Hon. Senators, I have a number of communications to make today. TEMPORARY RELOCATION FROM KICC OFFICES Hon. Senators, you may recall that during the workshop of the Senate held on 27th August, 2015, I issued a communication regarding the need for Members of Parliament (MPs) to temporarily relocate from some floors of the Kenya International Convention Centre (KICC) in order to facilitate the hosting of the World Trade Organisation (WTO) Ministerial Conference scheduled to take place from 13th to 18th December, 2015. I would like to reiterate that the Parliamentary Service Commission (PSC) has requested that Members occupying offices on 3rd, 4th, 5th 11th, 12th and 13th floors at the KICC be temporarily relocated. Affected Senators are advised to seek alternative accommodation and to liaise with the Director, Finance and Accounting Services for reimbursement for the stated period. Hon. Senators, the KICC will restore the offices to the original state for use by the affected Members not later than 1st February, 2016. I, therefore, urge all the affected Senators to relocate without further delay in order to avail the offices for the WTO’s use. I thank you for your cooperation and understanding. WTO MINISTERIAL CONFERENCE SENSITIZATION MEETING FOR SENATORS Hon. Senators, as you may be aware, Kenya will be hosting the 10th WTO Ministerial Conference in Nairobi from 15th to 18th December, 2015. The conference is yet another milestone in cementing Kenya’s global positioning as a preferred conference destination. The WTO secretariat in Nairobi will provide the technical assistance to

What is it, Sen. Obure?

Mr. Speaker, Sir, thank you for welcoming members of the Kisii County Assembly who are on a benchmarking visit to the Senate. I am particularly grateful to the staff of the Senate for preparing an elaborate programme which will enable them familiarize themselves with the activities and workings of the Senate. It will also

Mr. Speaker, Sir, I want to join Sen. Obure and Sen. Wetangula, the Senate Majority Leader for welcoming and---

We are the majority.

Order, Senator! Majority is not a matter of personal opinion.

Mr. Speaker, Sir, I want to join them in welcoming the delegation that is visiting the Senate this afternoon. I also thank the delegation of councilors. I once worked under councilors and they did a good job. As I join other Senators in welcoming the delegation, I wish them a fruitful and safe stay in Nairobi. I know that they are going to learn something that will add value and promote devolution. Thank you.

On a point of order, Mr. Speaker, Sir. Sen. Omondi is trying to insinuate that my friend, Sen. Wetangula, has said something about Bungoma, when he has not even said anything. Is she in order?

Order, Senator! Proceed, Sen. Wetangula.

Mr. Speaker, Sir, for the benefit of the distinguished Senator for Kirinyaga, Sen. Godliver has the ability and capacity to foresee what is coming and appreciate in advance. It is called prior appreciation. Mr. Speaker, Sir, allow me also to join you and the House in welcoming all the delegations that you have cited; in particular, a delegation from my county of Bungoma, the Implementation Committee, that is engaging their counterpart committee on not only benchmarking, but also a learning experience, knowing that implementation of resolutions of any House of Parliament is more critics than the resolution itself, because parliaments like courts, do not act in vain. I welcome the delegation and wish them a good stay at the Senate and in Nairobi. I have no doubt that when they go back, they will be able to do much more to benefit the people of Bungoma, given the fact that of late we have been in the news for all the wrong reasons. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to make my remarks. Like other Senators, I also want to congratulate your office in setting

Thank you, Mr. Speaker, Sir, for giving me this opportunity to appreciate the Members who have come to join us. On behalf of the Committee of Implementation, I want to welcome the Implementation Committee on Bungoma County for seeing it important to come and benchmark with the Senate. This morning we had a session with them. This was a follow up of the good deliberations we had with them in March this year when we visited their county assembly. I want to take this opportunity to welcome them once more to Nairobi, particularly to the Senate. I believe we shall have more to discuss with them.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to join you in welcoming this delegation. From the negative audit reports that we are receiving from the counties, we are more convinced now that the success of devolution will depend on the ability and commitment of the county assemblies to oversight and legislate on matters relating to counties.

Mhe. Spika, kwa heshima na taadhima kuu, sisi ndani ya Bunge hili tumefurahi kuwakaribisha wenzetu kutoka mashinani. Kuna mengi wanaweza kujifunza hapa. Badala ya kuzuru nchi za nje kujifunza, ni heri wajifundishe hapa nyumbani. Tumefurahia kwa sababu wamekuja kwa wingi. Mimi nikitambua kuweko kwenu hapa, sina furaha sana kwa Bunge langu la Migori ambalo badala ya kuja hapa, wameamua kuenda Dubai kukusanya taka. Tumeelezwa vile watatumia Kshs6 milioni kiholelaholela. Si jambo la kufurahia kwa sababu wananchi wanamulika kazi zenu. Leo mtapata wasifu nchi nzima kuona kwamba nyinyi mmekuwa wazalendo wakuu kufika hapa kuja nyinyi kujionea wenyewe mambo yanavyoendelea katika Bunge hili la Seneti. Karibuni na mjihisi nyumbani.

Mr. Speaker, Sir, I join my colleagues in appreciating the visit by the respective County Assemblies. As we are all aware, the Committee chaired by Sen, (Dr.) Khalwale dealing with counties’ accounts looks very interesting. This is the right time we encourage county visitations to Senate and National Assembly to benchmark and see how accounts are handled in order to be able to stop some of the malpractices we saw recently. Lastly, we have a special group of visitors today. The Forum for former Councilors who served Kenya so diligently to the extent that we now have a new dispensation called devolution. They are here because of their Petition. It is great that

Thank you, Mr. Speaker, Sir. I am sorry to come in late, but while at the Bar, I had your communication on the World Trade Organization Conference that is about to happen in this country. I thought I should draw the attention of the Chair to the fact that Senators have truly humbled themselves in the interest of the economy of their country because World Trade Organization holding such an important function here will bring in a lot of foreign exchange. Mr. Speaker, Sir, because of the way the Senators have humbled themselves, I want to appeal to the President of the Republic to also consider that the Executive humbles itself. It is only last week when another conference that was meant to draw into the country 37 heads of States collapsed. It is sad the Government found billions of shillings for that conference, but they cannot find billions to pay our teachers. Mr. Speaker, Sir, let the Executive humble itself the way we have humbled ourselves. The money that was going to do that particular conference last week for heads of States should be passed over to the teachers. We want our children back in school.

On a point of order, Mr. Speaker, Sir. Did you hear Sen. (Dr.) Khalwale talk about “Bar”. Some people who may be listening to us may be wondering what type of bar he was talking about. May he be specific because our proceedings are being watched live by Kenyans. Which type of bar is he talking about?

Mr. Speaker Sir, I said I came in late and while standing at the Bar, I heard you make a communication on WTO. For the benefit of the Senator who is a new man in politics, that place where a metallic object is drawn, is called the Bar. So, I was at the Bar. I was not at the bar. Next Order!

Hon. Senators, I wish to bring to the attention of the Senate that pursuant to Standing Order 40(2) and (3), the Clerk received and delivered to me on Tuesday, 4th August, 2015 a Message from the National Assembly regarding the Water Bill (National Assembly Bill No. 7 of 2014). Consequently, I caused the Message to be transmitted to every Senator pursuant to Standing Order No.40(5) by letter Ref. SEN/L&P/MSG.2015, dated 17th August, 2015 as the Senate was not sitting at the time. Hon. Senators, in accordance, therefore, with standing order 40(5), I hereby report the following Message to the Senate- “PURSUANT to the provisions of Standing Order Nos. 41 and 142 of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly- THAT WHEREAS, the Water Bill (National Assembly Bill No. 7 of 2014) was published vide the Kenya Gazette Supplement No.27 of March 17,

Thank you, Mr. Speaker, Sir. I rise to present a Petition made to the Senate pursuant to Article 119 of the Constitution of Kenya and the Standing Order No. 24 of the Senate by the forum of former councillors who served in the defunct local authorities in Kenya since Independence. We, the undersigned citizens of the Republic of Kenya and former councilors under the defunct local authorities in Kenya draw the attention of the Senate to the following; 1. THAT, we faithfully and diligently serve the people of Kenya as councillors and in various capacities under the defunct local authorities prior to 2013 General Elections when the said local authorities were dissolved to give way to the devolved system of Government; 2. THAT, while former the Members of Parliament and other elective and appointive government officials are entitled to and indeed enjoy pension and gratuity packages, that ensure that they live comfortably once out of office, there exists no similar mechanism to compensate or appreciate those who served this country faithfully as councillors under the defunct local authorities; 3. THAT, majority of those who served as councillors in the defunct local authorities since Independence are now living in squalor and are faced with a myriad of challenges, including inability to cope with the deteriorating health in the absence of health insurance covers; 4. THAT, we have made the best efforts to have this issue addressed by the relevant organs and agencies without any positive outcome; 5. THAT, the matters raised in this Petition are not pending before any court of law, constitutional or other legal body. WHEREFORE, your humble Petitioners pray that the Senate:- 1. Investigates the issues raised in this Petition and makes appropriate recommendation and legislative interventions thereon to address the plight of former councilors who served in the defunct local authorities in Kenya since Independence including:

Hon. Senators, I will allow very brief interventions if any. Since the interest is quite high, I will restrict you to less than one minute.

Mr. Speaker, Sir, the plight of political leadership since Independence in this country is wanting, especially for those who have served before and are on retirement either by default or devolve. The demand and request by the members is not really a tall order for this country. We should not only recognise them at death by delivering long speeches at the time of their burial. We should protect their welfare as they live after retirement from politics. The plight of Members of Parliament (MPs) has been partially observed. It is just time, due and important that we considered the plight of the former councillors that are still surviving to this end. Thank you, Mr. Speaker, Sir.

Asante sana, Bw. Spika kwa kunipa nafasi kuunga mkono malalamishi haya yaliyoletwa kwa niaba ya waliokuwa madiwani. Bw. Spika, Waswahili husema kuwa ukiona kichwa cha mwenzako kikinyolewa chako tia maji. Hata sisi pia tunaweza tukawa wa zamani kama wao. Kwa hivyo, ni vyema kushughulikia masilahi yao na kuhakikisha kuwa wako sawa. Namshukuru Sen. (Prof.) Lonyangapuo kwa hilo na naunga mkono malalamishi haya. Naomba yatiliwe maanani na kushughuliwa haraka iwezekenavyo.

Mr. Speaker, Sir, I join my colleagues in congratulating the former councillors who brought the Petition to Senate. Mr. Speaker, Sir, I had a sitting with former councillors in my county. I tried to address their plight in order to see how they could be helped. These are leaders who

Mr. Speaker, Sir, I also rise to add my voice in support of this petition. It has been said that once a leader always a leader. Former councillors led and represented us at a time when their legislative areas were wider, but they were being paid peanuts. They represented us well. They laid the foundation stones upon which we are building. Expectations are still high from the society, friends and relatives because what is expected of them is what was expected even when they were in office. Therefore, what they are petitioning us, as a country and Senate, is a minimum of what we would have given them; a tone of appreciation of Kshs1.5 million and access to health and other facilities is not much. I urge everybody to support them so that when we retire and begin fighting for benefits, we will be reading from the same script. With those few remarks, I beg to support.

Mr. Speaker, Sir, I join my colleagues who have spoken earlier in, first of all, thanking Sen. (Prof.) Lonyangapuo for presenting this petition on behalf of the former leaders. Secondly, I thank the former leaders for the path they have taken for their matter to be addressed, by petitioning this House, by exploiting Article 119 of the Constitution. I know that other people would have rushed to courts and used all other means to get redress. However, they chose to petition this House. It is important that we expedite the process. I know that you will refer it to the relevant standing committee. Mr. Speaker, Sir, it is important that the welfare of our past leaders is looked into. They must live a decent life that befits their status in the society. I know that they have made their case and proposal. It may not be possible to grant them all that they are asking for. However, all the same, it is important that we look into it and see what is sustainable and what can be done for them to live a decent live. Therefore, I support the petition and encourage that it be referred to the relevant standing committee. Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I also wish to add my voice on this very important petition. Former councillors are men and women of wisdom and knowledge, which is required in our counties. In this country, huge amounts of money are stolen through theft, corruption and other forms of mismanagement. What they are asking for is just a token. They are only 6,000 members. I request Members of County Assemblies (MCAs), including Kisii County, to consider co-opting them into running of county affairs considering the knowledge they have in other issues. Mr. Speaker, Sir, with those few remarks, I beg to support.

If we can all be that brief, it will be appreciated by the Chair.

Mr. Speaker, Sir, I also join my colleagues in supporting this petition. I know that previously, there was no provision in the law for such remuneration.

Mr. Speaker, Sir, I fully support the sentiments of Sen. (Prof.) Lonyangapuo and the petition. However, you cannot honour the dead if you cannot honour the living. Yesterday I saw an incident where we were mourning the father of one us and the Speaker of the Senate was not allowed to say a word on such an important occasion.

Shame!

Mr. Speaker, Sir, if we cannot respect your office as the Speaker which is a constitutional office, what about when you leave office? You will be as good as dead. We must begin by recognizing the offices that are there now, so that if Sen. Murkomen comes to Siaya, I will recognise his office without a doubt. Whatever problem we may have with each other, but if he appears anywhere as a leader, that position must be recognised. Woe unto those persons who were responsible for the incident yesterday where our Speaker did not utter a word while the likes of us were able to utter a word. I felt very disappointed. Having said that, councillors played a very important role during the time when we were dealing with local authorities. This petition has come at the right time. As we recognise their position, I also urge you to recognise the position of the Prime Minister, the Vice President and eventually as a long serving Member for Siaya, you recognise my position so that all these things make some sense and harmony. Mr. Speaker, Sir, I fully support.

What is it, Sen. (Dr.) Khalwale?

On a point of order, Mr. Speaker, Sir. The Senator for Siaya has made very serious revelations to the public. That not Hon. Ethuro, but the Speaker of the Senate of the Republic of Kenya was subjected to humiliation yesterday. I beg for your indulgence; bend backwards and direct that the Senate Majority Leader brings a statement to clarify to the country the circumstances under which the institution of the Senate was abused yesterday.

What is it, Sen. Murkomen?

On a point of order, Mr. Speaker, Sir. I was seated next to Sen. Lesuuda, yourself and the said culprit. Everybody who sat around there was shocked yesterday. That happened despite the fact that you came to mourn the death of the father of the Deputy Majority Whip. I personally notified the Governor of Machakos that he had the responsibility to invite you to pass your condolences. He deliberately ignored you. It was not your condolences; it was on behalf of the Senate. The murmurs I heard from the Governor for Machakos was to the effect that you were too junior for him to invite you. I spoke yesterday and everybody heard. I reminded the country that one of the greatest challenges of devolution is that, power has entered into the heads of those who have been given the responsibility to manage our counties. They think that they are bigger than everybody else, but yesterday was about mourning. It was necessary for you to pass our condolences on behalf of this House. That is why all of us spoke on behalf of ourselves, but left the responsibility to you to pass the message of the Senate of the Republic of Kenya. I concur with Sen. (Dr.) Khalwale. That, whereas we have accepted as a Senate to be a House of humility; the circumstances under which you were given a total blackout yesterday – I must congratulate you because you behaved very maturely as you have always done. You did not sulk and did not look discouraged. You stood firm. However, those of us who were behind you were very sad. You saw me walking to the stage, to tell the Speaker of the Senate to just wave. I want to say without any fear of contradiction, a Governor who has been running a cinema in the county; thinks that he can transfer that cinema mentality to everybody in this country, is an unfortunate thing. It is an embarrassment to the family of devolved governments. It is important for us to have an official position of what happened yesterday. If nothing, it is for the record.

Order, Members! Do you really wish to pursue this matter?

Yes!

Proceed, Sen. Wetangula.

Mr. Speaker, Sir, allow me to express my outrage as well because I was in the audience. I would not have minded if all of us Senators, including myself did not speak yesterday, but you conveyed the condolences of this august House to one of us who had lost his father. That, the Governor for Machakos, well known for his cheap theatrics, stood up when given an opportunity to invite you to speak, but chose to invite former Members like hon. Wavinya Ndeti and hon. Kalembe Ndile to speak and leave you out is something that is an affront to the dignity of your office, to the dignity of your person as a very distinguished Kenyan and the dignity of this House that you represented. I urge, in the words of Sen. (Dr.) Khalwale and Sen. Murkomen, that my brother Sen. (Prof.) Kindiki brings a formal statement to register on the HANSARD of this House the outrage that we all feel for this demeaning behaviour by a person who has no regard for others and who now has forgotten that he is the Governor for Machakos and is spending public funds visiting neighbouring counties to cause trouble for his colleague

Bw. Spika, kufuatana na yaliyokukumba jana, ninafikiri ni watu wengi ambao hawajui wewe kama kiongozi katika taifa hili ilhali umekuwa katika siasa kwa miaka 20. Ni nani huyo ambaye hakumtabua Spika wa Bunge la Seneti? Spika ndiye kiongozi wa Bunge hili. Kama walikudharau, aibu ni kwao. Sisis tunakuheshimu kwa sababu wewe ni kiongozi wa Bunge la Seneti ambalo linaheshimiwa sana na Wakenya. Madiwani wa zamani walifanya kazi kwa bidii na wakaacha mali mengi katika kaunti zetu. Itakuwa ni vizuri tuzungumzie matakwa yao ili tuwafidie na marupurupu ya kuimarisha maisha yao. Ni mapenzi yetu kuona kwamba wanaishi maisha ya bora. Wengi wao wanaishi maisha ya umaskini. Sisi kama viongozi wa Seneti ni lazima tuwasaidie kuimarisha maisha yao ili tuendelee kuheshimiwa kama nchi.

(Sen. (Prof) Kindiki): Mr. Speaker, Sir, I take this opportunity to congratulate Sen. (Prof.) Lonyangapuo for bringing this petition. I fully support that all people who have served our country should be appreciated without discrimination. As you will guide us, I hope when this petition is committed to the relevant Committee, suggestions in terms of what should be done will be carried forward and supported by us. Personally, I want to go on record that the idea of recognizing and supporting people who have given their time to serve the country, is welcome. The detail is something that can be worked out and then we take it from there. Mr. Speaker, Sir, before I sit down, allow me to vent my deepest regret and embarrassment at what happened to you yesterday in Machakos. It is not something that we can contextualize. I am not aware of any civilization where people holding public offices can be as cheap as what happened yesterday. If you cannot recognize the Speaker of the Senate or the Speaker of the National Assembly and you are purporting to be the

Order, Senators! Sen. (Prof.) Kindiki is so directed.

Mr. Speaker, Sir, we welcome your direction to the Senate Majority Leader. However, given the weight of this matter, do you not think that it will be prudent for us to give him some timelines by which he should report to the House?

(Sen.(Prof) Kindiki): Mr. Speaker, Sir, in order to give this matter the kind of attention and comprehensiveness it demands, I request that I be given one week so that I can provide a good statement.

It is so ordered.

Mr. Speaker, Sir, let me not dwell on the embarrassing moment of yesterday. I beg you to forgive that man because he did not know what he was doing.

Those who are Christians know that the gospel according to St Luke says that those who exalt themselves will be humbled, but those who humble themselves will be exalted. You will be exalted in the eyes of the Lord.

Do you want to be exalted?

Mr. Speaker, Sir, do not worry. They will be humbled.

Regarding the Petition by our friend Sen. (Prof.) Lonyangapuo, it will be criminal for any Senator not to support this petition. The former councilors, including the Chairman of this forum whom I know very well because he is from my county, are people whom we have struggled with against dictatorship in this country. These are people who have walked with us during the difficult days of the struggle for democratization of this country. These are people who have played a great role in the grassroots development of this country. Mr. Speaker, Sir, it is a shame that so many years after Independence, Mau Mau are being paid and recognized. There is a monument being erected at Uhuru Park, but we are quickly forgetting the people we were struggling with only yesterday. I have met many of these councillors and they are actually leaving in squalor, many of them are old

Mr. Speaker, Sir, thank you for giving me this opportunity. First, I want to associate myself with the sentiments expressed by my colleagues on the treatment of yesterday. I do not believe that the Governor of Machakos did not know what he was doing. He has been the Government spokesman and he knows the protocols. Normally when a court is sentencing somebody, it makes sure that he knows why he gets two years instead of four years because he should have known better. The governor should have known better. I do not know whether he is selling Maendeleo Chap Chap or the retrogressive chap chap. If that is so, if he really wants to lead the Maendeleo ChapChap or whatever it is, then the honourable thing for him to do is to render an apology to you, Mr. speaker, and to the entire Senate. I hope he is honuorable enough to stand up and do just so. Mr. Speaker, Sir, talking about the petition, I want to pay tribute to Sen. (Prof.) Lonyangapuo for bringing it here. When I entered politics the people who taught me grassroots politics were this former councilors. They may look very old, very poor, almost hungry looking and so on, but when you talk to them, you see wisdom and how decisions should be made. Just like former Members of Parliament, they were committed to the development and unity of this country. As we have done for the former Members of Parliament, we should also do for them because when they were serving, they were not even earning big salaries like today. It was just something like pocket money, but they were able to serve well. It is time for us to recognise them.

Mr. Speaker, Sir, I also want to congratulate Sen. (Prof.) Lonyangapuo for bringing the issue of the former councilors. I was a councillor for two terms. Regarding the issue of Machakos County, I am glad it was you because most of us have been humiliated in many occasions. I have been a victim. The governors do not recognize us. If they are able to do that to you, surely what do they think we are feeling? It is good that it is you now so that the statement that we have demanded be written and be written properly because they have to learn this is a senior House. We demand recognition. While I sympathise with you, it is good that it was you so that things can be put right from now henceforth.

Mr. Speaker, Sir, first, I would like to congratulate my dear fellow professor for bringing this petition on behalf of councillors. Many people are suffering from lack of pension in this nation. Quite a number of them have inadequate pension. I have always mentioned my friend, Amb. Kibinge, who was a distinguish civil servant and an ambassador in Washington. One day I met him, and he told me the kind of pension he was earning and I was very ashamed. While we support the councillors, we should think about the pension schemes in these country and also advisory services to pensioners; how they can use their pension

Mr. Speaker, Sir, I wish to join my colleagues in thanking and congratulating Sen. (Prof.) Lonyangapuo, for the petition he has brought to this House. The contributions of some of these councillors from the defunct local authorities can be seen in our counties today. No wonder most of the counties are collecting far less revenue, than they used to collect. Even with the little resources available to them then, we can still see the track of development in our local authorities much better than we can see from the counties. I want to support the petition and hope that the Committee that will be handling it will deal with it expeditiously so that we can look at the welfare of these councillors. I am sure that councillors from Machakos County did much more than some of the things that are being done by the renowned film maker from Machakos. I support this petition and I wish that we expedite the process to ensure that councillors’ welfare is sorted out.

Hon. Senators, it is 3.55 p.m. so can we do another five minutes, because we have good numbers for the voting. We need to harvest when the harvest is ready. I will allow up to 4.00 p.m. and do not exceed one minute. I will order that we just contribute about the issue of former councillors, forget about Machakos County.

Mr. Speaker, Sir, for the one that is related to you, my colleagues have very well spoken to it. I will only join in condemning the Governor of “Masaku” for the very bad behaviour. It is important we demand for a public apology. Mr. Speaker, Sir, I will straightaway talk on the matter which was presented by Sen. (Prof.) Lonyangapuo. It is timely because the former councillors did a wonderful job for this country. Those who are surviving are still doing very good jobs in our counties, including issues that relate to peace. Therefore, it is important to take care of their plight. I would also say that it is tradition, many a times, to take care of the wealthy, which I do not think it is right. We have taken care of retired presidents who are wealthy, so why not the poor fellows on the ground.

Mr. Speaker, Sir, I am one person who worked with most of the former councillors on the six legislations for devolved governance. Most of the people

Hon. Senators, I am afraid, it is 4.00 p.m. and we must make progress. Next Order!

On a point of order, Mr. Speaker, Sir. According to our Standing Orders, once a petition has been presented, it is supposed to be committed to the relevant Committee.

Sen. Khaniri, I have heard you. According to Standing Order No.227, this petition will be committed to the Committee on Labour and Social Welfare. According to Standing Order No.227(2), the Committee shall, in not more than 60 days, respond to the petitioner by way of a report. Thank you for reminding me. Hon. Senators, we committed ourselves to voting on Wednesday afternoon. Since we have the requisite number, we do not want to lose this opportunity. We will now skip all the other orders and move to Orders No.9, 10, and 12. Order No.8 is deferred. We will start with Order No.12 then come back to Order No.9 and 10 which is the Committee of the Whole.

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

What is it, Sen. Wetangula?

Mr. Speaker, Sir, I duly notified the Speaker in accordance with Standing Order No.33(1), my desire to move a Motion for Adjournment on a matter of grave national importance, that is, the teachers’ strike. Now that we are going to Order Nos.9, 10 and 11, I see Order No.11 has quite a bit of work to do, I would want to seek an indication as at what time you will permit me to move the Motion for Adjournment. I do know that many of my colleagues here are also available to discuss the matter of the teachers’ strike.

Order, Sen. Wetangula! You are raising a matter that does not exist. You need to move the Motion and be supported. I was very clear because I never mentioned Order No.11. The proposal is that after we do Order No.12, 9 and 10, we will move to your Motion. Proceed.

Mr. Speaker, Sir, I beg to give Notice of my intention to move a Motion for Adjournment to discuss a definite matter of urgent national importance pursuant to Standing Order No.33(1) today, 16th September, 2015.

Order! You do not need the whole House, you already have the requisite number. We will have the Motion after we finish with the three orders that I had mentioned.

On a point of order, Mr. Speaker, Sir. Yesterday I rose on a point of order and requested the person who was sitting on your Chair to give directions on the report issued on the dissolution of Makueni County by Mohamed Nyaoga. The directions were given that a communication will be issued this afternoon as to whether or not we can have that report at the Senate. I am seeking your directions.

Hon. Senators, I am learning of the matter and we will endevour to give it to you on Tuesday. Let us move on to Order No.12 and it is Division. We shall ring the Division Bell for one minute.

Hon. Members, the Bell has stopped ringing. I request you to resume your seats and log in. Could we ring the Bill for one more minutes to request the Members who have walked out to come back? Where are our Whips? Sen. Ong’era, you are the only Whip in the House, could you whip Members back to the House? Ring the Bell for one more minute.

The extra minute is now over. Draw the Bar.

We will start with Order No.12; The County Industrial Development Bill (Senate Bill No.7 of 2014). Log in and start voting. Any Member cannot vote electronically should approach the Table and vote.

(Sen. (Dr.) Machage): Hon. Senators, I will now announce the results:-

(Sen. (Dr.) Machage): Undraw the Bar to allow the Senators to walk in.

THE MINING BILL (NATIONAL ASSEMBLY BILL NO.8 OF 2014) Where is the Mover of the Bill? We will now move on to Order No.11. This was left out by the Speaker. Next Order! THE FOOD SECURITY BILL (SENATE BILL NO.23 OF 2014)

(Sen. (Dr.) Machage): Where is the Mover? Let me hear your comments, Sen. Wetangula.

Mr. Temporary Chairperson, Sir, the Mover is the Senate Majority Leader, Sen. (Prof.) Kindiki. He was here earlier. The Bill has a lot of amendments which he needs to take us through.

(Sen. (Dr.) Machage): I am advised that we had actually looked at all the amendments and we only need to vote.

Then why did you put all the amendments on the Order Paper?

(Sen. (Dr.) Machage): Since we had looked at all the amendments, today we have to just take the Division. The interesting thing is that we do not even remember that we had actually done the amendments.

Mr. Temporary Chairperson, Sir, I think we had gone through almost 95 per cent of the amendments. But to the best of my knowledge, I think there was one or two that we did not conclude. So, it would be in order that we only conclude when the Mover is in the House, to put the matter straight.

Mr. Temporary Chairperson, Sir, this is a House of record. The Mining Bill is extremely important to this country and, therefore, the HANSARD should bear witness of what transpired, so that we do what Kenyans wants us to do.

(Sen. (Dr.) Machage): Hon. Senators, matters on the Floor of this House must be taken as that. It is very difficult to go voting for Bills without the Mover or even the Senate Leader of Majority who is actually the sponsor of most of these Bills. I, as the Temporary Chairperson, say “no”. I will not accept. I have not been informed who is representing the Senate Majority Leader in the House.

On a point of order, Mr. Temporary Chairman, Sir. Once a Bill goes to a Committee, the Mover is not the original sponsor, but it is the Chairman of the Committee. The Chairman of the Committee is in the House.

(Sen. (Dr.) Machage): Seriously, why should other Members abscond from the Bills that they have brought to the House? I appreciate that the Chairman is here and I have taken cognizance of his presence. Thank you very much.

On a point of order, Mr. Temporary Chairman, Sir. You were seated in that same Chair when we concluded on Order Nos.8, 9 and 11. With all due respect, all deliberations were made. The only thing that made us not conclude the Committee of Whole was the numbers. Now that we have the requisite numbers, it would be just fair that we execute the business of this House.

(Sen. (Dr.) Machage): Yes, that is the kind of guidance I want from you. Who else wants to contribute? Well, I was wrongly advised by the Clerks-at-the-Table because I had moved to Order No.10 whose position I thought was as has been stated by the Chair. I was again misadvised by Sen. Wetangula on Order No.9, needless to quote Sen. Mutula Kilonzo. We will take all the votes of the Division and then I will announce the results at the end of the voting. So, let us start with Order No.10.

(Sen. (Dr.) Machage): Hon. Senators, I will now announce the results:-

Sen. Abdirahman, Wajir County; Sen. (Prof.) Anyang’-Nyong’o, Kisumu County; Sen. Boy Juma Boy, Kwale County; Sen. Chelule, Nakuru County; Sen. Chiaba, Lamu County; Sen. M. Kajwang, Homa Bay County; Sen. Karaba, Kirinyaga County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. Kivuti, Embu County; Sen. Lesuuda, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. (Dr.) Machage, Migori County; Sen. Mositet, Kajiado County; Sen. (Eng.) Muriuki, Nyandarua County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Murungi, Meru County; Sen. Musila, Kitui County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwakulegwa, Taita Taveta County; Sen. Ndiema, Trans Nzoia County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County; Sen. Orengo, Siaya County; Sen. Sang, Nandi County; Sen. Wako, Busia County and Sen. Wetangula, Bungoma County.

(Sen. (Dr.) Machage): Hon. Senators, I will now announce the results:-

(Sen. (Dr.) Machage): Hon. Senators, there are some Members who are not in the House and they have voted. So, avoid voting for absentees. Sen. (Dr.) Khalwale, Sen (Prof.) Kindiki and Sen. Mositet are not in the House, but it is indicated here that they have voted. I have made the necessary correction, but I think when we go to the next division, you will have to log in again. The Mover will move but the Chairperson will not report, so that we move to the next division. The Chairperson will only report after we finish everything.

(Sen. (Dr.) Machage): Hon. Senators, I wish to announce the results of the Division as follows:-

(Sen. (Dr.) Machage): Mover!

Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of The Food Security Bill (Senate Bill No. 23 of 2014) and its approval thereof with amendments.

(Sen. (Dr.) Machage): We will report to the House later. THE MINING BILL (NATIONAL ASSEMBLY BILL NO. 8 OF 2014) The next Bill is The Mining Bill (National Assembly Bill No. 8 of 2014). These are clauses without amendments.

On a point of order, Mr. Temporary Chairperson, Sir. May I make you aware that all the Committee proceedings and the Committee of the Whole for this particular Bill were actually done the last two days before we went on recess. We lacked numbers for the Division. So, I believe the HANSARD will bear me witness---

(Sen. (Dr.) Machage): Order, Senator! I have heard that song before. Let me remind you of the Standing Orders; that you do not rise on a point of order when voting is being executed. What we are doing is exactly what you are trying to remind me. We are now going to division.

(Sen. (Dr.) Machage): The results are as follows

(Sen. (Dr.) Machage): The results are as follows:-

(Sen. (Dr.) Machage): The results of the Division are as follows:-

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the House its consideration of The Mining Bill (National Assembly Bill No. 8 of 2014) and its approval thereof with amendments.

I call upon the Chairperson to report on the first Bill; The Food Security Bill (Senate Bill No. 23 of 2014).

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered The Food Security Bill (Senate Bill No.23 of 2014) and its approval, thereof, with amendments.

Let us give the clerks one minute to put certain papers in order. I now call upon the Mover to move.

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

seconded.

This is not a county matter but an internal reporting.

I now call upon Sen. (Dr.) Machage who was the Chairman of the Committee to give the next report. THE MINING BILL (NATIONAL ASSEMBLY BILL NO.8 OF 2014)

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered The Mining Bill (National Assembly Bill No.8 of 2014) and its approval, thereof, with amendments. Thank you, Madam Temporary Speaker.

I now call upon the Mover.

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

Who is your seconder?

seconded.

Let us now proceed to the Third Readings for both Bills. THE FOOD SECURITY BILL (SENATE BILL NO. 23 OF 2014)

Madam Temporary Speaker, I beg to move that The Food Security Bill (Senate Bill No.23 of 2014) be now read a Third Time.

seconded.

The Floor is open. Let me see if there is anybody willing to contribute. Since there is nobody willing to contribute, I will now put the question; that The Food Security Bill (Senate Bill No.23 of 2014) be now read a Third Time. We will have to do a division. However, I would rather we proceed and then we will have one division for both of them. Let us move to the next one.

Madam Temporary Speaker, I beg to move that The Mining Bill (National Assembly Bill No.8 of 2014) be now read a Third Time.

seconded.

Hon. Senators, I will now put the question; that The Mining Bill (National Assembly Bill No.8 of 2014) be now read a Third Time. We will then proceed to do the two divisions together. The Bars are already drawn. Therefore, let us proceed to Division. Let us start with the first one which is The Food Security Bill (Senate Bill No.23 of 2014). You should now log in.

Please process the results. Hon. Senators, please take your seats. The results of the Division on The Food Security Bill (Senate Bill No. 23 of 2014) are as follows:-

We are proceeding now to vote on the Mining Bill (National Assembly Bill No.8 of 2014). For the avoidance of doubt, I will put the question one more time. You can vote now.

Order, Hon. Senators! The results of the vote on the Mining Bill (National Assembly Bill No.8 of 2014) are as follows:-

The Bars should now be withdrawn.

Hon. Senators, the Speaker had ruled earlier on a Motion for Adjournment. I, therefore, call upon the Mover, the Senate Minority Leader, to proceed.

Madam Temporary Speaker, I beg to move that the House do now adjourn. Everybody in this country knows what is going on in the teaching fraternity and in our schools. Madam Temporary Speaker, since I have only ten minutes, I will be very quick. It is the Teachers Service Commission (TSC) that took the teachers to court and it ended up losing at every stage up to the Supreme Court. Teachers have been asking for a nominal salary increment that is not even commensurate or comparable with the workload they have or salaries paid to other Kenyans in similar positions. A quick example will show that a junior clerk at the TSC at job Group G earns Kshs35,353. An equivalent P1 teacher earns only Kshs16, 692. A graduate teacher earns Kshs31,020, his or her equivalent working at TSC earns Kshs55,659. Down the line, there is the Chief Principal, the highest a teacher can be in this country who earns Kshs109,089. The Secretary to the TSC which is the highest someone can go, earns Kshs526, 057. Look at that disparity! What the teachers are asking for is not even astronomical. A calculation of what would aggregate the salary increment to teachers is not astronomical figures that we have been hearing from the Government. If the Government was to agree to pay the teachers the contested salaries, it is going to cost the exchequer Kshs17 billion per annum, no more than that. It is not the Kshs98 billion you have been hearing, the over Kshs80 billion you have been hearing, it is only Kshs17 billion per annum.

This Motion does not need a seconder, and I have a special request from Sen Hassan Omar, who is travelling, so I will give him the floor and then we will give a chance to Sen. (Prof.) Lonyangapuo.

Madam Temporary Speaker, thank you for your kind consideration. I want to send an apology to Sen. (Prof.) Lonyangapuo. I have a flight to catch to Mombasa and I requested the Chair to give me a chance on a matter of priority. The children of poor Kenyans are all at home.

On a point of order, Madam Temporary Speaker. I just wanted you to guide us a little bite in terms of traditions and practices. Until now, we thought that a Member gets an opportunity to speak after catching the Speaker’s eye.

This is what he did

From the communication from the Chair, if you can clarify apparently he did not catch your eye, but he---

He caught my eye and my eyes can be caught in many different ways. So, the honuorable Senator has caught my eye.

Thank you for that opportunity. I am here to support this Motion---

On a point of order, Madam Temporary Speaker. This is a serious matter and it has been made serious by the honuorable Senator for Mombasa. If it is true that probably he caught your eye but he made it worse by saying he negotiated with you because he has to catch a flight---. If that is a tradition, then it means, every time we want to speak we have to negotiate. I can tell you that all of us have many problems. I have been sitting here waiting to go and meet somebody I am representing in court tomorrow where I have to do an affidavit before Seven o’clock this evening. I am doing this with a lot of respect for the Senator from Mombasa, but it is a tradition that normally you are allowed to speak when you catch the Speaker’s eye. The honuorable Senator for Mombasa made it worse by saying that it is not because he caught your eye but because he has a flight to catch to Mombasa. We all have a place to run to.

The Senator for Mombasa, could you correct that misconception. You caught my eye and it stops at that. There is nothing else.

Madam Temporary Speaker, I caught your eye and therefore I want to proceed. I want to thank you for this opportunity and equally support this Motion. At this point in time, as we speak, the young poor Kenyans are out of school in their homes. I passed by few areas in Nairobi and I saw most of the private school are in session. That gives us great pain because it is only through education that we can bridge the gap of

Your time is up. Please, conclude.

I support.

Sen. Wangari is not there? She has since left the House. I will give this chance to Sen. (Prof.) Lonyangapuo.

Madam Temporary Speaker, as I join the Mover of this Motion, Sen. Wetangula, I want to urge all Senators present and every Kenyan of goodwill to stand and say that the teachers are asking for a just cause which was already approved. Most of what the teachers are asking for is contained in their Collective Bargaining Agreement (CBA). It is not something that has just been dropped from the blues. There is a difference between something that you are demanding and something that has already been programmed by law to be given. Madam Temporary Speaker, even the highest court in the land has declared that teachers have a right to be paid their salaries including an increment of 50 to 60 percent. Any nation that does not look after the welfare of its people or any nation that does not look at the key human resource is headed for disaster. When teachers have come to a standstill the way they are today, where will we be in the years to come if the children are not going to be taken through the system. Academia is the only hope left because agriculture is almost dead, most of the other hopes that we had like industries are going down. The last one which we were now depending on is in academia – in primary and

.: Thank you, Madam Temporary Speaker. Let me raise an issue which has not been discussed even in the public domain and I think it is something which we ought to consider in future. The TSC, through the Chair, has failed the teachers of this Republic. Even if the teachers are eventually paid – which they will – the Chair ought to be removed from that position.

Order, Senator! You have not yet made a request for any intervention according to the screen here. You have to properly make a request.

.: Madam Temporary Speaker, the fact of the matter is that this country will not suffer anything if we paid the teachers 50 to 60 per cent that they were awarded by the court. We will pay more in the SGR passing through Makueni coming to Nairobi where we have committed ourselves. In fact, every kilometre is costing Kshs500 million. This is money that you, your grandchildren and great great grandchildren will pay in a long time to come. What we are doing today was done in Greece when they hosted the Olympics and thought that if you build infrastructure, you will build the economy. It was done again in

Thank you, Senator. Before I give the Floor to the next Speaker, let me make a statement, considering the importance of the matter on the Floor of the Senate. For the convenience of the Senate, under Standing Order No. 30, I direct that all Senators who have expressed interest to contribute will be given an opportunity to do so before the Senate adjourns. The next speaker is Sen. Khalwale.

Madam Temporary Speaker, I support and congratulate the Leader of the Minority for leading us in this Motion. I want to start by saying that the award of 50 to 60 percent by the High Court of Kenya which was challenged by the Government in the Court of Appeal and the Court of Appeal agreed with the High Court, which was again challenged by the Government in the Supreme Court, and the Supreme Court agreed with the High Court. The President has set a precedent by challenging that decision of the Supreme Court. This will go down in history as the most dangerous President. I wish to inform my brothers and sisters on the other side of this House to make time and inform the President that the Members of the National Assembly under which the responsibility to initiate a Motion of impeachment, are equally pissed off with what the Government is doing and therefore, he is preparing himself for a successful impeachment. We will not allow the children of the rich to be in school while the children of the poor who are in public schools remain at home. Today, as I woke up, I did not know what to tell my daughter, Inga Imbuyira Khalwale, who is in Form Three. She does not know why she is not in school because she is in a public school. We must oppose this. The Teachers Service Commission is led by a responsible woman in Kenya, the Secretary of the Commission, a responsible woman! We also have a responsible woman leading the Salaries and Remuneration Commission. The President is bringing shame to the women fraternity through this interference because it is being alleged that the three women have connived not to give teachers what they deserve. Madam Temporary Speaker, on the issue of where the money is - Mr. President, the money is there. According to the Auditor-General, Kshs67 billion was wasted. The President should cut on wastage in his Government contained in unnecessary foreign travels, unnecessary workshops and conferences in Five star hotels by the Jubilee Members of the Executive. There is money in the so called Laptop Project which we opposed three years ago and told them that they are going nowhere. It is now three years later, the money has never been spent. There is money, Leader of the Majority, you forgot what you reminded me of yesterday; that there is money in the so-called the International Euro Bond that was floated. We would like to know how much money was used in the Euro Bond and whether that money was banked in Kenya. If it is banked in Kenya, we would like that money to be utilized. We want Kenyans to know that these days there are shopping malls in about all the towns in our counties. When our wives, your children go for shopping in the mall,

Senator, your time is up. Please conclude.

Thank you, Madam Temporary Speaker, for giving me more time. I would like to conclude by saying that this is a Government of tenders. If the teachers’ issue was an issue of tenders, the money would have been found the same way they found money for kickbacks in the Standard Gauge Railway Line project, Laptop project, Pipeline project and Moi Teaching and Referral Hospital.

Your time is up, Senator. Please, proceed, Senator for Busia County, Sen. Wako.

Thank you, Madam Temporary Speaker, for giving me this opportunity. Five minutes is too short but I would say that on an issue that has gone on for more than 18 years, it is time to make a closure. The time to make the closure was the final verdict of the Supreme Court, the highest court of this land. That should have been the final determination by closing the matter, teachers get paid and we move on. One thing that I do not quite understand is the fact that when I read the various documents – and I have been following this dispute very closely – is the order of the Industrial Court which was subsequently confirmed in the Court of Appeal and the Supreme Court was actually based on the document produced by the economists of Government, the Teachers Service Commission (TSC) and the Treasury. That document was called the working document. If I remember correctly, the initial claim of the teachers was 150 to 300 percent. However, when the teachers saw that document, and the validity of it, they reduced their demands to 150 percent. When they went to the Industrial Court, it simply gave effect to that working document by the Government. Madam Temporary Speaker, the working document was based on the following; the need to ensure that a total wage bill is sustainable, the need to ensure that the teaching fraternity retains the skills required to execute its functions, the need to recognize productivity and performance. It made comparisons with Tanzania, South Africa, Kenya, Uganda and the United States of America (USA). The document took into account the inflation trends. Therefore, the Industrial Court in more or less adopting the Government working document agreed with them, that 50 to 60 percent is sustainable because that was the basis of that document. We cannot have obtained an order based on a Government document for the Government to now turn around and go into a charade of challenging that order through the Court of Appeal and Supreme Court and now they want us to start all over again on the basis that it is not sustainable. The Government’s own document said that it was sustainable and justified it to the extent that even the TSC recognized in a document signed by the Economic Secretary of the Government that the teachers had not

Sen. Wako, you should conclude.

Order! Give him 30 seconds to conclude. Please turn on his microphone.

Madam Temporary Speaker, having confirmed that, how then do they start saying that they cannot pay teachers because it is not sustainable when they – in their own documents – stated that it is sustainable? How then can they stand up and say that they will not obey court orders when they reconfirmed that they will do so?

Sen. Wako, please, conclude.

They now claim that they are concerned with the constitutional principle and the rule of law which demands that we obey court orders. Therefore, people who are in breach of the court order cannot assume in their negotiations and intimidatory approach to the teachers. They threaten that teachers will not be paid and that they will be sacked. In fact, they should be trembling and stating that unless they are careful, they shall be committed to civil jail because of contempt of court orders.

Order, Senator. Your time is up Senator for Samburu County, Sen. Leshore!

Thank you, Madam Temporary Speaker for giving me this opportunity to contribute to this very important Motion. Madam Temporary Speaker, I am not a spokesman of the Jubilee Government. However, I can honestly say that the Jubilee Government respects the rule of law. We respect what the Supreme Court said and we will abide by that. I am sure that the Government is short of money otherwise, it would have paid teachers.

Thank you, Senator. Proceed, Sen. Orengo.

Madam Temporary Speaker, I will try to finish what I have to say in the next five minutes. What is worrying me about this resolution by the President and the people who work around him, under the slogan “can’t pay, won’t pay” when there is a court order. If you say that you cannot pay, and there is a court order; those who are lawyers here know the consequences of saying “I can’t pay, won’t pay” when there is a court order. It means that you are disobeying a court order and, therefore, should be

Madam Temporary Speaker, I am in total support of this Motion. I address this House when I am mourning for over 280,000 teachers who are spread all over the country. They are in every part of this country. They live in desperate situations,

Senator, since you are also the Chairman of the Committee on Education, you have two minutes to conclude.

Thank you very much, Madam Temporary Speaker for the recognition. We must support teachers because this is a service Ministry. It is not like infrastructure or maybe the construction industry. It deals with people from the lowest level up to the university. If we do not reward the teacher, how can we develop skilled

Please, conclude now.

I beg to support.

Madam Temporary Speaker, I stand to support this Motion because of what I have been agitating for as the Senator for Machakos. I have stood by the teachers and will always stand with them. Madam Temporary Speaker, Sir, if there is one sector of society that has suffered in this country, it is the teachers. They started raising their issues during Moi’s Government. President Moi retired and the teachers are still suffering. When the NARC came into power, the expectation of every Kenyan was that since President Kibaki was an economist, he would deal with the problem of teachers. They were left hanging. Then the Jubilee Government came into power with the promise of creating jobs but it has made things worse for the teachers and this country. Madam Temporary Speaker, there are 285,000 teachers under the Teachers Service Commission (TSC). If we just take a small portion, just 2 per cent of the national Budget and pay the teachers, each of them will employ two people. That translates to close to 600,000 jobs but the Government is not ready to pay even a coin. We are taking it as a joke here, but Kenyans are getting poorer. Today, the children of the poor are at home, as I speak. But none of the children of the Members who sit in this House or the President, Deputy President and senior civil servants children are at home. At the end of the day, those who will be educated are the children of the most privileged. The poor will continue to languish in poverty. When a teacher is paid Ksh15,000, it is taxed. So, he or she cannot even afford to educate his or her children up to university level, yet that person is expected to put a lot of effort in his or her work, in the name of serving their country. Which country is this that you serve to promote the lives of those who kill your children directly and indirectly? You sit and watch your children being maimed by those who carry the power. Madam Temporary Speaker, if the Jubilee Government is not ready to obey the rule of law, which put them where they are, we will take the law into our hands and save this country.

On a point of order, Madam Temporary Speaker. I do not want to interrupt my good friend, but is he in order to say or show signs of waging a war against Jubilee Government? What does he mean?

(Sen. Ongoro)

Madam Temporary Speaker, when Jubilee came into power after the ruling by the Supreme Court - whether or not they stole the votes - we obeyed the

Please, conclude. ( Loud consultations )

Madam Temporary Speaker, let the Jubilee Government obey court orders and pay the teachers that increment which they were awarded by the courts.

Madam Temporary Speaker, I rise to support this Motion. I think as a nation, for the last 50 years, if there is one thing that Kenyans have agreed on, in all our successive governments, is to give education a priority. So, that in all our financing, in all budgetary allocations in this country for the last 50 years, nearly a third of our national revenue has always gone to education. This is the seriousness with which the successive governments have taken education, as our top priority national interest. However, the need to address this issue is a national one. I think we all have a collective responsibility as Kenyans to address this issue of teachers once and for all. This is not a problem that started this year. The Collective Bargaining Agreement (CBA) has been in place since 1997. In fact, one of the longest strikes was during the Grand Coalition government. As a matter of fact, some of my colleagues sitting across were in that Government. I think it is, therefore, imperative that we find a solution as Kenyans to this matter. I think there’s no doubt teachers need to be paid. There is also no doubt that we need to harmonize the remuneration of public servants through an appropriate scheme adopted by the Salaries and Remuneration Commission. However, when the matter has reached where it has; when this matter has been protracted for a very long time and has ultimately ended up in court, with the consent of both parties, the employer and the employees, and the court has ruled, I think it is only proper that the Government seriously considers how to raise money to address that issue, because there are no two ways about a court decision. However, I also think, that it should not be lost on the Government that you can achieve much more through dialogue than non-dialogue. I think there is no better way than for His Excellency the President to actually sit with the leaders of these teachers. It is not late even today to sit with them, as the other leaders have done before him, and explain to them the need to address this issue in a progressive and gradual manner. The teachers need to be paid but looking at the capacity of the Government, unless we do that, we are going to have a serious problem, because we cannot afford to have 10 million primary and secondary school students in this country staying at home. That is a disaster. In fact, it is a matter of national interest that should be an emergency for the Government to sit and discuss at the earliest opportunity. I do not think this is a matter that should been have left to go this far. It is a matter that the Government should have burnt the midnight oil to address. Madam Temporary Speaker, I think there are also concerns which have been raised by TSC which are genuine. There are concerns about the productivity of teachers and lack of professionalism in some of the teachers. I think it is time the Kenya National

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

I will take it.

May I inform the distinguished Senator for Mandera, who I respect tremendously for his acumen on accounts and figures, that, in fact, in the National Assembly, close to Kshs10 billion has been allocated by Treasury that Members of Committees that they think will help the Ministry are just sharing and taking to the constituencies without any order, any structure or procedure.

Madam Temporary Speaker, that Statement is a fact because the issue about the improprieties in the Budget-making process by the National Assembly in which the Budget was based on political and other patronage other than---- I agree with him. I support.

Madam Temporary Speaker, Sir, thank you for giving me the opportunity so that I may also stand in solidarity with the teachers of this nation. Let me congratulate the Mover of this Motion, the Senate Minority Leader, for rising up to the occasion by bringing up this very important and urgent national matter that need to be discussed and dealt with. We have heard that over the last 18 years teachers have been negotiating for their salaries in vain. You cannot negotiate for salaries for 18 years. It is unheard of and it is a practice that is never done in labour laws. It is time the Government brings this matter to an end. This matter needs urgent resolutions. The teachers are the foundation of this nation. We know that they take care of our children. They bring them up and nevertheless, all of us in this distinguished House, at one stage or another, have been under the care of teachers. Therefore, we know their value in the society. If you

Thank you, Madam Temporary Speaker. I rise to support this very important Motion. It is a sad moment in this country that as students prepare for exams, they now find themselves out of class. We see a lot of laxity from members within the Executive, the Teachers Service Commission (TSC) and the various stakeholders who are supposed to help us sort out the problem regarding teachers’ salaries. They are not so interested because maybe the children who are affected right now are those of poor parents. The children of the well-to- do are in private schools and academies and they may not feel that pain. The issue at hand is not whether or not teachers deserve salary. It is about the implementation of a court order. I want to persuade and urge the Executive together with the various institutions to sit down and organize themselves because this is about the rule of law. They should sit down and agree with the teachers’ unions on an implementation

Thank you, Madam Temporary Speaker. As we ponder and think of what is going on in the country right now, I get worried on the sort of advisors our President may be having. At one time, I thought that the second generation alcoholic drinks were dealt with by the same President, but I wonder whether his advisors are not on this stuff. When the President was in Italy, Kenyans and more so the teaching fraternity thought that his arrival in the country will blow wisdom into the whole saga. Everybody kept waiting for the President to give direction because we thought he would come up with a tangible solution. On arrival, he should not have said that he will not pay and he cannot pay. He would have bought time and listened to the TSC and the KNUT. They would have had a very strong stand but it was his duty to listen. Listening is a virtue of wisdom. The only forum that was open as a solution to this crisis was the National Assembly. However, the Speaker and the Majority Leader of the National Assembly said that this matter cannot go to the National Assembly yet that

Please proceed, Sen. Elachi.

Madam Temporary Speaker, I also rise to support this Motion. For the first time, the Jubilee Government has let us down.

In the education sector, we promised our children laptops, however, we never fulfilled our promise. We have again left teachers hanging yet examinations are about to start. It is time women of this country who are the majority and have seen challenges of taking children to school did something. One feels pain when they sell their land, cow or vegetables to enable them send their children to go to school. When your son or daughter sits for Standard 8 or Form 4 examinations, you have no idea whether he or she will pass or will be accused of cheating when results are released the following year by the Kenya

Senator for Nyamira County, Sen. Okong’o.

Madam Temporary Speaker, thank you for this opportunity. From the outset, I also support this Motion. Since 1997, teachers have been tossed left, right and centre. However, with the new constitutional dispensation, they have been given what is rightfully theirs. It is very important that this Government honours the Supreme Court verdict.

Hon. Senators, it is now time to adjourn the Senate. The Senate stands adjourned until tomorrow 17th September, 2015, at 2.30 p.m. The Senate rose at 7.10 p.m.