that the Members of the Select Committee are- 1. Sen. Fatuma Dullo 2. Sen. (Dr.) Zipporah Kittony 3. Sen. (Dr.) Boni Khalwale 4. Sen. (Prof.) John Lonyangapuo 5. Sen. Stewart Madzayo 6. Sen. Liza Chelule 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.

Next Order!

Please, proceed, Sen. Musila. STATUS OF CASH TRANSFER PROGRAMME

Thank you, Mr. Temporary Speaker, Sir. I would like to remind the Chair and the House that as we were going on recess, there were two matters that remained pending, and the Chair ruled that after we resumed, Cabinet Secretaries responsible would come to meet the whole House and give their positions on the issues raised. One is on the issue of cash transfers, the Cabinet Secretary, Ministry of Labour Social Security and Services was to come and respond to some questions from Members. KILLINGS IN KITUI COUNTY Mr. Temporary Speaker, Sir, the second request was about the security between Mwingi and Tana River border. The Cabinet Secretary, Ministry of Interior and Coordination of National Government was to come and address the issue. I, therefore, stand on a point of order to ask that we get the dates when Cabinet Secretaries are going to appear before the Senate so that we can deal with the matters since we have now resumed. COLLAPSE OF MUMIAS SUGAR COMPANY IN KAKAMEGA COUNTY

Thank you, Mr. Temporary Speaker, Sir. Before we went on recess, I had brought to the attention of the Chair of the Committee on Legal Affairs and Human Rights - and I am glad to see that he is here - about a pending Statement on the issue of Mumias Sugar Company, sugar cane growing and the sugar cane sector. It has taken too long and this is costing me because the public at home is starting to lose confidence in me because they are not seeing action on Mumias Sugar Company and the sugar sector. Mr. Temporary Speaker, Sir, could the Chairperson be allowed to respond especially in view of the fact that I am now the subject of rebuke from sugar barons; people who looted Mumias Sugar Company and my desperate political competitors who are suggesting that “Boni Mtetezi” can be compromised with Kshs12 million. My pockets are very deep such that even if you give me Kshs1 billion for corruption, I would not take it. The things that I eat are very cheap. Therefore, I do not need that dirty wealth. 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. Musila, allow me to give time to the Chairmen of the Committee on National Security and Foreign Relations and the Committee on Labour and Social Welfare to consult regarding statements that you sought from them. As early as Thursday, they should then tell us the appropriate dates that the Cabinet Secretaries (CS) should appear in the Committee of the Whole. Regarding the second one, Sen. Wako is in. Therefore, he can respond to that.

On a point of order, Mr. Temporary Speaker, Sir. Sen. (Dr.) Khalwale has made a very important statement here on an issue of defamation by the Gutter Press of a Member of this House. Whether that is true or not, it is a subject of discussion and imagination. However, it is not sweet to the concerned Senator. Would it, therefore, be in order that a select committee from this House is established to actually investigate the activities and sponsors of Citizen’s “Ghetto Newspaper” or whatever it is called?

Sen. (Dr.) Machage, if you want a select committee to be formed, you know the process to follow. You can start it and you will be heard. Sen. Wako, you had not responded to the point of order raised regarding a statement which was supposed to be issued by your Committee.

Mr. Temporary Speaker, Sir, this is the first day we are sitting after recess. I promise that the response to the Statement will be forthcoming next week, if not this Thursday. However, I believe that the defamatory statements and actions by opponents of Sen. (Dr.) Khalwale do not emanate from the fact that a statement has not been made in this House. It emanates elsewhere. Therefore, he had better struggled at the right and appropriate place and take appropriate legal action. If he wants to take an appropriate legal action, I am a lawyer and he knows what he must do for me to take up his case before the courts of law. However, as a matter of fact, if I may inform him, since he asked the question – I think he is aware – my Committee summoned the Director of Public Prosecution (DPP) to appear before us regarding the issue. The DPP undertook to take some actions. In fact, he preferred charges on one of the directors who was removed from some statutory corporation which he sat. However, a substantive case has yet to be reported to us. I am just informing him because I know---

Sen. Wako, I thought you said that you would respond to that on Thursday or next week. It appears as if you are already answering him from whatever you are explaining. You should just stick to Thursday so that we save on time. Sen. Ntutu, do you have a point of order?

Order, Sen. (Dr.) Khalwale! STATUS OF VARIOUS PROJECTS IN NAROK COUNTY 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.

Mr. Temporary Speaker, Sir, before we went on recess, I had demanded for a statement from the Chairperson of the County Public Accounts and Investments Committee (CPAIC) concerning some constructions in Narok. I have been waiting for an answer for a very long time. The people and the contractors are still suffering. Some of them are still admitted in hospitals because of the pressure and their properties are being auctioned. When will I have the answer so that the people of Narok can be free?

Sen. (Dr.) Khalwale, as per the documents that I have, your response was due today. Could you, therefore, respond to that?

Mr. Temporary Speaker, Sir, my response was due today. However, as you know, the Chairman and the Committee can only wait to be given an answer using the internal system of how the Senate operates. Mr. Temporary Speaker, Sir, we met today at 10.00 a.m. to, among other things, look at the answer before it is read here. However, as at the time we sat, the answer had not come from the line department in Government. I have already explained that to Sen. Ntutu and asked him to be patient until tomorrow when I will tell him whether or not the Jubilee Government is interested in responding to the issues raised by the people of Narok County. If it is not, then, I will hand that particular response to you. If they provide the response, I will read it. Unlike some of the Chairmen who have certain access to departmental offices, in my case if certain officers saw me knocking at the door, they would run away.

Sen. (Dr.) Khalwale, you are completely out of order. We know that you are a very serious Chairman. At least, all Senators have access to information they want. In case you are not getting it, you can seek for it through the Chair.

Mr. Temporary Speaker, Sir, it was Speaker Humphrey Slade who said in this Chamber where we are now that the beauty of debate in the House should also be accompanied with flower and humour. We all know that all Chairmen are equal. However, because we needed flower and humour in the House, we wanted to live to the high standard set by none other than Humphrey Slade. Thank you, Mr. Temporary Speaker, Sir. I apologise if I have offended my brother from Mandera.

There are quite a number of statements which were meant to be responded to today as per the Order Paper. Chairman of the Standing Committee on Education, Sen. Karaba, do you have any? 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.

No, Mr. Temporary Speaker, Sir. I do not even see my friend Sen. (Prof.) Lonyangapuo. This Statement has just come and I am seeing it now. Therefore, I need some time.

The seeker of the Statement is also not in. Let us move to the next statement. Is the Chairperson of the Standing Committee on Health around? Where is the Chairperson of the Standing Committee on Information and Technology?

Order, Sen. Karaba! FREEZING/HANGING OF SAMSUNG ANDROID MOBILE PHONES IN KENYA

Mr. Temporary Speaker, Sir, on behalf of the Chairperson, Sen. Kagwe, whom I have now learnt that he is bereaved -, he lost his father - we have the response but the Member who requested for the Statement, Sen. Njoroge, is not in the House. I request that we defer this either to tomorrow or to a date that is convenient to the House.

It is deferred

Mr. Temporary Speaker, Sir, to which date?

It is deferred to Thursday this week.

Proceed, Sen. Haji. STATUS OF REGISTRATION AND ISSUANCE OF NATIONAL IDENTITY CARDS

Mr. Temporary Speaker, Sir, I have a Statement regarding the status of registration of persons and issuance of national identification cards (IDs). Sen. M. Kajwang requested for a statement regarding the status of registration of persons and issuance of IDs. He particularly sought to be informed on:- (1)The measures that the Government has taken to decentralize the processing and issuance of IDs to counties considering that delay in issuance of documents locks out applicants who are mainly women and youth from economic opportunities. (2) Detail per county breakdown of all the applications received, processed and issued between 1st July, 2014 and 30th June, 2015 and indicate the number of applicants rejected per county. 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 thank the Chairperson of the Committee for the detailed response and for the data that has been laid on the Table of this House. One of the questions that I sought a clarification on was the status of the new generation IDs project. I did not ask about the budgetary allocation but the status and update on this project. If we are not careful about this project, it might end up being like the Biometric Voter Registration (BVR) issue that confronted this nation prior to the last general election where Kenyans were confronted with a new technological identification solution and given very limited time to register. That disenfranchised voters from certain parts of this country. It is important that this Senate and Parliament as a whole has its fingertips on the progress of this project. 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 the point of order, Sen. Billow?

On a point of order, Mr. Temporary Speaker, Sir, I also want to seek a clarification. Well, my apologies, I was seeking a clarification. Maybe I pressed the wrong button. After a long recess, one is bound to forget the numbers.

On a point of order, Mr. Temporary Speaker, Sir. If you listened to Sen. M. Kajwang, he expressed his thinking loudly about the dangers of the late introduction of the new ID card registration machines. Would I be in order to demand that the Chair denies or accepts that, that is actually the plan of the Government to use the introduction of the new IDs as a rigging method? Confirm or deny.

Sen. (Dr.) Machage, the Chair is not the Government. You are completely out of order! The point made by Sen. M. Kajwang was very clear. The Chairman and his Committee will try to intervene and interrogate the Report so that he can get the correct answer.

On a point of order, Mr. Temporary Speaker, Sir. I thank the Chair of the Committee for the response. Unfortunately, we come from the same disadvantaged region. The issue of National Identity Cards (IDs) is a national concern. The two things that you get to hear constantly as feedback from the headquarters is that particular applicants go through some vetting process when the ID is being processed. The earliest they can get their IDs is from six to nine months. I want the Chairman to tell us whether the importance of this Statement was decentralization of issuance of IDs. If they cannot decentralize the process in bits, how fast can we reduce the other bottlenecks because there is too much delay and people are getting frustrated, students are missing university placement and people are not being recruited? Mr. Temporary Speaker, Sir, I want the Chair to tell us what the Ministry will do to reduce the waiting period, if they cannot decentralize it to one or two months. It is a nightmare if we cannot solve the decentralization bit which they have kept on telling us. Could the Chairman tell us what the Government will do to reduce the waiting period?

Mr. Temporary Speaker, Sir, I want to join my colleagues in thanking the Chairman for the elaborate Statement that he has delivered to the House. The first clarification that I wanted to seek is what Sen. Abdirahman has asked. The second is whether the Chairman is aware that there is a lot of discrimination in issuance of these IDs. In some areas, youth apply for IDs and get them within a maximum of five weeks. Areas where some of us come from are perceived to be anti-Jubilee Government and youth wait for their IDs for a whole year and six months. Is he aware that there is discrimination in the issuance of IDs? If he is, what is 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.

What Sen. Khaniri has raised is very serious. Chairman, I hope you have noted it.

Mr. Temporary Speaker, Sir, I want to thank the Chair of the Committee on National Security and Foreign Relations for the answer that he has given. I want to seek a clarification from him because these are supposed to be new generation IDs. I do not see anything new about these cards because they are not responsive to the current technology where we have reached. I would like to ask the Chair whether these cards are truly new generation in having sim cards incorporated in them so that they can carry more information which could be sought from anywhere. For example, the new generation ID cards should probably have a sim card that has a driving license (DL) number or any other licences that I have, so that I can renew them using my sim card without going through the current rigorous process. We have seen technology in many countries. We visited Estonia with a Committee of this House to look at how to register citizens of a country in the best way possible with the current technology. This new generation IDs should encompass that. Has the Chair considered this kind of registration of new generation documents?

Mr. Temporary Speaker, Sir, I want to thank the Chair and find out whether there is indeed a different set of policy for issuance of IDs in north eastern Kenya from those policies that are used in the rest of the country. I want the Chairman to clarify because if you want an ID today; the process used in north eastern Kenya, some of which are areas of Jubilee unlike what my colleagues said, you literally go there with your parents and they should demonstrate that they are your parents and their fingerprints are required. There are so many requirements which are not enforced elsewhere in this country. Could he clarify because this is causing a lot of resentment and disenfranchisement by Kenyans and people are getting to other things because of lack of IDs? Could he clarify why we have discrimination in the issuance of IDs when the Government through the Criminal Investigation Department (CID) officers, intelligent officers, chiefs and other people who sit in the vetting committees can address issues of security like in the rest of the country?

Sen. Billow, I know the Chair has heard your concerns. The north eastern part of Kenya borders with Somalia and it will be difficult for people from the other side of the boundary. So, it is good if there could be a process to make sure that we protect our Kenyan Somalis. Therefore, the Chair will have to look into that.

On a point of order, Mr. Temporary Speaker, Sir. With all due respect to the Chair, I think it would be unfair for the Speaker to give that kind of view because north eastern is in Kenya. There is no country without a border in this world yet they are examined in the same way the rest are examined and they are not discriminated against. We would not expect the Speaker of this House to allude to the fact that there should be a possibility of discriminating because people are on the border. 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. Billow, you never got me correctly. Please, note that I never said that people from north eastern are not Kenyans or they should be discriminated. I said that may be that is why the process takes long. There should be no discrimination; they should be treated just like any other Kenyans.

Mr. Temporary Speaker, Sir, I go back to the observation made by Sen. M. Kajwang, I want to---

Mr. Temporary Speaker, Sir, before the Chair responds, I had requested an intervention over the same--

Okay. I give you the Floor.

Mr. Temporary Speaker, Sir, I also want to add my voice on the issue of IDs. There is an outcry because IDs are produced with errors, either one number missing or an error in the names. Could the Chair also tell us what will happen during election time if Kenyans are locked out because there are errors in their IDs? There is carelessness in officers who are registering applicants and issuing IDs or there is a hidden agenda to sabotage and make sure that some areas do not vote or register as voters. I request the Chair to answer the House what will happen if this menace will continue. It has been identified through banks whereby Kenyans are not able to open bank accounts or benefit by borrowing loans because their IDs have errors.

Sen. Karaba, do you have a point of order or an intervention?

Mr. Temporary Speaker, Sir, it is apparent that some of the identity cards issued to citizens have not been collected from the District Commissioners’ offices. Could the Chair of the Committee find out why they have not been collected by the applicants?

Mr. Temporary Speaker, Sir, as the Chairman of this Committee responds, we should know why the issue of identity cards keeps on coming up every now and then. It is not the ideas per se which cause problems but discrimination in the issuance of identity cards where some areas feel that they have not been issued with identity cards in the same spirit as in other areas. Other areas are given identity cards with speed and in bigger numbers more than in other areas for political purposes. As we go into elections, this issue will keep on coming up. I would like to give the Chairman some ideas because this issue arose in Sierra Leone and I happened to participate in the elections as part of the United Nations (UN) Monitoring Team. Within one week, we registered 97 per cent of the people for purposes of voting through a census system. Could the Chairman consider advising the Government to use the census system where you move from house to house to make sure that every person has an identity card for purposes of elections so that we stop coming here to address the issue in piecemeal each time elections come nearer?

Mr. Temporary Speaker, Sir, I will start with the person who requested for the Statement, Sen. M. Kajwang. He wanted to know about the status and update of the new generation documents. I want to tell the House that in the next two weeks, we will give an update as requested. I am saying so because I will be out of the country for some time.

Two weeks are sufficient. Is it okay, Senator?

That is okay.

Mr. Chairman, I thought you need two weeks so that you can respond to all of them. 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 would be fine. I will respond to all of them.

There was a Statement from the Committee on Health on the selection and placement of students in medical training centres. Is Sen. Kittony here? Sen. (Prof.) Lesan and Sen. (Dr.) Machage are here and they are Members of that Committee. The Statement is here but the Senator has gone out; the Vice Chair can issue it.

Sen. (Dr.) Machage.

Mr. Temporary Speaker, Sir, I am not privy to any information on the Statement but I will endeavour to make sure that we get it. Sen. Kittony has been here but it would be very naïve for us to pick any document from a lady’s bag.

I direct that it be issued tomorrow afternoon. Sen. Abdirahman is seeking a Statement. CIRCUMSTANCES SURROUNDING THE TEACHERS’ STRIKE IN KENYA

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No.45 (2) (b) to seek a Statement from the Chairperson of the Standing Committee on Education regarding the ongoing teacher’s strike. In the Statement, the Chairperson should explain the circumstances that have led to the strike. He should also explain what the Government is doing to address the demands of teachers to remedy the situation. He should also inform the House when learning will resume in schools.

Is Sen. Karaba here? What is your point of order, Sen. Billow?

On a point of order, Mr. Temporary Speaker, Sir. Since this is a very important Statement being sought regarding education and learning in our schools, I wanted to ride on that by seeking an additional Statement regarding learning in schools in north eastern Kenya which have literally been paralyzed for the last eight months. What action is the Government taking to address the crisis of learning in Mandera, Wajir and Garissa counties which is peculiar and different from the situation that the other parts of the country are facing?

Mr. Temporary Speaker, Sir, my Chairman was out of the House when that important statement was sought and since we want to get to the bottom of that issue, I would suggest that the Chairman be made very familiar with the request so that we can deal with it.

On a point of order, Mr. Temporary Speaker, Sir. Whereas I appreciate the importance of the matter and knowing the procedures of this House, is it in order for Sen. Billow to ask a totally different Statement from what has been asked?

Since it is a Statement related to education matters, it is in order. It is Sen. Wangari who is completely out of order.

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

On a point of order, Mr. Temporary Speaker, Sir. Is Sen. Billow in order to request for a Statement touching on only two counties when the education sector in this country is in a crisis and most public schools are not running? Is he in order to select only two counties?

Mr. Temporary Speaker, Sir, while I really appreciate the importance of this question, I want to also state that Sen. Billow is completely in order to ask the question that he has asked. This is because we are all aware that while we now are talking about the rest of the country because of the delayed learning process, some parts of this country; namely, Mandera, Wajir and Garissa counties, have been suffering this consequence for almost a year, and they are part of this nation. So, I believe that he is totally in order. Could the Chairman while giving an answer on what is happening to the rest of the country, also give an appendage on what the Government is doing to correct the situation that has been obtaining in these three counties? He is totally in order.

Mr. Temporary Speaker, Sir, I apologise for not being in the House at the time my friend, Sen. Hassan, requested for the Statement. I was answering a call outside. But all the same, I will endeavour to make sure that the Statement is given in two weeks time. This matter is very weighty and there is need for more consultations.

On a point of order, Mr. Temporary Speaker, Sir. With due respect to the Chairman, this scenario has been obtaining for quite some time. Our children are out of school and we have candidates who are supposed to be preparing for examinations. The Government states that it needs two more weeks. Which further consultations do we need? The grandstanding between the two sides is not helping the Government, nation or our students. Would I be in order to compel the Chairman, who I believe has been on top of things, to give a comprehensive answer to this House, so that we know how to contain the situation? Two weeks is too long and the situation is already out of hand. Would I be in order to plead with you to compel the Chair to give us the answer today?

Mr. Temporary Speaker, Sir, I am in agreement with Sen. Ongoro. Two weeks is such a long time since it is a crisis. We are in the third term and examinations are expected to be undertaken any time soon. Two weeks is, therefore, really unacceptable.

Mr. Temporary Speaker, Sir, I am surprised that the Chairman of the Committee on Education in this august House is oblivious of the fact that we have got a national emergency. In fact, the Government ought to be the burning midnight oil to resolve the teachers’ crisis. This matter should not be left to an occasional Press statement by the Government officials. How can we leave 10 million Kenyan children to stay at home in this day and age, in a country that has a huge budget, including Kshs35 billion annually for the Constituencies Development Fund (CDF) that is being mismanaged according to the newspapers? How can the Chairman say that he needs two weeks? That is completely unacceptable. In fact, he should give us the answer tomorrow, if the Government is, in fact, concerned about the lives of 10 million children in this country.

Sen. Karaba, I direct that you bring the Statement tomorrow afternoon. Next Order! The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Mutula Kilonzo Jnr., I understand that the Bill under Order No.11 has a lot of errors.

Mr. Temporary Speaker, Sir, the schedules for two counties have been omitted from the attachment and we have agreed that the correct version be republished for First Reading. So, it should be deferred. THE COUNTY BOUNDARIES BILL (SENATE BILL NO.17 OF 2015)

I think we need requisite numbers to transact Order Nos.12, 13, 14 and 15. We will, therefore, defer them and go to the next Order.

On a point of order, Mr. Temporary Speaker, Sir. I rise to seek directions from the Chair on a matter that happened last week concerning Makueni County. Several months ago, the President, through a petition signed by 50,000 residents of Makueni County, allowed a Commission to investigate the Petition seeking for the dissolution of Makueni County Government. That report was presented to His Excellency the President with several recommendations. The Report is circulating in the print media and the recommendations that are appearing in the Press ought to come to this Senate. This is because other than the proposal or recommendation to suspend Makueni County Government, the Nyaoga Commission had 21 other recommendations which are legislative. Some are audit queries, discrepancies and many other issues that lie squarely within the mandate of the Senate under Article 96 of the Constitution. Mr. Temporary Speaker, Sir, the people of Makueni have waited for a year for a solution. The fact alone that the President, in his own wisdom, thought that the Senate should not be given that Report cannot stop this Senate from seeking for that report to be tabled in this House, not just for Makueni but the rest of the country to understand. By doing that, we can set precedent as to what should happen when there is a dispute between a county executive and a county assembly. I am pleading with you to issue directions not only to this Senate, but so that this country can benefit from a 200 page document issued by very eminent persons of this Republic, led by a very good lawyer, Mr. Mohamed Nyaoga. I seek your directions and ruling on the tabling of that Report.

Mr. Temporary Speaker, Sir, I want to add my voice to the statement by the Senator for Makueni. Indeed, Makueni has been our Achilles heel as an institution that is mandated to protect the interests of counties. Mr. Temporary Speaker, Sir, as much as the President has exercised his powers in law to determine the matter the way he did, it would be in the interest of this nation, and particularly this institution which is the custodian of the devolution, to benefit from that report. We can have an appropriate discussion on it so that we use some of its recommendations to address some of the challenges facing this country. Therefore, I want to support what the Senator for Makueni has said in this regard.

Mr. Temporary Speaker, Sir, I want to applaud Sen. Mutula Kilonzo Jnr., because Article 35 of the Constitution provides that every Kenyan has the right of access to information. All Senators must have the right of access to information as contained in the Makueni Commission Report. Therefore, it is unconstitutional for the Executive to attempt to shield that report from finding its way into this House. Mr. Temporary Speaker, Sir, Article 192 of the Constitution provides that the President may suspend a county government during an emergency or in any other any exceptional circumstances. When you read further, sub Article (2) says:- 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 also want to thank Sen. Mutula Kilonzo Jnr. for bringing this matter to this House. We may not blame the President the way he acted this time round because it is the law. If you read the County Governments Act on the way dissolution or a suspension is supposed to happen, he was not bound by the law to bring that Report here as it is right now unless we were to go for a suspension or dissolution of the county. We are the first Senate under this Constitution. Therefore, we will be doing this for posterity. Ten to 50 years down the line, we want it to be said this Senate acted in accordance with its constitutional mandate. Therefore, it is in order that we have that report here because we need to have legislative interventions. Some of these provisions like those in the County Government Act do not need a referendum to be amended. We should pick out these issues from the Nyaoga Commission. Otherwise, it will be a waste of public resources. We must use this as a benchmark for other counties. This is because it has brought out issues that many other counties have not been able to bring out. Therefore, it is in order that we have that report brought here so that we can deliberate on it and know how we can intervene in terms of policy and legislation for future generations. Thank you.

Sen. Mutula Kilonzo Jnr., you were very clear and many Senators have supported you. I will try to see whether there was any communication from the appointing authority of the Commission to the Senate. If so, the Chair will communicate to the House tomorrow afternoon. Next Order!

On a point of order, Mr. Temporary Speaker, Sir. You had pronounced that Order No.12 on the Community Land Bill (Senate Bill No.38 of 2014) be also skipped. I have read a number of concerns being raised on this issue by the Executive, the Council of Governors and even the Speaker of this august House. I thought it would be withdrawn for further consultations. That was my understanding. However, I can see it on the Order Paper and it will come up for a Division. I want your guidance on this matter; whether this Bill is still before this House for Division or whether there will be some further processes to look at this Bill. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Billow, the process of the Bill has been going on. Even if there were some talks behind the scene that it be withdrawn, it must also follow due process. So, if you wish to go that way, then the best thing is to quote the relevant Standing Orders and you request the Mover to withdraw. As of now, it will go through the process until we get a Senator who will request the Mover to withdraw it. We deferred it, but you will have time to request the Mover to withdraw it. Next Order!

Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity to move this Bill. I rise to move that The County Industrial Development Bill (Senate Bill No.7 of 2014) be read a Second time. I wish now to give an overview of the Bill. It would suffice if I draw the attention of the House to Clause No.3 of the Bill. It gives the objectives of this Bill. In my view, it summarizes what this Bill is all about. (a) Promote and facilitate industrial development in the counties. (b) To establish viable industries in the counties that add value to the produce of the counties. (c) To enhance the economies of the counties, and; (d) Create employment opportunities within the counties through industrialization. Mr. Temporary Speaker, Sir, each of the 47 counties produces one or more raw materials. The only disaster we have is that we are all virtually selling these raw materials in raw form. We are doing no value adding and even where we are doing so, it is in very little quantities. We are selling raw materials and we are losing a lot. For example, Kisii County produces a lot of bananas, but they are selling them between Kshs2 or Kshs3 per piece. When we are doing so, Italy is busy importing bananas from Venezuela and other places to make wine. Why are we not doing so in our country? This is what this Bill intends to provoke so that it can happen. Mr. Temporary Speaker, Sir, we are dealing with raw materials, the kind of situation we have, for example, a county producing a common product like potatoes, I must admit that is one of my pet subjects, but you will find that a kilogramme will cost Kshs20. However, I have been to some countries where the same potatoes are converted or used to produce starch. A kilogramme of starch from the same potatoes, for example, will cost US$5 or thereabout, which is equivalent to Kshs500 per kilogramme. If the county producing that product is the one producing starch, even if the farmers do not get all the Kshs500 because there are also traders and other people in between, instead of selling for Kshs20 it should be Kshs100. This is the aim of this Bill. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

ou will find that the core ownership of the so called owners may not be more than 30 or 40 per cent. The rest is owned by ordinary people who buy shares in it. To me, it will not matter who will start the initiative so long as private investors are accommodated. In the fund that I am suggesting, it is not only county governments who can access the funds, but even private sector people so long as they can convince the leadership in that county that what they are doing is worthwhile. Mr. Temporary Speaker, Sir, I urge the House to pass the Bill. I will be more than willing to bend over backwards, if need be, to accommodate the amendments which will be introduced at the Committee Stage, to pass the Bill. If there are any of those accommodations which leave the main principle intact, I will be more than willing that we go ahead and do the amendments that we can. However, for heaven’s sake, let us assist our people to do value addition to their products. 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. After such an eloquent and elaborate contribution by the Mover, I was tempted to simply bow and sit down, but allow me to say a few things. I remember when I was in kindergarten there were many attempts this country went through trying to industrialise. All of us here can remember the Nyayo Pioneer Car and many other attempts. However, we have always gotten it wrong because of the approach. This country cannot develop in any manner if we remain a consumer economy. All you need to do is to station yourself in one of our airports just for one day and see what Kenyans carry coming back into the country. They are heavy laden with all manner of goods from abroad. On the other hand, when foreigners are leaving our country, they carry small bags containing curving of an elephant or a lion. So, we are really just a consumer economy. This is the most lethal kind of poverty. It has a way of creating a vicious circle of a consumer mentality that makes us to just keep consuming and importing. It is a pity that we export our raw materials at almost one per cent of the price of whatever we import back. Mr. Temporary Speaker, Sir, the Mover has already given us statistics. I will not belabour on them. The fun of consuming tea labeled English tea has always really annoyed me. It is simply Kenyan tea which is exported to England, repackaged, exported all over the world, and sold to us at a hundred times more the price of our own tea. This is because over the years, we have not laid a lot of emphasis and resources into attempting to turn this economy into an industrialized economy. Mr. Temporary Speaker, Sir, Clause 3 is on the objectives and intent of this Bill. It talks about promoting and facilitating industrial development in our counties. Now that the attempt to have a national approach has failed over the years, this synthesized approach is the best because it goes further to promote and facilitate industrial development in the counties. It goes further to decentralize this approach, not just at the county level, but also at the constituency and ward level. It is very interesting. This is a winning approach because I believe that every county in this nation has raw material. If we properly managed our resources and did the necessary research, every county would have something to export. The fallacy of selling or exporting our raw materials almost for free and then importing the finished product of the same, at almost a hundred times more, cannot help our economy to flourish. This is actually turning this nation into a beggar nation. 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 Senator! You do not allow Members to contribute. It is the Chair who does so.

Thank you, Mr. Temporary Speaker, Sir. I rise to support this Bill. I would also like to sincerely thank the Senator for Nyandarua County, Sen. (Eng) Muriuki for coming up with this Bill. Further, I would like to congratulate him because this is not the first time that he is coming up with a very useful Bill that is brilliant and visionary. I am aware he was involved with the design and presentation of the CDF Act which brought tremendous changes in the development of our country, particularly our counties. I believe this is such a Bill that will, probably, do the same thing in the years to come. I congratulate Sen. (Eng.) Muriuki for coming up with this Bill which I support. I urge my colleagues to critically analyse this Bill and support it. This country will be an industrialized nation as envisaged in Vision 2030. At the moment, what is lacking is the roadmap towards attaining industrial development as envisaged in Vision 2030. This Bill will provide that roadmap for us to be an industrialized nation by the year 2030 and beyond. This Bill is timely. We, as a country, have moved from the production of 1,300 megawatts to about 3,000 megawatts. I am sure that in the next two or three years, we will attain 5,000 megawatts of power. 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, for giving me the opportunity to contribute. Mr. Temporary Speaker, Sir, I support the County Industrial Development Bill (Senate Bill No.7 of 2014). I thank Sen. (Eng.) Muriuki of Nyandarua County for coming up with this very important Bill that touches on the development of our counties. As custodians of devolution, this is the roadmap because a county is a government on its own. It must sustain itself and offer quality services to the people within the county. If there is industrialisation, I believe that we will have more development within counties. Counties will sustain themselves 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 congratulate the Mover of this Bill. Knowing the history of the kind of Bills that Sen. (Eng.) Muriuki brings to Parliament, there is no way that we can fail to support what he has brought on the Floor. He is known for very progressive and revolutionary Bills. The County Industrial Development Bill (Senate Bill No. 7 of 2014) fits that description. Mr. Temporary Speaker, Sir, it is a pity for us to be importing everything. For example, even toothpicks that we use in our houses are imported from China. We also import many other things that we definitely should not be importing, that is just to affirm what was referred to as a consumer mentality. We should not make our country a dumping ground for all manner of things. Mr. Temporary Speaker, Sir, last week, a Chinese shop was raided for having counterfeit goods that were not even labelled or approved for our market. Some of these cases are what drives me to think that we are sitting on a goldmine. This is something we should have done immediately we attained Independence in 1963. It is sad that we are discussing about putting it in a legal framework in 2015. However, it is better late than never. It is a good start that we are having this discussion. We are having it when we have serious dynamics in terms of population. We have thousands of young people that we churn from our universities every year. Every year, we have thousands who are released to the job market, but where do they go if we do not develop industries. Where will they be employed? We are dealing with millions that are now actually getting desperate in terms of getting jobs. Just recently, the Kenya Ports Authority (KPA) had a problem with the dock workers and they advertised some 28 positions. They received more than 3,000 applications. That is how serious it is. The Judiciary Service Commission (JSC) advertised for about 1,000 positions, but more than 80,000 Kenyans applied. Even the short listing for them is a nightmare. They are now looking for companies to assist them do short listing. It is that serious. We are staring at a crisis because we are not creating employment opportunities for our youth. Mr. Temporary Speaker, Sir, industrialization can create employment, wealth and put money in our peoples’ pockets. However much we want to sit in hotels in Nairobi and say that we are now a middle level income country, it does not mean much to wananchi . Can they afford three meals a day? I sit in the Committee on Labour and Social Welfare. Right now, we are dealing with the cash transfers to the elderly, persons with disabilities and orphans to the tune of Kshs18 billion this year. In Nakuru County, for example, last week, they were doing identification. We, as a country, cannot afford to reach all the elderly people. People who cannot afford a meal a day are many. It is that serious. So, even if we broadcast to the nation that our economy is doing well, what does it mean to ordinary Kenyans? Yes, ours is a middle level income economy. If this does not translate to money in the pockets of Kenyans, it has no meaning to us. We want an economy that will help us sustain our families, take our children to good schools and afford healthcare, among other amenities. Those are the things that concern Kenyans. Mr. Temporary Speaker, Sir, we are now in 2015. We are dealing with post Millennium Development Goals (MDGs). As we now transit MDGs to sustainable goals, we are looking at a time when we are doing an evaluation. Have we made any steps in terms of eradication 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.

Mr. Temporary Speaker, Sir, before I speak to this Motion allow me to make two remarks, the first one; I want to use this opportunity to pass my heartfelt condolences to the family and friends of Mzee Ali Wamukoya, the last remaining paramount Chief in my county who died today at the age of 103. He is a Muslim and he is being interred right away. I will not be able to attend and so I take this opportunity to send my condolences. Second, I would like the President to pay our teachers so that the children of the poor can go to school. All the children of the members of the Executive, Senators, Governors, Members of County Assemblies (MCAs) and Members of the National Assembly are in academies and private schools. Therefore, it does not look urgent, but we want our children to go to schools. We are creating a serious injustice to the children of the poor. The Auditor-General whose books this House looks at, has confirmed that Ksh67 billion was wasted on foreign travel, trips, flowers in offices, entertainment, teas and coffees by the Executive. This is the wastage that should be harnessed so that people earn their salaries and live a decent life. Mr. Temporary Speaker, Sir, I want to thank my brother and friend Sen. (Eng.) Muriuki, who we cannot help, but remember the gift of the CDF, never mind that a few unscrupulous MPs are abusing it. Sen. (Eng.) Muriuki, you might very well be remembered in this current cycle for this Bill. Mr. Temporary Speaker, Sir, I have come here to speak to this Bill and support it. I believe that our governors who have hitherto remained completely rudderless when it comes to the issue of industrialization will now think outside the box, guided by this piece of legislation so that they move away from the CDF mentality. Most of the governors, especially the ones who had served in the Ninth and Tenth Parliaments are stuck in the CDF mentality. You would hear of a governor moving around with Kshs10 million to a secondary school or Kshs5 million to a primary school. That is CDF. We would like big thinking so that devolved funds can be used to unlock the economic potential of our regions. 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): Who is Senator Awiti?

Mr. Temporary Speaker, Sir, I am sorry; it is Mr. Awiti, the Governor for Homa Bay County who is in the process of constructing an animal feeds factory. It might not be a grandiose thing, but it answers one very sad thing, that omena that is used in animal feeds used to be sold outside Homa Bay so that animal feeds could be fixed, now the local mama and the local fisherman who deals in omena can actually deliver her produce to this factory. In Kisii County, for example, the governor has started an ambitious Kshs250 million small factory for processing fruits. This is the thinking that I believe Sen. (Eng.) Muriuki is pushing the country into. Before we think about these factories, let us also remind the national Government to support the existing factories. Sugar factories in the former western region, the former Nyanza region, in Trans-Mara and in Kwale are endangered. We would like the government to support these factories by protecting the local market. A few days ago, I was in Brussels, it coincided with a complete shutdown of Brussels. It was shut down by farmers who had come to the capital to protest to the European Union (EU) that their farm products are being chocked by cheap imports. The EU secretariat created special traffic arrangements to ensure that those farmers are heard and protected. Why can President Uhuru not protect sugarcane farmers and desist from this nonsense of exchanging the welfare of our children in the sugarcane growing areas with his milk from the so called Brookside? He must stop it. We want his milk to grow just as much as our sugar should thrive. We will not keep quiet. Butali, West Kenya, Mumias and Nzoia factories will never close down. We will not keep quiet, but we are saying that the issue of sugar should never have taken a back-banner. Unfortunately, it has been overtaken by the teachers’ crisis. I would like to inform Sen. (Eng.) Muriuki that; Members of the National Assembly and Senators from outside the sugarcane growing areas support farmers. All over the world farmers are supported by their parliaments. They are also supported by their presidents and prime ministers. The ginnery that we had in Malakisi used to employ hundreds of people, but it closed down because of lack of support on infrastructure and other aspects of policy in processing of tobacco in Bungoma. I normally see a big building in Kisumu around 50 to 100 metres called Kikomi. The textile factories need to be revived. How can a Government pump Kshs800 million to support Rivatex and Raymond textile companies and leave out others? That is a good thing. They need to invest in those other textile companies like Kikomi in Kisumu. Must every region be politically-correct for it to get its entitlement? No. The President is wrong and the Deputy President, Hon. Ruto is also wrong. May be, this is why the gods 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.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity to contribute to this Bill. I would like to thank and congratulate the Mover of the Bill, Sen. (Eng.) Muriuki for being visionary and having the foresight to see that industrialization is what will revolutionize the economies of our counties and this nation. Mr. Temporary Speaker, Sir, standing here on a day that teachers are on strike and when our pupils and students are at home for the last three weeks, I would like to take this opportunity to express solidarity with the teaching fraternity in this nation. I am the son of a teacher. Unlike what Sen. (Dr.) Khalwale said, I am one Senator who has a child and has children I sponsor in public schools who are now at home. So, I am directly affected. I am a former teacher. In 1997, I was a teacher in Waondo Secondary School. Therefore, I know the problems and the sacrifices that teachers make. Teachers of this nation deserve to be paid what the competent courts have declared that they should be paid. For those who have been asking where the money will come from, because that has become the popular phrase whenever we do not want to do anything. Remember, when this Senate sought Kshs1 billion to execute its oversight mandate, the question was where the money would come from. Last week, this country was supposed to host a NEPAD Conference which was supposed to draw more than 35 heads of States. However, this conference never took place. There are billboards all over the country, there are adverts in the papers, a lot of money was spent on a conference that did not take place. The same week when teachers are on strike so that they can just be given a little bit of more money---. This increment translates to about Kshs4,000 per teacher, yet we went ahead and publicized, made plans and put up billboards all over…..

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

Mr. Temporary Speaker, Sir, I agree to be informed.

Mr. Temporary Speaker, Sir, allow me to inform the distinguished Senator from Homa Bay that the reason the conference collapsed is because the 37 heads of States who had been invited decided to sent representatives because they did not want to be subjected to the Public Relations (PR) of the Jubilee Government - that the 37 Presidents have come and have made the President to be the number one President of Africa.

(Sen. (Dr.) Machage)

(Sen. (Dr.) Machage)

Thank you, Mr. Temporary Speaker, Sir, for the guidance. I will hit the point on the Bill before us, but the teachers of this nation deserve to be paid what the court has awarded them. This Bill by the Sen. (Eng.) Muriuki tries to do some noble things. It wants to bring industrialization to the county level and to the wards. I saw mention of Constituency Industrialization Committees and I agree with my colleague Sen. (Dr.) Khalwale that that could be at superficial level. We need to look at it at the county level. This Bill wants to focus on the produce of respective counties; it wants to establish county Industrial Development Boards and county Industrial Development Funds. Mr. Temporary Speaker, Sir, as we debate this particular matter, it is doubtful whether we have a national industrialization policy that is approved. Through it, we have got an industrialization framework. Even if you talk to the people from the Ministry of Industrialization, and Enterprise Development, they will tell you that there is a roadmap to the finalization of the national industrialization policy. We, as a nation, need a coherent industrialization policy. The Ministry has been talking of coming up with an industrial development Bill. I am not aware and I have looked at the Bills tracker, I have gone to the Kenya Law Reform Commission and the status of this Industrial Development Bill still remains unclear. This country needs a binding policy and an overriding law that will guide us as we go about industrialization at the county level and at the micro level. Mr. Temporary Speaker, Sir, when we want to put up industrialization units at the county levels, it is also important that we do not let go off the thinking of economies of scale. It is important that counties come together to exploit the produce that is common to them. Homa Bay, Siaya, Migori, Kisumu and Busia counties share a resource called Lake Victoria. We must ask ourselves, is it better to set up individual fish industrialization units at the county level or shall we take advantage of our economies of scale and come up with something big, significant that will have far reaching implications on the economies of this area? Despite neglect by previous governments, I want to tell you that if we were to form blocs in some of these areas, we will go far in terms of development. The other day, we went to Homa Bay and we saw an airstrip which benefitted from a 1.3 kilometre extension of the runway. That airstrip is fairly idle because there is really nothing to be extracted from that county to be sent to other areas. We can take advantage of some of these tokens that these regions got from previous governments to tap, exploit, industrialize and start looking at other counties as ultimate export destinations. 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): Since I see no other Member ready to contribute to this Bill, I call on the Mover to reply.

Thank you, Mr. Temporary Speaker, Sir. First, let me take this opportunity to thank the Seconder and Senators who contributed to this Bill. I am delighted to see the kind of interest there is. Unfortunately, there seems to be some kind of tradition in this House that after a certain hour, Members become fairly few, but be that as it may, that is a discussion for another day. There are quite a number of issues raised here and there by various Members and I will try to summarise them by way of responding to various cardinal issues. One of them is the idea that there should be some kind of a coordination body or forum between counties on the basis that they may implement the Bill in good faith and then end up with a lot of duplication between counties and so on. It is a good idea. Of course, we do have county forums from the CoG

, where they can compare notes and so on. However, human beings being what they are, there may be undue and unnecessary competition. If everyone has his own industry in a corner and may be the economies of scale, as put by various Members more so, Sen. M. Kajwang, I think it would be important that we look for the best way of looking at this at the Committee Stage. Mr. Temporary Speaker, Sir, the other issue is that there are many opportunities which could come from land which we have in plenty. The Bill does not necessarily mean manufacturing in terms of metal or just goods which are here. Even industries which are starting from scratch would be accommodated. This week I spent quite a bit of time with a team in the Adhoc Committee looking at the county headquarters in the north eastern and coast regions and so on. Although we use the word “semi-arid”, it is not that arid. With irrigation and other systems, those areas can produce quite a lot. In most of those places if you just produce goods, but then fail to add value for the end benefit to the producer to be significant, then the encouragement to further investment to the area will be very difficult. 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. Senator! Execute that request properly. Say that you are requesting the Chair, under Standing Order No. 54.

Thank you, Mr. Temporary Speaker, Sir. I am very well guided. I now request the Chair, under the Standing Order No. 54, that the Question be put another day.

(Sen. (Dr) Machage): Very well, the request has been accepted.

(Sen. (Dr) Machage): Next order, please. THE PETITION TO COUNTY ASSEMBLIES (PROCEDURE) BILL (SENATE BILL NO. 35 OF 2014)

(Sen. (Dr) Machage): I see that the Mover is not around for good reasons. The Chair is privy as to why he is absent. Order No.17 is, therefore, deferred to another day.

(Sen. (Dr.) Machage): Hon. Senators, it is now time for interruption of the business of the Senate. Therefore, the Senate stands adjourned until tomorrow, 16th September, 2015, at 2.30 p.m. The Senate rose at 6.10 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.